Common use of DELIVERY AND RETURN OF THE VEHICLE Clause in Contracts

DELIVERY AND RETURN OF THE VEHICLE. 3.1. The contractual relationship begins on the date and at the hour of the vehicle’s delivery to the Customer and concludes on the date and at the hour of the vehicle’s return to the Lessor. 3.2. The Customer declares, before overtaking the custody of the vehicle, to have examined the vehicle recognizing that it is in perfect conditions of usage and maintenance (apart from regular wear), that the equipment and all mechanical and electronic systems are efficient, that the vehicle is equipped with all safety equipment and registration and insurance documents. Before using the vehicle, the Customer is obliged to promptly advise the Lessor of any vehicle anomalies and damages which were not detected by the Lessor at the time of delivery to the Customer and to make them report in writing through an explicit indication in the "Damage Discrepancy Form", that is integral part of the present contract. To this purpose, the Customer is invited by the personnel responsible for the check- out to thoroughly and attentively control the vehicle and to indicate the presence of any further damage considering the already listed damage in the check-out form, i.e. the major extent of the damage already present, in order to report such damage in the specific Damage Discrepancy Form. The customer is invited to take pictures and/or to film the vehicle before taking it into custody and, thus, is authorized to keep such video or photographic evidence until the end of the rental contract without any objections regarding the damage eventually discovered at the moment of the vehicle’s check- in. Any extra damages at return will be charged to the Customer. All damages, vices and anomalies that are not disclosed upon the delivery of the vehicle but are verified upon the return, will be stated in the section named "Check In". At the conclusion of the contract and in particular at the return of the vehicle, the Customer is obliged to wait for the Lessor’s staff to perform a final check of the final use and maintenance conditions of the vehicle, that could last for a maximum of 60 minutes. Whenever, at the moment of the return of the vehicle, any disagreement about the presence of vices, anomalies and damages should arise, the latter will not be charged to the Customer only if they are included in the "Check Out" and “Damage Discrepancy Form” of the present contract. The costs necessary to repair vices, anomalies and damages verified at the moment of the return of the vehicle will be communicated to the Customer within 90 days from the moment of the return of the vehicle, by e-mail to the customer’s e-mail address. E-mail address provided to the Lessor at the moment of the delivery of the vehicle. The Customer is responsible to communicate correctly his own contact data and identification data. In case if no objections should be expressed by the Customer, i.e. the objections raised should be not circumstantial, i.e. not substantiated by documentary or actual evidence, the Lessor will proceed with the charge to the credit card for which the Customer has previously given his authorization with undersigning the present contract. The Customer can always apply for the dispute procedure regarding the charges made to his/her own credit card, in accordance with the contract concluded by the last for the credit card emission, in case the Customer considers such charge as illicit, that is executed inconsistently with the present general terms of the rental contract or not complying with the law in force, considering that an unjustified dispute determines the contractual responsibility of the Customer towards the Lessor. The same procedure and the same admonition are applied to all the cases in which the Lessor should proceed with the charges at the expense of the Customer stipulated in the present general contract terms. The expenses to estimate the entity of damages, vices and anomalies will have a fixed cost of Euro 50,00 that will be added to the repair costs and the technical stop (standstill). Further details about repair costs are available at art.5 of the present contract. 3.3. The Vehicle can be driven by the Customer or, if such was explicitly indicated in the present contract, by the "Second Driver", only if both are minimum 18 years old and maximum 75 years old and are in possession of a valid driving license (released at least 12 months before the date of the present contract). The following additional fees can be applied: Euro 50,00 for drivers under 24 years and Euro 30,00 for drivers over 75 years. Driving licenses in non-Latin characters (Arab, Chinese, Japanese, Cyrillic etc.) must be accompanied by an international driving license. Furthermore, it is hereby specified that Autovia reserves the right of not supplying the vehicle in case it considers that the documents provided by the Customer are insufficient and/or untrue and/or anyhow modified/forged. It is forbidden for any person, other than authorized by Autovia, to drive the vehicle. The Customer is obliged upon receiving the vehicle to observe the normal care (ex art. 1587 and art. 1176 c.c.), failing which the Customer bears total legal responsibility. In any case, the vehicle could not be used for: a) the illegal transport of goods (smuggling, narcotics, dangerous goods, etc.; b) the transport of passengers for money; c) illicit purposes and any kind of speed competition; d) travel abroad except the cases previously authorized by Autovia; e) sub rental purposes and / or careless outsourcing for any reason; f) driving under the influence of alcohol and/or drugs, unconscious, in abnormal physical conditions and/or against the Road Code. 3.4. The vehicle is delivered to the Customer as per check out and must be returned in the same condition in which it was delivered (apart from regular wear), to the offices of Autovia, in the reserved stalls, within the day and time indicated in the present rental contract. Whenever Autovia should call back the Vehicle back, prior to the expiry date of the present contract, due to its own administrative or business necessities, the driver is obliged to return the vehicle to the delivery station or to any closest Autovia location, within and not beyond 72 hours from the request, otherwise a penalty to compensate any damages caused by failing to return the vehicle in the foreseen time. Referring to normal return of the vehicle, this is to be done on the day and at the time specified in the present Contract. The Vehicle must be returned during the station’s working days and opening hours indicated on the front page of the Contract. Upon return, the Customer is obliged to request for Lessor’s employees to undersign the “Check In” form where the actual state of the Vehicle and fuel level should be reported. If the above-mentioned signature is missing or if the return of the vehicle occurs when the station is closed for the public (out of opening hours), the Lessor’s declarations regarding the actual state of the vehicle will be valid and tacitly accepted. In case the car presents damages/defects/anomalies at the moment of the return, Autovia will properly inform about it the Customer sending pictures and a relative estimate executed by a certified independent entity via e-mail. In case the Customer does not answer within 3 days to the above-mentioned e- mail, Autovia reserves the right to proceed charging the Customers the compensation penalties (damage estimate, accident administrative management fee, Vehicle’s standstill, cost of production of damage estimate, depreciation of the Vehicle) to the Customers credit card as stipulated by the art. 3.

