Win Rent Spa 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 http://www.winrent.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 http://www.winrent.it/
A) Insurance coverage (RCA) an Equipment - The insurance for Win Rent SpA 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 spare-wheel or tyre repair kit, reflector jacket, and all the equipment required according to the law. The Customer is responsible to return the abovementioned in a perfect state of repair.
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 Win Rent SpA. The vehicle is delivered in perfect conditions and must be returned to Win Rent SpA 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 Win Rent employee on the Check-in report where the actual conditions of the vehicle and fuel level must be written. Without the above-mentioned signature, Win Rent’s determinations will be valid and accepted by tacit agreement. If at time of check in damages on the vehicle are ascertained, Win Rent SpA 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, Win Rent 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, WinRent 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 Win Rent SpA, contacting Win Rent SpA 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 Win Rent SpA’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) Guarantee deposit with financial credit card - Customer is required to present a financial credit card (VISA, Mastercard, American express, Diners Club) on the main driver’s name as a guarantee for the rental, on which a deposit will be held. The deposit due is equal to the amounts specified in T&C on the website winrent.it . the guarantee deposit will be unblocked in whole or in part, against the sums due to Win Rent SpA 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. Win Rent SpA accepts all credit cards from internationally recognized credit card companies. Two credit cards, both on the main driver’s name, are required for the rental of special vehicles (S/T/Z/P car groups). Cash, Bancomat, prepaid and electronic credit cards (such as Maestro or Visa Electron) 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 can not be attributed to the Customer, as established by art 1588 c.c. 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 Win Rent Spa 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 Win Rent SpA and upon the presentation of the parts which have been replaced. In case of breakdown the Customer will contact Win Rent SpA’s Assistance and the nearest Win Rent 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 aren’t taken the Customer will be held financially responsible for any damage caused by such negligence. In case of damage or break-down the Customer will call the Win Rent Assistance Service and will contact the closest Win Rent SpA 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 Win Rent 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 and another valid identity document. No other person can drive the vehicle without Win Rent SpA’s prior written authorization. Driving licenses printed with non Roman Alphabet (Arabic, Chinese, Japanese, Cyrillic etc) must be complemented by an International Driving License. Win Rent SpA reserves the right not to provide a vehicle to the Customer in case the documents presented by the Customer are not considered to be 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 Win Rent SpA. Any infringement to the Road code will be considered to be 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) to go abroad without the previous consent of Win Rent SpA.
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, Win Rent 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 Win Rent reserves the right to apply a specific rating according to the car group rented. In any case Win Rent SpA reserves the right to take action in the event of any major damage.
F) Services included in the rate and optional
- Basic Service CDR* Damage: CDR service is included in all of Win Rent SpA’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 1000,00 and a maximum of euro 2800,00 as specified In Terms and Conditions available on winrent.it (and www.windrive.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 Win Rent SpA’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 1700,00 and a maximum of euro 3000,00 as specified In Terms and Conditions available on winrent.it (and www.windrive.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 Win Rent. In case of total, partial theft or damage due to fire taking place in Campania, Puglia, Calabria or in the town and province of Catania, WinRent wil 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.winrent.it. Furthermore, Win Rent SpA 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 case of fraudulency or gross guilt according to 1229 of the Civil Code.
• in case the driver’s behavior is in contrast with art. 1176 and art. 1587 of the Civil Code.
• in case the car keys should not be returned.
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 Win Rent 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 Win Rent SpA 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 Win Rent SpA, 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.winrent.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 Win Rent SpA 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 Win Rent SpA in a place different from where the vehicle was initially delivered, calculated on the basis of the foreseen rate (One Way service);
3. Refueling 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.winrent.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 Win Rent SpA 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 Win Rent SpA 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 Win Rent SpA 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.winrent.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.
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.. Win Rent SpA’s invoices shall be payable upon receipt of them. In the event of delayed payment, the Customer must pay Win Rent SpA 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) Responsability - Keeping into account the vehicle’s manufacturer’s responsibility for construction faults, Win Rent SpA 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 Win Rent SpA’s right of decision as owner of the vehicle.
M) Replacement vehicle - Win Rent SpA 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 Win Rent SpA, 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 Win Rent SpA 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. Win Rent SpA 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 Win Rent SpA to debit the indicated Credit Card. The client declares to have examined the “Terms and General Conditions” available on the web site http://www.winrent.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.