1. OBLIGATIONS AND RIGHTS OF THE LESSOR
LEORENTALCARS s.r.l. – hereinafter referred to as the “Lessor” – delivers to the lessee – hereinafter referred to as the “Customer” – the motor vehicle identified in the rental agreement.
Unless otherwise specified in the rental agreement, the vehicle is delivered in perfect condition, with the fuel tank showing the same fuel level recorded at the time of pick-up, and complete with all accessories and documents required by law and for normal use (emergency warning triangle; tools; high-visibility vest; spare wheel; any accessories listed in the rental agreement; vehicle registration certificate; third-party liability insurance certificate).
By taking possession of the vehicle and signing the checkout section of the rental agreement, with specific acceptance of these General Terms and Conditions, the Customer declares that they have verified that the vehicle is in a good state of maintenance, as described by the Lessor in the rental agreement, is equipped with all the accessories specified therein and is fully suitable for the agreed use.
Rental rates are calculated on a daily basis and, unless otherwise requested by the Customer and subject to rate availability, include unlimited mileage (unless otherwise specified), vehicle preparation, third-party liability insurance, international insurance Green Card and limitations of liability for damage, theft and fire.
For the rental of vehicles, both the Customer and every driver authorised to drive the rented vehicle must present a valid driving licence that has been held for at least one year. The minimum rental age is 18 years. Rental and authorisation to drive vehicles by persons aged between 18 and 25 may be restricted to certain vehicle categories and subject to an additional charge called Young Driver (to which DIAMOND insurance does not apply).
The Lessor guarantees that the rented vehicle is covered by insurance against third-party liability risks, including liability towards animals, property and passengers, with a single liability limit of €7,290,000.00.
2. ADDITIONAL PRODUCTS AND SERVICES
Upon request and against payment of the applicable fee, additional products and services for the vehicle are available to the Customer (e.g. snow chains, child seats, GPS).
Upon request and against payment of the applicable fee, the Customer may also purchase the Diamond Protection supplement, which provides exclusion of liability for damage, reduction of liability for theft and fire, and for accidents attributable to the Customer.
The Customer may also request, against payment of the applicable fee, authorisation for one or more additional drivers, with the corresponding extension to such drivers of insurance coverage and limitations/exclusions of liability, without prejudice to the full applicability of these General Terms and Conditions to such persons.
For this purpose, the Customer guarantees and indemnifies the Lessor against any legal liability and any claims made by third parties in relation to these General Terms and Conditions, and declares:
a) that they will fully inform the additional drivers and make these General Terms and Conditions available to them so that they are aware of their contractual obligations;
b) that, when providing the names of the additional drivers, the Customer will have previously obtained their express and informed consent to communicate their personal data for the subsequent processing provided for under these General Terms and Conditions and pursuant to Article 13 of EU Regulation 679/2016;
c) that the additional drivers’ data are truthful, correct and up to date and have been obtained in full compliance with the applicable Privacy Notice;
d) that, pursuant to point (b) above, the Lessor shall be deemed authorised to process the personal data of the additional drivers within the limits specified in these General Terms and Conditions and in the Privacy Notice.
3. CUSTOMER OBLIGATIONS
The Customer undertakes:
a) to provide correct information concerning their personal details, residence and contact details, and compliance with the legal requirements for authorisation to drive;
b) to drive and safeguard the vehicle, together with the accessories supplied, with the utmost care and in compliance with all applicable laws;
c) to ensure that, throughout the rental period, the vehicle is always maintained in conditions suitable to guarantee its correct operation and the safety of the vehicle and its passengers;
d) to comply with all provisions of the Highway Code;
e) to indemnify the Lessor against any claims made by third parties for damage to goods transported or otherwise present inside the vehicle;
f) to acknowledge that they have no ownership or other property rights over the vehicle or the accessories supplied and therefore may not dispose of them in any manner, even temporarily;
g) to pay the rental fee and the charges for additional services determined in accordance with the rate agreed when the rental agreement was signed, or as subsequently recalculated when the vehicle is returned, taking into account any changes in the actual rental period, rented accessories and/or the actual location where the vehicle is returned;
h) to pay any fines, motorway tolls and/or parking charges incurred during the rental period and to reimburse the Lessor, in the event of failure to make timely payment, for any expenses incurred in this regard, including any fine paid by the Lessor and any administrative charges.