Appears in 2 contracts

Samples: Leasing Contract, Leasing Contract

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DELIVERY AND RETURN OF THE VEHICLE. 3.1. The contractual relationship begins on the date and at the hour of the vehicle’s delivery to the Customer and concludes on the date and at the hour of the vehicle’s return to the Lessor. 3.2. The Customer declares, before overtaking the custody of the vehicle, to have examined the vehicle recognizing that it is in perfect conditions of usage and maintenance (apart from regular wear), that the equipment and all mechanical and electronic systems are efficient, that the vehicle is equipped with all safety equipment and registration and insurance documents. Before using the vehicle, the Customer is obliged to promptly advise the Lessor of any vehicle anomalies and damages which were not detected by the Lessor at the time of delivery to the Customer and to make them report in writing through an explicit indication in the "Damage Discrepancy FormExisting Damage", that is integral part of the present contract. To this purpose, the Customer is invited by the personnel responsible for the check- out check−out to thoroughly and attentively control the vehicle and to indicate the presence of any further damage considering the already listed damage in the check-out check−out form, i.e. the major extent of the damage already present, in order to report such damage in the specific Damage Discrepancy “Extra Damages Form. The customer Customer is invited to take pictures picture s and/or to film make videos on the pick up before taking over the vehicle before taking it into custody andand eventually to upload the evidence to the file relative to the rental contract and accessible through the smartphone app, thus, and to check the car locks actually inserting the key to make sure that these do not result damaged. The Customer is authorized to keep such photographic and/or video or photographic evidence until evidence, whereas any eventual damage discovered upon the end return of the vehicle cannot be disputed and is considered as new and deriving from the rental contract without any objections regarding the damage eventually discovered at the moment of the vehicle’s check- inin question. Any extra damages at return will be charged to the Customer. All damages, vices and anomalies that are not disclosed upon the delivery of the vehicle but are verified upon the return, will be stated in the section named "Check In". At the conclusion of the contract and in particular at the return of the vehicle, the Customer is obliged to wait for the Lessor’s staff to perform a final check of the final use and maintenance conditions of the vehicle, that could last for a maximum of 60 minutes. Whenever, at the moment of the return of the vehicle, any disagreement about the presence of vices, anomalies and damages should arise, the latter will not be charged to the Customer only if they are included in the "Check OutExisting Damages" and “Damage Discrepancy Extra Damages Form” of the present contract. The costs necessary to repair vices, anomalies and damages verified at the moment of the return of the vehicle will be communicated to the Customer within 90 days from the moment of the return of the vehicle, by e-mail e−mail to the customer’s e-mail e−mail address. E-mail E−mail address provided to the Lessor at the moment of the delivery of the vehicle. The Customer is responsible to communicate correctly his own contact data and identification data. In case if no objections should be expressed by the Customer, i.e. the objections raised should be not circumstantial, i.e. not substantiated by documentary or actual evidence, the Lessor will proceed with the charge to the credit card for which the Customer has previously given his authorization with undersigning the present contract. The Customer can always apply for the dispute procedure regarding the charges made to his/her own credit card, in accordance with the contract concluded by the last for the credit card emission, in case the Customer considers such charge as illicit, that is executed inconsistently with the present general terms of the rental contract or not complying with the law in force, considering that an unjustified dispute determines the contractual responsibility of the Customer towards the Lessor. The same procedure and the same admonition are applied to all the cases in which the Lessor should proceed with the charges at the expense of the Customer stipulated in the present general contract terms. The expenses to estimate the entity of damages, vices and anomalies will have a fixed cost of Euro 50,00 61,00 vat included that will be added to the repair costs and the technical stop (standstill). Further details about repair costs are available at art.5 art.6 of the present contract. 