General rental conditions

ARTICLE 1 – PREMISES

ANOTHERENT SRL (hereinafter referred to as Lessor) delivers to the Customer and/or Driver, (hereinafter referred to as User), the vehicle specified on the attached delivery form, in a good state of maintenance. The vehicle, unless otherwise indicated on the delivery report, has a full tank of fuel and is equipped with the following accessories: warning triangle, spare tyre, circulation documents, including insurance permit and green card.

1b) Refueling and recharging charges. Combustion and hybrid vehicles (hybrid vehicles are those that combine a diesel or petrol engine with an electric motor) must be returned with the same quantity of fuel present at the time of collection. If the Customer chooses to return the vehicle with a lower quantity of fuel than received, he will be charged for the cost of the fuel used at the price indicated in the official indicators.

ARTICLE 2 – OBLIGATIONS OF THE CUSTOMER AND/OR DRIVER

The Customer is required to read the General Rental Conditions and the Specific Rental Conditions, both integral and substantial parts of the rental contract.
The Driver acknowledges the requirement referred to in articles 94 paragraph 4- -‐bis. c.d.s. and 247–‐bis, paragraph 2, let. B) of Presidential Decree no. 495/1992, that the name of each user who has held the rented vehicle for more than 30 days is communicated to the Civil Motor Vehicle Authority; this obligation falls on the driver and he is required to fulfill it personally, at his own expense.
Anotherent srl intends to facilitate the fulfillment of this obligation, assuming the burden of providing for it following a specific delegation in the body of the Rental Letter, with charges and costs borne by the user to the extent indicated in the Price Lists.

2.1) The Customer, in addition to the obligations established by art. 1587 C.C., undertakes and guarantees that the driver of the rented vehicle is always of age and authorized to drive for the purposes of the law.

2.2) The Customer will not allow the use of the vehicle by people not authorized by the Lessor and by people who are under the influence of alcohol, drugs or hallucinogenic substances that impair their knowledge or ability to react.

2.2.b) Additional drivers and passengers. The Customer is responsible for ensuring that any additional drivers he has included in the rental contract or passengers on board the vehicle comply with these Terms and Conditions. The Customer is also responsible for the costs and expenses that we will incur in the event of any breach by additional drivers of these Terms and Conditions.
The Customer will not be able to sublet the vehicle or allow it to be subjected to confiscation or seizure nor obviously grant it as a pledge or guarantee (mortgage privilege or anything else).

2.4) The vehicle must not be used in such a way as to render insurance policies invalid, ineffective or non-applicable, and the vehicle must not be used outside Italian territory. In case of non-compliance, the User will be solely responsible for the damage caused.

2.5) The vehicle must not be used for circulation in prohibited areas, and in particular on access or service roads to limited traffic airport areas

2.6) The vehicle will not be used for the transport of people and/or things in excess of what is indicated in the registration document and in the “use and maintenance” document of the manufacturer, nor will it transport dangerous or contraband goods.

2.7) The vehicle must be driven and used with the diligence of a good father of a family. The Customer remains the custodian of the vehicle and undertakes to preserve it by observing the instructions in the operating and maintenance manual and any other documents with which the vehicle is equipped (also taking into account the indications of the instrumentation on board, promptly following the instructions provided in the manufacturer’s “use and maintenance” booklet) and taking care of its external appearance.

2.8) The Customer must use the vehicle scrupulously complying with the rules of the Highway Code, and in any case with all current legislation on the subject and on site, and will be personally liable for any infringements. The User will pay all fines, as well as any legal costs due following legal proceedings generated by infringements of the aforementioned Code and in any case by infringements of the traffic regulations at the time and place in force. Any fines with any legal costs notified to the Lessor will be repaid to the User pursuant to ministerial circular no. 300°/48507/113/2 dated 15/1/94 and a reimbursement will be invoiced for the expenses incurred.

2.9) The Customer must not use the vehicle to transport passengers for compensation, for competitions of any kind, to tow (unless the vehicle is equipped with a special tow hook regularly installed, tested and insured), tow, push other vehicle.

2.10) The user of the vehicle in question assumes the burden and obligation to pay any fine or fine incurred during the period of use

ARTICLE 3 – DELIVERY OF THE VEHICLE – RENTAL START DATE – PRE-ASSIGNMENT

3.1) The rental takes effect from the day on which the vehicle is collected by the User, this act concretized by the signature by the User of the appropriate Delivery Report in the presence of a representative of the Lessor.

3.2) The collection of the vehicle by the User certifies its good condition, any reservations regarding the state of the bodywork and mechanics of the vehicle must be asserted at the time of collection.

