Terms and conditions
CONDITIONS AND TERMS OF THE RENTAL AGREEMENT
1. General terms
1.1 NOLO IN SAS undertakes, with the present contract, to provide the customer with a vehicle in perfect operating condition and suitable for the agreed use, equipped with all the documents (copy of the circulation sheet and RCA coupon), tools and accessories necessary for the circulation. At the same time, the customer undertakes to acknowledge that he is not the holder of any real right on the vehicle, tools and accessories rented. The sublocation, tampering or improper use of this vehicle and the transfer to third parties of this contract are prohibited by law; in such cases NOLO IN SAS reserves the right to terminate this obligation.
1.2 The customer is the only authorized person, from NOLO IN SAS, to the operation of the vehicle and, upon signing the contract, is therefore obliged to provide a valid driving license. A second driver can be added to the rental contract for an additional charge of € 5 for each day of rental.
1.3 The vehicle must not be used:
– outside the regional territory (Sicily) and on the smaller islands, in this case the contractual conditions including insurance coverage and assistance will cease; everything will therefore remain the responsibility of the customer;
– for the transport of passengers or goods against compensation;
– to push or tow another vehicle or trailer;
– in competitions of any kind, sports or not, or trials of routes;
– for the transport of parcels or postal packages;
– to give driving lessons or to practice the same;
– for any other use in violation of laws or regulations.
– in no case on rough or uneven ground. Especially in weather conditions that do not allow you to see the road surface.
If, as a result of this improper use, mechanical and / or structural damage to the rented vehicle occurs, every expense for recovery and repair of the same is intended for the customer. At the expense of the same there are also the lost revenues due to the ample availability of the vehicle for stationary and repair, considering as useful working days and times.
2. Delivery of the vehicle
2.1 When completing this contract, the customer must specify the date and time of the end of the rental, as NOLO IN SAS does not provide for the management of open contracts or contracts without expiry.
2.2 Upon delivery of the car, our staff, together with the completion of the rental contract, will show the customer the scheme for any damage already present on the latter; this scheme is considered an actual test of the vehicle status and will be the comparative reference used by our staff to identify any new damage during the check-out of the vehicle. The customer must therefore ascertain the good condition of the car and make known immediately any anomalies, damages or defects to the body and / or upholstery thereof. This procedure is also allowed through the exchange of photos (prior to the start of the rental period) via email on email@example.com. New damages to the aforementioned parts, found when the vehicle is returned, will be debited through the instrument provided as guarantee for the stipulation of the contract (credit card, deposit, pre-authorization).
2.3 The car is delivered to the customer with a full tank of fuel and must be returned with the same amount. Furthermore, the customer is not bound by limited mileage.
2.4 If the customer does not hold a credit card, another can be used to guarantee the contractual obligations, provided that the owner of the latter explicitly authorizes its use by providing its personal details and signing the contract of hire, defining itself as a guarantor for contractual obligations. Alternatively, the same customer can pay to NOLO IN SAS a quantified security based on the duration of the rental period and the vehicle model / category. However, this deposit can not be less than € 200.00, which will be returned on return of the car if no new damages are found or there are no other charges charged to the customer. The deposit can be paid in cash or by pre-authorization using a prepaid card, this pre-authorization will have a maximum duration of 20 days, after which it will automatically expire.
2.5 The stipulation of the contract with insurance kasco makes the customer exempt from any deductible against him, both for theft and for claims. The aforementioned insurance coverage does not include the case in which the accident occurred without colliding with another vehicle and does not even operate in the case of willful misconduct, gross negligence and, in any case, improper use of the vehicle or, in any case, prohibited by the Highway Code or by the provisions contained in the previous art. 1.3 of these general terms and conditions. Therefore, NOLO IN SAS will have the right to proceed to charge the damages caused.
2.6 The personal insurance for driving accidents, called PAI, provides coverage for those traveling as drivers in the rented car. This type of insurance can also be signed at the time of collecting the car upon payment of an additional charge of € 5 for each day of rental. In the event that a person other than the authorized person is driving the vehicle, the insurance coverage relating to the physical damage of the driver will expire.
3. Rental period
3.1 The Customer is responsible for the payment of all fines and contraventions, tolls, parking charges in paid parking areas (so-called blue stripes) for access to Limited Traffic Zones and other charges for traffic offenses during the rental. Once the fine has been notified to NOLO IN SAS, this will charge the customer, as well as the same sanction, a supplement of € 50.00 (including VAT) for lump sum management fees. The processing of the same practices always takes place over 10 days from the notification of the same to NOLO IN SAS.
