(effective from 01/01/2026)

INDEX

ART. 1 – SUBJECT OF THE AGREEMENT

ART. 2 – DRIVING REQUIREMENTS AND RENTAL ELIGIBILITY

ART. 3 – BOOKING AND RENTAL PAYMENT TERMS

ART. 4 – R.C.A. INSURANCE AND LIMITATIONS OF LIABILITY

ART. 5 – VEHICLE HANDOVER

ART. 6 – CUSTOMER’S OBLIGATIONS REGARDING CIRCULATION AND USE OF THE VEHICLE

ART. 7 – FURTHER CUSTOMER OBLIGATIONS

ART. 8 – RETURN OF THE VEHICLE

ART. 9 – SECURITY DEPOSIT

ART. 10 – AMOUNTS PAYABLE TO THE LESSOR

ART. 11 – CUSTOMER LIABILITY IN THE EVENT OF DAMAGE, ACCIDENT OR THEFT AND OPTIONS FOR LIMITING LIABILITY TOWARDS THE LESSOR

ART. 12 – GROUNDS FOR EXCLUSION FROM THE CUSTOMER’S LIABILITY REDUCTIONS PROVIDED FOR IN ART. 11

ART. 13 – VEHICLE REPLACEMENT

ART. 14 – ROADSIDE ASSISTANCE

ART. 15 – OUT-OF-HOURS SERVICE AND NO SHOW

ART. 16 – EXECUTION OF THE CONTRACT IN THE NAME OF AND/OR ON BEHALF OF A THIRD PARTY – JOINT AND SEVERAL LIABILITY

ART. 17 – USE OF SATELLITE DEVICES

ART. 18 – TERMINATION CLAUSE

ART. 19 – DELAYED CHARGE

ART. 20 – PERSONAL DATA PROCESSING

ART. 21 – TRANSLATION AND PREVAILING VERSION

ART. 22 – GOVERNING LAW AND JURISDICTION

ART. 23 – DOMICILE AND COMMUNICATIONS

ART. 1 SUBJECT OF THE AGREEMENT

Ellegi S.R.L., operating under the trademark “CarMotion” owned by Ellegi S.R.L. (hereinafter the “Lessor”), with registered office at Via Francesco Crispi 250, 90139 Palermo (PA), Tax Code and VAT No. 04147860821, delivers to the lessee (hereinafter the “Renter” or “Customer”) the vehicle described for the period of time and under the conditions specified in the rental letter.

The contractual relationship between the Lessor and the Customer is governed by the following documents:

a) The Agreement (also referred to as the Rental Letter) signed at the time the vehicle is collected, which summarizes the conditions and data applicable to the rental, including the vehicle characteristics, the times and places of the start and end of the rental, any included services (including ancillary services), the costs, the applicable coverages, and any optional contractual limitations of liability (referred to as excesses/deductibles).

The rental letter will be supplemented with the information relating to the vehicle’s condition at the time of delivery (the “CHECKLIST – CHECK-OUT”), which shall serve as the vehicle handover report, and with the information relating to the vehicle’s condition at the time of return (the “CHECKLIST – CHECK-IN”), which shall serve as the vehicle return report;

b) These general terms and conditions, including any annexes;

c) The damage table (MATRIX) and rental conditions (which indicate the description and amount of the deductibles/excess, the security deposit, liability reduction packages, extra costs and penalties), available for consultation on the website www.carmotion.it.

The documentation referred to in points a) and b) will be sent to the Customer in digital format (PDF) by e-mail at the time the rental agreement is entered into. It is understood that, should the Customer expressly request it from the desk operator, the above documents will also be made available in paper copy upon signing the rental agreement. By signing the Rental Agreement, the Customer accepts the terms and data contained therein, its annexes, what is indicated regarding the vehicle condition in the CHECK-OUT/CHECK-IN forms, as well as these General and Special Rental Terms and Conditions.

ART. 2 – REQUIREMENTS FOR DRIVING AND RENTAL ELIGIBILITY

At the time of vehicle collection, the Customer and each authorized driver must physically present a valid national driving licence or driving permit, not damaged and clearly legible, authorizing them to drive the rented vehicle, a valid method of payment and security deposit accepted by the Lessor, as well as a valid, undamaged and legible identity card or passport. If the Customer holds a driving licence issued by a non-EU foreign country, an International Driving Permit must also be presented. In the case of a driving licence bearing characters other than Latin characters and numbers other than Arabic numerals (e.g. Cyrillic, Hebrew, Chinese, etc.), in addition to the International Driving Permit, a sworn (certified) translation of the driving licence is required; failure to provide such documentation will result in non-acceptance and the Lessor’s inability to deliver the vehicle.

Both the Customer and each authorized driver, for all vehicle categories, must be between 25 and 79 years of age and must hold a valid EU/EFTA driving licence authorizing the relevant category of the rented vehicle, issued at least 12 months prior to the rental and with an expiry date later than the rental period.

Drivers aged between 21 and 24 years and between 80 and 85 years are permitted to rent the vehicle subject to payment of the relevant “YOUNG DRIVER” or “SENIOR DRIVER” surcharge, at the rates indicated in the “Rental Conditions” published on the Lessor’s website and available in the FAQ section.

If, at the time of vehicle collection, the Customer is unable to present the required documents or is under 21 years of age or over 85 years of age, the Lessor may refuse to deliver the vehicle and/or to enter into the contract, or may withdraw from the contract if it has already been signed, without this constituting any breach of contract by the Lessor or giving rise to any compensation or indemnity obligation of any kind. In any case, the Lessor reserves the right to refuse to enter into the rental agreement at its sole and absolute discretion.

ART. 3 – BOOKING AND RENTAL PAYMENT TERMS

3.1 A booking allows the reservation of a vehicle and any optional extras for collection on a specified date, time and location, and for the agreed rental period. The booking may be made at an agency, online on the Lessor’s website, or through third-party intermediaries (brokers).

The rental rates in force at the time of booking will be guaranteed when the Customer signs the Contract/Rental Letter, by which the contractual relationship is finalized.

Until that time, no information or content shall constitute a contractual commitment or a public offer.

All bookings are binding only with regard to the price category and not to the specific vehicle model; any model preferences are subject to the Lessor’s availability and are therefore not guaranteed at the time of booking.

In the event that the booked vehicle is unavailable, the Lessor reserves the right to replace it with a vehicle of the same or a higher category than that selected by the Customer at the time of booking; if such replacement is also unavailable, the vehicle will be replaced with one of a lower category, with a corresponding recalculation of the rental rate.

In the event of absolute unavailability of a vehicle, or if the Customer refuses to accept a vehicle of a category different from that booked, the Lessor’s sole obligation shall be to refund any amounts paid by the Customer up to that time for the rental of the vehicle.

