Rental Terms & Conditions
By proceeding with your rental, you (the “Renter”) acknowledge that you have read, understood, and agreed to the following Terms and Conditions (“Terms”). These Terms outline the rules, responsibilities, and liabilities associated with renting a vehicle from Affitto Motors (the “Company”).
Please review carefully before confirming your rental.
Definitions.
"Vehicle" means the motorcycle/scooter identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents.
“Rental Period” means the period between the time Renter takes possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.
Authorized Drivers and Age Requirement. Only Authorized Drivers are permitted to operate the Vehicle. “Authorized Driver” means:
(a) the renter and the renter’s spouse;
(b) any additional driver listed by us on this Agreement; and
(c) any other person who is defined as an “authorized driver” under 625 I.L.C.S. 27/10.
Each Authorized Driver must possess a valid operator’s license appropriate for the type of vehicle rented and must be at least 23 years of age. By entering into this agreement, Renter affirms that all Authorized Drivers meet these requirements. The rental company reserves the right to verify eligibility and may refuse or terminate the rental if these conditions are not satisfied.
Condition of the Returned Vehicle and Optional Extras. Renter must return the Vehicle to our rental office or other location we specify, on the date and time specified in the confirmed booking, and in the same condition that Renter received it, except for ordinary wear. If Renter wishes to extend the Rental Period, Renter must submit the request in the customer portal online before the due‐in date. If the Vehicle is returned after closing hours, Renter remains responsible for the loss of, and any damage to, the Vehicle and extras until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the
rental must have our prior approval. Renter must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented.
Repossession. By agreeing to these Terms, Renter acknowledges that we may repossess the Vehicle at Renter expense without notice to Renter, if the Vehicle is abandoned or used in violation of law or this Agreement.
Responsibility for Vehicle Damage or Loss; Reporting to Police. Renter is responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Subject to the law in the jurisdiction where the Vehicle was rented, the Renter’s responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value (Defined below); (b) Loss of Use (defined below), which is measured by multiplying Renter’s daily rental rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which Renter agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which Renter agree is reasonable: $0‐$250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐750 damage=$100 fee; $751‐1500 damage=$150 fee; $1501‐2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. Renter must report all accidents or incidents of theft and vandalism to us and the police as soon as the Renter discovers them. The Renter’s responsibility for loss or damage to the Vehicle, excluding theft, will not exceed $20,000 for incidents occurring before June 1, 2024. Beginning June 1, 2024, and on each subsequent June 1, this maximum amount will increase by $500. For loss due to theft, the Renter is liable up to a maximum of $2,000, unless the Renter fails to exercise ordinary care while in possession of the Vehicle or is involved in the theft (whether by commission or assistance), in which case the Renter is liable for the full fair market value of the Vehicle.
“Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party estimate obtained by us or on our behalf.
"Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees.
Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or non‐prescription drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or disconnected; (i) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect Renter to know that further operation would damage the Vehicle; (j) to commit a willful, wanton or reckless act; (k) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (l) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials that we provide to Renter at the time of rental.
Insurance. Renter is responsible for all damage or loss caused to the Vehicle and to others. Renter agrees to provide liability, collision, and comprehensive insurance covering Renter, us, and the Vehicle.
We may also provide an insurance policy (“Policy”) that covers automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Insurance can be obtained from MBAmotorcycle.com using our Owner’s policy number: 01A203215. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess, or contingent.
The insurance policy includes certain exclusions, conditions, and limits that apply to anyone making a claim. Both the Renter and the rental company agree to reject personal injury protection (PIP), medical payments, no-fault, and uninsured/underinsured motorist coverage. If the law requires any of these coverages despite the rejection, only the minimum amount required by law will apply.
Renter must: (a) report all damage to us and all accidents to us and the police as soon as Renter discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if Renter give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if Renter fail to cooperate
in a loss investigation or to file a timely and accurate incident report.
