LAKECOMOMOTORBIKE Terms and conditions
It is essential that you read our Terms and Conditions before you make any payment. In this way we can liaise with you about any questions you may have, any special requests or suggestions, before you arrive. We believe that in this way you receive the wonderful experience you are expecting and it assists us in providing you with the very best which is a core value of our company.
TERM AND CONDITIONS TO RENT MOTORCYCLES
Motorcycles can only be rented by riders who possess a valid driver’s license, are qualified to operate the type of motorcycle rented, and are of at least 21 years of age. The nominated rider, from the moment of the rental, is the sole authorised operator of the motorcycle that is rented. A request can be made for additional authorised riders if, and only if the additional riders meet the requirements of possessing a valid driver’s license and are of at least 21 years of age. A security deposit, to be paid by credit card or cash money, will be required. The rental tariff includes only the renting of the motorcycle and accessories supplied as listed above. Further accessories are available upon request from the moment of the reservation, and, if available, will be rented with a supplementary payment.
Pick-up and return
The motorcycles will be available for pick-up and returned to the same location by 6 pm. Motorcycles will be provided to Customers after an accurate revision has been carried out by the workshop to verify that the motorcycle is functioning correctly, in a good state of repair, and has a full tank of gasoline. The motorcycle will be returned in the same condition as at the time of the pick-up (excluding any maintenance required which is included in the rental price), and with a full tank of gasoline. The Customer will be required to pay for the service of refilling, in addition to the cost of the fuel, if the motorcycle is returned without a full tank. The Customer is required to verify, at the time of the pick-up, the condition of the motorcycle. All subsequent observations and disputes as to the condition of the motorcycle at the time of the pick-up will be noted on the rental contract in the presence of at least one of the personnel of the rental shop. When the motorcycle is returned please allow 30 minutes for review.
LCM reserves the right to terminate the contract or retake possession of the motorcycle at any moment during the rental period, at the Customer’s expense, if the motorcycle is used in violation of the conditions of this rental contract.
Conditions of use
The Customer should look after the motorcycle with the care that a motorcycle deserves, and with respect to the laws in force.
Particularly, it is forbidden to use the motorcycle:
by the rider under the influence of alcohol, drugs, narcotics, pharmaceuticals, or other substances that can alter consciousness or the ability to react;
in violation of any customs regulations, traffic, or local laws;
outside of Italy without the written authorisation of the Proprietor (to be requested when the reservation is made) and without the appropriate supplementary insurance, if necessary;
by another party other than the Customer, if agreed in the rental contract and expressly authorised on the part of the Proprietor;
for transport of persons and/or things for reasons of commerce or profit;
to push, pull, or tow vehicles, motorcycles, or other things;
in races, tests, qualification exams, or competitions.
It is absolutely forbidden to rent to third parties under any circumstance.
The bikes have an insurance coverage for the civil responsibility (third party insurance) up to a maximum of Euro 2,582,284.00. The insurance covers the damage caused to third parties (persons- including passenger, animals, and property). There is no coverage for damage to the motorcycle, or fire and theft. Foreign Customers are advised to ascertain from their national health services if a bilateral agreement exists with Italy. If a bilateral agreement does not exist, we advise the Customer to purchase travel insurance in his/her own country that will cover any sickness and/or accident that could occur to him/herself or to the passenger during the trip.
Accidents, fire & theft
Any event must be reported to Lake Como Motorbike within 24 hours. The Customer must contact the competent authority in the event of any accident (whenever it is possible, but always when physical injuries to him/herself or third parties occur); the Customer must make a statement to the competent authority when necessary (i.e. in case of theft, damage or injury, etc.) and send or deliver a copy of the statement to LCM within 24 hours of making the statement. In the case of an accident the Customer will be responsible for filling out of the accident-report form that will be attached to the documents of the motorcycle. This form must and will be delivered to LCM when the motorcycle is returned. The Customer is required to obtain all of the relevant details of witnesses and of vehicle(s) involved in any accident, and to report all of the necessary information possible to determine the responsibilities for any incident. The Customer agrees to cooperate with LCM and its insurers in any inquiry or legal proceedings.
Breakdowns, substitutions and interruption of rental
The rental motorcycles, being new, come with the warranty, which is applicable at all dealers and workshops in Italy and in foreign countries. Furthermore they have the benefit of the services. In the case of a breakdown, not attributable directly to the customer and that makes it impossible to continue the journey, LCM will provide, if possible, an immediate substitution of the motorcycle rented. In the case that a substitution is not available, the Proprietor will refund the part of rent relative to the remaining period not used. The refund and/or substitution stated above are excluded in the case of damaged or broken parts not normally covered under the warranty, or caused by the Customer. The Customer is required to report immediately to LCM all breakdowns of any sort; to wait for precise instructions or express authorisation from LCM before acting on his/her own behalf. The Customer does not have the right to a reimbursement of motorcycle repair expenses if these were not first authorised by the Proprietor. Every eventual expense will be justified on an invoice in the name LCM.
