Rental Terms and Conditions
Start & Go, with registered office in Corso Angelo Rizzoli, 70 – 80076 Via Lacco Ameno (NA), hereinafter referred to as “LESSOR”, rents to the “LESSEE”, hereinafter referred to as “Customer”, the motor vehicle (including any motor vehicle replacement) in accordance with this Rental Agreement (hereinafter referred to as the “Agreement” or “Rental Letter”), which incorporates the terms and conditions, as well as the particular information and conditions contained on the front of the Agreement that the Customer has signed.
The rights and obligations contained in this Contract regulate the use of the vehicle, owned by the lessor, by the Customer and cannot be transferred by the same to anyone.
The Customer acknowledges that he does not hold any real rights over the rented vehicle and the accessories supplied and therefore cannot dispose of them in any way, not even on a temporary basis; therefore, any attempt to transfer or sub-rent the vehicle by anyone on behalf of third parties is null and void.
The lessor grants the Customer the use of the vehicle only according to the terms and conditions of this Contract.
1. Rental contract
The rental contract or letter is an agreement between the vehicle supplier (Lessor), and any capable person, having the mental, physical, and attitudinal requirements who signs the rental letter/contract, pursuant to art. 84 of the Highway Code (Customer).
The particular conditions applicable to the rental are summarized in the rental contract or letter, including the characteristics of the rented vehicle, the times and places of the beginning and end, the services, including accessories, including the economic conditions applicable therein.
These general conditions are an integral part of the rental contract (or letter). The changes made to the following general conditions will be preceded by specific communication through the website www.ischianoleggi.it.
2. Rental access
Both the Customer and any additional driver authorized to drive the vehicle, identified in the Rental Letter, must comply with the identification and qualification formalities required by the Lessor, providing, to extract a copy, a valid identity document. Each driver of the Vehicle undertakes not to provide false information regarding his/her personal details, age, residential or domicile address, telephone number, e-mail address, as well as the possession of all legal requirements for driving qualification, aware of the fact that in case of false declarations he may be criminally prosecuted for what he declared. Both the Customer and each authorized driver must be aged between 21 years and 79 years and be in possession of a valid driving license for the rented vehicle, issued for at least 24 months, which must be shown in order to extract a copy. . For the driving of people under 25 years of age, access to the rental is permitted with the application of a daily supplement.
3. Vehicle
The Lessor provides vehicles covered by compulsory R.C.A. insurance, in accordance with current Italian laws. The R.C.A. Policy guarantees insurance coverage for civil liability towards third parties, animals, and things (excluding those ones transported).
The vehicles supplied are roadworthy, equipped with safety equipment (emergency parking triangle; tools; high visibility vest; spare wheel and/or repair kit) and in compliance with registration and circulation tax. Signing the Rental Letter constitutes acceptance of the insurance conditions between the Lessor and the insurance company chosen by the same one.
4. Method of payment
For vehicle rental, payment is made in advance with the main credit cards, or by debit card – subject to specific authorization from the issuing institution – or by cash, or bank transfer. In case of payment by credit card registered to a person other than the Customer, the additional signature of the card holder will be necessary. In any case, the Lessor has the right to refuse the conclusion of the rental contract at its free and unquestionable discretion, without the obligation to give any reason to the Customer.
5. Vehicle pick-up and drop-off
The Lessor delivers the vehicle to the Customer complete with all legal accessories and all the documentation necessary for traffic. The vehicle is delivered to the Customer through the delivery report (checklist) managed digitally by the “Car Rental Checklist” app, subject to signing on digital or paper support if the digital support cannot be used for reasons not attributable to the Lessor.
Delivery takes place following verification of the condition of the vehicle, with indication and possible photographic documentation of any existing damage. The condition of the vehicle and the completeness of the accessories required by law is taken for granted by the signing of the report on the digital medium mentioned above and by the failure of the customer to contest the vehicle, who, taking the vehicle, recognizes that it is in an excellent state of maintenance and suitable for the agreed use and also that it is equipped with all the accessories and documents indicated.
However, this is without prejudice to the Customer’s right to prove the existence of any hidden defects at the time of delivery and/or defects that occurred during the rental that are not attributable to him. It is the Customer’s obligation to communicate the discovery of the defects to the lessor immediately. The Customer undertakes to return the Vehicle, together with its accessories and documents, free from things or goods, in compliance with the times and places indicated in the Rental Letter, in the same conditions in which it was delivered to him, including cleaning, without prejudice to the Wear is proportionate to the duration of the rental and the mileage travelled.
