1. OBLIGATIONS AND RIGHTS OF THE LESSOR
LEORENTALCARS s.r.l.s. – hereinafter referred to as the “Lessor” – delivers to the lessee – hereinafter referred to as the “Customer” – the motor vehicle, better identified in the rental agreement. The vehicle, if not differently specified in the rental agreement, is delivered in perfect condition, with a full fuel tank, and equipped with all accessories and documents, both legal and for use (emergency parking triangle; tools; visibility vest; spare wheel; any accessories listed in the rental agreement; vehicle registration; RCA insurance coupon). By taking delivery of the vehicle and by signing the checkout section of the rental agreement, with specific approval of these general conditions, the Customer declares that they have verified that it is in good maintenance condition, as described by the Lessor in the rental agreement, equipped with all the accessories indicated, and perfectly suitable for the agreed use.
Rental rates are calculated on a daily basis, and, unless otherwise requested by the Customer and subject to the availability of the rate, include unlimited mileage (unless otherwise indicated), vehicle preparation, RCA insurance coverage, green insurance card, and limitations of liability for damages and theft/fire.
For car rentals, both the customer and every authorized driver of the rented vehicle must present a valid driving license issued at least one year ago. The minimum age for renting is 21 years. The rental and authorization to drive vehicles by individuals aged between 18 and 21 may be limited to certain categories of vehicles and subject to a surcharge called Young Driver. The Lessor guarantees that the rented motor vehicle is covered by insurance premiums against the risks of civil liability, towards third parties, including animals, things, and third parties transported, with a single limit of €7,290,000.00.
2. ADDITIONAL PRODUCTS AND SERVICES
Upon request, and in consideration of a specific fee, additional products and services are available to the Customer for the vehicle (e.g. chains; child seats; GPS). Upon request and for a specific fee, the Customer can also obtain the Diamond Protection supplement, which implies the exclusion of liabilities for damages, the reduction of liability for theft/fire, and accident liability on the part of the lessee. The Customer may also request, for a specific fee, the authorization for one or more alternative drivers, with the consequent extension of insurance coverage and liability limitations/exclusions to them, with full applicability to the subjects of these General Conditions.
In this regard, the customer guarantees, and by releasing the Lessor from any legal liability and any claims made by third parties generally regarding these General Conditions, the following:
(a) that they will fully commit and make these general conditions available to alternative drivers to make them aware of contractual obligations,
(b) that at the time of indicating the names of the alternative drivers, the customer will have previously obtained their express consent and information to communicate their personal data to the
Respective data for subsequent processing provided by these General Conditions and resulting from EU Regulation 679/2016; (c) that the data of alternative drivers are true, correct, up-to-date, and have been acquired in full compliance with what is required by the privacy information; (d) that, based on the previous letter (b), the Lessor must be deemed authorized to the relevant processing of personal data of alternative drivers within the limits specified by these General Conditions and the information.
3. CUSTOMER’S OBLIGATIONS
The customer undertakes to:
a) Provide correct information about personal details, residence and contact details, and meet legal requirements for driving authorization;
b) Drive and keep the vehicle, together with the provided accessories, with the utmost diligence in compliance with all legal regulations;
c) Ensure that, throughout the rental period, the vehicle is always in optimal conditions to guarantee its correct operation and safety for itself and the transported persons;
d) Observe the regulations provided by the Highway Code;
e) Indemnify the Lessor from any claims made by third parties for damages to transported goods or items present in the motor vehicle;
f) Acknowledge that they are not the holder of any real rights on the motor vehicle and provided accessories and, therefore, cannot dispose of them in any way, not even temporarily;
g) Pay the rental fee and additional performance determined by the agreed tariff at the time of signing the rental agreement or as eventually recalculated upon vehicle return, considering any subsequent changes in the effective duration of the rental, rented accessories, and/or the actual place of vehicle return;
h) Pay for any fines and/or tolls and/or parking tickets incurred during the rental and reimburse the lessor, in case of non-timely payment, for any expenses incurred in the meantime, including any payments made to the lessor for the violation, as well as administrative expenses.
