1. DELIVERY OF THE VEHICLE
RIM (hereinafter referred to as “Lessor”) delivers to the Lessee (hereinafter referred to as “Customer”) the vehicle specified in the rental agreement. The vehicle, unless expressly and otherwise specified in the rental agreement, is delivered with a full tank of fuel and must be returned at the end of the rental with the same amount of fuel. In the event that the Customer has purchased the Prepaid Full Fuel service, he can return the vehicle with any level of fuel; fuel not consumed will not be refunded. The vehicle is equipped with the accessories indicated in the rental agreement and in the documents connected to it, including the insurance certificate. Upon delivery of the vehicle, the Customer has the responsibility of checking the condition of the vehicle in consultation with the staff of the rental station, and is required to promptly report any damage and anomalies visible outside and inside the same, and not recorded on the forms (so-called “Vehicle status at the beginning of the rental”). This burden also exists where the Customer uses methods of accessing the digital service and / or not assisted by the staff of the rental station. By signing the “Vehicle status at the start of the rental” form, the Customer acknowledges that he has received the vehicle in perfect order and in any case in conditions that comply with what was found in the forms he signed and accepted. Upon return of the vehicle, the Customer has the responsibility of checking the condition of the vehicle in consultation with the staff of the rental station. This burden also exists where the Customer uses methods of accessing the digital service and / or not assisted by the staff of the rental station. Failing this, the Customer acknowledges the correctness and validity of the surveys carried out by the staff of the rental station. By signing the rental contract, the Customer declares to have read and received the required explanations and, therefore, to know and accept these General Rental Conditions.
2. INSURANCE POLICY AND ACCIDENT PROTECTION
The Lessor guarantees that a third party liability insurance policy has been stipulated with a single maximum limit exceeding the legal limits. The insurance policy does not cover damages suffered by the driver nor those caused by the responsibility of the driver, as specified in the policy whose clauses and conditions relevant for the purposes of this article can be consulted in extract form on the Lessor’s website WWW.RIMAUTONOLEGGIO.IT and available, at the request of the Customer, in hard copy at each rental station of the Lessor. By signing the contract, the Customer declares to know, accept and undertake to comply with the aforementioned clauses and conditions. At the request of the Client, the Lessor is available to provide an additional Accident Protection Service (PAI) which also covers damages suffered by the driver directly, within the limits and conditions available for consultation on the Lessor’s website WWW.RIMAUTONOLEGGIO.IT and available, at the request of the Customer, in hard copy at each rental station of the Lessor, which the Customer, by signing the contract, declares to have read, known, accepted and undertakes to respect. This additional service also eliminates liability for damage to the vehicle interior caused and / or connected to the accident suffered by the driver.
3. REPAIR EXPENSES INCURRED BY THE CUSTOMER
The Lessor undertakes to reimburse the Customer for the sums spent for repairs due to vehicle breakdowns, as long as they occurred in Italy, and resulting from an invoice duly registered to the Lessor and in any case previously authorized in writing by the Lessor.
4. FEES DUE TO THE LESSOR
Upon delivery of the vehicle, the Customer undertakes to pay the Lessor:
- a) the security deposit to the extent indicated, based on the category of the rented vehicle, by the Special Rental Conditions available on the Lessor’s website WWW.RIMAUTONOLEGGIO.IT and reported on the rental agreement. In case of use of access methods to the digital service and / or not assisted by the staff of the rental station, the
The Customer acknowledges and accepts that the payment of the security deposit through the digital tools provided by the Lessor is an essential obligation for the provision of the service and that the relative non-fulfillment will make it impossible to collect the vehicle, the cancellation of the reservation and the charge. the relative penalties provided for by the Special Rental Conditions.
- b) the rate foreseen in the rental agreement and the consideration for the additional services requested by the Customer to signing of the rental contract if not prepaid always as indicated in the contract itself;
Upon return of 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 related refueling service, unless the Customer has purchased the Prepaid Full Fuel service;
- d) in the event of damage or theft, the relative deductibles and penalties;
- e) any extra rental days;
- f) in case of distances exceeding the mileage included in the agreed rate, the amount per kilometer indicated in the rental agreement and in the Special Rental Conditions;
- g) any surcharge for redelivery at a station other than the initial one (one-way trip);
- h) roadside assistance;
- i) the penalties provided for in the Special Rental Conditions, if applicable, as well as the amounts relating to any other service that the Customer has used.