The Customer also undertakes not to drive or use the vehicle, and not to allow the vehicle to be driven or used:
i) for the commercial transport of persons or goods;
j) to tow or push other vehicles, trailers or other objects;
k) while under the influence of alcohol, narcotic substances or any other substances capable of impairing judgement or the ability to act;
l) in races, competitions or contests of any kind;
n) for any unlawful purpose;
m) by any person who was not identified as a driver at the time of rental, as stated in the rental agreement;
o) for any use contrary to that permitted and specified in the registration certificate of the rented vehicle;
p) in the event of loss, theft or damage to the vehicle licence plate during the rental period, all costs relating to replacement, administrative procedures and any period during which the vehicle cannot be used shall be entirely borne by the Customer.
The Customer undertakes to use snow chains whenever required by law.
The Customer shall in all cases be responsible for the actions and/or omissions of any person driving the vehicle.
4. DAMAGE
In accordance with Article 1588 of the Italian Civil Code, the Customer undertakes to compensate the Lessor for any damage, for whatever reason, occurring to the vehicle, unless the Customer proves that the damage occurred for reasons not attributable to them.
After the damage has been identified and quantified, an estimate shall be carried out by means of a specific technical assessment, also taking into account labour costs, consumable materials, waste disposal costs and vehicle downtime.
Upon signing the agreement, the Lessor may require the Customer to pay, by credit card and/or cash, a security deposit in the amount specified in the individual rental agreement and disclosed to the Customer before signing. The amount shall be returned to the Customer at the end of the contractual relationship provided that the vehicle is returned intact and complete with all parts and accessories.
For any damage to the vehicle, its parts or accessories arising from any circumstance, including, by way of example and without limitation, accidents with or without collision with other vehicles, as well as total or partial theft/fire, the Lessor is authorised to permanently charge the Customer’s credit card an amount proportionate to the loss suffered.
However, it is agreed that such charge may not exceed the maximum excess amounts indicated in the individual rental agreements respectively applicable to vehicle damage, theft/fire and accidents attributable to the Customer, as disclosed to the Customer before signing.
The Customer is required to pay particular attention to the type of fuel placed in the tank (unleaded petrol or diesel). If fuel unsuitable for the vehicle engine and/or contaminated fuel is used, the Customer shall be held responsible for all resulting damage and any expenses incurred for vehicle recovery and shall therefore be required to pay such costs, even if the optional Diamond Protection clause has been purchased.
5. ACCIDENTS
In the event of an accident, including the theft of part of the vehicle, the Customer undertakes to:
A) immediately inform the Lessor by telephone and, within the following 24 hours, submit a complete and detailed report, duly signed, using the CAI accident report form included with the vehicle documents;
B) inform the nearest competent authority, file a police report in the event of theft of part of the vehicle and obtain a copy of the report, which must be sent to the rental location within 24 hours;
C) complete the accident statement form in all its sections, sign it and have it signed by the other party, recording the names, addresses and telephone numbers of the parties involved and any witnesses, the registration numbers of all vehicles involved and the insurance and ownership details of such vehicles;
D) avoid making statements accepting liability where there is uncertainty concerning the circumstances of the accident;
E) follow the Lessor’s instructions regarding the custody and repair of the vehicle.
Failure to comply with any of the above obligations shall result in the loss of any limitations or exclusions of liability for damage to the vehicle, and the Customer shall be charged the full amount of the damage.
