1) Maestrini Auto Srl (tne lessor) delivers the e-bike (pedal assisted bicycle, also referred to simply as a bicycle) to the Client in perfect mechanical and electronic condition and in an excellent state of maintenance. Unless otherwise indicated, the Bicycle has a fully charged battery and is equipped with: anti-theft chain or cable, helmet, combination keys, inner tubes, pump, backpack (or other suitable container) and charger. By signing the rental contract and specifically accepting these General Conditions, the Customer, taking delivery of the bicycle, declares to have verified that it is in a good state of maintenance and suitable for the agreed use and, moreover, is equipped of all the above items.
2) The Lessor informs the Customer that when picking up the bicycle, it is necessary to present an international credit card, not prepaid and made out to himself. Without a credit card in the customer’s name, the Lessor may refuse to deliver the bicycle. The Client authorizes the Lessor to block, without withdrawing, an amount on the credit card as a security deposit, as indicated in the General Conditions attached hereto. When the customer returns the bicycle without damage, the deposit will be released. The lessor’s credit card is required only as a guarantee and the Customer hereby authorizes the Lessor to charge the cost of repairing any damage caused to the bicycle during the rental period.
3) The Lessor informs and the Customer accepts that during the rental the Customer is not covered by any insurance formula, nor is the electric bicycle covered by third party liability, theft or damage insurance. The Customer is therefore required to comply with the rules of the Italian Traffic and Highway Code. The Lessor declines any form of responsibility in the event of improper use of the vehicle or failure to comply with the rules of the Traffic and Highway Code.
4) The Customer agrees to: a) drive the bicycle as a means of personal transport for tourist use and keep it together with the accessories supplied, diligently, avoiding using it for sporting and acrobatic use, and in compliance with all the provisions of the law; b) wear a helmet while using the bicycle; c) take care of the ordinary maintenance of the bicycle, such as minor technical interventions (e.g. tyre puncture), avoiding any and all repairs, modifications, alterations of colours, stickers and any identifying marks placed by the Lessor; d) provide for the payment of any contravention imposed on the rented bicycle, charges of any kind deriving from parking, during the rental period and to reimburse the Lessor for any expenses incurred; e) hold the Lessor harmless from any claim made by third parties for damages of any kind and nature; f) not to transport the bicycle on vehicles of any kind, private or public, unless previously notified to the Lessor and explicitly authorized by the same, and not to install on the same any accessory other than those supplied. The Customer acknowledges that he does not have any real right on the rented bicycle and on the accessories supplied and, therefore, that he cannot dispose of them in any way.
5) The Customer declares: a) to be in good health and not to have any contraindications, both physical and legal, for using the rented bicycle; b) to have the expertise to be able to ride the bicycle safely; c) to have received from the Lessor all the technical information for the use of the bicycle and to have understood it well;
6) The Customer undertakes not to drive or use the bicycle, and not to tolerate that it is driven or used: a) for the transport of people or things for a fee; b) by lease; c) under the influence of drugs, narcotics, alcohol or intoxicants or other substances capable of impairing the ability to understand and want; d) to participate in races, course trials and/or competitions of any kind, whether sporting or not; e) for any purpose contrary to the law; e) outside the marked road routes and crossing paths with water (e.g. streams, rivers, brooks, etc…); f) by any person who acts contrary to the laws and regulations of the State; g) if he is a person who has provided the Lessor with false information about his age, name or address. For anything not expressly provided for, the rules of the “highway code” apply.
7) The use of the bicycle is reserved for adults (18 years old or more), unless the minor is accompanied by a parent or legal guardian who assumes full responsibility for any damage caused to third parties by the minor or suffered by the minor himself. In this case the rental agreement must be signed by the parent/legal guardian and with the signing of the agreement he assumes all the responsibilities indicated in the articles of this agreement and of the Italian Civil Code and authorizes the minor (less than 18 years old) to use the bicycle under these general conditions.
8) The Customer undertakes to compensate the Lessor for any damage or theft, even if partial, thus refunding the Lessor the amounts better specified in the Special Rental Conditions attached to this contract and duly signed and accepted by the Customer.
9) In the event of an accident, the Client undertakes to: a) immediately inform the Lessor by telephone, sending him the CID filled out in detail in all its parts within the next 24 hours, or failing that, a detailed report of the facts; b) inform the nearest police authority; c) not to issue declarations of responsibility; d) take note of all the names and addresses of the parties and any witnesses including the personal details of the Insurance Companies of any means involved (company, policy number, agency); e) provide the Lessor with any other useful information; f) follow the instructions that the Lessor will provide regarding the custody and/or repair of the bicycle. Any costs of recovering people and e-bikes will be charged to the customer.
