1. Obligations and rights of the lessor
1.1 Zurlo Auto srls. VAT number 02419080748 (pec zurloauto@pec.it), hereinafter referred to as the “lessor,” delivers to the lessee, hereinafter referred to as the “customer,” the motor vehicle with a full tank of fuel (unless otherwise stated in the regular delivery report “vdc” and in the rental contract). The minimum age for renting a motor vehicle is 23 years, and the maximum age is 80 years. It is possible to rent vehicles belonging to groups a/a1/a2/b/c/c1/d/e1/e2/f/m1/s even if the driver is at least 21 years old, subject exclusively to payment of the “young driver” surcharge, the cost of which is specified on page 1 of the rental contract. Details and requirements regarding the minimum age and driving license are also available on the website www.salentoautonoleggio.it. In any case, both the customer and any authorized driver of the rented vehicle must comply with the identification and qualification requirements specified by the lessor. The lessor reserves the right to refuse the conclusion of the contract at its sole discretion and judgment. The motor vehicle is delivered in perfect condition and equipped with all legal and customary accessories and documents (emergency stop triangle; tools; high-visibility vest; spare wheel, as well as any other accessories listed on page 1 of the rental contract; registration certificate, which must always remain in the motor vehicle; insurance certificate and tag, as well as the green insurance card). This circumstance is considered accepted unless contested by the customer who, upon taking possession of the motor vehicle, acknowledges that it is in excellent maintenance condition, suitable for the agreed use, and also equipped with all the above-mentioned accessories and documents. However, the customer retains the right to prove the existence of any hidden defects at the time of delivery and/or defects that occurred during the rental period and are not attributable to them. It is the customer’s obligation to promptly inform the lessor upon discovering such defects. Upon the customer’s specific request, the motor vehicle may also be equipped with a portable satellite navigation system; in this case, the customer must sign a specific delivery report and pay the corresponding supplement, as indicated in the individual rental contract.
1.2 If, in the event of an accident and/or theft and/or fire and/or immobilization of the vehicle, the customer requests its replacement, the lessor may choose not to grant the replacement of the vehicle and may terminate the contract, considering these events as just cause for termination of the relationship. If the lessor exercises the aforementioned right, it waives the right to receive the rental fee for the remaining contractual period.
1.3 The lessor undertakes to reimburse the customer for expenses incurred for repairs due to faults in the motor vehicle, provided that such expenses are supported by an invoice duly issued to Zurlo Auto srls. For expenses exceeding €40.00 (including VAT), the customer must obtain prior authorization from the lessor. Expenses will only be reimbursed if the fault was not caused by the customer and if authorized in advance by the lessor. In case of a fault, the vehicle must be returned by the customer to any lessor’s agency, which will proceed with its replacement, subject to availability and without any charge, except for the lessor’s right not to provide a replacement vehicle, considering this event as just cause for termination of the relationship. If the vehicle has 9 seats, the replacement may be with a similar vehicle or with 2 cars. The lessor guarantees that the customer’s civil liability (and/or that of another person specifically indicated in the contract and therefore authorized to drive the motor vehicle) is covered by a regular RCA insurance policy in accordance with current laws, with a single limit of €5,000,000.00 for personal injury and €1,000,000.00 for property or animal damage. The above policy, being essential in nature, is sufficiently brought to the customer’s attention.
2. Obligations and rights of the customer-lessee
2.1 The customer is responsible for the motor vehicle until the termination of the rental contract, even if the return inspection is not conducted in their presence. If the vehicle is returned during office closure hours, the customer is responsible for paying the rental cost until the vehicle is taken over by the lessor’s counter staff. Any damages found on the motor vehicle will be exclusively borne by the customer.
