Terms & Conditions

1. Vehicle delivery: Assante Fernando  (below named “lessor”) delivers to the lessee (that is to the user/signatory of the rental letter), below named “customer” the vehicle better identified in the rental letter. The vehicle, unless otherwise indicated in the rental letter, has complete recharge/full tank and is equipped with triangle for emergency stop, usual tools, spare wheel (where established by the manufacturer), RCA insurance inspection (automobile liability insurance) and all the documents necessary for circulation. The rental rates are usually calculated on a daily basis, meaning as duration of 24h, from the moment the vehicle is picked up, and, unless customer request and rate availability, include the following insurances and limitations of responsibility: I) RCA (automobile liability insurance) Ensurance Coverage; II) insurance green card for abroad; III) limitation of responsibility for damages to the vehicle (Damages, Resp. Lim. below “CDW”) for a maximum amount equal to the one shown in the rental letter (of which the customer responsibility, in item “resp.amount”, remains), not operating for damages caused, for any reason, to the roof and to the bottom of the vehicle, windscreen, windows, and tires as well as for damages caused by negligent conduct; IV) limitation of liability for fire and theft (Theft Lim. Resp. below “THW”) for a maximum amount equal to the one shown in the rental letter (of which the customer’s responsibility remains) in item “resp.amount”, not operating in case of partial theft and for events caused by negligent conduct. The rental and the driving qualification of the vehicles by people aged from 18 to 30 may be limited to some categories of vehicles and/or subject to an additional payment calculated in relation to the Customer’s age and to the category of the rented vehicle. The Customer, taking delivery of the vehicle, as well as through rental letter subscription, with specific approvation of these general conditions, declares to have verified that it is in good state of maintenance, as well as described by the lessor in the rental letter, equipped with all the accessories indicated in it and is perfectly suitable to the agreed use.

2. Products and accessory services: Upon request and through a specific fee, further products and accessory services for the vehicle are available to the customer. Upon request, and through a specific payment, the Customer can also get the following insurance coverages/exclusions of further liabilities; I) insurance coverage not included in the RCA (automobile liability insurance) for accidents to the driver and transported people on the rented vehicle, at differentiated maximum coverages; II) exclusion of liability for damages to the rented vehicle (e.g. Damages resp., below “SCDW”) not operating for damages caused, for any reason to the roof and to the bottom of the vehicle, windscreen,  windows and tires, vehicle interiors, for damages caused by vandalism as well as for damages caused by negligent conduct; III) exclusion of liability for damages deriving from fire and theft (e.g. Theft resp., below “STHW”), not operating in case of partial theft, for events caused by negligent conduct; IV) exclusion of cumulative liability for fire/theft/damages (e.g. Damages/theft resp., below “SLDW”), not operating for damages caused, for any reason, to the roof and to the bottom of the vehicle, windscreen, windows and tires for damages caused by negligent conduct; V) exclusion of liability for damages by vandalism (e.g. Vand. resp., below “VANDAL”) not operating if the complaint hasn’t been filed to the authorities and the original of the complaint hasn’t been sent to the lessor by 24h from the event and for the damages caused by negligent conduct; VI) exclusion of liability for damages to the vehicle interiors (e.g. Int. Damages resp.., below “INTERIOR”), not operating for damages caused by negligent conduct; VII) exclusion of liability for damages caused to the roof and to the bottom of the vehicle, tires, windscreen and windows (e.g. Pneum/windscreen/windows/roof resp., below “OTCOV”), not operating for damages caused by vandalism and by negligent conduct. The possible operability of the ensurance policies and/or of the exclusions of liability will appear in the rental letter. For what concerns the ensurance coverages possibly subscribed, the Customer declares to know, accept and undertake to respect the instructions provided for the ensurance policy. In addition, the customer can request, through a specific payment, the driving qualification of one or more alternative drivers, with consequent extension to them of the insurance coverages/limitations of liability/exclusions of liability, and subject to the full applicability, also to these subjects, of these general conditions. The customer can also request to use a credit card belonging to a third subject as method of payment. For this purpose, the customer guarantees, releasing Assante Fernando from any legal responsibility and from any objection made by third parties in general, of which  guarantees, in any case, the fulfillment under art. 1381 c.c. in relation to these general conditions as follows: (a) that will fully inform and will make these general conditions available to the alternative drivers and/or to the third credit card owner, in order to make them aware of the contractual obligation; (b) that upon indication of the names of the alternative drivers and/or of the third credit card owner, according to the procedures provided for these general conditions, the customer will have previously acquired the consent expressed by them and informed to communicate to Assante Fernando the related personal data for the next treatments provided for these general conditions and the informative report under art. 13 of the Legislative Decree June 30, 2003 n. 196 (privacy code rendered (below “informative report”); (c) that the data of the alternative drivers and/or credit card third owner are true, correct, updated and have been acquired in full compliance with the Privacy code; (d) that, based on the previous letter (b) Assante Fernando shall be understood authorized to the related personal data treatments of the alternative drivers and/or third credit card owner in the limits of what specified in these general conditions and by the informative report. The first two drivers and the potential third credit card owner will appear in the rental letter and the possible further alternative drivers will be exclusively registered on the lessor’s computer system.