The expected time for returning the vehicle (check in), indicated in the contract, is purely indicative. This means that, for any purpose, the time indicated in the return report drawn up through the “Car Rental Checklist” application will prevail. If the Lessor grants one or more hours of tolerance with respect to the expected return time, these will already be calculated in the contract under the heading “expected return”. Upon return, the Customer has the burden of verifying, jointly with the Lessor, and via the “Car Rental Checklist” App used for delivery, the state of the Vehicle, ascertaining and signing any discrepancies with respect to what is indicated. in the report at the time of delivery. In case of failure to jointly verify, the Customer expressly authorizes the Lessor from now on to charge the burden of any damage found on the Vehicle even after its return, in analogy to the provisions of the “Delayed charge Agreement” referred to in the art. “8”, signed and delivered to the Lessor.
The types of penalties for failure to comply with the vehicle return times (check in) are linked to the choice of one of the rental rates provided by the Lessor and/or any intermediaries (Brokers). In the event of failure to return the Vehicle within the times indicated in the Rental Letter, according to the chosen rate, the Customer undertakes to pay the related penalty, without prejudice in any case to greater damage, unless written authorization has been issued by of the Lessor upon the continuation of the rental. In this case, until the end of the authorized period, the previously agreed rate valid at the time of the extension request will be due; after this deadline, the above penalty will be applied again. It is possible to choose, as a further extra at the time of booking, the possibility of returning the vehicle to a place other than that of delivery (check out).
This extra will be indicated in the rental letter, together with the amount due. In other cases of failure to return the Vehicle to the place indicated in the Rental Letter, but in any case, to an Agency of the Lessor, if this option has not been chosen and indicated in the contract, the Lessor reserves the right to charge a penalty related to the any damage resulting from the unavailability of the vehicle at the expected return agency.
The Vehicle must be returned during the opening hours of the Agency where it was collected. The vehicle will be returned outside the Agency’s opening hours upon payment of the applicable surcharges and penalties. Until that moment the Customer will be held responsible for any event concerning the vehicle (by way of example and not limited to, for fines, damages, theft and/or total or partial fire) and the “Delayed charge Agreement” signed by the Customer will be applicable. In case of breakdown or simple request by the Lessor, the vehicle must be returned by the Customer to any Agency of the Lessor who will replace it, subject to availability, without any charge for the Lessor and without prejudice to the latter’s right, 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 case of unavailability, a vehicle of a lower or higher category may be delivered to the Customer, applying the reductions and increases linked to the type of vehicle. The replacement of the vehicle is included in the rental fee, except in the case of breakdowns due to the Customer’s own fault or the Customer’s willful misconduct or fault. In the event of impossibility to return the vehicle, the Lessor undertakes to reimburse the Customer for the sums spent by him for repairs due to breakdowns of the vehicle provided that the same are shown on an invoice duly made out to the Lessor. For expenses whose amount exceeds €50.00 (excluding VAT), the Customer must request prior authorization from the Lessor.
The costs will be refunded only if the fault was not caused by the Customer. In the event of failure to return the documents accompanying the vehicle and/or the license plate, the Customer undertakes to pay, as a penalty, the sum of €250,00, without prejudice to compensation for the related expenses and further damage. 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, as a penalty, the sum of €250,00, without prejudice to any greater damage. In the event of failure to return or damage to the vehicle’s standard and additional accessories, regardless of the cause, the Customer is required to pay, as a penalty, a sum of €250,00, without prejudice to any additional damage. The amounts of the penalties do not include VAT.
Any claim or complaint against the Lessor in relation to the rental carried out may be made by the Customer no later than the non-extendable deadline of 10 days starting from the date of return of the vehicle and/or closing of the rental letter.
6. Customer costs and charges
The Customer undertakes to pay the rental fee provided for in the chosen rate and indicated in the rental letter, the fee due for each option/extra purchased, as well as the supplements provided for in the event of signing one of the optional liability limitation clauses, referred to in the following article 9. The total amount of the rate applied considers the duration of the rental, the chosen extras and any other additional option chosen when booking or signing the contract, the class of the vehicle and other variable factors calculation (e.g., Km and extra hours established in the Rental Letter).
