Originally Posted by lovetomotor
as per Italian Law and our rental term and conditions (also published in our web site) the reservation deposit is not refundable.
Anywy, as you have cancelled in advance, we give you a bonus: we'll deduct the 80% of the amount of the reservation deposit from the blance of another bike rental, if any, within Year 2007.
Their English is obviously lacking; let me try a more accurate translation from the original Italian idea: "We done spent all your money on wine and women already, so there's no way we can give it back. Just come ride one of our bikes instead."
I think there's a serious question as to whether Italian
law governs this contract. See
Article 5 of the Rome Convention
. Nor should you be held to contractual terms that were never presented to you. Nevertheless, rules of international sales suggest
that this Italian company has done nothing wrong in declining your invitation to cancel the contract. See
of the UN Convention on Contracts for the Sale of Goods, as well as Articles 65, 68 & 70
of the Convention Relating to a Uniform Law on the International Sale of Goods. Same result in wholly domestic US transactions, except our customary expectations
prompt most rental companies to include contractual provisions for early termination or cancellation of the contract.
If I may rephrase the thrust of your post, it sounds like you're saying, "I'm upset because the seller will not let me breach a contract that is no longer convenient for me to honor." While I sympathize with your situation, I have to wonder if this Italian company is merely impolite,
and not necessarily "disreputable."
Either way, I do hope you get your money back. And because I'm curious, it would be nice if you update this thread when this is resolved.