Terms and Conditions

Vettura S.r.l. (hereinafter referred to as "Vettura") rents to the Customer the motor vehicle (hereinafter referred to as "the Vehicle") specified in the "Rental Contract" on the terms and conditions set out in these "General Rental Terms and Conditions" and in the "General Rental Information".

1. At the time of delivery and before collection, the Customer is obliged to immediately report any visible damage and anomalies to the exterior and interior of the Vehicle that are not noted on the Vehicle Forms. Failing this, the Vehicle will be deemed to have been received by the Customer in perfect condition, without prejudice to any reservations regarding the Customer's liability, and in any case in a condition that corresponds to what is noted on the forms signed by the Customer. The Customer undertakes to return the Vehicle in the same condition, except for normal wear and tear in relation to the kilometres travelled, in a clean condition compatible with normal use, with the tyres, equipment, documents and all equipment supplied. The Vehicle shall be returned to a rental office during opening hours in the city where it was rented and on the date and time specified in this Rental Contract, or earlier in the event of early termination of this Contract if the Vehicle is used in breach of its provisions. This contract may be terminated prematurely by Vettura in accordance with art. 1456 of the Italian Civil Code, in the event of the Customer's breach of articles 2 or 3 of this contract, in the event of the Customer's insolvency or in the event of bankruptcy or other insolvency proceedings against the Customer. In any event, Vettura reserves the right to terminate this leasing contract and, if applicable, the commercial contract and any related contracts negotiated with the same Customer, upon prior written notice, in the event of a reduction in the Customer's economic and financial reliability requirements, on which the aforementioned contracts were based. In the event of premature termination of the Contract, the Customer shall return the Vehicle without delay and shall pay the agreed consideration up to the date of redelivery of the Vehicle. Notwithstanding the signing of the conditions referred to in art. 4 below, the Customer will be liable for any damage caused to the Vehicle as a result of improper use or wear and tear disproportionate to the kilometres travelled, on a daily basis or during the reference period, as well as, by way of a special penalty not subject to reduction of equity, the commercial value of the Vehicle if, in the event of theft, he/she fails to return the keys to the Vehicle or fails to hand over to Vettura the original theft report immediately filed with the judicial authorities; the report must be filed by the Customer within 24 hours of the event, except in cases of proven hardship. The provisions in the event of theft, with the exception of the obligation to notify the judicial authorities, shall also apply in the event of fire, to the extent compatible. Vettura shall not be liable for any damage caused by the Customer's failure to comply with his duty of care in the maintenance and use of the vehicle and reserves the right to charge as a penalty any damage caused to the vehicle that is in any case related to the Customer's manifest intent and/or gross negligence in the use of the vehicle. This is without prejudice to the Customer's right to prove that the damage was caused by causes not attributable to him, in accordance with article 1588 of the Italian Civil Code. If there is more than one rental agreement between Vettura and the Lessor, and the former terminates a rental agreement without notice for a serious and justified reason, the latter may also terminate the other rental agreements between the parties without notice if it considers that their continuation is impossible due to the bad faith and/or seriousness of the breach and/or behaviour of the Lessor. If, during the rental period, repairs are required to keep the Vehicle in good working order and roadworthy, or if the scheduled periodic inspection of the Vehicle is required, the Lessee may call in a partner garage up to a maximum of the estimated cost of the repair of EUR 100.00. If the estimated repair costs exceed this amount, the Lessee must immediately inform Vettura in accordance with the following articles.

