The rental of vehicles by the company Noleggiare S.r.l. or its affiliates or agents (hereinafter, the “Rental Company”) is governed by these general rental conditions (hereinafter, the “General Conditions of Rental”), including the Data Protection Policy, the rental letter (hereinafter, the “Rental Letter” or the “Contract”) signed by the customer (hereinafter, the “Customer” or the “Renter”) at the time of the rental of a vehicle (hereinafter, the “Vehicle”), of the Fee Schedule that is in force at the time of the signing of the Rental Letter (published online on the website www.noleggiare.it) and the Damage Policy. The Customer hereby declares he/she has seen all of the above-mentioned documents (hereinafter, jointly, the “Contractual Documentation”) and is fully and completely aware of the content thereof.
In signing the Rental Letter, the Customer confirms he/she is aware of and accepts the General Conditions of Rental and specifically approves the following articles: Art. 2 (Procedures and times for the booking and payment of the rental), Art. 5 (Circulation of the Vehicle and conditions of use), Art. 6 (Handover and return of the Vehicle), Art. 7 (Customer’s liabilities), Art. 8 (Contract for and/or on behalf of third parties and joint and several liability, Art. 10 (Charges), Art. 11 (Use of satellite devices), Art. 12 (Termination clause), Art. 14. (Contractual amendments), Art. 15 (Governing Law and Jurisdiction), Art. 16 (Translation), Art. 17 (Interpretation), Art. 18 (Address for service and correspondence).
The customer, by signing the rental agreement, declares to have read and accepted the rental general conditions and to have approved the following articles: Art. 2 (Procedures and time of booking and rental payment), Art. 5 (Circulation of the Vehicle and conditions of use), Art. 6 (Vehicle pick-up and drop-off), Art. 7 (Customer Responsibilities), Art. 8 (Agreement on behalf of and / or for third party and jointly and severally liable) Art. 10 (Charges), Art. 11 (Use of satellite devices), Art. 12 (Termination clause), Art. 14. (Contractual changes), Art. 15 (Applicable law and exclusive court), Art. 16 (Translation), Art. 17 (Interpretation), Art. 18 (Domicile and communications).
General Conditions of Rental
Art. 1 Driving a vehicle and access to rental.
The Customer, in his/her capacity as the holder of the Rental Contract, as well as any driver authorised to drive the vehicle identified in the Rental Letter, shall comply with the identification and qualification formalities required by the Rental Company, by providing a valid identity document so that a copy may be made of this. Each driver of the Vehicle undertakes not to provide false information regarding their personal details, age, address of residence or domicile, telephone number and email address, and with regard to all the legal requirements entitling them to drive.
The Customer and every authorised driver must have turned at least 19 on their last birthday and must have a valid driving licence in an EU/EFTA Country which enables them to drive the type of vehicle that has been rented. The driving licence must have been issued for at least 12 months and must be displayed, so that a copy can be taken. Customers who are resident in a non-EU foreign country must have the driving licence of their country of origin as well as a driving licence that is valid for international use, or one which is translated by an embassy or an equivalent authority, and legible in Latin characters. For people under 25 years of age and people over 75 years of age, access to rental is permitted with the application of a daily supplementary charge in relation to specific categories of vehicles identified by the Rental Company on the basis of age groups. This supplementary charge will be applied at the level specified in Noleggiare’s Fee Schedule.
For the rental of a Vehicle a Credit Card will be required, which is necessary for the deposit. For more details on accepted credit cards please refer to the Fee Schedule published on the website www.noleggiare.it. In the event of a deposit being provided and/or a payment being made through a credit card made out to a party other than the Original Customer, an additional signature will be required on the Rental Letter by the holder of the credit card who will become the new holder of the rental contract and the lead driver. The Original Customer will be identified as the second driver. In any case, the Rental Company has the right to refuse to conclude the rental Contract at its own unchallengeable discretion, and will not be required to provide any justification to the Renter.
Art. 2 Procedures and times for the booking and payment of the rental).
The rental may be paid for using all the main credit cards, debit cards, cash cards, in cash or through other payment methods agreed in advance in writing with the Rental Company. Except in the event of rentals being made with a “Prepaid” or online “Payment Card” (“Pay now” option) payment method, the balance of the rental fee must be paid before the expiry of the deadline for the return of the Vehicle.
