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Art. 1 : Conclusion of the contract
This vehicle rental agreement is concluded between the Rental company who delivers the service (hereinafter referred to as the Lessor) and the Customer at the time of signing by the Customer and, where applicable, also by the Guarantor. The rental contract is governed primarily by the conditions set out here, which the interested parties declare to accept, and which can only be modified with a specific written agreement between the parties.
1. The Customer, by signing this contract, also declares that he has received a copy of the same and that it conforms to the original, which remains deposited at the Lessor's office.
2. The Guarantor is defined as the person who assumes, jointly with the Customer, towards the Lessor, all obligations arising and / or consequent to the rental agreement and its execution. It follows that all the obligations that arise for the Customer as a result of this contract are also understood to refer to the Guarantor under the bond of solidarity, even where in the text of the contract below reference will be made, for simplification, in general, only to the client.
3. Additional Driver is defined as the person, fully identified in the contract and authorized by the Customer to drive / conduct the rental vehicle, under the responsibility of the Customer, who is liable to the Lessor for all active or omissive conduct of all Additional Drivers from he authorized.
4.The Customer declares, aware of being prosecuted in the event of false declarations, that he has provided the Lessor with his real and useful data for his personal and substantial identification and that the documents provided to the Lessor are originals, or certified copies of the originals, in the course of validity.
5. The Customer declares to have previously examined the vehicle and to receive it from the Lessor in excellent condition, fully functional in all its parts, with the provision of all the documents required by law for road traffic in Italy and with insurance policies in course of validity.
6. The Customer assumes, for himself and for all authorized Drivers, the obligation to be permanently available, at the telephone numbers indicated in the contract.
7. The Lessor reserves the right, in any case, not to conclude the contract with persons or entities that, according to its elusive and unquestionable judgment, are not appreciated.
Art. 2 : Delivery of the vehicle
1. The vehicle is considered suitable for the use agreed in the rental agreement. In the event that the Customer finds damage and / or anomalies on the rented vehicle and does not report them by having them described in writing in the note to this contract, the vehicle will be considered accepted without exclusions or reservations.
2. In the event of unavailability of the vehicle booked on the day set for delivery, the Lessor may provide the Customer with a replacement vehicle of the same category and level. Only if the Lessor is unable to provide a replacement vehicle, will it cancel the agreed daily rental fee for the period from the day of scheduled delivery to that of actual delivery, without prejudice to the Customer's right to terminate the contract. .
3. In case of renunciation by the customer of the booked vehicle communicated to the Lessor with less than 48 hours notice, he will have to pay a sum corresponding to the minimum rental rate for the days booked, or the amount prepaid at the time of booking will be retained as a penalty. A similar amount will be due to the Lessor in the event of early return of the vehicle. In case of non-qualification of the customer, that is: absence of a credit card in the name of the driver, absence of a valid driving license valid for driving in Italy (certificates reporting loss or extensions will not be accepted), absence of an identification document (certificates reporting loss or extensions will not be accepted), it will not be possible to deliver the car , and the prepaid amount will be retained as a penalty for non-qualification.
4. The vehicle will be delivered ready for use in the place agreed with the Customer. Delivery is subject to the establishment of a non-interest-bearing security deposit equal to the amount of deductibles and insurance overdrafts, plus the cost of a total refueling. The amount of the security deposit will be specified by the Lessor in the rental offer / order form.
5. After 30 days from the date the vehicle is made available, without the Customer having made the payment, the Lessor may withdraw from the contract and charge the Customer with a penalty equal to the amount of Euro 5,000.00. The Customer will also be required to pay the rent accrued from the date the vehicle is made available to the date of the declaration of withdrawal.
6.The rental offer / order form, signed by the Customer constitutes a rental request and, once accepted by the Lessor, becomes an integral and substantial part of this contract. The Lessor will lease to the Client, in accordance with these general conditions, the vehicle better described in the rental offer / order form, which will also specify the services requested, the main characteristics of the lease and its economic conditions. In case of incompatibility between these general conditions and the rental offer / order form, the agreements contained in the latter will prevail, limited to the rental of the vehicle object of the same.
7. The driver and reservation holder must be at least 19 years old. In case of age between 19 and 24 years, the “young driver” supplement will be applied, with a daily rate established by the Lessor and visible at the time of booking. 7 and 9 seats, luxury and extra luxury cars, for which 25 years of age are required, are excluded. The rental is authorized in the presence of a valid identification document and a valid driving license, issued for at least 1 year, both in the name of the owner of the reservation (certificates reporting loss or extensions will not be accepted). The reservation holder must present a credit card in his name in order to authorize the amount of the security deposit ( for the luxury and extra luxury models, 2 credit cards are required). A correspondence between the documents presented is required: the driving licence, as well as the identification document and the credit card must have been issued by the same State of residence.
