Terms and Conditions
The rental of vehicles by the company Noleggiare S.r.l. or its affiliates or franchisees (hereinafter, the “Lessor”) is governed by these General Rental Conditions (hereinafter, the “General Rental Conditions”), including the Privacy Notice, the rental agreement (hereinafter, the “Rental Agreement” or the “Contract”) signed by the customer (hereinafter, the “Customer” or the “Renter”) at the time of renting a vehicle (hereinafter, the “Vehicle”), the Price List in force at the time the Rental Agreement is signed (published online at www.noleggiare.it) and the Damage Policy. The Customer declares that he/she has examined all the above-mentioned documents (hereinafter, collectively, the “Contractual Documentation”) and has fully and completely understood them.
By signing the Rental Agreement, the Customer declares that he/she has read and accepts the General Rental Conditions and specifically approves the following articles: Art. 2 (Booking procedures, timing and payment of the rental), Art. 5 (Driving the Vehicle and conditions of use), Art. 6 (Vehicle pick-up and return), Art. 7 (Customer’s liability), Art. 8 (Contract signed in the name and/or on behalf of a third party and jointly liable parties), Art. 10 (Charges), Art. 11 (Use of satellite-tracking devices), Art. 12 (Termination clause), Art. 13 (Privacy), Art. 14 (Contractual amendments), Art. 15 (Applicable law and exclusive jurisdiction), Art. 16 (Translation), Art. 17 (Interpretation), Art. 18 (Domicile and notices).
General Rental Conditions
Art. 1 Driving the Vehicle and rental eligibility.
Both the Customer, as the holder of the Rental Agreement, and every driver authorised to drive the vehicle identified in the Rental Agreement, must comply with the identification and qualification formalities required by the Lessor, providing, so that a copy may be taken, a valid identity document. Each driver of the Vehicle undertakes not to provide false or incorrect information regarding his/her personal data, age, address of residence or domicile, telephone number and email address, nor regarding the possession of all the requirements of Law to be qualified to drive.
Both the Customer and any authorised driver must be at least 19 years of age and hold a valid driving licence issued by an EU/EFTA Country, qualifying them to drive the type of vehicle rented, issued at least 12 months earlier, which must be shown, together with the identity document, so that a copy may be taken. Customers residing in a non-EU foreign Country must hold a driving licence issued by their Country of origin and a valid international driving permit, or a licence translated by an embassy or equivalent authority, and legible in Latin characters. For persons under the age of 25 and persons over the age of 75, access to the rental service is allowed subject to a daily surcharge applicable to certain vehicle categories identified by the Lessor according to age brackets. This surcharge is applied in the amount indicated in the Noleggiare Price List.
The above-mentioned documents must be presented in original paper format and must be intact and legible. Identity documents and driving licences in digital format are not accepted.
Renting the Vehicle also requires possession of a Credit Card for the related security deposit. For further details on the credit cards accepted, please consult the Price List published at www.noleggiare.it.
In any case, the Lessor reserves the right to refuse to enter into the rental contract at its sole and unquestionable discretion, without any obligation to provide any reason to the Renter.
Art. 2 Booking procedures, timing and payment of the rental.
Payment of the rental is made with the main credit cards, debit cards, ATM cards, or by other payment methods previously agreed with the Lessor in writing. Except in the case of rental with the prepaid payment method, the rental fee must be paid at the time of Vehicle pick-up.
Bookings are accepted only based on the category of the Vehicle to which the one selected by the Customer belongs; model preferences are subject to the Lessor’s availability and cannot be guaranteed at the time of booking.
If the booked Vehicle is unavailable, the Lessor reserves the right to replace it with another Vehicle of an equivalent or higher category; if such Vehicles are also unavailable, the replacement will be made with a Vehicle of a lower category, with a corresponding recalculation of the rate. In case of absolute unavailability to assign a Vehicle, or if the Customer refuses to accept a Vehicle of a category different from the one booked, the Lessor’s only obligation shall be to refund any amount paid by the Customer up to that moment for the rental.
Any changes requested by the Customer regarding bookings made through the Lessor’s website www.noleggiare.it or through the Noleggiare Booking Centre / rental stations (by way of example and without limitation: category changes, modification of duration, change of pick-up or return location, etc.) are subject to availability, must be agreed in advance with the Lessor and may be subject to a surcharge. Extension requests that would result in the availability of the same vehicle for periods exceeding 30 days are not allowed.