3.2 If, for any reason, the delivered vehicle is subjected to seizure or detention, the Customer undertakes to pay NOLO IN SAS, in addition to the contractually established tariff, an amount equal to the rate paid for the single day increased by 50% the day when the Authority will issue the vehicle to the Lessor, without prejudice, in any case, the right to compensation for the greater damage, including the cost of any intervention of wrecker.
3.3 NOLO IN SAS does not guarantee the replacement of the vehicle in case of theft or of mechanical or structural damage that prevents normal operation. Therefore the remaining rental days of which the customer does not use will be reimbursed. Any other expense related to the return or continuation of the journey remains with the Customer.
3.4 The customer is entitled to postpone the return of the car and therefore extend the rental period. This may be done with the authorization and availability of NOLO IN SAS and after having made a telephone call at least 24 hours before the expiry of the order contract. NOLO IN SAS is not obliged to reimburse all or part of the cost of the rental, if the latter is interrupted in advance, for any reason, with respect to the date established in the stipulation of the contract. If the customer re-enters the vehicle in advance of the established date or time or in extra working hours for the NOLO IN SAS itself (9-13; 15-19), independently at agreed locations or in any case without prior notice, thus making impossible to carry out the check-out operations as per the protocol, NOLO IN SAS reserves the right to carry out the same when possible and in any case within 24 hours.
3.5 The customer can change the place of return of the vehicle after communication to NOLO IN SAS at least 24 hours before the agreed rental date, this will result in an increase in the rental cost, equal to € 1 (over VAT) for each kilometer that separates the new delivery area from the previously agreed one.
3.6 In the event of a claim with another vehicle, the customer is obliged to promptly notify NOLO IN SAS of the fact and the dynamics, to provide the personal data and details of the insurance of all the parties involved in the accident and any witnesses, to provide for the creation of photos and videos that clearly show the vehicles, the damage and the dynamics of the incident, not to admit any responsibility or faults of which there is no certainty, to call the police authorities in the hypothesis in which there are injured . In case of non-compliance with these provisions, NOLO IN SAS will have the right to charge the customer the costs related to the claim, within a maximum limit of € 2,000.00
3.7 If, during the rental period, faults with an easy resolution (battery, lights, wiper blades, fuses, pneumatic drilling) occur, the customer will repair them at the on-site workshops. Upon return of the vehicle, NOLO IN SAS undertakes to reimburse the related costs, following the presentation of an invoice made out to NOLO IN SAS itself, which certifies the amount, up to a maximum of € 200.00
3.8 NOLO IN SAS is not liable to the Customer or any other person for damages of any kind, including the economic loss suffered by them due to faults or malfunctions of the vehicle, failures occurring, missing or delayed delivery, delivery of a vehicle other than the one booked, thefts, traffic accidents, riots, fires, earthquakes, wars or force majeure. Furthermore, NOLO IN SAS does not assume any responsibility for loss or damage to the items transported, abandoned or forgotten in the vehicle
4. Return of the vehicle and customer responsibility.
4.0 It is possible to cancel the reservation without penalty at any time before picking up the vehicle, except for the months of July and August, in these months the cancellation deadline is reduced to 48 hours, if the cancellation is made out of time, it is a penalty equal to 50% of the total of the reservation is foreseen.
4.1 Both NOLO IN SAS and the insurance company are not responsible for any objects or personal effects that could be removed or damaged by third parties during a theft or break-in for this purpose.
4.2 NOLO IN SAS undertakes to send to the customer personal belongings forgotten inside the car. The costs of this shipment are charged to the customer, who agrees to anticipate them to the same NOLO IN SAS.
4.3 In case of failure to return the vehicle by the established day and time, NOLO IN SAS is authorized to charge an additional day of rental. However, a tolerance of thirty minutes is foreseen. In the event that the delay in redelivery determines an increase in expenses or lost revenue for NOLO IN SAS, the latter will be entitled to charge an amount of € 400.00 plus every day of delay to the rental fee increased by 50%.
4.4 In the event that the staff of NOLO IN SAS is unable to check-out the vehicle with the customer, or has agreed to return the vehicle to facilities with reception service to which the customer can give custody of the key to the vehicle, the same will have to produce multimedia material attesting to the current state of the car. This procedure is also allowed by exchanging photos via email on firstname.lastname@example.org. NOLO IN SAS will confirm the check-out as soon as it is completed.
4.6 In the event that at the time the vehicle is returned, the latter is excessively dirty, so that it is possible to carry out the check-out operation properly, NOLO IN SAS reserves the right to complete such operation as soon as the vehicle is washed.
4.7 Should the customer return the vehicle with a lower quantity of fuel than the one present at the time of delivery, he will be obliged to pay an additional cost equal to the missing fuel added of € 20.00 for service charges; this amount will be increased by € 10.00 if the vehicle is returned between 18.00 and 08.00 the following day.
