General rental conditions
- DEFINITIONS
Lessor: the company, called Target Rent Italy S.r.l., with registered office in (94015) Piazza Armerina (EN), Via Filippo Guccio n. 11, P.I. 03926470240 which rents the vehicles.
Customer: the contractor, whether a natural or legal person, whose exact data are better described and indicated on the frontispiece of this Rental Agreement which, duly signed, constitutes an integral and substantial part thereof; the person to whom the Lessor will address the tax document.
Party or Parties: impersonally, separately, or jointly with the Lessor and Customer.
Contract: jointly, these General Contract Conditions and the Rental Agreement, duly completed and signed.
Rental: the service that the Lessor, in exchange for payment and under the additional conditions better described in the Contract, undertakes to perform in favor of the Customer.
Vehicle: the Vehicle for the transportation of people and/or things, better described and identified in the Rental Contract which is the object of the Rental service.
Driver and/or other drivers: the subjects who may use the Vehicle which is the object of the Rental Contract, even if different from the Customer, provided that they are in possession of a suitable and valid driving license and identified at the time of delivery of the Vehicle by means of the Rental Contract. The Vehicle may not be driven by subjects not expressly declared to the Lessor.
Insurance coverage: the Vehicle rented is insured only for Third Party Liability (RCA) towards third parties, as required by the reference legislation in the country where the Vehicle is registered, with a single maximum limit higher than the legal limits. The insurance policy does not cover damage suffered by the driver. The policy conditions are available at all the Lessor’s rental stations. Any additional optional insurance coverage must be expressly agreed between the Parties and included, under penalty of ineffectiveness, on the front page of the Rental Agreement.
Price list: detailed description of the costs and of any additional services, including insurance, relating to the Rental of the Vehicle, displayed at the Lessor’s offices which the Customer/Party/Driver has read and accepted. Prices, costs and amounts must all be understood as excluding VAT.
Technical stoppage: the days of non-use of the Vehicle due to the time required for repairs of damage caused to the Vehicle and the time required to obtain spare parts, determined as per the price list of extras, reported below and in any case present on the Lessor’s website.
Car accident management: the flat-rate amount of the fee owed by the Customer to the Lessor for the management of the claim.
Damage management: the flat rate amount of the fee owed by the Customer to the Lessor for the administrative management of damages suffered by the Vehicle. - SUBJECT OF THE CONTRACT
2.1. By signing this Contract, the Lessor undertakes to rent to the Customer the Vehicle that is the subject of this contract under the conditions set out above and below.2.2. The Lessor follows the preparatory activities necessary to allow the Customer to fully and efficiently use the Vehicle that is the subject of the Rental. The preparatory activities consist of checking the functionality of the Vehicle that is the subject of the Contract. In any case, the Lessor undertakes to deliver the Vehicle refueled, with safety equipment (for example and not limited to, reflective jacket, warning triangle, spare tire or repair kit, etc.), as well as the regularity of the compulsory RCA insurance coverage, for which the Lessor undertakes to deliver the relevant certificate, a copy of the insurance sticker and the green card, together with a copy of the vehicle registration document.
- DELIVERY AND COLLECTION OF THE VEHICLE – GEO-LOCALIZATION – ENGINE LOCK DEVICES
3.1. The contractual relationship begins on the day and time of delivery of the Vehicle to the Customer and ends on the day and time of return of the Vehicle to the Lessor.3.2. The Customer declares that, before taking custody of the Vehicle subject to the Rental Agreement, he has carefully examined it, acknowledging that it is in perfect condition of use and maintenance, that the instrumentation as well as the mechanical and electronic systems are efficient, that the hat rack is inside the vehicle, that the lock is in perfect working order, that the Vehicle is complete with safety equipment and circulation and insurance documents. The Customer is obliged to promptly report, by filling in the non-conforming damage form, and in any case before using the Vehicle, any anomalies, damage and defects found on the Vehicle to the Lessor, having a written note made on the original of the contract in the box called Non-conforming Damage. It is underlined that the only valid means of certifying the condition of the vehicle at the time of collection by the customer will be what is noted in the Damage Report box on the “check-out” form signed by the customer. Consequently, any photos and/or video footage presented by the customer (with the exception of those included in the contract) cannot be considered valid during the “check-in” phase as they can easily be altered with metadata editing tools and/or other IT tools. As a consequence, all damages and/or defects and/or anomalies that the Lessor will find upon return of the Vehicle, excluding those noted on the Rental Agreement at the time of delivery of the same, will be charged to the Customer who will be obliged to reimburse the costs of restoration. Damages, defects and anomalies, not reported upon delivery of the Vehicle and found upon return of the same, will be noted in the box called “Check-in”. At the end of the contract and, in particular, upon return of the Vehicle, the Customer is
obliged to wait for Target Rent Italy staff to carry out a check of the conditions of use and maintenance of the Vehicle which may last up to 60 minutes. In the event that upon return of the Vehicle, disputes should arise between the parties regarding the presence of defects, damages and anomalies, only and exclusively those noted in the box called “Check out” will not be charged to the Customer. The costs for repairing defects, anomalies and damages found at the time of returning the Vehicle will be communicated to the Customer within a non-peremptory term of 30 days from the return of the Vehicle via the email address indicated by the Customer at the time of delivery of the Vehicle. The Customer is required to correctly communicate his/her personal contact details and identification data. For the payment of repair costs, please refer to the following article 5 of this Rental Agreement.
