Contract Conditions

1. Contract Conclusion

1.1 Subject of the contract. With the signing of this contract, composed of the QUOTATION FORM, GENERAL TERMS AND CONDITIONS, and PICKUP AND RETURN REPORT, the Lessor grants the Customer the rental, for the period indicated in the PICKUP AND RETURN REPORT, of the vehicle described in the same form. The contract is considered concluded on the date of signing of this form by the Lessor and the Customer/driver. This contract does not include packages or tourist services.

1.2. Deposit. The signing of the contract must be accompanied by the payment by the Customer of a deposit equal to 30% of the total rental quotation, indicated in the QUOTATION FORM, by bank transfer following the instructions provided by the Lessor. Failure to pay will invalidate the contract.

1.3. Withdrawal. If the Customer fails to fulfill any of the obligations provided, the Lessor may withdraw and retain the amount paid as a deposit, excluding any further damage compensation. Alternatively, it may act according to the general rules for the execution or termination of the contract and any compensation for damage. In this case, the Lessor may still retain the amount paid as a deposit to guarantee the possible compensation obligation of the Customer. The same right of withdrawal is recognized to the Customer in case of significant non-compliance by the Lessor. In this case, the Customer may demand the return of the deposit.

2. Security Deposit

At the time of vehicle PICKUP, the Customer must pay a security deposit of € 1500.00 as a guarantee for the proper use and integrity of the rented vehicle. The Customer must provide the security deposit via instant bank transfer:

Beneficiary: SPAZIOINNOVA DI ROSSI GIUSEPPE
IBAN: IT56R36772223000EM002216272
Reason for payment: Security deposit Contract 24.xxx

Alternatively, the deposit can be made through pre-authorization on a credit card that must have some characteristics:

it must not be prepaid or an AMERICAN EXPRESS
there must be a necessary amount to cover the plafond
in the name of the contract holder
international financial credit card (with embossed numbers)

The Customer will have the right to obtain the return of the deposit within a maximum period of 20 days from the return of the vehicle, once the conditions of the same have been verified and checked and the amounts still due for everything provided in the following articles have been quantified. The deadline for the payment of the deposit is to be considered essential with the consequence that failure to pay within the terms provided will determine the immediate termination of the contract ex art. 1457 c.c. and the Lessor will have the right to obtain the payment of a penalty amounting to 80% of the cost of the entire rental, retaining the amounts paid as a deposit and down payment up to the amount of the penalty and demanding payment of the residual up to the amount of the penalty itself.

3. Vehicle Pickup

As a counterpart to the rental quotation, the Customer undertakes to pay:

a daily amount in a fixed measure according to the current price lists or a Week-end Formula
diritto fisso di € 80,00 (excluding Week-end Formula)
rental cost of any optional accessories

The pickup of the vehicle must take place at the place, on the day and at the time indicated in the QUOTATION FORM or in the PICKUP AND RETURN REPORT. No pickup on Sunday or holiday.

At the time of vehicle pickup, the Customer will pay the balance of the amount as per the rental quotation, reported in the QUOTATION FORM, by instant transfer, debit card, credit card, prepaid card or cash (no more than € 990.00 are accepted). The deadline for the balance of the estimate is to be considered essential for the pickup of the vehicle and failure to pay within the terms provided will determine the termination of the contract ex art. 1457 c.c. and the Lessor will have the right to obtain the payment of a penalty amounting to 80% of the cost of the entire rental, retaining the amounts paid as a deposit and down payment up to the amount of the penalty and demanding payment of the residual up to the amount of the penalty itself.

Both at pickup and at return of the vehicle, the parties will sign the PICKUP AND RETURN REPORT after verification and attestation of the conditions of the vehicle

4. Obligations and services charged to the Lessor

The Lessor undertakes to make available to the Customer, on the agreed date, the vehicle defined in the QUOTATION FORM complete with equipment and optional accessories agreed upon at the time of booking and in good maintenance condition. It also undertakes to deliver all the necessary legal documentation for circulation. In case of unavailability of the contractually defined vehicle or an equivalent vehicle, for facts not attributable to the Lessor and occurred after the conclusion of the contract, the Lessor may propose to the Customer another vehicle or another rental period of equal cost (or lower cost, recognizing, in this case, the refund of the difference). The Customer may accept (in this case will confirm in writing) or refuse, demanding in this last case the mere refund of what has already been paid (excluding the payment of double the amount paid as a deposit or any compensation or indemnity, being a non-compliance not attributable to the Lessor).

