Terms and conditions

TERMS AND CONDITIONS

Differental – A Brand of ITA RENT Srl

The rental service is provided by ITA RENT Srl, operating under the Differental brand (hereinafter, the “Lessor”). The contractual relationship with the Customer is jointly governed by: the General Conditions – the Rental Letter – the Applicable Tariff Schedule – the Damage Policy – the Privacy Notice. These documents constitute a single binding contractual framework – the contractual documentation. By signing the contract, the Customer declares to have read and accepted its contents.

GENERAL RENTAL CONDITIONS

Art. 1 Requirements – Booking

1.1 – Identification of the Customer and authorized drivers

The Customer and any authorized driver must be identified and qualified by providing the Lessor with a valid identity document (Passport or Identity Card valid for at least six months from the return date); such documents must be presented in original at the time of vehicle pick-up, and copies or reports will not be accepted by the Lessor. The driving licence and identity documents must be issued by the same State. Upon signing the contract, the Customer undertakes to provide information regarding their personal details, such as age, place of residence and, if different, domicile, telephone contacts and e-mail.

1.2. – Age and driving licence requirements

Rental is allowed to drivers who have reached 25 years of age and are no older than 80 years, without prejudice to the provisions of the following article 1.3.

The driver must hold a valid driving licence, issued at least 12 months earlier and valid for the entire rental period. The licence must be presented in original at the time of vehicle pick-up.

The driver is required to verify, under their own responsibility and in compliance with the provisions of the Highway Code, that the category and characteristics of the licence held authorize them to drive the rented vehicle.

Where the licence has been issued by a State not belonging to the European Union, the driver must present, together with the original national licence, a valid international driving permit or an official or certified translation of the licence, where required by applicable law.

The documents provided for by this article and by article 1.1 must be valid, legible and attributable to the driver. Where applicable, they must also be consistent with the State of residence declared by the Customer.

1.3 – Drivers aged between 18 and 24 years

By way of derogation from the ordinary minimum age provided for by article 1.2, rental may also be allowed to drivers aged between 18 and 24 years, exclusively for the vehicle categories for which such possibility is expressly provided by the tariff conditions in force at the time of booking or rental.

Drivers belonging to the aforementioned age bracket will be charged a tariff surcharge called “Young Driver”, in the amount indicated in the tariff schedule in force at the time of booking or vehicle pick-up.

For the vehicle categories subject to a minimum age requirement of 25 years or more, rental will not be allowed to drivers below the required limit, not even by applying the “Young Driver” surcharge.

1.4 – Credit card requirements and rental guarantee

The holder of the booking must present, at the time of vehicle pick-up, a valid credit card, in their own name, with embossed numbers and belonging to one of the circuits accepted by the Lessor.

Credit cards belonging to the American Express, Visa, Mastercard and Diners circuits are accepted, provided they have an expiry date at least 180 days after the scheduled date for the return of the vehicle.

Prepaid cards, debit cards, Bancomat cards, cards belonging to the Maestro circuit or virtual cards are not accepted as a guarantee.

The credit card is required for making the pre-authorization relating to the security deposit and, within the limits and according to the terms provided by the Contract and these General Conditions, for the payment or charging of the amounts arising from the rental, including, by way of example, those relating to damages, theft, deductibles, penalties, tolls, administrative expenses, ancillary services and further amounts owed by the Customer. For vehicles belonging to the Van Luxury, Van Premium, Van Manual, Van Automatic, Suv Premium AWD, Suv Luxury and Suv 7 Seats categories, two credit cards will be required as a rental guarantee.

1.5 – No-show and cancellation of a prepaid booking

Should the Customer intend to cancel the booking, for rentals whose payment has already been made no penalty will be applied, provided that the cancellation notice is received at least 48 hours before the date and time scheduled for vehicle pick-up.

In the event of a cancellation notified less than 48 hours before the date and time scheduled for vehicle pick-up, the Customer will not be entitled to any refund of the amounts already paid.

1.6 – No-show and cancellation in the absence of payment

In the case of a booking for which no payment has been made or no deposit paid in advance, the Customer may cancel the rental in compliance with the terms and conditions set out in the tariff conditions applicable to the booking.

Should the cancellation be notified beyond the applicable deadline, or should the Customer fail to appear at the place and time agreed for vehicle pick-up or cancel the rental at the time of pick-up, the Lessor reserves the right to apply the penalty or to request the amount provided by the tariff conditions in force and accepted by the Customer at the time of booking.

1.7 – Lack of the requirements necessary for the rental

Should, at the time of vehicle pick-up, the Customer or the designated driver lack the requirements, documents, authorizations, means of payment or guarantees required for signing the Contract, the Lessor may refuse delivery of the vehicle.

In such case, where the failure to sign the Contract is attributable to the Customer, the Lessor reserves the right to retain, in whole or in part, the amounts already paid or to apply the penalty provided by the tariff conditions in force and accepted at the time of booking, without prejudice to compliance with the principles of transparency and proportionality.

1.8 – Payment methods

The consideration for the rental and any ancillary services, where not paid in advance, must be paid by one of the electronic payment systems accepted by the Lessor.

Cash payments are not permitted.

1.9 – Category of the booked vehicle

At the booking stage, the Customer selects only a vehicle category and not a specific model, brand, version, fuel type, colour or trim.

Any indication of a specific model is merely illustrative of the characteristics of the chosen category.

1.10 – Assignment of the booked vehicle

The booking made for a specific vehicle guarantees the delivery of the chosen vehicle or of an equivalent category (similar); in the event of unavailability of the booked Vehicle, the Lessor reserves the right to replace it with another of a higher category; only in the event of unavailability of both the booked vehicle and a higher category, a vehicle of a lower category will be delivered, with a consequent recalculation of the tariff. Only in the event of refusal by the Customer of a lower category, the Lessor will make itself available to refund the amount paid by the Customer up to that moment for the rental of the vehicle. The refund will be made by re-crediting the relevant amount to the credit card used for payment.

