CONTRACT CONDITIONS

CONTRACT CONDITIONS

1) Subject of the contract

PANDA SOLECO S.R.L. located in Via Persicetana Vecchia, 28, 40132 Bologna (hereafter the "Lessor") transfers to the Lessee described in the section “Personal Data - Client (hereinafter referred to as “Client”), behind payment and for the agreed price, the car or the motorcycle (from now on in the text described as "Vehicle") for use in free lease. The Client can rely on a Guarantor described in section "Personal information on the Guarantor " (hereafter the "Guarantor"), which, signing the present contract, becomes the Client’s unlimited guarantor on all the aggregate economic and financial obligations arised after signing the present rental contract. The Client declares to have already seen the Vehicle and has received it from the Lessor in perfect condition, with all its units and gears working perfectly (including the pneumatic tires' wear level), with all the obligatory accessories, with all obligatory documentation for driving in Italy and abroad, and filled with fuel. The Client who eventually experiences possible damage and/or abnormalities in the rented Vehicle, has the right and the duty to describe them in special section "Additional notes" before using any services of the Lessor; silent agreement of the Client in this paragraph confirms the faultless condition and operation of the Vehicle, and establishes the responsibility of the Client for possible detriment to the rented Vehicle, as mentioned in article 6. The Client is nominated as responsible keeper of the Vehicle, and it is hereby acknowledged that the Client completely accepts all the present articles, terms and conditions and all appendices hereto which make an integral part of the present contract. The Client declares to have provided the Lessor with valid data needed for the Client’s biographical and financial identification and declares that all transferred documents are the originals or copies corresponding to the originals. The Client recognizes to have no rights on the rented Vehicle and for the accessories given to the Client, and therefore the Client cannot dispose of them.

 

  • Responsibilities of the Client

The Client is obliged to:

  1. Drive the rented Vehicle with maximum care and with complete observance of the present contract and all norms of the law in force in the country where  the Vehicle is used.

  2. Indemnify the Lessor completely against any economic claim which may be raised by any third persons for any damage, directly or indirectly caused by the Client.

  3. Reimburse to the Lessor, upon simple request, any suffered costs (including attorneys' fees) incurred in the fulfillment of liabilities included in the Client's competence (as an example, which is not limited to: highway toll, parking, etc.). With this purpose the Client allows the Lessor to autonomously debit the Client’s credit card all suffered costs including possible overdraft, and any additional costs.

The Client is also obliged to: 

  1. a) The payment of all fines, tolls, charges due to access to restricted traffic areas and other similar costs (including fines for no parking and parking costs) resulting from the use of the vehicle during the rental.

  2. In case of violations of the Highway Code, PANDA SOLECO SRL will charge, in addition to the amount of the pecuniary sanction, an additional amount equal to Euro 50.00 (fifty) + VAT for administrative expenses.

 

  • Interdictions for the Client 

The Client is obliged:

  1. Not to use the Vehicle and not to allow other persons to drive it without a driving license as confirmed by the appropriate law.

  2. Not to use the Vehicle and not to allow other persons to use it, if the Vehicle is damaged or has any malfunctions.

  3. Not to use the Vehicle and not to allow other persons to drive if the validity of the corresponding driving license is less than three years.

  4. Not to use the Vehicle and not to allow other persons to use it for transportation of persons or things on a commercial base, or for pushing or towing various things.

  5. Not to use the Vehicle and not to allow it to be used in sublease without being clearly authorized as stated in the section "Additional notes".

  1. Not to use the Vehicle and not to allow this Vehicle to be used by person being affected by substances which slow down the ability of understanding, reaction or driving.

  2. Not to use the Vehicle and not to allow it to be used on automobile races, competitions, demonstrations, or routes of competition or those forbidden by the acting Road Code.

  3. Not to use the Vehicle and not to allow it to be used for any purposes against the law.

  4. Not to use the Vehicle and not to allow it to be used by other persons (except for the Client) or other persons who are not allowed under the present contract and are not mentioned in section "Additional admitted drivers" of the present contract.

  5. Not to drive or use the Vehicle, and not to allow it to be driven or used for transportation of animals, even if they are the Client’s own pets.

