GENERAL TERMS AND CONDITIONS OF RENTAL
- DELIVERY OF THE VEHICLE
Cars & Bikes (hereinafter referred to as the “Lessor”) shall deliver the vehicle specified in the rental contract to the Lessee (hereinafter referred to as the “Customer”). Unless expressly specified otherwise in the rental contract, the vehicle shall be delivered with a full tank of fuel and must be returned at the end of the rental with the same
quantity of fuel. The vehicle is equipped with the accessories indicated in the rental contract and in the
documents related to it, including the insurance certificate. At the time of the delivery of the
vehicle, the Customer has the obligation to verify the condition of the vehicle in consultation with the staff of
Cars & Bikes, and is required to promptly report any visible damage or anomalies
outside and inside it which are not recorded on the forms (so-called “Condition of vehicle at start of
rental”). By signing the “Condition of vehicle at start of rental” form, the Customer acknowledges
that he has received the vehicle in perfect working order and in any case in the condition
identified in the forms signed and accepted by him. Upon returning the vehicle, the
Customer has the responsibility of verifying the condition of the vehicle in consultation with the staff of Cars &
Bikes. Failing this, the Customer acknowledges the correctness and validity of the findings made by
the staff of Cars & Bikes. By signing the rental contract the Customer declares that he has
read and received the requested explanations and, therefore, that he knows and accepts these
General Terms and Conditions of Rental.
- INSURANCE POLICY AND ACCIDENT PROTECTION
The Lessor guarantees that an insurance policy with third-party liability has been stipulated with a single limit
higher than the legal limits. The insurance policy does not cover damages suffered by the driver or those
caused by the driver’s fault, as specified in the policy, whose clauses and
conditions which are relevant for the purposes of this article can be consulted in extract on the Lessor’s website
www.carsandbikesrent.it, and are also available, upon request by the Customer, in paper copy. By signing
the contract, the Customer declares that he knows, accepts and undertakes to respect the aforementioned
clauses and conditions.
- REPAIR COSTS INCURRED BY THE CUSTOMER
The Lessor undertakes to reimburse the Customer for sums spent on repairs due to breakdowns
of the vehicle, provided that they occurred in Italy, which result from an invoice duly addressed to the Lessor and
which in any case has been authorised in writing by the Lessor beforehand.
- FEES DUE TO THE LESSOR
Upon delivery of the vehicle, the Customer undertakes to pay the Lessor:
a) the security deposit in the amount indicated, based on the category of the rented vehicle,
from the Special Rental Conditions available on the Lessor’s website www.carsandbikesrent.it.
b) the rate provided for in the rental contract and the fee for the additional services requested by the
Customer upon signing the rental contract if these are not prepaid, always as indicated in the
contract itself; Upon returning the vehicle, the Customer undertakes to pay the Lessor:
c) the amount necessary to restore the original fuel level in addition to the supplement for the
relevant refuelling service,
d) in the event of total or partial damage or theft, or damage due to attempted theft, the relevant deductibles
and penalties;
e) any extra rental days;
f) in the event that the distances exceed the mileage included in the agreed rate, the amount per
kilometre indicated in the rental contract and in the Special Rental Conditions;
g) any supplement for return to a point other than the initial one
(one-way rental);
h) roadside assistance;
i) the penalties provided for in the Special Rental Conditions, if applicable, as well as the sums
relating to any other service which the Customer has used. The return must take place by
the date and time indicated in the rental contract. In case of delay, the Customer undertakes to
pay the Lessor an amount equivalent to the rate paid for each rental day
increased by 50%. For rentals lasting less than 24 hours, in the event of a delay the Customer
undertakes to pay the Lessor an amount equivalent to double the rate paid.
