GENERAL TERMS AND CONDITIONS OF THE RENTAL AGREEMENT
1-Automania srl (hereinafter referred to as “Lessor”) delivery to the lessee (hereinafter referred to as “Customer”) the vehicle indicated on the rental agreement with the accessories indicated on the delivery report (hereinafter referred to as “Check out” ) and all the documents necessary for the movement of the vehicle such as the registration certificate, which must always be left inside the vehicle, the certificate and the insurance mark. The vehicle in question is equipped with a full tank of fuel, unless otherwise indicated on the Check out, and must be returned at the end of the rental with the same amount of fuel; otherwise the customer is obliged to pay the cost of the missing fuel in addition to the supply surcharge of 20.00 euros including VAT.
The model and color of the vehicle requested are never confirmed. In the event that the requested vehicle will not be available on arrival, another similar model of the same group will be delivered.
In case of booking made online through the website www.automaniasrl.com, the lessor reserves the right to communicate the unavailability of the car, having the characteristics required, within 48 hours after the telematic reception of the reservation.
2- The landlord is obliged to reimburse the customer the sums from the same expenses for repairs of motor vehicle failures, provided that the same result from invoice regularly registered to Automania srl Viale delle Alpi 91, 91 / ab 90144 Palermo VAT 06297470822 and provided they are not caused by the driver’s fault. In any case, the customer must always request and obtain authorization from an email from Automania srl to proceed with the purchase.
3- The customer undertakes to: a) conduct the vehicle and keep it together with the accessories, diligently and in compliance with all the laws; b) to take care of ordinary maintenance, checking the levels of lubricants and brake oil; c) to pay the oblations for each offense incurred during the lease and to reimburse the Lessor the costs sustained by this amounting to 42.00 euros including VAT, by way of expenditure related to each fine. The customer is obliged to notify the landlord of any report notified by the public authorities within twenty-four hours; d) to indemnify the lessor from any claims made by third parties for damages suffered by them in the goods transported, or in any case in the vehicle. The customer acknowledges that he is not in possession of any real rights on the vehicle and can not therefore be disposed of as a pledge.
4- The customer agrees not to drive or use the vehicle, and not to allow and / or tolerate that others lead or uses a) in a different state from the following: Italy, Austria, Vatican City, San Marino, Luxembourg , Germany, France, Principality of Monaco, Portugal, Spain, Switzerland, Norway, Finland, Liechtestein, Corsica, Gibraltar, England, Ireland, or where the green insurance card is not valid and in any case where there are political disturbances or states of war; b) for the expatriation of the motor vehicle under the export procedure; c) for the transport of persons or goods for third parties (invalid clause for goods vans and / or commercial vehicles); d) for competitions or speed tests; e) to give driving lessons or to practice the same; f) in excess of speed; h) in contravention of the provisions of the new highway code or for purposes contrary to the law; i) if they are subjects other than those indicated on the rental contract, or that they have provided false information about age, name, address; and in any case if they are people under the age of 21 (the customer under the age of 21 can rent and drive the car by purchasing the additional insurance cover called “Young Driver”) or over 75 years, or, for rentals of cars with a displacement of more than 1400cc (inclusive), of people aged under 23 and with a driving license for less than three years.
5- Insurance coverage: a) The lessor guarantees that the vehicle is insured with insurance policy for the civil liability of the customer and any other person authorized to drive the vehicle for the
damage to people, things and animals within the limits prescribed by the applicable laws and regulations and with the single ceiling of 10,000,000.00 euro (eurodiecimilioni / 00). The insurance policy does not cover damage to the driver of the vehicle, his spouse not legally separated, his legitimate or natural ancestors and descendants, natural or adoptive, his affiliates and other relatives and relatives up to the third degree, in case of an imputable harmful event to the driver. The Lessor provides the customer with a special exclusion of liability for damages incurred to the same and to the subjects indicated above, within the ceiling of 26,000.00 euros (euroventiseimila / 00) that the customer purchases as specified in the conditions set out in each office of hire and indicated there. b) The customer undertakes to compensate the lessor for any damage occurred for any reason to the vehicle. The customer has the right, within the limits specified below, to reduce the amount of damages to be reimbursed at the value of the deductible, specifically indicate in the deductible table exposed in each rental office. The aforementioned limitation of liability is in any case valid and effective only in the case of damage occurring in a collision with another vehicle and / or against a fixed obstacle which in any case constitutes a pitfall and / or pitfall for the driver and provided that no violation has occurred the requirements contained in Articles 3, 4 and 6.
