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GENERAL CONDITIONS OF CONTRACT FOR THE RENTAL OF
SHORT-TERM VEHICLES WITHOUT DRIVER
Entrusting the vehicle
Alessio Fiorani's Bytecode, hereinafter also referred to as the “lessor”, delivers to the lessee, hereinafter referred to as the “customer”, the vehicle specified and described in the form attached to this contract. The customer undertakes to observe the following general terms and conditions. In addition to these general conditions, the contract includes the contractual form and the descriptive form of the vehicle, drawn up in contradiction between the parties at the time of taking delivery of the vehicle itself and upon its return.
- Object and scope of the rental
Conditions of delivery and return of the vehicle: the vehicle that is delivered with the rental contract is that expressly indicated in the description sheet. The customer is required to verify, in contradiction with the lessor, the operating conditions of the rented vehicle, which is understood, from the moment of taking over, free from defects and suitable for use, based on the customer's needs.
At the time of return, the customer undertakes to fill in, in contradiction with the lessor, a new form describing the condition of the vehicle. In the event of damage or malfunctions or failures found at the time of return of the vehicle and, in the event of a disagreement between the lessor and the customer, which involves the refusal to sign the return form, the matter will be referred to a third appointed "mechanical expert" by the most diligent part, chosen from among the technical consultants registered at the Court of Rome. The expert will be in charge of establishing the state of the vehicle and the necessary interventions to restore its perfect efficiency, including work on the bodywork. The cost of this intervention will be charged to the customer.
The customer is required to guard and maintain the rented vehicle with all due diligence. Alessio Fiorani's Bytecode will not be liable for damages deriving from the customer's failure to fulfill the obligation of diligence in the maintenance and operation of the vehicle.
- Personal nature of the contract and use of the vehicle
The contract is personal and not transferable, neither for consideration nor for free. The customer must be at least 21 years old and have had a type B driving license for at least two years. The customer may not grant the use of the vehicle to third parties, nor otherwise dispose of it except within the strict limits of contractual use; nor will it be able to assign, give in enjoyment, sublease or otherwise dispose of the equipment and equipment that accompany the leased property to which no modifications, variations or improvements of any kind can be made.
The customer may, however, indicate in this contract one or more additional drivers who must be expressly authorized by the lessor. Apart from the main driver and other drivers included in the contract and authorized, no other person may drive the rented vehicle (except in the case of proven urgency and necessity). The customer undertakes to respect and enforce any authorized drivers, the rules of the road and ad
adopt ordinary diligence in the operation and maintenance of the vehicle. The customer also undertakes to ensure that the vehicle is not used:
- For the transport of people and / or things for a fee, whatever the type or fee agreed and whatever the commitment assumed.
- To push or tow another vehicle and any other type of self-propelled or non-self-propelled object.
- For the transport of contraband goods, explosive or polluting material or for any other transport in violation of laws or regulations.
- For illegal purposes.
- In a state of drunkenness or unconsciousness due to alcohol or drug abuse.
The customer undertakes not to let on board the vehicle, and therefore also not to transport, any type of animal even if kept inside special structures. In case of default, the customer will be charged a penalty of € .150.00.
The customer undertakes to keep the rented vehicle closed when it is not used, keeping the keys that must not be left on board under his own responsibility.
The use of the vehicle is allowed only in the countries of the European Union, in the principalities of Monaco and Andorra, Liechtenstein, in the Republic of San Marino and in all the states expressly indicated in the "green card" issued by the insurance company. The use of the rented vehicle outside the aforementioned countries will be considered as improper by the customer who will personally assume all civil and criminal consequences.
The customer undertakes not to modify or add any equipment to the hired vehicle.
Regardless of the operation of the insurance coverage, the customer will be responsible on his own in all cases of improper or unauthorized use of the vehicle. In these cases, he will therefore be required to compensate Alessio Fiorani's Bytecode for any pecuniary and non-pecuniary damage, resulting as a consequence or on the occasion of improper use.
- Driving authorization
Only the driver chosen by the customer is authorized to drive the vehicle, as indicated by name in the contract and authorized by the lessor. Attention: only the drivers designated on the rental contract have the status of "insured" according to the insurance contract stipulated by the lessor. In the event that the vehicle is driven by a driver not authorized by the lessor, all damages deriving from any accidents will be attributable to the customer who will be the only one responsible. Furthermore, the customer is solely responsible for the financial consequences associated with the improper use of the vehicle, even if conducted by authorized drivers.
- Insurance and claims
By simply stipulating the contract, the customer, and for him the authorized driver, acquires coverage for civil liability for damage caused to third parties. The coverages in question are subject to the limitations set forth in the respective general conditions, in the event of an accident with or without the involvement of other vehicles. The customer must take action in order to better protect the interests of the lessor and the insurance company, obliging himself, among other things, to provide the names and addresses of the parties involved in the accident and of the witnesses, not to admit any liability or faults of which he does not be sure; do not leave the vehicle unattended or in
dangerous conditions; give immediate news of the accident at Alessio Fiorani's Bytecode; communicate what happened within 3 days of the accident: late communication will result in the application of a penalty of € 50 for each day of delay. In case of violation of these cooperation obligations and, in any case, in any event of a claim occurring due to the fact or fault of the customer, he will be charged the amount equal to the value of the deductible set by contract against him.
- Cases of exclusion of insurance coverage.