1.11 – Booking modification

The Customer may request modifications to the elements of the booking, including, by way of example, the vehicle category, the place and times of pick-up or return and any ancillary services.

Modification requests will not be binding for the Lessor and may be accepted exclusively on the basis of vehicle availability, operating conditions and the tariffs applicable at the time of the request.

The booking modification will be deemed finalized and effective only following express confirmation by the Lessor.

Accepted modifications may entail an adjustment of the rental consideration, of the cost of ancillary services and of any other applicable amount, which will be communicated to the Customer before the relevant confirmation.

1.12 – Maximum rental duration

The total rental duration may not exceed 28 consecutive days.

Any requests for extension must be communicated in advance by the Customer and approved by the Lessor. In any case, the initial rental duration and subsequent extensions, considered as a whole, may not exceed the maximum limit of 28 consecutive days.

1.13 – Pick-up time and tolerance period

The Customer is required to indicate, at the booking stage, the time scheduled for vehicle pick-up.

With respect to the indicated time, a tolerance period of 60 minutes is granted. Once this period has elapsed without the Customer having shown up or having agreed in advance with the Lessor a different pick-up time, the availability of the vehicle will no longer be guaranteed.

In such circumstance, the Lessor reserves the right not to proceed with delivery of the vehicle, without prejudice to the application of the conditions provided in the event of the Customer’s no-show or cancellation.

1.14 – Change of pick-up time

The Customer may request to pick up the vehicle at a time other than the one indicated in the booking. The change will be subject to the prior approval of the Lessor and to the operating availability at the time.

Should the change of time entail the application of tariff conditions different from those originally provided, the rental consideration may be updated accordingly.

Any tariff variation will be communicated to the Customer before confirmation of the new pick-up time, and the change will become effective only following its acceptance.

1.15 – Optional ancillary services and products

At the time of vehicle pick-up, the Customer may request the purchase of any available ancillary services, products or equipment.

Such items are optional and may be purchased exclusively upon the Customer’s express request and free choice, subject to availability at the time.

The relevant costs will be determined on the basis of the tariff schedule in force and communicated to the Customer before the purchase and the signing of the rental Contract.

1.16 – Security deposit and authorization to charge

Upon signing the Rental Letter or the Contract, the Customer authorizes the Lessor to carry out on the indicated payment card a pre-authorization or other lien as a security deposit, in the amount stated in the Contract and determined on the basis of the vehicle category, the coverages purchased and the applicable tariff conditions.

The Customer also authorizes the Lessor to charge on the same card, after verification and in compliance with the contractual conditions, the amounts actually owed in relation to the rental, including:

• a) the rental consideration, where not paid in advance;
• b) the costs relating to services, products and ancillary equipment requested by the Customer;
• c) the amounts relating to damage, theft, loss or damage to parts, components, accessories and equipment of the vehicle, within the limits of the economic liabilities and exclusions provided by the Contract;
• d) the deductibles and further amounts remaining payable by the Customer on the basis of the coverages and additional services purchased;
• e) the costs arising from the return of the vehicle at a place other than the one agreed, where previously authorized by the Lessor, as well as those incurred for the recovery of the vehicle in the event of an unauthorized return;
• f) the penalties, indemnities and costs arising from improper use of the vehicle or breach of contractual obligations;
• g) the costs relating to missing fuel and the refuelling service;
• h) the surcharges and costs relating, by way of example, to the One Way service, the return or pick-up outside opening hours, the replacement of the vehicle and the further services provided by the Contract or the applicable tariff schedule;
• i) any other amount expressly provided by the Contract, by these General Conditions or by the tariff schedule accepted by the Customer.

Any charges subsequent to the conclusion of the rental must refer to contractually provided amounts and be adequately documented. The Lessor will make the relevant supporting documentation available to the Customer.

1.17 – Fines, penalties and non-payment of tolls

In the event of traffic fines, violations of the Highway Code or non-payment of tolls attributable to the rental period, the Lessor, once it has received the relevant notice, will transmit to the competent authorities or to the party in charge of collection the personal details of the Customer and of the driver of the vehicle.

Penalties, tolls and any further amounts due may not be paid to the Lessor, but must be paid directly by the Customer to the competent authority or party, according to the terms indicated in the relevant notice.

1.18 – Pre-authorization of the security deposit

The credit card presented by the Customer as a rental guarantee must have a sufficient limit to allow the Lessor to carry out the pre-authorization of the amount provided as a security deposit.

Should the available limit prove insufficient or the pre-authorization not be authorized by the issuing institution, the Lessor may refuse delivery of the vehicle, in accordance with these General Conditions.

At the end of the rental, should no further amounts be owed by the Customer, the Lessor will request the release of the pre-authorized amount.

Should, on the other hand, amounts be owed in relation to the rental, the Lessor may proceed with the relevant charge, within the limits and according to the conditions provided by the Contract, simultaneously requesting the release of any residual amount.

Once the release request has been transmitted to the issuing institution, the time required to restore the availability of the limit will depend exclusively on the payment circuits and the issuing bank. The Lessor may therefore not be held liable for any delays not directly attributable to its own activity.

Art. 2 Obligations of the Lessor

2.1 – Verification and delivery of the vehicle

Before delivery, the Lessor undertakes to carry out the necessary checks to ascertain that the vehicle is in proper working, maintenance and safety condition, and suitable for the use provided by the Contract.

The Lessor will also verify the presence of the mandatory safety equipment, of the documentation necessary for circulation and of a valid insurance coverage for third-party civil liability.

At the time of delivery, the Customer is required to verify the apparent condition of the vehicle and its equipment, immediately reporting to the Lessor any detectable damage, anomalies, discrepancies or deficiencies.

By signing the Rental Letter or the delivery report, the Customer declares to have received the vehicle in the condition and with the equipment indicated therein, without prejudice to any defects, faults or malfunctions not immediately recognizable at the time of pick-up.

Art.2.2 – Winter equipment

During the periods and in the areas where the applicable law or the measures of the competent authorities impose the obligation of winter equipment, the Lessor will deliver the vehicle fitted with anti-slip devices compliant and compatible with the vehicle, such as, by way of example only: snow chains, snow socks and equivalent approved devices.

