Autonoleggio Costa Smeralda

Rental General Conditions



GENERAL RENTAL CONDITIONS

  1. VEHICLE DELIVERY
    Cars&bikes (hereinafter called “the Lessor”) shall consign to the lessee (hereinafter called “the
    Renter”) the vehicle specified on the rental agreement. The vehicle, unless otherwise specified on
    the rental agreement, is provided with a full tank of fuel, and must be returned with the same
    amount of fuel at the end of the rental. The vehicle is provided with the accessories indicated in the
    rental agreement and in the related documents, including the insurance certificate. When collecting
    the vehicle, the Renter has the duty to check the status of the vehicle jointly with the Cars&bies
    staff, and is required to promptly report any damage or faults visible from outside and inside the
    vehicle not recorded on the related documents (the so-called “Vehicle Inspection form / Pick-up”).
    T By signing the “Vehicle Inspection form / Pick-up”, the Renter acknowledges that he has received
    the vehicle in good working order and in any case in conditions complying with the conditions
    stated in the signed and accepted form. When returning the vehicle, Renter has the duty to check the
    status of the vehicle jointly with the Cars&bikes staff. Failing that, the Renter recognizes the
    correctness and validity of the check carried out by the Cars&bikes staff. By signing the rental
    agreement, Renter declares to have read and to have received the required explanations and,
    therefore, to know and accept these General Rental Conditions.
  2. LIABILITY INSURANCE POLICY AND PROTECTION AGAINST INJURIES
    The Lessor guarantees that a liability insurance policy with a maximum higher than the limits
    prescribed by law has been subscribed. The insurance policy doesn’t cover neither personal damage
    suffered by the driver nor personal damage due to the Renter’s liability, as specified in the policy
    terms and conditions whose excerpted clauses and conditions relevant for the purposes of this
    agreement are available on the Lessor website www.carsandbikesrent.it and, upon the Renter’s
    request, in hard copy. By subscribing this agreement, the Renter declares to know, accept and
    undertake to respect the above-mentioned clauses and conditions.
  3. REPAIR COSTS HELD BY THE RENTER
    The Lessor shall refund the Renter for all mechanical repairs in consequence of breakdowns, on
    condition that they have happened in Italy and have been authorized in writing by the Lessor
    beforehand and invoiced to Lessor accordingly.
  4. AMOUNTS DUE TO THE LESSOR
    Upon delivery of the vehicle, the Renter undertakes to pay the Lessor:
    a) the deposit for guarantee indicated, according to the rented car group, in the Rental Special
    Conditions, available on the Lessor website www.carsandbikesrent.it and displayed on the Rental
    Agreement.
    b) the rental rate indicated on the contract, other than the amount for any additional services
    required by the Renter and not prepaid, as indicated on the rental agreement.
    When returning the vehicle, the Renter shall pay to the Lessor:
    c) the amount necessary to restore the original fuel tank level, other than the refueling service;
    d) in case of damage or total or partial theft or damage from attempted theft, the relative excess and
    penalties;
    e) any eventual extra day charges;
    f) in case of extra mileage, the amount per km indicated in the rental agreement and in the Special
    Rental Conditions;
    g) the fee related to the drop-off in a different rental location (one-way fee);
    h) the roadside assistance;
    i) any penalties indicated in the Special Rental Conditions, where applicable, and any other amounts
    deriving from any kinds of services used by Renter. The return must take place by the date and time
    indicated in the rental agreement. In case of delay, the Renter 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 case of delay, the Renter undertakes to pay the Lessor an amount equivalent to
    double the rate paid. The Renter undertakes to pay to the Lessor after the vehicle drop-off:
    l) all expenses referred to any traffic fines, unpaid tolls and park-tickets not paid during the rental;
    m) the penalties indicated in the Special Rental Conditions;
    n) any amount due to any other service used by the Renter. The Renter and the Joint guarantor
    (meaning by that the person subscribing the rental agreement as jointly liable of the contract itself)
    using a credit card for payment, accept that all the above-mentioned charges and any delayed
    charges, other than the ones indicated in the present General Rental Conditions, be debited to the
    credit card indicated on the rental agreement. The Renter producing a pre-paid voucher issued by a
    subject different from the Lessor, in case of insolvency on the part of the issuing subject is bound
    jointly with the issuing subject. The Renter is in any case bound to pay to Lessor all the extras
    indicated on the rental agreement.
  5. AUTHORIZATION FOR CHARGES
    Renter and Renter’s joint guarantor agree that:
    a) all the owed charges, directly and indirectly deriving from the rental, even after the billing, be
    debited to the credit card indicated on the rental agreement;
    b) in case of pre-paid rental, all charges referred to extras not included in the pre-paid rate be
    debited.
  6. REAL RIGHTS ON THE VEHICLE