In addition to the hypotheses mentioned in the previous paragraph, the customer is not equally insured and will respond on his own in the following cases:
- in the event that he is unable to return the original keys of the vehicle to the lessor after having ascertained the theft of the same. In this case, the customer will be required to pay the value of the vehicle established on the basis of the commercial valuation of the used vehicle on the day of the accident;
- in the event that the damage caused to the rented vehicle consists of burns, internal deterioration, damage due to overloads, damage from incorrect estimation by the driver of the shape of the vehicle, in particular in the upper and lower parts such as, for example, damage to tires, chrome, rims, suspension and roof;
- when the driver is in a state of drunkenness, as defined by the highway code with decree law of 30 April 1992 n. 285 and subsequent amendments and additions, or has made use of legally prohibited drugs and narcotic or psychotropic substances or medicines of a nature such as to create states of drowsiness;
- when damage to the vehicle occurs after the delivery date established in the contract, as this behavior is assimilated to conduct not approved by the lessor and, therefore, to improper use of the vehicle. This provision obviously does not apply if there is an express agreement between the lessor and the customer for the extension of the rental period;
- in the event that the customer or the driver have provided the lessor with false information regarding the relevant data for the purpose of stipulating this contract or their general information;
- when damages and losses of any kind concern personal effects and objects left on board the vehicle;
- when the damage was caused by the customer or the driver through willful misconduct or gross negligence;
- in the event that the vehicle is rented and used in overload, carrying a number of passengers or a load greater than that indicated in the vehicle registration document;
- in the event of damage to the glass.
In any case, the lessor will not be liable for the loss or damage caused to the transported items abandoned or forgotten on the vehicle both during the rental and after the return, except in the case of willful misconduct or gross negligence of the lessor.
Damage to the tires and undersides of the car: accidental damage to tires, rims, underbody, sills, suspensions or parts of the latter, protections and fairings under the car are entirely the responsibility of the customer. In any case, the customer must have the repairs carried out at a Bytecode partner center and send a copy of the relative invoice to Bytecode.
- Management of any maintenance and / or repair problems
Wheel change in case of puncture. The customer must replace the tire himself and pay the related costs.
The customer must provide for repairs at his own expense for damage caused as a result of incorrect refueling (for example petrol instead of diesel).
If the intervention of an emergency vehicle is necessary to stop the vehicle, the customer is required to call for help using the toll-free number provided by the hirer.
- Obligations in the event of theft or accident
The customer or the designated driver undertakes to comply with the following three obligations:
I - As soon as he becomes aware of it, report the theft or attempted theft of the vehicle to the lessor and the competent Police or Carabinieri authorities, as well as provide the lessor with the original keys within 24 hours.
II - Immediately report to the lessor any traffic accident concerning the rented vehicle and return to the same legible copy of the Cid completed and signed by the parties together with the personal details of the witnesses, if any. In the event of a claim without third parties, the customer must fill in the CID unilaterally, indicating the exact circumstances in which it occurred.
III - In any case, contact the hirer even if he does not deem it necessary to activate the CID.
- Obligations and payment methods
The landlord will invoice the customer who undertakes to pay:
- the sums that will be due on the basis of the application of the tariff as determined in the specific conditions of the contract;
- the rate equal to an additional rental day in the event of delayed delivery of the vehicle for more than one hour with respect to the established deadline.
- the costs of refueling in the event that the customer returns the vehicle with a quantity of fuel lower than that indicated in the form at the time of delivery. In this case, the additional cost of the service will be € 10 plus VAT in addition to the missing fuel.
- the cost of the applicable deductible and the repair costs for damage to the vehicle not covered by the insurance guarantee for which the customer must be liable under the contract.
- the charges for the assessments of the expert in the cases provided for in clause 1 of this contract.
- fines and other penalties legally charged to the customer, the costs of motorway tolls. In the event of administrative or criminal seizure of the vehicle and, in any other case of detention attributable to the customer, the lessor will charge him a sum equal to the daily rental rate for each day of detention.
- the sum of € 40 + VAT for each case opened for fines received during the rental period.
- The sum of €. 30 + VAT for non-payment of motorway tolls.
- the sum of € 60 + VAT for each open case per claim.
- the sum of 250 euros + VAT in the event that the vehicle is returned without one of the keys delivered upon delivery.
- the sum of 250 euros + VAT if the vehicle is returned without documents.
- The sums due in case of delayed return of the vehicle.
- The rate corresponding to the body builder's quote for the repair of damage suffered during the rental period.
- The sum of € 90 + VAT for lost license plates.
- The sum of € 40 + VAT for extra washing.
The customer accepts as of now that the lessor can withdraw the sums due as above from his current account by charging his credit card, or by drawing on the security deposit already established.
By signing this contract, the customer confirms that he is aware of the presence, on board the vehicle, of a satellite monitoring device.
Termination of the contract.
This contract may be terminated early, also pursuant to article 1456 of the civil code, by the lessor in the event of inappropriate use of the vehicle by the customer.
- Transaction authorization
The holder of the credit card or check issued to guarantee the rental accepts the conditions of the contract authorizing any charge.
10) Duration of the contract and possible extension
Any variation or integration of this agreement will be valid only if made in writing. The eventual nullity of one or more provisions of this contract will not determine its full invalidity.
11) Applicable law and jurisdiction
This contract is regulated by the Italian law. Any dispute that may arise regarding the interpretation or execution of this contract will be due to the exclusive competence and knowledge of the Court of Rome.
In compliance with the provisions of Articles 1341 and 1349 bis of the Italian Civil Code, the conditions referred to in Articles 2.3,4,5,6,7,8,9 are expressly approved.