  6. Not to use the Vehicle and not to allow it to be used for transportation of explosives, polluting substances or substances representing even minimum danger.

  7. Not to drink and/or eat in the car and not to keep any drinks or food in it.

  8. Not to smoke inside the Vehicle.

  9. Not to go up and/or down, with the rented Vehicle, from the sidewalks, and from elevations of the ground in order to stop the Vehicle.

  10. Not to carry a number of passengers exceeding the limit mentioned in the logbook of the rented Vehicle.

 

  • Compulsory reimbursements

Premise: any damage caused by the Client should be reimbursed in the legal form by him unconditionally and according to the documents duly submitted by the Lessor, which shall remain the sole party entitled of the option concerning the type of reimbursement of the damage (direct or indirect) caused by the Client. The parties have agreed that the Client and/or the Guarantor are obliged to reimburse to the Lessor any damage caused (directly or indirectly) to the rented Vehicle, its parts (mobile or fixed) and to possible additional accessories (for example, portable GPS, radio-electronic system for automatic payment of travel on commercial traffic way, navigation CD - DVD, etc.), and also to reimburse to the Lessor the possible judicial and administrative expenses upon simple request.

In the case of the rented Vehicle or its units and gears being damaged, the Client and the Guarantor are obliged to refund to the Lessor every day during which the damaged Vehicle was under maintenance, either under maintenance service due to some constructional damage or during the period of finding the needed spare parts, or service on restoration of the Vehicle's body or interior, and also damages which have been caused due to the fault of third persons during the period when the Client, appointed as the keeper was using the rented Vehicle. This fine is calculated by multiplying the number of days when the Vehicles is on service, times the full tariff of lease of the Vehicle, valid at the time of the signature of the contract, known by the Client and made available in writing by the Lessor which the Customer can collect at the offices of PANDA SOLECO SRL, or published on its website at www.gtrent.com in the same way. The reimbursement due by the Client, in case of possible stopping of the rented Vehicle by the representatives of official bodies or third persons is determined likewise. 

For each form of debit, the Customer and the Guarantor authorize the Lessor to independently charge the Client any amount of own competence on the credit cards listed in the 'Financial qualification' section, or other credit cards in the name of the Client or the Guarantor even if not registered in this contract. In the same way, all the expenses pertaining to the Customer for which the notice is received after the delivery of the rented vehicle will also be charged, for these expenses it is expected in addition to the mere reimbursement of a penalty of Euro 50.00 (fifty) excluding VAT ( e.g. descriptive but not limiting, motorway tolls, fines and penalties, etc. etc.). If this is not possible, the debit on credit cards or the collection of checks or transfers of any kind, the Customer and the Guarantor undertake to compensate the Lessor immediately (ie. within seven days) upon simple request. Any damage caused to third parties and / or things remains the sole and exclusive competence of the Customer, and of the driver of the vehicle.

 

  • Occurrence of a road accident

Premise: in the event of an accident (of any, for example but not limited to: Kasko accident, accident with other vehicles involved, accident with injured persons involved, etc.) where the rented vehicle has been involved, even if minimally, the Lessor will collect the total amount of the deposit described in the 'Security deposit' section of the paragraph 'Economic details’ (excluding VAT). Therefore, notwithstanding the conditions for returning the deposit described in the following article 13, the deposit will be returned to the Customer only once the responsibilities and dynamics of the accident have been officially ascertained and will be returned to the Customer minus any damage caused to the rented vehicle. and any uncovered fixed deductible described in the following art. 18 in point 2. The Client is obliged to:

  1. Inform the Lessor immediately, within one day from the moment of occurrence of the event stipulated by the policy warranty, through a written report.

  2. Never make any declarations of responsibility in case of ambiguity in the dynamics of the accident.

  3. Immediately inform the nearest competent official authorities in case of accidents involving injured persons, even if the injuries are not serious.

  4. Take note of any data and helpful information, to restore the dynamics of the accident, to reveal possible witnesses, and all parties involved in the accident.

