Rental Terms and Conditions

This regulation indicates the rules that must be respected by the user for the rental use of bicycles owned by FM RENTAL SRLS and the contractual conditions that the rental service manager is required to apply. The validity and conditions also extend to other rented vehicles such as canoes, kayaks, dinghies, scooters, etc. although for ease the vehicle in question is indicated for ease with the nomenclature of “bike, cycle, bicycle, vehicle or vehicle”

1. A deposit of between €200 and €500 is required for each vehicle rented. Payment of the rental price and deposit must be made upon signing the contract and can be paid either by cash or by pre-authorization on a credit card.

2. The security deposit will be returned upon regular return of the vehicle/s and after careful inspection. In the event of any damage or failure to return the vehicle/s, the deposit, in whole or in part, will be retained by FM RENTAL SRLS as compensation. If the damage found is greater than the deposit paid, the renting customer is required to pay the difference.

3. The use of the vehicle is reserved for adults unless the minor is accompanied by an adult who assumes responsibility in writing.

4. The lessee declares to have visited the goods and to have found them in excellent condition and suitable for the agreed use, and undertakes to return them at the end of this contract, in the same conditions in which they were delivered, without prejudice to the normal usury. He also undertakes not to load a weight exceeding 110kg including the driver.

5. In the event of damage and/or breakage caused to the rented vehicle, the user will have to pay the damages caused which will be quantified by the manager at the time of return of the vehicle, at the current market value and labour.

6. In case of delay in returning the goods referred to in this deed, upon expiry of this contract, the Lessor is required to pay the rental company a penalty of € 30.00 for each vehicle and for each day of delay in delivery beyond the cost for each day of rental according to the basic daily rate, except for greater damage.

7. The rented goods are delivered to the renter upon signing of this agreement. The renter undertakes to manage the vehicles referred to in this contract in full compliance with their current destination, to take care of them with diligence for the protection of the name and decorum of what was rented with the right to carry out the activity in compliance of all legal and safety regulations.

8. The renter must use the vehicle in compliance with the rules of the highway code and with all the rules in force in the country of use.

9. The renter declares to be responsible for all damages, none excluded, caused to himself, to third parties or to things deriving from the use of the vehicle. – FM RENTAL SRLS is not responsible for all deficiencies, failures and other defects not resulting before the delivery of the vehicle to the customer and no compensation can be requested.

10. The hirer expressly indemnifies the hirer from any liability deriving from the custody and circulation of the vehicle, assuming any injuries to his/her person, damages caused to third parties as well as any hypothesis of theft, even partial of the vehicle and also in case of guided excursion.

11. In the event of theft of the vehicle or one of its components, damage to parts or accessories, the customer is required to reimburse the vehicle or part at the current list price and at the cost of labour, excluding any breakage of the cables. In the event of a puncture, €10 will be charged for the normal inner tube and €15 for the gel one.

12. In case of theft, the renter is obliged to present an immediate report to the competent authorities and submit it to FM RENTAL SRLS.

13. Failure to return the vehicle without prior communication and motivated by exceptional cases, will be considered as theft and therefore reported to the Judicial Authority.

14. A keyed or combination lock chain is provided with each rental. In case of loss of even just the key, €20 will be charged.

15. The use of a bicycle or other means as well as participation in a guided tour presuppose the physical fitness and technical expertise of whoever intends to ride it. Therefore, by renting the vehicle, the user declares to be equipped with adequate capacity and appropriate competence, without making any reservations.

16. The user with the non-functioning vehicle undertakes to return it to the point where he signed the rental agreement. In case of assistance and transport of the vehicle and/or people for reasons not attributable to the renter, a fee of €50 + VAT will be requested for the service plus an extra €1.45 per km depending on the distance

17. The signing of the rental contract by the user presupposes the knowledge and unconditional acceptance of these regulations, the rates, the opening and closing times of the rental service.

18. In no case is the refund of the amount paid for the rental foreseen. The replacement of the vehicle may be foreseen in the event of serious mechanical failures.
19. Any controversy that may arise from this contract is now referred to the sole and exclusive jurisdiction of the Olbia-Tempio P court.