The return must take place by the date and time indicated in the rental agreement. In case of delay, the “Return Tolerance” indicated in the Special Rental Conditions applies. Delays greater than the “Tolerance to redelivery “indicated in the Special Rental Conditions will result in the charge of an additional rental day at the rate paid for the single day plus 50%. For delays of more than 24 hours, an amount equal to the rate paid for the single day increased by 100% will be charged for each day or part of the day. After the return of the vehicle, the Customer undertakes to pay the Lessor:
- l) the amount corresponding to all fines received, motorway tolls and unpaid parking tickets during the rental period;
- m) the penalties provided for by the Special Conditions;
- n) the amounts relating to any other service that the Customer has used.
The Customer and the Co-obligated (Co-obligated means the one who signs the contract as jointly and severally liable) who use a credit card for the payment of the fees, accept that all the aforementioned charges, as well as those indicated below in these Conditions General Rental, are made on the credit card indicated in the rental agreement. The Customer who, upon signing the rental agreement, presents a prepaid voucher issued by a person other than the Lessor is always and in any case jointly and severally liable with the issuer if the amount due is not paid by the issuer of the voucher itself. The Customer is always and in any case obliged to pay the extras described in the rental contract.
5. AUTHORIZATION OF CHARGES
The Client and the Co-obligator authorize:
- a) the debit on the credit card associated / registered in the rental agreement of all amounts that are due, directly or indirectly, by virtue of the rental, even after the invoicing of the amount of the same;
- b) in the case of prepaid rental, the charge for the extras used, that is, for those additional services not included in the amount of the prepaid rental.
6. RIGHTS IN THE VEHICLE
The Customer acknowledges that he is not the owner of any right on the rented vehicle and on the accessories supplied and, therefore, of not being able to dispose of it in any way, not even as a pledge.
7. OBLIGATIONS OF THE CUSTOMER IN DRIVING THE VEHICLE
The Customer undertakes to drive or use the vehicle with the diligence of a good family man. Without prejudice to the evidence referred to in Article 1588 of the Italian Civil Code, the violation of the rules of the Highway Code and / or behaviors that are different or contrary to the diligence of the good father of a family, will result in the Customer being charged for any damage caused to the rented vehicle. .
In any case, the Customer acknowledges that he is entirely responsible for the damage suffered by the Lessor resulting from the following cases:
- a) circulation in a country not included in the European Union (the driving of the vehicle is however permitted in the
- following countries not included in the EU: Norway, Switzerland and the United Kingdom); b) transport of persons on behalf of third parties;
- c) sublease;
- d) pushing or pulling trailers or other vehicles;
- e) driving under the influence of drugs, narcotics, alcohol or toxic substances or other substances suitable for reducing ability to understand and will of man;
- f) participation in races, track tests and / or competitions of any kind;
- g) driving for purposes that are illegal or contrary to applicable laws and in any case in violation of current regulations and the Code
- of the Strada dello Stato where the vehicle is driven;
- h) driving on uneven, unpaved, non-public or “off-road” routes;
- i) driving performed by a person acting in contrast with applicable laws and regulations;
- j) driving performed by a person not indicated in the title page of the rental contract;
- k) expatriation of the vehicle under the export regime; 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 performed by a person who does not possess the age requirements relating to the category of vehicle rented, indicated in the Special Rental Conditions;
- o) driving performed by a person without a valid driving license in the State in which the vehicle is being 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 or overhanging the roof;
- t) damage caused in violation of the signs of encumbrance and / or danger placed in both public and private spaces;
- u) damage caused to the clutch kit or engine overspeed;
- v) damage caused to the roof and underbody of commercial vehicles;
- z) damage caused to the load compartment of commercial vehicles, where the Customer has not purchased the “SecurLoad” service. In case of seizure or administrative detention 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 the single day increased by 50% up to the day on which the Authority releases the vehicle to the Lessor.