8. If the vehicle is picked up from 8.00 pm to 8.00 am, a link will be sent to the email used to register on the site, in order to proceed with the advance deposit of the deposit; for the convenience of the customer, concomitant with the e-mail, a text message, SMS, can be sent to the telephone number entered during registration, with the link, to easily proceed with the advance deposit (the sender of the sms is RentSmart24) . This procedure is mandatory for rentals starting in the indicated time slot. The link is sent by email from firstname.lastname@example.org 24h before the start of the rental and is managed by our payment gateway, the same used for the reservation.
9. During the winter, all our cars are equipped with snow chains, and depending on availability, with thermal tires. In case of snow chain's loss, damage or neglect, € 45 will be charged as a penalty.
10. The car rate is calculated on the basis of the time indicated in the booking; in the event of inconsistencies between the time reported and the actual collection of the vehicle, the rate could be updated and recalculated by applying the correct quotation relating to the actual collection of the car.
Art. 3 : Return of the vehicle
1. Upon the natural or extended expiry of the contract or in any other case of early termination or interruption, the Customer undertakes to return the vehicle to the Lessor's headquarters or to a different place authorized by the same, in the conditions in which he received it, unless account of the average wear determined by the use made in accordance with the contract, and with the related circulation documents and insurance policies.
2. Upon delivery, the Customer is obliged to check, in contradiction with a representative of the Lessor, the condition of the vehicle and the mileage. Restoration costs in excess of normal wear and tear and those resulting from accidents not regularly reported will be charged to the Customer as compensation for damages. The relative amount will be offset, up to and including, with the sum set up as a security deposit and / or other guarantee given at the time, without prejudice to compensation for further or different damages. Any greater mileage than agreed will be assessed at the average cost per kilometer for the vehicle in question and charged to the Customer in the same manner as above and may be withheld from the deposit.
3. In the event that, upon the natural, anticipated or extended expiry of the contract, and in any case in all cases of termination and withdrawal, the vehicle is not returned for any reason, even not attributable to the Customer, on the day / place / time established , the same will be required to pay a penalty equal to the daily cost of the rental until the time of the actual return, without prejudice to the right of the Lessor to request any greater damages. In any case, the Lessor will have the right to submit a regular complaint / complaint to the competent judicial authorities and to provide for the forced recovery of the vehicle at the expense and responsibility of the Customer. If this is not possible, the Lessor may request payment of a sum equal to the commercial valuation of the vehicle at the time of non-delivery, in addition to the rental fees accrued up to then.
4. However, it is agreed that, in all cases of failure or unjustified return (at the natural or extended expiry of the contract or in any other case of early termination or interruption), the Customer will always be held responsible for the custody and conservation of the vehicle, even in time exceeding the contractual term.
5. The Company reserves the right, within three days from the return of the vehicle, to check if there are any shortages of fuel, any hidden damage, including damage inside the passenger compartment, and / or additional extra damage not detected at the time of delivery. In this case the related costs will be charged to the customer.
Art. 4 : Title of ownership
1. The ownership of the leased vehicles and any other related rights always and in any case remain with the . The Customer express Lessor Company acknowledges that he will not be able to claim any ownership rights in relation to them.
2. Furthermore, the Customer may not sublease, mortgage, and / or subject the leased vehicles to any form of lien or grant them as a pledge or pledge them in any form.
3. Should third parties exercise legal actions, seizures or executive acts of any kind against the vehicle being rented, the Customer is obliged to immediately report and demonstrate with every document in his possession, that the vehicle is not his property, but rather the object of rental agreement. He is also obliged to promptly notify the Lessor in writing of the deed / fact (maximum 12 hours).
4. By signing this contract, the Customer undertakes to keep a certified copy of the original, received from the Lessor, inside the vehicle, and to show it at the request of the competent authorities. If due to non-compliance with this obligation the rented vehicle should be subjected to detention or seizure, the Customer must reimburse the Lessor for the damage suffered as a result of such measures, commensurate from now on to the rental fee for each day, except for the compensation for greater damage.
