1. Description of the service
1.1. The service includes: vehicle rental for the no. of days and kilometers indicated in the contract, insurances: civil liability (insures against damages caused by third parties, maximum coverage € 5.164.568,99), "carta verde" (international EU insurance coverage), theft and fire (insures against the total or partial loss of the vehicle owing to theft or fire (deductible sum amounts to 10% minimum € 1.500), special events (as a consequence of strikes, riots, acts of vandalism and harmful acts in general, terrorism, sabotage, floods, storms, hail, etc. (deductible sum amounts to 10% minimum € 1.500), accidental damage insurance (insurance against damages to the vehicle as a result of crashes, collisions, overturning - fixed deductible sum amounts to € 1.500), injuries to driver, civil liability of vehicle when on private property, civil liability of the people on board for damages involuntarily caused to third parties in connection to events caused by movements of the insured vehicle, reimbursement of expenses for damages caused by the occasional transport of road accident victims, civil liability for children under-age, legal coverage following an accident, vat, oil, maintenance, mechanical breakdowns not due to negligence or misconduct on the part of the Customer.
1.2. The service does not include: fuel, final cleaning of the vehicle and emptying of the tanks, flat tires, damaged tires and hubs, cooking/heating gas tanks, wc chemicals.
2. Use of the vehicle
2.1. The rented vehicle shall be used in such as way as to always remain covered by the insurance which has been made for it.
2.2. The Customer undertakes to use the vehicle with due diligence, so as to warrant the safety of the persons on board and the integrity of third parties, things and of the rented vehicle itself. specifically the vehicle will not be able to be used and driven as follows:
a) for purposes other than the transfer and lodging of people. the following activities are not compatible with the present contract:
1) sub-rental of the vehicle;
2) lending of the vehicle free of charge to persons which are not included in the list of crew members;
3) the use of motor caravans for any commercial purposes, in whatever form, such as the transport of persons or things against payment, the sale of goods, etc.;
b) in overload conditions and with on board a greater number of persons than that authorized on the vehicle registration papers;
c) on non-paved roads or "off road";
d) by persons aged less than 21 (and who have had their driving permit for less than two years) or who are aged above 70 and/or without a valid driving permit;
e) by persons whose conditions are not adequate or do not comply with the provisions of the traffic regulations of the country in which the vehicle is being used (tiredness, drunkenness, invalidity (even if temporary, affected by the use of drugs, etc.);
f) for illegal purposes;
g) for the towing of trailers not authorized by the Transwe.it s.r.l.;
h) for races or competitions;
i) at speeds higher than those permitted by the traffic regulations of the country in which the vehicle is being used or by the maximum limits set by the manufacturer;
2.3. use of the vehicle in violation of even just one of the provisions laid down in clauses 2.1, 2.2 and 2.3 will entail the loss of the entire guarantee deposit paid and the immediate confiscation of the vehicle. In addition the Customer will be liable for all damages caused to the vehicle, to the Transwe.it s.r.l. and to third parties. All liabilities, be they civil, penal or administrative, that should result from the violation of this clause shall be solely of the Customer. The Customer shall promptly reimburse the Transwe.it s.r.l. any amounts paid in advance by the Center for possible violations or it shall proceed to the direct payment of the same.
2.4. the Customer declares that he is aware of the regulations which govern vehicle insurance in Italy, the clauses of the Italian traffic regulations and the regulations which are enforced in the country in which the vehicle will be used.
2.5. Safekeeping of the vehicle: when not traveling, the Customer undertakes to leave the vehicle in a guarded parking lot, and, in any case, duly locked. The Customer shall be answerable and thus liable for all of the possible damages which in some way can be traced back to a poor safekeeping of the vehicle according to the provisions specified. Where said damages exceed the amount of the guarantee deposit paid by the Customer, the Customer shall cover the damages in full even beyond the amount of the guarantee deposit.
2.6. Animals: authorization for the transport of pets shall be given by the Transwe.it s.r.l. on a case to case basis.
3. Insurance
3.1. The insurance coverage is described in clause 1.1. The Customer undertakes not to adopt a conduct or bring about events which could make the insurance coverage guaranteed by the policies described in point 1.1 void or null. The Customer declares to have read and accepted this clause and the general insurance terms and conditions.