After returning the vehicle, the Customer undertakes to pay the Lessor:
l) the amount corresponding to all fines received, and to all motorway tolls and
parking tickets not paid during the rental period;
m) the penalties provided for by the Special Conditions;
n) the sums relating to any other service which the Customer has used. The Customer and the
Joint Obligor (Joint Obligor means the person who signs the contract as jointly and severally liable
for it), who use a credit card for the payment of the fees, accept that all the
aforementioned charges, as well as those indicated hereinafter in these General Terms and Conditions
of Rental, are made to the credit card indicated in the rental contract. If the Customer,
when signing the rental contract, presents a prepaid voucher issued by a
party other than the Lessor, he remains jointly and severally liable with the issuing
party if the amount due is not paid by the party issuing the voucher itself. The
Customer is always and in any case obliged to pay the extras described in the rental contract.
- AUTHORISATION TO CHARGE
The Customer and the Joint Obligor authorise:
a) the charging on the credit card associated/registered in the rental contract of all
amounts which are due, directly or indirectly, pursuant to the rental, even
after the invoicing of the rental fee;
b) in the case of prepaid rental, charging for the extras used, i.e. those additional
services which are not included in the amount of the prepaid rental.
- REAL RIGHTS TO THE VEHICLE
The Customer acknowledges that he does not hold any real rights over the rented vehicle and the
accessories supplied and, therefore, that he cannot dispose of them in any way, not even as a pledge.
- OBLIGATIONS OF THE CUSTOMER WHEN DRIVING THE VEHICLE
The Customer undertakes to drive or use the vehicle with normal due diligence. Save
the proof referred to in art. 1588 of the Civil Code, any violation of the rules of the Highway Code and/or
behaviour which differs from or is contrary to the normal due diligence
will result in the Customer being charged for any damage caused to the rented vehicle. However, the Customer
acknowledges that he is entirely responsible for the damage suffered by the Lessor which results from the
following cases:
a) driving in a country which is not part of the European Union (driving the vehicle is,
however, permitted in the following countries which are not in the EU: Norway, Switzerland and the United Kingdom);
b) transport of persons on behalf of third parties;
c) subletting;
d) pushing or towing trailers or other vehicles;
e) driving under the influence of drugs, narcotics, alcohol or toxic substances or other substances
which can affect a person’s judgement and inhibitions;
f) participation in races, course tests and/or competitions of any kind;
g) driving for illegal purposes or for purposes which are contrary to the applicable laws and in any case in violation of
the current regulations and the Highway Code of the State where the vehicle is being driven;
h) driving on rough, unpaved, non-public or “off-road” routes;
i) driving performed by a person acting in conflict with applicable laws and regulations;
j) driving performed by a person not indicated on the rental contract;
k) expatriation of the vehicle under the export regime;
l) driving lessons or driving exercises;
m) driving performed by a person who has provided the Lessor with false information regarding their age,
name or address;
n) driving performed by a person who does not meet the age requirements relating to the rented vehicle
category, indicated in the Special Rental Conditions;
o) driving performed by a person who does not possess a driving licence valid in the State in which the vehicle is
driven;
p) violation of the ban on smoking inside the vehicle;
q) improper or contaminated refueling;
r) damage caused deliberately or through negligence;
s) damage caused by failure to correctly judge the height of the vehicle and of protruding objects or
objects above the roof;
t) damage caused in violation of obstruction and/or danger signs placed in both
public and private spaces;
u) damage caused to the clutch kit or due to over-revving of the engine;
v) damage caused to the roof and underbody of commercial vehicles;
z) damage caused to the cargo compartment of commercial vehicles. In the event of the seizure or impounding
of the vehicle, the Customer undertakes to pay the Lessor, in addition to the
agreed rental fee, an amount equal to the rate paid for a single day plus 50% until
the date on which the Authorities release the vehicle to the Lessor.