Art. 5.: Obligations of the Customer in relation to the use of the vehicle
1.The vehicle will be driven by people who have age and driving qualification as required by current regulations and are employees of the Customer, or third parties, however authorized in writing by the Customer (Additional Driver) and identified in this contract with transcription of the data shown on the license in course of validity (certificates reporting loss or extensions will not be accepted). The lessor may refuse delivery of the vehicle if the required requirements are not met.
2. The vehicle must not be used in such a way as to make the conditions of the insurance policies invalid, ineffective or inapplicable.
3. The vehicle will not be used for the transport of people and / or goods in excess of the quantities provided for in the vehicle registration document.
4. The odometer must not be tampered with and / or damaged: in the event of a malfunction of the device, the Customer will be required to immediately notify Lessor in writing by fax or e-mail.
5. The Customer must drive, use and keep the vehicle with the diligence of a good family man and with the specific diligence required in relation to the type of property rented and its commercial value, under penalty of compensation for damage.
6. The Customer must drive and use the vehicle scrupulously complying with the provisions of the law, the specific use envisaged in the traffic certificate, the rules of the Highway Code and assuming any liability resulting from any infringements.
7. The Customer undertakes to comply with all the rules and prescriptions of the Highway Code and will be liable for any infringements. For any infringement reports notified to the Lessor, the latter will request the competent authority to proceed with the re-notification to the Customer and will charge the costs incurred to the Customer directly. The Customer expressly authorizes to withhold all the aforementioned amounts also by charging a credit card issued at the time of the deposit payment.
8. The Customer undertakes to provide the proceeding body with all personal and driver data of the vehicle that may be requested. If the Client does not comply with this obligation, the Lessor will charge all the amounts that he is obliged to pay. The Customer expressly authorizes to withhold all the aforementioned amounts also by charging a credit card issued at the time of the deposit payment.
9. The Customer must not use the vehicle for the transport of passengers for remuneration, for competitions or events of any kind (unless expressly authorized in writing by the Lessor), to tow (unless the vehicle is equipped with a special tow hook duly requested from the Lessor and authorized and insured by it), tow or push another vehicle.
10. By signing this contract, the Customer undertakes not to drive / use the rented vehicle and not to tolerate it being driven / used by other people under the influence of alcohol, drugs, drugs or any other substance that inhibits the ability to understand, react or drive.
11. The Customer also undertakes not to drive / use the rented vehicle and not to tolerate it being driven / used by other people for purposes contrary to the law, for the transport of animals (unless expressly authorized in writing by the Lessor), even if they are their own, for transport of explosive, dangerous or polluting goods.
12. It is forbidden to smoke on board the vehicles; consume meals or drinks or provisions inside the cockpits; subject the vehicle to washing with rollers or the like that may cause damage to the paint.
13. The Lessor is not responsible for items left inside the vehicle, which are considered abandoned.
14. From the date of the rental and up to the date of return of the vehicle, the Customer will be responsible for all damage to persons / animals / things deriving from the use, custody and circulation of the vehicle even if attributable to unforeseeable circumstances, force majeure or acts of third parties.
15. In the event of a road accident, the Customer must correctly complete the Blue Form (former CID model - friendly accident finding) in its entirety and sign it. This model, any documentation and any additional information, must be sent to the Lessor by fax or e-mail within one working day following the event, and, in any case, before the start of the vehicle repair at the authorized workshop. The Lessor's company may charge the Customer for damages deriving from the lack or delay in the transmission of the above communications.
16. The Customer is obliged to pay the motorway tolls and parking lots. The Lessor, in case of receipt of the aforementioned requests, will ask the responsible body to re-notify the Customer by providing the relevant data and will charge, for each request, the costs incurred to the Customer.
17. All accessories, whether or not supplied by the Manufacturer, are an integral part of the rental and, as such, remain the property of the Lessor. They will be the object of a single supply and in case of breakdown and / or theft they will not be replaced.
18. The Customer undertakes to return the vehicle with the same amount of fuel present at the time of receipt of the car. Otherwise they will be charged a penalty for the refueling service (amount shown in the rental agreement), in addition to € 2.50 for each liter missing.
19. The customer undertakes to return the car in good condition and clean. Otherwise, at the time of receipt and recognition, a flat rate from € 28.00 will be charged for complete washing to € 100.00 for washing and sanitation.
20.It is forbidden to smoke in the car.
21. The partial or total non-compliance of one or more obligations of this article by the Customer, even for only one of the vehicles covered by this contract, constitutes a breach and legitimizes the Lessor to request, in its sole discretion, the termination of the contract.
