RENTAL AGREEMENT
GENERAL TERMS AND CONDITIONS
PRIVACY POLICY
1. STATEMENT OF THE AGREEMENT
The “Lessor” rents the vehicle described above to the Lessee for the specified rental period. The vehicle, registered for rental without driver is complete with accessories, logbook, vehicle registration certificate, use and maintenance booklet, service booklet and Motor Third Party Liability insurance (RCA).
The vehicle is rented for personal use and must not be driven by a third party without the prior express authorization. A second driver can be added to the rental, provided that the Lessee submits the former’s information at the time the Rental Agreement is signed. Both drivers (Lessee and additional driver) must have a current identification document and driver’s license for use in Italy. Therefore, under no circumstance shall the Lessee let unauthorized persons (i.e., not expressly listed in the Rental Agreement) drive the rented vehicle. In the event of violation, any resulting costs and burdens shall remain the Lessee’s exclusive responsibility. The transfer of this Agreement, as a whole or in part, whether for consideration or free of charge, is expressly prohibited.
3. RENTAL COMMENCEMENT, DELIVERY AND RETURN OF VEHICLE
The rental commences with the delivery of the vehicle, on the day and at the time indicated in the check-out form.
If the vehicle is not returned to the Lessor by the date and time specified in the rental form, the Lessee shall compensate the Lessor for each day of additional rental (calculated on the basis of the rate set forth in the Lease Agreement), in addition to any and all expenses the Lessor must incur to retrieve the vehicle, lost profit caused by the unavailability of the vehicle and damages suffered, if any.
The vehicle must be returned during regular business hours. If the Lessee has been authorized to return car and keys after hours, the Agreement shall be deemed to have ended on the next business day. In this case, the Lessee shall be held responsible for any damage the vehicle may suffer while parked until the office opens.
A € 20.00 service fee will be charged for vehicle pick-up and return outside regular business hours.
The vehicle is rented and must be returned with a full tank of fuel. The Lessee shall be charged for any liters of fuel required to fill the tank plus a € 20.00 service fee, should the vehicle be returned with a partially filled tank.
The vehicle may no longer be available and no compensation is due by the Lessor to the Lessee, should the Lessee fail to pick up the vehicle within 2 hours after the original pick-up date.
In the event of no-show or cancellation made less than 3 days prior to the pick-up date, the Lessee shall pay the entire rental amount; if a reservation is cancelled within 3 days of the pick-up date, the Lessee will be charged an amount corresponding to one day of rental, pursuant to the Rental Agreement.
4. CONDITIONS OF VEHICLE AND EQUIPMENT
The rental vehicle is provided in perfect working order and mechanical efficiency, clean and free from scratches, dents or other damage to the bodywork and internal parts of the vehicle. Any matter to the contrary shall be adequately reported in the check-out form. The Lessee declares that he/she has inspected the vehicle and tested its general efficiency, undertaking to return the vehicle in the same condition in which it was picked up. The Lessor is not liable for any personal items the Lessee may leave in the vehicle.
The Lessee undertakes to use the vehicle with utmost care and diligence (also in accordance with the Use and Maintenance booklet), in compliance with the current Traffic Code and any applicable statutory requirements, as well as to keep it in a safe location, at minimum during evening and night hours. Smoking in the vehicle and the transport of animals and hazardous materials are prohibited. Likewise, the vehicle shall not be driven or taken outside the Italian borders.
Fuel and other general costs are fully and exclusively the Lessee’s responsibility.
7. ACCESS TO THE “RESTRICTED TRAFFIC AREA” (ZTL) OF THE CITY OF PALERMO
The rented vehicle was not issued a pass to access the central area of the city of Palermo designated as “ZTL” (Restricted Traffic Area). Therefore, for access to the ZTL of the city of Palermo, the Lessee is required to purchase a daily pass and notify use thereof to the competent municipal authorities. Please refer to paragraph 9 below, in the event of fines/penalties assessed for failure to purchase the daily pass and/or notify use thereof to the authorities.
In the event of damage to, destruction or loss of the vehicle, the Lessee (and, in the event of his/her death, any heirs) shall pay the Lessor all repair costs or the full value of the vehicle. Likewise, the Lessee assumes all liability in case of vehicle theft or its destruction by fire. However, if all events referred to herein are fully covered by an insurance policy, and, therefore, if the Lessor is indemnified by the Insurance Company so that the damage has been fully compensated, the Lessor may not seek further compensation by the Lessee.
If the rented vehicle’s key is misplaced or stolen, the Lessee shall promptly report the event to Law Enforcement authorities, providing a copy of the relevant police report to the Lessor. In any case, however, the Lessee is liable for all costs to be incurred to produce key duplicates, as well as any loss-related fees and charges. The rental fee (calculated on the basis of the rate set forth in the rental form) is due also for days within the rental period when the vehicle is idle.
9. FINES, PENALTY FEES AND COMPENSATION
If administrative sanctions are assessed against the rented vehicle for violations of the Traffic Code, the Lessor will share the Lessee’s information with the relevant authorities, which will then re-route a copy of the violation report to the Lessee. In such cases, the Lessor will charge back to the Lessee any and all administrative costs and charges incurred, equal to the amount of € 50.00 for each individual violation report, which has been notified to the Lessee by the relevant authorities. Whether the rented vehicle has been returned or if the rental period has not yet ended, the Lessee undertakes to pay in full any administrative fines resulting from Traffic Code violations, including driving while intoxicated or under influence, as well as any other fine, even of criminal nature, which may be alleged and/or assessed during the rental period, provided that such violations directly or indirectly arise from vehicle use. If the Lessee fails to comply with this requirement, and, as co-oblige, the Lessor is liable for the payment of fines and penalties assessed against the vehicle, the Lessor is entitled to seek compensation by the Lessee through all available venues.
