The company SORRENTAL SAS, located in Massa Lubrense (NA) at via dei Campi, 7 hereinafter referred to as "Lessor", leases its vehicles to the lessee hereinafter referred to as "Customer", according to the terms and conditions specified below:
The Customer must be at least 18 years old and not older than 80 years old. Customers aged between 18 - 21 years can rent a vehicle only upon payment of the "young driver" surcharge, which amounts to 30.00 euros per day. The Customer must possess a valid driver's license, suitable for the vehicle being rented, and that is not suspended, revoked, or withdrawn at the time of signing this contract and throughout the rental period. The Lessor reserves the right to verify the existence of these requirements at any use of the vehicle. Any changes to the status of the driver's license (such as, by way of example, withdrawal, suspension, or expiration) must be immediately communicated by the Customer to the Lessor. In case of violation by the Customer of any of the obligations and requirements mentioned above, the Lessor may terminate the Contract and seek compensation for damages, charging the Customer for all consequences and sanctions.
The vehicle is delivered with a full fuel tank, in perfect condition, and equipped with all accessories and documents required by law and usage (emergency stop triangle; tools; high visibility vest; spare wheel and/or inflation kit consisting of compressor and tire repair foam, as well as other accessories listed on page 1 of the rental contract; registration document, which must always be left in the vehicle; insurance certificate and sticker, and the green insurance card). This circumstance is accepted by the Customer's lack of objection, who, by taking the vehicle, acknowledges that it is in excellent maintenance condition and suitable for the agreed use and that it is equipped with all the above-mentioned accessories and documents. The Customer undertakes to return the vehicle, at the end of the rental period established by the contract, in the same condition with all documents and accessories. The term "day" is defined as a period of 24 hours or fraction thereof from the moment the vehicle was delivered to the Customer. A maximum tolerance of 59 minutes is allowed, after which an additional day of rental will be charged. In any case, the Customer who intends to extend the rental period must go to the Lessor's offices as soon as possible to sign the extension of the rental contract or to draw up a new contract. However, the Customer who wants to extend the rental period beyond the already agreed and signed contract period can do so after requesting authorization from the Lessor by email (claudioacunzo@hotmail.it) at least 12 hours before the rental period expires. The Lessor will process all requests as quickly as possible. If the Customer, without the aforementioned authorization, does not return the vehicle within the agreed term, an amount of 150.00 euros will be charged as a penalty, in addition to the rental price for each additional day, without the need for any prior communication. Early termination of the rental contract by returning the rented vehicle does not entitle the lessee to any claim for reimbursement, partial or total, from the lessor.
The Customer agrees to use the vehicle with the diligence and prudence of a good family man and in particular must not allow it to be used: a) for the transport of people for commercial purposes; b) to push or tow vehicles, trailers, or other things; c) on rough roads or roads not suitable for vehicular traffic; d) in races, trials, or competitions; e) driven by persons other than the Customer unless such person has been previously indicated in the contract and authorized by the Lessor; f) by the Customer or the driver under the influence of alcohol, drugs, hallucinogens, narcotics, barbiturates, or any other substance that impairs consciousness or the ability to react; g) in violation of any customs, traffic, or other regulations in force even after the signing of this contract; h) outside Italy without the Lessor's written authorization and without the appropriate supplementary insurance, if required. Driving the vehicle in a foreign country renders all insurance coverage ineffective and entitles the Lessor to charge the Customer for all expenses and costs incurred due to the breach of the commitment undertaken. The Customer is obliged to: a) pay attention to the type of fuel to be used in the tank; in case of using fuel not suitable for the vehicle's engine, the Customer will be held responsible for all damages and any costs incurred for the recovery of the vehicle; b) take care of the vehicle's ordinary maintenance, lubrication, checking levels, lubricants, and brake oil; c) hold the Lessor harmless from any claim made by third parties for damages to goods transported or otherwise present in the vehicle; d) not to introduce animals into the vehicle; e) acknowledge that they do not hold any real right on the vehicle and cannot, therefore, sell or dispose of it even as a pledge.
The Lessor cannot be held responsible for any damage suffered by the Customer or third parties resulting from the use of the vehicle in case of non-compliance with the usage conditions referred to in point 3 (three) or for loss or damage to the Customer's property left in the vehicle or for damages and inconveniences resulting from delivery delays, breakdowns, as well as for the interruption of services due to force majeure or unforeseeable circumstances.
Anyone signing this contract in the name or on behalf of another person and/or company will be jointly and unlimitedly liable with their principal for the obligations assumed towards the Lessor. The Customer is in any case liable for the actions and/or omissions of anyone driving the vehicle.
