Terms and conditions CarMotion
Ellegi S.R.L., which works under ‘CarMotion’ brand (owned by Ellegi S.R.L.) with a registered office in Palermo, on Via Francesco Crispi n.250, P.I. 04147860821, hereinafter referred to as “the Company”, offers a service to the Renter, hereinafter referred to as “the Customer”, renting him a vehicle (and/or every substitution vehicle) in accordance to the following Rental Agreement ( hereinafter referred to as the “Rental Agreement” or “Agreement Letter”) which includes all the terms and conditions, as well as all the informations and special conditions showed in the front of the Rental Agreement, which was signed by the Customer. The rights and obbligations included in the following contract define the correct use of the vehicle, owned by the Company, by the Customer, and cannot be transferred to anyone.
The Customer aknowledges that he is not the owner of any real right on the rented vehicle, or on any accessory, and therefore can not make any arrangement on it, even temporarily; therefore any attempt to transfer or sub-lease the vehicle to a third part is void. The Company grants the use of the vehicle only on the terms and conditions of the following agreement.
1. RENTAL AGREEMENT
The Rental agreement, or Agreement letter, is an agreement between who provides the service (The Company), and any capable person, having the psychic, physical and attitudinal requisites that undersigns the rental contract, pursuant to art. 84 of the highway code (The Customer).
In the rental agreement are summarized all the special conditions applicable to the rent, including the vehicle characteristics, time and place of beginning and end of the rent, services and extras, as well as the related economic conditions.
The following terms and conditions are fully part of the Rental Agreement.
Any amendement made to the following general conditions will be preceded by a specific communication through the website www.carmotion.it.
2. ACCESS TO THE RENTAL
Both the Customer and every other additional driver which has been authorized to drive the vehicle, specified on the Rental Agreement, must comply with the formalities of identification and qualification required by the Company, providing, in order to make a copy, a vaild identity document. Every authorized driver commits himself to not provide wrong or false informations about his generality, age, domicile address, phone number, e-mail address, as well as to possess all the needed law requirements to be enabled to drive, aknowledging that he can be prosecuted by law in case of false declarations. Both the Customer and every other additional driver must be aged between 21 and 79 years old, and in possess of a valid driving license for the rented vehicle, issued by at least 24 months, which has to be shown, in order to make a copy. Is it possible to be authorized as a Driver if Younger than 25, by paying an extra fee.
The company provides vehicle covered by the mandatory R.C.A. Insurance, in accordance with current italian laws. R.C.A. grants the insurance cover of civil liability towards third parties, animals and things (excluding those transported). The vehicles supplied are suitable for circulation, equipped with safety equipment (emergency stop triangle,tools, high visibility vest, spare wheel and/or repair kit) and in compliance with the registration and circulation tax. Signing the Rental Agreement means the Customer is accepting also the insurance conditions between the Company and the Insurance Company choosed by the Company.
4. PAYMENT METHODS
To rent a car, is mandatory to pay the import on the pick-up using the main credit cards (VISA or MASTERCARD), or with a bancomat – prior authorization of the Bank Institute-, or with cash, or with a bank transfer. If the payment is made trough a credit card issued to a person which is not the Customer, it will be mandatory to have a signed permit of the credit card holder. The company reserves the possibility to deny the accomplishment of the rental agreement arbitrarily and unchallengeably, without having to provide any explanation to the customer.
5. PICK UP AND DROP OFF OF THE VEHICLE
The company provides the vehicle to the Customer fully equipped with all the accessories mandatory by law, and all the needed documents for road traffic. The vehicle is provided to the customer trough a record of delivery (Checklist), digitally managed by the App “Car Rental Checklist”, prior to subscription on a phisical (paper) support in case the digital support won't be usable for causes which are not assailable to the Company.
