Terms and Conditions
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Vettura S.r.l. (hereinafter referred to as “Vettura”) hereby rents out to the Customer a motor vehicle (hereinafter referred to as the “Vehicle”) identified in the Conditions set forth in this Car Rental Agreement, with the covenants thereby foreseen, and under the following Terms and Conditions:
1. At the time of delivery and before collection the Customer undertakes to give timely notice of any internal or external defects or anomalies of the Vehicle that are not noted on Vettura forms. In the absence of any such notice, it shall be deemed that the Customer received the Vehicle in perfect working order and in any case in accordance with the forms signed by the Customer. The Customer undertakes to return the Vehicle in the same conditions in which he or she took delivery thereof, except for any normal wear and tear in relation to distance travelled in kilometres, in clean condition compatible with normal use, including tyres, fittings, documents and complete equipment outfit. The Vehicle shall be returned to a Vettura office during normal working hours in the city in which it was rented out at the day and at the time specified in this Agreement, or before if this Agreement is terminated in advance or in the event that the Vehicle is used in breach of the provisions set forth therein. Pursuant to Article 1456 of the Italian Civil Code, Vettura may terminate this Agreement early if the Customer contravenes Articles 2 and 3 or fails to pay its debts as they fall due, or in the event of bankruptcy or of any other insolvency procedure. Vettura shall in any case reserve the right, prior written notice, to terminate this Agreement and the ensuing Commercial Agreement, where applicable, in the event that the requirements for the Customer's economic and financial reliability, upon which the aforementioned Agreement is based, are reduced. Having given notice of the termination of the Agreement, the Customer shall be required to immediately return the Vehicle(s) belonging to Vettura and to pay the latter the amount agreed upon until the date of delivery of the aforementioned Vehicle(s). Regardless of the conditions set forth in Article 4 below, the Customer shall be liable for any loss caused to the Vehicle on account of improper use thereof or for wear and tear that is disproportionate to the kilometres travelled and, as a penalty not subject to equity reduction, for the commercial value of the Vehicle in the event that the latter does not return the keys of the vehicle to Vettura in case of theft or does not delivery to Vettura the original theft report, presented at the Judicial Authority; the theft report must be submitted by the Customer, except in cases of proven impediment, within 24 hours of the event. As provided in case of theft, except the obligation to report to the Judicial Authority apply, mutatis mutandis, also in case of fire (except for cases set out in article 4 below). Vettura shall not be liable for any loss caused by the Customer's failure to keep the Vehicle in good working order and drive it with reasonable care and reserves the right to charge the Customer, as a penalty, for damages to the vehicle however related to wilful misconduct and/or gross negligence of the Customer in the use of the same. There shall be no prejudice to the Customer's right to prove that any damage was caused by reasons not imputable to him/her pursuant to Article 1588 of the Italian Civil Code.
2. The vehicle may be driven by the Customer whom this rental agreement is made out to and by other persons, both in Italy and in permitted foreign countries for a temporary period and only in the countries indicated on the green card ”, with Vettura's prior written assent and the payment of the additional amount indicated in this Agreement. It is the precise responsibility of the subjects indicated in the rental contract to know and respect the traffic regulations of the country in which they drive. “ Under no circumstances shall the Vehicle be driven by a person who does not hold a valid driving license issued by at least one year and by persons under 25 years of age. Persons under 25 years of age may drive the Vehicle provided that they have been in possession of a driving license for at least one year and that the additional fee foreseen in the General Terms and Conditions of Rental has been paid. Moreover, the vehicle must not be driven by people under the influence of alcohol or drugs, with the obligation of the customer to verify the conditions of the possible foster. Lastly, the Vehicle must not be used: a. for the transportation of smuggled goods, explosive material or polluting substances which, because of their conditions, can damage the vehicle and obstruct or delay the possibility to be hired again by Vettura; b. for the transportation of passengers or goods for good and valuable consideration; c. to push or tow another motor vehicle or tow vehicle; d. in competitions of any sort whatsoever, whether sportive or not, or for track tests; e. for driving off-road or on roads unsuitable; f. for driving under overload conditions or improperly secured loads; g. for the transportation of packs or postal packages; h. to give driving lessons or driving practice; i. to do sub-rent activities, without the prior written permission of Vettura; j. to circulate in restricted areas, such as, but not limited to, runways or take-off, the streets of airports or adjacent areas; k. for any other use in breach of laws or regulations, or to pursue any other illegal activity.
