GENERAL RENTAL CONDITIONS

The rental of vehicles by Crirent Srl (hereinafter “Lessor”) is governed by the following general rental terms and conditions, the rental agreement signed by the customer (hereinafter “Customer”) and the rate schedule in effect from time to time at the time of signing the rental agreement.

Art.1 Ways to access the rental

The undersigned of the rental contract – as well as any driver driving the vehicle resulting from the contract itself – must provide the Lessor with: an identity document and a valid driver’s license (authorizing the Lessor as of now to extract a copy thereof); the exact different domicile/residence if no longer corresponding to the one resulting from the documents delivered; a telephone number and an e-mail address where existing, declaring that he/she is not subject to measures that restrict the ability to drive. Access to the rental is allowed to individuals with a valid EU country driver’s license issued at least one year ago and still allowing them to drive the rented vehicle. Customers from Europe but not resident in EU countries (such as. Iceland, Liechtenstein, Norway,Russia, Albania, Montenegro, North Macedonia, Bosnia-Herzegovina, Kosovo, Serbia, Ukraine, Andorra, and San Marino) and/or non-Europeans must have a valid foreign driver’s license from their home country with a consular translation in Latin characters. Possession of credit card ownership to enable the issuance of a security belonging to the major circuits (by way of example) American Express, Mastercard, Visa and UnionPay is also required for the purpose of granting the rental.

Art.2 Insurance

The rented vehicle enjoys R.C.A. insurance coverage with reference to persons, unaccompanied property and animals. The transported person is equated with a third party. In the event of a motor vehicle accident, the Client is obliged to complete with the other party the C.A.I. form (of which a form is provided at the time of delivery of the vehicle) and send it to the Lessor no later than twenty-four hours after the event, or deliver it at the same time as the return of the vehicle if this takes place within the aforementioned period. If no accident has occurred, the Client must declare, upon return of the vehicle, that he/she has not suffered and/or caused any accident in order to enable the Lessor to be able to protect his/her rights against any deception. When signing the rental contract, the Customer, after careful reading, chooses the insurance coverage by taking the deductibles under each policy in case of damage to the common vehicle procured.

Art.3 Reservation

Reservations made through a website will result in the full cost of the rental being charged to the payment card indicated by the Client, who has the right to cancel without penalty up to forty-eight hours prior to the scheduled vehicle pick-up date by providing written notice to the Lessor. To confirm the reservation, at the time of signing the rental agreement, the Client must provide his or her credit card authorizing the Lessor to make the pre-authorization by way of deposit in accordance with the criteria set forth in the attached Rate Schedule.

The Lessor is obligated to honor accepted reservations at the time the Client shows up at the premises in the confirmed time, with a maximum tolerance of 120 minutes, after which the Lessor is no longer obligated to rent.

Art.4 Payments

Payment for the rental shall be made by credit cards, debit cards, ATM cards, or (with the option of the Lessor alone) in cash up to the amount allowed from time to time. The balance of the rental must be paid in advance when the vehicle is delivered. In case of unavailability of the booked vehicle, the lessor reserves the right to replace it with another of the same or higher category. If this is not possible, i.e. in the event that the Client refuses to accept a different vehicle than the one booked, the Lessor will be obliged to return the amount paid up to that point by the Client, without any other duty for any title and/or cause whatsoever.

The Lessor reserves the right to refuse to conclude the lease at its sole discretion.

By signing the rental agreement, the Client authorizes the Lessor to charge its payment card with the amounts corresponding to the rental fees, damages found upon return, penalties and any expenses resulting from the use of the vehicle found after its return (so e.g., management service and renotification of highway tolls, fines, management fees for any claims and/or damages caused to the vehicle). The security deposit is not chargeable on the rental account, does not bear interest and will be returned at the termination of the rental, less any sums owed by the Client to the Lessor.

Art.5 Vehicle use

The Customer undertakes to keep and use the rented vehicle with the utmost care and diligence of a good family man, in compliance with the destination and characteristics indicated in the registration certificate and always in accordance with the law.