2.2 The customer agrees to: a) pay the rental fee including the official rate, as well as any contractual penalties (where applicable) and additional charges; b) diligently operate the motor vehicle and keep it along with accessories and documents in compliance with all current regulations in Italy and in countries where driving the vehicle is permitted; c) return the motor vehicle with a full tank of fuel or at the same fuel level as at the start of the rental. Failure to comply authorizes the lessor to charge the customer, in addition to the fuel cost, an additional fee for refueling service (“refuel”), amounting to €1.90 per liter + refueling service €10. Furthermore, the customer must ensure the correct type of fuel is used (unleaded petrol or diesel). In case of improper fuel type or impure fuel, the customer will be held responsible for all resulting damages and costs incurred for vehicle recovery, and will be required to cover these expenses; d) perform regular maintenance on the vehicle, lubrication, check lubricant levels, and brake oil; e) pay for any fines, tolls, and parking tickets incurred during the rental period, and reimburse the lessor for administrative costs in case of late payment (€25.00 + VAT); f) indemnify the lessor from any claims made by third parties for damages to transported goods or items present in the motor vehicle; g) refrain from introducing animals into the vehicle; h) acknowledge not having any real rights over the motor vehicle and therefore not being able to sell it or dispose of it even as collateral; i) in possession of a disabled pass, promptly notify the competent authority of the rented vehicle’s license plate to avoid charges for notification expenses related to traffic fines issued via camera for road code violations. In accordance with international financial circuit regulations (credit card companies), and except as provided in subsequent articles 2.4 and 4.1 regarding liability allocation, all expenses identified after vehicle return but not noted at the time of delivery (so-called “delayed charge”) are charged to the customer. Signing the rental contract implies acceptance of the “delayed charge” clause. The following expenses fall under “delayed charge”: fines, parking fees, tolls, fuel refills, damages to the vehicle, loss and/or damage and/or theft of all vehicle accessories, loss and/or damage and/or theft of insurance certificate, keys and/or license plates. If the rental contract requires a cash security deposit, the lessee accepts and authorizes the lessor to withhold the amount until the damage verification process is completed, which may occur on the day following the vehicle return if not possible immediately due to reasons such as dirty vehicle, poor visibility due to rain, or insufficient lighting at the return location, purely as examples without excluding other events.
2.3 The customer agrees not to operate or use the motor vehicle, and not to allow or tolerate others to operate or use it: a) outside of Italy. Operating the vehicle in the territory of a foreign country not listed above renders all insurance coverage ineffective, and legitimizes the lessor to charge the customer retroactively for all expenses and costs incurred due to non-compliance with the commitment made; b) for the transportation of people or goods for hire; c) in competitions and/or speed trials; d) exceeding speed limits; e) for purposes contrary to the law; f) if it involves a person not listed on page 1 of the individual rental contract; g) if it involves a person who provided false information about their age, name, address, place, and date of vehicle return at the end of the rental; h) for pushing and/or towing objects; i) on tracks, and/or unpaved roads, and/or off-road routes. The customer is obliged to comply with the provisions of the new Highway Code (art. 117). At the time of delivery, vehicles are without antifreeze additive. In the presence of environmental or climatic conditions requiring its use (e.g. mountain driving or cold temperatures), the addition of the aforementioned additive must be performed at the customer’s expense.
In any case, except for proof under Article 1588 of the Civil Code, the customer must compensate the lessor for damages resulting from possible fuel freezing, and reimburse the lessor for all expenses incurred for vehicle recovery. The customer undertakes to use snow chains where required by law.
2.4 In accordance with Article 1588 of the Civil Code, the customer agrees to compensate the lessor for any damage, for any reason, occurring to the motor vehicle, unless they prove that the damage occurred due to a cause not attributable to the customer themselves. Damages will be assessed, quantified, and estimated through a specific technical appraisal, based on manufacturer price lists, including labor costs, consumables, waste disposal, and technical vehicle downtime. Upon signing the rental contract, the customer is required to provide, through credit card, cash, or check, a security deposit, the amount of which is specified in the individual rental contract. The sum will be refunded to the customer if, upon termination of the contractual relationship, the vehicle is returned intact and complete with all its parts and accessories. For any vehicle damage, its parts or accessories, attributable to any circumstance, including, as mere examples and without excluding other events, accident scenarios – with or without collision with other vehicles – as well as theft or fire, both total and partial, the lessor is authorized to definitively withhold the money amount proportional to the extent of the damages suffered through credit card debit or without refund of the security deposit paid at the time of contract formation, it is, however, agreed that in the presence of optional “collision,” “theft” “fire,” and “sociopolitical and natural events” insurance cover, the mentioned debit cannot exceed the maximum values identified in the subsequent articles 5,5.1,5.2,5.3,5.4,5.5 – respectively with reference to the hypothesis of vehicle damage as a result of collision with identified vehicles (penalty “c”) that of theft (penalty “f”) fire (penalty “i”) sociopolitical and natural events (penalty “e” ), in accordance with penalties and exemption as indicated in the following art. 5, under the oversight of the customer before the subscription.
