Toscana Gestioni S.r.l., single member limited liability company, holder of the corporate brand "AutonoleggioOne", which will be hereinafter also referred to as "lessor", rents to the customer, which will also be hereinafter referred to as "lessee", at the following terms and conditions listed below :
1) EQUIPMENT: The vehicle is delivered with standard equipment, a spare wheel, a radio, vehicle registration and is equipped with satellite position detection system The cars are provided with a full tank of fuel and subsequent refilling of the fuel will be at the expense of the customer. On the drop off of the car, if the tank in not full, the lessor will be charged for any missing fuel, plus an extra charge 20€ for the supply missing.
2) BOOKING : From the official website www.autonoleggioone.it you can book on-line the vehicle(s) that you want to rent, up to 24 hours prior to the requested date of the rental. For reservations are essential the following real information: Name, Surename, address, phone number, credit card number of the person who is booking or of the driver. In case of cancellation of the booking, if the lessee notify it to the lessor not less than 36 hours before the pick up date, he must also pay a sum equal to the rental rate for the days booked, VAT free. If the reservation is cancelled less than 24 hours prior to the pick up of the vehicle, the lessee have to correspond the rental rate for the days booked, VAT free. The lessee declares, under his or her own responsibility, that every information provided for the booking is true, and that he/she is aware of the legal sactions for fraudulent statements.
3) DELIVERY AND RETURN OF VEHICLE: The rental starts on the day and time of delivery of the vehicle to the customer and ends on the day and time of the return of the vehicle to the lessor.
4) EXTENSION OF TIME: The customer, who has booked the services of car rental, in case of delay with respect to the time indicated in the reservation, have to call the office of AutonoleggioOne confirming its late arrival and the lessor will wait for a maximum of 30 minutes, after that the lessor could not guarantee the availability of the car and the lessee may have to wait several minutes for the pick up. If the customer wishes to change the terms of the drop off (place, date, time, etc.), he have to make a formal request to the lessor at least 12 hours before the scheduled end time of the rental, and the lessor have to accept the request by sending a written consent.
At the end of the rental, the lessee have a tolerance of 30 minutes, after which the lessor will charge an extra daily rate in order to compensate for the failure to return the vehicle and the consequent impossibility to rent the car to other customers.
5) STATE OF THE VEHICLE: The vehicle is well maintained and in perfect working order, fully functional in all its parts, with a full fuel tank. With the car, the lessor provides all the documents required by the law to use the car, a valid car insurance and a signed copy of this contract.The lessee is obligated to maintain and preserve the vehicle and the above documentation entrusted to him/her. The customer undertakes to return the vehicle in the same condition in which has recieved it. Also, the customer declares that the vehicle, viewed before delivery, has no scratch injuries to the body and internal parts, apart the ones eventually marked with a special note written in the same contract by the lessor.
6) USE OF THE VEHICLE: The lessee declares that the vehicle delivered is suitable to the required purpose. The vehicle can not be conducted by a person without a driving license or with an expired driving license. The driver can not abuse of alcohol, drugs or other legal or illegal substance that detract from the driver's reaction capabilities.
The driver can not also use the vehicle to drive off-road or on roads unsuitable for a normal usage. The vehicle can not be used for the illegal transport of goods (contraband, narcotics, etc.), for commercial purposes, for partecipating to sports competitions or racing events, nor for go abroad without a prior written permission issued by the lessor.
7) MOVEMENT AND USAGE OF THE VEHICLE: The movement of the hired vehicle is authorized in Italy. In the purpose of driver safety, the lessor make a proper maintenance of the vehicle. In case of exceeding the maximum distance parameters provided regarding the surplus mileage, we reserve the right to act for damage.
The lessor is the only responsible for every infraction made to the Road Code. Non-payment of tolls or every other fine will be charged to the customer for the entire amount, plus an extra charge of 20 € as management expenses.
8) PAYMENT OF THE RENTAL: the cost of the rental rates will be charged during the online booking process.
9) PROPERTY OF THE VEHICLE: The vehicle and of all its accessory are owned by the lessor. The lessee can not sub-hire the vehicle, mortgage it, pawn it or claim ownership on it in any way.
If third parties were pursuing prosecutions, seizures or executive acts of any kind, the lessee must immediately show them, with every document in its possession, that the vehicle in question is subject to the rental agreement. The lessee is also obligated to notify, within 6 hours, the facts to the lessor. The Lessee agrees to keep a copy of this contract with him into the hired vehicle and to show it to the Competent Authoritie, when requested. If, due to his/her fail on retain these requirements, the vehicle should be subjected to detention or seizure, the lessee must refund the lessor for the entire amount of the damage in addition to the fee relating to each day of hire, without prejudice to indemnity for any greater injury (that may be) suffered.
