Moventur

Rental Agreement

The rental of vehicles by the company Moventur srl or its affiliates or dealers (hereinafter, the “Lessor”), is governed by these general rental conditions, including the privacy policy (hereinafter, the “General Rental Conditions”), by the rental letter/contract signed by the customer (hereinafter, the “Customer”) at the time of rental, by the Moventur Price List in force at the time of signing the same rental letter/contract, viewed by the Customer, who declares to have taken full and complete knowledge of it (hereinafter, collectively, the “contractual documentation” or the “contract”) and to have received the requested information from the “Lessor”.

By signing the Rental Agreement, the Customer declares that he/she has read and accepted the General Rental Conditions and specifically approves the following articles: Art. 2 (Methods and times of booking and payment of the rental), Art. 6 (Use of the Vehicle), Art. 7 (Taking over and returning the Vehicle), Art. 8 (Customer Responsibility), Art. 9 (Financial Responsibility), Art. 10 (Car Protection Plans), Art. 11 (Damage Policy – costs and compensation) Art. 12 (Contract in the name and/or on behalf of a third party and jointly liable), Art. 13 (theft and robbery), Art. 14 (Charges), Art. 15 (processing of personal data), Art.16 (Termination Clause), Art. 17 (Contractual Amendments), Art. 18 (Applicable Law and Exclusive Jurisdiction), Art. 19 (Translation), Art. 20 (Interpretation), Art. 21 (Use of Satellite Devices), Art. 22 (Claims), Art. 23 (Domicile and Communications).

ART. 1 (The Customer – Requirements).
  1. Both the Customer, as the holder of the rental contract, and each driver authorized to drive the vehicle identified in the rental letter/contract must comply with the identification and qualification formalities required by the Lessor. Each driver of the Vehicle undertakes not to provide false information regarding his/her personal details and possession of all the requirements for driving in the country where the Vehicle transits.

  2. Both the Customer and each authorized driver must be between 19 and 85 years of age. To rent the Vehicle, it is necessary to have a Credit Card in the name of the customer.

  3. In any case, the Lessor reserves the right to refuse to conclude the rental agreement at his own free and unquestionable discretion, without the obligation to provide any reason to the Tenant.
ART. 2 (Modalities and times of booking and payment of the rental)
  1. The rental payment is made with the main credit cards, debit cards and ATM cards. Except in the case of rental of the Vehicle with a “Prepaid” rate, the payment of the fee must be made at the latest upon delivery of the Vehicle. In the absence of such payment, the rental letter/contract has no effect.

  2. For rentals lasting more than 28 days, the fee must be paid in advance every 28 days. Reservations are accepted only based on the category of the Vehicle to which the one selected by the Customer belongs; model preferences are subject to the availability of the Lessor and cannot be guaranteed at the time of booking. In the event of unavailability of the booked Vehicle, the Lessor reserves the right to replace it with another of the same or higher category; in the event of unavailability of the latter as well, the replacement will be with a vehicle of a lower category, with consequent recalculation of the rate. In the event of absolute unavailability to assign a replacement Vehicle, or in the event of opposition by the Customer to accept the lower category Vehicle proposed by the Lessor in place of the booked one, the Lessor’s only obligation will be to return everything paid up to that point by the Customer or charged to the latter for the rental of the vehicle. The refund will be made by crediting the amount paid by the Customer to the credit card used for payment.

  3. Any changes requested by the Customer regarding a rental booked with a “Non Prepaid” rate are subject to availability and must be agreed in advance by telephone with the Lessor. The ratewill be recalculated and a surcharge of €50.00 (VAT excluded) will be applied for changes made in the 48 hours prior to the pick-up indicated in the original booking. Cancellation by the Customer of a booking for a rental with a “Non Prepaid” rate will result in the charging of a penalty equal to 10% of the cost of the booked and cancelled rental, or 20% if the cancellation occurs in the 48 hours prior to the scheduled pick-up. The Customer expressly authorizes the Lessor to charge these amounts to the credit card indicated during the booking phase.

  4. Reservations made on the Landlord’s website (Moventur.it), benefit from the special “Prepaid Online” rate and, at the time of booking, the entire rental cost will be charged to the credit card indicated by the Customer. This amount, retained as a confirmation deposit, is not refundable in the event of cancellation, or in the event of changes to the items indicated by the Customer at the time of booking (dates, name, type of Vehicle, etc.), or in the event of early return of the Vehicle. Cancellations made within 24 hours of the original booking pick-up date will be fully refunded minus bank charges, upon email notification. No cancellation request made within 24 hours or on the day scheduled for pick-up will be taken into consideration.

