General Terms and Conditions of the Jaguar Land Rover Rent Service

Jaguar Land Rover Rent is the short-term rental system for a Jaguar or Land Rover branded vehicle (hereinafter, the "Vehicle"). These General Rental Terms and Conditions (the "Terms and Conditions") govern the contractual relationship between the participating Jaguar and Land Rover Dealer (hereinafter, the "Lessor") and the customer user of the short-term rental service (hereinafter, the "Customer") jointly referred to hereinafter, as the "Parties. The Jaguar Land Rover Rent Terms and Conditions are subject to change without notice. 

The Rental Agreement is the negotiated document that you sign when you pick up the Vehicle and contains summary rental data (e.g., duration, services required and an estimate of costs), a QR code and a link that directs you to these Terms and Conditions (the "Rental Agreement"). Therefore, any reference to the Rental Agreement is an allusion to (i) the individual contract signed by the Customer and (ii) the Jaguar Land Rover Rent Terms and Conditions. Following the signing of the Rental Agreement, the Customer confirms that the data in the summary is correct and accepts these Terms and Conditions

The Terms and Conditions are a supplement to those set forth in the Rental Agreement signed by the Customer, to which reference is made in full.

 

1. Vehicle

  1.     
  2. "Vehicle" means the vehicle leased under the Jaguar or Land Rover brand, including any replacement vehicle and including all parts and accessories belonging to such Vehicle and additional equipment provided, such as child seats, navigation or other GPS devices, DVD players, snow chains, portable WiFi devices, etc.
  3.     
  4. "Electric Vehicle" means any Vehicle that uses only battery power instead of diesel or gasoline fuel and any of its parts and accessories. 
  5.     
  6. For the purposes of these Terms and Conditions, Hybrid Vehicles and Electric Vehicles are considered, for simplicity, Vehicles. Therefore, if the subject of the rental is an Electric Vehicle or Hybrid Vehicle, the above Terms and Conditions always apply.
  7.     
  8. At the beginning of the Rental Agreement, the Lessor will provide the Customer with a summary of any pre-existing damage in the Vehicle Condition Report ("VCR"). However, this will in no way relieve the Customer from checking, before leaving, the actual condition of the Vehicle by comparing it with what is represented in the VCR. Any discrepancies between the VCR and the actual condition of the Vehicle must be reported promptly to the Lessor's staff so that the VCR can be updated before the Customer leaves the Lessor's premises. 
  9.     
  10. It is the Customer's sole and exclusive responsibility to take care of the Vehicle and reduce the risk of breakdown and damage by complying with the limitations on rental set forth in Article 2 below. The Customer shall, in addition, make sure to use the correct fuel and check the tires regularly. If a warning light is displayed on the Vehicle warning that topping up of any other liquid, e.g., oil, is necessary, the Customer shall top up as necessary and the Lessor shall reimburse the cost of topping up upon presentation of the receipt. It is always the Customer's responsibility to drive and park the Vehicle with due care and in full compliance with local traffic regulations and in a manner appropriate to road conditions. Relying on any GPS device is not recommended, as it does not always show the speed limit of the road being traveled or the road configuration for each area.
  11.     
  12. The Lessor shall deliver to the Customer the Vehicle specified in the Rental Agreement with a full tank of fuel, and, in the case of Electric Vehicles, with a battery charge percentage of 100 percent (one hundred percent), complete with all legal accessories and all valid documentation for circulation.
  13.     
  14. The Customer is required to return the Vehicle with a full tank of fuel or pay for the additional fuel required to fill the tank upon return, including the fueling service charge to offset the costs incurred in refueling the Vehicle on behalf of the Customer. If the subject of the rental is a:     
    •         
    • hybrid vehicle, no level of battery charge is guaranteed at the time of pickup, it being understood that, during the rental period, it is the responsibility of the Customer to take care of charging (through the use of public charging points) in accordance with the conditions provided and is the responsibility of the Customer; 
    •         
    • b. Electric Vehicle, upon collection, the Lessor will ensure that the state of charge is at least 80% (eighty percent). The battery status will be recorded in the VCR and/or the Rental Agreement. During the rental, the Customer should plan stops for recharging in advance, before the battery charge level becomes too low. It is good practice to recharge the Vehicle each time you park it, during overnight stays, and supplement the state of charge with quick recharges as needed.
    •     
        