3.2. The personal belongings, clothes and other things carried are not covered by the insurance. Furthermore, the insurance is null in case of driving in a state of drunkenness, or under the effect of drugs or if the Customer has supplied false information as to his identity, address, etc. or has presented false or inexact documents.
3.3. Furthermore, the insurance is valid exclusively in the countries listed in the "carta verde" and it is thus prohibited to travel with vehicles rented from Transwe.it s.r.l. in countries not listed in the "carta verde".
4. Liability (penal and civil) of the Customer - damages to the vehicle and to Transwe.it s.r.l
4.1. the Customer shall be directly liable for all violations of the road and parking regulations.
4.2. in each case of theft of the vehicle, of all or part of its equipment, in case of fire or accident, the Customer shall notify Transwe.it s.r.l. within 24h by telegram or fax., failing which he shall be directly liable for all of the damages or loss resulting from his failure to inform the company, be they damages to the vehicle, Transwe.it s.r.l. or to third parties.
4.3. in the case of damages to goods belonging to third parties, or to third parties, the customer shall fill in the "modulo di constatazione amichevole di incidente" (the amicable declaration form for collecting the data regarding the accident) and possibly make the other party sign it too. In all other cases the Customer shall require that the police authorities intervene and he shall ensure that the written reports and accident declarations be filled in with all the personal data and addresses of all of the persons involved and of possible witnesses and with the license plate numbers of the vehicles involved. The customer shall obtain copy of the afore mentioned documents from the police authorities and send copy thereof to Transwe.it s.r.l. withion 48 h of the accident. The Customer shall not take on any liabilities, nor represent nor in any case bind Transwe.it s.r.l.
4.4. furthermore, the Customer shall be liable, where he is responsible for the damages caused, for the daily cost of the vehicle while immobilized for repairs. This cost shall be calculated on the basis of the rental cost per day during the period in question.
4.5. in case of damages brought to the vehicle, the Customer also authorizes Transwe.it s.r.l., to withhold the entire guarantee deposit until reimbursement from the insurance company. The guarantee deposit shall be returned to the Customer upon reimbursement of damages from the insurance company, less the amounts not reimbursed by the insurance and less the deductions provided for in the general terns and conditions as may apply.
4.6. in case of violations of the traffic regulations and pursuant to clauses 6 and 7 below, the Customer shall be responsible for the entire damage or loss.
5. Lability of the rental Center - damages to the Customer
5.1. Transwe.it s.r.l. does not take on any liability for the possibile damages which the crew of one of its vehicles or their goods may incur after handing over the vehicle to the Customer.
5.2. Transwe.it s.r.l. shall similarly not be liable for any shortcomings, breakdowns or other vices which are not indicated in the pick up and drop off conditions checklist which the Customer shall have filled in together with the head of Transwe.it s.r.l. or one of its agents.
5.3. Transwe.it s.r.l. shall not be liable either for possible problems that might arise due to involuntary delays, mechanical breakdowns, negligence of the rental team, the cancellation or delays of the rental trip owing to illness, natural calamities, strikes, wars, weather conditions, quarantines, etc.
5.4. in the case the Customer is forced to suspend the trip, he shall immediately notify Transwe.it s.r.l., or in any case do so within 24 hours, so that the Center can organize the return of the vehicle in the most adequate way, debiting the corresponding expenses to the Customer.
5.5. Similarly Transwe.it s.r.l. shall not be liable for problems or delays which are involuntary or not due to Transwe.it s.r.l. which may arise before the delivery of the vehicle or at the time of the delivery itself.
5.6. Transwe.it s.r.l. shall also not be responsible for any event which might arise after the delivery of the vehicle which might make the use of the vehicle either partly or completely impossible, such as an illnesses or other impairment of the Customer, including the impossibility to use the vehicle as planned, for accidents - even if caused by third parties and covered by the insurance - natural calamities, strikes, wars, quarantines, theft of the vehicle, etc. In these cases the Customer shall pay the entire rental.
