GENERAL TERMS AND CONDITIONS OF HIRE
Vittoria Rent Srls (hereinafter referred to as “owner” or “company”) rents to the undersigned of this contract (hereinafter referred to as “customer”) the vehicle identified in the special conditions of this rental agreement (hereinafter referred to as “vehicle”), subject to the covenants set forth therein, as well as to the following terms and conditions:
Art. 1 – FOREWORD.
The Company and the Client will check the condition of the vehicle at the beginning of the rental and upon return of the vehicle.
The Company will provide the Client with a document certifying any defects ascertained at the time of rental. The Client acknowledges that he/she is responsible for any loss or damage to the vehicle, its documents, parts or on-board accessories occurring during the rental.
The Customer is required to promptly report any vehicle anomalies not detected by the owner at the time of delivery to the Customer. In default, the vehicle is presumed to have been received by the Customer in perfect order.
Article 2 – SUBJECT OF THE CONTRACT.
The subject of the contract is the granting for use by the COMPANY of a vehicle of the series and engine capacity chosen by the Customer for a specified period of time and against payment of a fee, in the manner and on the terms specified in the rental letter.
The COMPANY reserves the right to determine which specific model, within the chosen class and engine capacity, should be delivered to the Customer. The customer agrees to return the vehicle in like-new condition, except for normal wear and tear in relation to the miles driven, with the tires, equipment, documents, and all equipment provided. The vehicle will be returned to the office of the owner during the opening hours in the city where it was rented or at a different place and on the day and time specified in this rental letter, or earlier, in case of early termination of this contract if the vehicle is used in violation of its provisions.
With regard to specific restitution arrangements and the consequences of any delay in delivery, the provisions of the following articles shall be observed. This agreement may be terminated early by the owner, in accordance with Article 1456 of the Civil Code, in the event of violation by the customer of the subsequent articles of this agreement, in the event of insolvency of the customer, or in the event of bankruptcy or other insolvency proceedings against the customer.
In any case, the owner upon written notice by e-mail, fax or by registered letter A/R, reserves the right to terminate this rental agreement and the commercial agreement, if any, in the event of a decrease in the requirements of economic – financial reliability of the customer, on which the mentioned agreements were based.
Intimate early termination of the contract, the customer is obligated to pay the agreed consideration until the date of delivery of the vehicle. In the event of failure to return the vehicle, the owner reserves the right to operate the satellite device installed on the vehicle in order to block further use and to recover it where it is, through the use of the keys in his possession; in this case it will still be the customer’s responsibility to return the keys to the owner and to pay a penalty for failure to return the vehicle to the headquarters of € 150.00, while the penalty for failure to return or break the GPS satellite will be € 200.00.
Regardless of whether the various insurance covers are taken out, the customer will be liable for damage to the vehicle derived from disproportionate wear and tear in relation to and kilometers driven, for damage to vehicles or persons due to the misuse of the same, as well as for the commercial value of the same, if in case of theft, he/she does not return the keys of the vehicle to the owner. The owner will not be liable for damages resulting from the customer’s failure to perform the duty of care in the maintenance and operation of the vehicle.
Art. 3 – REQUIREMENTS.
The Client must be at least 18 years of age and in possession of a valid ID. The Customer with taking delivery of the vehicle, indicated in the rental letter, is obliged to make sure about the good state of maintenance and mechanical operation of the vehicle.
Art. 4 – DOCUMENTS AND ACCESSORIES
The vehicle is equipped with the documents required by law for circulation and comes equipped with the following accessories: chain, padlock, helmet, and at the Customer’s request, gloves and other clothing. Excluded is fuel, the expense of which is placed at the total expense of the Client. In the event of failure to return the registration book or other documents accompanying the vehicle itself, the Customer agrees to pay as a penalty a sum equal to the rental fee for the entire period necessary for the duplication of the same, subject to compensation for related expenses and further damage.
Art. 5 – CUSTOMER’S OBLIGATIONS.