Art. 6: Responsibility
1. The Customer, in the act of taking delivery of the vehicle, constitutes the guardian of the same for all purposes of the law. He legally undertakes to keep the goods received with the diligence of a good family man and with the specific diligence required by the commercial value and use of the vehicle. The customer acknowledges that he does not own or become the owner of any real or personal right on the rented vehicle and accessories (including keys) with which it is equipped or which are provided by the Lessor.
2. In case of loss, theft or damage of the vehicle and / or accessories that accompany it, the Customer is obliged to immediately contact the Lessor, as well as to report the fact to the nearest competent Authorities, sending it within 12 (twelve) hours after the landlord certified copy of the report. The Customer and the Guarantor undertake to immediately reimburse the Lessor for any expenses incurred for the recovery of the vehicle or accessories or for the production of duplicate keys, even if this involves the complete change of the vehicle's locking systems. In the event that the Customer, for any reason, also not attributable to him, should irreversibly lose possession of the rented vehicle, he will be required to compensate the Lessor for the commercial value of the vehicle, less the amounts paid by the insurance.
3.The Lessor is responsible, directly or through an authorized repair shop, for technical breakdowns of the vehicle and for ordinary and extraordinary maintenance; travel and parking expenses expressly charged to the customer are not included. However, any liability borne by the Lessor for any damage caused to people or things in the event of a malfunction of the vehicle is excluded.
4.The Lessor is not required to answer for defects, even hidden ones, of the vehicle and its accessories, for construction defects, for which the application of the Presidential Decree 224/1998 on liability for defective products, and related accessory / consequent damages.
5. Furthermore, the Lessor is not liable for the unsuitability of the vehicle to perform the service for which it is intended due to omitted or inaccurate information provided by the Customer.
6. It is forbidden to drive the vehicle in a country other than: Italy, France, Germany, Spain, Portugal, Andorra, Vatican City, Republic of San Marino, Principality of Monaco, Switzerland, Belgium, Netherlands, Sweden, Denmark, Norway, Finland, Liechtenstein, England, Ireland, Luxembourg, Austria, subject to the specific written authorization of the Lessor. In the event of authorization, the economic conditions will be defined separately ( cross border fee is € 50 ). In the event that the Customer fails to communicate expatriation and the consequent application of the Cross Border Fee, all the excess reported in the contract will lapse, and the Customer will be responsible for any damage or theft in their full value. In the event that the Customer leaves the State and travels without specific authorization to a State other than those listed above, an immediate report will be made to the competent Authorities and the forced recovery of the vehicle at the Customer's expense. Furthermore, the Lessor will have the right to immediate collection of the deposit and to charge the penalties for breach of contract provided for by art. 11.3 of this contract. In the event that the expatriation leads to the loss of insurance coverage, any liability including damage caused to oneself or to third parties, to the rented vehicle, or for the total or partial loss of the property, will be the sole and total responsibility of the Customer.
Art. 7: Maintenance and repair
1. The Lessor will provide ordinary and extraordinary maintenance to keep the vehicles in a state of efficiency and safety (when at the sole discretion of the Lessor it is necessary also in consideration of the mileage traveled) and will arrange for repairs. By maintenance and repair we mean: a) all the interventions indicated in the vehicle use and maintenance booklet necessary for its proper functioning; b) all repairs and / or replacements, consequent to failure, of those spare parts which, in the opinion of the Lessor, are technically necessary also in consideration of the kilometers traveled; c) ordinary and extraordinary auditing; d) periodic checks on the dates provided in the Driver's Book; e) any oil topping up (if necessary); f) the replacement of tires, when they are worn within the minimum limits established by the regulations in force. The Customer is obliged to inform the Lessor in writing if he finds tire defects or anomalies in the tires. The costs related to the punctures are not charged to the Lessor.
The supply of seasonal thermal tires is not envisaged, unless otherwise indicated in the rental offer / order form and / or subsequent amendments accepted by the Customer. Interventions excluded: a) the supply of fuel, special oils other than those recommended by the manufacturer, additives of any kind, inflating tires with gases other than air; b) repairs of damage caused by the use of polluted fuels or fuels other than those indicated by the Manufacturer; c) external and internal vehicle washes, engine washes; d) polishing; e) interior repairs due to accidental deterioration or neglect; f) repairs resulting from loss of keys; g) repairs for damage caused by the presence of water in the fuel tank or water intake in the engine while driving;
2. The maintenance and repair operations must be carried out, on working days and hours, exclusively at the workshops affiliated with the Lessor, or, subject to the authorization of the same, at those chosen by the Customer. Before carrying out any maintenance, the Customer must contact the Lessor by telephone to define the methods, times and places of execution. The agreements and relations with these workshops are managed exclusively by the Lessor, who will directly pay for the work. Repair and maintenance operations will be carried out under the sole responsibility of the workshop, which is solely liable for any damage.