  5. At the time of booking or at the time of signing the Contract, the Customer undertakes to present his/her credit card to the Lessor who will take note of the number and expiry date and will charge the relevant amount as a deposit according to the criteria established in the Moventur Price List (security deposits). To rent the vehicle, it is necessary to show a credit card in the Customer’s name (Visa, MasterCard, American Express), with the Customer’s name and surname on the front and whose expiry date cannot be prior to the date of conclusion of the rental contract. Prepaid cards of any kind are not accepted as a guarantee: Debit Card, Revolving, Postepay, Visa Electron, V Pay, Pagobanco­mat, Viabuy, PayPal, cards with the “Electron” logo or the words “Electron Use Only” and cards belonging to the “Cirrus/Maestro” circuit and virtual cards. The Credit card is required as a guarantee for the Rental andall obligations set forth therein; the security deposit can only be made on a credit card to be physically presented; virtual cards are not accepted. The card must have sufficient funds to cover any extra charges or deposits requested as a rental guarantee. The credit card must, in any case, be in the name of the person indicated as the holder of the reservation who will sign the rental contract. By signing the Contract, the Customer also authorizes the Lessor to charge the credit card presented with the amounts corresponding to the rental fees considered in full (e.g.: excess km, extra days, etc.), damage found upon return, deductibles and any expenses and damages that may be found upon or after return of the Vehicle (e.g.: dent not detected because the return was made in the evening, motorway tolls, etc.).
ART. 3 (Driving the vehicle).
  1. Both the Customer and each authorised driver must be at least 19 years old and in possession of a valid driving licence from an EU/EFTA country that enables the category of the rented vehicle, issued at least 12 months previously and which must be shown in original. Customers residing in a foreign country outside the European Union must be in possession of a valid driving licence from their country of origin accompanied by a valid driving licence for international mobility or translated by an Embassy or equivalent Authority and legible in Latin characters.

  2. For drivers aged between 19 and 24 and over 75, access to the rental is possible through the application of a supplement (Young/Senior Driver), the cost of which can be viewed in the Accessories Price List.
ART. 4 (Refueling).

The Customer is required to return the Vehicle with the same quantity of fuel present at the beginning of the rental, unless the “Prepaid Full” option has been purchased as per the Moventur Price List. In the event of failure to refuel by the Customer, the Lessor will proceed by charging the Customer the cost of the service indicated in the Moventur Price List and the missing litres of fuel.

ART. 5 (Liability Insurance).
  1. The Lessor has insured the rented vehicle with the following insurances – maximum civil liability single €5,160,000 including driver injuries only if the PAI is purchased at the counter and roadside assistance only if purchased at the counter. In the event of an accident, the Customer must fill out the CAI form in its entirety (friendly accident report) existing on board the vehicle, describing the cause of the event, indicating the name of the third parties present at the event, the damage reported by the vehicles and specifying the location of the vehicle. This documentation must be delivered to the lessor as soon as possible and in any case within 24 hours of the event.

  2. The Customer undertakes not to issue any declarations of liability and/or uncertainty regarding the dynamics of the accident. The Customer also undertakes to provide maximum collaboration to the Lessor and its insurers in all disputes arising from the use of the rented vehicle.

  3. The Lessor reserves the right to seek compensation from the customer in the following cases: (a) if the insurance coverage becomes ineffective in the event that the customer has directly or indirectly caused the accident; (b) for the reimbursement of uncovered amounts not covered by the insurance beyond the maximum limits. In this regard, the customer accepts any risk personally, being aware of being the only person responsible for the rented vehicle.

  4. All damages of any nature and extent must be reported in writing to the lessor within the following 24 hours. In case of violation of this provision, the customer will be responsible for all damages resulting from the failure to report or its delay.

  5. In no event shall the lessor be liable for any additional objects, goods or accessories contained in the vehicle, or in any case transported by the same.