Bookings are only accepted on the basis of a Vehicle category and preferences in terms of models are conditional to the Rental Company’s availability and cannot be guaranteed at the time of booking.
In the event of the Vehicle that was booked not being available, the Rental Company reserves the right to replace it with another corresponding or superior category; in the event of the latter also being unavailable, the replacement will be made with a vehicle from an inferior category with the resulting recalculation of the fee. In the event of Vehicles being completely unavailable, or in the event of the Customer’s refusal to accept a Vehicle of a different category to the one that was booked, the Rental Company will only be required to reimburse any sums paid prior to that moment by the Customer for the rental of the car. The reimbursement will be made by re-crediting the sum paid by Customer on the card used for the payment.
Any variations requested by the Customer regarding rentals booked on the website www.noleggiare.it or through Noleggiare’s Booking Centre / rental stations, are subject to availability and must be agreed in advance with the Rental Company. Extension requests involving retention of the same vehicle for a period exceeding 30 days are not admissible.
Bookings made on the Rental Company’s website (www.noleggiare.it), which use the special rate with the “Pay now” payment method require full payment of the entire rental cost on the payment card specified by the Customer at the time of the booking. Customers may cancel a booking of this type without incurring any additional charge up to 48 hours before the agreed collection date for the vehicle. To receive a reimbursement, the Customer can contact Noleggiare’s Customer Service through the specific channels and instruments (for more details please refer to www.noleggiare.it/it/contatti/ ). Sums paid online for rentals will not be reimbursable in the event of booking cancellations being made less than 48 hours prior to the agreed collection time, or in the case of a booking with collection time in the 48 hours following the request, or in the event of a “no show” (failure by the Customer to collect a vehicle at the agreed pick-up date/time), or in the event of access requirements for rental not being satisfied. Alternatively, the option “Payment at desk” (“Pay on collection”) can be selected, which is available on the Rental Company’s website (www.noleggiare.it).
Noleggiare undertakes to honour bookings that are accepted if customers arrive at the desk at the confirmed date and time, with a maximum tolerance of 1 hour. In the event of a customer arriving beyond the agreed period of tolerance, Noleggiare will no longer be required to deliver the vehicle. In the event of a vehicle pick-up outside office hours, which are published for all rental stations on the website www.noleggiare.it, the “Out Of Hours” service shall apply, in accordance with the terms of Noleggiare’s Fee Schedule. The “Out Of Hours” service may also be applied for returns made outside officers in stations that do not offer the “Key-Box” service. The “Out of Hours” service is subject to confirmation and may be requested by directly contacting Noleggiare’s Booking Centre.
When a booking is confirmed, the Customer undertakes to present his/her credit card when signing the Contract with the Rental Company, who shall proceed with the respective pre-authorisation process for the deposit in accordance with the criteria set forth in Noleggiare’s Fee Schedule (for more details please refer to the online section “Security deposits” on the website,www.noleggiare.it/it/informazioni-sui-depositi-cauzionali/ ).
The purchase of any ancillary product or service is optional and shall take place at the discretion and choice of the Customer. The prices and characteristics of the extra services offered by the Rental Company can be seen in the Fee Schedule published on the website www.noleggiare.it.
With the signing of the Rental Letter, the Customer also authorises the Rental Company to charge on the credit card presented for the deposit/as a guarantee for the rental any sums corresponding to applicable additional rental fees (e.g. additional mileage, extra days, etc), damage that is identified at the time of the return, excess, penalties and any expenses that are identified after the return of the Vehicle (e.g. service for the management and the re-notification of fines, motorway tolls, management expenses for accidents and/or damage to the Vehicle, etc). The Rental Company shall have the right to request from the Customer a different deposit other than a credit card or request that a deposit is supplemented with another guarantee. Any additional deposit, that is not used towards the Customer’s rental fees and which shall not accrue any type of interest, will be returned upon termination of the rental for any reason, after deducting any amount owed by the Customer to the Rental Company.
All rentals beginning in Italian airports shall include a supplement for Airport Charges, that are set by airport authorities for every rental. These are obligatory charges made by all commercial businesses operating within airport areas and cannot be declined.
Art. 3 Vehicle civil liability insurance ( R.C.A.)