8. FURTHER OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to:
- a) provide correct information on their personal details, their age, their residential address, and on the ownership of the legal requirements for driving license; the Customer also undertakes to provide the Lessor with his telephone number and e-mail address in order to guarantee the Lessor his availability according to the purposes set out in this contract;
- b) drive the vehicle and store it together with the accessories supplied, diligently and in compliance with all legal regulations;
- c) ensure routine maintenance of the vehicle and check and possibly adjust the levels of all lubricants, brake oil and tire pressure control;
- d) provide for the payment of any fines imposed on the rented vehicle, the payment of motorway tolls and charges of any nature deriving from parking, during the rental period and to reimburse the Lessor for any expenses incurred by them, 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 latter or in any case found on the rented vehicle;
- f) check and sign, upon return of the vehicle, the form “Vehicle status at the end of the rental” indicating the status of the vehicle at that time; failure by the Customer to sign the “Vehicle status at the end of the rental” form causes the Customer to forfeit the right to raise subsequent complaints with respect to the damages charged;
- g) sign the appropriate form in which he explicitly declares that he has not suffered or caused any loss, even of a minor nature, in order to allow the Lessor to protect his rights against fraud or unfounded requests;
- h) return the vehicle in the same place and by the date and time indicated in the rental agreement, with the same accessories present at the time of delivery and in the same state in which it was received;
- i) pay a supplement in the case of “one-way trips”, if the vehicle is returned to a station other than that of departure; return the vehicle as soon as the Lessor requests it; in case of failure to return, the Lessor has the right to recover possession of the vehicle by any means, even against the will of the Customer and entirely at the expense of the same;
The Customer acknowledges that the rental begins on the date and time of delivery of the vehicle and its keys by the Lessor and ends on the date and time of actual return to the Lessor’s staff. In case of return during office closing hours and / or in the event that the Customer releases the keys to the “key box” vehicle, the rental ends on the date and time of the subsequent reopening of the office. Together with the keys, the Customer must enter a signed declaration in the aforementioned box indicating the place and time of return, the mileage traveled, the fuel level and any damage caused to the vehicle. The Customer is responsible for any damage found on the vehicle at the time of reopening of the office and not reported and is also responsible for the subtraction of the vehicle or parts of the vehicle for any reason by third parties (windshield wipers, radio antennas, cigarette lighter etc.) or the keys placed in the “key box”.
9. FURTHER OBLIGATIONS OF THE CUSTOMER
- a) view and accept the calculation of the total due to the Lessor, which could include costs not initially foreseen in the rental agreement, attributable to different decisions by the Customer, the costs of which are indicated in the Special Rental Conditions;
- b) ascertain the condition of the vehicle, indicating the presence of any new damage that may have occurred during the rental; where the damage was caused by an accident with a counterparty, the Customer undertakes to issue a copy of the Friendly Accident Report (CAI) form on the vehicle seat or in the key box; in the absence of this form, the Customer undertakes to send contacts via email address info @ rimautonoleggio, within 24 hours following the return of the vehicle, a declaration to the Lessor 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 make it possible to trace any third parties involved; in the event of non-compliance with this obligation, the Customer is always considered fully responsible for the amount of damage caused to the Lessor;
- c) make sure that the parking brake has been applied, that all windows and doors have been completely closed, and that all lights are off;
- d) retrieve and bring their personal items with them: the Lessor cannot be held responsible for the failure to recover such items after the termination of the rental contract, much less for theft by third parties by breaking into the vehicle;
In the event of partial or total non-compliance with the procedures for closing the rental agreement as set out above, it will be considered closed only when the vehicle is subsequently taken over by the station staff. Where this happens, the Client authorizes RIM station personnel to carry out the aforementioned operations on his behalf. In case of non-locking of the doors and / or incomplete closure of the rental by the Customer, the rental is considered terminated when the vehicle is taken over by the rental station staff; where this happens, the Customer is 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 subtraction for any reason by third parties of the vehicle or parts of the vehicle (windshield wipers, radio antennas, cigarette lighters, etc.) or keys that may not be handed over to staff.
10. CUSTOMER LIABILITY IN CASE OF CLAIM
The Customer undertakes to compensate the Lessor for any damage or theft, even if partial, including the use of roadside assistance, subject to the proof referred to in art. 1588 of the Italian Civil Code
- 10.1 VEHICLES – In the event of a claim, the Customer participates in the economic damage suffered by the Lessor for the maximum amount indicated in the Special Rental Conditions and on the title page of the rental agreement as “Damage deductible”, as “Theft deductible”, or as “Theft deductible in Campania, Puglia, Municipality of Catania “, except for the provisions of the following art. 11.