3.3. The Vehicle can be driven by the Customer or, if such was explicitly explicit- ly indicated in the present contract, by the "Second Driver", only if both are minimum 18 years old and maximum 75 years old and are in possession of a valid driving license (released at least 12 months before the date of the present contract). The following additional fees can be applied: Euro 50,00 61,00 vat included for drivers under 24 years and Euro 30,00 for drivers over 75 years. Driving licenses in non-Latin non−Latin characters (Arab, Chinese, Japanese, Cyrillic etc.) must be accompanied by an international driving license. Furthermore, it is hereby specified that Autovia reserves the right of not supplying the vehicle in case it considers that the documents provided by the Customer are insufficient and/or untrue and/or anyhow modified/forged. It is forbidden for any person, other than authorized by Autovia, to drive the vehicle. The Customer is obliged upon receiving the vehicle to observe the normal care (ex art. 1587 and art. 1176 c.c.), failing which the Customer bears total legal responsibilityresponsi- bility. In any case, the vehicle could not be used for: a) the illegal transport of goods (smuggling, narcotics, dangerous goods, etc.; b) the transport of passengers for money; c) illicit purposes and any kind of speed competition; d) travel abroad except the cases previously authorized by Autovia; e) sub rental purposes and / or careless outsourcing for any reason; f) driving under the influence of alcohol and/or drugs, unconscious, in abnormal physical conditions and/or against the Road Code. 3.4. The vehicle is delivered to the Customer as per check out and must be returned in the same condition in which it was delivered (apart from regular wear), to the offices of Autovia, in the reserved stalls, within the day and time indicated in the present rental contract. Whenever Autovia should call back the Vehicle back, prior to the expiry date of the present contract, due to its own administrative or business necessities, the driver is obliged to return the vehicle to the delivery station or to any closest Autovia location, within and not beyond 72 hours from the request, otherwise a penalty to compensate any damages caused by failing to return the vehicle in the foreseen time. Referring to normal return of the vehicle, this is to be done on the day and at the time specified in the present Contract. The Vehicle must be returned during the station’s working days and opening hours indicated on the front page of the Contract. Upon return, the Customer is obliged to request for Lessor’s employees to undersign the “Check In” form where the actual state of the Vehicle and fuel level should be reported. If the above-mentioned signature is missing or if the return of the vehicle occurs when the station is closed for the public (out of opening hours), the Lessor’s declarations regarding the actual state of the vehicle will be valid and tacitly accepted. In case the car presents damages/defects/anomalies at the moment of the return, Autovia will properly inform about it the Customer sending pictures and a relative estimate executed by a certified independent entity via e-mail. In case the Customer does not answer within 3 days to the above-mentioned e- mail, Autovia reserves the right to proceed charging the Customers the compensation penalties (damage estimate, accident administrative management fee, Vehicle’s standstill, cost of production of damage estimate, depreciation of the Vehicle) to the Customers credit card as stipulated by the art. 3.