3. In case of absolute necessity, the Customer, in derogation of what is established in the previous point 7.2, can directly provide for any repairs, upon written request for authorization to the Lessor. The reimbursement will be made upon presentation of a regular invoice from the workshop, duly receipted, in the name of the Lessor's Company ( as reported in the rental agreement ) to be sent by registered letter with return receipt or certified e-mail.
4. It is forbidden for the Customer to use the rented vehicle in malfunctioning conditions, in order to avoid possible worsening of the breakdown or situations of danger for himself or for others, third parties, animals or things. The Customer, being appointed caretaker, is obliged to supervise and promptly take action to verify and maintain the good state of maintenance and operation of the vehicle.
5. In the event of a failure that cannot be repaired, the Customer must act promptly and diligently to allow the return of the malfunctioning vehicle to the Lessor's headquarters or, alternatively, to the nearest technical assistance center authorized by the manufacturer of the rented vehicle. designated by the Lessor, also with the aid of a suitable roadside assistance vehicle if necessary.
6. The Customer has full responsibility for the correct and appropriate use of the vehicle and for checking its efficiency at all times, even after repairs or maintenance.
7. The lessor will have the right to demand payment of the consideration for the entire duration of the rental if, during the rental relationship, the vehicle is damaged or rendered useless by the Customer through his own fault or through the fault of third parties attributable to Customer; without prejudice to the right, at the sole discretion of the Lessor, to request greater damage.
8. The Customer undertakes to return the vehicle to the Lessor clean, with full fuel and in any case in the same state in which it was received. If at the time of delivery the vehicle is not refueled with a full tank of fuel, the Lessor will have the right to charge the Customer for the costs incurred for refueling.
Art. 8: Faculty of extension
1. The Customer has the right to request one or more extensions before the expiry of the contract. The Lessor reserves the widest discretion in evaluating adherence to the proposed extension of the contractual expiry, which can only take place upon written acceptance of the Lessor communicated to the Customer together with any new economic regulations of the contract.
Art. 9: Insurance
1. Vehicles are covered by the following insurance guarantees. Motor Civil Liability: Pursuant to the law of 24 December 1969, n. 990, and subsequent amendments and additions, as well as the Implementing Regulation of the aforementioned law and subsequent amendments; guaranteeing, within the agreed limits, the sums which, for capital, interest and expenses, are due as compensation for damages involuntarily caused to third parties by the circulation of the leased vehicles. The copy of the insurance policies will be made to view to the Customer so that he is aware of the maximum covered, the deductibles and the shortages, which remain the sole responsibility of the Customer. Total or partial theft and fire: Even if attempted and robbery of the vehicle, whether stationary or in circulation, including damage suffered by the vehicle during circulation after the theft or robbery and up to the moment of its discovery, the fire is also re-compressed of the vehicle, whatever the cause, whether stationary or in circulation, but only if proven by regular reporting to the competent authorities, with the exception of theft and / or damage to the goods contained in the trunk or any goods transported, car radios and any accessories and / o equipment not expressly provided for by the individual insurance contracts, whether it is inside or outside the leased vehicle. If the theft or robbery occurred abroad, the report must be repeated to the Italian Authority. In any case of theft, the Customer, including through the user: a) undertakes to immediately report to the competent authorities and to send the original to the Lessor, by registered letter with return receipt within 3 days of the event,anticipating it immediately by fax or e-mail. b) Only in case of total theft, it undertakes to deliver the complete set of keys to the Lessor. c) Upon request and according to the availability of the vehicles, the Lessor will replace the vehicle object of total theft with another one of the group envisaged in the offer in good condition for a maximum period of 60 days. at the same fee as the contract in place at the time of occurrence, unless otherwise requested by the Customer. d) In the event that the vehicle is found within 60 days from the date of the report, the lessor will have the right to return it to the Customer, otherwise the contract will be considered terminated, limited to this vehicle. e) If the Customer orders a new vehicle, the tariff conditions will be those in force at the time of signing the new rental offer / order form. f) In the event of theft, loss or deterioration of the vehicle registration document, number plate, one or more vehicle keys or other documentation, the registration and restoration costs of the vehicle due to these events will be borne