The Preamble and Annexes 1, 2, and 3 form an integral part of these General Terms and Conditions of Contract. These General Terms and Conditions of Contract apply to the rental of Vehicles, including through the Lessor’s website/app and third-party platforms, regarding the booking of the Vehicle, the verification of the driving license, and the rental of the Vehicles. In these General Terms and Conditions, the following expressions have the following meanings: “Client or Renter” refers to the individual/legal entity that signs the Contract; “General Terms and Conditions of Contract” refers to this document, including Annexes 1, 2, and 3, which are an integral and substantial part thereof; “Specific Terms and Conditions of Contract” refers to the specific agreements stated in the Rental Letter; “Driver” refers to the individual identified in the Contract who will drive the Vehicle. The minimum age required to drive the Vehicle is 18. The Driver is not considered a third party with regard to the Vehicle insurance. “Contract” refers to the rental contract; “Lessor” refers to Freely srl, the company that provides the scooters. “Vehicle” refers to the electric scooters specifically identified in Annex 3. The Vehicle will be provided suitable for circulation and in compliance with the registration and circulation tax, equipped with compulsory third-party insurance coverage. “Operating Area” refers to the departure and return locations of the scooters, which must correspond. This means that the vehicle must return to the point from which it departed. “Driving License” refers to the driving license issued within the European Union (EU) and/or the European Economic Area (EEA). A driving license issued by non-EU/EEA countries is accepted only if accompanied by an international driving permit or a certified translation of the national driving license and proof of entry into the EU/EEA.
Conclusion of the Contract and Deposit.
The Contract is finalized upon reservation by signing by the Client and the Lessor or a duly authorized representative, including through the Lessor’s website/app or third-party platforms. The Lessor leases the Vehicle identified therein to the Client for the period indicated in the Contract. The Contract does not include packages or tourist services, nor the organization and implementation of a trip or vacation by the Lessor, and therefore, the Lessor declines any responsibility in this regard. The Contract must be accompanied by the payment of a deposit equal to €500. Without such payment, the Contract cannot be considered validly concluded.
Rental Fee.
The Client agrees to pay the Lessor, based on the provisions in Annexes 1 and 2:
• VAT; • the amount of fines and/or penalties incurred during the rental period, if borne by the Lessor, and the expenses related to the management of the respective procedure; • highway tolls and parking fees related to the use of the Vehicle by the Client, if borne by the Lessor, and the expenses related to the management of the respective procedure; • the expenses related to the handling of accident claims, as indicated in Annex 2; • penalties; • all expenses and charges incurred by the Lessor to obtain payment from the Client of the amounts due, including legal expenses; • the costs of restoration and/or cleaning of the Vehicle if it is returned at the end of the rental period with indelible stains and/or burns or is damaged; • the costs of disposing of objects abandoned by the Client in the Vehicle; • the reimbursement of expenses incurred for the recovery of the Vehicle not returned to the agreed location for any reason, and the amount paid to the damaged party in case of a fault-caused accident by the Client; . • The amount corresponding to any other service used by the Customer or purchased at the time of rental; • Any item expressly indicated in the Contract; • The cost of administrative services.
The mileage rate is determined by reading the odometer. The Customer is responsible for periodically checking that the odometer functions and undertakes to immediately inform the Lessor of any malfunctions, following the instructions provided by the Lessor or their representative in such cases. If, upon return, the odometer appears tampered with or faulty, the unlimited mileage rate will be applied. Whenever the rate is calculated based on the number of days, the term “day” defines a period of 24 hours starting from the moment the Vehicle was delivered to the Customer, unless otherwise specified in the rate. No administrative handling fee or penalty will be charged to the customer in addition to the estimated fuel cost. The Customer will settle the rental fee at the time of booking. The deadline for payment is essential, and failure to make the payment within the specified timeframe will result in the termination of the contract under Article 1457 of the Civil Code, and the Lessor will be entitled to receive a penalty equal to 80% of the total cost of the rental, retaining the amounts paid as a deposit up to the amount of the penalty and demanding payment of the remaining balance up to the amount of the penalty. The vehicle’s condition will be assessed and verified by the Lessor every evening to ensure that the vehicle is always in optimal performance and to ascertain that no damage has been incurred. The delivery as well as the return of the vehicle will take place at the location specified in the Rental Letter or the pick-up report. In the event of delayed payment of the amounts due, late payment interest will be charged at a rate of 8%.
Security Deposit.