The refund shall be made at the Lessor’s discretion either by crediting the amount to the card used for payment or by bank transfer.

For the purposes of validating the booking, the following original and valid documents (digital copies excluded) must be provided to the Lessor by the Customer and by each authorized driver:

a) a valid identification document (identity card or passport);
b) if the Customer is the legal representative of a company, a company registration certificate (chamber of commerce extract);
c) a driving licence issued at least 1 (one) year earlier and appropriate for the category of the rented vehicle;
d) a personal credit card with visible numbering and an expiry date not earlier than 3 (three) months after the vehicle return date.

The Lessor undertakes to honor accepted bookings when the Customer, in possession of the above documentation, presents himself/herself at the rental desk of the indicated location on the confirmed date and time, with a maximum tolerance of 1 hour. Should the Customer arrive after the permitted tolerance period, the Lessor shall be released from the obligation to deliver the vehicle, without this constituting any contractual breach.

Changes to prepaid bookings may be made by the Customer free of charge.
Any change to the booking may result in an increase or decrease in the rental rate, depending on the modified rental conditions.

If the Customer modifies the booking and the amount of the car rental services exceeds the prepaid amount, the Customer shall be charged the difference according to the rates in force at that time.

If the Customer modifies a prepaid booking and the amount of the new booking is lower than the prepaid amount, the Customer shall not be entitled to any refund.

If the Customer requests cancellation of a prepaid booking up to 3 days before the vehicle collection date (with at least 72 hours’ notice), 50% of the prepaid amount shall be retained. The cancellation request must be sent to info@carmotion.it, attaching a valid identity document of the booking holder.

The refund shall be processed by the Lessor within 7 working days from receipt of the request, credited to the same card used for the booking.

If the Customer cancels the booking within 3 days prior to the vehicle collection date, the entire prepaid amount shall be retained as a penalty.

No refund shall be granted if the Customer fails to present at the rental desk a credit card (VISA, MASTERCARD or AMERICAN EXPRESS) or a debit card (VISA or MASTERCARD), in the Customer’s name, to be used as a guarantee for the rental.

No refund shall be granted if the Customer fails to provide the original documents required for vehicle collection (a valid driving licence and a valid identification document: ID card for EU citizens or passport for non-EU citizens).

No refund shall be granted by the Lessor if the Customer cancels a previously modified prepaid booking, or if the Customer fails to collect the vehicle on the rental start date without having previously requested a modification or cancellation of the prepaid booking in accordance with the procedures described above.

In the event of a delay by the Customer, the Lessor guarantees vehicle delivery up to 1 hour after the scheduled booking collection time; after this period, the booking shall be considered a NO SHOW (Art. 15.2).

In the case of bookings made through third-party websites or intermediaries (brokers), any refund, where applicable, must be requested from the third party through whom the booking was made, in accordance with the terms and conditions set by such third party.

3.2 Payment for the rental, if not prepaid, shall be made at the branch by credit card (VISA, MASTERCARD, AMERICAN EXPRESS), debit card, prepaid and/or virtual cards (belonging to the VISA, MASTERCARD, MAESTRO or BANCOMAT circuits).

At the time of booking or at the time of signing the Contract, the Customer must present a personal credit card on which the Lessor will carry out a pre-authorization as a security deposit, in accordance with the criteria set out in Art. 9 and in the amount specified in the Special Rental Conditions available on the Lessor’s website.

A credit card is mandatory as a guarantee for the rented vehicle and is required for the security deposit; for this purpose, ALL debit cards, prepaid cards, BANCOMAT and MAESTRO cards, as well as all virtual cards, are excluded.

The Customer must obtain the authorization PIN in advance and ensure that sufficient funds are available on the credit card to cover the required deposit for the rented vehicle category. The Customer must also ensure that the credit card is enabled for online transactions in order to correctly register and securely store the card within the “STRIPE / VIVAWALLET” system.

The Lessor reserves the right to request an additional pre-authorization in the event of specific circumstances arising, including but not limited to: vehicle replacement following an accident or damage to the first vehicle, or vehicle theft.

The Lessor undertakes to release the pre-authorized amount, except in cases where an event has occurred that entails a charge in accordance with the General and Special Rental Conditions, at the end of the rental period and under the conditions set out in Art. 9 below.

The Lessor reserves the right not to deliver the vehicle if, at its sole discretion, it considers the guarantees provided by the Customer to be insufficient.

The Customer, having been duly informed and having had the opportunity to review these Rental Conditions published on the Lessor’s website, acknowledges that if the required personal credit card is not presented and a debit card is accepted as a substitute (VISA or MASTERCARD, personal cards only; all prepaid and virtual cards are excluded), the Lessor shall require the mandatory activation of the contractual liability limitation “RCDW-RTP / LIMITED COVER” in order to proceed with vehicle delivery. The related cost (available on www.carmotion.it) shall be accepted and paid by the Customer as a supplement to the rental fee. If the Customer refuses to activate the above-mentioned RCDW-RTP / LIMITED COVER and/or to pay the related charge, and is unable to provide a valid personal credit card for pre-authorization purposes, the Lessor reserves the right not to enter into the rental agreement and not to deliver the vehicle.

ART. 4 – R.C.A. INSURANCE AND LIMITATIONS OF LIABILITY

4.1 With regard to R.C.A. Coverage
The Lessor guarantees insurance coverage for Civil Liability towards third parties in respect of persons, property and animals.

Passengers transported in the Lessor’s vehicle are considered third parties.

The Customer, as well as any authorized driver, is not covered by any R.C.A. insurance for personal injuries suffered directly or for damage to objects or luggage carried.

The insurance coverage shall not apply:
(a) if the driver is not duly licensed in accordance with the provisions of applicable law;
(b) if the transport is not carried out in compliance with the applicable regulations or with the instructions set out in the vehicle registration certificate;
(c) if the vehicle is driven by a person under the influence of alcohol and/or narcotic substances, or who has been sanctioned pursuant to Articles 186 and 187 of the Italian Highway Code.

The R.C.A. insurance coverage is included in the rental fee and complies with all legal requirements regarding third-party civil liability, with a coverage limit of EUR 10,000,000.00.

4.2 With regard to the limitations of the Customer’s liability
The limitations of the Customer’s liability are not insurance products but contractual arrangements made available by the Lessor to the Customer.

The rental fee includes a limitation of liability agreement for CDW (Collision Damage Waiver) damages and TP (Theft Protection), which, in the event of damage or occurrence of the insured event, limit the Customer’s liability towards the Lessor to a maximum amount equal to the excess/deductible indicated in the Rental Agreement, except as provided for in Art. 12.

Furthermore, by adding the “LIMITED COVER”, “COMFORT COVER” and “PREMIUM COVER” supplements to the rental fee (see the Rental Conditions published on the Lessor’s website), the excesses provided for under the CDW and TP may be further reduced or fully waived.