Appears in 1 contract

Samples: Leasing Contract

DELIVERY AND RETURN OF THE VEHICLE. 3.1. The contractual relationship begins on the date and at the hour of the vehicle’s delivery to the Customer and concludes on the date and at the hour of the vehicle’s return to the Lessor. 3.2. The Customer declares, before overtaking the custody of the vehicle, to have examined the vehicle recognizing that it is in perfect conditions of usage and maintenance (apart from regular wear), that the equipment and all mechanical and electronic systems are efficient, that the vehicle is equipped with all safety equipment and registration and insurance documents. Before using the vehicle, the Customer is obliged to promptly advise the Lessor of any vehicle anomalies and damages which were not detected by the Lessor at the time of delivery to the Customer and to make them report in writing through an explicit indication in the "Damage Discrepancy FormExisting Damage", that is integral part of the present contract. To this purpose, the Customer is invited by the personnel responsible for the check- check-out to thoroughly and attentively control the vehicle and to indicate the presence of any further damage considering the already listed damage in the check-out form, i.e. the major extent of the damage already present, in order to report such damage in the specific Damage Discrepancy “Extra Damages Form. The customer Customer is invited to take pictures and/or to film make videos on the pick up before taking over the vehicle before taking it into custody andand eventually to upload the evidence to the file relative to the rental contract and accessible through the smartphone app, thus, and to check the car locks actually inserting the key to make sure that these do not result damaged. The Customer is authorized to keep such photographic and/or video or photographic evidence until evidence, whereas any eventual damage discovered upon the end return of the vehicle cannot be disputed and is considered as new and deriving from the rental contract without any objections regarding the damage eventually discovered at the moment of the vehicle’s check- inin question. Any extra damages at return will be charged to the Customer. All damages, vices and anomalies that are not disclosed upon the delivery of the vehicle but are verified upon the return, will be stated in the section named "Check In". At the conclusion of the contract and in particular at the return of the vehicle, the Customer is obliged to wait for the Lessor’s staff to perform a final check of the final use and maintenance conditions of the vehicle, that could last for a maximum of 60 minutes. Whenever, at the moment of the return of the vehicle, any disagreement about the presence of vices, anomalies and damages should arise, the latter will not be charged to the Customer only if they are included in the "Check OutExisting Damages" and “Damage Discrepancy Extra Damages Form” of the present contract. The costs necessary to repair vices, anomalies and damages verified at the moment of the return of the vehicle will be communicated to the Customer within 90 days from the moment of the return of the vehicle, by e-mail to the customer’s e-mail address. E-mail address provided to the Lessor at the moment of the delivery of the vehicle. The Customer is responsible to communicate correctly his own contact data and identification data. In case if no objections should be expressed by the Customer, i.e. the objections raised should be not circumstantial, i.e. not substantiated by documentary or actual evidence, the Lessor will proceed with the charge to the credit card for which the Customer has previously given his authorization with undersigning the present contract. The Customer can always apply for the dispute procedure regarding the charges made to his/her own credit card, in accordance with the contract concluded by the last for the credit card emission, in case the Customer considers such charge as illicit, that is executed inconsistently with the present general terms of the rental contract or not complying with the law in force, considering that an unjustified dispute determines the contractual responsibility of the Customer towards the Lessor. The same procedure and the same admonition are applied to all the cases in which the Lessor should proceed with the charges at the expense of the Customer stipulated in the present general contract terms. The expenses to estimate the entity of damages, vices and anomalies will have a fixed cost of Euro 50,00 61,00 vat included that will be added to the repair costs and the technical stop (standstill). Further details about repair costs are available at art.5 art.6 of the present contract. 