  6. The Client is aware that the pre-authorized deposit and/or cashed on his/her credit cards will be returned only once the existence or otherwise of his/her responsibility has been ascertained, and if so, any amounts to be deducted. In the event of the deposit being insufficient, the part not covered by the deposit will be charged to the credit card or in any case must be reimbursed to the Lessor.
ART. 6 (Use of the vehicle).
  1. The Customer undertakes to look after and use the Vehicle with the utmost care and diligence, in compliance with the destination and characteristics indicated in the registration document and within the limits established by law, as well as: (a) not to sublet or rent the Vehicle; (b) not to entrust the driving of the Vehicle to persons other than those authorised in the rental letter/contract; (c) not to carry out any repair work on the rented Vehicle without the written consent of the Lessor and/or without complying with its instructions; (d) to inform immediately inform the Lessor of any faults or anomalies of the Vehicle, interrupting the circulation of the same and referring to the Lessor’s instructions regarding the possible replacement or return of the Vehicle; (e) to refuel the Vehicle using the correct fuel, also maintaining it diligently, checking the level of liquids and carrying out, where necessary, the appropriate top-ups. It is also specified that the vehicles are supplied with the fuel normally used in the areas where they are stored, therefore in cases where it is useful to top up the antifreeze, it is the exclusive obligation of the customer to do so; Moventur will consider itself fully relieved of any problems or damages caused in this case, since it will be considered carelessness of the driver and his exclusive responsibility in the execution of the contract. In this regardin this regard, in the event of negligence, all possible damages to the vehicle will be charged in full to the customer, causing the total forfeiture of any protection purchased or original damage deductible at the time of booking; (f) not to drive the Vehicle if the tyres do not have the prescribed pressure, and to have the maintenance and use conditions of the same checked, assuming any and all liability in the event of failure to comply with this obligation; (g) not to drive the Vehicle under the influence of drugs, narcotics, alcohol or intoxicants or other substances capable of impairing the ability to understand and act; (h) to look after the Vehicle with the diligence of a good father of the family, activating every existing safety device, avoiding leaving valuable devices or objects in evidence inside the passenger compartment and, in general, doing everything necessary to ensure the best possible safety of the property owned by the Lessor; (i) not to circulate the vehicle in countries other than those expressly indicated in the rental letter/contract, unless expressly authorised in writing by the Lessor; to this end, the “green card” (international insurance certificate), delivered together with the documents accompanying the vehicle, does not constitute authorisation in this sense, but rather completion of the documents; in the event of transit in countries where the Customer has undertaken not to circulate The vehicle, the insurance coverage and the agreements limiting and excluding its liability will no longer be effective and any cost the Lessor may incur due to failure to comply with the commitment undertaken will remain the responsibility of the Customer who will have to indemnify it; (l) not to use the Vehicle for the transport of contraband goods, explosive or polluting material or for any other transport in violation of laws or regulations; (m) not to use the Vehicle for competitions of any kind, whether sporting or otherwise, or for testing routes, including on car racing circuits, as well as for giving driving lessons or practicing the same; (n) not to use the Vehicle on roads that are rough or unsuitable for its technical characteristics; (o) not to use the Vehicle to push or tow another motor vehicle or trailer; (p) not to use the Vehicle for any other use in violation of laws or regulations of the highway code, even if not expressly referred to in this article; (q) to promptly inform the Lessor of any report notified to him by any Authority and in reference to the Vehicle during the period in which he had it on rental; (r) to pay any motorway tolls or municipal charges required for transit.

  2. In the event of violation of the rules set out in the preceding points, the Customer is liable to the Lessor for all financial consequences, including any damages, as well as for the theft of the vehicle, with the Lessor having the right to proceed with immediate debit. Similarly, in the event of violation of the rules set out in art. 6.1, the Customer will lose any additional coverage stipulated with the Lessor. Furthermore, the Lessor reserves the right/faculty to immediately dissolve the contract, taking possession of the vehicle at any place and time. Even in this case The Customer will still have to continue to pay the agreed fee for the entire duration of the rental, the extra fee provided for in the general conditions for the additional driver, the cost of the technical stoppage of the vehicle as well as the cost of its withdrawal and this also as a penalty for both consequent damages and loss of earnings.
ART. 7 (Delivery and return of the vehicle).
The Lessor delivers the Vehicle to the Lessee, complete with all the accessories required by law and all the documentation necessary for circulation. By taking delivery of the Vehicle, the Lessee acknowledges that the same, with the equipment, tools and all the accessories delivered to him by the Lessor, is in verified mechanical working conditions, in good general condition and compliant with the agreed use.
  1. Vehicle replacement is included in the rental fee except in the case of breakdowns due to the Customer’s own fault, or due to his willful misconduct or negligence.

