VEHICLE DELIVERY AND START OF RENTAL

The rental starts at the moment in which the Dealer (from here on known as the “Leaser”) delivers to the Renter (from here on known as the “Client”) the vehicle. The vehicle is delivered in good condition and equipped with an emergency triangle, the standard tools, spare wheel, green insurance card and all the necessary vehicle registration documents, including the insurance certificate and receipt.

2. Vehicle assistance

In case of accident, break-down and/or the need to have the vehicle towed away, the Client must contact the number indicated on the vehicle. Any maintenance work or repairs made to the vehicle by the Client without authorisation from the Leaser and /or at centres not affiliated with the Leaser himself will not be refunded under any circumstances.

3. Insurance

The Leaser guarantees an insurance policy within the limits imposed by the law and rules, against the Client’s civil responsibility, as well as that of any other persons authorised to drive the vehicle. The policy does not cover damage suffered by the driver nor his liability for any damage to objects or animals being transported, as well as not covering damage caused by failure to comply to street signs for obstruction or danger; it does cover, however, liability to the driver for damages to third parties being transported, even if they are not family members of the Client or driver: as specified in the insurance policy, in which the Client declared to accept and undertake to respect all the clauses and conditions.

4. THE CLIENT’S OBLIGATIONS

The Client recognises that he has no actual rights of ownership to the vehicle and that he cannot, therefore, act as such, and is obliged:

  • To drive and look after the vehicle and its accessories carefully and with respect, within all the regulations of the law;
  • To take care of normal maintenance, checking the level of all lubricants, and the brake fluid;
  • To pay for any parking fines or penalties accrued during the rental period and to refund the Leaser for any legal expenses caused by/or as a consequence of the rental;
  • To pay the correct amounts for parking and motorway tolls during the period of the rental;
  • To exonerate the Leaser from any demands made by third persons for damages suffered by them, caused by goods being transported or that were present in the vehicle;
  • To respect the law regarding the transport of goods, assuming all responsibility for the necessary accompanying consignment notes.

5. USE OF THE VEHICLE

The Client has the responsibility not to drive or use the vehicle, and not to allow anyone else to do so:

  • In a country where the green insurance card isn’t valid;
  • For rent;
  • To push or tow objects;
  • Under the influence of drugs, narcotics, alcohol, or any other intoxicants;
  • In races, competitions or speed tests;
  • For illegal purposes;
  • If it is a person not nominated on the contract, in other words a different person from the Client, his/her parents, children, spouse, brother or sister, employer, work colleague, business partner or manager (if the Client is a Company);
  • A person who has given the Leaser false information regarding their details;
  • To not allow, under any circumstances, that the vehicle be driven by someone under the age of 21.

6. DAMAGE TO THE VEHICLE

The Client is obliged to compensate the Leaser for whatever damage, caused by whatever reason, to the vehicle during the rental period - within the limits of the signature in the specific box of the contract, the Client will be subjected to the charges specifically indicated, provided that there has been no violation of any of the obligations, whilst also remaining responsible for communicating to the Leaser the IVA taxes due on any compensation charge in every single event of damage. Even if the cost of paying for the repairs to the vehicle is inferior to the sum of the compensation charge as above, the Client will be obliged to reimburse the Leaser for the amount of the damage, accepting at that point the estimate prepared by the mechanic affiliated with the Leaser. The Client will also be obliged to reimburse the Leaser for any damage to the vehicle as a result of failure to comply with road signs indicating obstructions and/or danger, damages not covered by the insurance policy, as well as the cost of renovation and/or cleaning of the inside of the vehicle if it is returned at the end of the rental period with indelible stains and/or burns.

7. IN THE CASE OF ACCIDENT

The Client must as soon as possible:

  • Inform the Leaser by phone, sending him within the following 24 hours a detailed report filled out on the form included in the car documents;
  • Inform the nearest police authority;
  • Not declare their own responsibility;
  • Take note of the names and addresses of the third party and witnesses;
  • Give the Leaser any useful information;
  • Follow the instructions that the Leaser will give them regarding the safekeeping and/or repairs to the vehicle, complying also with the instruction given in part 2. If, after the accident, a CID form is signed, it is obligatory that this must be handed in by the Client to the Leaser by the end of the rental period. Failure to do so will result in the Client being charged the criminal repayment, relative to the cover for the damage to the vehicle.

8. RETURN OF THE VEHICLE

The Client is required to return the vehicle to the Leaser’s office on the agreed date or as specified in the general conditions of the Contract, at the request of the Leaser. The Client can extend the time of the car’s return by requesting it at least 24 hours before the planned deadline and only subject to the agreement of the Leaser. In the case of the vehicle not being returned by the agreed time, the Client will be charged a reparation fine equal to the amount of the agreed tariff , in addition to all the rental payments, until such time as the Leaser regains possession of the vehicle and the Leaser can recover actual possession of the vehicle in any manner, even against the wishes of the Client, who will be held responsible for all the costs sustained by the Leaser.

