GENERAL RENTAL INFORMATION
Our rates include: unlimited mileage (unless otherwise indicated), damage and theft reduction, car radio, VAT (22%), road tax, airport/downtown charges (16%), vehicle preparation, registration fees. Our rates do not include: total, elimination of damage and theft penalty reduction, fuel, refuelling service, fines, optional clauses (SKPLUS COVER , PAI and Road Assistance Plus), extras, surcharges and everything not expressly included. Please note: Vehicles must be returned during office opening hours. If the customer returns the vehicle while the local office is closed, he/she will be held liable for any damage to the vehicle that may be caused during the parking period until the office opens, when SKARENT staff will take over the vehicle. The maximum permitted rental period is 29 days. For rentals of a longer duration, the customer is obliged, at the end of the 29th day, to return to the office that generated the contract, close it and sign a new contract. For rentals of 30 days or more, the amounts and conditions of the “Monthly” rate agreed upon at the time of concluding the rental agreement shall apply. In the case of mileage, the “Monthly” package includes 3500 km per month (30 days). Extra kilometres are subject to a surcharge (see relevant information published on the website). Should the rental period exceed 30 days, we remind you that you will be required to fulfil all the formalities and obligations set out in Article 94, paragraph 4 bis of the Highway Code relating to the updating of the national vehicle register. In the event that you fail to fulfil these legal obligations, you shall fully indemnify SKARENT from any liability arising from such failure. Minimum and maximum age For the rental of category A/A1/A2/C/D/E1/E2/F/S cars, the minimum age required for the driver is 21 years, subject to payment of a daily “Young Driver” surcharge. The corresponding charge is € 5.00 + 16% charges + VAT per day. Drivers who are at least 23 years of age for groups A/A1/A2/B/C/D/E1/E2/F/S may rent cars at no extra charge. For category G/J/N/N1/U cars, the driver must be at least 25 years old. The maximum permitted age for all car groups is 80 years. Validity of driver’s licence + original identification For the rental of category A/A1/A2/B/C/D/E1/F cars, the driver must present a valid driver’s licence issued at least 1 year ago. For the rental of all other car groups, the driver must be in possession of a driving licence issued at least 3 years previously. In addition to the driving licence, the driver must also be in possession of (and present) a valid, original identification document. In the absence of even one of the above two requirements, delivery of the booked vehicle will not be possible. Additional requirements for the driving licence – it must always be presented in original; – it must be valid at the time of collection of the vehicle and expire after the scheduled return of the vehicle; – it must not have abrasions or be deteriorated in such a way as to compromise legibility; – it must not have corrections unless these are authenticated with a special stamp by the issuing authorities – it must not bear a signature or photo other than that of the customer; – all driving licences issued by a European Union country are valid for driving in Italy; they must always be accompanied by a valid identity document; – for driving licences issued in countries outside the European Union, the customer must present the international driving permit together with his licence. The international driving licence is valid for 1 year from the date of issue, therefore it must be valid; – licences with non-Latin characters (e.g. Arabic, Chinese, Japanese, Cyrillic) must be translated into Latin characters by the Embassy or Consulate; – military licences, provisional licences, photocopies of the licence, substitute declarations (Agencies, etc.) are not accepted under any circumstances. CAR REGISTRATION
Our rates include third-party motor liability insurance with a single limit for each accident, including accidents to animals and property. Payment method + Deposit on customer’s credit card To pay for the rental, the driver must be in possession of a financial credit card in his name at the beginning of the rental period, or leave a deposit in cash or by bank cheque payable to SKARENT. Furthermore, a prerequisite for the delivery of the car is the availability on the credit card of a sufficient credit balance to cover the amount that will be collected/blocked at the conclusion of the rental agreement. International Visa/Mastercard credit cards are accepted. Cash deposits, cheques will be accepted. At the time of rental, a deposit equal to the amount of the rental charge, full fuel charge and any reduction in penalty will be required. This deposit will be refunded if the car is not stolen and is returned undamaged and with a full tank of fuel. Fuel and Refuelling Service The car is delivered with a full tank of fuel. If the car is not returned with a full tank of fuel, an additional charge of €20.00 + apt/dt (16%) + VAT (per individual car) will be made for the refuelling service (in addition to the missing fuel). Out-of-hours surcharge An “out-of-hours” surcharge will be charged for the collection of cars outside the normal opening hours of our offices. The amount of this surcharge is € 31.00 + airport/downtown charges (16%) + VAT for deliveries within 1 hour after office closing time; ATTENTION! All out-of-hours deliveries and all out-of-hours returns in the presence of a counter operator are subject to confirmation. Delays There is a maximum tolerance of 59 minutes in returning the car beyond which an extra 1 day’s rental will be charged. ACCESSORIES All accessories – with the exception of what is specified below regarding snow chains – are optional and must be considered on request and subject to availability. For details of the territorial areas/roads affected by the aforementioned obligation, see www.poliziadistato.it.