  2. In the event of failure to return the documents accompanying the Vehicle and/or the license plate, the Customer must declare the loss to the public authorities and undertakes to pay, as a penalty, a sum equal to the “Standard” daily rental rate for each day necessary until the duplication of the same, without prejudice to compensation for the related expenses and further damage.

  3. In the event of failure to return the keys to the Vehicle, regardless of the cause, and even if the Vehicle has been returned, the Customer is required to pay a penalty equal to the “Standard” daily rental rate of the Vehicle for each day of delay until the return of the same, or upon presentation of the original of the report of loss or theft surrendered to the competent Authorities, increased by an amount indicated in the Moventur Price List, without prejudice to any further damages.

  4. In the event of failure to return or damage to the standard and additional accessories of the Vehicle, regardless of the cause, the Customer is required to pay, as a penalty, a sum whose amount is indicated in the Moventur Price List, without prejudice to any further damages.

  5. Any claim or complaint against the Lessor in relation to the rental carried out may be made by the Customer, under penalty of forfeiture, within and no later than the non-extendable term of 10 days starting from the date of return of the Vehicle.

  6. The Customer undertakes to return the Vehicle, together with its accessories and documents, free of things or goods, in compliance with the times and places indicated in the rental letter/contract, in the same conditions in which it was delivered, including cleaning, except for wear and tear proportionate to the duration of the rental and the mileage travelled.

  7. Upon return, the Customer is responsible for verifying, in consultation with the Lessor, the condition of the Vehicle, verifying and signing any discrepancies with respect to what is indicated in the rental letter/contract at the time of delivery. The content of the return report will be full proof between the parties. In the event of failure to carry out a joint verification, the Customer hereby expressly authorizes the Lessor to charge the cost of any damage found on the Vehicle even after return.

  8. In the event of failure to return the Vehicle within the time indicated in the rental letter/contract (i.e. 59 minutes after the deadline established therein for return), the Customer undertakes to pay, as a penalty, a sum equal to the “Standard” daily rental rate of the Vehicle for each day of delay until return, without prejudice in any case to greater damages, except in the case where written authorization has been issued by the Lessor to continue the rental. In this case, the previously agreed daily rate will be due until the end of the authorized period; after this period, the penalty indicated above will be applied again. For rates subject to time limits (e.g. weekends, holidays), once the grace period has elapsed, the possibility of applying such rates lapses and the entire rental will be charged at the “Standard” daily rental rate.

  9. In the event of failure to return the Vehicle to the location indicated in the rental letter/contract, but in any case, to an Agency of the Lessor, the commissions set out therein for “one-way rental” shall apply. In any case, the Customer undertakes to pay the amount indicated in the Moventur Price List as a penalty. The Vehicle must be returned during the opening hours of the Agency where it was collected, or, upon request of the Customer, to another Agency of the Lessor. In the event of return outside the opening hours of the Agency, the rental shall be considered concluded at the time of the subsequent reopening of the same, provided that the Vehicle has actually been collected by the Agency – both for the purposes of determination of the fee, as well as those of the responsibility connected with the possession of the Vehicle itself (by way of example and not limited to, in relation to fines, damages, theft and/or total or partial fire).

  10. In the event of a breakdown, upon simple request by the Lessor, the Vehicle must be returned by the Customer to any of the Lessor’s agencies, which will replace it subject to availability, without any charge to the Lessor and without prejudice to the right of the latter, at its sole discretion, not to grant a replacement Vehicle in the event of insolvency, theft, fire or serious accident of the rented Vehicle. Any replacement will normally take place with a Vehicle of the same category; in the event of unavailability, a Vehicle of a lower or higher category may be delivered to the Customer, applying the reductions and increases provided for in accordance with the methods indicated in the Moventur Price List.
ART. 8 (Customer Responsibility).
  1. The Customer undertakes not to use the vehicle in violation of the laws and/or regulations of the State. He also undertakes, with this agreement, to relieve the Lessor from anycivil and criminal liability arising from the use of the Vehicle for infringements, seizures, penalties, irregular use and conditions of the rented vehicle, the latter if not attributable to the same Lessor.