The Customer also undertakes not to drive or use the vehicle, and not to tolerate that the vehicle is driven or used:
i) for the transport of people or goods for commercial purposes;
J) to tow or push other vehicles, trailers, or anything else;
k) under the influence of alcohol and narcotics or any other substances capable of altering the ability to understand and act;
l) in races, competitions, or events of any kind;
m) for a purpose contrary to law;
n) by a person not indicated at the time of rental as a driver, as indicated in the rental agreement;
o) for use contrary to that provided and contained in the vehicle’s registration given on lease. The Customer undertakes to use snow chains where required by law. The Customer is responsible in any case for the actions and/or omissions of anyone driving the motor vehicle.
In accordance with the provisions of Article 1588 of the Civil Code, the Customer undertakes to compensate the Lessor for any damage for any reason occurred to the motor vehicle, unless the Customer proves that the damage occurred for reasons not attributable to the Lessee.
After the detection and quantification of damages, an estimate will be made through a technical survey, taking into account also labor costs, consumables, waste disposal, and technical downtime of the vehicle. For any damage to the vehicle and/or partial/total theft attributable to the Customer, the Customer will also be charged a lump sum of €80, including VAT, for administrative management expenses.
At the time of signing the contract, the Lessor may request the customer to pay, by credit card and/or cash, a security deposit whose amount is indicated in the individual rental contract and subject to the customer’s reading before signing; the amount will be returned to the customer if, at the termination of the contractual relationship, the vehicle is returned intact and complete with all parts and accessories.
For any damage to the vehicle, its parts, or accessories falling into any category, including significantly and without exclusion of other events, the hypotheses of damage, with or without collision with other vehicles – as well as theft/fire, both total and partial, and Lessor is authorized to definitively debit on the customer’s credit card an amount of money commensurate with the extent of the suffered damage. However, it is agreed that the aforementioned charge cannot exceed the maximum values of the deductibles indicated in the individual rental contracts – respectively with reference to the hypotheses of damage to the vehicle, theft/fire, and accident at the customer’s expense subject to the customer’s reading before signing.
The Customer has the obligation to pay attention to the type of fuel to be introduced into the tank (unleaded petrol or diesel). In case of introducing fuel not suitable for the vehicle’s engine and/or in case of introducing impure fuel, the customer will be held responsible for all damages and expenses incurred for the possible recovery of the vehicle, and therefore will be required to pay, even if they have jointly signed the optional Diamond Protection clause.
In case of an accident, including the theft of part of the vehicle, the Customer undertakes to:
a) immediately inform the Lessor by phone, sending within the next 24 hours a detailed complete report, duly signed on the CAI form attached to the vehicle documents;
b) inform the nearest authority, making the report in case of theft of part of the vehicle and obtain a copy of the report that must be sent to the rental station within 24 hours;
c) complete the friendly accident report in all its parts, sign it, and have it signed by the other party, taking note of the names, addresses, telephone contacts of the parties involved, any witnesses, registration numbers of all vehicles, insurance details, and ownership of such vehicles;
d) avoid statements of responsibility in case of uncertainty about the dynamics of the accident;
e) follow the Lessor’s instructions regarding the custody and repair of the vehicle. The non-compliance with any of the above obligations leads to the loss of liability limitations and exclusion of liability for damage to the vehicle, with full charge of the damage to the Customer.