Bookings made on the Lessor’s website (www.noleggiare.it) that benefit from the special “Pay Now” payment rate involve, at the time of booking, the charge of the entire rental cost on the payment card indicated by the Customer. The Customer may cancel a booking of this type without any additional charge up to 48 hours before the scheduled date and time of pick-up indicated in the booking confirmation. To cancel the booking and obtain any refund, the Customer must fill in the relevant “Booking cancellation” form at www.noleggiare.it/it/contatti/. The amount paid online for the rental is non-refundable in case of cancellation made within the 48 hours preceding the scheduled pick-up, nor in case of bookings with Vehicle pick-up scheduled within the 48 hours following the request, nor in case of “no-show” (failure by the Customer to pick up the Vehicle on the scheduled pick-up date/time), nor if the rental eligibility requirements are not met. As an alternative, the “Pay at pick-up” option is available on the Lessor’s website (www.noleggiare.it).
Noleggiare undertakes to honour the bookings accepted as soon as the customer arrives at the counter on the date and time confirmed, with a maximum tolerance of 2 hours, during office opening hours. If the customer arrives beyond the tolerance set, Noleggiare shall no longer be required to deliver the vehicle. In case of Vehicle pick-up outside office hours — published for all rental stations on the website www.noleggiare.it — an additional cost will be applied for the out-of-hours delivery service, as indicated in the Noleggiare Price List (“Out Of Hours” and “Delivery Anytime” services).
To confirm the booking, the Customer undertakes to present his/her payment card upon signing the Contract with the Lessor, which will then carry out the corresponding pre-authorisation as a deposit, according to the criteria established in the online section “Security deposits”, available at www.noleggiare.it/it/informazioni-sui-depositi-cauzionali/. That online section also lists the types of payment cards accepted for each category of vehicle rented.
The purchase of any ancillary product or service is optional and is left to the discretion and willingness of the Customer. The prices and characteristics of the additional services offered by the Lessor can be consulted in the Price List published at www.noleggiare.it.
In case of renewal or extension of the rental contract, the contract shall be deemed confirmed together with all the ancillary products and services initially requested by the customer (by way of example: insurance coverage, additional driver, etc.). “Extension” means exclusively the modification of the final term of the original contract, without any change to the initial date, within the maximum limit of 30 (thirty) days allowed. “Renewal” means instead the conclusion of a new contract on the same terms as the previous contract, with definition of a new initial term and a new final term.
By signing the Rental Agreement, the customer undertakes to pay all costs connected with such renewal or extension.
By signing the Rental Agreement, the Customer further authorises the Lessor to charge the payment card presented as security deposit for the rental with the amounts corresponding to the rental fees considered in full (e.g. excess kilometres, extra days, etc.), to damages identified at the time of return, to economic liabilities, to penalties and to any expenses that may be identified after the Vehicle is returned (e.g. motorway tolls, claim handling costs and/or damage to the Vehicle, loss of accessories such as, by way of example and without limitation, charging cables and systems supplied with electric vehicles and plug-in hybrid vehicles, etc.). The Lessor has the right to ask the Customer for a security deposit other than the credit card, or to supplement it with another form of guarantee. Such further deposit, which will not be counted towards the Customer’s rental fees and which will not bear any interest, shall be returned upon termination of the rental for any reason, less any amount the Customer may owe the Lessor.
All rentals starting at airports and railway stations are subject to Airport and Railway Surcharges, imposed by the airport and railway authorities for every rental. These are compulsory charges, applied by any commercial activity within the airport and railway area, and cannot be declined.
IMPORTANT: before booking, please pay attention to these points. The “Pay Now” rate involves the immediate charge of the full rental cost and is non-refundable if you cancel within 48 hours of pick-up, in case of no-show, or if you do not meet the rental eligibility requirements. Vehicle model preferences are not guaranteed: the booking is for a category, not a specific Vehicle. The rental contract cannot be extended beyond 30 days in total. Finally, by signing the Rental Agreement you authorise the Lessor to charge your payment card for rental fees, damages, penalties and any expenses identified even after the Vehicle has been returned (e.g. tolls, claim handling costs, missing accessories). |
Art. 3 Third-party liability (R.C.A.) coverage.
