1.1 Biker Up Europe Srls (“Biker Up“), with registered and operational headquarters in Rome (RM) at Via Antonio Garbasso 10 – Italy, registered with the Italian Business Register (REA n. RM – 1565835) VAT: 15048351009, CF 15048351009 is a company that allows online booking, through its own web platform www.bikerup.eu (“Platform“), of customized motorcycle rental packages. The user (“Customer” or “Client”) who configures and confirms an online reservation through the functions of the Platform dedicated to it, has the possibility to choose the places of collection and redelivery, the time duration, the motorbike, the accessories, the services and / or the extra options (“Rental Package“). The purpose of Biker Up is to establish a commercial relationship between the companies (“Charterer“) that deal with the rental of motorcycles and the Customer through the online publication of motorbike rental offers throughout the national and international territory.
1.2 The terms and conditions reported in this document are of a general nature and the only ones to regulate the relationship between Biker Up and the Customer. The relationship between the Customer and the Charterer will be governed by another separated contract (“Rental Contract“, see point 8.1 and following) of which Biker Up’s affairs cannot be held in any way responsible.
2. Agreement on terms and contractual conditions
2.1 Following the completition of the online booking (“Booking“) the Customer accepts all the Terms and Conditions reported in this document and the provisions about the processing of personal data by Biker Up, which can be consulted on the web page www.bikerup.eu. Together with the booking, the client declares that he has also read the contractual conditions prepared by the Charterer and the relative provisions about the processing of personal data. The Charterer will receive an e-mail notification of a motorbike’s reservation and will be sent to him all the data provided by the Customer at the time of booking.
2.2 The interpretation of this document must be according to the criteria set out in articles 1362 et seq. of the Italian civil code. In order to obtain clarifications and information regarding the terms and conditions reported in this document, the Customer may write to the e-mail address email@example.com. Regarding the contractual conditions prepared by the Charterer, Biker Up is not entitled in any way to provide any information. Infact Biker Up can exclusively provide the Client with the references of the Charterer.
2.3 These terms and conditions are drafted in Italian and in English. In case of any discrepancy between the texts in the two languages or doubts about their interpretation, the text in Italian language should be considered as prevalent.
3. Availability of the motorbike at the time of booking.
3.1 The availability of the motorbikes, accessories and services connected with it, is determined by the Charterer registered with the Platform who will upload the relevant information and will be solely responsible for their correctness, truthfulness and topicality. Among information which the Charterer make available, there will be also information about vehicle’s insurance coverage.
3.2 Biker Up will be solely liable for the correct functioning of the Platform, but will not be liable for the information made available by the Charterer through it.
3.3 The Charterer will be considered as the only one liable for all the information entered on the Platform by itself and it will be considered the only one that should provide the eventual compensation in favor of the Customer.
4. Inaccuracies or lack of information.
4.1 The charterer will be considered liable of uploading on the Platform of all information which the Customer can use for the configuration and Booking of a Rental Package: availability of vehicles, opening days and times, accessories and options available, prices, terms and contractual conditions.
4.2 Biker Up could not guarantee that all the information submitted by the Charterer are updated at the time of Booking. Therefore, in any form or for any reason, it could not be considered as liable for any errors or lack of update of above mentioned information.
5. Online booking.
5.1 At the time of Booking of Rental Package made through the Platform, the Customer will pay an amount, as fee of the brokerage carried out by Biker Up, equal to 30% of the total price of the configured Rental Package (“Fee“). The exact amount of the Fee can be viewed on the Platform at the time of booking.
5.2 At the time of collection of the motorbike, the Customer will pay to the Charterer an amount equal to the total price of the booked Rental Package less the amount already paid as Fee (“Balance“). The methods of payment of the amount due to the Charterer will be specified in the Rental Agreement.
5.3 The Booking is completed through the online payment, by credit card, of the Fee.
5.4 With the accomplishment of the Reservation the Customer accepts the policy and the conditions of modification and cancellation of the Reservation (see point 6.1 and following).
5.5 Following the online payment, the Customer will receive an e-mail with a reservation receipt (“Booking Reminder“). On the receipt the Client will find the details of the Reservation including the address and all contact details of the Rent Point where collect and return the bike. The Booking Reminder will permit to the Customer to verify the features of motorbike and accessories. If the motorbike given by the Charterer is not in comply with the features mentioned in Booking Reminder, The Client could request another motorbike – unless the vehicles will be available and without price changes – with equal or greater value than those booked. The Client can also decide to deny the signature of the rental contract. In this case, if The Client will not sign the contract, he will cannot have compensation of money that he has already paid at the time of booking.
5.6 The Booking Reminder is not valid as a Rental Contract but it only certifies a booking of the motorbike (and any accessories, services and options) with the Charterer.
5.7 For any particular need about collecting or returning of the motorbike (for example: special needs for organized groups, special medical needs or other special services) the Customer must contact the Charterer directly through the contacts indicated on the Booking Reminder.
6. Modification or cancellation of the reservation
6.1 The Customer can request the modification of his Reservation exclusively by sending a written request to the e-mail address firstname.lastname@example.org. The modification of the reservation is possible only until there are at least 48 (forty eight) hours to the beginning of the booked rental (it will be considered as relevant the date and time of receipt of the change request).
6.2 Modification of the Reservation is possible only for the dates and times of departure and return of the motorbike and is subject to actual availability on the Platform at the time of the receiving request. Any changes made to the Reservation will be confirmed and communicated through e-mail both to the Customer and the Charterer. If the change is not possible for any reason, the Customer will have no right to a refund of the amount already paid at the time of the Booking.
