Terms and conditions

Emotion Project srl with registered office in Bergamo (BG), via Vittore Ghislandi 24/A and VAT number 04271060164, hereinafter referred to as the “Lessor” grants the rental to the lessee (“Customer”), the vehicle (“Vehicle”) indicated on the front of this rental agreement for the agreed period.

1. REQUIREMENTS

The Vehicle may be driven by the Customer or, if indicated on the front of this rental agreement, by a “second guide” provided they are over 18 years of age and have been in possession of a regular driving license for at least 12 months suitable for the vehicle category object of the contract that entitles you to drive the vehicle. The Vehicle may not be driven by other people without prior written authorization from the Lessor. Therefore, the Customer assumes all risk and responsibility in the event of entrusting the driving of the vehicle to third parties and also for the other effects of article 116, paragraph XII of the Highway Code relating to the entrustment to a person without a driving license.

Documents required for the rental: valid driving license, identity card or passport, fiscal code, credit card or cash for a security deposit.

2. VERIFICATION AND CUSTOMER’S OBLIGATION

The Vehicle is entrusted to the Customer with a full tank of fuel, supplied with standard equipment, accessories and circulation documents of which the Customer becomes the custodian in all respects. The Vehicle is delivered in excellent storage and functioning conditions, without defects and the Customer, by signing the same, declares to have viewed it, to have verified its excellent conditions and to consider it suitable for use. With this agreement, only the detention of the Vehicle is transferred to the Customer, the possession of the same remaining in the full availability of the Lessor. The Customer acknowledges that he is not the owner of any real right on the rented vehicle and on the accessories supplied and, therefore, that he cannot dispose of them in any way.

The Customer undertakes to use the Vehicle with the diligence of a “good father of a family” and in particular undertakes to take care of ordinary maintenance, not to drive it on bad roads, not to transport dangerous and/or illegal goods, not to use it in such a way as to render the insurance policies invalid, ineffective or unenforceable, not to transport passengers against expressly or tacitly agreed compensation, not to tow other vehicles, not to drive them in a state of intoxication or under the influence of drugs, not to participate in sports competitions, not to transfer it to others, not to sub-lease it, not to grant it as a pledge or guarantee, not to use it other than for the use for which it was intended. The Customer will not be able to drive in non-EU states and where the green card is not valid. The Customer will consequently be responsible for any infraction committed and connected to the circulation of the Vehicle in violation of the Highway Code, undertaking to pay the related fines directly at the time of the dispute. In case of non-compliance, for all the fines that can be reconciled, and not reconciled, the Lessor, in addition to any additional charges, will apply a penalty of € 50 + VAT to the customer. The Client undertakes, upon simple request from the Lessor, to reimburse management expenses. The costs relating to transport in the amount of €2/km for the recovery of the Vehicle are also charged to the Customer. The Customer will be required to pay full compensation for the stolen vehicle if he does not return the keys to the vehicle or if the theft occurred due to manifest negligence on his part.

3. CUSTOMER COMMITMENTS

The Renter undertakes not to provide false information about his personal details, age, address and driving requirements, expressly exempting the Lessor from any prejudicial consequence that may arise in the event of false declarations. The Client must hold a valid driving license to enable him to drive the rented vehicle, as he is not subject to legal restrictions or provisions of judicial or administrative authorities.

The Customer also undertakes to pay the Lessor the rate, plus VAT, indicated on the front and to return the vehicle to the place and on the scheduled date indicated in this rental letter in the same conditions in which it was delivered, except for normal compatible deterioration with time and mileage travelled. The Customer will also pay all sums due for ancillary costs such as optional insurance, if expressly accepted (initials in the appropriate box on the front of this rental agreement), fuel, extra km not included and other ancillary charges. If the Customer uses a financial credit card, he authorizes, as of now, the relative debit to his account also with regard to applications of the penalties/deductibles provided for in the contract, unpaid fines and administrative sanctions, damage to the vehicle or to third parties, in the contractually stipulated limits.