  5. Execute a civil and moral duty in relation to the suffered parties or dangerous situation.

 

  • Delivery, return and storage of the Vehicle

Premise: unless authorized by the Lessor, the Customer who does not return the rented vehicle to the Lessor within the maximum tolerance of 30 (thirty) minutes from the deadline agreed in this contract and described in the 'Delivery/Return’ section, is deemed to be in default of the obligation to respect the terms for the return of the rented vehicle: the aforementioned non-fulfillment entails, regardless of the reasons that determined it, except in the case in which the customer proves the impossibility of the performance deriving from a cause not attributable to the Client, a penalty equal to Euro 100.00 (one hundred) excluding VAT, for each hour or fraction of an hour following the aforementioned delivery term. In any case of delay in delivery, the customer is obliged to give timely notice to the lessor within the maximum term of 60 (sixty minutes) from the deadline agreed in this contract: in the absence of such communication, the Lessor will be free to submit a regular report to the competent Authorities, as well as activate all the penalties described in this contract.

 

If in the Returning section the 'Mandatory Return’ is optioned, by checking the relevant option box, the Client has the absolute obligation to comply with the delivery terms, and no final tolerance may be granted. In this case, if the Client fails to meet this last deadline as well, the Lessor will charge the Client a penalty equal to the cost of the daily rental described in the relevant 'Economic detail' section under 'Daily Rental'.

The home delivery and redelivery service of the rented vehicle (in addition to the other expenses for which the Client declares to be fully aware) is not free, the rate is the responsibility of the Client and is calculated by multiplying the number of round-trip kilometers starting from the location described in the relevant section 'Data of the rented vehicle', point 'HUB', to the place of destination, for a cost that the Client declares to be well aware of and which is specified in the rental agreement as described in the relative section 'Economic details (in Euro) under the heading 'Cost of extra km', as well as being published on the website www.gtrent.com referring to the Km / extra, and it differs from car to car. If, during the delivery and/or home delivery of the rented vehicle, the Customer makes the Lessor or whoever for him wait (e.g. travelers), the Client will be charged a penalty of Euro 100.00 (fifty) excluding VAT for each advance fraction of 30 (thirty) minutes of waiting caused to the Lessor, plus any out-of-pocket expenses incurred by the Lessor for the return of the traveler to the designated location, subject to assessment of greater damage and except in the case of a mandatory return cited above for which in addition the respective penalty described above remains in force.

The Client has the right to delegate a trusted person to collect and / or return the rented Vehicle. In this case, the Client must first communicate the data of the delegated person to the Lessor, to authorize it by inserting it 'DELIVERY REPORT / RETURN REPORT' under the heading 'Delegate for collection' and / or 'Delegate for return'. For his part, the Delegate, by signing in the appropriate section 'Signature of the delegate for the collection of the vehicle', undertakes jointly with the Client all responsibilities and obligations arising from the signing of this contract. In case of designation of a Delegate, this contract is signed by the Client in advance of the delivery of the vehicle, so that the same can be delivered or taken back by the Delegate by virtue of his joint obligations with the Client. The redelivery, be it the Client or the Delegate for delivery, declares truthful the information acquired upon delivery of the vehicle and reported at the bottom in the 'RETURN REPORT' section and specifically on the total odometer (total km counter cannot be reset).

The Client must return the rented Vehicle to the Lessor in the same state in which he received it from the latter. Except for normal wear and tear, it must be returned with the same accessories (including the navigation CD-DVD) and original documents, as well as cleaned internally and externally. In the event that, as in point 13 of article 3. upon return, it is found that the ban on smoking has not been observed on board the vehicle, a penalty of Euro 100.00 (one hundred) will be applied, which corresponds to the costs of restoring and sanitizing the vehicle.

Except in the case of communication of the reasons of force majeure that prevent the timely return of the rented vehicle, if the terms of the contract have expired, the Client does not return the vehicle to the Lessor, the latter has the unquestionable right to activate all the safety protocols (for example but not limited to: the engine block through the satellite alarm, etc.), to independently recover the vehicle at the expense and responsibility fully borne by the Client, also charging the Client all the penalties provided for in this contract. Partial closure of this contract is achieved only by returning the rented vehicle to the Lessor.