PARKING SEATS (Baby Seat) GROUPS COST + CHARGES 16% + VAT All € 34.00 – SKI HOLDER GROUPS COST + CHARGES 16% + VAT All € 34.00 – GPS: It will be possible to request the GPS at the time of booking. The customer may only return the GPS to our offices during opening hours. It is not permitted to return the GPS when the offices are closed. The corresponding surcharge is € 3.53 + apt/dt charges (16%) + VAT per day. A deposit of € 50.00 including VAT and charges will be requested at the counter. For the return of the GPS in a city other than the city of exit, a surcharge of € 20.00 + apt/dt charges (16%) + VAT will be applied. In the event of theft and/or loss and/or damage to the GPS, a penalty of € 180.00 + VAT shall be charged. It is understood that the customer remains obliged to make a full statement of the incident to be handed in to the vehicle return office. In case of loss of cable, loss of GPS bag, loss of windscreen mount, a charge of € 25.00 + apt/dt charges (16%) + VAT will be made for each item lost. – WI-FI MOBILE: Wi-Fi Mobile is a pocket-sized wireless router with the ability to connect on the move via USB cable or in Wi-Fi mode. It is possible to connect up to 8 devices simultaneously in Wireless mode throughout the country, up to 21.6 Mbps receiving and up to 5.76 Mbps transmitting. The battery has a battery life of up to 5 hours and can be recharged via USB cable or car charger. The relevant surcharge is € 2.83 + apt/dt charges + VAT per day. You can request WI-FI Mobile directly at the counter or book it via the website. Applicable penalties: – Theft and/or loss and/or damage to the router: € 150.00 + VAT; – Theft and/or loss and/or damage to the SIM card: € 50.00 + VAT; – Theft and/or loss and/or damage to the USB cable: € 7.00 + VAT; – Theft and/or loss and/or damage to the car charger: € 7.00 + VAT. – It is not possible to return the router to a different office from the one where the rental begins, but if this happens, a penalty of € 50.00 + VAT will be charged. – Additional Driver An additional driver will be charged € 5.00 per day to be paid locally at the time of rental. A maximum number of 3 drivers (including the main driver) is permitted. – Oil and maintenance Any oil charges will be reimbursed upon presentation of a regular invoice made out to SKARENT. No maintenance costs will be reimbursed to the customer without prior authorisation from the counter staff. Type of car Although SKARENT makes every effort to deliver the type of car requested, it cannot always guarantee a particular model of car. In the event that the booked car model is not available, it will be replaced with a model belonging to the requested group or with a group of a higher category at no additional cost. Fines and non-payment of motorway tolls The customer will be notified of all fines and infringements of the Highway Code as well as non-payment of motorway tolls and/or parking tickets occurring during the rental period. In addition, the customer will be charged a handling fee directly to the credit card of € 50.00 + VAT for each fine and/or motorway toll and/or parking ticket. Failure to collect the car (No Show) In the event of failure to collect the booked car within 2 hours of the time specified on the booking, the car may not be available, unless the customer promptly notifies the car collection office of any delays and has provided the arrival flight number and a valid and regularly traceable telephone number when booking. 24-hour Customer Assistance in Italy In the event of a road accident in Italy, the customer must contact our SKARENT offices on the landline number 00390932993679 or on the mobile phone number 00393314376881. The tow truck will retrieve the vehicle and transfer it to the nearest SKARENT office for replacement. In the event of a breakdown or damage that results in the immobilisation of the vehicle, subject to the proof referred to in Article 1588 of the Civil Code, the Customer shall be charged the towing fee of €150.00 plus VAT unless he has subscribed to the optional “Road Assistance Plus” cover at the beginning of the rental period. Territorial rental area Vehicles may be driven only and exclusively in the following countries: Italy, Portugal, Spain, Andorra, France, England, Scotland, Wales, Ireland, Northern Ireland, Belgium, Holland, Luxembourg, Liechtenstein, Germany, Switzerland, Austria, Denmark, Norway, Sweden, Finland, Croatia and Slovenia.
It is strictly forbidden to drive the vehicle in any country other than those listed here. In the event of theft and/or accident and/or damage of any entity occurring in countries where it is not possible to drive the vehicle, the driver is fully liable even if he/she has subscribed to the SKPLUS COVER and/or PAI clause and is in any case obliged to make a detailed statement of the event. Check Out Report It is mandatory to check the condition of the vehicle before departure. If any discrepancy is found regarding the state of use of the vehicle at the time of signing the rental contract, it is mandatory to inform the office that delivered the vehicle. The client’s right to notify the lessor of the discovery of any hidden defects at the time of delivery and/or of defects that occurred during the rental period that are not attributable to him shall remain unaffected. Such defects shall be reported to the Lessor immediately. It is absolutely forbidden to drive on unpaved roads. The customer is fully liable for any damage caused as a result of driving on unpaved roads, even if the SKPLUS COVER and/or PAI clause has been signed. Animals on board Animals are not allowed on board the rented vehicle. CLIENT’S LIABILITY IN CASE OF DAMAGE AND THEFT TO THE RENTED VEHICLE CHARGE CHARGES Theft charges: in the event of theft/fire, the customer will be charged the fixed penalty indicated below, which must be paid at the beginning of the rental period by credit card. GROUPS QUOTE + VAT A/A1/A2/B/C € 1,400.00 D/E1/E2/F/J/N1/S € 1,600.00 N € 2,400.00 G/U € 2,500.00 Damage charge: in the event of damage to the vehicle, the customer will be charged the fixed penalty indicated below, which must be paid at the beginning of the rental period by credit card. GROUPS QUOTE + VAT A/A1/A2/B/C € 900.00 D/E1/E2/F/J/N1/S € 1,200.00 N € 1,800.00 G/U € 2,200.00 The penalties for damage and/or theft are per single event. Pursuant to Art. 1588 of the Civil Code, the Lessee is obliged to indemnify the Lessor for any damage, for whatever reason, occurring to the motor vehicle if he does not prove that the damage occurred due to a cause not attributable to the Lessee. The rental agreement contains specific liability provisions for the use of the vehicle; among these, particular importance is attached to observing the rules of proper and diligent use (e.g. avoiding unpaved roads and observing the common rules of care and maintenance) as well as observing road traffic regulations. In the event of non-fulfilment, even if the SKPLUS COVER and/or PAI clause has been signed by the customer, the entire damage shall be borne by the customer. Therefore, for further details, we invite customers to read the General Terms and Conditions in force, and remind them that, in addition to the cases expressly provided for, the limitations of liability shall not apply in cases of wilful misconduct or gross negligence pursuant to Article 1229 of the Civil Code. SUPPLEMENTS FOR ELIMINATION REDUCTION OF DAMAGE / THEFT CLAUSE SKPLUS COVER GROUPS DAILY FEES + 16% + VAT A/A1/A2/B/C/D/E1 € 6,35 E2/F/G/H/J/N/N1/S/U € 11,30 The customer who wishes to travel with the utmost peace of mind