Mancini Rent S.r.l. with registered office in Polignano a Mare (BA) C.da Pozzo Vivo, n.c (hereinafter referred to as the “Lessor”), directly or indirectly through its authorized agencies and / or third party partners, upon payment of an agreed amount which must take place in full when booking the desired service (penalty: the nullity of the contract), delivery to the Lessee described in the “Customer personal data” section (hereinafter referred to as “Customer”) a car or a motorcycle (hereinafter both referred to as “vehicle”) for use as rental without driver.
By signing the contract, the Customer declares to have examined the vehicle object of the lease and to receive it from the Lessor in excellent condition, fully functional in all its parts including the level of wear of the tires, equipped with every mandatory accessory, equipped with every mandatory document to circulation in Italy and Europe and fully refueled, as well as in accordance with the law.
General Rental Conditions
1. Suitability of the vehicle
The Customer declares to have examined, during the delivery of the vehicle, the same and to receive it from the Lessor in excellent condition, fully functional in all its parts including the level of wear of the tires, equipped with every mandatory accessory, equipped with every mandatory document to the circulation in Italy and abroad, of any supplementary document including those relating to insurance policies and fully refueled.
The Customer who finds any damage and / or anomalies on the leased vehicle and does not describe them in the appropriate section “Supplementary Notes” at the same time as the delivery of the same, validates its perfect condition, and consequently activates his own responsibilities for any verifiable damage caused in the redelivery phase in accordance with what is described in the following clause no. 21 – VEHICLE RETURN DATA.
If the condition arises in which the Customer is delivered, for the rental, a partially damaged vehicle, the Customer has the right to receive a refund for the entire amount paid for the rental without, therefore, using the service, and without the addition of any penalty or indemnity. Alternatively, the same may choose the applicability of a discount decided at the sole discretion of the Lessee according to the extent of the damage to the vehicle covered by this contract, other reimbursements, penalties or indemnities will not be recognized.
For reservations in advance of the date of use of the service, if the leased vehicle is no longer available (e.g. descriptive but not limitative: for severe damage caused by other customers, for forced detention of the Police Forces, for replacement of the same , by chance, etc. etc.) on the day established by the booking and / or by this contract, the Customer accepts the fact that an available replacement vehicle will be delivered. If the available vehicle is not in the interest of the Customer, the latter may request the Lessor to issue a voucher (which can be spent by the Customer only in the car rental and within twelve months from the date of issue of the same) or a refund, both equal to the value of the amounts paid by way of rental.
For any further indemnity or reimbursement, the Customer expressly unconditionally exempts the Lessor from all liability deriving from the failure to use the booked service, even if the booked service refers to particular events, ceremonies or weddings.
2. Rented vehicle
The means that the Lessor makes available to its customers for rental without a driver can be registered in the name of other companies or third party partners. Therefore the Customer, as per the following clause n. 6 – INDEMNITY, indemnity Mancini Rent s.r.l. i on the directors and its employees, for any responsibility and agrees to discuss any disputes with the owner of the vehicle, maintaining all these contractual clauses and conditions, as well as any additional conditions, unaltered.
3. Custody of the vehicle
By taking delivery of the vehicle, the Customer constitutes the custodian of the leased vehicle for all purposes of the law and legally and morally undertakes to keep it in custody according to the diligence of a good family man. The Customer acknowledges that he does not have any real rights over the leased vehicle and the accessories supplied, and therefore cannot dispose of them in any way, except for the sole use granted as a temporary lease.
This custody obligation also extended to the keys and / or transponder (satellite alarm signal receiver, hereinafter referred to as “transponder”) of the vehicle, as well as to all accessories (mobile and fixed) and original equipment. In the event of loss or theft of the same, the Customer undertakes to report the fact to the nearest competent Authorities and to deliver the original of the report to the Lessor within the following 24 (twenty-four) hours.
Finally, the Customer undertakes to immediately reimburse the Lessor for any expenses incurred for the purpose of recovering the keys and / or the transponder, or for the production of duplicate replacements, even if this implies the complete change of the locking systems of the vehicle. .
In the event that the Customer 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 Customer undertakes to compensate the Lessor for any partial or total loss of the leased vehicle to the extent of its original value at the EUROTAX price list of the new sale, plus any additional expenses including the loss of profit, as per subsequent clause no. 11 – CESSING PROFIT AND STOP OF THE VEHICLE.
4. Receipt of the contract copy and examination of the conditions
By signing this contract, the Customer also certifies that he has received an original copy from the Lessor, and that the two copies made are identical. The Customer also declares to have previously examined the same contractual conditions by delivering them, as an attachment, written in a larger and clearly legible font.
The Customer, by signing this contract and the related clauses, undertakes to exempt and indemnify Mancini Rent S.r.l. and all Group companies, as well as employees and administrators, together with the owner of the leased vehicle (if different from the Lessor) from any liability towards themselves, the driver, passengers, members of their respective families, third parties, and of the successors in title, for damages of any nature, including the economic damage suffered by the same in persons or property as a result of a vehicle malfunction or road accidents, or for any other reason with the exclusion of anything. In any case, the Lessor cannot be held responsible for any type of damage occurring as a result of theft, riots, accidents, earthquakes, fires, bad weather, wars or causes of force majeure and / or unforeseeable circumstances. Objects left by anyone in the vehicle returned to the Lessor are considered abandoned, and the Lessor is not required to keep them and return them.
6. GuarantorThe Customer can use one or more guarantors. They will be registered as such by completing the appropriate supplementary form of this contract. Then the Guarantor, by signing the appropriate supplementary form above, becomes personally and without limit the Client’s guarantor, jointly and severally for all economic / financial obligations arising from the signing of this contract.
