GENERAL RENTAL CONDITIONS

ATTENTION:

The General Rental Conditions are drawn up in Italian and only the Italian text will be valid even if on this page the General Rental Conditions have been translated into the language chosen by the Visitor.

In the event of a dispute, the only language of the proceedings will be Italian. The interested Party will have a sworn translation performed, for the purposes of the dispute itself and at its own expense, which the other Party recognizes and accepts from now on as an expression of the will of the Parties.

The rental of cars by Mobility Maner srl to the Customer is governed by these General Rental Conditions, the Rental Letter and the Privacy Policy in force at the time of signing the Rental Letter. By signing the Rental Letter, the Customer declares to have read, understood and accepted the General Rental Conditions and to specifically approve the articles:

• 1. Delivery of the vehicle and start of rental
• 2. Vehicle assistance and replacement vehicle
• 3. Insurance
• 4. Customer Obligations
• 5. Use of the vehicle
• 6. Fire, theft, damage to the car
• 7. In case of accident
• 8. Return of the vehicle and end of the rental
• 9. Rental fees
• 10. Payment by credit card
• 11. Responsibilities of the Customer and the Lessor
• 12. Applicable law and competent court
• 13. Changes to the General Conditions
• 14. Customer’s domicile and communications to the Customer
• 15. Charges for fire/theft and damage
• 16. Security deposits and guarantees

The rental begins when Mobility Maner srl or one of its affiliates (hereinafter referred to as the “Lessor”) delivers the vehicle to the Customer. The vehicle is delivered in good condition and is equipped with a warning triangle, a spare wheel or a repair kit and all the documents necessary for circulation, including a copy of the green insurance card, the certificate and the insurance sticker. Upon delivery of the vehicle, the customer undertakes to check its condition and equipment together with the personnel assigned by the Lessor and, in particular, to check that the vehicle is in perfect working order, with the equipment indicated in the Rental Agreement and free of any additional goods or assets and undertakes to return it in the same condition, except for wear proportionate to the duration of the rental and the mileage travelled. It is the Customer’s responsibility to communicate to the Lessor’s personnel any discrepancy with respect to what is indicated in the Rental Letter and to ascertain it in consultation with the personnel assigned before collecting the vehicle. In the absence of this, the Customer authorizes the Lessor to charge all discrepancies found upon return of the vehicle by the personnel in charge with respect to the state of delivery of the vehicle.

It is at the full discretion of the Lessor to refuse to conclude the rental contract with the Customer, in particular in cases of theft, damage or accidents with liability charge that occurred in previous rentals.

In the event of an accident, breakdown and/or need to have the vehicle towed, the Customer is required to contact the Lessor at the number shown on the Rental Letter kept on the dashboard of the vehicle and received by email, the only person authorised by the Lessor to carry out interventions and/or repairs on the vehicle. Interventions and/or repairs carried out on the vehicle by the Customer without authorisation from the Lessor and/or at centres not affiliated with the Lessor will not be reimbursed by the latter under any circumstances and for any reason.

In the event of a request by the Customer for a replacement vehicle, the Lessor reserves the right to decide at its discretion, also based on the availability of vehicles in the place and at the time of the request by the customer, whether or not to provide the replacement vehicle.

The Lessor guarantees that a specific RCA insurance policy has been stipulated against the civil liability of the Customer and any other person authorised to drive the vehicle, with the minimum limits and maximum amounts imposed by the law and regulations in force. The policy indemnifies damaged third parties up to a limit of 5,000,000.00 euros. In any case, the policy does not cover damage suffered by the driver nor his civil liability for damage to transported objects and animals, nor does it cover damage resulting from failure to comply with road signs indicating obstruction and/or danger or in any case resulting from failure to comply with laws or regulations. The policy covers the driver’s civil liability for damage suffered by transported third parties, provided they are not members of the Customer’s or driver’s family, applicable to all vehicles rented by the Lessor. Compensation is provided for in specific conditions.

