Rental General Conditions
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).
RENTAL GENERAL CONDITIONS
Art. 1 Vehicle driving and rental access.
Both the customer, and each person authorized to drive the vehicle identified by the Rental Agreement (hereinafter, the “vehicle”) must be identified and must obey to the qualification requirements asked by the Lessor, providing, in order to take copies, a valid passport or ID Card. Each driver of the vehicle will undertake in his turn to not provide false information concerning his generalities, age, residence address or domicile, telephone number, fax and email address, as well as about the possession of all the legal requirements for the entitlement to drive. Both the customer and each authorized driver must be aged between 19 and 75 years, as well as being in possession of a valid driving license of an EU / EFTA country, that enables the type of the vehicle rented, released at least 12 months before, which must be shown in order to take copies. If the customer has a driving license issued by a non-EU country, he will also need an international driving permit and a sworn translation of the driving license, necessary condition in case of driving license with characters different from the Latin characters and numbers different from the Arabic numbers (for example Cyrillic, Hebrew, Chinese, etc.). People younger than 25 are allowed to rent with the application of a daily supplement in relation to certain categories of vehicles identified by the Lessor according to age groups. This fee is applied to the extent indicated in the Noleggiare price list. For the rental of the vehicle is necessary to own a valid credit card. If paying by credit card owned by party other than the customer, the additional subscription by the different cardholder will be necessary. It is subject, in any case, the Lessor may refuse the conclusion of the rental at its own and sole discretion, without giving any reasons to the Lessee.
Art. 2 Procedures and time of booking and rental payment.
Check-out could be carried out with the main credit card, ATM or bank transfer. Except for the case of rental of the vehicle with “Prepaid” fare, for rentals shorter than 30 days, payment shall be settled on the deadline for the drop-off of the Vehicle. For rentals longer than 30 days, payment shall be settled every 30 days or, in the case of early drop-off of the Vehicle, together with the return. Bookings are accepted only in relation with the category of the vehicle that belongs to the one selected by the Customer; preferences in the models are conditional to the availability of the Lessor and can not be guaranteed at time of booking. In case of unavailability of the Vehicle booked, the Lessor reserves the right to substitute with another from the same category or higher; in case of unavailability of the latter two, it will be replaced with a medium of lower category, after recalculation of the fare. In case of absolute impossibility to assign a replacement vehicle, or if the customer is not willing to accept the lower category Vehicle proposed by the Lessor to replace the booked one, the Lessor has the duty to refund all of the up to then paid by the customer. Refund will take place by crediting the amount paid by the customer to the credit card chosen for the payment. Any changes requested by the Customer on a rental booked with “not prepaid” fare are subject to availability and must be agreed by telephone with the Lessor. Fare will be recalculated and a penalty of an amount equal to 50.00 € (VAT not included) will be applied, for changes made within 48 hours before the pick-up day indicated in the original booking. If the customer cancels the car reservation booked with “not prepaid” fare, will be charged a penalty equal to 10% of the rental cost booked and cancelled or 20% if the cancellation is made within 48 hours before the planned withdrawal. The Customer authorizes the Lessor to charge such amounts to his credit card at time of booking. Reservations booked on the Lessor’s website (www.noleggiare.it), that take advantage of the special fare “Prepaid Online” consisting in charging, at the time of booking, the entire rental cost to the credit card given by the customer. This cost, meant to be a co-signer security deposit, cannot be refunded, neither in case of cancellation nor in case of modification of the entries filled out by the customer at the time of booking (dates, name, type of vehicle, etc.), nor in case of early drop-off of the Vehicle. Alternatively, it’s possible to use the « pay on arrival » service even for bookings made on the Lessor’s website (www.noleggiare.it). Noleggiare commits to honor the accepted reservations when the customer arrives at the office on the confirmed day and time, with a maximum tolerance of 1 hour. If the customer arrives at the office beyond the expected tolerance, Noleggiare will no