10) In the event of theft or attempted theft of the rented bicycle, the Customer undertakes to immediately report the fact to the competent Authorities (Police or Carabinieri) and to deliver the original report to the Lessor. The rental fee is due up to the date of delivery of the copy of the report, in addition to the amount of any deductible.
11) In the event of breakdown or accidental damage, the Client is required to contact the Lessor at the contact details provided.
12) The Customer undertakes to return the bicycle to the place and by the date indicated in the Special Conditions of the rental with the same accessories and in the same state in which he received it, except for normal wear and tear. If the bicycle is not returned to the Lessor by that date, the Lessor may regain physical possession of the bicycle in any way, even against the will of the Customer, and the latter will be required refund him for the expenses incurred, without prejudice to the possibility of denouncing the incident to the competent authorities.
13) The Customer undertakes to pay the Lessor the expected rate and all the extras indicated in the Special Rental Conditions for which he has requested it when signing this rental agreement, as well as the amount corresponding to any repairs or due to cause of theft, as well as the amount corresponding to the penalties indicated therein in the event of a delay in returning the bicycle, any fines received and charges of any nature deriving from parking, as well as the sums relating to any other service for which the Customer has used. In case of loss of the keys, of the bicycle accessories or for damages, the Lessor will ask the Client for the sum necessary for the original restoration of the bicycle, on the basis of what is indicated in this contract or, in the absence of the price list provided by the manufacturer, and of the preventive. The Customer who uses a credit card for the payment of the fees accepts that all the aforementioned debits are made to his account.
14) Whoever stipulates the lease in the name or on behalf of a third party is jointly liable with the third party for the execution of the obligations of this rental agreement. In any case, the Customer is liable for the actions and omissions of anyone riding the bicycle.
15) The Lessor is not liable to the Customer, the driver or members of their respective families for damages of any nature and species, including economic damage, suffered by them to people or property as a result of breakdowns or malfunctions of the bicycle or road accidents. In any case, the Lessor cannot be held responsible for any type of damage occurring as a result of thefts, riots, fires, earthquakes, wars or other causes of force majeure. The Customer is responsible for damage caused to himself, to the bicycle and to third parties and to property during the use and custody of the bicycle and until it is returned to the Lessor. No form of compensation may be requested from the Lessor.
16) No modification can be made to these general conditions without the consent of a Lessor’s representative provided with a suitable written power of attorney. The Special Rental Conditions which are attached and which are expressly approved by the Customer upon signing, form an integral and substantial part of this contract.
17) The Client consents to the processing of his personal data for the execution of this rental agreement as well as to the diffusion of the data among the rental companies for the sole purpose of protecting the legitimate interests of the Lessor, including the marketing of the rental services and the control of credit. I n the event of breach of contract, personal data may be disclosed or transmitted to third parties for the sole purpose of allowing credit recovery.
18) The rental relationship referred to in this Contract and any other dependent and consequent relationship are governed by Italian law. For any dispute deriving from the relationships governed by this contract, without prejudice to the provisions of article 33, paragraph 2, letter u, of the Consumer Code (Legislative Decree 206/2005), i.e. the Court where the Consumer, the Court of Florence has exclusive jurisdiction.
DELIVERY AND WITHDRAWAL. Standard delivery costs 30 euros each way, up to 2 e-bikes + 15 euros for each additional e-bike, for a journey within 10 km and during working hours. Any customized deliveries will be quoted ad hoc. Upon delivery and redelivery, the Customer who signed up for the rental must always be present.
PENALTIES. For each day of delay, a surcharge of 80 euros may be applied with a minimum split of half a working day (equal to 4 hours). In case of an appointment, a surcharge of 15 euros may be applied for each hour of delay.
INDEMNITIES. The customer is informed that in the event of theft, loss or damage to the e-bike and/or the equipment supplied, he will be required to bear the costs of restoring it, including any manpower hours: Hourly labor cost: 30 euro / hour / man E-bike or battery and/or battery charger: standard supplier’s price list. Standard equipment: helmet: 60 euros, pump 20 euros, padlock 30 euros, tool set: 30 euros, keys: 20 euros, front or rear led light: 35 euros each. Optional accessories: Bag 50 euros, smartphone or map holder attachments: 30 euros each, child seat, trolleys for carrying children, things or animals: supplier’s price list.1 and 2
1 Note: by suppliers’ price list we mean those official to the public applied on the Italian market and commercially in force at the time of signing the rental without considering promotions or special discounts in progress.
2 Note: transport of things 25 kg max, animals 20 kg max, children in front seat from 9 months to 4 years and up to 15 kg max, children in rear trolley up to 8 years and 25 kg max.
Last Updated: Feb 17, 2023
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