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General Rental Terms and Conditions

General Rental Terms and Conditions

Rental of vehicles to Customers by Stylish Rent is governed by these General Rental Terms and Conditions, the Rental Contract, the Pricelist, and the Privacy Policy in force upon signing the Rental Agreement. Upon signing the Rental Agreement, the Customer declares to have read, understood, and accepted the General Rental Terms and Conditions and, in particular, approve the following articles: 1. Vehicle pickup and beginning of rental term; 2. Assistance and replacement vehicle; 3. Insurance; 4. Customer Obligations; 5. Use of the vehicle; 6. Fire, Theft, or Damage to the vehicle; 7. In case of an accident; 8. Vehicle return and end of rental term; 9. Rental Charges; 10. Payment by credit card; 11. Customer and Agency Liability; 12. Applicable Law and Court of Competent Jurisdiction; 13. Changes to the General Rental Terms and Conditions; 14. Customer Mailing Address and Communication with the Customer.

  1. Vehicle pickup and beginning of rental term

Rental shall begin from the moment Stylish Rent (hereinafter referred to as “Agency”) or one of its representatives provides the vehicle to the Customer. The vehicle shall be provided in good condition and equipped with a warning triangle, a spare wheel or wheel reparation kit, and all the compulsory documents for circulation, including a Green Card (international insurance certificate). Upon being provided with the vehicle, the Customer shall commit to assess its condition and the presence of the compulsory equipment together with the staff member representing Agency. In particular, the Customer shall verify that the vehicle is in perfect operating condition, includes the equipment specified in the Rental Agreement, and is free of any additional items. Moreover, the Customer hereby commits to return the vehicle in the same condition as found, excluding the wear proportional to the rental term and the related mileage. It is the Customer’s duty to communicate any variations from the Rental Agreement to the authorized staff, and cross-check eventual variations with the staff before picking up the vehicle. Should the Customer not do this, he/she/it authorizes Agency to charge the cost of any variations (compared to the initial conditions) recorded upon return of the vehicle to the authorized staff.

Both the Customer and any driver authorized to driving the vehicle as specified in the Rental Agreement (hereinafter, the “Vehicle”) shall satisfy the identification and qualification requests made by Agency. They shall provide a valid ID, so that it may be photocopied. Each driver of the Vehicle commits to not providing false information concerning his/her personal information – including age, residence or mailing address, telephone number, fax number, and e-mail address – and concerning all legal requirements for driving. Both the Customer and any authorized driver shall hold a valid driver’s license from an EU/EFTA country that allows them to drive the type of vehicle rented. The license shall have been issued 36 months before the rental, and shall be provided to the authorized staff so that it may be photocopied. Should the drivers hold a license from a foreign, non-EU country, they shall hold an International Driving Permit or a sworn translation of their driver’s license. Termination of the Rental Agreement with the Customer is entirely at the discretion of Agency, in particular in case of theft, damage, or accidents that the former was held liable for occurring in previous rentals.

  1. Assistance and replacement vehicle

In case of accident, breakdown, and/or the need to tow the vehicle, the Customer shall contact – at the telephone number indicated in the documentation found inside the vehicle – Agency’s partner emergency assistance service, which is the only authorized party that may perform operations on and/or repair the vehicle. Operations and/or repairs to the vehicle commissioned by the Customer to parties not authorized by Agency shall not be refunded by any means or for whichever reason. Should the Customer request a replacement vehicle, Agency shall reserve the right to provide the replacement vehicle or not, even based upon the availability of vehicles in the place and at the time of the Customer request.

  1. Insurance

Agency hereby guarantees that – to cover the civil liability of the Customer or any other person authorized to drive the vehicle – it has stipulated an RCA (third party) vehicle insurance policy with the minimum liability coverage in accordance with current law and regulations. An extract of the policy stipulated in accordance with the law is available at our website. The policy does not cover, in any case, damages suffered by the drivers, nor their civil liability for damages to things and animals transported. Moreover, it does not cover damages due to the failure to observe width/height and/or warning street signs, or in any case consequent to the nonobservance of laws or regulations. The policy covers the civil responsibility of the driver for damages caused to third parties transported, as long as they are not family members of the Customer or driver, as specified in the extract of the insurance conditions applied to all vehicles rented out by Agency.