In the event of an accident caused by the Customer through his own fault and involving third parties, regardless of the damage reported to the rented vehicle (which will be charged, if present, as per article 15 of these General Rental Conditions), Mobility Maner srl will charge the Customer, in addition to the administrative costs of managing the accident case, the additional sum that has been charged to it by the car manufacturer as a non-eliminable deductible.

The Customer is the custodian of the vehicle and acknowledges that he/she does not have any real rights over it and therefore cannot dispose of it and undertakes:

• a) to drive and look after the vehicle together with the accessories diligently, with the utmost caution and in compliance with all laws, regulations and any warnings and precautions suggested by the Lessor;
• b) to take care of ordinary maintenance, greasing, checking the levels of lubricants and brake fluid;
• c) to proceed with the payment of any fine and/or contravention issued to him/her during the rental and to reimburse the Lessor for any expense, including legal expenses, incurred due to and/or as a consequence of the rental;
• d) to pay the amounts due for parking or motorway tolls relating to the rental period;
• e) to indemnify the Lessor from any claim made by third parties for damages suffered by them from/to the goods transported or that are in any case on the vehicle;
• f) to comply with the law on the transport of goods, assuming all responsibility for the necessary accompanying documents.

During the winter period, due to specific provisions of the Authorities, in some areas of Italy there is an obligation to use winter tires or to carry snow chains on board the vehicle; Mobility Maner srl makes snow chains available and prepares, where available, the necessary information. The Customer undertakes to verify the existence of such a situation with respect to his/her route and to observe the relevant provisions, by requesting Mobility Maner srl to rent snow chains (if the rented vehicle does not already have winter tires) or by deciding, at his/her sole discretion, to equip himself/herself.

In the event of notification of a fine (or failure to pay for parking) issued during the rental, this is notified to Mobility Maner srl, as the owner of the vehicle, which is required to communicate to the competent Authorities the details of the Customer/Renter in whose name the Rental Agreement is issued, responsible for the infringement. In fact, the Customer/Renter is responsible for fines or other charges resulting from violations of the Highway Code, or for failure to pay for parking, which occurred during the rental period, as indicated in Article 9 of these General Rental Conditions.

Art. 201 of the Highway Code - which regulates the notification of administrative sanctions - also grants the Authority, from the moment of communication by Mobility Maner srl of the actual offender, 90 days to re-notify the fine (360 days for residents abroad). With regard to non-payment of parking, the terms established by current legislation apply for notification.

The Customer/Tenant in whose name the Rental Agreement is registered will only be able to verify all the details when he/she is in possession of the report/parking registered in his/her name and then proceed with payment in the manner and within the timeframes indicated in the report itself or, if he/she sees the extremes, file an appeal with the competent Authority, within the terms and in the manner established by Law.

The Customer undertakes not to drive or use the vehicle and not to tolerate that it is driven or used:

• a) in a State for which the green insurance card is not valid;
• b) for rental;
• c) to push or tow objects;
• d) under the influence of drugs, narcotics, alcohol or intoxicants;
• e) in races, competitions or speed tests;
• f) for a purpose contrary to the law, regulations and orders of the Authorities;
• g) unauthorized persons or in any case not indicated on the individual rental contract or any person other than the Customer, including his parents, children, spouse, brother, employer, colleague employed in the same company, partner or manager (if the Customer is a company);
• h) person who has provided the Landlord false information about his/her personal details;
• i) persons under the age of 25, except for exceptions expressly authorised by the Landlord.