- ADDITIONAL OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to:
a) provide correct information about his personal details, his age, his residential
address, and whether he meets the legal requirements for a driving licence; the Customer also undertakes
to provide the Lessor with his telephone number and email address
in order to guarantee his availability to the Lessor according to the purposes set out in this
contract;
b) drive the vehicle and look after it, along with the accessories supplied, diligently and in
compliance with all legal regulations;
c) ensure routine maintenance of the motor vehicle and check and, if necessary,
adjust the levels of all lubricants, of the brake fluid and
check the tyre pressure;
d) arrange for the payment of any fine imposed on the rented vehicle, the
payment of motorway tolls and charges of any kind relating to parking, during
the rental period and to reimburse the Lessor for any expenses incurred by him, in addition
to the penalties provided for by the Special Conditions;
e) hold the Lessor harmless from any claim made by third parties for damage caused to the
transported goods owned by the aforementioned third parties or which are in any case found on the rented vehicle;
f) verify and sign, upon return of the vehicle, the “Condition of vehicle
at end of rental” form indicating the condition of the vehicle at that moment; failure to sign
the “Condition of vehicle at end of rental” form by the Customer forfeits the Customer’s
right to raise subsequent disputes with respect to the damages charged;
g) sign the appropriate form in which he explicitly declares that he has not suffered or caused any
accident, even a minor one, in order to allow the Lessor to protect its rights against fraud
or unfounded requests;
h) return the vehicle to the same place and by the date and time indicated in the rental
contract, with the same accessories present at the time of delivery and in the same condition
in which it was received;
i) pay a supplement in the case of “one-way rentals”, if the vehicle is returned
to a point other than the point of departure;
l) return the vehicle as soon as the Lessor requests it; in the event of failure to return, the
Lessor has the right to reclaim possession of the vehicle by any means, even against the Customer’s
will and entirely at the Customer’s expense; the Customer acknowledges that the rental begins on the date and
time of the delivery of the vehicle and its keys by the Lessor and ends on the date and time of
its actual return to the Lessor’s staff.
- FURTHER OBLIGATIONS OF THE CUSTOMER IN THE EVENT OF USE OF THE
OFF-SITE REDELIVERY SERVICE
In the event of the use of the off-site return service, the Customer undertakes to return the
vehicle to one of the car parks indicated when signing the contact and to communicate to the Lessor via
telephone that the vehicle has been released. Returning the vehicle to a place other than the one
indicated or to another unauthorised place will be considered as abandoning the vehicle;
in such circumstances, the Customer will have to pay the Lessor the costs of recovering the vehicle, in addition to
the costs relating to the days of downtime and non-use, calculated as specified in the General Terms and
Conditions of Rental. The returns procedure and the subsequent closure of the rental contract
shall be considered correctly carried out only if the Customer fulfils the following instructions:
a) viewing and accepting the calculation of the total due to the Lessor, which may include costs
not initially foreseen in the rental contract, attributable to alternative decisions by the
Customer, the costs of which are indicated in the Special Rental Conditions;
b) verifying the condition of the vehicle, reporting the presence of any new damage which occurred
during the rental; where the damage was caused by an accident with a counterparty, the Customer
undertakes to leave a copy of the accident report (Constatazione Amichevole di Incidente, CAI) form on the seat of the
vehicle; in the absence of this form, the Customer undertakes to send, within 24 hours after
returning the vehicle, a declaration to the Lessor with an accurate description of the places and
circumstances which caused the accident and the damage to the vehicle, complete with all data which
allows any third parties involved to be traced; in the event of failure to comply with this obligation, the Customer
is always considered entirely responsible for the amount of damage caused to the Lessor;
c) ensuring that the parking brake has been engaged, that all windows and doors have been
completely closed and that all lights are off;
d) recovering and taking with him any personal objects: the Lessor cannot be held
responsible for the failure to recover such objects after the termination of the rental contract, nor for
their theft by third parties through breaking in to the vehicle;
e) storing the keys under the driver’s seat. In the event of partial or total failure to comply with
the procedures as set out above, the contract will be considered closed only when the
vehicle is subsequently delivered into the hands of the staff of Cars&bikes. The Customer is responsible
for any unreported damage found on the vehicle at the time of its delivery
and is also responsible for the theft of the vehicle or parts of the vehicle
(windscreen wipers, radio antennas, cigarette lighter etc.) in any capacity by third
parties.