It does not also constitute a breach of the Lessor a maximum delay of 48 hours in the delivery of the vehicle subject to the lease should this occur due to force majeure or due to facts not attributable to the same. In case of delays exceeding 48 hours, the remedies provided by the civil code and current legislation apply.

The service includes:

rental for the duration and mileage indicated in the QUOTATION FORM;
insurances as specified in the QUOTATION FORM. The Customer can request a copy of the related policies from the Lessor;
mileage included in the quotation and indicated in the QUOTATION FORM.
taxes and duties;
oil, maintenance and repair of mechanical faults not resulting from the Customer’s negligence.

The service does not include:

fuel;
final cleaning with emptying of tanks;
punctures or tire breaks, damage to rims, damage to upholstery, etc.;
insurance coverage exceeding the “green card”, taxes demanded by foreign countries, transit rights even for periods exceeding the rental etc. and everything that is not expressly indicated as included in this contract.

5. Lessor’s Liability - Damages to the User

The Lessor assumes no responsibility, after the delivery of the vehicle subject to the lease, for deficiencies, failures or other defects of the vehicle not detected in the PICKUP AND RETURN REPORT unless they are due to his serious fault or non-compliance. He will not be charged for any damages resulting from these circumstances derived to people or things that are on board the vehicle.

He will also not be responsible for any event that occurred after the delivery of the vehicle that is not attributable to him and that makes the use of the same partially or totally impossible. By way of example and not exhaustively, such events may include diseases or other impediments of the Customer, the inability to use the vehicle following accidents of the Customer even if caused by third parties and covered by insurance, natural disasters, pandemics, limitations imposed by Law or by the competent Authorities, strikes, etc.

6. Withdrawal - Penalty Fine

Should the Customer cancel the reservation or withdraw from the contract:

- the Customer will be required to pay a penalty fine of an amount equal to 50% of the quotation if the withdrawal is communicated between the 50th day and the 30th day prior to the date scheduled for the pickup of the vehicle by the Customer;

- the Customer will be required to pay a penalty fine of an amount equal to 80% of the quotation if the withdrawal is communicated after this deadline and, in any case, at least 10 days before the date scheduled for pickup of the vehicle by the Customer. For communications after 10 days before departure, the customer will be required to pay the total amount.

7. Documents

All vehicles are driven with a car driving license (3500 kg). The minimum age of the Customer must be 26 years and the same must have held a driving license for at least 3 years. For customers from EEC countries, a valid driving license is sufficient, while for customers from non-EEC countries, a valid driving license from the country of origin, supplemented by an international license, is required.

When booking and signing the contract, the Customer and the driver(s) must send the Lessor a copy of: valid driving license and ID card. In the absence of such sending, the contract cannot be considered validly concluded.

To pick up the vehicle, it is absolutely necessary that the Customer and the driver(s) present the originals of: valid driving license and ID card. If the required documentation is not presented at the time of vehicle pickup, or if the documentation is different from that sent when booking and signing this contract, the Lessor will be authorized to cancel the contract and the conditions set out in section 6 will be applied.

It is communicated that the documents will be sent to the police station for the usual checks.

8. Customer Obligations

The Customer undertakes:

a) to drive the vehicle and to keep it, together with the accessories, diligently and in compliance with all laws;

b) to take care of regular maintenance and check the levels of water, AdBlue liquid, lubricants, and brake oil. He is also required to ensure that the fuel put into the vehicle is adequate and conforms to the vehicle’s specifications.

c) to scrupulously observe all the instructions of the user’s operating manual supplied with the leased vehicle;

d) to keep the vehicle with the utmost diligence, activate every existing security device, avoid leaving devices or valuable objects in sight inside the cockpit, avoid leaving the keys inside the vehicle and in general do everything necessary to ensure the best security of the vehicle owned by the Lessor;

e) to return the vehicle in the place and term indicated and in the same state in which he received it (accessories included), resulting from the PICKUP AND RETURN REPORT and which, unless otherwise indicated, is presumed good. He is not responsible, however, for the normal wear and tear of the vehicle;

f) to pay any fine, infringement or administrative sanction or charge of any kind that the Lessor should bear for infringements of civil, criminal or administrative norms that were found during the lease, even if communicated to the Lessor or to the same Customer after the return of the vehicle. The Customer also undertakes to reimburse the Lessor for any legal, administrative, etc., expenses for the completion of the practice.