Each Vehicle is covered by Third-Party Liability insurance (R.C.A.) in accordance with the laws in force, which provides coverage of Civil Liability towards third parties with reference to persons, property (excluding property carried) and animals. Passengers on the Lessor’s Vehicle are considered as third parties.
In case of an accident, the Customer must fill in, together with the counterparty, the European Accident Statement (C.A.I.) available in the Vehicle and submit it to the nearest Lessor’s branch (hereinafter, the “Branch”) within 24 hours of the event, or hand it over at the time of Vehicle return if this takes place within the same 24-hour period from the event. The European Accident Statement form must be duly completed in all its parts, in order to make the dynamics of the event clear and beyond any doubt. If no accident has occurred, in order to enable the Lessor to protect its rights against fraud or unfounded claims, the Customer must in any event, at the time of Vehicle return, expressly declare (and in writing) that he/she has not suffered or caused any event.
Art. 4 Refuelling.
The Customer is required to return the Vehicle with the same amount of fuel as at the start of the rental, unless he/she has purchased the “Prepaid Full Tank” option. Alternatively, if the Customer fails to refuel, the Lessor will do so, charging the Customer the cost of the “Refuelling” service indicated in the Noleggiare Price List and the cost of the missing litres of fuel, calculated at the price indicated in the Rental Agreement.
If the vehicle is returned with a quantity of fuel greater than that present at the time of pick-up, any excess shall not be refunded.
For plug-in hybrid vehicles, the customer undertakes to return the Vehicle topped up with fuel only. For such vehicles, Noleggiare S.r.l. is not required, at the time of check-out, to also provide a charged battery.
Art. 5 Driving the Vehicle and conditions of use.
The Customer undertakes to keep and use the Vehicle with the utmost care and diligence, in accordance with its intended use and the characteristics indicated in the vehicle registration document and within the limits set by Law, and:
(I) not to sublease or rent out the Vehicle;
(II) not to entrust the driving of the vehicle to persons other than those authorised in the Rental Agreement;
(III) not to carry out any repair work on the rented Vehicle without the Lessor’s written consent;
(IV) to inform the Lessor immediately of any malfunctions or anomalies of the Vehicle, interrupting its circulation and following the Lessor’s instructions regarding any replacement or return of the Vehicle;
(V) to refuel the Vehicle using the correct fuel, also maintaining it diligently, checking fluid levels and, where necessary, topping them up;
(VI) not to drive the Vehicle under the influence of drugs, narcotics, alcohol or other intoxicants or any substance capable of impairing the ability to understand and react;
(VII) to keep the Vehicle with the utmost diligence, activating every existing safety device, avoiding leaving devices or valuables in plain sight inside the passenger compartment and, in general, doing everything necessary to ensure the best protection of the Lessor’s property;
(VIII) to drive the Vehicle, in addition to Italy, exclusively in countries of the European Union, Switzerland or the United Kingdom, subject to purchase of the “Cross Border Card” service, save express written authorisation from the Lessor. For this purpose, the “Green Card” (international insurance certificate) does not constitute such authorisation, but only an integrating element of the Vehicle’s documentation. In case of transit through countries where the Customer has undertaken not to drive the Vehicle, all coverage and limitation- or exclusion-of-liability agreements shall cease to be effective, and any cost the Lessor may incur as a result of the breach of such undertaking shall remain at the Customer’s expense (including any vehicle downtime or repatriation costs); the Customer shall indemnify the Lessor for any such amounts, in addition to the penalty for “Unauthorised foreign traffic” indicated in the Noleggiare Price List;
(IX) not to use the Vehicle for the transport of smuggled goods, explosive or polluting material, or for 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 route testing, even on racetracks, or to give driving lessons or to practise driving;
(XI) not to use the Vehicle on unpaved roads or roads unsuitable for its technical characteristics;
(XII) not to use the Vehicle to push or tow other vehicles or trailers;
(XIII) not to use the Vehicle for any other use in violation of laws or regulations, even if not expressly mentioned in this Art. 5;
(XIV) to promptly inform the Lessor of any report served on the Renter by any Authority with reference to the Vehicle during the rental period. The Lessor reserves the right to repossess the Vehicle at any place and time in case of breach of the provisions of this Art. 5;
(XV) not to transport animals, substances and any other items that, due to their condition/odour, may cause damage to the Vehicle. In case of extraordinary cleaning of the Vehicle, the corresponding amount shall be charged to the Customer;
(XVI) not to use the vehicle for the transport, for consideration, of persons or goods, except, in the case of goods, with commercial vehicles;
(XVII) not to smoke and not to allow passengers to smoke inside the vehicle;
(XVIII) when returning an electric or hybrid vehicle, to inform the operator of any transit through ZTL (limited-traffic zones), indicating the relevant Municipality, in order to allow Noleggiare to make the necessary communications to obtain the relevant authorisations. If, due to such failure to communicate, Noleggiare receives administrative penalties, the customer undertakes from now on to reimburse the payment of the same, upon simple written request.
