General rental conditions
The rental and use of e-bikes and accessories at the company Pomarolli e Caracristi Srl (hereafter also chartered), under the heading “Your Ebike” is governed by the present general rental conditions, by the rental contract and by the official rate card, which the user declares to know and accept unconditionally.
Art. 1) How to request the service – booking
In order to benefit from the services offered by Pomarolli and Caracristi Srl, the user must pre-book the rental of the vehicle by e-mail to be sent to the renter at least two days before the service usage, indicating in the communication number and type of required bicycle, days and time of use, eventual supply of accessory material, time of access and withdrawal of the vehicle as well as any special requests.
The reservation is confirmed only upon receipt of the written acceptance by the renter and upon advance payment and in full for the requested service.
The renter reserves, at its sole discretion and unless otherwise agreed, to refuse the reservation received by the user on the basis of the actual availability of the vehicles, the rental conditions requested or for any other reason, and in any case at its sole discretion, giving adequate notice to the applicant and reimbursing to him any price already paid.
Art. 2) Cancellation of the reservation
In case of cancellation of the reservation made the day before the third day before the start date of the rental and communicated by e-mail to Pomarolli and Caracristi Srl, the renter will refund the user the price paid, net of 20 % of the amount. The price paid by the user will instead be entirely retained by the renter for cancellations of bookings made and communicated to Pomarolli and Caracristi Srl after that deadline.
Art. 3) Conditions for the withdrawal of the vehicle
The use of the e-bike is reserved only for adults, unless the minor is accompanied by an adult who assumes full and exclusive responsibility for any damage caused to third parties by the child or suffered by the minor during the use of the service itself. The renter may refuse delivery of the vehicle to a person who, according to his unquestionable judgment, is not fit to drive the vehicle. In this case the user can not ask for a refund of the price paid and will lose the reservation, unless otherwise agreed. The user, received confirmation of the booking in writing, must present the agreed day at the renter’s office during opening of Pomarolli and Caracristi Srl and in any case at the agreed time and signing the rental agreement form before withdrawing the
bicycle / bicycle e-bike and / or related accessories according to the conditions agreed in the booking order In the case of a reservation requested by more than one subject, the rental agreement form can be completed by a single user, who must however provide the renter with all identification data relating to other users.
In the case of a reservation requested in favor of a minor subject, the form of the rental contract must necessarily be completed and signed by the adult person accompanying the minor during the entire use of the service. Upon withdrawal of the vehicle, the user, in addition to signing the rental agreement, must also deliver to the employee a valid identity document, which will be retained by Pomarolli and Caracristi Srl until the end of the rental, and in any case provide your personal details or other information requested by the person in charge. Failure to provide a valid identity document by the user or failure to provide or misrepresentation of the particulars required by the person at the time of collection of the vehicle at the Pomarolli and Caracristi Srl offices authorizes the renter to legitimately refuse service. In this case the user can not ask for a refund of the price paid and will lose the reservation, unless otherwise agreed.
Art. 4) Method of withdrawal of the vehicle
The delivery of the reserved bicycle to the user is subject to the payment of a deposit of 300.00 euros, which must be paid at the Pomarolli and Caracristi Srl offices by cash or by pre-authorized debit card. The user, with the taking over of the rental bicycle, also attests to withdraw from the renter the vehicle booked in perfect working order and maintenance, recognizing it suitable for the agreed and efficient use. Any anomalies, breakdowns or breakages that the user should find in the vehicle at the time of delivery must be immediately reported to the attendant of Pomarolli and Caracristi Srl, before leaving the premises of the renter. Otherwise, they are presumed, unless otherwise proven, to be imputable and chargeable exclusively to the user.
Art. 5) How to use the service
By signing the rental contract, the user assumes responsibility for riding the bicycle, declaring that he has adequate ability and appropriate competence to conduct it, without reservations. The user, with the taking over of the bicycle, also undertakes to use it personally, with the diligence of the good father of the family, under his own exclusive responsibility and according to the agreed use. The user agrees to use the bike exclusively as a means of transport, declining the renter from any civil, criminal and administrative liability in case of improper use and / or failure to comply with the current regulations of the highway code. The use of the bicycle is strictly individual and reserved for the user only. It is forbidden to transfer, for any reason, the use of the vehicle to subjects other than the user, the transport of dangerous or illegal substances and other persons or things that could cause damage to third parties, things or to the user. In any case, the use of the vehicle under the influence of alcohol, drugs or other substance that may negatively affect the user’s ability to drive is prohibited. It is forbidden to the user to use the vehicle in sporting events and to carry out business and / or commercial activities, unless it has been expressly authorized in writing by the renter.