- RESPONSIBILITY OF THE CUSTOMER IN THE EVENT OF ACCIDENT AND THEFT AND OPTIONS FOR
REDUCING THE RESPONSIBILITY OF THE CUSTOMER TOWARDS THE LESSOR
The Customer undertakes to compensate the Lessor for any total or partial damage or theft
or damage from attempted theft, including the use of roadside assistance, without prejudice to the proof referred to in
Art. 1588 of the Italian Civil Code.
10.1 VEHICLES
In the event of damage, the Customer shall share the economic damage suffered by the Lessor for
the maximum amount indicated in the Special Rental Conditions and in the rental contract
as “Excess”, except as provided for in the following art. 11. In the event of total or partial theft or
damage from attempted theft, the Customer shall share the economic damage suffered by the Lessor for
the maximum amount indicated in the Special Rental Conditions and in the rental contract
as “Excess”, except as provided for in the following art. 11. The Customer has the right to further
limit or eliminate his share in the economic damage suffered by the Lessor by taking out
Full Casco insurance.
- CAUSES FOR NON-APPLICATION OF ARTICLE 10
Regardless of the provisions of Art. 10, the Customer is always entirely responsible
for the amount of economic damage caused to the Lessor where at least one of the following circumstances
occurs:
a) the violation of the current regulations and/or the Highway Code of the State where the vehicle
is driven;
b) the use of the vehicle for a purpose which is contrary to the law;
c) the use of the vehicle in violation of the provisions of Art. 7 of these General Conditions;
d) the vehicle being returned damaged without a report certifying the circumstances of the accident and related
documentation, complete with any accident report (Constatazione Amichevole di Incidente, CAI) form;
e) the failure to promptly report to the competent authorities in the event of total or partial theft or
vandalism. These circumstances must be proven by a traffic ticket and/or declaration from the Customer and/or
accident report (CAI) form and/or assessment by the insurance companies.
- OBLIGATIONS OF THE CUSTOMER IN THE EVENT OF AN ACCIDENT
If an accident occurs, the Customer undertakes to:
a) immediately inform the Lessor by telephone, sending him the
accident report (CAI) form filled out in detail in all its parts or, failing that, a detailed report of the
facts, within the following 24 hours;
b) inform the nearest police authority;
c) not issue any declaration of responsibility;
d) take note of the details of all the parties involved in the accident and any witnesses,
including the details of the insurance companies of the vehicles involved (company, policy
number, agency);
e) provide the Lessor with any other useful information;
f) follow the instructions which the Lessor provides regarding the storage and/or repair
of the vehicle. In the event of failure to fulfil even just one of the aforementioned obligations, the Customer is
responsible for all damage suffered by the vehicle, even in the event of a potentially active accident.
The Lessor does not guarantee the replacement of the rented vehicle in the event of an accident, breakdown or
otherwise abroad.
- OBLIGATIONS OF THE CUSTOMER IN THE EVENT OF TOTAL OR PARTIAL THEFT OR DAMAGE FROM ATTEMPTED THEFT OR VANDALISM
In the event of total or partial theft or damage from attempted theft or vandalism, the Customer
undertakes to immediately report the fact to the competent authorities (Police or Carabinieri) and to
deliver the original version of the report to the Lessor.
a) in the event of total theft, the Customer undertakes to hand over to the Lessor, in addition to the original of the
report, the keys to the vehicle and the anti-theft device, if the vehicle is equipped with this; the rental
fee, in addition to the amount of any excess, is due until the date of actual delivery
of the report and the keys. In the event of failure to deliver the report and/or failure
to return the keys, the Lessor will in any case charge the Customer a penalty equal to
the official list value of the vehicle including optional extras (net of VAT) reduced
by 15%;
b) in the event of partial theft, damage from attempted theft and vandalism, in addition to the provisions
above, failure to deliver the original of the report will in any case result in
a penalty being payable to the Lessor which is equal to the entire amount of the economic damage suffered by the Lessor.