 

2.  Limitations on Rental

  1.     
  2. The Lessor owns the Vehicle or has title granting for its benefit full use and authorization to sublet. The Customer, for these reasons, may not sublet, transfer or sell the Vehicle
  3.     
  4. Use of the Vehicle is not permitted, including but not limited, to:     
    •         
    • a. to carry passengers for a fee; 
    •         
    • b. to drive off-road or on roads not suitable for the Vehicle (including racetracks); 
    •         
    • c. when overloaded with passengers and/or luggage; 
    •         
    • d. to tow or push any other Vehicle, trailer or other object (without the express consent of the Lessor); 
    •         
    • e. to transport items that could damage the Vehicle (including explosive or combustible materials) or delay the Lessor's ability to re-rent the Vehicle (e.g., poor condition or smelly); 
    •         
    • f. for the transportation of goods for a fee; 
    •         
    • g. to participate in races, rallies or other competitions; 
    •         
    • h. to drive in prohibited areas, including airport service roads and associated areas; 
    •         
    • i. in violation of any traffic or other regulations; and/or
    •         
    • j. for any illegal purpose.
    •     
        
  5.     
  6. Authorization to drive the Vehicle pertains exclusively to the persons named in the Rental Agreement and to those who are added later with explicit authorization (the "Authorized Drivers"), provided that they meet the requirements set forth in Article 3 below. In any case, the Authorized Drivers shall not drive if they are too tired or under the influence of substances that may impair their state of alertness or ability to react, such as alcohol, drugs or certain medications..
  7.     
  8. The Vehicle may be driven in a state other than the country of hire only with the prior authorization of the Lessor, it being understood that any tax, duty or fee for crossing or using across the border shall be borne by the Customer. In the event of failure to comply with the regulations set forth in this Article 2, the Customer:     
    •         
    • a. shall be held liable for any damages, losses, and costs incurred due to failure to comply with the limitations;
    •         
    • b. may lose the benefit of breakdown services, insurance and limitations from liability;
    •         
    • c. may have to pay additional costs,
    •     
        

and the Lessor reserves the right to terminate the Rental Agreement, resulting in the right to repossess the Vehicle at any time at the expense of the Customer, who, inter alia, shall not be entitled to any refund for the portion of the rental rate relating to the period during which the Vehicle was not used.

 

3. Reservation

  1.     
  2. Each Customer warrants and agrees to provide exact and correct information on the personal details, age, residential address, telephone number and e-mail address as well as on the possession of the legal requirements for driving qualification of all drivers qualified to drive the Vehicle for hire. 
  3.     
  4. For all legal purposes, the Customer's domicile is the domicile indicated by him in the Rental Agreement
  5.     
  6. Both the Customer and each authorized driver must meet the following requirements: (i) attainment of the twenty-fifth year of age; (ii) possession of a valid driver's license for the rented vehicle, issued at least thirtysix (36) months ago; (iii) ownership of a credit card enabled on a circuit used by the Lessor
  7.     
  8. The Customer is liable for the actions and omissions of anyone driving the Vehicle provided for hire.

 

4. Obligations of the Lessor

  1.     
  2. The Lessor shall provide the Vehicle in good general and working condition and to replace it in case of mechanical failure. 
  3.     
  4. Lessor shall not be liable for losses related to the rental unless they are the direct or foreseeable result of Lessor's negligence or failure to comply with the Terms and Conditions. In such a case, however, liability will not include lost profit or loss of opportunity.
  5.     
  6. The Lessor is not responsible for the safekeeping of any items left on the Vehicle once it has been returned.
  7.     
  8. The Lessor shall not be held liable for failure to perform its obligations in cases of force majeure. In this regard, "force majeure" shall be considered an irresistible and unforeseeable event that is extraordinary and independent of the Parties' will and prevents the Parties from performing their obligations. 
  9.     
  10. The Lessor's liability is waived for damages that are attributable, directly or indirectly, to the Customer.