Each Vehicle is covered by a civil liability insurance policy in accordance with the prevailing laws, which guarantees civil liability insurance coverage towards third parties, including people, objects (excluding those being transported) and animals. Persons being transported on the Rental Company’s Vehicle are deemed to be third parties.
In the event of an accident, the Customer and the counterpart will be required to fill out an accident report form (C.A.I.) that can be found in the Vehicle and must deliver the form to the Rental Company’s nearest agency office (hereinafter the “Agency”) within 24 hours of the event, or deliver the form at the time of the return of the Vehicle if this occurs within the above-mentioned deadline of 24 hours from the event. The accident report form must be filled in completely in order to clarify beyond any doubt the circumstances of the event. If no accident has occurred, in order to enable the Rental Company to protect its rights against fraud or unfounded requests, at the time of the return of the Vehicle, the Customer shall nevertheless be required to expressly state in writing that he/she was not involved in or did not cause any event.
Art. 4 Refuelling.
Customers are required to return Vehicles with the same quantity of fuel that was available at the time of the start of the rental, unless the “Prepaid Full Tank” option was purchased. Alternatively, if the Customer does not refuel the Vehicle, the Rental Company shall charge the Customer the cost of the refuelling service specified in Noleggiare’s Fee Schedule and the cost of the missing fuel, calculated at the price specified in the Rental Letter.
Art. 5 Circulation of the Vehicle and conditions of use.
The Customer undertakes to look after and use the Vehicle with the utmost care and diligence, in accordance with the permitted use and characteristics specified in the registration certificate and in accordance with the limits established by the law, and also undertakes:
(I) not to sublet or rent the Vehicle;
(II) not to allow anyone other than the authorised persons in the Rental Letter to drive the vehicle;
(III) not to carry out any repair work on the rented Vehicle without the Rental Company’s written authorisation;
(IV) to immediately inform the Rental Company of any breakdowns or anomalies with the Vehicle, suspending any circulation of the vehicle and following the Rental Company’s instructions regarding the replacement or return of the Vehicle;
(V) to refuel the Vehicle using the correct fuel, and maintain the vehicle diligently;
(VI) not to drive the Vehicle under the influence of drugs, narcotics, alcohol or intoxicants or other substance that may reduce his/her soundness of mind and ability to react;
(VII) to look after the vehicle with the utmost diligence, using all available security devices, and shall avoid leaving in plain sight devices or objects of value within the passenger compartment and in general shall do everything that is necessary to ensure the utmost security of the asset owned by the Rental Company;
(VIII) only use the vehicle in Italy and in the countries of the European Union, Switzerland or the United Kingdom after purchasing the “Cross Border Card” services, without prejudice to the express written authorisation of the Rental Company. To this end, the “Green Card” (international insurance certificate), delivered along with the vehicle documents, does not constitute an authorisation, and is only part of the vehicle documents. In the event of the Vehicle being used by the Customer in countries where the latter has undertaken not to use it, the insurance coverage and the agreements on the limitation and exclusion of the Customer’s liability shall no longer apply and any cost sustained by the Rental Company because of this failure to respect the above undertaking shall be borne by the Customer (including any costs for the vehicle downtime or repatriation), who shall indemnify the Rental Company for all amounts payable as well as the penalty for “Unauthorised use abroad” as set forth in Noleggiare’s Fee Schedule.
(IX) not to use the Vehicle for transporting smuggled goods, explosive or polluting material, or any other transportation in breach of laws or regulations;
(X) not to use the Vehicle for competitions of any kind, sporting or otherwise, or for testing courses, including racing circuits, or for giving driving lessons or practising driving;
(XI) not to use the Vehicle on uneven roads or roads that are unsuitable for the Vehicle’s technical characteristics;
(XII) not to use the Vehicle to push or tow another vehicle or trailer;
(XIII) not to use the Vehicle for any other use in breach of laws or regulations, even if these are not expressly referred to in this Article 5;
(XIV) to promptly inform the Rental Company of any report that is issued to the Renter by any authority with regard to the Vehicle during the rental period. The Rental Company reserves the right to take back the Vehicle in any place and at any time in the event of a breach of the regulations in this Article 5;
(XV) not to transport animals, substances and any other things which, as a result of their condition/smell may cause damage to the Vehicle. In the event of the Vehicle requiring extraordinary cleaning, the respective sum will be charged to the Customer;
(XVI) not to use the vehicle for transport, on a fee paying basis, of people or things, except where commercial vehicles are concerned;
(XVII) not to smoke and not to allow others to smoke inside the vehicle.