has the option of eliminating the DAMAGE / THEFT / FIRE penalties by signing the SKPLUS COVER clause, inserting it at the time of booking (see box “applicable supplements” during quotation).The SKPLUSCOVER, which is not insurance coverage, includes: -total elimination of damage penalties; -total elimination of theft/fire penalties with the exception of partial and/or total theft occurring in CAMPANIA, PUGLIA, MOLISE, BASILICATA, CALABRIA, SICILY, CROATIA and SLOVENIA In such cases, the theft charge is not totally eliminated but reduced to the non-eliminable amounts listed below: GROUPS DAILY FEE + CHARGES 16% + VAT A/A1/A2/B/C/D/E1/E2/F/S € 300.00 G/J/N/N1/U € 600.00 The SKPLUS COVER does not include: loss and/or damage and/or theft of vehicle documents. In this case a surcharge of € 50.00 + VAT will be charged; loss of and/or damage to and/or theft of keys. In this case, a surcharge of € 220.00 + VAT shall be charged; loss of and/or damage to and/or theft of number plates (or even one of them). In this case a surcharge of € 350.00 + VAT will be charged. Under no circumstances shall liability be waived for damage to upholstery and interior parts in general, mechanical parts, locks, damage caused by vegetation, damage caused by negligence, and/or carelessness of the driver, and/or violation of the highway code, safety kit, triangle, high-visibility waistcoat. Damage due to vandalism is only covered if both the SKPLUS COVER and PAI clauses are subscribed to together. In such cases, however, the customer is obliged to submit a regular report to the competent authorities when the vehicle is returned, under penalty of having to pay all the damages incurred. In the event of theft of the vehicle, with subsequent discovery, if the vehicle is damaged or parts are missing, the Client shall remain obliged to compensate the Lessor to the extent of the TP penalty. DRIVER’S ACCIDENT AND ACCIDENT COVERAGE PAI The PAI clause has a cost of € 5 per day and provides accident cover for the driver within the limits underwritten: Guarantee Sum (€) Excess/duration 3% RSC (reimbursement of medical expenses) 10,000 Excess 2,000 IR (hospitalisation indemnity) 80 per day 7-day excess 20-day excess Items included in the maximum amount of the above guarantees. The PAI clause covers damage to: glass parts in general (windscreen, rear window, window panes); wheels; roof; underlying parts of the vehicle. Damage caused by vegetation The Customer is liable for any damage caused by vegetation, even if he has taken out the “SKPLUS COVER” and/or “PAI” covers. Such damage is assimilated to the Customer’s negligence in driving the vehicle on country roads or in places where vegetation can cause scratches or damage to the vehicle New damage to the vehicle In the event that new damage (not present at the time of leaving) is discovered on the return of the vehicle, it will be determined and quantified by applying the SKR Damage Table and the criteria set out in the relevant leaflet. Exclusively for damage not covered by the aforementioned SKR Damage Table, an expert appraisal shall be carried out based on the manufacturers’ Price Lists. Procedure in the event of a road traffic accident In the event of a road traffic accident, with or without a counterparty, the customer shall be obliged to declare the incident in the manner prescribed by law. In the event of an accident with a counterparty, it is essential to record the number plate, insurance company, name and surname of the driver and any witnesses, and the name and surname of the car owner, which can be found in the vehicle registration document. This information is indispensable. In the event of new damage found on return of the hired vehicle that is not covered by the optional clauses of limitation and/or exoneration of liability (SKPLUS COVER ” and/or “PAI”), the following shall apply – in the event of damage as set out in the SKR “Damage Table”, the return office will immediately proceed to the contradictory survey with the Customer, quantify the amount and charge the corresponding amount to the Customer’s credit card; – in the event of damage not covered by the aforementioned SKR “Damage Table”, the return office, after the contradictory survey with the Customer has been carried out, will cautiously block an amount on the Customer’s credit card, without making any collection, pending the completion of the damage assessment report.In all cases in which it is not possible to determine the damage on an adversarial basis with the customer for reasons for which the customer is responsible, SKARENT shall proceed with the precautionary blocking of the customer’s credit card and the quantification of the damage (based on the table, if applicable, or based on the estimate made by an expert), without charging the customer. The customer shall then be sent a communication accompanied by documents proving the damage and its quantification and, five days after such communication, the quantified amount shall be debited; – the customer shall be entitled to dispute the existence of the damage and/or its quantification. In this case, SKARENT shall assess the customer’s reasons and acknowledge the dispute. If the complaint is upheld, SKARENT shall not debit the amount or, if it has already been collected, shall refund it to the customer. If the objection is immediate, i.e. if it is received within five days from the communication sent to the customer containing the notice of debit, the relevant procedure shall be temporarily suspended and the amount shall not be collected until the appropriate checks have been completed. In the event of a claim declared as active by the Customer (single-signature CID), the Lessor shall nonetheless charge the Customer, as a precautionary measure, a sum quantified through the application of the SKR “Damage Table”, or (for damages not contemplated therein) through a special technical appraisal, pending the closing of the file by the Insurance Company. In the presence of insurance
compensation, this shall be deducted from any penalties applied to the Customer. If, on the other hand, the damage is attributable to the Customer’s fault, the Customer shall also be charged for the cost of the damage assessment, if carried out, and for postal expenses. Exclusively in the event that the Customer who has declared the claim as active also produces a friendly dispute model of the accident (CID) duly signed by the other party, the contractually agreed amount for liability for damages shall not be charged. In the event that the other party’s insurance company does not settle the claim because the CID form is incomplete, inadequate, or the claim itself is at fault or passive, we shall subsequently claim the amount of the damage caused to our car up to the maximum contractually foreseen damage penalty. The presentation of the CID countersigned by the other party is always mandatory, even if the damage is covered by optional limitation and/or exemption of liability clauses (SKPLUS COVER ” and/or “PAI”). If the Lessee, in the event of an accident and/or theft and/or fire and/or stoppage of the vehicle, requests its replacement, the Lessor reserves the right to refuse such a request in the event that it can also be assumed that the accident and/or theft and/or fire and/or stoppage of the vehicle is attributable to the unreliability of the Lessee in terms of driving the rented vehicle. It is understood that, in any case, the Lessor shall have full discretion to proceed further in the execution of a lease that has been terminated due to the perishing of the vehicle. Should the