Definitions: Lessor: it is the concessionaire: Caravanbacci Ltd. with registered office in CRESPINA Loc.Lavoria in Street G.Galilei P.I. 01496420504 ,Costumer: the person or company who signs this proposal
Vehicle: is the vehicle (motor caravan, caravan, motorhome, etc..) object of the present stipulation,Rental proposal: this stipulation is made up of a “rental agreement” and the “general conditions of lease”
Delivery report: a module containing a description of the state of the vehicle at the time of withdrawal and return at the end of the lease and that becomes an integral part of this stipulation
1. Conclusion of the contract
1.1. Lease proposal: with the signing of this the customer offers the lessor to grant lease, for the period indicated before, the vehicle described.
1.2. Deposit: signing the proposal must be accompanied by payment of a deposit equal to 30% of the total amount of the rental or security deposit. In default of such payment, the proposal cannot be understood properly formulated.
1.3. Conclusion of the contract: the contract will be concluded when the acceptance of this proposal is received by the customer. It is understood, however, that the contract comes into effect if after seven working days from the date of signing of this proposal he does not receive a written refusal of it. Equally be considered as accepted if, before the above deadline has expired, the vehicle were to be delivered to the customer. In case of rejection of the proposal the lessor will be required to return what he received as a deposit.
2. Security deposit: at the time of collection of the vehicle, the customer must pay the deposit, the extent set out in the letter of purchase, to guarantee the proper use and the integrity of the vehicle. Will be entitled to obtain a refund of the deposit within a maximum period of 20 days from the return of the vehicle, once verified and checked the conditions of the same, quantified the amounts still owed to all as provided in paragraphs 6, 7 and 10 and went to successful completion the check deposited by him. Failure to pay the deposit within the terms provided will result in the default of the customer and the contract will be terminated as of right. In this case the lessor, if the balance has already been paid, shall be entitled to hold and in other cases, however, may require the full amount of the lease without prejudice to the other options provided by ‘art.1453 of the Civil Code.
3. Balance and delivery of the vehicle: as payment of the lease the customer is obliged to pay: A) a daily amount in a fixed amount according to the price lists in force B) an amount for possible additions to the insurance conditions, elimination of deductibles, extended warranties etc.. C) An amount for kilometers driven during the rental period (if this situation was provided for in the rental agreement) as reported in the survey conducted by the vehicle’s odometer to the withdrawal and the return of the same. The customer also undertakes to pay to the lessor, all amounts due according to the same to any of the conditions, expenses, penalties, advances against him, described in the following paragraphs of the general conditions. The payment of these amounts will be due upon request of the lessor subject to the terms set in the subsequent step for related disputes. The customer at the risk of the cancellation of the proposal for his non-compliance will carry out the balance of the sum due for the lease at least 20 days before the ‘beginning of the same. As a result of the failure the contract will be terminated as of right to waiver by the customer and therefore the lessor has a right to expect as detailed in the section 6.1.ferme prejudice to the other options provided by ‘art.1453 of the Civil Code. The delivery as well as the return of the vehicle will take place at the company’s headquarters in Lavoria Caravanbacci Ltd. At the time of withdrawal the user, signing the “report of the vehicle delivery”, will declare, for the fulfillment of the contract,
a) To have inspected the vehicle, the on-board equipment and accessories
b) to have found the compliance with the contractually agreed
c) To have found the good maintenance condition and the absence of obvious defects.
4. Obligations and services at the expenses of the lessor: the lessor shall undertake to make available to the customer on the agreed date, the vehicle described in the “rental agreement” full of equipment and accessories agreed. In case of unavailability of the vehicle due to force majeure occurred after the confirmation of the proposed lease, the lessor may propose to the user another vehicle or another rental period of equal cost (or lower cost, recognizing, in this case, refund of the difference). The customer can accept (in this case he will confirm in writing) or refuse, demanding in this case the refund of only the down payment or the amount already paid. It also doesn’t configure default by the lessor, a delay of a maximum of 48 hours in the delivery of the vehicle involved in the lease if this occurs due to force majeure or circumstances beyond the dependence of the same. In case of delays in excess of 48 hours, and always in the presence of the causes described before, the customer may request the termination of the contract with the right to obtain a refund of the amount paid and without any claim for compensation. In case of annulment by the renter not due to force majeure, the client will have the reciprocal right to receive double the deposit and the exclusion of any claim to compensation for damages.
The service includes: A) rental for the duration and kilometers traveled indicated in the rental agreement, B) insurance as specified in the rental agreement. The customer can view the related policies at the headquarters of the lessor. C) Taxes, D) oil, maintenance and repair of mechanical failures not caused by negligence of the customer
The service doesn’t include:
A) fuel, B) final cleaning with empty tanks, C) punctures or breakage of the tires, damage to the rims, etc. D) Insurance coverage in excess of the “green card”, tax claimed from foreign countries, transit rights even for periods in excess of the lease etc.