It is specified that the CDW limitation of liability covers only damage to the vehicle bodywork, excluding damage to the following parts and components of the vehicle, which shall therefore remain entirely at the Customer’s expense: roof, underbody, interior, gearbox, engine damage, licence plate, keys, as well as damage resulting from vandalism in the event of the Customer’s failure to report the incident to the authorities, and damage caused by weather events in cases of fault and/or negligence in the custody of the vehicle.

By signing the Rental Agreement, the Customer acknowledges and accepts, having been informed by the Lessor for this purpose, that the R.C.A. coverage, within the limits permitted by the applicable law, as well as all liability limitation products, shall be deemed null and void and therefore shall not provide any protection towards third parties (with reference to R.C.A.) or any reduction/elimination of liability for damage or loss towards the Lessor (with reference to BASIC COVER “CDW – TP”, LIMITED COVER “RCDW – RTP”, COMFORT COVER “SCDW – RTP”, PREMIUM COVER “SCDW – STP”, and any other agreed limitation), if the damage or failure to return the vehicle is attributable to wilful misconduct, gross negligence, negligence, or violations of the Highway Code by the Customer or the authorized driver(s), or as otherwise provided for in these General Rental Conditions.

If the R.C.A. coverage and the liability limitations are null and void because the event is attributable to the Customer as described above, the Lessor shall be entitled, without any deductible limits, to seek recourse against the Customer up to the total amount of the damage or economic loss suffered (in which case the higher of the two amounts shall be charged).

In the event that the Customer purchases, from third parties, insurance coverage for the deductible or similar products covering the excess provided for under the Lessor’s liability limitation schemes, the Customer shall nevertheless remain liable towards the Lessor for any amounts due up to the deductible stated in the Rental Agreement, and it shall remain the Customer’s responsibility to seek reimbursement from their own insurer and/or the relevant third party.

ART. 5 – VEHICLE HANDOVER

5.1 The vehicle shall be delivered to the Customer at the agreed time and place and must be returned clean and in good condition of maintenance on the date and at the place specified in the rental letter.

5.2 The rental period begins on the day and at the time the vehicle is delivered to the Customer.

5.3 The vehicle is delivered with the amount of fuel indicated in the rental CHECKLIST – CHECK-OUT, and is equipped with a warning triangle, a high-visibility vest, standard tools, a spare wheel or repair kit, the R.C.A. insurance certificate, and all documents required for lawful circulation. The vehicle must be returned with all such equipment and tools. Upon delivery of the vehicle, the Customer is required to verify that all the above items are present on board.

5.4 The Customer is required to safeguard, under his/her own responsibility, all documentation, the vehicle keys, the licence plate, and all devices, accessories and tools.

5.5 In the event of loss and/or damage, the Customer shall be charged the replacement value of the damaged and/or lost item. In the event of loss or theft of the keys, the Customer shall be charged the relevant amount indicated in the Special Rental Conditions under the “DAMAGE TABLE / MATRIX” (available on the Lessor’s website), in addition to the daily rental rate due for the days during which the vehicle cannot be used by the Lessor, without prejudice to any further damages.

The Lessor specifies that rental branches are not provided with spare keys; therefore, in the event of loss or theft of the keys, it shall be the Customer’s sole responsibility to contact the contracted roadside assistance service at his/her own expense and to file a report with the competent authorities.

5.6 The vehicle must be returned with the same amount of fuel as at the beginning of the rental. If the Customer fails to refuel the vehicle, the Lessor shall do so and shall charge the cost of the missing fuel in addition to the “REFUELLING SERVICE” penalty, in the amount indicated in the Special Rental Conditions under the “Penalty Description Table” (available on the Lessor’s website).

The Customer may purchase the “PREPAID FUEL” service at the counter, which removes the obligation to return the vehicle with a full tank. By taking delivery of the vehicle and by signing the rental contract/letter, the Customer declares that he/she has verified that the vehicle is in good condition of maintenance and suitable for the agreed use, in perfect mechanical working order, and compliant with the description set out in the rental letter. The Customer also undertakes to return the vehicle with all its equipment within the time limits indicated in the rental letter.

The Customer further declares that the vehicle has been inspected prior to delivery and shows no scratches or damage to the bodywork or interior parts, except for those, if any, indicated in the CHECKLIST – CHECK-OUT sent in PDF together with the rental agreement.

5.7 The vehicle must be used in accordance with its intended purpose, for the transport of persons and/or goods up to the limits indicated in the registration certificate. In any case, the Customer undertakes not to use the vehicle, either directly or through third parties, for the transport of persons or goods for remuneration.

5.8 The Lessor shall not be liable, except in cases of wilful misconduct or gross negligence, in the following circumstances:
a) for losses and damages resulting from breakdowns;
b) for non-delivery or delayed delivery of a vehicle of a category different from that requested;
c) for damages of any kind suffered directly or indirectly by the Customer, the authorized driver or transported third parties as a result of road accidents caused by malfunctions and/or manufacturing defects of the vehicle;
d) for any direct or indirect loss suffered by the Customer in relation to goods transported or left in the vehicle upon return;
e) for damages resulting from work carried out by unauthorized third parties.

5.9 The Lessor does not insure goods or merchandise transported in the vehicle and assumes no responsibility in this regard.

5.10 The Customer shall indemnify and hold the Lessor harmless from any claim made by third parties for damage to goods transported in the rented vehicle.

ART. 6 – CUSTOMER’S OBLIGATIONS REGARDING CIRCULATION AND USE OF THE VEHICLE

6.1 The Customer and each authorized driver undertake to keep and use the Vehicle with the utmost care and diligence. Subject to the proof provided for under Article 1588 of the Italian Civil Code, any violation of the Highway Code and/or conduct inconsistent with the standard of due care of a prudent person shall result in the Customer being charged for all damages caused to the rented vehicle.