lessor exercise the aforementioned discretion, he shall waive the right to payment of the rental fee for the remaining contractual period. In addition, SKARENT reserves the right not to lease the vehicles to customers who have booked through the site with a confirmed reservation if, at the time of the physical signing of the contract, it does not, in its sole discretion, deem them to be in compliance with all the clauses of the rental agreement under the general terms and conditions governing the contract. ROAD ASSISTANCE PLUS The signing of this optional cover at the time the rental contract is stipulated exempts the Client from the obligation to pay the towing fee, provided that the need for the towing itself is not caused by an event due to his wilful misconduct or gross negligence. The aforementioned “Road Assistance Plus” clause in any case eliminates liability for towing in the event of battery exhaustion, fuel freezing, incorrect/impaired refuelling, loss of keys or forgetting the keys inside the vehicle. In addition, signing the “Road Assistance Plus” clause entails the possibility of reimbursement for taxi expenses up to a maximum of € 100.00. The “Road Assistance Plus” clause has the following costs: € 5.00 per day, for all car groups up to a maximum of 10 days (even if the rental lasts longer than 10 days and provided that the monthly rental is not included); for monthly rentals € 35.00 and VAT for all car groups. Any extensions will be calculated on the basis of the monthly rate divided by the days of hire used; for weekend rates, € 5.00 per day for all groups. Complaints Any complaints must be received in writing no later than 20 days after the end of the rental period. EXCLUSIVE COURT OF JURISDICTION For any dispute arising from the hire contract the parties agree that the Court of Ragusa shall have jurisdiction. The aforementioned provision shall not apply, however, to Customers who prove to be qualified as consumers pursuant to Article 3, co. 1, lett. a), of Legislative Decree no. 206 of 6 September 2005 (so-called Consumer Code); in which case, the Court of the Customer’s place of residence or elective domicile shall have jurisdiction. The rental agreement shall be governed by Italian law and law, therefore, for any dispute relating thereto, Italian law and law shall apply exclusively before any Court and Authority. Conditions and rates subject to change without notice. ON-LINE PAYMENT CONDITIONS For payment made online, the following conditions apply. For anything not expressly indicated, the conditions already valid for payment on site as set out above shall apply. CREDIT CARD The customer shall pay the rental amount via the credit card indicated at the end of the booking process, authorising SKARENT to debit the amount indicated on the voucher. When collecting the car, the customer must present a credit card in his or her name and have sufficient funds available on it to cover the amount that will be blocked when the rental agreement is concluded. In the event that the customer does not present a suitable credit card or does not have a sufficient credit balance to cover the amount to be blocked, a deposit in cash or by bank cheque shall be withheld. It should be noted that in the event that the customer has not purchased the above-mentioned “SKPLUS COVER” clause, the customer is obliged to leave a deposit by means of his/her credit card or in cash or by cheque equal to the amount stipulated for damage and theft penalties. CANCELLATIONS The customer has the right to cancel the reservation by contacting the Call Centre at 00390932993679 and by sending an e-mail to info@skarent.com without incurring any penalty charges, unless said cancellation is made less than 72 hours before the scheduled pick-up time of the vehicle. CHANGES can be made to the booking. CHARGES RELATED TO EXTRA CHARGES Charges relating to extras signed at the time of collection of the vehicle and/or generated during the rental period will be made to the customer’s credit card used as a guarantee at the time of signing the contract. FAILURE TO RECEIVE THE CAR (NO SHOW) In the event of failure to collect (NO SHOW) the booked car within 2 hours of the time stipulated in the booking, the car may no longer be available (unless the Client has notified the office of the start of the rental period of any delay, including the flight number and his/her own telephone number). In the event of a NO SHOW the Customer shall not be entitled to any refund. However, this is without prejudice to the Customer’s right of proof pursuant to Art. 1588 of the Civil Code. DAYS NOT USED Unused days are not refundable as the rate applied for online bookings provides for the application of a reduction with respect to the rate applied for bookings that provide for payment on the spot when collecting the vehicle. For anything not expressly specified, the general rental terms and conditions stated in the rental agreement and the aforementioned rental information shall prevail. Conditions and rates subject to change without notice.
GENERAL TERMS AND CONDITIONS
1 OBLIGATIONS AND POWERS OF THE LESSOR
1.1 SKARENT – hereinafter referred to as the “Lessor” – shall deliver to the Lessee – hereinafter referred to as the “Lessee” – the motor vehicle with a full tank of fuel (a different circumstance shall be enforceable if it is evidenced by a regular delivery report and the rental agreement). At the beginning of the rental, the Client shall leave a deposit for fuel. The minimum rental age for the vehicle is 23 years and the maximum age is 80 years. It is possible to rent vehicles belonging to groups A/B/C/D/V even if the driver’s age is at least 19 years only upon payment of the “young driver” supplement, the cost of which is specified on page 1 of the rental agreement. In any case, both the Client and any driver authorised to drive the rented vehicle must comply with the identification and qualification formalities required by the Lessor. In any case, the Lessor shall have the right to refuse the conclusion of the contract at its own free discretion as well as at its sole discretion. The motor vehicle shall be delivered in perfect condition and accompanied by all the accessories and documents both by law and in use (triangle for emergency parking; tools; high-visibility waistcoat; spare wheel or kit, as well as any other accessories listed on page 1 of the rental agreement; registration card, which must always be left in the motor vehicle; insurance certificate and sticker, as well as the insurance green card). This circumstance is taken for granted by the Client who, on taking the vehicle, acknowledges that it is in excellent condition and suitable for the agreed use, and also that it is equipped with all the accessories and documents indicated above. This is, however, without prejudice to the Client’s right to prove the existence of any hidden defects at the time of delivery and/or defects that occurred during the rental period that are not attributable to him. It shall be the Client’s obligation to notify the Lessor of the discovery of such defects immediately. At the express request of the Client, the motor vehicle may also be equipped with a portable satellite navigation system; in this case, the Client shall sign a special delivery report and pay the relative surcharge, as indicated on page 1 of the rental agreement. 