2.5 In case of an accident, the customer is obligated to: a) immediately inform (via telegram or fax or telephone) the lessor, transmitting within the following 24 hours a detailed report compiled on the form enclosed with the vehicle documents; b) inform the nearest authority and obtain a copy of the report, which must be forwarded to the rental station within 24 hours; c) take note of the names, addresses, and telephone contacts of the parties and witnesses, the license plate numbers of all vehicles involved, and the insurance and ownership details of such vehicles; d) provide the lessor with any other useful information; e) follow the instructions provided by the lessor regarding the custody and/or repairs of the vehicle. In the event that the customer does not present the accident declaration completed in full (does not fulfill the informative obligation as per the previous letter a), together with the report compiled by the authority and/or does not comply with the other formalities indicated above, the customer remains responsible for the entire value of all damages caused to the vehicle, regardless of the penalty charged or the subscription. In the event of a potentially active claim, regardless of the subscription to the aforementioned clauses, the lessor will charge the customer a precautionary sum quantified through the application of the “damage table” SBC, or (for damages not covered by this) through a specific technical appraisal, pending payment of damages by the opposing insurance company. Regardless of the cause and manner, in the event of any damage (even minimal) occurring to the vehicle, the customer is obliged to immediately inform the rental office staff where the vehicle was collected and provide a detailed written statement regarding the incident. Otherwise, the customer will be charged for the damages to the vehicle, in addition to technical downtime. In particular, for damages covered by the “damage table” SBC, the latter constitutes one of the items composing the lump sum amount therein; whereas, for damages not covered by the aforementioned table, the customer will be charged, as technical downtime, an amount determined according to the current official rates, equal to the amount due if the rental had continued for a period equivalent to the time required for repairs and the acquisition of spare parts.
2.6 The customer undertakes to return the vehicle and keys to the lessor’s offices by the date indicated on page 1 of the rental contract, with the same accessories and in the same condition as delivered to them. The rental is considered terminated upon receipt of the keys by the lessor’s staff. The non-conventional delivery and in ways other than those indicated on the rental contract are considered onerous, i.e., with the customer being charged for the costs incurred to return the vehicle to the location specified in the contract. If the vehicle is not returned by the stipulated date, the lessor will take back possession of the vehicle, if possible, assuming the customer’s intention after the specified date, meaning that they intended to abandon the vehicle to evade their contractual obligations, with the consequent obligation to reimburse the expenses incurred. In this case, the lessor assumes no obligation for the custody and guarantee of any objects left inside the vehicle by the customer. If the customer leaves the keys inside the vehicle, locking it, they must pay for any expenses incurred for opening and retrieving it, plus an amount, according to the current official rates, related to the period necessary for repairs and the acquisition of spare parts (loss of earnings due to technical downtime). The customer remains solely responsible for the cost of damage assessment and postage expenses. If the rented vehicle is not returned to the lessor on the day and time specified in the individual car rental contract, a penalty of €100.00 per day will be applied.