Charges. By accepting these Terms, the Renter allows us to either place a hold (called a "Reserve") on their credit or debit card, or collect a cash deposit (a "Deposit") at the start of the rental. We may use the Reserve or Deposit to cover any costs or fees ("Charges") related to the rental. Once the rental ends, we will release any remaining Reserve or refund any unused Deposit. However, how quickly the funds are returned depends on the Renter's card issuer, and it might take some time for the funds to appear back in their account.
The Renter agrees to pay us—or any relevant government authorities—all Charges at the end of the rental or when asked, whichever comes first, including:
(a) time and mileage for the period during that Renter keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services Renter purchased; (d) fuel, if Renter return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) Tolls, parking, and traffic fees, fines, and penalties (collectively, “Violations”) assessed against us or the Vehicle; if we are required to pay the charging authority for Violations, Renter will reimburse the amount that we pay, plus our administrative fee of up to $50 for each of the Violations; (g) all expenses we incur in locating and recovering the Vehicle if Renter fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from Renter or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if Renter pay us with a check returned unpaid for any reason; (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up to $150 if Renter lose the keys to the Vehicle.
All Charges are subject to our final audit. If errors are discovered after the close of this transaction, Renter authorizes us to correct the Charges with the payment card issuer.
Cancellation. Cancellations made more than 24 hours before the reservation start time will receive a full refund with no service charge. Cancellations made less than 24 hours before the reservation start time will be subject to a $60 service charge. All cancellation requests must be submitted through the customer portal on our website.
Personal Property. Renter releases us, our agents and employees from all claims for loss of, or damage to, their personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
Personal Information. Renter agrees that we may disclose personally identifiable information about them to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where Renter rented the Vehicle.
Assumption of the Risk. Renter understands that they are participating in an activity that involves potential risks to themselves and others, including the risks of death, serious bodily injury, and property damage. Renter is responsible for the safety of themselves and any guests they may have with them in the Vehicle.
Renter hereby states that, to the best of their knowledge, they are in good physical and mental condition. Renter voluntarily assumes all risks of accident or damage to their person or property that may arise from, or be in any way connected with, their use, operation, or rental of the Vehicle.
No Warranties. The Vehicle is provided to the Renter on an “as-is” basis and without any warranty, express or implied. We expressly disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Vehicle is free from defects or suitable for any specific use. The Renter assumes full responsibility for inspecting the Vehicle prior to use and for determining its fitness for the intended purpose. Nothing in this clause shall be construed to waive or limit any non-waivable rights provided to consumers under applicable Illinois or federal law.
Release and Indemnification. Renter hereby releases us from all claims, demands, actions, and all liability for damage, loss, or injury (of whatever kind, nature, or description) that may arise out of, or be sustained by them, in connection with their use, operation, or rental of the Vehicle.
Renter further agrees to indemnify and hold us harmless from all claims, demands, actions, causes of action, including attorney’s fees, expenses, and costs, whether brought by themselves or third parties (of whatever kind, nature, or description), which may arise out of, be connected with, or be caused by their use, or the use by their guests or agents, or the operation or rental of the Vehicle. This release and indemnification shall be binding upon the Renter’s heirs, administrators, executors, and assigns.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles.
Arbitration. Any dispute, controversy or claim arising out of or related in any way to this Agreement or any services performed hereunder which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the (American Bar
Association) in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of arbitrators sitting in Cook County, Illinois. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.
Waiver: Rights Cumulative. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
Headings. The headings of the Sections hereof are for reference purposes only and shall not affect the interpretation of any of the terms and conditions set forth herein.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. An executed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to be as effective as an original signed copy.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
Entire Agreement; Modifications. This Agreement, together with any exhibits, schedules, or other documents referenced herein, supersedes any and all agreements, either oral, written, electronic, or otherwise, between the Parties with respect to the rendering of services by Contractor for Client and contains all of the representations, warranties, covenants, and agreements between the Parties with respect to the rendering of those services. Each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. Any modification of this Agreement will be effective only if it is in a writing signed by an authorized representative of the Party to be charged.
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