4. LIMITATIONS OF LESSOR’S LIABILITY

The Lessor will not be responsible for any damages of any kind to the Customer or other subjects, suffered by them in person or things and animals, including economic damage due to non-delivery of the Vehicle, damage from a ruined holiday, its breakdown or malfunction , accidents, thefts, riots, wars, natural events, causes of force majeure and unforeseeable circumstances. Any objects left on board the returned vehicle are considered abandoned. Within the limits established by law, the Lessor cannot be held responsible, and the Client waives for himself and his heirs or assigns to advance any and all claims against the Lessor for any damage suffered by the Client or third parties as deriving from the ‘use of the rented vehicle, or for loss or damage to property of the client or third parties left in or on the vehicle.

5. DELIVERY AND RETURN

The Vehicles are delivered to the rental station indicated in this contract, at 24/A Vittore Ghislandi Street. The Vehicle must be returned during the opening hours of the Lessor’s offices. In the event of return after hours, which is possible as long as it is authorized in advance, the rental will be considered closed when the offices reopen. In the event of a delay in delivery of more than 30 minutes, the Customer will be required to pay a penalty (see article 11). The vehicle must be returned equipped with all the accessories, keys and documents existing upon delivery by the Customer. Otherwise, the Customer undertakes to pay a penalty (see article 11). If the Customer wishes to change the terms of the return (date and time) he must obtain the prior consent of the Lessor by making a request to the latter. If the Client fails to return the Vehicle within the stipulated times and places, the Lessor may reacquire material possession of the Vehicle in any way, even against the Client’s will, and the latter will be required to reimburse the expenses incurred.

6. PAYMENTS AND REFUNDS

Payments must be made directly on the website using a debit/credit card.

It is possible to cancel the rental only by sending an email to info@motoramarent.it.

The customer has the right to a refund of the amount paid for the share of the

– 100% if the cancellation takes place within midnight of the 7 days from the date of collection of the vehicle.

(Example: vehicle pick-up booked for May 24th in order to receive a full refund, cancellation must be requested by midnight on May 17th.)

– 60% if the cancellation takes place 6 days out of 48 hours prior to picking up the vehicle.

– For all other cases, the right to a refund is lost

7. SECURITY DEPOSIT

The security deposit is equal to €1000 to be paid in cash or by credit card on the day of collection of the vehicle. It is understood that said deposit is returned at the end of the rental period and after the vehicle has been inspected and compliance with the general and specific terms and conditions of the agreement has been verified.

The security deposit can be freely withheld for the cases specified above also from the financial credit card contractually indicated in the name of the same Customer.

8. INSURANCE COVERAGE

The vehicle is insured by RCA under the law which covers damage caused to third parties with the exception of the driver. The policy is available for viewing at the lessor’s office and a copy of the policy is present inside the vehicle and the customer declares to have read it. With the acceptance of the RCA policy, the Customer benefits from the insurance coverage, within the limits of the ceilings, with the overdrafts, deductibles and exclusions provided for in the policy.

KASCO insurance is not included in the price but can be requested.

The Customer is responsible for both damage, fire and theft of the Vehicle and will be required to pay in full equal to the commercial value of the Vehicle. The Lessee will charge further sums as compensation up to the amount of the Economic Liability indicated in this contract.

Any optional insurance coverage will be operational on condition that the Customer has initialed the appropriate box on the front of this rental agreement and has paid the Lessor the additional daily fee set out in the rate displayed in the Lessor’s offices and in this contract. In case one of the above cases occurs, the Lessee will charge the amount of € 50 (+ VAT) for the administrative management of the file.

The damage suffered is the responsibility of the Customer in the event of willful misconduct or gross negligence, improper use of the vehicle, driving while intoxicated and/or under the influence of drugs. Also in the event that the Customer does not return the keys to the Lessor, and in cases in which the insurance company does not fully compensate the damage.

9. CLAIMS

In the event of an accident, the Renter undertakes to inform the Lessor immediately, to send a regular report within 24 hours with a complete description (CID compilation) of the fact with names and addresses of the persons involved and witnesses, to have the report drawn up by the police , not to issue declarations of responsibility, to follow the Lessor’s instructions for the repair or custody of the Vehicle and in any case not to leave the Vehicle unattended without having ensured adequate protection. In the event of total or partial theft, the Client must immediately inform the Lessor and file a complaint with the competent authorities. In the event of an accident caused by the Customer, the Lessor will present an estimate of damages for the replacement of damaged parts with new spare parts, this list will be processed by Emotion Project informing the Customer via email with relative photos of the damage.

