Terms and Conditions

GENERAL RENTAL CONDITIONS

Art. 1 Rental Accessibility Requirements and Booking and Rental Procedures

1.1 The Customer, as the holder of the rental contract and any authorized driver of the vehicle identified in the Rental Letter, must comply with the identification and qualification formalities required by the Lessor by providing a valid identity document, to be shown in original at the time of vehicle pick-up (e.g., copies of documents, extensions, loss reports are not accepted). Each driver of the vehicle undertakes to provide correct information regarding their personal details, such as age, residence address and, if different, also domicile, telephone numbers, and email.

1.2 The Customer and any authorized driver must be at least 19 years old and must possess a valid driving license, valid for the entire duration of the rental, from an EU/EFTA country, which qualifies for the type of vehicle rented, issued at least 12 months prior, and must be shown in original (e.g., copies of documents, extensions, loss reports are not accepted). The possibility of renting 9-seater vehicles and those that, by engine displacement, cannot be driven by persons under the age of 21 is excluded. Customers residing in a non-EU foreign state must have a driving license from their country of origin and a valid international driving license.

1.3 For drivers aged between 19 and 24 years and over 75 years, access to rental is possible by applying a supplement (Young/Senior Driver, whose cost can be viewed on rentsmart24.com) and only for certain vehicle categories identified by the Lessor in relation to age bands and current regulatory forecasts.

1.4 To rent the vehicle, it is necessary to show a nominative credit card, bearing the name and surname of the Customer, with an expiration date no less than 90 days after the end of the agreed and/or extended rental period. Prepaid cards of any kind, Debit Cards, ATM cards, Maestro network cards, and virtual cards are not accepted as a guarantee. The credit card is required as a deposit/guarantee for all further possible charges originated from the rental contract (by way of example and not limited to: accidents, thefts, fines, insurance deductibles, etc.).

1.5 In case the Customer renounces the reserved vehicle, communicated to the Lessor with less than 48h notice, the Lessor retains the right to keep the amounts of prepayment related to the unutilized service.

1.6 In case of renunciation, against a reservation made without paying any advance, the Customer must still pay an amount corresponding to the minimum rental rate for the days booked.

1.7 The Customer's right to claim reimbursement of the amounts paid is excluded if at the time of vehicle pick-up they lack the requirements and documentation necessary for the signing of the Contract.

1.8 In case of reservation made without paying any advance, the Customer must still pay an amount corresponding to the minimum rental rate for the days booked if at the time of vehicle pick-up they lack the requirements and documentation necessary for the signing of the Contract.

1.9 The rental fee and all possible accessories/services requested by the Customer, must be paid in advance at the time of vehicle pick-up and only by means of electronic payment systems.

1.10 During the reservation, the Customer selects the category of the vehicle they intend to rent; the identification of the model is merely indicative, with the Lessor's option, at the time of pick-up, to provide a different model, as long as it belongs to the same category.

1.11 In case the reserved Vehicle is unavailable, the Lessor reserves the right to replace it with another of the corresponding or higher category. If even these are unavailable, the replacement will be with a vehicle of a lower category, with a consequent recalculation of the rate. In the event of an absolute inability to assign a Vehicle, or if the Client refuses to accept a Vehicle different from the reserved category, the Lessor's only obligation will be to refund what has been paid by the Client for the vehicle rental up to that point. The refund will be processed by re-crediting the amount paid by the Client to the card used for the payment.

1.12 Any changes requested by the Customer to the booking made are subject to availability and the consent of the Lessor. Requests for extension of the rental period that involve the availability of the same vehicle for periods longer than 28 days are not allowed. The duration of each individual contract can in no case ever exceed 28 days.

1.13 The Lessor undertakes to guarantee the availability of the vehicle subject to booking on the confirmed day and time, with a maximum tolerance of 1 hour from the time indicated in the booking. If the customer arrives beyond the allowed tolerance, the Lessor will no longer be required to deliver the vehicle.

