The rental company CIMT di Francesco Emilio Venzi (“CIMT”)
rents to the Client (the “Client”) vehicles according to the below
General Rental Conditions, which are an integral part of the
rental contract.
RECITALS
The Client possesses a driving licence valid for the type of
vehicle rented from CIMT, and is above 25 years of age. While
utilising CIMT’s vehicles, it is the Client’s own responsibility to
make use of the compulsory protective helmet and of adequate
clothing. According to the type of vehicle model, vehicles may
be equipped with lateral bags, box at the back, alarm, and
other accessories. The deposit indicated in the Rental
Agreement (hereinafter referred to as the “Deposit”) the is to
be paid by credit card or POS/BANCOMAT, and will be
refunded within 8 days following the return of the vehicle to
CIMT, save any additional processing bank days not
dependent on CIMT. Any guarantee deposit will be refunded to
the Client within 30 days from the return of the vehicle to CIMT,
and will be refunded net of any amount due by the Client.
1. DELIVERY AND RETURN OF THE VEHICLE
Vehicles are delivered by CIMT to the Client at the rental
station notified upon booking, and will be returned at the rental
station agreed for return, at the date and time indicated in the
rental contract. Vehicles are delivered to the Client in good
order and in good operating conditions. It is the Client’s
responsibility to check the overall conditions of the rented
vehicle, and to notify CIMT immediately, verbally or preferably
in writing, of any remark on the state of the vehicle. CIMT
retains the right to cancel the rental contract, and to take
possession of the vehicle at any time, in case the vehicle
utilisation is contrary to paragraph 5 below, and/or in if any
accounting, administrative, or legal anomalies are present. All
costs for retrieval of the vehicle will be charged to the Client’s
account. It is not allowed to return the vehicle outside working
hours of the rental station agreed for the return.
2. DAMAGES, THEFT AND FIRE OF THE RENTED
VEHICLE.
The Client shall be always directly liable towards CIMT or the
owner of the bike, if different from CIMT, (hereinafter the
“Owner”), for the theft and fire of the rented vehicle and for all
damages and for the relevant expenses that affected the
rented vehicle during the rental period, even if these damages
and expenses has been caused by theft or by pure chance. In
these cases the liability of the Client is conventionally limited
to a sum equal to the Deposit on condition that :
1) the damages, the theft and/or fire have not been caused by
the malice and gross negligence of the Client;
2) the Client has immediately reported the fact to the Police
and to CIMT (the Client shall return the keys and all the
relevant documentation of the vehicle to CIMT);
3) the Client has duly observed the clause 5 of this general
rental conditions.
3. CHARGES.
Upon request by CIMT, the Client will pay or refund CIMT in
the amount of:
(a) Any amounts due under the vehicle time-usage and
kilometres-usage according to the tariffs shown in the rental
contract; minimum rental charges are equivalent to twelve
hours rental. Any delays in vehicle restitution in excess of sixty
minutes will involve extra charges equal to one extra day of
rental, for every day or fraction of delay. Return of the vehicle
outside working hours of the rental station agreed for the return
will involve extra charges, as if the vehicle had been returned
only at the next opening time of the rental station agreed for
the return;
(b) Any amounts due for exoneration from damages, theft, or
fire, according to the tariffs indicated in the rental contract, if
applicable;
(c) Any amounts due for damages and refunds to CIMT or to
the Owner and as per above art. 2;
(d) An amount of 25€ (euro) for refuelling charges incurred by
CIMT, in the event that the vehicle is returned with less fuel
than that originally supplied by CIMT;
(e) Any amount due for failure to return the vehicle to the rental
station agreed for collection, inclusive of any vehicle
transportation and recovery costs incurred by CIMT, save for
vehicle malfunctioning imputable to the manufacturer of the
vehicle;
(f) Any amount of taxes and duties applicable to the rental
contract, and any penalties and fines imposed on CIMT for any
delay by the Client in payment of such taxes and duties;
(g) Any amount due in relation to fines, penalties, legal
expenses and any other such expenses (including operating
costs incurred by CIMT and/or by the Owner for retrieval of the
vehicle), that derive from the Client’s vehicle utilisation, with the
exception of any administrative or legal costs imputable to
CIMT’s negligence. Even in the latter case, however, the
Client will still be responsible for its own unlawful actions and
any direct responsibility towards the relevant Authorities;
(h) Any passive interest amount incurred by CIMT during the
process of credit recovery, as calculated daily in the amount of
the official discount rate plus five percentage points. The Client
will also be liable for any legal and other expenses incurred by
CIMT during the process of credit recovery.
The Client accepts that its credit card be debited for the rental
charges and penalties and costs described in this article, after
notification in writing, or by email, or fax, of the amounts to be
debited, which will include a description of the relevant debit
items.
4. LIMITED LIABILITY OF CIMT AND OF THE OWNER OF
THE VEHICLE.