7. Contractual obligations and prohibitions
By signing this contract and the related clauses, the Customer undertakes:
a. To keep with you your copy of the rental agreement issued by the Lessor and show it to any checks by the competent Authorities. If due to non-compliance with this obligation, the competent authorities confiscate (even temporarily) the leased vehicle, the Customer must reimburse the Lessor for each day the leased vehicle is stopped, subject to assessment of greater damage and loss of profit.
b. To conduct the leased vehicle with the utmost diligence and in full compliance with this contract and with all the laws in force in Italy as well as those currently in force in the countries where, possibly and with the authorization of the Lessor, the vehicle used.
c. To personally and directly provide for the payment of any fines received with the leased vehicle, during the time of the lease.
d. To be permanently available at the telephone numbers stated in this contract.
e. To immediately return the leased vehicle at its own expense to the Lessor’s office (or a different location designated by the latter) upon his simple request. This obligation remains even if the request is formulated in advance at the actual end of the rental contract. In this case, the customer will be reimbursed only the amount corresponding and proportionate to the period of non-rental without any other indemnity, it being understood that there are no debts towards the Lessor, which will eventually be compensated.
f. To comply with all legal, civil and moral obligations in the event of total loss of the vehicle, taking immediate action to officially report the incident to the competent Authorities, keeping a certified copy of the complaint made for the Lessor. Penalty for non-compliance with this contractual obligation, the forfeiture of all insurance coverage, resulting in the sole and exclusive responsibility of the Customer and the Guarantor.
g. Not to drive or use the vehicle, and not to tolerate that the vehicle is driven or used by people without the legal requirements in force in Italy and, subject to the written authorization of the Lessor, in any foreign country where the vehicle is used.
h. Not to tolerate that the vehicle is conducted or used by an unauthorized person as described in the following clause no. 25 – DRIVER QUALIFICATION.
i. Not to drive or use the vehicle, and not to tolerate that the vehicle is driven or used, in case of breakdowns or malfunctions of the same.
j. Not to drive or use the vehicle, and not to tolerate that the vehicle is driven or used by people without a suitable driving license or in possession of a suitable driving license for less than three years.
k. Not to drive or use the vehicle, and not to tolerate the vehicle being driven or used for the transportation of persons or things for remuneration, or for pushing and pulling objects or other means.
l. Not to drive or use the vehicle, and not to tolerate the vehicle being driven or used for subleasing unless explicitly authorized in the “Supplementary Notes” section.
m. To not drive or use the vehicle, and to not tolerate the vehicle being driven or used under the influence of substances that inhibit the ability to understand, react or drive.
n. To not drive or use the vehicle, and to not tolerate the vehicle being driven or used in official or unofficial races, competitions, events or circuits of any kind.
o. To not conduct or use the medium, and to not tolerate the medium being conducted or used for any purpose contrary to Italian Law.
p. Not to drive or use the vehicle, and not to tolerate the vehicle being driven or used, for the transportation of animals, including one’s own.
q. To not drive or use the vehicle, and to not tolerate the vehicle being driven or used to transport explosive, polluting or even classified as dangerous goods.
r. To not consume and/or store drinks and provisions.
s. To not smoking.
t. To not get on and/or off, with the leased vehicle, from sidewalks, and ground elevations.
u. To not carry number of passengers in excess of the limit mentioned in the registration book of the leased vehicle.
v. Not to assign or sublease the leased vehicle.
8. Prohibition of expatriation with the medium
It is absolutely forbidden for anyone to drive the leased vehicle in a State other than Italy, unless specifically authorized by the Lessor, and only in the Foreign States authorized and possibly described in the relevant section “Leased Vehicle” under “Authorized Traffic Area.” In addition, in order to be able to expatriate with the leased vehicle, the Client must make payment of the total deposit described in the “Economic Detail” section under “Deposit”. This authorization and of the Lessor, allows only the Client, or the additional driver authorized by the latter, the circulation of the leased vehicle in the states described in the same point above, under temporary export.
In order to expatriate with the Landlord’s authorization, the Client or driver must necessarily: have their own ID and driver’s license both internationally valid and especially valid in the country to which they intend to expatriate, as well as request from the Landlord the original “green card” to be made available inside the leased vehicle.
Should the Client leave the Italian State without prior authorization of the Lessor, all security protocols will be automatically activated, and at the expense of the Client, which provide for the final collection of the total amount of the deposit, the engine blocking (in compliance with the specific regulations provided) of the car without prior notice as well as the forced recovery of the vehicle, which will be carried out independently by the nearest competent Authorities without the Lessor being able to intervene.
All penalties under this contract that will be charged to the Customer will also be activated. In the event of unauthorized expatriation, all insurance coverages will automatically lapse and any liability including damages caused to oneself or third parties, to the leased vehicle, or for the total or partial loss of the leased vehicle or its fire, are the sole and complete responsibility of the Client.
9. Mandatory compensations
During the period of the lease, which commences from when the leased vehicle leaves the lessor’s garage until it returns to it, with the exception of the extensions of the Customer’s responsibilities provided for in this contract, all responsibilities and burdens related to the ownership of the leased vehicle are the sole responsibility of the Customer. For any damage caused to the leased vehicle will be valid, for the purpose of compensation for the same, unquestionably and only the documents submitted by the Lessor, who remains the sole owner of the right of choice about the manner of restoration of the damage caused by the Client.
Notwithstanding the above, the Client shall be jointly and severally obligated to immediately indemnify the Lessor for any damage caused directly or indirectly to the leased medium, parts thereof, and any extra accessories, as well as to reimburse the Lessor for any possible legal and administrative management expenses upon its simple request, and of any loss of profit as described in the following clause no. 11- LOSS OF PROFIT AND VEHICLE DETENTION.
10. Loss of profit and detention of the vehicle
In the event of damage caused to the leased vehicle, during the period of the lease, the Client is jointly and severally obligated to indemnify the Lessor for each day the damaged vehicle remains in service either for maintenance on structural damage, or for the retrieval of any spare parts, or for maintenance suitable for the restoration of the bodywork or interior; even if such damage was caused due to the responsibility of a third party.