Should such equipment be necessary to comply with the legal obligations applicable to the place of pick-up or to the area of normal use declared by the Customer, it will be provided at no additional cost.

Outside the periods or areas subject to the obligation, the Customer may request the supply of winter equipment, subject to the Lessor’s availability and to any payment of the consideration provided by the tariff schedule in force.

2.3 – Interventions on the vehicle and reimbursement of expenses

Should it become necessary, during the rental period, to carry out maintenance, repair or assistance interventions on the vehicle, the Customer must promptly contact the Lessor and obtain prior written authorization before entrusting the vehicle to third parties or incurring any expense.

The reimbursement of the expenses incurred by the Customer will be recognized exclusively where the intervention has been previously authorized in writing by the Lessor and is documented by a proper invoice made out to: ITA RENT S.R.L. – Piazza Maestri del Lavoro 7 20063 Cernusco Sul Naviglio – VAT No. 12594610961.

In the event of proven urgency, where it is not possible to promptly contact the Lessor, the Customer must adopt exclusively the measures strictly necessary to avoid further damage to the vehicle or safety hazards, informing the Lessor as soon as possible. Any reimbursement will remain subject to verification of the necessity and appropriateness of the intervention and of the relevant documentation.

2.4 – Replacement vehicle in the event of accident or breakdown

In the event of immobilization of the vehicle following an accident or breakdown, the Customer must promptly inform the Lessor and follow the instructions received.

Compatibly with vehicle availability, operating conditions and the causes that led to the immobilization of the vehicle, the Lessor may make available to the Customer a replacement vehicle, even belonging to a category different from the one originally booked.

The replacement may be carried out exclusively at one of the rental points indicated by the Lessor, unless otherwise agreed in writing between the parties.

At the time of delivery of the replacement vehicle, the Lessor may request the renewal or adjustment of the security deposit by means of a valid credit card in the Customer’s name, according to the amount and conditions applicable to the replacement vehicle.

The provision of the replacement vehicle does not prejudice the assessment of liabilities relating to the accident, breakdown or damage found, in the application of the amounts possibly owed by the Customer pursuant to the Contract.

2.5 – Damage attributable to the Customer and termination of the Contract

Should the vehicle suffer damage attributable to wilful misconduct, fault, negligence, incompetence, improper use or breach of contractual obligations by the Customer or an authorized driver, the Lessor may immediately terminate the Contract, order the cessation of the rental and request the return of the vehicle.

The amounts due for the damage caused, the recovery of the vehicle, the deductibles, the penalties and the further costs provided by the Contract remain payable by the Customer.

2.6 – Belongings left in the vehicle

The Customer is required to verify, at the time of return, that they have not left any belongings or personal effects inside the vehicle.

Should, after the return, the Lessor find belongings belonging to the Customer, it will keep them for the period provided by its internal procedures, informing the Customer, where identifiable, of the relevant finding.

The belongings may be collected by the Customer, by a person expressly delegated by them, or shipped at their request. All costs relating to collection, shipping or return will remain payable by the Customer.

The Lessor may not be held liable for belongings that the Customer declares to have left in the vehicle but which were not actually found, nor for the loss, deterioration or damage occurring before the finding and taking into custody by the Lessor

2.7 – Defects that do not compromise the use of the vehicle

The Lessor may refrain from repairing or replacing the vehicle where the defect or anomaly reported by the Customer does not compromise the safety, proper functionality, compliance with applicable law or suitability of the vehicle for the use provided by the Contract.

The Customer nevertheless remains required to promptly report to the Lessor any defect, anomaly or malfunction found and to follow the instructions received.

Art.2.8 – Exclusion of liability limitations

The clauses, coverages and services intended to limit or exclude, in whole or in part, the economic liability of the Customer will not apply where the damage, loss, theft or contested event is attributable to wilful misconduct or gross negligence of the Customer or of an authorized driver.

In such circumstances, the Customer will be required to be fully liable for the amounts due and the damage caused, in accordance with the provisions of the Contract and applicable law.

Art. 3 Obligations, Liabilities and rights of the Customer

3.1- Custody and use of the vehicle

Upon taking custody of the vehicle, the Customer assumes its custody and undertakes to drive it personally, not to have it driven by unauthorized drivers, as well as to keep and use it with the utmost care and diligence, in compliance with its intended use, the characteristics stated in the registration document and the limits provided by applicable law.

3.2 – Obligations of the Customer in the use of the vehicle

The Customer undertakes to:

• a) verify, at the time of taking custody, the state of use and maintenance of the vehicle, immediately reporting to the Lessor any anomalies, discrepancies, damage or deficiencies not stated in the delivery report;
• b) ascertain the presence on board of the safety equipment, the circulation documents and the insurance documents;
• c) provide, during the rental period, for the ordinary maintenance of the vehicle with the diligence required by the nature of the asset, carrying out, by way of example and not exhaustively, the check and any topping up of the levels of lubricants, brake oil, coolant, windscreen washer fluid and tyre pressure;
• d) not sublet, grant for use, assign or entrust the rented vehicle to third parties, on any basis;
• e) not entrust the driving of the vehicle to unauthorized persons and/or persons not indicated in the rental Contract;
• f) not smoke nor allow others to smoke inside the vehicle;
• g) not transport animals without the prior written authorization of the Lessor and, in any case, in compliance with art. 169 of the Highway Code;
• h) not use the vehicle for the transport of goods or objects where it is not intended for such use;
• i) use the vehicle in full compliance with the applicable road traffic legislation, avoiding use on roads, routes or areas unsuitable for the technical characteristics of the vehicle;
• j) not board the vehicle onto ships, ferries or other means of transport without the prior written authorization of the Lessor;
• k) return the vehicle with a full tank of fuel or with the same level indicated at the time of delivery;
• l) keep the vehicle with the utmost diligence, activating the available security systems, avoiding leaving valuables in view and adopting every measure useful for the protection and preservation of the asset;
• m) promptly pay any fines, tolls, parking, access to limited traffic zones or other violations and charges accrued during the rental period, giving immediate notice thereof to the Lessor and in any case no later than the return of the vehicle;
• n) not drive or use the vehicle outside the national territory without the prior written authorization of the Lessor. In the event of authorization to use the vehicle in the following Countries: Andorra, Belgium, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Portugal, Slovakia, Slovenia, Spain, Switzerland and the United Kingdom, the Customer undertakes to pay the “Cross Border Fee” service equal to EUR 100.00 for all categories, with the exception of categories P, M1, JA and PA, for which the amount due will be equal to EUR 150.00. For the use of the vehicle in Austria, the Netherlands and Hungary, the Customer undertakes to pay the “Cross Border Fee” service equal to EUR 150.00;
• o) assume all liability for damage, costs, penalties, seizures, administrative impoundments or other prejudices occurring abroad in the absence of the prior written authorization of the Lessor, with the consequent forfeiture of any contractual liability limitations. The Lessor reserves the right to involve the competent Authorities for the recovery of the vehicle and to retain the security deposit in full, without prejudice to the right to compensation for any greater damage;
• p) not use the vehicle in Countries where the Green Card (RCA) is not valid, assuming all consequences, liabilities and compensation charges arising from such use;
• q) not use the vehicle for the transport of persons or goods for consideration;
• r) not tow or push other vehicles, trailers, carts or other objects;
• s) not drive under the influence of alcohol, drugs, psychotropic substances, narcotics or in any case in psychophysical conditions unsuitable for driving;
• t) not use the vehicle for races, competitions, speed trials, driving lessons, illegal activities or in any case for purposes other than those permitted by the Contract, including, by way of example, the transport of smuggled goods, dangerous, flammable, explosive materials or materials prohibited by law;
• u) not carry out or have carried out repairs, technical interventions, modifications or tampering on the vehicle without the prior written consent of the Lessor;
• v) in the event of failure, breakdown, malfunction or anomaly of the vehicle, immediately stop driving where necessary or prudent, contact without delay the assistance service at the contacts indicated in the Contract and scrupulously follow the instructions received from the Lessor or the assistance service;
• w) bear the costs of the tow truck, towing, recovery or breakdown service, unless the Customer has purchased the Roadside Assistance service and within the limits of what is provided by the relevant conditions;
• x) acknowledge that the Lessor may, at its own discretion, not provide a replacement vehicle in the event of the Customer’s insolvency, theft, fire, serious accident, negligence, improper use of the vehicle or breach of contractual obligations. Any replacement will normally take place with a vehicle of the same category or, in the event of unavailability, with a vehicle of a different category, with any tariff adjustment.

It is finally understood that, in the event of a breach of even one of the provisions of this article, the Lessor reserves the right to repossess the vehicle at any time and place, even without notice, without prejudice to the right to compensation for any damage, cost, expense or prejudice suffered.

3.3 – Liability of the Customer for damage, penalties and charges connected with the use of the vehicle

The Customer is liable for all damage, costs, charges and prejudices arising from the breach of the obligations referred to in the previous article, as well as for any fine, penalty, motorway toll, parking cost, access to limited traffic zones and, more generally, for any amount, expense or charge in any way connected with the use of the vehicle during the rental period.

The Customer therefore undertakes to reimburse the Lessor in full for all sums that the latter may have advanced or be required to pay on such grounds, including postal, administrative, management, communication, re-notification and recovery expenses for the amounts.

It is understood that, in all cases where it becomes necessary to communicate the Customer’s data, to deliver or re-notify fines, penalties or other acts, or to recover sums advanced or in any case owed to the Lessor, the Customer will be required to pay the latter an amount for administrative expenses according to the price list in force at the time of the charge, without prejudice to the Lessor’s right to reimbursement of any further costs, expenses, charges or damage incurred.

3.4 – Liability for damage, theft, fire and consequent charges

The Customer assumes all liability for damage, theft or fire that may affect the vehicle during the rental, except as expressly provided by any liability limitations purchased and within their limits of validity.

This scope includes, by way of mere example and not exhaustively, the charges relating to restoration interventions, any commercial depreciation of the vehicle, the economic loss arising from its unavailability, as well as the costs of recovery, custody, towing, storage, appraisal, insurance management and the administrative charges incurred by the Lessor for the management of the event or of any related claims.

The amounts thus determined will be charged to the Customer in accordance with the contractual provisions and the applicable rental conditions, and will be quantified according to the criteria indicated in the Lessor’s damage table, in the price list in force and/or on the basis of the technical, administrative or accounting documentation relating to the event, without prejudice to the Lessor’s right to compensation for any greater damage.

3.5 – Joint and several liability of the Customer, additional drivers and credit card holder

All Customers, any authorized additional drivers and the holders of the credit card indicated in the Contract are jointly and severally liable between themselves and towards the Lessor for the obligations pertaining to the holder of the rental letter, both under this contract and under applicable law, including, by way of example, the obligations of payment, reimbursement, compensation and indemnity arising from the use of the vehicle.

3.6 – Customer’s right to provide evidence and duty to cooperate

The Customer nevertheless retains the right to prove that any breaches or damage to the vehicle are attributable to causes not imputable to them. This provision does not in any way entail a reversal of the burden of proof nor limit the Customer’s right to raise the objections provided by applicable law, without prejudice to the Customer’s obligation to cooperate with the Lessor and to promptly provide any information, document or element useful for the correct reconstruction of the event

3.7 – Deductibles applicable in the event of accident, theft or fire

Unless otherwise agreed in writing between the parties, the Customer is required to bear the amounts relating to the deductibles indicated in the rental letter in the event of accident, theft or fire occurring during the contractual period, within the limits and according to the conditions provided by the Contract, the applicable coverages and any liability limitations purchased.