  2. In particular, the Lessor is exempt from any liability or risk relating to loss or damage to persons or things arising from the use of the rented vehicle and the Customer agrees to indemnify the same from any claim, action or demand of third parties arising from or connected to the use of the rented vehicle. The Customer undertakes to reimburse the Lessor for the amount advanced by the latter, in addition to all administrative costs incurred.

  3. In any case the vehicle is prohibited from circulation for reasons attributable either directly or indirectly to the Customer, the latter shall continue to pay the fee until the normal authorization to circulate the vehicle is restored.

  4. In case of theft, fire, robbery or damage to the rented vehicle, the Customer is required to pay for the damages caused, except for the indication of deductibles indicated in the chosen rental contract. The customer has the option of subscribing to one of the proposed coverages, Bumper, Business or Premium, described in the particular conditions of the Lessor.

  5. The Customer is also responsible for any damages resulting from carelessness and those resulting from failure to comply with the rules established in these conditions..

  6. Ordinary and extraordinary maintenance necessary for the proper functioning of the vehicle will be provided exclusively by the Lessor. The rental fee does not include:damage caused: (i) to the interior of the vehicle; (ii) to the rims and tyres; (iii) resulting from carelessness and/or improper use of the vehicle; (iv) to the roof and underbody; (v) caused by failure to assess the height and width of the vehicle and objects protruding from or overlying the roof; (vi) to the clutch kit attributable to the so-called engine over-revving; (vii) all damage caused by violation of the provisions regarding use of the vehicle set out in the previous art. 6; (viii) reinstatement of the air bags.

  7. The Customer loses the right to assistance in the event of violation of the provisions set out in theprevious points and in art. 6. In this case, the entire amount of damage suffered by the vehicle will therefore be charged to him.

  8. The Customer is also responsible for the consequences of violations of the laws related to the circulation of rental vehicles. All fines for violations imposed in response to such violations, as well as the management costs related to the same, are and remain the responsibility of the Customer. The latter therefore undertakes to pay the amount due as a fine or charge of any nature deriving from them, indemnifying or compensating the Lessor from any prejudicial consequence, direct or indirect. To this end, the Lessor will, where possible, request the issuing bodies to notify the Customer of any documents that may be delivered to him. If the request for notification is not possible, the Lessor will directly pay the amounts requested, as specified in the infringement reports, with subsequent charging to the Customer as compensation for the damage suffered..

  9. In case of notification of tax bills for failure to pay the fines incurredIn the event of violations of the Vehicle circulation regulations, the Lessor will charge the Customer the amount of the fines, plus administrative costs.

  10. In the event of the hypotheses referred to in the previous points and in order to exclude any liability, the Lessor has the right to promptly show the competent Authorities the Registers and Documents certifying the identity of the User of the Vehicle at the time of the dispute.
Art. 9 (Economic Responsibilities).
With Moventur the Customer always has the following included in the Rental: –           RCA (auto third-party liability) –           CDW (Collision Damage Waiver, i.e. maximum amount chargeable in the event of damage to the bodywork only) –           TLW (theft liability reduction, i.e. maximum amount chargeable in case of theft) The values ​​of the maximum liability for damage or theft, therefore of CDW and TLW, vary according to the category of rented vehicle.
  CDW       TLW CATEGORY/SEGMENT
€1.800,00 €2.000,00 B/B2/B2V/B5/B5C/B5C1/B51/BA/BAV/B1/BV
€1.800,00 €2.000,00 C/CA/CAH/CAV/VH/CV
€2.100,00 €2.500,00 D/DA/DV/DG
€2.100,00 €2.500,00 E/EA/EAV/EJ
€2.500,00 €3.000,00 F/FA/FAJ/FJ/FV
€2.500,00 €3.000,00 SW/SWA
€3.500,00 €4.500,00 L/LP
€4.000,00 €5.000,00 P
Art. 10 (Car Protection Plans).
WHAT’S INCLUDED? PREMIUM BUSINESS      BUMPER NO ADDITIONAL COVERAGE
Bodywork damage Included Included Front & rear bumpers  CDW
Tire and glass damage Included Included Excluded Excluded
Mechanical damage Included Excluded Excluded Excluded
Upholstery and internal damage Excluded Excluded Excluded Excluded
Total or partial theft Included Included Excluded  TLW
Total or partial theft in risky areas (Puglia,Campania,Sicily) Included Included Excluded Excluded
Roadside Assistance Included Included Excluded Excluded
Underbody damage Included Excluded Excluded Excluded
Damage from atmospheric events (e.g. hail/flood) / Vandalism and fire Included Excluded Excluded Excluded
Technical downtime costs Included Included Excluded Excluded
Management expenses, Damage practice / Passive or insolvency claim Included Excluded Excluded Excluded
Theft claim management service Included Included Excluded Excluded
Second driver Included Excluded Excluded Excluded
Foreign transit Excluded Excluded Excluded Excluded

All protection plans can be purchased on any vehicle category.