Said penalty is calculated by multiplying the days the vehicle is idle by the full rental rate in effect at the time the contract is signed, to the extent of the rate schedule that the Customer declares that he/she is well aware of. In the same way is calculated the amount that will be charged to the Client for any detention of the leased vehicle by the competent Authorities for any liability borne by the Client or the lessee of the leased vehicle during the period of the lease.
Any loss of profit accruing to the Lessor are also the responsibility of the Client. If, therefore, due to the Client’s responsibility, the Lessor is unable to execute future contracts concerning the same leased medium (whether initialed prior to this contract and therefore already in existence, or subsequent to the closing of the same within the maximum limit of ninety days), the Client shall reimburse the Lessor for each lost contract.
11. Refunds and charging methods
In addition to the mandatory compensation described in the previous clause no. 10 – OBLIGATORY REIMBURSEMENT, the Client shall be obligated to immediately reimburse the Lessor, upon its simple request, for all expenses incurred in obtaining the fulfillment of pecuniary obligations pertaining to the same. For any form of charge, the Client expressly authorizes the Lessor to make its own arrangements to charge any amounts accruing to its own credit cards listed in the section “Client’s credit cards to be used for payments,” or to any other credit cards in the name of the Client and provided to the Lessor for knowledge even if not surveyed within this agreement, without the obligation of the Lessor to send any explanatory and/or descriptive document.
In the same manner will also be charged all expenses that are the responsibility of the Customer, for which notice is given in arrears upon delivery of the leased medium. For these expenses provided, in addition to mere reimbursement, a penalty of € 50.00 (fifty) excluding VAT for each expense. The Client shall also compensate the Lessor for any miles used in excess of those authorized and described in the “Leased Means” section. In the same section also described the unit amount that will be multiplied by the total unauthorized overrun km. If credit cards cannot be charged, the Client agrees to immediately (and this within seven days of notification) compensate the Landlord upon simple request.
Instead, for any damage caused to third persons and/or property owned by third parties, it remains the sole and exclusive responsibility of the Client, and/or the driver of the vehicle, both of whom undertake to immediately recompense the offended third parties and settle with them any disputes that may arise, holding the Lessor harmless from any liability as per the previous clause no. 6-MANLEVA.
12. BlackberryFor each delay in payment, late payment interest will be charged to the Customer in the amount of the legal rate of the European Bank (ECB) plus 4 (four) percentage points. Also” the Client expressly agrees that the Landlord assigns, all or part of the receivables due from the Client, to third Companies which, becoming official owners of the receivable, will work in the appropriate venues for the recovery of the amount claimed, even by resorting to judicial extremes (factoring).
13. Refunds to the customer
The Client understands that the Landlord does not apply any refund policy in case of cancellation of the reservation. Therefore upon the occurrence of this the Client will lose any amount paid. However, if the Client has been granted reimbursements of any other nature, it is the Client’s obligation and care to request their repetition (or reversal) from the Lessor exclusively by registered letter with return receipt, to be sent to the Lessor’s Registered Office, no later than 10 (ten) days from the date of termination of the contract (date specified in the same contract in the section “Vehicle Redelivery Data” under the points “Redelivery Date” and “Redelivery Time”). In any case, no penalty, interest or indemnity will ever be awarded to the Client. Outside this limit, the Customer will lose all title to any refunds, and consequently they will not be recognized.
Regardless of the responsibilities of the parties involved, should any accident occur where the leased vehicle was even minimally involved, the Lessor will collect the total amount of the security deposit described in the “Security Deposit, €” section of the “Economic Detail (in euros including V.A.T.). Therefore, notwithstanding the conditions of return of security described in the following clause no. 24 – FINANCIAL QUALIFICATION and clause no. 25 – SECURITY DEPOSIT, the security deposit will be returned to the Client only once the responsibilities and dynamics of the claim have been officially ascertained and will be returned to the Client when the claim has been fully closed by all Insurance Companies involved, as well as reduced by any damage caused to the leased vehicle not covered by the insurance policies, related deductibles and insurance deductibles described in the following clause no. 33 LIABILITY AND INSURANCE COVERAGE. In accordance with this, the Client undertakes:
a. To inform the Landlord immediately of the claim that has occurred, following up within 24 (twenty-four) hours of the same by sending a written report to the Landlord’s domicile, preceded by fax to 080-4240054
b. To make absolutely no statements of responsibility if there is any uncertainty about the dynamics of the accident.
c. In case of even minor injuries, to immediately inform the nearest competent authorities, and take action according to the relevant regulations.
d. To take note of any data and information useful in establishing the dynamics of the accident, any witnesses, and all parties involved.
e. To fulfill every legal, civil and moral duty especially in case of injured people or dangerous situations. Penalty for failure to comply with this contractual obligation is forfeiture of all insurance coverage resulting in liability to be borne solely and exclusively by the Customer. If a claim occurs during home delivery of the leased vehicle, due to the responsibility of a third party, the Client will not be entitled to any reimbursement from the Lessor. Such reimbursement must be requested directly by the Client from the Insurance Company of the responsible vehicle that caused the accident, where the leased vehicle was involved. Depending on this, upon the Client’s explicit written request, the Lessor will provide the dynamics of the claim so that the Client can proceed with the claim as described above.
15. Return of the vehicle
The Customer agrees to return the leased vehicle by complying with the date and time described in the “Delivery / Redelivery” section. If a penalty is quantified at the bottom of the “Delivery / Redelivery” section in the space provided “Mandatory Redelivery”, the Customer has a mandatory obligation to meet the redelivery deadline and will not enjoy any tolerance on any delay.
If the Client fails to meet the agreed deadline, the Lessor will charge him the relevant penalty to the extent of the amount described in the same section under the heading “REDELIVERY TASSIVE with penalty in case of delayed redelivery of the vehicle, of Euro (excluding VAT).” It is also” the obligation of the Client to return the leased vehicle in the same state in which he had received it from the latter. Except for normal wear and tear it shall be fully refueled, with the same original accessories and documents, as well as cleaned internally and externally.