In case of accidents caused by the Customer due to his/her/its own fault, damages caused to the rented vehicle shall be subject to a specific cost estimate for the reparation, which shall be charged to the Customer, in case the latter should have not agreed to a reduction or elimination of the franchise clause.

  1. Customer Obligations

The Customer is considered the custodian of the vehicle, and acknowledges to not have any legal right on the vehicle. The Customer thus acknowledges not to claim any such right, and commits to:

  1. a) drive and handle the vehicle and its accessories diligently, with the utmost care, and respecting all legal provisions, regulations, and eventual warnings and precautions suggested by Agency;
  2. b) manage ordinary maintenance, lubrication, and inspection of lubricant and brake fluid levels;
  3. c) pay any fine given to him/her throughout the rental term, and refund Agency for any expense, even legal, borne as a cause and/or consequence of the rental;
  4. d) pay all the due parking fees or highway tolls throughout the rental term;
  5. e) indemnify Agency from any claim by third parties for damage suffered by or caused to goods or items transported in the vehicle;
  6. f) not smoke and not allow passengers to smoke in the vehicle. In case of extraordinary cleaning operations required, the related sum shall be charged to the customer;

In the winter, in accordance with specific legal requirements, use of winter tires or the carriage of snow chains is compulsory in certain areas of Italy. Stylish Rent provides vehicles that are already equipped with winter tires or all-season tires and, where available, provides the necessary related information. In any case, Customers commit to verifying the existence of such setup in agreement with their itinerary, and follow the related guidelines.

  1. Use of the vehicle

The Customer commits to not driving or using the vehicle:

  1. a) in countries other than those specified in the Rental Agreement, unless expressly specified in writing by Agency. For this purpose, the Green Card (international insurance certificate) – shown jointly with the vehicle documents – is not by any means an authorization, but a complement to the documents. In case of transit in countries where the Customer has committed not to enter, the insurance coverage and exclusion or limitation of liability clauses shall not be effective, and whichever cost eventually borne by Agency as a consequence of such noncompliance shall be charged to the Customer;
  2. b) for rental purposes;
  3. c) to push or tow other objects;
  4. d) under the influence of narcotics, alcohol, intoxicants, or other drugs;
  5. e) in races or competitions, on the road or on racetracks;
  6. f) for purposes violating the law, regulations, or orders of the competent authorities.

And not allowing the following persons to use it:

  1. g) unauthorized persons or persons not indicated in the Rental Agreement, namely any person that is not the Customer, including his/her/its parents, sons, spouse, brother, employer, colleague belonging to the same company, business partner, or manager (should the Customer be a company);
  2. h) persons that have provided false personal information;
  3. i) persons younger than 21, unless expressly given permission by Agency.

Unless proven otherwise in accordance with Article 1588 of the Italian Civil Code, the breach of even one of the above obligations, or the Italian traffic laws, and/or behavior that is inconsistent or opposite to due diligence, will imply the charge to the Customer of all eventual damage caused to the rented vehicle. In case of requisition or administrative detention of the vehicle, the Customer commits to pay Agency – along with the established rental fee – an amount equal to the fee paid for each day, multiplied by 100%, until the day the competent authority discharges the vehicle to Agency. Agency reserves the right to reclaim the vehicle in any place and at any time in case of breaches to this Article.