3.3. The Vehicle may be driven by the Customer or, if expressly indicated on the front of this Rental Agreement, by the second Driver, provided that both are at least 19 years of age, based on the engine size of the Vehicle and provided that they are in possession of a valid driving license issued for at least 12 months that authorizes them to drive the Vehicle being rented. A surcharge will be applied up to the age of 25 and/or from the age of 75. Driving licenses printed in characters other than the Latin alphabet (Arabic, Chinese, Japanese, Cyrillic, etc.), as well as non-EU licenses without an international treaty with Italy, must be accompanied by an international driving license. Furthermore, it is specified that Target Rent Italy reserves the right not to provide the Vehicle, in the event that it deems the documents presented by the Customer to be insufficient and/or untrue and/or altered. The driving license must be presented in original paper form; digital driving licenses are not accepted. The Vehicle may not be driven by other people, unless previously authorized in writing by Target Rent Italy. The Customer, under penalty of full liability, must take delivery of the asset and observe the diligence of a good father of the family in using it (pursuant to art. 1587 and art. 1176 of the Civil Code) and in any case it may not be used for:
a) the illegal transport of goods (contraband, narcotics, dangerous goods, etc.);
b) the transport of passengers against compensation expressly or tacitly agreed, for illicit purposes,
c) for speed competitions, route tests or races of any kind;
d) travel abroad except in cases previously authorized by Target Rent Italy
e) purposes of sub-hire and/or careless entrustment to third parties for any reason whatsoever;
f) driving under the influence of alcohol and/or drugs, in a state of unconsciousness, in altered psychophysical conditions and/or in violation of the Highway Code.3.4. The Vehicle is delivered to the Customer as per Check Out and must be returned in the same conditions in which it was delivered (except for normal wear and tear), at the Target Rent Italy offices, in the reserved spaces, on the day and at the time indicated in this Contract. If Target Rent Italy requests the return of the Vehicle, before the expiry of the contract, for its own administrative/commercial needs, the driver is obliged to return the vehicle to the exit branch or to the Target Rent Italy office closest to him, within and no later than 72 hours of the request, without prejudice to compensation for damages caused by failure to return within the expected times. With reference to the normal return of the Vehicle, it is specified that this must take place on the day and at the time indicated in this Contract. The return must take place on the days and during the hours in which the Target Rent Italy rental station is open to the public. The Customer is required, upon return, to request the signature of a Target Rent Italy employee on the Check-in in which the actual state of the Vehicle and the fuel level are reported, which must be equal to that with which the Vehicle was delivered. In the absence of the aforementioned signature and therefore also in cases where the return takes place during the hours when the rental station is closed to the public, the determinations documented by Target Rent Italy will be valid and tacitly accepted. If damage is found on the Vehicle upon return, Target Rent Italy will inform the Customer by sending photos by email and will simultaneously charge the Customer’s credit card with the compensation penalties according to the damage table specified in this Rental Agreement and, therefore, the estimate of the damage, management of the accident, technical stoppage, damage management, depreciation of the Vehicle. If the deposit amount authorized for delivery of the Vehicle is insufficient to cover the costs of repairs and penalties, Target Rent Italy is authorized to request the higher amount from the Customer through the same credit card.
3.5. The Vehicle must be returned to the rental station of departure and indicated on the contract when the contractual relationship began and on the date and hour scheduled in the reservation. If the Customer wishes to change the terms of the return (place, date, time) he must obtain the prior written consent of Target Rent Italy by making a request to the latter at least 24 hours before the date established for the return. In the absence of authorization, once the 59 minutes of tolerance for the return with respect to the scheduled date and time have passed, the extra days will be billed at the highest daily Walk-in rate, and furthermore in the event of the Vehicle being returned to a rental center, in Italian territory, other than the one scheduled in the reservation and not authorized by Target Rent Italy, a compensation penalty will be applied, without prejudice to the contractual conditions established in point 7 of this rental agreement.
3.6. If at the time of returning the Vehicle the keys are not returned, due to loss or for any other reason or are returned damaged and/or tampered with, the Customer is required to pay a compensation penalty as indicated in point 6.8; unless he proves that the damage was caused by a cause not attributable to him as provided for by art. 1588 of the Italian Civil Code. The same compensation penalty will also be applied in the event of loss and/or deterioration of the license plate, circulation documents and equipment of the Vehicle itself.
3.7. The Customer acknowledges that the Vehicle could be equipped with geo-localization systems, detection devices to locate it, or engine start blocking devices in consideration of the fact that the Lessor has a legitimate interest in pursuing the protection of its corporate assets and safety in road traffic. Therefore, the Customer expressly accepts, by signing this Rental Agreement, that the Vehicle is equipped with geo-localization systems and also acknowledges that the installation of such devices represents a constitutive and essential element for the execution of the Agreement and authorizes, without any reservation, the Lessor to carry out monitoring activities on the
Vehicle to guarantee its safety, to assess the insurance risk, to protect the property, as well as to trace it and, therefore, be able to recover it.3.8. In the event that the Customer has rented a vehicle with a diesel engine equipped with an SCR system and tops up with the additive “adBlue” or urea during the rental, it is agreed that the cost of this additive will be refunded during Check-in only upon presentation of the invoice in the name of Targetrent and only if the vehicle has travelled less than 1,000 km during the rental. It is also agreed that the refund cannot be made every time the Customer returns the car to the Key-box, or while the rental office is closed.