Art. 1. RELIANCE OF THE VEHICLE

The vehicle is entrusted to the customer provided with the standard equipment and the circulation documents in certified copy of which the customer becomes the custodian for all purposes of the law. Driving the vehicle covered by this contract is allowed only and exclusively to persons with a minimum age of 18 years old in the case of motorcycles and 25 years old in the case of cars, only if in possession of a valid driving license for the category, in original and issued for at least 1 year. It is possible to rent the car to drivers under the age of 21 with a supplement for the “young driver” policy. The vehicle is entrusted to the customer on the assumption that the same makes use of it by driving it personally, thus assuming all risk and responsibility in case of entrusting the vehicle to a third party and also for the other effects of Article 116, paragraph XII of the Highway Code relating to the assignment to a person without a driving license. The vehicle is delivered maintained and in excellent condition, complete with all the necessary accessories (helmets, chain and top case for scooters, triangle, vest, spare wheel or repair kit for cars) in addition to those indicated in the contract. The customer is required to immediately contest and in any case within 30 minutes of delivery of the vehicle, should he find any anomaly not reported in the contract, as it is the customer’s obligation to communicate any defect or malfunction that may occur during the rental period. In the absence of such notification within the established terms, the damages found will be attributed to the customer.

Art. 2. CIRCULATION OF THE VEHICLE
The customer is authorized to circulate only and exclusively in Sardinia, outside these borders the circulation must be authorized by FM RENTAL SRLS, the lack of authorization will be treated as theft of the vehicle with consequent economic and criminal penalties. The customer is responsible for the normal circulation of the vehicle as well as for its correct use and routine maintenance. In case of need for roadside assistance, the customer must contact FM RENTAL SRLS under penalty of all expenses incurred plus the greater damage. The customer expressly agrees to indemnify, within the limits of the law, FM RENTAL SRLS from any claim arising from the use of the rented vehicle in accordance with the contract. The customer must reimburse FM RENTAL SRLS for the payment of any penalties and / or fines resulting from infringements of the Highway Code imposed during the period of entrusting the vehicle. The customer undertakes to transmit to FM RENTAL SRLS any report notified by the public authority within 24 hours. The customer will be responsible for any disbursement and / or damage suffered by FM RENTALS SRLS directly or indirectly caused by the lack of timely transmission. In the event of penalties and / or fines notified to FM RENTAL SRLS after the end of the rental, FM RENTAL SRLS is from now on authorized to withdraw without notice the amount corresponding to the amount due on the customer’s credit card in addition to an amount of 50 € + VAT for the costs of the transmission of documents. (Delayed Charge Agreement)

Art. 3. CONDITIONS OF USE
The customer acknowledges that he does not have any real rights over the rented vehicle and the accessories supplied and therefore cannot dispose of them in any way. In particular, the sub-rental of the vehicle to third parties in any form is strictly prohibited. Furthermore, the customer may in no case use the vehicle: (a) to push or tow vehicles, trailers or other things; (b) in races, competitions, competitive trials, competitions on circuits, equipped facilities or routes; (c) under the influence of alcohol, drugs, hallucinogens, narcotics, barbiturates, intoxicants, or any other substance capable of impairing the state of consciousness and alertness, or the ability to react; (d) in violation of customs, traffic or other legal regulations; (e) for circulation in prohibited or restricted traffic areas; (f) a person who has provided FM RENTAL SRLS with false data and / or information regarding their age, name, date and place of birth, residential address or tax code; (g) for purposes contrary to the law. In addition, the customer assumes the obligation to: (a) drive the vehicle personally and keep it, together with the accessories supplied, with the utmost diligence and in compliance with all legal regulations; (b) ensure the operation and safety of the vehicle during the rental period; (c) indemnify FM RENTAL SRLS from any claim made by third parties for damage suffered by the latter to the goods transported in the rented vehicle or due to breakdowns or problems with the vehicle; (d) reimburse FM RENTAL SRLS, upon presentation of an invoice, for any expenses, including legal ones, that it should incur to obtain the fulfillment of the pecuniary obligations due for any reason and / or reason not paid, in addition to administrative costs ; (e) use all the anti-theft devices with which the vehicle is equipped whenever it is parked and abandoned, even if in closed places and guarded areas.

Art. 4. RULES OF THE CURRENT ITALIAN ROAD CODE
The customer declares to be aware of the rules of the current Highway Code. In any case, FM RENTAL SRLS has informed the customer on the main rules, with particular reference to the legislative discipline on helmets, speed limits and the consequences deriving from their non-compliance.