3.3. The Vehicle can be driven by the Customer or, if such was explicitly indicated in the present contract, by the "Second Driver", only if both are minimum 18 years old and maximum 75 years old and are in possession of a valid driving license (released at least 12 months before the date of the present contract). The following additional fees can be applied: Euro 50,00 61,00 vat included for drivers under 24 years and Euro 30,00 for drivers over 75 years. Driving licenses in non-Latin characters (Arab, Chinese, Japanese, Cyrillic etc.) must be accompanied by an international driving license. Furthermore, it is hereby specified that Autovia reserves the right of not supplying the vehicle in case it considers that the documents provided by the Customer are insufficient and/or untrue and/or anyhow modified/forged. It is forbidden for any person, other than authorized by Autovia, to drive the vehicle. The Customer is obliged upon receiving the vehicle to observe the normal care (ex art. 1587 and art. 1176 c.c.), failing which the Customer bears total legal responsibility. In any case, the vehicle could not be used for: a) the illegal transport of goods (smuggling, narcotics, dangerous goods, etc.; ; b) the transport of passengers for money; c) illicit purposes and any kind of speed competition; dc) travel abroad except the cases previously authorized by Autovia; ed) sub rental purposes and / or careless outsourcing for any reason; fe) driving under the influence of alcohol and/or drugs, unconscious, in abnormal physical conditions and/or against the Road Code. 3.4. The vehicle is delivered to the Customer as per check out and must be returned in the same condition in which it was delivered (apart from regular wear), to the offices of Autovia, in the reserved stalls, within the day and time indicated in the present rental contract. Whenever Autovia should call back the Vehicle back, prior to the expiry date of the present contract, due to its own administrative or business necessities, the driver is obliged to return the vehicle to the delivery station or to any closest Autovia location, within and not beyond 72 hours from the request, otherwise a penalty to compensate any damages caused by failing to return the vehicle in the foreseen time. Referring to normal return of the vehicle, this is to be done on the day and at the time specified in the present Contract. The Vehicle must be returned during the station’s working days and opening hours indicated on the front page of the Contract. Upon return, the Customer is obliged to request for Lessor’s employees to undersign the “Check In” form where the actual state of the Vehicle and fuel level should be reported. If the above-mentioned signature is missing or if the return of the vehicle occurs when the station is closed for the public (out of opening hours), the Lessor’s declarations regarding the actual state of the vehicle will be valid and tacitly accepted. In case the car presents damages/defects/anomalies at the moment of the return, Autovia will properly inform about it the Customer sending pictures and a relative estimate executed by a certified independent entity via e-mail. In case the Customer does not answer within 3 days to the above-mentioned e- e-mail, Autovia reserves the right to proceed charging the Customers the compensation penalties (damage estimate, accident administrative management fee, Vehicle’s standstill, cost of production of damage estimate, depreciation of the Vehicle) to the Customers credit card as stipulated by the art. 3.