The liability limitation clause does not include damage to the wheels of the vehicle, to the upholstery of the vehicle, to the underside of the vehicle, glazing, vehicle keys, vehicle number plates, vehicle registration and loss of documents and / or in any case vehicle accessories. If the customer does not accept the liability limitation clause (coverage not available for cargo vans and / or commercial vehicles) is obliged to pay in advance at the beginning of the rental as a security deposit an exemption, the amount of which is specifically indicated in the table displayed in each office, which will be fully returned to the customer on return of the vehicle intact and without any damage. In case of a damaging event, the customer is responsible for the payment of the aforementioned deductible, for damages caused to the vehicle in addition to the amount corresponding to the fees of the rentals not carried out during the time required for the execution of repairs on the basis of the lower rate among those indicated in the official brochure and in the ANIA tables in force at the time of delivery of the vehicle. The reimbursement of expenses incurred for the purchase of spare parts, labor or towing means the value of the list prices of the suppliers. c) the customer is responsible for cases of theft of the vehicle, for which he is obliged to report immediately to the police authority and to send a copy to the lessor within 24 hours of the event. In these cases the customer is obliged to pay the amount of the rental for the period between the beginning of it and the date of receipt of the complaint by the landlord, according to the rate agreed at the beginning of the rental, or according to the official rate if the complaint is received after the scheduled redelivery date. The customer is obliged to deliver the vehicle keys together with the complaint. In any case of failure to deliver the keys, the customer is obliged to pay the full value of the vehicle to the lessor according to the yellow Eurotax price list. The customer has the right to reduce the amount of damages to be reimbursed for theft and fire cases to the value of the deductible exposed in each office. If the customer does not accept the liability limitation clause, he is obliged to pay in advance at the beginning of the rental as a security deposit, the amount of which is specifically indicated in the table shown in each office, which will be entirely returned to the client at the return of the vehicle intact and without any damage.
d) the validity of the above limitation clauses of liability is subject to compliance by the client and the authorized driver of all the relative provisions and obligations set forth in art. 4 and 6 of these general terms and conditions. Without prejudice to the prohibition of circulation referred to in Article 4 lett. No limitation of liability is effective for rentals performed in countries other than those specified therein.
6- In any case of an accident, the customer is bound to the following obligations: immediately inform the landlord by telephone, telegram or fax and send within 24 hours from the fact a detailed report of the incident written in the appropriate form (CID) attached to the documents of the vehicle, inform the nearest police authority from which to obtain a copy of the report to be transmitted to the rental station within twenty-four hours, fill in all parts of the accident friendly statement enclosed with the vehicle documents, with the affixing of the subscriptions of the subjects involved in the accident, taking note of the generality of the parties and of any witnesses, of the license plate numbers of all the vehicles involved, of the data relating to the ownership and insurance coverage of them, diligently perform the instructions provided by the
lessor about the custody and repair of the vehicle, In case of non-fulfillment of one of the above obligations, the customer will be responsible for damages suffered by the car, even in the event of a potentially active claim. The lessor does not guarantee the replacement of the vehicle with another vehicle in any case of damage or theft. As general expenses for the recovery of damages incurred as a result of the loss and / or bankruptcy, the customer agrees to pay the sum of 500.00 euros upon the report of the accident.
7- The customer undertakes to return the vehicle and the keys to the lessor at the place and within the term indicated on the rental agreement with all the accessories and in the state in which he received it. The customer is obliged to return the vehicle as soon as the landlord requests it. In case of failure to return, the lessor has the right to recover the ownership 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 will have an initial term at the date and time of receipt of the vehicle and keys by the operator authorized by the lessor. If the customer is authorized to return the vehicle during office closing hours (by diligently parking the vehicle according to the directives of the highway code and depositing the keys in the safe deposit box indicated at the start of the rental), the liability on the vehicle in case of damage, theft or loss of accessories, by the customer, will terminate at the check-in time of the operator authorized by the lessor that will happen when the office is reopened.
