General Rental Terms and Conditions
Art. 1 - DRIVING THE VEHICLE
The Client and any driver authorized to drive the rented vehicle must comply with the identification formalities required by the Lessor, in particular providing his personal details, residence and the existence of the legal requirements for driving. For the rental of the vehicle are required: the completion of the 21th year of age; the current validity of the driving license, issued at least 36 months; the possession of a credit card or appropriate guarantees. In case of qualification to drive for another driver, with consequent extension of insurance coverage, limitations of liability, exclusions of liability, without prejudice to the full applicability (also to such subjects) of these general rental conditions, the Client undertakes to
- Hold harmless the Lessor from any liability under the law and from any claim made by third parties in general;
- Fully inform and give a copy to the additional driver of these general rental conditions, in order to make him aware of the contractual obligations;
- Acquire from the additional driver the relevant personal data and consent to the treatment of the same by the Lessor for the purposes provided by these general rental conditions.
Art. 2 - USE OF THE VEHICLE
The Client undertakes to keep and use the vehicle with the utmost care and diligence, in compliance with the characteristics of the vehicle indicated in the registration certificate and within the limits provided by law, as well as:
- Not sublease or rent the vehicle but subject to any agreement between the parties;
- Not to entrust the driving of the vehicle to persons other than those expressly authorized by the Lessor;
- Not to use the vehicle for races, tests, contests or competitions, on unpaved roads or unsuitable for the vehicle or at racetracks;
- To refuel the vehicle with the correct fuel and to diligently maintain the vehicle, checking the level of liquids and topping up if necessary;
- To promptly inform the Lessor of any vehicle breakdown and not to perform any repair work on the vehicle without the written consent of the Lessor;
- Not to drive the vehicle under the influence of alcohol or drugs;
- Not to smoke inside the vehicle, under penalty of a fine of 500.00 (five hundred/00);
- Not to transport any kind of animal without prior authorization of the Lessor, under penalty of a 500,00 (five hundred/00) penalty upon return;
- To guard the vehicle with the best diligence, making sure that the vehicle is properly parked, locked and with the anti-theft system on.
- Not to use the vehicle abroad, it is strictly forbidden for anyone to drive the rented vehicle in a state other than Italy. Unless specifically authorized by the lessor and only in such foreign states as may be described in the relevant “Notes” section. The lessor's authorization allows only the client or additional drivers the circulation of the rented vehicle only in the state(s) described in the same point above under the temporary export regime. In order to be able to expatriate with the Lessor's authorization the client or the driver must necessarily be in possession of his or her identity document and driver's license, both of which are internationally valid. If the client leaves the Italian state without previous authorization from the lessor, all security protocols will be automatically activated at the client's expense, which include the full collection of the total deposit, the engine blocking of the car without notice, and the forced recovery of the vehicle, which will be carried out independently by the nearest competent authorities without the lessor's intervention.
Art. 3 - RESPONSIBILITY OF THE CLIENT
The Client is directly responsible for any damage resulting from the circulation and custody of the rented vehicle and undertakes to indemnify the Lessor from any claims of third parties. The rented vehicle is provided with an insurance policy for third party liability risks, for the maximum amounts required by Italian law and within the terms provided by the insurance policy. The Client is responsible for fines and any other charges resulting from violations of the Highway Code or other laws or regulations, tolls, parking fees and in general any amounts resulting from driving and circulating the vehicle, even by third parties, during the rental period. The Client undertakes to reimburse any sums advanced by the Lessor, including legal, postal and administrative expenses related to the reimbursement request and to hold the Lessor harmless from any damage and/or claim by third parties. The cost of management of each administrative file is determined in euro 50,00 (fifty/00); the Client authorizes the eventual charging of this cost to him.
Art. 4 - RENTAL RATE AND SECURITY DEPOSIT
The fee is established in the Rental Agreement (integral part of these general rental conditions) to be paid in advance at the time of withdrawal of the car. Upon signing this contract the Client shall pay to the Lessor the amount of the security deposit established in the Rental Agreement, which will be returned upon return of the vehicle, according to the procedures established in art. 8 below.
Art. 5 - RETURN OF THE VEHICLE
The Client is obliged to return the vehicle, at his own care and expense, at the location agreed with the Lessor by the day and time of expiration of the contract, with the same amount of fuel present at the beginning of the rental period; any difference in default will be charged to the Client, in addition to the cost of refueling service set at € 50.00 (fifty/00). The vehicle must be returned in the same condition in which it was delivered, so any repairs necessary to restore the vehicle will be charged exclusively to the customer. Upon return of the vehicle will be drawn up the report of recognition in Annex B, signed by the Client and the Lessor at the conclusion of the contract. IF the report of return shows that repairs are necessary, the Lessor will supplement the report with an estimate for the repair of the vehicle, drawn up by an authorized workshop of the brand of the rented vehicle and whose value will be accepted by the Client. This amount will be deducted from the security deposit paid by the Client and if it does not cover the full amount, the Client undertakes to pay the relative balance. The delayed return of the vehicle within the terms established in the rental agreement, will result in the charging of penalties, the amount of which will be deducted from the security deposit, if the delay exceeds 120 minutes will be charged an additional day of rental. In case of delay or failure to return the vehicle without notice, the Lessor reserves the right to take action against the Client for the protection of its rights and for damages in the appropriate venues. In case of return during night hours, dirty vehicle or any other circumstance that prevents the check in of the vehicle, the Lessor reserves the right to check the vehicle when conditions permit and to inform the client immediately about possible charges.