The Lessor is required to deliver the rented vehicle with the following insurance coverage: a) Third-Party Auto Liability for road traffic damages with a single limit of 5,000,000.00 euros (five million//); b) Civil liability of passengers. The rented vehicle does not have insurance coverage for any damages suffered by the driver of the vehicle itself (so-called driver policy). The rented vehicle does not have any insurance coverage for possible thefts or damages to material goods transported inside the rented vehicle. In case of a road traffic accident and, therefore, if the above-mentioned insurance coverages are used for the rented vehicle, regardless of the extent of the damages caused in the accident, an amount of 800.00 euros (eight hundred//) will be charged to the Customer as a penalty, even subsequently, by charging the credit card. However, in the only case where the responsibility for the accident lies with other vehicles and exclusively if this can be inferred from a statement signed by the civilly liable party of the accident in the presence of the Lessor or his delegate, the penalty applied will be 300.00 euros (three hundred//). In case of an accident, if the Customer or the Driver of the rented vehicle is fined for driving under the influence of alcohol or drugs, all consequences will be charged to the Customer, in particular, the amounts that the insurance company claims by way of recourse will be entirely charged to the Customer. By signing this contract, the Customer expressly authorizes the Lessor to charge the amounts for the aforementioned penalties from the moment of the accident or from the moment the Lessor (also through his insurer) receives a report of the accident or a claim for damages from third parties.
Any accident involving the rented vehicle must be reported to the Lessor within 12 hours. The Customer is obliged to note all personal data, vehicle identification, and insurance details of the other party/parties and communicate them to the Lessor; the Customer must complete the amicable accident report (CAI) in all its parts, sign it and have it signed by the other party; the Customer must not acknowledge his own responsibility without having previously contacted the competent authorities and the Lessor and must obtain the details of any witnesses. The Customer agrees to cooperate with the Lessor and his insurers in any investigation or legal proceedings. If the Customer does not submit the amicable accident report completed in every part and signed by the other party, together with the report completed by the Authorities and/or does not fulfill the other formalities mentioned above, the Customer remains responsible for the full value of all damages caused to the vehicle, regardless of the penalty limit or the signing of the "Car Protection" clauses (point 10). Additionally, the Customer will be charged, as downtime compensation, an amount determined according to the official rates in force, equal to the amount due if the rental had continued for a period equal to the time required for repairs and sourcing replacement parts.
In accordance with Article 1588 of the Civil Code, the Customer is obliged to compensate the Lessor for any damage, for any reason, occurring to the vehicle unless the Customer proves that the damage occurred due to reasons not attributable to him. The damages will be detected and quantified based on the price lists of the Manufacturers and will also include labor costs, consumables, waste disposal, and vehicle downtime for the time necessary for repair and sourcing replacement parts. At the time of signing the contract, the Customer is required to pay, by credit card, a security deposit of 1,000.00 euros (one thousand/00). The amount will be refunded to the Customer if, upon termination of the contract, the vehicle is returned intact and complete with all parts and accessories. For any damage to the vehicle, its parts, or accessories, attributable to any circumstance, the Lessor is authorized to charge the Customer's credit card a sum of money commensurate with the extent of the damage suffered. Punctures and tire damages are the responsibility of the Customer. Any repairs carried out by the Customer without prior written approval from the Lessor will not be reimbursed. Any authorized repairs must still be documented by a regular invoice addressed to: Acunzo Claudio via Dei Campi n.5, 80061 Massa Lubrense (Na). VAT: 08344661213.
In case of theft and/or partial/total fire of the vehicle, the Customer is required to pay a penalty of 2,500.00 euros (two thousand five hundred/00). The Customer is obliged to return to the Lessor the original keys of the vehicle and the theft report filed with the competent Authorities. In case of non-compliance with the above, the Customer will be charged a penalty equal to the commercial valuation of the vehicle, reported by Eurotax Yellow at the time of the theft, in addition to the value of optional extras and any fittings. After 24 hours from the failure to return at the end of the rental, a theft report will be filed against the lessee, unless a timely communication of a proven impediment to return is made.
The Customer can limit their liability by subscribing to the optional “Car Protection” clause, the cost of which is 30.00 euros (thirty/00) per rental day. Subscribing to the “Car Protection” clause does not entirely exempt the Customer from liability for the event, but only results in a reduction of the deductible amount by 50%, as specified: Vehicle damage deductible reduced from 1,500.00 euros to 750.00 euros and Theft/Fire deductible reduced from 2,500.00 euros to 1,250.00 euros. The limitation of liability applies only if the damaging event is not attributable to willful misconduct or gross negligence of the Customer and to improper use of the vehicle, as well as damages caused by vegetation or driving on unpaved roads, and provided that the damage does not concern any of the following elements and/or parts of the rented vehicle: 1) glass and windows; 2) wheels; 3) underbody; 4) roof or soft top; 5) mechanical parts; 6) door locks; 7) upholstery; 8) internal parts in general; 9) all vehicle accessories; 10) documents, including insurance documents; 11) keys, plates, triangle, safety kit.