  1. Fire, Theft, or Damage to the vehicle

The Customer is held responsible for refunding Agency of any damages occurred, for whichever reason, to the vehicle throughout the rental term, as well as in case of theft or fire. The Customer shall be held responsible for the cost of repairs, the loss of earnings from rent – quantified on the basis of the current Pricelist, for the cost of towing and deposit, and for administrative expenses borne for management of any event or claim resulting from the rental, within the limits of the repair cost estimate sent to the Customer by Agency, including cost of material, cost of labor, and loss of use. Moreover, the Customer shall refund Agency for all damages to the vehicle resulting from failure to observe width/height and/or warning street signs (such damages are not covered by compulsory RCA insurance policy, as specified in article 3), as well as cockpit refurbishment or cleaning costs, should the vehicle be returned with permanent stains and/or burns at the end of the rental. Without shift of the burden of proof (reverse onus), Customers shall in any case maintain the right to prove that the non-fulfillment of their obligations and/or damages to the vehicle was due to causes beyond their control. The Customer shall pay the eventual charges for the financial liability deriving from damage, theft (even partial), or burning of the vehicle, extraordinary cleaning, tow truck, tolls, parking, administrative fines for breach in the traffic laws, as well as administrative expenses and fines for the failure to withdraw items/goods from the vehicle upon return. The methods below shall be followed for each type of event:

  1. In case of Accident

The Customer shall always be considered fully responsible for payment of the damage caused to Agency, regardless of future provisions, should the following circumstances exist:

breach in current legislation and/or in traffic laws of the country in which the vehicle was driven;

use of the vehicle for illegal purposes;

use of the vehicle in a manner that violates Article 4 of these General Rental Terms and Conditions;

return of a damaged vehicle without a statement of the conditions of the accident and the related documentation.

The Customer shall always be expected to:

immediately communicate the event to the competent authorities;

notify Agency within and no later than the 24-hour term, should the vehicle be involved in an accident or has suffered damage, even in case no third parties were involved;

note down the names and addresses of the parties involved and of witnesses;

provide any useful information to Agency;

follow the instructions that Agency will provide concerning the care and/or repair of the vehicle; commit to undersign a CID (Italian accident report) in case of an accident with a third party. The report shall be delivered by the Customer to Agency indisputably within 24 hours or within the end of the rental term when corresponding. The Customer commits to communicate to Agency, upon return of the vehicle, whether he/she/it has caused or suffered any accident.Should the Customer omit to state the occurrence of an accident he/she/it has caused or suffered, the Customer accepts – regardless of the cause of damage to the vehicle and/or third parties and without prejudice to the responsibilities outlined in the above paragraphs – the charge of a €500 fine, to cater for the administrative expenses and the increased insurance costs that Agency shall bear following the Customer’s omission.

Moreover, the Customer commits to cooperate with Agency in whichever related investigation or criminal procedure, in order to allow the latter to protect its rights against fraud or unfounded accusations.

  1. Damage to the Vehicle

The Customer shall be held responsible for all damages recorded upon return of the vehicle, including any damages not reported as previously existent in the Rental Agreement, in accordance with Article 1588 of the Italian Civil Code. The Customer shall in any case be held responsible for proving that the damage is not a consequence of his/her/its conduct or omission, and to have cared for the vehicle with the utmost diligence, given the circumstances.

To this regard, it remains understood that the eventual undersigning of any exclusion or limitation of liability clauses whatsoever shall not imply a shift of the burden of proof (reverse onus).

Agency shall appoint a third party – belonging to its network of trusted mechanics – to assess the damage charges, taking into consideration the discounted fees offered by the car manufacturers or the trusted mechanics themselves to Agency. It shall be Agency’s responsibility to communicate the amount of damage fees at a later stage, jointly with the following documents:

- vehicle return report;

- photographs of damages;

- cost estimate for repair of damages, which shall vary depending on the nature of the damage, and shall also include loss of use;

- eventual administrative expenses to manage the accident-related procedure.

  1. Vandalism, fire, theft, or attempted theft

In case of vandalism, fire, theft, or attempted theft of the rented vehicle, the Customer commits to immediately report the event to  the competent authorities, and deliver the original copy of the report to Agency.