longer be responsible for the delivery of the vehicle. At the time of booking or at the time of signing the Contract, the Customer undertakes to submit its credit card to the Lessor who will maintain its charge as a deposit according to the criteria established in the Noleggiare price list (for more details see the Web page www.noleggiare.it/en/information-on-security-deposits). Whether the customer purchases a “Silver” Package, the amount of the deductible will be reduced by 70% for damages and total theft. “Silver” Package reduces the excess provided for the total damage and theft, but does not cover partial theft, attempted theft and damage to the roof, the underside of the vehicle, wheels, windows, interiors and vandalism. Whether the customer purchases a “Gold” Package, the amount of the deductible will not be charged. The “Gold Package” resets the excess provided for the total damage and theft and eliminates the excess for damage occurring to the parts of the vehicle not covered by the “Silver” Package. Excludes partial theft, attempted theft, damage to the underside of the vehicle, damage to the interior, damage to the roof and damage caused by vandalism, riots etc. Whether the customer purchases a “Platinum” Package, the amount of deductible will be eliminate for damages (including damage to the roof, to the underside of the vehicle and to the interior) and total theft (including partial theft and attempted theft) and the services “P.A.I.” (more details in Article 3) and “Road Assistance Plus” (more details in Article 7) will be included in the rental. In the event of a total theft occurred in Campania, Apulia and Lazio, the Customer is always liable to the Lessor for a maximum amount equal to what is referred to as the theft excesses on the rental agreement, even if he bought a “Silver” Package. In case of total theft occurred in Campania, Apulia or Lazio the theft charge fee is not totally eliminated but reduced by 30% in case of purchase of « Gold » package, or reduced by 60% in case of purchase of « Platinum » package. In addition, in the event of total theft, the Customer shall pay the Lessor the amount corresponding to the full amount of fuel. In general the purchase of each type of accessory product is optional and left to the discretion and voluntariness of the customer. Subscribed the contract, the customer allows the Lessor to charge to his credit card the amounts including the entire cost of the booking (eg.: extra km(s) and/or days, etc.), drop-off noticed damages, excesses, eventual expenses and damages that may be encountered after the return of the vehicle (eg.: bruising not recognized because the return was performed in the evening, processing fees, fines, tolls, etc.). It is the faculty of the Lessor to ask the customer a different store credit card or indicate another card as pledge. This additional deposit, which will not be counted in the client’s account fees and which will not produce any kind of interest, will be returned at the end of the lease, less than the debt the customer would pay to the Locator. All rental beginning in Italian airports are characterized by the supplement for Airport Charges imposed by the airport authorities for each rental. These are mandatory charges, made by any car rental, and cannot be declined.
Art. 3 RCA Insurance.
Each vehicle is covered by R.C.A. insurance under the existing laws, which guarantees insurance coverage for civil liability towards third parties with regard to persons, things (excluding those transported) and animals. The passenger of the Vehicle rented shall be treated as third. In the unfortunate case of accident, the customer have to fill up the C.A.I. model at his own disposal into the vehicle and send it to the nearest agency (hereinafter, the ‘’Agency”) of the Lessor within 24 hours after the event, or consign it together with the vehicle if it happens within 24 hours after the event. In the event that any accident has occurred, in order to allow the Lessor to protect his rights against fraud or unfounded claims, the customer must, however, explicitly state that they have suffered or caused any event, once returned the vehicle. The P.A.I. service, that the customer can buy in Noleggiare offices, guarantees the customer in case of injury, death or permanent invalidity. It refunds the driver in case of hurts and death for a maximum of € 100.000,00; refunds the hospital expenses until a stated maximum amount; provides a daily maximum allowance in case of recovery not more of 360 day and a stated daily maximum allowance in case of plastering arts. Daily allowances couldn’t be accumulated. In case of corpse repatriation, the maximum of the recognized refund is of an agreed amount. All refunds above could be supplied only in case of accident happened with the driver in the car, whereas all the passengers are covered by the Car Minimum Liability.
Art. 4 Refuelling.