3.9. Target Rent Italy does not provide refunds for unused rental days in the event of early return of the vehicle compared to the agreed time - SERVICE/RENTAL PAYMENT GUARANTEE
4.1. The Customer and/or the Driver and/or the invoice holder must provide Target Rent Italy with valid forms of guarantees for the payment of the services as well as for any additional costs. The Customer and/or the driver and/or the invoice holder may provide said guarantees only through a financial Credit Card (no debit, no virtual, prepaid) which must exclusively belong to the Visa and Mastercard circuits. The credit card must have the numbers embossed and the name and surname printed on it. The Customer and/or the Driver and/or the invoice holder, by signing this Rental Agreement, authorizes Target Rent Italy to block the amount agreed upon at the time of delivery of the Vehicle and indicated in the “credit card guarantee” box on the credit card indicated in the Rental Agreement.4.2. The Customer and/or the Driver and/or the invoice holder also authorizes Target Rent Italy to block on the credit card indicated in the Rental Agreement all amounts relating to fines and transfer fees, paid parking, motorway tolls, failure to return accessories, odors resulting from cigar or cigarette smoke, fuel supplies, insurance deductibles for damage or theft, mechanical, upholstery and bodywork damage caused to the Vehicle during the rental detected after the Vehicle has been returned, cleaning.
4.3. The Customer and/or the Driver and/or the invoice holder will not be able to object in the event of the agreed amount being debited from the credit card.
4.4. Target Rent Italy Srl reserves the right not to accept credit cards whose expiry dates are less than 30 (thirty) days from the closing of the rental agreement.
4.5. In the event that the Customer has booked a vehicle through a broker or the website www.targetrent.it, the name on the credit card must always correspond to the name of the voucher holder.
- LESSOR’S OBLIGATIONS
5.1. The Lessor undertakes to deliver the Vehicle in perfect condition and suitable for the agreed use, recognized as such by the Customer through the signing of this Contract, complete with the equipment referred to in the previous art. 2.2.5.2. The Lessor undertakes to reimburse the Customer only for the costs and expenses incurred during the Rental for Vehicle breakdowns provided that these are expressly authorized in writing, as well as necessarily documented by a suitable tax document in the name of the Lessor. The Lessor will not be obliged to reimburse costs and/or expenses incurred by the Customer if they have not been previously authorized in writing.
5.3. The Lessor undertakes to guarantee the Customer the replacement of the Vehicle circulating on the national territory in the event of mechanical failures and/or road accidents during the contractual relationship. The replacement Vehicle will be made available to the Customer only and exclusively at the Lessor’s branches. If the breakdown and/or damage that caused the loss of use period of the Vehicle is attributable to negligence and/or inexperience of the Customer/Driver, Target Rent Italy may immediately terminate the contractual relationship for just cause. In the event of theft of the vehicle, any conditions for resetting the deductible purchased cannot be applied to the replacement vehicle which will therefore have a theft excess uncovered at the customer’s expense and a new security deposit on customer’s credit card.
5.4. Vehicles cannot be driven outside the Italian border; therefore, insurance coverage and roadside assistance are valid only in the Italian territory. In the event of an accident or theft of the Vehicle, occurring outside the Italian border, the services of reduction/elimination of deductible and roadside assistance will not be applied and, consequently, the Customer will be considered entirely responsible for accidents, damages, theft, loss of use period and any recovery costs. The Customer who intends to travel abroad must therefore necessarily purchase the Cross Border, valid only for the authorized countries (i.e., GERMANY, SAN MARINO, FRANCE, SPAIN, SWITZERLAND, AUSTRIA, CROATIA, SLOVENIA, LUXEMBOURG, BELGIUM, LIECHTENSTEIN, NETHERLANDS), which will allow him to drive the Vehicle outside the Italian borders, leaving however the Customer to pay for any costs of damage, theft, technical downtime and any recovery costs. At his choice, the Customer may purchase the “Abroad Road Assistance” package with which the Customer extends roadside assistance abroad (exclusively in authorized countries). Anyone who does not have the “Abroad Road Assistance” supplement must repatriate the Vehicle at his own expense even in the event of a breakdown of the Vehicle, even independently of any negligence on his part. The coverage of these packages excludes serious fault on the part of the Customer (for example: incorrect fuel or proven negligence). If Targetrent has evidence that the vehicle has been driven abroad without prior uthorization from Targetrent and without the purchase and inclusion in the contract of the “Cross Border” accessory, Targetrent reserves the right to charge the customer a contractual “Cross Border Penalty” of €200.00 + VAT.
5.5. The Lessor guarantees only the mandatory R.C.A. insurance coverage of the Vehicle for damage caused to people, including passengers, including family members, animals and things, equal to the single maximum within the limits imposed by the law and regulations in force, in the country in which the car is registered for a single event, the validity of which is tied to the essential condition that the Vehicle is driven, at the time of the accident, by one of the people indicated in the Contract. The Vehicle is not covered by PAI insurance policies (driver accidents).
5.6. The Lessor is not responsible for goods and/or things found inside the Vehicle at the time of return.
5.7. In stations located outside the airport, the Lessor provides the shuttle service free
of charge. The return shuttle service is provided free of charge only in the presence of an active rental agreement; in absence of the contract, the shuttle service will not be guaranteed.5.8. The lessor, where it has rented a 9-seater Vehicle to the Customer, undertakes to guarantee the replacement of such Vehicle, only and exclusively at the Lessor’s branches, in the event of mechanical breakdowns not attributable to the customer and/or for a road accident occurring during the contractual relationship, with a similar Vehicle, provided that such type of Vehicle is actually available at the Lessor’s branches. In the event that such type of Vehicle is not available, the Lessor undertakes to offer the Customer, as an alternative, two Vehicles at the same price as the one rented. In the event that the Customer refuses the alternative solution proposed by the Lessor, he/she will not be entitled to any compensation, but only to a refund of the rental not used.