1.14 The rates applied vary as a result of the actual pick-up and drop-off time of the vehicle.

1.15 The purchase of any accessory or service is optional and left to the discretion and will of the Customer. The prices of the accessories and extra services offered can be consulted within the price list published on our site Rentsmart24.com.

1.16 The Customer, by signing the Contract, authorizes the Lessor to charge on the credit card presented for the deposit the amounts corresponding to:

the rental fees fully considered (including extra km, extra days etc.)
the damages found upon return of the vehicle;
the reimbursement of expenses incurred for the recovery of the Vehicle not returned to the agreed place for any reason;
the deductibles;
the penalties;
any other sum due based on what is provided for in the previous articles (including, by way of example and not exhaustive: refueling service, One Way/trip to leave, replacements, out-of-hours service, supplements, penalties, compensations and indemnities, as well as any possible difference resulting from the use of a service different from the one estimated).

1.17 In case of electronic and/or remote detection of traffic violations, these will be sent to the Lessor, who will provide the driver's details to the competent authorities. It will not be possible to pay the fine through the Lessor, but it must be paid directly by the Customer to the local authorities who detected the violation and issued the fine.

1.18 It is the Customer's responsibility to provide the Lessor with a Credit Card that has sufficient funds for the formation of the security deposit and, in case of insufficiency of the funds of the first means offered to the Lessor, it is the Customer's responsibility to provide the Lessor with an additional Credit Card suitable for this purpose. The Lessor undertakes to release the amounts withheld as a security deposit after checking the condition of the vehicle at the time of return, net of charges attributable to the Customer.

Art. 2 Obligations and Powers of the Lessor

2.1 The Lessor undertakes to deliver the Vehicle in perfect condition and suitable for the agreed use and therefore having verified its functionality, the presence of safety equipment, the presence of a copy of the registration card and the validity of the RCA. The Customer by signing the Contract acknowledges the state of suitability of the vehicle for Rental.

2.2 From November 15 to April 15 every vehicle will be equipped with snow chains, free of charge.

2.3 The Lessor undertakes to refund the costs and expenses possibly incurred by the Customer during the rental, for breakdowns promptly communicated to the Lessor and not attributable to the Customer himself, provided that they are expressly authorized in written form and documented by a suitable fiscal document addressed to the Lessor.

2.4 The Lessor reserves the right to evaluate the Customer's requests for vehicle change for breakdown/accident based on the availability of cars at its own depots. The replacement of the vehicle will not change the economic conditions of the original contract except for any specific requests from the Customer that change the content of the service. The replacement vehicle will be made available to the Customer only and exclusively at the Lessor's branches. The model may not correspond to the one to be replaced and will be chosen based on the booked category and the availability of the nearest branch.

2.5 In case of breakdown or damage attributable to negligence and/or inexperience of the Customer, the Lessor has the right to immediately terminate the contractual relationship.

2.6 The Lessor is never responsible for the custody and/or return of goods left inside the vehicle at the time of return.

2.7 The Lessor reserves the right to refrain from immediately repairing or replacing the vehicle, where the problem complained about by the Customer does not prejudice its functionality or circulation according to the current legislation.

2.8 The Lessor reserves the right to suspend and/or cancel the effectiveness of the agreements aimed at limiting/excluding the liability - even just financial - of the Customer in cases of fraud or and/or serious fault attributable to the Customer during the rental.

Art. 3 Obligations, Responsibilities and Rights of the Customer

3.1 The Customer, upon taking delivery of the vehicle, becomes the custodian of the vehicle and undertakes to drive personally, as well as to the custody and use of the same with the utmost care and diligence, respecting the destination and characteristics indicated in the registration card and within the limits provided by Law.