2.7 The customer undertakes to pay the lessor: a) the fee for the rental period established for the chosen vehicle category at the time of signing the rental contract, specified on page 1. In the daily rate, the term “day” defines a period of 24 hours, or a fraction thereof starting from the delivery of the vehicle to the customer unless otherwise specified in the rate; b) the additional travel supplement (VAL) due if the vehicle is returned to a location different from the start of the rental; the amount of this supplement will be indicated at the time of the formal request by the customer; c) the VAT in force at the time of contract closure; d) the amount necessary to refuel the tank or restore it to its initial level and the refueling service (this if the customer does not return the vehicle with a full tank of fuel and in any case with the same fuel level as at the start of the rental); e) any sums due as penalties; f) the surcharge for delivery and/or collection of the vehicle outside normal working hours. This surcharge is €20.00 + VAT (per vehicle) within 1 hour after office closure; €30.00 + VAT (per vehicle) starting from 1 hour after office closure; €30.00 + VAT (per vehicle) for all deliveries and/or collections of the vehicle outside normal working hours during holidays. The limited mileage rate is determined by reading the odometer. The customer is required to periodically check that the odometer functions correctly and agrees to immediately inform the lessor of any malfunction, following instructions provided in that case. If, at the time of return, the odometer appears tampered with and/or faulty, the mileage fee will be a flat rate based on a distance of 200 kilometers per day. There is a maximum tolerance of 59 minutes beyond which an additional day of rental will be charged. In any case, the calculation is subject to final verification by the starting rental office and/or the ending rental office and/or the billing office.
2.8 The customer undertakes to inform the lessor, at the time of signing the rental contract, of any additional drivers, who must possess the same driving eligibility requirements as the lessee. To this end, the customer agrees to pay the additional supplement established by the current tariff at the time of rental, the amount of which is indicated in the individual rental contract under the “notes” section. Anyone who enters into the rental on behalf of others is jointly liable with them in compliance with the obligations contained in this rental agreement. The customer is responsible, in any case, for all actions and omissions committed by anyone driving the vehicle.
2.9 In cases where our operator cannot be present at the time of vehicle return (for example, return outside office hours/overnight) or due to force majeure, the customer, with prior written authorization from the lessor via email or SMS, may park the car in parking lot P8 located in the airport complex, leaving the key and the corresponding parking entry ticket in the designated box inside the car. Concurrently with the return, to ensure proper reconciliation between the parties, the customer (lessee) undertakes to send detailed photos of the car as confirmation that there are no new damages, using the following contact channels: email at salentoautonoleggio@gmail.com or WhatsApp at 3792614505. Any communications before or after the parking entry time will not be considered valid. The security deposit will be refunded via bank transfer within 2 working days, subject to the lessor’s inspection of the vehicle and confirmation of no new damages.
3. Prohibition of Contract Assignment and Joint Responsibility with Driver
3.1 It is prohibited to assign or enter into the rental contract on behalf of a third party.
3.2 The customer is, in any case, responsible for the actions and/or omissions of anyone driving the vehicle.
4. Theft and Fire
4.1 In the event of theft and/or fire of the vehicle (whether total, partial, and/or attempted), the customer is obliged to report the incident to the competent authorities and to provide the lessor with a copy of the report authenticated by the same authorities. In such cases, the rental payment is due until the date the copy of the report is delivered, at the rate agreed upon at the beginning of the rental. If the report is delivered after the scheduled return date, the official rate will apply. In case of total theft of the vehicle due to the customer’s intent or negligence, in addition to the penalty or compensation claims mentioned above, the customer will be charged an amount equal to the cost of a full tank of fuel, determined based on current prices at the time of the charge. Upon the occurrence of theft, the customer must, in any case, return the original keys of the vehicle. Failure to return the keys presumes gross negligence on the part of the customer for compensation purposes, unless the customer can prove that the incident is not attributable to them. Reference is made to what has already been stated in the superior art. 2.4. In the event of vehicle theft with subsequent recovery, if the vehicle is found damaged or with missing parts, the customer will remain liable to the lessor for compensation within the limits of the theft/fire penalty.
5. Optional Insurance Conditions with Relative Penalties and Deductibles
5.1 Collision (C), compensates for material and direct damages suffered by the insured vehicle due to a collision with identified vehicles, with a deductible of 20% of the damage to the rented vehicle borne by the customer, to be added to an excess of €400.00.
5.2 Fire (F), guarantees the vehicle against risks resulting from fire, even if only in part, for material and direct damages in case of fire, lightning, explosion of the tank or fuel system, with a deductible of 10% borne by the customer.
5.3 Theft (T), guarantees the vehicle against risks resulting from theft or robbery, even if only in part, as well as for direct damages suffered during the execution or attempt of such crimes, with a deductible of 20% of the damage to the rented vehicle borne by the customer, to be added to an excess of €400.00. Any limitation of liability is not effective and automatically lapses in case of theft with failure to return the vehicle keys.