- CUSTOMER OBLIGATIONS AND RESPONSIBILITIES ROAD ACCIDENTS DAMAGE COMPENSATION AND FIRE
6.1. The Customer undertakes to:
a) check the conditions of use and maintenance of the Vehicle at the time of taking custody of the same;
b) check the presence on the Vehicle of the safety equipment and the Vehicle circulation and insurance documents;
c) look after the Vehicle with the utmost care and diligence of a good father of the family;
d) not smoke and consume food inside the Vehicle, under penalty of the application of the charges referred to in point 7.5 below;
e) not transport pets on the Vehicle without specific written authorization from the Lessor and in any case in compliance with art. 169 of the Highway Code, under penalty of the application of the charges referred to in point 7.5 below;
f) not to transport goods and/or things on the Vehicle if the Vehicle is not specifically intended for such use;
g) to drive the Vehicle in full compliance with all laws governing road traffic;
h) to return the Vehicle to the Lessor with a full tank of fuel or with the same quantity indicated at the start of the rental agreement;
i) to take care of the ordinary maintenance of the Vehicle during the rental with the diligence of a good father of the family by carrying out periodic checks of the engine coolant, the engine lubricating fluid, the pressure and wear of the tyres, the braking system and the lighting; but to intervene on the vehicle where necessary, only after prior written authorization from Target Rent;
j) to pay any fine and/or violation of the Highway Code contested to the Customer during the rental period and to notify the Lessor upon return of the Vehicle. If the violation is registered to the Lessor and is attributable to the rental period in question, the driver himself will be responsible for it;
k) the payment of motorway tolls (as well as, by way of example and not limited to, public and private parking included, fuel costs, etc.) during the rental period. If these costs are requested from the Lessor and these are attributable to the rental period, they will not be managed with an increase in costs charged to the Customer as a compensation penalty;
l) not to drive or in any case use the Vehicle outside the national territory unless prior and express written authorization is granted by the Lessor;
m) if the Lessor grants authorization to travel to one of the following foreign countries (Austria, Belgium, Croatia, France, Germany, Liechtenstein, Luxembourg, Netherlands, San Marino, Slovenia, Spain, Switzerland and neighboring islands) not to drive or in any way use the Vehicle outside the national territory in countries where the Green Card for Third Party Liability is not valid. Should this happen, the Customer undertakes to compensate for any direct and/or indirect damage resulting from road traffic;
n) provide all useful information, including confidential information, for any communication relating to the Rental Agreement;
o) not to transport goods and/or people and/or things on the Vehicle in exchange for payment and/or remuneration;
p) not to rent the Vehicle to third parties unless expressly authorized by the Lessor;
q) not to push or tow other cars or objects with the Vehicle;
r) not to allow the Vehicle subject to the Contract to be driven by a person without a valid driving license and for the country in which it is being driven;
s) to drive or have driven the Vehicle subject to the Contract under the influence of drugs, narcotics, alcohol or psychotropic substances; if the Vehicle is driven by persons who do not possess the prescribed psychophysical requirements, it will be the Customer’s responsibility to demonstrate that the Vehicle was driven against his will;
t) not to use the Vehicle subject to the rental contract for races, competitions or speed tests and in any case for a purpose contrary to the law and the regulations governing road traffic in the country in which it is being driven.
u) in the airport station, for security reasons, to show his boarding pass for the returning flight, corresponding to the booked check-in date and time.6.2. The Customer declares to be responsible for direct and/or indirect damages, present and future, caused to the Lessor and/or to third parties due to its failure to fulfill all the obligations assumed in the previous point 6.1;
6.3. In any case, the Customer undertakes to compensate the Lessor for damages resulting from:
a) technical downtime of the Vehicle to carry out repairs resulting from negligence and/or responsibility of the Customer;
b) costs incurred by the Lessor for the recovery of the Vehicle by means of a tow truck and/or for its repatriation from a foreign country;
c) for damages to third parties and passengers of an amount greater than that provided for by law;
d) for damages affecting the driver;
e) for damages affecting objects and luggage transported in the Vehicle;
f) for damages caused in any way to: electro-mechanical parts, keys, roof, interior, underbody, chassis, wheels of the Vehicle, windows, locks, tarpaulin or camber and collisions without counterparties, vandalism, atmospheric events.
The Customer is also obliged, as a partial reimbursement for downtime of the vehicle, to an indemnity determined as per the price list of extras, reported below and in any case present on the Lessor’s website.
6.4. In the event of a breakdown of the Vehicle, the driver is obliged to contact the assistance service indicated by the Lessor and to inform immediately the latter of the breakdown.6.5. The Customer is also obliged, in the event of a road accident resulting from his total or partial responsibility, or in the event of an accident without counterparties, to compensate the Lessor for any damage occurred to the Vehicle which is the object of the rental contract. The Vehicle is insured for civil liability towards third parties and for damage to animals and things within the limits imposed by the law and regulations in force in the country in which the car is registered. In the event of a road accident, the Customer must in any case pay the Lessor a sum as a compensation penalty corresponding to the value of the Vehicle and/or the damage caused to it.