IMPORTANT: compliance with Art. 5 is not a formality. The insurance coverage and the liability-limitation services — even if purchased — do not apply if, during the rental, the Vehicle is driven under the influence of alcohol, drugs or narcotic substances, if it is taken to unauthorised Countries (outside the EU/EFTA, Switzerland or the United Kingdom without the Cross Border Card service), if it is used for competitions, towing or transport of illicit goods, or if it is driven by unauthorised drivers not listed in the Rental Agreement. In such cases the Customer is fully liable for all damages and all costs incurred by the Lessor. |
Art. 6 Vehicle pick-up and return.
The Lessor delivers the Vehicle to the Renter, complete with all the accessories required by Law and all documents necessary for circulation. With the delivery of the Vehicle, the Renter acknowledges that the Vehicle, with its equipment, fittings and all the accessories delivered by the Lessor, is in verified mechanical working conditions, in good general condition and compliant with the agreed use.
The Renter undertakes to return the Vehicle, together with its accessories and documents, free of items or property, within the time and at the place indicated in the Rental Agreement, in the same condition in which it was delivered, including cleaning, save for wear and tear proportionate to the rental duration and the kilometres travelled. Upon return, the Renter has the obligation to verify, jointly with the Lessor, the condition of the Vehicle, identifying and signing for any discrepancies compared to what was indicated in the Rental Agreement at the time of delivery.
In case of failure to carry out the joint inspection, the Customer expressly authorises the Lessor from now on to charge the cost of any damage and missing items identified on the Vehicle, even after it has been returned. In this regard, the Vehicle must be returned during the opening hours of the Branch where it was picked up, or, at the Customer’s request, at another Lessor’s Branch. In case of return outside the Branch’s opening hours, the rental is deemed concluded at the time the Branch reopens — provided that the Vehicle has actually been taken in charge by the Branch — for the purposes of determining the liability connected with possession of the Vehicle itself (by way of example and without limitation, in relation to damages of any kind, total or partial theft and/or fire, failure to refuel, missing on-board accessories including charging cables and systems for electric and plug-in hybrid vehicles, etc.).
If the Vehicle is not returned at the place and time indicated in the Rental Agreement (i.e. once 59 minutes have elapsed beyond the return time specified therein), the Customer undertakes to pay, as a penalty, an amount equal to the rate in force at the time of closure of the rental for each day of delay until return, save in any case for any greater damage. For rates subject to time limits (e.g. weekend, holiday, promotional rates), once the tolerance time has elapsed, such rates can no longer be applied and the amount corresponding to the rate in force at the time of closure of the rental will be charged. If the Vehicle is not returned at the place indicated in the Rental Agreement, but at another Lessor’s Branch, the fees set for the “One Way” rental will apply.
In case of breakdown or upon simple request from the Lessor, the Vehicle must be returned by the Customer to any of the Lessor’s Branches, which will arrange for the replacement of the Vehicle, subject to availability and at no cost to the Lessor, save the Lessor’s right, at its sole discretion, to refuse to provide a replacement Vehicle in case of insolvency, theft, fire, negligence or serious accident involving the rented Vehicle. The replacement will normally be made with a Vehicle of the same category; in case of unavailability, a Vehicle of a lower or higher category may be delivered to the Customer. The replacement of the Vehicle is included in the rental fee, except in case of breakdowns caused by the Customer or due to wilful misconduct or fault of the Renter.
In case of failure to return the Vehicle’s accompanying documents and/or licence plate, the Customer undertakes to pay, as a penalty, the amount indicated in box B) of the Rental Agreement, save reimbursement of related expenses and further damage. In case of failure to return the Vehicle keys, for any reason whatsoever, and even where the Vehicle has been returned, the Customer is required to pay, as a penalty, the amount indicated in box B) of the Rental Agreement, save any greater damage. In case of failure to return or damage to the Vehicle’s standard and additional accessories, including charging cables and systems for electric and plug-in hybrid vehicles, etc., for any reason whatsoever, the Customer is required to pay, as a penalty, an amount as indicated in the Noleggiare Price List and/or in box B) of the Rental Agreement, save any greater damage.