 

5. Confirmatory Deposit

  1.     
  2. At the time of booking the short-term rental service, the Lessor is entitled to request the Customer to pay a deposit in the amount of 30% (thirty percent) of the agreed rate for the requested rental period. 
  3.     
  4. In the event of cancellation of the reservation (i) by 24:00 (twenty-four) hours of the 7 (seven) days prior to the scheduled start date and time of the rental, the deposit will be returned in full by the Lessor to the Customer; (ii) from 24:00 (twenty-four) of the 7 (seven) days preceding the to 48 (forty-eight) hours prior to the scheduled rental start date and time, the deposit will be subject to a penalty and returned to the Customer decreased by 50% (fifty percent); (iii) at any time after 48 (forty-eight) hours from the scheduled rental start date and time, the deposit will be retained in full by the Lessor as a compensatory penalty and nothing will be returned to the Customer.

 

6. Security Deposit

As security for the contractual covenants, the Customer is required to pay a security deposit. Unless otherwise agreed in the Rental Agreement, the applicable amount of the security deposit will be  diversified by model type  as follows:

  •     
  • a. Jaguar XE, XF, E-Pace e Discovery Sport, Range Rover Evoque: € 2.500,00;
  •     
  • b. Jaguar F-Pace e Range Rover Velar: € 3.500,00 ;
  •     
  • c. Discovery, Defender (90,110): € 4.000,00;
  •     
  • d. F-type, I-Pace, Defender (130):  € 4.500,00;
  •     
  • e. Range Rover Sport: € 5.000,00;
  •     
  • f. Range Rover: € 7.500,00. 

 

7. Vehicle Verification

  1.     
  2. Except as provided in paragraph 4 of Article 1 above, the Customer, by taking delivery of the rented Vehicle and signing the Rental Agreement and specifically approving the Terms and Conditions, declares that he/she has verified its efficiency and good condition by deeming it suitable for the agreed use. 
  3.     
  4. The Customer undertakes to return the rented Vehicle at the place and on the scheduled date indicated in the Rental Agreement or in any case as soon as the Lessor requests it, free of goods and objects, in the same condition in which it was delivered to him/her, subject to wear and tear proportionate to the duration of the rental and the mileage driven. 
  5.     
  6. During the inspection upon return of the Vehicle, some damages may not be obvious such as damages caused to inaccessible components of the Vehicle (e.g., engine, fuel tank or clutch) or hidden due to poor lighting or adverse weather conditions (the "Hidden Damages"). If the Lessor encounters Hidden Damages, the Lessor, having no responsibility for it, will notify the Customer by regular e-mail to the address indicated in the Rental Agreement, submitting due evidence, before charging the relevant costs.

 

8. Rental with Monthly Formula

  1.     
  2. In the case of rental with monthly formula, the minimum duration of the lease is understood to be 30 (thirty) days renewable with the same time cadence up to a maximum of 12 (twelve) months. 
  3.     
  4. At the end of 12 (twelve) months, the Rental Agreement will terminate automatically without the possibility of tacit renewal. In any case, it is without prejudice to the right of the Lessor, at its sole discretion and upon simple written notice by registered letter with return receipt, telefax or telegram, e-mail, to require the return of the Vehicle, and/or not to replace it following such notice. 
  5.     
  6. Monthly formula rental does not include the provision of a replacement Vehicle in case the rented Vehicle suffers an accident, breakdown and/or theft.