2. The vehicle may only be driven by the Customer, who is the holder of this Rental Agreement, or by other persons, both in Italy and in the foreign countries authorised by Vettura, on a temporary export basis and only in the countries indicated on the Green Card, with the prior written consent of Vettura and against payment of the additional charges indicated in this Agreement. It is understood that it is the precise responsibility of the parties named in the rental agreement to be familiar with and comply with the road traffic regulations of the country in which they are driving. Under no circumstances may the vehicle be driven by persons who do not hold a valid driving licence issued at least one year previously and/or by minors under the age of 25. Driving by minors under the age of 25 is permitted if they have a valid driving licence issued at least one year previously and upon payment of the additional fee as specified in the Rental Terms. Furthermore, the vehicle must not be driven by a driver in a state of drunkenness or unconsciousness due to the abuse of alcohol or drugs, with the Client being obliged to check the personal condition of the possible custodian beforehand. Finally, the vehicle must not be used: a) for the transport of contraband, explosive or polluting materials, or materials which, due to their nature, may damage the vehicle and/or impair/delay the possibility of returning it to the vehicle; b) for the transport of passengers or goods against payment; c) for pushing or towing another vehicle or trailer; d) in competitions of any kind, whether sporting or not, or for route tests; e) for driving on unsuitable roads or "off-road"; f) for driving with overloaded or improperly secured loads; g) for the transport of parcels or postal packages; h) for giving driving lessons or practising driving; i) for subletting without Vettura's consent; j) for driving on public roads or "off-road"; i) for subletting without the prior written consent of Vettura; j) for driving in prohibited areas, such as, but not limited to, runways, airport service roads and/or adjacent areas; k) for any other use in violation of laws or regulations or for any illegal purpose. Depending on the vehicle category and individual booking, the use of rental vehicles in certain foreign countries may be prohibited. The restrictions in force are indicated in the General Rental Information, which can be consulted at the rental offices or at the following Internet address: www.vettura.eu/en/legal/general-rental-information. For each culpable violation of the requirements for use abroad, the Customer is obliged to pay a penalty of € 500.00. In addition to the payment of the contractual penalty, Vettura may claim compensation for further damage. In this case, the claim for the contractual penalty shall be set off against the claim for further damages for the same breach of duty.

3. At the beginning of the rental period, the Customer is obliged to pay a deposit to guarantee the fulfilment of his/her contractual obligations. The amount of the deposit depends on the vehicle group to which the rented vehicle belongs. The table "Deposits and Excesses" can be found at: www.vettura.eu/en/legal/security-deposit-and-excess. The vehicle group is indicated in the booking confirmation, in the rental agreement and can be requested by telephone at any rental station. The Customer undertakes to pay and/or reimburse to Vettura, upon receipt of the invoice, the following: a) the charge for the kilometres travelled by the Vehicle during the rental period, calculated according to the applicable rate; b) the charge calculated according to the duration of the rental period. In the event of a delay of more than 59 minutes, Vettura is entitled to charge an additional day's rental; c) the additional charge if the Vehicle is returned to a different location and/or on a different day from that agreed at the start of the rental; d) any other sums provided for in this Contract by way of compensation for optional equipment and/or reimbursement, including the additional sums provided for to reduce/eliminate liability for damage and/or theft; e) the cost of refilling the fuel and the corresponding refuelling service if the Customer chooses to return the Vehicle with a lower quantity of fuel than that received. On the other hand, if the Customer agrees to purchase a full tank of fuel at the beginning of the rental period, the cost of which is indicated in this Contract, the refuelling service will be free of charge, but the remaining fuel will not be reimbursed. On the other hand, if the Customer drives up to a maximum of 120 km, even if the fuel gauge indicates a full tank, the amount of €35.00 inclusive of VAT will be charged at the end of the contract, unless the Customer presents, upon return of the vehicle, the receipt for the refuelling carried out in the immediate vicinity of the rental office; f) the amount of fines imposed on the Customer and/or the vehicle for violations of the Highway Code or other applicable regulations committed during the rental period; g) any amount related to motorway tolls and/or parking fees not paid directly by the Customer. The Customer shall be directly liable to the authority that imposed the fine, except in the case of violations of the Highway Code or other applicable regulations that are not attributable to the Customer. h) all costs - including legal costs - that Vettura may incur in order to obtain payment of the sums owed by the Client, for whatever reason; i) all administrative costs, taxes and levies arising from the rental; j) compensation for damage caused by negligence, even if the Client has paid the amount for the reduction or total elimination of economic liability (so-called Additional Service); i) all administrative costs, taxes and levies arising from the rental; j) compensation for damage caused by negligence, even if the Client has paid the amount for the reduction or total elimination of the economic liability (the so-called Additional Service, as referred to in Art. 4 below); k) The charge for delivery and/or collection for any rental that begins and/or ends in places other than the Car Rental Offices (e.g. hotels, companies, etc.); l) The charge for any rental that begins or ends outside the hours observed by the Car Rental Offices. The Customer acknowledges that the rental period ends on the date and time of receipt of the vehicle and its keys by Vettura; failure to return the vehicle keys at the end of the rental period will result in an automatic minimum charge of € 400.00 (excluding VAT art. 15 D.P.R. 633/72). It is also agreed that if the return of the vehicle and its keys is authorised by Vettura during the closing time of the rental office, the rental period will end on the date and time of the reopening of the rental office, without prejudice to the Customer's liability for any damage to the vehicle. In the event of late payment of any amount due and invoiced, for whatever reason, the Client shall owe Vettura interest at the current ECB rate plus 7 percentage points, always within the legal limits. The Customer undertakes to return the Vehicle immediately, and in any case within 7 days, if requested to do so for reasons relating to recall campaigns, scheduled maintenance or Vettura's administrative requirements.

