Yamaha Tracer 9 GT (2021 – 22)

RENTAL TERMS AND CONDITIONS
GENERAL RENTAL CONDITIONS
The rental company FANI MOTORS SRL (hereinafter referred to as the Renter) rents to the customer (hereinafter referred to as the Client) motorcycles/mopeds according to the present General Rental Conditions which are an integral part of the Rental Agreement.
ARTICLE 1) REQUIREMENTS
The motorcycles/mopeds may be driven only by the Client who signed the rental agreement.
The driver must be in possession of a valid driving license for the type of motorcycle/moped rented.
Clients from non-EU countries must also present an International Driving Licence.
The driver cannot rent any motorcycle/moped for driving training purposes or to take a driving test.
To drive any rented motorcycle/moped by individuals other than the Client is expressly forbidden.
ARTICLE 2) BOOKING
The reservation of a motorcycle/moped can be made through the dedicated website www.fanimotors.it or at the headquarters Fani Motors Srl.
When collecting the motorcycle/moped, or at the time of booking online, Clients must provide their personal data and tax code.
The Client agrees to pay 100% of the rate for the motorcycle/moped and the period chosen to confirm the reservation.
The Client undertakes not to provide false documents and/or misleading information assuming any responsibility arising from the violation of this clause.
ARTICLE 3) DELIVERY AND RETURN
Motorcycles/mopeds are delivered at the headquarters of Fani Motors Srl located in Via Empoli, 31/c postcode 50142 Florence where they must be returned on the agreed-upon date and time.
Motorcycles/mopeds are delivered in good condition and fully operating.
The Client must check the condition of the rented motorcycle/moped and must indicate, by writing in the text field provided on our rental form, any observations concerning the state of the bodywork or mechanics.
It is expressly forbidden to return the motorcycle/moped during the closing time of the Renter and, in any case, the motorcycle/moped must be returned to the person in charge unless previously agreed with the Renter.
In case of delayed delivery of more than 50 minutes with respect to the agreed time, the Client shall pay a penalty equal to one day of rental.
The first 150 km are included in our daily rental rate. Extra Kilometres (km) are charged at a rate of €0.30 per Km.
The motorcycle/moped must be returned with all accessories, keys and documents that were provided at the time of delivery by the Renter. Otherwise, the Client commits to pay a penalty of € 300,00, in addition to the actual amount of the missing parts, which the Renter is hereby authorized to withhold from the amount deposited by the Client as deposit.
In case of early termination of the rental period due to the Client’s choice, or in any case not due to the necessity, negligence or request of the Renter or due to any technical failure of the motorcycle/moped not attributable to the Client, it shall not be possible for the Client to obtain a refund of the part of the fee related to the remaining period of non-use of the motorcycle/moped.
The Client undertakes to inform the Renter, upon return of the motorcycle/moped, of any fines incurred during the rental period.
ARTICLE 4) PAYMENT/DEPOSIT/EXTRA CHARGE
When taking over the motorcycle/moped, the Client undertakes to pay a deposit of € 1.000,00, in cash, or by credit card authorization (AMERICAN EXPRESS OR DINERS are not accepted). Failure to pay the deposit will result in the cancellation of the rental contract for reasons attributable to the Client and will authorize the Renter to retain the amount already paid as a penalty.
The Client shall pay or reimburse the Renter, upon request of the same, the amount:
(a) of an additional day ‒ 24-hour rate ‒ of rental for each day or fraction of a delay of more than 50 minutes with respect to the agreed time to return of the motorcycle/moped.
b) of the costs for damages, theft, and fire according to the rates in force.
c) of the rate of € 0.30 per kilometre for extra kilometres, the first 150 km per day are included in the rental rate.
d) of € 20.00 for missing fuel if the Client does not return the motorcycle/moped with at least the same amount of fuel provided at the time of delivery.
e) of the costs for failure to return the motorcycle/moped at the Renter’s headquarter, including transport or towing costs and reimbursement of expenses for the recovery of the motorcycle/moped, except in the case of mechanical failure attributable to the manufacturer of the motorcycle/moped.
f) of any fines, penalties, court costs or other, imposed on the Renter and the related operational costs of recovery, arising from the use of the motorcycle/moped during the rental period, except for those administrative or legal costs attributable to gross negligence on the part of the Renter, in which case, however, Clients, or any other individual, shall not be relieved from direct responsibility towards any authority for their illegal conduct.
ARTICLE 5) DAMAGES/THEFT/FIRE TO RENTED MOTORCYCLE/MOPED/LOSS OF ACCESSORIES
The Client shall be held directly responsible towards the Renter in case of theft and/or fire of the rented motorcycle/moped and for all damages caused and/or suffered to/from the rented motorcycle/moped during the rental period, even if due to theft and/or fortuitous event and in case of loss of accessories, keys, and documents.