10. FAULTS

Without prejudice to the liability of the vehicle manufacturer for construction defects and the provisions of Article 2 of this contract. The Lessee will use normal diligence to keep the Vehicle itself in full working order. The rates include ordinary maintenance of the Vehicle, with the exclusion of tire puncture repairs. Any expenses incurred by the Client for minor repairs and anticipated by him must be authorized in advance by the Lessor and will be reimbursed by the latter upon presentation of the invoice made out to the Lessor himself. If for objective reasons (night hours, holidays, closing times) the prior authorization cannot be requested, the Customer may anticipate the repair costs up to the amount of €100 (VAT included). In the event of a technical fault in the rented Vehicle not attributable to the Customer and which precludes the possibility of using the Vehicle, the Lessor will, if possible, replace the Vehicle with a similar one. In case of impossibility, the Customer will be reimbursed for the unused portion of the already paid rental period (compensation for further damages is conventionally excluded). Abandonment of the Vehicle without written authorization entails the Customer’s obligation to reimburse all direct and indirect expenses necessary for the recovery of the Vehicle and a penalty of € 2500.

11. SEIZURE OF THE VEHICLE

In the event of seizure or other type of vehicle detention attributable to the Customer, the Lessee will charge the daily rental rate for each day of vehicle detention until the Vehicle is released from seizure, with a ceiling equal to the replacement value of the Vehicle on the expiration date of the agreed rental period. All expenses arising from fines and detention deposits exposed by the judicial authority will be charged to the customer.

12. PENALTIES AND VEHICLE RETURN

Late return (30min tolerance) €15, over 30 minutes a full day will be charged.

Loss of keys or documents €150. Failure to refuel €15+quantity of fuel missing. Failure to return the €100 helmet

13. CONTRACTUAL CHANGES

Any variation or addition to the conditions of this rental agreement will be valid only if made in writing.

14. DISPUTES

This RENTAL AGREEMENT is governed by Italian law. For any dispute, the Court of Bergamo will be competent. In case of conflict in the interpretation between the Italian version and any courtesy translation of this rental agreement, the Italian version will prevail over the others.

15. DATA PROCESSING – PRIVACY INFORMATION COLLECTED DATA (ART.13 EU REG 2016/679)

The Customer has been informed that Emotion Project srl has based the data processing on the basis of the principles of lawfulness, correctness, transparency, integrity and confidentiality, pursuant to the privacy information collected from the interested party CONTRACTS – RENTAL

Owner – Data processors

EMOTION PROJECT SRL with registered office in Via Vittore Ghislandi 24/A – 24125 Bergamo (BG). Tel 035531228; email: info@motoramarent.it; certified email: emotionprojectsrl@legalmail.it

Legal basis: legitimate interest for the contractual part of the rental; Informed consent for receiving newsletters

Purpose of the treatment: administrative and fiscal procedures arising from the rental of motorcycles and cars. Sending newsletters

Categories of data processed: personal identification data, identity card, driving license / driving license, credit card

Obligations and consequences: the communication of data is mandatory. Consent to receive newsletters is optional

Recipients: natural and/or legal persons, public and/or private when the communication is mandatory or necessary for the provision of the service; public or private law authorities recognized under regulatory provisions; employees within the scope of their duties; accounting and tax consultants, legal advisors and credit institutions

Data transfers to third countries and/or international organizations: the data is not transferred to a non-EU third country or to an international organization.

Data retention period: administrative and fiscal data are kept for ten (10) years. Contact details for newsletters are kept for six (6) years. The data is subject to computer and paper processing. Rights of the interested party: the rights of: access, rectification, integration, cancellation, limitation of treatment, withdrawal of consent, to lodge a complaint with a supervisory authority and oppose the automated processing of personal data, including profiling, are guaranteed

Exercise of rights: the exercise of rights can be requested from the Data Controller – Data Processor

Complaint to the Supervisory Authority: Guarantor for the protection of personal data: Registered letter with return receipt, Piazza di Monte Citorio, 121 – 00186 ROME; Telephone: 06.69677; Fax: 06.69677.3785; garante@gpdp.it; Certified e-mail: protocol@pec.-gpdp.it

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Emotion Project srl with registered office in Bergamo (BG), Via Vittore Ghislandi 24/A and VAT no. 04271060164, hereinafter referred to as “Lessor” grants to the lessee (“Client”), the vehicle (“Vehicle”) indicated on the front of this rental letter for the agreed period.

