GENERAL RENTAL TERMS AND CONDITIONS
Autonoleggio Magellano (the tenant) grants the rental to the customer (the customer) of the indicated vehicle on the RENTAL CONTRACT in according with the terms and conditions here provided for by law and with the following ones and overleaf written:
A) EQUIPMENT - The vehicle is rented delivered with sealed odometer, normal tools, a spare wheel, car stereo, vehicle registration in original copy. The vehicle can be equipped with location satellite detection system.
B) DELIVERY AND RESTITUTION OF THE 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 restitution of the vehicle to the tenant. The vehicle is given in perfect condition and must be returned in the same condition it was given with exception for normal usage at the offices of the tenant at the day and time indicated in this document of rental. If the customer decides to modify the terms of restitution (date, place, time and so on), he will have to obtain the prior written consent of the tenant with a request at least three days before the date of scheduled restitution of the vehicle.
C) CAUTION MONEY - The caution money is necessarily required. If at the time of returning the vehicle it will be found damages on the same vehicle, caution money will be retained by the tenant for the damages.
D) VEHICLE MAINTENANCE - The customer ties himself to a proper usage and to do maintenance procedures prescribed by the manufacturer of the vehicle and he will respond to any damage caused to the vehicle. The customer has to regularly check oil and coolant levels and to adjust tire pressure; the vehicle is delivered in perfect condition and efficiency. In the case of mechanical failures occurrence , the customer will only go to the nearest dealer or to authorized mechanic’s workshop for the necessary repairs. The customer will be refunded for expenses incurred in such repairs, documented by regular invoice headed to the tenant. Repairs with an amount over € 30.00 must be authorized by the tenant upon phone call. The customer waives, in case of a breakdown, to require the tenant any benefits both for the forced interruption or suspension of the contract and for any related obligation.
E) USAGE OF VEHICLE - The vehicle can be driven exclusively by the customer, or by the second driver if indicated on RENTAL CONTRACT, on condition that he is provided as the customer of a regular driving license that authorizes the vehicle driving. The vehicle must not be driven by other people unless prior written authorization of the tenant. The vehicle also must not be driven by people in state of drunkenness, of recklessness or rather under the effect of alcohol or drugs or other substances, and however by any other people who are in psychophysical conditions in contrast with the rules of the traffic laws. The vehicle must be used according with the principle of a good family father and must not be used for illegal transport of goods (contraband, weapons, narcotics, dangerous goods, etc.), for transport of passengers expressly upon payment or by tacit ageement, illegal purposes (sprint races or route challenges or any kind of races). It is absolutely forbidden for the customer to go abroad with the vehicle (except for cases with prior written authorization by the tenant).
F) INSURANCE (car accidents and thefts) - The client and any other person authorized to drive (see paragraph E) is covered by an insurance policy for third party civil liability and for damages to animals or objects, within the limits of the laws in force in Italy. The customer accepts all described conditions, understood that it is a standard car insurance policy. The customer also commits to protect the interests of the tenant and his insurance company in case of accidents during the car rental and furthermore he will have to:
a - provide names and addresses of the parties involved in the accident and of the witnesses
b - do not admit any liability or guilt
c - do not leave the vehicle unattended without having taken measures to ensure an adequate safeguard
d - immediately notify by telephone to the tenant even in case of minor damages, and then send, within 24 hours following the accident, a telegram, a detailed report with a sketch, otherwise it shall be the forfeiture of any insurance
e - immediately inform the police authorities in case of need for verifications against third parties or when there are injured people. The insurance also covers the risks of vehicle fire and theft and the damages caused to the same vehicle with "casko" system except for insurance deductible up to € 780,00 charged to the driver. The possible assessed damages, within the described insurance deductible, will be withheld from caution money or credit card. Damages to the furniture and equipment of the vehicle are not covered by insurance and they will be paid back exclusively by the customer. The customer also discharges the tenant from any loss caused by thefts, damages or shortage of goods or personal luggage. In case of fire and / or theft of all or part of the vehicle, the customer's responsibility is limited to the payment of the insurance deductible up to 780,00 EUR. The customer is fully responsible for the compensation of the cost of the vehicle in case of theft by missed keys return, or in case that the theft is caused by customer negligence and / or incompetence.
L) PROHIBITION OF TRANSFER: The Customer commits himself not to transfer, sell, mortgage and / or pledge the vehicle, tools, equipment and any other of its part, and in any case not to act in contrast to the right of property about the use of the vehicle of the tenant.
M) The tenant reserves the right to not provide a replacement vehicle in case of accident, theft, damage or for any other reason at its incontestable discretion, without having to justify such refusal.
N) JURISDICTION - for any litigation arising from and/or incidental to the vehicle rental, in particular for any necessary action to coercive collection of the accrued credit by the tenant, it will be exclusively jurisdiction of the registered office of the tenant or other jurisdiction deemed adequate by the first one, with the exception of the hypothesis defined in clause 1469bis of the Civil Code
O) LOSS - The tenant won’t be responsible in any case for the loss of items that the customer or third parties may have left or loaded on the vehicle during the rental period or after the returning of the vehicle, except for malice or grave fault.
Q) CHANGES - any change and / or addition to the rental terms and conditions here indicated will be effective only if eventual changes will be made in written form
R) The customer, upon signing this contract, proclaims that he is disposed to rent the indicated car, at the price and on the terms set out both in GENERAL CONDITIONS and in CONTRACT CONDITIONS with particular reference to insurance conditions.
S) DECLARATION OF RESPONSIBILITY - The customer or the driver declares that they are well aware that in case of missed vehicle restitution according to contractual terms, in absence of any valid impediment reason (force majeure) constitute felony of pillaging or, in the worst cases, of contractual fraud.
CHECKED THE VEHICLE BEFORE DEPARTURE I DECLARE THAT THERE ARE NO SCRATCHES OR DAMAGES TO THE BODY AND INTERIOR PARTS OF VEHICLE APART FROM THOSE ONES REPORTED IN THE RENTAL PROPOSAL.