The vehicle will be provided after the check of its status, with an indication and, eventually, even with pictures of the pre-existent damages (if there are any). Vehicle status and all the equipped accessories mandatory by law is given for acquired from the moment of the subscription of the customer, and from his lack of disputes. From the moment the Customer picks the car, he aknowledges that the vehicle is in an excellent condition of maintenance, suitable for driving, and is also fully equipped with accessories and documents. Anyway, the Customer still have the right to prove the presence of any hidden defects during the status check, as well as defects shown during the rental period, which are not attributable to the Customer. The Customer is also obliged to immediately communicate to the Company every defect detected. The Customer commits himself to drop-off the vehicle, fully equipped with accessories and documents, clear from things or goods, respecting the details (Time and Location) shown in the Agreement Contract, in the same conditions as it was picked-up, cleaning included, excluding the consquences of the use proportioned to the time of the rental period and the travelled distances.
The expected drop-off time shown in the Agreement Contract is only approximated. This means that, in any case, will be considered authentic only the time shown in the delivery record compiled trough the App “Car Rental Checklist”. If the Company accepts to grant one or more hours of tolerance compared to the expected drop-off time, this amendement will be automatically calculated and shown in the Agreement Contract, under “Expected Drop-off Time”.
When returning the vehicle, the Customer is obliged to verify, in contradiction with the Company, and trough the same "Car Rental Checklist" App used during the pick-up, the status of the vehicle, accepting and subscribing any kind of defect or discrepancy showed in the report during the delivery. In case of lack of jointed verification between the two parts, since that moment the Customer authorizes the Company to charge the import of any damage eventually found on the vehicle, even after the drop-off, as stated in the "Delayed Charge Agreement", referred to in the art. 8, subscribed by and provided to the Customer.
All the fees for not respectring the time of drop-off (Check-in) showed on the Rental Agreement , are bond to the rental rates choosed by the Company and/or by any eventual intermediary (Broker).
In case of failure of return of the vehicle within the drop-off time showed on the Rental Agreement, following the relative rate, the Customer agrees to pay the related penalty,exluding a major cause damages, and exluding any previously authorization released and subscribed by the Company to extend the rental. In this case, it will be necessary to pay the standard rates previously agreed with the Company during the extension request; at the end of this last term, the penalty will be again appliable.
Is it possible to ask, as an extra at the moment of the booking, to return the vehicle in a place which is different from the one of the check-out. This extra will be shown in the Rental Agreement, as well as its import.
In other cases in which the vehicle is dropped in a place which is different from the one shown in the Rental Agreement (but still one of the Company's offices), if this option was not choosed by the Customer, and not showed in the Rental Agreement, the Company reserves the right to charge a penalty related to any damage emerged by the lack of disponibility of the vehicle in the Office where the car was supposed to be returned. The vehicle has to be returned during the opening hours of the agency where it was picked-up. Is it possibile to return the vehicle outside of the opening hours of the agency. In these circumstances, the rental will not be considered as ended at the moment of the drop of the keys in the keybox, but only at the opening of the agency of drop-off, or rather until the Company will be again in possess of the vehicle. Until that moment, the Customer will be responsible of any event referred to the vehicle (for example: fines, damages, theft and/or partial or total burn), and it will be applayable the "Delayed Charge
Agreement" subscribed by the Customer. In case of failure or simple request by the Company, the vehicle must be returned by the Customer to any Company Agencies that will replace it, depending on the availability,without any burden for the Company and with the latter's right, at its discretion, to not grant a replacement vehicle in case 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 can be provided to the Customer, applying the reductions and/or surcharges bond to vehicle category.
The vehicle replacement is included in the rental fee, excluding the cases of failures due to Customer's fault, negligence or willful misconduct.
In case of impossibility to return the vehicle, the Company commits to refund the Customer for the costs he/she has paid for repairs due to vehicle breakdown, as long as a fiscal invoice regularly registered to the Company is provided. For any extra expense higher than €50,00 (VAT EXCLUDED), the Customer will have to ask first for the authorization of the Company. Any cost will be refunded only if the breakdown was not caused by the Customer. In case of failure to return the documentation supplied with the vehicle and/or the license plate, the Customer commits to pay, as a penalty, the import of € 250,00, except for refund of related costs and/or further damage. In case of fault to return the keys of the vehicle, for any reason, even though the vehicle was returned, the Customer will have to pay, as a penalty, the import of € 250,00, excluding any other major damage.
In case of missing or damaged accessories of the car, for any cause, the Customer will have to pay, as a penalty, an import of € 250,00, excluding any other major damage.