6.2 The Customer further undertakes, under his/her full responsibility, including liability for damages and also for acts attributable to other drivers, to:

a) not drive or use the vehicle, unless expressly authorized in writing by the Lessor, outside the territory of the Italian State and the major islands (Sicily and Sardinia). If the Customer leaves the country without specific authorization, the Lessor shall immediately report the matter to the competent authorities and proceed with the forced recovery of the vehicle at the Customer’s expense. The Lessor shall also be entitled to immediately collect the security deposit and to charge the contractual penalties for breach provided for under Art. 19 of this agreement. If such cross-border use results in the loss of insurance coverage, any liability—including damage to the Customer or third parties, damage to the rented vehicle, or total or partial loss thereof—shall be the sole and exclusive responsibility of the Customer;

b) not allow the vehicle to be driven or used by any person not indicated at the time of rental as a driver in the rental letter/contract, or by any person who has provided false information regarding their age, name or address;

c) not use the vehicle in such a way as to render the insurance coverage null and/or ineffective, and not to overload the vehicle with goods or persons beyond the number, weight, quantity and/or volume permitted by law and/or indicated in the registration certificate;

d) not drive the vehicle under the influence of drugs, narcotics, alcohol or intoxicants, or any substance capable of impairing judgment and reaction ability, and not to drive or use the vehicle in conditions of psycho-physical fatigue such as to reduce or impair the ability to control the vehicle or to perform all necessary maneuvers safely, in particular the timely stopping of the vehicle within the limits of visibility and in the presence of any foreseeable obstacle;

e) ensure that the correct type of fuel indicated on the fuel filler flap (unleaded petrol or diesel) is used.
In the event of refuelling with fuel unsuitable for the vehicle’s engine and/or impure fuel, the Lessor shall charge the Customer an amount of EUR 366.00 (VAT included) as a penalty for incorrect refuelling, in addition to the costs incurred for any vehicle restoration and recovery expenses. This amount shall always be due to the Lessor even if the Customer has subscribed, jointly or alternatively, to one of the contractual liability limitations referred to in Art. 11 below;

f) not drive the vehicle if the tyres are not properly inflated, by constantly checking their condition of maintenance and use, and to take care during the rental period of the vehicle’s routine maintenance by performing periodic checks of engine coolant, engine oil, AdBlue additive, braking system and lighting system;

g) use and keep the vehicle in such a manner as to ensure its safety and integrity, activating all existing locking and alarm devices and avoiding, where possible, leaving the vehicle unattended with windows open and with devices and/or valuables visible inside the passenger compartment;

h) not sublease, rent out, pledge or sell the vehicle, not transport passengers for remuneration and/or hire, and not assign, in whole or in part, this agreement and/or the rights and obligations arising therefrom;

i) not use the vehicle to push or tow another motor vehicle or trailer;

j) not drive or use the vehicle without due care on roads in unsuitable conditions, off-road, in prohibited areas, on dirt roads, or on roads whose size or surface may entail a risk of damage, or which are otherwise unsuitable for the vehicle’s technical characteristics; not to drive the vehicle on board ships, boats, trains or trailers, unless otherwise expressly agreed in writing with the Lessor. Where such uses are authorized by the Lessor, the Customer acknowledges that insurance coverage may vary or cease to apply;

k) not drive or use the vehicle in races, competitions or speed or skill trials;

l) not use the vehicle to provide driving lessons and/or driving supervision;

m) not transport persons, animals, substances or items which, due to their condition or odor, may damage the vehicle and/or prejudice or delay its subsequent rental, and to ensure that all luggage and goods transported are properly stored and secured so as to avoid damage to the vehicle and to persons;

n) not carry out any repair work on the rented Vehicle without the Lessor’s prior written consent and/or without complying with the Lessor’s instructions;

o) immediately inform the Lessor of any breakdowns/anomalies of the vehicle or activation of warning lights, stopping the use of the vehicle and following the Lessor’s instructions regarding any replacement or return of the vehicle.

6.3 The Customer shall be fully liable for any loss and/or damage suffered by the Lessor as a result of any breach of the above obligations and, more generally, of the Customer’s negligence in the use of the vehicle.

Failure to comply with the above obligations shall also constitute a serious breach of contract; therefore, the Lessor may declare the contract terminated pursuant to Art. 1456 of the Italian Civil Code and may request the return of the vehicle at any time.

The exercise of the right of termination by the Lessor shall not release the Customer from the obligation to pay the agreed rental fees until the end of the rental period. Accordingly, any fees already paid shall not be refunded by the Lessor, while any fees still due shall be charged to the Customer, in addition to all further costs and charges arising from the rental, without prejudice to any greater damage.

Furthermore, the Customer acknowledges, having been duly informed by the Lessor, that failure to comply with the above obligations may result in the loss of effectiveness of the R.C.A. insurance and/or of the contractual limitations/exclusions of the Customer’s liability.

ART. 7 – FURTHER CUSTOMER OBLIGATIONS

The Customer and each authorized driver undertake to:

7.1 provide accurate information regarding their personal details, residential address and compliance with the legal requirements for driving eligibility, as well as to communicate their telephone number and email address in order to ensure that the Lessor can contact them for the purposes and objectives provided for in the Contract and these General Rental Conditions;

7.2 return the vehicle at the place, date and time indicated in the rental agreement, equipped with all accessories present at the time of delivery and in the same condition in which it was received;

7.3 pay any fines or penalties imposed on the vehicle during the rental period, toll charges, parking fees and, in general, any amounts arising from the use of the vehicle, even when driven by third parties, during the rental period, and to reimburse the Lessor for any expenses incurred and/or charges imposed by third parties, in addition to the “Administrative fee for traffic fine handling” penalty indicated in the Rental Conditions published on the Lessor’s website. This penalty is intended to encourage compliance with road traffic regulations and the protection of the rented vehicle, and does not replace the administrative fine, toll or parking charges imposed on the Customer by the relevant authorities. For the purpose of excluding any liability on its part, the Lessor is authorized to provide the competent authorities with records and documents certifying the identity of the person using the vehicle at the time of the offence. If the Customer pays the fine directly, he/she must provide the Lessor with proof of correct payment at the time of vehicle return;

7.4 sign, after verification of the vehicle at the time of return, the CHECKLIST – CHECK-IN form indicating the condition of the vehicle at that time; failure by the Customer to sign the CHECKLIST – CHECK-IN form shall result in the Customer forfeiting the right to raise any subsequent disputes regarding the damages charged;

7.5 be jointly and severally liable for the conduct of the driver in the same manner as for their own conduct. All rights and obligations arising from these General Rental Conditions, as well as from the related rental agreements, shall apply for the benefit of and be binding upon each driver who uses the vehicle during the term of the rental agreement concluded between the Customer and the Lessor;

7.6 not smoke and not allow passengers to smoke inside the vehicle;

7.7 in the event of an accident involving or caused by the rented vehicle, even if the vehicle does not suffer any damage:

a) immediately inform the Lessor of the event and send, within the following 24 hours, a fully completed and signed CAI (Accident Report) form by all parties involved or, if this is not available, a detailed report of the facts using the form provided by the Lessor and/or, alternatively, the police report if the authorities have intervened;
b) not make any admission of liability;
c) take note of the personal details of all parties involved in the accident and any witnesses, including the details of the insurance companies of the vehicles involved (company name – policy number – agency reference);
d) follow the instructions provided by the Lessor regarding the custody and/or repair of the vehicle.