In accordance with the existing Legislation, CIMT and the
Owner will not be liable and the Client waives any claims
he/she or his/her heirs o his/her successors in interests may
have against CIMT and the Owner for every damages incurred
by the Client or any third party in conjunction with the use of
the rented vehicle, or for loss or damage to the personal
belongings of the Client, or for damages deriving from late
return of the rented vehicle or from vehicle failures or any
occurrence outside the control of CIMT and of the Owner.
5. CONDITIONS FOR RENTAL.
The Client will maintain and use the vehicle with the required
good man’s judgement, and in particular the Client will not
permit that the rented vehicle be used:
(a) For the commercial transport of people or items;
(b) For pushing or pulling other vehicles or trailers or other
items;
(c) For participation in racing competitions or competitive test
runs or similar;
(d) By the Client or the driver under the influence of alcohol,
drugs, narcotics, or any other substance that may impair
comprehension or the ability to react;
(e) In violation of any customs regulation, road code regulation,
or other regulations;
(f) By anyone other than the Client itself, unless the driver or
drivers names be previously agreed in the rental contract and
authorised by CIMT;
(g) Outside of Italy, without approval from CIMT, and/or without
the additional insurance that may be required;
(h) For use in the “A” driving license exam. An ad-hoc rental
contract is available instead;
i) For any type of sub-rental, in any guise whatsoever. The
Client must use all available anti-theft devices, whenever the
vehicle is left parked, even if the vehicle is parked in confined
spaces or secured or guarded lots.
6. INSURANCE FOR THE LIABILITY IN TORT AS
PROVIDED BY THE ARTICLE 2054 OF THE ITALIAN CIVIL
CODE
CIMT or the Owner only provides the rented vehicle with
insurance that cover the liability in tort towards third parties
deriving from the movement of the vehicles as per the article
2054 of the Italian Civil Code. This insurance covers the driver
of the rented vehicle upon signing of the rental contract or
authorisation in writing by CIMT, and in no other instances
(hereinafter referred as to “Insurance”). The maximum sum
payable by the insurer as per the Insurance is 1.582.284,54
Euro. The insurance does not cover the liability of the Client
and/or driver of the rented vehicle if the damages to third
parties are caused by gross negligence or malice of the Client
and driver. The Client accepts the Insurance as adequate and
undertakes to indemnify and keep harmless, without limitation
of time, CIMT and the Owner for every liability and/or damage
not covered by the Insurance. Upon request, the Client may
review the contents of the relevant insurance policy.
IMPORTANT. Every damage caused by the Client to
vehicles owned by CIMT different from the rented vehicle
and every damage caused by the Client to the driver of
these vehicle are not covered by the Insurance and will be
at expenses of the Client without any limitations.
7. ACCIDENTS AND DAMAGES.
The Client must notify CIMT of any accident and damages to
the vehicle or caused by the vehicle within 24 hours of their
occurrence.
The Client must request the intervention of the relevant
Authorities whenever possible (and always in case of physical
damage to the Client, to any passengers, or third parties). The
Client must immediately report the event to the relevant
Authorities when necessary (e.g. in case of vehicle theft and/or
damage), and within 24 hours also send copy to CIMT of the
report filed with the relevant Authorities. In the event of an
accident, the Client must compile the report “Rapporto di
sinistro" (which is enclosed to the vehicle’s documents), and
hand it in at CIMT upon return of the rented vehicle. The Client
is responsible for collecting all data from any witnesses and
other vehicles involved in the accident, and in any case the
Client is responsible for collecting all data necessary to the
determination of the responsibility for the accident. The Client
agrees to co-operate with CIMT, with the Owner and with their
insurance companies in any investigation or legal proceedings.
8. FAILURES, DAMAGES.
In the event of failures and technical damages to the vehicle
that are not imputable to the Client, and that make it impossible
to continue the trip, CIMT will immediately replace the vehicle if
possible. Otherwise, CIMT will refund the portion of the rental
charges applicable to the remaining unused rental period to the
Client. The above-mentioned refund or vehicle substitution do
not apply in case of failures and damages not covered by the
applicable insurance cover. The Client must notify CIMT
following to the instructions contained in the vehicle’s
documents. The Client will not act of its own initiative, but will
instead follow the instructions and expressed authorisations by
CIMT. Abandoning of the vehicle, or using the vehicle outside
of Italy without authorisation, will result in loss of the possibility
to benefit from the “Courtesy Service”, and the Client will be
liable towards CIMT for any direct and indirect expenses
incurred by CIMT while retrieving the vehicle. The Client is not
entitled to the refund of any expenses incurred to repair the
vehicle, other than those expenses expressly authorised by
CIMT. In case of flat tyres and/or damages to the tyres, the
Client is responsible for the replacement at its own expenses
of the damaged tyres. Return of the vehicle with repaired tyres
only is not acceptable.
9. JOINT AND SEVERAL LIABILITY.
The signatory to this rental contract acknowledges that it
retains joint and several liability with the person and/or
Company whom it represents for any obligation towards CIMT.
10. PERTINENT COURT.
In case of disputes, the only competent court will be the
Viterbo Court.
11. LANGUAGE
In case of dispute, the Italian language version of this text
prevails over any translation in other languages.
I declare to have carefully read these General Rental
Conditions.