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RULES GOVERNING THE RENTAL CONTRACT
RENTAL CARS MONOPOLIES
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SIGNING OF THE CONTRACT
Upon delivery of the vehicle, the following will be required:
- Valid identity card of the driver(s).
- Valid driving license of the driver(s). For residents outside the European Community the International Driving Permit.
- Security deposit of €300.00 by credit card. The deposit will be released at the end of the rental period.
The prices indicated include the following insurance coverages and deductibles:
- TPL INSURANCE: Insurance deductible €600.00 in the event of an accident with fault or contributory negligence
- ROADSIDE ASSISTANCE: FREE WITHIN 50 KM OF THE COMPANY HEADQUARTERS - Car recovery beyond this distance costs €2.00 + 22% VAT. It also includes the use of a taxi service.
- DRIVER AND THIRD PARTY TRANSPORT POLICY: There is no deductible.
- FIRE THEFT POLICY: Insurance deductible of 10% of the value of the vehicle. In the event of theft, the driver is obliged to return the keys, without which a refund from the insurance company will not be possible. In the absence of the keys the customer will be responsible for the entire value of the vehicle.
Additional insurance coverage
- FULL KASCO POLICY: Daily cost and insurance excess to be agreed upon signing the contract.
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Lessor: RENTAL CARS MONOPOLI company of Elena Sardella, owner of the vehicles leased.
Renter: natural person, legal person or company that signs the rental contract with RENTAL CARS MONOPOLI di Elena Sardella.
User: person indicated by the lessee as the driver of the rented vehicle, authorized to drive the vehicle covered by the contract, equipped with a valid driving license for circulation in the Italian state, or with an international driving permit (art. 135 paragraph 1 of the highway code).
Guarantor: natural or legal person or company, having a family or work relationship with the lessee, who guarantees, through his/her income capacity, the costs of any sanctions, deductibles, damages, penalties and liabilities borne by the lessee, if itself does not comply with the contractual commitments.
Car collection: the booked car can be collected starting from 9.30 am unless otherwise agreed and available.
Car return: the car can be returned in the evening by 7.30 pm or in the morning by 9.00 am unless otherwise agreed and available. If the return is late compared to the agreed time, a penalty will be applied.Art.1 – Obblighi cliente/i e/o utilizzatore/i
The lessee and/or user of the vehicles must:
- Issuing a copy of identity documents and tax code, telephone and e-mail numbers and where possible PEC, it is the obligation of the same, in case of change of residence to communicate to the lessor the new address within 2 days;
- Be 21 years old;
- Have a driving license for a rented vehicle issued for at least 12 months;
- Recognize this contract solely as being made available without a driver and therefore the contract itself is absolutely not bound in any way to a service contract regarding the driving or accompanying personnel .
- Use the vehicle only and exclusively within the company, always carrying the original of this contract on board and, in the case of driving by employees of the same company, the job or the last pay slip.
- Do not sublet or rent and do not have the vehicle sublet or rented, even with driver;
- Do not carry out any repair work on the rental vehicle without written consent from the lessor;
- In the event of any faults, immediately inform the lessor following his instructions regarding the repair or replacement of the vehicle;
- Refuel the vehicle using the appropriate fuel, indicating if required the place of refueling in order to activate the possible liability of the service station, maintain the vehicle, in compliance with what provided by art.1176 c.c. checking the fluid level and carrying out appropriate top-ups where necessary;
- Do not use the vehicle for races, tests, competitions, towing, in violation of the highway code and any illicit activity and do not drive under the influence of drugs, narcotics, alcohol and other psychotropic substances;
- Guard the vehicle with maximum safety and diligence, avoiding leaving valuable objects unattended inside the passenger compartment, which in any case remain the responsibility of the lessee and user(s);
- Do not use the vehicle outside national borders, unless expressly authorized in writing by the lessor with relative delivery of the green card attached to the insurance policy;
- Use the vehicle in compliance with the destination indicated on the registration document, with the utmost care and diligence;
- Do not use the vehicle to tow other vehicles or trailers of any kind or kind;
- Do not use the vehicle to transport dangerous goods, explosives, weapons, illicit materials or materials otherwise prohibited by current regulations;
- Do not use or have the vehicle used by personnel not expressly indicated on the rental contract and therefore authorized by the rental company.
Any use of the vehicle, whether unsuitable, not permitted or illegal by contract and/or by law, obliges the guarantor, possibly also jointly and severally with any other user(s) indicated by the same, to compensate for damages resulting from improper use of the vehicle. The leasing company reserves the right to regain possession of the vehicle in any way, place and time in the event of violation of the rules of this article.