10 .COMMUNICATIONS TO AUTHORITIES
If, during the rental period, the competent authorities issue, though not yet deliver, a fine against the vehicle and contact the Lessor in order to obtain the contact information of the person who was driving the vehicle at the time of the violation, the Lessee authorizes hereunder the Lessor to provide the Lessee’s information, and, namely, biographical data and a copy of his/he driver’s license.
11. LIABILITY, INDEMNITIES AND COMPENSATION
If the Lessee is responsible for road accidents and damage to third parties or things in general, he/she must promptly notify the Lessor. The Lessee shall also keep him the Lessor harmless from any prejudice and refund any sum assessed against the Lessor, including and not limited to: claims, indemnities, etc. In addition, the Lessee shall: provide the Lessor with a CID (Direct Indemnity Convention) form duly filled out and signed by the involved parties; notify the closest Police station; collect names and addresses of parties and witnesses involved in the event. If the Lessee fails to notify an accident, he/she shall be fully liable for damages resulting from the event, when no insurance claim can be compensated by the Insurance Company.
The rental vehicle is covered by a comprehensive Motor Third Party Liability insurance (RCA), also against fire and theft, with a deductible detailed in the following table:
| 13. DEDUCTIBLE SCHEDULE |
| R.C.A. Motor Third Party Liability insurance (caused by Lessee): ZERO deductible |
| R.C.A. Motor Third Party Liability insurance (caused by other vehicle/joint liability): deductible € 250.00 |
| Fire: 10% deductible (minimum charge € 500) |
| Theft: 10% deductible (minimum charge € 500) |
| Damages:
damage value from 0 to € 5,000: maximum deductible = € 500 damage value > € 5,000: deductible = 10% of the damage |
| Vandalism and acts of God:
damage value from 0 to € 5,000: maximum deductible = € 500 damage value > € 5,000: deductible = 10% of the damage |
| Window/windshield: maximum charge € 500 |
The aforementioned deductibles apply to each individual event.
The Lessor declares that he/she has reviewed the insurance policy and is fully aware of ceiling amounts, deductibles and any amount to be covered falling under his/her responsibility.
The insurance policy does not cover costs related to: tires, wheel rims and hub caps, mechanical parts, underbody and upholstery.
14. CONSIDERATION AND METHOD OF PAYMENT
The total amount due to rent the vehicle is listed in the Rental Agreement and extensions thereof, if any. At the time of Rental Agreement signing, the Lessee must provide a valid credit card (VISA-MASTERCARD circuit) in his/her name, on which the Lessor will charge all fees arising from the rental, unless the Lessor expressly authorizes the Lessee to rent a vehicle without providing a credit card. By providing his/her credit card details, the Lessee authorizes the Lessor to charge any amount associated with the rental, accepting the charge thereon of any amount due after the rental period has ended, for penalties, fines, tolls highways, parking fees, administrative fees, vehicle recovery costs for deductible or uninsured damages, and recovery costs for damage caused by the Lessee.
Without prejudice to the provisions set forth in paragraphs 7, 8, 9 and 11 above, at the time of Rental Agreement signing, the Lessee shall pay by credit card a security deposit, in an amount to be specified in the Rental Agreement. The security deposit will be returned to the Lessee after 21 days, commencing upon the end of the rental period, provided that the vehicle did not suffer any damage.
The security deposit can be used to pay any deductible amount due on the damaged vehicle or any penalties provided for and specified herein that may have been assessed after the vehicle has been returned by the Lessee. If the security deposit provided by the Lessee is not sufficient to cover the amount due for damages, the Lessee shall supplement the security deposit until the full amount due is made available.
Pursuant to international financial circuit regulations, the Lessor may charge the Lessee’s credit card to cover any expenses and fees for damages, penalties, fines, etc. assessed or identified after the vehicle has been returned. The authorization for delayed charges is expressly discussed in the Rental Agreement, which the Lessee is required to sign along with any rental-related forms.
By signing the Rental Agreement, the Lessee expressly and unconditionally authorizes the Lessor, or another person appointed by the Lessor, to remotely monitor the proper use and operation of the rental vehicle through satellite alarm systems.
In the event of non-payment, or even breach of only one of the Lessee’s obligations, the Lessor has the right to terminate the Rental Agreement (by notification via registered letter with return receipt), requesting the immediate surrender of the vehicle. In this case, the Lessee shall surrender the vehicle as required by the Lessor. In addition, the Lessee shall compensate the Lessor for damages resulting from breach of contract, without prejudice to greater damages where provided for in the Rental Agreement. Likewise, the Lessor shall be deemed to be in breach of contract if he/she fails to comply with his/her requirements.
The Lessee is aware that he/she can be liable for misappropriation in the event of failure to return the rental vehicle when extenuating circumstances (force majeure) are not applicable.
20. ITALIAN LANGUAGE FOR AGREEMENT INTERPRETATION
In case of discrepancy between the Italian and English texts of these General Terms and Conditions of the Rental Agreement, the former shall prevail.
21. STATUTORY REFERENCES AND AMENDMENTS TO THE AGREEMENT
For any matter that is not expressly set forth herein, please refer to the provisions of Article 1571 et. al of the Italian Civil Code, if and to the extent applicable. To be valid and effective, changes to the contract or exceptions thereto, must be accepted in writing and signed by both parties.
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