Should the Client wish to extend the lease, he/she shall promptly notify the Landlord who reserves the right to authorize or decline such extension. If the Landlord authorizes the extension of the contract, the Client shall immediately pay the adjustment amount communicated to him. It is understood that the home redelivery of the vehicle in the event of contract extension will no longer be guaranteed by the Lessor, therefore it must be carried out by the Client who must redeliver the leased vehicle to the Lessor’s office or other location designated by the Lessor.
16. Late or failure to return the vehicle
The Client who fails to return the leased vehicle within the maximum tolerance of 30 (thirty) minutes from the deadline agreed upon in this contract and described in the “Delivery / Redelivery” section, shall be deemed fraudulent and therefore the Landlordfree to file regular complaint to the competent Authorities, as well as to activate all the penalties described in this contract, including the security protocol that provides for the forced recovery of the vehicle with the help of satellite anti-theft device and the use of external surveillance/security institutions, at the expense and responsibility fully borne by the Client.
Any penalty for any redelivery of the leased vehicle in arrears of the date and/or place stipulated in the “Delivery / Redelivery” section of this contract shall be considered null and void if the Lessor has authorized the Client (expressly in written form) to an extension of the terms of this rental agreement. In the latter case, the Customer will be charged only for the days (and services in addition) requested by him/her, to the extent of the fee schedule that the Customer claims to be well aware of. For the calculation of the total days, the actual date of redelivery, expressly mentioned in the “Vehicle Redelivery Data” section in this contract at the final termination of the contract, will be used as the basis for calculating the total days.
17. Absence at the return of the vehicle
If at the time of the redelivery (even at home) of the leased vehicle, the Client (or if provided for the redelivery delegate) is absent, he/she shall forfeit any right of reply on any damage found on the leased vehicle, even if such absence is caused by the Lessor’s (or a third party designated by him/her) delay in taking delivery of the vehicle, unless greater damages are assessed.
If at the time of delivery and/or home redelivery of the leased vehicle, the Client (or if provided for the redelivery delegate) makes the Lessor or whoever for it wait, he will be charged a penalty of € 1.00 (one) V.A.T. excluded for each minute of waiting, beyond the agreed time, plus any living expenses incurred by the Lessor for the return of the transferist to the premises, without prejudice to an assessment of greater damage caused and except in the case of a mandatory redelivery above ci tioned for which, in addition, the relevant penalty described above shall remain in force.
If the customer fails to return the vehicle, on the date indicated,as per the contract,Mancini Rent is authorized to report for theft, the customer, to the appropriate authorities.
18. Home delivery of the medium
In the event that the Client options the domiciliary service of delivery and/or redelivery of the leased vehicle, He accepts from the outset any delays caused by force majeure and in any case not attributable to the Lessor who is hereby indemnified by the same. The Client, also”, indemnifies the Lessor from any liability or claim for compensation for any delay in the delivery and/or home redelivery of the vehicle, even if the consequence of the delay was caused by an accident in which the leased vehicle becomes involved, and because of this the rental could not begin.
The Customer, who has already signed this contract, has the right to delegate a trusted person to return or pick up the leased vehicle. In this case, the Client must notify the Lessor in advance of the details of the delegated person, so that he/she can authorize him/her by entering him/her in the appropriate section “Delivery / redelivery” under the heading “Delegate for collection” and/or “Delegate for redelivery.” For his part, the Delegate, by signing in the appropriate section, jointly and severally obligates himself to the Client for all responsibilities and obligations arising from the signing of this contract.
20. Vehicle return data
The redeliverer, whether the Client or the redelivery proxy, declares true the vehicle redelivery information shown at the bottom of the “Vehicle Redelivery Data” section and specifically on the odometer total, full fuel tank as well as any new damage done to the vehicle during the lease covered by this contract.
21. Partial termination of the contract
Partial termination of this contract shall be obtained by silence consent on the part of the Lessor after 30 (thirty) days from the date of actual redelivery of the leased vehicle, indicated in the contract as set forth above. In these 30 (thirty) days, the Lessor will carry out tests and checks on the good working condition of the leased vehicle, and if it finds any damage or malfunction (except normal wear and tear), it will notify the Client (in this regard, the contact made through the telephone, fax, e-mail or regular mail details made known by the Client to the Lessor shall be valid and authentic) and independently charge him all the expenses for which he is responsible in the manner previously described. Any possible civil and/or criminal liabilities, including any penalties that are the responsibility of the Client, are not barred by any statute of limitations.
22. Election of domicile
For any written communication from the Landlord, The Client expressly declares that he/she elects as his/her domicile the one described in his/her document surveyed under the section “Customer Master Data”. The same declares, also”, that he/she accepts election of domicile also the sending of any written communication occurred through the use of computer or telecommunication means such as for example fax or e-mail. Such communications will have the value of registered mail with return receipt.
The Client declares that he/she has provided the Lessor with his/her real and useful data for the registry-financial identification of himself/herself, he/she also declares”, that all documents delivered to the Lessor are originals or true copies of the original. The Customer also declares himself”, aware that he is liable to criminal prosecution in case of false statements.
24. Driver qualification
The only person authorized to drive the leased vehicle is the Customer, if surveyed with a driver’s license in the appropriate “Customer Master Data” section, and/or the person identified in this contract in the appropriate “Additional Authorized Driver” section. The driver (whoever he or she may be), must meet all Italian (and local in the case of expatriation, unless expressly authorized in writing by the Lessor) legal requirements to be qualified to drive the leased vehicle, as well as holding the relevant and valid category B driver’s license (or international driver’s license) for at least three years.
In addition, the driver must always carry his or her own identity document and driver’s license valid, internationally, in the Italian state and in the foreign state where he or she will drive, if authorized by the Lessor, the leased vehicle under the temporary export regime. The Lessor has the unquestionable right not to consider, suitable the Client and/or the additional driver and therefore not to grant the requested services
Or any contractual additions.