6. THEFT OR FIRE
In the event of theft or fire involving the rented vehicle, the Customer undertakes to immediately report the event to the competent authorities and to provide the Lessor with the relevant report within 24 hours of the event. The Customer also undertakes to immediately notify the staff of Leorentalcars s.r.l.s.
In the event of theft, provided that the Customer has delivered the original police report within 24 hours of the event, the Lessor shall charge an amount varying according to the vehicle category, up to the maximum amount specified in the rental agreement, plus administrative charges.
If the Customer is resident in Puglia and/or Campania, the excess selected when entering into the agreement shall be increased by 100%.
If the stolen vehicle is subsequently recovered and is damaged or has missing parts, the Customer shall remain liable to the Lessor for reimbursement of the relevant costs within the applicable excess amount.
If the original police report is not delivered within the deadline stated above, the contractual limitations of liability provided for under the optional DIAMOND PROTECTION clause shall not apply.
Where payment of the rental fee is made by credit card or another electronic payment method, payment must be made using a credit card issued in the name of the Customer or another person who is present when the vehicle is collected.
7. DAMAGE CAUSED BY VANDALISM
The Customer shall be responsible to the Lessor for all damage resulting from acts of vandalism occurring during the period in which the vehicle is in the Customer’s possession, whether the Customer is present or absent.
In any event, the Customer is required to provide, when returning the vehicle, a formal report filed with the competent authorities.
Even where the Customer requests and purchases the Diamond Protection clause, damage caused by vandalism is not covered.
8. BOOKING AND VEHICLE COLLECTION
If the Customer decides to book the vehicle, the Lessor guarantees its availability only if the Customer pays an advance towards the total amount of the rental quotation.
If the vehicle is collected outside normal opening hours, the Lessor reserves the right to charge an additional fee for the out-of-hours service.
9. RETURN OF THE VEHICLE
The Customer undertakes to return the vehicle at the place and by the date and time specified in the rental agreement, complete with documents, equipment and any accessories, and in the same condition in which it was received, except for normal wear and tear proportionate to the rental period.
The Customer also undertakes to inspect and sign, when returning the vehicle, the check-in section of the rental agreement stating the condition of the vehicle at the time of return, expressly accepting that failure to sign this section shall constitute a waiver of the right to subsequently dispute any charges applied by the Lessor for damage.
Upon return of the vehicle and all related equipment, the Customer shall be entitled to the return of the security deposit provided that the rented vehicle has not suffered any damage.
If damage is present, the Lessor shall retain the security deposit as a guarantee until a complete assessment of the damage has been carried out. The result shall be communicated to the Customer, with any excess amount being refunded or any outstanding difference being charged.
Failure to return, loss and/or damage to the keys or documents supplied with the rented vehicle shall result in the Customer being required to pay a rental charge corresponding to the period necessary to obtain replacements, in addition to the related costs.
If the vehicle is not returned to the Lessor by the contractually agreed date and time, a tolerance period of 59 minutes shall apply. After this period, an additional rental day shall be charged, together with the cost of any other services used by the Customer and/or driver to a greater extent than initially indicated in the rental agreement.
In all cases, returning the vehicle to a location other than the collection location, even if originally agreed, shall result in an additional charge calculated according to the time and location of the return.
If the vehicle is returned while the rental offices are closed, where permitted by the Lessor, the Customer shall be required to pay the rental fee until the offices reopen normally and shall remain responsible for all events relating to the rental until that time.
The Customer also undertakes to return the vehicle with a full fuel tank or, in any event, with the same fuel level as at the start of the rental. If this obligation is not fulfilled, the Customer authorises the Lessor to charge, in addition to the cost of the missing fuel, a supplementary fee of €15.00 including VAT for the refuelling service.
Any items belonging to the Customer left inside the vehicle after it has been returned to the Lessor shall be deemed abandoned, and the Lessor shall have no obligation to safeguard or return them.