The customer must return the vehicle with the same amount of fuel at the moment of the rental, unless he has purchased the “Prepaid Fuel” option as in the Noleggiare price list. Alternatively, in case of failure refuelling by the customer, the Lessor will charge the customer the cost of the “Refuelling Service” indicated in the Noleggiare price list and gallons/liters of missing fuel.
Art. 5 Circulation of the Vehicle and conditions of use.
The Customer undertakes to keep and to use the vehicle with the utmost care and diligence, in compliance with the use and characteristics indicated in the registration certificate and in accordance with the law, and: (i) not to sublet or rent the Vehicle; (ii) not to entrust the leadership of the vehicle to persons other than those authorized in the letter of rental; (Iii) not to carry out any repair work on the rented vehicle without the written consent of the Lessor; (iv) to immediately inform the Lessor of any vehicle breakdown or malfunctioning, to immediately stop driving it, and refer to the instructions of the Lessor whether to substitute or return the vehicle; (v) to refuel the vehicle using the correct fuel, also keeping it diligently, checking the level of liquids and performing, and where necessary, top-ups; (vi) not to drive the vehicle under the influence of drugs, narcotics, alcohol or intoxicant or any other substance which may limit the ability to understand and react; (vii) to guard the vehicle with the best of its ability, activating all of the security devices, avoiding to leave devices or belongings inside the car and in general doing everything is necessary to ensure the best safety of the goods owned by the Lessor; (viii) to circulate with the vehicle, as well as in Italy, exclusively in countries of the European Union, Switzerland or the United Kingdom with the purchase of the Cross Border Service. To this end, the “Green Card” (international insurance certificate), together with the vehicle documents, does not meant to be an authorization for doing so, but just a completion of documents; in case of travelling through countries where the customer is committed not to drive the vehicle, the insurance coverage and limiting agreements regarding exclusion of responsibility will no longer be effective and any costs the Lessor had to bear due to the not respecting agreement will be responsibility of the Client; (ix) not to use the vehicle for the transport of contraband goods, explosives, pollutant or any other transport in violation of laws or regulations; (x) not to use the vehicle for competitions of any kind, sporting or otherwise, or for track trials, even in racing circuits, or giving driving lessons or driving practice; (xi) not to use the vehicle on rough roads or unsuitable to the technical characteristics of the vehicle; (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 violation of laws or regulations, although not expressly referred to in the Article 5; (xiv) to promptly inform the Lessor of any eventual fees notified to the customer from any Authority with reference to the vehicle during the rental period. The Lessor reserves the right to repossess the vehicle any place and any time if the rules of the Article 5 will not be respected; (xv) to not transport animals, substances and anything else that, because of their condition/ smell can cause damage to the vehicle. In case of vehicle extra cleaning, the relative amount will be charged to the customer; (xvi) not to use the vehicle for transport under remuneration of people or goods, in the latter case, except for vans; (xvii) not to smoke and not to allow passengers to smoke inside the vehicle.
Art. 6 Vehicle pick-up and drop-off.
