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Rental Agreement, it can be updated without notice. Last update 20.04.2014
General terms and conditions
Win Rent Spa (“Sixt Italy”) hereby rents to the customer the vehicle specified on the front page of this rental agreement upon the agreement conditions set forth therein and hereunder which can be fully consulted on the website http://www.sixt.it/ under the sections “Rental Service” “Rental Agreement” furthermore we fully refer to the “General Terms and Conditions” under the section “Rental Service” on the website http://www.sixt.it/
A) Insurance coverage (RCA) an Equipment
The insurance for Sixt Italy vehicles covers the public liability insurance towards third parties, according to the law of the country where the vehicle is registered. The vehicle is delivered with sealed speedometer, accessories, triangle, one spare-wheel or tyre repair kit, reflector jacket, and all the equipment required according to the law. The Customer is responsible to return the abovementioned in a perfect state of repair.
B) Delivery and collection of the vehicle
The rental starts from the day and time the vehicle is delivered to the Customer and will end on the day and time the vehicle is returned to Sixt Italy. The vehicle is delivered in perfect conditions and must be returned to Sixt Italy in the same conditions as it was delivered, except for the ordinary wear and tear, on the day and at the time specified in the rental agreement. At check-in, Customer is obliged to ask for the signature of a Sixt employee on the Check-in report where the actual conditions of the vehicle and fuel level must be written. Without the above-mentioned signature, Sixt’s determinations will be valid and accepted by tacit agreement. In the absence of prior authorization, if the vehicle is returned later and longer than the 59 minutes of tolerance allowed for delays, without communication and/or authorization, the extra days will be charged at the highest standard daily rate published in the pricelist in force. If the vehicle is returned on the Italian territory but in a different station from the one agreed, without Sixt Italy’s prior authorization, the Customer will be charged for a penalty fee, always keeping into consideration all the conditions established in letter T of the present Rental Agreement. Vehicles can be returned outside Italy only if previously authorized by Sixt, once the reservation is confirmed. This service is subject to a specific pricelist depending on the drop off Country, as per Terms and Conditions.
If when returning the vehicle the keys are not also returned because of loss, or for any other reason, the Customer will be held responsible for the payment of a contractually predetermined penalty, with the exception of cases with evidence which shows the loss cannot be directly attributed to the Customer, as established by art 1588 c.c.
C) Guarantee deposit with financial credit card
Customer is required to present a financial credit card (VISA, Mastercard, American express, Diners Club) on the main driver’s name as a guarantee for the rental, on which a deposit will be held. The deposit due is equal to the value of the rental plus the amount of the damages excess amount for the rented car group. This amount can be reduced up to 50% by signing for Super Cover Service. If any damage results at the time the vehicle is returned to Sixt Italy, the guarantee deposit shall be withheld by Sixt Italy on account of the sums due by the Customer for the reimbursement of the sustained damages, without prejudice to reimbursement of further damages. In case no damage is noticed, the guarantee deposit will be unblocked in whole or in part, against the sums due to Sixt Italy in consideration of section H, of this agreement here below. The Customer authorizes the use of the provided credit card as only mean of payment for any charges relating to the rental and the agreement. Sixt accepts all credit cards from internationally recognized credit card companies. Two credit cards, both on the main driver’s name, are required for the rental of special vehicles (T/Z car groups). Cash, Bancomat, prepaid and electronic credit cards (such as Maestro or Visa Electron) are not accepted.
D) Maintenance of vehicle
The Customer undertakes to use properly and carefully the vehicle and he will be held responsible for any damage caused to the vehicle, unless evidence is supplied which can prove that the damage itself has been caused by events which can not be attributed to the customer, as established by art 1588 c.c.
The Customer shall verify regularly the levels of engine oil, cooling liquid and brakes fluid and in any case after every 1000 km driven. Costs for garaging, washing and mending flat wheels and tyres are at Customer’s charge. Oil and greasing due to normal wear will be reimbursed upon presentation of proper invoices headed to Win Rent Spa issued from the supplier (specifying the date, name and address of the supplier, the plate number and mileage on the vehicle), upon the authorization of Sixt Italy and upon the presentation of the parts which have been replaced. In case of breakdown the Customer will contact Sixt Italy’s Assistance and the nearest Sixt Rental Location for assistance and/or the eventual replacement of the vehicle.
E) Use of vehicle
The vehicle shall be driven by the Customer or by the additional driver, if indicated in the front page of this rental agreement, provided that they are at least 21 years old, in possession of a full driving license for at least 12 months allowing the holder to drive the vehicle, and another valid identity document. No other person can drive the vehicle without Sixt Italy’s prior written authorization. Driving licenses printed with non Roman Alphabet (Arabic, Chinese, Japanese, Cyrillic etc) must be complemented by an International Driving License. Sixt Italy reserves the right not to provide a vehicle to the customer in case the documents presented by the Customer are not considered to be sufficient. The vehicle shall not be driven by persons under the effect of alcohol or drugs, in a state of unconsciousness, in anomalous psychophysical conditions and/or in contrast with the Road Code or the art. 1176 of the Civil Code.
