General terms and conditions of rental Emmecierre S.R.L.

  1. SCOPE OF THE CONTRACT
    1. These general rental conditions (the “General Terms and Conditions of Rental“) are an integral part of the contract signed between EMMECIERRE S.r.l., with registered office in Turin, TO, Via Don Minzoni 14,Italy,Tax Code and VAT number 12165860011 (the “Company“), operating under the trademark “Adventourer”, and the customer identified from time to time (respectively, the “Rental Agreement” and the “Customer”) for the use of vehicles owned by the Company (“Vehicles”, below) in conformity with the provisions of these General Terms and Conditions of Rental. EMMECIERRE S.r.l. and the Customer are referenced together as the “ Parties“.
    2. The Company – by signing special agreements to this effect during the course of its activities – makes Vehicles available to selected local tourist-sports operators (the ” Partners “), to permit the latter to use them for their own activities, and, specifically, for the tourist and/or sports activities that each Partner offers and agrees with each Customer.
    3. The Customer acknowledges that the Rental Agreement falls within the wider contractual arrangement that the Customer has entered into with the Partner, also through the collaboration of tour operators (” Tour Operators “).
    4. Subject to the provisions of paras. 1.2 and 1.3 above, the Customer acknowledges and accepts that the Company is an extraneous entity different from the Partner and from the Tour Operators and it is not involved in or responsible for organising and/or providing Activities offered by them to Customers, even if these Activities are advertised on the Company’s website (the ” Website “) or in hard copy form, with the exception of the rental of Vehicles. Accordingly, the Customer hereby waives any claims against the Company for Activities organised and provided by Partners and Tour Operators.
    5. The Customer shall observe the Company’s identification and qualification formalities, including through the Partner, providing a valid identity document where requested, so that a copy can be made thereof. Each Customer undertakes not to provide false information in relation to his or her personal particulars, age, address of residence or habitual residence, telephone number and e-mail address, and also in relation to whether or not he/she meets all the legal requirements that are a precondition to being authorised to ride Vehicles.
    6. Each Customer must, when receiving a Vehicle pursuant to Article 4.1 below, be at least 18 years of age and be in possession of a valid driving licence from an EU/EFTA country that qualifies the holder to ride the type of Vehicle rented, which should be presented in order for a copy to be made. Renters who reside in a non- EU country must have a driving licence from their home country as well as a driving licence valid for international use, or one that is translated by an embassy or equivalent authority, and that can be read in the roman alphabet.
    7. Vehicle bookings are accepted only on the basis of the category of Vehicle to which the Customer-preferred vehicle belongs; preferences of models are subject to availability and cannot be guaranteed at the time of booking.
    8. If a Vehicle booked proves to be unavailable, the Company reserves the right to replace it with another Vehicle from the same or from a higher category; if the latter is unavailable, a lower category Vehicle will be provided instead, subject to a recalculated rate. If no Vehicle is available or if a Customer refuses to accept a Vehicle that is not from the category booked, the Company’s sole responsibility will be to refund any amount paid in relation to the rental of the Vehicle.
    9. The Customer declares that he/she is an expert rider for the type of Vehicle covered by the Rental Agreement and, consequently, undertakes to use it diligently pursuant to Article 1176(2) of the Italian Civil Code, and with due care and skill.
  2. DELIVERY OF THE VEHICLE
    1. The Company undertakes to deliver to the Customer, through the Partner, the Vehicle identified in the Rental Agreement, on the day and at the time and place agreed in the Rental Agreement.
    2. The Company assumes no obligation to deliver the Vehicle with a full tank of fuel: the Partner may agree specific conditions with the Customer regarding the refuelling of the Vehicle and its fuel status upon return.
    3. The Vehicle must be used with a helmet and suitable safety clothing. The Company does not provide these accessories, therefore the Customer must have them with him/her, alternatively they can be requested from the Partner according to terms and conditions indicated by the Partner.
    4. The Customer is obliged to check the condition of the Vehicle together with the Partner, by taking a video recording thereof or by completing the forms provided by the Company, and shall promptly report any damage and discrepancies visible on the Vehicle exterior and interior. Note, however, that the Customer acknowledges having received the Vehicle in perfect condition if he/she does not – when taking delivery of the Vehicle – report any damage and discrepancies visible in the Vehicle exterior and interior.