The Customer is required to compensate the Lessor for any damage for any reason that occurs to the vehicle during the rental, as well as in the event of theft or fire. The Customer is responsible for the cost of repairs, for the loss of rental revenue quantified on the basis of the applicable price list, for towing and storage costs and for administrative costs incurred for the management of any event or claim arising from the rental, within the limits of article 15 of these General Rental Conditions — for the valuation of the vehicle, consult for example the website Quattroruote Auto or Quattroruote Veicoli Commerciali — whose values include the cost of materials, labor and technical downtime. In the event of damage, the Customer is always free to compensate for the damage as per the Table, or to decide to have the vehicle repaired at his own expense and under his own responsibility, communicating this to the Lessor within 5 days of the communication of the charge or of the ascertainment of the damage in consultation with the Mobility Maner staff. In this case, the Customer must pay the rental cost until the vehicle is returned to the Lessor, repaired to a workmanlike standard, and the Lessor reserves the right to accept the repair after testing the vehicle in consultation with the Customer. The Customer will also be required to compensate the Lessor for damage suffered by the vehicle as a result of failure to comply with road signs of encumbrance and/or danger, damage not covered by the compulsory RCA policy, as specified in point 3, as well as the costs of restoring and/or cleaning the passenger compartment of the vehicle if it is returned at the end of the rental with indelible stains and/or burns. Without any reversal of the burden of proof, the Customer always retains the possibility of demonstrating that the failure to fulfill his obligations and/or the damages to the vehicle were due to causes not attributable to him.

The Customer must promptly and in any case as soon as possible:

• a) inform the Lessor by telephone, sending him within the following 24 hours a detailed report filled out on the form enclosed with the vehicle documents;
• b) inform the nearest Police authority;
• c) take note of the names and addresses of the parties and witnesses;
• d) provide the Lessor with any useful information;
• e) follow the instructions that the Lessor will provide regarding the custody and/or repairs of the vehicle, also adhering to the provisions of point 2;
• f) in the event of an accident with a counterparty, the Customer undertakes to sign the CID form, which must be delivered by the Customer to the Lessor without fail within 24 hours or within the end of the rental if coinciding.

In the event that the Customer has not caused or suffered any accident, must always communicate it upon delivery of the vehicle to the Lessor, in order to allow him to protect his rights against fraud or unfounded requests. If the Customer fails to declare an accident, even if he has incurred one, he accepts the charge of the relative penalty as per article 15 of these General Rental Conditions, also due to the significant organizational inconveniences and the higher insurance costs incurred by the Lessor following the Customer’s failure to inform.

The Customer undertakes to return the vehicle to the Lessor’s premises by the agreed date, or before such date in the event of an express request by the Lessor to this effect. The Customer may extend the return deadline by making a request at least 24 hours before the expected deadline and only with the prior consent of the Lessor. In the event that the vehicle is not returned within the established terms, the Customer will be required to pay the Lessor the extra fee estimated in the Rental Letter for each day of delay, as well as all other fees provided for in these General Conditions, until the Lessor regains possession of the vehicle. The Customer will be required to reimburse the Lessor for all expenses incurred for the recovery of the vehicle until its physical collection.

The rental ends when the Lessor takes back the vehicle and checks its condition upon return in consultation with the Customer. The vehicle must be returned at the time indicated in the Rental Agreement and in any case during the opening hours of the Lessor’s offices. Only with the prior authorization of the Lessor, the Customer may return the vehicle during the closing hours of the Lessor’s offices by returning the keys in a special box.

In the event of authorized delivery of the vehicle during closing hours, for the purposes of attributing liability arising from possession of the vehicle, the rental is considered to have ended at the reopening time of the Lessor’s offices and only if the vehicle has actually been collected by the personnel in charge. The Customer therefore remains responsible for all damages (for example damage to the vehicle, fines, thefts, fires, etc.) suffered/caused to the vehicle up until the moment of actual delivery by the Lessor, which will occur when the vehicle is opened to the public. Upon reopening of the Lessor’s offices, the Lessor’s staff will verify the conditions in which the vehicle was returned and, in the event that any discrepancies are detected compared to the conditions verified at the start of the rental (damage, stains, etc.), the Lessor, within 24 hours of the reopening of the Lessor’s offices, will communicate to the customer at the email address indicated at the time of rental the detection of the damage, supported by photographic documentation and the estimate of the charge according to article 15 of these General Rental Conditions.

The Customer, in any case of damage, is also informed that the charge in the event of a dispute will be made 5 days after the communication and that within the same period, if he does not believe the charge is due, he can dispute it or communicate his intention to repair the vehicle at his own expense, in which case the preceding art. 6 will apply.