25. Financial qualification
Required financial qualification shall mean the amount described in the “Security Deposit, €” section of the “Economic Detail (in Euros including VAT)” paragraph that the Client shall guarantee (in cash or alternatively as unused liquid availability of its total plafond on all its credit cards made known to the Lessor) and which, as set forth in these terms and conditions, the Lessor shall collect as security. Achieving the required financial qualification is an essential and mandatory condition for being able to rent the desired vehicle and always remains the duty and responsibility of the Client.
The Client expressly declares that in first contact with the Lessor, the latter has expressly made known to him his required financial qualification, and that he is aware of the methods by which the Lessor itself determines financial qualifications and applies their operating methods. The achievement of financial qualification must be reached by the Client within ten days before the actual use of the leased vehicle begins. If financial qualification is not met, the rental cannot begin and no refund will be given to the Client. In addition, any advance or deposit paid by the Client will not be refunded to him.
The amount agreed upon for the rental fee, any security deposit and any other incidental expenses that are the sole responsibility of the Client must necessarily be covered by the credit cards pledged as collateral and described in the appropriate section “Client’s credit cards to be used for payments.” The specified credit cards must never be of the ATM, prepaid, reloadable, installment, PostePay or virtual card type. To this end, the Client specifically authorizes the Lessor to charge its credit cards, even repeatedly (and if necessary also as evidence), any amount necessary for the Lessor to attest to the “good standing” of the Client’s credit cards, as well as any amount necessary for the Client to attain the appropriate financial qualification necessary to rent the requested vehicle (e.g., descriptive but not limiting: in pre-authorization mode without charge).
In the event that the amount of unused cash on the Customer’s credit cards is less than the financial qualification required to rent the desired vehicle, the Customer may supplement, in advance of the commencement of the rental of the vehicle, and on the same deadline as described above, the required amount by means of a cash deposit to the Lessor. Any expenses derived from the function of verifying the Client’s credit cards are solely the responsibility of the Client, so the Client expressly authorizes the Lessor to independently charge them.
As an alternative to the full collection of the security deposit, the Lessor, under special conditions and at its sole discretion, may provisionally collect a partial amount of the security deposit (in this case, such amount described in the same section under “of which paid, €”), however, this does not reduce or eliminate the liability of the Client on the full amount required as security deposit to guarantee any damages, or on other economic liabilities established by this contract.
Upon the occurrence, if any, of the conditions that provide for the immediate debit (including during the course of the contract) of the security deposit, the Lessor shall collect (including in different periods and in any different manner) all useful amounts, up to the amount established as the full security deposit and described as previously mentioned in the section “Security Deposit, €” of the section “Economic Detail (in Euros including VAT)”, except for greater damages or penalties provided for in this contract. Once the rental agreement is closed, as stipulated in the previous clause no. 22 – PARTIAL TERMINATION OF THE CONTRACT, if there is a positive balance between the total amounts collected by the Lessor as security deposit and all amounts actually accruing to the Client (including any adjustments, damages, deductibles, incidental expenses, etc.), this amount shall be returned to him/her within 30 (thirty) days from the date of redelivery of the leased vehicle, specified in this contract in the “Vehicle Redelivery Data” section under “Redelivery Date” and “Redelivery Time”.
In the event that the contract cannot commence (e.g. descriptive but not limited to: due to the client’s failure to meet the financial qualification, unavailability of the requested car model, unforeseeable chance events, etc. etc.) the Client aware that any pre-authorized deposit on their credit cards will be cancelled by the Lessor within 7 working days from the date of commencement of the rental contract, however there are timeframes for the restoration of its availability on card that do not depend on the Lessor, but on the operators of circuits and payment “gateways”.” The Client, therefore, expressly releases the Lessor from any liability arising from delays in the cancellation/release of previous authorization and/or pre-authorization movements made on its credit cards.
Charged to the Client, to the extent of 5% (five percent) of the amounts requested as security, are the commissions incurred by the Lessor on transactions made as security both on credit cards and through the collection of checks guaranteed through the CENTAX S.p.A. circuit. In light of this, the Client, therefore, expressly authorizes the Lessor to independently charge them through the methods expressed in this contract.
27. Express termination clauseAt any time (either before or during the execution of the rental agreement) the Lessor may decide not to proceed with the reservation made by the Client, or in the case of a rental that has already begun, to terminate the same without giving any justification or notice to the Client or third parties, thus reimbursing the Client only for the mere amount paid, proportionate to the service not enjoyed, with the explicit exclusion of any indemnity or compensation.
28. Obligation to be permanently on callThe Client and the authorized additional driver, are under the strict obligation to be permanently on call 24 hours a day at the telephone numbers described in the appropriate sections “Tel. rep. perm.” (i.e. permanent on-call phone). After even one unsuccessful attempt to communicate with the Client, carried out in full autonomy by the Lessor, the latter has the right to charge (if it has not already done so) the total amount of the security deposit described in the section “Economic Detail” under “Security Deposit”, and to activate all the security protocols provided for in this contract, aimed at the forced recovery of the leased vehicle at the expense of the Client.
29. Activation of security protocols.
Notwithstanding the preceding premises contained in this contract, upon the occurrence of the specific conditions, the satellite anti-theft system of the vehicle will be automatically activated and at the expense of the Customer , resulting in the engine block (in compliance with the specific regulations provided) and the forced recovery of the leased vehicle (carried out independently by the nearest competent Authorities).
The activation of security protocols also provides,” that the contract shall be deemed dissolved early due to the fault of the Customer who loses all rights to use the service without being able to receive any kind of reimbursement or compensation. In addition will be charged, to the Customer all the penalties provided for in this contract in the manner provided by the same. Finally, the Customer remains solely responsible for any damage caused to persons and/or property, consequent to the activation of the security protocols and the same anti-theft both satellite and “immobilizer”.