Appears in 1 contract

Samples: Leasing Contract

DELIVERY AND RETURN OF THE VEHICLE. 3.1. The contractual relationship begins on the date and at the hour of the vehicle’s delivery to the Customer and concludes on the date and at the hour of the vehicle’s return to the Lessor. 3.2. The Customer declares, before overtaking the custody of the vehicle, to have examined the vehicle recognizing that it is in perfect conditions of usage and maintenance (apart from regular wear), that the equipment and all mechanical and electronic systems are efficient, that the vehicle is equipped with all safety equipment and registration and insurance documents. Before using the vehicle, the Customer is obliged to promptly advise the Lessor of any vehicle anomalies and damages which were not detected by the Lessor at the time of delivery to the Customer and to make them report in writing through an explicit indication in the "Damage Discrepancy Form", that is integral part of the present contract. To this purpose, the Customer is invited by the personnel responsible for the check- out to thoroughly and attentively control the vehicle and to indicate the presence of any further damage considering the already listed damage in the check-out form, i.e. the major extent of the damage already present, in order to report such damage in the specific Damage Discrepancy Form. The customer is invited to take pictures and/or to film make videos on the pick up before taking over the vehicle before taking it into custody andand eventually to upload the evidence to the file relative to the rental contract and accessible through the smartphone app, thus, and to check the car locks actually inserting the key to make sure that these do not result damaged. The Customer is authorized to keep such photographic and/or video or photographic evidence until evidence, whereas any eventual damage discovered upon the end return of the vehicle cannot be disputed and is considered as new and deriving from the rental contract without any objections regarding the damage eventually discovered at the moment of the vehicle’s check- inin question. Any extra damages at return will be charged to the Customer. All damages, vices and anomalies that are not disclosed upon the delivery of the vehicle but are verified upon the return, will be stated in the section named "Check In". At the conclusion of the contract and in particular at the return of the vehicle, the Customer is obliged to wait for the Lessor’s staff to perform a final check of the final use and maintenance conditions of the vehicle, that could last for a maximum of 60 minutes. Whenever, at the moment of the return of the vehicle, any disagreement about the presence of vices, anomalies and damages should arise, the latter will not be charged to the Customer only if they are included in the "Check Out" and “Damage Discrepancy Form” of the present contract. The costs necessary to repair vices, anomalies and damages verified at the moment of the return of the vehicle will be communicated to the Customer within 90 days from the moment of the return of the vehicle, by e-mail to the customer’s e-mail address. E-mail address provided to the Lessor at the moment of the delivery of the vehicle. The Customer is responsible to communicate correctly his own contact data and identification data. In case if no objections should be expressed by the Customer, i.e. the objections raised should be not circumstantial, i.e. not substantiated by documentary or actual evidence, the Lessor will proceed with the charge to the credit card for which the Customer has previously given his authorization with undersigning the present contract. The Customer can always apply for the dispute procedure regarding the charges made to his/her own credit card, in accordance with the contract concluded by the last for the credit card emission, in case the Customer considers such charge as illicit, that is executed inconsistently with the present general terms of the rental contract or not complying with the law in force, considering that an unjustified dispute determines the contractual responsibility of the Customer towards the Lessor. The same procedure and the same admonition are applied to all the cases in which the Lessor should proceed with the charges at the expense of the Customer stipulated in the present general contract terms. The expenses to estimate the entity of damages, vices and anomalies will have a fixed cost of Euro 50,00 that will be added to the repair costs and the technical stop (standstill). Further details about repair costs are available at art.5 of the present contract. 3.3. The Vehicle can be driven by the Customer or, if such was explicitly indicated in the present contract, by the "Second Driver", only if both are minimum 18 years old and maximum 75 years old and are in possession of a valid driving license (released at least 12 months before the date of the present contract). The following additional fees can be applied: Euro 50,00 for drivers under 24 years and Euro 30,00 for drivers over 75 years. Driving licenses in non-Latin characters (Arab, Chinese, Japanese, Cyrillic etc.) must be accompanied by an international driving license. Furthermore, it is hereby specified that Autovia reserves the right of not supplying the vehicle in case it considers that the documents provided by the Customer are insufficient and/or untrue and/or anyhow modified/forged. It is forbidden for any person, other than authorized by Autovia, to drive the vehicle. The Customer is obliged upon receiving the vehicle to observe the normal care (ex art. 1587 and art. 1176 c.c.), failing which the Customer bears total legal responsibility. In any case, the vehicle could not be used for: a) the illegal transport of goods (smuggling, narcotics, dangerous goods, etc.; ; b) the transport of passengers for money; c) illicit purposes and any kind of speed competition; dc) travel abroad except the cases previously authorized by Autovia; ed) sub rental purposes and / or careless outsourcing for any reason; fe) driving under the influence of alcohol and/or drugs, unconscious, in abnormal physical conditions and/or against the Road Code. 3.4. The vehicle is delivered to the Customer as per check out and must be returned in the same condition in which it was delivered (apart from regular wear), to the offices of Autovia, in the reserved stalls, within the day and time indicated in the present rental contract. Whenever Autovia should call back the Vehicle back, prior to the expiry date of the present contract, due to its own administrative or business necessities, the driver is obliged to return the vehicle to the delivery station or to any closest Autovia location, within and not beyond 72 hours from the request, otherwise a penalty to compensate any damages caused by failing to return the vehicle in the foreseen time. Referring to normal return of the vehicle, this is to be done on the day and at the time specified in the present Contract. The Vehicle must be returned during the station’s working days and opening hours indicated on the front page of the Contract. Upon return, the Customer is obliged to request for Lessor’s employees to undersign the “Check In” form where the actual state of the Vehicle and fuel level should be reported. If the above-mentioned signature is missing or if the return of the vehicle occurs when the station is closed for the public (out of opening hours), the Lessor’s declarations regarding the actual state of the vehicle will be valid and tacitly accepted. In case the car presents damages/defects/anomalies at the moment of the return, Autovia will properly inform about it the Customer sending pictures and a relative estimate executed by a certified independent entity via e-mail. In case the Customer does not answer within 3 days to the above-mentioned e- e-mail, Autovia reserves the right to proceed charging the Customers the compensation penalties (damage estimate, accident administrative management fee, Vehicle’s standstill, cost of production of damage estimate, depreciation of the Vehicle) to the Customers credit card as stipulated by the art. 3.