6.6. The Customer can limit the amount of the compensation penalty for damages for which he is responsible by purchasing the BDW (Basic Collision Damage Waiver) service, which covers only the bodywork and excludes tires, glass, sills, underbody and roof. In this case the amount of the deductible and the deposit are limited (but not eliminated). Furthermore, to eliminate the amount of the compensation penalty for damages for which the Customer is responsible, the SCDW (Super Collision Damage Waiver) coverage package is available, which covers bodywork, glass, wheels, roof and sills.
These coverages refer exclusively to bodywork damage. Any other damage caused to the vehicle, which is not covered by the BDW and SCDW coverages, will be entirely borne by the Customer. In addition, the Customer has the option of purchasing the UNP (Uncovered Package) package which includes Roadside Assistance, in addition to Wheels, Glass, Roof, Underbody; in addition, the Customer, exclusively at authorized stations, has the right to purchase the TP (Theft Protection) package which eliminates the theft deductible; finally, if the Customer wishes to cover damage and theft events, he can purchase, exclusively at authorized stations, the SLD (Super Loss) which simultaneously covers damages and the Theft Event (SCDW + TP), the latter not applicable for all car models and not at all stations in Italy. The Lessor reserves the right not to apply the purchased insurance coverage, if serious negligence has been verified by the Customer / Party / Driver during the rental. More precisely, despite the purchased insurance coverage, the Customer will be financially responsible for the entire damage, according to the terms established by law (art. 1588 C.C.) if the damage has been caused by:
a) malicious actions of the Driver;
b) explosion or fire inside or towards the Vehicle, caused by the transport of dangerous goods;
c) total or partial theft of the Vehicle or acts of vandalism while the Vehicle has been left unattended;
d) negligence (intended as behavior that falls below the standards of a person of average caution in similar circumstances) or that of its passengers (for example, in the case of failure to assess the height of the Vehicle);
e) negligence in the event that the keys are damaged, lost or stolen or in any case in the event of failure to return them;
f) violation of the rules of conduct of the current Highway Code;
g) Improper use of the Vehicle.
In the event of an accident without a counterparty, the responsibility for the damage caused remains the exclusive responsibility of the Customer jointly with the Driver if the latter is a person other than the Customer. The Customer will in any case be responsible for damage caused to the Vehicle due to improper use resulting from wear and tear disproportionate to the kilometers traveled during the rental or for any other use in violation of laws or regulations. In the event of an accident caused by the Customer and, therefore, without proven and documented liability of third parties, the Customer will be charged, even in the event of purchase of any insurance coverage, a compensation penalty of € 250.00 for the administrative management of the accident, in addition to the damage reported by the vehicle in its entirety and the costs relating to the loss of use period. In the event of a passive accident, even in the event of purchase of any insurance coverage, the Customer will be charged the amount of € 250.00. In the event of an undeclared accident, whether active or passive, even in the event of purchase of any insurance coverage, the Customer will be charged the amount of € 250.00. In the event of an active accident, nothing will be charged to the Customer for management costs. In the event of an accident, the management costs and costs of damages will be charged to the Customer, until the closure of the case. The Customer will be reimbursed if the accident is declared active.6.7. In the event of damage caused to the Vehicle, the Customer is required to pay the Lessor, in addition to the compensation penalty, also the cost of producing the technical estimate of the damage. This sum is equal to € 61.00 plus VAT, in addition to the damage found upon return and technical stoppage. In the event of an accident, the Customer undertakes to safeguard the interests of the Lessor and its insurance company, undertaking among other things to:
a) provide the date, time and place of occurrence, the exact dynamics of the accident, the names and addresses of the parties and the license plates of the vehicles involved in the accident, as well as the personal details of any witnesses;
b) immediately notify the Lessor of the accident by SMS or e-mail, even in the event of minor damage, by sending a detailed report accompanied by an explanatory graph. The Customer is obliged to report the accident to the Lessor by unilateral report, or by means of a friendly accident report form (CAI) signed by the drivers involved in the accident, within 48 HOURS of the accident occurring. Failure to comply with this obligation by the Customer will render the additional services of BDW, SCDW, FKN, SLD subscribed by the latter ineffective;
c) immediately inform the police authorities in case of need for investigations against third parties and in all accidents in which there are injuries. The Lessor does not guarantee in any case the replacement of the cargo vans and strictly prohibits their export unless expressly authorized by the rental station.6.8. The Customer acknowledges that the rental will end on the date and time of receipt of the Vehicle and the related keys by the Lessor, and that failure to return such keys at the end of the rental will result in a compensation penalty corresponding to the costs of the new key and the technical stoppage. It is also understood that if the return of the Vehicle and its keys have been authorized by the Lessor during the closing hours of the rental station, the rental will end on the date/time of reopening of the rental station itself; more specifically, the Customer, by agreeing to return the vehicle during the closing hours of the rental station, necessarily accepts any charges for contesting new damages that may be found and charged upon reopening of the rental station and, therefore, in his absence.
6.9. The Customer is obliged to use the antifreeze additive, where necessary and required by the weather conditions. The Customer must compensate the Lessor for damages related to any freezing of the fuel, as well as reimburse it for all expenses incurred for the recovery of the Vehicle, including any cost of technical downtime even if he has subscribed to the accessory guarantees. Furthermore, the Customer undertakes to use the snow chains supplied with the Vehicle, where required by law.