30. Routine maintenanceIt is the Customer’s obligation to make efforts for the routine maintenance of the leased vehicle throughout the period of the lease. Our rates do not include fuel. Our vehicles are delivered in perfect condition to the Customer, cleaned internally, washed externally and fully refueled. The Client undertakes to return the vehicle to the Lessor, referred to in clause no. above. 4 – CARRIAGE OF THE MACHINE, washed, cleaned and fully refueled, and in any case in the same state in which he had originally taken it over from the Lessor and with the same accessories and parts thereof whether mechanical, fixed or movable. If at the time of return the vehicle without a full tank of fuel, the Customer will be charged a penalty equal to the cost of the entire full tank of fuel for the leased vehicle, discounted at the time of refueling plus a penalty of € 50.00 (fifty) excluding VAT. Also the penalty for the return of the rented vehicle, without the Customer having taken care to carry out the internal cleaning and external washing (which must be strictly carried out by hand) amounts to € 50.00 (fifty) excluding VAT.
31. Accidental failures
As contractually stipulated and as previously mentioned in the various points above and specifically in the previous clause no. 6 – INDEMNITY, the Client and/or the lessee of the leased vehicle, expressly exonerate the Lessor and all Group companies, as well as employees and directors, for any damages resulting from the malfunction, accidental failure and as a result of traffic accidents in which the leased vehicle was involved.
It is strictly forbidden for the Client (or the authorized lessee of the leased vehicle) to use the leased vehicle under conditions of breakdown or malfunction of the same, in order to avoid possible dangerous situations for themselves or others. The Client, being no minated custodian of the same and in accordance with the previous clause no. 31 – ORDINARY MAINTENANCE, severely obliged to activate all procedures necessary to restore the vehicle to good working order at its own expense.
If this is not possible, the Client shall activate with the procedure for the return of the faulty leased vehicle, which provides for the immediate return of the same, at the expense and responsibility of the Client and exclusively through the aid of roadside assistance vehicles, to the registered office of the Lessor, or alternatively to the nearest technical service center authorized by the manufacturer of the leased vehicle or location designated by the Lessor.
If the Customer (or the lessee of the leased vehicle) decides on his or her own initiative to no n use roadside assistance and delivers the leased vehicle by his or her own hand, he or she would be in breach of compliance with item no. above. i of clause no. 8 – CONTRACTUAL OBLIGATIONS AND PROHIBITIONS, making him/herself not only in default, but also solely responsible in full for any damage caused to the leased vehicle, to himself/herself, to property, or to persons, resulting from the use of the malfunctioning vehicle. As a function of such a breach of contract, all insurance coverage lapses and is therefore to be considered null and void, deferring all liability to the Client to the exclusion of nothing.
32. Liability and insurance coverage
1) In the case of home delivery and/or redelivery of the leased vehicle, the responsibilities (excluding criminal liabilities at the head of the vehicle’s lessee, which are not prescribed by any statute of limitations and are not insurable) of the Client begin with the vehicle’s departure from the Lessor’s garage and end with the vehicle’s return to the Lessor’s garage. Without the domiciliary service, on the other hand, the Client’s responsibilities to the Lessor and to third parties, begin at the same instant that the Client (or the authorized lessee, as well as the delivery delegate, if any) takes possession of the keys (and/or transponder) of the leased vehicle i.e.: on the date described in the paragraph “DELIVERY/RECONSIGNMENT” under the items “Delivery Date” together with the time described in the same paragraph under the item “Hour cons. eff.” (actual delivery time); and shall end as described in the preceding clause no. 16 – RETURN OF THE VEHICLE.
2) All insurance policies lapse and are therefore to be considered null and void if the Client (or the driver of the vehicle) fails to comply with even one condition of this contract. In such a case, all liability falls solely on the Client.
3) In the event of disputes concerning: insurance policies, deductibles, overdrafts, insurance limits, and otherwise any services attached to and connected with the insurance policies shall be settled solely between the Client (or whoever) and the Insurance Company with which the Landlord (or the owner of the vehicle) has entered into the policies. Therefore, the Client indemnifies the Landlord as per the previous clause no. 6 – MANLEVA, and declares that it has read the supplementary attachments provided by the Insurance Company and available free of charge inside each leased vehicle and/or from the Lessor upon simple request.
4) The Client declares that he/she is aware of the deductibles and excesses that the Insurance Company does not compensate and which are, therefore, of his/her own competence and responsibility including parts of the vehicle such as e.g. descriptive but not limited to: interior, to the body under the car, to the wheels, to the tires, for partial or complete breakage of the windows, mobile GPS, car radio, engine, etc. Therefore, any overdraft not paid by the Insurance Company for damages caused to the leased vehicle are the sole responsibility of the Client and will be charged to him in the manner provided in this contract.
5) All insurance policies lapse in the event that the Client (or the return proxy) is without the keys to the rented vehicle or the anti-theft transponder, or has lost them (including as a result of theft/robbery). In this regard, the Client accepts any first-person risk, being aware that he/she is solely responsible in case of theft/robbery/fire, partial or total loss of the rented vehicle.
6) Insurance policies do not apply for theft/robbery/fire of the leased vehicle in the following regions: Campania, Apulia, Calabria, Basilicata, and Sicily which are considered high risk for theft/robbery.
7) No policy covers theft of one’s belongings left in the leased vehicle and accessories (fixed and movable) of the car. These responsibilities remain the sole responsibility of the Client. Notwithstanding these premises (from 1 to 7 of this clause), under conditions of full compliance with this contract, the Customer has the option to limit its liabilities by adhering to special supplementary insurance agreements.
These agreements in no way eliminate or limit any criminal liability of the Client and the driver of the vehicle, which are governed by Italian Law and, in the case of expatriation, by local laws. Supplementary agreements that limit the Client’s liability are:
a) R.C.A.: This policy limits the Client’s liability for damages caused, through the operation of the leased vehicle, to persons or property. This policy provides that the Client shall pay to the Landlord a fixed overdraft (fixed deductible) in the event of a road accident through its own fault of € 350.00 (three hundred and fifty) V.A.T. excluded for each claim caused open by the Insurance Company. Tal e policy has a variable ceiling, which the Client claims to know, depending on the leased vehicle. Exceeding this ceiling, the Insurance Company will not reimburse any kind of damage caused by the Client. Therefore, responsibilities will fall again and fully on the Client.