The Customer undertakes to use the vehicle in accordance with the intended use and the limits indicated in the rental letter with the care and diligence of a good family man, and in particular not to sublet or rent, and not to have third parties sublet or rent the vehicle not in use, not to entrust the driving of the vehicle to a person other than the person indicated in this rental letter or otherwise to a person without the relevant driving license or in any case to persons who are not of age. In particular, the Customer is prohibited from using the vehicle in the following cases:
1. For the transportation of persons and/or property for commercial purposes;
2. For towing vehicles, caravans, trailers and the like;
3. In races, trials and competitions;
4. Outside the territory indicated by the COMPANY, i.e. the Municipality of Rome for mopeds up to 150 cc. and the national territory for the remaining vehicles;
5. What means of work;
6. For any purpose contrary to law;
7. Under the influence of drugs and/or alcohol;
8. In unsuitable locations and/or otherwise not open to traffic and in pedestrian areas;
9. In addition, the Client agrees not to entrust the driving and/or in any case the use of the vehicle to third parties (unless they are duly declared and acknowledged in the rental letter signed by both parties). Unauthorized and/or deviant use of the medium will result in the immediate termination of this contract, without prejudice to the right to compensation for greater damages. If, in the sole judgment of the COMPANY, the Customer demonstrates a clear inability to drive the vehicle, the aforementioned company may proceed to the immediate withdrawal of the vehicle.
Art. 6 – CUSTOMER UNDERTAKES TO PAY AND/OR REFUND TO OWNER ON INVOICE, AS FOLLOWS:
1. To pay the fee in the amount specified in the rental letter, including any additional services;
2. The consideration of vehicle kilometers driven during the rental, calculated according to the applicable rate;
3. The fee calculated in relation to the duration of the rental. In the event of late delivery of more than 59 minutes, the owner is allowed to bill for an additional day’s rental;
4. The additional fee if the vehicle is returned to a place other than where it was rented;
5. To take care of the routine maintenance of the vehicle;
6. Any other sums provided by this charter law for consideration and/or reimbursement including additional sums provided for reduction/elimination of liability for damage and/or theft;
7. Notwithstanding the provisions of the following articles, should the vehicle, delivered with a full tank of fuel, be returned without the same, the refueling service will be charged the current rate specified on the rental agreement, in addition to the cost of the missing gallons of fuel;
8. The amount of fines dedicated to the customer and / or owner for violations of traffic laws or other applicable regulations, committed during the rental, as well as the fixed cost of € 35.00 + VAT incurred owner for the management if said penalties;
9. Any amount related to highway tolls not paid by the customer, as well as the fixed cost of €35.00 + VAT incurred by publishing for the administrative default management of the customer. The customer will be liable directly to the authority that imposed the fine, except for those violations of traffic laws or other applicable regulations, which are not attributable to the customer. If the vehicle is impounded or otherwise imputable to the customer, the owner will charge the customer the daily rental rate for each day the vehicle is impounded and other related expenses;
10. Any expenses, including legal expenses, incurred by the owner in order to obtain payment of sums owed for any reason by the client;
11. Compensation for damages caused, due to negligence, even if the customer has paid the premium for the reduction or total elimination of liability for damages. The vehicle must be returned to the premises of the contracted company during the normal working hours of the station concerned. If the customer returns the vehicle of outside of normal business hours he or she must observe the instructions of said station for returning the vehicle outside of normal business hours, in which case of will remain fully responsible for the vehicle until the station is reopened for business. If these instructions are not followed, the customer remains responsible for the vehicle until the owner is able to access it. The customer acknowledges that the rental will end on the date and time of receipt of the vehicle of the relevant keys. The owner’s invoice, of the above sums, is payable at sight by the customer; in the event of delay in the payment of any sum, for whatever reason due and invoiced, the customer shall pay to the owner interest to the extent of the official discount rate in force increased by 3 percentage points and always is in compliance with the legal limits:
1. To indemnify the COMPANY for damages to the vehicle, assets and liabilities, as well as the total and/or partial theft of the same and/or any other accessories, within the limits of an amount indicated as the “deductible”, an amount conventionally limited in accordance with the contractual conditions set forth in the insurance contract; except in the case of intentional or gross negligence of the Client or other drivers;
2. The amounts of “deductibles” vary according to the type of the rented vehicle, and are found, in the “Rental Terms” section in this form, under the name “theft deductible” in case of total or partial theft, and “damage deductible” regarding damage of any kind to the rented vehicle; in this case the deductible will not be charged; except for moped rental or accidents had with mopeds; in case the driver produces a CAI form with clear and signed assumption of liability of the other party;
3. To release the company from any criminal, civil administrative liability related to the use of the vehicle incurred by the customer and/or third parties
4. For this purpose, the customer who is a credit card holder shall allow the relevant debits to be made to his account within 180 days from the date of notification of the amount due to the company for the assumption referred to in this Article, AND for all charges entitled by the rental relationship including those that may be necessary for the recovery of any kind of credit claimed by the company from the customer in connection with the rental relationship. As such, the client acknowledges that the cost of completing a creative file with any charge is €35.00 + VAT.
5. if the customer cannot provide the above guarantee, there is provision for the security deposit at the discretion of the company or the possibility of a third party to act as guarantor.