6.10. In the event of the introduction of fuel that is not suitable for the Vehicle’s engine, the Customer will be held responsible for all damages incurred and expenses incurred for the possible recovery of the Vehicle, including any costs of technical downtime, therefore, he/she will be required to pay them even if he/she has subscribed to the additional guarantees.
6.11. In the event of damage caused to the electronic, mechanical, interior, chassis, locks, tarpaulin or camber parts, the Customer will be obliged to reimburse the Lessor for all administrative costs, expenses incurred for the restoration of the Vehicle including any costs of technical downtime, regardless of the limit charged as a compensation penalty or the subscription to the additional guarantees.
6.12. In the event of an accident with another Vehicle, or independent damage, the Customer is obliged to provide a detailed declaration regarding the events that led to the damage to the Vehicle. In the absence of such a declaration regarding the events, and/or partial declaration and/or incomplete completion of the CAI form and/or regular report filed with the competent authorities (for damage resulting from total/partial theft, total/partial fire, vandalism, damage to locks), the Customer remains responsible for the full value of all damage caused to the Vehicle, the cost of administrative expenses, in addition to the technical stoppage, or a sum determined according to the official rates in force present in the Rental Agreement, equal to the amount due if the rental had continued for a period equal to the time necessary to carry out the repairs and find the spare parts. In this case, the payment for the rental service is due up to the date of delivery of the copy-declaration, in the conventional amount agreed and reported in the Contract, thus regardless of the limit charged as a compensation penalty or the subscription of the additional guarantees.
6.13. The Customer is in any case responsible for any damage caused to the locks even if he has subscribed to the additional guarantees.
6.14. The Customer is responsible for any damage caused by vegetation, even if he has subscribed to one of the additional guarantees. Such damage is similar to the negligence of the Customer in driving the vehicle on country roads or in places where vegetation can cause scratches or damage to the Vehicle. The Customer must compensate the Lessor for all damage caused.
6.15. The Customer is responsible for any damage attributable to vandalism even if he has subscribed to the additional guarantees.
6.16. The technical stoppage will be charged for a maximum duration of 15 (fifteen) days of rental.
6.17. In the case of rentals with a specific monthly rate, the conditions of this contract vary only with respect to the penalty for damage to the bodywork, reduced to €500.00, and the penalty for theft of the vehicle, which will be equivalent to 25% of the value of the vehicle. Furthermore, in the event of an accident, in the absence of CID, a penalty of €500.00 will be applied and €150.00 in the presence of CID
- RETURN OF THE VEHICLE – COMPENSATORY PENALTIES FOR LATE DELIVERY
7.1. The Customer undertakes to return the Vehicle at the place, date and time indicated in this Rental Agreement or, in any case, as soon as the Lessor requests it, with the same accessories and in the same condition in which it was delivered.7.2. The Customer is required to promptly report to the Lessor any delay or impediment relating to the return of the Vehicle. A delay of 59 minutes with respect to the agreed delivery time indicated in this Agreement is tolerated without charge. After this deadline, any renewals must be reported on the Agreement by the Lessor. In the event of failure to locate the Vehicle, breach of contract or unjustified delay in returning the Vehicle, the Lessor reserves the right to block the Vehicle via the satellite protection system, to report misappropriation to the competent authorities and to regain physical possession of the Vehicle in any way, even against the will of the Customer.
7.3. If the Vehicle is not returned by the time and date established in this Contract, the Customer will still be required, except as specified in the previous point 7.2. above, to pay a daily penalty, equal to the full rental rate specified in the price list, without prejudice to greater damages.
7.4. The Customer undertakes to pay the Lessor, upon return, the agreed sums, mileage rate, time rate, any supplement in the event of return in a place other than the agreed place, VAT and any contribution to restore the fuel tank to its original level, including a minimum fixed charge of € 25.00 or according to the price list in force on the Rental Agreement, for the refueling service as well as the amount corresponding to any fine and any compensation penalties for late delivery.
7.5. The Customer undertakes to return the Vehicle clean both internally and externally. Otherwise, the Customer is obliged to pay a compensation penalty proportional to the level of cleanliness of the Vehicle itself, for an amount of € 30.00 or 70.00. The determination of the amount will be at the sole discretion of Target Rent Italy staff who, furthermore, reserves the right to charge higher amounts for the restoration of the hygienic conditions of the Vehicle, where necessary.
7.6. If upon return of the Vehicle the odometer is found to be tampered with or broken, the mileage rate will be determined on the basis of a daily average of 300 km at a unit price of €0.39. The daily rate defines a period of 24 hours or fraction thereof starting from the moment of delivery of the Vehicle to the Customer.
7.7. The Customer who uses the credit card to pay for the rental authorizes, by signing this Rental Agreement, the debiting of the above amounts to the relevant current account. The security deposit is mandatory. It must be released when completing the contract before collecting the Vehicle. In the event that upon return of the Vehicle, damage to the Vehicle is found, said deposit will be retained by the Lessor as a compensation penalty provided for by the contract, without prejudice to the right to obtain further compensation for damages and the application of the relevant penalty and technical stoppage. The damages will be quantified based on the grid which forms an integral part of this Rental Agreement and displayed at the rental desk. Otherwise, it will be offset, in whole or in part, with the sums due to the Lessor as a rental fee. Said deposit must guarantee the collection of both the rental and any compensation penalties provided for by the contract. The Lessor reserves the right to request, at the time of signing the contract, authorization on the Customer’s credit card as a guarantee of the total amount given by the Vehicle rental amount and the compensation penalties provided for by the contract. In the event that the Customer accepts the service of elimination or reduction of compensation penalties, a deposit will be requested at the time of signing the contract to guarantee the rental amount and/or other extras and/or compensation penalties. For any rental made in cash with the authorization of the Lessor, the rental amount and the deposit and/or compensation penalty provided for by the contract will be due as an advance sum.