 

9. Charging of Rental Fees

  1.     
  2. The Rental Fees are set forth in the Rental Agreement and are calculated on a daily basis, understood as a 24 (twenty-four) hour duration from the time the Vehicle is picked up, and on an agreed mileage indicated in the Rental Agreement (hereinafter the "Rental Fees"). The mileage rate is determined by reading the odometer. The Customer is obligated to periodically check that the odometer is working and is obligated to let the Lessor know immediately of any malfunctions and following, if so, the instructions that will be given. In the case of excess mileage, the Lessor reserves the right to charge higher costs as specified in the Rental Agreement.
  3.     
  4. For monthly formula rentals, rentals will be invoiced monthly and in advance, until written notice from the Customer to the Lessor of the desire to discontinue the renewal of the monthly formula at least 5 (five) days prior to the expiration of the first 30 (thirty) days of rental and those, from time to time, thereafter.
  5.     
  6. Rental Fees include full maintenance of the Vehicle with the exclusion of fuel (and/or electrical recharges) and tire repairs following puncture from any cause caused therein including hitting potholes or obstacles on the ground, and damage done to windows, roof, underbody, interior passenger compartment and by vandalism.
  7.     
  8. Any expenses incurred by the Customer for minor repairs anticipated by him must be authorized in advance by the Lessor.

 

10. Penalties

  1.     
  2. Failure to return, or the loss or destruction, upon return, of the license plate or on-board documents will, without prejudice to compensation for greater damages, result in the Customer being charged for the consequent technical stoppage until the duplication of the same, in addition to the reimbursement of any expenses incurred for the remaking of the said documents or license plates.  
  3.     
  4. Failure to return the keys of the Vehicle, even though the Vehicle has been returned, will result in the charge of the consequent damage from technical stoppage and the reimbursement of all costs for the replacement of the keys, without prejudice to greater damages. 
  5.     
  6. At the time of return, the Customer has the burden to verify in contradistinction with the Lessor the condition of the Vehicle, ascertaining and signing any discrepancies from what is indicated in the VCR at the beginning of the rental. 
  7.     
  8. The Customer expressly agrees that failure to sign the VCR at the beginning of the rental or the document verifying the condition of the Vehicle at the end of the rental will waive the right to raise subsequent disputes with respect to charges for damages caused during the use of the Vehicle
  9.     
  10. The Customer is obligated to return the Vehicle, at the end of the rental, with a full tank of fuel. In case of failure to refuel the Customer will be charged the cost of the fuel restoration service consisting of a fixed amount and a lump sum. The fixed amount of the service equal to €50.00 (fifty/00) will be charged to the Customer in addition to an amount for the missing liters, calculated with respect to the market price. In the case of Electric Vehicles, the Customer is obliged to return the Vehicle, at the end of the rental, with a minimum charge percentage of 80% (eighty percent). In case of a lower charge, the Customer will be charged the flat rate charging cost calculated on the maximum battery capacity for the percentage missing to 100% (one hundred percent). The relevant kW will be charged at a cost of €1.00 (one/00) per kW.

 

11. Contraventions, Fines, Tolls and Other Charges

  1.     
  2. It is the Customer's responsibility to (i) directly pay all fines or tolls due for access to restricted traffic area (including parking fines or parking fees) related to the use of the Vehicle during the rental; and/or (ii) reimburse the Lessor for any and all expenses incurred in connection with the payment of the fine and/or administrative fees.
  3.     
  4. A portion of these charges will be sent to the Lessor for payment, who will pay them and, thereafter, request a refund from the Customer. Alternatively, the competent Authority or third party may ask to provide the Customer's data and, in such a case, the Lessor will arrange to contact the Customer directly. It is understood that any transmission of the Customer's data to third parties will take place in compliance with European and national data privacy regulations.
  5.     
  6. The Customer shall be liable to pay as contravention administration fees the standard amount charged to recover the Lessor's costs for the payment of tolls, parking fines, parking fees, traffic infraction penalties, or other contraventions the Customer has incurred during the rental.
  7.     
  8. The Lessor will notify the competent Authority of the name of the Customer driver (Re-notification) as required within the legal timeframe or charge back within the limits of the relevant statute of limitations. For each renotified fine, an amount of €40.00 (forty/00) may be charged as a penalty to the Customer. The Customer who is a credit card holder authorizes the Lessor to debit the relevant account for all charges against it inherent to the rental relationship including those that may be necessary for the recovery of any kind of credit claimed by the Lessor against the Customer in connection with the rental relationship.