ARTICLE 4 – INTERRUPTION OF SERVICES CAUSED BY FORCE MAJEURE

The Lessor will not be liable in any case towards the User (“Emerging damage”, “Lossed profit” and so on) for interruption of its assistance, maintenance services or unavailability of replacement vehicles due to force majeure.

ARTICLE 5 – INSURANCE GUARANTEE

5.1) From the time the vehicle is made available until its return, the User will be solely responsible for all damage caused by the vehicle, both to himself and to other people or property and for the related civil or criminal consequences incurred. determine from the improper or incorrect use of the rented vehicle. The Customer and he alone will bear all risks of loss, theft, any mechanical inefficiencies, wear and tear, total or partial destruction of the vehicle or its components, accessories and additional equipment installed subsequently. Having said this, the Lessor undertakes to provide the vehicle equipped with the following insurance coverage, as per the conditions of the primary insurance policy signed by the Lessor (A) TPL with a maximum limit of €25,000,000.00. b) fire, theft and partial theft of the motor vehicle, including the standard car radio, if proven by report to the public authority, with the exception of the theft of goods or equipment, baggage, objects left on board the motor vehicle, or accessories. The insurance guarantee will in no case cover damage caused by willful misconduct or gross negligence on the part of the user.

5.2) For every event in which it is not possible to take action against a third party responsible, a fixed penalty is envisaged which is not subject to VAT pursuant to art. 15 of Presidential Decree 633 of 26/10/72, broken down as follows: a) in the event of a passive car liability accident: EXCESS of €500.00b) fire and comprehensive insurance: EXCESS of €500.00c) theft: EXCESS of 10, 00% of the value at the time of the theft (blue EUROTAX parameters).

5.2.b) Costs. The Customer is required to pay the amounts indicated in the rental contract for the vehicle, additional services and extra options purchased, at the rates indicated in the Price Lists. The Customer is also required to pay for any extension of the rental period, including agreed extra options. If due, in accordance with the Terms and Conditions of the contract, the Customer is finally required to pay any fee for economic liability resulting from damage and theft of the vehicle, costs for extra cleaning, tow truck, tolls, parking, administrative sanctions for violations of the highway code as well as the related costs for administrative management, as well as a sum as a penalty for failure to remove from the vehicle the goods and/or goods found in it at the time of return. Customer will not be held responsible for damages or losses not attributable to him.

5.3) USER’S OBLIGATIONS IN THE EVENT OF AN ACCIDENT: In the event of damage from road traffic in which damage to third parties is conceivable, the User is required to inform the lessor within 24 hours of the accident and to scrupulously compile his own data and that of the Counterparty and to the signing of the “Amicable Accident Report – Accident Report”. In the event of accidental failures (due to collision, leaving the road, overturning, impact) and damage due to natural events (hail, flood, avalanches) in which third parties are not involved, the User is required to scrupulously complete and sign of the “Vehicle A” section of the “Amicable Accident Report – Accident Report” only. In the event of fire and/or theft and/or socio-political events, the User is required to submit a report, as detailed as possible, to the Public Authority and have an authentic copy issued. The aforementioned documents (“Amicable Accident Report – Accident Report” and report to the Public Authority) with any photographic documentation, vehicle keys, and any additional information must be sent by the User to the Lessor strictly within 24 working hours following the date of occurrence of the accident. If there is a delay or failure to transmit the aforementioned documents, such as to make the above insurance coverage inapplicable, the Lessor may recharge the User for the entire damage suffered by the latter. In the event of a legal dispute with third parties, the User will have to adapt to the Lessor’s line of defence, collaborate with the same and the Insurance Company in the investigation and defence.

ARTICLE 6 – RETURN OF THE MOTOR VEHICLE

6.1) At the end of the rental, the User must return the rented vehicle to the Lessor in the places indicated by the latter, unless otherwise agreed. The vehicle must be returned accompanied by all the regular on-board documents, all the keys and in the state in which it was at the time of delivery, except taking into account the average wear and tear determined by use.

6.2) Upon return, the vehicle will be assessed on the appropriate Delivery Report; this assessment will be carried out by a specifically appointed employee or delegate of the Lessor in the presence of the User or his representative. In the event of absence of the User or his representative, the appraisal will be considered valid and probative for all purposes. In the event of disputes regarding the vehicle return report, the User or the Lessor may request no later than 30 days. and at your own expense, the intervention of an expert specialized in the matter.