In case of theft of the vehicle itself, the Customer shall deliver – along with the said report – the keys of the vehicle to Agency. Failure to return the keys shall make the Customer fully and personally responsible for the event, regardless of the insurance coverage undersigned. The Customer shall consequently be responsible for a refund amounting to the full market value of the vehicle, calculated based upon Quattroruote magazine estimates in force at the time of the event. In case of attempted theft or vandalism, failure to deliver the original copy of the related report to Agency shall imply, in any event, that the Customer shall pay Agency a fine amounting to the financial damage suffered by the latter. Upon undersigning the specific limitation of liability clause – included in a specific article of the Rental Agreement – the Customer shall be exempt, in full or in part, from payment of the franchise clause (see previous article) upon payment of the additional price specified thereby. In any case, the Customer shall be responsible for returning the keys to Agency within the established termination of the Rental Agreement, or in any case within 24 hours of the discovery of the theft or fire. Damages caused voluntarily or due to negligence by the Customer, damages to upholstery or roof, damages due to use of a different fuel to the one specified for the rented vehicle, damages due to repairs carried out directly by the Customer without prior consent of the Agency, and damages due to circulation of the vehicle upon existence of malfunctions shall be covered by the limitation of liability clause. Damage to car tires and rims shall also not be covered by the limitation of liability clause.

  1. In case of an accident

The Customer shall immediately or as soon as possible:

  1. a) notify Agency by phone and send it – within the following 24 hours – a detailed report, outlined in the form annexed to the vehicle documents;
  2. b) notify the closest police department;
  3. c) note down the names and addresses of the parties involved and of witnesses;
  4. d) provide any useful information to Agency;
  5. e) follow the instructions that Agency will provide concerning the care and/or reparation of the vehicle, also in accordance with the provisions of Article 2;
  6. f) commit to undersign a CID (Italian accident report) in case of an accident with a third party; the report shall be delivered by the Customer to Agency indisputably within 24 hours or within the end of the rental term when corresponding. Should the Customer not have caused or suffered any accident, he/she/it shall always communicate this upon return of the vehicle to Agency in order to safeguard his/her/its rights against fraud or unfounded accusations. Should the Customer omit to state the occurrence of an accident he/she/it has caused or suffered, the Customer accepts the charge of the related fine as specified in Article 6, paragraph A, also to cater for the considerable administrative expenses and the increased insurance costs that Agency shall suffer following the Customer’s omission.
  7. Vehicle return and end of rental term

The Customer commits to return the vehicle at the place agreed and within the agreed date and time, or before such date in case of a specific request by Agency. The Customer may extend the rental term upon request made at least 24 hours prior to the expected end of term, and upon prior consent by Agency. Should the vehicle not be returned within the established term, the Customer shall be held responsible for payment of the surcharge specified in the Rental Agreement for each day beyond the rental term, as well as all other charges specified in these General Rental Terms and Conditions and in the Pricelist, until the Agency regains possession of the vehicle. The Customer shall be held responsible to refund Agency of all expenses borne to regain possession of the vehicle, until its actual return. The rental agreement shall end the moment Agency is returned the vehicle and assesses – jointly with the Customer – its conditions upon return. The Customer commits to notifying Agency of any variation in the rental terms by means of e-mail, at the address specified at the start of the rental. Moreover, the Customer commits to await a specific authorization by Agency.

A day of rental is calculated in 24-hour periods from the time of pickup. A 59-minute tolerance period is allowed on returns. After this time, an additional day of rental shall be charged at the rate paid per day, with a 50% surcharge. For delays over 24 hours, the Customer shall be charged the rate paid per day, with a 100% surcharge, for each day or fraction of day late. The Customer shall be held responsible for returning the vehicle and the additional equipment in the same conditions existing upon pickup, excluding ordinary wear. Loss, theft, and/or failure to return keys and/or navigator CDs and/or vehicle documents, for whichever reason, implies the payment of a € 1,000.00 (one thousand/00) fine. The Customer shall be held responsible for returning the vehicle strictly to the staff authorized for drop-off at the time and place agreed. The Customer remains responsible for the vehicle in case of absence of the staff authorized for drop-off procedures. Upon return of the vehicle, the Customer shall be held responsible for the assessment of its condition, jointly with the authorized staff. In case of absence of the authorized staff, the Customer acknowledges the accurateness and validity of the assessment made by staff authorized for drop-off procedures at a later stage. Upon undersigning the drop-off form, the Customer states to have returned the vehicle in perfect conditions, or in any case conditions corresponding to those recorded in the documents undersigned upon pick-up. In case the Customer should fail to return the vehicle, Agency may regain possession of the vehicle in any place and at any time. The Customer shall be held responsible to refund Agency of all expenses borne for such purpose, in addition to the sums owed for the rental based upon the above-specified surcharges.