The Customer will be responsible for all damages suffered by the Lessor (both for the emerging damage and for the lost profit resulting from the stop of the vehicle or the delay in return calculated according to the daily rate in force at the time of the stop) as a result of the violation of the aforementioned rules of conduct. The Lessor may assert these rights by retaining the amount paid by the Customer as a security deposit. If the amount due exceeds the amount of the security deposit, the Customer will be required to pay the difference.

The Customer, who signs this contract in the name and on behalf of a third party, is jointly liable with them for the execution of the obligations of this contract.

9. Use of the Vehicle and Prohibitions

9.1. The Customer declares to be aware of the rules regarding the insurance of motor vehicles in Italy, the rules of the driving code and all the rules in force in the country of use of the vehicle. Therefore, he undertakes to use it with the utmost diligence, to circulate only in countries where insurance coverage is provided and not to cause, with his behavior, the decay of the same insurance coverage.

In particular, the vehicle may not be used and driven in a manner not in accordance with what is provided for by its circulation document. Therefore, it may not be intended for the transport of people or things on behalf of third parties, used in overload conditions and with a number of people on board higher than expected, used for towing unauthorized trailers, driven at speeds higher than those allowed by the traffic rules of the country in which it is used and the maximum ones dictated by the manufacturer.

9.2. The vehicle may not be subleased or loaned to third parties.

9.3. Il veicolo non potrà essere guidato da persone in condizioni fisiche non idonee o non in possesso dei requisiti richiesti dalle norme di circolazione del paese nel quale viene utilizzato, sotto l’influenza di droghe, narcotici, alcolici o intossicanti, medicinali che influenzino le capacità di guida o per scopi contrari alla legge. Non potrà essere, inoltre, guidato da persone diverse da quelle indicate nel VERBALE DI PARTENZA E RIENTRO e, comunque, da persone che non abbiano conseguito la patente di guida da meno di 3 anni con validità nello Stato nel quale il veicolo è condotto.

9.4 It is forbidden to transport animals with the exception of small dogs, substances and anything else which, due to their condition or smell, could damage the vehicle and/or delay the possibility of renting it. In the event of extraordinary cleaning of the vehicle, the Customer will be charged the relevant cost € 150,00.

9.5 It is strictly forbidden to smoke inside the vehicle. . In case of non-compliance, the Customer will be charged €150.00 for extraordinary cleaning costs and sanitization of the vehicle.

9.6 The use of the vehicle in violation of even one of the provisions contained in the previous points will configure the Customer’s liability for all costs arising to the Lessor, without prejudice to the latter’s right to compensation for the damages caused to him. The Lessor may assert these rights by retaining the amount paid by the Customer as a security deposit. If the amount due exceeds the amount of the security deposit, the Customer will be required to pay the difference.

10. Theft, Fire, Road Accidents and Liability to Third Parties

10.1 The Customer undertakes to respect every policy condition regarding the rented vehicle and referred to in the contract.

In case of damage to the vehicle but covered in whole or in part by insurance policy, the Lessor reserves the right to retain the security deposit until obtaining compensation from the insurance company and to recover from the Customer for any compensations not paid, including any applied deductible.

10.2 If with his fraudulent or negligent behavior the Customer should cause the decay of any insurance coverage, both regarding the RC car and any other insurance policy, he will have to personally answer for the damage suffered by the Lessor and, in any case, keep him indemnified and hold him harmless from damages caused to third parties.

10.3 The Lessor will be authorized to retain the amounts due from the security deposit and, if this is not sufficient, to demand its integration from the Customer for the greater damage suffered. In case of fact attributable to the Customer, the Lessor will also be entitled to compensation for the missed rental of the vehicle due to stop for repairs, calculated according to the daily rate in force at the time of the stop.

10.4 In case of attempted theft, theft or fire of the vehicle or all or part of the equipment, the Customer undertakes to communicate it in writing to the Lessor within 24 hours, to report the fact to the competent authorities and to return to the Lessor an authentic copy of the report as well as the keys to the vehicle. In default, he will be responsible for any damage or loss resulting from the omitted communication to the Lessor, from the omitted report or from the omitted return of the keys, whether they concern the vehicle or whether they involve the Lessor or third parties.

10.5 In case of a road accident, the Customer undertakes to:

inform the Lessor immediately and within 24 hours and send him a copy of the report or the friendly finding exactly and fully compiled;
not to sign documents that could involve the Lessor’s liability, without his prior written authorization;
to inform the nearest police authority;
to take note of the names and addresses of the parties and witnesses;
to provide the Lessor with all the above collected and any other useful news and information;
to follow the instructions that the Lessor will provide regarding the custody and repair of the vehicle.