    The Renter recognizes to not have any rights on the rented vehicle, or the accessories supplied, and
    therefore he acknowledges he can’t dispose of it in any way, not even by way of pledge
  7. RENTER’S OBLIGATIONS WHILE DRIVING THE VEHICLE
    The Renter undertakes to drive or use the vehicle with the outmost diligence. Save the proof
    referred to in art. 1588 of the Italian Civil Code, the violation of the rules of the Highway Code and
    / or behavior that is different or contrary to the outmost diligence will result in the Renter being
    charged for any damage caused to the rented vehicle. However, the Renter acknowledges that he is
    fully responsible for the damage suffered by the Lessor consequent to the following cases:
    a) circulation in a country not included in the European Union (driving is however permitted in the
    following countries not included in the EU: Norway, Switzerland and the United Kingdom);
    b) transport of people on behalf of third parties;
    c) subleasing;
    d) pushing or pulling trailers or other vehicles;
    e) driving under the influence of drugs, narcotics, alcohol or toxic substances or other substances
    that may diminish capacity;
    f) participation in races, route tests and / or competitions of any kind;
    g) driving for illegal purposes or contrary to applicable laws and in any case in violation of current
    regulations and the State Highway Code where the vehicle is driven;
    h) driving on rough, unpaved, non-public or “off-road” routes;
    i) driving carried out by a person acting contrary to applicable laws and regulations;
    j) driving carried out by a person not indicated on the frontispiece of the rental agreement;
    k) expatriation of the vehicle for export;
    l) driving lessons or driving exercises;
    m) driving by a person who has provided the Lessor with false information about his age, name or
    address;
    n) driving carried out by a person who does not meet the age requirements relating to the category
    of vehicle rented, indicated in the Special Rental Conditions;
    o) driving carried out by a person without a driving license valid in the State in which the vehicle is
    driven;
    p) violation of the smoking ban inside the vehicle;
    q) incorrect or contaminated refueling;
    r) damage caused voluntarily or through negligence;
    s) damage caused by failure to assess the height of the vehicle and objects protruding from or above
    the roof;
    t) damage caused in violation of the signs of encumbrance and / or danger placed both in public and
    private spaces;
    u) damage caused to the clutch kit or due to overspeed;
    v) damage caused to the roof and underbody of commercial vehicles;
    z) damage caused to the load compartment of commercial vehicles. In case of seizure or
    administrative detention of the vehicle, the Renter undertakes to pay the Lessor, in addition to the
    agreed rental fee, an amount equal to the rate paid for the single day increased by 50% until the day
    on which the authority will release the vehicle to the Lessor.
  8. RENTER’S FURTHER OBLIGATIONS
    The Renter shall undertake:
    a) to provide correct personal details, age, address, and possession of the driving requisites
    prescribed by law; the Renter also undertakes to provide to Lessor a phone number and an e-mail
    address in order to ensure his availability in accordance with the purposes specified in this
    agreement;
    b) to drive and to look after the vehicle, as well as to the accessories provided in an accurate way
    and in conformity with applicable laws;
    c) to ensure the ordinary maintenance of the vehicle, by greasing it and adjusting the level of all
    lubricants, brakes fluid and tyres pressure;
    d) to pay all expenses referred to any traffic fines, unpaid tolls and park-tickets related to the rental,
    and to refund any expenses being sustained by the Lessor, other than penalties, as indicated in the
    Rental Special Conditions;
    e) to exonerate the Lessor from any claims advanced from third parties because of injuries suffered
    by their personal properties or, in any case, properties transported in the rented vehicle;
    f) to verify and sign the “Vehicle Inspection form / Drop-off” form indicating the vehicle conditions
    at the time of return; a failure in signing the “Vehicle Inspection form / Drop-off” will deprive the
    Renter of the right to raise further objections related to possible damage charges;
    g) to sign the form in which he states explicitly to not have suffered or caused any accident, even
    minor, in order to allow Lessor to protect their rights against frauds or unsubstantiated claims;
    h) to return the vehicle to the same rental location, date and time specified on the rental agreement,
    in the same conditions and with the same equipment provided at the pick-up;
    i) to pay a surcharge in case of delivery to a rental location different from the one of pick-up (oneway
    fee);
    l) to return the vehicle as soon as the Lessor should request it; failing that, the Lessor will be
    entitled to recover the possession of the vehicle with all means, even against Renter’s will, and
    completely at the Renter’s expenses. Renter acknowledges that the rental shall start on the date and
    time when the vehicle and its keys are delivered by Lessor and that it shall end on the date and time
    when the vehicle and its keys are returned to the Lessor.
  9. RENTER’S FURTHER OBLIGATIONS IN CASE OF USAGE OF THE OFF-SITE
    COLLECTION SERVICE