    5. If the Customer fails to collect the Vehicle by the end of the day agreed for collection, the rental agreement shall be automatically terminated and the Partner will be entitled to keep the entire amount paid, as a penalty, without prejudice to its entitlement to seek compensation for any further loss incurred, but without prejudice to the obligation to return the deposit paid. The failure to collect a Vehicle shall not constitute an exercise of the right of withdrawal pursuant to Article 8 below.
  3. USE OF THE VEHICLE AND THE CUSTOMER’S OBLIGATIONS
    1. The Customer undertakes (i) to use Vehicles exclusively for Activities agreed with the Partner and also with the Partner present in an accompanying capacity; (ii) to use Vehicles in accordance with the conditions of use communicated by the Partner upon the delivery of Vehicles and while they are being used; (iii) not to use Vehicles for activities other than those agreed with the Partner; (iv) to strictly comply and not to act in conflict with regulatory provisions applicable to the riding of the Vehicle; (v) to use Vehicles with diligence pursuant to Article 1176(2) of the Italian Civil Code and with care and skill; (vi) not to use Vehicles improperly and/or tamper with or alter or modify them and/or make interventions to them; (vii) not to tamper with or damage instrumentation that is used to detect/record vehicle use data; (viii) not to use Vehicles if they are damaged or not fully functional or liable (even potentially) to cause damage to persons or property, or if their continued use could aggravate their damage or poor condition, and to immediately notify the Partner if a Vehicle is damaged or malfunctioning in any way; (iv) during temporary stops, not to position Vehicles in places and/or in a manner that – whether immobile or otherwise – cause them to be a source of hazard to persons or property and render them vulnerable to damage.
  4. CONTRACT DURATION
    1. The Customer acknowledges that the rental period commences at the date and time when the Vehicle is delivered by the Company, through the Partner, and ends at the date and time when it is returned to the Company, through the Partner; the Parties agree that if the Vehicle is returned on a date earlier than that indicated in the rental agreement, the Customer shall not be entitled to be refunded the amount paid for unused days, which the Company will be entitled to keep by way of penalty, without prejudice to its entitlement to seek compensation for any further loss incurred.
  5. RETURN OF THE VEHICLE
    1. The Customer shall return the Vehicle to the Company, through the Partner, on the day and at the time indicated in the rental agreement.
    2. If the Customer does not return the Vehicle by the deadlines indicated in Article 5.1 above or keeps the Vehicle after these deadlines, or prevents or makes it more onerous for the Company to retrieve the Vehicle, the Customer shall be required to pay, as a penalty for this delay, three times the daily rental price agreed for each day of delay, without prejudice to the Company’s entitlement to seek compensation for any further loss incurred.
    1. Upon the Vehicle’s return, the Customer will also be obliged to check the condition of the Vehicle together with the Partner, by taking a video recording thereof or by completing the forms provided by the Company, and shall promptly report any damage and discrepancies visible on the Vehicle exterior and interior. If this is not done, the Customer hereby acknowledges that the Partner’s checks and assessments effected are correct and valid and, accordingly, undertakes to pay compensation for any loss caused to the Vehicle and to pay it to the Company, which will charge the Customer the entire cost of the requisite repairs to the Vehicle, applying the rates indicated in the price list available at the link https://adventourer.it/en/prices-list which the Customer hereby acknowledges and accepts. The Customer undertakes to pay the aforesaid sums to the Company, and hereby authorises the debiting of the credit card used to pay the amount referenced in Article 6.1 below and/or the withholding of the deposit referenced in Article 6.2 below, and the Customer hereby specifically waives and renounces future claims and/or objections in this regard.
    2. If the Vehicle, at the end of the Lease, is lost or totally or substantially destroyed, the Company shall charge the Customer the entire cost of the Vehicle, as indicated in the price list available at the link https://adventourer.it/en/prices-list which the Customer hereby declares to know and accept. The Customer undertakes to pay the aforesaid sums to the Company, and hereby authorises the debiting of the credit card used to pay the amount referenced in Article 6.1 below and/or the withholding of the deposit referenced in Article 6.2 below, and the Customer hereby specifically waives and renounces future claims and/or objections in this regard.
    3. In the event of loss, theft, loss or destruction of the Vehicle making it impossible to return it to the Company at the agreed date, the Contract shall be deemed to be terminated at the agreed Vehicle return time, pursuant to the Rental Agreement, without prejudice to the provisions of paragraph 5.4 above.
  2. FEES DUE TO THE COMPANY
    1. The fees agreed for the rental of the Vehicle, and for any ancillary services that may be specifically agreed, shall be paid in full to the Company in advance, upon the signing of the Rental Agreement.