Art.2 – Acceptance and return of the vehicle</p >
The lessee collects the vehicle by signing this contract, declaring from now on that the vehicle itself, its equipment and the equipment is in efficient mechanical functioning conditions and in good general condition and undertakes to return them free of any goods or goods with the relevant documents, in compliance with the times indicated in this contract, in the same conditions, except for wear and tear proportionate to the duration and the mileage of the contract. At the time of rental of the vehicle, a specific report regarding the general state of use of the vehicle will be signed jointly between the parties, the same thing will be done at the end of the rental and therefore upon return of the vehicle. In the event that the vehicle is in non-compliant and/or different conditions compared to the time of the start of the rental, the cost of the repair work and of what is necessary for reuse will be charged in full to the lessee and/or guarantor. of the vehicle. In the event of a delay in returning the vehicle, the leasing company has the right, without notice, to recover possession of the vehicle. The detention of the vehicle when the contract has expired or is terminated constitutes misappropriation, pursuant to art. 645 of the Criminal Code, and therefore any civil and criminal liability as well as insurance will be the sole responsibility of the lessor and/or guarantor. In the event of failure to return the vehicle or delay not communicated, the leasing company reserves the right to immediately file a complaint for misappropriation with the competent authorities. In case of early return, no refund will be paid by the leasing company.
Art.3 – Responsibilities of the tenant to the guarantor</p >
The lessee is directly responsible for any damage to the vehicle resulting from the circulation, use and custody of the same and undertakes to compensate the lessor company from any claims of third parties. The lessee and\or guarantor is directly responsible for fines and any charges resulting from violations of the highway code or other provisions of law or regulations, tolls, the cost of parking and in general the sums deriving from driving the vehicle by part of users indicated by him. The leasing company, as owner of the rented vehicles, is considered by law jointly and severally liable with the driver for infringements of the Highway Code. The lessee authorizes the lessor company to re-notify the violations or to send from time to time to the competent authority a request for re-notification of the traffic infringement report to the lessee. In any case, the lessee undertakes to reimburse all expenses incurred by the lessor company for any sanctions, if it does not avail itself of the right of re-notification, including further legal, postal and administrative expenses connected to the request for reimbursement and to indemnify the company lessor from any damage and claims of third parties. The cost of managing each administrative procedure is agreed upon by the leasing company at €25.00 plus VAT. The tenant hereby authorizes the leasing company to charge the aforementioned costs for sanctions and administrative procedures to the credit card used for the rental.
Art.4 – Duration
This contract lasts from the time of day scheduled for delivery of the vehicle and/or user to the time of day scheduled for return to the lessor of the same, which will be indicated on the title page of this contract. Returning the vehicle after the scheduled time will result in an additional day's rental being charged. The lessor has the right to terminate this contract at any time without notice, by registered mail, telegram, fax or certified e-mail in the event that the lessee and/or guarantor are found to be in default of one of their obligations. with this contract.
Art. 5 – Skills: responsibilities and obligations under the law
This contract, as previously specified in art.1 letter. and, has as its sole and exclusive object the rental of vehicles without a driver and consequently, the leasing company is not responsible for users, provided for by art. 1683 et seq. C.C. The responsibility of users is entirely borne by the lessee and/or guarantor. The lessee undertakes to observe and ensure compliance with the law and regulations on the safety of circulation and general use of the vehicle covered by this contract, being personally liable for all violations that are connected with the use of the same, indemnifying and holding the lessor company totally harmless from any liability in general. The lessee and/or guarantor is fully responsible for compliance with the legal and contractual regulations in force regarding the relationship with users who are employed in driving the vehicle covered by this contract without any co-responsibility of the lessor company. In particular, if the vehicle is used by unauthorized and/or unauthorized persons, the lessee and/or guarantor are jointly and severally liable with the users for all damages caused to the lessor company and to third parties, in this case, any action by the insurance company will always be enforced against the tenant and/or guarantor and never and under any circumstances against the lessor company.
Art. 6 – Ordinary maintenance costs
The costs related to ordinary maintenance are borne by the lessor, while the costs related to fuel remain the responsibility of the tenant , top-ups, consumables, coolants, etc. obviously in the case of monthly or multi-brand rental. The lessee, therefore, undertakes to periodically inspect the level of fluids and to verify the correct state of efficiency of the vehicle and is therefore directly and exclusively responsible for any damage to the vehicle and to third parties resulting from inadequate or insufficient prescribed maintenance. In the event that the vehicle requires ordinary and extraordinary maintenance, the lessee-user will be required to strictly observe the instructions given to him by the lessor company, which will be able to carry out the repair work when necessary. The reference workshop will in any case be indicated by the leasing company. During the vehicle's downtime, for any repairs that may become necessary, nothing can be requested or charged by the lessee to the lessor company.
