Art. 1 Requirements for Rental Access
Both the Customer and each authorized driver of the rental vehicle, as stated in the agreement, must provide all information requested by the Dealer and not to give any false information. In order to drive the rental vehicle the customer and drivers stated in the rental agreement must be in possession of a suitable driving licence, issued for at least 12 months. For drivers between the ages of 21 and 25 years old and over 75 years old access to rental is allowed with the application of a daily supplement.
Art. 2 R.C.A. Insurance Cover
The Dealer guarantees that all vehicles of the Clarent society are covered by an insurance policy within the limits imposed by law and regulations in force. The insurance policy does not cover damage caused by the driver nor his civil liability for damage to objects and animals transported, as well as not covering non-compliance to obstruction or danger traffic signs; it covers, however, the driver’s civil liability for damages suffered by third parties transported, provided that they are not members of the Customer’s family or the driver, as specified in the insurance policy, whose clauses and conditions the customer has read and undertaken to accept. In the event of a claim the Customer must immediately inform the Dealer and complete all sections of the C.I.A. (friendly accident finding) form which is to be found inside the vehicle, indicating accurately the name and address of the parties involved and any witnesses, and providing the Dealer with any useful information, producing as soon as possible and not more than 24 hours after the event, the documentation and to follow the instructions of the Dealer regarding the custody and distribution of the rental vehicle. The Dealer reserves the right to claim against the Customer in the event that the above is not respected.
Art. 3 Fuel
The customer is obliged to deliver the vehicle with the same amount of fuel as from the start of the rental. In the event that the Customer delivers the vehicle with a different amount of fuel, the Dealer is authorised to charge service costs and the amount for the missing fuel based on the category of vehicle rented.
Art. 4 Bookings and Method of Payment
The payment of the rental is agreed between the Dealer and the Customer under contract and is made by credit card, debit card or cash. In the case of on-line bookings, the Customer is required to provide a credit card as a guarantee. In the event of cancellation Clarent is authorised to charge a sum as a compensation penalty by the following means:
- 30% of the total amount of the rental booking if cancelled within 15 days of delivery date.
- 50% if cancelled within 7 days of delivery date; in the event of cancellation 6 days or less from delivery date , Clarent reserves the right to charge the whole amount. The Customer authorises the Dealer to charge this sum to the credit card provided at the time of booking. Bookings made on the Dealer’s website (www.clarent.it) taking advantage of special rates must now entail the payment of the full amount. This amount is not refundable in the case of cancellation. Alternatively, it is possible to take advantage of the “pay on site” method. At the time of signing the agreement the Customer must present to the Dealer a credit card as a guarantee, who will carry out the related pre-authorisation operation as a security deposit, as agreed. The Customer providing the details of the credit card authorises the Dealer to charge the fees due, following and as a consequence of, any damages found on delivery, deductibles, and any expenses or damages that may be found at the end of the rental, such as scratches invisible by night, administration expenses in the event of a claim, fines, motorway tolls, etc. The Dealer is free to ask for a deposit other than the credit card as a greater contractual guarantee, which would be given back at the end of the rental, less the total sum owed by the Customer.
