1 The Business House (hereinafter referred as the “Lessor), consign to the renter (hereinafter referred to as the “Client”) the vehicle specified at pg. 1 of the rental contract with the following accessories: warning triangle, standard tool kit, spare tire, insurance green card and all the documents necessary for the circulation of the vehicle like the certificate of registration which must always be left inside the vehicle, the insurance certificate and stamp as well as the accessories listed at pg.1.The vehicle in question is provided with a full tank of gas unless otherwise specified at pg. 1 of the rental agreement and must be returned at the end of the hire period with the same amount of fuel; should the Client fail to do so, he/she must pay the cost of the missing fuel as well as a surcharge for fuelling according to the official rates.
2. The Lessor undertakes to refund the Client the amounts he/she has paid to cover expenses for repairs of failures affecting the vehicle as long as these are duly invoiced to the Lessor. In case of expenses exceeding € 60,00 the Client must request and obtain the prior authorization of the Lessor.
3. The Client undertakes to: a) drive the vehicle and take care of it and of the accessories provided with due diligence and in compliance with existing laws; b) provide for its regular maintenance, lubricating, checking of the lubricant and braking fluid levels; c) pay the amount due for any fine received during the hire period and to refund the Lessor any costs that the latter has borne, plus € 20,00 for each fine. The Client must notify the Lessor of any fine received from public authorities within twenty-four hours; d) exempt the Lessor from any claim of the part of third parties for damage that they may have suffered with regard to goods carried or in any case found on board the car. The Client acknowledges that he/she has no right whatsoever on the car and hence cannot dispose of the car not even by way of pawn.
4. The Client undertakes not to drive or use the car and not to allow and/or tolerate that others drive or use it: a) in a country other than Italy, Austria, France, Germany, Spain, Portugal, Andorra, the Vatican City, San Marino, the Principality of Monaco, Switzerland, Belgium, the Netherlands, Sweden, Denmark, Norway, Finland, Liechtenstein, Gibraltar, Corsica, Great Britain, Ireland, Luxembourg or where the insurance green card is not valid, or where there are political disorders or wars. In any case it is forbidden to drive our car in the countries of Eastern Europe; b) for the expatriation of the car as an export; c) for the transportation of persons or things for the account of third parties; d) for competitions or races; e) to give driving lessons or to practice for driving; f) to break speed limits; g) to violate the rules of the new Italian Highway Code or use the car for purposes in violation of the law; h) in case of persons other than those specified in the rental contract or who have provided false details with regard to their age, name and address and in any case persons under the age of 21 or over the age of 75 or, with regard to the hire of cars with a piston displacement over 1400cc (included), persons under the age of 23 and who have a driver’s license for less than three years.
5. Insurance and liability limitation terms:
a. The Lessor guarantees that the car is covered by an insurance policy for the civil liability of the Client and any other person authorized to drive the car for damage to persons, things and animals within the limits laid down by the law and applicable regulations for a total maximum of € 1.500.000,00.
The insurance policy does not cover damage to the car’s driver, to his/her spouse not legally separated, to his/her legitimate ascendants and descendants, be they natural or adoptive, to his/her affiliates and other relatives and in-laws up to the third degree of kindership in the case of a damaging event ascribable to the driver. The Lessor provides the Client a special clause for the exclusion of liability for damage suffered by the Client and the person specified above for a maximum of € 15.000,00 which the Client can purchase by signing the relevant box at pg. 1 of the rental agreement, at the conditions therein specified (“Personal Accident Insurance/PAI”).
b. The Client undertakes to refund the Lessor any damage suffered to the veicle for any reason whatsoever.
1. Within the limits specified below, the Client is entitled to reduce the amount of the damages to be refunded to the amount specified in the official rate by signing for acceptance the relevant C.D.R. (Collision Damage Reduction) section at pg. 1 of the rental agreement at the conditions therein specified. Said limitation of liability is valid and effective only in the case of damage suffered during a collision with another vehicle and provided that there has been no violation of any of the provisions laid down in articles 4 and 6 of these General Contract terms or of any law. The C.D.R. liability limitation clause does not cover in any case whatsoever damages to the wheels and the bottom of the vehicle and the loss of the documents provided with the car. Should the Client decide not to accept the C.D.R. liability limitation clause, he/she must pay a deposit in advance before the start of the hire period in the amount specified in the official rate. Said amount shall be returned in full to the Client upon the return of the car in normal working conditions and without any damage whatsoever. In case of a damaging event, the Client is liable for the payment of the amount of the damage caused to the vehicle and of the expenses for the collection of the vehicle as well as the amount for rentals not carried out during the time necessary to make the repairs and calculated at the lowest rate among those in force specified in the official booklet and ANIA tables in force at the moment of the consignment of the vehicle. The expenses borne for the purchase of spare parts, labor or towing are to be refunded at the value laid down in the pricelists of the suppliers. In case of accidents, the Client is liable for the cost the Lessor must pay to the Insurance Company even if the vehicle has not been damaged.