However, the Client's responsibilities regarding the state of the rented vehicle do not lapse with the return of the rented vehicle, these responsibilities will lapse because of the Lessor the silent consent after 60 (sixty) days from the date of effective return of the rented vehicle, date indicated in the contract as previously stated. In these 60 (sixty) days, the Lessor will carry out tests and checks on the good working condition of the rented vehicle, and if it finds any damage or malfunctions (except for normal wear and tear), it will notify the Client (in this regard it is valid and authentic the contact made by telephone, fax, e-mail or ordinary mail) and to charge the Client autonomously all the expenses within the Client’s competence in the manner described in the previous art. 4. Any economic penalty for a possible delivery and redelivery of the rented Vehicle after the date and / or place established in the 'Delivery' and 'Redelivery' section of this contract, is to be considered void if the Lessor has authorized the Client (expressly in written formula) such extension of the rental agreement. In this case, the Client will be charged only for the days (and additional services) requested by the Client, to the extent of the tariff that the Client declares to be aware of, published by the Lessor on its website at www.gtrent.com and always available at the offices of the PANDA SOLECO SRL headquarters (see note to art 4). For the calculation of the total days, the delivery date indicated in the “RETURN REPORT” section of this contract will prevail.

 

  • Storage of keys and transponders

In case of loss or theft of the keys and / or the satellite alarm signal receiver (hereinafter referred to as “transponder”), the Client undertakes to report the fact to the nearest competent Authorities and to deliver the original report within the next 24 hours. Because of this, the rental fee is also due for the entire period in which the Vehicle remains stationary due to non-use. Finally, the Client agrees to promptly reimburse the Lessor as stated for in art. 4, for any expense incurred for the recovery of keys and / or transponders (when possible), or to produce duplicate replacements, even if this implies the necessity to completely change the locking systems of the Vehicle. In the event that the Client is not physically in possession of the keys and / or the transponder of the rented Vehicle, any insurance policy that limits the liability for the theft / fire of the rented Vehicle will be considered null and void. In this case, the Client will be required to compensate the Lessor for any partial or total loss of the rented Vehicle to the extent of its original value on the sale price list.

 

  • Balance of services

The rental payment is made with credit cards, debit cards, in cash or by bank transfer. In case of unavailability of the vehicle booked, the Lessor reserves the right to replace it with another of the corresponding category; in case of unavailability of the latter too, the replacement will take place with a vehicle of a lower category but with consequent recalculation of the tariff. In the event of absolute unwillingness to assign a replacement Vehicle, or in the event of the Client opposing to accepting the lower category Vehicle proposed by the Lessor to replace the one booked, the Lessor's only burden will be to return everything up to that moment paid by the Client or charged to the Client for the rental of the vehicle. The refund will be made by crediting the amount paid by the Client to the credit card used for payment. Any changes requested by the Client regarding a booked rental are subject to availability and must be agreed in advance by telephone with the Lessor. The cancellation by the Client of a rental reservation with a tariff involves the charge of a penalty equal to 50% of the cost of the rental booked and canceled; or 100% if the cancellation occurs within 48 hours prior to the expected withdrawal. The Client expressly authorizes the Lessor to debit these amounts on the credit card indicated at the time of booking. Save for the conditions previously mentioned in Article 4, the Client and / or the Guarantor will settle the agreed rate described in the 'Economic detail' section under 'Agreed rate' by direct debit on the credit cards listed in art. 13 '. The Client and the Guarantor will also have to compensate the Lessor for any Km traveled more than those authorized and described in the 'Economic Detail' section under the heading 'Total KM included'. The same section also describes the unit amount which will be multiplied by the total of the Km. of unauthorized overflow. If, at the request of the Client, the Lessor grants additional rental days, the Client and the Guarantor authorize the Lessor to charge the Client the amount of the rate as previously described in clauses no. 4 and n. 6.

 

  • Indemnity obligation

In any case, the Lessor cannot be held responsible for any type of damage occurring because of theft, riots, accidents, earthquakes, fires, bad weather, wars or causes of force majeure and unforeseeable circumstances. The Lessor is not responsible under any circumstances even when the Client wants to authorize other additional drivers by entering them in the appropriate section 'Authorized Additional Drivers'. Therefore, only and exclusively the Client remains jointly liable with the other authorized drivers, and all the clauses and conditions of this contract remain in force.