5.4 Sociopolitical and Natural Events (E), deductible of 15% to be added to an excess of €250.
5.5 The insurance coverage described in articles 5.1, 5.2, 5.3, and 5.4 with their respective excess and deductible, is active only if indicated in the individual rental contract in the insurance coverage section with the respective abbreviations “C” “F” “T” “E”. Complete information sheets are available at the rental desk and can be viewed online at www.salentoautonoleggio.it. If the insurance company does not fulfill the payment of the damage for any reason attributable to the customer, the customer will be liable for all the damages caused.
5.6 It is expressly agreed that the effectiveness of the optional insurance coverages “collision, theft, fire, sociopolitical, and natural events” operates only on the condition that the harmful event is not attributable to the customer’s intent or gross negligence. Therefore, the lessor retains the right to full compensation if the damage is attributable to the customer’s intent or gross negligence.
6. Exemptions, Exclusions, Disputes, Miscellaneous
6.1 In accordance with the provisions of articles 33, para. 2, lett. a) and b) and 36, para. 2, lett. a) and b) of Legislative Decree 6 September 2006 n. 205, the lessor will be responsible only for cases of death or personal injury to the customer resulting from an act or omission of the lessor and/or damage suffered by the customer due to total or partial non-performance or incorrect performance by the lessor. The lessor is not required to keep any objects left in the vehicle at the time of return.
7. Prohibition of Temporary Export
7.1 The lessor does not authorize the customer to take the rented vehicle abroad (see art. 2.3 of these general rental contract conditions).
8.
8. Prohibition of Modifying the “General Contract Conditions”
8.1 No modifications can be made to these general conditions unless previously authorized by Zurlo Auto Srls.
9. Rental Payment
9.1 Payment of the full rental amount is due at the time of signing the contract. At the same time, the customer must sign, on page 1 of the rental contract, the authorization to charge the credit card for missing fuel and/or any fines and/or penalty amounts (so-called “delayed charge”). After the agreed rental period has expired, the lessor is authorized to issue a debit note for interest at the official discount rate plus 5 points, except for compensation for greater damages, starting from the date of signing the rental contract.
10. Damages from Vandalism
10.1 The customer will be responsible to the lessor for any damages resulting from acts of vandalism committed during the period the vehicle was in the customer’s possession, whether in their presence or absence.
11. Tracking
11.1 By signing the rental contract, the customer expressly and unreservedly authorizes the lessor, or another person appointed by the lessor, to remotely monitor the correct use and operation of the rented vehicle through satellite alarm systems.
12. Complaints
12.1 Any complaints to be submitted to the lessor must be made in writing within 20 days from the end of the rental period.
13. Fiscal Documentation
13.1 A personalized invoice will only be issued if requested by the customer at the time of signing the rental contract and if the customer has provided their tax code and/or VAT number.
14. Italian Language for Contract Interpretation
14.1 The Italian text of these general contract conditions prevails, in case of discrepancies, over the English text as it expresses the exact will of the parties.
15. Exclusive Jurisdiction
15.1 For any disputes arising from the relationships governed by the rental contract and these contractual conditions, the court of Brindisi shall have exclusive jurisdiction. The rental contract is governed by Italian law, therefore, any disputes related to it will be exclusively subject to Italian law and jurisdiction.
I have reviewed the rental proposal and accept your offer to rent the vehicle described in the rental contract. I also accept your general rental conditions described above, to be considered an integral part of the rental contract. I declare that I am well aware of them and have read them before signing. I finally accept all the indicated rates. I undertake to return the vehicle on the dates and times indicated in the rental contract. I also undertake to pay any fines issued for violations of the traffic code committed by me (in addition to administrative fees and the rental amount if not paid at the time of vehicle collection). Signing the general rental conditions implies acceptance of the “delayed charge” clause.
For the purposes of art. 1341 of the Italian Civil Code, I specifically declare my approval of the provisions in points 1, 1.2, 1.3, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 3.1, 3.2, 4.1, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 6.1, 7.1, 8.1, 9.1, 10.1, 11.1, 12.1, 13.1, 14.1, 15.1 of the general conditions.