3.2 Furthermore, the Customer undertakes to:

verify the conditions of use and maintenance of the vehicle at the time of taking custody of the property;
verify the presence on the vehicle of safety equipment and vehicle circulation and insurance documents;
take care, during the rental, of the ordinary maintenance of the vehicle with the diligence of a “good family man”, providing, for example, the control and possible adjustment of all levels of lubricants, brake oil and tire pressure check;
do not sublet or rent the vehicle;
do not entrust the driving of the vehicle to unauthorized persons because they are not included in the Contract.
do not smoke or allow smoking inside the vehicle;
do not transport animals on the vehicle without specific written authorization from the Lessor and in any case in compliance with art. 169 of the Highway Code;
do not transport goods and/or items on the vehicle if the vehicle does not have the specific intended use;
drive the vehicle in full compliance with all the laws that regulate road traffic, avoiding, in any case, to use the vehicle on rough or unsuitable roads for the technical characteristics of the same;
do not transport the vehicle on Ships or Ferries;
return the vehicle to the Lessor with a full tank of fuel or with the same quantity indicated at the beginning of the rental agreement, unless you have purchased the “Prepaid Full” option;
guard the Vehicle with the best diligence, activating every existing security device, avoiding to leave visible devices or valuable objects inside the cabin and, in general, doing everything necessary to ensure the best security of the property of the Lessor;
promptly pay any fines and/or highway tolls and/or parking tickets and/or traffic code violations contested to the customer during the rental period and immediately notify the lessor, in any case no later than the time of returning the vehicle;
do not drive or otherwise use the vehicle outside the national territory unless prior and express authorization in written form by the Lessor; if the Lessor grants permission to go to one of the following foreign countries: GERMANY, FRANCE, SPAIN, SWITZERLAND, AUSTRIA, CROATIA, SLOVENIA, BELGIUM, LUXEMBOURG, PORTUGAL, NETHERLANDS, LIECHTENSTEIN, the Customer is obliged to bear the additional cost of the “Cross Border Fee” service amounting to € 70.00;
in the event that the Customer reaches the extra-national territory with the rental vehicle without prior authorization for expatriation, he will be held fully responsible for all damages of any kind occurred on the extra-national soil, with the decay of any contractual provision of better favor; the Customer will also be burdened with a penalty in the amount of €. 200.00; in case the Customer reaches with the rental vehicle a State different from those in the list above, the Lessor reserves the right to report the circumstance to the competent Authorities, for the forced recovery of the vehicle; this circumstance legitimizes the Lessor to fully execute the security deposit;
do not drive or otherwise use the vehicle outside the national territory in countries where the Green Card of Auto Civil Liability is not valid and therefore undertakes to compensate for any direct and/or indirect damage possibly generated;
do not transport on the vehicle subject to the lease goods and/or people and/or things behind compensation and/or remuneration;
do not push or tow other cars or objects with the vehicle subject to the lease;
do not drive the vehicle subject to the lease under the influence of drugs, narcotics, alcohol or other psychotropic substances;
do not use the vehicle subject to the lease for races, competitions or speed tests or for giving driving lessons or practicing the same and/or for a purpose contrary to the law and the rules governing road traffic in the country where it is driven, nor for the transport of smuggled goods, explosive, polluting material or for any other transport in violation of laws or regulations;
do not carry out any repair work on the rented vehicle without the written consent of the Lessor;
for any possible breakdown or failure, the Customer is obliged to contact immediately the Roadside Assistance service, calling only the numbers indicated in the Contract or communicated by the Lessor and stopping the circulation, following the indications of the Lessor regarding the possible replacement or return of the Vehicle; the Lessor reserves the right, at his sole discretion, not to grant a replacement Vehicle in case of insolvency, theft, fire, negligence or serious accident of the rented vehicle; the possible replacement will normally be with a vehicle of the same category; in case of unavailability a lower or higher category vehicle may be delivered to the Customer, applying the reductions and the increases provided by the tariffs;
The Tow Truck service (both for towing and for breakdown) will be charged to the customer unless the purchase of the Roadside Assistance service;

The Lessor reserves the right to take possession of the vehicle at any place and time in the event of violation of the rules referred to in this article 3.2.

