1. ENTRUSTMENT OF THE MOTOR VEHICLE
The motorbike is delivered to the customer, who is provided with the standard equipment and circulation documents, of which he becomes the guardian for all intent and purpose.

The driver of the rented motorcycle subject to this contract is allowed only for an adult (at least 18 years old), in case of mopeds, only with the required driving license A or B depending on the rented motorcycle. The motorcycle is entrusted to the customer assuming that the same makes use of it driving it personally. The customer assumes all risks and responsibility if a third party drives the rented vehicle.

2. USING THE MOTORCYCLE
The customer is permitted to travel only and exclusively in Italy.
It is the customer 's responsibility to ensure the vehicle is used properly and maintained regularly.
In case of need of roadside assistance, the customer can call the toll-free number given during the delivery.
The customer agrees to indemnity, within the law, Motorando srl from any claim arising from the use of the rented motorcycle.
The customer must refund Motorando srl the payment of any penalties or traffic offences issued during the rental period.
The customer Is obliged to inform Motorando srl about any report notified by the official authority.
In the event of no timely communication, the customer will be responsible for any cost or damage caused directly or indirectly to the Motorando srl.
In case of penalties and misdemeanors notified to the Motorando srl after the motorcycle 's delivery, if the customer cannot be found, Motorando srl is authorized to withdraw from the customer’s credit card the due amount without any forewarning.

3. TERMS OF USE
The customer agrees not to be the owner of any right on the rented vehicle and on the supplied accessories. Particularly it is strictly forbidden to sublease the rented vehicle to third parties. Furthermore, the custom is not permitted to use or allow the motorcycle to be used :

• for the transport of person or goods for commercial purposes
• to transport or push vehicles, trailers or other items
• in races or competitions on motorcycle’s track.
• while intoxicated with alcohol, drugs or any substance that could affect the state of vigilance and awareness, and that could pose a significant threat to public safety.

The located motorcycle cannot be drived by other people except the tenant, or third parties directly, in written form, authorized by the Motorando srl.

• The rented motor vehicle is not allowed to be used in areas that are prohibited, areas that allow access to port areas, and airports with limited traffic.
• The motorcycle cannot be used by a person who has provided the Motorando srl fake information about their personal identity or age.

The motor vehicle cannot be used for any purposes against the law.

Furthermore the custom assumes the obligation to:

• Drive personally the motorcycle and take good care of it and the equipped accessorizes in accordance to the law.
• ensure the functioning and safety of the motor vehicle during the rental period.
• indemnify the Motorando srl from any claims by third parties for damages to goods transported on the rented motorcycle

4. CURRENT HIGHWAY CODE'S RULES
The customer agrees to know the current highway code's rules. In any case, " ad abundantiam ", the Motorando srl informs the customer about the main rules, particularly about helmet legislation, on speed limits and the consequences of non compliance ( unless the fact does not constitute a more serious crime)

5. MOTOR VEHICLE'S INSURANCE POLICY
The Motorando srl provides the customer a Copy of the insurance Policy so the customer agrees to know, accept and comply with the insurance Policy conditions. The rented motorcycle is covered by liability insurance with a maximum of 7.750.000,00, which covers damages caused to third parties. Fire, theft and Kasko Insurance, can be on request, with a deductible equal to 20% with a minimum of 900,00 euro. If the customers experiences any of the listed events, will be responsible for the deductible reported in the insurance policy / contract . In case of theft or fire, (partial or total) the customer Is obliged to immediately notify the authority, and to deliver the original report of the incident to the Motorando SRL within the 24 hours since the event took place The rental fee established in this contract is applicable also for the days of non-use of the vehicle due to theft or fire. The theft insurance coverage void in case of failure to return the keys in such case the customer will be fully responsible to refund back the value of the motor vehicle according to the market value.

6. CLAIMS
If the event of any incident, the customer is obliged to report immediately by phone the fact to the Motorando srl. The Customer should notify the responsible authority, and if necessary, should also file the complaint to the same authority. It is the customer’s responsibility to obtain the personal data related to the witnesses and to the other vehicles involved in the incident, or to obtain all necessary information to define the liability of the incident that occurred. Moreover, the Customer is obliged to send to the Motorando, within 24 hours from the occurred incident, a detailed and completed Incident report (CID), including the vehicle documentation. The customer agrees to cooperate with the Motorando SRL, the lawyers, and the insurance company in any investigation and / or court proceeding/ hearing.

7. RETURN OF THE VEHICLE
Data and time of return of the vehicle have been agreed before starting the rental, thereby the customer agrees to comply with the established requirements. Any change must be previously agreed in written form with the Motorando srl. A rental day is considered as 24 hours, with a leeway of 59 minutes (excluding the closing hours of Motorando of which the customer declares to be aware). After this period, it will be charged one more rental day, as fractions and intermediate periods are considered as a full day. The motor vehicle must be return during the Motorando 's opening hours and in the hand of a person in charge. In case of return of the vehicle outside Motorando opening hours, it will be charged a penalty of 15% of the total rental amount.