 

  • Driving the Vehicle abroad

It is absolutely forbidden for anyone to drive the rented Vehicle in a country other than Italy, unless specifically authorized by the Lessor, and only in foreign countries that may be described in the relevant 'Rented Vehicle data' section under 'Authorized circulation area'. In addition, in order to travel abroad with the rented Vehicle, the Client must make the payment of the total amount of the deposit described in the 'Economic details' section under 'Standard Security Deposit'. This authorization by the Lessor allows only the Client or the additional drivers authorized by the latter, the circulation of the rented Vehicle only in the State(s) described at the same point above, under the regime of temporary export. In order to travel abroad with the authorization of the Lessor, the Client or the driver must necessarily have their own identity document and their driving license, both of which are valid internationally. If the Client leaves the Italian territory without the prior authorization of the Lessor, all the security protocols, at the expense of the Client, will be activated, including the definitive collection of the total deposit, the engine block of the car without notice and the forced recovery of the vehicle which will be performed autonomously by the nearest competent Authorities without the Lessor being able to intervene. All penalties provided for in this contract shall also be activated. In the event of unauthorized expatriation, all insurance coverage will automatically lapse and any liability including damage caused to oneself or to third parties, to the rented Vehicle, for the total or partial loss of the rented Vehicle or for its fire are the sole and complete responsibility of the Client.

 

  • Activation of safety protocols

Without prejudice to the premises contained in this contract, for which the satellite alarm of the Vehicle is automatically engaged at the expense of the Client, with consequent engine block and forced recovery of the rented Vehicle carried out independently by the nearest competent Authorities, the activation of the security protocols provide that the contract is deemed terminated early due to the fault of the Client who loses all right to use the service without being able to receive any type of reimbursement, to whom all the penalties provided for by this contract will be charged in the manner provided for by the same contract and in accordance with the previous art. 4. Finally, the Client remains solely responsible for any damage and / or expense caused to people and / or things, from the activation of the security protocols to the anti-theft device itself.

 

  • Qualification of the driver

The sole person authorized to drive the rented Vehicle is the Client or persons appointed by the Client as additional drivers who are identified in the present contract in the sections "Personal information of the Client" and "Additional drivers". The driver should fulfill all requirements relevant to the Italian laws (and also local laws in case of expatriation), to exercise the right for driving the rented Vehicle, and besides the driver should possess the corresponding driver's license valid for at least three years. Besides, the Driver should always carry an identifying document and a driver's license valid in Italy and (if the Driver will drive the Vehicle abroad upon prior permission given by the Lessor), in foreign country where the driver will be driving the rented Vehicle.

 

  • Financial security and lien

  1. Required financial security stands for the sum expressed in Euros, stated in the ‘Standard Security Deposit’ section of the ‘Economic details’ paragraph, that the Client or the Guarantor must guarantee (in cash or alternatively as unused liquidity of their overall ceiling on all their credit cards or cashier’s check or bank transfer) and which, as established by the present conditions, the Lessor will collect as a deposit. Alternatively to collecting the total amount of the deposit, only due to particular conditions and at the Lessor’s sole discretion, the Lessor can provisionally collect a partial amount of the deposit (in this case, this amount is described in the same section under “Reduced security deposit”, in the paragraph “Economic detail”), however this does not eliminate any liability of the Client and the Guarantor to the entire amount requested as a security for any damage or other economic liabilities established by this contract. 

In fact, in the occurrence of the conditions that require the immediate debit or collection of the deposit (even during the rental), the Lessor will collect or charge all the useful amounts (even in different periods and using different methods), up to the amount established as a full deposit and as previously mentioned in the ‘Standard Security Deposit’ section of the ‘Economic details’ paragraph, except for greater damages or penalties as established in this contract. If the Client chooses to use credit cards for the payment and/or the deposit whose circuit requires authorization in the event of a charge of the same or higher amount, the Client undertakes to authorize in advance and in writing such charges to guarantee the immediate and automatic solvency of such sums. 