The Lessor delivers the vehicle to the customer, fully equipped and with all the documents necessary for the circulation. After the delivery of the Vehicle, the customer acknowledges that the same, with the whole gears, equipment and accessories delivered by the Lessor, is in good mechanically operating conditions, in a good general condition and in compliance with the stipulated use. The customer undertakes to drop-off the vehicle, together with its accessories and documents, free of things or personal belongings, in respect of the time and place indicated in the Rental Letter, in the same condition in which it was delivered, including cleaning, except the proportionate wear due to the rental duration and the mileage driven. At drop-off, the customer has the responsibility to check, together with the Lessor, the state of the vehicle, ensuring and signing any differences respect to what is stated in the rental letter at the time of delivery. If would not been verified jointly, the customer allows from this moment, the Lessor to charge him for any damages found on the vehicle even after delivery. In case of failure to return the vehicle within the time specified in the Rental Letter (ie 59 minutes late from the time previously set for delivery), the customer agrees to pay, as a penalty, a sum equal to the daily “Standard” fare of the vehicle (see the page “Standard rate” on the website www.noleggiare.it) for each day of delay up to delivery, except in any case the most damage, unless written authorization has been issued by the Lessor to extend the rental. In this case, will be charged the standard fare until the end of the extended period; after this date, the penalty described above will be charged again. For fare subject to time limits (eg. Weekend, holidays), spent the tolerance time, the promotion decay and will be charged the daily standard fare. In case of failure to return the vehicle in the place indicated in the Rental Letter, but at any other branch of the same Lessor, are applied “One Way” fares. The customer, however, undertakes to pay a penalty corresponding at the amount specified in the Noleggiare price list and reported in Box C) of the rental letter. The vehicle must be returned during the opening hours at the Agency, which has been picked up, or, at the request of the customer, at another agency of the same Lessor. In the case of delivery outside normal opening of the Agency, the rental is considered over soon after the agency re-opening – as long as the vehicle has been effectively taken over by the Agency – both for the purpose of determining the fare, that those the liability associated with the possession of the vehicle itself (to make an example and not exhaustive, in relation to fines, damages, theft and / or total or partial fire). In case of failure or simple request from the Lessor, the vehicle must be delivered by the Customer at any of Lessor agency for a replacement of the same, subject to availability, at no charge to the Lessor, and, to its sole discretion, not to provide a replacement vehicle in the event of insolvency, theft, fire or serious accident of the rented vehicle. Any replacement will be, as a rule, a vehicle of the same category; in case of no vehicle available, it will be delivered to the customer a lower or higher category vehicle, applying the provided reductions and increases as specified in the Noleggiare price list. The replacement of the vehicle is included in the rental fare, except in the case of malfunction due to circumstances depending on the customer or the intent or negligence of the same customer. In case of failure to return the documents supplied to the vehicle and / or the license plate, the Customer agrees to pay, as a penalty, the amount shown in box B) of the rental letter, except for the compensation for the fees and for damages. In case of failure to return the keys of the vehicle, for any reason, and even if the vehicle has been returned, the customer is required to pay, as a penalty, the amount shown in box B) of the rental letter, without prejudice the most damage. In case of failure to return or damaged vehicle equipment, for any reason, the customer is required to pay, as a penalty, the amount indicated in the Noleggiare price list and / or in the box B) of the rental letter, without prejudice the most damage. The Client may make any claim or complaint against the Lessee in relation with the rental period, before the 10 days deadline from the return date of the vehicle and / or closure of the rental agreement. The customer, therefore, is acknowledged by now not to renounce to ask any request of refund and / or compensation after the deadline.
Art. 7 Customer Responsibilities.
Customer is responsible for any damage, theft or fire occurred at the vehicle, as well as fines and / or any other charges resulting from breaching the Traffic Laws or other laws or regulations, toll charges, the cost of parking and any other expense related to use of the Vehicle during the rental period, and is obliged to require the amounts eventually paid in advance, including legal fees, postal and administrative expenses necessary for the refund request. By now, the customer allows the Lessor also to charge the cost of management of any administrative procedure related to such requests. Except for, in any such case, the opportunity for the customer to prove that failures and / or damages to the vehicle cannot be ascribed to him. This clause does not reverse the burden of proof, nor precludes the opportunity to propose any exceptions in accordance with the law. For further information about Noleggiare damage management policy, please visit our website https://www.noleggiare.it/fr/damage-management-3/. The value of the vehicle is determined according to the prices indicated in the magazine Quattroruote at the time of the event, except that it will occur in the first six months of enrolment of the vehicle, in that case it needs to be considered as brand new. The customer responsibilities go from repair costs, to the loss of value of the vehicle, failure of renting income quantified according to the criteria described in Article. 