During the period of vehicle use, the Customer is fully and directly responsible for any penalties or other consequences due to the commission of offenses and/or violations related to road traffic regulations as provided by the Italian legal system, including charges for access to restricted traffic areas, parking bans, forced removal, speeding, non-payment of tolls, non-payment of parking fees, drunk driving, or driving under the influence of drugs, or violation of any other provision of the road code, laws, or regulations in force. The Lessor will charge the Customer the amount of all related penalties, plus a flat fee of 50.00 euros for administrative expenses for handling each case or penalty. In case of a criminal offense for driving the rented vehicle while drunk or under the influence of drugs, all consequences of such conduct will be charged to the Customer, in particular, the Customer will be charged in full for the amounts of the fines and legal costs necessary to obtain the return of the vehicle to the Lessor if it has been seized by law enforcement or judicial authorities. Furthermore, in case of vehicle seizure, a penalty of 2,000.00 euros (two thousand) will be charged to the Customer. The Customer expressly accepts this clause. The lessor will immediately pay the administrative penalties with full charge of the amounts to the offending Customer, who, by signing this contract, expressly consents, from now on, to the charge of all amounts that will be due, directly or indirectly, by virtue of the rental, even after the invoicing of the rental fee, on the credit card or prepaid card used to guarantee the payment of the monetary obligations deriving from this Contract, with the express waiver to raise any objection against the Lessor even if it is later established, through judicial appeal of the fine, that the penalties were not due.
The Customer will pay or reimburse Acunzo Claudio, upon the Lessor's request, the following amounts: a) hourly charges exceeding those previously agreed upon, except for the additional charges referred to in point 2 (two) second paragraph; b) the amount of missing fuel compared to the amount present at the time of vehicle delivery, plus 20.00 euros (twenty/00) for refueling service; c) parking and towing expenses when requested by the Customer; d) taxes applied to this contract in cases of its necessary registration by the Lessor; e) costs incurred by the Lessor related to the collection of payments due from the Customer, including legal fees; f) costs quantified at 50.00 euros incurred by the Lessor for the administrative management of fines charged to the Customer and unpaid tolls during the rental period; g) for loss and/or damage and/or theft of: 1) documents, including insurance documents, costing 100.00 euros; 2) keys costing 250.00 euros; 3) plates costing 400.00 euros. Customers using a credit card accept that all charges will be made to their account. In particular, the Customer expressly accepts, with reference to point 6 (Insurance), that charges may be made up to 12 months after the rental end date and, with reference to point 11 (Fines), the Customer expressly accepts that charges may be made up to 91 days after the rental end date.
By signing the rental contract, the Customer expressly and unreservedly authorizes the Lessor, or another person appointed by them, to remotely monitor the proper use and functioning of the rented vehicle through satellite alarm systems.
Any complaint to be submitted to the Lessor must be received in writing no later than 30 (thirty) days from the end of the rental.
The Italian text of these General Conditions of Contract prevails, in case of discrepancies, over the English text as it expresses the exact will of the parties.
For all civil disputes relating to the rental relationship and this contract, the Court of Naples or the Justice of the Peace of Naples will have exclusive territorial jurisdiction, expressly excluding any other forum. By signing this contract, the Customer declares that they have been expressly and adequately informed about this article and have expressly consented to the condition provided herein.
Pursuant to Legislative Decree 30 June 2003, n.196 (Personal Data Protection Code), the Customer, by signing this document, declares to have been informed that the data provided may be processed in compliance with this legislation. The data controller, according to the Law, is Mr. Acunzo Claudio. These data will be used for the conclusion and execution of car rental contracts, as well as for the creation of a customer database for these purposes and for the activation of the international standards of the payment systems agreed with the Lessor. The same data may also be used by the Lessor to allow public authorities to forward any disputes to the Customer responsible for violations of the road code or other applicable regulations, for the payment of the related monetary penalties by the Customer. The data processing will be carried out using tools suitable to ensure their security and confidentiality. The provision of data by the Customer and consent to its processing are free and necessarily functional to the establishment and conduct of this contractual relationship. In any case, the Customer can obtain at any time the update, correction, or deletion of their data.
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