10. RENTAL PAYMENT
Payment of the entire rental amount is due when the rental agreement is entered into.
At the same time, the Customer shall sign the authorisation contained in the rental agreement allowing charges to be made to the credit card for missing fuel, fines and/or penalty amounts.
The Customer personally undertakes to pay the Lessor:
A) the rental fee, according to the category and type of rented vehicle, rental duration and kilometres travelled, based on the rates applicable at the beginning of the rental or the specific conditions provided for under the applicable rate schedules;
B) any additional charges for optional services requested by the Customer;
C) the contractually agreed supplement where the Diamond Protection clause is purchased;
D) the additional charge applicable where the vehicle is delivered and/or collected outside normal business hours;
E) reimbursement of vehicle delivery and collection costs where the Customer does not rent the vehicle directly from the offices of Leorentalcars s.r.l.;
F) compensation in the event of delayed return of the vehicle. For all rate plans, unless expressly stated otherwise, a tolerance period of 59 minutes from the scheduled vehicle return time shall apply. Once this period has expired, an additional rental day shall be charged;
G) the amount required to refuel the vehicle and restore the original fuel level, plus €15.00 for the refuelling service, where the Customer does not return the vehicle with a full tank or with the same fuel level as at the start of the rental;
H) any amounts due by way of penalties.
11. PAYMENT METHODS
The Customer may pay the rental amount using any payment card (credit card, debit card or prepaid card) or cash.
Credit or debit cards bearing the Visa, V PAY, Mastercard or Maestro logo are accepted.
A Customer using a credit card authorises the Lessor to charge the relevant account for all costs arising from the rental relationship.
The Lessor reserves the right, when the Customer arrives at the rental desk, to request a security deposit through a pre-authorisation on the Customer’s credit card.
Cash security deposits are also accepted.
If a credit card belonging to a person other than the Customer is used as the payment method, the Customer shall nevertheless remain jointly and severally liable with the cardholder for payment to the Lessor of all amounts arising from the rental.
A Customer who has already paid the estimated rental amount in advance by payment card undertakes, upon signing the rental agreement, to confirm such payment and to provide a guarantee for any future obligations using the same card or another credit card, authorising the Lessor to use the card also for the charges referred to in Article 3 above.
For this purpose, the Customer guarantees and indemnifies the Lessor against any legal liability and any claims made by third parties in relation to these General Terms and Conditions, and declares:
a) that they will fully inform the credit card holder and make these General Terms and Conditions available to them so that they are aware of the contractual obligations;
b) that, when providing the name of the credit card holder, the Customer will have previously obtained the cardholder’s express and informed consent to communicate the relevant personal data to the Lessor for subsequent processing under these General Terms and Conditions and pursuant to Article 13 of EU Regulation 679/2016;
c) that the credit card holder’s data are truthful, correct and up to date and have been obtained in full compliance with the applicable Privacy Notice;
d) that, pursuant to point (b) above, the Lessor shall be deemed authorised to process the relevant personal data within the limits specified in these General Terms and Conditions and in the Privacy Notice pursuant to Article 13 of EU Regulation 679/2016.
12. TAX DOCUMENTATION
A personalised invoice shall be issued only if requested by the Customer when signing the rental agreement and provided that the Customer has supplied their Italian tax code and/or VAT number.
13. LIABILITY OF THE LESSOR
The Lessor shall not be liable towards the Customer, the driver or members of their respective families for damage of any kind, including financial loss, suffered by them in relation to persons or property as a direct or indirect consequence of vehicle malfunction or road accidents caused by manufacturing defects.
In any event, the Lessor may not be held liable for any type of damage resulting from theft, riots, fires, earthquakes, wars, natural events, force majeure or unforeseen events.
14. AUTHORISATION TO DRIVE ABROAD
The Lessor authorises the Customer to drive the rented vehicle abroad under temporary export arrangements, provided that the vehicle is driven exclusively by the Customer who signed these General Terms and Conditions and the rental agreement, or by persons identified as drivers in the rental agreement who hold the appropriate driving licence.