Failure to comply with even one of the above obligations shall render the Customer liable for all damages suffered by the vehicle, even in the case of a potentially “covered” accident. It is further specified that the submission of the CAI form or the police report does not exclude the Customer’s liability, which shall remain in effect until the relevant insurance company has declared the claim to be “covered” for the Lessor;

7.8 in the event of total or partial theft, damage resulting from attempted theft, or acts of vandalism, immediately contact the branch where the vehicle was collected, which will provide a copy of the vehicle registration certificate. The Customer must then promptly report the incident to the competent authorities. The Customer shall follow the branch’s instructions, ensuring in particular that the vehicle owner is correctly indicated (as shown on the first page of the registration certificate, section B, top left-hand corner), and subsequently deliver to the Lessor the original police report together with the vehicle keys;

7.9 pay the security deposit provided for in the rental agreement;

7.10 pay the rental fee, as well as the cost of any charges, fees, optional items, extras or supplements arising from the execution of the agreement;

7.11 in case of necessity, after notifying the Lessor of the event and unless otherwise instructed by the Lessor, contact exclusively the roadside assistance service indicated on the first page of the contract, using the telephone number specified therein.

ART. 8 – RETURN OF THE VEHICLE

8.1 The Customer undertakes to return the vehicle, together with its accessories and documents, free of any items or belongings, in accordance with the times and places indicated in the rental contract/letter, in the same condition in which it was delivered, including cleanliness.

Upon return, the Customer is required to verify, jointly with the Lessor and in accordance with the procedures set out below, the condition of the Vehicle, confirming and signing any discrepancies compared with what was recorded at the time of handover. If no joint inspection is carried out, the Customer expressly authorizes the Lessor, from this moment, to charge the cost of any damage found on the vehicle even after its return, together with the administrative handling cost for each file connected to the detected damage, as provided for in the “Delayed Charge Agreement” signed and delivered by the Lessor.

a) Introduction to the vehicle return procedure
All easily detectable damage will be handled and quantified by applying the “Damage Table / Matrix” published on the Lessor’s website, which forms an integral part of these general contractual conditions. The table is developed and periodically updated to allow damage to be handled quickly and practically, by providing in advance the average repair costs for the most common minor damages, based on amounts charged by body shops and repair workshops for parts and labor. The amounts shown in the table do not include the administrative handling cost which, in the case of damages arising from an R.C.A. claim, is always due to the Lessor. It is understood that, should the Customer expressly request it from the rental desk operator, the damage table may also be provided in paper copy upon signing the rental agreement.

b) Vehicle inspection
During Check-out (vehicle release for rental), all pre-existing damage will be recorded in the relevant CHECKLIST – CHECK-OUT. The Customer is required to carefully check what is stated in the above-mentioned form, verifying that there are no errors and reporting any discrepancies identified by the staff before leaving the branch with the vehicle. If the Customer does not report any inspection errors at the time of delivery, all damage detected upon return that is not recorded in the CHECKLIST – CHECK-OUT shall be deemed to have occurred during the rental period. At the time of return (CHECK-IN), a new inspection of the vehicle will be carried out and the Customer will be provided with the CHECKLIST – CHECK-IN form to sign, in which any new damage will be recorded.

If the Customer decides not to be present during the inspection of the vehicle’s condition, the inspection and detection of any discrepancies will in any case be carried out in his/her absence and any detected damage will be charged.

c) Hidden damage
During Check-in, some damage may not be immediately evident, for example damage to inaccessible components of the vehicle (engine, fuel tank, clutch, etc.) or damage concealed due to poor lighting/adverse weather conditions and/or dirt/dust on the bodywork. If such damage is detected, the Lessor will inform the Customer and, before charging the related costs, will provide within 30 days from such notification the documentation supporting what was found. In such cases, the Lessor will release the security deposit only after the completion of the checks, which must in any case be concluded within 30 days from the vehicle return date.

d) Vehicle downtime
If any damaging event occurs, including accidents with no third party involved or damage caused by breakdowns, requiring the vehicle to be taken out of service and repaired because it is temporarily unfit for circulation, the Customer shall be charged a vehicle downtime fee. This amount is calculated on the basis of the vehicle category, as set out in the “PENALTY DESCRIPTION” indicated in the Special Rental Conditions published on the Lessor’s website, and on the total duration of the repair.

e) Damage detection and charging
The detection phase is characterized by the following three most common scenarios:

i. Minor damage, agreed at return. For minor damage agreed and accepted by the Customer at CHECK-IN, an amount equal to that indicated in the Damage Table/Matrix attached to the rental contract/letter will be charged and included in the final invoice.

ii. Minor damage, not agreed because the Customer was not present. If at CHECK-IN the Customer is unable to attend the inspection (due to urgency or out-of-hours return) and the detected damage is minor, the Lessor will charge the relevant amount using the Damage Table attached to the contract. In such cases, the Customer will be duly informed by email or regular mail. This notice will be sent within 30 working days from the return of the vehicle, with supporting documentation of the damage attached.

iii. Major damage. If the damage is major and/or hidden, or cannot be quantified on the basis of the damage table, the Lessor will charge the estimated repair amount, following a notice sent to the Customer 5 days prior to charging. If, within 5 days of receiving the charge notice, the Customer notifies by email to info@carmotion.it that he/she wishes to exercise the right to request—at his/her own expense—an assessment of the damage by a certified third-party expert company, the Lessor will proceed with the charge after the outcome of the above-mentioned assessment.

f) Complaints
The Customer may file a complaint within 5 days from the end of the rental period regarding any service issue received.

Any disputes regarding charges made to the Customer for any reason by the Lessor may be raised only after payment of such charges and, in any event, no later than 5 days from receipt of the relevant communication.

g) Return via KEY BOX
The Vehicle must be returned during the opening hours of the branch where it was collected. The Customer acknowledges that the rental ends on the date and time the vehicle is actually returned to the Lessor’s staff. If the vehicle is returned outside the branch’s opening hours, the rental shall not be deemed concluded upon placing the keys in the “KEY BOX”, but shall end on the date and time of the branch’s subsequent reopening, i.e., until the Lessor regains possession of the vehicle. Until the branch reopens, the Customer is responsible for any damage found and not reported on the vehicle, and is also responsible for any removal, for any reason, by third parties of the vehicle or parts thereof, as well as of the keys placed in the box.

When using the Key Box, the Customer must notify by email to info@carmotion.it the place and time of return, the mileage driven, the fuel level and any damage caused during the rental period, attaching photos/videos of the vehicle’s condition at the time the keys are returned.

8.2 In the event that the Vehicle is not returned within the time limits indicated in the rental contract/letter (or after the expiry of the Lessor’s maximum tolerance of 59 minutes beyond the return time indicated in the contract), the Customer undertakes to pay the penalty provided for as “CHECK-IN DELAY PENALTY”, without prejudice in any case to any greater damage and unless the Lessor has granted written authorization to extend the rental. In the event of authorization to extend the rental, upon expiry the above-mentioned penalty shall apply in the event of failure to return the vehicle within the agreed time.