Failure to return the vehicle will result in the Customer being charged for the proven financial loss suffered by Vettura. In the case of bookings made by remote means of communication (e.g. website, app, e-mail, telephone, etc.) or outside Vettura's rental offices, the right of withdrawal is excluded pursuant to art. 59, letter n) of Legislative Decree 6.9.2005 no. 206 (Consumer Code), if applicable. In the case of prepaid bookings, the Customer makes an irrevocable proposal to Vettura to conclude a rental contract at the pick-up location and to take delivery of the vehicle within one hour of the agreed time. If Vettura accepts the proposal, the Customer undertakes to pay by credit card an amount corresponding to all the services selected, including VAT. Vettura will then send the Client a voucher to be presented at the time of signing the rental agreement. When the vehicle is collected, Vettura and the Client will sign the relevant Rental Agreement, which is subject to these General Rental Terms and Conditions. If the Client does not collect the vehicle or does not arrive at the agreed time and place, Vettura will retain the amount paid by the Client as a penalty.

In the event of cancellation of a booking by the Client, for "Prepaid" or "Pay at the Counter" bookings made through Vettura's direct channels (Vettura's website or Vettura's Booking Centre), if the cancellation is made at least 48 hours prior to the scheduled pick-up time (taking into account the local time of the pick-up location), the Client will receive a full refund of the amount paid in the form of a credit for future bookings or, if he/she so wishes, a refund directly to his/her card. If the cancellation is requested less than 48 hours before the pick-up time (taking into account the local time of the pick-up location), Vettura will retain as a penalty 70% of the total amount paid by the Client as a deposit and/or the full amount paid, if any; for "Prepaid" or "Pay at the Bank" bookings not made through Vettura's direct channels (Vettura's website or Vettura's Booking Centre), the cancellation request must be addressed to the sales intermediary (broker, travel agency) and the seller's cancellation conditions will apply. In the unfortunate event that Vettura does not make a vehicle available to the Customer at the agreed time, the Customer shall be entitled to a double refund of any deposit paid in accordance with article 1385 of the Italian Civil Code.