 

12. Delayed return of the Vehicle 

  1.     
  2. Rental Fees and charges are calculated over 24 (twenty-four) hour periods starting from the time specified in the Rental Agreement
  3.     
  4. The Vehicle must be returned during the opening hours of the Lessor's offices. 
  5.     
  6. If the Customer returns the Vehicle late, a new twenty-four (24) hour period will begin and the Customer will be charged the current standard rate along with any subsequent twenty-four (24) hour period that begins before the Vehicle is returned.
  7.     
  8. The Lessor grants a short "grace period" within which the Customer may return the Vehicle without having to pay the charge for the extra day (the "Grace Period"). The Grace Period is equal to 1 (one) hour from the agreed time.
  9.     
  10. Under certain circumstances, the Lessor may also charge a late return charge limited to the costs incurred if the Vehicle is returned at a time other than the agreed upon time.

 

13. Extension of Hire Term 

  1.     
  2. Should the Customer wish to extend the rental period, he/she shall obtain the prior consent of the Lessor by making a specific written request and upon payment of consideration indicated under "extra day" for each day following the original redelivery date. 
  3.     
  4. In the event that the Customer fails to authorize the return of the Vehicle by the due date of the Rental Agreement, the Lessor, in addition to charging the rate indicated as an extra day for each day of delayed return, shall be free to take action for the return of the Vehicle by charging the Customer for all expenses incurred (including legal fees) necessary for this purpose.

 

14. Incidents

  1.     
  2. In the event of an accident, the Customer agrees to cooperate with the Lessor and its insurance company in any subsequent investigation or legal proceedings, whether civil or criminal.
  3.     
  4. The Customer shall, in addition:     
    •         
    • a. Inform the Lessor immediately; 
    •         
    • b. Complete the European Incident Report Form and immediately send a copy to the Lessor; and
    •         
    • c. Follow the Lessor's instructions for repairing or storing the Vehicle and, in any case, do not leave the Vehicle unattended.
    •     
        
  5.     
  6. In addition, if anyone is injured, the Customer is obligated to report the incident to the local police and take note of the names and addresses of everyone involved, including witnesses.
  7.     
  8. In case of theft, total or partial, the Customer shall immediately inform the Lessor and deliver to the Lessor the original of the report made to the judicial authorities. In case of total theft shall be, also, handed over the keys of the Vehicle. The rental fee is due until the date and time of delivery of the report.

 

15. Insurance Coverage and Exclusions - Claims

  1.     
  2. Rental Fees include the following services:     
    •         
    • a. T.P.L., Third Party Liability, and Green Card insurance coverage for foreign countries. Unless otherwise indicated by the Lessor, T.P.L. coverage does not provide for the waiver of recourse, which is a right of the Insurance Company pursuant to article 142 of the Private Insurance Code - Legislative Decree no. 209 of 7 September 2005 (e.g. recourse is applicable when driving without a licence, or with a suspended licence that has been withdrawn or revoked for traffic offences, or when driving under the influence of drugs, narcotics, alcohol or intoxicants, or other substances likely to impair judgment).In the event of Customer’s fault, for each registered claim, it is the Lessor's right to apply a penalty ("Penalty") to be paid by the Customer;
    •         
    • b. Basic limitation of liability for damage to the Vehicle. This is not an insurance coverage but a conventional reduction of the Customer's economic liability in case of damage to the Vehicle within the limits of a maximum amount ("Deductible") for which the liability of the Customer remains firm. For damages whose total value is equal to or greater than the commercial value of the Vehicle, or for those that do not make it convenient to repair and restore, the Deductible charged to the Customer shall be equal to that provided for the fire and theft;
    •         
    • c. Basic limitation of liability for fire and theft of the Vehicle. This is not an insurance coverage but a conventional reduction of the Customer's economic liability in case of fire and theft (even partial) of the Vehicle within the limits of a Deductible for which the liability of the Customer remains firm.
    •     
        
