GENERAL CONDITIONS OF VEHICLE RENTAL
1. SUBJECT
1.1 By this agreement DIFFERENTAL brand of ITA RENT Srl a socio unico, Piazza Maestri del Lavoro, 7 in Cernusco sul Naviglio (MI), hereinafter the Lessor, undertakes to let the Tenant, who accepts, enjoy the utility of the vehicles as described within the Order Form for a determined time and within the limits and under the conditions indicated within these General Rental Conditions.
1.2 The Tenant, by signing this agreement, represents and acknowledges that the vehicles received in execution of this agreement have been selected by him following an evaluation of his needs and have been deemed by him to be suitable for the use for which they are leased.
1.3 The Tenant, for all legal purposes, for the purpose of the performance of this agreement, declares that he/she elects domicile at the address indicated within the Order Form and the parties agree that mutual communications will take place at the stated e-mail address.
2. VEHICLES GRANTED FOR HIRE
2.1.The vehicles covered by this rental agreement with any accessories are described within the attached Order Form.
2.2 The Hirer is expressly forbidden to delete or change, in whole or in part, the Vehicles’ license plates, chassis numbers and documentation delivered therewith.
2.3 In case of unavailability of the booked Vehicle, the Lessor reserves the right to replace it with another of the corresponding or higher category; in case of unavailability of the latter as well, the replacement will take place with a vehicle of a lower category but with consequent recalculation of the rate. In the event of absolute unavailability to assign a Vehicle, or in the event of the Tenant’s opposition to accepting a Vehicle different from the booked category, the Landlord’s sole liability will be to refund the amount paid up to that time by the Tenant for the rental of the Vehicle. The refund will be made by re-crediting the amount paid by the Tenant to the card used for payment.
3. DELIVERY
3.1 Each vehicle shall be delivered to the Tenant in good condition, in working order, clean and accompanied by the documentation necessary for its use and the manufacturer’s use and maintenance booklet.
3.2 At the time of delivery, at the initiative of the Landlord, a report, signed by the Tenant, will be drawn up containing specific indication of any pre-existing damage or malfunctioning of the vehicle, possibly accompanied by photographic documentation proving the reality of what has been declared. By signing the delivery report, the Tenant explicitly accepts the vehicle in the stated state of affairs.
3.3 Delivery is guaranteed within two hours from the time indicated in the reservation.
3.4 At the end of the lease, the Tenant is obliged to return the vehicles in good condition, taking into account normal wear and tear due to their use, clean, equipped with license plates, keys and documents received and equipped with the amount of fuel with which they were equipped at the time of delivery. In the event of failure to redeliver with the amount of fuel present at the time of delivery, the Landlord shall be authorized to charge the Tenant for the cost of the missing fuel plus a refueling service charge as set forth in the Schedule of Rates.
3.5 The redelivery operations shall be recorded within the Redelivery Minutes completed by the parties and the contents thereof, signed for acceptance by the Tenant, shall be authentic as to the condition of the rented property. Any claim may be filed by the Tenant no later than 10 days after the return of the Vehicle.
3.6 After one hour from the time indicated for redelivery, the contract shall be deemed extended for an additional day with the application of the penalty for lack of notice as per the Rate Book.
3.7 Delivery and redelivery Vehicle may take place only during branch opening hours.
4. CONTRACT DURATION AND TERMINATION
4.1The duration of this rental agreement is indicated within the Order Form. Any early redelivery of the vehicles by the Tenant will, however, result in the Tenant’s obligation to pay the full rent relating to the entire period indicated in the Order Form. In case of redelivery later than indicated in the Order Form, the Tenant shall be obligated to pay the rent until the day on which the rented vehicles are returned to the Landlord’s depot or made available to the Landlord at the place indicated by the Landlord, without prejudice, however, to compensation for any greater damage suffered by the Landlord.
4.2 It is the right of the Tenant to request, by email sent at least 2 days before the expiration of the contract, the renewal of the same for a new period. In case of acceptance in writing by the Landlord, the contract will be extended under the same conditions for a period of equal duration. In case of failure to submit a request within the specified terms, the contract will be considered terminated without further formalities.
4.3 The parties agree that the Landlord shall have the right to terminate the vehicle lease agreement at any time pursuant to and for the purposes of 1373 c.c. subject to 15 days’ notice and without having to pay the Tenant anything, including compensation for damages.
4.4 In the event that sums are paid as an advance and then the cancellation of the rental contract reservation takes place, the Tenant shall not be entitled to the return of the same, which shall be acquired by the Landlord as a penalty.