Art. 5. VEHICLE INSURANCE COVERAGE
The customer declares to know, accept and undertake to comply with the conditions set out in the insurance policy. The rented vehicle is covered by civil liability insurance, which covers damage caused to third parties and does not include the driver. If the customer needs one of the aforementioned events, he will be charged the deductible provided for by the contract (CDW) and vehicle value in case of theft and / or fire. For motor vehicles in the event of damage due to neglect or falls or any event without collision or gross negligence (driving under the influence of alcohol or drugs, driving without a valid license, driving in the wrong direction or serious violations of the CdS), the customer is required to refund total damage caused up to the maximum value of the vehicle indicated on the contract. In case of theft or fire, partial or total, the customer undertakes to report the fact immediately to the competent authority and to deliver the original of the report to FM RENTAL SRLS within and no later than 24 hours from the fact and must correspond to FM RENTAL SRLS the total value of the vehicle indicated on the contract. The rental fee, as established in this contract, is also due for the days of non-use of the vehicle due to theft or fire. The damage limitation coverage expires in the event of total theft with failure to return the keys and must pay the total value of the vehicle at the list price including registration costs and greater damage.

Art. 6. CLAIMS

If any claim occurs, the customer undertakes to immediately notify FM RENTAL SRLS by telephone. The customer must request the intervention of the competent authority and, when necessary, must submit a complaint to the competent authority. The customer must take care to obtain the data relating to the witnesses and the other vehicles involved or, in any case, to obtain all the information necessary for determining the responsibilities of the accident. Furthermore, the customer undertakes to send FM RENTAL SRLS, no later than 24 hours after the accident, a complete detailed report on the “accident report” form (CID), enclosed with the vehicle documents. Finally, the customer undertakes to cooperate with FM RENTAL SRLS, its Insurance, its Legal in any investigation or extrajudicial and judicial procedure.

Art. 7. DELIVERY AND RETURN OF THE VEHICLE

Before the start of the rental, the date and time of delivery and return of the vehicle have been agreed between the parties, the customer personally undertakes to comply with what has been agreed. Any variation must be previously agreed in writing with FM RENTAL SRLS. The customer’s tolerance of delay for delivery is 20 minutes and after this deadline the reservation will be considered canceled without any right to a refund. It is possible, subject to agreement with the company, for a possible return at another time at a minimum cost of € 50 + VAT depending on the distance, at the total discretion of FM RENTAL SRLS and without any right on the part of the customer, to a possible refund for unused rental days. In case of delay in the return of the vehicle by the customer of more than 20 min. an additional rental day increased by 25% will be charged since the fractions and intermediate terms are considered as a full day., plus any expenses incurred or missed collections resulting from it up to a maximum of € 200 per day, up to the date of delivery. FM RENTAL SRLS reserves the right to terminate the contract and to regain possession of the vehicle at any time in case of violation of the agreed conditions of use, without anything being due to the customer as compensation for damages, or any other title and / or reason. In any case, the customer undertakes to return the vehicle as soon as FM RENTAL SRLS requests it, even verbally. Items left by anyone in the vehicle returned to FM RENTAL SRLS are considered abandoned, and FM RENTAL SRLS is not required to keep them or return them. The customer is responsible for the vehicle until it is taken over by the staff of FM RENTAL SRLS; in case of delivery made to third parties or not the presence of the company’s staff, any damages that may occur are charged to the customer.

Art. 8. LIABILITY FOR CUSTOMER DAMAGES
The customer undertakes to return the vehicle and its equipment in the same delivery conditions, and therefore also undertakes to make up for any shortages and compensate for all damage caused, except for normal wear and tear. In particular, the customer assumes the obligation to compensate for the damages deriving from the refueling carried out with fuel other than that provided for the rented vehicle and the damage deriving from repairs carried out or made directly by the customer without the written consent of FM RENTAL SRLS , or deriving from the circulation of the vehicle despite the presence of reported failures without timely return of the same. In the event of tire punctures, the customer is required to replace the damaged tires at his own expense. The return of the vehicle with repaired tires is not allowed. In the event that damages of any kind are found on the vehicle,FM RENTAL SRLSis henceforth authorized to withdraw the amount corresponding to the amount due on the customer’s credit card (Delayed Charge Agreement) without notice. The interior of the car as well as the damage caused by vegetation are in no case covered by the damage limitation, as well as any harmful event attributable to willful misconduct or gross negligence of the Customer. Driving the vehicle on dirt roads is forbidden and in case of damage due to vegetation, the negligence of the customer will be considered and the limitation of the excess (CDW) will not apply. In the event of an accident, theft, fire or breakdown and the customer requests its replacement, FM RENTAL SRLS may avail itself of the right not to grant the replacement of the vehicle by making use of the just cause for termination of the relationship. Any expense for repair or maintenance of the vehicle must be previously authorized and invoiced to FM RENTAL SRLS to receive the refund otherwise nothing will be paid.
Art. 9. LIMITATION OF LIABILITY OF FM RENTAL SRLS
Within the limits established by law, FM RENTAL SRLS cannot be held responsible, and indeed the customer renounces for himself and for his heirs or assignees to advance any and all claims against him, for any damage suffered by the customer or third parties. as deriving from the use of the rented vehicle, or for loss or damage to property owned by the customer or third parties left in the vehicle, or for damage or inconvenience resulting from delay in delivery, breakdowns or any other cause outside the direct and exclusive control of FM RENTAL SRLS
Art. 10. TERMS OF PAYMENT

