GENERAL TERMS AND CONDITIONS
ARTICLE 1
Vehicle Delivery
The vehicle is delivered in good repair and is equipped with the usual tools, the insurance green card and all documents necessary for circulation, including the insurance certificate and label. Rental rates are normally calculated on a daily basis, understood as a duration of 24 hours from the time of collection of the vehicle, and subject to the request of the Customer and availability of the rate, include the following insurance and limitations of liability: 1) Third party liability insurance coverage; 2) International Motor Insurance Card. The Customer, by taking delivery of the vehicle, as well as by signing the rental agreement, with specific approval of these general rental conditions, declares to have verified that the vehicle is in good repair, as described by the Lessor in the rental agreement, equipped with all the accessories indicated therein and perfectly suitable for the agreed use.
ARTICLE 2
Driving the Vehicle The following is required
for renting the vehicle: 1) being at least 18 years of age; 2) having a valid driver’s license for at least 36 months; 3) having a credit card.
ARTICLE 3
Vehicle Assistance
In the event of an accident, breakdown and/or need to tow the vehicle, the Customer is required to inform the Lessor and contact him/her by phone at the number indicated by the latter, given that the Lessor is the only person authorized to carry out interventions and/or repairs on the vehicle. Interventions and/or repairs made to the vehicle by the Customer without the Lessor’s authorization and/or at centers not affiliated with said Lessor will not be reimbursed by the latter for any reason.
ARTICLE 4
Customer Obligations
The Customer acknowledges that he/she does not have any real right to the vehicle and therefore cannot use it as a pledge and agrees:
a) to provide correct and truthful information about his/her personal details, age, residential address and the ownership of the legal requirements for driving qualification;
b) to drive the vehicle and keep it with the utmost diligence and in compliance with all the law, making sure that the vehicle is regularly parked and locked;
c) not to let anyone other than those expressly authorized by the Lessor drive the vehicle and not to allow, in any case, that the vehicle is driven by a person under the age of 18;
d) not to tamper with the vehicle in any way;
e) to make sure that throughout the rental period the vehicle is always in optimal conditions to ensure its correct operation and safety, carrying out any activity necessary for such purpose (checking water, oil, etc.) it being understood that any maintenance intervention on the vehicle must be communicated to the Lessor as well as any anomalies found on the rented vehicle (noise and/or lights on);
f) to communicate to the Lessor any administrative sanction imposed on the Customer and/or the rented vehicle during the rental period
and to reimburse the Lessor for any expenses incurred in this regard, including any payment of the fine by the Lessor; g) to indemnify the Lessor from any claim made by third parties for damages suffered by them and/or by the goods transported or that are in any case on the vehicle;
h) to pay the rental fee and ancillary services determined in application of the rate agreed upon at the time of signing the rental agreement;
i) to compensate the Lessor for the
consequences of any damage caused to the vehicle or to parts and accessories thereof including, but not limited to, those deriving from the cost of spare parts, repairs
and related labor, any transport of the vehicle and damage from parking, legal fees. j) to reimburse the Lessor for the expenses that the latter should incur
to obtain fulfillment of the pecuniary obligations deriving from the rental agreement including the sums due for unpaid motorway tolls; k)
The Customer also undertakes not to drive or use the vehicle: 1) abroad, subject
to written authorization from the Lessor
and exclusively in the countries provided on the
ARTICLE 5
Damage to the Vehicle
The Customer is required to compensate the Lessor for any damage to the vehicle during the rental period for any reason. The Customer will be subject to the charges expressly indicated. The Customer will also be required to compensate the Lessor for damage to the vehicle as a result of failure to comply with road signs indicating obstruction and/or danger.
ARTICLE 6
Claims
If an accident or theft of the vehicle or parts of it occurs, the Customer agrees to:
a) immediately inform the Lessor by telephone, sending a detailed and complete report duly completed and signed on the CAI form enclosed with the vehicle documents within the following 24 hours;
b) follow the instructions that the Lessor will provide regarding the custody and/or repairs of the vehicle, also complying with the provisions of point 3;
c) reimburse in any case the administrative management costs resulting from the claim;
d) failure to comply with any of the above obligations will result in the full charge of the damage to the Customer. A penalty of € 250.00 will be applied in case of failure to report the accident.
ARTICLE 7
Theft
In case of theft or attempted theft of the rented vehicle, the Customer must immediately report the fact to the competent authority and deliver the original report to the Lessor within 24 hours of the event. The rental fee is due on the date and time of delivery of the original report at the rate specified in the rental agreement. In the event of failure to return the original keys of the vehicle, the Customer will remain liable for the total value of the rented vehicle valued at the current market price. In case
of loss of the only key of the rented vehicle, the Customer is required to pay the amount of € 250.00 after reporting it to the competent bodies, delivering the original of the report to the Lessor within 24 hours of the event, otherwise all the amounts due for the damage caused will be charged.
ARTICLE 8
Return of the vehicle
The Customer agrees to return the vehicle to the office and within the date and time agreed and indicated in the rental agreement or, in any case, at the request of the Lessor with the same accessories and in the same state in which he/she received it except for normal wear. The Customer may extend the return period by making a request at least 24 hours before the scheduled deadline and only with the consent of the Lessor. In the event that the vehicle is not returned to the Lessor within the terms indicated in the rental agreement (place, date and time), the Customer is obliged to pay the rental fee also for the days in which the vehicle was retained beyond the agreed terms until the time when the Lessor will repossess the vehicle, plus, as a penalty, 50% of the rate in force for failure to communicate the extension of the rental. The Customer agrees to return the vehicle with the same amount of fuel as indicated in the rental agreement, accepting as of now that failing to do so, the Lessor will charge the cost of the fuel in addition to the € 30.00 fee for the refueling service.