1.2 If the Client, in the event of an accident and/or theft and/or fire and/or stoppage of the vehicle, requests its replacement, the Lessor may avail itself of the right not to grant the replacement of the vehicle and not to proceed further in the execution of the contract, such events being a just cause for termination of the relationship. If it avails itself of the aforesaid right, the Lessor waives the right to payment of the rental fee for the remaining contractual period. 1.3 The lessor shall be obliged to reimburse the customer for the costs incurred by the customer for repairs due to vehicle breakdowns, insofar as these are evidenced by an invoice duly registered in the name of SKARENT . The costs shall only be reimbursed if the breakdown was not caused by the customer. In the event of a breakdown, the vehicle shall be returned by the Lessee to any agency of the Lessor, who shall arrange for its replacement, subject to availability, without any charge and without prejudice to the Lessor’s right not to grant the replacement vehicle, such an event being a just cause for termination of the agreement. Should the aforementioned right be exercised, the Lessor waives the right to payment of the rental fee for the remaining contractual period. In the case of 9-seater vehicles, the replacement may take place with a similar vehicle or with 2 cars. The Lessor warrants that the liability of the Client (and/or other person specifically named on the contract and therefore authorised to drive the vehicle) is covered by a regular insurance policy with a single limit of liability for personal injury, property damage or animal damage. The above policy, being of an essential nature, is sufficiently brought to the attention of the Client. 2. OBLIGATIONS AND OBLIGATIONS OF THE CUSTOMER 2.1 The Client shall be responsible for the vehicle until the termination of the rental agreement even if the return check is not carried out in his/her presence. If the vehicle is returned during office closing time, the Client shall be liable for payment of the rental charge until the vehicle is taken over by the Lessor’s counter staff. Any damage to the vehicle shall be the sole responsibility of the Client. 2.2 The Client shall undertake: a) to pay the rental fee including, in addition to the official rate, the contractually agreed penalty amounts (if due) as well as the surcharges provided for in the event one of the optional clauses referred to in Article 2. 4; b) to diligently drive the motor vehicle and keep it together with its accessories and documents and in compliance with all the regulations in force in Italy and in the countries where it is permitted to drive the vehicle; c) to return the motor vehicle with a full tank of fuel and in any case with the same level of fuel as at the start of the rental period. By failing to comply with this obligation, the Client authorises the Lessor to charge him, in addition to the cost of fuel, an additional cost for the refuelling service (so-called “refuel”), the amount of which is indicated in the individual rental agreement signed by the Client. In addition, the Client is obliged to pay attention to the type of fuel to put in the tank (unleaded petrol or diesel); in the event of putting in fuel that is not suitable for the vehicle’s engine and/or in the event of putting in impure fuel, the Client will be held liable for all damages incurred and the expenses sustained to recover the vehicle and, therefore, will be required to pay for it even if he/she has signed, jointly or alternatively, the “SKPLUSCOVER”
and “Pai” TP” CDW” clauses referred to in Article 2 below. 2. 4; the aforesaid vehicle recovery expenses will not be charged to the Client if the latter has subscribed to the optional “Road Assistance Plus” clause at the beginning of the rental period; d) to carry out routine vehicle maintenance, greasing, checking lubricant and brake oil levels e) to proceed with the payment of any fines and/or motorway tolls and/or parking tickets that it incurs during the rental period and to pay to the Lessor, in the event of failure to make timely payment, the expenses for the instruction of the file (€ 50.00 + VAT); f) to hold the Lessor harmless from any claims made by third parties for damage to goods transported or otherwise present in the motor vehicle; g) not to bring animals into the vehicle; h) to acknowledge that he/she is not the owner of any right in rem to the motor vehicle and cannot, therefore, sell and/or dispose of it even as a pledge; i) in the case of possession of a pass reserved for the disabled, the Client is obliged to promptly notify the competent authority of the number plate of the rented vehicle in order to avoid being charged for the notification expenses for administrative sanctions imposed by camera for traffic offences. In accordance with the regulations on international financial circuits (credit card companies), and subject to the provisions of Articles 2.4 and 4.1 below on the subject of imputation of liability, the Customer shall be charged for all expenses not known at the time of delivery of the vehicle but detected after the vehicle has been returned (so-called “Delayed Charge”). Acceptance of the “Delayed Charge” is expressly stated in the individual rental agreement and signed by the Customer. The following types of expenses fall within the scope of the “Delayed Charge”: fines, parking, motorway tolls, refuelling, damage caused to the vehicle, towing of the vehicle; loss and/or damage and/or theft of all vehicle accessories, loss and/or damage and/or theft of the insurance tag, keys and/or number plates. 2.3 The Customer undertakes not to drive or use the vehicle and not to allow and/or tolerate others to drive or use it: a) in a country other than Italy, France (and Corsica), Germany, Spain, Portugal, Andorra, Vatican City, Republic of San Marino, Principality of Monaco, Switzerland, Belgium, Holland, Sweden, Denmark, Norway, Finland, Liechtenstein, England, Ireland, Luxembourg, Austria, Slovenia, Croatia. The driving of the vehicle in the territory of a foreign country other than those listed above renders all insurance cover ineffective, as well as the “SKPLUS COVER” and “Pai ” clauses, and entitles the Lessor to charge the Client, by way of recourse, for all expenses and costs that may be incurred due to the failure to comply with the commitment undertaken. b) for the transport of persons or things against payment; c) in competitions and/or speed trials; d) in excess of speed; e) for a purpose that is against the law; f) if it is a person not indicated on page 1 of the rental letter; g) if it is a person who has provided the Lessor with false information regarding his age, name, address, place and date of return of the vehicle at the end of the rental period; h) for pushing and/or towing objects; i) on paths, and/or unpaved roads and/or off-road tracks. The Customer is obliged to observe the regulations set out in the new Highway Code (Art. 117). At the time of delivery, the vehicles are free of antifreeze additive. In the presence of environmental or climatic situations that require its use (e.g. driving in the mountains or cold temperatures), the addition of the aforementioned additive shall be carried out at the Customer’s expense. In any case, subject to the proof referred to in Article 1588 of the Civil Code, the Client shall compensate the Lessor for any damage resulting from the possible freezing of the fuel, as well as reimburse him/her for all expenses incurred in recovering the vehicle; the aforementioned expenses for recovering the vehicle shall not be charged to the Client if the latter has signed the optional “Road Assistance Plus” clause at the beginning of the rental period. The Client agrees to use snow chains where required by law.