At the time of booking, the Customer may choose, as an additional extra, the option to return the vehicle to a location different from the place of delivery. This extra shall be indicated in the rental letter, together with the fee due for the “One Way” service (see the “ADDITIONAL COSTS / OPTIONALS” table published on the Lessor’s website). If the vehicle is not returned to the location indicated in the Rental Letter, but is nevertheless returned to a Lessor branch, and this option was not selected and indicated in the contract, the Lessor reserves the right to charge, as a penalty, the amount provided for under the “One Way” item, in addition to any direct damage resulting from the unavailability of the vehicle at the originally scheduled return branch.

8.3 In the event of a breakdown or upon simple request by the Lessor, the vehicle must be returned by the Customer to any branch of the Lessor, which will replace it subject to availability. If the Customer arranges for repairs, upon proof of payment, the Lessor shall reimburse the amount advanced by the Customer for repairs due to vehicle breakdowns, provided that such breakdowns occurred in Italy, are documented by an invoice duly made out to the Lessor, and were in any case previously authorized in writing by the Lessor.

8.4 In the event of early return of the vehicle, for any reason whatsoever, any rental fees already paid in advance shall not be refunded by the Lessor, while any fees still due shall be charged to the Customer.

8.5 If the vehicle is not returned on the date and time indicated in the rental contract/letter, after 24 hours have elapsed without any justified communication from the Customer, due to the Customer being unreachable and/or in any case failing to respond to the requests sent by the Lessor, the rental contract shall be deemed automatically terminated. Upon reporting the facts to the competent authorities, the Lessor shall proceed to suspend the effectiveness of the vehicle’s R.C.A. insurance, with all consequent liability resting solely and exclusively with the Customer.

ART. 9 – SECURITY DEPOSIT

For the rental of each vehicle, regardless of duration and mileage, at the time of signing the contract the Customer is required to provide a security deposit, determined on the basis of the vehicle type and quantified in accordance with the Rental Conditions published on the Lessor’s website.

The deposit represents a sum of money that is blocked as a precautionary measure by way of guarantee and for the purpose of verifying the validity of the credit card presented by the Customer.

The amount of the deposit shall be released by the Lessor upon termination of the contractual relationship, provided that the vehicle is returned undamaged and complete with all parts and accessories, and subject to verification that the Customer has duly fulfilled all contractual obligations undertaken.

In this regard, the Lessor specifies that the release of the security deposit generally takes place in the hours immediately following the closure of the rental contract; however, it may occur that the released amount is not immediately available on the Customer’s account statement. The Lessor releases the funds but has no control over the actual timing of the credit, which is determined by the companies managing the Customer’s credit card and by interbank circuits. Consequently, no liability may be attributed to the Lessor for any delay in the effective crediting of such amounts from the date of release.

ART. 10 – AMOUNTS PAYABLE TO THE LESSOR

Upon delivery of the vehicle, the Customer undertakes to pay the Lessor:

a) the rate provided for in the rental agreement and the fees for any additional services requested by the Customer at the time of signing the rental agreement, where not prepaid as indicated in the agreement;

b) any extra rental days, the charge for which shall be calculated not on the basis of the offer at the time of booking, but in accordance with the current daily rate;

c) deductibles/excesses and penalties in the event of damage and theft, or partial damage resulting from attempted theft, where provided for and applicable in accordance with Art. 11;

d) any other amounts due on the basis of the contractual documentation, in accordance with the “ADDITIONAL COSTS / OPTIONALS” and “PENALTY DESCRIPTION” tables set out in the Special Rental Conditions published on the Lessor’s website;

e) the amounts corresponding to all fines, motorway tolls and unpaid parking charges incurred during the rental period;

f) the cost relating to vehicle downtime;

g) in the event that an administrative hold and/or seizure of the vehicle is imposed, by way of compensation for the Lessor’s inability to use the vehicle for the entire period between the date of the administrative hold and/or seizure and the termination of the effects of the applied measure, the Customer shall be charged the rental price calculated on the basis of the official rate published on the website www.carmotion.it. The Customer shall also indemnify the Lessor against any expenses related to the relevant administrative procedure;

h) the costs relating to vehicle towing expenses.

ART. 11 – CUSTOMER LIABILITY IN THE EVENT OF DAMAGE, ACCIDENT OR THEFT AND OPTIONS FOR LIMITING LIABILITY TOWARDS THE LESSOR

The Customer is liable for and undertakes to indemnify the Lessor for any damage, fire, total or partial theft, or damage resulting from attempted theft affecting the vehicle.

11.1 In the event of damage to the vehicle

In the event of damage to the vehicle, the Customer shall contribute to the economic loss suffered by the Lessor up to the maximum amount indicated in the rental agreement as the “Damage Excess/Deductible”, without prejudice to the provisions of Art. 12 below, in addition to the costs, always due, of the administrative fee for damage claim handling (“Administrative Fee”).

11.2 In the event of fire, total or partial theft of the vehicle

In the event of fire, total or partial theft, or damage resulting from attempted theft of the vehicle, the Customer shall contribute to the economic loss suffered by the Lessor up to the maximum amount indicated in the rental agreement as the “Theft Excess/Deductible”, without prejudice to the provisions of Art. 12 below, in addition to the costs always due to the Lessor for the amount of fuel indicated on the CHECKLIST – CHECK-OUT, for all accessories supplied (snow chains, child seats, satellite navigation system), and for the administrative fee for theft claim handling (“Administrative Fee”).

11.3 In the event of an accident involving the vehicle

In the event of an accident suffered or caused by the vehicle, or in the absence of third parties, the Customer shall contribute to the economic loss suffered by the Lessor up to the maximum amount indicated in the rental agreement as the “Damage Excess/Deductible”, without prejudice to the provisions of Art. 12 below, in addition to the costs always due to the Lessor for the administrative fee for damage handling (“Administrative Fee”) and the accident penalty.

If the accident is subsequently classified as an “at-fault-free” claim, the Lessor shall reimburse the Customer for the expenses incurred, with the exception of the administrative fee for damage handling.

