Terms and conditions

Terms and conditions

S.K.M. S.R.L. P. VAT: 04966390827 – PEC: skm@kefapec.it
Via della Libertà, 56 – 90143 Palermo (PA)
Tel: +39 091 6262447 | eMail: info@skm-italia.it


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TO READ THE GENERAL TERMS AND CONDITIONS OF THE“AFFILIATE PROGRAM AGREEMENT”

GENERAL RENTAL CONDITIONS

S.K.M. Srl (hereinafter referred to as “The Company”) grants motorcycles for use to the customer (hereinafter referred to as Customer) in accordance with these General Conditions, which form an integral part of the Contract.

Foreword

A prerequisite for driving a vehicle is to hold a valid driver’s license for the type of vehicle and be over 24 years old. The vehicles are equipped with an anti-theft device and on-board tools, and can be equipped with side cases or a rear top case upon request. The amount of the security deposit specified in the Contract (hereinafter “Deposit”) shall be paid by cash or credit card. The Deposit will be returned within 8 days after the return of the motorcycle after offsetting against any debts of the Client.

1. Delivery and redelivery

Vehicles are delivered to the location communicated at the time of booking and must be returned to the chosen drop-off location on the date and time specified in the contract. Vehicles are delivered in good condition and working order. In order to prevent subsequent disputes, the Customer is required to check the condition of the vehicle and should make any observations about the condition of the bodywork or mechanic verbally or, better, in writing.
THE COMPANY reserves the right to terminate the contract and repossess the vehicle at any time, at the Customer’s expense, if the vehicle is used in violation of Article 5 below or if there are accounting/administrative/judicial anomalies (non-payment, credit card theft reports, reports from the Judicial Authority, etc.). It is expressly forbidden to return the vehicle during the closing hours of the receiving station and, in any case, the vehicle must be delivered into the hands of a designated person by prior arrangement with THE COMPANY.

2. Damage, theft, fire to the vehicle

However, the Client shall be held directly liable to the owner of the motorcycle, in the event of theft and/or fire of the motorcycle and for all damages caused and/or suffered to/from the motorcycle during the period of use, even if dependent on theft and/or fortuitous event. In these cases the Client’s liability is conventionally limited to an amount equal to the Deposit provided:

1) the damage, theft and/or fire were not caused by the Customer’s willful misconduct and gross negligence;

2) the Customer has immediately reported the matter to the competent authority and to THE COMPANY (with return of the keys and vehicle documents to the latter);

3) the Client has strictly observed Art. 5 of these general conditions.

3. Charges

The Customer shall pay or reimburse THE COMPANY, upon its notice, directly by credit card charge the amount:

(a) of time and mileage charges calculated according to the rates specified in the contract or according to the rates in force; the minimum charge is twelve hours of use. Any delays in returning more than 90 minutes first, will result in the charge of an additional day – 24-hour rate – for each day or fraction of a delay; in case of violation of the last paragraph in Art. 1, the time charge will be calculated as if the redelivery had occurred on the date the receiving station reopened;

(b) of charges in case of damage, theft and/or fire according to the rates specified in the letter or according to the rates in force, if any;

(c) Of any charges for damages or reimbursements under Article 2 above;

d) of the charge of Euro 25.00 per missing fuel, including the operating costs of the service, if the Customer does not return the vehicle with at least the same amount of fuel provided at the time of delivery;

(e) of the charge for failure to return the vehicle to the station of departure, including transportation or towing costs and reimbursement of expenses for the recovery of the vehicle, except in the case of mechanical failure attributable to the Motorcycle Manufacturer;

(f) of any taxes applicable to the contract or the amount of such taxes charged by THE COMPANY by way of reimbursement of the same; of the costs incurred for late payment of the amounts;

(g) of any fines, penalties, court costs, or others, imposed on THE COMPANY or the Owner, and related operational costs of debt collection, arising out of the use of the vehicle while in use except for administrative or legal costs attributable through gross negligence to THE COMPANY, in which case, however, the Customer, or any other person, shall not be relieved from direct liability to any authority for his or her own illegal conduct;

(h) The Customer shall also be liable, in addition, to pay a sum by way of interest corresponding to the official discount rate plus five percentage points, calculated on a daily basis. The customer will also be liable, again for the recovery of debts, to pay all legal costs both judicial and extrajudicial incurred by THE COMPANY in recovering what is owed to it.
If the Customer uses a credit card, he/she agrees that the charges and any incidental charges mentioned above, upon written notice and justification of the amounts, including by e-mail/fax/SMS, will be made on his/her credit card.