7.8. The Customer who pays for the rental via prepaid voucher is in any case jointly and severally liable, with the entity issuing the voucher, to pay any amount contractually due in the event of total or partial uncollectability of the title.
7.9. Whoever signs the Rental Agreement in the name or on behalf of a third party is jointly and severally liable for the contractually assumed obligations.
7.10. The vehicle must be returned by parking it in the spaces reserved for Target Rent Italy S.r.l., otherwise the Lessor reserves the right to apply the compensation penalty for parking outside the authorized spaces
7.11. The procedures related to the closing of the contract can last up to 60 minutes.
7.12. We are not responsible for the operations related to the transfer to and from the airport since they are carried out purely as a courtesy.
- OBLIGATIONS IN THE EVENT OF ACCIDENT – THEFT
8.1. In the event of an accident, the Customer must:
a) inform the Lessor by telephone and without delay, filling in all its parts and sending within the following 24 hours the CAI form (amicable report signed by both parties) enclosed with the documents delivered together with the Vehicle; b) inform the nearest Public Safety authority;
b) take note of the names and addresses of the people and the license plates of the vehicles involved in the accident as well as the personal details of any witnesses;
c) provide the Lessor with any useful information;
d) follow the instructions that the Lessor will provide regarding the custody and repair of the Vehicle.8.2. In the event of theft of the Vehicle, the Customer undertakes to immediately report the fact to the competent Public Safety Authority and to deliver an authenticated copy of the report to the Lessor. In this case, the payment for the rental service is due until the date of delivery of the certified copy of the report, in the conventional amount agreed and reported in the Contract. Together with the certified copy of the report, the Customer is obliged to return the keys of the Vehicle to the Lessor, as well as the remote control-anti-theft device if the Vehicle is so equipped.
8.3. Theft: The Customer is responsible for the value of the Vehicle in the event of total or partial theft and/or fire. The Customer may limit the amount of the compensation penalty provided by contract by purchasing the TP (Theft Protection) or SLD (Super Loss Damage Waiver) service. By purchasing the TP service, the Customer may completely eliminate the compensation penalty except for those chargeable to it for the reasons mentioned above (theft in regions at risk and/or fire).
8.4. The Customer and/or driver remains fully responsible for the total compensation of the Vehicle plus any other compensation penalties in the event of failure to return the keys even if he/she has purchased the TP services. The optional coverages will be operational provided that the Customer has paid the Lessor the additional daily fee provided for in the tariff displayed in the Lessor’s offices. The conditions of all the aforementioned policies are available for viewing at the Lessor’s registered office.
8.5. In mutual interest, the kind Customers are invited to park the Vehicle in guarded areas.
8.6. In the event of theft, if the Vehicle is not found, the Customer is responsible for the payment of 30 days of rental plus a full tank of fuel, even if he/she has taken out insurance coverage and/or additional guarantees. If the Vehicle is found before 30 days, the Customer is still responsible for the rental days until it is found plus any damage to the Vehicle.
8.7. In case of loss and/or damage of the accessories delivered during check-out, the Customer will be obliged to pay the Lessor a penalty indicated on the front page of the rental contract based on the accessories delivered. - OTHERS
9.1. This rental agreement is governed by Italian law. In the event of a conflict in the interpretation between the Italian version and any courtesy translation of this rental agreement, the Italian version will prevail over the others.9.2. No changes may be made to the Rental Agreement unless in writing and with the consent of a representative of the Lessor with appropriate power of attorney.
9.3. In the event of late payment, meaning payment made by the Customer at any time after the Vehicle is returned, the Lessor will be entitled to interest for late payment in the amount specified in Legislative Decree 231/02.
9.4. For anything not expressly governed by the Agreement, the provisions of law apply.
9.5. Any changes, modifications, updates to the General Contract Conditions, the Rental Agreement and the Price List will be made known to the Customer in an appropriate and law-compliant manner.