Art. 6 Handover and return of the Vehicle.
The Rental Company shall hand the Vehicle over to the Renter, along with all legally required components and all the necessary documentation for its circulation. With the handover of the Vehicle, the Renter acknowledges that the Vehicle and its equipment, components and all accessories provided to him/her by the Rental Company are in verified conditions of mechanical operation, in a good general state and suitable for the agreed use.
The Renter undertakes to return the Vehicle, along with its accessories and documents, free of objects or goods, in accordance with the times and places detailed in the Rental Letter, in the same conditions in which it was delivered to him/her, including in terms of cleanliness, without prejudice to a level of wear and tear that is proportionate to the duration of the rental and the respective mileage. Upon the return of the Vehicle, the Rental Company shall verify in the presence of the Renter, the state of the Vehicle, ascertaining and signing any discrepancies compared to that which is specified in the Rental Letter at the time of the handover. In the event of this verification not taking place jointly, the Customer hereby expressly authorises the Rental Company to charge any damages that are identified on the Vehicle even after the time of its return. In this regard, the Vehicle must be returned during the opening hours of the Agency where the handover took place or, at the request of the Customer, at another one of the Rental Company’s Agencies. If a Vehicle is returned outside the opening hours of an Agency, the rental will be deemed to have finished at the time the latter reopens – as long as the Vehicle was actually received by the Agency – for the purposes of establishing the rental fee, and the responsibilities connected with possession of the Vehicle itself (including but not limited to, in relation to damage of any nature, theft and/or total or partial fire, failure to refuel, etc).
If the Vehicle is not returned in the place at and at the time established in the Rental Letter (i.e. within 59 minutes of the deadlines established for its return), the Customer undertakes to pay, by way of a penalty, a sum equal to the “Standard Fee” per day for the rental of the Vehicle (please refer to the online section “Fee Schedule” on the website www.noleggiare.it) for every day’s delay until the actual return, without prejudice in any case to any greater damages, unless a written authorisation was provided by the Rental Company for the continuation of the rental. In such cases, until the expiry of the authorised period, the previously agreed fee will be payable; at the end of this period, the penalty described above will be applicable. For fees subject to time limitations (e.g. weekends, holidays, promotions), once the period of tolerance has elapsed, these fees will be forfeited and the entire rental will be charged at the “Standard Fee” per day of rental. If a Vehicle is not returned in the place specified in the Rental Letter, and is instead returned in another one of the Rental Company’s Agencies, the fees set forth for “One Way” rentals shall apply. In any case, the Customer undertakes to pay by way of penalty the sum specified in Noleggiare’s Fee Schedule and shown in box C) of the Rental Letter.
In the event of a breakdown or a simple request being made by the Rental Company, the Vehicle must be returned by the Customer to any of the Rental Company’s Agencies to enable the Rental Company to replace the Vehicle based on availability, without any charges for the Rental Company and without prejudice to its right, at its own unchallengeable discretion, to not provide a replacement Vehicle in the event of insolvency, theft, fire, negligence or a serious accident involving the rented Vehicle. Replacements will normally be made with Vehicles of the same category; in the event of a Vehicle of the same category being unavailable, the Customer may be provided with a Vehicle from an inferior or superior category, with the applications of the respective discounts and surcharges in accordance with the procedures detailed in Noleggiare’s Fee Schedule. The replacement of the Vehicle is included in the rental fee except in cases of breakdowns that are due to the actions of the Customer or the latter’s intent or negligence.
In the event of the Customer failing to return the Vehicle’s documents and/or number plate, the Customer undertakes to pay, way of a penalty, the sum specified in box B) of the Rental Letter, without prejudice to the compensation of any additional expenses and damages. In the event of the Customer failing to return the Vehicle’s keys, for whatever reason, the Customer will be required to pay, by way of a penalty, the sum specified in box B) of the Rental Letter, without prejudice to the compensation of any additional damages. In the event of the Customer failing to return or the Customer damaging the Vehicle’s standard and additional accessories for whatever reason, the Customer will be required to pay, by way of a penalty, the sum specified in Noleggiare’s Fee Schedule and/or in box B) of the Rental Letter, without prejudice to any additional damages.