2.4 In accordance with Art. 1588 of the Civil Code, the Client undertakes to indemnify the Lessor for any damage, for any reason whatsoever, occurring to the motor vehicle, if he does not prove that the damage occurred due to causes not attributable to the Client. Damage shall be determined and quantified in accordance with the SKR “Damage Table” and the criteria set out in the Damage Sheet. The aforementioned documents, which form an integral part of these General Terms and Conditions, shall be delivered in hard copy to the Customer upon conclusion of the rental agreement. The amounts stated in the SKR “Damage Table” are determined on the basis of the values taken from the manufacturers’ price lists and also include the costs of labour, consumables, waste disposal and the downtime of the vehicle for the time required for repair and the procurement of spare parts. Exclusively for damages that are not covered by the aforementioned “Damage Table”, SKR shall carry out an appraisal based on the manufacturers’ Price Lists, taking into account the costs of labour, consumables, waste disposal and vehicle downtime. Upon signing the contract, the Customer is obliged to pay, by credit card or cash or cheque, a security deposit, the amount of which is indicated in the individual rental agreement and submitted for the Customer’s reading prior to signing. The sum shall be returned to the Customer if, upon 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, attributable to any event whatsoever, including, merely by way of example and without excluding other events, accidents – with or without collision with other vehicles – as well as theft or fire, whether total or partial, the Lessor is authorised to permanently debit the Client’s credit card with a sum of money commensurate with the extent of the damage suffered. It is, however, agreed that the aforesaid charge shall not exceed the maximum values (so-called penalties) indicated in the individual rental agreement – respectively with reference to the hypothesis of damage to the vehicle (penalty CDW) and to that of theft and/or fire (penalty TP) . The limitation of compensation within the aforesaid maximum values set forth in the CDW and TP penalties shall apply only on condition that the damaging event is not attributable to wilful misconduct or gross negligence on the part of the Customer and, in any case, on condition that the damage does not relate to one of the following elements and/or parts of the rented vehicle 1) glazing and glassware; 2) wheels; 3) underbody; 4) roof or soft top (if convertible); 5) mechanical parts; 6) door locks; 7) upholstery; 8) interior parts in general; 9) all vehicle accessories; 10) documents (including insurance documents); 11) keys, number plates, triangle, safety kit, high-visibility waistcoat. The Customer may further limit his liability by signing the optional “SKPLUS COVER” clause, the cost of which, to be paid at the time of signing, is indicated in the individual rental agreement and submitted for the Customer’s reading prior to signing. As a result of the “SKPLUS COVER” clause, the Customer shall be exempt from paying the aforementioned penalties. It is also agreed that in the event of total and/or partial theft or fire that occurs in Slovenia, Croatia and the Italian regions of Campania, Apulia, Molise, Basilicata, Calabria and Sicily, the signing of the “SKPLUS COVER” clause does not fully exonerate the Customer from responsibility for the event, but only entails a reduction in the amount of the penalty chargeable. The elimination of the CDW and TP penalties provided for in this clause is subject to the condition that the impairment does not relate to one of the following elements and/or parts of the leased vehicle 1) glazing and glassware; 2) wheels; 3) underbody; 4) roof or soft top (if convertible); 5) mechanical parts; 6) door locks; 7) upholstery; 8) interior parts in general; 9) all vehicle accessories; 10) the documents (including insurance documents); 11) keys, plates, triangle, safety kit, high visibility waistcoat. As an alternative or in addition to the “SKPLUS COVER” clause, the Customer may also subscribe to the optional “Pai” clause, the cost of which, to be paid at the time of stipulation, is indicated in the individual rental agreement and submitted to the Customer for reading prior to signing. As a result of the “Pai ” clause, the latter is exempt from the obligation to pay compensation for damage caused to the following parts of the vehicle: glass and glassware, wheels, underbody, roof or soft top. In addition, the signing of the optional “Pai Plus” clause guarantees coverage for driver and accessory risks, as per the information leaflet delivered to the Customer upon conclusion of the rental agreement. It is expressly agreed that the effectiveness of the “SKPLUS COVER” and “Pai ” clauses shall only be effective on condition that the damaging event is not attributable to wilful intent or gross negligence on the part of the Customer. The Lessor’s right to full compensation shall remain unaffected if the damage is attributable to the intent or gross negligence of the Client. It is expressly agreed that the clauses “SKPLUS COVER” and “Pai ” do not produce their respective effects, if the damage to the vehicle, its parts or accessories, is caused by vegetation, or by driving the vehicle on unpaved roads. In such cases, since gross negligence on the part of the Client is presumed, the Client – if, pursuant to Article 1588 of the Civil Code, he does not prove that the damage is not his fault – shall fully indemnify the Lessor for the damage caused. Irrespective of the signing of the aforementioned “SKPLUS COVER” clauses and “Pai ” and subject always to the proof referred to in Art. 1588 of the Civil Code, the Client shall bear the full cost of damages to all mechanical parts, door locks, upholstery, interior parts in general and all vehicle accessories, documents (including insurance documents), keys, number plates, triangle, safety kit, high visibility waistcoat. In the event of a claim, the Lessor shall in any case charge the Client, as a precautionary measure, a sum quantified through the application of the SKR “Damage Table”, or (for damages not contemplated therein) through a special technical appraisal, pending the closing of the file by the Insurance Company. In the event of insurance compensation, this shall be deducted from any penalties imposed on the Customer. If the damage is attributable to the Customer’s fault, the Customer shall also be charged for the cost of the damage assessment, if carried out, and for postal expenses. Furthermore, for any damage attributable to the liability of the Customer pursuant to Art. 1588 of the Civil Code, the Customer shall be charged in full for the loss of profit arising from the immobilisation of the vehicle for the necessary repairs. In particular, for damages covered by the SKR “Damage Table”, the downtime shall constitute one of the items that make up the lump-sum amount set forth therein; whereas, for damages not covered by the aforementioned Table, the Customer shall be charged an amount, calculated according to the official tariff in force, equal to the amount due if the rental had continued for a duration corresponding to the period of downtime. It is further agreed that, subject to proof pursuant to Art. 1588 of the Civil Code, in the event of a breakdown or damage that results in the immobilisation of the vehicle, the Lessor shall be authorised to charge the Client the amount for towing as set forth in the SKR “Damage Table”. The Client may further limit his contractual liability by subscribing to the optional “Road Assistance Plus” cover, the cost of which, to be paid at the time of conclusion, is indicated in the individual rental agreement and submitted to the Client for reading prior to subscription. As a result of the “Road Assistance Plus” clause, the Client is exempt from the obligation to pay the towing charge, provided that the need for the towing itself is not caused by an event due to his wilful misconduct or gross negligence. The aforementioned “Road Assistance Plus” clause shall in any case eliminate liability for towing in the event of battery exhaustion, fuel freezing, misfuelling/improper refuelling, loss of keys or forgetting the keys inside the vehicle. In addition, signing the “Road Assistance Plus” clause entails the possibility of