6.3 In order to activate the changes of the Booking (if possible), the Customer will be forced to pay to Biker Up any additional prices (if applicable) resulting from the requested changes. In case of any change made to the Reservation by the Platform following the request of the Client, the lattest will have not title for requesting of money already paid at the time of the original Reservation.
6.4 Any modification of the reservation agreed between the Client and the Charterer will never involve modifications of the Reservation registered on the Platform and will not involve any compensation of money already paid by the Customer at the time of the Booking.
6.5 The Customer could cancel the Booking solely by sending a written request to the e-mail address email@example.com. Cancellation requests received after the return date indicated in the Booking will not be taken into consideration (it will be considered as relevant the date and time of receipt of the cancellation request). However, in case of cancellation of the booking, The Client will have not title for requesting compensation of the amount already paid at the time of Booking.
6.6 If the Customer will not be present at the Rent Point on the day (and at the scheduled time) of the beginning of the rental (No-Show), The Client will have not title for requesting compensation of the amount already paid at the time of Booking.
6.7 In any case, The Platform will not take into consideration requests of modification, cancellation or information about reservation received by an e-mail address different from that one issued by the Customer at the Booking.
7. Changes at the pick-up time (rental beginning).
7.1 At the pick-up time (rental start), the Customer could ask to the Charterer, subject to availability of the vehicles and taking charge of any price changes, to replace the model of the motorcycle indicated in the Booking Reminder.
7.2 The Customer’s choice of a motorcycle, accessories, services and options different by the choice issued in the Booking Reminder will never entail any compensation of the amount already paid at the time of booking.
8. Rental Agreement.
8.1 The rental contract is agreed between the Customer and the Charterer at the motorcycle pick-up time and following the clarification of the Customer’s identity made by the Customer. Following the sign of Rental Agreement, the Customer establishes the beginning of an exclusive relationship with the Charterer and accordingly accepts the specific rental terms and conditions stated in the above mentioned contract.
8.2 In light of the Booking, the Client has adopted all the requirements (driving license, minimum fixed age, money caution, etc.) requested by the Charterer in order to close the Rental Contract. In the case of which the above mentioned requirements will not be checked at the time of collection, the Client and the Charterer will have the right to agree (unless the vehicles will be available) for the rental of a vehicle, possibly different from the one indicated on the Booking Reminder, which is compatible with the characteristics of the Customer, or alternatively modify the rental by mutual agreement and in a completely private manner. If the conditions for adopting one of the aforementioned alternative solutions are not present, the Charterer will have the right to refuse the provision of the booked Rental Package. In any case, no refund will be due to the Customer for what has already been paid at the time of booking.
8.3 Should for any reason the Client and the Charterer not enter into the Rental Agreement, the Customer shall not be entitled to receive any reimbursement of the amount already paid at the time of the relevant booking.
8.4 Any liability for fines or penalties issued by the police or any other local police during the rental period of the motorcycle shall be governed in accordance with the relevant provisions of the Rental Agreement.
8.5 The Rental Agreement shall include provisions regarding the place, the day and the time scheduled for the return of the vehicle and any consequences of the Customer’s failure to comply with such provisions.
8.6 For any issue that should occur during the rental period, including road accidents, thefts or malfunctions of the motorcycle or of the rented accessories, the Customer must contact the interested Renter following the instructions and using the contact details set forth in the Rental Agreement.
8.7 The Rental Agreement shall contain, among other things, the indication of rules of conduct and behavior to be complied with during the use of the rented motorbike; such rules shall be accountable exclusively between the Customer and the Charterer.
9. Using Discount / Voucher Codes
9.1 At the time of the relevant booking, the Customer may use Discount Codes, also in the form of Vouchers, issued exclusively by Biker Up or by other authorized commercial partners and which have been made public in accordance with the information activities referred to in point 9.3.
9.2 The code entered by the Customer in the appropriate field at the time of the relevant booking provides a percentage discount on the total price of the configured Rental Package.
9.3 The validity and entity of Discount Codes or Vouchers are regulated and communicated to the Customer by Biker Up through specific information activities relating to exceptional and limited promotional campaigns.
10. Limitations of liability.
10.1 With the Reservation, the Customer and the Charterer undertake to respect what is reported in the specific receipt. It is therefore the responsibility of the Lessee to provide the Customer with the reservation through the Platform.
10.2 Biker Up is in no case responsible for the type, quality and quantity of services offered by the Charterer.
10.3 Biker Up is in no way held to be liable in any way if the Charterer refused to provide the Customer (in whole or in part) with what it has been booked through the Platform.
10.4 The Customer is responsible for the payment of the Balance for a Rental Package other than the one booked, as well as for the additional accessories, services and options, privately agreed with the Charterer.
10.5 Payment of the Reservation occurs through external payment channels and platforms. Biker Up is therefore not responsible for any problems related to payment procedures carried out through the aforementioned channels or platforms.
10.6 With the completion of the Booking on the Platform the Customer declares to have a legally suitable age for the stipulation of a contract.
10.7 Biker Up is in no case liable if the Charterer refuses to provide the Customer with the information on the Booking Reminder due to the lack of documents or the minimum requirements of the Customer for the management of the chosen motorbike (see point 8.2).
10.8 Biker Up acts as a communication channel for the Charterer who manages and makes its vehicles available on the Platform. Therefore, Biker Up does not consider itself responsible for the non-fulfillment (even partial) of the Charterer with regard to the supply to the Customer of the amount booked online on the Platform.
Last update: 04/01/2021