General Rental Terms and Conditions
Art. 1 - DRIVING THE VEHICLE
The Client is any driver authorized to drive the leased vehicle must comply with the identification formalities required by the Lessor, in particular by providing his personal details, residence and the existence of the legal requirements for driving qualification. In order to rent the vehicle, the following are required: attainment of the 24th year of age; current validity of the driver's license, issued at least 36 months ago; and possession of a credit card or adequate collateral. In the event that another driver is qualified to drive, resulting in the extension of insurance coverage, limitations of liability, exclusions of liability, without prejudice to the full applicability (including to such persons) of these general rental terms and conditions, the Client agrees to:
- Hold the Lessor harmless from any liability under the law and from any dispute made by third parties in general;
- Fully inform and deliver a copy to the additional driver of these general rental terms and conditions, in order to make him aware of the contractual obligations;
- Acquire from the additional driver the relevant personal data and consent for the processing of the same by the Lessor for the purposes provided for in these general rental terms and conditions.
Article 2 - USE OF THE VEHICLE.
The customer 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:
- To not sublease or rent the vehicle;
- To not entrust the driving of the vehicle to persons other than those expressly authorized by the Lessor;
- To not use the vehicle for races, tests, contests or competitions, on roads that are not paved or unsuitable for the vehicle or at racetracks;
- To not use the vehicle abroad, subject to written authorization from the Lessor and only in the countries stipulated in the Green Card;
- To refuel the vehicle with the correct fuel and to diligently maintain the vehicle, checking the fluid level and topping up as necessary;
- To promptly inform the Lessor of any breakdown of the vehicle and not to perform any repair work on the vehicle without the written consent of the Lessor;
- To not drive the vehicle under the influence of alcohol or drugs;
- To not smoke inside the vehicle, under penalty of a penalty upon return of 500.00 (five hundred/00);
- To not transport any kind of animal without prior authorization from the Lessee, under penalty of a penalty upon return of 500.00 (five hundred/00);
- To guard the vehicle with the best diligence, ensuring that the vehicle is properly parked, locked and with the anti-theft device engaged.
Art. 3 - CLIENT'S LIABILITY
The client is directly responsible for any damage resulting from the circulation and custody of the rented vehicle and undertakes to indemnify the Lessor against 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 liable for fines and any other charges resulting from violations of the Highway Code or other provisions of law or regulations, tolls, parking fees and in general sums arising from the driving and circulation of the vehicle, including by third parties, during the rental period. The Client agrees to reimburse any sums advanced by the Lessor, including legal, postal and administrative costs associated with the claim and to indemnify the Lessor against any damages and/or claims by third parties. The cost of handling any administrative paperwork shall be determined at euro 50.00 (fifty/00); The Client authorizes any such charges to be borne by the Client.
Art. 4 - RENTAL FEE AND SECURITY DEPOSIT
The rental fee is established in the Rental Agreement (an integral part of these General Rental Terms and Conditions) to be paid in advance when the car is picked up. Upon signing this contract, the Client shall pay to the Lessor the amount of the security deposit established of the Rental Agreement, which shall be returned upon return of the vehicle, in accordance with the terms set forth in Article 8 below.
Art. 5 - RETURN OF THE VEHICLE
The Client is obliged to return the vehicle, at his own care and expense, to the location agreed with the Lessee by the day and time of expiration of the contract, with the same amount of fuel present at the beginning of the rental; any difference in default, will be charged to the Client, in addition to the cost of the refueling service set at euro 50.00 (fifty/00). The vehicle must be returned in the same state in which it was delivered, therefore any repairs necessary to restore the vehicle will be the sole responsibility of the Client. When the vehicle is returned, the acknowledgement report in Annex B will be drawn up, signed by the Client and the Lessor at the signing of the contract. If the report of return shows that repairs are necessary, the Lessor will supplement the report with an estimate for the restoration of the vehicle, prepared by an authorized workshop of the brand of the rented vehicle and the value of which will be accepted by the Client. This amount will be deducted from the security deposit paid by the Customer and if it does not cover the full amount, the Customer agrees to pay the relevant balance. Delayed return of the vehicle within the terms stipulated in the Rental Agreement, will result in penalties being charged, the amount of which will be deducted from the security deposit, in case the delay exceeds 120 minutes an additional day of rental will be charged. In the case of delayed 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 compensation for damages in the appropriate forums.
Art. 6 - LIABILITY FOR THEFT, FIRE AND KASSAIL.
The vehicle is provided with theft, fire and kasko insurance coverage. The Customer's liability for damage to the rented vehicle, except in the case of the Customer's willful misconduct or gross negligence, is limited to the deductibles specified in the Rental Agreement. In the event of a claim by the Client, it is limited to the deductibles specified in the Rental Agreement. In case of a claim, 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 processed in accordance with Article 13 Legislative Decree 196/2003 (Personal Data Protection Code). The Lessor reserves the right to communicate such data to Judicial Authorities, Insurance Companies and Law Firms for any action for its own protection.
Art. 7 - DEBTS
The Client is obligated to pay to the Lessor:
- The rental fee stipulated in the Rental Agreement;
- The security deposit stipulated in the Rental Agreement;
- The amount, if any, for excess mileage beyond what is stipulated in the Rental Agreement;
- The compensation for any damage to the vehicle, within the deductibles stipulated in the Rental Agreement, in addition to the technical detention of the car for repairs of damage due to fault;
- The reimbursement of expenses incurred for the recovery of the rented vehicle not returned to the agreed location for any cause whatsoever;
- 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;
- Any other sum due on the basis of the provisions of these general rental terms and conditions (including but not limited to: refueling service, penalties, charges and any amounts not reimbursed by the insurance company for any reason in the event of a claim, theft or embezzlement);
- Any amount due in general by way of compensation and/or indemnity and/or reimbursement as a result of the responsibilities and obligations undertaken by signing the contract. The Client authorizes the Lessor to charge the credit card indicated in the contract (or to deduct amounts from the security deposit) for all charges against it having titles from the rental relationship and those that may be necessary for the recovery of any kind of credit claimed by the Lessor against the client in connection with 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 Lessor's right to retain any expenses for the restoration of the vehicle in case of damage, refueling service and the charge of penalties for late delivery referred to in Art. 5 and 2
Art. 9 - LESSOR'S LIABILITY
Any liability of the Lessor for loss and damage as a result of supervening vehicle breakdown, non-delivery or delayed delivery is excluded. Also excluded is any liability for damage to property carried or forgotten on the returned vehicle
Art. 10 - CANCELLATION
- You may cancel your reservation no later than 48 hours (2 days) before the pick-up time (cancellation period).
- If you cancel your reservation within the cancellation period, you will be entitled to a refund of 70% of the total price paid. When a cancellation is made after the cancellation period has expired, you will not be entitled to a refund.
- The cancellation period does not apply to a reservation made less than 48 hours before the pickup 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.
- In the case of paying 30% down payment to reserve a car in advance, the 30% down payment is non-refundable.
Art. 11 - RESOLUTION CLAUSE
Violation of even one of the provisions in Articles 1,2,3,4,5,6 and 7 above will give the Lessor the right to terminate the contract in accordance with Article 1456 of the Civil Code and to compensation for damages.
Art.12 - COMPETENT COURT
For any dispute arising from the execution of this contract, the Court of Milan shall have exclusive jurisdiction. The contract shall be governed by the laws of Italy.
Article 13 - MISCELLANEOUS.
Should any of the provisions of this contract be held invalid or ineffective, in whole or in part, the same shall be deemed not to be part of this contract, which shall remain valid and enforceable for the remaining provisions.
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.