3.3 The Customer is responsible for any damage that may result from the violation of the obligations referred to in the preceding paragraph, as well as for fines and/or any other charge resulting from violation of the highway code or other legal provisions or regulations, tolls, parking costs and in general the sums connected with the use of the vehicle during the rental period and undertakes to reimburse the sums for this purpose possibly advanced, including, postal and administrative expenses necessary for the request for reimbursement. In particular, the Customer is required to reimburse the Rental Company for costs related to the failure to timely pay fines. Consequently, the Customer will be charged an amount of €35.00 plus VAT if it becomes necessary to initiate procedures for the delivery of fines, or a higher amount if additional costs are incurred by the rental company.

3.4 The Customer is responsible for any damage, theft or fires occurred to the vehicle; the responsibility of the Customer is extended to, by way of example and not exhaustive, the cost of repairs, the loss of value of the vehicle, the lost rental income, towing and storage costs and the administrative costs incurred for the management of any event or claim arising from the damage caused to the vehicle or from the accident, which will be charged to the Customer according to what is provided in the present contract and quantified according to the damage table published on the website.

3.5 All customers and/or additional authorized drivers as well as credit card holders will be jointly liable for all the obligations of the leaseholder arising from the contract and from the laws applicable to the same.

3.6 Notwithstanding the possibility for the Customer to demonstrate that the non-fulfillment and/or damage to the vehicle depended on causes not attributable to him; this clause does not in any case reverse the burden of proof nor preclude the possibility of proposing any exceptions under the law.

3.7 The Customer, unless otherwise agreed, is burdened with the obligation to pay the deductibles indicated in the rental letter, in the event of verification of accidents and/or theft and/or fire.

3.8 Notwithstanding the provisions of point 3.7 above, the Customer is burdened with the obligation to fully compensate for the damage resulting from an accident that occurred when he was driving while intoxicated and/or under the influence of narcotics and/or attributable to intentional misconduct or gross negligence.

3.9 The Customer is burdened with the obligation to fully compensate for the damage resulting from negligent driving (e.g., scratches from vegetation, damage to the underbody, tire punctures due to hitting the curb).

3.10 The Customer is burdened with the obligation to fully compensate for the damage resulting from violation of the Highway Code or other laws and regulations.

3.11 Also excluded from insurance coverage and from limitations or exclusions of liability are damages voluntarily caused by the Customer to the vehicle, or due to negligence, as well as those related to the interior of the vehicle (including those to the dashboard, airbags, seat belts, touch screen display, etc.), to the roof and to the bodywork of vans, damage caused by the lack of evaluation of the height of the vehicle and protruding objects or overhanging the roof, those caused to the clutch kit, due to over-revving of the engine, damages resulting from incorrect/insufficient fuel supply, the theft of tires and/or rims, the breaking of components due to unauthorized circulation on rough roads, as well as damages caused by non-compliance with the provisions on Vehicle Circulation.

3.12 The Customer is burdened with the obligation to fully compensate for the damage resulting from theft if the original opening and ignition key is not returned. current of the vehicle.

3.13 In all cases of accident, theft, fire, partial or total, the Customer is obliged to make a regular report to the competent authorities and, within 12 hours of the event, to deliver it to the rental company.

3.14 The Customer has the option to purchase packages to reduce and/or eliminate the compensatory penalties and/or deductibles.

3.15 In case of damage to the vehicle, in addition to the amounts due for the restoration of the vehicle, or for the fulfillment of the prescriptions of the P.A., the Customer undertakes to take charge of:

damage management expense equal to €. 60.00 + VAT which is previously authorized the debit by the Customer on the payment/credit instrument left as a guarantee;
costs related to the technical stop calculated at the daily rate in force on the rental contract.

3.16 The rented vehicle must be returned with the same amount of fuel contained in the tank at the time of pick-up; the Customer will be charged an amount equal to € 2.50 VAT included/liter in case of refueling less than the original quantity, plus a one-time amount for refueling operations equal to € 20.00 including VAT; any excess fuel compared to the time of pick-up cannot be subject to refund in favor of the Customer.