5.7. Transwe.it s.r.l. reserves the right to delay the beginning of the rental for which this contract has been made in the case of mechanical breakdowns, or other delays or impairments due to acts of God. In case of delays of over 48 hours, Transwe.it s.r.l. shall promptly inform the Customer who shall riserve the right to obtain the reimbursement of the full amount paid and the rescission of the contract, without Transwe.it s.r.l. having to reimburse anything extra.
6. Conditions of the Vehicle
6.1. the Customer declares to have inspected the vehicle and the standard equipment on board and to have attested its working order and the absence of vices and that the equipment on board corresponds to the list of equipment attached.
6.2. the vehicle shall be returned in the same conditions in which it was delivered, that is, with a full tank of gas, a full level of oil, in good hygienic conditions. It shall be perfectly clean both in side and out and the wc and gray water tanks shall be emptied (the discharge valves shall be left open). Shall the Customer fail to perform these tasks, the corresponding material and workmanship costs shall be deducted from the guarantee deposit.
6.3. the Customer shall reimburse Transwe.it s.r.l. for all damages, losses or vices brought to the vehicle or its equipment which shall be noticed upon the return of the vehicle or, if not immediately noticeable, which shall be notified to the Customer within 24 hours.
6.4. odometer - in the event that the odometer breaks, the Customer shall promptly notify Transwe.it s.r.l. In case Transwe.it s.r.l. notices upon the return of the vehicle that the odometer has been, the Customer shall be charged the equivalent of 400 km per day for each day of the rental.
6.5. Maintenance: the Customer undertakes to carry on the maintenance of the vehicle rented to him with due diligence in accordance with the maintenance manual of the manufacturer, to protect the water pipes from freezing, to change the oil in the motor, should the oil change be scheduled during the rental period, (the cost of the oil change shall be reimbursed in full by Transwe.it s.r.l. upon presentation of the corresponding invoice) and to perform all that is necessary to keep the vehicle in good working order.
7. Mechanical breakdowns
7.1. all expenses related to mechanical breakdowns, not caused by a lack of diligence on the part of the Customer or to actions thereof, shall be reimbursed by Transwe.it s.r.l. upon the return of the vehicle upon presentation of the corresponding invoice made out to Transwe.it s.r.l. and detailing all of the repairs made. Any spare parts that are replaced shall be returned to Transwe.it s.r.l.
7.2. Authorization of Transwe.it s.r.l. must be requested for repairs amounting to over €150.
7.3. Repairs shall in any case be made, whenever possible, by mechanics approved by manufacturer of the vehicle.
7.4. The Customer undertakes to solve any problems that might arise during the rental, on the basis, whenever possible, of the suggestions given by Transwe.it s.r.l.
8. Pick up and Drop off
8.1. The pick up and drop off of the vehicle shall be made at Transwe.it s.r.l. specified in the contract.
8.2. The rental period may begin and end on any day of the week, exception made for Sundays and holidays.
8.3. Should the vehicle not be delivered at the location agreed upon in the contract, the costs of the pick up of the vehicle, of its return to the agreed drop-off location and of additional days exceeding the agreed rental period shall be debited to the Customer according to the price list.
9. Delays
9.1. Should the Customer delay, for whatever reason, in returning the vehicle, he shall give notice thereof to Transwe.it s.r.l. by telegram or fax. Whenever possible, Transwe.it s.r.l. shall authorize the delayed return specifying the new terms and conditions thereof.
9.2. The duration of the rental period cannot be extended unless confirmation is received from Transwe.it s.r.l. Confirmation must be requested at least 2 days prior to the deadline. If no notice is given, Transwe.it s.r.l. reserves the right, after two days of the scheduled drop off date, to report the failure to return the vehicle to the police authorities.
9.3. In any case, if not agreed upon the delayed return of the vehicle shall be debited to the Customer at a cost four times the daily rental rate for each day of delay or part thereof. Authorised delays will be debited at the standard rate indicated in the price list.
10. Controversies
10.1. In the case of controversies, the lawcouts of Como shall have jurisdiction, unless otherwise provided for by law.
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