4. Limitation of liability of the Company and the vehicle owner

To the extent permitted by law, THE COMPANY and the Owner shall not be held liable, and the Customer waives for himself or herself and his or her heirs or assigns any and all claims against them, for any damage suffered by the Customer or any third party resulting from the use of the vehicle or for loss of or damage to property belonging to the Customer left in the vehicle or for damage or inconvenience resulting from delay in delivery, breakdown, or any other cause beyond the control of THE COMPANY or the Owner.

5. Conditions of use

The customer shall guard and use the vehicle with due diligence, have a protective helmet (mandatory) and the appropriate clothing.
In addition, the Customer shall not allow the vehicle to be used:
(a) for the transportation of people and/or goods for commercial purposes;
(b) to push or pull vehicles, trailers or other things;
(c) in competitive races and trials on circuits and facilities equipped or trails open to the public;
(d) by the Client or Driver, or other person. under the influence of alcohol, hallucinogenic drugs, narcotics, barbiturates or any other substance that impair consciousness or the ability to react;
(e) in violation of any customs, traffic or other regulations;
(f) by a person other than the Customer unless such person has been indicated in advance in the contract and authorized by THE COMPANY;
(g) outside Italy without the authorization of THE COMPANY and without the appropriate additional insurance, if required;
(h) to take the A license exam, as there is an appropriate contract;
Renting or using the motorcycle to third parties in any form is strictly prohibited.
The customer is required to use all anti-theft devices with which the vehicle is equipped whenever the vehicle is parked and abandoned, even if in enclosed places and guarded areas.

6. Liability insurance under Article 2054 of the Civil Code.

THE COMPANY shall provide insurance coverage for third-party liability arising out of the operation of the vehicle pursuant to Article 2054 of the Civil Code to those who use the vehicle, subject to contract or written authorization of THE COMPANY (and not in other cases) (hereinafter “Third Party Liability Policy”). The Third Party Liability Policy does not operate in case of damage caused by the driver of the vehicle with malice or gross negligence. The Customer accepts and acknowledges the Third Party Liability Policy as adequate and agrees to indemnify and hold harmless sine die THE COMPANY and the Owner against all claims and for all damages in excess of and not included in the insurance coverage of the Third Party Liability Policy. The customer can, upon request, view the contents of the relevant policy.

IMPORTANT. Not covered by the Third Party Liability Policy, and shall therefore be borne by the Customer without limitation, are all damages caused to motor vehicles owned by THE COMPANY and other than the one in use by the Customer as well as all damages caused to the drivers of such vehicles.

7. Claims

Any claim must be reported to THE COMPANY within 12 hours. The customer shall solicit the intervention of the competent Authority (whenever possible and always in the presence of bodily injury to himself/herself, to the passenger (if any) and/or to third parties), shall immediately file a complaint with the competent Authority when necessary (e.g. in case of theft and/or damage) and send a copy of the complaint to THE COMPANY within 12 hours of the reported fact. A “claim report” form, attached to the vehicle documents, must be completed in the event of a claim and given to THE COMPANY upon return of the vehicle. The Client must obtain data on witnesses and other vehicles involved or, otherwise, obtain all necessary and possible information to the determination of responsibility in the accident that occurred. The Client agrees to cooperate with THE COMPANY and the Owner and their insurers in any investigation or legal proceedings.

8. Faults, damage

In case of technical failures of the vehicle, not attributable to the Customer, which preclude the possibility of continuing the trip THE COMPANY will, if possible, replace the vehicle. In case of impossibility, THE COMPANY will refund the portion of the fee related to the remaining period of non-use of the vehicle. The above reimbursement and replacement are excluded in case of failure and damage to parts not covered by insurance. The Customer is required to report the incident to THE COMPANY by following the directions attached to the vehicle documents. The Client shall not make any decisions unless specifically and expressly authorized by THE COMPANY. Abandoning the vehicle and going outside Italy without authorization will result in the loss of any possibility of using the courtesy service that may be provided and THE CUSTOMER will be required to reimburse THE COMPANY for all charges, direct and indirect, related to the recovery of the vehicle. The Customer shall not be entitled to reimbursement of expenses for repair of the vehicle unless authorized in advance by THE COMPANY. In case of punctures c/o tire damage, the customer is required to replace, at his or her own expense, the damaged tires. Return of the vehicle with repaired tires is not allowed.

9. Bonds in Solid.

A person who signs this contract in the name and on behalf of another person and/or Company shall be jointly and severally liable with his or her representative for the obligations undertaken to THE COMPANY.