    2. The Customer also undertakes to pay the Company, together with the sum indicated in the preceding paragraph, a security deposit of Euro 200,00 to be paid within 3 days from the vehicle rental start date by bank transfer or credit card pre-authorization, which the Company may withhold (in whole or in part) if the Customer should fail to comply with its obligations, without prejudice to the application of Articles 5.3, 5.4 and 5.5.
    3. After the Vehicle is returned, the Customer undertakes to pay the Company: a) a sum corresponding to all fines and/or penalties received, motorway tolls and parking tickets not paid during the rental period, plus a figure of Euro 50,00 for administrative management expenses and b) any penalty payments under the Rental Agreement and/or under these General Conditions. The Customer undertakes to pay the aforesaid sums to the Company, and hereby authorises the debiting of the credit card used to pay the amount referenced in Article 6.1 above and/or the withholding of the deposit referenced in Article 6.2 above, and the Customer hereby specifically waives and renounces future claims and/or objections in this regard.
    4. In any case, without prejudice to the provisions of these General Terms and Conditions of Rental, the Customer undertakes to pay the Company any sum payable to the Company for: delays in returning the Vehicle, loss or damage found, insurance deductibles, penalties and any necessary expenses incurred after the Vehicle is returned (e.g. for the management and renotification of fines, motorway tolls, management expenses for claims and/or damage to the Vehicle, etc.), and for this purpose hereby authorises the debiting of the credit card used to pay the amount referenced in Article 6.1 above and/or the withholding of the deposit referenced in Article 6.2 above, and the Customer hereby specifically waives and renounces future claims and/or objections in this regard. The Company is entitled to request the Customer for a deposit other than through a credit card, or to supplement that deposit with another guarantee.
  3. INSURANCE
    1. The Company guarantees that the Vehicle is insured against third party liability risk.
    2. The Parties agree that the Company and/or the insurance company shall not be liable for any loss, damage or injury to the Customer and/or the Vehicle nor for any loss caused as a result of wilful intent or gross negligence, for which the Customer alone shall remain fully liable.
  4. TERMINATION CLAUSE AND WITHDRAWAL
    1. The Company may, pursuant to Article 1456 of the Italian Civil Code, terminate the Rental Agreement in the event of breach of the obligations pursuant to Articles 5 (” Return of the Vehicle “) and 6 (” Fees due to the Company “) and of the obligations pursuant to Articles 1.5, 3 and 4, without prejudice to its right to seek compensation for any further loss incurred.
    2. The Customer shall be entitled to withdraw from the contract without being liable to pay any monetary penalty, by and no later than 14 days from the contract signing, provided that the rental period has not yet commenced pursuant to Article 4 above. In this event, the Company undertakes to return the amount paid by the Customer within the following 14 days at most.
    3. Once the deadline referenced in Article 8.2. has expired, and provided that the rental period has not yet commenced pursuant to Article 4 above, the Customer shall be entitled to withdraw from the contract: in this event, the Company shall retain, as a penalty, a sum equal to 30% of the fee paid, without prejudice to its entitlement to seek compensation for any further loss incurred, returning the remaining amount within the following 14 days at most, together with the deposit paid.
  5. LIABILITY, EXONERATION AND WAIVER, FORCE MAJEURE
    1. Subject to the limits and prohibitions dictated by mandatory legal rules, the Customer exonerates the Company from any liability for injury, loss or damage to persons or property attributable to a use of the Vehicle other than in conformity with the provisions of the Rental Agreement.
    2. Subject to the limits and prohibitions dictated by mandatory legal rules, the Customer shall indemnify the Company against any cost, expense, burden, loss, detriment, responsibility, adverse effect or other liability of any kind, direct and/or indirect, potential and/or actual, including (without limitation) reasonable professional fees, which the Company may incur as a consequence of injury, loss or damage caused to persons or property by a use of the Vehicle that is inconsistent or non-compliant with the provisions of the Rental Agreement and/or of applicable laws, technical standards and good practices.
    3. Subject to the limits and prohibitions dictated by mandatory legal rules, the Customer waives – in relation to the Company – any future actions (for termination, for reduced fees, for compensation for loss or for liability) based on existing Vehicle malfunctions or defects which the Customer fails to promptly notify to the Company in good time as adverted to, thereby hindering the latter from taking the appropriate action.
    4. The Parties shall not be held liable for any delayed compliance and/or non-compliance where caused by an event outside their control that makes contract fulfilment temporarily or permanently impossible or excessively onerous (” Force Majeure Event “).