6.3) The date shown on the return report certifies the actual return of the same. The return report, or any appraisal, will constitute the documentary basis for estimating the costs of restoring and bringing the vehicle back into working order. The costs incurred for such reconditioning will be invoiced immediately to the User. After 30 days from the date of completion of the Return Report and in the absence of complaints from the Lessor, this document will be considered accepted by the same with the exclusion of hidden defects.

6.4) Return of the vehicle before the agreed date. If the Customer returns the vehicle before the established date and time, there will be no refund for unused days.

6.5) Return of the vehicle after the agreed date. Unless otherwise agreed, the Customer is required to return the vehicle on the date/time and at the lessor’s headquarters or in the location indicated in this rental contract. If the Customer needs to return the vehicle after the established time/date, he will be required to request an extension. A rental day is considered 24 hours from the delivery time; after this period of time, in case of delay, the Customer will have to pay the amount relating to an extra rental day for the vehicle in addition to a penalty (equal to 20%) for the late return of the vehicle for each day/part of the day of delay, without any hourly tolerance. In the event of failure to return the vehicle within the times indicated in the rental letter, due to the significant inconveniences in organizational terms due to the unavailability of the vehicle, the Customer undertakes to pay the amount deriving from the application of the basic rate to the entire rental of daily rental until delivery, without prejudice in any case to greater damage and with the exception of the issuing of written authorization by the Lessor for the continuation of the rental until the term indicated in the same authorization.

ARTICLE 7 – ADMINISTRATIVE SANCTIONS AND EXPENSES

The Customer is required to pay parking fees and/or administrative fines relating to the rental period. The Customer is required to pay the costs for the administrative management of each fine equal to €20.00 plus VAT; By signing the rental contract, the Customer hereby authorizes us to charge these amounts, which will be charged to his credit card.

ARTICLE 8 – PRE-AUTHORIZATION

We will block a guarantee amount on the Customer’s credit card, at the time of signing this contract, thus binding this amount on the card to guarantee the presence of sufficient funds to make the payment at the end of the rental. If the Customer pays with another card, it will take up to a maximum of 28 days for the bank to return the previously “blocked” amount.
8b) What is indicated in point (8) is also applied to car reservations, therefore at the time of booking a guarantee amount will be blocked on the customer’s card which will be used at the time of payment and relative return of the car. In the event of cancellation, the latter must be communicated within seven (7) days prior to the scheduled rental date. If this deadline is not respected, a penalty of €100.00 will be withheld.

ARTICLE 9 – PAYMENTS

The Customer is not allowed to make a payment in a currency other than the euro.
By signing the rental contract, the Customer authorizes us to charge his credit card for all costs incurred during the rental period, at any time starting from the return of the rental vehicle to the premises.

ARTICLE 10 – VEHICLE TRACEABILITY

The vehicles could be equipped with geo-localisation systems and detection devices to locate them in the event of theft or failure to return to the rental office or in the event of an accident or breakdown.

ARTICLE 11 – LOST ITEMS

Without prejudice to the provisions of article 5.2, we will do our best to contact the Customer if we find personal objects in the vehicle. Anything found in the vehicle that contains personal and financial information will be deleted within 30 days in accordance with our “Privacy Policy” and the General Rental Conditions. Without prejudice to the above, the Customer may request the return of the objects no later than 30 days from the date of return.

ARTICLE 12 – TERMINATION CLAUSE

The violation of even just one of the provisions of articles 1, 2, 3, 4, 5, 6,7, 8,9, 13 will legitimize the Lessor to terminate the contract pursuant to art. 1456 of the civil code and compensation for damages.

ARTICLE 14 – APPLICABLE LAW AND JURISDICTION

The rental contract signed between the parties will be governed by the law in force in the country where the rented vehicle is collected. For any dispute arising from the relationships governed by the “Contractual Documentation”, without prejudice to the provisions of the art. 33, paragraph 2, letter u, of the Consumer Code (Legislative Decree 206/2005) and i.e. the Court where the Consumer resides or is electively domiciled, the Court of the registered office of the Lessor has exclusive jurisdiction.

ARTICLE 15 – TRANSLATION

In the conflict between this version and the contextual English version, the Italian version will prevail, of which the English version constitutes a mere translation.

ARTICLE 16 – INTERPRETATION

If one of the provisions of this Agreement is deemed invalid or ineffective, in whole or in part, it will be considered as not forming part of this Agreement which will remain valid and applicable for the remaining provisions.

ARTICLE 17 – DOMICILE AND COMMUNICATIONS

The Customer declares to elect his domicile at the address communicated to the Lessor, as resulting from the rental letter. Unless otherwise indicated, contractual communications will take place at the email address indicated by the Customer