8. LIABILITY FOR DAMAGES CAUSED BY THE CUSTOMER
The customer undertakes to return the rented motor vehicle and its accessorizes in the same condition as at the delivery. Therefore undertakes to reinstate any shortfalls and to pay back for any possible damages, except for normal wear and tear. The customer undertakes to refund the Motorando for damages resulting from refueling errors (using a different fuel ) and in case of damages caused by improper modifications or repairs carried out by the customer or in any case without a written authorization, as well as the use of the motor vehicle despite the reporting by the equipment of anomalies or errors. It is not allowed to return the motor vehicle with repaired tires, in such a case it will be charged the necessary amount for changing the tire with an equivalent or the same.

If the vehicle is in any way damaged, the customer authorizes the Motorando srl right now to withdraw without notice, the amount due on the customer’s credit card.

9. Liability limits of the Motorando srl
Within the limits provided by the law, the Motorando srl shall not be liable , and the customer waives to advance any pretence for their self, for their heirs or any successors in the following cases:

• For any damages caused by the customer or third parties resulting from the use of the rented motorcycle;
• for damages or inconveniences resulting from delay in the delivery;

For any other cause beyond the control of Motorando srl

10. TERMS OF PAYMENT
Payment can be cash as well as by credit card ( VISA, MASTERARD , NO AMERICAN EXPRESS) , and must be all in advance. In case that Motorando agrees to the payment at a next stage, this must take place at the return of the motor vehicle.

The customer upon signing the contract must pay a deposit of €700,00 (seven hundred euro) cash or by credit card only Visa and Mastercard with embossed data, no VISA ELECTRON, V PAY AND MAESTRO), or by check payable to Motorando srl. At the return of the Motor vehicle if no damages will be reported, the deposit will be refunded. The Motorando srl reserves the right to charge the customer’s credit card within 90 days in these cases:

for any damages not noted at the refund,

for fines and penalties, unpaid motorway tolls received by the Motorando srl after the return of the motorcycle. The Motorando srl agrees to send a copy of the penalties or fines to the customer’s address, included the copy of the payment made by the Motorando srl and any eventually quotation and or invoices for damages found.

11. PENALTIES
Failure to return the keys, even if for loss or theft implies penalty for damages of euro 200,00 (two hundreds).

Failure to return the original VEHICLE REGISTRATION (LIBRETTO DI CIRCOLAZIONE), even if for loss or theft obliges the customer to pay the total cost for re-registration of the motor vehicle ( from €180.00 for mopeds to €350.00 for motorcycle.

The failure to return the motor vehicle on the date and time agreed in this contract obliges the customer to pay a penalty for each day or part of the day equal to the sum of the daily rental + 15% during the first week, and then + 25% until the return of the motor vehicle to the Motorando srl.

The Motorando srl will contact the Public safety Authority in case of delay in the return of the motor vehicle, if it will be unable to contact the customer by phone or at the temporary address written in this agreement.

12. SERVICES AND UTILITIES
The rental cost includes the following services and utilities: one approved helmet. It’s also possible to rent one more helmet at a charge of €7.00 (seven euro) a day. The motor vehicle comes with a full fuel tank, and must be return with the same amount of fuel, otherwise it will be charged the customer the missing liters, plus €5,00 ( five euro) for fuel service.

13. AGREEMENT’S MODIFICATION
No amendment to this contract cannot take place, and be approved, except by a written act countersigned by both parties.

14. CONTRACT RENEWAL
This contract cannot be renewed except with a new written contract countersigned by both parties.

15. TERMINATION CLAUSES
What is not expressly included in this contract the parties refer to the Civil Code and to the laws in force. If a provision of this agreement will be considered null and void, this shall not affect the other conditions.

16. COURT OF TERRITORIAL JURISDICTION
For any dispute that may arise relating this contract, the competent court is in Lucca.

17. DECLARATION OF TEMPORARY ADDRESSES
he customer declares under their own responsibility that the reported address written in the attached documentation is right, therefore for the purpose of this contract, any communication may take place at this address. Any changes must be written communicated to the Motorando srl

18. OBLIGATIONS
Who signs this contract in the name and on behalf of another person and/or company, will answer personally with his representative of the obligations assumed against the Motorando srl. The original of this contract composed of 4 pages (four) signed by the Motorando srl and by the customer, it will be conserved by the legal office, and a photocopy will be delivered to the customer with the rented vehicle. In accordance with the articles 1341 and 1342of the Civil Code, the customer specifically declares that he has read and approved the agreements and conditions in articles 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18 contained in this contract. The customer also declares pursuant to Article 1469 ss. of the Italian Civil Code, that al clauses have been specifically brought to his attention.

Pursuant to article D.Lgs 30th June 2023 n°196 we inform the customer that the data responsible and controller is the company Motorando srl, represented in the person of his legal representative and it is possible ask for information, changes, or ask for cancellation of these data, within the limits defined by the law of Public Security, writing directly to Motorando srl with office in Lido di Camaiore (LU) SS1,41. The customer specifically declares to authorize the processing of their personal data, including the communication and dissemination to third parties exclusively for purposes related to the Motorando’s activities. This authorization is valid for all data processed, until the revocation of the customer.