3.8 – Full compensation in the event of intoxication, substances, wilful misconduct or gross negligence

By way of derogation from the foregoing, the Customer is required to fully compensate for the damage arising from an accident where it occurs while the vehicle is driven in a state of intoxication, under the influence of narcotic or psychotropic substances or in any case substances capable of altering the ability to drive, or in the presence of wilful misconduct or gross negligence attributable to them, as well as in any other case of use of the vehicle contrary to the law, the Contract or the Lessor’s instructions.

3.9 – Damage arising from non-diligent or improper use of the vehicle

The Customer is required to fully compensate for the damage arising from a non-diligent, improper, negligent use or use not compliant with the intended purpose of the vehicle, such as, by way of example and not exhaustively, scratches caused by vegetation, damage to the underbody, rims, tyres, interiors, bodywork, roof, glass and the mechanical or electronic parts of the vehicle.

3.10 – Damage, costs and penalties arising from regulatory violations

The Customer is required to fully reimburse the damage, costs, expenses, charges and any penalties arising from conduct carried out in violation of the rules of the Highway Code, as well as of any other applicable legislative or regulatory provision, even where such consequences are contested to the Lessor or advanced by the latter.

3.11 – Exclusions from coverages and liability limitations

Excluded from the insurance coverages, as well as from any liability limitations or exclusions, are damage caused intentionally by the Customer or arising from negligence, imprudence, incompetence, improper use, breach of the Contract or failure to comply with the Lessor’s instructions, as well as damage concerning the internal parts of the vehicle, including, by way of example and not exhaustively, dashboard, airbag, seat belts, touchscreen displays, seats, upholstery, controls, accessories, keys, electronic devices, on-board equipment and roof.

Also excluded is damage resulting from an incorrect assessment of the height of the vehicle or of the presence of protruding or overhanging elements, damage attributable to the clutch or caused by over-revving of the engine, as well as damage arising from incorrect or insufficient refuelling, from the use of non-compliant fuel, from the failure to check fluid levels, from the failure to promptly report anomalies or from continuing driving in the presence of failures, warning lights or malfunctions.

Also excluded are the theft of tyres and/or rims, damage caused by driving on unsuitable or unauthorized roads, on dirt tracks, beaches, off-road routes, prohibited areas or in any case incompatible with the technical characteristics of the vehicle, and, in general, any damage resulting from the failure to comply with the rules governing the circulation of the vehicle, the contractual provisions or the instructions given by the Lessor.

3.12 – Obligation to return the keys in the event of theft of the vehicle

In the event of theft of the vehicle, the Customer undertakes to immediately return to the Lessor the original key of the vehicle, as well as any further key, device, document or equipment possibly in their possession. The Customer’s obligation to fully compensate for the value of the stolen vehicle remains in the cases provided by the Contract, by applicable law or in the presence of wilful, grossly negligent, negligent conduct or in any case conduct not compliant with the contractual obligations.

3.13 – Report and notice in the event of accident, theft or fire

In the event of accident, theft, fire, partial or total, the Customer must file a proper report with the competent Authorities where provided or necessary, and communicate the event to the Lessor within 24 hours from the moment they became aware of it, promptly delivering or transmitting all the relevant documentation to the rental company.

3.14 – Additional liability reduction or limitation services

To partially cover the sums possibly payable by the Customer, the latter may purchase additional services aimed at reducing or eliminating, in whole or in part, the specific economic liabilities arising from the rental, within the limits, under the conditions and with the exclusions provided by the Contract, the General Rental Conditions and the additional service subscribed.

For rentals carried out in the regions of Puglia, Campania and Calabria, considered higher-risk areas by the Insurance Companies, in the event of theft of the vehicle and even where the Customer has purchased a service to reduce or eliminate economic liability, an excess corresponding to the theft deductible, duly stated in the Rental Contract, will in any case remain payable by them.

3.15 – Charging of damage, management expenses and technical downtime

In the event of damage, the Customer will be liable, in addition to the damage detected, also for the damage management expenses, the relevant technical downtime, any administrative, appraisal, recovery, custody, towing and restoration costs, according to what is provided by the Lessor’s Damage Matrix, by the price list in force or by separate valuation. The Customer hereby authorizes the Lessor to charge the relevant amounts, also by using the credit card left as a guarantee, without prejudice to the Lessor’s right to compensation for any greater damage.

3.16 – Return of the vehicle and fuel level

The Customer undertakes to return the vehicle with the same quantity of fuel detected and ascertained at the time of delivery of the vehicle; in the event of missing fuel, in addition to the fuel consumed, the relevant refuelling service according to the price list in force remains payable by the Customer. It is understood that any surplus at the time of return compared to what was detected at the time of delivery will not be considered subject to reimbursement by the Lessor.

3.17 – Limited mileage, excess and failure of the odometer

Should the Customer choose a limited-mileage tariff, they will be required to pay the Lessor the amount relating to the excess kilometres, according to the price list in force and/or according to what is indicated in the rental letter or in the economic conditions communicated to the Customer. In the event of detection of failure, tampering, malfunction or breakdown of the odometer of the rented vehicle, the Lessor will count a daily mileage equal to 200 km per day, unless, on the basis of objective elements, a higher mileage results, which may be charged to the Customer.

3.18 – Obligations of the Customer in the event of an accident

In the event of an accident suffered or caused by the rented vehicle, even where the vehicle does not sustain damage, the Customer is required to:

• a) communicate to the Lessor the names and addresses of the parties involved, the licence plates of the vehicles concerned, the insurance data and the personal details of any witnesses;
• b) promptly inform the Lessor of the incident by telephone contact, subsequently sending a detailed report complete with a descriptive diagram of the dynamics of the accident;
• c) without delay notify the Police Authorities where it becomes necessary to ascertain the liability of third parties, in the presence of injured persons or in any case in all cases where this is required by applicable law or by the circumstances of the specific case;
• d) adopt all necessary measures not to leave the vehicle unattended and to ensure its adequate protection, avoiding the aggravation of damage and following the instructions received from the Lessor or the assistance service;
• e) cooperate, even at a later time, with the Lessor for the management of any proceedings, compensation claims, insurance procedures or disputes arising from the accident, where requested;
• f) complete with the counterparty the European Accident Statement form (C.A.I.) present on board the vehicle and transmit it to the nearest Lessor agency within 24 hours of the event, or deliver it at the time of return of the vehicle if this takes place within the same period. The form must be completed fully and accurately, so as to allow a clear and unequivocal reconstruction of the dynamics of the accident, with indication of the parties involved, the licence plates, the insurance companies, the visible damage, the place, date, time and any declared liabilities.