Any infringement to the Road code will be considered to be a breach to the driver’s contractual obligations, and will result in the implementation of the relative penalties.
The Customer must hold and use the vehicle with all due care and responsibility, and any action in contrast with this disposition will result in the total responsibility of the customer as penalty (ex art. 1587 and art. 1176 of the Civil Code). In any case the vehicle is not to be used for:
a) illegal transportation of goods (smuggling, transportation of drugs and/or dangerous goods, etc.);
b) transportation of passengers upon payment of a fare either expressly or implicitly agreed;
c) illegal purposes, speed contests or trials or any other contest;
d) to go abroad without the previous consent of Sixt Italy.
e) sub renting or irresponsibly lending to third parties.
f) driving under the effect of alcohol or drugs, in a state of unconsciousness, in anomalous psychophysical conditions and/or in contrast with the regulations established by the Road code.
For the driver’s safety and the right maintenance of the vehicle, Sixt reserves the right to consider wrong and/or abnormal use of the vehicle in case of exceeding the maximum standard mileage established by the rate chosen by the Customer. In these circumstances Sixt reserves the right to apply a specific rating according to the car group rented: from €1,00 plus VAT to €3,00 plus VAT for each extra km. In any case Sixt Italy reserves the right to take action in the event of any major damage.
F) Services included in the rate and optional
- Basic Service CDR * Damage:
CDR service is included in all of Sixt Italy’s rates, by convention equal to the 22% of the applied rates. It is not an insurance coverage, but a conventional reduction the of Customer’s responsibility in the event of traffic damages, considering damages to the rented vehicle due to an accident with at least one another vehicle being involved. With CDR the Customer will be responsible up to a maximum amount chargeable for each event depending on the rented car group between a minimum of euro 1000,00 and a maximum of euro 2800,00 as specified In Terms and Conditions available on sixt.it (sixti.It). CDR service does not cover damages to: windows/windscreens, roof, underbody, wheels, tires, interiors and damage caused by vandalism.
- Basic Service TP * Theft: TP service is included in all of Sixt Italy’s rates, by convention equal to the 18% of the applied rates. TP service is not an insurance coverage but a conventional reduction of the Customer’s responsibility in case of full theft or fire. With TP the Customer will be charged for an amount depending on the rented car group between a minimum of euro 1700,00 and a maximum of euro 3000,00 as specified In Terms and Conditions available on sixt.it (sixti.It).
- Exceptions for TP Basic Service: The Customer and/or Driver remains totally accountable for the full value of the vehicle if the keys of the car are not returned to Sixt. In case of total, partial theft or damage due to fire taking place in Campania, Puglia, Calabria or in the town and province of Catania the amounts mentioned on the present agreement will be doubled, furthermore no replacement vehicle will be provided to the Customer.
- Optional SUPER COVER* Service Damage and theft: It is not an insurance coverage. The Customer can waive the deductible due in case of damages and theft of the rented vehicle by signing for SUPER COVER Service at the moment of pick up. SUPER COVER Service also covers damage caused by vandalism, to windows/windscreens, roof, underbody, wheels and tires, and interiors.
- Exceptions for SUPER COVER service Theft: SUPER COVER service doesn’t find complete application in the event of partial/total theft or fire taking place in Campania, Puglia, Calabria or in the town and province of Catania, furthermore no replacement vehicle will be provided to the Customer in this case; in these circumstances the total elimination of the deductible will not apply, the Customer will be economically responsible for a reduced amount charged as penality, which will vary depending on the rented car group.
* CDR, TP and SUPER COVER services are not valid:
- in case of fraudulency or gross guilt according to 1229 of the Civil Code.
- in case the driver’s behavior is in contrast with art. 1176 and art. 1587 of the Civil Code.
- in case the car keys should not be returned.
In all these circumstances, the Customer is fully responsible for the full cost of the vehicle following the exchange of documentation about the event between the parties.
In the above mentioned cases Sixt reserves the right not to provide the vehicle, once the occurred facts have been examined.
G) Accident, Damages
In the event of any accident or damage to the vehicle, Customer must inform Sixt Italy in writing within 24 hours from it or at the moment of drop off, using the specific form (CID) that is in the car’s document’s folder or by filling the Accident Form. In addition, the Customer shall have all necessary investigations performed by the competent authorities. The failed observance of this duty causes deep financial damage to Sixt Italy, for this reason the customer will be charged for a penalty amount starting from € 500.00 (not subject to VAT) up to a maximum of € 2000.00 (not subject to VAT), as indicated in the General Rental Conditions available on http://www.sixt.it/ in Rental Service section
H) The Customer undertakes to pay Sixt Italy by credit card
1. The cost of the rental, calculated on the basis of the time and mileage rate;
2.The extra cost due in the event the vehicle is returned to Sixt Italy in a place different from where the vehicle was initially delivered, calculated on the basis of the foreseen rate (One Way service);
3. Refueling Service refund for fuel restoration, to bring the fuel level as it was when the vehicle was delivered. In particular, it will be charged at a fixed amount and a flat-rate amount calculated at an increased price in comparison with the market value. The above increases will be calculated according to the specific pricelists printed in “General Terms and Conditions” paragraph “Accessories” available on web site http://www.sixt.it/ section “Rental Service” with reference to the vehicle drop-off date.