As a guarantee of the proper use and integrity of the Vehicle, the Customer must pay a security deposit at the time of vehicle pickup, as determined in the Contract. The Customer will be entitled to the refund of the security deposit within 3 days of returning the Vehicle, provided that no defects or damages are found on the Vehicle. Unless otherwise communicated in writing to the Lessor, the security deposit will be credited back to the same credit card used for the initial deposit payment. The security deposit may be fully or partially retained to cover: a) any damages caused during the rental period, as well as expenses related to the potential assessment expertise; b) necessary expenses in the case of lost keys or vehicle registration documents; c) damages to third parties beyond theft or fire cases. The deadline for the deposit payment is essential, and failure to make the payment within the specified timeframe will result in the immediate termination of the Contract under Article 1457 of the Civil Code, and the Lessor will be entitled to receive a penalty amounting to 80% of the total cost of the entire rental, retaining the amounts paid as a deposit up to the amount of the penalty and demanding payment of the remaining balance.
Payment Method.
The deposit payment, rental fee, security deposit, and penalty must be made by credit card. The Customer making the deposit and rental fee payment by credit card authorizes the Lessor to directly charge all amounts specified in these General Contract Conditions to the same credit card.
Vehicle Pickup and Rental Commencement.
The rental begins when the Lessor or their delegate delivers the Vehicle to the Customer. The Vehicle is delivered in good maintenance condition. Upon delivery of the Vehicle, the Customer declares not to have caused any damage to the vehicle or third parties unless they report it to the Lessor. Therefore, it is assumed that if the customer does not declare anything or make any reports, the rental has not encountered any problems. In case of any issues, the customer is obliged to declare the damages to the Lessor by contacting the provided phone numbers and email. In any case, the verification of the vehicle’s condition will be carried out daily by the Lessor or their representative. The Vehicle is delivered with all the necessary circulation documents. At the time of vehicle delivery, the customer is required to: i) take custody of the Vehicle with due diligence, ii) preliminarily verify that the Vehicle’s condition corresponds to what is stated in the pickup report, reporting any discrepancies and damages, iii) report if the battery level is not indicated correctly, iv) check for a copy of the registration booklet, insurance certificate, “green card” (international insurance certificate), accident report form, and appropriate charging cables inside the Vehicle. The Customer is also required to: i) carefully inspect the Vehicle’s condition before driving, ii) exercise reasonable care and diligence in using the Vehicle, iii) use the Vehicle in accordance with the laws of the country in which it is driven, iv) use the Vehicle as permitted by law and for lawful purposes, v) refuel the Vehicle with suitable and/or provided charging cables, vi) stop the Vehicle if a malfunction compromising safety or any other malfunction is detected, and immediately report it to the Lessor or their delegate. It is the Customer’s responsibility to notify the Lessor’s staff of any discrepancies compared to what is stated in the Contract.
Ownership of the Vehicle.
The Customer is the custodian of the Vehicle and acknowledges that they do not hold any real rights to it. Through the Contract, the Customer is granted only the possession of the Vehicle, while the full ownership remains with the Lessor.
Return.
The rental period ends when the Lessor takes back possession of the Vehicle, or when the Customer returns the keys. The Lessor verifies the condition of the vehicle every evening. The Customer is required to return the Vehicle during the agreed-upon time to the designated staff and location stated in the Contract or as soon as requested by the Lessor, with the same accessories and in the same condition as received, except for normal wear and tear. The Customer remains responsible for the Vehicle in the event of returning it differently from the agreed terms or in the absence of the authorized personnel for check-in. If the Customer returns the Vehicle before the predetermined date and time, no refund will be provided for unused days. If the Customer needs to return the vehicle beyond the established time/date, they must obtain written consent or email confirmation from the Lessor to extend the rental period at least 24 hours before the scheduled end of the rental. If the Vehicle is not returned to the Lessor by the specified rental date or any other date approved in writing by the Lessor, the Customer will be required to reimburse the Lessor for each additional day of rental, in addition to a penalty for late return of the Vehicle as specified in Attachment 2, along with all expenses incurred by the Lessor to regain physical possession of the Vehicle, loss of earnings due to the unavailability of the Vehicle, and compensation for any damages suffered.
Insurance.