Any claim or complaint against the Lessor in relation to the rental must be submitted by the Customer within the non-extendable deadline of 10 days from the Vehicle return date and/or closure of the Rental Agreement. The Customer therefore acknowledges from now on that he/she waives the right to submit refund and/or damages claims beyond that term.
The Customer undertakes to return the vehicle as soon as the Lessor requests it. In case of failure to return, the Lessor has the right to repossess the vehicle by any means, even against the will of the Customer and entirely at the latter’s expense.
If the Vehicle is returned before the date/time of return indicated in the Rental Agreement, no refunds are foreseen for the rental days and hours not used, nor for any additional services agreed at the time of rental.
IMPORTANT: when returning the Vehicle, take a few minutes to inspect it together with the operator. If a joint inspection does not take place, you authorise the Lessor in advance to charge you for any damage or missing items identified after the return. Please also note that you have 10 days from the return date to submit any complaint or refund request: after this term they will no longer be accepted. Finally, any delay in returning the Vehicle of more than 59 minutes will result in the charge of a full extra rental day at the standard rate as a penalty. |
Art. 7 Customer’s liability.
The Customer is liable for any damages, theft or fire affecting the Vehicle, as well as for fines and/or any other charges arising from violations of the Highway Code or other provisions of Law or regulations, tolls, parking costs and, in general, sums connected with the use of the Vehicle during the rental period; the Customer undertakes to reimburse any such sums advanced by the Lessor, including the postal and administrative expenses necessary for the reimbursement request.
The Customer authorises the Lessor from now on also to charge the administrative-handling costs for damages, theft or fire indicated in the Noleggiare Price List. The Customer’s right to prove that such breaches and/or damage to the vehicle resulted from causes not attributable to him/her is always reserved. This clause does not in any way reverse the burden of proof, nor does it preclude the Customer from raising any defences under the Law.
Noleggiare’s damage management policy is fully explained online in the “Damage Management” section (www.noleggiare.it/it/gestione-danni/). The Lessor reserves the right not to repair the Vehicle immediately if the damage caused by the Customer does not impair its functionality. The value of the Vehicle is determined according to the listing indicated in the Quattroruote magazine at the time of the event, except where the event occurs within the first six months of the Vehicle’s registration, in which case reference shall be made to the new-vehicle list price. The Customer’s liability extends to the cost of repairs, to the loss of value of the Vehicle, to the loss of rental income quantified on the basis of the criteria described in Art. 6 for the failure to return the Vehicle on the agreed terms, to towing and storage costs and to the administrative costs incurred for managing any event or claim arising from the damage caused to the Vehicle or from the accident, which will be charged to the Customer in accordance with the Noleggiare Price List.
For any breakdown, the Customer is required to contact the Roadside Assistance Service by calling only the telephone number indicated in the Rental Agreement. The Towing Service (both for towing and for on-the-spot repair) shall be at the Customer’s expense, as indicated in the Noleggiare Price List, save purchase of the “Road Assistance” and “Road Assistance Plus” services. If the Customer contacts a roadside assistance service other than the one indicated in the Rental Agreement, he/she shall be held entirely responsible for the related costs and no compensation shall be authorised for such event, even where “Road Assistance” and “Road Assistance Plus” have been purchased. In any case, the Customer must not leave the Vehicle unattended and without adequate safeguard. The Customer is always required to pay the amount of fuel consumed up to the moment of towing. The cost of the “Refuelling” service remains at the Customer’s expense exclusively where the roadside assistance service was necessary due to wilful misconduct or gross negligence, drunkenness, or violations of the Highway Code by the Customer.