3.17 The Customer undertakes to respect the distances indicated in the rental letter; in case of exceeding the distances, the extra costs indicated in the rental letter will be charged; in case of breakdown of the odometer a distance of 300km/day will be calculated.

3.18 In any case of verification of an accident, except for the case where the Customer has purchased the so-called Premium package, the Customer will be required to pay the charges related to the technical stop of the car; if in the accident third parties are involved, the Customer, except for the case where the Customer has purchased the so-called Premium package, the Customer will also be charged the accident management expense whose amounts are consultable on the site rentsmart24.com.

3.19 In case of an accident suffered or caused by the rented vehicle, even if the same does not suffer damage, it is the duty of the Customer:

provide the Lessor with the names and addresses of the parties and the license plates of the vehicles involved in the accident, as well as the personal details of any witnesses;
immediately notify the Lessor of the accident by phone, sending a detailed report accompanied by a diagram;
immediately inform the Police Authorities in case of need for investigations against third parties or in the event that there are injured;
do not leave the vehicle unattended and without adequate safeguard;
if requested, even subsequently, collaborate with the Lessor in the management of the causes that may arise as a result of the accident;
fill in with the counterparty the Friendly Accident Statement (C.A.I.) available to the Vehicle and make it reach the nearest agency of the Lessor within 24 hours from the event, or deliver it at the same time as the return of the Vehicle if this takes place within said same term of 24 hours from the event; the friendly accident statement form must be duly completed in all its parts, in order to make clear, and without a shadow of a doubt, the dynamics of the event.

Failure to comply with the above obligations will result in the ineffectiveness of any insurance coverage or limitation of liability conventionally established in favor of the Customer. In case of non-compliance with the obligations of reporting and communication as per the previous paragraphs, all the limitations and/or exclusions of liability for damages, theft or fire, total or partial provided in favor of the Customer, are void, who is also responsible for the damages suffered by the Lessor in relation to the omitted or delayed communication.

3.20 In all cases of theft or fire, total or partial, or act of vandalism, the Customer is obliged to immediately make a regular report to the competent authorities, delivering a copy to the Lessor within 48h from the same, along with the vehicle keys, to the nearest agency of the Lessor and actively collaborate with the latter in the management of the judicial procedure; in this case too, the penalty for administrative practice management by the Lessor will be applied.

Art. 4 Insurance coverage

4.1. The Customer always has included in the Rental:

CDW reduction of the compensation penalty for damages
TLW reduction of the compensation penalty for theft
RCA according to current laws, which guarantees insurance coverage of Civil Liability towards third parties with reference to people, things (excluding those transported) and animals. The transported on the Lessor's Vehicle is equated to the third party.

The values of maximum liability for damage or theft, therefore of CDW and TLW, will be indicated on the rental contract based on the category of the rented vehicle.

4.2 Packages for elimination and/or reduction of compensation penalties for damage and/or theft are available for the Customer at all rental locations as specified below:

Included in the rental rate is the BASIC COVERAGE: it provides coverage, net of the deductible, for theft and RCA; the “deductible” is the amount that, in case of damage/accidents, always remains at the expense of the customer (increased by accident management fees); damages caused to tires and glass, which must be compensated by the Customer for their entire value, are excluded from the BASIC coverage;
COMFORT COVERAGE: provides coverage for theft and RCA, net of the deductible and the above mentioned charge for accident management; it provides coverage for additional damages, as specified in the separate contract, and reduces the amounts for the corresponding deductibles. Damages caused to tires and glass, which must be compensated by the Customer for their entire value, are always excluded from the insurance coverage; also excluded from the insurance coverage are all damages attributable to improper use of the vehicle and/or negligence; this coverage does not include roadside assistance.
EASY COVERAGE: includes coverage for damage without excess, with the theft excess remaining the responsibility of the Customer (the penalty for failure to present the accident report form [CID] in case of an accident involving a third party still applies); the insurance coverage includes damage to tires and windows. However, all damages attributable to improper use of the vehicle and/or negligence are excluded from the insurance coverage. This coverage includes free roadside assistance.
PREMIUM COVERAGE: provides comprehensive coverage, with no deductibles charged to the Customer for damages, theft, RCA (the penalty applied for failure to present the CID, in case of accident with counterparty, remains); this coverage includes roadside assistance; damages caused to tires and glass are included in the insurance coverage; all damages attributable to improper use of the vehicle and/or negligence are excluded from the insurance coverage.