Art. 5 Conditions for use of the vehicle
The Customer acknowledges that he does not have any real rights on the vehicle and is obliged to drive and safeguard the vehicle and accessories in a careful manner in compliance with all the norms of the law, as well as:
- Not to sublet or rent the vehicle;
- Not to let anyone drive the vehicle other than the person authorised on the rental agreement;
- Not to undergo any repair work on the rental vehicle without written consent from the Dealer;
- To immediately inform the Dealer of any breakdowns or abnormalities of the vehicle, stopping the circulation of the same and paying careful attention to the instructions of the Dealer regarding any substitution or return of the vehicle;
- To refill the tank of the vehicle using the correct fuel, also maintaining it carefully, checking the level of the liquid and, where necessary, carrying out the appropriate top-ups. Any negligence on the part of the Customer regarding damage to the vehicle will be fully charged to the Customer, and who will totally forfeit any protection undersigned or original damage deductible under contract;
- Not to drive the vehicle if the tyres do not have the correct pressure, and to check and adhere to the maintenance conditions and use assuming all responsibility in the event of non-compliance with this obligation;
- Not to drive the vehicle under the influence of drugs, narcotics, alcohol, or other similar substances which impair the ability to understand or react: look after the vehicle carefully activating all existing safety devices, avoid leaving any valuable objects inside the vehicle and, in general, doing everything necessary to guarantee the safety of the Dealer’s property;
- Not to use the vehicle to transport illegal goods, explosive materials, pollutants, or any other type of transport in violation of the law or regulations;
- Not to use the vehicle for any type of illegal races, nor to give driving lessons or practise;
- Not to drive the vehicle on bumpy or inadequate roads;
- Not to use the vehicle to pull or push other vehicles or trailers;
- Not to use the vehicle for transporting objects or people for payment;
- Not to smoke and not to allow passengers to smoke inside the vehicle;
- Not to use the vehicle for any other use in violation of the law or regulations, unless specifically referred to in this article;
- To promptly inform the Dealer of any eventuality reported to him by any authority regarding the vehicle during the rental period. In case of violation of the rules listed above the Dealer reserves the right to immediately terminate the contract, regaining possession of the vehicle at any place or time. In the event of this happening, the Customer must continue to sustain the agreed fee for the entire duration of the rental as a penalty for damages suffered by the Dealer, subject to compensation for greater damage suffered by the latter. In the event of additional cleaning the dealer reserves the right to charge the relative amount to the Customer.
Art. 6 Delivery and return of the vehicle
The Dealer delivers the vehicle complete with all accessories required by law and all the necessary documentation for circulation. The Customer acknowledges that the vehicle is supplied with equipment and accessories in good working order and in a good general state, for the use of which was previously agreed on, in addition the Customer is committed to return the vehicle, with all its accessories and documents free from any personal objects or possessions of which the Dealer has no obligation to return, respecting the time and place indicated on the Rental agreement, and in the same condition in which it was delivered, apart from mileage and normal wear. At the time of return, the Customer is obliged to check, along with the Dealer, the condition of the vehicle, checking for any irregularities relating to what was previously indicated in the rental agreement and which is a full proof between the two sides. In the event of a lack of joint verification, the Customer authorises the Dealer to charge for any damages found on the vehicle, even after delivery. In the case of the vehicle not being delivered at the time or place indicated on the rental agreement, or up to 59 minutes after the time indicated, the Customer will be made to pay compensation equal to the agreed rate, in addition to all rental fees, until the Dealer regains possession of the vehicle; the Dealer can regain possession of the vehicle in any way, even against the will of the Customer, and reclaim the costs incurred for this purpose. If the customer wishes he can extend the time of delivery making the request at the rental office or by telephone, with at least 24 hours prior notice. The rental concludes when the Dealer regains possession of the Vehicle. In some offices and with prior notice to the Dealer, the Customer can leave the car near to the office of the Dealer on holidays and during closing hours inserting the keys in the appropriate box. It is understood that the Customer is still responsible for any damages sustained until the vehicle is in possession of the Dealer and its condition checked by the Dealer.
Art.7 Obligations of the Customer
The Customer is responsible for the rental vehicle and agrees not to use it in violation of any state laws or regulations, he also agrees to release the Dealer from any civil or penal liability deriving from use or irregularity of the rented vehicle, the Customer is obliged to pay any deductibles indicated in the rental agreement, apart from exceptional cases where the Customer subscribes to a “Gold” or “Platinum” packet, in any case they are excluded from any insurance cover in the event of gross negligence by the Customer in violation of the highway code or other laws or regulations. Also excluded are damages caused by the Customer to the vehicle or for neglect, such as the costs of restoring and/or cleaning the passenger compartment of the vehicle if this is returned at the end of the rental with permanent stains and/or burns; damage to the roof or the clutch kit. If the costs sustained for the restoration of the vehicle is higher than the cover of the compensation penalty referred to above, the Customer will be required to reimburse the Dealer for the amount of the damage by accepting the estimate prepared for this purpose from the workshop affiliated with the Dealer.