  1. Rental Charges

The Customer commits to pay Agency, based upon the agreed terms:

  1. a) the rate per mile and per hour;
  2. b) the rate due should the vehicle be returned in a different place from the one agreed;
  3. c) VAT;
  4. d) the balance of fines issued throughout the rental term – should they be paid by Agency – as well as highway tolls and parking fees related to use of the vehicle by the Customer, should they have been paid in advance by Agency. Should Customers fail to pay such amounts directly, they hereby expressly authorize Agency to charge the amounts to their credit card plus a 20 euros administrative fee for each fine/toll/fee. The Customer commits to provide to Agency all reports issued to the former by public authorities, within 48 hours. Should the Customer fail to do this, he/she/it shall be liable for whichever damage suffered by Agency, even indirectly, due to the failure to promptly provide the documents. In case of a request by public authorities, Agency has the obligation to provide them the name or names of the driver/s, who shall receive the notice of the fine for its payment, and for the eventual subtraction of points on their driver’s licenses.
  5. e) administrative expenses for the payment procedure for highway tolls, parking fees, and/or management of accident-related procedures;
  6. f) payment of surcharges;
  7. g) all expenses or taxes borne by Agency to obtain the payment of all the sums due by the Customer;
  8. h) (in case the Customer has not purchased the “Fuel Purchase Option”) the sum required for the fuel tank to reach the same level of fuel as at pickup, in accordance with the specifications thereinafter;
  9. i) cockpit refurbishment or cleaning costs, should the vehicle be returned with permanent stains and/or burns at the end of the rental term;
  10. l) costs for repair of the damaged vehicle;
  11. m) costs for disposal of objects abandoned by the Customer in the vehicle;
  12. n) refund of expenses borne to regain possession of the unreturned vehicle at the place agreed upon – whichever the cause – and sums paid to the injured party in case of accidents caused by the Customer;
  13. o) the sum due for whichever additional service the Customer has benefited of or purchased upon renting the vehicle.

The rate per mile is calculated based upon the speedometer measurement. The Customer is held responsible for periodically checking whether the speedometer works or not, and commits to inform Agency immediately of any technical issues, following – in this case – the instructions imparted by Agency itself. Should the speedometer appear tampered with or broken upon return, Agency shall apply the unlimited mileage fee. Each time the fee is calculated in proportion to the number of days, “days” refers to a 24-hour period starting from the time of pickup by the Customer, unless it is specified that the fee be calculated otherwise. In terms of special indications concerning fuel, the Rental Agreement contains specific information on the quantity of fuel present in the tank upon pickup, and the quantity it shall thus contain upon drop-off (this shall be equal to the quantity present upon pickup, normally a full tank). Eventual fuel missing upon return shall be charged to the Customer in accordance with the current market price in surrounding gas stations, as well as a €30.00 refueling service charge. Should the Customer have chosen the Fuel Purchase Option, he/she/it shall not be held responsible for refueling before returning the vehicle. No refund for unused fuel shall be offered in case the Fuel Purchase Option has been chosen, unless the vehicle is returned with a full tank: in this case, the Fuel Purchase Option shall be refunded to the customer.