At the rental desk, it is possible to separately subscribe to Glass and Tires coverage and Roadside Assistance, not included in the BASIC, COMFORT and EASY coverages.

Each coverage purchased is considered operational for the entire duration of the rental, even if extended, with the charge of the related additional burden.

The option to modify the type of insurance coverages during the rental period is excluded.

Art. 5 Pickup and return of the vehicle

5.1 The contractual relationship begins on the day and hour of the delivery of the vehicle to the Customer and ends on the day and hour of the return of the vehicle to the Lessor.

5.2 In the event that the Customer has made a reservation that provides for the collection of the vehicle between 8:00 PM and 8:00 AM, it is mandatory to complete the web check-in procedure before entering the structure.

5.3 The Customer declares that, before taking custody of it, he has examined the vehicle subject to the rental contract acknowledging that it is suitable for the agreed use and complete with safety equipment and circulation and insurance documents.

5.4 The Customer is obliged to promptly report to the Lessor, in any case before using the vehicle, any anomalies, damages and defects found on the vehicle not indicated in the rental contract or indicated with a different level of severity than what was found.

5.5 All damages and/or defects and/or anomalies that the Lessor will find upon return of the vehicle, excluding those noted on the contract at the time of delivery of the vehicle, will be indicated on the vehicle return form and charged to the Customer who will be obliged to compensate for the restoration costs and the administrative and management expenses related to the practice.

5.6 At the time of return, the Customer has the obligation to verify, in contradiction with the Lessor, the state of the vehicle, ascertaining and signing any discrepancies compared to what was indicated in the rental letter at the time of delivery. In case of no joint verification, the Customer expressly authorizes the Lessor to charge the burden of any damages found on the Vehicle even after the return.

5.7 The Vehicle must be returned during the opening hours of the Agency at which it was taken into custody, or, at the request of the Customer, at another Agency of the Lessor.

5.8 In the case of return outside the opening hours of the Agency, the rental is considered concluded at the reopening of the same - provided that the Vehicle has been effectively taken into custody by the Agency - both for the purpose of determining the fee, and for those of the responsibility connected with the possession of the Vehicle itself (by way of example and not limited to, in relation to damages of any nature, theft and/or total or partial fire, missed refueling, etc.).

5.9 In the event of return outside the opening hours of the Agency, the Customer assumes the burden of demonstrating that the vehicle is returned in the same factual and legal state in which it was at the time of pick-up, remaining burdened, otherwise, with the obligation to compensate for all damages related to any discrepancies compared to what was indicated in the rental letter at the time of delivery.

5.10 In the event of return outside the opening hours of the Rentsmart24 Agency, it will send an email to the Customer with the closure of the rental contract in which the actual state of the car and the fuel level will be reported; in case of damage, the Lessor will charge for the damage found at the time of return of the vehicle; if the amount of vehicle damage is greater than the financial availability of the credit card provided by the Customer, the latter must provide the Lessor with another valid payment method for the balance of the amount due.

5.11 If the Lessor requests the return of the vehicle, before the contract expires, for its own administrative and/or commercial needs, the driver is obliged to deliver the vehicle to the exit branch or the location closest to him, within and no later than 72 hours from the request, except for the compensation of damages caused by the failure to deliver within the scheduled times; it will be the Lessor's responsibility to provide a replacement vehicle, if requested, until the expected return date as per contract.

5.12 The Customer undertakes to return the vehicle, along with its accessories and documents, free of goods or items, on the date, time and place indicated at the time of signing; in case of return of the Vehicle made before the return date/time indicated in the Rental Letter, no refunds are provided for the days and hours of rental not enjoyed.