6. in the case of bicycle rental, the customer, has the obligation upon delivery to check that The vehicle is in the condition requested by him, especially the adjustment of brakes, saddle height, gear ratio and any other components of the vehicle itself. In this sense, the customer agrees in the first 30 minutes of the lease not to leave the premises in order to check the condition of the vehicle is to his liking, and if not, replace the vehicle, or request a refund of the lease, in which sense the company agrees to refund the rental amount. After 30 minutes at the beginning of the lease until the fourth hour of the lease, the company will not be able to refund the lease amount in cash, In that case, a credit note will be issued for the remaining lease amount, to be used in other and constancy. Beyond the fourth hour of rental, the company will not be held responsible for any malfunction that may occur, and will not be liable for reimbursement either in cash or in the form of a credit note. In the case of request and use of the car seat for the transport of minors, the customer to the obligation to check that the same is in a condition to preserve the safety of the transported, in addition, the customer is obliged to comply with the criteria of approval car seat itself, especially respecting the load limits.
7. in case of puncture the customer agrees to reimburse the company a sum of € 20.00. 8. in the case of leasing a vehicle intended for driving for the purpose of obtaining a driver’s license, the customer is obligated to notify ball company so that any additional documentation can be completed and delivered to the customer.
Article 7 – TRANSMISSION OF PUBLIC AUTHORITY VERBALS.
The Client undertakes to transmit to the owner, within two days, any report served on him by the public authority. In the event of failure to timely transmit such minutes to the owner, the client shall be liable for any damage suffered by the owner, directly or indirectly, caused by such failure to timely transmit.
Article 8 – DAMAGE, THEFT AND FIRE TO THE RENTED MEANS.
The customer is liable for damages and total or partial theft of the vehicle up to the full or reduced liability for damages and/or theft. The customer may choose to subscribe to the “reduction of damage indemnity penalty,” an additional service, which limits his liability, for each of the losses or damages resulting from the separate event, to the non-eliminable indemnity penalty specified in the rental document, in case of loss or damage to the vehicle, its parts or accessories due to a cause other than attempted theft or vandalism. The amount of said reduction is specified in the general conditions displayed in the stations of the chartering company. Signing the partial elimination does not exempt the customer from taking ordinary care in operating the vehicle.
The owner reserves the right to charge for damages for the customer’s willful misconduct or gross negligence. In case of a claim caused by the client,or without indication of counterparty, an amount ranging from € 100.00 + VAT up to € 500.00 + VAT will be charged for the total administrative and legal handling of the claim. The customer may also subscribe to the limitation of liability for loss or damage to the vehicle , its parts or accessories due to theft, attempted theft or vandalism, to the non-eliminable indemnity penalty specified in the rental document. The amount of this reduced liability is specified in the general conditions displayed at the company’s stations. Underwriting the partial risk elimination does not relieve the customer from taking ordinary care to prevent theft of the vehicle.
The owner reserves the right to charge the commercial value of the vehicle, based on the latest appraisals, in case of theft that also occurred due to the customer’s willful misconduct or gross negligence. The customer may choose to sign the waiver of the general conditions displayed in the company’s stations, the owner reserves the right to charge damages for the customer’s willful misconduct or gross negligence. Customers may choose to subscribe to the Vehicle Theft Liability Waiver, an additional service, which eliminates their liability for loss of, or damage to, the vehicle, its parts or accessories, due to theft, attempted theft or vandalism. The amount of this optional coverage specified in the general conditions displayed on the company’s premises. The owner reserves the right to charge for damages for the customer’s willful misconduct or gross negligence.
The owner can never be held liable for the loss of, or damage to, personal property left in the vehicle during or after the rental period, unless such events are attributable to the owner’s willful misconduct or gross negligence. In the event third parties suffer death, bodily injury, or property damage caused by the use of the vehicle involving a violation by the customer by an authorized driver of any of the terms and conditions of this rental agreement, the customer agrees to reimburse the company what the company will be obligated to pay to the insurers for any payments only made to third parties on behalf of the company and/or to third parties.
the validity of insurance coverage and/or partial elimination of liability made available by owner is subject to compliance by the customer with all related requirements, which are available for the customer to take cognizance of. In case of theft and / or fire of the vehicle, During the rental relationship, the customer is obliged to make an immediate report /complaint to the competent authority and deliver it to the company, in addition, must return the keys and accessories of the vehicle, if any, still in his possession; the rental fee and held until the time of delivery of the certificate of defense report /complaint. When the customer fails to make the delivery referred to in paragraph one of this Article, he/she shall be liable to reimburse an amount equal to the market value of the vehicle and/or accessories.
Article 9 – LIMITATION OF LIABILITY.