by the Customer. Where necessary, a complaint must be made. Any overdrafts (0.00% fixed with a minimum of Euro 1,500.00 for damages exceeding Euro 30,000.00) will be the sole responsibility of the Customer. Integral breakdowns: The subject of the insurance coverage is the material and direct damage caused to the vehicle which occurred as a result of collision, collision, overturning, going off the road while in circulation, if these are non-culpable / malicious behaviors: in the latter two cases the Customer responds directly. The insurance overdraft is charged to the Customer, set at 0.00% with a minimum of Euro 750.00 for each claim. Damages caused by the Customer or the Driver in a state of intoxication, or under the influence of drugs in violation of the Legislative Decree are excluded. 30/04/92 n. 285. In such cases the damages will be entirely borne by the Customer. The same for damage caused by engaging in behavior prohibited by this contract;
2. In the following cases, the responsibility of the Customer, or of the Driver in the cause of the harmful event, will be regulated as follows: a) willful misconduct or fault of the Customer / Driver or by a third party that he has admitted in the use of the vehicle. In this case, the Lessor will charge and the Customer will be required to pay a sum equal to the commercial value of the vehicle at the time of the theft or fire; b) failure to return the complete set of keys. In this case, the Lessor will charge and the Customer will be required to pay a sum equal to the commercial value of the vehicle at the time of the theft; c) failure to report to the competent authorities or failure to notify the Lessor within the terms and in the manner described in Art. 9 lett. a) (Theft). In this case, the Lessor will charge the Customer an amount equal to the commercial value of the vehicle at the time of the theft. d) failure to complete the Blue Form or communication to the Lessor within the terms and in the manner described in this article. In this case, the Lessor will charge the Customer the amount provided in the rental offer / order form as a deposit, in addition to the difference up to the full amount of the damage as assessed and quantified by an expert chosen by the Lessor.
3. In the event of an accident, the Customer, directly and / or through the user, undertakes to report to the Lessor, who will manage it, every single accident by completing, in all their parts, the appropriate forms existing on board each vehicle (ModuloBlu) or prepare an appropriate claim report without a counterparty; cumulative complaints relating to multiple claims will not be considered valid, the Customer / Driver is also required to diligently collaborate in carrying out any paperwork with the insurance company. These communications, as well as those concerning cases of theft, fire and / or total destruction of the vehicle, must be sent immediately by fax or e-mail to the Lessor and subsequently sent in original by registered letter with return receipt within 3 days. of the event. If as a result of accidents or breakdowns, the safety and / or unfitness for use of the vehicle is precluded, or the repair of the damage appears uneconomical, the Lessor will communicate the non-repairability of the vehicle, with automatic and consensual termination of the relationship. The assessment of non-repairability is left to the sole discretion of the Lessor. In such cases, the Customer may retain any replacement vehicle already provided, for a maximum period of 30 days. from the notification of irreparability. In the event that he does not use this vehicle, the Lessor at the request of the Customer will provide another vehicle in good condition for a maximum period of 30 days from the notification of irreparability at the same contract fee in force at the time of the event. The replacement vehicle will not be provided in the cases referred to in Art. 12 lett. c), unless otherwise requested by the Customer. If the Customer orders a new vehicle, the fare conditions will be those in force at the time of signing the new offer.
4. In the event that, at the time of closing the Contract, damages relating to unreported claims are identified, the amount relating to the restoration of the vehicle will be charged to the Customer. If the indemnities are not recoverable for reasons attributable to the Customer / Driver, the costs incurred will be charged to the Customer.
5. It is also understood that any indemnity to be paid under the policy will be pursuant to art. 1891, second paragraph of the Italian Civil Code, paid to the Lessor in its capacity as owner of said vehicle.
6. Damages caused by the Customer or the Driver in a state of intoxication, or under the influence of drugs in violation of the Legislative Decree are excluded from all insurance. 30/04/92 n. 285. In such cases the damages will be entirely borne by the Customer. The same for damage caused by engaging in behavior prohibited by this contract.
7. The Lessor will deliver, at the time of the conclusion of this rental contract, a copy of the insurance policies, which must remain inside the vehicle for the entire duration of the contract and be returned intact upon expiry, noting the overdrafts, the deductibles and excluded risks, which remain the responsibility of the Customer in full.