3. The Customer undertakes to pay and/or reimburse Vettura for any of the following items proven by an invoice: a. a fee for the kilometres travelled by the Vehicle during the rental period, calculated on the basis of the applicable rate; b. a fee calculated on the basis of the rental period. If the Vehicle is returned with more than 59 minutes of delay, Vettura shall be allowed to invoice a further day of car rental; c. an additional fee in the event that the Vehicle is returned to a different location and/or different day from the one agreed upon when the Vehicle was rented; d. any other fee set forth in this Agreement as compensation for additional equipment outfit and/or refund, including additional amounts for reduction/ exclusion of liability for loss and/or theft; e. the cost of refuelling the tank, as well as related services, in the event that the Customer opts to return the Vehicle with less fuel than that received. In the event, however, that the Customer decides to purchase a full tank of fuel at the start of the rental period, the cost of which shall be indicated in this Agreement, the Customer shall not be charged for the cost of such service, but shall not be reimbursed for the remaining fuel. If the Customer travels up to a maximum of 120 km, then, even if the fuel tank indicator shows a full tank, a sum of € 35.00 including VAT will be charged unless, at the time the vehicle is returned, the Customer does not show a refuelling receipt of the petrol station closer to rental location; f. the total amount of any fine, charged to the Customer and/or Vettura, for any violation of the Road Code and/or infringement of other applicable regulations during the rental period, plus the related administrative fee of € 50,00 Vat included for each violation; g. any toll fee and/or parking fee not paid directly by the Customer, plus € 50,00 Vat included for each violation as an administrative fee incurred in dealing with such non-compliance. The Customer shall be directly liable to the Authority imposing a fine, with the exception of violations to the Road Code or other applicable regulations not attributable to the Customer. In the event of seizure or of any other sort of impounding of the Vehicle attributable to the Customer, Vettura shall charge the Customer a daily rental fee for every day of impoundation of the Vehicle as well as any other cost incurred by the latter for the return from the Authorities; h. any expense, including legal fees, which Vettura may incur to obtain payment of any amount due by the Customer; i. all administrative expenses, taxes, surcharges and duties arising from the rental; j. award of damages for losses negligently caused by the Customer to the roof, bottom, upholstery or body of the Vehicle, even if the Customer has paid a premium for reduction or total elimination of economic liability (the so called “Additional Service” described in article 4); k. the amount for the Delivery and/or Collection for each rental starting and/or ending in places other than rental offices Vettura (eg. Hotel, Firms etc.), as specified in the tables available at the offices Vettura; l. the amount due for each rental that starts or ends outside the operating hours observed by rental offices Vettura. The Customer acknowledges that the rental shall terminate on the date and time indicated for return of the Vehicle and its keys to Vettura. Failure to return the keys on the date and time agreed upon shall result in the Customer being charged, as minimum, € 300.00 (excluding VAT Art. 15 Pres. Decree 633/72). The Customer acknowledges, moreover, that if Vettura authorised the Vehicle and keys to be returned out of office hours, such rental shall terminate at the date/hour in which the aforementioned rental office re-opens without prejudice to the Customer's liability for any damages to the Vehicle. In the event of a delay for any reason whatsoever in the payment of any amount due and invoiced, the Customer shall pay Vettura the interest accrued at the official BCE rate applicable at such time, increased by 7 percentage points and always in compliance with the limits established by the law. The Customer undertakes to return the vehicle in time, and in any case within 7 days if so required by vehicle recalls, scheduled maintenance or Vettura'administrative needs. Failure to return the vehicle shall result in the Customer being charged the economic losses that Vettura may prove to have incurred.