4. The sums due for the purchase of SUPER COVER and for any eventual excess as mentioned under letter F, and in general for any damage to the vehicle, and also the management fee for every accident dossier;
5. Possible airport and railway surcharges, road tax, taxes;
6. A sum equal to the amount fined to the Client and/or to Sixt Italy for the breach of rules of the Road Code or any toll fees in connection with the use of the vehicle by the Client. He also authorizes Sixt Italy to charge his credit card for any fines notified after the closing of the rental agreement concerning the rental period, and for a sum of the relative fixed penalty charge mentioned on the rental’s Terms and Conditions as also on Section “E” of this contract.
7. The reimbursement of all the expenses and burdens borne by Sixt Italy to obtain payment of the sums due by the Customer;
8. each penalty or extra mentioned on “General Terms and Conditions” available on the web site http://www.sixt.it/ in the section “Rental Service”;
9. The sum due for any other service rendered to the Customer.
The above mentioned sums shall be charged on the customer’s bank account pursuant to the conditions established by the company issuing the credit card presented when signing the rental. The Customer paying with a prepaid voucher or renting on behalf of another subject (juridical or physical person) is jointly responsible with the subject issuing the voucher for the payment of any amount concerning the rental in case of partial or total insolvency by the issuing subject.
In case of rentals on behalf of another subject (juridical or physical person), the signing subject of the rental agreement is responsible together with the juridical person for every contractual condition hereby specified, such as missing payment of: damages caused, car theft, fines, etc..
Sixt Italy’s invoices shall be payable upon receipt of them. In the event of delayed payment, the Customer must pay Sixt Italy for interests equal to the official discount rate increased by 4% and, in any case, within the maximum limits authorized by regulations in force, if there is no different and more suitable provision to the contrary.
Keeping into account the vehicle’s manufacturer’s responsibility for construction faults, Sixt Italy will perform all ordinary maintenance activities to ensure the vehicle is provided in good working order, guaranteeing the constant maintenance required in relation to the usage of the vehicle as established by art. 1575 c.c.
L) No assignment
The Customer undertakes not to assign, transfer, mortgage or pledge the vehicle, its accessories, equipment and any other part of the vehicle and not to carry out any activity in contrast with Sixt Italy’s right of decision as owner of the vehicle.
M) Replacement vehicle
Sixt Italy reserves its right not to provide a replacement vehicle in case of accident, theft, fault, damage or for any other event without the necessity of justifying such refusal. In the event of fire or theft taking place in Campania, Puglia, Calabria or in the town and province of Catania no replacement vehicle will be provided.
The Court having jurisdiction for any disputes arising from and/or related to the vehicle, particularly for any action necessary for forced debt collection owed to Sixt Italy, will be exclusively the Civitavecchia Court. Such clause shall not apply in the event the Customer is using the service for purposes unrelated to his profession or business (Consumer) as provided for in Article 33, paragraph 2, letter u) of the Consumer Code.
Under no circumstances Sixt Italy will be responsible for the loss of the Customer’s or third parties’ belongings left unattended or loaded in the vehicle during the rental or after the return of the vehicle.
Sixt Italy however commits to promptly informing the Customer of any goods found inside the vehicle at the end of the rental and if requested by the customer, to shipping or holding the goods for the customer for up to 30 days, after which the items will be considered abandoned.
In case of conflict in the interpretation of the two versions of this agreement, the Italian version shall prevail on the English version.
Any amendments and/or addition to the rental general conditions hereof shall not be binding unless agreed upon in writing.
R) Acceptance of the agreement conditions
The Customer, by his signature agrees to rent the indicated vehicle at the indicated rates and conditions in this agreement and authorizes Sixt Italy to debit the indicated Credit Card. The client declares to have examined the "Terms and General Conditions" available on the web site http://www.sixt.it/ section "Rental Service". If the rental is longer than 30 days, the Customer authorizes Sixt Italy to debit the credit card every 30 days till the vehicle is definitely returned. With the exception of promotional activities , the client is economically responsible for the actual car group used.
S) Conditions with declared approval
According to and for the effects of Art. 1341 C.C. and seg. The Client declares to accept the conditions at the letters B, D, F, G, H, I, L, N, O, R, T as separated acceptance on the front of the Rental Agreement.
T) Responsibility declaration
The Customer and the driver declare to be fully aware that in the event the vehicle is not returned within contractual time limit and in absence of any valid preventing reason (circumstances beyond one's control) they will be responsible of embezzlement or, at worst, of contractual fraud.