The Lessor undertakes to provide the Vehicle with the indicated insurance coverage and additional services, unless there are changes to the policy during the contractual relationship. In particular, the Lessor guarantees that a specific third-party liability insurance policy (RCA) has been taken out to cover the driver, with the minimum limits and maximum amounts required by law and regulations. An excerpt of the policy is available at the following link. Unless other written agreements, the insurance policy does not cover any damages suffered by the driver or their civil liability for damages to transported property or animals. It also does not cover damages resulting from non-compliance with road signs indicating obstacles or danger, or damages resulting from noncompliance with laws or regulations. The policy covers the driver’s civil liability for damages suffered by third parties who are transported. In the event of an accident caused by the driver’s own fault and involving third parties, regardless of the damages to the rented vehicle (which, if present, will be charged as per Attachment 2), the Lessor will charge the Customer, in addition to administrative costs related to managing the accident claim, an additional amount corresponding to the non-eliminable deductible charged by the insurance. Unless otherwise agreed in writing, the Customer is informed that the rented Vehicles are insured against the risks of theft, loss, fire, robbery, and damages to the Vehicle.
Theft, Fire, Damages.
The Customer agrees to indemnify the Lessor for any damages resulting from theft, fire, loss, robbery of the Vehicle or its parts, not covered by the terms of the subscribed insurance policy. In the event of misappropriation or driver’s liability attributable to the Customer’s fraud or gross negligence, as well as in cases of damages, theft, fire, loss, robbery, misappropriation occurring after the termination, for any reason, of the Contract and the loss of possession of the Vehicle due to causes other than damages, theft, fire, loss, robbery duly reported during the contractual period, the Customer undertakes to fully compensate the Lessor for any damages suffered. All options and accessories are not covered by liability limitations. In the event of loss or theft of the rented vehicle’s key alone, the Customer undertakes to immediately report the incident to the relevant authorities and deliver the original report to the Lessor. The rental fee (calculated based on the rate established in the Contract) is also due for the days when the Vehicle remains unused. For the replacement service of the second key, the Customer is required to pay the amounts specified in Attachment 2. If the Customer fails to deliver the original report to the Lessor, the Lessor, after the Vehicle’s return date stated in the Contract, may regain physical possession of the vehicle in any way, even against the driver’s will, and the driver will be required to reimburse the Lessor for the expenses incurred, as well as pay the rental fee (calculated until the date of vehicle recovery) and the cost of replacing the second key.
Accidents.
In the event of an accident, even if no third parties are involved, the Customer agrees to:
a. immediately inform the Lessor, in any case within 12 hours (by phone at the following numbers: mobile phone 1: +39 3481175371 / mobile phone 2: +39 3407916601; via certified email at the following address: pec@pec.freelylakecomo.it), by providing a detailed and complete report of the incident, including the completed and fully filled out friendly settlement form (CID) with the contact details of all parties involved. b. Inform the competent authorities; c. take note of the names of the parties and witnesses; d. follow the instructions provided by the Lessor regarding the custody of the vehicle.
If the Customer fails to report an accident despite having been involved in one and the Lessor subsequently becomes aware of it, a penalty payment will be due within the terms specified in Attachment 2. Considering the significant organizational inconvenience and increased insurance costs incurred by the Lessor due to the Customer’s failure to provide information.
Vehicle Breakdown.
In the event of a technical breakdown of the rented vehicle not attributable to the Customer, which prevents its use, the Lessor will, if possible, provide a replacement vehicle of similar characteristics. If this is not possible, the Lessor will reimburse the Customer for the unused portion of the already paid rental period. Any tire punctures must be repaired by the Customer, and the associated expenses must be borne by the Customer. In any case, the Customer agrees to notify the Lessor of any tire punctures for obvious safety reasons. Abandoning the vehicle, whether in Italy or abroad, obligates the Customer to reimburse all direct and indirect expenses necessary for the vehicle’s recovery.
Seizure of the Vehicle.
In the event of seizure/confiscation of the Vehicle by the judicial authorities due to causes attributable to the Customer, the Lessor will charge the Customer the daily rental cost until the release of the Vehicle, calculated based on the conditions stated in these General Contractual Terms and in the Contract.
Customer Obligations.