All the penalty imports are VAT excluded. Any claim or complaint to the Company related to the rental can be issued no later than the 10 days deadline, starting from the dropoff of the vehicle, and the end of the Rental Agreement.
6. CUSTOMER EXPENSES AND CHANGES
The Customer commits itself to pay the import of the rental as established in the rate choosen and showed in the Rental Agreement, the import of any accessory/extra bought,as well as the supplements in case of subscription of one of the optional insurance cover, pursuant to art. 9.
The total import of the applied rate includes the rental period, every extra chosen by the customer and any other optional added during the booking, or the Rental Agreement subscription, of the vehicle category and others variable calculation factors (f.e. Kilometres and/or extra hours shown in the Rental Agreement). The Customer commits also to pay to the Company the price of fuel refilling for any missing liter, as well as the Refuelling service cost (equal to €15,00 + VAT) if the vehicle is dropped with less fuel than the pick-up. In no case there is a refund to the Customer for the extra fuel.
The Customer is also obliged to pay, if due, the quote for: the excess in case of damage and/or theft; extra cleaning, tolls and parking tickets, road assistance, fines.
Nor the Customer, or any other additional driver, even if authorized, can ever drive the vehicle outside the territory of Italy.
The Customer, or any other additional driver, must drive the vehicle following the Traffic Rules; they must also make sure that every luggage or good loaded in the vehicle is well pplaced and secure, in order to avoid any damage to the vehicle, and any risk for the passengers aboard. The Customer is also obliged to keep the vehicle safe with dilligence, and always be sure that the car is locked and protected by the anti-theft system, if equipped, every time it is parked or left unattended.
The Customer and/or any additional driver must not drive under the influence of alchool, drugs or any other illegal substance, or any other substance (legal or not) that can compromise the ability to drive.The Customer is obliged to utilize the antifreeze additive, whether necessary and required by the wheather conditions. The Customer will have to refund the Company for any damage related to the freezing of fuel, as well al the costs related to the towing of the vehicle, including eventually the technical stop.
The Customer commits to install and use the snow chains, where required by law.
The Customer and/or any additional driver must fill the tank of the vehicle only with the right kind of fuel. If the vehicle is refueled with a wrong fuel, the Customer will be responsible for any cost necessary to transfer the vehicle and/or to repair any damage caused by the issue, calculated according to the rules described in the followin section (Vehicle Damage), unless he can prove the mistake is attributable to an identified third part.
It's absolutely forbidden to carry paid passengers, or to sublet the vehicle to a third part; to carry more people than the correct number shown in the vehicle documents; to carry flammable, toxic, raioactive and/or dangerous materials, or any kind of product forbidden by the current laws; to carry goods or things which wheight, or have a volume exceeding the one authorized in the vehicle documents; to race, to drive offroad, to do speed-tests, to do rally or any kind of competition, or trials, wherever those will take
place, if those are official or not; to carry living animals (exluding pets, with the obligation to remove any residues and to return the car in the same conditions of cleanliness and hygiene in which it was provided by the Company); providing driving lessons, push or tow another vehicle or a caravan; drive the vehicle on offroad or roads which dimensions or bottom can cause damages to vehicle parts such as mechanical parts and/or car body, like beaches, unsuitable paths, forest roads, paths full of vegetation or mountain routes, roads which aren't open to traffic or paved; to pursue any illegal international conduct, to transport the vehicle on board ships, boats, trains (excluding the railway section from/to Calabria and/or Sicily's Minor Islands); to drive the vehicle in closed traffic zones of airports, harbours or any other similar place, which is not freely accessible to traffic, or even in refineries and chemical plants or oil installations, without the prior written authorization of the Company. When this kind of use is authorized,
the Customer aknowledges that the third party liability insurance can change or even cease, depending on the circumstances. The Customer aknowledges that he can't take advantage of the vehicle replacement service outside of Sicily, because the Company is neither present in its own form, nor trough correspondents outside of Sicily.
In case of total or partial theft or total or partial fire of the vehicle, the Customer must provide to the Company the original copy of complaint made to the competent authorities, as well as a signed declaration of the event, within 24 hours from said event.
