DRIVALIA S.p.A. 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 www.drivalia.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 www.drivalia.it.
A) Insurance coverage (RCA) an Equipment - The insurance for DRIVALIA S.p.A. 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 S.p.A.re-wheel or tyre repair kit, reflector jacket, and all the equipment required according to the law. The Customer is responsible to return the above mentioned in a perfect state of repair.
The electric and hybrid cars in the DRIVALIA fleet can be equipped with a standard domestic charging cable (3KW), a type 2 cable (22 KW) and an RFDI Card EnelX charging card, whose theft, loss, damage and/or tampering will lead to the application of the relative penalty, as better specified in the Terms and Conditions document on www.drivalia.it.
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 DRIVALIA S.p.A.. The vehicle is delivered in perfect conditions and must be returned to DRIVALIA S.p.A. 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 DRIVALIA employee on the Check-in report where the actual conditions of the vehicle and fuel level must be written. For electric or hybrid vehicles, in addition, the return of charging cables and the EnelX RFDI Card has to be checked. Without the above-mentioned signature, DRIVALIA’s determinations will be valid and accepted by tacit agreement. If at time of check in damages on the vehicle are ascertained, DRIVALIA S.p.A. will inform the Customer by email, enclosing relevant pictures and certified evaluation issued from an independent body and will ask for Customer’s comments about. Unless the Customer can prove that, the damage was a result of a cause not attributable to him as provided for in art. 1588 of the Italian Civil Code, DRIVALIA will then proceed in charging the penalty amount according to letter F of this contract, on the Customer’s credit card.
In case special cleaning of the vehicle is required at the return of the car, DRIVALIA will charge the extra cleaning service to the Customer by informing and sending him the related documentation. The vehicle must be returned to the rental location in the day scheduled at time of booking. If the Customer wishes to modify the time limits (place, date, time) he will need the prior written approval from DRIVALIA S.p.A., contacting DRIVALIA S.p.A. at least 24 hours before agreed return date. 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 DRIVALIA S.p.A.’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. The vehicles are not allowed to be returned outside Italy. If when returning the vehicle the keys are not also returned because of loss, or for any other reason, or are returned damaged and/or tampered with, the Customer will be held responsible for the payment of a contractually predetermined penalty, with the exception of cases with evidence which shows that the damage cannot be directly attributed to the Customer, as provided by art 1588 c.c. The same penalty will also be applied in case of loss and and/or damage of the vehicle’s license plate.
C) Rental guarantee by financial credit card - The Customer, signatory of the contract (first driver), is required to provide a financial credit card to guarantee the rental service. The card must be issued in the same country of residence of the customer. To this end, a security deposit will be required by authorization on the same credit card. The amount of the deposit will be equal to the amounts specified in the Terms and Conditions document on the drivalia.it website. The guarantee deposit will be unblocked in whole or in part, against the sums due to DRIVALIA S.p.A. 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 chance relating to the rental and the agreement. For the DRIVALIA Cloud subscription service, except for subscriptions relating to premium cars (car groups F, Q, T, W, V, S, K, Z, $), the customer, signatory of the rental agreement, must provide a credit card made out to him, which must be presented at the moment of pick-up of the vehicle to confirm the validity of the above mentioned method of payment.
For premium cars (car groups F, Q, T, W, V, S, K, Z, $), also for subscription services, the customer, signatory of the rental agreement, must provide 2 financial credit cards in his name and both issued in the same country of residence of the customer, in order to allow the acquisition of a security deposit on both cards. The amount of the deposit that will be taken on each card presented will be equal to the amounts specified in the Terms and Conditions document on the drivalia.it website.
In any case, cash, debit cards, Visa Electron, prepaid or rechargeable cards, Diners Club circuit cards 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 cannot be attributed to the Customer, as established by art 1588 c.c. The Customer, for Diesel vehicles that are equipped with it, is responsible for supplying the car with the AdBlue additive. Furthermore, the Customer shall verify regularly the levels of engine oil, cooling liquid and brakes fluid and in any case 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 DRIVALIA S.p.A. 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 DRIVALIA S.p.A. and upon the presentation of the parts which have been replaced. In case of breakdown, the Customer will contact DRIVALIA S.p.A.’s Assistance and the nearest DRIVALIA Location for assistance and/or the eventual replacement of the vehicle. During the winter period, with the occurring of low temperatures and anyway when transiting in mountain areas, the Customer is required to add the required antifreeze additive to the fuel and store the vehicle in covered parking areas. If these precautions are not taken, the Customer will be held financially responsible for any damage caused by such negligence. In case of damage or breakdown the Customer will call the DRIVALIA Assistance Service and will contact the closest DRIVALIA S.p.A. branch for further assistance and/or the possible replacement of the vehicle.
If the request for road assistance or the mechanical failure is attributable to the Customer's fault, the latter will be required to pay back DRIVALIA for the costs of roadside assistance.
E) Use of vehicle - The vehicle shall be driven by the Customer or by one or more additional drivers, if indicated on the front page of this Rental Agreement, provided that they are at least 21 years old, in possession of a full driving license valid from at least 12 months, another valid identity document and fiscal code. For the DRIVALIA CarCloud subscription, service the client is required a driving licence valid and issued at least since one year, tax code and valid identity document (identity card and/or passport). Driving licenses printed with non-Roman Alphabet (Arabic, Chinese, Japanese, and Cyrillic etc.) must be complemented by an International Driving License. DRIVALIA S.p.A. reserves the right not to provide a vehicle to the Customer in case the documents presented by the Customer are not considered sufficient. The vehicle can’t be driven from other persons than the ones indicated on the front of this rental agreement, unless prior written authorization from DRIVALIA S.p.A..