reimbursement for taxi expenses up to a maximum of €100.00. In the event of a breach of the Highway Code and/or other provisions, including those of a regulatory nature, governing road traffic in urban and extra-urban areas committed by the Client or the driver, even if different from the Client, the latter undertakes to indemnify and hold harmless the Lessor from any sanctions imposed by the competent authorities. If, together with or separate from the aforementioned sanctions, the administrative detention and/or seizure of the vehicle is ordered, the Client shall also pay the rental price of the motor vehicle, calculated on the basis of the official rate, for the entire period between the date of the administrative detention and/or seizure and the cessation of the effects of the measure applied. It shall also indemnify the Lessor against any and all expenses related to the administrative procedure in question. It is also agreed that in the event of extraordinary cleaning of the vehicle, the Customer shall be charged the amount set forth in the SKR “Damage Table”. At the time of return, the Client shall be obliged to check the condition of the vehicle in contradistinction to the Lessor’s personnel. In the event of failure to check the condition of the vehicle jointly, which is not attributable to omissions and/or organisational shortcomings on the part of the Lessor, the Client authorises the Lessor to charge an amount equal to the amount of any damage found on the vehicle. The Client’s right to provide proof pursuant to Art. 1588 of the Civil Code shall remain unaffected. If no accident has occurred, in order to enable the Lessor to protect its rights against fraud or unfounded claims, the Client must, however, when returning the vehicle, explicitly declare that it has not suffered or caused any event. 2.5 In the event of an accident, the Client shall be obliged to: a) inform the Lessor immediately (by telegram or fax) and send it, within the next 24 hours, a detailed report on the form enclosed with the documents of the vehicle; b) inform the nearest Authority and obtain a copy of the report which must be forwarded to the rental station within 24 hours; c) fill in the accident report (CAI) in all its parts, sign it and have it signed by the other party, taking note of the names, addresses and telephone numbers of the parties and witnesses, the license plate numbers of all the vehicles involved , data relating to the insurance and ownership of such vehicles; d) provide the Lessor with any other useful information: e) follow the instructions that the Lessor will provide regarding the custody and/or repairs of the vehicle. In the event that the Customer fails to submit the accident friendly declaration completed in all its parts (and signed by the counterparty – or, where this is not possible, fails to at least fulfill the information obligation referred to in letter a) above – together with the report compiled by the Authority and/or fails to comply with the other formalities indicated above, the Customer remains responsible for the entire value of all damages caused to the vehicle, thus disregarding the limit charged as a penalty or the signing of the clauses ” SKPLUS COVER“ and “Pai ”. In the event of a potentially active claim, regardless of the signing of the aforementioned clauses, the Lessor will charge the Customer, as a precautionary measure, a sum quantified through the application of the SKR “Damage Table”, or (for damages not contemplated by this) through appropriate technical appraisal, pending payment of damages by the counterparty’s insurance company. Regardless of the cause and method, in the event of any damage (even if minimal) to the vehicle, the Customer is obliged to immediately inform the counter staff of the office where the vehicle was picked up and to release a detailed written statement relating to the events that occurred. Otherwise, the Customer cannot be released from the relative contractual obligation, even if he has signed one of the “SKPLUS COVER” and “Pai” clauses. Furthermore, the Customer will be charged for the damage caused to the vehicle, in addition
to the technical stop. In particular, for damages covered by the SKR “Damage Table”, the latter constitutes one of the items that make up the lump sum shown therein; while, for damages not covered by the aforementioned Table, the Customer will be charged, by way of technical stoppage, a sum, determined according to the official rates in force, equal to the amount due if the rental had continued for a period equal to the necessary time for carrying out repairs and finding spare parts. 2.6 The Customer undertakes to return the vehicle and the keys to the offices of the Lessor by the date indicated on page. 1 of the rental agreement, with the same accessories and in the same state in which it was delivered. The rental is understood to be defined upon receipt of the keys by the Lessor’s staff. The non-routine delivery and according to methods other than those indicated on the rental contract is understood to be for consideration, i.e. with the Customer being charged the costs incurred to drive the car to the place indicated on the contract. If the vehicle is not returned by the established date, the Lessor will proceed to resume, where possible, the physical possession of the vehicle assuming the will of the Customer as such after the established date, in the sense that the same intended to abandon the vehicle to escape his contractual obligations, with the consequent obligation for him to reimburse the expenses incurred. In this case, the Lessor does not undertake custody and guarantee obligations regarding any objects that the Customer has left inside the vehicle. In the event that the Customer leaves the keys inside the vehicle, locking it, he will have to pay all expenses incurred for the opening and recovery of the same, plus the sum, according to the official rates in force, relating to the period of time necessary for carrying out the repairs and finding spare parts (loss of profit due to technical downtime); the aforesaid expenses for the recovery of the vehicle will not be charged to the Customer if he has signed the optional “Road Assistance Plus” clause at the beginning of the rental. However, the cost of the damage assessment and postage will remain the exclusive responsibility of the Customer. 2.6 2.7 The Customer undertakes to pay the Lessor: a) the rate relating to the established rental period foreseen for the chosen vehicle category at the time of signing the rental agreement and specified therein on page 1; b) the one-way trip supplement (VAL) due if the vehicle is returned in a place other than the one at the start of the rental. The amount of this supplement is indicated in the individual rental contract signed by the Customer; c) the one-way trip supplement (VAL) for GPS, in case of return of the aforesaid accessory in a place other than the one at the start of the rental. The amount of this supplement is indicated in the individual rental contract d) the VAT in force at the time of closing the contract; e) the sum necessary to fill the tank with fuel or restore the initial level and the refueling service (this in the event that the Customer does not return the vehicle with a full tank of fuel and in any case with the same fuel level at the start rental); f) any sums due as penalties; g) the contractually envisaged supplements for the case of signing one of the “SKPLUS COVER“ and “Pai ” and/or “Road Assistance Plus” clauses; h) the airport charge and the station service charge (calculated as a percentage of the entire rental amount and exclusive of fuel and VAT) to the extent indicated in the individual rental contract; i) the supplement in the event of delivery and/or collection of the car outside normal working hours. This supplement is €31.00 + VAT (per car; €70.00 + VAT (per car) for all deliveries and/or collection of the car outside normal working hours during public holidays. The limited mileage is determined by reading the odometer. The Renter is required to periodically check that the odometer is working properly and undertakes to immediately notify the Lessor of any malfunction, following, in this case, the instructions that will be given to him. return, the odometer will appear tampered with and/or broken, the kilometer rate will be determined on a flat-rate basis on a journey of 200 kilometers per day.