1. REQUIREMENTS

The Vehicle may be driven by the Client or, if indicated on the front of this rental letter, by a “second driver” provided that they are at least 18 years of age and have held a regular driver’s license for at least 12 months suitable for the category of vehicle under the contract that qualifies them to drive the Vehicle. The Vehicle shall not be driven by any other person unless prior written permission is given by the Lessor. Therefore, the Customer assumes all risks and responsibilities in case of entrusting the driving of the vehicle to a third party and also for the other effects of Article 116 paragraph XII of the Highway Code relating to entrusting to a person without a driving license.

Documents required for rental: valid driver’s license, ID card or passport, social security number, credit card or cash for security deposit.

2. VERIFICATION AND CUSTOMER OBLIGATION

The Vehicle is entrusted to the Customer with a full tank of fuel, equipped with the standard equipment, accessories and registration documents of which the Customer becomes the custodian for all purposes. The Vehicle is delivered in excellent condition and operation, without defects, and the Customer by signing the same declares that he/she has inspected it, verified its excellent condition and deems it fit for use. Only the possession of the Vehicle is hereby transferred to the Client, the possession of the Vehicle remaining in the full disposal of the Lessor. The Customer acknowledges that he/she does not own any real rights to the rented Vehicle and the accessories provided and, therefore, that he/she cannot dispose of them in any way.

The Customer undertakes to use the Vehicle with the diligence of a “good family man” and in particular undertakes to take care of its routine maintenance, not to drive it on bumpy roads, not to transport dangerous and/or illegal goods, not to use it in such a way as to make insurance policies invalid, ineffective or unenforceable, not to transport passengers against expressly or tacitly agreed compensation, not to tow other vehicles, not to drive it while intoxicated or under the influence of drugs, not to participate in sports competitions, not to transfer it to others, not to sublease it, not to pledge it or pledge it as collateral, and not to use it outside the use for which it is intended. The Client may not drive in states outside the EU and where the green card is not valid. Consequently, the Customer shall be liable for any offense committed and connected with the operation of the Vehicle in violation of the Highway Code, and shall be obliged to pay the relevant fines directly at the time of the dispute. In case of non-compliance, for all fines that can be reconciled, and not reconciled, the Landlord, in addition to any additional charges, will charge the client a penalty of € 50+vat. The Client agrees, upon simple request of the Landlord, to reimburse the operating expenses. Costs related to transportation in the amount of €2/km for the recovery of the Vehicle are also borne by the Customer. The Customer will be liable for full compensation for the stolen vehicle if he/she fails to return the keys to the Vehicle or if the theft occurred due to manifest negligence on his/her part.

3. CUSTOMER COMMITMENTS

The Client agrees not to provide false information about his or her personal details, age, address, and driving requirements, expressly exonerating, the Lessor from any prejudicial consequences should they arise in case of false statements. The Customer must hold a valid driver’s license to drive the rented vehicle, as he/she is not subject to legal restrictions or orders of judicial or administrative authorities.

The Client further agrees, to pay to the Lessor the rate, plus VAT, indicated on the front and to return the vehicle at the place and on the scheduled date indicated in this rental letter in the same condition in which it was delivered, except for normal deterioration compatible with the time and mileage traveled. The Client will also pay all amounts due for incidental expenses such as optional insurance, if expressly accepted (initials on the appropriate box on the front of this rental letter), fuel, extra miles not included and other incidental charges. In the event that the Customer uses a financial credit card, he/she authorizes, as of now, its debiting from his/her account also with regard to applications of the contractually stipulated penalties/fines, unpaid fines and administrative sanctions, damages to the vehicle or to third parties, within the contractually stipulated limits.