  1. The achievement of the requested financial security amount for the rental of the desired vehicle always remains a duty and an obligation which the Client and the Guarantor have the utmost responsibility to respond to. 

  2. The achievement of the financial security related to the desired vehicle is a fundamental requirement to be able to rent it. Given this, if the Client books the desired vehicle in advance of its actual use, the achievement of the financial security amount must be achieved within 7 (seven) days from the beginning of the use of the rented vehicle. The Client and the Guarantor expressly declare that in the first phase of communication with the Lessor, the latter has expressly made known the amount of financial security required, and that they are aware of the methods and tables (which are always available at the Panda Soleco Srl headquarters or published by the Lessor on its website at www.gtrent.com – see note n.4) through which the Lessor determines the necessary amount of the financial security to be requested from its customers. 

Given this, the agreed upon amount for the rental rate, any deposit and other extra expenses which are exclusive competence of the Client and the Guarantor must necessarily be covered by credit cards placed as a guarantee and described in the appropriate section “Financial Security”. The aforementioned credit cards must never be of the debit, prepaid, rechargeable, installment or virtual type. For this purpose, the Client and the Guarantor specifically authorize the Lessor to debit their credit card, even repeatedly (and, if necessary, also as proof), any amount necessary for the Lessor to certify the ‘good health’ of the credit cards, as well as any amount necessary to make the Client and the Guarantor reach the appropriate financial security amount necessary to rent the vehicle (eg. descriptive but not limited to: in booking mode without charge). 

If the sum of the unused liquidity of the Client and the Guarantor’s credit cards is lower than the financial security amount required to rent the desired Vehicle, the Client may integrate the amount requested, in advance of the actual rental of the Vehicle, by making a cash payment to the Lessor. Once the rented Vehicle has been returned, if there is an active balance between the amount charged (or paid to the Lessor) and the amount of the actual responsibility of the Client (including any damages or ancillary costs), this amount (if credit) will be returned within 30 (thirty) days from the return date of the rented Vehicle, the date specified in the contract in the ‘Return report’ section under ‘Return date’ and ‘Return time’. 

If the Client and the Guarantor do not have the adequate financial security amount required for the rental of the requested vehicle, the Client will have to rent another Vehicle or will not be able to utilize the Lessor’s services, losing any down payment (even if full coverage) already paid. Any expenses resulting from the verification of the Customer’s credit cards are exclusively the responsibility of the Guarantor, therefore the Client and the Guarantor expressly authorize the Lessor to independently arrange the debit.  

All the commissions incurred by the Lessor on transactions carried out on the Client’s credit cards (even in the case of cancellations), are also a liability due to be refunded by the Client and the Guarantor (and to the extent of 5% - five percent – of the amounts transacted or cancelled). Therefore, the Client and the Guarantor expressly authorize the Lessor to independently arrange the charge in the manner provided by the previous art.4 and as described in art.1, in the event that the Guarantor exists, as per the data entered in the ‘Guarantor Personal Data’ section, by signing this contract (in the appropriate section), the Guarantor agrees to the joint responsibility with the Client for the economic and financial obligations deriving from signing this contract.    

 

  • Ordinary Maintenance 

The agreed rental rates do not include fuel. The vehicles will be delivered to the Client in perfect conditions, cleaned internally and washed externally. The Client undertakes to return the vehicle to the Lessor, referred to in art.6, washed and clean and in the same state in which it was delivered by the Lessor and with the same accessories and parts thereof, whether mechanical, fixed, or mobile. The penalty due by the Client for the lack of internal and external cleaning (which must be strictly carried out by hand) amounts to Euro 100.00 (one hundred, 00) excluding VAT. 

 

  • Rented Vehicles and Booking

For reservations made in advance of the start date of service use, in the eventuality that the Vehicle is no longer available on the day established by the booking and/or this contract (eg. due to severe damage caused by other clients, due to forced detention of the Police Force, due to replacement of the Vehicle etc.), the Client accepts to be provided with a Vehicle of the equal or higher category (‘equal or higher category’ stands for a Vehicle with an identical or higher purchase value). If a Vehicle of a higher category is not available, the Client may request the Lessor to re-credit the amount paid or the amount of the deposit already paid, without demanding any adjustment for interest and/or expenses and/or indemnity of any kind. Alternatively, the Client can choose other Vehicles made available by the Lessor, save for any rate adjustments.  