6 for the failure to return the vehicle on the agreed terms, the pulling and deposit costs and the administrative costs incurred in the management of any event or claim arising from the damage caused to the vehicle or from the accident, which will be charged to the customer as provided in the Noleggiare price list. The “Road Assistance Plus” service, that the customer can buy in Noleggiare offices, covers all the dragging expenses in case of accident with fault and every event occurred during the rental period, with a refund of possible taxi up to € 120,00 (to be documented with receipt). The insurance of the vehicle covers the liability for damage, fire and theft. The excess stated in the Noleggiare price list is charged to the customer, except in cases of subscription of “Silver” Package, “Gold” Package or “Platinum” Package, according to the regulations described in Article 2. In any case, the effectiveness of the insurance regarding the Customer, as well as any other limitation of liability provided in his favour, even conventionally, are excluded in the case of wilful misconduct or gross negligence of the same customer, including driving under the influence of alcohol or against the traffic laws or any other laws and regulations. Damages caused voluntarily by the customer to the vehicle, or neglect, are also excluded from the insurance coverage and the limitations or exclusions of liability, as well as those related to the interior of the vehicle, the roof or to the tarpaulin of commercial vehicles, the damage caused by the lack of assessment of height of the vehicle and protruding objects or overhanging roof, those caused to the clutch kit, due to over-rev of the engine, damage or theft of the tires and / or wheels, as well as any damage caused by the failure to comply the rule explained in the Art. 5 (Circulation of the Vehicle and conditions of use) mentioned above. In case of theft and subsequent discovery of the vehicle the amount of eventual damages will be calculated following the “Standard” daily fare, up to the date of release from seizure and return of the vehicle, within the limits of the liability reduction, except from the refund for damage to the vehicle. In cases of theft or fire, total or partial, it is mandatory that the Customer have to denounce the fact to the competent authorities, handing over a copy of the report, along with the keys to the vehicle, to the nearest Lessor Agency within 48 hours, and actively cooperating with the Agency in the management of the legal action. In the event of an accident suffered or procured from the rented vehicle, even if the vehicle does not suffer any damage, it is duty of the Customer to notify it to the nearest Lessor Agency within 24 hours after the event, preparing and sending the CAI model, or any insurance or limitation of responsibilities conventionally established before, in favour of the customer, will decay. In case of failure to fulfil the obligations of reporting and communication as set in the previous paragraphs, all the limitations and / or exclusions of liability for damages, theft or fire, total or partial, provided in favor of the customer, who is also responsible for damage suffered by the Lessor in relation to the failure or delay of communication, will decay. Whether the customer will fill up a C.A.I. model properly signed by both parties involved in the accident, with clear accountability of the single counterparty, the excess specified in the Noleggiare price list will not be charged to the customer. Because of the procured increase of the insurance cost, assuming the responsibility of a passive accident, the customer will be ratified with a € 150,00 penalty fare, subject to greater damage, even in case of wrong or omitted completion of the necessary documentation to accident management. This penalty (deductible for passive or insolvency road accidents) will also be applied in case of purchase of « Silver », « Gold » or « Platinum » products. At the moment of the accident the Customer needs to obtain all of the necessary evidence in order to establish the right fault properly. For this reason, the customer shall: (i) proceed with the filling of the C.A.I model or, alternatively, call the Police, Carabinieri, or traffic warden, ask and obtain the report of the accident; (ii) collecting the names and addresses of the witnesses present; (iii) if required, to collaborate with the Lessor in the management of legal action that may arise in consequence of the accident; (iv) do not leave the vehicle unattended and without adequate protection. (x) The Customer undertakes to ensure routine maintenance of the vehicle and to check and adjust the levels of all lubricants, brake oil and tire pressure control.
Art. 8 Agreement on behalf of a third party and jointly and severally liable.
Who signs the rental contract on behalf of a third party responds jointly and severally with the third of full compliance with all of the obligations specified in the present rental contract, without the benefit of prior summons; the customer who signs the rental contract responds of any fact, act or omission ascribed to the driver of the vehicle. All customers and / or additional authorized drivers and holders of the credit card will be jointly and severally liable for all of the customer obligations specified in the rental letter.