Art. 7 – Responsibilities of the lessor company
All liability of the leasing company for losses and damages resulting from vehicle breakdowns, failure or delayed delivery of the vehicle is excluded of a category different from the one booked, deterioration of goods or damage of any other kind, except in the case of willful misconduct or gross negligence on the part of the same. Any liability for damage to things transported or forgotten on the returned vehicle is excluded, except in the case of willful misconduct or gross negligence. The lessor company cannot be responsible for the failure to perform its obligations due to force majeure, unforeseeable and imponderable events, independent of the will of the parties, which prevents them from fulfilling their obligations.</ p>
Art. 8 – Charges
The lessee and/or guarantor is obliged to pay to the leasing company at the time of release of the vehicle and/or in any case upon request of the lessor company even after the vehicle has been returned:
– any financial penalties chargeable to the lessee for violations of the highway code or of any other nature independent of the user, or for careless reliance of the same (art. 116 paragraph 12 highway code);
– any sum due on the basis of the provisions of this contract (penalties, charges, deductibles) as well as any possible difference arising from the use of a service other than that expected;
– all mechanical and bodywork damages directly resulting from the use of the rental period;</p >
-motorway tolls and fees and charges of any nature deriving from the use of the vehicle;
– tire repair costs in all cases of puncture;
– washing the vehicle upon return;
– It is mandatory to return the keys when returning the vehicle, failing which, the deductible ranges from a minimum by
€500.00 to a maximum of €1,000.00.
Art. 9 – Payment
A credit card will be required to rent the vehicle, the agreed rental fee will be charged upon signing this contract. For multi-monthly rentals the lessee will be required to pay the rent in advance every 30 days from the date of signing this contract, for each day of late payment interest will be applied at the current rate as required by law. In the event of a delay in the agreed payment, the contract is considered terminated but this will not affect the lessor's right to recover accrued and uncollected credits. Early termination of this contract will not result in the refund of payment for unused days.
Art. 10 – Deposit
The lessee and/or guarantor assumes a personal obligation to pay the rental company the deposit which varies depending on the type of vehicle, which includes the deductible of the insurance policy, as partial coverage of any damage caused to the rented vehicle which will be returned to the renter after the joint signing of the vehicle delivery report. The lessee authorizes the leasing company, as of now, to withhold from the aforementioned security deposit the amounts resulting from any fines or damage caused to the vehicle, immediately and at the simple discretion of the leasing company. The lessee also authorizes to immediately collect the deposit in the event of delayed delivery of the vehicle and non-payment. In the event of an accident, the security deposit will be withheld until liability has been ascertained by the insurance company. In the event of return of the damaged vehicle due to the responsibility of the lessee or the responsibility of unknown persons, the security deposit will be retained by the leasing company until the vehicle has been repaired and the responsibilities of the parties have been ascertained.
Art. 11 – RCA insurance coverage, driver, fire and theft, Kasko and embezzlement
In the event of accidents resulting in irreparable damage to the vehicle, the obligations of the lessee, deriving from this contract, will continue to subsist. In the event of an accident, the lessee must immediately inform the lessor, even by telephone, and in any case within 12 hours. It remains his precise task to report to the leasing company on the incident, on the dynamics of the same, to use the forms supplied with each vehicle, filling them out in detail in a legible manner in all their parts. Failure to report the accident within the established deadline will result in the total cost of restoring the vehicle being charged, barring greater damage. In the event of theft, fire, accident, or damage to the vehicle, the lessee will have to reimburse the leasing company the deductible signed on the front page of the same contract. In the event of theft, the lessee is obliged to hand over the ignition key of the vehicle to the lessor; failure to hand it over will result in the full value of the vehicle being charged. In all cases the lessee must actively collaborate with the lessor company in managing the legal proceedings. If this collaboration were to cease, any limitation and/or exclusion of liability of the tenant and/or guarantor for total or partial theft or fire would automatically become ineffective. In the event of misappropriation, the lessee and/or guarantor will be required to pay the leasing company the amount equal to the value of the vehicle as per the yellow eurotax at the time of the appropriation itself. The insurance, nor the lessor company, does not cover damages resulting from improper use of the vehicle, acts of vandalism, damage to the windows, natural events, socio-political events, injuries to the driver and third parties transported, work or other commitments.< /span>
Art. 12 – Serious and/or irreparable accidents
The lessee and/or guarantor undertakes to pay all costs for the restoration of the vehicle and the amount due to injured third parties who have not, for any reason, been fully compensated by the insurance company, who decides to exercise the right of compensation provided for by art.15 of law 24.12.1969 n.990. In the event of an accident due to the responsibility of third parties, the leasing company reserves the right to act directly to recover the damage suffered by the rented vehicle or authorizes the lessee to act, giving him a specific mandate.
Art. 13 – Power of the lessor company
It is the leasing company's right to equip the vehicle, the subject of this rental, with a satellite locator device with engine blocking device from remote, usable at the discretion of the lessor company in all cases of default by the lessee and/or for the forced recovery of the vehicle.
Art. 14 – Jurisdiction
The parties agree that the Judicial Authority of the Court of Bari is exclusively competent for any dispute concerning this contract .
Art. 15 – Confirmatory deposit
When booking the car, the lessor will have to pay a deposit, which will be returned to the lessor only if he cancels no later than 7 days before the rental date of the vehicle.
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