Appears in 1 contract

Samples: Leasing Contract

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DELIVERY AND RETURN OF THE VEHICLE. 3.1. The contractual relationship begins on the date and at the hour of the vehicle’s delivery to the Customer and concludes on the date and at the hour of the vehicle’s return to the Lessor. 3.2. The Customer declares, before overtaking the custody of the vehicle, to have examined the vehicle recognizing that it is in perfect conditions of usage and maintenance (apart from regular wear), that the equipment and all mechanical and electronic systems are efficient, that the vehicle is equipped with all safety equipment and registration and insurance documents. Before using the vehicle, the Customer is obliged to promptly advise the Lessor of any vehicle anomalies and damages which were not detected by the Lessor at the time of delivery to the Customer and to make them report in writing through an explicit indication in the "Damage Discrepancy FormExisting Damage", that is integral part of the present contract. To this purpose, the Customer is invited by the personnel responsible for the check- check-out to thoroughly and attentively control the vehicle and to indicate the presence of any further damage considering the already listed damage in the check-out form, i.e. the major extent of the damage already present, in order to report such damage in the specific Damage Discrepancy “Extra Damages Form. The customer Customer is invited to take pictures and/or to film make videos on the pick up before taking over the vehicle before taking it into custody andand eventually to upload the evidence to the file relative to the rental contract and accessible through the smartphone app, thus, and to check the car locks actually inserting the key to make sure that these do not result damaged. The Customer is authorized to keep such photographic and/or video or photographic evidence until evidence, whereas any eventual damage discovered upon the end return of the vehicle cannot be disputed and is considered as new and deriving from the rental contract without any objections regarding the damage eventually discovered at the moment of the vehicle’s check- inin question. Any extra damages at return will be charged to the Customer. All damages, vices and anomalies that are not disclosed upon the delivery of the vehicle but are verified upon the return, will be stated in the section named "Check In". At the conclusion of the contract and in particular at the return of the vehicle, the Customer is obliged to wait for the Lessor’s staff to perform a final check of the final use and maintenance conditions of the vehicle, that could last for a maximum of 60 minutes. Whenever, at the moment of the return of the vehicle, any disagreement about the presence of vices, anomalies and damages should arise, the latter will not be charged to the Customer only if they are included in the "Check OutExisting Damages" and “Damage Discrepancy Extra Damages Form” of the present contract. The costs necessary to repair vices, anomalies and damages verified at the moment of the return of the vehicle will be communicated to the Customer within 90 days from the moment of the return of the vehicle, by e-mail to the customer’s e-mail address. E-mail address provided to the Lessor at the moment of the delivery of the vehicle. The Customer is responsible to communicate correctly his own contact data and identification data. In case if no objections should be expressed by the Customer, i.e. the objections raised should be not circumstantial, i.e. not substantiated by documentary or actual evidence, the Lessor will proceed with the charge to the credit card for which the Customer has previously given his authorization with undersigning the present contract. The Customer can always apply for the dispute procedure regarding the charges made to his/her own credit card, in accordance with the contract concluded by the last for the credit card emission, in case the Customer considers such charge as illicit, that is executed inconsistently with the present general terms of the rental contract or not complying with the law in force, considering that an unjustified dispute determines the contractual responsibility of the Customer towards the Lessor. The same procedure and the same admonition are applied to all the cases in which the Lessor should proceed with the charges at the expense of the Customer stipulated in the present general contract terms. The expenses to estimate the entity of damages, vices and anomalies will have a fixed cost of Euro 50,00 61,00 vat included that will be added to the repair costs and the technical stop (standstill). Further details about repair costs are available at art.5 of the present contract. 3.3. The Vehicle can be driven by the Customer or, if such was explicitly indicated in the present contract, by the "Second Driver", only if both are minimum 18 years old and maximum 75 years old and are in possession of a valid driving license (released at least 12 months before the date of the present contract). The following additional fees can be applied: Euro 50,00 61,00 vat included for drivers under 24 years and Euro 30,00 for drivers over 75 years. Driving licenses in non-Latin characters (Arab, Chinese, Japanese, Cyrillic etc.) must be accompanied by an international driving license. Furthermore, it is hereby specified that Autovia reserves the right of not supplying the vehicle in case it considers that the documents provided by the Customer are insufficient and/or untrue and/or anyhow modified/forged. It is forbidden for any person, other than authorized by Autovia, to drive the vehicle. The Customer is obliged upon receiving the vehicle to observe the normal care (ex art. 1587 and art. 1176 c.c.), failing which the Customer bears total legal responsibility. In any case, the vehicle could not be used for: a) the illegal transport of goods (smuggling, narcotics, dangerous goods, etc.; ; b) the transport of passengers for money; c) illicit purposes and any kind of speed competition; dc) travel abroad except the cases previously authorized by Autovia; ed) sub rental purposes and / or careless outsourcing for any reason; fe) driving under the influence of alcohol and/or drugs, unconscious, in abnormal physical conditions and/or against the Road Code. 3.4. The vehicle is delivered to the Customer as per check out and must be returned in the same condition in which it was delivered (apart from regular wear), to the offices of Autovia, in the reserved stalls, within the day and time indicated in the present rental contract. Whenever Autovia should call back the Vehicle back, prior to the expiry date of the present contract, due to its own administrative or business necessities, the driver is obliged to return the vehicle to the delivery station or to any closest Autovia location, within and not beyond 72 hours from the request, otherwise a penalty to compensate any damages caused by failing to return the vehicle in the foreseen time. Referring to normal return of the vehicle, this is to be done on the day and at the time specified in the present Contract. The Vehicle must be returned during the station’s working days and opening hours indicated on the front page of the Contract. Upon return, the Customer is obliged to request for Lessor’s employees to undersign the “Check In” form where the actual state of the Vehicle and fuel level should be reported. If the above-mentioned signature is missing or if the return of the vehicle occurs when the station is closed for the public (out of opening hours), the Lessor’s declarations regarding the actual state of the vehicle will be valid and tacitly accepted. In case the car presents damages/defects/anomalies at the moment of the return, Autovia will properly inform about it the Customer sending pictures and a relative estimate executed by a certified independent entity via e-mail. In case the Customer does not answer within 3 days to the above-mentioned e- e-mail, Autovia reserves the right to proceed charging the Customers the compensation penalties (damage estimate, accident administrative management fee, Vehicle’s standstill, cost of production of damage estimate, depreciation of the Vehicle) to the Customers credit card as stipulated by the art. 3.