The Client is forbidden to sub-rent the vehicle, i.e. to entrust the driving of the vehicle to persons other than those authorized in the rental agreement, to carry out repair work on it without the written consent of the Lessor, to inform the Lessor immediately of any breakdown or abnormality of the vehicle, to stop driving it and to await the Lessor’s instructions. It is also made expressly obligatory for the Customer to refuel the vehicle with correct fuel, check fluid levels and make appropriate topping up where necessary. It is categorically forbidden for the Client to operate the vehicle under the influence of drugs, alcohol, narcotics, or any substance capable of impairing capacity. It is forbidden for the Customer to leave devices or valuables in evidence inside the vehicle in order to prevent damage.

The Client may not travel outside Italy without express permission from the Lessor. If the latter is authorized, the vehicle will only be allowed to drive in EU countries, as well as in the Swiss Confederation and the United Kingdom, Iceland, Liechtenstein and Norway. In such cases the Customer will be given the so-called. “Green Card” (i.e., international certificate of insurance). In the event of use of the vehicle in countries other than those indicated above, the Client’s coverages and covenants of limitation and exclusion of liability will be ineffective and all costs will remain the sole responsibility of the Client (including any costs of stopping the vehicle and/or its repatriation).

The Customer also undertakes not to use the vehicle: for transporting contraband, explosive or polluting material, or for any other transport in violation of laws or regulations; for competitions of any kind, sporting or otherwise, or for testing routes, including on automobile circuits, as well as for giving driving lessons or practicing the same; on roads that are bumpy or unsuitable for the technical characteristics of the same; for pushing or towing another motor vehicle or trailer; for any use prohibited by laws or regulations.

The Client, and/or in any case the driver of the vehicle, is obliged to inform the Lessor immediately of any minutes served on him/her and referable to the use of the rental vehicle.

In addition, the Client undertakes to:

– not to transport animals (unless written permission of the Lessor, which will be granted only if the conditions for its transportation are met in the Lessor’s sole discretion), substances that generate dirt and/or give off bad odors inside the vehicle; in such cases, the cost of extraordinary cleaning of the vehicle will be charged to the Client;

– not to use the vehicle for their own consideration, except for the transportation of goods in the case of commercial vehicle rental with the burden of special care in handling the goods;

– not to smoke inside the vehicle by transferring this obligation to anyone inside the vehicle.

Unless otherwise authorized in writing by the Lessor the Client is prohibited from using the rented vehicle outside the territory of Italy. Violation of this prohibition results in the immediate activation, at the total expense of the Client, of the safety mechanisms placed in place to protect the Lessor such as the immediate collection of the security deposit, the blocking of the vehicle itself and its forced recovery. In any case of violation of the provisions of this article, the Lessor shall have the right and authority to repossess the vehicle wherever it is with costs charged to the Client.

Art.6 Supply

The Customer is required to return the vehicle with the same amount of fuel that existed at the beginning of the rental period. If the Client fails to refuel, the Landlord will do so by charging for it. For hybrid but plug-in rechargeable vehicles, the Customer is obligated to return the vehicle with fuel only. For hybrid and/or electric vehicles, the Lessor is not required to also provide the charged battery, being the responsibility of the Client to charge it. In such cases, the Lessor will ensure only the minimum charge to reach the nearest charging station by ensuring that only the cable for public charging is provided and, only upon request, also a system for possible home charging where available. Should the hybrid or electric vehicle be found to be loaded, the Customer is required to return it with the same amount of load that existed at the beginning of the rental period. In the case of electric vehicle rentals, if the same is left charging beyond the maximum time set by the facility to recharge without parking charges, the Client authorizes the Lessor to charge the Lessor for any parking charges charged to the Lessor if the stationing of the charging vehicle exceeds the maximum time allowed by the operator.

Art.7 Vehicle delivery and return

The Lessor delivers the vehicle to the Client, complete with accessories and the necessary documentation for circulation. With the delivery, the Customer acknowledges that the vehicle is complete with its equipment and accessories, as well as its good condition, undertaking to return it with accessories and documents, free of things or goods, in compliance with the times and places indicated in the Rental Agreement, in the same condition in which it was delivered to him/her, including cleaning, except for wear and tear proportionate to the duration of the rental and the mileage driven. Upon redelivery, the Client has the burden of verifying, in contradistinction with the Lessor, the condition of the vehicle, ascertaining and signing any discrepancies from what is stated in the Rental Agreement.