In default, the Customer will be responsible for all liabilities, including all expenses necessary to restore the vehicle to the same conditions in which it was at the time of delivery.

11. Maintenance and Mechanical Failures

In case of failures, the Customer must immediately (within 24 hours) notify the Lessor, go where possible to the workshops authorized by the manufacturer and obtain the Lessor’s prior written consent to the repair, strictly following each of his indications for the management of the failure.

If the workshop should refuse to carry out the intervention for free or the vehicle should no longer be covered by warranty, the Customer, after having notified the Lessor, must send to the same a written estimate of the appointed workshop and obtain written authorization to the intervention by the Lessor himself, also by fax or by certified email.

In this case, the sums advanced, if corresponding to those estimated, will be reimbursed upon return of the vehicle upon presentation of the invoice made out to the Lessor together with the parts possibly replaced. In any case, the Lessor will not be required to reimburse the costs for repairs caused by incompetence or lack of diligence in use by the Customer or not authorized.

12. Rental Duration

12.1 The duration of the rental period cannot be extended. However, the Lessor may authorize the delayed return of the vehicle following a request made by the Customer in writing at least two days before the end of the lease. In case of delayed return of the vehicle without it having been agreed, the Customer will be charged, as a penalty, an amount equal to triple the daily rate for each day of delay or fraction thereof. If, on the other hand, the extension had been authorized, the rate of the current price list will be applied.

12.2 No claim for reduction of the rental cost can be advanced by the Customer in case of early return of the vehicle not agreed with the Lessor.

12.3 In case of forced interruption of the trip, the Customer is required to promptly inform the Lessor and in any case within 24 hours.

13. Vehicle Return

The vehicle must be returned on the day and time indicated in the QUOTATION FORM or in the PICKUP AND RETURN REPORT. Any delay in delivery must be promptly communicated and €52.00 will be charged to the Customer for each hour of delay.

No return on Sunday or holiday.

The vehicle must be in the same maintenance conditions in which it was delivered, with a full tank of fuel (fuel top-up cost: € 5.00 per liter), the lubricant at level, in good hygienic and cleaning conditions (€ 150.00 penalty) both internal and external and with the toilet and dirty water tanks completely emptied (€ 150.00 penalty). In the absence, the Lessor reserves the right to directly carry out the restoration operations charging the costs of both materials and labor to the Customer.

Upon return of the vehicle, the Customer will be required to pay the amount of any mileage overruns compared to the total km included in the rental quotation (€ 0.30 per km).

The Customer will be responsible for defects, deficiencies, defects and mechanical failures, including body damage, found on the vehicle at the time of return and not resulting from the PICKUP AND RETURN REPORT drawn up at the beginning of the rental and even if they have not been detected at the time of return (if not immediately detectable), but notified to the Customer within 8 working days.

The customer, in case of damage to the vehicle, authorizes the Lessor from now on to retain the amount paid as a security deposit and, if the amount due exceeds the security deposit, the customer will be required to pay the difference.

La riconsegna del veicolo avrà luogo presso la sede indicata nella SCHEDA DI PREVENTIVO o nel VERBALE DI PARTENZA E RIENTRO. Il Cliente, qualora per qualsiasi motivo fosse obbligato o volesse riconsegnare il veicolo in una località diversa da quella pattuita, sarà tenuto ad avvisare immediatamente il Locatore stesso (e comunque entro 24 ore), affinché quest’ultimo possa provvedere al recupero del veicolo nel modo più adeguato, addebitandone le relative spese al Cliente. Qualora la consegna in luogo diverso fosse addebitabile a fatto imputabile al Cliente e comportasse ritardo nel termine di noleggio previsto, al Cliente spetterà altresì il pagamento, a titolo di penale, di un importo pari al triplo della tariffa giornaliera per ciascun giorno di ritardo o frazione di esso necessario a riottenere la disponibilità del veicolo.

14. Vehicle Stop

If for any reason and for any reason deriving from a fact attributable to the Customer, during the lease or for a fact occurred during the lease, the leased vehicle were subject to administrative detention, civil or criminal seizure or any other civil, criminal or administrative measure that limits its availability, the Customer will have to pay the Lessor, as a penalty, an amount equal to triple the daily rate for each day of unavailability of the vehicle, and in addition to the expenses necessary to obtain the release or, in any case, the release of the vehicle.

15. Competent Forum

For any dispute concerning the interpretation, validity and execution of this contract, the forum of Milan will be competent. The Customer accepts the Italian law applied to this Contract