The Customer also undertakes not to drive the vehicle in any country other than EU Member States, Vatican City, the Republic of San Marino, the Principality of Monaco, Switzerland and Great Britain, or in any country crossed out with an (x) on the international insurance Green Card, or in any country affected by war and/or political unrest.
Driving the vehicle within the territory of any foreign country other than those listed above shall invalidate all insurance coverage as well as the Diamond Protection clause and shall entitle the Lessor to recover from the Customer all expenses and costs incurred as a result of failure to comply with this obligation.
15. PROHIBITION ON TRANSFER OF THE AGREEMENT
The transfer of the rental agreement and of the obligations arising from acceptance of these General Terms and Conditions in the name of or on behalf of a third party is expressly prohibited.
16. VEHICLE TRACKING
By signing the rental agreement, the Customer expressly and unconditionally authorises the Lessor, or another party appointed by the Lessor, to remotely monitor the correct use and operation of the rented vehicle through satellite alarm and tracking systems.
17. COMPLAINTS
Any complaint to be submitted to the Lessor must be made in writing no later than 20 days after the end of the rental period and sent to: info@leorentalcars.it.
Any dispute concerning charges applied by the Lessor for any reason may be raised only after payment of such charges and, in any event, no later than 20 days after receipt of the relevant invoice.
18. PREVAILING LANGUAGE
The Italian version of these General Terms and Conditions shall prevail in the event of any discrepancy with the English version or any other language version, as the Italian version is deemed to express the intentions of the parties.
19. REFUND OF PREPAID BOOKINGS
For payments made using a prepaid card, refunds are provided only within the 24 hours preceding the request to cancel the booking.
20. WINDOWS AND TYRES
The Diamond insurance rate excludes the driver’s liability for: windows/glass, tyres and vehicle interiors.
21. HIGHWAY CODE VIOLATIONS OR OTHER ADMINISTRATIVE PENALTIES
In the event of a violation of the Highway Code or any other administrative penalty, including failure to pay tolls and/or parking charges, the Customer shall pay any fine imposed in relation to the rented vehicle and reimburse the Lessor for any charges imposed by third parties.
In addition, the Customer undertakes to pay the Lessor a notification fee of €30.00.
22. ANIMALS ON BOARD
Animals may be transported inside the vehicles only if kept in appropriate approved pet carriers.
The Customer is required to ensure that the animal does not cause damage or leave traces such as hair, odours, scratches or other marks inside the vehicle.
Any extraordinary cleaning or repair costs shall be charged to the Customer.
23. NEGLIGENCE NOT COVERED BY DIAMOND PROTECTION
The Customer is required to use the vehicle with the utmost care and diligence, complying with the Highway Code and the instructions provided by the rental company.
Any damage resulting from negligence, improper use, lack of care or failure to comply with the rules shall be entirely borne by the Customer.
In such cases, any insurance coverage may become invalid and the company reserves the right to charge the Customer all repair costs, vehicle downtime costs and indirect damages.
The cases are detailed below:
23.1. Damage caused by negligence or improper use
- Driving on unpaved or prohibited roads;
- Using the vehicle for racing, towing or carrying excessive loads;
- Damage caused while driving under the influence of alcohol or drugs.
23.2. Damage to the vehicle interior
- Burns, tears or stains on seats;
- Scratches or damage to interior panels or controls.
23.3. Damage caused by failure to comply with the terms of the agreement
- Use of the vehicle by an unauthorised driver.
23.4. Damage caused by incorrect fuel
- Refuelling with the wrong type of fuel, for example petrol in a diesel vehicle.
23.5. Loss or damage to keys and accessories
- Failure to lock the vehicle, loss of the key or locking the vehicle with the keys inside;
- Damage to or loss of accessories such as GPS devices, child seats, warning triangles, etc.