If the Company will receive the original complaint and the keys of the vehicle within 24 hours, the Rental Agreement will be ended at the date and time of the theft declared in the complaint. Over 24 hours from the event, if the original receipt of the complaint and the keys are still missing, the Rental Agreement will be kept valid, and the Customer will have to pay any additional day until an original complaint is provided.
If the Customer fails to provide an original complaint within 2 days from the theft of the vehicle, he will be charged for a refund equal to the market value (Eurotax Giallo) of the vehicle at the moment it was stolen.
Failure to return the keys, in case of theft caused also by the negligent behaviour of the Customer, will imply the charge for indemnity of the full market value (Eurotax Giallo) of the vehicle at the moment it was stolen.
At the time of subscribing the Rental Agreement, the Customer has to pay a security deposit, the amount of which is written on the contract, and submitted to the customer reading before signing. This import can also be payed in cash, but always in compliance with the current provisions on traceability. The security deposit will be refunded if,while concluding the contractual relationship, the vehicle is returned whole and equipped with all the parts and accessories. Meanwhile, the Customer also commits to compensate the Company for any damage found after the return, occurred to the vehicle for whatever reason. For this reason, in case of payment with credit card, the Customer authorizes on the rental agreement, trough the subscription of the “Delayed Charge” clause (referred to in the following article), the charge for any damage found,directly on his credit card. By the way, the aforesaid charge cannot in any case exceed the maximum values for damage, theft and/or burn showed in the rental agreement and
submitted to the Customer reading before signing it. These limits won't be applied in case of fraud or incautious drive (as stated in Art. 6 and 9).
In accordance with the legislation on international financial circuits (Credit Card Companies), and subject to the provisions of art. "9" on the attribution of responsibility, the Customer will be charged for any expenses not known at the time of delivery of the vehicle but recorded after the return of the vehicle (Delayed Charge). The subscription of the “Delayed Charge” is clearly indicated in the rental agreement, expecially under the “Delayed Charge Agreement” subscribed by the Customer trought the following: “ I aknowledge and accept from now on every cost, such us: missing gas, insurance penalties, damages found after the vehicle was returned, fines, and an import of €35,00 (VAT excluded) to refund the cost for the handling every single fine or motorway toll which I didn't pay for, and authorize the Company to charge these on my credit card”.
The following costs fall within the “Delayed Charge”: Fines (if the Company chooses not to make use of the possibility of re-notification by the competent authority or it is impossible or excessively difficult the re-notification by the competent Authorities), parking tickets, tolls, refuelling, damages to the vehicle, towing, loss and/or damage of any accessory, loss and/or damage of the keys and/or license plates.
9.LIABILITY FOR CAR ACCIDENTS,THEFT AND DAMAGES
The Customer is responsible for every damage, theft or fire which would occurr to the vehicle, as well as for every fine and/or any kind of charge resulting from the violation of the traffic rules, or any other law.
Anyway the Customer has the right to prove that the aforementioned violations and/or damages to the vehicle are due to causes which are not imputable to himself, and that those are not a direct consequence of his negligence, and to prove also that he kept the vehicle with utmost diligence. This clause in any case does reverse the burden of proof,nor precludes the possibility to propose any kind of exception, always according to the law. The Company policy about the damage management can be fully consulted on the website www.carmotion.it. If the rented vehicle is involved in an accident, or gets damaged, even without involving a third part, the Customer must communicate the fact to the competent Authorities, obtain a report and warn the Company no later than 48 hours after the accident (excluding the daily rental, in which case the communication must be done as soon as possible). The Customer will have also to contact the Road Assistance number provided by the Company, in order to provide for the towing of the vehicle if
this one cannot be driven and/or if it lacks of the minimum safety requirement established by law. In any case of failure to return the vehicle, or if it gets damaged or stolen,the Customer is obliged to pay the quote of the excess showed in the rental agreement, as well as the administration fee for the management of the practice (excluding the case in which the Customer has bought one of the insurance options, fully explained in the following art.10).