The Customer is the custodian of the Vehicle and agrees to:
• drive and care for the Vehicle and its accessories diligently, with the utmost caution, and in compliance with all legal regulations, rules, and any warnings and precautions suggested by the Lessor; • wear an approved helmet while driving the Vehicle, and require the passenger to wear an approved helmet as well; • ensure that the Driver complies with the obligations mentioned above and be responsible to the Lessor for any actions of the Driver; • diligently safeguard the Vehicle, along with the provided equipment, and comply with all legal regulations; • perform regular maintenance; • pay any fines and penalties incurred during the rental period and reimburse the Lessor for any expenses, including legal expenses, incurred due to or in connection with the rental and any related disputes; • pay for parking fees or toll charges during the rental period; • hold the Lessor harmless from any claims made by third parties for damages suffered by or caused to transported goods or any items found in the Vehicle; • indemnify the Lessor from any claims or demands made by third parties for damages suffered by them or their property, relating to the present rental; • reimburse the Lessor, upon presentation of an invoice, for any expenses, including legal expenses, incurred by the Lessor to obtain compliance with monetary obligations, such as unpaid toll fees, and authorize the Lessor to charge these amounts, increased by additional legal expenses, to their credit card; • return the Vehicle in order and in the same condition as at the time of rental. Any damage to the Vehicle will be assessed upon return, and the corresponding restoration costs will be charged to the Renter. It is understood that if, at the Renter’s request, the return of the Vehicle and its keys is authorized by the Lessor during a different time than agreed upon, the rental will terminate on the date and time agreed upon in the Contract; • personally operate or use the Vehicle and not transfer, free of charge or for consideration, or for any reason, the use of the Vehicle to third parties unless they are designated as Drivers in the Contract. In particular, the Customer must not: • use the Vehicle for commercial purposes, any type of competition, sporting or non-sporting, or for route testing, races, speed competitions or trials, towing other vehicles or trailers, transporting fuels, flammable, explosive, or corrosive materials; • allow the use of the vehicle by persons other than the authorized driver; • use, even through third parties, the Vehicle for paid transportation of people or goods; • sublease or rent out the Vehicle, including with a driver, or allow the subleasing or renting of the Vehicle; • transport animals, substances, or any other item that, due to its condition or odor, may damage the Vehicle and/or delay its re-rental; • perform any repair work on the rented Vehicle without the written consent of the Lessor; • use the Vehicle and ensure that the Driver does not operate the Vehicle under the influence of drugs, narcotics, alcohol, intoxicants, or other substances that impair the ability to understand and react; • use the Vehicle and ensure that the Driver does not use the Vehicle for illegal purposes; • use the Vehicle and ensure that the Driver does not use the Vehicle in prohibited areas and in restricted traffic zones and their access or service areas; • allow a Driver who has provided false information about their age, name, or address to use the Vehicle. If the Customer uses the Vehicle for more than 30 days, they are personally responsible for notifying the motor vehicle department in accordance with Articles 94, paragraph 4-bis, and 247-bis, paragraph 2, letter B) of Legislative Decree no. 495/1992, and for bearing any associated expenses and fees. With the Customer’s specific authorization, the Lessor may directly handle this obligation and charge the respective fees and costs to the Customer.
Driving Abroad.
Unless otherwise agreed in writing, the Vehicle may only be driven in Italy.
Liability.
After the delivery of the Vehicle, the Lessor assumes no responsibility for deficiencies, malfunctions, or other defects of the Vehicle that were not identified during the inspection on the evening of the handover, unless such issues are due to their gross negligence or non-compliance. The Lessor cannot be held responsible towards the Customer, the driver of the Vehicle, and/or their passengers for damages of any nature that they may suffer due to the Vehicle’s malfunction or road accidents. The Lessor shall not be liable for any damages resulting from these circumstances caused to individuals or property inside the Vehicle. Furthermore, the Lessor shall not be responsible for any events occurring after the delivery of the Vehicle that are beyond their control and partially or completely render the use of the Vehicle impossible. Examples of such events include but are not limited to illnesses or other impediments affecting the Customer or the Driver, inability to use the Vehicle due to accidents involving the Customer or the Driver, even if caused by third parties and covered by insurance, natural disasters, pandemics, limitations imposed by the law or competent authorities, strikes, theft, riots, wars, force majeure, and fortuitous events, etc. Objects left by the Customer/Driver in the Vehicle will be considered abandoned, and the Lessor is not obliged to store or return them. The Customer waives any claims against the Lessor for any damages suffered by them or third parties resulting from the use of the Vehicle, loss or damage to the Driver’s property left in the Vehicle, or damages or inconveniences arising from delays in the delivery of the Vehicle, breakdowns, unforeseen events, and any other causes beyond the Lessor’s control.
Express Resolutory Clause.
The violation of even a single obligation stated in Article 14 of the General Contract Conditions authorizes the Lessor to terminate the contract pursuant to Article 1456 of the Civil Code and claim compensation for damages suffered.
Withdrawal and Penalty.