4. The Customer shall be held accountable for any damage to the Vehicle, except for any specific liability reductions purchased at the time of the rental. Vettura shall charge the Customer a penalty for compensation of damages in the amount of the Economic Liability indicated in the Rental Agreement. Signing up for the Additional Service that reduces or eliminates damage liability (except for the damage set out in article 3 point j. above) shall not exempt the Customer from his/her ordinary duty of care in driving the Vehicle. Vettura reserves the right to charge the Customer for damages the Customer is responsible for, even if the Customer has signed the additional premium that reduces or eliminates the penalty for economic liability in the event of damages to the vehicle. In such events, The Customer shall retain the right to prove that the damage was caused by reasons not imputable to him/her pursuant to Article 1588 of the Italian Civil Code. Vettura shall charge € 60,00 including VAT for each event as an administration fee for the claim's handling. On return of the vehicle it's customer's responsibility to check in with staff assigned Vettura the state of the vehicle, ensuring and signing any differences than indicated in the form signed by the Customer at the start of rental. The Customer acknowledges that in any case any further charges to repair the vehicle, resulting from “hidden damage” to the body or due to mechanical failure detected by Vettura after the delivery, will be charged to the Customer. If, however, not be made the joint review, the Customer hereby authorizes Vettura to charge him for any damage later found on the vehicle, whilst the above mentioned about any “hidden damage”. The quantification of the damage will be worked out by Vettura on the basis of reparation price lists adopted by the Car Manufacturer at the date of return of the vehicle. The Damage Tables are available on the website www.vettura.eu. The Customer is responsible for total or partial theft of the Vehicle up to the amount indicated in the Rental agreement. The Customer is required to sign up for the Additional Service that reduces the Economic Responsibility in the event of theft, whilst signing up for the Exclusion of that responsibility is optional. The Reduction/Exclusion of Liability for Theft shall not exonerate the Customer from adopting ordinary diligence to avoid theft. In the event of total or partial theft, the amount of € 60,00 including VAT shall in any case be charged as an administrative fee. Vettura reserves the right to charge the Customer, as a penalty, the price of the Vehicle (with reference to Yellow Eurotax) in case of theft, unless the Customer is able to prove that he/she acted with diligently to avoid the theft and that the theft occurred for reasons not imputable to the Customer pursuant to article 1588 of the Italian Civil Code. Without prejudice to the restriction of vehicle circulation in countries not included in this Rental Agreement folder, the Reduction/Exclusion of Economic Liability for Damages, and the Reduction/Exclusion of Economic Liability for Theft shall not apply if travelling to countries other than those specified in the Rental Agreement folder. In such events, the Customer shall, as a penalty, be obliged to reimburse Vettura for damages to the vehicle or, in case of theft, to pay for the commercial value of the vehicle according to the Yellow Eurotax official value in the month and year in which the theft took place. The customer will also be obliged to pay any expenses incurred by Vettura for recovery, repair and repatriation costs of the vehicle regardless of the reason that caused the latch, the maximum amount chargeable to customer will be € 50.000,00 (fifty thousand Euro).
5. With reference to the charges set out in Articles 3 and 4 of this Rental Agreement, the Customer acknowledges that some of them could be detected also after the return of the vehicle, without any forfeiture of the Law terms. The Customer, therefore, by signing this Rental Agreement, expressly agrees that any such charges are charged even after the return of the vehicle, on the Credit Card presented by the Customer at time of rental as a method of payment.
6. All Vehicles are covered by R.C.A. (Third Party Liability) compulsory insurance in accordance with the current laws and in the countries specified in the green card. R.C.A. insurance policy guarantees insurance coverage of Civil Responsibility toward third parties, animals and goods. The Customer may, moreover, take up insurance coverage for injuries to the driver and passengers. The general insurance policy conditions are available to the Customer from Vettura Head Office for examination of the contents thereof. Customer acknowledges that Vettura can never be held responsible for loss or damage to property, goods and/or values transported, abandoned or forgotten in the vehicle, during the time when it is being rented as well as after it has been returned. Without prejudice to the above, if property is found in the vehicle Vettura shall inform the Customer and make the property available to the Customer for collection for a period of 30 days of the end of the rental, after which the property shall be understood to be abandoned.