 

  • Language of the contract

The text of the present contract has been made in English, therefore it shall prevail other possible texts in other languages which are distinct from English, as it precisely expresses the will of the parties. Foreign clients declare that they understand all the terms and conditions of the present contract supported by possible explanations of the Lessor or other person instead of him in the native language of the Client.

 

  • Changes and validity of the contract

No changes shall be made to these clauses and these contractual conditions without prior written consent of the Lessor, issued by PANDA SOLECO SRL’s Legal Representative. The Lessor may grant, at its sole discretion, changes or additions to the contract. These changes are valid if explicitly mentioned in the 'Supplementary notes' section or if reported in the supplementary document of this contract. In the event of differences between the originals (whether that is the contract or any supplementary document) held by the Lessor and the Client, the parties agree to recognize the copy held by the Lessor as the only valid original in the trial. The nullity of any provision of this contract will not result in the invalidity of the contract in its entirety.

 

  • Responsibility of the Client and Insurance Coverage

  1. The responsibilities of the Client and the Guarantor towards the Lessor and towards third parties begin in the same moment in which the Client comes into possession of the rented Vehicle’s keys (and/or transponder) which is: on the date described in the paragraph “DELIVERY REPORT” under the item “Date” together with the time affixed in the same paragraph under the item “Actual time” and end as described in the previous art. 6. In case of delivery and/or home delivery of the rented Vehicle, these responsibilities (with the exclusion of penalties affecting the vehicle’s driver) begin when the Vehicle leaves the Lessor’s garage and end when the Vehicle returns there. 

  2. The Client declares to have read the supplementary documents provided by the Insurance Company and available free of charge at the Lessor's office, upon simple request. Therefore, the Client declares to adhere to the provisions of the insurance contractual conditions, in particular with regard to deductibles, overdrafts, insurance ceilings; the Client therefore undertakes to indemnify the Lessor, as well as the employees and the administrator, from any dispute, controversy, liability o matter related to such insurance agreements.

  3. The Client and the Guarantor declare to be aware of the overdrafts and deductibles that the Insurance Company does not compensate, and which are their own competence and responsibility including to parts of the vehicle (e.g. such as but not limited to: damage caused to the interiors, rims, tires, partial or complete breakage of the windows, etc.). Therefore, any overdraft not paid by the Insurance Company for damage caused to the rented vehicle is the sole responsibility of the Client and the Guarantor and will be charged according to the methods provided for in this contract and in the previous art. 4. All insurance policies expire in the event that the Customer does not have the keys to the rented Vehicle or the transponder of the satellite alarm. In this regard, the Client and the Guarantor accept any personal risk, being aware that they are solely responsible in the event of theft/robbery/fire, partial or total loss of the rented vehicle.

 

  • Rental Service with Driver

Given that the rental service with driver is marketed by the Lessor indirectly through collaboration with third-party companies, any liability arising from the rental service with driver is shared between the Client and the third-party company that physically carries out the service. The Client declares to be aware and to accept that the Driver has the obligation and the right to modify the established itinerary (even to the detriment of the Client’s punctuality) or to interrupt in advance the service for which the Client has signed this contract in the event that a situation arises which could cause danger for the Driver or the persons transported, or in the event that the Driver is civilly and morally obliged to provide assistance to third parties or in the case in which it is requested by the Police Force.  

If one of the aforementioned situations arises or other unforeseeable circumstances occur, the Lessor or Driver will try their best to ensure the Client a quick alternative to the unused service (though not being obliged to do so), however the Client will not receive any reimbursement. The Client is aware that the Driver is not required to perform tasks other than that for which the Driver is legitimately appointed to do through the Rental Service with Driver function. Finally, the Client is aware that a waiting period by the Driven is foreseen only during the working period as described above, and the Driver will independently establish the methods and terms of application of the waiting itself. At the end of the service hours, the Driver has the right to terminate the service and to return to the garage without the obligation to notify the Client. 