Art. 6) Responsibility of the user during the rental
The user is solely responsible for any event or damage caused to himself, to third parties or to things during the period of use of the rented vehicle and can not ask the renter for any compensation. The user is informed of the fact that the bicycle does not have any form of insurance or liability insurance coverage. The user who, in the event of accident or force majeure, suffers damage to the vehicle during the rental period may, after agreeing with the renter and indicating the reasons that caused the vehicle to break, replace its electric bicycle with another bike possibly available and present at the Pomarolli and Caracristi Srl offices, even if different for technical characteristics. In the event that the renter does not have a bicycle and / or accessory replaced or less than two hours before the expiry of the rental, the renter is not required to reimburse the user or to grant him an indemnity, for any reason. In case of loss or damage caused to the bicycle and / or its accessories during the rental and not attributable to the normal use of the vehicle, Pomarolli and Caracristi Srl will require the user to pay the costs necessary to restore the vehicle based on the list prices or the supplier’s estimate. In case of theft, even partial, the user will have to compensate the renter of the purchase cost of the bicycle equal to 2,500.00 euros and / or of the accessory according to list prices and must be immediately reported by the user to the Competent Authorities .
Art. 7) Conditions for the return of the vehicle
The user who has borrowed the bicycle is obliged to return it to the renter in the same condition in which he received it, subject to normal wear and tear, at the Pomarolli and Caracristi Srl offices at the end of the rental and within the time limits indicated in the contract. At the end of the rental the renter ascertains any damage to the bike and its accessories, filling in and countersigning the appropriate return form. If there are no damages or malfunctions on the vehicle and its accessories, the security deposit initially paid for collection will be returned to the user; if the rented vehicle is instead non-functional or damaged due to negligence and imprudence of the user, the security deposit will be returned to the user reduced by the amount necessary for the repair of the damaged vehicle and / or accessory, except for the greater damage (in cases where the damage found exceeds the security deposit). The bicycle is considered as returned only if it is physically reported to the renter and with the redelivery form of the person in charge of the rental contract; the parking of the electric bike outside the rental point or outside the opening hours can not be considered (unless specifically authorized by the renter). Failure to return the bike at the end of the rental and without prior communication made by the user in accordance with the following article shall be considered as the crime of theft and will therefore be reported to the competent authorities.
Art. 8) Delivery after hours of the vehicle
In the event that the return of the vehicle takes place beyond the duration established in the rental contract and has not been agreed by the renter, the user must promptly inform the company Pomarolli and Caracristi Srl at the following telephone number (+39) 324 0778877 at the end of the rental and within the time limits indicated in the contract. At the end of the rental the renter ascertains any damage to the bike and its accessories, completing and countersigning the appropriate return form. If there are no damages or malfunctions on the vehicle and its accessories, the security deposit initially paid for collection will be returned to the user; if the rented vehicle is instead non-functional or damaged due to negligence and imprudence of the user, the security deposit will be returned to the user reduced by the amount necessary for the repair of the damaged vehicle and / or accessory, except for the greater damage (in cases where the damage found exceeds the security deposit). The bicycle is considered as returned only if it is physically reported to the renter and with the redelivery form of the person in charge of the rental contract; the parking of the electric bike outside the rental point or outside the opening hours can not be considered (unless specifically authorized by the renter). Failure to return the bike at the end of the rental and without prior communication made by the user in accordance with the following article shall be considered as the crime of theft and will therefore be reported to the competent authorities.
Art. 9) Termination clause
The violation by the user of even one of the general conditions of hire legitimizes the renter to terminate the present contract and the withdrawal with immediate effect of the bicycle and accessories provided, without the user can raise against Pomarolli and Caracristi Srl exceptions, reservations or request compensation or indemnity of any kind. The user can withdraw from the present contract and return the vehicle rented only if the bicycle and / or its accessories have a serious material failure that does not allow its use or strongly compromises the enjoyment due to the renter and these does not have the availability of an alternative vehicle with similar characteristics or replacement accessories. In this case, the user is entitled to a refund of the price paid for the rental.
10) Competent court
For any dispute arising between the parties, it is agreed that the competent forum is that of Rovereto.
For anything not expressly provided for in this contract, the parties refer to the regulations of the civil code and applicable regulations. The user will be required to pay a penalty in favor of the renter equal to euro ……… .. per person and for every hour of delay, unless this is due to force majeure. When the return of the vehicle has been agreed with the renter and takes place outside the opening hours of the office, a surcharge of the price equal to euro ……………… per person will be applied to the user.