It is strictly forbidden, under penalty of termination of the contract, that a customer may rent more than two vehicles and each user may be the owner of only one DRIVALIA subscription service.
Any infringement to the Road code will be considered 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) Go abroad except in cases where written authorization is provided by DRIVALIA S.p.A
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, DRIVALIA 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, DRIVALIA reserves the right to apply a specific rating according to the car group rented. In any case, DRIVALIA S.p.A. reserves the right to take action in the event of any major damage.
DRIVALIA reserves the right to request the customer to return the vehicle at any time, in order to inspect and verify its status with at least 48 hours' notice. In the event the customer does not provide this request, the rental company will be able to terminate the contract pursuant to art. 1456 of the Italian Civil Code.
F) Services included in the rate and optional
- Basic Service CDR* Damage: CDR service is included in all of DRIVALIA S.p.A.’s rates, by convention equal to the 22% of the applied rates. It is not an insurance coverage, but a conventional reduction of the Customer’s responsibility in the event of traffic accidents or damages to the rented vehicle due to an accident with at least another vehicle being involved or without counterparty. 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 1200,00 and a maximum of euro 3500,00 as specified In Terms and Conditions available on drivalia.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 DRIVALIA S.p.A.’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/partial theft or fire. With TP the Customer will be charged for an amount depending on the rented car group between a minimum of euro 2000, 00 and a maximum of euro 5000,00 as specified In Terms and Conditions available on drivalia.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 DRIVALIA. In case of total, partial theft or damage due to fire taking place in Campania, Puglia, and Calabria or in the town and province of Catania, DRIVALIA will not provide any replacement car 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, weather damage, damage caused by vandalism, to windows/windscreen, roof, underbody, wheels and tires, and interiors
- Exceptions for SUPER COVER service Theft: In the event of partial/total theft or fire taking place in Campania, Puglia, Calabria or in the town and province of Catania, the Super Cover service does not waive the penalty in full, but reduces the amount chargeable by 50% of the penalty which will vary depending on the rented car group as better specified in T&C present on website www.drivalia.it. Furthermore, DRIVALIA S.p.A. reserves the right not to provide a replacement vehicle to the Customer.
-Optional G&T “Glass and Tyres” service: It is not an insurance coverage. If requested and signed for on the rental agreement at the moment of pick up, this service eliminates the amounts due by the Customer for any damage occurring to glasses and tyres of the vehicle.
Damage to glass and tyres caused by vandalism or weather events remains excluded from the coverage.
* CDR, TP and SUPER COVER, G&T services are not valid:
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 DRIVALIA 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 DRIVALIA - S.p.A. in writing within 24 hours from it or at the moment of drop off, using the specific form (CAI) 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 DRIVALIA S.p.A., 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.drivalia.it/ in Rental Service section. The Customer must provide communication about the accident even in case Super Cover service has been included in the rental. The Customer is aware that the vehicle could be equipped of satellite tracking devices enabled to collect data of vehicle utilization as well as of data of accident occurred during road traffic. Such data will be processed and gathered from the Company handling them to be then forwarded to the Insurance Company of the vehicle and to the law enforcement.
H) The Customer undertakes to pay DRIVALIA S.p.A. 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 DRIVALIA S.p.A. in a place different from where the vehicle was initially delivered, calculated on the basis of the foreseen rate (One Way service);
3. Refuelling 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.drivalia.it/ section “Rental Service” with reference to the vehicle drop-off date.
4. The sums due for the purchase of SUPER COVER, G&T and for any eventual excess as mentioned under letter D, F and G 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 DRIVALIA S.p.A. 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 DRIVALIA S.p.A. 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 DRIVALIA S.p.A. 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.drivalia.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.
10. The sum due for the charging service carried out by the Customer through the RFDI Card on the EnelX public network or Enel X affiliated partners. The Customer will pay the amount for number of KW charged, as specified in the "General Terms and Conditions” under “Electric and hybrid car charging service” available on the website www.drivalia.it/en/car in the section “Rental Services”;
11. The sum due for each parking minute after the sixtieth following the end of the charging session and up to the moment in which the connector is removed from the socket, in case the vehicle is not removed from the charging station within 60 minutes after the end of the vehicle charging session. The mentioned amount will be calculated according to the "General Terms and Conditions" under "Parking after charging is completed", available on the website www.drivalia.it in the section "Rental Services";
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.. DRIVALIA S.p.A.’s invoices shall be payable upon receipt of them. In the event of delayed payment, the Customer must pay DRIVALIA S.p.A. 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.
I) Responsibility - Keeping into account the vehicle’s manufacturer’s responsibility for construction faults, DRIVALIA S.p.A. 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 DRIVALIA S.p.A.’s right of decision as owner of the vehicle.
M) Replacement vehicle - DRIVALIA S.p.A. 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.
N) Jurisdiction - 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 DRIVALIA S.p.A., 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.
O) Losses - Under no circumstances DRIVALIA S.p.A. 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. DRIVALIA S.p.A. 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.
P) Interpretation - In case of conflict in the interpretation of the two versions of this agreement, the Italian version shall prevail on the English version.
Q) Amendments - 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 DRIVALIA S.p.A. to debit the indicated Credit Card. The client declares to have examined the “Terms and General Conditions” available on the web site http://www.drivalia.it/ section “Rental Service”. 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. 1342 C.C. et seq. 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.