5. LIMITATIONS ON USE OF VEHICLES
5.1 Vehicles rented may be used only by the driver indicated within the Order Form, unless explicitly agreed to have additional drivers within the Order Form. 5.2 The Driver, in connection with use, agrees to: – properly disclose his or her personal details, age, residence, and ownership of the legal requirements regarding fitness to drive; – take the vehicles into custody and store them with the utmost diligence and care; – drive hired vehicles with the utmost diligence and maintain them; – scrupulously follow the instructions contained within the documentation delivered by the Landlord which the Tenant, by signing this contract, declares to have received; – not to use the same for purposes other than those agreed upon and in any case for purposes contrary to the law; – not to drive the vehicles under the influence of drugs, narcotics, alcohol or intoxicants of any kind; – not to use the vehicles in races, competitions or speed trials; – not apply to the vehicles any additional accessories, of any kind, other than those delivered by the Lessor and indicated within this contract; – to comply with the rules contained within the Highway Code and any other local laws or regulations provided in relation to the use of the rented vehicles; – to refuel the Vehicle using the correct fuel, also by maintaining it diligently, checking the level of fluids and topping up where necessary; – to guard the Vehicle with the best diligence, activating every existing safety device, avoiding leaving in evidence devices or valuables inside the passenger compartment and, in general, doing everything necessary to ensurethe best security of the Lessor’s property; – to circulate the vehicle, other than in Italy, exclusively in countries of the European Union, Switzerland or the United Kingdom upon purchase of the “Cross Border Card” service, unless expressly authorized in writing by the Lessor. For this purpose, the “Green Card” (international certificate of insurance), delivered together with the documents accompanying the vehicle, does not constitute authorization in this sense, but completion of the documents. In the event of transit through countries where the Tenant has undertaken not to operate the Vehicle, the insurance coverages and covenants limiting and excluding its liability shall cease to be effective, and any costs the Landlord incurs as a result of the Tenant’s failure to comply with its undertaking shall remain at borne by the Tenant (including any costs of detention of the Vehicle or repatriation), who shall indemnify the Tenant for the amount due, in addition to the penalty for “Unauthorized Overseas Traffic” set forth in the Schedule of Rates; – not to use the Vehicle for the transportation of contraband, explosive material, polluting material or for any other transportation in violation of laws or regulations; – not to use the Vehicle on uneven roads or roads unsuitable for the technical characteristics of the Vehicle; – not to use the Vehicle to push or tow another motor vehicle or trailer; – not to transport animals, substances and anything else that, by reason of its condition/smell may result in damage to the Vehicle. In case of extraordinary cleaning of the Vehicle, the corresponding amount will be charged to the Driver; – not to smoke and not to allow passengers to smoke inside the Vehicle.
5.3 The Tenant is solely responsible for the consequences of violations of the law related to the circulation of the rented vehicle and undertakes to pay whatever is due by way of sanctions or charges of any nature arising therefrom, fully indemnifying the Lessor from any prejudicial consequences, direct or indirect.
5.4 The Tenant hereby authorizes the Landlord to also charge the cost of handling any administrative paperwork related to such requests and the service of handling and renotifying the minutes. This is without prejudice at all times and in all cases to the possibility for the Tenant to prove that the aforementioned defaults and/or damages to the vehicle were due to causes not attributable to him. 5.5 Unless otherwise expressly agreed within the Order Form, the Tenant is prohibited from sub-renting the vehicles to third parties.
6. PLACE OF USE OF VEHICLES
6.1 The vehicles will be used exclusively within the geographical area indicated within the Order Form. The Tenant shall have the right, upon written consent of the Landlord, to use the vehicles within an area other than that agreed upon.
6.2 The Tenant shall authorize the Landlord and its designees in advance to have access to the vehicles during the rental period upon simple request for reasons of checking the state of preservation and maintenance.
7. DRIVER’S LICENSE
7.1 Each driver of the Vehicle agrees not to provide false information with respect to his personal details, age, address of residence or domicile, telephone number and e-mail address, as well as about the possession of all the requirements of the Law for driving license.
7.2 The driver indicated by the Driver must be at least 19 years of age and possess a driving license valid in the country of delivery of the Vehicle. A surcharge will be applied to persons under 25 years of age as per the Schedule of Rates.
7.3 Drivers residing in a non-EU foreign country must possess a driver’s license from their home country and a driver’s license valid for international use, or translated by an embassy or equivalent authority, and legible in Latin characters.
8. OBLIGATIONS OF THE TENANT IN THE EVENT OF AN ACCIDENT
8.1 In the event of an accident, the Tenant undertakes to promptly inform the Landlord and to collect and send to the Landlord within 24 hours of the event the complete data of the other party, any witnesses and the Accident Friendly Statement provided with the other party. The accident friendly statement form must be duly completed in all its parts in order to make clear, and without a shadow of doubt, the dynamics of the event. In the event that no accident has occurred, in order to enable the Landlord to protect its rights against fraud or unfounded claims, the Driver must nevertheless, upon return of the Vehicle, explicitly (and in writing) declare that he has not suffered or caused any event.