The Customer undertakes to pay the Lessor, in accordance with the provisions of Article 15 of these General Rental Conditions:

• a) the mileage and time rate;
• b) the rate due if the vehicle is returned to a different location from the one agreed upon;
• c) VAT;
• d) the amount of fines and/or fines imposed during the rental period if incurred by the Lessor;
• e) the parking fees relating to the use of the vehicle by the Customer if incurred by the Lessor;
• f) the costs of managing the claim in the amount indicated by the relevant item in the Table;
• g) the reimbursement of compensation penalties;
• h) all expenses and charges incurred by the Lessor to obtain payment from the Customer of all amounts due by the same;
• i) the sum necessary to restore the fuel tank to the same level as at the time of delivery as specified below;
• l) the costs of restoring and/or cleaning the interior of the vehicle if it is returned at the end of the rental with indelible stains and/or burns;
• m) the costs of restoring the damaged vehicle;
• n) costs of disposing of objects abandoned by the Customer on the vehicle;
• o) reimbursement of the costs incurred for the recovery of the vehicle not returned to the agreed place for any reason and of the amount paid to the damaged party in the event of an accident caused by the Customer’s fault;
• p) the amount corresponding to any other service that the Customer has used or purchased at the time of rental;
• q) any item expressly indicated in the rental contract;
• r) the cost of administrative services;

The mileage rate is determined by reading the odometer. The Customer is required to periodically check that the odometer is working and undertakes to immediately inform the Lessor of any malfunctions, following, in this case, the instructions that will be given to him by the Lessor himself. If, at the time of return, the odometer appears tampered with or broken, the unlimited mileage rate will be applied. Whenever the rate must be measured against the number of days, the term "day" defines a period of 24 hours starting from the moment in which the vehicle was delivered to the Customer, unless the rate provides otherwise.

With specific reference to the Fuel item, the Rental Letter contains the specific indication of the quantity of fuel present at the time of rental and the quantity that the tank must consequently contain upon return (equal to that present at the time of rental, normally full). The Customer is therefore free to decide whether to personally refuel before returning the vehicle (so that the tank reaches the indicated amount of fuel) or whether to pay the Lessor directly for the cost of refueling according to the prices per litre established and defined by the Lessor, already including the refueling service.

No administrative costs for managing the practice or any penalty will be charged to the customer in addition to the estimated cost of fuel. However, any excess fuel compared to the time of delivery will not be reimbursed to the Customer.

At the time of rental, the Customer must provide a valid credit card to which all rental fees will be charged, unless the Lessor expressly authorizes the Lessor to rent without a credit card. The Lessor may in any case, at its sole discretion, refuse to rent the vehicle to the Customer. By providing credit card details, the Customer authorizes the Lessor to charge you for all fees due following and as a consequence of the rental and accepts the charge on the credit card also for what will be due after the termination of the contract, including compensation penalties, fines, motorway tolls, parking, costs of restoring the vehicle following damage not covered by the insurance policy, costs of restoring and/or cleaning the interior of the vehicle if returned at the end of the rental with indelible stains and/or burns, costs of disposing of objects abandoned in the vehicle by the Customer and all other rental fees indicated in point 9. For rentals longer than 30 days, the payment of the rental fee will be made in advance and the charge will be made every 30 days until the end of the rental. In the event of renewal of monthly and multi-month rentals guaranteed by credit card, the rental payment must be completed within 5 days of the renewal, failing which the Customer will be required to immediately return the vehicle and the Lessor may regain physical possession of the vehicle; the Customer will be required to reimburse the Lessor for the expenses incurred for this purpose, without prejudice to the fees due for the rental based on the Price List and the amount due based on Article 15 of these General Rental Conditions.