The maximum amounts of the deductibles/excesses payable for damage (CDW) and theft (TP) are indicated in the “Special Rental Conditions” published on the Lessor’s website. The deductible indicated in the rental letter remains entirely payable by the Customer, unless the Customer decides to further reduce or eliminate participation in the economic loss suffered by the Lessor by paying a supplement to the rental fee (see LIABILITY REDUCTION / DEDUCTIBLE WAIVER PACKAGES), by purchasing one of the following contractual liability limitation packages, which include:

LIMITED COVER

The Customer reduces participation in the damage suffered by the Lessor, up to the value of the deductible applicable in the event of damage, through the RCDW product of the relevant vehicle category, limited to bodywork, windows, tyres and rims. Damage to the roof, underbody, interior, mechanical/electrical parts, licence plate damage, key damage and incorrect refuelling are not included (and therefore always remain excluded from the CDW damage limitation and entirely payable by the Customer).
The Customer also reduces participation in partial and/or total theft suffered by the Lessor, up to the value of the theft deductible through the RTP product of the relevant category. Theft of licence plates, keys and accessories supplied at collection (child seats, snow chains, satellite navigation system) is not included (and therefore always remains excluded from TP theft limitation and entirely payable by the Customer).

COMFORT COVER

The Customer eliminates participation in the damage suffered by the Lessor, up to the value of the deductible applicable in the event of damage, through the SCDW product of the relevant category, limited to bodywork, windows, tyres and rims. Damage to the roof, underbody, interior, mechanical/electrical parts, licence plate damage, key damage and incorrect refuelling are not included (and therefore always remain excluded from the CDW damage limitation and entirely payable by the Customer).
The Customer also reduces participation in partial and/or total theft suffered by the Lessor, up to the value of the theft deductible through the RTP product of the relevant category. Theft of licence plates, keys and accessories supplied at collection (child seats, snow chains, satellite navigation system) is not included (and therefore always remains excluded from TP theft limitation and entirely payable by the Customer).

PREMIUM COVER

The Customer eliminates participation in the damage suffered by the Lessor, up to the value of the deductible applicable in the event of damage, through the SCDW product of the relevant category, limited to bodywork, windows, tyres and rims. Damage to the roof, underbody, interior, mechanical/electrical parts, licence plate damage, key damage and incorrect refuelling are not included (and therefore always remain excluded from the CDW damage limitation and entirely payable by the Customer).
The Customer also eliminates participation in partial and/or total theft suffered by the Lessor, up to the value of the theft deductible through the STP product of the relevant category. Theft of licence plates, keys and accessories supplied at collection (child seats, snow chains, satellite navigation system) is not included (and therefore always remains excluded from TP theft limitation and entirely payable by the Customer).

Damages shall be classified and quantified, also in accordance with the criteria set out in Art. 8(e), by applying the Damage Table available on the website www.carmotion.it and, upon the Customer’s request, in paper copy at any rental branch. Where classification and quantification cannot be carried out using the Damage Table, the Lessor shall charge the estimated repair cost provided by one of its partner suppliers or based on the assessment carried out by a certified expert appraisal company, following prior notice to the Customer. The Lessor reserves the right to determine the timing and methods of vehicle repair where the damage does not affect its functionality. The Lessor shall not be required to provide the Customer with any documentation relating to the execution of repairs for damages caused by the Customer.

11.4 Accident penalty

Due to the resulting increase in insurance costs, in the event of an at-fault or shared-fault accident, as well as in the event of incorrect or missing completion of the documentation required for handling the accident, an accident penalty shall be due in the amount indicated in the “Penalty Description” table of the Special Rental Conditions published on the Lessor’s website and stated in the rental agreement. This penalty shall also apply even if the Customer has purchased liability limitation/exclusion services, as it is intended to promote compliance with road traffic regulations, protect the rented vehicle, and encourage the Customer to actively provide the evidence necessary for the correct determination of liability.

11.5 Vehicle replacement

If the Customer requests replacement of the vehicle following an accident and/or theft and/or fire, the Lessor reserves the right not to grant such replacement and to terminate the contract, considering such events as just cause for termination of the contractual relationship (Art. 13).

ART. 12 – GROUNDS FOR EXCLUSION FROM THE CUSTOMER’S LIABILITY REDUCTIONS PROVIDED FOR IN ART. 11

By way of derogation from Art. 11, the Customer shall always be liable for the full amount of the economic damage (damage to the vehicle of any kind, fire, total or partial theft) caused to the Lessor, up to the full value of the vehicle in addition to any further damages, if at least one of the following circumstances occurs. Such circumstances render null and void the deductibles/excesses indicated in the contract and, in general, any and all agreed limitations of liability in favor of the Customer (CDW – TP / RCDW – RTP LIMITED COVER / SCDW – RTP COMFORT COVER / SCDW – STP PREMIUM COVER):

a) use of the vehicle for unlawful purposes;

b) violation of applicable laws and/or of the Highway Code;

c) use of the vehicle in breach of the provisions set out in Art. 6 of these General Conditions;

d) return of the vehicle in a damaged condition following an accident, whether suffered or caused, or in the absence of third parties, without a report certifying the dynamics of the event and the related documentation, or without submission and/or with incorrect and/or incomplete completion of the C.A.I. form, together with the absence of intervention by the authorities;

e) failure to promptly report total or partial theft or acts of vandalism to the competent authorities;

f) damage caused intentionally by the Customer, or due to neglect of the vehicle, as well as damage relating to the vehicle’s interior (including the dashboard, airbags, seat belts, touch screen display, etc.), the roof, damage resulting from failure to assess the vehicle’s height and protruding or overhanging objects above the roof, damage to the clutch kit, engine over-revving, damage to the underbody, the licence plate, as well as breakage of components due to unauthorized driving on damaged or unsuitable roads.

These circumstances shall be deemed proven by a fine and/or a declaration by the Customer and/or a C.A.I. form and/or findings by insurance companies. In any event, the Customer shall always retain the right to prove that the above circumstances were due to causes not attributable to him/her.

ART. 13 – VEHICLE REPLACEMENT

The Lessor does not provide for the replacement of the vehicle with another one in any case of accidents, tyre punctures, tyre damage, breakdowns, theft or robbery, fire, or damage of any kind. In the event of a breakdown attributable to the Customer, the Lessor does not provide for vehicle replacement and does not grant any refund for the unused rental period.

However, in the event of a breakdown not attributable to the Customer, the Lessor, subject to availability and within 48 hours from the occurrence, shall provide for the replacement of the vehicle, to be collected by the Customer at the nearest rental station. In such case, the Customer must provide original copies of all documentation received from any roadside assistance service. In any event, the Lessor allows only one (1) vehicle replacement per rental agreement.

ART. 14 – ROADSIDE ASSISTANCE

The Lessor provides the Customer with a service number for 24-hour roadside assistance, supplied directly by the vehicle manufacturers or through the insurance policy. Regardless of the nature of the breakdown, the Customer is required to contact the Roadside Assistance service and the rental office (Lessor) at the telephone numbers indicated in the rental agreement, in order to resolve the cause of the immobilization on site or to have the vehicle towed to the nearest workshop authorized by the manufacturer or affiliated with the Lessor.

If the Customer has purchased the Premium Roadside Assistance service, the roadside assistance intervention will also cover breakdowns of a non-mechanical nature. In such cases, the Customer shall be responsible only for the costs necessary to restore the vehicle, in accordance with the coverages included in the rental agreement.