Failing the joint inspection, the Client hereby expressly authorizes the Lessor to charge the Lessor for any damages and shortages found on the vehicle even after the vehicle is returned. The Client undertakes to return the rented vehicle at the operating location where the same was delivered to him/her and in any case during the Lessor’s opening hours coinciding with the day of return. In the event of an overshoot from these terms, the rental shall be deemed to have ended at the Landlord’s next reopening time with all consequences both on the determination of the fee and on the liability resulting from the possession of the vehicle itself.

Failure to return the vehicle at the place and time specified in the rental agreement shall obligate the Client to pay, as a penalty, a sum equal to the daily rental rate of the vehicle already in use, and this for each day of delay until return, always without prejudice to the right to greater damages suffered by the Lessor.

In case of failure to return and/or damage of the vehicle accessories, as well as in case of failure to return the relevant documents and/or keys, the Client is obliged to pay to the Lessor compensation for the relevant expenses and the additional damage related to the possible unusability of the vehicle.

Complaints regarding the rental must be made by the Customer no later than the mandatory period of ten days starting from the day of return of the vehicle. Accordingly, the Customer hereby waives the right to submit claims for reimbursement and/or compensation beyond this period.

In case of failure to return the vehicle, the Lessor has the right to retrieve it wherever it is at the expense of the Client. If the vehicle is returned earlier than the return time specified in the rental agreement, there are no refunds for the unused rental time.

Art.8 Client Responsibility

The Client shall be responsible for the sums connected with the use of the vehicle during the rental and shall reimburse any sums for any reason advanced by the Lessor, including technical, postal and administrative costs necessary for the claim. The Customer is also liable for any damage, theft or fire occurring to the vehicle, as well as for fines and/or any other charges resulting from violations of traffic laws or other provisions of laws or regulations, as well as toll and parking fees. The Client authorizes the Landlord to charge the cost of handling the relevant administrative paperwork and the service of handling and renotifying the minutes. The value of the vehicle is determined according to the quotation given by the periodical Quattroruote and/or Eurotax yellow at the time of the event, unless the same occurs in the first six months of registration of the vehicle since in that case the reference will be the list value to new.

The Customer is also responsible for repair costs, loss of value of the vehicle, loss of income due to failure to return the vehicle on time, as well as towing, storage and administrative costs necessary to handle the event attributable to the damage caused to the vehicle.

For any faults, the Client must first contact the Landlord agreeing with the Landlord on what to do.

In case of theft with subsequent recovery of the vehicle, the compensation due by the Client to the Lessor shall be determined by applying the daily rental rate up to the date of material return of the vehicle to the Lessor, except, in any case, compensation for damages suffered by the vehicle. In cases of theft or fire, total or partial, or in case of vandalism, the Client is obliged to make immediate notification to the Lessor and report to the competent Authorities, delivering a copy to the Lessor within the next twenty-four hours together with the keys of the vehicle. In case of total theft, the Client is still obliged to reimburse the Lessor for the amount of the full tank of fuel if the same was rented with such a charge.

In the event of a claim (whether suffered or caused) involving the rented vehicle, even if the same is not damaged, the Client is obliged to notify the Lessor within twenty-four hours of the discovery of the event, by completing and sending the C.A.I. form to the Lessor, under penalty of ineffectiveness of the coverage established in favor of the Client.

Due to the increase in insurance costs resulting from liability and/or co-liability in road accidents and/or otherwise procured to third parties, a lump sum penalty equal to the increase in the cost of the policy is payable by the Client. However, the Client remains obligated to cooperate with the Lessor in handling any lawsuits that may arise as a result of the claim.

In the event that the vehicle is impounded or administratively detained, the Client agrees to pay the Lessor, in addition to the agreed rental fee, an amount equal to the standard daily rental rate for the type of car in question until the date the vehicle is returned.

In cases of force majeure, neither party shall be liable for its own non-performance provided that the same was caused by an event beyond its control being an event that was not reasonable and foreseeable to occur at the time of the conclusion of the charter.