PLEASE NOTE: In any case, the Customer will be charged in full for all damage to the vehicle caused voluntarily by the Customer, or in connection with or as a consequence of a violation of road traffic regulations, through carelessness, driving on rough roads, errors of judgement while driving and in any case for incorrect driving behaviour of the vehicle, for example, without the list claiming to be complete: damage resulting from incorrect assessment of heights and protrusions, damage caused to the clutch, damage resulting from incorrect refuelling, damage caused by not paying attention to a warning light, damage caused without the involvement of third parties.

Furthermore, damages caused by atmospheric events (e.g. hail/fires/floods) and damages resulting from acts of vandalism will always be charged to the Customer in full, except for specific Moventur protection plans subscribed to in addition to the rental service.

(*) ATTENTION: In case of theft in the Campania, Puglia, Sicily regions in the absence of the relevant protections, the maximum liability values ​​provided for by the TWL will be increased by 30%.

Art. 11 (Damage Policy — Costs and Compensation).

By signing the contract, the Customer authorizes the Lessor to charge the credit card provided for any damage found on the vehicle at the time of return and the administrative costs associated with such damage.

For practices relating to easily identifiable damages, the application of flat-rate quantification criteria is foreseen through the use of a DAMAGE GRID practice that the customer declares to have viewed and expressly accepts. The amounts contained therein take into account the restoration costs determined on the basis of the manufacturers’ price lists and apply without distinction to all vehicles of the same segment or category (*). The rates are drawn up and regularly updated by experts registered in the national register, according to the average repair costs of the most frequent minor damages.

For the sake of completeness, this document also includes summary tables of any administrative costs and other additional charges applied as penalties in the event of loss/damage to vehicle components (e.g. loss of license plate) or additional services in the event of a breakdown (roadside assistance and tow truck costs).

Purchasing Protection Plans reduces or cancels liability of the Customer in the event of damage to the vehicle under the specific conditions set out therein.

Below are the criteria for identifying and charging damages and how any disputes regarding them are handled.

  • VEHICLE INSPECTION

During the check-out phase (delivery of the vehicle to the Customer), all damages present on the vehicle will be listed in the relevant Damage Check Sheet attached to the contract.

We invite the Customer to carefully examine it, verifying its correctness and reporting any discrepancies to our operators who will update the Damage Check sheet and request a new signature before the Customer collects the vehicle.

At the time of return (check-in) the vehicle will be inspected together with the Customer, indicating any new damage not caused by normal wear and tear on the relevant Check-In Form.

In all cases where the inspection is carried out unilaterally by the branch operator, any anomalies/damages found will be communicated to the Customer via email with attached documentation.

  • HIDDEN DAMAGES

In the event of hidden damage, i.e. damage not detectable by an initial check by the branch operator during the check-in phase, concerning non-visible parts of the vehicle (e.g. mechanical parts, such as the engine, clutch, tank, etc.), the Customer will be informed subsequently and will receive all the documentation proving what was found before charging the corresponding costs.

  • TECHNICAL STOP

Should the vehicle require repairs, replacements or in the event of loss of the vehicle remake key, Moventur reserves the right to send the Customer an invoice including the item “Technical Downtime Days”, i.e. the days of non-rental of the vehicle for the time necessary for the repair work and the acquisition of spare parts, for the daily amount of Euro 50.

Art. 12 (Contract in the name and / or on behalf of a third party and jointly and severally liable).

Whoever enters into the rental agreement in the name and/or on behalf of a third party is jointly and severally liable with the third party for full compliance with all obligations contained in the rental agreement, without the benefit of prior enforcement; the Customer who enters into the rental agreement is in any case liable for any fact, action or omission attributable to the driver of the vehicle. All customers and/or additional authorized drivers as well as credit card holders will be jointly and severally liable for all obligations of the holder of the rental agreement arising from the contract and the laws applicable to it. Any deductibles are not valid if the driver is not the same as the customer or the first driver.