4. LIABILITY LIMITATIONS OF THE LANDLORD

The Lessor shall not be liable for any damages of any nature to the Client or other parties, suffered by them in the person or property and animals, including economic injury due to non-delivery of the Vehicle, damage from ruined vacation, its failure or malfunction, accidents, theft, riots, wars, natural events, force majeure and fortuitous event. Any items left out in the returned vehicle are considered abandoned. To the extent provided by law, The Lessor shall not be liable, and the Client hereby waives for itself and its heirs or assigns any and all claims against The Lessor for any and all damages suffered by the Client or third parties as a result of the use of the rented Vehicle, or for loss or damage to property owned by the Client or third parties left in or on the Vehicle.

5. DELIVERY AND REDELIVERY

The Vehicles are delivered to the rental station indicated in this contract, 24/A Vittore Ghislandi Street. The Vehicle must be returned during the opening hours of the Lessor’s offices. In the case of out-of-hours drop-offs, which are possible provided they have been authorized in advance, the rental will be considered closed during office reopening hours. In case of delayed delivery of more than 30 minutes, the Customer will be required to pay a penalty fee (see Art. 11). The vehicle must be returned with all accessories, keys and documents existing at the time of delivery by the Customer. Otherwise, the Customer agrees to pay a penalty fee (see art.11). If the Client wishes to change the terms of the return (date and time) he must obtain the prior consent of the Lessor by making a request to the Lessor. If the Client fails to return the Vehicle at the stipulated time and place, the Lessor may regain physical possession of the Vehicle in any manner even against the Client’s will, and the Client shall be obliged to reimburse the expenses incurred.

6. PAYMENTS AND REFUNDS

Payments must be made directly on the website through the use of a debit/credit card.

You can cancel the rental only by sending email to info@motoramarent.it.

The customer is entitled to a refund of the amount paid for the portion of the

– 100% if cancellation is made by midnight of the 7 days from the date of vehicle pickup.

( Example: vehicle pickup booked for May 24 in order to receive a full refund the cancellation must be requested by midnight on May 17.)

– 60% if cancellation occurs 6 days to 48 hours prior to vehicle pickup .

– For all other cases, the right to reimbursement is lost

7. SECURITY DEPOSIT

Security deposit is 1000€ to be paid in cash or credit card on the day of vehicle pickup. It is understood that said deposit is returned at the end of the rental period and after the vehicle has been inspected and compliance with the general and specific terms and conditions of the agreement has been verified.

The security deposit may also be freely withheld for the cases specified above from the contractually designated financial credit card in the name of the same Customer.

8. INSURANCE COVERAGE

The Vehicle is insured with third-party liability insurance in accordance with the law, which covers damage caused to third parties excluding the driver. The policy is available for viewing at the lessor’s office, and a copy of the policy is inside the vehicle and the customer acknowledges having read it. By accepting the RCA policy, the Customer benefits from the insurance coverage, within the limits of the limits, with the deductibles, excesses and exclusions provided in the policy.

KASCO insurance is not included in the price but can be requested.

The Customer is responsible for both damage and fire and theft of the Vehicle and will be liable for full payment equal to the commercial value of the Vehicle. The Lessee shall charge additional sums as compensation up to the amount of the Economic Liability specified in this contract.

Any optional insurance coverage will be operative provided that the Client has initialed the appropriate box on the front of this rental letter and has paid the Lessor the additional daily fee provided in the rate displayed in the Lessor’s offices and on this contract. Should any of the above cases occur, the Lessee will charge the amount of €50 (+ vat) for the administrative handling of the file.

The damage sustained shall be borne in full by the Customer in the event of the Customer’s willful misconduct or gross negligence, misuse of the Vehicle, driving while intoxicated and/or under the influence of drugs. Also in cases where the Client does not return the keys to the Landlord, and in cases where the insurance does not fully compensate for the damage.

9. SYNTHESIS

In the event of a claim, the Client undertakes to inform the Lessor immediately, to forward regular report within 24 hours with a full description (CID compilation) of the event with names and addresses of the persons involved and witnesses, to have a report drawn up by the police organs, not to make any statements of liability, to follow the Lessor’s instructions for repair or safekeeping of the Vehicle, and in any case not to leave the Vehicle unattended without ensuring adequate safeguards. In case of total or partial theft, the Client shall immediately inform the Lessor and file a report with the competent authorities. In the event of a claim caused by the Client, the Lessor will submit a damage estimate for replacement of damaged parts with new parts, this list will be processed by Emotion Project informing the Client by email with relevant photos of the damage.