3. Customer’s Obligations. The Customer undertakes:

(a) To provide correct information on their personal details, age, home address and on the ownership of the legal requirements for the driving qualification.  (b) To drive the vehicle, to guard it and the accessories provided, with the maximum diligence and in the respect of all legal provisions and in particular respecting scrupulously the provisions of the Highway Code and the other rules connected to vehicle circulation. (c) To make sure that, during all the rental period, the vehicle is always in the optimal conditions suitable to guarantee the correct functioning and the safety of it and of the transported people, implementing every necessary activity for this purpose according to a criteria of maximum diligence and it is understood that every intervention on the vehicle will have to be previously approved in writing by the lessor. (d) To provide, directly, for the oblation of any fine received by the customer himself and/or the vehicle rented during the rental time. (e) To release the lessor from any claim made by third parties, for damages by the latter suffered to the goods transported on rented vehicle. (f) To pay the rental and the accessory services determined in application of the rate agreed when subscribing the rental letter that is as potentially re-established at the time of the vehicle return, in consideration of the possible successive variations of the real duration of the rental, of the rented accessories and/or of the real place of the vehicle return, through application of the stipulated fee. (g) To verify and subscribe, at the time of the vehicle return, the “check-in” box in the rental letter, which indicates the state of the vehicle at the time of restitution, by expressly accepting that the non-subscription in that box means the waiver to the right to make following complaints in relation to the charges for damages potentially made by the lessor. (h) To reimburse the lessor for the consequences of any damage caused to the vehicle or to parts and accessories of it, included expressly the ones deriving from the cost of the spare parts, restorations and related labour, possible transport of the vehicle and damage when stationary, legal costs, until the congruence of the amounts indicated in the rental letter and increased of the payment of the accident administrative management service equal to the amount of 50€ as indicated at the time of the rental. (i) To reimburse the lessor for the charges that he may bear to obtain the fullfiment of the financial obligations deriving, directly and indirectly, from the rental agreement. (l) Not to drive or use the vehicle for the transport of people or things in exchange of money, to push or pull objects, under the influence of drugs, narcotics, alcoholic drinks or toxicants, inferm racing competitions or speed tests, for purposes contrary to law, for the circulation in forbidden areas.

4. Accidents. If an accident occurs, theft of vehicle parts included, the Customer undertakes to:

(a) immediately inform the locator by phone, by sending him, in the following 24h, a full detailed report, duly subscribed on the accident report (CID) included in the documents of the vehicle; (b) inform the nearest public security authority, filing complaint in case of theft of vehicle parts; (c) avoid declarations of responsibility in case of uncertainty regarding the dynamics of the accident; (d) take note of the names and adresses of the parts involved in the accident and possible witnesses; (e) use, in case of vehicle breakdown, the lessor assistance network; (f) pay the lessor the service of management administrative accident.

5. Thefts. In case of theft or tempted theft of the rented vehicle, the Customer undertakes to communicate the fact to the competent authorities immediately and to give the lessor the original complaint by 24h from the event. In case of theft, if the Customer has supplied the original of the complaint in the established terms, the lessor will proceed to the charge of the amount equal in the maximum to the amount indicated in the rental letter, increased by the payment of the administrative management service of the procedure theft equal to the amount of 100€ as indicated at the time of the rental. Nonetheless, the payment of the rental is due until date and time of delivery of the original complaint.

6. Administrative Sanctions. In case of non-fulfillment by the Customer to one of the obligations of which the art. 3, proven by notification/communication to Assante Fernando. of minutes for administrative sanctions by the competent authorities, the Customer will be obligated to pay Assante Fernando a contractual penalty equal to the amount of 45€ and to reimburse it of the amount of the sanction/s and/or tolls pontetially anticipated by Assante Fernando

7. Vehicle collection Reservation. The vehicle, if reserved, must be collected by 59 minutes from the time agreed when reserving. After that term the lessor doesn’t guarantee the availability of it. If the collection occurs beyond the office opening hours, the lessor reserves the right to request an additional payment for the service made overtime.

8. Return. The Customer undertakes to return the vehicle in the place and in the date indicated in the rental letter or, in any case, as the lessor requests it, with the same accessories and in the same state in which it has been received, except for normal use. If il vehicle hasn’t been given back to the lessor by the date and the time contractualy provided, the latter will be able to terminate the agreement and regain the material possession of the vehicle in any way, also against the Customer’s will and the latter will be compelled to reimburse it of the expenses occured. The rental payment will be due also for the days in which the vehicle has been kept over the terms agreed with application of the fee related to the rent. In any case the delivery of the vehicle in a different place than the collection one, although originally agreed, involves the application of an additional fee quantified according to the time and place of the restitution. In case of vehicle restitution in the rental hours closing hours, where it is allowed by the lessor, the Customer is obligated to pay the rental until the normal reopening of the offices, remaining responsible until that moment for the events related to the vehicle.