ART. 13 (theft and robbery)
  1. In the event of theft or robbery, the Customer undertakes to immediately report the matter to the Lessor and report it to the competent authorities. The Customer is also obliged to deliver to the Lessor the following documents: (i) original or certified copy of the report; (ii) keys to the vehicle (except in the case of robbery); (iii) keys to the anti-theft device installed (except in the case of robbery); (iv) more generally any other vehicle document that may remain in his possession, all in the shortest time possible and in any case no later than 24 hours after the event.

  2. Failure to return all the vehicle keys and those of the anti-theft device to the Lessor, except in the case of robbery and with the sole exception of the case, to be documented with the delivery of the relevant receipt or receipt, of parking the vehicle in an authorised car park with delivery of the keys, will constitute a violation of the rules relating to the use of the vehicle as per art. 6. In this case, therefore, the customer will be charged as a penalty, an amount equal to the commercial value of the vehicle at the time of the theft, as well as the value of the vehicle at the time of theft in reference to the prices in the periodical “Quattro Route”.

  3. The Customer accepts, declaring himself aware of this, that even in the event of theft and robbery and regardless of compliance with the obligations set out in the previous points 1 and 2, the authorization to withdraw from his credit cards will become ineffective only once the responsibilities and any amounts to be deducted have been officially ascertained.

  4. The Customer also assumes any risk inherent or even just connected to the theft or robbery of the vehicle, being aware of being the only person responsible for its custody and circulation, having its use and possession. Therefore, uncovered amounts and deductibles not paid by the Insurance Company fall exclusively to the Customer.

  5. Always in relation to what is provided for in the previous points, the Lessor has the right to take action against the Customer: (a) if the insurance coverage becomes ineffective because the Customer, directly or indirectly, caused or facilitated the theft or robbery; (b), for the reimbursement of deductibles and excesses not covered by the Insurance.
ART. 14 (Charges).

The Customer is obliged to pay the Lessor: (a) the rental fee, determined according to the criteria defined in the Moventur Price List and published on the website www.Moventur.it and in the information documents at the Moventur Agencies, as well as defined in the agreements with the Tour Operators until the vehicle is returned or repaired in the event of the return of an accidented vehicle; it is specified that in the event of rentals concluded through Tour Operators, the Customer remains jointly and severally liable with the same towards the Lessor for the payment of the amounts due under the rental agreement; (b) the reimbursement of expenses incurred for the recovery of the Vehicle not returned to the agreed place for any reason; (c) the amount of the pecuniary sanctions charged to the Customer and/or the Lessor for violations of the Highway Code or other applicable legislation, committed by the Customer during the rental of the Vehicle; (d) any other sum due on the basis of the provisions of the previous articles (including, by way of example and not limited to: motorway tolls, municipal charges for entering the ZTL zone, refuelling service, one-way travel service, replacements, out-of-hours service, supplements, penalties, compensation and indemnities).

ART. 15 (Processing of personal data).

In accordance with GDPA 679/2016, the customer declares to have received and read the information in the privacy policy. The Customer’s personal data will be processed in order to: (a) provide the rental services and (b) evaluate whether to provide rental services in the future. The lessor will provide the Customer’s personal data, in accordance with the provisions of the legislation in force and if necessary, given the explicit consent of the Customer, to: a1) companies or subjects connected to Moventur, by virtue of relationships of collaboration, partnership, affiliation, agency, or otherwise, limited to what is necessary for the provision of the rental services and for making the reservation; b1) Supervisory authorities/Local authorities and companies in charge of managing parking lots if such information is necessary for the performance of the service and within the limits set by the legislation in force, or in order to verify the validity of the Customer’s driving license; c) third parties acting on behalf of the Lessor in the management of disputes, debt collection and in the processing of surveys among Customers, which the Lessor uses to improve its services. The Customer has the right to access his personal information held by the Lessor (even for a fee if permitted by law) and may request to file, modify, block or remove any personal information in all cases provided for by law, as reported in the “Privacy Policy”, on the services MOVENTUR. The data controller is the rental service provider, as also reported in the aforementioned “Privacy Policy”.