4.8 In the event of acts of vandalism for which it is not possible to ascertain responsibility for the damage to the vehicle, the client must provide NOLO IN SAS with a formal complaint of the occurrence, specifying the time and place, without which the aforementioned damages will be attributed to the customer’s responsibility.
4.9 In the event that during the check-out phase new damage to the vehicle body due to carelessness or vandalism or damage not previously reported to NOLO IN SAS is found, a deductible of € 100.00 will be charged for each single part of the damaged vehicle (referring to the damage card mentioned in article 2.2 plus the cost of the vehicle downtimes required for repairs, calculated on the basis of the daily rental rate), up to a maximum total charge of € 800.00. Structural or mechanical damage will always be placed entirely on the customer.
4.10 The customer must bear the cost (including VAT) related to any new damage or theft of the following parts not covered by the insurance:
– Upholstery and seat stain removal: € 40.00
– Loss of keys: € 200.00
– Loss and / or damage Satellite navigator € 150.00
– Seat € 100.00
– Bullock € 50.00
– Emergency kit and repair € 100.00
The calculation of the amount to be charged in the event of damage to the tires will be calculated according to the type of car, for a maximum of € 800.00
4.11 The Client, by providing the credit card details, authorizes the Lessor to charge for all fees due following and as a result of the rental and accepts the charge on the credit card also of what will be due after the end of the rental also for penalties , contraventions, motorway tolls, parking, operating expenses, costs of restoring the vehicle as a result of damage not covered by the insurance policy, missing fuel costs, costs of restoring and / or cleaning the vehicle interior if returned at the end of the rental with indelible stains and / or burns, costs of disposal of objects abandoned on the vehicle by the customer and all other rental costs, up to a maximum amount of € 2,000.00.
5. Personal data processing
The customer has been informed by NOLO IN SAS. that, pursuant to Legislative Decree June 30, 2003, n. 196 (hereinafter the “Privacy Code”), the data provided may be processed in compliance with this legislation.
Data controller, according to the Privacy Code, is NOLO IN SAS, via Castellana n. 155, Palermo – 90135
These data will be used for purposes exclusively related to the rental and more precisely:
• conclusion and execution of vehicle rental contracts and any related contracts, as well as creation of a client database;
• implementation of international payment systems standards (for example, bank transfers, debits / credit cards, etc.);
• activity of sending advertising material and use in analysis and commercial studies and consumption habits.
In addition, the data may be used by NOLO IN SAS in order to allow the Competent Authorities to forward the related complaints to the Customer responsible for violating the Highway Code or other applicable regulations, for the payment of the related pecuniary sanctions by the Customer itself .
The Customer is also informed that electronic devices for the detection of the geographical position and / or registration of driving parameters are installed on the vehicles.
These data will be used by NOLO IN SAS only in the event of theft, failure to return the vehicle, embezzlement, accidents or other illegal or improper behavior in which the vehicle being rented may have been involved and will not be kept beyond the period strictly necessary for such purposes or communicated to subjects other than public authorities, insurance companies, companies and professionals in charge who provide NOLO IN SAS with services necessary for the protection of their rights in the cases mentioned above.
In any case, the Customer pursuant to art. 7 of the Privacy Code, can obtain at any time indications about:
a. the origin of your personal data;
b. the purposes and methodc. data retention and processing methods;
d. the identification details of the owner and managers;
e. the categories of subjects to whom personal data may be communicated or who can learn about them as managers or agents.
The Customer may, at any time, revoke the consent to the treatment provided.s of processing;
6.0 Applicable law and competent court
The law applicable to the rental contract governed by these general conditions is the Italian law. In case of contrast in the interpretation between the Italian version and the possible courtesy translation, the Italian version will prevail over the others.
For any dispute, derivative and / or connected with the rental of the vehicle and for any action necessary for the compulsory recovery of the credit accrued by NOLO IN SA, the Court of Palermo will be exclusively competent, remaining the responsibility for the Customer qualifying as “consumer” of the place of residence or domicile pursuant to art. 33, paragraph 2, letter u, of the Consumer Code (Legislative Decree 206/2005).
7.0 Harassment clauses
The undersigned declares to expressly accept, pursuant to art. 1341 et seq. of the Civil Code, after having reread the content as it is burdensome for him, the following clauses:
2.2 – 2.4 – 2.5 – 2.6 of item 2 (Vehicle delivery)
3.2 – 3.3 – 3.6 – 3.8 of Article 3 (Rental Period)
4.0 – 4.4 – 4.9 – 4.11 of article 4 (Return of the vehicle and customer responsibility).