8- The customer has to pay to the lessor at the end of the contract a) the rate of mileage (calculated by reading the odometer) and / or unlimited mileage (according to the rate agreed at the beginning of the rental), or time, the amount of which is specified on the rental contract; in the event of a malfunction of the odometer, the fare due will be determined on the basis of the fixed travel value of 250 kilometers per day. Whenever the rate is commensurate with the number of days, the term “day” defines a period of 24 hours or parting fraction from the time of delivery of the vehicle to the customer, unless otherwise indicated. The delay in return delivery compared to the scheduled time of more than 59 minutes entails the calculation of a further full day of rental. b) the VAT in force at the time the contract is closed. c) the amount for refueling pursuant to art. 1 d) for rentals that start at an office at the airport, and / or in the city railway station an airport or city charge will be calculated in percentage on the amount of the rental, inclusive of extras with the exclusion of fuel amounts and taxes. e) the rates for the special limitation clauses pursuant to art. 5. f) the supplement for leaving trips as per article 7. g) reimbursement of expenses for the recovery of the vehicle for any reason. h) any other sum provided for in this contract as consideration and / or reimbursement. i) any expenses that the lessor has to pay in order to obtain payment from the client of the sums as above due; l) Road tax / motor charges; m) Cost for each additional driver and / or surcharge for each driver under 21 and / or 23 years of age. The customer authorizes the lessor at the end of the rental to cash in with his credit card on the rental contract, all costs for fuel, extra days, deductibles / theft, damage and / or partial or total theft, extra, fines , tolls, parking, accessories not returned, anything not quoted at the beginning of the rental and made and / or lost by the customer during the same.
9- Who stipulates the rental contract in the name and / or on behalf of a third party or its legal representative jointly and severally complies with all of the obligations contained in this contract, without the benefit of prior enforcement. In any case, the customer who signs the rental contract is responsible for any event, action or omission attributable to the driver of the vehicle.
10- In the event of failure or incorrect payment of the sums due, the lessor has the right to issue a debit note to the customer or the co-obligor for payment of default interest at the official annual discount rate increased by five percentage points and always in any case in compliance with the legal limits.
11- The landlord will issue a regular rental invoice within 15 days from the end of the rental and will send a copy of the e-mail to the customer who is obliged to provide all company details including email address at the start of the rental.
12- The lessor is in no way responsible, except in cases of willful misconduct or gross negligence, against the customer or any other person for losses or damages suffered of any kind, including the purely economic damages resulting from the failure and inability to use of the car, as well as damage to the things transported, forgotten or abandoned in the car, both during the rental and after the return of it. The customer has the right to lodge a complaint no later than 14 days from the date of the end of the rental. While for all other complaints and or complaints the deadline is 90 days.
13- Any modification or integration of the rental contract will be valid and effective only if approved in writing by both parties.
14- In case of different interpretation of the texts of these general conditions of contract will prevail the interpretation of the landlord and the text in Italian.
15- The Customer expressly and without reserve authorization the Lessor, or other person appointed by the same, to monitor at distance the correct use and operation of the rented car through alarm systems and satellite geolocation.
16 – For any controversy between the parties, the Court of Palermo is exclusively competent.
17- The customer was informed by Automania srl that pursuant to Law 675/1996 and Legislative Decree 30 June 2003, n. 196 and its subsequent amendments and additions; in application of the aforementioned Legislative Decree pursuant to art. 13, the data provided by the same may be processed in accordance with said legislation by Automania srl, including: the conclusion, execution, accounting of rental contracts, payments and credits of the fees of rentals and of each other sum due in dependence or connection to the rentals; the establishment of a customer database necessary for these purposes; the carrying out of commercial activities for advertising and promotional purposes. This is without prejudice to the right to the processing of personal data for all purposes expressly permitted by law and by the authority guaranteeing the protection of personal data. The processing of personal data can only take place with appropriate tools to ensure the security and confidentiality of the same. The customer is aware that the processing of his personal data may also be carried out by different subjects linked by particular restrictions to Automania srl, such as its agents or sub licensees or who otherwise use its brand, or indicated subjects to provide analysis or processing services of the data themselves. The provision of data by the customer and the consent to their treatment as described above are provided freely and are necessarily functional to the stipulation and execution of this contract. The customer retains all the rights recognized by the art. 13 of Law 675/1996 and Legislative Decree 30 June 2003 n. 196 and its subsequent amendments and additions; in application of the aforementioned Legislative Decree, pursuant to art. 13, and, in particular, the right to obtain at any time the updating, rectification or cancellation of data concerning him.