The economic liabilities indicated in the Rental Agreement remain entirely at the Customer’s expense, unless the Customer subscribes to one of the services for the limitation/exclusion of liability available in the Price List published at www.noleggiare.it. In any event, the effectiveness of the coverage towards the Customer as well as any liability limitations provided in his/her favour, even by agreement, are excluded in case of wilful misconduct or gross negligence by the Customer, including driving while drunk or in violation of the Highway Code or other laws and regulations. Also excluded from coverage and from limitations or exclusions of liability are damages caused wilfully by the Customer to the Vehicle, or due to carelessness, as well as damages to the Vehicle interior (including those to the dashboard, airbags, seat belts, touchscreen displays, etc.), to the roof and rib-sides of vans, damage caused by failure to assess the height of the Vehicle and of objects protruding from or above its roof, damages to the clutch kit, damages due to engine over-revving, damages resulting from incorrect fuelling or contaminated fuel, incorrect or missed charging in the case of fully electric and plug-in hybrid vehicles, theft of tyres and/or rims, breakage of components due to unauthorised circulation on unpaved roads, as well as damages caused by failure to comply with the provisions on Driving the Vehicle and Conditions of Use referred to in Art. 5 above.
For monthly/multi-monthly rental contracts and for commercial vehicles/vans, the Customer is liable for damages identified at the time of return of the Vehicle, up to the maximum amount indicated in the Rental Agreement under “Damage Liability”. By way of derogation from the ordinary regime, where damages are identified on several distinct areas of the Vehicle, the maximum liability amount may be applied separately for each damaged area, up to a maximum of seven (7) events for distinct areas. For the purposes of this article, an “event” is defined as the set of damages identified on each of the following areas of the Vehicle: front, rear, left side, right side, roof, windscreen and rear window. The identification of the areas affected by the events will be carried out by Noleggiare on the basis of the methodology indicated on the web page: https://www.noleggiare.it/it/gestione-danni/. The Customer declares that he/she has reviewed this document and accepts its application criteria. Any damages resulting from carelessness or negligence (for example, damages to the underside of the Vehicle, damages to the interior and mechanical damages) will constitute additional liabilities and will be added to any amounts identified on the seven (7) events for distinct areas of the Vehicle indicated above. This clause is to be understood as a special condition applicable exclusively to the rental types indicated and prevails over any provisions to the contrary contained in the remaining articles of this contract.
In case of theft and subsequent recovery of the Vehicle, the compensation due by the Customer to the Lessor shall be determined by applying the “Standard Rate” of daily rental up to the date of release from seizure and return of the Vehicle, within the limits of the liability amount, save in any case compensation for damages suffered by the Vehicle. In all cases of theft or fire, total or partial, or vandalism, the Customer is required immediately to file a regular complaint with the competent Authorities, delivering a copy within 48 hours from the same, together with the Vehicle keys, to the nearest Lessor’s Branch, and to actively cooperate with the Lessor in the management of the judicial proceedings. In case of failure to deliver the documentation relating to the theft and the keys of the Vehicle beyond the indicated times, the Customer shall be liable for the entire insured value of the Vehicle. In case of total theft, the Customer is always required to compensate the Lessor for the amount corresponding to a full tank of fuel. In case of partial theft, the Customer is required to compensate the Lessor up to the maximum amount of Theft Liability indicated in the Rental Agreement.
In case of an accident suffered or caused by the rented Vehicle, even where the Vehicle suffers no damage, the Customer is required to notify the nearest Lessor’s Branch within 24 hours of the event, drafting and submitting the European Accident Statement (C.A.I.) form, failing which any coverage or limitation of liability agreed in favour of the Customer shall be ineffective. In case of failure to comply with the notification and communication obligations set out in the preceding paragraphs, all limitations and/or exclusions of liability for damages, theft or fire, total or partial, provided in favour of the Customer shall become ineffective, and the Customer shall also be liable for the damages suffered by the Lessor in relation to the missed or delayed communication. If the Customer produces a C.A.I. form duly signed by both parties relating to the accident, with a clear assumption of liability by the sole counterparty alone, the economic liability indicated in the Rental Agreement shall not be charged to the Customer.
In view of the resulting increase in insurance costs, in case of involvement in a passive or shared-liability accident, a lump-sum penalty indicated in the Noleggiare Price List is due, save any greater damage, also in case of incorrect or missed completion of the documentation necessary for the management of the accident. This penalty (liability for passive or shared-liability accidents) shall also be applied in case the Customer has purchased liability-limitation/exclusion services. At the time of the accident, the Customer must act to gather the evidence necessary for a correct attribution of responsibility. To this end, he/she must:
(I) draft the C.A.I. form or, alternatively, request the intervention and report of the Traffic Police, Carabinieri or Local Police;
(II) collect the names and addresses of any witnesses present;
(III) if requested, even subsequently, cooperate with the Lessor in managing any disputes arising from the accident;
(IV) not leave the Vehicle unattended and without adequate safeguard.