- 10.2 COMMERCIAL VEHICLES – In the event of a claim, the Customer 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 “Damage deductible” or as “Theft deductible”, except as provided in the following art. 11.
- 10.3 QUANTIFICATION AND DAMAGES LIST – The damages are qualified and quantified according to estimates made at the parent company of the cars, the Lessor will charge the amount specifically budgeted upon prior notification. The Lessor reserves the right not to repair the vehicle immediately if the damage caused by the Customer does not affect its functionality.
- 10.4 NON-APPLICATION – All of the above relating to the Customer’s participation in the damage suffered by the Lessor is not valid where art. 11.
11. CAUSES OF NON-APPLICATION OF ARTICLE 10
Regardless of the provisions of art. 10, the Customer is always fully responsible for the amount of damage caused to the Lessor if at least one of the following circumstances occurs:
- a) violation of current regulations and / or the Highway Code of the state where the vehicle is being driven;
- b) use of the vehicle 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) vehicle returned damaged without a report certifying the dynamics of the accident and related documentation, complete with any C.A.I. (Friendly Accident Detection);
- e) 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 fine and / or customer declaration and / or C.A.I. and / or assessment by insurance companies.
12. OBLIGATIONS OF THE CUSTOMER IN THE EVENT OF A CLAIM
In the event of an accident, the Customer undertakes to:
- a) immediately inform the Lessor by telephone, sending him the C.A.I.form within the next 24 hours. compiled in detail in all its parts or, failing that, detailed report of the facts;
- b) inform the nearest police authority;
- c) not to issue any declaration of responsibility;
- d) take note of the details of all the parties involved in the accident and of 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 that the Lessor provides regarding the custody and / or repair of the vehicle.
In the event of non-fulfillment of even one of the aforementioned obligations, the Customer is responsible for all damage suffered by the vehicle, even in the event of an accident potentially active. The Lessor does not guarantee the replacement of the rented vehicle in the event of an accident, breakdown and in any case abroad.
13. OBLIGATIONS OF THE CUSTOMER IN THE EVENT OF VANDALS, THEFT OR ATTEMPTED THEFT
In the event of vandalism, theft and attempted theft of the rented vehicle, the Customer undertakes to report the fact immediately to the competent authorities (Police or Carabinieri) and to deliver the original version of the report to the Lessor; in the event of total theft, the Customer undertakes to deliver to the Lessor, in addition to the original of the report, the keys of the vehicle and the alarm, if the vehicle is provided with them. In the event of total theft, the rental fee, in addition to the amount of any excess, is due until the date of the actual delivery of the report and keys. In the event of failure to deliver the report and / or failure to return the keys, the Lessor shall in any case charge the Customer, in the case of total theft, a penalty equal to the official price list of the vehicle including the optional (net VAT) and decreased by 15%, while in the event of attempted theft and vandalism, failure to deliver the original of the report entails in any case the charge by the Lessor of a penalty equal to the entire amount of the economic damage suffered by the Lessor.
14. REMOTE MONITORING OF THE VEHICLE
The Customer expressly and without reservation authorizes the Lessor, or another person appointed by the same, to remotely monitor the movements of the rented vehicle, in order to protect the Lessor from committing crimes against him, through satellite systems; the Lessor also reserves the right to communicate the data to Judicial Authorities, Insurance Companies, Law Firms, Companies specialized in the prevention and management of thefts and accidents and to use or have the contents used for any action for its own protection. The Customer also declares to be aware of 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 by the aforementioned control unit to the information systems of the Lessor are used as a tool for reporting and proof of accidents occurring to the rented vehicle.
15. STIPULATION OF THE CONTRACT IN THE NAME AND / OR ON BEHALF OF A THIRD PARTY
Whoever stipulates the rental agreement in the name 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 agreement, without the benefit of prior enforcement; the Customer who enters into the rental agreement is liable in any case of any fact, action or omission attributable to the driver of the vehicle.