Failure to fulfil the obligations indicated above entails the loss of effectiveness of any insurance coverage or liability limitation provided in favour of the Customer, within the limits permitted by applicable law and where such failure has prevented or prejudiced the correct management of the accident. In particular, the omitted or delayed communication of the accident results in the forfeiture of all liability limitations and exclusions relating to damage, theft or fire, total or partial, the Customer also remaining liable for any prejudices, costs, expenses or damage suffered by the Lessor as a result of such failure.

3.19 – Obligations of the Customer in the event of theft, fire or act of vandalism

In the event of theft, fire, total or partial, or act of vandalism, the Customer is obliged to immediately file a report with the competent Authorities and to transmit a copy thereof to the Lessor within 24 hours, together with the keys of the vehicle, the documents possibly in their possession and any further element useful for the reconstruction of the event, at the nearest agency or according to the terms indicated by the Lessor.

The Customer is also required to actively cooperate with the Lessor in the management of any legal proceedings, insurance procedures, compensation claims or disputes connected with the event. In such circumstances, the penalty provided for the administrative management of the file will be applied, according to the price list in force, without prejudice to the Lessor’s right to reimbursement of any further costs, expenses, charges or damage incurred.

Art. 4 Insurance coverages

4.1 – Insurance coverages included in the rental

The Customer benefits, for the entire duration of the rental, from the following included coverages:

• a) CDW – Collision Damage Waiver: provides for a reduction of the amount owed by the Customer as economic liability for any damage caused to the vehicle;
• b) TLW – Theft Loss Waiver: provides for a reduction of the Customer’s economic liability in the event of theft of the vehicle;
• c) RCA – Motor Third-Party Liability: compliant with applicable law, guarantees insurance coverage for damage caused to third parties, whether persons, property, excluding transported property, or animals. Passengers transported in the Lessor’s vehicle are considered third parties for all purposes.

The amounts relating to the Customer’s maximum liability in the event of damage or theft, with reference to the CDW and TLW coverages, are determined on the basis of the category of the rented vehicle and indicated in the rental Contract.

4.2 – Optional coverages and additional services that may be purchased by the Customer

The Customer has the right to purchase, directly at the rental locations, additional packages aimed at reducing or eliminating, in whole or in part, their economic liability in the event of damage or theft of the vehicle, within the limits and under the conditions indicated below:

• a) Gold Coverage: provides for a 50% reduction of the Customer’s economic liability in the event of damage and theft. Excluded from the coverage are damage caused to glass, rims and tyres, as well as the roadside assistance service;
• b) Platinum Coverage: provides for the elimination of the Customer’s economic liability in the event of damage and theft. Excluded from the coverage are damage caused to glass, rims and tyres, as well as the roadside assistance service;
• c) Platinum Plus Coverage: provides for the elimination of the Customer’s economic liability for damage caused to the vehicle only, the economic liability in the event of theft remaining in place. This coverage is applicable to the special categories, passenger vans and Luxury Cars. Excluded from the coverage are damage caused to glass, rims and tyres, as well as the roadside assistance service;
• d) Tyres and Glass Coverage: provides for the elimination of the Customer’s economic liability in the event of damage caused to tyres, glass and rims, and may be purchased at the rental locations;
• e) Roadside Assistance: provides for the elimination of the Customer’s economic liability in the event of a request for the roadside assistance service following an accident or mechanical damage, within the limits and under the conditions provided by the service purchased.

The coverages and additional services accepted by the Customer at the time of vehicle pick-up are to be considered valid for the entire duration of the rental and will be calculated on the basis of the actual rental days, even in the event of any extension. Such coverages and services may not be modified or cancelled during the ongoing rental and will be charged directly to the credit card presented by the Customer.

For rentals carried out only in the regions considered at risk such as Puglia, Campania and Sicily, the theft deductible always remains payable by the Customer even having purchased a coverage for its elimination.

Art. 5 – Delivery and return of the vehicle

5.1 – Commencement and conclusion of the contractual relationship

The contractual relationship commences on the day and at the time of delivery of the vehicle to the Customer and concludes at the time of its return and taking over by the Lessor, except as otherwise provided in the cases of return outside opening hours or by unattended means.

5.2 – Inspection of the vehicle and verification of the equipment

The Customer declares to have inspected the vehicle before taking custody thereof, acknowledging its suitability for the agreed use, as well as the presence and compliance of the safety equipment, the circulation documents and the insurance documents, except for any discrepancies expressly reported and noted before the start of the rental.

5.3 – Obligation to report anomalies, defects or damage

The Customer is required to promptly report to the Lessor, and in any case before using the vehicle, any anomalies, defects, deficiencies or damage found, where they are not indicated in the rental Contract or are described incompletely, inaccurately or with a level of severity different from the actual one. In the absence of a prompt report, the vehicle will be deemed delivered in good working order and in compliance with what is indicated in the Contract.

5.4 – Damage detected upon return and relevant charges

Any damage, defects, deficiencies or anomalies detected by the Lessor at the time of return of the vehicle, not already noted in the Contract at the time of delivery, will be reported in the return sheet and charged to the Customer, who will be required to bear the relevant restoration costs, as well as the administrative, technical, appraisal, management, technical downtime expenses and any further related charge.

5.5 – Joint verification upon return and subsequent detection of damage

At the time of return, the Customer is required to verify jointly with the Lessor the condition of the vehicle, ascertaining and signing off any discrepancies with respect to what is indicated in the rental Contract at delivery. In the absence of such joint verification, including due to the absence, refusal or impossibility of the Customer, the Customer expressly authorizes the Lessor to charge any damage, deficiencies or discrepancies detected even after the return, provided they are attributable to the rental period and documented by the Lessor.