Art. 9 Force majeure.
Any party shall be responsible for its failure regarding the obligations of this contract, if they can prove that: (i) the failure has been caused by649564630152 a casual event out of any possible control; (Ii) it is impossible for the customer to expect, after the end of the contract, the occurrence of such event and its effects on his ability to perform; and (iii) it was not possible to avoid or remedy that event or at least its effects.
Art. 10 Charges.
The customer is obliged to pay to the Lessor: (i) the rental fare, as defined by the Noleggiare Price List, published on the website www.noleggiare.it, as in the documents at the Rental Offices, as well as defined in the agreements with the Tour Operator. In case of rentals through tour operators and / or prepaid, Customer remains jointly liable with them for payment of amounts according to the rental agreement; (Ii) any refund for the expenses incurred for the recovery of the vehicle not returned to the agreed Agency for any reason; (iii) the amount of the fines charged to the customer and / or to the Lessor for any violation of the traffic laws or any other applicable laws, committed by the customer during the rental of the vehicle; (iv) any other amount due on the basis of what specified in the previous articles (eg.: refuelling service, one-way service travel, replacements, after-hour services, surcharges, penalties, refunds and compensations, as well as any difference caused by the use of a different service than the calculated one). In general, all charges required in absence of the customer, will be notified within 3 working days from the drop-off of the vehicle. After that notification, the customer will have 5 working days to contest the amount required for the penalties. If within 5 working days after the notification of the charges is not received any objection, the Lessor will proceed with the debit collection required. In case of seriously damaged vehicles, to the customer will also be charged for an amount for the technical deposit. calculated on the number of days of technical stoppage multiplied by the standard price of the vehicle category assigned to the Customer for rental (see the page “Standard rate” on the website www.noleggiare.it).
Art. 11 Using satellite devices.
In order to protect the Lessor from the risks of theft or fraud, may be installed on each vehicle a satellite device (GPS or similar), able to detect the location of the vehicle itself and the speed or the driving behaviour of the customer. The Lessor reserves the right to give such information to the authorities, insurance companies, law firms and qualified companies in the prevention and management of thefts and damages, and to use or permit its use for each action in its protection.
Art. 12 Termination clause.
The violation of the disposal specified in Articles 1, 2, 3, 4, 5, 6, 7 and 10 legitimates the Lessor to terminate the contract in accordance with the Art. 1456. Civ. cod. and to the refund for any further damage.
Art. 13 Privacy.
The Customer declares to have received and read the information on the processing of their personal data entrusted to the Data Controller Noleggiare S.r.l. for the requested service (GDPR 679/2016). The customer declares in particular that he has been informed about:
- the purposes and methods of data processing
- the nature of the data provided and the obligations or the right to provide the data and the consequence to a possible refusal
- the scope of data communication
- the rights of the data subject, the manner in which they are exercised and the contacts of the Data Controller.
For more details see www.noleggiare.it/en/privacy-policy.
Art. 14. Contractual amendments.
No change can be reported to the General Conditions without the consent of a representative of the Lessor under the appropriate authorization.
Art. 15 Applicable Law and exclusive Law court.
The Italian law governs the rental duty under this Agreement. For all disputes relating to the duties referred to the “Contract Documents”, except for the competence of the Consumer Forum, has exclusive jurisdiction the Court of Mantova.
Art. 16 Translation.
In case of doubt or differences of interpretation, the Italian version shall prevail over the English one, just because the Italian version expresses the will of the parties. The English version, and available under request of the customer, is a mere literal translation.
Art. 17 Interpretation.
Whether any regulation of the Agreement is held invalid or unenforceable in whole or in part, it will not be applied and the Agreement shall remain valid and effective for the other regulations. 649564630152
Art. 18 Domicile and communications.
The customer, in accordance with the law, in order to come along with the rental, claims to choose his domicile to the address specified in the rental agreement. Unless otherwise stated, the communications between the parties involved will take place at the email address or fax number specified by the customer.