    In case of use of the off-site collection service, the Renter undertakes to return the vehicle to one of
    the parking spaces indicated at the signing of the contract; the vehicle return to another
    unauthorized place, will be deemed as abandoning the vehicle: in these circumstances, the Renter
    must pay the Lessor the costs of recovering the vehicle, in addition to the costs related to the days of
    downtime and inactivity, calculated as specified in the General Rental Conditions. The drop-off
    procedure and the subsequent closure of the rental agreement are understood to be correctly carried
    out only if the Renter fulfills the following indications:
    a) to view and accept the amount of the total due to the Lessor, which may include costs initially not
    foreseen in the rental contract, attributable to different decisions by the Renter, the costs of which
    are indicated in the Special Rental Conditions;
    b) to ascertain the condition of the vehicle, indicating the presence of any new damage occurred
    during the rental; where the damages were caused by an accident with the counterparty, the Renter
    undertakes to release a copy of the accident friendly statement form (CAI) on the vehicle seat or in
    the key-box; in the absence of this form, the Renter undertakes to send a declaration to the Renter,
    in the way indicated by the App, within 24 hours after the car return, with an accurate description of
    the places and circumstances that caused the accident and the damage to the vehicle, complete with
    all the data that allow to trace any third parties involved; failing that, the Renter is always
    considered fully responsible for the amount of damage caused to the Lessor;
    c) to make sure that the parking brake has been secured, that all the windows and doors have been
    completely closed, and that all the lights are off;
    d) to recover and bring your personal belongings with you: Cars&bikes will not be held responsible
    for the non-recovery of such objects after the rental contract has been closed, let alone the removal
    by third parties through vehicle break-in
    e) to store the keys under the driver seat of the vehicle. In the event of partial or total noncompliance
    with the procedures for closing the rental contract as outlined above, the same will be
    deemed closed only when the Cars&bikes staff take charge of the vehicle. The Renter is deemed
    responsible for any damage found on the vehicle at the time of taking charge of the vehicle and not
    reported and is also responsible for the removal of the vehicle or parts of the vehicle from any third
    party (windshield wipers, radio antennas, cigarette lighter etc.).
  10. RENTER LIABILITY IN THE EVENT OF A CLAIM AND THEFT AND OPTIONS TO
    REDUCE THE LIABILITY TOWARDS THE LESSOR

    The Renter shall compensate the Lessor for any damage or total or partial theft or damage from
    attempted theft, included the usage of road assistance, save the proof of art. 1588 c.c.
    10.1 CARS
    In the event of damage, the Renter participates in the economic damage suffered by the Lessor for
    the maximum amount indicated in the Special Rental Conditions and on the rental agreement as
    “Excess”, except as provided for by the following art. 11. In the event of total or partial theft or
    damage from attempted theft, the Renter participates in the economic damage suffered by the
    Lessor for the maximum amount indicated in the Special Rental Conditions and on the rental
    agreement as “Excess”, except for the provisions of the following art.11
    The Renter has the right to further limit or eliminate his participation in the economic damage
    suffered by the Lessor by signing a Full Casko insurance.
  11. CAUSES FOR NON-APPLICATION OF ARTICLE 10
    Regardless of what stated by art. 10, the Renter is always fully responsible of the economic damage
    caused to Lessor if at least one of the following circumstances happens:
    a) violation of government regulations and/or the Highway Code of the State where the vehicle is
    driven;
    b) use of the car for a purpose contrary to the law;
    c) use of the vehicle in violation of the provisions of art. 7 of these General Conditions;
    d) car returned damaged without complaint stating how the accident happened and related
    documents, including C.A.I. form (friendly accident ascertainment);
    e) failure to timely notify the competent authorities in case of total or partial theft or vandalism.
    Those circumstances must be proven by fine and/or Renter statement and/or C.A.I. form and/or
    ascertainment by the insurance companies.
  12. RENTER’S DUTY IN THE EVENT OF ACCIDENT
    In the event of accident, the Renter undertakes to:
    a) inform immediately the Lessor and send him the CAI form thoroughly filled in within 24 hours
    or, in the absence of CAI form, a detailed event report;
    b) inform the nearest policy authority;
    c) not release any liability admission/declaration under any circumstances;
    d) take note of the details of all parties involved in the accident, eventual witnesses and also
    insurance companies (name, number of insurance policy, agency) of all vehicles involved;
    e) provide the Lessor with any other useful information;
    f) follow the Lessor’s instructions concerning the provision to be made for custody or repair of the
    vehicle. Failing that, the Renter shall be deemed liable for all damages suffered by the vehicle even
    in case of a potentially active accident. The Lessor doesn’t guarantee vehicle replacement in case of
    accident, damage and, in any case, out of Italy.
  13. RENTER’S DUTY IN THE EVENT OF ACT OF VANDALISM, OR THEFT, PARTIAL
    THEFT OR DAMAGE FROM ATTEMPTED THEFT