9. END OF RENTAL

The rental ends at the moment in which the Leaser takes back the vehicle and verifies the condition in which it was given. At some Branches, on holidays and during closing hours, the Client, with the authorisation of the Leaser, can choose to leave the vehicle outside the premises, putting the keys in the appropriate box , it is understood in this case that the Client will be responsible for any damage sustained to the vehicle until it is taken back and its condition has been verified by the Leaser.

10. SECURITY DEPOSIT

At the moment of the rental agreement the Client will have to pay a security deposit , of the sum requested by the Leaser, which will be held on their behalf, not only in case of missed payments of the mileage rates and/or time, but also to cover any damage that might be found at the time of the vehicle’s return and/or for any detriment that the Leaser might be subjected to as a result and consequence of any breach of contract on the Client’s part as foreseen in the General Conditions of Rent. It is understood that the Client will be also held responsible for any other damage and to pay any additional bills accrued by the Leaser. if the conditions are satisfied and there is no need to withhold the security payment this will be credited, in full or in part, towards payment of the Rental fee.

11. RENTAL PAYMENTS

The Client is required to pay the Leaser, at his request:

  • The mileage rate or/and time;
  • The tariff requested if the vehicle is returned to a different place from the one agreed on;
  • IVA tax;
  • The amount due for any penalties and/or fines incurred during the rental period;
  • Motorway tolls and parking payments relating to the use of the vehicle on the part of the Client;
  • The administrative costs in paying penalties and/or motorway tolls and/or parking fines;
  • The reimbursement of the penalties referred to above;
  • All expenses and obligations undertaken by the Leaser to obtain, from the Client, the full amount due for these obligations;
  • The amount of money necessary to leave the petrol tank at the same level as it was at the moment of delivery;
  • The costs of renovation and/or cleaning of the interior of the vehicle if it is brought back at the end of the rental with indelible stains and/or burn marks;
  • The costs of repairing the vehicle if damaged following failure to comply with warning signs for obstructions and/or danger;
  • Disposal costs for unwanted items left behind by the Client in the vehicle;
  • The required amount for any other service the Client has benefited from. Any excess petrol over the amount provided at delivery will not be reimbursed to the Client.

12. PAYMENT BY CREDIT CARD

If requested, the Client is required to give his credit card details to which the rental payments will be charged , failure to do so will mean the Leaser has the right to refuse the rental. The Client, giving his card details, authorises the Leaser to charge all the payments due, and any as a consequence to the Rental and accepts the charges to his credit card, as well as anything that is due after the conclusion of the contract , such as for criminal damages, fines, motorway tolls, parking tickets, payments for administrative costs, vehicle renovation charges following damages not covered by the Insurance Policy, costs for the renovation and/or the cleaning of the interior of the vehicle if it is brought back at the end of the Rental with indelible stains and /or burns; costs for disposal of unwanted items left in the vehicle by the Client and any other Rental payments. Failure to comply will mean the deposit being withheld, the Client will be required to give back the vehicle immediately and the Leaser can recover actual possession of the vehicle in whatever manner, even against the wishes of the Client, who will be held responsible for all costs sustained by the Leaser.

13. RESPONSIBILITY

Whoever signs the Rental contract in the name of and on behalf of a third party, must be responsible for all obligations stated in the Rental contract. The Client is responsible, in any case, for the actions and /or negligence of whoever drives the vehicle.

14. EXONERATED RESPONSIBILITY

The Leaser is not responsible to the Client or any other person for damages of any nature, including economic, or damages to any person or goods caused by breakdowns or defects in the functioning of the vehicle, theft, street accidents, riots, fire, earthquakes, war or natural disasters. The Leaser reserves the right, according to his indisputable judgement and without having to justify his refusal in any way, not to supply a replacement vehicle in the event of accident, theft, damages, or for any other reason.

15. LOSSES

Any items left in the vehicle are regarded as unwanted and the Leaser is not required to safeguard or return them. Eventual costs for the loss of items left in the vehicle will be the responsibility of the Client.

16. ADMINISTRATION COSTS

The expenses for organising the relative paperwork regarding administrative fines are calculated at 50 euro for each procedure and will be charged to a credit card or, on request, by another means of payment.

17. COURT OF JURISDICTION

For any disputes, deriving from and/or connected to the car rental, for any required action regarding enforced debt collection on the part of the Leaser, these will be resolved exclusively by the jurisdiction of the Court of Messina, with the exception of cases covered by “Art. 1469 bis c.c”.