4. The Customer shall be liable for any damage to the Vehicle, except for the specific liability reductions purchased at the time of rental. Vettura will charge, by way of penalty, the amounts up to the economic liability indicated in this contract as compensation for the damage suffered. The conclusion of the additional service that reduces or eliminates the liability for damages (with the exception of the damages referred to in article 3, paragraph j.) does not release the Customer from the obligation to use the vehicle with due care. Vettura reserves the right, as a penalty, to charge the Client for any damage attributable to the Client's responsibility/negligence, even if the Client has subscribed to the additional service that reduces or eliminates the penalty for financial liability for damage to the Vehicle. This is without prejudice to the Customer's right to prove that the damage was caused by causes not attributable to him/her, in accordance with Article 1588 of the Civil Code. Upon return of the Vehicle, the Customer is obliged to check the condition of the Vehicle with the personnel in charge of the Vehicle, noting and signing any discrepancies with the information provided on the special form signed at the beginning of the rental period. However, the Client acknowledges that any additional repair costs resulting from "hidden damage" to the bodywork and/or mechanics, and therefore discovered by Vettura after the return of the Vehicle, will be charged to the Client. If, for whatever reason, the joint inspection is not carried out, the Client hereby authorises Vettura to charge him for any damage that is subsequently found on the vehicle, without prejudice to the aforementioned "hidden damage". Vettura will quantify the damage on the basis of the repair price lists adopted by the manufacturers on the day the vehicle is returned. The tables for estimating the damage found are published on the website: www.vettura.eu. The Customer shall be liable for the total or partial theft of the Vehicle up to the amount specified in the Rental Agreement. The Customer shall be jointly and severally liable for the conduct of the driver on the same basis as his own conduct. All rights and obligations arising from these General Rental Terms and Conditions, as well as from the relevant individual Rental Contracts, shall be for the benefit and at the expense of the driver using the Vehicle under the Rental Contract concluded between the Client and Vettura. The Client is therefore obliged to indemnify and hold Vettura harmless from any claims by the authorities and/or third parties against Vettura for any fines and/or penalties relating to the rental period. The Client is obliged to subscribe to an additional service, possibly provided by the insurance company, which limits the financial liability in the event of theft, while the subscription to the elimination of the financial liability in the event of damage is optional. The limitation/reduction/elimination of liability for theft does not exempt the Customer from exercising due care to prevent theft of the Vehicle. Vettura reserves the right to charge the value of the vehicle (Eurotax Yellow reference) as a penalty in the event of theft, unless the Customer can prove that he/she exercised all due diligence to avoid the event that occurred for reasons beyond his/her control, in accordance with article 1588 of the Italian Civil Code. Without prejudice to driving bans in countries not covered by Vettura, which are listed in the General Rental Information and can be consulted at Vettura rental offices or at the following web address: www.vettura.eu/en/legal/general-rental-information, The reduction/elimination of the financial liability for damage and the reduction/elimination of the financial liability for theft do not apply in the event of travel to countries other than those authorised for the Vehicle. In such cases, the Customer shall be obliged to pay, by way of a special penalty not attributable to equity, full compensation for the damage caused to the Vehicle or, in the event of theft, the commercial value of the Vehicle according to the official Eurotax Yellow quotation for the month and year in which the theft occurred. The Client is also obliged to reimburse Vettura for any expenses incurred by Vettura in the recovery, repair and return of the Vehicle, regardless of the reason for its immobilisation, up to a maximum of €50,000.00 (fifty thousand euros). The Client irrevocably authorises Vettura and the parties authorised by Vettura to charge the means of payment indicated at the time of the conclusion of the rental agreement, or indicated on the agreement itself, or subsequently provided or otherwise indicated, for all expenses incurred for the rental of the Vehicle and the other charges arising from the rental agreement, in accordance with these General Rental Terms and Conditions. The Client must provide Vettura with specific authorisation to use a credit card in his name.

5. With regard to the charges referred to in articles 3 and 4 of the present Rental Contract, the Customer acknowledges that some of them may be discovered even after the return of the Vehicle, without any forfeiture of the legal provisions. Therefore, by signing the present Rental Contract, the Customer expressly accepts and formally authorises any such charges to be debited, even after the return of the Vehicle, to the credit card presented by the Customer as payment method at the time of rental.

6. All vehicles are covered by compulsory third party insurance in accordance with the laws in force in the countries listed on the Green Card. The A.C.L. policy covers civil liability towards third parties, animals and property. The general terms and conditions of the policy are available for inspection by the Client at Vettura's rental offices. The Client acknowledges that Vettura can never be held liable for loss or damage to property, goods and/or valuables transported, left or forgotten in the vehicle, either during the rental or after its return. Notwithstanding the foregoing, if goods are found in the Vehicle, Vettura undertakes to notify the Client and to keep them available for collection for 30 days after the end of the rental period, after which they will be considered abandoned.

7. In the event of a claim, the Client may obtain a replacement vehicle from Vettura, subject to availability. In any case, the Client formally agrees and undertakes to protect the interests of Vettura and its insurance company and undertakes, among other things, at the time of the claim and without delay: a) to provide the names and addresses of the parties involved in the claim and of witnesses; b) not to admit any liability or fault that he/she is not sure of; c) not to leave the vehicle unattended and without adequate protection; d) to report the claim immediately by telephone to the nearest Vettura rental office, even in the case of minor damage. In order to enable Vettura to open the claim file as soon as possible, and in any case in compliance with the provisions of articles 1913 and 1915 of the Italian Civil Code, the Customer is obliged to notify Vettura of the claim in writing immediately, and in any case within 48 hours (except in the case of objective and documented impediments), by sending the CAI form (Constatazione Amichevole di Incidente), fully and correctly completed with the counterparty, or a detailed report accompanied by a diagram of the dynamics and data of the counterparty. In order to protect the Customer from any claims for damages by third parties relating to events that occurred during the rental period and for which the Customer is not responsible, the Customer must, if requested, sign the "Compulsory Declaration" form at the end of the rental period, certifying whether or not the Customer has been involved in an accident. If this declaration does not correspond to the actual events, the customer will be prosecuted to the full extent of the law for false and misleading declarations. In the event of a dispute with a third party, the Customer undertakes, within 5 (five) working days at the latest from the date of the registered letter with acknowledgement of receipt or by means of a PEC sent by Vettura, to comply with specific requests for documentation, to provide his further cooperation and to send all the elements of which he is aware and which are useful for the correct management of the defence. Failure on the part of the Customer to comply with these obligations shall invalidate the additional service for the reduction/elimination of liability for damages subscribed to by the Customer. Furthermore, any costs incurred as a result of a claim by a third party and for which Vettura is unable to provide documentation to defend itself will be charged in full to the Customer.