The abandonment and/or expatriation of the motorcycle without authorisation on the part of LCM will oblige the Customer to reimburse all of the expenses, directly and indirectly, relevant to the recovery of the motorcycle. In the case of punctures and/or damage to the tires, the Customer is required to replace, at his/her expense, the damaged tires. The motorcycle may not be returned with repaired tires or tyres showing greater wear than is normal for the kilometres travelled.
Limitation of responsibility
LCM is not responsible for damages occurring to the Customer or to a third party resulting from the use of the motorcycle; for loss or damage to the personal belongings or property of the Customer; for loss and inconvenience resulting from delays in pick-ups and returns; from breakdowns or any other cause that is beyond the control of LCM In the case of accidents of exceptional seriousness, the consequences of which surpass the maximum provided for by the insurance policies covering civil responsibility, the Customer assumes the exclusive responsibility for the compensation of all of the amounts payable that result above and beyond the maximum. In the case of the reserved motorcycle not being available, for causes not attributable to LCM, a substitution will be provided with a model of the equivalent class or superior without extra cost to the Customer. In the case that no substitute motorcycle is available for the period of the rental agreement, and upon communication from LCM to the Customer, the contract will be understood to be terminated, and LCM will be held exclusively to the immediate refund of the full deposit made by the Customer for the purpose reservation.
The Customer will pay or reimburse to LCM, on request, the amount of:
the time charges calculated on the basis of the tariffs in force; the minimum time fractions are of four (4) hour periods. Late returns, after the first 59minutes, will give rise to an additional charge of a four (4) hour period for every excess period or part thereof;
the calculated kilometres charge according to the tariffs indicated in the rental agreement if the kilometres allowed are exceeded (150 Km daily average);
the cost of repair of damage to the motorcycle calculated on the basis of the official price lists which are in force;
the cost of the eventual recovery of the motorcycle in the case of breakdowns and damages attributable to the Customer;
the cost of any subsequent infringements, penalties, judicial expenses, etc., resulting from the customers actions but attributable to LCM by law unless caused by fault of LCM;
the charges and costs for the remaking of a lost key and/or documents of the motorcycle;
the cost of any insurance deductible.
The Customer expressly accepts and agrees to pay the charges of rental and any eventual secondary expenses, as stated previously in this rental contract. Upon written notification (by letter, e-mail or fax) of the detailed amounts the Customer consents to payment being made using the Customer’s credit card.
A security deposit of Euro 2,000.00 in cash money or with written authorisation to debit the Customer’s credit card, is required before the commencement of the rental period. If the motorcycle is damaged or the Customer infringes the law, depending on the nature of the damage or infringements, the security deposit may be retained in full or part by LCM. When the motorcycle is returned, in the absence of damage or reason for charges, the amount of the security deposit will be immediately returned to the Customer, except in the case of possible eventual deduction from the security deposit in the case where the responsibility for any incident must be ascertained. In any case the repayment of the security deposit will be made, as normal, only after the total amounts due (the charges, subsequent charges, and damages attributable to the Customer) have been accounted for and communicated to the Customer.
Whoever signs this rental contract in the name and/or account of another person or company will be responsible for meeting the obligations of the contract, and will respond directly to Karis Events.
Personal travel insurance
It is vital that you have appropriate travel insurance, which offers cover while motorcycling and in the whole holiday. LCM accept no responsibility for a customer's failure to arrange appropriate cover. We strongly recommend you cover yourself with travel insurance in case of accident and to ensure that if your personal circumstances change and you have to cancel, your costs are covered.
In the event of a cancellation the booking payment is lost.
Your deposit will be refunded if you cancel the tour within 3 weeks before the day of the tour.
There are no refunds if:
- You cancel the tour after the limit of 3 weeks before the scheduled tour
- A motorcycle is returned before the end of the hire period, or if a tour is curtailed.
- The tour is canceled because of the weather.
This is because the bike had been booked to you and other bookings for these dates refused.
Weather conditions and routes
LCM reserves the right to change tour routes and other services as necessary because of seasonal circumstances and current weather conditions. LCM strives to schedule its tours at a time of the year, when the weather in the touring area is usually pleasant for motorcycling. LCM cannot be made liable for unpleasant and unsuitable weather conditions and no refunds are made for such conditions. LCM does not assume any responsibility for poor weather conditions that may occur and in this respect the participant has no claim of any kind whatsoever for reimbursement of the holiday price or the vehicle rental price.
If you intend to ride by your self you MUST inform us of your plans.
The nature of the roads could make the journey hard on the bikes and if something happen LCM accept non responsibility in case of any type of accident or demage to people and bikes.