Art. 8 Theft and/or Accident
In the event of theft or robbery the Customer is required to make a formal complaint to the competent authority. The Customer is also required to deliver to the Dealer a copy of the complaint, the car keys, the keys of any anti-theft devices installed in the vehicle, and any documentation remaining in his possession, within 24 hours of the event. Failure to return all the keys to the Dealer, except in the event in which the theft is proven, will represent a violation of what has been expressed above, in which case the Customer will be charged the entire value of the vehicle, recognized by the world automobile market. The Customer accepts that in the event of theft or robbery, regardless of obligations, the credit card, provided in the contractual phase of the agreed sum, will be charged, and will only be returned after officially accepting responsibility. The Dealer has the right to claim against the Customer, if the insurance cover is inadequate, if he is directly or indirectly, responsible for favouring the theft. In the event of an accident suffered or caused by the rental vehicle the Customer is obliged to communicate this to the Dealer within 24 hours of the incident and compiling and forwarding the C.A.I. form. Failure to comply in reporting these obligations will result in all limitations and/or exclusions of liability for theft or robbery in the Customer’s favour losing their effectiveness, and who will remain responsible for the damage suffered by the Dealer. If the Customer provides the Dealer with the appropriate C.A.I. form, with all parts correctly filled in and signed by the counterpart, with clear assumption of responsibility, the deductibles will not be charged to the Customer. But due to any inevitable insurance increases and administrative costs, the Customer is required to pay a penalty of 300,00 euros + iva, this is applicable even with the acquisition of Gold and Platinum products.
Art. 9 Charges
The Customer is obliged to inform the Dealer of:
- The rental fee confirmed on the basis of the rates present in the agreement phase, in the case of a rental between a Tour Operator the Customer is still obliged to pay the Dealer the sums due according to the rental agreement;
- The refund of expenses incurred by the recovery of the vehicle not being returned to the place stated in the contract;
- The amount of financial penalties chargeable to the Customer, for violation of traffic laws or other legislation, made by the Customer during the rental period of the vehicle, plus administration expenses of 50,00 euros;
- The amount needed to refill the fuel tank to the same level as at time of delivery;
- The costs for restoration and/or additional cleaning of the cockpit of the vehicle, if this is returned at the end of the rental with permanent stain or burn marks;
- The amounts named deductibles as stated on rental agreement, relating to damage or theft of the vehicle;
- The amount corresponding to any other service the Customer has used;
- Any other sum due by the Customer on the base of what is stated in the present conditions. Any surplus petrol will not be refunded to the Customer.
Art. 10 Contract in the Name and/or on Behalf of Third Party with Joint Liability
Whoever undersigns the rental letter on behalf of a third party is jointly liable with the obligations stated in the rental agreement itself. The Customer is responsible, in any case, for the actions and/or omissions of anyone who drives the vehicle. All additional authorised customers and/or drivers, as well as, credit card holders will be jointly responsible for all the obligations of the titleholder of the rental agreement arising from the contract and the laws applicable to it.
Art. 11 Privacy
According to article GDPR 679/2016 the Customer acknowledges having received and read the information on the processing of personal details entrusted to Clarent for the requested service. The Dealer will provide the Customer’s personal data, as established by the privacy legislation currently in force, available for consultation on the website (www.clarent.it/privacy-policy-cookie-restriction-mode/)
- To companies related to Clarent, with partnerships, affiliations, limited to what is necessary for the provision of the rental service;
- To supervisory and local authorities or parking companies;
- To third parties such as lawyers or consultants, who manage credit recovery in the name of on or behalf of Clarent; the Customer also acknowledges being informed about the storage of their personal data.
Art. 12 Termination clause
According to article 1456 c.c. the Dealer reserves the right to terminate the rental agreement if the Customer has violated any one of the clauses contained in the rental agreement or any one of the conditions as above.
Art. 13 Interpretation
If one of the provisions of the rental letter/agreement and these general conditions is deemed invalid or ineffective, in whole or in part, it will be eliminated and the contract will remain valid and effective for the remaining provisions.
Art. 14 Translation
In the case of doubts or differences in interpretation the Italian version prevails over the English one. The text in English, available on the website represents a mere literal translation.
Art. 15 Applicable Law and Exclusive Law Court
The rental agreement signed by the parties is governed solely by Italian law. For any dispute, arising from and/or connected to the rental of the vehicle, for any action necessary for the compulsory recovery of the credit accrued by the Dealer, it will be the competent of the court of Messina, with the exception of the hypothesis regarding art. 1469 bis c.c.