Appears in 1 contract

Samples: Leasing Contract

DELIVERY AND RETURN OF THE VEHICLE. 3.1. The contractual relationship begins on the date and at the hour of the vehicle’s delivery to the Customer and concludes on the date and at the hour of the vehicle’s return to the Lessor. 3.2. The Customer declares, before overtaking the custody of the vehicle, to have examined the vehicle recognizing that it is in perfect conditions of usage and maintenance (apart from regular wear), that the equipment and all mechanical and electronic systems are efficient, that the vehicle is equipped with all safety equipment and registration and insurance documents. Before using the vehicle, the Customer is obliged to promptly advise the Lessor of any vehicle anomalies and damages which were not detected by the Lessor at the time of delivery to the Customer and to make them report in writing through an explicit indication in the "Damage Discrepancy Form", that is integral part of the present contract. To this purpose, the Customer is invited by the personnel responsible for the check- out to thoroughly and attentively control the vehicle and to indicate the presence of any further damage considering the already listed damage in the check-out form, i.e. the major extent of the damage already present, in order to report such damage in the specific Damage Discrepancy Form. The customer is invited to take pictures and/or to film make videos on the pick up before taking over the vehicle before taking it into custody andand eventually to upload the evidence to the file relative to the rental contract and accessible through the smartphone app, thus, and to check the car locks actually inserting the key to make sure that these do not result damaged. The Customer is authorized to keep such photographic and/or video or photographic evidence until evidence, whereas any eventual damage discovered upon the end return of the vehicle cannot be disputed and is considered as new and deriving from the rental contract without any objections regarding the damage eventually discovered at the moment of the vehicle’s check- inin question. Any extra damages at return will be charged to the Customer. All damages, vices and anomalies that are not disclosed upon the delivery of the vehicle but are verified upon the return, will be stated in the section named "Check In". At the conclusion of the contract and in particular at the return of the vehicle, the Customer is obliged to wait for the Lessor’s staff to perform a final check of the final use and maintenance conditions of the vehicle, that could last for a maximum of 60 minutes. Whenever, at the moment of the return of the vehicle, any disagreement about the presence of vices, anomalies and damages should arise, the latter will not be charged to the Customer only if they are included in the "Check Out" and “Damage Discrepancy Form” of the present contract. The costs necessary to repair vices, anomalies and damages verified at the moment of the return of the vehicle will be communicated to the Customer within 90 days from the moment of the return of the vehicle, by e-mail to the customer’s e-mail address. E-mail address provided to the Lessor at the moment of the delivery of the vehicle. The Customer is responsible to communicate correctly his own contact data and identification data. In case if no objections should be expressed by the Customer, i.e. the objections raised should be not circumstantial, i.e. not substantiated by documentary or actual evidence, the Lessor will proceed with the charge to the credit card for which the Customer has previously given his authorization with undersigning the present contract. The Customer can always apply for the dispute procedure regarding the charges made to his/her own credit card, in accordance with the contract concluded by the last for the credit card emission, in case the Customer considers such charge as illicit, that is executed inconsistently with the present general terms of the rental contract or not complying with the law in force, considering that an unjustified dispute determines the contractual responsibility of the Customer towards the Lessor. The same procedure and the same admonition are applied to all the cases in which the Lessor should proceed with the charges at the expense of the Customer stipulated in the present general contract terms. The expenses to estimate the entity of damages, vices and anomalies will have a fixed cost of Euro 50,00 that will be added to the repair costs and the technical stop (standstill). Further details about repair costs are available at art.5 of the present contract. 3.3. The Vehicle can be driven by the Customer or, if such was explicitly indicated in the present contract, by the "Second Driver", only if both are minimum 18 years old and maximum 75 years old and are in possession of a valid driving license (released at least 12 months before the date of the present contract). The following additional fees can be applied: Euro 50,00 for drivers under 24 years and Euro 30,00 for drivers over 75 years. Driving licenses in non-Latin characters (Arab, Chinese, Japanese, Cyrillic etc.) must be accompanied by an international driving license. Furthermore, it is hereby specified that Autovia reserves the right of not supplying the vehicle in case it considers that the documents provided by the Customer are insufficient and/or untrue and/or anyhow modified/forged. It is forbidden for any person, other than authorized by Autovia, to drive the vehicle. The Customer is obliged upon receiving the vehicle to observe the normal care (ex art. 1587 and art. 1176 c.c.), failing which the Customer bears total legal responsibility. In any case, the vehicle could not be used for: a) the illegal transport of goods (smuggling, narcotics, dangerous goods, etc.; ; b) the transport of passengers for money; c) illicit purposes and any kind of speed competition; d) travel abroad except the cases previously authorized by Autovia; e) sub rental purposes and / or careless outsourcing for any reason; f) driving under the influence of alcohol and/or drugs, unconscious, in abnormal physical conditions and/or against the Road Code. 3.4. The vehicle is delivered to the Customer as per check out and must be returned in the same condition in which it was delivered (apart from regular wear), to the offices of Autovia, in the reserved stalls, within the day and time indicated in the present rental contract. Whenever Autovia should call back the Vehicle back, prior to the expiry date of the present contract, due to its own administrative or business necessities, the driver is obliged to return the vehicle to the delivery station or to any closest Autovia location, within and not beyond 72 hours from the request, otherwise a penalty to compensate any damages caused by failing to return the vehicle in the foreseen time. Referring to normal return of the vehicle, this is to be done on the day and at the time specified in the present Contract. The Vehicle must be returned during the station’s working days and opening hours indicated on the front page of the Contract. Upon return, the Customer is obliged to request for Lessor’s employees to undersign the “Check In” form where the actual state of the Vehicle and fuel level should be reported. If the above-mentioned signature is missing or if the return of the vehicle occurs when the station is closed for the public (out of opening hours), the Lessor’s declarations regarding the actual state of the vehicle will be valid and tacitly accepted. In case the car presents damages/defects/anomalies at the moment of the return, Autovia will properly inform about it the Customer sending pictures and a relative estimate executed by a certified independent entity via e-mail. In case the Customer does not answer within 3 days to the above-mentioned e- e-mail, Autovia reserves the right to proceed charging the Customers the compensation penalties (damage estimate, accident administrative management fee, Vehicle’s standstill, cost of production of damage estimate, depreciation of the Vehicle) to the Customers credit card as stipulated by the art. 3.

Appears in 1 contract

Samples: Leasing Contract

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