8.2 In the event of an accident with injuries, the Driver undertakes to report the incident to the Police.
8.3 In case of an accident with fault a penalty will be charged as per the Rate Book.
8.4 The Driver agrees not to abandon the rented vehicle without having taken appropriate measures to protect it.
9. BREAKDOWNS, MALFUNCTIONS AND REPAIRS
9.1 In case of breakdown or malfunction of the vehicles being rented, repairs will be carried out by the Lessor; in case of breakdowns attributable to the Tenant, the cost will be charged to the latter. To facilitate this, the Tenant undertakes to contact service at the numbers indicated on the Contract. In any case, the Tenant may have repair, maintenance or modification work done on the vehicle only with the prior authorization of the Landlord.
In the event of a breakdown or simple request by the Lessor, the Vehicle shall be returned by the Tenant to any of the Lessor’s Agencies, which will arrange for its replacement subject to availability, at no charge to the Lessor and without prejudice to the Lessor’s right, in its sole discretion, not to grant a replacement Vehicle in the event of insolvency, theft, fire, negligence or serious accident of the rented Vehicle. Any replacement will be made, as a rule, with a Vehicle of the same category; in case of unavailability, a Vehicle of a lower or higher category may be delivered to the Driver, applying the reductions and surcharges provided for in accordance with the terms set forth in the Rate Book.
9.2 The Driver further undertakes to carry out at his own expense with ordinary diligence, the following maintenance operations, where necessary: (a) daily cleaning and functionality check; (b) complete washing at the end of the rental in case of return of the same with a level of dirt in excess of normal use; (c) checking the pressure and general condition of the tires; (d) replacement of tires damaged as a result of improper use of the vehicles; (e) replacement of keys in case of loss or breakage.
9.3 In connection with the activity referred to in the preceding points, the Tenant agrees as of now to accept requests for the immobilization of the vehicles, subject to the Landlord’s reasonable prior notice and with waiver of any compensation and/or recourse for any immobilization.
10. LIABILITY AND INSURANCE
10.1 In the event of carelessness, fault, negligence or inexperience in the use of the vehicle, its maintenance and also in the manner of refueling – including electric recharging – the Tenant shall be liable to the Landlord for damages attributable to it and shall be obliged to pay compensation. In any case, the Tenant undertakes, in case of damages of any nature, to inform the Landlord within 48 hours of the event.
10.2 The Landlord will directly provide insurance for the machinery against vehicle road risks (RCA).
10.3 Any additional insurance coverage in relation to damage to the rented vehicles or third parties will be agreed separately and reported within the Order Form. The Tenant agrees as of now to pay to the Landlord the costs related to the deductibles provided within the insurance policies of the rented vehicles without exception.
10.4 Neither party shall be liable for its failure to perform its obligations hereunder if it can prove that: (I) the default was caused by an event beyond its control; (II) it was not reasonable to expect it, at the time of the conclusion of the Contract, to take into consideration the possibility of the occurrence of such an event and its effect on its ability to perform; (III) it was not reasonably possible to avoid or remedy said event or at least its effects.
11. THEFT OF THE VEHICLE OR SERIOUS ACCIDENT
11.1 In case of theft, robbery, or fire, total or partial, of the vehicle, the Tenant shall be obliged to report the event to the competent authorities within 12 hours of the event (or from the time he became aware of it), transmit to the Landlord a copy of the theft report within 24 hours, and send the original to the Landlord by registered mail A.R. within 48 hours of the report being made. Thereafter, he/she shall return without delay the keys to the vehicle, including the Master key (if any) and the relevant cards required for duplication. The Tenant will be required to pay the Landlord the amount of the specific insurance deductible indicated within the Order Form.
11.2 The Tenant will still remain obligated to pay the rental fee for 30 days following the event. Once this period has elapsed, the contract will be considered terminated for all legal purposes
11.3 The Lessor reserves the right to terminate the contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code as a result of accidents or breakdowns for which the safety and suitability for use of the vehicle is precluded or the cost of repair is deemed uneconomic. The assessment of these aspects will be at the sole discretion of the Lessor, who may then decide not to proceed with the repair.
12. CORRESPECT
12.1 The Driver agrees to pay the vehicle rental fee due to the Lessor. The amount and method of payment are indicated within the Order Form.
12.2 Payment for the rental shall be made by major credit cards, debit cards, ATM cards or through other payment methods agreed upon in advance with the Lessor in writing. Except in the case of rental by “Prepaid” or “Payment Card” online payment method (“Pay Now” option), the balance of the rental fee shall be made by the due date of the scheduled return of the Vehicle.
12.3 In the event of late payment of the fee, the Tenant shall be obliged to pay interest pursuant to Legislative Decree 231/2002 except in any case the obligation to reimburse in favor of the Landlord for any greater damage.