6. THEFT OR FIRE
In case of theft or fire of the rented vehicle, the Customer undertakes to immediately report the incident to the competent authority and deliver to the Lessor said report within 24 hours from the event. Furthermore, they undertake to immediately notify the personnel of Leorentalcars s.r.l.s. who will then stop billing the rental fee. In case of theft, if the Customer has submitted the original report within 24 hours from the event, the lessor will proceed to charge the amount, variable for each category of the vehicle, up to the maximum amount indicated in the rental contract, increased by administrative expenses. In case of theft of the vehicle with subsequent recovery, if it should present damages or missing parts, the Customer will remain obliged towards the Lessor to reimburse the expenses within the limits of the deductibles. In case of non-delivery of the original report within the preceding term, the liability limitations contractually provided by the optional DIAMOND PROTECTION clause will not apply.
7. DAMAGES FROM VANDALISM
For all damages resulting from acts of vandalism committed during the period in which the motor vehicle was in the possession of the Customer, both in their presence and in their absence, they will be responsible towards the Lessor for all damages incurred. The customer, however, undertakes to submit, at the time of the return of the vehicle, a regular report filed with the competent authorities, even if the Customer requests and signs the Diamond Protection clause, damages from acts of vandalism are not covered.
8. BOOKING AND VEHICLE PICKUP
If the Customer decides to book the vehicle, the Lessor guarantees its availability only if the customer pays an advance on the total rental estimate. If the pickup occurs beyond the opening hours, the Lessor reserves the right to request an additional fee for out-of-hours service.
9. VEHICLE RETURN
The customer undertakes to return the vehicle to the location and by the date and time specified in the rental contract, complete with documents, equipment, any accessories, and in the same condition in which it was received, except for normal wear proportional to the rental period. The customer also agrees to check and sign, at the time of vehicle return, the check-in section of the rental contract, indicating the vehicle’s condition at the time of return. Failure to sign this section implies a waiver of the right to raise subsequent disputes regarding charges for damages by the Lessor. Upon returning the vehicle and its accessories, the Customer is entitled to the return of the security deposit provided the rented property is undamaged. In case of damage, the Lessor will withhold the security deposit until a complete estimate of the damages is communicated to the Customer.
Failure to return or loss or damage to the keys or documents accompanying the rented vehicle obliges the customer to pay a fee equal to the period necessary for their duplication, plus related expenses.
If the vehicle is not returned to the lessor by the contractually agreed date and time, a 59-minute tolerance applies to the vehicle return time. After this period, an additional day of rent will be charged, along with the amount related to any other services used by the customer/driver beyond what was initially indicated in the rental contract. Delivering the vehicle to a location other than the pickup, even if originally agreed, incurs an additional fee based on the time and place of return. If the vehicle is returned during the closing hours of the rental offices, where allowed by the Lessor, the Customer is obligated to pay the rental fee until the normal reopening of the offices and remains responsible for rental-related events until that time.
Additionally, the Customer must return the vehicle with a full fuel tank, and failing to do so authorizes the Lessor to charge, in addition to the cost of missing fuel, an additional fee of €15.00 including VAT for the refueling service.
Objects left by the customer in the returned vehicle are considered abandoned, and the Lessor is not required to store or return them.
10. RENTAL PAYMENT
The payment of the entire rental amount is due at the time of contract signing. Simultaneously, the customer must sign, on the rental contract, the authorization for debit on the credit card for missing fuel or any fines and/or amounts as a penalty.
The customer personally undertakes to pay the Lessor:
A) the rental fee, referring to the category and type of rented vehicle, the duration, and kilometers traveled, based on the rates at the beginning of the rental or the specific conditions in force;
B) supplements for any additional services requested by the customer;
C) the supplement contractually provided for the subscription of the Diamond Protection clause;
D) the supplement for the delivery and/or collection of the vehicle outside normal working hours;
E) reimbursement of the delivery and pickup expenses if the Customer does not rent the vehicle directly from the offices of Leorentalcars s.r.l.s.;
F) compensation in case of delay in returning the vehicle. For all tariff formulas, except as expressly provided, a 59-minute tolerance applies to the vehicle return time; after this period, an additional day of rent will be charged;
G) the amount necessary to fill the fuel tank and restore it to its initial level, plus €15.00 for the refueling service, in cases where the Customer does not return the vehicle with a full fuel tank or the same fuel level as at the beginning of the rental;
H) any sums due as a penalty.