2. The Client is entitled to exclude liability for damages to the vehicle within the limits of the law and without prejudice to the provisions laid down herein by signing the relevant section at pg. 1 of the rental agreement under “Super C.D.R.” (Super Collision Damage Reduction) at the daily and/or weekly rate in force at the acceptance of said clause. Said liability limitation clause does not include in any case whatsoever damage to the internal upholstery, wheels, bottom of the vehicle, roof, and camber as well as the loss of the vehicle’s documents and those cases in which the accident has not involved a collision with another vehicle and provided that there has been no violation of any of the provisions of articles 4 and 6 of these General Contract Terms, and of the law.
c. The Client is liable for any cases of theft or fire of the vehicle. Should one of these cases occur, he/she must report it to the local police authorities and send a copy to the Lessor. In said cases the Client must pay the amount due from the start of the hire period to the date of the receipt of the report by the Lessor, according to the rate agreed upon at the beginning of the hire or according to the official rate should the report be received after the date set for the return of the vehicle. The Client must return the original keys of the vehicle together with the report.
1. The Client is entitled to reduce the amount due for the damage to be paid in cases of theft and fire to the amount specified in the official booklet signed for acceptance in the relevant section under T.L.R. (Theft Loss Reduction) at pg. 1 of the rental agreement at the conditions therein laid down. Should the Client not accept the T.L.R. liability limitation clause, he/she must pay in advance at the beginning of the rental period a franchise by way of caution money. The amount of the franchise is specified in the official booklet and it will be refunded in full to the Client upon the return of the vehicle in intact conditions and without any damage whatsoever. In the case in which the Client should fail to return the keys, he/she must pay the Lessor the entire value of the vehicle as per the yellow Eurotax list..
d. The validity of the aforementioned clauses for the limitation of liability is subject to compliance with all of the relevant provisions and obligations laid down in articles 4 and 6 of these General Contract Terms on the part of the Client and of the authorized driver. Save for the ban on circulation as per art. 4, item a, no limitation of liability is effective for events occurring in countries other than those therein specified.
6. In each and every case of accident, theft, fire or other damaging event, the Client must comply with the following obligations: inform the Lessor immediately by telephone, telegram or fax, and send within twenty-four hours from said event a detailed report of the circumstances by means of the relevant form attached to the vehicle’s documents, inform the nearest police station and have it issue a copy of the report which is to be sent to the relevant station of hire within twenty-four hours, fill in completely the amicable accident statement attached to the vehicle’s documents and have it signed by the persons involved in the accident while making sure that the details of the parties and any witnesses, the license plate numbers of the vehicles involved, the data pertaining to the title and coverage of the insurance policy are written down and follow carefully the instructions provided by the Lessor with regard to the care and repair of the vehicle. In case of the failure to perform any one of the aforementioned obligations, the Client shall be held liable for the damage suffered by the car even in the case of a potentially active loss. The Lessor does not guarantee the replacement of the vehicle with another vehicle in the case of loss owing to damage, theft or fire.
7. The Client undertakes to return the vehicle and the keys to the Lessor at the place and by the date specified at pg. 1 of the rental agreement with all the accessories and in the state in which it was received. Should the vehicles (of any group) be returned to a station other than the initial station, the Client must pay a surcharge (Return Journey Surcharge/VAL) as per the official booklet. The Client must return the vehicle as soon as the Lessor should request it. In case of the failure to return the vehicle, the Lessor is entitled to recover the possession of the vehicle with all means also against the will of the Client and completely at the expense of the latter. The Client acknowledges that the hire shall end on the date and hour when the vehicle and its keys are received by the Lessor. Should the Client be authorized to return the vehicle out of office hours, the hire shall end on the date and hour when the office opens again. In case of the return of the vehicle out office hours the Client is held liable in any case for any damage found on the vehicle at the opening of the office and is also liable for the appropriation of the vehicle or the keys left in the relevant box by any third party for any reason at all.