9. Methods of payment. The Customer, upon subscription of the rental letter, is obligated to bring a valid credit card (except for agreements established in advance with Assante Fernando  for methods of payment alternative to the card such as bank direct debit, cash security deposits and wire transfers). In case a financial credit card belonging to a third subject rather than the Customer is used as method of payment, the latter is however obligated solidly with the subject who is owner of the card to pay the lessor every amount deriving from the rental. Assuming that the Customer makes the payment of the rental service by financial credit card issued in a country which has not euro as currency, before the beginning of the rental, he will be able to choose between the charge in euro or in the current currency of the country in which his credit card has been issued. The choice, made when the rental starts, is considered definitive. If the payment is charged in the current currency of the country in which the credit card has been issued, the amount of the charge will be converted by the lessor from euro to the current currency of the country in which the credit Customer’s credit has been issued. The final amount of the payment will be converted to the exchange rate determined by the international rules defined by Visa, Mastercard, American Express and Diners circuits with the bank system, found on daily basis. If for any reason the conversion can’t be made, the transaction will be anyway made in the currency of the credit card invoicing and the conversion will be made by the bank which has issued the Customer’s credit card.

10. Customer’s Responsibility. As provided for the previous articles 4 e 5, the Customer declares to recognise and expressly accept, in case of violation of one of any obligations of which to the previous art. 3, as well as in case of damages/thefts caused with fraud or fault by the Customer himself (only for exemplifying purpose and not thorough: wrong supply, battery damage, damages to the engine of any nature, etc..) any limitation/exclusion of liability won’t work. Therefore the Customer will be considered fully responsible for all damages caused in violation of the obligation of diligence under the art. 1588 c.c. remaining compelled to prove that the damaging event is not consequence of his conduct. In this sense, it is understood that the possible subscription of any limitation/exclusion of liability can’t give rise to any inversion of the cost of the proof. The Customer agrees, since now, to the charge of all the amounts that will due to him directly and indirectly, under the rental, also after the invoicing of the amount of it, on the credit card used to guarantee the payment of the financial obligations deriving from these General Conditions and from the rental letter. The Customer recognises not to be owner of any real right on the rented vehicle and on the accessories provided and, therefore, not to be able to have them available in any way, neither on a temporary basis.

11. Lessor’s responsibility. The lessor is not responsible to the Customer, driver and members of the related families for the damages of any nature, economic damage included, that they bore in the people or in the goods consequently, direct or indirect, of vehicle functioning defect or road accidents caused by manufacturing defects. In each case the lessor can’t be considered responsible for any kind of damage occured as a result of thefts, tumults, fires, earthquakes, wars, natural events, reasons of force majeure and unforeseeable circumstances. The objects left from anyone in the vehicle returned to the lessor are considered abandoned and the lessor is not compelled to guard them and to give them back. In case of rentals related to reservations made through intermediaries (travel agencies, tour operators, brokers, etc..), the lesson responsibility can be invoked by the Customer exclusively in relation to the obligations arising from the Rental letter, since Assante Fernando has nothing to do with any further obligation assumed by the intermediaries at the time of rental reservation/rental procurement in relation to which possible complaints or requests will have to be made by the Customer exclusively towards intermediaries.

12. Early termination. The lessor can terminate the rental agreement early in accordance with the art. 1456 c.c. upon simple communication by registered mail with return receipt, telefax, telegram or pec: I) in case of non-payment, at the date of due payment, of any amount due by the Customer in accordance with the rental agreement; II) in case of denial or no response by the Customer to the request of the vehicle restitution formulated by the lessor.

13. Sublease and assignment prohibition. The sublease of the rented vehicle and/or the potential accessories is expressly forbidden, as well as the rental agreement assignment and the obligations deriving from the subscription of these general conditions and the rental letter.

14. Complaints. In case of objections about the correctness of the rental letter content, the registrations contained in the lessor electronic archive will be the proof between the parts. Possible objections related to charges made by the lessor, for any reason, can be made only after the payment of them and anyway by and not later than 60 days from the reception of the related invoice.

15. Interests arrears. After the term agreed for the payment of the sums due, the lessor will be authorized to issue debit note for interests at the current rate of the European Bank (ECB) increased by five percentage points. In addition, the lessor, in case of previous delinquency, reserves the right to refuse future rentals to the Customer.

16. Final Instructions. No modification can be made to these general conditions without the consent of a lessor’s representative with suitable written power of attorney. The invalidity of any instruction of these general conditions will not involve the invalidity of these conditions or the rental letter in their entirety. The titles of these general conditions have been inserted exclusively for praticality and have no relevance regarding the meaning and/or the purpose of these general conditions.