7. In the event of a road accident, the Customer may obtain a replacement vehicle from Vettura after checking availability. The Customer undertakes to protect the interests of Vettura and its insurance company, undertaking, among other things, to: a. provide the names and addresses of the parties involved in the accident, as well as of the witnesses thereto; b. not admitting to uncertain possible responsibilities or negligence; c. not leaving the Vehicle unattended or without adequate protection; d. give immediate notice of the accident to Vettura, even in the event of minor damages. In order to allow Vettura for a quick start-up of the claim and in any event pursuant to Article 1913 and 1915 of the Civil Code, the Customer undertakes to immediately report in writing to Vettura about the accident within 48 hours (unless there are objective and documentable reasons that impede this), sending the CAI (Constatazione Amichevole di Incidente) form duly completed with the counterparty or a detailed report supported by a diagram of the dynamics of the accident and the details of the counterparty. In order to protect the Customer from potential requests for damage compensation by third parties related to events occurring during rental periods for which the Customer is not responsible, signing the “Compulsory Statement” certifying the involvement or not in an accident at the end of the rental period is mandatory. If such statement does not reflect the true circumstances of the event the Customer shall be prosecuted by the law for false or untrue statements. In the event of disputes with third parties, within and no later than 5 working days from the recorded letter with advice of receipt or certified e- mail sent by Vettura, the Customer undertakes to follow up on specific document requests supplying his/her own further collaboration and providing any elements not yet transmitted to Vettura which may be useful for the proper handling of the defence line. The Customer's failure to comply with this obligation shall render the Additional Service for the Reduction/Exclusion of Liability unusable. Furthermore, any other cost which may arise following requests for damage compensation by third parties and in relation to which Vettura would not be able to produce defence documentation, shall be charged entirely to the Customer. e. under no circumstances shall Vettura guarantee the replacement of merchandise trucks, and strictly forbids that such vehicles be taken abroad unless express authorisation has been given by the rental office in question.
8. The Customer acknowledges that during the winter period part of the national and or international road network requires that winter tyres or snow chains be carried onboard the vehicle; these are available from Vettura. Vettura declines all responsibility if the Customer does not accept such items.
9. Without prejudice to the manufacturer's responsibility for manufacturing flaws and defects and the provisions set forth in Article 1 of this Agreement, Vettura shall apply reasonable care to keep the vehicle fully maintained. If the vehicle should have malfunctions during the rental period, Vettura shall not be held liable in contract or in tort for damages of any nature suffered by the Customer and directly or indirectly due to the aforementioned flaws and defects, unless these events are attributable to Vettura. Vettura shall not be held liable for damages arising from the Customer's failure to diligently comply with maintenance and handling of the vehicle. The Customer undertakes to provide the vehicle with the correct type of fuel and check the engine oil level and all other liquids, once the distance of 1000 km, providing top up if necessary.
10. In case of accident or breakdown the Customer is required to contact Vettura necessarily, at the phone number listed in the Rental Document; cannot be done any work on the vehicle without the prior authorization of Vettura. For any replacement vehicle, subject to vehicles availability and opening hours of the rental office, then the customer will reach the nearest rental location. For any other kind of occurrence, the reimbursement and/or compensation can never exceed the total value of the rental fee, except as provided by the art. 1223 c.c. regarding the damages that are an immediate and direct consequence of what occurred. Vettura reserves the right of not provide a replacement vehicle in case of accident, breakdown, theft, damage or for any other reason at its sole discretion, without having to justify such refusal. No replacement vehicle will be provided in the event of theft or fire occurred in Campania, Puglia, Calabria and Sicily.
11. The Customer undertakes not to assign, sell, mortgage or pledge this Agreement, the Vehicle, the equipment or any other part thereof and not to act against Vettura property rights.
12. Any amendment or addition to these Car Rental Agreement General Terms and Conditions is forbidden.
13. This Car Rental Agreement shall be governed by Italian law.
14. If there is disagreement between the interpretation of the Italian version and this translation of the Car Rental Agreement, the Italian version shall prevail.
15. If the Customer wishes to extend the rental period beyond the term established in this Agreement, an immediate notice shall be sent to the office where the Rental Agreement was executed to obtain authorisation for the extension. The Customer shall be required to comply with the terms and conditions set forth in this Rental Agreement even if Vettura authorises the extension of the rental period.
16. Vettura shall invoice the services provided for in this Rental Agreement to the person entering into the same, unless the latter has signed in the name and on behalf of another person who has duly authorised so. In such a case, this other person shall need to be indicated in the Rental Agreement with signature commitment and without prejudice to commercial agreements as an exception. The Customer acknowledges that a copy of the invoice will be available only if requested at the signing of the Rental Agreement; the invoice data must be provided at the desk before the signing of the contract and cannot be subsequently modified for any reason. Hardcopy invoices may be requested by writing to customerservice@vettura.eu, in such case will be debited a charge fee of € 35,00.