The company is not responsible for any damage resulting from the use of the vehicle during the rental period or for loss and/or damage to property owned by the customer or third parties transported I left on the car or for damage and/or inconvenience due to late delivery, breakdown and/or other events beyond the company’s power to control. When renting bicycles provided with child seats, the customer releases the company from liability for any damage that may incur from the use of the child seat.
Art. 10 – DELIVERY AND RECONSIGNMENT.
The vehicle was made available to the customer equipped with original documents, at the company’s premises located at Via Marche, 15 in Rome, during opening hours and must be returned to the same location by the date indicated in the rental letter, again in compliance with closing hours. If the vehicle is not returned on the above date and/or new, the company may regain possession of the vehicle in any way, including forcibly. in this case, the client is obliged to reimburse the costs incurred in recovery, plus any difference in the fee calculated on the basis of current rates. In addition, in case of delayed delivery however all responsibility remains with the customer until the actual giving of the vehicle.
The vehicle must be returned complete with documents, equipment, accessories and with the same amount of gasoline present at the time of delivery by the company: To this end, the aforementioned company shall proceed to the verification of good state of maintenance and operation and / or the integrity of the vehicle and / or its accessories. In the event of damage and/or loss, which occurred as a result of the lease, the customer is obliged to compensate for the same, even if they are detected after the return, but directly related to the customer’s use of the vehicle. In addition, the vehicle must be delivered in the same state of cleanliness in which it is’ delivered by the company: if the vehicle is excessively dirty, the customer is obligated at his or her own expense to clean it.
In the event that the vehicle is returned the company before the time specified in the rental letter, the customer is not entitled to a refund of the difference in the fee already paid, in the event that the customer returns the vehicle with more gasoline than at the time of departure, the customer is not entitled to the return of the excess fuel, nor a refund of it.
Art. 11 – INSURANCE GUARANTEES.
The company warrants that the vehicle is covered by third-party liability and animal or property damage insurance to the extent prescribed by applicable laws and regulations. In addition, the Customer may subscribe to the optional services and/or reductions/eliminations of liability indicated in this rental letter, for which the corresponding daily cost is indicated. The general terms and conditions of the policy are available at the company’s premises for the Client to examine. The customer for claims beyond the maximum amount guaranteed by the company, in compliance with applicable laws, shall indemnify the company for all damages, costs, expenses or losses, including those arising from claims of third parties, that may be suffered or incurred by the same cause or otherwise in connection with the related claim.
Art. 12 – SYNTHESIS
In case of claims, the customer can obtain from the vehicle owner replacement. In any case, the client is obligated to protect the interests of the owner and the Insurance Company by obligating itself, among other things:
1. To report it to the appropriate authority;
2. To provide the names addresses of the parties involved in the accident and witnesses;
3. Do not admit any hidden responsibilities of which you are not certain;
4. Do not leave the vehicle unattended essence adequate safeguard;
5. Give immediate notice of the claim by telephone to the nearest office of the company, even in the case of minor damage, by sending detailed report accompanied by a diagram, and scrupulously follow the directions given. Pursuant to Article 1913 of the Civil Code and L. 26/2/1977 no. 39, the client is obligated to report the accident to the owner by unilateral complaint or by signed accident report form of the drivers involved in the accident within three days after the accident occurs. Failure of the client to comply with this obligation will render inoperative the additional services of the Insurance subscribed by the client;
6. Immediately inform the police authorities if there is a need for investigation against a third party or if there are injuries;
7. The client, however , agrees to compensate in advance the sums necessary to repair the damage; sums that will be returned following a final ruling that recognizes on the claim the reason of the client, except in the case where the client produces CAI model with clear and signed assumption of responsibility of the other party;
8. In case of omissions and/or delays of the obligations specified in this article the customer to compensate the company for any resulting damage suffered;
9. Company reserves the right to claim damages for loss of income from the customer, if as a result of loss and/or damage the vehicle is taken for repair.
Article 13 – FAILURE AND DAMAGE.
In case of technical failure of the vehicle, which is not the fault of the customer, the owner, depending on the availability of vehicles, will endeavor to provide the customer with a replacement vehicle in place of the damaged one, otherwise if there is no immediate availability the customer will be reimbursed the portion of the fee related to the remaining period of non-use of the vehicle.
The Customer is required to report the incident to the owner by following the directions attached to the vehicle documents. The Customer shall not for any reason make decisions without prior agreement with the owner or abandonment of the vehicle will result in the loss of any opportunity to take advantage of the courtesy service that may be provided and the Customer will be required to reimburse the owner for all charges, direct and indirect, related to the recovery of the vehicle.
