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TERMS and CONDITIONS

THE PARTIES MUTUALLY AGREE AND STIPULATE THAT THE RENTAL SHALL BE GOVERNED BY THE FOLLOWING RENTAL TERMS AND CONDITIONS

The vehicle is consigned and entrusted to the client in good working order, provided with standard equipment, onboard vehicle documents, certificates and insurance. Upon delivery of the vehicle, the customer becomes its guardian for all purposes of the law. The customer agrees to keep and use with the utmost care and diligence the rented vehicle and accessories that come with the vehicle, always use the anti-theft devices (steering lock and chain with padlock) and redeliver the vehicle in the same condition as originally received and, therefore, agrees to replenish any shortcoming and to pay for any damage found upon return.

The rented vehicle is authorized to circulate solely in Rome and be driven exclusively by the renter, who must be 18 years old or older, in possession of a valid driver’s license and declares to know how to drive the vehicle. The customer assumes all risk and liability in the event of entrusting driving of the vehicle to a third party, even if an unlicensed driver.

The customer must return the vehicle with the same fuel level written on the contract. In the event of a difference, the customer will be charged € 10,00 for refueling service, in addition to the cost of the fuel that was not replaced. In the event of refueling with fuel other than the correct type, the customer will be charged for consequent damages.

In the event of a flat tire or puncture during the rental period, substitution expenses will be charged to the customer. For safety reasons, reparation of the tire is prohibited.

In the event of roadside assistance, the customer must immediately contact the lessor. Roadside assistance is not included in the rental; eventual costs will be calculated based on the distance of the retrieval location.

The customer declares under sole responsibility that the residence address indicated in the contract, as well as the attached personal documents, are correct and that for the purpose of the present contract any communication and/or notification may be sent to said address.

The customer is responsible for all penalties and/or fines resulting from the infringement of the Italian Highway Code that have been imposed upon the customer during the period of custody of the vehicle. The customer must transmit to the lessor any fine that has been imposed upon him/her by Public Authorities within 24 hours, after which the customer shall be liable for any expense or damage suffered by the lessor due to failure of timely transmission. In the event of fines notified following the rental termination date that have not already been paid by the customer at the time of the contract closure, the customer henceforth authorizes the lessor to transmit to the authorities who have imposed the sanction a copy of this contract, as well as a copy of the customer’s personal information, and to charge, without notice, €50,00 to the customer’s credit card for administrative fees.

The customer declares to know and agrees to comply with all the rules and regulations of the Italian Highway Code, in particular: A) It is prohibited to drive under the influence of alcohol, drugs and/or medicine; B) Circulation is prohibited on motorways with vehicles with an engine size less than 150cc; C) Driver and passenger must always wear helmets; D) It is prohibited to sub-rent the vehicle; transport persons and/or goods for commercial purposes; push and/or tow other vehicles or other; drive in contests, on race circuits, in sporting facilities, on pathways open to the public, drive in pedestrian areas, preferential lanes or wherever there are vehicle circulation restrictions or limitations.

The customer agrees to pay € 2,500.00 for vehicle administrative detention expenses for a 60 to 90-day period as provided by Traffic Code Art.171, paragraph 1, paragraph 2 and paragraph 3.

 The vehicle is covered by liability insurance that covers damage caused to third parties, with a mandatory deductible of € 250,00 that will be charged to the customer in event of a claim. Insurance coverage is void if driving while intoxicated or under the influence of drugs or medicine.

In the event of an accident, the customer is obligated to promptly notify the lessor. If persons or other things have been involved in the accident, the customer must fill out the C.I.D. form (Convention for Direct Indemnity) to be found onboard with the vehicle documents. Damage and shortcomings verified upon vehicle return shall be charged to the customer, also eventually following further specific quantification when necessary.

In the event of damage, shortcomings, theft and/or fire, even partial, of the vehicle, the customer is obliged to promptly report the incident to the lessor and, if necessary, immediately report the incident to the competent Authorities. The customer will be required to pay damages up to an amount of € 1000,00 in addition to the rental fee. The lessor herewith is authorized to charge the sum due to the customer’s credit card. The rental fee, as defined by this contract, is also due for the days of non-use of the vehicle by the customer due to theft, fire or damage that entail the immobilization of the vehicle.

Unless agreed otherwise and noted on the contract, the times of departure and return of the vehicle are during opening hours of the shop, 9:30 to 19:30. In the event of delivery/pickup service to lodgings, times will be agreed upon including departure and/or return of the vehicle from/to the venue. The vehicle must be returned by the date and time indicated on the contract to the location agreed upon. Any change of time and/or date of return must be agreed with the lessor prior to the established time of return. Otherwise, failure to return the vehicle on time will be reported to the competent Authorities as misappropriation.

Payment of the total rental fee may be in cash or by credit card, also by an eventual guarantor who shall jointly sign the contract, and must be paid in advance. In the event that, for whatever reason, advance payment is not made, said payment must be made on the date of expiry of the contract at the same time of the return of the vehicle.

The customer and eventual guarantor are aware that the lessor may require a pre-authorization charge to their credit card or cash for a maximum amount that is equivalent to the sum of the guarantee for theft (€ 900,00), in addition to the established amount for the rental.

In event of non-compliance and/or violation of the conditions expressly agreed upon in this contract, said contract shall be deemed terminated with immediate effect at the time of violation: such an eventuality, the lessor shall take repossession of the vehicle wherever it may be found without prior notice to the customer and no compensation shall be due to the customer for damages or for any purpose or reason.

Any dispute or controversy that may arise relating to this contract and its interpretation and/or execution will be exclusively subject to the jurisdiction of Rome.

The undersigned acknowledges and accepts as of now the charge of all expenses (fuel, insurance deductibles, insolvency, penalties, administrative costs, fines or damages) detected or found following the delivery of the rented vehicle and authorizes Biga Bike s.r.l. to charge said expenses to my credit card.

In accordance with Arts. 1341 and 1342 Civil Code the customer declares to have read and approved specifically the terms and conditions of the articles: from number 1 to number 20. The customer also declares, pursuant to and for the purposes of Art. 1469 et seq. Civil Code, that said clauses have been specifically brought to his/her attention.

With the signing of this contract, pursuant to the effects of Articles 13 and 23 of Legislative Decree no. 196/2003, the lessor authorizes Rome for you sooc.cop. the processing of his/her personal data, including carefully selected third parties, including the communication and dissemination to third parties solely for purposes related to the execution of this contract and the carrying out of activities of Biga Bike s.r.l. This authorization shall apply to all data collected, until revocation is requested by the data owner.