5. Responsibility of the renter – damages to the user : the lessor does not take any responsibility after delivery of the vehicle involved in the lease, for deficiencies, defects or other defects affecting the vehicle that are not recorded in the report of delivery unless the same are not caused by gross negligence or non-compliance. It cannot be charged to him even damage to people or things that are in the vehicle. He will not be responsible also for any event that occurs after delivery of the vehicle and would make it impossible to use partially or totally the same. For example it is possible to comprehend among these events, illness or other incapacity of the customer, the inability to use the vehicle as a result of accidents caused by third parties, even if covered by insurance, natural disasters, strikes, vehicle theft, etc.. In these cases, the customer will, however, be required to pay the entire rental amount.
6. Obligations of the customer regarding the use of the vehicle
6.1 Renouncement by customer: if for any reason the customer should unilaterally cancel this proposal 6.1.1. He shall be entitled to be refunded of the entire amount paid as a deposit if the cancellation performance of the contract were to be received, in writing to the lessor, prior to acceptance of the proposal (art.1.3.), 6.1.2. he will have the right to a refund of 50% of the down payment if the renouncement is communicated before 30th day after the date set for payment of the balance (from the beginning of the lease) 6.1.3 he will be required to pay an amount equal to 50% of the cost of the entire stay if the cancellation is communicated from the 30th to the 10th day after the date set for payment of the balance (from the beginning of the lease) 6.1.4. he will be required to pay an amount equal to 80% of the cost of the entire stay if the cancellation is submitted after that date and before the date fixed for payment of the balance (from the beginning of the lease) or if the customer does not collect the vehicle the date fixed
6.2. Mileage excess and damages: at the end of the lease the customer will be required to pay the amount of the mileage excess (if provided for in the contract)
6.3. Use of the rented vehicle: the customer must be aware of the rules relating to motor insurance in Italy, the rules of the Highway Code and all applicable regulations in the country of use of the vehicle. It is committed, therefore, to use the same with the utmost diligence, to circulate only in countries where insurance coverage is provided “green card” and not to provoke with his behavior, the forfeiture of insurance coverage them. In particular: 6.3.1. The vehicle cannot be used and conducted in a manner inconsistent with the provisions of its paper circulation. It cannot therefore be used for the carriage of people or things on behalf of third parties and used under overload conditions and with a number of people on board higher than expected, used for towing unauthorized conducted at speeds higher than those allowed by the traffic rules of the country in which it is used and the maximum dictated by the manufacturer, 6.3.2. The vehicle cannot be sub-leased or loaned to third parties, 6.3.3. The vehicle cannot be driven by people in physical conditions not suitable or who fail to possess the requirements of the traffic regulations of the country in which it is used. It can’t be also driven by different people than those specified in the rental agreement and, in any case, by people who have not obtained the license for less than 3 years. 6.3.4. The customer is committed during the stops, as far as possible, to leave the vehicle in secure parking and, in any case, closed and with the anti-theft inserted. He also declares that he is aware of the rules of the road for the running and stopping of motor homes, caravans and motor homes and agrees to comply with any prohibition taking, from now on, the responsibility for possible infringements 6.3.5. in cases of forced interruption of the trip or trouble he has caused or suffered on the motor caravan without compromising its use, the user is obliged to promptly inform the lessor and in any case within 24 hours, so that we can provide for the recovery of the vehicle in the most appropriate conditions or even the reestablishment to the return, and charged to the customer in the event that this is not covered by insurance policies.6.3.6. the use of the vehicle in violation even of a single of the provisions contained in the previous points will configure the responsibility of the customer for all costs arising to the lessor, being understood his right to be refunded of the caused damages. The lessor will be able to enforce these rights holding back the relative amount by the amount paid by the customer to title of security deposit. If the amount exceeds the amount of the security deposit, the customer will be required to pay the difference.
7. Civil liability towards third parties – indemnity to the lessor
7.1. Any liability that the lessor incurs for a breach of the civil, criminal or administrative sanctions for acts or behavior of the client remains the sole responsibility of the latter. Therefore, he will pay the amounts that may be charged to the lessor or, if he is to proceed to the payment, he will promptly refund them. In particular, the customer, during the lease, will be directly responsible for any violation of the laws regulating traffic and parking of the vehicle, 7.2. In case of theft of the vehicle, of all or part of the equipment, fire or accident, the customer must notify the landlord by telegram or fax within 24 hours. In default he shall be liable for any loss or damage arising from failure to inform the lessor, both in the case that they relate to the vehicle in the event that they involve the lessor or third parties 7.3. In case of damages to property of others or suffered by third parties the customer must fill in all parts of the form of amicable accident and, possibly, have it signed by the counterparty. In any other case the user is required to request the intervention of the police, and ensure that the reliefs are properly made to obtain copies of the report and have them sent to the owner within 48 hours of the incident. The customer also will not be able to sign documents that may involve the responsibility of the lessor, without the prior written consent of the latter, 7.4. In all cases in which, even in the presence of insurance coverage, the rental agreement should provide for an excess with a minimum amount charged to the customer, in case of accident, they will be required to pay that amount on request of the lessor. He will draw up a quote for the repair of the damage from his mechanic’s workshop or a mechanic’s workshop of his choice and will give a copy to the customer. The lessor shall be entitled to deduct the amount from the deposit or, where this is not enough, to demand payment from the customer. The lessor also reserves the right to charge the customer for the period in which the vehicle is to remain stationary for repairs, the amount of the daily rate of rental in accordance with the price lists in force at the time. 7.5. In the event of damage to the vehicle covered in whole or in part by insurance the lessor reserves the right to retain the deposit until obtaining compensation from the company and to claim against the same for any damages that may remain unpaid charged to the customer.