8. The Client must pay the Lessor at the conclusion of the contract: a) the kilometric hire rate (calculated on the basis of the reading of the odometer) or the time rate specified at pg. 1 of the rental agreement, in case of the malfunction of the odometer, the due rate shall be determined on the basis of a fixed distance covered value equal to 250 km per day. Each time the rate is based on the number of days, the term “day” will refer to a period of 24 hours or a fraction starting from the moment the vehicle is handed over to the Client unless otherwise specified. Any delay of more than 59 minutes in the return of the vehicle entails the charging of another full day of hire; b) the VAT in force at the moment of the conclusion of the contract; c) the amount due for refueling as per art. 1; d) with regard to rentals starting at an airport, an “airport surcharge calculated in percent on the hire total inclusive on any extras with the exception of the amounts due for fuel and taxes; e) with regards to rentals starting at a railway station, a “railway surcharge” calculated in percent on the hire total inclusive of any extras with the exception of the amounts due for fuel and taxes; f) the rates for the special liability limitation clauses as per art. 5; g) the drop off surcharge as per art. 7; h) the refund of the expenses for the collection of the vehicle not returned for any reason; i) any other amount laid down in this contract by way of consideration and/or refund; l) any expenses that the Lessor may have to bear to obtain the payment of the aforesaid due sums by the Client; m) duties for the circulation of motor vehicles (Road Tax) the client must pay upon the conclusion of the rental contract all the duties for the circulation of motor vehicles (Road Tax) according to the rates in force at the moment of the conclusion of the contract for each day of hire and op to a maximum of 21 days of hire; n) the surcharge for each additional driver at the official rates.
9. Whoever stipulates the rental contract in the name or on the behalf of a third party or in the quality of said party’s legal representative shall be held liable jointly and severally with the third party for the performance of the obligations laid down herein without the benefit of prior execution. The Client stipulating the rental contract shall be held liable for any fact, act, or omission ascribable to the vehicle’s driver.
10. In the case of non-payment or the payment of the wrong amount, the Lessor is entitled to issue a debit note at the expense of the Client or of the joint and several obligor for the payment of the interest on arrears at the official yearly discount rate increased by five percentage points and in any case always in compliance with the limits set by the law.
11. The Lessor shall issue an invoice only when it is requested at the moment of the signing of the rental contract and if the Client has provided his tax code or VAT registration number.
12. Save for cases of malicious aforethought or gross negligence, the Lessor cannot be held liable with the Client or any other party owing to losses or damage of any kind whatsoever including mere economic damage resulting from the breakdown of or impossibility to use the vehicle as well as any damage to things carried on board, forgotten or left in the vehicle both during the hire period and after the return of the vehicle.
13. Any amendment or addenda, to this contract shall be valid and effective only if it is approved in writing by the Contracting Parties.
14. In case of differences in the interpretation of the Italian and English texts of these General Contract Terms, the Italian text shall prevail.
15. For any controversy between the Contracting Parties exclusive jurisdiction lies with the Court of Pisa.
16. The Client has been informed that, pursuant to Italian law D.Lgs. no. 196/2003, the data provided by the Client can be handled as per the provisions of said law by the Busines House specified at pg. 1. Said data will be used for business purposes by the Lessor, among which; the conclusion, performance, and accounting of the rental agreements, payments and crediting of the consideration for the rentals and of any other amount due as a result of or in connection with the rentals; the setting up of a database of the clients necessary for the above purposes; the performance of commercial activities for advertisement and promotional purposes. It is understood that the right to handle personal data for all purposes explicitly envisaged by the law as well as by the Italian Authority for the safeguard of personal data remains unaffected. The handling of the personal data can be carried out only with means suitable to guarantee their security and confidentiality. The Client acknowledges that the handling of his/her personal data can be carried out also by other parties associated by virtue of special bonds with the Lessor, or which use in any case its name as well as by parties entrusted with the provision of data analysis and processing services. The provision of the data on the part of the Client and his/her approval for their handling as described above are granted freely and are necessarily conditional on the stipulation and performance of this contract. The Client reserves all the rights recognized by art. 7 of Italian Law D.Lgs. no. 196/2003 and, in particular, the right to obtain in any moment whatsoever the update, correction or elimination of the data regarding him/herself.