In case of seizure or administrative detention of the vehicle, the Customer undertakes to pay the Lessor, in addition to the agreed rental fee, an amount equal to the “Standard Rate” of daily rental up to the date of release from seizure and return of the vehicle.
In the case of electric vehicles, the Customer authorises Noleggiare from now on to charge any parking costs for overtime stationing charged to Noleggiare S.r.l. by the operator of the charging station (by way of example, where the Vehicle is improperly left charging beyond the maximum time established by the station for charging without parking fees) chosen by the Customer, where the Vehicle’s stationing while charging exceeds the maximum continuous time allowed by the operator for charging without additional parking fees, as indicated in the Price List for all AC and DC stations operable with the service offered.
IMPORTANT: in the event of an accident, theft, fire or vandalism, act immediately and follow this procedure, otherwise you lose all coverage and liability limitations, even if purchased: (1) fill in and deliver the European Accident Statement (C.A.I.) within 24 hours to the nearest Noleggiare branch; (2) in case of theft, fire or vandalism, file a police report with the competent Authorities and deliver a copy, together with the keys, within 48 hours; (3) for breakdowns or roadside assistance call only the number indicated in the Rental Agreement (any other service will be entirely at your expense). The Customer always remains liable for damages caused by wilful misconduct or gross negligence, damages to the Vehicle interior (dashboard, airbags, seatbelts, displays), to the roof and rib-sides of vans, damages caused by incorrect fuelling or missed charging of electric/plug-in hybrid vehicles. |
Art. 8 Contract signed in the name and/or on behalf of a third party and jointly liable parties.
Whoever enters into the rental contract in the name and/or on behalf of a third party is jointly and severally liable with the third party for full compliance with all the obligations contained in the rental contract, without the benefit of prior recourse; the Customer who signs the rental contract is in any case liable for any fact, action or omission attributable to the driver of the vehicle. All customers and/or additional authorised drivers, as well as the holder of the credit card, shall be jointly and severally liable for all obligations of the holder of the rental agreement deriving from the contract and from the laws applicable thereto.
Art. 9 Force majeure.
Neither party shall be liable for its non-performance under this contract where it is able to prove that:
(I) the non-performance was caused by an event beyond its control;
(II) it could not reasonably have been expected to take into account, at the time of the conclusion of the Contract, the possibility of the occurrence of that event and of its effects on its ability to perform;
(III) it could not reasonably have avoided or overcome that event or at least its effects.
Art. 10 Charges.
The Customer is required to pay the Lessor:
(I) the rental fee, determined according to the criteria defined in the Noleggiare Price List and published at www.noleggiare.it and in the information documents available at Noleggiare Branches, as well as those defined under any agreements with Tour Operators. In case of rentals concluded through Tour Operators and/or prepaid rentals, the Customer remains jointly liable with them towards the Lessor for the payment of the amounts due under the rental relationship;
(II) reimbursement of the expenses incurred for the recovery of the Vehicle not returned at the agreed place for any reason;
(III) any other amounts due under the previous articles (including, by way of example and without limitation, refuelling service, One Way service, replacements, out-of-hours service, surcharges, penalties, damages and indemnities, as well as any difference resulting from the use of a service other than the one estimated). In general, charges for damages, missing fuel and/or electric charging, extra days and any related penalties, requested in the absence of the Customer, are notified by email within 3 working days from the date the vehicle is actually taken back in charge (with the exception of hidden damages or any mechanical damages identified subsequently, which will be notified following their identification). With reference to the request to charge for damages, the Customer shall have 5 working days from the notification to accept or dispute by email the amount requested for the penalties. If no objection is received within 5 working days of the charge notification, the notified amount will be processed. In the case of seriously damaged vehicles, the Customer shall also be charged an amount relating to loss of use, calculated as the number of days indicated by a certified technical assessment multiplied by the “Standard Rate” of the vehicle category assigned to the Customer for the rental (see online “Price List” section on the website www.noleggiare.it).
In case of electronic and/or remote detection of traffic violations received by the Lessor, as well as in case of other requests for payment of charges connected with driving for which the Customer is responsible (for example: fines and penalty payments for violations of the Highway Code or other laws or regulations in force; motorway tolls; parking; etc.), the Lessor shall provide the driver’s personal data to the competent Authorities.
