1. Bookings, payments and cancellation
- When booking through the form on the site we require a 50% down payment, to be made through PayPal, credit or debit card, bank transfer.
- A week before the rental start of the rental service, you will pay/we will charge you the balance due. Your non-payment within the period indicated, authorizes the DesmoRent to retain the deposit as a penalty, resulting in cancellation of the booking.
- In case of reservation within fifteen days before the rental start you will need to arrange for payment of the full amount of the rental.
- In case of cancellation up to 15 days before the rental start, your down payment will be held for a subsequent rental, that must take place before the end of the year following that of cancellation.
- In case of cancellation from the 14th day before the rental start, the amount paid will be charged as penalty.
- Within the meaning of the Consumer Code (D.Lgs.n.206/2005) the right of withdrawal does not apply to the rental services of vehicles.
- Neither party can be held responsible for failure to perform its contractual obligations in proven cases of force majeure (eg. Natural disasters, acts of terrorism, wars) therefore DesmoRent will reimburse the amount paid. Contact however Desmorent for such hypotheses.
2. Rider qualifying
- The bikes can only be rented to people who have been holding an A2 driving license, or a valid license to drive the bike, which expires after the end of the rental period.
- On booking, the customer and the driver if other than the customer himself, will have to provide the details of the driver’s license. At rental start, the customer will show the driver’s license, the ID and the tax code. The customer shall bear civil or criminal liability in the event of submission of false documents. The customer also declares that his driving license meets the legal requirements for the entitlement to drive in Italy expressly exempting DesmoRent from any liability in case of false declarations. The customer and the driver are jointly and severally liable for all obligations arising from the contract.
- DesmoRent retains, even in computer form, a copy of the documents submitted in accordance with the law.
3. Contract and security deposit
- At rental start DesmoRent, issues a copy of the rental contract signed by the customer, of which these General Terms and Conditions form an integral part. The minimum rental period is 1 day. Any decrease in the duration of the rental or in the extras required do not entitle the customer to any discount or reduction of the price agreed at booking unless agreed with DesmoRent.
- Before collecting the motorbike, the customer is required to pay the rental price and to provide a credit card with enough available credit to cover the security deposit, otherwise Desmo Rent refuses to deliver the motorbike and holds the payment done as down payment for a subsequent rental, that must take place before the end of the year following that of the refused rental. The deposit will not be cashed by DesmoRent, but it will be held by pre-authorization on the credit card. It will be used by DesmoRent itself to cover all damages, expenses and charges related directly and/or indirectly to the rental, including damage to third parties and those arising from theft involving the payment of the insurance deductible.
- DesmoRent reserves the right to terminate the rental agreement, in case of violations of the articles of these General rental conditions as well as for failure by the customer to make the payments due within the time limits laid down, requiring the immediate return of the rented vehicle. In these cases nothing will be due by DesmoRent.
4. Motorcycle delivery
- The motorcycle delivery must take place on the agreed rental start date and time. In case of delay or impediment in the delivery due to disregard of this point, Desmo Rent charges the agreed cost of the rental and is not obliged in any case to any form of discount or compensation.
- Motorbike delivery on Saturdays, Sundays and public holidays is only possible by prior arrangement with Desmo Rent and at an additional € 50,00 price.
- Motorbike delivery in a place other than the rental station is only possible by prior arrangement with Desmo Rent at an additional price to be agreed.
- In the event that for reasons of force majeure the requested motorbike is not present, wherever possible Desmo Rent provides an equivalent or higher category of motorbike and this does not entitle the customer to obtain any reimbursement or any other form of compensation or to cancel the contract. In the event that an equivalent motorbike is missing, wherever possible Desmo Rent provides a lower class motorbike, with a corresponding reduction in price according to the price list in force. In the event that the customer does not accept this motorbike, the customer is entitled to a full refund of the amount paid, excluding any other form of compensation by DesmoRent.
- The motorcycle is delivered with sealed odometer. In case of tampering, the customer is required to pay a penalty of € 100.00 per day, which will be deducted from the security deposit.