Payment can be made in cash or by credit card, and must be paid in advance. In the event that, for any reason, payment is not made in advance, it must in any case be made on the expiry date of the contract together with the return of the vehicle.

Art. 11. PENALTIES

Failure to return the vehicle keys due to loss or theft or even damage that compromises normal use will result in a penalty of € 250 for compensation. The loss, damage or theft of the vehicle’s original registration document will cost € 180 in the case of a moped and € 350 in the case of a motorcycle and car. The loss or damage or theft of the plates will cost 350 €. For non-standard washing, an extra cost will be charged starting from € 50. Abandoning the vehicle will result in a penalty of € 2000, subject to greater damage. Failure to return any accessory given in use will result in a penalty equal to the cost of the asset at the current list price.

Art. 12. SERVICES AND UTILITIES

The rental cost must be understood as inclusive of the following services and utilities: 1 homologated helmet, anti-theft system, first full tank of fuel (up to the 50cc category). For categories 125cc and over and for cars, the vehicle must be returned with the same initial level; otherwise, the driver will be charged for the missing liters plus an extra € 25.00 + VAT for the refueling service. The rental cost includes 100 km per day and 120 km for cars (unless otherwise indicated); beyond that, an amount equal to € 0.45 will be charged per Km performed.
Roadside assistance is free up to 15km from the rental location, then € 1.50 + VAT will be charged for each km traveled in addition to the € 50 + VAT service to reach the vehicle and bring it back to the collection point or mechanical workshop, also in case of failure not attributable to the customer. Any transfers from the customer in case of breakdown / collision are not guaranteed and are in any case subject to the payment of an extra fee to be agreed according to the distance. The rented car may be subject to the presence of a satellite tracker and the Customer authorizes the Lessor or other person in charge of monitoring.

Art. 13. CONTRACTUAL MODIFICATIONS AND RENEWAL

Any modification to this contract cannot take place, nor can it be proven, except by written deed, countersigned by both parties. This contract cannot be renewed except through a new written contract.

Art. 14. COMPLAINTS

Any complaint must be received in writing no later than 20 days after the end of the rental.

Art. 15. CLAUSES OF CLOSURE

Although not expressly provided for, the parties refer to the provisions of the Civil Code and the laws in force. If a provision of this rental agreement is void, such nullity does not determine the invalidity of the other provisions.

Art. 16. FORUM OF TERRITORIAL COMPETENCE

For any dispute that may arise in relation to this contract, the jurisdiction of the Court of Tempio is the one.

Art. 17. ELECTION OF DOMICILE FOR THE PURPOSES OF THIS AGREEMENT
The customer declares and self-certifies under his own responsibility that the residential address indicated in the attached documentation is correct, and that for the purposes of this contract any communication and / or notification may take place at that address, unless it is modified to be communicated in writing to customer care directly to FM RENTAL SRLS.

Art. 18. OBLIGATIONS

Anyone who signs this contract in the name and on behalf of another person and / or company will respond personally and jointly with their representative for the obligations assumed towards FM RENTAL SRLS.
In accordance with articles 1341 and 1342 C.C. the customer specifically declares to have read and approved the agreements and conditions referred to in points 1-2- 3-4-5-6-7-8-9-10-11-12-13-14-15-16 -1-18, and also declares, pursuant to and by effect of art. 1469 ff. C.C., that these aforementioned clauses have all been specifically brought to your attention, as well as having read the attached damage sheet.

Art. 19. TREATMENT OF PERSONAL DATA
The customer, having received the information on the use of his personal data pursuant to the GDPR UE / 2016/679, gives his consent so that FM RENTAL SRLS carries out the processing of common personal data and communications to subjects and for the so-called purposes . necessary indicated in the aforementioned information.