Fines and other payment requests cannot be settled through the Lessor, but must be paid directly by the Customer to the local Authorities that detected the infraction and issued the fine or the payment order.
In cases where the Lessor is required to pay the above-mentioned charges on behalf of the Customer — i.e. where: (i) it is impossible for the requesting Authority to re-notify the Customer under the legislation in force, or (ii) the Lessor is jointly and severally liable (as for example in the case of fines issued by foreign Authorities, infractions not falling under the Highway Code, infractions issued by Port Authorities, etc.); or (iii) the payment request by the requesting Authority is accompanied by an administrative-detention order — the Lessor shall pay the fine and shall have the right to request the Customer to reimburse the amount due to the requesting Authority.
If the Customer carries out, during the rental period, charging at public charging stations using the tools made available by Noleggiare (charging KEYFOB), the Customer is required to settle the amount of the charging sessions carried out.
IMPORTANT: Charges may require a variable processing time following the Vehicle handover and will be communicated to the Customer by email. The Customer may reply to such communication and provide information and supporting documentation for the purpose of resolving and closing the matter.
Fines and traffic violations must be paid directly by you to the Authorities that issued them; if instead Noleggiare is required to pay on your behalf (e.g. foreign fines, port-authority violations, administrative holds) you will be required to reimburse the full amount. In case of a seriously damaged Vehicle, you will also be charged for loss of use calculated on the days indicated in a certified technical assessment.
Art. 11 Use of satellite-tracking devices.
The Customer and any user of the Vehicle is informed that — for security reasons — some vehicles may be located via GPS devices provided by third-party supplier(s) in order to protect the Lessor from the risks of theft or fraud. Such devices may detect, by way of example: the Vehicle’s location with the relevant map, usable in case of theft, robbery or misappropriation; speed and acceleration data in the event of accident detection; mileage statistical data. The managers of the Database(s) where such information is stored are external specialised companies, specifically appointed as Data Processors by the Lessor, whose details are available by contacting the Lessor through a detailed request sent to [email protected].
The data in question are kept in the Databases for a maximum period of 10 years after the expiry of the rental contract, after which they are automatically deleted.
The Lessor reserves the right to communicate such data to judicial Authorities, insurance Companies, law firms and Companies specialised in the prevention and management of thefts and accidents, and to use or have such content used for any action in its defence.
For further details, please consult the online section www.noleggiare.it/it/privacy-e-sicurezza.
Art. 12 Termination clause.
The breach of the provisions of Articles 1, 2, 3, 4, 5, 6, 7 and 10 entitles the Lessor to terminate the contract pursuant to Article 1456 of the Italian Civil Code and to claim compensation for any further damages.
Art. 13 Privacy.
Pursuant to GDPR 679/2016, the Customer declares that he/she has received and read the notice on the processing of his/her personal data entrusted to the Data Controller Noleggiare S.r.l. for the service requested. In particular, he/she declares to have been informed about:
the purposes and methods of data processing;
the nature of the data provided, the obligation or option to provide such data and the consequences of any refusal;
the scope of communication of the data;
the rights of the data subject, the methods of exercising them and the contact details of the Data Controller.
For further details, please consult the online section www.noleggiare.it/it/privacy-e-sicurezza.
Art. 14 Contractual amendments.
No amendment may be made to these General Conditions without the consent of a representative of the Lessor holding a suitable written power of attorney.
Art. 15 Applicable law and exclusive jurisdiction.
The rental relationship governed by this Contract is regulated by Italian Law. For all disputes relating to the relationships referred to in the “Contractual Documentation”, save the jurisdiction of the consumer’s court, the Court of Bergamo shall have exclusive jurisdiction.
Art. 16 Translation.
In case of doubt or differences of interpretation, the Italian-language version prevails over the English or foreign-language version, as it expresses the exact will of the parties. The English or other-language text, consultable and available upon the Customer’s request, represents a mere literal translation.
Art. 17 Interpretation.
If any of the provisions of the Contract is held to be invalid or ineffective, in whole or in part, that provision shall be disapplied and the Contract shall remain valid and effective in respect of the remaining provisions.
Art. 18 Domicile and notices.
The Customer, for all legal purposes connected with the performance of this rental relationship, declares that he/she elects domicile at the address communicated to the Lessor in the rental agreement. Save indication to the contrary, the communications between the parties relating to the contract shall be made to the email address indicated by the customer.