In these cases, the Client’s liability is conventionally limited to an amount equal to the sum deposited as a deposit provided that:
1) the damage, theft and/or fire were not intentionally caused by the Client
2) the Client has immediately reported the fact to the competent authority and to the Renter (with return to the latter of the keys and documents of the motorcycle/moped)
3) the Client has strictly observed art. 7) of these General Rental Conditions.
ARTICLE 6) LIMITATION OF LIABILITY OF THE RENTER AND THE OWNER OF THE MOTORCYCLE/MOPED
Within the limits provided for by the law, the Renter shall not be held responsible, and Clients hereby renounce for themselves and their heirs or claimants any and all claims against Renter for any damage suffered by the Client or by third parties deriving from the use of a rented motorcycle/moped or for loss or damage to the Client’s property left in the motorcycle/moped or for damages or inconveniences resulting from delay in delivery, breakdown or any other cause beyond the Renter’s control.
ARTICLE 7) CONDITIONS OF USE
The Client undertakes to keep and use the motorcycle/moped with due diligence and shall not allow the motorcycle/moped to be used:
(a) to transport people and/or things for commercial purposes.
b) to push or tow motorcycle/mopeds, trailers, or other things.
c) in races and competitive tests on circuits and equipped facilities or tracks open to the public.
d) by the Client or other driver under the influence of alcohol, hallucinogenic drugs, narcotics, barbiturates, or any other substance that impairs consciousness or the ability to react.
e) in violation of any customs, traffic, or other regulations.
f) by any individual other than the Client.
g) outside of Italy without the authorization of the Renter and without the appropriate additional insurance, if required.
It is forbidden to rent the motorcycle/moped to third parties in any form.
The Client is obliged to use all the anti-theft devices with which the motorcycle/moped is equipped whenever it is parked and abandoned, even if in closed places and guarded areas.
ARTICLE 8) MOTOR TPL INSURANCE+KASKO (motor third party liability insurance)
Our rented motorcycle/mopeds are covered by third party liability insurance in accordance with the provisions of current legislation and Kasko.
The maximum amount of the policy is €7,290,000.00, deductible €100.00, fire and theft uncovered 15%, Kasko (own damage) uncovered 20% deductible €900.00.
The insurance policy does not apply in case of any damage caused intentionally by driver of the rented motorcycle/moped.
The Client agrees to indemnify and hold harmless the Renter against any claim and for any damage exceeding and not included in the insurance coverage of the policy of which he declares to have read at the time of signing these Conditions.
ARTICLE 9) CLAIMS
The Client undertakes to notify the Renter of any claim within 12 hours from its occurrence.
In the event of theft, damage and if necessary, the Client shall report to the competent Authority. A copy of the report shall be immediately sent to the Renter. It shall be Client’s responsibility to fill in the appropriate documentation regarding the claim.
ARTICLE 10) EXPRESS TERMINATION CLAUSE
The Renter reserves the right to terminate the contract and to take back possession of the motorcycle/moped at any time, at the Client’s expense, in the event:
a) the motorcycle/moped is used in violation of the conditions set forth in Article 7 above.
b) in case of detention by the Judicial Authority.
c) in case of non-payment.
ARTICLE 11) ADDITIONAL SERVICES
The Renter will offer the following services:
a) rental of the helmet and/or jacket at a daily cost of € 5.00 and gloves at a daily cost of € 3.
b) motorcycle/moped bags, when available from optional motorcycle equipment, in which to store personal effects, at the daily cost of € 5.00.
ARTICLE 12) TECHNICAL ASSISTANCE
The Client undertakes, if the motorcycle/moped stops due to mechanical failure or damage to the bodywork, to contact the Renter, or if it is in a province over 100km away to authorized garages and/or dealers. The cost of the repair will be borne by the Client unless failures attributable to the manufacturer.
If the stop or failure is not attributable to the Client, the same will be entitled to replacement, where possible, of the motorcycle/moped.
If it is not possible to replace the motorcycle/moped during the agreed rental period, the Client shall be entitled to a free rental period equal to the unused period, considering the rental agreements already signed by the Renter.
Compensation for further damages is conventionally excluded.Pursuant to art. 1341 of the Italian Civil Code, the Client expressly declares to know and accept the following articles:ARTICLE 3) DELIVERY AND RETURN
ARTICLE 4) PAYMENT / DEPOSIT / EXTRA CHARGE
ARTICLE 5) DAMAGES/THEFT/FIRE TO THE RENTED MOTORCYCLE/MOPED/LOSS OF ACCESSORIES
ARTICLE 6) LIMITATION OF LIABILITY OF THE RENTER AND THE OWNER OF THE MOTORCYCLE/MOPED
ARTICLE 7) CONDITIONS OF USE
ARTICLE 10) EXPRESS TERMINATION CLAUSE
ARTICLE 11) ADDITIONAL SERVICES
ARTICLE 12)TECHNICAL ASSISTANCE