  3.     
  4. The basic limitation of liability for damage, fire and theft  do not apply:     
    •         
    • a. to damage to the Vehicle (i) to windows, roof, tires and rims, underbody, upholstery and interior trim and/or (ii) as a result of vandalism.
    •         
    • b. when the Lessor clearly discloses in the Rental Agreement that the limitation of liability  is "not applicable". 
    •     
        
  5.     
  6. Unless otherwise agreed in the Rental Agreement, the applicable  Penalties and Deductibles are diversified by model type and summarized in the table below:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

            

MODEL

            
            

TPL PENALTY

            
            

DAMAGE DEDUCTIBLE

            
            

FIRE/THEFT DEDUCTIBLE

            
            

Jaguar XE

            
            

€ 500,00

            
            

€ 2.000,00

            
            

€ 4.000,00

            
            

Jaguar XF

            
            

€ 500,00

            
            

€ 2.500,00

            
            

€ 5.000,00

            
            

Jaguar E-PACE

            
            

€ 500,00

            
            

€ 2.500,00

            
            

€ 5.000,00

            
            

Jaguar F-PACE

            
            

€ 500,00

            
            

€ 3.500,00

            
            

€ 7.000,00

            
            

Jaguar F-TYPE

            
            

€ 500,00

            
            

€ 4.500,00

            
            

€ 9.000,00

            
            

Jaguar I-PACE

            
            

€ 500,00

            
            

€ 4.500,00

            
            

€ 9.000,00

            
            

Discovery Sport

            
            

€ 500,00

            
            

€ 2.500,00

            
            

€ 5.000,00

            
            

Discovery

            
            

€ 500,00

            
            

€ 4.000,00

            
            

€ 8.000,00

            
            

Defender (90,110)

            
            

€ 500,00

            
            

€ 4.000,00

            
            

€ 8.000,00

            
            

Defender (130)

            
            

€ 500,00

            
            

€ 4.500,00

            
            

€ 9.000,00

            
            

Range Rover Evoque

            
            

€ 500,00

            
            

€ 2.500,00

            
            

€ 5.000,00

            
            

Range Rover Sport

            
            

€ 500,00

            
            

€ 5.000,00

            
            

€ 10.000,00

            
            

Range Rover Velar

            
            

€ 500,00

            
            

€ 3.500,00

            
            

€ 7.000,00

            
            

Range Rover

            
            

€ 500,00

            
            

€ 7.500,00

            
            

€ 15.000,00

            

        4 .All prices shown are in Euros and include VAT at the rate of 22% (twenty-two percent).

        5. In any case, the Customer shall not be able to avail itself of any limitation of liability in case of breach of its obligations and, in particular, of the provisions of Article 16 below. In such cases, the Customer shall be fully liable for compensation of the cost of the Vehicle after documentary exchange between the Parties regarding the event.

 

16. Custody and Circulation of the Vehicle and Conditions of Use

  1.     
  2.     

    Custody and Circulation of the Vehicle and Conditions of Use.