5.6 – Place and time of return of the vehicle

The vehicle must be returned during the opening hours of the agency where it was picked up, unless otherwise requested by the Customer and previously accepted by the Lessor for the return at another agency or by different means.

5.7 – Return outside opening hours and conclusion of the rental

In the event of a return outside opening hours, the rental will be deemed concluded at the reopening time of the agency, provided that the vehicle has actually been taken over by it. This criterion applies both for the purposes of calculating the consideration and for the purposes of the liability connected with the possession, custody and use of the vehicle, by way of example and not exhaustively, for damage, theft, fire, failure to refuel, penalties, removals, acts of vandalism, theft of accessories or documents and any further prejudicial event.

5.8 – Burden of proof in the event of return outside opening hours

In the event of a return outside opening hours, the burden lies with the Customer to demonstrate that the vehicle was returned in the same factual and legal condition in which it was at the time of delivery, as well as at the place and by the means previously authorized by the Lessor. Failing this, the Customer will be required to compensate for any damage, cost, expense or prejudice arising from any discrepancies with respect to what was originally ascertained.

5.9 – Contract closure notice in the event of a return outside opening hours

In the event of a return of the vehicle outside opening hours, the rental location will transmit to the Customer, by e-mail, the closure summary of the rental Contract, containing the indication of the condition of the vehicle, the fuel level, the mileage, the presence of accessories, equipment, keys and documents detected at the time of taking over. Any damage, deficiencies, discrepancies or amounts due will be charged to the Customer. Should the amount due exceed the availability of the credit card provided, the Customer will be required to indicate a different valid payment method for the balance, without prejudice to the Lessor’s right to act for the recovery of any sum due.

5.10 – Request for early return by the Lessor

Should the Lessor, for organizational, administrative, operational or commercial needs, request the early return of the vehicle with respect to the contractual expiry, the Customer is required to return it at the originating branch or at the nearest location indicated by the Lessor within 48 hours of the request. In the event of failure, the Customer’s obligation to compensate for any damage, costs, expenses or prejudices arising from the delay remains. The Lessor, upon request and compatibly with fleet availability, will make available a replacement vehicle until the original expiry of the Contract, except for objective impediments or contractual breaches attributable to the Customer.

5.11 – Obligation to return the vehicle in full and absence of refund for early return

The Customer undertakes to return the vehicle, complete with accessories, equipment, keys and documents, free from personal belongings, at the place, date and time agreed at the time of signing or subsequently authorized in writing by the Lessor. In the event of an early return with respect to what was agreed, no refund, reduction, offsetting or indemnity is provided for the unused rental period.

5.12 – Charges for unilateral changes to the return conditionsIn the event of unilateral changes with respect to the conditions originally agreed, not previously authorized by the Lessor, the Lessor reserves the right to charge the Customer the following charges:

• a) costs for extending the rental beyond the provided duration;
• b) costs for the transfer, recovery or repositioning of the vehicle at the initially agreed location;
• c) expenses for the administrative management of the file;
• d) any further costs, penalties, damage or prejudices arising from the unauthorized modification of the return conditions.

5.13 – Delay in return, tolerance and forfeiture of discounted tariffs

The vehicle must be returned at the branch indicated in the Contract, on the day and at the time established, with a maximum tolerance of 59 minutes. Once this period has elapsed, an additional rental day will be charged for each day or fraction of a day of delay until return, without prejudice to compensation for any further damage, costs or prejudices suffered by the Lessor, except for the prior written authorization of the Lessor to continue the rental. For tariffs subject to specific time limits, such as, by way of example, weekend, promotions or special offers, exceeding the tolerance entails the forfeiture of the discounted conditions and the application of the standard daily tariff in force at the time of the charge.

5.14 – Modification of the return terms

Should the Customer intend to modify the return terms, with reference to place, date or time, they are required to contact the rental location in advance to verify its feasibility, any need for written authorization and any additional costs. The modification will be deemed effective only if expressly accepted by the Lessor.

5.15 – Penalties and expenses upon return of the vehicle

Upon return of the vehicle, the Customer may be required to pay compensatory penalties, in addition to administrative expenses, in the following cases:

• a) failure to return the keys, their loss or return in conditions of damage, alteration, tampering or malfunction;
• b) loss, theft or deterioration of the licence plate, circulation documents, insurance documents, accessories or equipment of the vehicle, regardless of the cause;
• c) return of the vehicle in conditions of evident dirtiness, inside or outside, beyond normal use, with the consequent charging of cleaning costs and, if necessary, sanitization;
• d) return of the vehicle with persistent odours, residues, stains, animal hair, sand, liquids, waste or conditions such as to require extraordinary cleaning, sanitation or restoration interventions.

5.16 – Liability of the Customer for authorized drivers

The Customer who signs the rental Contract is fully liable for any behaviour, action, omission, violation or breach attributable to the driver or to the further authorized drivers indicated in the Contract, remaining jointly and severally obliged with them for any amount owed to the Lessor.

5.17 – Declaration of absence of accidents upon return

In the absence of accidents, in order to allow the Lessor to protect its rights against possible disputes or unfounded claims, the Customer is required to expressly declare in writing, at the time of return of the vehicle, that they have neither suffered nor caused any damaging event, accident, collision, act of vandalism, theft, attempted theft, fire, anomaly or other relevant event during the rental period.

Art. 6 – Express termination clause

The violation, even partial, of the provisions set out in articles 3 and 5 of this Contract grants the Lessor the right to terminate it by operation of law pursuant to art. 1456 of the Italian Civil Code, by simple written communication to the Customer, without prejudice, in any case, to the right to compensation for any further damage suffered.

The termination of the Contract will entail the Customer’s obligation to immediately return the vehicle to the Lessor, at the place and by the means indicated by the latter, with any cost, expense, charge or damage arising from the breach or from the delay in the return remaining payable by the Customer.