Art. 6 - LIABILITY FOR THEFT, FIRE AND DAMAGE
The vehicle is equipped with insurance coverage for theft, fire and kasko. The responsibility of the Customer for damage to the rented vehicle, except in the case of fraud or gross negligence of the Customer, is limited to the deductibles indicated in the Rental Agreement. In case of a claim by the Client, it is limited to the deductibles indicated in the Rental Agreement. In case of accident, the Client shall immediately notify the Lessor and provide within 24 hours a copy of the report made to the competent authorities. In order to prevent the risk of theft and fraud, the Client acknowledges that the vehicle is equipped with satellite tracking systems. The data and information detected by the service will be treated according to art. 13 D.Lgs 196/2003 (Personal Data Protection Code). The Lessor reserves the right to communicate such data to Judicial Authorities, Insurance Companies and Legal Firms for any action for its own protection.
Art. 7 - DEBTS
The Client is obliged to pay to the Lessor:
- The rental fee provided for in the Rental Agreement;
- The security deposit provided for in the Rental Agreement;
- The eventual amount for the excess mileage beyond what is established in the Rental Agreement;
- The compensation for any damages to the vehicle, within the deductibles established in the Rental Agreement, in addition to the technical stop of the car for the repairs of damages due to fault;
- The reimbursement of expenses incurred for the recovery of the rented vehicle not returned to the agreed place for any cause;
- The amount of fines charged to the Client and/or the Lessor for violations of the Highway Code or other applicable regulations committed during the rental period;
- Any other sum due on the basis of the provisions of these general rental terms and conditions (including, by way of example but not limited to: refueling service, penalties, charges and any sums not reimbursed by the insurance company for any reason in the event of accident, theft or misappropriation);
- What is due in general by way of compensation and/or indemnity and/or reimbursement as a result of the responsibilities and obligations assumed by signing the contract. The Client authorizes the Lessor to debit the credit card indicated in the contract (or to deduct the amounts from the security deposit) all charges due from the rental relationship and those that may be necessary to recover any kind of credit claimed by the Lessor against the Client in relation to the rental relationship.
Art. 8 - RETURN OF SECURITY DEPOSIT
The security deposit will be returned to the Client upon return of the vehicle, without prejudice to the right of the Lessor to retain any expenses for the restoration of the vehicle in case of damage, for the refueling service and the charge of penalties for late delivery as per Art. 5 and 2.
Art. 9 - LESSOR'S LIABILITY
It is excluded any liability of the Lessor for losses and damages resulting from breakdowns of the vehicle, non-delivery or late delivery. It is also excluded any liability for damage to things transported or forgotten on the returned vehicle.
Art. 10 - CANCELLATION
- You may cancel your reservation no later than 168 hours (7 days) before the delivery time (cancellation period).
- If you cancel your reservation within the cancellation period, you will be entitled to a refund of 100% of the deposit or the total amount of your reservation
- You can cancel your reservation within 6 days and no later than 48 hours (2 days) before the delivery time (cancellation period with penalty).
- If you cancel your reservation within the cancellation with penalty period, you will be entitled to a refund equal to 70% of the total price paid.
- When a cancellation is made after 48 Hours ( 2 days ) the expiration of the cancellation with penalty period, you are not entitled to any refund.
- The cancellation or cancellation with penalty period does not apply to a reservation made less than 48 hours before the delivery time (last minute reservation). If you cancel a last minute reservation, you will not be entitled to any refund of the price paid for the rental.
Art. 11 - TERMINATION CLAUSE
The violation of even only one of the provisions of the preceding articles 1,2,3,4,5,6 and 7 will give the Lessor the right to terminate the contract pursuant to art. 1456 of the Civil Code and compensation for damages.
Art. 12 - COMPETENT COURT
For any dispute arising from the execution of this contract is competent exclusively the Court of Milan. The contract is governed by Italian law.
Art. 13 - VARIOUS
If any of the provisions of this contract is considered invalid or ineffective, in whole or in part, the same will be considered as not being part of this contract, which will remain for the remaining provisions valid and applicable.
PRIVACY STATEMENT
Information pursuant to and for the purposes of Legislative Decree 196/2003.
We inform you that, in connection with the execution of this contract, the Lessee STZAuto is required to come into possession and process data relating to you, qualified as personal by Legislative Decree 196/2003 - Code for the protection of personal data. In detail, this is specific information suitable for the proper performance of the service object of the contract, for purposes related to obligations under laws and regulations. Failure to provide personal data, even partially, prevents the execution of this contract. The data controller is: STZAuto with headquarters in Viale delle Rimembranze di Greco, 10 Milan. The Customer may exercise against the data controller the following rights:
-Obtain confirmation of the existence of personal data;
-Obtain updating and deletion of the same at any time. Unless explicitly refused by the data subject, personal data may be used for promotional and marketing purposes.