If the Customer has not purchased the Premium Roadside Assistance service, roadside assistance shall be free of charge only for mechanical breakdowns not attributable to the Customer. For non-mechanical breakdowns and, in any case, breakdowns attributable to the Customer, a charge of EUR 250.00 + 22% VAT per call shall be applied, in addition to any costs for excess mileage in transferring the vehicle to the nearest affiliated workshop close to a Lessor branch, as well as the costs necessary to restore the vehicle in accordance with the coverages included in the rental agreement.

If roadside assistance is required on days or at times when workshops are closed, the vehicle will be stored in a depot until they reopen. If the breakdown of the vehicle is attributable to the Customer, the Lessor shall not be liable for the vehicle downtime required for its repair; therefore, no refund shall be granted to the Customer for unused rental days.

If the Customer requests non-affiliated roadside assistance, any expenses incurred shall not be reimbursed.

ART. 15 – OUT OF HOURS SERVICE AND NO SHOW

15.1 Out-of-hours service
Vehicle collection/return outside normal business hours is possible only upon request, subject to confirmation by the Lessor, and entails a surcharge of EUR 61.00 (VAT included) for collection/return within 1 hour before closing or after opening of the office, or EUR 122.00 (VAT included) for collection/return within 2 hours before closing or after opening. The surcharge must be prepaid prior to the service

15.2 No Show
If the Customer arrives more than one hour after the agreed collection time and place, the booking shall be considered a “NO SHOW”, resulting in cancellation of the booking and forfeiture of the prepaid amount.

ART. 16 – EXECUTION OF THE CONTRACT IN THE NAME OF AND/OR ON BEHALF OF A THIRD PARTY – JOINT AND SEVERAL LIABILITY

16.1 Any person who signs the rental agreement in the name of and/or on behalf of a third party shall be jointly and severally liable with such third party for all obligations arising from the rental agreement and these General Rental Conditions.

16.2 The Customer acknowledges that the rental ends on the date and time of the actual return of the vehicle to the Lessor’s staff. The Customer and each authorized driver shall be jointly and severally liable towards the Lessor for all obligations arising from the rental agreement and these General Rental Conditions.

ART. 17 – USE OF SATELLITE DEVICES

The Customer consents to the use of satellite devices (GPS and similar) capable of detecting the Vehicle’s location and speed or driving behavior through position tracking. Such data shall not be used by the Lessor to track or monitor the Customer’s movements, but shall be collected solely for the purposes of:
(i) complying with legal requirements and locating the vehicle in the event of an accident or breakdown;
(ii) locating the vehicle in the event of theft or attempted theft and verifying that the vehicle has been rented/returned to the rental agency.

ART. 18 – TERMINATION CLAUSE

18.1 The Lessor may terminate the rental agreement early pursuant to Art. 1456 of the Italian Civil Code in the event of the Customer’s breach of Arts. 6, 7, 9 and 12, as well as in the event of insolvency, commencement of insolvency proceedings and/or bankruptcy of the Customer, protests, enforcement or precautionary proceedings, or a reduction in the Customer’s economic and/or financial reliability requirements. In particular, the agreement shall be terminated automatically by operation of law and without the need for any prior notice by the Lessor in the event of failure to return the vehicle within 24 hours after the date and time established in the rental contract/letter.

18.2 In all cases in which termination of the agreement is declared due to the Customer’s default and the return of the vehicle is requested, the Customer shall be required to immediately return the vehicle to the contractually agreed location and/or to a different location communicated by the Lessor, and to pay the agreed rental rate for the entire rental period, without prejudice to any greater damage, as well as any other amounts accrued by virtue of the rental (subject to the applicability of the various penalties provided for in this agreement).

ART. 19 – DELAYED CHARGE

In accordance with the regulations governing international financial circuits (credit card companies and issuing institutions), and without prejudice to the provisions of Arts. 6, 7, 8, 9 and 10 regarding the attribution of liability, all expenses not known at the time of vehicle delivery but identified after the vehicle has been returned (so-called “Delayed Charge”) shall be charged to the Customer.

Acceptance of the Delayed Charge is expressly indicated in the rental agreement and, in particular, in the “Delayed Charge Agreement” signed by the Customer, to which express reference is hereby made. The following types of charges fall within the scope of “Delayed Charges”: damage or theft deductibles; administrative fees in the event of damage or theft; fines, motorway tolls and unpaid parking charges; administrative fees for the handling of each individual traffic violation; damage to and/or loss of all vehicle accessories; damage to and/or loss and/or theft of keys and/or licence plates; penalties for at-fault or shared-fault accidents; vehicle downtime; fuel; refuelling service; incorrect refuelling penalty; roadside assistance call-outs; excess mileage charges; vehicle towing; vehicle recovery in another region or country; cross-border travel; out-of-hours costs; return of the vehicle to a different branch; late return penalties (CHECK-IN).

ART. 20 – PERSONAL DATA PROCESSING

Pursuant to Art. 13 of EU Regulation No. 679/2016 (GDPR), the Lessor shall process the data provided by the Customer in compliance with the applicable data protection legislation and in accordance with the Privacy Notice available on the website www.carmotion.it and, upon the Customer’s request, in paper copy at any rental agency.

By signing the rental agreement, the Customer declares in particular that he/she has been informed of and accepts:

• the purposes and methods of personal data processing;
• the nature of the data provided, whether provision of such data is mandatory or optional, and the consequences of any refusal to allow the processing of such data;
• the scope of data disclosure;
• the data subject’s rights, the methods for exercising such rights, and the contact details of the Data Controller.

ART. 22 – GOVERNING LAW AND JURISDICTION

In the event of doubts or differences in interpretation, the Italian-language version shall prevail over the English-language version, as it expresses the true and exact intent of the parties. The English text, available for consultation and upon the Customer’s request, constitutes a mere literal translation. Should any provision of the Contract be deemed invalid or ineffective, in whole or in part, such provision shall be disregarded and the Contract shall remain valid and effective with respect to the remaining provisions.

ART. 22 – LEGGE APPLICABILE E FORO COMPETENTE

The rental relationship governed by this contract shall be subject to Italian law. Any dispute between the parties relating to the rental agreement shall fall under the exclusive jurisdiction of the Court of Palermo, without prejudice to the application of the mandatory consumer jurisdiction provided for by the Consumer Code in the event that the Customer qualifies as a consumer.

ART. 23 – DOMICILE AND COMMUNICATIONS

For all legal purposes and for the execution of this rental relationship, the Customer declares that he/she elects domicile at the address communicated to the Lessor. Unless otherwise indicated, communications from the Lessor relating to the contract shall be sent to the email address provided by the Customer.