8. The Client acknowledges that, during the winter period, it is compulsory to fit the Vehicle with winter tyres or chains, devices provided by Vettura, on a part of the national and/or international road network. Vettura declines all liability if the Client does not intend to use these devices.

9. Without prejudice to the liability of the vehicle manufacturer for construction defects and to the provisions of article 1 of this contract, Vettura shall take all reasonable care to maintain the vehicle in perfect working order. Should the Vehicle break down during the rental period, Vettura shall not be liable for damages of any kind, contractual or non-contractual, direct or indirect, suffered by the Client and resulting directly or indirectly from the aforementioned breakdowns, unless such events are attributable to Vettura. In any case, Vettura shall not be liable for damage resulting from the Client's failure to exercise due care in the maintenance and driving of the Vehicle. The Client undertakes to refuel the Vehicle with the correct type of fuel and to check the level of engine oil and all other fluids once the mileage has exceeded 1,000 kilometres and to top up if necessary. Vettura shall be liable in the event of intent or gross negligence on the part of Vettura, its representatives or agents, as provided for by current legislation. Claims for damages for breach of essential contractual obligations shall be limited to contractually foreseeable damage. Vettura shall not be liable for items left in the vehicle when it is returned; this waiver shall not apply in the event of intent or gross negligence on the part of Vettura, its representatives or agents.

10. In the event of an accident or mechanical failure, the Client must contact Vettura at the telephone numbers indicated in the Rental Contract; no work may be carried out on the Vehicle without prior authorisation from Vettura. The Client must then contact the nearest Vettura branch for the replacement of the vehicle, which may be subject to availability and the opening hours of the Vettura branches. For any other type of event, the reimbursement and/or compensation shall never exceed the total value of the rental, without prejudice to the provisions of article 1223 of the Italian Civil Code regarding damages that are a direct and immediate consequence of the event. Vettura reserves the right not to provide a replacement vehicle in the event of an 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 in Campania, Apulia, Calabria, Sardinia or Sicily.

11. The Customer undertakes not to assign, sell, mortgage or pledge the Rental Contract, these General Rental Terms and Conditions, the Vehicle, its equipment or any other part of it, or in any way to act in a way that may conflict with Vettura's property rights.

12. No variation to the Rental Agreement or these Terms and Conditions may be made unless in writing.

13. The rental contract and these general rental conditions are governed by Italian law. The sole place of jurisdiction is Tempio Pausania.

14. In the event of any discrepancy between the Italian version and any translation of the Rental Contract and/or the General Terms and Conditions, the Italian version shall prevail.

15. If the Client wishes to extend the rental period beyond the period specified in the terms and conditions of the Rental Agreement, he must immediately notify Vettura's rental office in order to obtain authorisation for the extension. The Client must comply with the terms and conditions set out in the Rental Agreement, even if Vettura has authorised the extension of the rental period.

16. Vettura shall invoice the services under the Rental Agreement to the signatory of the Rental Agreement, unless the signatory concludes the Rental Agreement in the name and on behalf of another party who has duly authorised him to do so. In this case, such other party shall be named in the Rental Agreement with the obligation to sign it and without prejudice to any commercial agreements to the contrary. The Customer acknowledges that a copy of the invoice will only be available if requested at the time of signing the Rental Contract; the invoice details must be provided at the counter at the time of signing the Rental Contract and may not be subsequently modified for any reason whatsoever.