- RESERVATIONS
The Vehicle, if booked, must be collected within 59 minutes of the time agreed upon during the booking phase. After this deadline, the Lessor does not guarantee its availability at the rental branch. If the collection must take place after the time of supply of the vehicles, the Lessor reserves the right to request a fee for the service offered. The Customer who books a Vehicle through the website www.TargetRent.it, pays a deposit equal to 20% of the rental amount, including extras. This amount will be retained by the Lessor as a compensation penalty for failure to collect, cancellation or changes not accepted by the Lessor. - COMPETENT COURT
The competent court for any dispute relating to the validity, interpretation, execution or termination of the Rental Agreement is solely that of Catania, when the Customer is a commercial entity or a legal person, excluding any other competing jurisdiction. In the case of customers considered consumers pursuant to the Consumer Code, the place of jurisdiction will coincide with the place of residence of the consumer Customer. - SAFEGUARD CLAUSE
The nullity or invalidity in whole or in part of any of the clauses contained in these GENERAL CONTRACT CONDITIONS does not imply the nullity or invalidity of the remaining provisions. Article 1419 of the Civil Code does not apply. - DOMICILE AND COMMUNICATIONS
The Customer, for all legal purposes, for the purpose of carrying out this Rental Agreement, declares to elect his domicile at the address communicated to the Lessor in the Rental Agreement. Therefore, and unless otherwise indicated, all communications between the parties relating to the Rental Agreement will take place at the certified email address (pec) communicated by the Customer, or by registered mail with return receipt to the residence or domicile indicated by the Customer. - PRIVACY
The Lessor, pursuant to the GDPR – Regulation 2016/679 (Rules and regulations on the protection of personal data) and subsequent amendments, informs that:
a) the data provided by the Customer for the purposes of concluding and during the performance of this agreement remain stored at the Lessor’s headquarters for the following purposes: registration, processing, documentation, carrying out commercial activities, archiving, etc.;
b) the provision of data is mandatory for the purposes of concluding this agreement;
c) failure to provide the data in question prevents the conclusion of the contract and the performance of the subsequent relationship;
d) the data processing is carried out within the company for the activities identified in point a): the Lessor reserves the right, however, to communicate the data to companies belonging to the same group – including associated and/or controlled companies – as well as parent companies (possibly with offices abroad), as well as to companies, consultants, entities and/or partners with whom agreements or commercial conventions
have been stipulated for the rental of vehicles or concerning other services connected to the rental;
e) in the event of breach of contract, the Customer’s personal data may be disclosed or transmitted to third parties in order to allow the recovery of the credit. The Customer also consents, in the event that the rented Vehicle is equipped with a satellite anti-theft device or remote monitoring systems, to the processing of data relating to its location in space as well as to the communication of the same to the subjects appointed by the Lessor to provide for the recovery of the vehicle in the event of theft or other unlawful act;
f) the Customer is granted the rights set forth in the GDPR – Regulation 2016/679 (Rules and regulations on the protection of personal data);
g) the data controller is Target Rent Italy S.r.l., with registered office in 94015 Piazza Armerina (EN), Via Filippo Guccio n. 11, P.I. 03926470240.Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Customer, after having carefully and specifically read and understood them, expressly approves and accepts the following clauses: 3. DELIVERY AND COLLECTION OF THE VEHICLE – GEOLOCALIZATION – ENGINE LOCK DEVICES and specifically points 3.2 Vehicle examination; 3.3 Use of the Vehicle; 3.4 Check-out and Check-in 3.5 Change of return terms. 3.6 Failure to deliver keys 3.7. geolocalization. 4. GUARANTEE OF PAYMENT OF THE RENTAL SERVICE and specifically points 4.1 and 4.2 Credit card restrictions 4.3 Incontestability of withdrawals of agreed sums. 5. LESSOR’S OBLIGATIONS and in particular points 5.2 reimbursement of costs 5.3 replacement of the Vehicle 5.4 national limits 5.6 goods found inside the vehicle. 6. CUSTOMER’S OBLIGATIONS AND RESPONSIBILITIES ROAD ACCIDENTS COMPENSATION FOR DAMAGES AND FIRE and in particular points 6.1 Customer’s obligations 6.2 direct and indirect damages 6.3 compensation for damages 6.5 accidents compensation for damages 6.6. ineffectiveness of limitations of liability 6.7 obligation to provide information 6.8 termination of the contract return during closing hours 6.9 maintenance 6.10 unsuitable fuel 6.11. damage to the Vehicle 6.12 declaration relating to damage to the Vehicle 6.13 damage to the locks. 6.14 damage from vegetation. 7. RETURN OF THE VEHICLE – COMPENSATION PENALTIES FOR LATE DELIVERY and in particular points 7.2 reporting delays in returning the vehicle 7.3 daily penalty 7.4 agreed sums 7.5 cleaning of the vehicle 7.6 tampering with the odometer 7.7 security deposit authorisations 7.8 and 7.9 solidarity. 7.12 exemption from Lessor liability. 8. OBLIGATIONS IN THE EVENT OF A CLAIM – THEFT and in particular 8.1 obligation to inform 8.2 reporting to authorities 8.3 liability for theft 8.4
liability for vehicle keys 8.6 charges following theft 8.7 loss or damage to accessories. 10. RESERVATIONS. 11. COMPETENT COURT. 12. SAFEGUARD CLAUSE.
DAMAGES LIST – ANCILLARIES – DEPOSITS AND DEDUCTIBLES
Prices include VAT
SCRATCH NOT CHARGEABLE: single scratch of less than 3 centimeters on the bodywork of the car is defined not chargeable,except of the following parts:windows,mirrors,headlights,underbody,glass,rims and tires. Multiple scratches on the same area, even if smaller than 3 cm, are to be considered chargeable.
LIGHT SCRATCH: A single scratch of a length greater than 3 centimeters but less than 7 centimeters is defined as light.
A single scratch occurred on the following parts of the car: windows, mirrors, headlightsunderbody, glass, rims and tires, even less than 3 centimeters long, is considered light and therefore chargeable.
SERIOUS SCRATCH: A single scratch with a length of more than 8 centimeters or a single scratched area whose extension exceeds the surface of 8 centimeters.
LIGHT DENT: A single dent is defined as light and its extension does not exceed a single surface of 20×20 cm.
SERIOUS DENT: A dent is defined as serious, or a set of dents, but falling within a single surface of 40×40 cm.
REPLACEMENT / BREAKDOWN / MISSING PART This damage makes it necessary to replace a part of the vehicle, because it is missing, broken or compromised; these are also the single or multiple dents exceeding a surface of 40×40 cm.
Prices include VAT