12.4 Whoever enters into the rental agreement in the name and/or on behalf of a third party shall be jointly and severally liable with the third party for the full compliance with all the obligations contained in the rental agreement, without the benefit of prior enforcement; the Tenant who enters into the rental agreement shall be liable in any case for any fact, action or omission attributable to the driver of the motor vehicle. All customers and/or additional authorized drivers as well as credit card holders shall be jointly and severally liable for all obligations of the holder of the Order Form accessing the contract and the provisions of the laws applicable to the same.
12.5 With respect to a claim for damages, the Driver shall have 10 business days from the mailing of the notice to accept or dispute by email the amount claimed for penalties. If no dispute is received within 10 business days of the notice of charge, the amount notified will be collected.
13. SECURITY DEPOSIT.
13.1 As security for all obligations contained in this rental agreement the Tenant undertakes to pay to the Landlord a sum of money as a security deposit proportional to the value of the leased vehicles. Such non-interest-bearing sum shall be returned to the Tenant after the regular return of the leased property, the positive verification of its integrity and in any case not before the full performance of the obligations arising from this agreement. Therefore, the Tenant hereby consents as of now that the Landlord may dispose of the security deposit to secure, in whole or in part, credit positions for which at least 10 days have elapsed since the specified due date, including excess Km, damages, deductibles and additional rental days.
13.2 The amount of the sum delivered as security deposit and the method of delivery are indicated within the Order Form.
13.3 In the event of a security deposit and/or payment by credit card in the name of a person other than the Original Driver, the additional signature of the card holder within the Order Form will be required, who will become the new holder of the Rental Agreement and the first driver, while the Original Driver will be indicated as the second driver. This is without prejudice, in any case, to the Landlord’s right to refuse the conclusion of the Rental Agreement at its free and unquestionable discretion, without any obligation to give any reasons to the Tenant.
14. EXPRESS TERMINATION CLAUSE
14.1 Early termination of this contract may be invoked as of right by the Landlord in the event that the Tenant defaults on any of the obligations set forth in clauses 2.2, 5.2, 5.3, 6.1, 7.1, 9.2, 12.1 being each of them considered essential, or becomes insolvent, or otherwise significantly diminishes the guarantees on the basis of which this contract was concluded.
15. EXCEPTION OF DEFAULT
15.1 In the event of non-payment of the consideration on the due date by the Tenant, in the event that payments of fees are scheduled during the performance of the contract, the Landlord expressly reserves the right to suspend performance by sending its own appointee to the place of performance of the contract, authorized to block the functionality of the vehicles covered by the contract. The Tenant expressly grants, in advance, authorization to said appointee to access the vehicles owned by the Landlord.
16. CLAUSES, APPLICABLE LAW AND JURISDICTION
16.1. Should any of the provisions of this contract be held invalid or ineffective, in whole or in part, the same shall be disapplied and the contract shall remain valid and effective for the remaining provisions.
16.2 This contract shall be governed by Italian law.
16.3 Where the Tenant does not qualify as a “consumer” under Italian law, for any dispute arising on the execution or interpretation of this contract, the parties agree that the Court of Milan shall have exclusive jurisdiction.
17. PROCESSING OF PERSONAL DATA
Pursuant to Article 13 of the European Regulation No. 679 of 2016 (General Data Protection Regulation – GDPR), the Lessor informs that the data provided by reason of this lease will be processed in accordance with the provisions of the law. It should also be noted that the data provided and/or in any case pertaining to the Tenant will be used for: a. administrative, accounting and financial management of the obligations arising from the lease agreement; b. any credit recovery activities that may be necessary at the sole discretion of the Landlord. The Data Controller is the Landlord.
18. USE OF SATELLITE DEVICES.
The Tenant and any possible user of the Vehicle is informed that – for security reasons – some Vehicles may be tracked by GPS devices of third party provider(s) in order to protect the Lessor from the risks of theft or fraud. The aforementioned devices may detect, by way of example: location of the vehicle with related map map that can be used in case of theft, robbery or embezzlement; speed and acceleration data in case of claim detection; statistical data of mileage. The managers of the Database(s) where such information is stored are specialized external Companies, specifically appointed as Data Processors by the Lessor. The data under consideration are kept at the Databases for a maximum duration of 10 years after the expiration of the rental agreement, at the end of which they are automatically deleted. The Lessor reserves the right to disclose such data to Judicial Authorities, Insurance Companies, Law Firms and Companies specializing in the prevention and management of theft and claims and to use or have their contents used for any action for its own protection.
19. TRANSLATION
In case of doubts or differences in interpretation, the Italian language version prevails over the English or foreign language version, as the same expresses the exact will of the parties. The English or other language text, which can be consulted and is available, at the Tenant’s request, represents a mere literal translation.