- Before the delivery, the customer is obliged to verify the state of the motorcycle, acknowledging its proper functioning. The customer agrees to deliver the bike in the same state it had at rental start and with all the documents and the accessories delivered along with it. Any damage not marked on the contract found on the motorbike and/or on its accessories at the end of the rental is charged to the customer in accordance with the article that follows.
5. Motorcycle return
- The return of the motorbike must take place at the agreed location by the agreed rental end date and time.
- The return of the motorbike before the agreed rental end date and time does not entitle to any form of discount or compensation by DesmoRent. It is possible to request an extension of the rental duration, subject to prior authorization by DesmoRent, by sending a communication in writing to the e-mail: email@example.com or by contacting customer service at +39 3294985419 no later than 24 hours prior to the scheduled delivery date.
- In case of a delay of more than 1 hour after the agreed return time, Desmo Rent charges the customer the cost of one additional day of rental for each solar day late, even partial, in addition to the cost of any subsequent rental lost by DesmoRent in consequence of the delay.
- The abandonment of the motorbike in a place other than the agreed return place without a prior authorization by DesmoRent, involves responsibility of the customer to meet expenses for the recovery as well as a penalty of € 500.00.
- The motorbike must be returned with at least the fuel tank level indicated on the contract on rental start. If the level is lower, Desmo Rent charges the customer the cost of the missing fuel.
- The motorbike must be returned in the state it was with all its accessories when delivered by Desmorent. Otherwise, the customer will be required to pay the cost of repair or repurchase.
- The rental ends when the motorbike check above is completed.
- Any exceeding mileage and any other cost due for damage occurred in consequence of the rental will be charged on the customer’s credit card.
6. Motorcycle use and customer obligations
- DesmoRent cannot be held liable for damage or injury to third parties occurred during the use of the rented motorcycle. Therefore, the same is indemnified by the customer and/or by the driver from any claim made also by third parties for damages and/or injuries due to the rental.
- The customer and the driver undertake for the duration of the rental to guard the motorcycle and its accessories, to use the vehicle properly with the utmost care and in compliance with all legal obligations. Therefore all forms of improper use of the bike (e.g.: driving on the track, off-road, Wheelies, etc.) are prohibited. Any opposite use obliges the customer to compensate for consequential damages. In case of damage exceeding the value of the motorcycle, the customer will be charged for the market price of the bike itself.
- The customer and any authorized rider undertake for the rental duration to keep the motorbike under proper conditions of use, to verify the operation of all lights, the tires pressure, the fluid levels, the brake pads, and the greasing of the transmission chain, and in the case that an intervention is necessary, are committed to: 1) have the intervention performed by a workshop; ii) anticipate any related expenses, complying with the following paragraph. The customer is committed to communicate to DesmoRent any types puncture.
- The customer also undertakes to pay the fines received for infringement of the Highway Code or other laws during the rental period, delivering a copy of the fine and the receipt of the corresponding payment to DesmoRent. If the fine has not been notified to the driver during the rental period, DesmoRent will forward the notification, charging the costs incurred.
- Without prejudice to the above, in the event of infringement involving the administrative detention of the motorbike, the customer is required to pay for DesmoRent, in addition to the amount due under this contract, the cost of any days from the end of the rental until the end of the period of detention, calculated according to the rental price list in force.
7. Expenses reimbursement
- Desmo Rent does not refund under any circumstances:
- expenses for operations not authorized by Desmo Rent staff;
- invoices or receipts not addressed as indicated above;
- the costs of repair and replacement of tires due to punctures.
8. Trip interruption
- The rented motorcycle, if included in the rental contract, is covered by a roadside assistance, that operates when it is impossible to continue the trip for accident or mechanical breakdown and usually includes:
- roadside assistance;
- transport of the motorcycle to a workshop;
- coverage of the cost of the driver and passenger’s trip to the start rental station or other destination to be agreed directly with DesmoRent (only in cases not attributable to negligence or willful misconduct of the driver).
- In any case of impossibility to continue the trip due to any reason, the authorized rider is required to promptly call the breakdowns assistance and Desmorent at the telephone numbers located among the motorcycle documents and follow the instructions provided by the operator until the problem has been fixed or the motorcycle is recovered in an authorized workshop. Any failure to comply with this obligation frees Desmo Rent from any obligation towards the customer.