If no liability reductions were bought with the rental, the
Customer will have to pay the import as shown in the following shedule, different depending on the chosen vehicle category:
SMALL CARS (CAT. B-B1-C-C1)
Damage Excess 1390.00€ (VAT EXCLUDED)
Theft Excess 1500.00 (VAT EXCLUDED)
MEDIUM CARS (CAT. D-D1-E-E1-P)
Damage Excess 2000.00€ (VAT EXCLUDED)
Theft Excess 30000.00 (VAT EXCLUDED)
BIG CARS (CAT. P1-G-G1-V-V1)
Damage Excess 2500.00€ (VAT EXCLUDED)
Theft Excess 3000.00 (VAT EXCLUDED)
The identification of the categories in B, B1, C, C1, D, D1, E, E1, P, P1, G, G1, V, V1, corresponds to the classification codes of ACRISS vehicles and related to category, type, size,transmission, fuel, air conditioning.
The Customer will be considered as responsible for any damage found on the return of the vehicle, which wasn't marked as pre-existent on the check-out report, according to the art. 1588 c.c., while he is still obliged to demonstrate the damage is not a consequence of his negligence, and to have kept the vehicle with the maximum care.
It is understood that, even if the Customer subscribed any of the insurance covers, he still has to explain and demonstrate the facts.
Anyway, the effectiveness of the insurance cover bought by the Customer is lost, as well as any liability reduction in his favour, decays in case of fraud or serious fault, including driving while drunk, or any other violation of the Traffic Rules or of any other law. Other damages which are not included in the liability reduction are the ones caused on purposed by the Customer, or for negligence, as well as the ones to the inside of the vehicle, the damages caused by failure to evaluate the height of the vehicle, or of any other object protruding or overlying the roof, the damages to the clutch kit, caused by overrevving of the engine, damages or missing tires and/or wheelcaps, as well as all the damages caused by the non-observance of the laws regarding Vehicle Circulation and Conditions of Use, as referred to in Article 6 in the part relating to the Customer's charges.
In case of damage, the Customer will have to pay the imports as explained below.
Damages found on the return of the Vehicle, in presence of the Customer
If, at the moment of drop-off, during the inspection of the vehicle done by one of the operators of the Company together with the Customer, any damage is found, which presence is aknowledge by the Customer by subscribing the Check-in Report, the Company will provide immediately a quote of repair costs that will be charged to the Customer. To shorten the time needed to esteem a damage, and to limit or avoid the urge for a technical stop of the vehicle, the evaluation of the damage repair cost will be carried out following fixed rates based on the damage assessment grid, which was realized by a company operating in the sector, taking into account the discounted prices and the favorable conditions applied by the manufacturers to the Company.
It can happen sometimes, expecially for light or small damages (labeled as “slight” or “medium”), the vehicle could eventually not be repaired straight away. In those cases, the evaluation of the damage will not include the costs for the technical stop of the vehicle. If it is possible to evaluate the cost of damage repair directly at the agency, this will be charged on the credit card of the Customer (or will be payed trough any other method used for the rental) on the moment of the return of the vehicle, at the end of the rental.
If the Customer refuse to aknowledge the presence of the damage or the relative repair cost not subscribing the Check-In report, the Company will take note of the situation,
and will apply the customer dispute procedure.
The following procedure applies when:
- The damage type is not available in the damage assessment grid;
- The damage affects mechanical parts, or hidden parts;
- The damage repair cost evaluated trough the rental checklist by the Company is contested by the Customer;
- The damage is found and evaluated by Company operators while the Customer is not there (f.e. Vehicle returned outside of office opening time, or hidden damages);
In these cases, the Company will appoint a third party (technical assessment) that will evaluate the amount of the damage, taking into consideration the discounted prices
applied to him by the manufacturers, that is, by his repairers.
The Company will then communicate the quote for the damage repair later on, providing the following documents:
- Check-in Report, together with pictures of the damages;
- Techinal Assessmen report, that will eventually include the costs for the technical stop of the vehicle (if needed);
-The quote for the Administration fee (€ 250,00 VAT EXCLUDED)
The Customer has the right to contest the damages and the reparation costs whithin 5 days from this communication sending (trough e-mail or registered letter).
If no contestation will be received within those 5 days, the Company reserves the right to charge the costs for damages repair as well as the quote for the administration fee,
directly on the credit card provided by the Customer (or to withold the import, depending on the payment method used for the rental).