Art. 10: Payment
1. Payments of the fees agreed in the rental contract must be settled, by SDD and RIBA, at the agreed deadlines. A financial credit card must be shown (international credit cards are accepted, such as: Visa, Mastercard;). If the credit card is accepted by the Lessor, he, upon the express authorization of the Customer which is intended to be granted and upon request for authorization to the Issuer of the payment instrument, will secure the sums deemed necessary for the execution of the contract.
2. In order to stipulate the rental agreement SUPERIOR A MONTH-28 DAYS, a security deposit of up to three months will be required, plus a full tank of fuel. It can also be made by credit card, subject to payment authorization from the Issuer. This non-interest-bearing deposit will be returned if the vehicle is promptly returned, at the end of the contract, intact and without damage. The security deposit must be paid with the main financial credit cards, if accepted by the charterer subject to the release of a specific authorization from the issuing institution. The amount due as a security deposit must be paid in advance at least 24 (twenty-four) hours before the delivery of the vehicle in the case of a short-term rental, one week before the delivery of the vehicle in the case of a long-term rental. In case of non-payment of the sum in question, the contract will not be able to start and the Lessor will have the right to terminate the contract without the need for a prior warning or formal notice.
3. In order to stipulate the short-term contract (less than -28 days), a security deposit will be required which depends on the category of the car delivered (minimum € 500) in addition to the cost of the non-prepaid rental plus a full tank of fuel; this amount, to be authorized by credit card, will be released upon return of the car, without prejudice to any charges. This deposit may be reduced in the event of a reduction in the deductibles by purchasing the PLUS/PREMIUM coverage.
4. The consideration for the rental, plus the security deposit, plus any other ancillary expense pertaining to the Customer must be covered by the Customer's and Guarantor's credit cards on the date of signing this contract; to this end, the customer and the Guarantor authorize the Lessor to debit his credit card, even on several occasions, for any amount useful to certify the financial coverage of the same, which must be such as to fully cover the costs of the rental, deposit and any refueling. Any expense incurred by the Lessor to check the financial availability of the Customer / Guarantor's credit cards is the sole responsibility of the latter, who now authorize the Lessor to independently charge these charges on them. In case of lack of financial coverage, the contract will not be able to start and the Lessor will have the right to terminate the contract without the need for a prior warning or formal notice.
5. Reservations and deposits with credit cards: For the Short Term Rental only, for bookings made on the websites or at the rental station, depending on the rate chosen, payments may be subject to pre-authorization on a credit card. To protect the reservation, the validity of the credit card provided as guarantee can be verified by subjecting it to a pre-authorization. To this end, at the time of booking and as a guarantee, the details of the credit card, its expiration date and the name of the holder will be requested; card expire date has to be not less than 6 month from rental ending. Lessor reserves the right not to accept payments by prepaid and debit cards. For prepaid reservation, if the reservation has not been cancelled before 48h starting rent, the prepaid amount will be considered as a penalty, wthout refund. The rental amount may be charged primarily to the credit card provided as a guarantee.
6. The Customer undertakes to immediately reimburse the Lessor for all expenses incurred in order to obtain the fulfillment of the pecuniary obligations dependent on this contract. For each form of debit, the Customer expressly authorizes the Lessor to withhold the sums deposited as a security deposit, upon written notice or e-mail, in case of delay. In any case of delayed payment, the Customer will be charged the default interest due from the day of expiry of the obligation until the day of actual payment.
7. The Customer expressly accepts that the Lessor assigns, in whole or in part, the credits due to the Customer, to third companies (eg Factoring, bank discount, etc.) which, becoming holders of the credit right, will endeavor to the recovery of the sums claimed.
8. In addition to the costs relating to the administrative penalties notified by the Authorities and relating to the period of detention of the car, the Customer will also be charged for the management and administrative costs of the position borne by Lessor's Company, quantified by the Lessor and visible in the rental agreement, for each debt position / sanction
Art. 10 bis: Payment
1. Should the detailed conditions be differently governed in the rental agreement, the provisions of the latter will prevail.
Art. 11: Express resolution
1. Without prejudice to what has been agreed in the individual points, the Client's non-fulfillment of only one of the obligations agreed in the previous points 1), 2), 3), 4), 5), 6), 7), 8), 9) and 10) of these contractual conditions will entail the legal termination of the contract with the consequent right of the Lessor to provide, after formal communication of termination by e-mail, for the immediate withdrawal of the vehicle by its own agents, without any limitation. As a penalty, the Customer will have to pay the amount of the fees still to expire, the travel and travel expenses and transport of the vehicles; however, without prejudice to the greater damages, assessed by the Lessor, caused by the non-fulfillment.