11. PAYMENT METHODS
The Customer can pay the rental amount using any payment card (credit/debit/prepaid) or in cash. Credit or debit cards with Visa, V PAY, Mastercard, Maestro, American Express, Diners Club, Union Pay logos are accepted. The credit cardholder authorizes the Lessor to charge all charges resulting from this rental relationship to the respective account. The Lessor may request the Customer to provide a deposit through a pre-authorization on their credit card. Cash deposits are also accepted. If a credit card of a third party is used as the payment method, the Customer is still jointly obliged with the cardholder to pay the Lessor any amount arising from the rental. The Customer who has already advanced the estimated payment for the rental using financial credit cards, at the time of signing the rental agreement, undertakes to confirm this payment and to guarantee any future obligations using the same card or another credit card, authorizing the Lessor to use it for the charges mentioned in the previous article 3. For this purpose, the Customer guarantees, indemnifying the Lessor from any legal liability and any claims made by third parties regarding these general conditions: a) that they will fully inform and make these general conditions available to the credit cardholder to make them aware of contractual obligations; b) that, when indicating the name of the credit cardholder, the customer will have previously obtained their express and informed consent to communicate their personal data to the Lessor for the subsequent processing specified by these general conditions and required by the privacy information article 13 of EU Regulation 679/2016; c) that the credit cardholder’s data is true, correct, up-to-date, and has been acquired in full compliance with the privacy information regulation; d) that, based on the previous point (b), the Lessor is deemed authorized to process the personal data of the alternative drivers within the limits specified by these general conditions and the information article 13 of EU Regulation 679/2016.
12. TAX DOCUMENTATION
A personalized invoice will be issued only if requested by the customer at the time of signing the rental contract and if they have provided their tax code and/or VAT number.
13. LESSOR’S LIABILITY
The Lessor is not liable to the customer, the driver, or their respective families for damages of any kind, including economic loss, suffered by them in persons or property as a result, direct or indirect, of the vehicle’s malfunction or accidents caused by manufacturing defects. In any case, the Lessor cannot be held responsible for any type of damage that occurs due to theft, riots, fires, earthquakes, wars, natural events, force majeure, and fortuitous events.
14. AUTHORIZATION TO DRIVE ABROAD
The Lessor authorizes the Customer to drive the rented vehicle abroad, under temporary export conditions, provided it is driven exclusively by the customer who has signed these General Conditions and the rental contract or by individuals indicated as drivers in the rental contract equipped with the appropriate driving license. The Customer also undertakes not to drive the vehicle in a state other than EU countries, Vatican City, Republic of San Marino, Principality of Monaco, Switzerland, Great Britain, or in a country marked with a dash (x) on the green insurance card for foreign countries, or in a country where there is a state of war and/or political unrest. Driving the vehicle in a foreign country other than those mentioned renders all insurance coverage and the Diamond Protection clause ineffective, authorizing the Lessor to charge the customer for all expenses and costs incurred for non-compliance with the commitment made.
15. PROHIBITION OF CONTRACT ASSIGNMENT
The assignment of the rental contract, and the obligations arising from the signing of the General Conditions on behalf of a third party, is expressly prohibited.
By signing the rental contract, the Customer expressly authorizes, without any reservation, the Lessor or another party appointed by them to remotely monitor the correct use and functioning of the rented car through satellite alarm systems.
Any possible complaint to be submitted to the Lessor must be in writing and no later than 20 days from the end of the rental, sent to the address: firstname.lastname@example.org. Any objections regarding charges, for any reason made by the Lessor, can only be made after their payment and in any case no later than 20 days from the receipt of the corresponding invoice.
The Italian text of these General Conditions prevails in case of discrepancies with the English text because it is presumed that the former expresses the will of the parties.