 

  • Failure of the Rented Vehicle

Premise: The Client expressly exempts the Lessor as well as the employees and the administrator for damages deriving from the malfunction and/or breakdown of the rented Vehicle which are not attributable to a maintenance defect by the Lessor himself or by third parties who own the vehicle, even if such damage is found in the event of a road accident or other accidental event. As expressly mentioned in the previous art.3 point ‘b’, it is strictly forbidden for the Client (or the authorized driver of the rented Vehicle) to use the rented vehicle if in condition of breakdown or malfunction to avoid possible dangerous situations for oneself and others. It is, furthermore, an obligation of the Client (as appointed as guardian of the vehicle) to activate all the procedures necessary to restore the good working order of the Vehicle at his own expense and to return it by respecting contractual terms, in the absence of which all the penalties listed out in this rental agreement will be activated.

 

The procedure for returning a malfunctioning rented vehicle establishes that the Vehicle must be immediately returned, at the expense of the Client and exclusively with the aid of roadside assistance vehicles, at the registered office of the Lessor, or alternatively to the nearest technical assistant center authorized by the manufacturer of the rented Vehicle or by the Lessor. If the Client independently chooses not to make use of the roadside assistance and delivers autonomously delivers the rented vehicle, the Client would then fail to comply with the previous point ‘b’ of art. 3, which would lead to the Client not only being in default but also the only responsible party for any damage caused to the rented Vehicle, to the Client, or to things or people deriving from the use of the malfunctioning Vehicle. 

As mentioned in the premise of this article, the Client expressly exonerates the Lessor, as well as the employees and the administrator, from any responsibility and therefore renounces any type of reimbursement and/or indemnity deriving from the non-use of the rented Vehicle, also due to fault or malfunctions of the Vehicle itself. 

 

  • Conventional form for additional or derogating agreements

Any modification and/or exceptional variation made to any article of these general conditions, must be stipulated in writing to be considered binding, and signed for as a way of acceptance under penalty of nullification. 

  • Methods of communication

With regards to the flow of communication between the Lessor and the Client, the Client expressly accepts that the reception of written messages using computerized means, more precisely through e-mails which are sent directly to the Client’s e-mail address indicated in the contract, has the same value of a postal communication made by registered letter.

 

  • Treatment of personal data

The Client undertakes to inform any third parties, of which the Client will communicate to the Lessor basic and possibly sensitive personal data, of the methods and purposes declared by the Lessor on the Information on the treatment and protection of personal data pursuant to art.13 of the Legislative Decree 196/2003, on the scope of communication and on the rights recognized by the law to the interested party. Likewise, the Client declares to have read the information pursuant to art.196 of Legislative Decree 196/2003, concerning the processing of personal data, drawn up by the Lessor company and delivered to the Client in copy.

 

  • Domicile of the parties and competent court

  1. The Lessor and the Client declare that the respective addresses listed in these General Conditions to be their place of domicile and undertake to immediately notify the counterparty in writing of any relative variation as well as any variation of the company’s name and its legal status. 

  2. With regards to any dispute that may arise regarding the interpretation, execution or resolution of these general conditions, the Court of Bologna will have exclusive jurisdiction.

  3. With regards to any point not covered in these general conditions, the rules established by the Civil Code will apply. 

The Client declares to have individually processed the extent of the tariffs, fines and any other expenses deriving from this contract and in particular the terms mentioned in the following contractual conditions: 4) Compulsory reimbursement; 5) Occurrence of a road accident; 6) Delivery, return and storage of the vehicle; 7) Storage of keys and transponders; 8) Balance of services; 10) Driving the Vehicle abroad; 11) Activation of safety protocols; 12) Qualification of the driver; 13) Financial security and lien; 15) Rented Vehicles and booking; 18) Responsibility of the Client and Insurance Coverage; 19) Rental Service with Driver 20) Failure of Rented Vehicle; 21) Conventional form for additional or derogating agreements; 22) Methods of communication; 23) Treatment of personal data; 24) Domicile of the parties and competent court.