The Customer is not entitled to reimbursement of vehicle repair expenses unless previously authorized by the owner. In the event of tire punctures or damage, the Customer is required to replace, at his or her own expense, the damaged tires. Please note that estimates and any repairs are the sole responsibility of the owner according to the rate you charge and displayed at your premises.
Art. 14 – RENTAL EXTENSION.
If the Client intends to extend the rental beyond the term stipulated in the special conditions of this contract, he/she shall immediately notify the Renting Company in order to obtain authorization for its extension. The Customer is obligated to abide by the covenants and conditions set forth in this rental letter even if the owner has authorized the extension of the rental period.
Art. 15 – ASSIGNMENT
This contract, and with it the vehicles and equipment, may not be sold, mortgaged or transferred to third parties, unless otherwise agreed in writing between the parties. In such a case, the parties undertake to convey and their own successors in title, rights of obligations under this agreement.
Article 16 – MODIFICATIONS.
Changes to this contract must be agreed upon by the parties and formalized in writing.
Art. 17 – FRANCHISE AND CAPARRA.
In the case of damage to the vehicle, for use other than that permitted by this rental agreement, and for all other instances of damage, the deductible is waived and the amount charged to the customer will be equal to the compensation for the damage suffered by the owner and/or third parties. The deposit to be paid at the time of signing the rental will be equal to the amount stated in the general conditions displayed on the company’s premises, which will be brought to the Customer’s attention.
This payment may be made in cash, by cashier’s check payable to the Chartering Company or by credit card. The amount provided as a deposit will not be collected by the owner and upon return of the vehicle, it will be returned to the customer, unless deducted as a deductible for any damage.
Art.18 – FAILURE
Failure to comply with the conditions described above will result in the legal termination of the contract and the consequent right of the COMPANY to proceed to the withdrawal, including forced withdrawal, of the vehicle, in addition to the right to compensation for damages.
Article 19 – BILLING.
The owner shall invoice the services under this letter of hire to the subscriber to this letter of hire, unless the subscriber contracts the hire in the name and on behalf of another person who has duly authorized him to do so. In this case, this different person must be indicated in the rental letter at the time of signing, and must sign this jointly. If the time limit for payment of sums, due for any reason, has expired to no avail, interest shall be charged as provided by law.
Article 20 – DOMICILE
For all purposes, including procedural purposes, relating to and connected with this rental agreement, the Customer elects domicile at the address stated in the rental letter.
Art. 21 – NULLITY
The invalidity of any of the clauses contained in this contract does not entail the invalidity of the same, but the substitution of the invalid clause with the one in law furthermore, in the contrast between this version and the contextual English, Spanish, French or German version, the Italian version will prevail. The clauses contained within such a contract comply with the regulations on consumer protection, in line with the provisions of Art. 1469 bis Civil Code, as well as Articles 33 et seq. D. Lgs. N. 206/2005. Versions in other languages constitute mere translation.
Article 22 – COMPETENT COURT
This charter letter is governed by Italian law. For any and all disputes relating to application and interpretation the exclusive jurisdiction of the Court of Rome is hereby acknowledged.
Article 23 – PRIVACY LAW.
Pursuant to Law Dec. 31, 1996, no. 675, regarding the protection of persons with respect to the processing of personal data, the Client is informed and expressly consents:
1. That the data provided be collected and processed by the COMPANY.
2. That the aforementioned data may be disclosed to other companies performing on behalf of the COMPANY promotion and commercial information activities, debt collection activities, also, that they may be provided to the competent authorities for possible violations of existing laws and regulations.
In relation to the processing of personal data, the Client in accordance with Art. 13 of the aforementioned law, has the right to obtain from the COMPANY:
1. Confirmation of the existence of personal data concerning him/her and communication of such data;
2. The cancellation, transformation of processed data;
3. The updating, rectification or supplementation of data.The Customer has, in addition, the right to object, for legitimate reasons, to the processing of personal data concerning him/her.
Pursuant to and for the purposes of the provisions contained in Articles 1341 1342 of the Civil Code,I declare that I have carefully read and specifically approve Articles. 1 (premise),2 (subject matter of the contract),3 (requirements),4 (documents and accessories),5-6-7 (obligations of the customer) ,8 (damage,theft,fire to the rented vehicle),9 (limitation of liability),10 (delivery and redelivery),11 (insurance guarantees),12 (claims),13 (breakdown and damage),14 (extension of rental),15 (assignment),16 (modifications),17 (deductible and deposit),18 (default),19 (billing),20 (domicile),21 (nullity),22 (place of jurisdiction) and 23 (privacy) of the general terms and conditions set forth therein.