(b ) P.A.I.: This policy covers any damages of physical insult to the driver, as a result of road accidents with identified vehicles, which occurred through his own responsibility and through driving the leased vehicle. This policy has a maximum amount that the Client declares that he/she knows. This optional policy may be opted by the Client by affixing “YES” in the relevant choice box in the “INSURANCE” section of the “Leased Means” paragraph. If nothing is specified on that box or there is “NO” on the copy of the contract held by the Landlord, this policy is not active. This policy is not applicable if the leased vehicle is a motorcycle. In addition, this policy lapses as a direct result of the Client’s breach of contract.
(c) C.D.W.: that is, the policy best known by the name “Kasko” policy. This policy limits the Client’s economic liability, with respect to the leased vehicle, for damage that He caused to the leased vehicle through His own fault, only as a result of a traffic accident with certain and identified vehicles (i.e., so-called “Kasko Collision”). This policy provides for estimating the damage done to the leased vehicle, opening a claim for each damage done. Then sets the single deductible equal to 20 percent (twenty percent) of each individual damage caused to the vehicle, with the respective minimum overdraft fixed, each, at € 3,000.00 (three thousand). They are, also, at the expense of the Client any uncovered amounts not compensated by the Insurance Company that the Client declares to be aware of. This optional policy may be opted by the Client by affixing “YES” in the relevant choice box in the “INSURANCE” section of the “Leased Means” paragraph. If nothing is specified on that box or “NO” is affixed to it on the copy of the contract held by the Landlord, this policy is inactive. The Customer who does not adhere to such a policy is obligated to indemnify in full, damage caused to the leased vehicle, induced damage as described in clause no. above. 11 – LUCRO CESSANTE, and any incidental expenses and/or charges. In case of failure of the Client to adhere to the said policy, the Client obliged to pay compensation for any damage, even if on its own initiative the Landlord subscribed to the activation of the same. This policy not applicable if the leased vehicle is a motorcycle. In addition, this policy lapses as a direct result of the Client’s breach of contract.
d) S.C.D.W.: (i.e.: Super C.D.W.) This policy finds the same application as the previous C.D.W. policy, limiting, however, the deductible and the minimum uncovered amount for each and every claim opened as a result of damage caused to the leased vehicle to 10% (ten percent) and € 1,500.00 (one thousand five hundred), respectively. This optional policy may be opted by the Client by affixing “YES” in the relevant choice box in the “INSURANCE” section of the “Leased Means” paragraph. If nothing is specified on that box or there is “NO” on the copy of the contract held by the Landlord, this policy is not active. The Customer who does not adhere to such a policy is obligated to indemnify in full, damage caused to the leased vehicle, induced damage as described in clause no. above. 11 – LUCRO CESSANTE, and any incidental expenses and/or charges. In case of failure of the Client to adhere to the said policy, the Client obliged to pay compensation for any damage, even if on its own initiative the Landlord subscribed to the activation of the same. This policy not applicable if the leased vehicle is a motorcycle. In addition, this policy lapses as a direct result of the Client’s breach of contract.
(e) T.P.: that is, the policy best known by the name “theft/fire” policy. This policy limits the economic liability of the Client, to the leased vehicle, for any theft of the vehicle or fire of the same. This agreement provides for a deductible equal to 20% (twenty percent) of the value of the car at the time of signing this contract (optional extras and moving parts excluded at the sole expense of the Customer to the extent of 100%), with a minimum overdraft of € 5,000.00 (five thousand). Any overdraft not compensated by the insurance that the Client declares to be aware of shall remain at all times and in full charge of the Client. This optional policy may be opted by the Client by affixing “YES” in the relevant choice box in the “INSURANCE” section of the “Leased Means” paragraph. If nothing is specified on this box or “NO” is affixed to it on the copy of the contract held by the Lessor, or in the event that the Client is not in possession of the keys or transponder of the leased vehicle, this policy shall not activate; therefore, the Client shall be obligated to indemnify in full, the discounted value of the leased vehicle, the induced damages as described in the preceding clause no. 11 – LUCRO CESSANTE, and any incidental expenses and/or charges. In case of failure of the Client to adhere to the said policy, the Client obliged to pay compensation for any damage, even if on its own initiative the Landlord subscribed to the activation of the same. In addition, this policy lapses as a direct result of the Client’s breach of contract.
f) S.T.P.: This policy finds the same application as the previous T.P. policy, however, limiting the deductible and minimum overdraft to 10% (ten percent) and € 2,500.00 (two thousand five hundred) respectively. Any overdraft not compensated by the insurance that the Client declares to be aware of shall remain at all times and in full charge of the Client. This optional policy may be opted by the Client by affixing “YES” in the relevant choice box in the “INSURANCE” section of the “Leased Means” paragraph. If nothing is specified on this box or “NO” is affixed to it on the copy of the contract held by the Lessor, or in the event that the Client is not in possession of the keys or transponder of the leased vehicle, this policy shall not activate; therefore, the Client shall be obligated to indemnify in full, the discounted value of the leased vehicle, the induced damages as described in the preceding clause no. 11 – LUCRO CESSANTE, and any incidental expenses and/or charges. In case of failure of the Client to adhere to the said policy, the Client obliged to pay compensation for any damage, even if on its own initiative the Landlord subscribed to the activation of the same. In addition, this policy lapses as a direct result of the Client’s breach of contract.