5.13 In case of unilateral changes compared to the original agreements, the Lessor has the right to charge the Customer the following costs:

charges for extra contractual duration;
charges for vehicle transfer to the originally agreed location;
penalty for case management;

5.14 The vehicle must be returned to the rental branch requested and indicated on the contract when the contractual relationship began, on the date and time scheduled, with a tolerance of 59 minutes from the indicated time; in case of exceeding the expected tolerance, an extra day of rental will be charged, for each day of delay until return, notwithstanding in any case the greater damage, unless written authorization has been issued by the Lessor for the continuation of the rental; for rates subject to time limits (e.g. weekends, holidays, promotions), after the tolerance time has passed, the possibility of applying such rates expires and the entire rental will be charged at the “Standard Rate” of daily rental.

5.15 If the Customer wishes to modify the terms of the return (place, date, time) he must contact the relevant Office to check availability and any costs due for the requested changes.

5.16 There are compensatory penalties, in addition to the cost of administrative management, to be borne by the Customer at the time of returning the vehicle:

the keys of the same are not returned, due to loss or for any other reason or are returned damaged and/or tampered with;
in case of loss and/or deterioration of the license plate, circulation documents and equipment of the vehicle, whatever the cause;
in case of return of the vehicle with evident signs of dirt, both in the internal parts and in the external parts, except for the tolerance for the ordinary use of the vehicle itself; in this case the Customer is also burdened with the expenses that the Lessor must bear for the cleaning and any sanitization of the vehicle.

5.17 The Customer who signs the Rental Contract is in any case responsible for every fact, action or omission attributable to the driver or drivers included in the Contract itself.

5.18 In the event that no accident has occurred, in order to allow the Lessor to protect his rights against fraud or unfounded requests, the Customer must nevertheless, at the time of returning the vehicle, explicitly declare (and in writing) not to have suffered or caused any event.

Art. 6 Resolutive clause

The violation of the provisions of Articles 3 and 5 above entitles the Lessor to the termination of the contract under art. 1456 civil code, without prejudice to the Lessor's right to obtain compensation for any further damages.

Art. 7 Miscellaneous

7.1 The Rental Contract is governed by Italian law and in case of conflict in interpretation between the Italian version and the possible courtesy translation of these Terms and Conditions, the Italian version will prevail over the others.

7.2 No modification can be made to the Contract except in written form and with the consent of a representative of the Lessor equipped with suitable power of attorney.

7.3 In case of late payment, to be understood as such made by the Customer at any time after notification of the amounts due, the Lessor will be entitled to interest for the late payment in the measure specified in D.lgs. 231/02.

7.4 For all matters not expressly governed by the Contract, the provisions of law apply.

7.5 Any changes, modifications, updates to the General Contract Conditions, the Lease Contract and the Tariff will always be made public in a suitable and lawful manner.

7.6 The Customer and any possible user of the vehicle is informed that, for security reasons, some vehicles may be located via GPS devices from third-party providers in order to protect the Lessor from risks of theft or fraud; the aforementioned devices can detect, for example:

location of the vehicle with relative cartographic map usable for theft, robbery or misappropriation;
data on speed and accelerations in the event of accident detection;
statistical travel data.

The databases in which such information is stored are managed by external specialized companies, specifically appointed as Data Processing Managers and Privacy by the Lessor; the latter reserves the right to communicate such data to the Judicial Authorities, Insurance Companies, Law Firms and companies specialized in the prevention and management of thefts or accidents and to use or have used the contents for any action for its protection.

7.7 In case of non-recovery, contractual breaches, company insolvency or unjustified delay in returning the Vehicle, the Lessor reserves the right to report misappropriation to the competent authorities and, charging the latter all the costs that will derive from it.

Art. 8 Competent Forum

The Exclusive Competent Forum for any dispute relating to the validity, interpretation, execution or termination of the Contract is exclusively the forum of Milan (MI).
In the event that the contract is signed by a consumer, the Competent Forum is that of residence or domicile of the same, notwithstanding what is provided in the first period of this article.