The guide provided by LCM gives only an approximate driving route, so the customer follows that route on his/her own responsibility and is obliged to adapt his/her driving style and ability to the prevailing circumstances. If the customer is not in a position to follow a driving route then he/she must not drive any further along it and immediately notify the guide accordingly. The customer is personally responsible for the proper stowing of items of luggage in/on the vehicle. Any liability on the part of LCM for that is excluded. It is recommended that personal valuables and documents are not stored in the vehicle’s luggage.
Health, alcohol and medicines
Attention is drawn to a good general state of health, corresponding to the tour description of the tour, being a prerequisite for taking part in it. Tour participants who do not fulfill such prerequisites may be excluded from participation in the whole tour or sections thereof without any claim on LCM arising from that. Consulting a doctor is recommended, in any case, before the start of the tour. If there are doubts in respect of a tour participant’s state of health then a medical certificate to the contrary must, on request, be presented to LCM. During the day, as long as the vehicle still has to be driven, the customer is not permitted to take alcoholic drinks or medicines that affect his/her ability to drive. Alcoholic drinks may only be enjoyed after the day’s tour concerned has ended and after the vehicle has been safely parked for the night at the accommodation.
Please bring any complaints to your tour guides immediate attention. Do not wait until the tour is over; we take customer complaints very serious and will try to erase occurring problems immedialtely.
LCM is responsible for providing the services listed in the tour description according to the local standard and the accurate description of services offered in its literature. LCM is selecting carefully and is constantly checking its contractors. LCM is responsible for conscientious travel preparations. LCM is not responsible or liable for any accidents and cannot be held liable in any way for any occurrence in connection with the operation or the client’s participation in connection with the tour, which might result in injury, death or other damage to the client, his property, or his family, heirs, or assigns. LCM is not responsible for any delays, changes, in schedule or other conditions.
LCM is accept no responsibility for and shall not be liable in respect of any loss, damage, alterations, delays or changes arising from circumstances outside its control, such as, but not solely, war or threat of war, riot, industrial dispute, civil strife, fire, adverse weather conditions, terrorist activity, natural and nuclear disaster, technical transport problems, computer malfunction, cancellation of scheduled or charter airlines, closure or congestion of airports or ports, or financial failure of depots. LCM acts as information and booking resource for riders.
Data protection and copyright
Photographs, transparencies and videos taken on the tours by LCM representatives are LCM's copyright. LCM has the right to use such material for advertising purposes without costs for LCM vis-à-vis participants, even if participants are identifiable on them. LCM has the right to pass a participant’s name and address on to other tour participants and to LCM partners, who may use such a name and address for advertising purposes unless the participant expressly refuses (in writing) to allow such passing on.
By booking an holiday with LCM you agree that you understand and agree to the indemnity release detailed below which is between you (and any passengers) and LCM.
You must agree that you shall participate entirely at your own risk and that you, your successors, executors and administrators will release, indemnify and not instigate any claim, demand or expense against LCM or any personal injury, loss of life or damage to personal property suffered during or subsequent to events on the whole holiday week.
You must acknowledge that any road whether sealed or unsealed, or any other venue upon which you travel, may have sandy or rocky surfaces with defects either hidden or exposed as is the nature of some roads. You must agree to obey and observe all rules and directions given during a tour, whether given in writing or verbally by LCM and that LCM have the right to exclude you from any tour for non-adherence to any rule or direction given.
You must accept that you are permitted to rent a motorcycle or take part in a tour on condition that you ride safely with due care and regard for other people and property.
You must acknowledge that motorcycle riding, whether as a rider or passenger, can be dangerous and that a motorcycle rental or participation in a tour organised and promoted by LCM may expose you to the possibility of injury or death and further, you must acknowledge that the way other people may ride, drive or act is outside the control of LCM.
You must acknowledge that there may be no, or inadequate facilities for treatment or transport of participants if participants are injured. You agree that you understand that travel insurance to cover all forms of personal injury, repatriation or costs in the event of death is essential and it is your responsibility to ensure you have appropriate cover.
You agree to wear appropriate motorcycle safety equipment at all times and that you are medically fit to undertake a motorcycle rental or tour.
You must agree that you have read and understood the indemnity release and agree that the motorcycle rental or participation in our tour guided is entirely at your own risk.
Balance payments can be made by wire transfer, in this case the balance amount must be credited on the LCM account 30 days prior holiday start.
Every payment is accepted only in euro value. The prices are calculated in accordance with the daily official exchance rate.
The legal relationship between customer and Lcm shall be governed exclusively by and construed in accordance with Italian law.
Place of performance and jurisdiction
Place of performance for all obligations arising from the travel contract shall be the place of LCM registered office. If there are no mandatory statutory provisions to the contrary all disputes arising from the contractual relationship between the customer and LCM shall be exclusively referred to the court having subject-matter jurisdiction in Como, Italy.
Costs not included in the rental price
Speeding fines and other penalties.