2. The Lessor reserves, however, the right to unilaterally terminate the rental contract also in relation to one or more vehicles, upon formal communication of termination by e-mail, upon the occurrence of even one of the following cases: a) Non-payment, even partial , by the Customer, of the fee or other sum due under this agreement, within the terms established by the same. Upon the occurrence of this hypothesis, even for a single vehicle, the Lessor reserves the right to declare the termination of the contract also for all or some of the other vehicles that may be in progress. b) Subjecting the Customer to judicial seizure or forced execution on assets owned by him. c) Dissolution and / or liquidation of the Client's company for any reason. d) Declaration of bankruptcy of the Client's company or subject to bankruptcy proceedings. e) Sale of the company or business unit or change of the business unit affected by these general conditions.
3. Upon the occurrence of even only one of the aforementioned hypotheses, the Lessor will, subject to formal notice of termination by e-mail, immediately collect the vehicle by its own agents, without any limitation. As a penalty, the Customer will have to pay the amount of the fees still to expire, the travel and travel expenses and transport of the vehicles; however, without prejudice to the greater damages, assessed by the lessor, caused by the non-fulfillment. This also in constant opposition or dispute, judicial or not, of the Customer, and with the right to access the premises where said vehicles are and remove them, acting, in any case, within the limits of what is legally permitted. The Customer expressly and in advance authorizes, as of now, the Lessor to act as described above in order to get him back into possession of the goods covered by the agreement, without this being a violation of domicile or other crime of any kind or nature, lifting up, ? at the same time, the Lessor from any liability for loss of profit and / or emerging damage.
4. In all cases of termination provided for above, the Customer is required to immediately return the vehicles leased to the places indicated by the Lessor and can claim nothing regarding the early return.
5. In all cases of termination envisaged, the Customer will be required to pay the outstanding amounts due and related ancillary costs, as well as the fees yet to expire, travel and travel expenses and transport of the means; in any case except for the greater damages, assessed by the Lessor.
Art. 12: Conventional form for additional or derogating agreements
1. Any modification and / or variation notwithstanding any article of these general conditions, in order to be considered binding between the parties, must be stipulated in writing, signed for acceptance under penalty of nullity. For anything not provided for in this contract, please refer to articles. 1571 cod. civ.
Art. 13: Method of communication
1. For each written communication from the Lessor, the Customer expressly accepts that the sending of written messages by means of computerized means, more precisely by e-mail directly to the e-mail address indicated in the contract, has the same value. of a postal communication made by registered letter.
Art. 14 :Treatment of personal data
1.The Customer undertakes to inform and inform third parties, of which he will communicate to the Lessor the common and possibly sensitive personal data, of the methods and purposes of treatment declared by the latter in the Information on the protection of personal data pursuant to 'art. 13 of Legislative Decree 196/2003, and following amendments or additions also according to GDPR 2018, on their scope of communication and on the rights recognized by law to the interested party. Likewise, the Customer declares to have read the information pursuant to art. 196 of Legislative Decree 196/2003 and subsequent amendments or additions also pursuant to the GDPR 2018, concerning the processing of personal data, drawn up by the Lessor company and delivered to him in copy.
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Art. 15: Domicile of the parties and competent court
1The lessor and the Customer declare that they elect the respective addresses listed in these General Conditions at home and undertake to immediately notify the counterparty in writing of any relative variation as well as any variation of the company name or legal status.
2.For any dispute that may arise regarding the interpretation, execution or resolution of these general conditions, the Court defined by the Lessor will be exclusively competent.
3.For anything not provided for in these general conditions, the rules of the Civil Code will apply.
Art. 16: Geolocator
1. The customer declares to be aware of and expressly authorizes that a geolocation device can be installed on the car, capable of detecting the position of the vehicle on the national territory, and by signing it declares to be aware of it and gives full consent. The use of the data will be treated in compliance with Legislative Decree 196/2003 and subsequent additions or changes also pursuant to the GDPR 2018.
Art. 17. Language and national law
This contract is governed exclusively by Italian law. The parties are aware and acknowledge that they have requested that this contract be drawn up mainly in the Italian language and declare that they understand its content. For reasons of expediency, where one of the two contractors is of a different nationality and without prejudice to the foregoing, this contract will also be translated into the language to which the latter belongs (or: it will be translated into English, which the contractor declares to know and understand and accept) and will be signed in 2 copies. In the event of a dispute, the Italian text will be the only one that will be authentic and the only language of the proceedings will be Italy.