10. FAILS

Subject to the liability of the Vehicle manufacturer for construction defects and the provisions of Article 2 of this contract. The Lessee shall use ordinary diligence to maintain the Vehicle itself in fully efficient condition. Rates include routine maintenance of the Vehicle, excluding tire puncture repairs. Any expenses incurred by the Client for minor repairs and anticipated by him must be authorized in advance by the Lessor and will be reimbursed by the Lessor upon presentation of the invoice made out to the Lessor. If for objective reasons (night hours, holidays, closing hours) prior authorization cannot be requested, the Customer may advance the repair costs up to the amount of €100 (including VAT). In the event of technical failure of the rented Vehicle not attributable to the Client and precluding the possibility of using the Vehicle, the Lessor will, if possible, replace the Vehicle with a similar one. In case of impossibility it will reimburse the Client for the unused part of the already paid rental period (compensation for further damages is conventionally excluded). Abandonment of the Vehicle without written authorization will result in the Client’s obligation to reimburse all direct and indirect expenses necessary to recover the Vehicle and a penalty of €2,500.

11. SEIZURE OF THE VEHICLE

In the event of seizure or other impoundment of the Vehicle attributable to the Customer, the Lessee will charge the daily rental rate for each day the Vehicle is impounded until the Vehicle is released, with a ceiling equal to the replacement value of the Vehicle on the expiration date of the agreed rental period. All expenses arising from fines and filing detentions exposed by judicial authorities will be charged to the customer.

12. PENALTY AND VEHICLE RETURN

Late return (30min tolerance) €15, over 30min will be charged a full day.

Loss of keys or documents €150. Failure to refuel €15+amount of fuel missing. Failure to return helmet € 100

13. CONTRACT AMENDMENTS

Any changes or additions to the terms of this rental agreement will be valid only if made in writing.

14. CONTROVERSIES

This RENTAL CONTRACT is governed by Italian law. The Court of Bergamo will have jurisdiction in any dispute. In case of any conflict in interpretation between the Italian version and any courtesy translation of this rental agreement, the Italian version shall prevail over the others.

15. DATA PROCESSING – PRIVACY POLICY DATA COLLECTED (ART.13 REG UE 2016/679)

The Client has been informed that Emotion Project Ltd. has imprinted the processing of data in accordance with the principles of lawfulness, fairness, transparency, integrity and confidentiality, pursuant to Privacy Policy data collected from interested CONTRACTS – RENTAL

Owner – Data Processors

EMOTION PROJECT SRL with registered office in Via Vittore Ghislandi 24/A – 24125 Bergamo (BG). Tel 035531228; email: info@motoramarent.it; pec: emotionprojectsrl@legalmail.it

Legal basis: legitimate interest for the contractual party to hire; Informed consent for receiving newsletters

Purpose of processing: administrative and tax practices arising from motorcycle and car rental. Sending newsletters

Categories of data processed: personal identification data, Identity card, Driver’s license/license, Credit card

Obligations and consequences: reporting of data is mandatory. Consent to receive newsletters is optional

Recipients: individuals and/or legal entities, public and/or private when disclosure is mandatory or necessary for the provision of the service; public or private law authorities recognized under regulatory measures; employees within the scope of their related duties; accounting and tax consultants, legal advisors, and lending institutions

Data transfers to third countries and/or international organizations: data are not transferred to a third country outside the EU or to an international organization.

Period of data retention: administrative and fiscal data are kept for ten (10) years. Contact information for newsletters is kept for six (6) years. The data are subject to computer and paper processing. Rights of the data subject: the rights to: access, rectification, integration, erasure, restriction of processing, withdrawal of consent, to complain to a supervisory authority, and to object to automated processing of personal data, including profiling, are guaranteed

Exercise of rights: the exercise of rights can be requested from the Data Controller – Processor.

Complaint to the Supervisory Authority: Garante per la protezione dei dati personali: Raccomandata A/R, Piazza di Monte Citorio, 121 – 00186 ROMA; Phone: 06.69677; Fax: 06.69677.3785; garante@gpdp.it ; Pec: protocollo@pec.-gpdp.it