    5. The Parties understand “Force Majeure Events” within the meaning of this Article to include the following (without limitation): natural disasters, fires, floods, wars (declared or otherwise), civil insurrections, riots, embargoes, sabotage, labour disputes, strikes, acts of god, delays and impossibility attributable to the Company’s suppliers. The Parties acknowledge that the present Contract was signed after the outbreak of the Covid19 pandemic, whose prevalence shall not constitute a Force Majeure Event. On the other hand, legislative measures (local, national or international) which substantially and de facto impede the rental activities covered by the Rental Agreement shall constitute Force Majeure Events. For the entire period during which the Force Majeure Event or its effects persist, the Company shall not be considered liable for its non-compliance and, accordingly, the Customer shall not be entitled to claim compensation for loss and/or to terminate the Rental Agreement, as these obligations will have to be complied with when the Force Majeure Event has ended, subject to the provisions of Article 9.7. .
    6. The Party that suffers the consequences of a Force Majeure Event shall notify the other Party of the Force Majeure Event and its effects, and of how it impacts upon its ability to fulfil its obligations and/or those arising from the Contract. In this event, the Parties will meet to agree in good faith the necessary steps that should be taken to eliminate or reduce the adverse effects of such event.
    7. The Parties specifically agree that if the Force Majeure Event should continue for more than 1 month, each Party shall be entitled, at its discretion, to terminate the Contract by giving due notice to the other Party to this effect, without this entitling either party to seek compensation for loss and/or reimbursement of costs and without either Party being liable in law.
  6. ASSIGNMENT
    1. The Customer agrees in advance and hereby accepts that the Company may assign the Rental Agreement to a third party.
  7. PERSONAL DATA PROCESSING
    1. Each Party acknowledges that it may access the other Party’s personal data based on the requirements of the legal relationship arising from the Contract. Pursuant to the provisions of EU Regulation 679/2016 (hereinafter the ” Regulation “) and Legislative Decree 196/2003 (” Personal Data Privacy Code “) the Customer declares to have received from the Company the privacy notice on the personal data processing operations that may be carried out while the services are ongoing, which can be consulted at the link https://adventourer.it/en/privacy-policy/ . Pursuant to the Personal Data Privacy Code, such data processing shall respect the principles of correctness, lawfulness and transparency.
    2. The Company declares that, when implementing the activities referenced in the Rental Agreement, it will act, to the extent of its competence, in compliance with the Regulation and with the Personal Data Privacy Code, and also observe applicable provisions of personal data protection law and comply with the official provisions and measures of the Italian data protection oversight body (” Data Protection Authority “). The Parties also guarantee, for themselves and for their employees, collaborators and/or anyone else authorised to process personal data on behalf of the Customer, that any personal data collected and transmitted to the Company during the implementation of the Rental Agreement shall be processed in strict compliance with applicable regulatory requirements as identified above, in accordance with the principles of transparency, lawfulness, proportionality and necessity provided for by the Regulation and by the Personal Data Privacy Code, and by adopting adequate data security measures which are provided for by the Regulation and any other applicable rules. The Company guarantees that it will use exclusively lawful procedures when utilising any Customer data transmitted, and it hereby undertakes to indemnify the Customer against any liability and/or loss, including legal fees, awarded against the Customer as a result of unlawful or incorrect personal data processing operations attributable to the Company’s organisation.
    3. The Company makes available to the Customer an interactive programme for the monitoring of Vehicles driven, whose purpose is to improve the driver’s riding style and to proactively promote its commitment to safe driving and thus contribute to reducing road accidents and fatalities. For this purpose, the Customer specifically consents to the recording and processing of the following information: Vehicle position during use, route taken, speed, riding style.
  8. GOVERNING LAW AND COURT OF EXCLUSIVE JURISDICTION.
    1. This agreement shall be governed by Italian law.
    2. Any dispute related to the legal relationship referenced in the contractual documentation shall be referred to the exclusive jurisdiction of the Court of Turin.
  9. TRANSLATION
    1. If any doubts or differences in interpretation should arise, the Italian language version shall prevail over the English or foreign language version, as it is the Italian version which reflects the Parties’ contractual intent. The English or other language version, which may be consulted and provided at the Customer’s request, merely constitutes a literal translation.
    2. By signing the Rental Agreement, the Customer declares that he/she has read and received any necessary explanations requested and, accordingly, that he/she is fully familiar with and accepts these general terms and conditions of rental.
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