If the Customer has made a reservation for the Vehicle through the Lessor’s website/app or through thirdparty platforms or by phone with the Lessor or its representative, it is possible to exercise the right of withdrawal within 14 days from the reservation date by following the appropriate procedure specified on the booking website/app or by sending a communication via email or registered mail with return receipt to the Lessor’s contact information. It is understood that the Customer will be liable to pay a penalty: a) equal to 50% of the total rental cost if the withdrawal is communicated within 7 days before the scheduled pick-up date; b) equal to 80% of the total rental cost if the withdrawal is communicated after that deadline and, in any case, at least 5 days before the scheduled pick-up date; c) the full amount agreed upon for the rental if the withdrawal is communicated 24 hours before the agreed-upon date for the Vehicle’s pick-up.
Vehicle Tracking.
The vehicle may be equipped with geo-location systems and detection devices to locate it in case of theft or failure to return it to the rental office or in the event of an accident or mechanical breakdown.
Applicable Law and Exclusive Jurisdiction.
This Contract is governed by Italian law. For any disputes regarding the validity, interpretation, execution, or termination of this Contract, the exclusive jurisdiction shall be the Court of Como.
Final Clauses.
In the event of a conflict between the clauses of the General Contract Conditions and the Contract, the provisions of the Contract shall prevail. In case of a conflict between the Italian version of the General Contract Conditions/Contract and the corresponding English version, the Italian version shall prevail, as the English version is a mere translation. Any modification or integration of the Contract, to be effective, must be made in writing and duly signed. The partial or total nullity of one or more clauses of the Contract does not affect the validity of the remaining provisions. In such an event, the Lessor and the Customer shall agree to replace the null clauses with valid provisions of equivalent or similar content, aimed at achieving the contractual objectives, unless they are essential clauses.
Domicile and Communications.
The Customer declares to have chosen their domicile at the address provided to the Lessor in the Contract. Unless otherwise indicated, contractual communications will be made to the email address provided by the Customer. The Lessor declares to receive communications at the following contacts: email: freelylakecomo@gmail.com, mobile: +39 340 791 6601 / +39 348 1175371.
Personal Data Processing.
The Lessor undertakes to comply promptly with the obligations arising from the legislation on the protection of personal data (GDPR 679/2016 and Legislative Decree 196/2003 as amended by Legislative Decree no. 101 of 2018). The personal data of the signatories of the Contract, as well as of third parties involved in the Contract’s management and any other interested parties discovered during the execution of the Contract, will be processed in compliance with the rights of the data subjects as set forth in Articles 15-20 of GDPR 679/2016 and in accordance with the following. Personal data will be processed solely for the purpose of fulfilling this Contract, to comply with legal obligations related to it, for operational or managerial needs, as well as to provide news and information related to the activities carried out, including to third parties. Within the scope of these purposes, personal data may be disclosed to third parties, such as public authorities (including the judiciary), consultants, and external service providers that the Lessor may rely on in the execution of the activities provided for by the Contract, such as accountants, auditors, labor consultants, and lawyers. The processing of personal data for the aforementioned purposes is necessary for the performance of the Contract. The personal data thus disclosed will be retained by the receiving party for the time necessary for the execution of the contract and, thereafter, for the duration of the applicable statute of limitations. The Lessor will not process or use personal data for purposes other than those necessary for the performance of the Contract, nor will they process personal data for their own purposes. Annex 1 – COST OF THE LEASE Half day 79€ + vat Full day 99€ + vat 2 days 190€ + vat 3 days 280€ + vat Annex 2 – RETURN CHARGES Penalties for non-compliance – 200€ – 3.500€ Penalty for undeclared accident- 400€ – 5.000€ Charges advanced by the Lessor- 100€ – 2.000€ Contraventions and sanctions anticipated by the Lessor – 200€ – 2.000€ Technical expertise for damage calculation – 80€ – 560€ Other Charges – 100€ – 700€ Expenses for handling claims/parking payments and fines – 80€ – 400€
WITHHOLDING PAYMENT IN THE EVENT OF CANCELLATION OF THE SERVICE
Up to 7 days before the booked date- 50% During the 5 days before the booked date – 80% Within 24 hours before the booked date – 100%
DAMAGES PENALTY
Helmet- 180€ Top case plate – 80€ Top case – 100€ Charger – 250€ Indicator – 80€ Front shield – 400€ Key – 200€ Wheel – 200€ Air vent – 180€ Wood shell – 350€ Saddle – 500€ Plate – 300€ Mirror – 65€ Battery – 750€ Motorcycle stand – 50€ Shock absorber – 350€ Lights – 300€ Brakes – 300€ Dispaly – 200€ Mudguard/mudflap – 80€ Knob – 30€
RETURN CHARGES in case of delay (penalty)
15 mins delay – 25€ 20 mins delay – 45€ 30 mins delay – 65€ 1 hour – 100€ Above the hour – 200€ Every hour of delay more – 150€