Any claim or demand to the Rental Company in relation to the rental may be presented by the Customer no later than the final deadline of 10 days from the Vehicle return date and/or the closing of the Rental Letter. Therefore, the Customer hereby waives any requests for reimbursement and/or compensation beyond said deadline.
The Customer undertakes to return the vehicle as soon as he/she is requested to do so by the Rental Company. In the event of the return of not being made, the Rental Company has the right to recover possession of the vehicle by any means, even against the will of the Customer and entirely at the expense of the latter.
In the event of the Vehicle being returned before the return date/time specified in the Rental Letter no reimbursements will be payable for any unused days and hours of the rental.
Art. 7 Customer’s liabilities.
The Customer shall be responsible for any damage, theft or fires to the Vehicle, and for fines and/or any other charges resulting from breaches of the highway code or other legal or regulatory provisions, tolls, parking charges and in general sums connected to the use of the Vehicle during the rental period and undertakes to reimburse any sums that are paid by the Rental Company for said purposes, including necessary postal and administrative charges for a reimbursement request.
The Customer hereby authorises the Rental Company to also charge the management costs for any administrative procedure connected to said requests and the fees for the management and re-notification of reports. In any case, the Customer’s right to demonstrate that the above-mentioned non-performances and/or damages to the vehicle were the result of causes not attributable to him/her remains unprejudiced. However, this clause does not invert the burden of proof nor does it exclude the possibility to present objections in accordance with the law.
Noleggiare’s Policy for the management of damage is explained in detail online in the section “Management of Damage”(www.noleggiare.it/it/gestione-danni/ ). The Rental Company reserves the right to not repair damage caused to a Vehicle immediately where the damage caused by the Customer does not hinder its functioning. The value of the Vehicle will be determined in accordance with the listing specified in the magazine Quattroruote at the time of the event, unless this occurs in the first six months since the Vehicle’s registration, whereby the listing for a new vehicle will apply. The Customer’s shall also be liable for the cost of repairs, the loss in value of the Vehicle, lost rental income quantified on the basis of the criteria described in Article 6 for a failure to return the vehicle in accordance with the agreed terms, the tow truck and deposit costs and the administrative costs sustained for the management of any event or claim deriving from the damage caused to the Vehicle or by the accident, that will be charged to the Customer in accordance with Noleggiare’s Fee Schedule.
For any problem or breakdown, the Customer is required to contact the Roadside Assistance Service by exclusively calling the telephone number specified in the Rental Letter. The Tow Truck Service (both for towing and roadside repairs) shall be borne by the Customer, in accordance with the terms of Noleggiare’s Fee Schedule, unless the “Road Assistance” and “Road Assistance Plus” services have been purchased.
The excess specified in the Rental Letter shall be borne entirely by the Customer, unless he/she signs up for one of the limitation/exclusion services, which can be seen in the Fee Schedule published on the website www.noleggiare.it. In any case, the insurance coverage will not be valid towards the Customer and nor shall any limitations of liability, including those agreed conventionally, in the event of wilful misconduct or serious negligence by the Customer, including drink-driving or driving in breach of the Highway code or other laws and regulations. The insurance coverage and the limitations or exclusions of liability shall also be excluded in the event of damages caused voluntarily to the Vehicle by the Customer, or as a result of neglect, and damage relating to the Vehicle’s interiors (including the dashboard, airbag, seat belts, touch screen display, etc), to the roof and the camber of vans, damage caused by a lack of awareness of the height of the vehicle and objects protruding from or above the roof, damage caused to the clutch kit, due to engine overspeed, damage deriving from incorrect refuelling, theft of tyres and/or wheel hubs, the breakage of components due to unauthorised circulation on uneven roads, and damage caused by a failure to comply with the provisions on the Circulation of the Vehicle and Conditions of Use in Article 5 above.
In the event of theft and the subsequent finding of the Vehicle, the compensation due from the Customer to the Rental Company will be determined by applying the “Standard Fee” for the daily rental until the date of the release and return of the Vehicle, up to the limits of the applicable insurance charges and without prejudice, in any case, to the compensation of damage to the Vehicle. In all cases of theft or fire, total or partial, or acts of vandalism, the Customer is required to immediately make a report to the competent authorities, and shall deliver a copy thereof within 48 hours of the report being issued, along with the keys for the Vehicle, to the nearest Agency of the Rental Company and shall collaborate actively with the latter in the management of the judicial proceeding. In the event of the complete theft, the Customer shall always be required to compensate the Rental Company for the sum corresponding to a full tank of petrol. In the event of partial theft, the Customer shall be required to compensate the Rental Company up to the maximum value of the Theft Excess specified in the Rental Letter.