8. Maintenance and mechanical failures: during the rental period, the customer undertakes to make the maintenance of the vehicle as specified by the manufacturer. Costs that are incurred for these transactions will be refunded by the lessor with the presentation of an invoice in his name. With regard to the possible repair of breakdowns, the customer must consult, as far as possible, the specialists authorized by the manufacturer of the vehicle leased, since the same is covered by the warranty. If the mechanic’s workshop refuses to perform the intervention for free, or if the vehicle isn’t covered by warranty and the cost exceeds the amount of 150 Euros, the customer must obtain prior authorization by telephone by the lessor. In this case, advance payment will be refunded to the return of the vehicle upon presentation of the invoice addressed to the lessor along with the parts that might be replaced. In any case, the lessor will not be required to reimburse the cost of repairs caused by inexperience or lack of diligence in the use by the customer.
9. Extension or shortening of the duration of the lease: no claim of reduction of the rental cost will be made by the customer in case of early return of the vehicle agreed with the lessor. 9.1. The duration of the rental period cannot be extended for any reason. However, the lessor may authorize the delayed return of the vehicle as a result of customer requests by telegram or fax at least two days before the end of the lease. If the lessor grants the authorization, he will notify the related terms and conditions. In case of delayed return of the vehicle without the same has been agreed you will be charged an amount equal to three times the daily rate for each day of delay or fraction of it. If, however, he has been authorized, the extension will be charged at the rate of the price list in force. 9.2. Six hours after the agreed date for return of the vehicle if it had not been granted an extension of the lease and the customer didn’t communicate, preferably in writing, the failure to return, the lessor reserves the right to lodge a complaint to police.
10. Return of the vehicle: At the date provided in the rental agreement (in the report of delivery) the vehicle must be returned to the lessor. It must be in perfect condition for general maintenance, with the lubricant level, in hygienic conditions and cleanliness both inside and outside and the toilet and dirty water tanks completely emptied. In absence of this condition the lessor reserves the right to make direct arrangements for recovery operations by charging the expenses of both the materials and workmanship to the customer who will be required to pay no further formalities. At customer expense remain also damage, shortages, defects of the vehicle and the equipment either that they have been recognized at the time of delivery of the same or, if not immediately apparent, as notified to the customer within 4 working days from delivery and after final completion of the record of delivery. In the event that at the return the odometer is broken or tampered with and the customer hasn’t immediately communicate this to the lessor, he will be charged of an amount equal to the cost of 500 km per day for each rental day at a rate three times the rate in force. The customer if, in the absence of a claim or cause of force majeure, not covered by insurance, decides to return the vehicle in a location different from that agreed upon in the rental agreement, hereby authorizes the lessor to charge him with the related costs. Among these may be included the cost of taking delivery of the vehicle, the transport to the agreed location, the fare for the days in excess of the rental period in accordance with the price lists in force plus a penalty of € 500 for each day required to regain the availability of the vehicle. The return on time following the one indicated in the rental agreement will be charged as an additional day of rental.
11. Treatment of customer data: According to article 13 of the above mentioned Decree, that the information provided by you to the Company writer, and eventually even sensitive is processed exclusively for the performance of the contract / purchase order confirmation, into being. The above data are processed lawfully and correctly, based on art. 11 of Legislative Decree 196/2003., Then under the criteria of security and confidentiality provided for in Annex B – technical specifications – so called “Minimum security measures.” NATURE OF DATA: The provision of such personal data, including possibly sensitive, it is essential to carry out the purposes of management of the said contract, and their failure to communicate makes it impossible to fully meet legal obligations, as well as those descendants the contract mentioned above (activation warranty, service etc.). USERS’RIGHTS: in accordance with Article 7 of Legislative Decree no. 126/2003, you have the right, at any time, to gain access to your personal data, to have confirmation of the existence, to request correction, updating, to verify its accuracy, any integration or if incomplete, incorrect or collected in violation of the law, to request cancellation, or oppose their treatment, making explicit request directly the Data Controller.
12. Domicile of the parties and jurisdiction: except where otherwise provided by law, any dispute will be settled by the Court of Pisa.
13. To express acceptance of these general conditions of rental and specifically the terms set out in paragraphs 1, 2,3,4,5,6,7,8,9,10