16. LESSOR INDEMNITY
The Lessor is not liable towards the Client, the driver or the members of their respective families for any damage suffered by them of any nature, including economic damage, or for personal injury, without prejudice to limited to the latter, the application of Articles 33 paragraph 2 lett. a) and b) and 36, paragraph 2, letter a) of Legislative Decree 205/2006, both for damage resulting from breakdowns or malfunctions of the 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. If objects are found inside the vehicle, the Lessor will notify the Customer, who must arrange for the recovery or shipment of the object at his own expense; in the event that the Customer does not provide for recovery or shipment within 30 days following the notice, the objects are considered abandoned and the Lessor will not be required to keep them or return them.
17. “ROUTER WI-FI” SERVICE
In case of purchase of the “Wi-Fi Router” service, upon picking up the vehicle, the Customer has the obligation to verify that the equipment supplied, consisting of a case containing a wi-fi router equipped with a telephone SIM and a charger cable, is in good condition and suitable for the intended use. The Customer acknowledges that Internet connectivity depends on the network coverage offered by the telephone operator and declares that no refund or compensation will be due in the event of partial or non-use of the connectivity for use outside the places covered by the signal. The Customer undertakes to keep the password provided for Internet access with the utmost diligence and not to disclose it to third parties. The Customer declares himself entirely responsible and therefore indemnifies the Lessor from any consequences deriving from navigation, through the connectivity provided by the router, on inappropriate sites, such as by way of example but non-exhaustive, websites with child pornographic content, praising terrorism, racial hatred, sites belonging to the so-called “dark web” and so on. The Customer undertakes to use and store the router and connected accessories with the utmost diligence and to respond, pursuant to and for the purposes of art. 1588 C.C. of any damage or loss or deterioration of the same, without prejudice to proof that these are not attributable to him. In case of total or partial loss or theft of what has been supplied, the Customer must immediately inform the Lessor and submit a complaint of the incident to the nearest competent judicial authority, by delivering the original paper of the report to the redelivery station. In the absence of these requirements, any illegitimate use of the connection provided by the router made by third parties who may eventually come into possession of the router will be attributable exclusively to the Customer. At the end of the rental, the Customer is required to return the router and related accessories in the initial conditions and in the supplied case. In case of return after the scheduled date, the Customer will be charged an additional cost equal to the daily rate of the service, indicated in the Special Rental Conditions and in the Rental Agreement, multiplied by the number of additional days. In the event of damage or failure to return the custody, router and related accessories, the Customer undertakes to pay the Lessor the relevant penalties indicated in the Special Rental Conditions and in the Rental Agreement.
18. DEFAULT INTEREST
After the agreed term for the payment of the sums due, the Lessor is authorized to issue a debit note for default interest as required by Legislative Decree 09/10/2002 nr. 231 and subsequent amendments. The application of default interest to the legal extent remains unaffected by the Customer qualifying as a “consumer”.
The Customer has the right to complain within 14 days from the rental end date for any disservice received. Any disputes relating to charges, made in any capacity by the Lessor, may be advanced only after payment of the same and in any case no later than 30 days after the charge.
20. CHANGES TO THESE GENERAL CONDITIONS
No changes can be made to these General Conditions without the consent of a representative of the Lessor with a suitable written power of attorney.
21. CORRECTNESS OF THE CONTENT OF THE RENTAL AGREEMENT
In the event of disputes regarding the correctness of the content of the rental agreement, the data and documents contained in the Lessor’s archive shall be authentic between the parties.
22. TRANSLATIONS AND MAJOR VERSION
In caso di difformità tra il testo italiano e le traduzioni in altre lingue delle presenti Condizioni Generali prevale il testo italiano, in quanto lo stesso esprime l’esatta volontà delle parti; le traduzioni alle presenti Condizioni Generali in lingue differenti dall’italiano (consultabili sul sito Internet www.rimautonoleggio.it e disponibili, a richiesta del Cliente, in copia cartacea presso ogni stazione di noleggio del Locatore) rappresentano una mera traduzione.
23. 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 Naples is exclusively competent; the jurisdiction of the court of the place of residence or domicile of the customer remains unaffected by the customer qualifying as a “consumer”.
24. PROCESSING OF PERSONAL DATA
By signing the rental agreement, the Customer declares to know and accept this Information.