10) REPAIRS : In case of failure, malfunction or defect, the lessee must not use the vehicle in order to avoid any aggravation or damage to third parties. The lessee is also obligated to immediately notify to the lessor the fact.
In case of urgent need, the lessee can provide to the reparation of the vehicle, only after a written authorization send by the lessor. The Customer, also, can not make any modifications to the rented vehicle.
11) INSURANCE COVERAGE: The vehicles available can be rented with two types of insurance coverage:
1) RCA Responsabilità Civile Auto (automobile liability insurance): this is the mandatory insurance, as required by the Law n.990 of December 24, 1969 and subsequent amendments and additions, as well as the Regulations for the execution of the said law and subsequent changes. This third party insurance covers all the costs, limited to the cover ceiling, for damage caused to others while using the rented car.
The lessor will inform the lessee about the vehicle insurance details in order to let him/her know the details about the ceilings covered, deductibles and of uncovered positions that remain of exclusive responsibility of the lessee.
2) Maxikasco (full comprehensive insurance), with full coverage.
12) ACCIDENT: In the event that the vehicle is involved in an accident, the customer agrees to protect the interests of the lessor and its insurance company. The lessee is obligated to:
a) refuse to issue, in the immediacy of the accident, any statements of responsibility or guilt, if he/she is not sure about the accident dynamics;
b) inform the lessor immediately by telephone and transmit to it, within the next 24 hours, a fully compiled "agreed motor accident statement", required by the law and attached to the vehicle documents. The statement must contain the names and addresses of the parties involved and any witnesses. The lessee should also immediately inform the nearest police authorities in case of the presence of injured people or in any case of a serious accident;
c) take care of the vehicle;
d) take action, even after a request by the lessor, in order to obtain all the necessary elements to identify properly the responsibility;
e) if requested by the lessor and only if the lessor deems it necessary, the lessee have to collaborate in the management of civil lawsuits resulting from accidents.
13) FIRE, THEFT OR DESTRUCTION: In case of fire, theft of the vehicle or of a part of it, the customer have to :
a) immediately notify the lessor, giving him all the information about the date, place and other circumstances of the accident;
b ) file immediatly a police report, having the care to ask the competence authority a certificate of surrender complaint, that must be sent to the lessor;
c) return the keys of the car and the key of the alarm system, if the vehicle is equipped with it, in case of theft of the vehicle. If the lessee can not return the keys, then he/she will forfeit the insurance coverage and, consequently, will be personally responsible for all the damages. The lessee is also responsible for theft of merchandise, items and other accessories from the vehicle.
14) LIABILITY: The Customer will be responsible for any damage sustained by the vehicle during the rental. In case of failure to return the key and / or remote control of the vehicle, the customer will be charged for an amount of 250 € VAT excl. for each one.
15) FINES: the lessee is the only responsible for breaches and violations to the Road Code committed during the period of hire. The lessee will pay every fine, issued by the Competent Authority, related to those violations.
16) RESOLUTION OF CONTRACT: pursuant to Article 1456 Civil Code, the lessor may terminate this contract early in the case of improper use of the vehicle by the Customer under this contract, and in the case of insolvency, bankruptcy or other insolvency proceedings in respect to the customer. The customer may also terminate the contract in the case where the means and the equipment specified in this contract are not fit for the usage.
17) RELEVANT LEGISLATION: Anything not specified in this contract will be ruled by the Italian legislation in force at the time of signing the same. The Parties commit themselves to mutual respect of the existing laws.
18) INTERPRETATION: In case of conflict in the interpretation of the two versions ( Italian - English) of the RENTAL AGREEMENT, the Italian version will prevail over the English version.
20) ADDRESSES OF THE PARTIES AND JURISDICTION: the addresses contained in the contract are the respectively domicile of the lessee and the lessor. Both agree to immediately notify the other party, by a written communication, of any change of the address, including change of name, legal status, etc. For any dispute that may arise in respect to interpretation, performance, termination of this contract the competent court is the Court of Trapani. Apart from the terms of service explained here, it will be applied to this contract the laws of the Civil Code.
21) DISCLAIMER: the lessee, or the driver, declare, under his/her own responsibility, to be well aware that the event of failure to return the vehicle in the contractual terms, in the absence of any valid reason impediment, will be considered offense of embezzlement or, in more serious cases, a contractual fraud.
22) The lessor acknowledges and agrees to all the terms and conditions described on the back of the contract by Toscana Gestioni S.r.l. and all the laws present into the Civil Code in force, and is committed to respect them. He/she also acknowledge and agrees that the conditions set forth herein may be modified only by a specific written agreement signed by both parties.