10. Jurisdiction and language

In case of disputes the competent court will be exclusively that of Palermo. The Italian language text will prevail in case of conflict over the text translated into other languages.

AFFILIATE PROGRAM OPERATING AGREEMENT

Updated on: February 14, 2024
Welcome to the RentPalermo.it website where, through registration, you can manage your affiliate marketing relationship with RentPalermo.it
Translations are available in Italian and English. In case of discrepancies between translations, the Italian version will prevail.
Any natural or legal person who participates or intends to participate in our affiliate marketing program (hereinafter the “Affiliate Program” and such natural or legal persons, identified hereinafter as “you,” or an “Affiliate”) must agree to this Affiliate Program (this “Agreement”) without modification. By registering with RentPalermo.co.uk as an Affiliate you fully accept this Agreement.

1. Description of the Affiliate Program
The Affiliate Program allows you to monetize your physical space at your facility, your website, your content generated on social media, (referred to herein as your “Space”), through the inclusion of advertising information and links/QR Codes that link back to your “Affiliate Link.”
When our customers click on or activate the “Affiliate Link” to purchase services offered or an item sold on the RentPalermo.co.uk Site you will accrue advertising commissions related to the purchases made that will be viewable within your Affiliate Area. In order to facilitate your promotion of such items or services, we may make available to you data, images, text, link formats, widgets, links, advertising content, and other tools related to the Affiliate Program. The Program expressly excludes any data, images, text or other information or content related to product offerings on sites other than the RentPalermo.it Site.

2. Affiliate Program Compliance Requirements.
You must comply with this Agreement in order to participate in the Affiliate Program and receive advertising commissions. You must promptly provide us with any information we request to verify your compliance with this Agreement.
If you breach this Agreement, we reserve the right to permanently cease (to the extent permitted by law) (and you agree that you are not entitled to receive) all advertising fees due to you under this Agreement, regardless of whether they are directly related to such breaches, without notice and without prejudice to any right in RentPalermo.co.uk to recover damages in excess of such amount.

3. Customers of RentPalermo.it
Our customers are not, by virtue of your participation in the Affiliate Program, your customers. With respect to the relationship between you and RentPalermo.co.uk, all prices, terms of sale, rules, policies, and operating procedures relating to customer orders, customer service, and sales provided on the RentPalermo.co.uk Site will apply to such customers and may be changed at any time. You will not handle or have any contact related to RentPalermo.co.uk’s products and services with any of our customers, and, if contacted by any of our customers regarding a matter related to interaction with the products sold and services provided by RentPalermo.co.uk, you represent that such customers should follow RentPalermo.co.uk’s contact directions for reporting customer service issues.

4. Guarantees
You declare, warrant, and agree that. (a) You will participate in the Affiliate Program and create, maintain and operate your Space in accordance with this Agreement, (b) neither your participation in the Affiliate Program nor your creation, maintenance, or operation of your Space will violate any law, ordinance, rule, regulation, order, license, permit, guideline, code of conduct, industry standard, self-regulatory rule, ruling, decision, or other requirement of any administrative authority that has jurisdiction over you (including all rules governing communications, data protection, advertising, and marketing), (c) you have legal standing to enter into contracts (e.g., you are not a minor or otherwise legally incapable of entering into agreements), (d) you have independently considered whether to participate in the Affiliate Program and are not basing your choice on any representation or warranty other than those expressly set forth in this Agreement, (e) the information you provide in connection with the Affiliate Program is accurate and complete at all times. You can update your information by logging into your account on the RentPalermo.it Site.
RentPalermo.co.uk makes no representations or warranties or agrees as to the amount of traffic or advertising fees Affiliate can expect at any time in connection with the Affiliate Program, and we will not be responsible for any action you take based on your expectations.

5. Identify yourself as an Affiliate
You must clearly and prominently state the following, or make a substantially similar statement, in your Space: “Partner RentPalermo.it.”