- Outside of accident cases, in case of failure not due to the customer/driver, DesmoRent, will refund to the customer:
- the part not enjoyed of the paid rental;
b) any costs incurred for repairs of the vehicle failure, resulting from previously authorized and duly registered to the company invoice, as indicated in Article 7.
Any further claim is to be excluded.
- the part not enjoyed of the paid rental;
9. Damage to the motorcycle
- 1. In the event of an accident, the customer is liable to compensate DesmoRent for any damage caused to the bike or its accessories, together with the costs, administrative and/or legal, for the management of the accident.
- If the event implies a trip interruption, the customer/rider is held to comply with the procedure in paragraph 8.
- In any case of accident, the customer is obliged to implement the following behaviors:
- immediately call the local police;
- collect the personal details of third parties and those of the other vehicles involved and of any witnesses present;
- immediately inform DesmoRent of the accident by email (to firstname.lastname@example.org) or by phone (+39 329 4985419), sending the blue form correctly fulfilled and signed, or, if missing, a detailed description of the event;
- follow exactly the instructions that DesmoRent will provide, via email and/or by telephone, as to the method to be followed for the custody and/or repair of the motorcycle.
10. Seizure of the motorcycle
- In the event that is initiated by the judicial authorities the seizure of the motorcycle for reasons attributable to the Customer (and/or the driver), DesmoRent will charge the Customer for each day of seizure, the daily rate of rental, in addition to the expenses necessary for the release from seizure of the vehicle.
11. Theft and fire of the motorcycle
- The rented motorbike is insured against theft and fire, with a deductible that will be covered by the security deposit specified in the contract. The customer undertakes to compensate DesmoRent for any damage in consequence of the theft not covered by the insurance and to pay the whole amount of the deductible. The customer and/or the rider are jointly and severally responsible for any theft or fire suffered by the rented motorbike up to the amount of the security deposit specified in the contract. If the customer cannot return to DesmoRent the keys of the stolen motorbike, the customer and/or the rider are jointly and severally responsible up to the market value of the vehicle at the time of the theft.
- In any case of theft or fire the customer is obliged, without prejudice to any obligations imposed by law, to follow the operative instructions in paragraph 9. DesmoRent keeps the customer and any authorized rider jointly and severally liable for any charge that may result from such omission.
- If the fire or theft implies a trip interruption, the customer and/or the rider are held to comply with paragraph 8 above.
12. third party liability
- The motorbike is insured with third party insurance, which fully covers damage caused to third parties and their properties.
- The insurance company has the right not to cover any damage to third parties in specific cases, including: riding without a proper and valid driving license; riding under the influence of alcohol or drugs; riding on track or off-road; riding with more than one passenger; willful misconduct. In evidence of such cases, the customer and and/or the rider are jointly and severally liable.
- In any case of accident with involvement of third parties, the driver is obliged to follow the operative instructions in paragraph 9. The customer and/or the rider are jointly and severally liable for any damage or expense that may result from such omission.
13. Damage to rider and passenger
DesmoRent can never be held liable for any harm or injuries occurred to the customer or the driver or the passenger in consequence of the use of the rented motorcycle. The use of the motorcycle is at their sole risk.
14. Governing law and jurisdiction
- For any matters not governed by these rental terms and conditions, apply the rules and practices in force in Italy at the ime of rental.
- For any dispute arising as a result of the rental, the competent court is the Court of Rome.
- In the case of ineffectiveness or invalidity of one of these conditions, it will not affect the validity of the remaining contractual provisions.
15. Translation into english version
These General Rental Conditions are also available in Italian language. In any event of discrepancies between the two versions, the Italian text shall prevail.
Pursuant to and for the effects of articles 1341 and 1342 of the Codice civile, the Customer declares to fully accept and expressly approve all provisions of these General rental conditions.
Desmorent S.r.l.s. – Via Pietro Blaserna, 90 a-b-c -00146 Roma – C.F. e PI 14591341004