        The Customer undertakes to:     
    •         
    • a. keep, use and have used the Vehicle with the utmost care and diligence, in compliance with the destination and characteristics of the Vehicle indicated in the registration certificate and within the limits provided by law;
    •         
    • b. abide by the limitations on rental governed by these Terms and Conditions;
    •         
    • c. drive the Vehicle and guard it with the utmost diligence;
    •         
    • d. ensure that, throughout the time of the lease, the Vehicle is always in the optimal condition to ensure the proper functioning and safety of the same and the persons transported;
    •         
    • e. Immediately inform the Lessor of any breakdown of the Vehicle by discontinuing the operation of the Vehicle, deferring to the Lessor's directions as to the possible replacement or return of the Vehicle; 
    •         
    • f. not sublease or have subleased or rented  the Vehicle;
    •         
    • g. not entrust the driving of the Vehicle to a person other than the Authorized Drivers or, in any case, to a person who does not have the relevant driving license and/or does not meet the requirements of the contract documents;
    •         
    • h. not transport explosive, polluting materials or carry out any other transportation in violation of laws and regulations;
    •         
    • i. not carry animals, substances and anything else that, due to its odor condition, may damage the Vehicle and/or delay the possibility of renoling it in the event that an extraordinary cleaning of the Vehicle becomes necessary to pay the amount of € 150 (one hundred and fifty/00) as a sanitization fee;
    •         
    • j. refueling the Vehicle with the correct fuel, and checking the fluid level and making appropriate top-ups where necessary;
    •         
    • k. not use the Vehicle: for races, trials, contests or competitions; on rough or "off-road" routes or otherwise on roads unsuitable for the Vehicle; for giving lessons; for towing or pushing other vehicles; for driving in prohibited areas; in violation of the Highway Code or other regulations and generally for any illegal purpose;
    •         
    • l. not drive the Vehicle under the influence of drugs, narcotics, alcohol or intoxicants or other substances likely to impair judgment;
    •         
    • m. indemnify the Lessor against any claims made by third parties for damage suffered by them to property carried on the damaged Vehicle
    •         
    • n. indemnify the Lessor for any expenses, including any additional postage and administrative costs associated with the claim, that Lessor may incur as a direct or indirect result of the e Rental Agreement.
    •     
        

 

17. Responsibilities of the Customer

  1.     
  2. The Customer shall, however, be obligated to fully reimburse any damage to the Vehicle due to negligence, willful misconduct or fault, misuse of the Vehicle. The Customer shall be liable for full compensation for the stolen Vehicle in the event that he/she fails to return the keys of the Vehicle or in the event that the theft occurred due to manifest negligence on his/her part. 
  3.     
  4. The Customer may not tamper with any organ and/or part of the Vehicle, especially the odometer. Should this occur, the Customer shall pay, in addition to the agreed rate, the sum of € 1 (one/00) per Km for the conventional mileage of 250 (two hundred and fifty) Km per day. 

 

18. Law and Jurisdiction

  1.     
  2. The Rental Agreement is governed by Italian law. 
  3.     
  4. If the Customer does not qualify as a consumer pursuant to Legislative Decree No. 206 of September 6, 2005 (the "Consumer Code"), any dispute, even of a non-contractual nature, arising out of the Rental Agreement and/or these Terms and Conditions, or relating to or in connection with the same, shall be referred to the exclusive jurisdiction of the court of the Lessor's registered office.  
  5.     
  6. It is expressly without prejudice, however, to the Lessor's right to sue the Customer before any Judicial Authority which, in the absence of this waiver, would have jurisdiction by application of the ordinary criteria of jurisdiction set forth in the Code of Civil Procedure.

 

19. Translation

  1.     
  2. In case of disparity between the Italian and English version of the Rental Agreement, the Italian version stands, inasmuch as the English version is a mere translation.

 

Pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she is well aware of and specifically accepts the clauses below:

 

  •     
  • General Terms and Conditions: are subject to change without notice;
  •     
  • Article 2(1): limitation on Customer's activities with third parties;
  •     
  • Article 2(2): restrictions on the use of the Vehicle;
  •     
  • Article 2(4): liability of the Customer in case of violation of the discipline in Article 2 and the Lessor's right of withdrawal;
  •     
  • Article 3(4): responsibility of the Customer;
  •     
  • Article 4(3)(4)(5): limitation of Lessor's liability;
  •     
  • Article 5: down payment and penalties;
  •     
  • Article 7(3): Hidden Damage and Limitation of Lessor's Liability;
  •     
  • Article 8(2): no tacit renewal of the Rental Agreement;
  •     
  • Article 10: Penalties;
  •     
  • Article 11: Contraventions, fines, tolls and other charges;
  •     
  • Article 12: Late return;
  •     
  • Article 13(2): failure to authorize extension of hire;
  •     
  • Article 15(2)(5): responsibility of the Customer;
  •     
  • Article 16: Custody and circulation of the Vehicle and conditions of use;
  •     
  • Article 17: Responsibility of the Customer;
  •     
  • Article 18: exclusive forum.