The Lessor’s right to proceed with the recovery of the vehicle at any time and place, also through appointed parties or competent Authorities, also remains, with the charging to the Customer of the relevant costs, without prejudice to the right to compensation for any greater damage.

Art. 7 – Miscellaneous provisions

7.1 – Applicable law and prevalence of the Italian version

The Rental Contract is governed by Italian law. In the event of interpretative discrepancies between the Italian-language version of the Contract, the General Conditions, the Tariff Schedule or other contractual documents and any courtesy translations, the Italian version will prevail in any case.

7.2 – Modifications to the Contract

Any modification, integration, derogation or additional agreement to the Contract must be formalized in writing and validly approved by a representative of the Lessor vested with the necessary powers. Any verbal agreements, tolerances, operating practices or communications not formally approved as provided by this article will have no effect.

7.3 – Delay in payments and default interest

In the event of payment made beyond the terms indicated by the Lessor or after the communication of the sums due, the Lessor will be entitled to default interest in the amount provided by Legislative Decree 231/2002, where applicable, without prejudice to the right to reimbursement of the credit recovery costs and to compensation for any greater damage.

7.4 – Reference to applicable law

For anything not expressly provided in the Contract, the provisions of applicable law apply, as well as, where applicable, the further conditions, notices, price lists and contractual documents referred to or made available to the Customer.

7.5 – Modifications, updates and integrations of the contractual conditions

Any modifications, updates or integrations of the General Conditions, the Rental Contract and the Tariff Schedule will be made known to the public by suitable means compliant with the law, it being understood that, unless otherwise provided by law or otherwise agreed in writing between the parties, the individual rental will be subject to the conditions in force at the time of signing the relevant Rental Contract.

7.6 – GPS localization systems and data processing

The Customer, as well as any user of the vehicle, is informed that, for reasons of security, prevention of theft and fraud, management of accidents and protection of company assets, some vehicles may be equipped with GPS localization systems or other telematic devices provided by third parties.

Such devices may detect, by way of example and within the limits permitted by applicable law:

• a) the position of the vehicle, with relevant cartographic representation, usable in the event of theft, robbery, misappropriation, failure to return the vehicle, unavailability of the Customer or need for recovery of the vehicle;
• b) data relating to speed, accelerations, decelerations, impacts, distances, mileage and driving style, in the event of accidents, anomalies or disputes;
• c) statistical information on the routes taken, on the use of the vehicle and on events relevant for the management of the contractual relationship.

The data collected is stored in internal databases or databases managed by specialized external companies, appointed as Data Processors pursuant to applicable law. The Lessor reserves the right to communicate such information to Judicial Authorities, Public Security Authorities, Insurance Companies, Law Firms, companies in charge of vehicle recovery, claims management companies and parties specialized in the prevention and management of accidents, thefts or fraud, as well as to use it, directly or indirectly, for the protection of its rights, in compliance with applicable personal data protection legislation and according to what is indicated in the privacy notice made available to the Customer.

7.7 – Unavailability of the Customer, breach and report to the Authorities

In the event of unavailability of the Customer, contractual breach, insolvency, failure to return the vehicle, unauthorized use or unjustified delay in the return, the Lessor reserves the right to file a report or complaint with the competent Authorities for misappropriation or for any other possibly applicable offence, with the charging to the Customer of all costs, expenses, charges and damage arising, including, by way of example, the costs of recovery of the vehicle, legal assistance, administrative management, technical downtime and unavailability of the vehicle.

Art. 8 – Competent court

For any dispute relating to the validity, interpretation, performance or termination of the Contract, the Court of Milan has exclusive jurisdiction.

Should the Contract be entered into by a consumer, territorial jurisdiction will be that of the court of the place of residence or domicile of the consumer, by way of derogation from the foregoing.

Art. 9 – Processing of personal data

The processing of personal data takes place in compliance with Legislative Decree 196/2003, as amended, and with Regulation (EU) 2016/679 (GDPR).

The processing is based on the principles of fairness, lawfulness, transparency and protection of the confidentiality and rights of the data subject. The Data Controller is ITA RENT S.r.l., with registered office at Piazza Maestri del Lavoro 7 – 20063 Cernusco sul Naviglio (MI), VAT No. 12594610961.

Pursuant to art. 13 of the GDPR, the following information is provided:

1) Type of data processed
The personal data collected includes: identifying data (name, surname, residence, domicile, date of birth, contacts, billing address, online identifiers), identity documents (identity card, passport, driving licence), banking data and localization data (GPS, GSM and similar systems).

2) Purposes and legal basis of the processing
The data is processed for:

• the conclusion and performance of the rental contract and the connected services;
• the management of complaints and disputes;
• compliance with the standards of the payment systems.
  These purposes are defined as “contractual purposes”.

Subject to consent, the data may also be processed for marketing activities, sending of promotional communications and market analysis (“marketing purposes”).

The provision of the data for contractual purposes is necessary for the conclusion of the contract; the failure to provide it prevents the provision of the service. The consent for marketing purposes is optional and revocable at any time.

3) Methods of processing
The processing takes place by means of manual and computerized tools, adopting technical, organizational and physical measures suitable to guarantee the security, integrity and confidentiality of the data.

4) Recipients of the data
The data may be communicated, within the limits of the purposes indicated, to:

• banking and financial institutions;
• parties authorized by the controller;
• service providers (technical, administrative, legal, insurance, IT);
• formally appointed data processors.

5) Transfer of the data

The personal data is not transferred to non-EU Countries or to international organizations.

6) Retention period

for contractual purposes: for the entire duration of the relationship and up to 10 years after its termination, except for further needs related to disputes or legal obligations;

for marketing purposes: for the duration of the contract and up to 5 years after termination.

7) Rights of the data subject
The data subject may at any time exercise the rights provided by law, including:

• access to the data;
• rectification or erasure;
• restriction of or objection to the processing;
• data portability;
• withdrawal of consent (without prejudice to the lawfulness of the previous processing);
• lodging a complaint with the Data Protection Authority.