Art. 9 Privacy Policy

The processing of Customer data is in full compliance with Legislative Decree 196 of June 30, 2003 (Code for the protection of personal data), and subsequent amendments, and EU Regulation 2016/679 (GDPR) of the European Parliament and of the Council, of April 27, 2016 (also available on the site rentsmart24.com).

According to the indicated legislation, the processing related to this service will be based on the principles of correctness, lawfulness, transparency and protection of Your privacy and Your rights. The personal data of the user are used by RENTSMART24 S.r.l. - Via F. Filzi 2 - Milan (MI) - VAT: 09937940964 - Tel: +39 020502 - E-mail: [email protected], who is the owner of the processing. Pursuant to Article 13 of the GDPR 2016/679, therefore, we provide you with the following information:

1) TYPE OF DATA COLLECTED - The personal data that will be collected and processed during the activation of this service include: identifying data (surname and name, residence, domicile, birth, telephone number, billing address, online identifier), identity document (identity card, passport, or license), bank data, location data (location, GPS, GSM, other);

2) PURPOSE AND LEGAL BASIS OF THE PROCESSING - The personal data collected will be processed for the following purposes: for the conclusion and execution of vehicle rental contracts and any related contracts, for the analysis and improvement of Services, for the management of complaints and disputes, implementation of international payment systems standards (e.g., bank transfers, debits/credits by credit cards, etc.) These purposes are jointly defined as “Contractual Purposes”; with the prior consent of the User, for activities of sending advertising material and use in the context of analysis and commercial studies and consumption habits. This purpose is defined as “Marketing Purpose”

The processing of Users' personal data is necessary, with reference to the Contractual Purposes, to execute the Contract. If the User does not provide the personal data necessary for the Contractual Purposes, it will not be possible to proceed with the conclusion of the contract. The processing for Marketing Purposes is optional. If the User denies his consent, he will not be able to receive commercial communications. At any time, the User can still revoke the consent possibly granted.

3) METHODS OF DATA PROCESSING - Users' personal data can be processed with manual or computer tools, suitable to guarantee their security, confidentiality and to prevent unauthorized access, dissemination, modifications and subtractions of data thanks to the adoption of adequate technical, physical and organizational security measures.

4) CATEGORIES OF RECIPIENTS - Without prejudice to communications made in compliance with legal and contractual obligations, all collected and processed data may be communicated exclusively for the purposes specified above to the following categories of recipients: Banks and credit institutions; Authorized persons; Third party service and consultancy providers with reference to the activities of the sectors (purely by way of example) technological, accounting, administrative, legal, insurance, IT; Data processing managers.

5) TRANSFER OF DATA TO A FOREIGN COUNTRY AND/OR AN INTERNATIONAL ORGANIZATION - The data you provided will not be subject to transfer to Extra EU countries or international organizations.

6) DATA RETENTION TERMS

For the Contractual Purposes referred to in point 2, the personal data of the Users are kept for a period equal to the duration of the Contract (including any renewals) and for the 10 years following the end, resolution or withdrawal of the same, except for cases where storage for a subsequent period is required for any disputes, requests from the competent authorities or pursuant to the applicable legislation;
For the Marketing Purposes related to the sending of advertising material and use within the scope of analysis and commercial studies and of consumption habits, the personal data of the Users are kept for the duration of the Contract and for a period of 5 years following its termination.

7) USER RIGHTS REGARDING THEIR PERSONAL DATA - At any time, you can exercise the following rights: request more information related to the contents of this information; access to personal data; obtain rectification or deletion of the same or limitation of the processing that concerns them (in the cases provided by the regulation); oppose the processing (in the cases provided by the regulation); data portability (in the cases provided by the regulation); revoke consent, where provided. The revocation of consent does not affect the lawfulness of the processing based on the consent given before the revocation; propose a complaint to the control authority (Privacy Guarantor).

GENERAL RENTAL CONDITIONS