The Customer undertakes to pay the lessor the cost of topping up the fuel for each missing liter and the related refueling service (equal to €15,00 + VAT for cars and €10,00 + VAT for motorcycles) if he returns the vehicle with a quantity of fuel lower than that received. Under no circumstances will the Customer be refunded for excess fuel. The Customer is also required to pay, if due, any fee for economic responsibility deriving from damage and theft of the vehicle, costs for extra cleaning, tolls and parking, roadside assistance, administrative sanctions for violation of the highway code. Neither the Customer, nor any additional drivers, if provided and authorized, will ever be able to drive the Vehicle outside the Territory of the Island of Ischia. The Customer or any additional driver must drive the vehicle in accordance with road traffic regulations; must ensure that any baggage or goods transported in the vehicle are well stowed and closed to avoid causing damage to the Vehicle or risks to the passengers transported. The Customer is required to look after the vehicle using the utmost diligence and in any case to ensure that it is closed and protected by activating the anti-theft system, if equipped, every time the vehicle is parked or left unattended; The Customer and/or any driver must never drive the vehicle under the influence of alcohol, drugs or other illegal substances or any other substance (whether legal or illegal) that is capable of impairing driving ability. The Customer is obliged to use the antifreeze additive, where necessary and required by the climatic conditions.
The Customer must compensate the Lessor for damages related to any freezing of the fuel as well as reimburse him for all expenses incurred for the recovery of the vehicle, including any cost of technical downtime. Furthermore, the Customer undertakes to use snow chains were required by law.
The Customer and/or any driver is required to refuel the vehicle with the correct type of fuel. If the vehicle is refueled with an inappropriate type of fuel, the customer will be responsible for any costs necessary to transfer the vehicle and/or repair damage caused to it, calculated in accordance with the rules described in the following section (Damage to the Vehicle) unless you can prove that the error is attributable to an identified third party. It is absolutely forbidden to transport passengers for a fee or to sub-rent the vehicle; transport a greater number of people than that indicated in the vehicle’s registration certificate; transport flammable material and/or dangerous, toxic, harmful material and/or radioactive objects or those products prohibited by the law applicable from time to time; transport objects having a weight, quantity and/or volume that exceeds that authorized by the vehicle’s Registration Certificate; compete, drive off-road, participate in regularity races, speed tests, or to take part in rallies, competitions or races, or tests, wherever they are held, whether official or not; transport live animals (except pets and/or domestic animals, without prejudice to the obligation to remove any residues and return the vehicle in clean and hygienic conditions, as delivered by the lessor; give driving lessons and assist driving; push or tow another vehicle or caravan; drive the vehicle on dirt roads or whose size or surface may pose risks to the motor vehicle and bodywork, as in the case of beaches, unsuitable paths, forest roads, intense vegetation paths or paths mountainous, and which are not roads open to traffic or asphalted; commit any intentional illicit conduct; transport the vehicle on board boats, ships, trains (except in the case of scheduled connections but only with explicit authorization from the Lessor); drive the vehicle in areas not open to traffic of ports, airports, airfields, and analogous or similar places or in any case not freely accessible to traffic or, even in refineries and chemical plants or oil installations, without the prior written authorization of the Lessor. Where such uses are authorized, the Customer acknowledges that the operation of the civil liability insurance may vary or cease depending on the circumstances.
The Customer is equally aware that the vehicle replacement service is not permitted outside the territory of the Island of Ischia, as the Lessor is not present either in its own form or through correspondents outside the Island. All vehicles are not covered by a guarantee against theft and/or fire and therefore the Customer, in the event of total/partial theft or total/partial fire of the vehicle, is required to compensate the Lessor for the commercial value (Eurotax Giallo) of the Vehicle at the time of the theft.
The Customer must deliver to the landlord the original of the theft/fire report submitted to the competent authorities, plus a signed declaration of the incident, no later than 24 hours after such event. If the lessor receives the original report together with the car keys within 24 hours, the Contract will be closed on the date of the theft report. Beyond 24 hours, in the absence of receipt of the theft report and the vehicle keys, the Contract will remain open, and the days will be charged to the Customer until the original of the report is delivered. In case of failure to deliver the original report within 2 working days from the date of the theft, the Customer will be charged compensation equal to the commercial value (Eurotax Giallo) of the vehicle at the time of the theft.
Failure to return the keys, in cases of theft also caused by proven negligence on the part of the Customer, will result in a charge for compensation of the commercial value (Eurotax Giallo) of the Vehicle at the time of the theft.
7. Security deposit
Upon signing the contract, the Customer is obliged to pay a security deposit, the amount of which is indicated in the individual rental contract and submitted to the Customer to read before signing. This amount can also be paid in cash but in compliance with current provisions regarding traceability. The deposit amount will be returned if, upon termination of the contractual relationship, the vehicle is returned intact and complete with all parts and accessories. At the same time, the Customer undertakes to compensate the lessor for any damage found after return, for any reason, occurring to the vehicle. To this end, in the case of payment by credit card, the Customer authorizes in writing, directly on the contract, the charging of any damages to his credit card, by signing the “Delayed Charge” clause referred to in the following article. The charge cannot, however, exceed the maximum values for damage to the vehicle and for theft and/or fire which are indicated in the contract and submitted to the customer to read before signing it. These limitations will no longer be applicable in cases of willful misconduct or reckless driving (as expressly indicated in Art. 6 and 9).