6. Duration and Termination
The term of this Agreement will run from the time of your registration as an Affiliate. Either you or we may terminate this Agreement at any time, for any reason (automatically and without recourse to judicial authority, if required by applicable law), by transmitting to the other party a written notice of termination provided that such termination shall be effective 7 calendar days from the date of mailing of the notice. You can transmit the withdrawal notice by sending a pec to RentPalermo.it at skm@kefapec.it.
In addition, we may terminate this Agreement or suspend your account immediately by giving you written notice for any of the following causes (a) You are in gross violation of this Agreement; (b) fails to remedy within 7 days of our notice regarding any other breach of this Agreement; (c) we believe that we may incur any claims or liability in connection with your participation in the Affiliate Program; (d) your participation in the Affiliate Program has been used for deceptive, fraudulent or illegal activities; (e) we believe that our brand or reputation may be compromised by you or in connection with your participation in the Affiliate Program; (f) we believe that we are or may be subject to tax collection obligations in connection with this Agreement or the activities carried out by each party under this Agreement; (g) we have previously terminated this Agreement (or suspended your account) with respect to you or other persons we have found to be affiliated with you or acting in concert with you for any reason, or (h) We have terminated the Affiliate Program as made generally available to participants.
We may retain unpaid accrued advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., in consideration of any cancellation or return).
Upon termination of this Agreement, all rights and obligations of the parties shall be extinguished, including all licenses granted in connection with this Agreement, except for the rights and obligations of the parties under Articles 3, 4, 5, 6, 7, 8, 10, and 11 of this Agreement and as specified in the Program Policies, together with any payment obligations due but unfulfilled under this Agreement, which shall survive the termination of this Agreement. No termination of this Agreement shall release either party from any liability for violations or liabilities accrued under this Agreement prior to termination.

7. Waivers of Liability
The affiliate program, the RentPalermo.it website, any products and services offered, any special links, link format, content, product advertising application program interface, product advertising content, our domain name and that of our affiliates, trademark and logo (including the RentPalermo.it), and any technology, software, functions, materials, data, images, text, and other intellectual property rights, information, and content provided or used by or on behalf of us or our affiliates or licensors in connection with the affiliate program (collectively referred to as the “service offerings”) are provided “as is” and “as available.” Neither we nor any of our affiliates or licensors make any representations or warranties of any kind, whether express, implied, statutory or otherwise, with respect to the service offerings. We and our affiliates and licensors disclaim all warranties with respect to service offerings, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranties arising from any law, custom, trade usage, operation, or trade practice. We may discontinue any service offering, or change the nature, functions, scope, or operation of any service offering, at any time and from time to time. Neither we nor any of our affiliates or licensors guarantee that service offerings will continue to be provided, that they will function as described, consistently or in any particular way, or that they will be uninterrupted, accurate, error-free, or free of hazardous components. Neither we nor any of our affiliates or licensors will be responsible for (a) any errors, inaccuracies, viruses, malicious software, or service interruptions, including power outages or system errors or (b) any unauthorized access to or alteration of, or deletion, destruction, damage to, or loss of, your site or any data, image, text, or other information or content. No advice or information you obtain from us or any other person or entity or through service offerings will constitute any warranty not expressly provided for in this Agreement. Furthermore, neither we nor any of our affiliates or licensors shall be liable for any compensation, reimbursement, or damages arising in connection with (x) any loss of future profits or revenues, anticipated sales, start-up expenses, or other benefits, (y) any investment, expense, or commitment by you in connection with your participation in the affiliate program; or (z) any termination or suspension of your participation in the membership program. Nothing in this Section 7 shall be used to exclude or limit warranties, liabilities, or representations that cannot be excluded or limited under applicable law.

8. Limitations of Liability
Neither we nor any of our affiliates or licensors shall be liable for indirect, incidental, special, consequential, punitive damages or any loss of revenue, profits, start-up expenses, operations, or data arising in connection with the service offerings, even if we have been advised of the possibility of such damages. In addition, our aggregate liability arising in connection with service offerings shall not exceed the total advertising fees paid or due to you under this Agreement during the six months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred. You waive any right or remedy in equity, including the right to seek specific performance, injunctive or other equitable relief in connection with this agreement. Nothing in this paragraph will be used to limit liability that cannot be limited under applicable law.

9. Manleva
To the fullest extent permitted by applicable law, we will not incur any liability for any matter directly or indirectly related to the creation, maintenance, or operation of your Space (including your use of any Service Offering) or your breach of this Agreement, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, appointees, directors, and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) related to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes, (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any material appearing on or in your site, (c) your use of any Service Offering, regardless of whether such use is authorized by or violates this Agreement or applicable law, (d) your violation of any term or condition of this Agreement (including any program policy), (e) your taxes and duties or the collection, payment, or failure to collect or pay your taxes or duties, or failure to comply with tax registration obligations or duties; or (f) the negligent or willful conduct of you or your employees or contractors. We or a person appointed by us may bring suit and perform any procedural act on behalf of any party to RentPalermo.co.uk, including by special mandate, to exercise or defend a legal cause of action or for the protection of rights, including for the purposes of enforcing this section.