  1. Payment by credit card

Upon renting the vehicle, the Customer shall provide a valid credit card on which to charge all sums due for the rental, unless otherwise, expressly authorized by Agency to rent using a different payment method. In any case, Agency may at its full discretion refuse to rent the vehicle to the Customer. Upon providing the credit card details, the Customer authorizes Agency to charge to it the sums due for and as a consequence of the rental, as well as the sums due upon termination of the contract, including refunds, fines, highway tolls, parking fees, administrative expenses, vehicle repair costs as a consequence of damages not covered by the insurance policy, refurbishment or cleaning costs (should the vehicle be returned with indelible stains and/or burns), costs for disposal of objects abandoned by the Customer in the vehicle, and all other rental fees as specified in article 9. For rental terms greater than 30 days, the payment of the rental fee shall be paid in advance, and the card shall be charged every 30 days until the end of the rental. In case of renewal of monthly or multi-month rental guaranteed by means of credit card, payment of the rental fee shall occur within 5 days of renewal; should this not occur, the Customer shall be required to immediately return the vehicle, and Agency shall regain physical possession of the vehicle. The Customer shall refund Agency for all expenses borne for this purpose. The Customer hereby commits to pay Agency a security deposit amounting to the sum specified, based upon the category of the rented vehicle, in accordance with the Pricelist and as specified in the Rental Agreement. For this purpose, the Customer authorizes Agency to charge his/her/its credit card a sum serving as a guarantee for payment of eventual, additional rental costs. The security deposit shall be charged to the Customer’s credit card 5 days before the start of the rental or upon booking, should this occur during the 5 days prior to pickup. The 20% of the total reservation amount is charged to the customer at the time of the reservation. The balance and the amount of the security depositi s charged 5 days before the beginning of the rental. In case of cancellation 6 days before the beginning of the rental, the 20% amount charged as deposit will be refunded. No refund is possible for any later cancellation.

  1. Customer and Agency Liability

The Customer undersigning the Rental Agreement shall be held liable for the obligations specified thereby, as well as the actions and/or omissions of whoever may drive the vehicle. Moreover, the Customer shall be held responsible for all damage caused to the vehicle throughout the rental, for all costs that Agency should bear as a result of the rental (i.e. fines issued throughout the rental term, damage caused to a third party throughout the rental term), and for late return or failure to return the vehicle, in accordance with Article 8. Customers may choose to partially limit their liability for the rental, or to fully limit it to each of the above-specified events, upon payment for an additional limitation of liability clause – which in any case has no insurance value – in accordance with the terms and conditions specified in the Pricelist. In any case, undersigning the limitation of liability clause shall not protect the Customer in case of breach in these General Rental Terms and Conditions. Any limitation or exclusion of liability shall not be effective or in any case would be deemed invalid in the event of damage caused voluntarily or due to negligence, violating the traffic laws or the measures of these General Rental Terms and Conditions. Limitation or exclusion of liability shall not be effective for damages included in the so-called “exceptions”, in accordance with the specifications in the Pricelist, including but not limited to damage or theft of tires and/or rims, or damage to the roof. Agency shall not be held liable toward the Customer or whichever other individual for damage of any nature, including financial damage, suffered by the latter physically or in terms of possessions, due to vehicle breakdown or malfunction – either existent or coming into existence, late return or failure to return the vehicle, handover of a vehicle of a different category from the one booked, theft, accident, fire, earthquake, war or other force majeure causes – meaning, in accordance with the law, an irresistible, unpredictable, extraordinary event, beyond control of the parties, and which prevents the fulfillment of their obligations. Agency shall not be held liable for the custody of items eventually found inside the vehicle upon termination of the rental, and costs of disposal shall be in any case charged to the Customer.

  1. Applicable Law and Court of Competent Jurisdiction

The Rental Agreement, in accordance with these General Rental Terms and Conditions, shall be subject to Italian law. Any dispute, arising as a consequence of and/or related to rental of the vehicle, for any action necessary for the enforced recovery of the credit due to Agency, shall be governed by the Court of Competent Jurisdiction in Rome, with the exception of events governed by Article 33, paragraph 2, letter (u) of the Codice del Consumo (Italian code for the protection of consumers, Decree-Law no. 206/2005), which shall be governed exclusively by the Court of Competent Jurisdiction in the town of legal headquarters or residence of the Customer.13. Changes to the General Rental Terms and Conditions

No changes shall be applied to these General Rental Terms and Conditions without prior, written consent by a representative of Agency, holding a specific, written power of attorney.

  1. Customer Mailing Address and Communication with the Customer

The Customer hereby states that his/her/its mailing address shall be the address communicated to Agency in the Rental Agreement. Unless otherwise specified by the Customer, contract-related communication shall occur by means of the e-mail address specified by the Customer.