8. Delayed charging
In compliance with the regulations on international financial circuits (credit card companies), and except as established by art. “9” regarding the attribution of responsibility, the Customer will be charged for all expenses not known at the time of delivery of the vehicle but detected after the return of the car (so-called “Delayed Charge”). Acceptance of the “Delayed Charge” is expressly indicated in the individual rental contract and especially in the Delayed charge Agreement signed by the Customer with the following wording: “I acknowledge and accept from now on all expenses: fuel, insurance penalties, damages detected or found after the return of the vehicle, fines, and €35,00 + VAT for reimbursement of expenses related to the handling of a single fine or motorway toll not paid by me and I authorize the car rental company to charge them to my credit card”. The following types of expenses fall within the scope of the “Delayed Charge”: fines (if the lessor chooses not to make use of the possibility of re-notification by the competent authority or re-notification by the Authorities is impossible or excessively onerous and/or difficult competent authorities), parking, motorway tolls, refueling, damage caused to the vehicle, towing of the vehicle; loss and/or damage and/or theft of all vehicle accessories, loss and/or damage and/or theft of keys and/or license plates.
9. Responsibility for accidents, theft, and damage
The Customer is responsible for any damage, theft or fire occurring to the vehicle, as well as for fines and/or any other charges resulting from violations of the Highway Code or other provisions of the law or regulations.
This is always without prejudice to the possibility for the customer to demonstrate that the violations and/or damage to the vehicle depended on causes not attributable to him and that they are not a consequence of his conduct, even omission, and that he has guarded the vehicle with the utmost diligence. This clause does not in any case reverse the burden of proof nor preclude the possibility of proposing any exceptions pursuant to the law. If the rented vehicle is involved in a road accident or suffers damage, even without the involvement of third parties, the Customer must communicate the incident to the competent authorities, obtain the relevant report and notify the Lessor no later than 48 hours. subsequent hours (except in the case of daily rental in which case the communication must be made as soon as possible). The Customer must also contact the Lessor’s Roadside Assistance Service to arrange for the removal and storage of the rented vehicle if it is not in working condition and/or no longer meets the minimum safety requirements. In any case of failure to return the vehicle, or in the event of damage or theft of the same, the Customer will have to pay the entire amount necessary to repair the vehicle.
Where a specific policy is required – normally not provided for any vehicle but which can only be activated upon express request and upon payment of the relevant cost – for limitations of exposure to risks of this kind the customer is required to pay the amount corresponding to the deductible indicated in the rental contract, in addition to the costs for the administrative management of the theft or damage case, (except in the case in which you have purchased one of the options for limiting economic liability, referred to in the following art. 10
The Customer will be held responsible for damages detected upon return of the vehicle and not reported as pre-existing on the vehicle delivery report pursuant to art. 1588 of the Civil Code, remaining required to demonstrate that the harmful event is not a consequence of his conduct, including omission, and that he has looked after the vehicle with the utmost diligence, considering the circumstances.
In this sense, it is understood that the possible signing of any limitation/exclusion of liability cannot give rise to any reversal of the burden of proof.
In any case, the effectiveness of any insurance coverage towards the Customer, as well as any limitation of liability provided in his favor, are excluded in the case of willful misconduct or gross negligence of the same, including driving while drunk or in violation of the Highway Code or other laws and regulations. Also excluded from insurance coverage and limitations or exclusions of liability are damages caused voluntarily by the Customer to the vehicle, or through negligence, as well as those relating to the interior of the vehicle, damage caused by the lack of assessment of the height of the vehicle and objects protruding or above the roof, those caused to the clutch kit, to mechanical parts, due to engine over-revving, damage or theft of tires and/or rims, as well as damage caused by failure to comply with traffic regulations of the Vehicle and Conditions of Use referred to in Article 6 in the part relating to the Customer’s charges.
Damage detected upon return of the Vehicle and in the presence of the Customer:
If at the time of return of the vehicle, during the inspection carried out by the Lessor’s representative in the presence of the Customer, damage is detected, the presence of which is acknowledged by the same by signing the return report, the Lessor will immediately provide an estimate of the repair costs that may be charged to the Customer. To contain the damage quantification time and limit the possible technical downtime of the Vehicle, the damage quantification will be carried out on a flat rate basis based on the damage assessment grid, created by a company operating in the sector which considers the discounted prices and the favorable conditions applied by the manufacturers to the Lessor.