In case of damage or loss of the vehicle’s equipment, the Client authorizes the Lessor to charge the credit card presented as a guarantee for the rental the amount of their cost when new.

Art.9 Charges

In addition to the rental fee, the Client is obligated to pay to the Lessor reimbursement of expenses incurred in retrieving the vehicle not returned to the Lessor’s operational headquarters or to the agreed location, the amount of fines charged for violations of traffic laws or other regulations committed by the Client during the rental period, as well as any other sums due as a result of these general rental terms and conditions, such as charges for damages, missing fuel and/or electric recharge deficits, for times that exceed the agreed-upon times. If within three working days of the notice of debit the Client does not make any objection, the Lessor will collect the amount notified in debit. In the event of damage to the vehicle, the Customer will also be charged, in addition to the damage, an amount related to the downtime commensurate with the daily cost of renting the vehicle.

In Client authorizes the Landlord to provide his personal details to the relevant authorities for any event involving public authority involvement.

The fine generated by the use of the rental vehicle shall be paid directly by the Client to the authority that detected the infraction and issued the fine; where this is not possible, the Client shall pay the Lessor the relevant amount.

Art.10 Geolocation

The Customer is informed that for safety reasons, the vehicle may be equipped with a geo-location system that involves tracking the vehicle’s driving tracks, exact location, speed and gaits in case of accidents and/or traffic violations. The managers of such data are different from the Lessor and appointed by the Lessor as data processors, whose references will be available upon reasoned request to the Lessor. This data is retained in the databases for a maximum duration of ten years after the expiration of the rental contract, at the end of which time it will be deleted. The Client authorizes the Lessor to disclose such data to public authorities, insurance companies and/or other parties to be involved in the prevention and/or management of crimes in general (theft, etc.), claims and for any action to protect the Lessor.

Art.11 Express termination clause

Having to deal with a multitude of parties, all clauses of these general rental terms and conditions have been carefully considered for uniform management and equal treatment of customers and are, therefore, determinant of the Lessor’s consent; it follows that the violation of even one of these clauses by the Client will entitle the Lessor to termination of the rental agreement in accordance with Article 1456 of the Civil Code, as well as to claim compensation for any greater damage suffered.

Art.12 Confidentiality

Pursuant to EU Regulation n.679/2016, the Customer declares to have received and read the information on the processing of their sensitive and personal data entrusted to the Data Controller Crirent S.r.l. The Customer also declares that he/she has been informed about the purposes and methods of data processing, the nature of the data and obligations or faculty to provide the data and the consequences to any refusal, the scope of communication of the data, the rights of the data subject, the manner of exercising them and the contact details of the data controller.

Art.13 Applicable Law and Exclusive Jurisdiction

These provisions and the rental agreement are governed by Italian law. For all disputes relating to contractual relations, without prejudice to the jurisdiction of the Consumer Forum, the Court of Caltagirone has exclusive jurisdiction.

Art.14 Interpretation

In case of any doubt or divergence of interpretation, the Italian version prevails over that of any other language, as the will of the parties is expressed in this lexicon. Any invalidity and/or ineffectiveness, even partial, of any of the provisions of this contract will only result in its disapplication as the contract will remain in full force and effect.

Art.15 Statement of reading and domicile

Finally, the Customer declares that he/she has carefully read the above general rental terms and conditions, the rental agreement and the rate schedule in effect at the time of signing, that he/she has taken full cognizance of them, and that he/she expressly and fully approves them.

Art.16 Domicile

For the purpose of the rental relationship, the domicile of the Client will coincide with the domicile communicated to the Lessor in the rental agreement.

Read and approved.

By signing the rental agreement, the Customer declares that he/she has read, and specifically and expressly accepts and approves the above general rental terms and conditions, and in particular the articles:

1 (access to rental); 3 (reservation); 4 (payments); 5 (vehicle use); 6 (refueling); 7 (vehicle delivery and return); 8 (customer liability); 9 (charges); 10 (vehicle geolocation); 11 (express termination clause); 13 (applicable law and exclusive jurisdiction); Art.14 (interpretation); Art.15 (reading statement); and Art.16 (domicile).