10. Applicable Law and Disputes
Any dispute relating in any way to the Affiliate Program or this Agreement (including any actual or alleged breach), any transaction or activity under this Agreement, or your relationship with us or any of our affiliates will be subject to the applicable laws and disputes relating to the RentPalermo.co.uk Site.

11. Fees
Any fees and related obligations in any way due as a result of earnings from the Affiliate Program or this Agreement shall be the sole responsibility and liability of the Affiliate. A valid tax document (receipt/invoice or other equivalent document) must be sent to RentPalermo.co.uk for settlements of accrued advertising fees.

12. Additional Provisions.
From time to time we may send you emails related to the Affiliate Program. In addition, we will be able to (a) monitor, record, use, and disclose information about your Space and the users of your Space that we obtain in connection with your performance of Special Links and Program Content (e.g., the fact that a particular RentPalermo.co.uk customer clicked on an Affiliate Link from your Space before purchasing a product or service on the RentPalermo.co.uk Site, (b) review, audit, scan, and inspect your Space for compliance with this Agreement; and (c) use, reproduce, distribute and display your logo and implementation of the Program Content presented in your Space as an example of best practices in our information materials. For information about how we process personal information, please see the Privacy Policy on our website.
You recognize and accept that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site, (c) our failure to require your perfect performance of any provision of this Agreement shall not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement; and (d) any determination or update that may be made by us, any action that may be taken by us, and any approval that may be given by us under this Agreement may be made, taken, or given in our sole discretion and is effective only if provided in writing by our legal representative.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to this limitation, this Agreement shall be binding upon, shall inure to the benefit of, and be enforceable against the parties and their respective assigns and successors in title.

This Agreement includes, and you agree to abide by, the most current versions of all policies, appendices, specifications, guidelines, attachments, and other rules mentioned in this Agreement or any other policies applicable to the tools, subprograms, and features accessible on the Affiliate Program, including any updates to the Program Policies released from time to time. In the event of a conflict between this Agreement and any Program Policy, this Agreement shall prevail. In the event of a conflict between this Agreement and your agreement with an affiliate of RentPalermo.co.uk based on a different affiliate marketing program, that agreement will prevail over that different program. This Agreement (including the Program Policies) constitutes the entire agreement between you and us with respect to the Affiliate Program and supersedes and replaces all prior agreements and discussions.

Whenever used in this Agreement, the terms “include(ono),” “including,” and “for example” are used and intended without limitation.

Any information relating to RentPalermo.co.uk or any of its affiliates that we provide to you or make accessible to you in connection with the Affiliate Program that is not publicly known or should reasonably be considered confidential constitutes “Confidential Information” of RentPalermo.co.uk and will remain the exclusive property of RentPalermo.co.uk. You will use the Confidential Information only to the extent reasonably necessary for your performance under this Agreement, and you will ensure that all persons or entities that have access to the Confidential Information in connection with your profile will be made aware of and comply with the obligations of this provision. You will not disclose the Confidential Information to any third party (other than your affiliates bound by confidentiality obligations) and you will take all reasonable steps to protect the Confidential Information from any use or disclosure that is not explicitly permitted in this Agreement. This limitation will be in addition to the terms of any confidentiality or nondisclosure agreement between the parties and will apply for the duration of the Agreement and for 5 years after its termination.

The Affiliate and RentPalermo.co.uk are independent contractors, and nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between the parties and their respective affiliates. You are not authorized to make or accept offers or representations on behalf of us or our affiliates. If you authorize, assist, encourage, or facilitate another person or entity to perform actions in connection with the subject matter of this Agreement, you will be considered the person who performed the action.
Except as otherwise provided in this Agreement, nothing contained herein shall be construed, nor shall anything herein induce the parties or require them to act (including taking or failing to take any action in connection with a transaction) in a manner inconsistent with, or penalized by, U.S. laws, regulations and rules or requirements applicable to the parties to this Agreement.

13. Changes
We reserve the right to change any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a notice of change, the amended Agreement, or an amended Program Policy on the Affiliate Site or by sending you notice of such change via email to the primary email address at that time associated with your Affiliate profile. The effective date of such amendment excluding any case of increase in Standard Advertising Fees and Special Advertising Fees, shall be the specified date which shall not be less than seven calendar days from the date on which the notice was transmitted. YOUR CONTINUED PARTICIPATION IN THE MEMBERSHIP PROGRAM FOLLOWING THE EFFECTIVE DATE OF THIS CHANGE WILL CONSTITUTE ACCEPTANCE OF THE CHANGES. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ARTICLE 6.

Do you have any questions? Please feel free to contact us

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