g) FAILURE – T. PREMIUM: WHEREAS, the Client indemnifies the Lessor and all Group companies, as well as employees and directors, from any liability for the accidental malfunction and/or failure, including due to road accident, of the leased vehicle; this policy shall assist the Client for any failure or malfunction of the leased vehicle including due to road accident. This optional policy may be opted by the Client by affixing “YES” in the relevant choice box in the “INSURANCE” section of the “Leased Means” paragraph. If nothing is specified on that box or “NO” is affixed to it on the copy of the contract held by the Landlord, this policy is inactive. The Customer declares that he/she is fully acquainted with this optional policy, and (upon signing) will be able to take advantage of it, within the limits set by said policy. This policy not applicable if the leased vehicle is a motorcycle. In addition, this policy lapses as a direct result of the Client’s breach of contract. Should the Client enjoy the services offered by t ali policies mentioned above without having specifically subscribed to them in the car rental contract, and thus paid the relevant premiums; he/she shall reimburse the Lessor (or whoever) for all expenses incurred due to the breakdown that occurred with the addition of a penalty of €1,500.00 (one thousand five hundred/00) excluding VAT.
33. N.C.C. Service.
The rental service with driver (N.C.C.) marketed by the Lessor indirectly through collaboration with professionals or third companies, therefore any disputes arising from the rental service with driver are to be debated with the driver who materially performs the service, fully indemnifying the Lessor. The Client declares that he/she is aware and accepts that the Driver has the obligation and the right to change the established itinerary (even at the expense of the Client’s punctuality) or to definitively and prematurely terminate the service (for which he/she has signed this contract) in the event of illness, in the event that a dangerous situation arises for him/herself or for the persons transported, in the event that he/she is civilly and morally obligated to render aid to third parties (even on accidents in which he/she was not involved) or in the event that he/she is requested by the Police.
Should any of the above situations occur or in a fortuitous event, it shall be the care but not the obligation of the Landlord, to attempt to procure for the Client an alternative to the discontinued service, however, the Client shall not be reimbursed any amount. The Customer aware that the Driver not required to perform tasks other than that for which provided by law the rental service with driver. Finally, the Client aware that waiting by the Driver expected only during the work period described above, it will be full autonomy of the Driver to determine the manner and terms of its application. After the aforementioned service hours have ended, the Driver has the option to end the service, and return to his garage, without the obligation to notify the Customer.
34. Language of draftingThe text of this contract has been drawn up in the Italian language, so it prevails over any redactions and/or translations using languages other than Italian, as it expresses the exact will of the parties. Overseas Customers declare that they understand all the clauses and conditions of this contract, supported by the relevant explanations of the Landlord or its representative in the native language of the Customer or in the English language. A true copy of this contract perennially available free of charge and posted by the Landlord on its website at www.prestige-international.net. It is the Customer’s right to request, in advance of using the service, a copy of the contract drafted in English as the international language.
35. Variations and contract validityNo changes may be made to these clauses and contractual conditions, without the prior written consent of the Lessor in the person of the Legal Representative The Lessor may grant, at its sole discretion, changes or additions to the contract. Such variations are valid if explicitly mentioned in the “Supplementary Notes” section or if reported by due supplementary document of this contract. In the event of differences between the originals (whether the contract or any document supplementing it) held by the Lessor or by third parties including the Client, the parties agree to recognize the copy held by the Lessor as the only valid original in court.
36. DisputesThis contract, all annexes that are an integral part of it, including insurance policies, are governed by the laws of the State of Italy. All disputes arising in connection with the validity, interpretation, execution or termination of this contract shall be referred: first to the Arbitration Chamber of BARI, and if the dispute cannot be resolved, secondly to the exclusive jurisdiction of the Court of Bari. For anything not expressly mentioned, Italian law will apply. This contract to be considered valid in its entirety, even after any cancellation of one or more of its clauses. In the event of multiple copies of this contract and supplementary annexes, the parties agree to consider the only originals that will be authentic at trial (or out of court), the one held by Mancini Rent S.r.l.
37. Processing of acquired data
Pursuant to Art. n. 13 L.D. no. 196 of 30/06/2003 concerning the processing of common and sensitive personal data, the Client, the Guarantor, any additional driver and in any case any natural or legal person surveyed by the Lessor as a result of the signing of this contract (hereinafter referred to as “surveyed”) gives its consent to the Lessor so that the latter may use all its acquired data, including any audiovisual material, for the following purposes: for paper and/or electronic storage through the use of computerized means, for promotional or advertising purposes, for the establishment and execution of obligations arising from the signing of this contract and the annexes that are an integral part of it and for the fulfillment of related regulatory obligations and for which any failure to consent would not allow the establishment of the contractual relationship, for any purposes related to the protection of credit, for any other function related to the signing of this contract.
The Censor authorizes the Landlord to provide its data to: Police Forces, Or dine Forces, Authorities, Companies related to the Landlord, Partner Companies of the Landlord, Insurance Companies, Consulting Companies, Companies entities or consortia engaged in the business of credit protection. The Census Holder declares that he or she is aware of his or her right to: query the Landlord on the archiving status of his or her data, request its blocking, modification, supplementation, or in extreme cases its definitive deletion. In the latter case, the Landlord may not initiate any contractual relationship with the Client. Pursuant to the same article above, the Census Holder authorizes the Lessor to acquire any data inherent in satellite (and non-satellite) surveillance (video/audio -surveillance) of the leased vehicle and all related and connected information derived therefrom, being aware that such surveillance will always remain active on the leased vehicle.
If the Respondent wishes, he/she may restrict the Landlord on the use of his/her personal, common and sensitive data, describing such restrictions in the “Supplementary Notes” section of this contract. However, even in the case of a request for deletion by the Censor (whoever he or she may be), the acquired data can be permanently deleted only after any closure of the relationship created between the parties. Data of the Respondent who, even indirectly or against his or her will, is found to be involved in a relationship with the Landlord (e.g., descriptive but not limiting: for the recovery of the Landlord’s claims against the Respondent, in case of ongoing judicial or extrajudicial legal actions, etc. etc.) cannot be deleted.