The Customer who signs the Rental Agreement is responsible for the obligations set forth therein, as well as for the actions and/or omissions of anyone driving the vehicle. The Customer is also responsible for all damage caused to the vehicle during the rental, for all expenses that the Lessor will have to suffer as a consequence of the rental (for example fines, contraventions incurred during the rental, damage caused to third parties during the rental, etc.), in the event of late delivery or failure to deliver the vehicle, according to the specific provisions of Article 15 of these General Rental Conditions. The Customer may choose to partially limit his/her liability in relation to the rental of vans or to limit it totally in relation to the rental of cars for some of the events indicated above, by purchasing an additional option of conventional limitation of his/her liability, which in any case does not have an insurance nature, according to the terms and conditions set forth in Article 15 of these General Rental Conditions. In any case, even if the option to limit liability is purchased, it does not apply in the event of gross negligence by the Customer and in the event of failure by the Customer to comply with these General Rental Conditions and with legal and regulatory obligations. Any limitation or exclusion of liability is not effective and in any case lapses for damages caused voluntarily or through negligence, in violation of the laws on road traffic or in violation of the provisions of these General Conditions. The limitation or exclusion of liability is not effective for damages that are so-called "excluded" in accordance with the provisions of Article 15 of these General Rental Conditions, for example, by way of example, for damages or theft of tires and/or rims, for damages to the roof and the frame of vans, for damages caused to the clutch kit. The Lessor is not liable to the Customer or any other person for damages of any nature, including economic prejudice, suffered by them in persons or property due to breakdowns or malfunctions of the vehicle, subsequent breakdowns of the vehicle, failed or delayed delivery, delivery of a vehicle of a category different from that booked, thefts, road accidents, riots, fires, earthquakes, wars or force majeure, meaning by this, pursuant to the law, an irresistible and unforeseeable event, extraordinary and independent of the will of the parties and which prevents the parties themselves from fulfilling their obligations.

The Lessor assumes no responsibility for the custody of objects that may be found in the vehicle after the rental and in any case all disposal costs shall be borne by the Customer.

The law applicable to the rental contract governed by these General Conditions is Italian law.

For any dispute, arising and/or connected with the rental of the vehicle, for any action necessary for the compulsory recovery of the credit accrued by the Lessor, the Court of the registered office of the Lessor will be exclusively competent, with the exception of the hypotheses contemplated in the art. 33, paragraph 2, letter u, of the Consumer Code (Legislative Decree 206/2005) in which the Court of the registered office or residence of the Consumer has exclusive jurisdiction.

No modification may be made to these General Conditions without the written consent of a representative of the Lessor with a specific written power of attorney.

The Customer declares to elect his domicile at the address communicated to the Lessor, as resulting from the Rental Letter. Unless otherwise expressly indicated by the Customer to this effect, contractual communications will take place at the email address indicated by the Customer.

The RCA policy (car civil liability) covers damage involuntarily caused to third parties when the Lessor’s vehicles are used. In the event of a passive accident, a penalty is charged to the Customer to compensate the Lessor for the non-eliminable deductible charged by the Insurance Company. The maximum limits are as follows:

• RCA maximum: €5,000,000 (minimum)
• PAI maximum: €40,000 (minimum)

The security deposit can be made exclusively on a financial credit card, always physical and not virtual (virtual cards do not provide the deposit function, as they are contactless and direct debit).

The card must have sufficient availability to cover the vehicle excess, any extra charges or deposits required as a rental guarantee.

Prepaid cards of any kind, Debit Card, Revolving, Postepay, Visa Electron, V Pay, Pagobancomat, Viabuy, PayPal, cards with the “Electron” logo or the words “Electron Use Only” and cards belonging to the “Cirrus/Maestro” circuit and virtual cards.

The credit card deposit is a sum of money that is blocked as a guarantee and serves to verify the validity of the credit card presented. The amount of the deposit varies based on the type of vehicle rented.
Below is the table with the specifications:

The Lessor consequently undertakes to return the sum in full after having ascertained the good condition of the vehicle and the correct fulfillment of the Renter’s obligations. Once our systems have released the sum held as a deposit, the Customer will have the full right to request evidence via email. The Landlord’s operators will send a receipt of the unlocking, however it could happen that the unlocked amount is not immediately available due to interbank processes not dependent on the Landlord.