ARTICLE 9
End of the rental
The rental ends when the Lessor takes back the vehicle and checks the conditions in which it is returned.
ARTICLE 10
Security Deposit
At the time of the rental, the Customer must pay a security deposit, in the amount requested by the Lessor, which will be retained in the account, as well as in the event of non-payment of the mileage and/or time fee, also to cover any damage that may be found at the time of return and/or any harm that the Lessor may suffer due to and as a result of the Customer’s failure to fulfill all the obligations assumed with the stipulation of the rental agreement and provided for in the General Rental Conditions. It is understood that the Customer will also be required to pay compensation for further damages and to pay any additional credits accrued by the Lessor.
ARTICLE 11
Rental Fees
The Customer agrees to pay the Lessor:
a) the rental fee indicated in the rental agreement;
b) the security deposit required by the rental agreement;
c) any amount for the excess mileage beyond what is established in the rental agreement;
d) reimbursement of expenses incurred for the recovery of the vehicle that is not returned to the agreed place for any reason;
e) the amount of fines and/or penalties raised during the rental period;
f) highway tolls and parking fees related to the use of the vehicle by the Customer;
g) all costs and expenses incurred by the Lessor to obtain payment from the Customer of all amounts due by the latter;
h) the amount necessary to bring the gas tank back to the same level as at the time of delivery;
i) the costs of repairing the damaged vehicle as a result of failure to observe road signs indicating obstruction and/or danger;
j) the amount corresponding to any other service that the Customer has used. Any excess fuel with respect to the time of delivery will not be refunded to the Customer. The mileage rate is determined by reading the odometer.
ARTICLE 12
Payment by credit card
The Customer must provide the credit card details on which to charge the rental fees. By providing the credit card details, the Customer authorizes the Lessor to charge all fees due as a result and in consequence of the rental and accepts the charge on the credit card also of what will be due after the closure of the contract also for compensatory penalties, fines, tolls, parking, handling fees, vehicle repair costs following damage not covered by the insurance policy and all other rental fees indicated in point 11.
ARTICLE 13
Customer Responsibility
The Customer expressly acknowledges and accepts that in case of violation of any of the obligations referred to in the previous articles as well as in the case of damage/theft caused by the Customer’s intent or fault (for example, incorrect refueling, clutch burnout, fuel freezing, damage to the engine due to lack of oil or coolant, loss of the license plate, etc.) he/she will be held fully responsible for all damages caused in violation of the obligation of diligence pursuant to Art. 1588 of the Italian Civil Code, remaining obliged to prove that the harmful event is not a consequence of his/her conduct. The Customer hereby agrees to the debit of all amounts that will be due, directly or indirectly, by virtue of the rental, even after the billing of the amount itself on the credit card used to guarantee the payment of the pecuniary obligations deriving from these general rental conditions and the rental agreement. The Customer is responsible, in any case, for the actions and/or omissions of anyone driving the vehicle.
ARTICLE 14
Lessor’s liability
The Lessor is not liable to the Customer or any other person for damages of any kind including economic loss suffered by the same in persons or property due to breakdowns or malfunctions of the vehicle, road accidents caused by manufacturing defects, any type of damage occurring as a result of willful misconduct or even slight negligence of the driver, theft, riots, fires, earthquakes, wars, force majeure or unforeseeable circumstances. The Lessor reserves the right not to provide, at its sole discretion and without having to provide any justification for the refusal, a replacement vehicle in the event of an accident, theft, damage or for any other reason.
ARTICLE 15
Payment times and duration
The payment of the amount due for the rental must be made upon collection of the vehicle. The contract has a duration equal to that determined in writing in the rental agreement at the time of its stipulation.
ARTICLE 16
Termination clause
The violation of even one of the provisions of the previous articles will give the Lessor the right to terminate the rental agreement pursuant to Art. 1456 of the Italian Civil Code and to compensation for damages.
ARTICLE 17
Jurisdiction
For any dispute arising from and/or connected with the rental of the vehicle, for any action necessary for the recovery of the credit accrued by the Lessor, the Court of Bologna will have exclusive jurisdiction.
ARTICLE 18
Personal data processing
Pursuant to Art. 13 of Italian Legislative Decree 196/2003, as amended, the Lessor, the Data Controller, informs that the personal data collected will also be processed electronically in compliance with current legislation on privacy for the exclusive purposes related to the conclusion and execution of the contract and may only be communicated to subjects who perform functions strictly instrumental to it. Their provision is mandatory and any refusal to provide them will make it impossible to finalize the contract. For vehicles equipped with a satellite locator, in compliance with the principles of correctness, relevance and non-excessiveness, the Data Controller, only in the event that it is stolen or incurs another emergency situation, will only process the data relating to the position of the vehicle and the person to whom it is entrusted in order to report it to the competent authorities. The interested parties are entitled to the rights pursuant to Article 7 of Italian Legislative Decree 196/2003 to be exercised by sending notice to the Lessor.