In the event of the rented Vehicle being involved in or causing an accident, even if the Vehicle does not sustain any damage, the Customer is required to notify the nearest Agency of the Rental Company within 24 hours of the event, and shall fill in and send the accident report form, under penalty of the invalidity of any insurance coverage or limitation of liability that is conventionally agreed with the Customer. In the event of the non-performance of the reporting and communication obligations set forth in the previous paragraphs, all limitations and/exclusions of liability for damage, theft or fire, total or partial, set forth in favour of the Customer, shall cease to apply, and the latter shall also be liable for the damage sustained by the Rental Company in relation to the omitted or delayed communication. In the event of the customer producing an accident report form that is duly signed by both parties in relation to an accident, with the clear acceptance of responsibility for the accident by the counterpart alone, the excess in the Rental Letter shall not be charged to the Customer.
Because of the resulting increased insurance costs, in the event of the customer causing or being partially responsible for an accident, the forfeitary penalty charge specified in Noleggiare’s Fee Schedule will be payable, without prejudice to any greater damage, even in the event of the incorrect or omitted filling in of the documentation necessary for the management of the accident itself. The penalty in question (excess for accidents caused by the Customer or for which the latter is partially responsible) shall also be applied in the event of the purchase by the Customer of the limitation/exclusion of liability services. At the time of the accident the Customer shall be responsible for obtaining elements of proof necessary for correctly identifying responsibility for the event. To this end, he/she shall:
(I) fill in the accident report form or, alternatively, request the intervention of the competent authorities (Polizia Stradale, Carabinieri or Vigili Urbani) so that the latter may prepare a report;
(II) collect the names and addresses of witnesses who are present;
(III) if requested, even at a later date, cooperate with the Rental Company in the management of any lawsuits initiated as a result of the accident;
(IV) not leave the Vehicle unsupervised and without suitable protections.
The Customer undertakes to ensure the ordinary maintenance of the Vehicle and carry out controls and, if necessary, top of the levels of all lubricants, oil in the brakes and shall check the tyre pressure.
In the event of the confiscation or administrative seizure of the Vehicle, over and above the agreed rental fee, the Customer undertakes to pay to the Rental Company a sum equal to the “Standard Fee” for the daily rental until the date of the release or return of the Vehicle.
Art. 8 Contract for and/or on behalf of of third parties and joint and several liability.
Anyone who draws up the rental contact for and/or on behalf of of a third party shall be jointly and severally liable with said third party for the full compliance of all obligations contained in the rental contract, without the benefit of prior enforcement; the Customer who signs the rental contract shall in any case be answerable for all facts, actions or omissions attributable to the driver of the vehicle. All additional authorised customers and/or drivers as well as the holders of the card used for payment shall be jointly and severally liable for all obligations of the holder of the rental contract deriving from the contract and from all applicable laws.
Art. 9 Force majeure.
None of the parties will be responsible for their respective performance in relation to the obligations set forth in this contract if they are able to demonstrate that:
(I) the non-performance was caused by an event beyond their control;
(II) it was not reasonable to expect, at the time of the conclusion of the Contract, that they should have considered the possibility of said event occurring and its effects on their ability to perform their obligations;
(III) it was not reasonably possible to avoid or remedy said event or its effects.
Art. 10 Charges.