In some cases, and for some types of light damage (indicated in the damage table as “light” and “medium”), the vehicle may not be repaired immediately, in these cases in the quantification of the damage (even if carried out through the table) the technical downtime of the vehicle will not be considered. If it is possible to quantify the amount of damage at the rental station, it will be charged to the customer’s credit card (or via the different payment method used by the customer for the rental) upon returning the Vehicle at the end of the rental. If the customer intends to dispute the damage or its quantification and charge by refusing to sign the vehicle return report, the Lessor will note this circumstance and apply the Customer dispute procedure.
This procedure applies:
• if the damage is not included in the available damage assessment grid or involves mechanical and hidden damage.
• in case of damages quantified using the Lessor’s damage assessment grid and contested by the Customer.
• if the damages are quantified by the lessor’s representatives or by the car repairers without the presence of the Customer (e.g., in the case of returning the Vehicle Out of Hours or hidden damage);
In such cases the Lessor will appoint a third party (technical expert) who will evaluate the amount of the damage taking into consideration the discounted prices charged to him by the manufacturers, or by his repairers.
The Lessor will be responsible for communicating the amount of the damage to the Customer later, together with the following documents:
• vehicle return report and photos of the damage.
• technical assessment for damage repair, which may vary as a result of the nature of the damage which will also include technical stoppage (if applicable);
• the amount of the fee for the management of the claim procedure (€250.00 + VAT). The Customer will have the right to dispute the damages and their quantification within 5 days of sending the communication (by certified or registered e-mail with return receipt).
In the absence of a dispute within the deadline, the Lessor reserves the right to charge the amount of the damages and the fee on the credit card provided by the Customer (or to withhold, in the case of a different payment method used for the rental). for the management of claims.
10. Limitations of economic responsibility that can be purchased by the Customer
The Customer can purchase some products that will allow him to reduce his economic responsibility in the event of damage to the vehicle or theft, incurring a daily cost, indicated in the rental contract, which varies based on the category of the car and the rental days. The following are excluded from the liability reduction options: UNDERBODY OF THE CAR – TIRES – ROOF – INTERIOR OF THE CAR – GLASS – EXTERNAL AND INTERIOR MIRRORS – MECHANICAL PARTS.
11. Complaints in case of rental via intermediaries
In the case of rentals relating to reservations made through intermediaries (Travel Agencies, Tour Operators, Brokers, etc.), the liability of the Lessor can be invoked by the Customer exclusively in relation to the obligations arising from the Rental Letter, the Lessor being extraneous to any further obligation assumed by the intermediaries at the time of booking/procuring the rental, in relation to which any complaints or requests must be made by the Customer exclusively towards the intermediaries. The Customer who pays the rental through intermediaries (brokers) is in any case jointly and severally obliged towards the Lessor to pay any amount contractually due in the event of total or partial uncollectability of the title issued by the intermediary himself.
12. Use of satellite devices
In order to protect the Lessor from the risks of theft or fraud, satellite devices (GPS and similar) can be installed on some vehicles capable of detecting the location of the vehicle itself and the speed or driving behavior, by tracking his own position. The Lessor reserves the right to communicate, if necessary, such data to judicial authorities, insurance companies, law firms and companies specialized in the prevention and management of thefts and accidents and to use or have the contents used for any action for its own protection. The lessor, for the purposes of protecting the customer’s privacy, undertakes to inform him in advance about the use of such devices and/or to report their presence, through the application of window decals on the vehicle.
13. Termination clause
Violation of the provisions of Articles 2, 4, 5, 6, 7, 8, 9 and 10 legitimizes the Lessor to terminate the contract pursuant to art. 1456 cod. civil and compensation for any further damages.
14. Applicable Law and exclusive Law court
The rental contract is governed by Italian law, for any dispute relating to it, exclusively Italian law and law are applied before any Law Court and Authority. For any dispute arising from this contract the parties agree that the Court of Ischia will be competent.
15. Translation
In case of doubts or differences in interpretation, the Italian version prevails over the English one, as it expresses the exact will of the parties. The English text, which can be consulted and available upon request of the Customer, represents a mere literal translation.
16. Interpretation
If one of the provisions of the Contract is deemed invalid or ineffective, in whole or in part, the same will be disapplied and the Contract will remain valid and effective for the remaining provisions.
17. Domicile and communications
The Customer, for all legal purposes, for the purpose of carrying out this rental relationship, declares to elect his domicile at the address communicated to the lessor in the declaration of residence signed and delivered to the lessor and indicated in the rental letter. Unless otherwise indicated, some communications between the parties relating to the contract will take place at the email address indicated by the customer.