    In the event of act of vandalism, or theft, partial theft or damage from attempted theft, the Renter
    must report the facts to the nearest Authorities (Polizia or Carabinieri) and deliver the original
    report to the Lessor;
    a) in case of total theft, the Renter must deliver to the Lessor the original keys of the vehicle and the
    antitheft device, if available, other than the original report. In case of total theft, the Renter shall pay
    the total rental amount other than the related excess until the day Lessor will receive the abovementioned
    report and keys. In case of failure in delivery of report and/or keys, the Renter will be
    charge d for an amount equal to the value of the vehicle and its accessories mentioned on the
    official list (VAT excluded) less 15%;
    b) in case of attempted theft and act of vandalism, failure in delivery of report will result in a
    penalty charged to Renter equal to the whole financial loss suffered by the Lessor.
  14. REMOTE VEHICLE MONITORING
    The Renter expressly and unconditionally authorizes the Lessor, or other person in charge of the
    same, to remotely monitor the proper use and operation of the car rented through satellite systems;
    the Lessor reserves the right to disclose the information to the Judicial Authorities, Insurance
    Companies, Law Firms, Companies specialized in theft and accidents prevention and management,
    and to use or permit its use for any action in its protection. The Renter also declares to be aware and
    accepts that the rented vehicle may be equipped with a remote control unit capable of detecting any
    knocks, lifts and facts potentially attributable to claims with or without counterparty; the Renter
    agrees that the data transmitted by the aforementioned control unit to the Lessor’s IT systems is
    used as a reporting and evidence tool for accidents occurring to the rented vehicle.
  15. CONCLUSION OF THE CONTRACT IN THE NAME AND / OR ON BEHALF OF A
    THIRD PARTY

    Whoever signs this rental contract in the name or on behalf of another person is bound jointly and
    severally with him regarding the obligations of this rental agreement without the benefit of
    preventive enforcement. The Renter who signs the rental contract is in any case liable for the
    behavior of any persons driving the vehicle.
  16. LESSOR’S INDEMNITY
    The Lessor shall not be liable to the Renter, driver or their family members for any damages
    suffered, including economic loss, both for personal injury, subject solely to the latter, the
    application of Articles 33 paragraph 2 letter a) and b) and 36, paragraph 2, letter a) of Legislative
    Decree 205/2006, and for damages resulting from failure or malfunction of the vehicle or car
    accidents. The Lessor shall not even be liable for any kind of damage deriving from theft, riots,
    fires, earthquakes, war or any other Acts of God. In the event of lost and found items, the Lessor
    will notify the Renter, who must provide to recover or ship the item at his own expense; in the event
    that Renter fails to recover or ship within 30 days after the notice, the items will be considered
    abandoned and the Lessor won’t be required to keep or return them.
  17. DELAY INTERESTS
    If payment is not received within the established period, the Lessor is authorized to debit the Renter
    the interest charges, according to D.Lgs. 09/10/2002 nr. 231 and following modifications. The
    application of default interest to the legal extent remains unaffected by the Customer qualifying as a
    “Consumer”.
  18. COMPLAINTS
    The renter is entitled to file any possible complaints within 14 days after the end of the rental; the
    Renter is entitled to file complaints related to charges made by the Lessor only after the payment of
    these charges and within 30 days from the charges date.
  19. TERMS AND CONDITONS AMENDMENTS
    No modification to these Terms and Conditions shall be valid without the consent of a deputy
    provided with a written power of attorney.
  20. CORRECTNESS OF THE CONTENT OF THE RENTAL AGREEMENT
    In case of disputes regarding the correctness of the contents of this agreement, the Lessor’s data
    and documents file will prevail among the parties.
  21. TRANSLATIONS AND PREVAILING VERSION
    In the event of any disputes arising from differences between the Italian version and any other
    translation, the Italian version will prevail, since it expresses the exact will of the parties; any Terms
    and Conditions translation (available on the Lessor website www.locautorent.com and, upon
    Renter’s request, in hard copy at each Lessor rental location) are just a mere translation.
  22. ITALIAN LAW AND LEGAL ACTIONS
    This rental agreement is regulated by the Italian law. Any legal action concerning this agreement
    shall be discussed exclusively in the Court of Tempio Pausania; Renters eligible as “consumers”
    have the option to raise any legal action to the Court where they reside or are domiciled.
  23. PERSONAL DATA MANAGEMENT
    According with the art. 13 UE Regulation n. 2016/679 (“GDPR”) the Lessor will treat the personal
    data provided by the Renter in compliance with current legislation and according to what is reported
    in the Privacy Notice, available on the Lessor’s Internet website www.locautorent.com and
    available in hard copy at each rental location. By signing the rental agreement, the Renter declares
    to acknowledge and accept the Privacy Notice