Whenever a rate must be commensurate with the number of days, the term “day” defines a period of 24 hours or fraction starting from the moment in which the vehicle was delivered to the Customer, unless the rate provides otherwise There is a maximum tolerance of 59 minutes beyond which an extra rental day will be charged. In any case, the count is subject to final verification by the rental start office and/or by the rental end office and/or by the Invoicing Department. 2.8 The Client undertakes to notify the Lessor, at the time of signing the rental agreement, of any additional guides, who must possess the same driving suitability requirements envisaged for the lessee. To this end, the Customer undertakes to pay the additional supplement established by the tariff in force at the time of the rental, the amount of which is indicated in the individual rental contract. 3. PROHIBITION OF ASSIGNMENT OF THE AGREEMENT AND SOLIDARITY WITH THE DRIVER 3.1 The assignment or stipulation of the rental agreement in the name and on behalf of a third party is prohibited. 3.2 The Customer is liable, in any case, for the actions and/or omissions of anyone driving the vehicle. 4. THEFT AND FIRE 4.1 In the event of theft and/or fire of the vehicle (both total, partial and/or attempted), the Renter undertakes to report the fact to the competent Authorities and to deliver to the Lessor a copy of the report authenticated by the Authorities same. In this case, the payment of the freight is due up to the date of delivery of the copy of the report, at the rate agreed at the beginning of the rental, or, if the report is delivered after the scheduled return date, at the official rate. In the event of total theft of the vehicle due to the Customer’s willful misconduct or fault, in addition to the penalty or the compensation claims indicated above, the latter will be charged an amount equal to the cost of a full tank of fuel determined on the basis of current prices at the time of the charge . Upon the occurrence of the theft, the Customer must, in any case, return the original keys of the vehicle. Failure to return the keys integrates a presumption of gross negligence by the Customer for the purposes of the compensation due, without prejudice to the right of the same to prove that the fact is not attributable to him. In case of subscription of the “SKPlus COVER” clause, please refer to what has already been expressed in the above art. 2.4. In the event of theft of the vehicle, with subsequent discovery, where the same should present damage or missing parts, the Customer will remain obliged towards the Lessor to pay compensation within the limits of the TP penalty. 5 TAX DOCUMENTATION 5.1 A personalized invoice will be issued only when it has been requested by the Customer at the time of signing the rental agreement and the same has declared his tax code and/or VAT number. 6. EXEMPTIONS, EXCLUSIONS, DISPUTES, MISCELLANEOUS 6.1 In compliance with the provisions of articles 33, co. 2, lit. a) and b) and 36, par. 2, lit. a) and b) of Legislative Decree 6 September 2006 n. 205, the Lessor will be responsible only for the hypotheses of death or damage to the person of the Client resulting from a fact or omission of the Lessor himself and/or damage suffered by the Client due to total or partial non-performance or incorrect performance by the Lessor himself. The Lessor is not required to keep any objects left in the vehicle upon return. 7. AUTHORIZATION FOR TEMPORARY EXPORT 7.1 The Lessor authorizes the Customer to drive the rented vehicle abroad (see art. 2.3 of these general conditions of the rental contract) under the temporary export regime. The superior authorization is not extended to the countries indicated in the specific box on page. 1 of the rental contract and to countries where there is a state of war and/or political unrest. 8. PROHIBITION TO MODIFY THE “GENERAL CONTRACT CONDITIONS” 8.1 No modification can be made to these General Conditions unless previously authorized by the SKARENT General Management. 9. RENTAL PAYMENT 9.1 Payment of the entire rental amount is due upon signing the contract. At the same time, the Customer must sign, on page 1 of the rental agreement, the authorization to charge the credit card for missing fuel and/or any fines and/or amounts by way of penalty (so-called “Delayed Charge “). Once the agreed rental term has elapsed, the Lessor is authorized to issue a debit note for interest at the official discount rate increased by 5 points, subject to compensation for greater damages, effective from the date of stipulation of the rental agreement. 10. DAMAGES FROM VANDAL ACTS 10.1 For all damages occurring as a result of vandalism committed during the period in which the vehicle was in the possession of the Customer, both in his presence and in his absence, the same will be liable towards the Lessor , except in the case in which it has jointly signed the “SKPLUS COVER ” and “Pai” clauses. In any case, the Customer undertakes to present, upon return of the vehicle, a regular complaint presented to the competent Authorities, under penalty of payment of all damages occurred. In case of signing only one of the two aforementioned clauses and not both, the damages from acts of vandalism are not covered. 11. LOCATION 11.1 By signing the rental agreement, the Customer expressly and without reservation authorizes the Lessor, or another person appointed by the same, to remotely monitor the correct use and functioning of the rented vehicle through satellite alarm systems. 12. COMPLAINTS 12.1 Any complaint to be submitted to the Lessor must be received in writing no later than 20 days after the end of the rental. 13. ITALIAN LANGUAGE FOR THE INTERPRETATION OF THE CONTRACT 13.1 The Italian text of these General Contract Conditions prevails, in case of diversity, over the English text because it expresses the exact will of the parties. 14. EXCLUSIVE COMPETENT COURT 14.1 For any dispute deriving from this contract, the parties agree that the Court of Ragusa will be competent. The above provision does not apply, however, to Customers who qualify as consumers pursuant to art. 3, co. 1, lit. a), of Legislative Decree 6 September 2005, n. 206 (so-called Consumer Code); in which case, the court of the place of residence or elective domicile of the Customer will be competent. The rental agreement is governed by Italian law and law, therefore, for any dispute relating to it, Italian law and law are applied exclusively before any Court and Authority.