- REMOTE VEHICLE MONITORING
The Customer expressly and without reservation authorises the Lessor, or another person appointed by
him, to remotely monitor the movements of the rented vehicle, in order to protect the
Lessor from the commission of crimes to its detriment, through satellite systems; the Lessor also reserves
the right to communicate this data to Judicial Authorities, Insurance Companies, Law Firms,
companies specialised in the prevention and management of thefts and accidents and to use the contents or
have them used for any action for its own protection. The Customer also declares that he is
aware and accepts that the rented vehicle could be equipped with a remote control unit
capable of detecting any impacts, lifting and events potentially attributable to
accidents with or without a counterparty; the Customer accepts that the data transmitted from the aforementioned control unit to the
Lessor’s computer systems will be used as a tool for reporting and proving
accidents occurring to the rented vehicle.
- CONCLUSION OF THE CONTRACT IN THE NAME OF AND/OR ON BEHALF OF A THIRD PARTY
Whoever stipulates the rental contract in the name of 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 this
rental contract, without the benefit of prior enforcement; the Customer who stipulates the
rental contract is responsible in any case for any fact, action or omission attributable to the
driver of the vehicle.
- INDEMNIFICATION OF THE LESSOR
The Lessor is not responsible towards the Customer, the driver or members of their
families for damages of any nature suffered by them, including economic
loss, or for personal injury, without prejudice to the latter, the application of
arts 33 par. 2 letter. a) and b) and 36, par. 2, letter a) of Legislative Decree 205/2006, both for damages
resulting from breakdowns and for defects in the functioning of the motor vehicle or road accidents. In any case, the
Lessor cannot be held responsible for any type of damage occurring as a result of
theft, riots, fires, earthquakes, wars or other causes of force majeure. In the event that
objects are found inside the vehicle, the Lessor will notify the Customer, who will have to
arrange for the recovery or shipment of the object at his own expense; in the event that the Customer does not
arrange for recovery or shipment within 30 days following the notice, the objects shall be considered
abandoned and the Lessor shall not be required to keep them or return them.
- LATE PAYMENT INTEREST
Once the agreed deadline for payment of the sums due has elapsed, the Lessor is authorised to
issue a debit note for late payment interest as provided for by Legislative Decree 09/10/2002 no. 231 and
subsequent amendments. For a Customer who qualifies as a “consumer”,
the application of late payment interest at the legal rate remains unaffected.
- COMPLAINTS
The Customer has the right to make a complaint within 14 days from the end date of the rental for any
disruptions or delays. Any disputes relating to charges, made by the Lessor
for any reason, may only be made after payment of the charges and in any case no later than
30 days after the charge was made.
- MODIFICATIONS TO THESE GENERAL TERMS AND CONDITIONS
No modification may be made to these General Terms and Conditions without the consent of a
representative of the Lessor with a suitable written power of attorney.
- CORRECTNESS OF THE CONTENTS OF THE RENTAL AGREEMENT
In the event of disputes regarding the correctness of the content of the rental contract, the data and
documents contained in the Lessor’s archive shall be considered legally binding between the parties.
- TRANSLATIONS AND PREVAILING VERSION
In the event of discrepancies between the Italian text and the translations into other languages of these General
Terms and Conditions, the Italian text shall prevail, as it expresses the exact will of the parties;
translations of these General Terms and Conditions into languages other than Italian merely represent
a translation.
- ITALIAN LAW AND DISPUTES
This contract is governed by Italian law. For any dispute between the parties relating to the
rental contract, the Court of Tempio Pausania has exclusive jurisdiction;
for a Customer who qualifies as a “consumer”, the jurisdiction of the court of the Customer’s place of residence or
domicile remains unaffected.
- PROCESSING OF PERSONAL DATA
Pursuant to art. 13 of EU Regulation no. 2016/679 (“GDPR”), the Lessor shall process the
data provided by the Customer in compliance with the relevant legislation in force and as reported
in the Privacy Policy, which can be consulted on the Lessor’s website www.carsandbikesrent.it and
is available in paper copy on request. By signing the rental contract, the Customer declares
that he knows and accepts this policy