The Customer is required to pay to the Rental Company:
(I) the rental fee, calculated in accordance with the criteria defined in Noleggiare’s Fee Schedule and published on the website www.noleggiare.it and in the policy documents in Noleggiare’s Agencies, and those defined within the scope of agreements with any Tour Operators. In the event of rentals concluded through Tour Operators and/or prepaid rentals, the Customer shall remain jointly and severally liable with the latter towards the Rental Company for the payment of the sums due on the basis of the rental agreement;
(II) the reimbursement of expenses borne for the collection of a Vehicle that is not returned in the agreed place for whatever reason;
(III) the value of any fines charged to the Customer and/or to the Rental Company because of infringements of the highway code or other applicable regulations, committed by the Customer during the rental of the Vehicle;
(IV) any other sum that is due on the basis of that which is set forth in the previous articles (including, by way of example but not of limitation: refuelling service, One Way service, replacements, out of hours service, supplementary charges, penalties, compensation and indemnification, and any other difference deriving from the use of a service other than the one which was agreed). In general, charges for damage, missing fuel and extra days that are not requested in person by the Customer shall be notified within three working days from the Rental Company’s collection of the vehicle from the Renter (with the exclusion of hidden damage or any mechanical damage that is identified at a later date, which will be notified following their respective identification). With regard to a request for charges for damages, the Customer shall have 5 working days from the date on which the respective notification is sent to accept or challenge by email the sums requested as penalties. If no objection has been received within 5 working days of the notification of the charges the notified sum shall be collected. In the event of seriously damaged vehicles, the Customer will also be charged a sum for vehicle downtime calculated as the number of days based on a certified technical appraisal multiplied by the “Standard Fee” for the category of vehicle assigned to the Customer for the rental (see the online “Fee Schedule” section on the website www.noleggiare.it).
In the event of the electronic and/or remote detection of highway code infringements, these will be sent to the Rental Company, who will then provide the details of the driver to the competent authorities. Fines cannot be paid through the Rental Company and shall be paid directly by the Customer to the local authorities who detected the infringement and issued the fine. The Rental Company Shall be responsible for notifying the details of the infringement to the Customer by email using the email address provided at the time the Rental Letter was drawn up.
Art. 11 Use of satellite devices.
The Customer and any user of the Vehicle is informed that – for reasons of security – certain vehicles may be located using GPS devices from third party supplier/s in order to protect the Rental Company from risks of theft or fraud. By way of example, the above mentioned devices may detect: the location of the vehicle with a respective cartographic map that can be used in the event of theft, robbery or unlawful appropriation ; details on speed and acceleration in the event of accidents; statistical details on distances. The managers of the Database/s in which said information is stored are specialist external companies, duly appointed as Data Processors by the Rental Company, whose details are available by contacting the Rental Company by email at the address [email protected].
The data in question are stored in the database/s for a maximum period of 10 years after the expiry of the rental contract, following which they will be automatically deleted.
The Rental Company reserves the right to communicate this data to the judicial authorities, insurance companies, law firms and specialist companies in the prevention and management of thefts and accidents and to use the content or allow the content to be used for any action to protect its rights.
For more details please refer to the online section www.noleggiare.it/en/privacy-policy/.
Art. 12 Termination clause.
A breach of the provisions in Articles 1, 2, 3, 4, 5, 6, 7 and 10 shall give the Rental Company the right to terminate the contract pursuant to article 1456 of the Italian civil code and to receive compensation of any additional damages.
Art. 13 Data Protection.
Pursuant to GDPR 679/2016 the Customer hereby declares he/she has read the policy on the processing of his/her personal data entrusted to the Controller Noleggiare S.r.l. for the requested service. He/she declares in particular that he/she was informed about:
For more details please refer to the online section www.noleggiare.it/en/privacy-policy/.
Art. 14 Contractual amendments.
No amendment can be made to these General Conditions without the authorisation of a representative of Rental Company vested with a suitable written power of attorney.
Art. 15 Governing Law and Exclusive jurisdiction.
The rental agreement in this Contract is governed by Italian law. The Court of Bergamo shall have exclusive jurisdiction over all disputes relating to the relations governed by the “Contractual Documentation”, without prejudice to the jurisdiction of the Consumer Court.
Art. 16 Translation.
In the event of doubts or differences of interpretation, the Italian language version shall prevail over the English or foreign language version, since the former expresses the exact intention of the parties. The text in English or in other languages, which is available for consultation at the request of the Customer, represents a mere literal translation.
Art. 17 Interpretation.
In the event of one of the provisions of the Contract being found to be invalid or unenforceable, entirely or in part, this shall be removed and the contract shall remain valid and enforceable in its remaining provisions.
Art. 18 Address for service and correspondence.
For all legal effects, for the purpose of the performance of this rental agreement, the Customer’s address for service shall be the address he/she communicated to the Rental Company in the rental letter. Unless specified otherwise, correspondence between the parties in relation to the contract shall take place using the email address provided by the customer.