10.LIABILITY REDUCTION PURCHASABLE BY THE CUSTOMER
The Customer can buy some packages which offer the possibility to reduce their economic responsability in case of damage or theft of the vehicle, by paying a daily cost, showed in the rental agreement, which is different according to each vehicle category, and to the rental duration.
The insurances offered by the Company are:
MINI KASKO : Reduction of Excess in case of damage and/or theft up to:
500.00€ (SMALL CARS)
600.00€ (MEDIUM CARS)
1000.00€ (BIG CARS)
If the Customer has bought this product, he will be responsible only for the import showed above.
SUPER KASKO : Cancel the Excess in case of damage and/or theft. In this case, the Company will be responsible for any cost for damages or theft, and the Customer won't have
to pay for anything.
If the Customer violates any of the Rental Agreement terms and conditions, he will automatically lose any benefit gained by buying any insurance cover offered by the
Company, and he will have to pay the full price of any damaged part repair and/or substitution evaluated cost.
Anyway, in case of negligent use of the vehicle by the Customer, or fail to comply with the terms and conditions of the rental agreement, the Company has the right to charge to the Customer the cost of any found damage, without applying the benefits of the insurance package bought with the rental.
Futhermore, any damage on the following parts is not covered by the insurance cover, even by the SUPER KASKO:
Underbody of the vehicle; Tires; Roof; Seats and Inside of the vehicle; Glasses; Internal and External mirrors; Mechanical parts;
11.CLAIMS DURING RENTALS TROUGHT INTERMEDIARIES
In case of car rentals bond to bookings made trough an intermediary (Tour Operators, Travel Agencies, Brokers, etc.), the responsibility of the Company can be invoked by the Customer only referring to terms, conditions and obbligations which are included in the voucher/ticket, because the Company is unrelated to any additional obbligation taken by the intermediaries at the moment of the booking, referring to which the Customer can complain about only in the regards of the intermediary.
The Customer that prepaid the rental trough any intermediary (broker) is anyway obliged to pay to thge Company any every cost due, in case if partial or total non-collectibility of the booking voucher issued by the intermediary.
12.USE OF SATELLITE DEVICES
In order to protect the Company from theft or fraud risks, some satellite devices can be installed on the vehicles, in order to detect the location and the speed of the vehicle, or driving behaviour, trough position tracking. The Company reserves the right to communicate, if necessary, these informations to Authorities, insurance companies, law offices, and companies specialized in prevention and management of thefts and accidents, and to make use of these information to protect itself.
The Company, in order to protect Customer's privacy, commits to inform him of the presence and use of these devices.
Violating any of the the provisions of Articles, 2, 4, 5, 6, 7, 8, 9 and 10 legitimize the Company to end the rental agreement, pursuant to art. 1456 c.c, and to get reimbursed for any further damages.
14.APPLICABILE LAW AND EXCLUSIVE COURT
The Rental agreement is ruled by Italian laws and rights, for any claim related to it, will be applied only Italian laws and right, in any Court or in front of any Authority. For any claim resulted from the following contract, the parts agree on the competence of Palermo Court. This disposition won't by applied for those Customer which are entitles as “consumers”, pursuant to art.3 (co.1, lett.a), of D.Lgs 06/09/2005 n.206 (c.d. Consumer Code); in which case, the competent Court would be the same of the residence location of the Customer
In case of doubts or differences of interpretation about these terms and conditions, the Italian version will prevail on the English one, because the first one express the exact will of the parts. The English version, available and consultable at Customer request, is just a mere literal translation.
If any of the terms and condition is considered as invalid or inefficient, whole or in some of its parts, the same will be disapplied, and the rental agreement will remain valid for any other condition.
17.RESIDENCE ADDRESS AND COMMUNICATIONS
The Customer, following all legal terms, for the purpose of the performance of the rental relationship, delcares to elect its domicile at the address communicated to the Company while subscribing the rental agreement, in which it will be showed, and eventually filling and subscribing also the residence declaration form. Unless otherwisespecified, some communication between the parties related to rental agreement will take place at the email address provided by the Customer.