ART. 16 (Termination clause).
  1. Pursuant to art. 1456 of the Italian Civil Code, the Lessor reserves the right to terminate the rental agreement in the following cases: (i) when the Customer has caused serious damage to the vehicle such as to compromise its safety; (ii) when the cost of repairing the damage suffered by the vehicle, left to the quantification of the Lessor, is equal to or greater than 50% of its commercial value derived from the magazine Quattro Ruote; (iii) when the Customer has violated even just one of the clauses of the rental letter/contract and of these general conditions.

  2. In the event of the Lessor exercising its right of termination, the Customer, upon simple request of the former, will immediately cease use of the vehicle and return it to the Lessor’s premises or to another place expressly indicated by the latter.

  3. The exercise of the right of termination by the Lessor does not release the Client from the obligation to pay the agreed fees until the end of the lease. Therefore, the fees already paid in advance will not be reimbursed by the Lessor, while those still to be collected will be charged to the Client, both as an irreducible penalty, without prejudice to compensation for greater damages suffered by the Lessor.

  4. For its part, the Customer will have the right to early termination if the Lessor is involved in the following events: (a) judicial liquidation; (b) proposal for preventive composition; (c) subjection of controlling shareholders or directors to precautionary measures; (d) revocation of authorizations for the exercise of the rental. In such cases, the Customer will have to pay exclusively the agreed fees accrued in the rental period actually enjoyed and up to the time of return of the vehicle. Any right of the Customer to compensation for damages for the period of non-use of the service is excluded, the latter expressly waiving it.
Art.17 (Contractual modifications).

No modification may be made to these General Conditions without the consent of a representative of the Lessor with appropriate written power of attorney.

ART. 18 (Applicable Law and Exclusive Jurisdiction).

The rental agreement signed by the parties will be governed exclusively by Italian law. For any legal dispute that may arise regarding the validity, interpretation, execution or termination of this agreement, the Court of Verona will have exclusive jurisdiction, without prejudice to the application of the consumer’s jurisdiction.

ART. 19 (Translation).

In case of doubt or differences of interpretation, the Italian version prevails over the English version.

ART. 20 (Interpretation).

If any provision of the rental letter/contract and of these general conditions is deemed invalid or ineffective, in whole or in part, the same will be inapplicable and the contract will remain valid and effective for the remaining provisions.

ART. 21 (Use of satellite devices).

The Customer expressly consents to the use of satellite devices capable of detecting and tracking the location of the rented vehicle at any time, in accordance with what has been read in the Privacy Policy. He/she declares to be aware that such data may be communicated to Judicial Authorities, Law Firms, Companies specialized in the prevention and management of thefts or accidents and Insurance Companies. He/she hereby authorizes the Lessor to use the contents for any action to defend his/her rights.

ART. 22 (Claims).

In the event of an accident, the customer undertakes to promptly communicate the event by telephone And the circumstances that could lead the Vehicle to an accident, without delay by sending an email with a brief description of the accident to the address: sinistri@Moventur.it. The customer also undertakes to report the accident during check-in (by ticking the appropriate box on the form), delivering a copy of the friendly accident report (CAI) and/or the relevant police intervention report if they intervened. In the event of returning the vehicle at times when there is no staff, with delivery in a key box, the customer undertakes to leave a copy of the CID and any report inside the vehicle (on the front right seat, passenger side). In all cases in which the customer violates the communication obligations arising from this article, any subsequent disputes will be handled directly by our legal office. Please note that the CAI form does not exclude the Customer’s liability until the insurance company concerned has declared it “active” for the Lessor.

ART. 23 (Communications).

Any communications from the Client must be sent strictly, by certified email, or registered mail with acknowledgement of receipt, to the following addresses: moventur@legalmail.it; registered mail to Moventur, via Torricelli n. 27, 37136 Verona; Communications will be considered received on the date indicated on the certified email delivery notice, or on the registered mail receipt, or on the fax receipt.

DELAYED CHARGE CONTRACT” (Service Content) The “Delayed Charge” service allows Moventur S.r.l. to charge the holder of the credit card used and/or withhold from the security deposit paid for the car rental service all amounts received or detected after the return of the vehicle relating to taxes, fuel, drop off (returning the vehicle to an agency other than the one where it was collected), administrative costs for notifications of fines, comprehensive deductible, theft, fire and robbery deductible, insurance, failure to pay tolls, fines, accessories, damage caused to the vehicle. The amounts subject to the “Delayed Charged” service will be documented and traceable to the Customer.