Terms and conditions of sale
Byron SRL (hereinafter referred to as the "Lessor") delivers to the Lessee (hereinafter referred to as the "Client") the motor vehicle specified on the title page of this rental agreement, in good condition.
- 1) VEHICLE STATUS At the time of delivery of the motor vehicle, the Customer has the duty to check the condition of the vehicle in contradistinction with the staff of the rental station, and is required to promptly report any damage and anomalies visible on the outside and inside of the same, and not detected on the form (so-called "Check-out"). By signing the "Check-out" form, the Client acknowledges that he/she has received the vehicle in perfect order and in any case in a condition consistent with what was noted on the form signed by him/her. The vehicle is equipped with a spare wheel, normal tools, triangle, registration certificate, sealed odometer. The Customer is responsible for the loss or loss of the vehicle documents. The vehicle, unless expressly and otherwise specified on the title page, is delivered with a full tank of fuel and must be returned at the end of the rental period with the same amount of fuel. In the event that the Customer returns the vehicle with less fuel than that received upon delivery, he/she must refund the fuel consumed in addition to €25 for the cost of refueling expenses: fuel not consumed will not be refunded. The Client undertakes to return the vehicle in the same condition in which he received it, with the entire equipment, safeguarding the efficiency of the vehicle itself, excluding the normal deterioration due to use (art. 996 civil code).The Lessor reserves the right to check the condition of the rented vehicle at the end of the rental agreement, within the term of 7 (seven) days from the date of the actual return. Within this period, the Lessor if it finds damages or malfunctions attributable to the culpable or willful conduct of the Client will notify the Client in writing and charge him all relevant expenses according to the current rates. In the event that the Client should find damages and/or anomalies on the rented motor vehicle and does not report them by having them described in the space dedicated to " supplementary notes" at the time of delivery, the motor vehicle itself shall be deemed accepted without exception or reservation.
2) USE OF VEHICLE The rented vehicle shall be used by the Client to what is strictly provided for in the vehicle registration certificate and due diligence shall be used (art. 1001 Civil Code). The vehicle may be driven by the Client or other persons indicated by the Client in advance, provided they have a valid driver's license issued at least one year ago. The Customer assumes for himself and any Additional Drivers, the mandatory obligation to be permanently on call 24 hours a day at the telephone numbers specified in this contract. It is acknowledged that driver, fuel, lubricants, battery water are excluded in driverless rental. The consumables, etc. The customer does not have the ownership of the motor vehicle, but the assumption of responsibility for it does. In the event that the client irreversibly loses possession of the rented motor vehicle equipment for any reason whatsoever, he/she shall be obliged to indemnify the Lessor for the value of the vehicle specified in this contract, subject to the deduction of the liquidated sum by the Lessor's insurance. The motor vehicle, in the absence of prior written authorization from the Lessor, may not be granted for use or given in possession or custody to third parties in any capacity, nor may this contract be assigned in whole or in part to third parties. The Client expressly and without reservation authorizes the Lessor, or other person appointed by the same, to remotely monitor the movements of the rented car, in order to protect the Lessor from the commission of crimes to its detriment, by means of satellite systems; the Lessor also reserves the right to communicate the data to Judicial Authorities, Insurance Companies, Law Firms, Companies specializing in the prevention and management of theft and claims, and to use or have the contents used for any action for its own protection. Should the client leave the Italian State without the prior authorization of the Lessor, all safety protocols will be automatically activated at the expense of the Client, which include the immediate collection of the deposit, the blocking of the motor vehicle engine without prior notice, as well as the forced recovery of the same, which will be carried out independently by the nearest competent Authorities without the Lessor being able to intervene. Likewise, the Lessor shall have the right to demand payment of contractual penalties for the Client's default. In the event of unauthorized expatriation, all insurance coverage will automatically lapse and any liability, including damages caused to oneself or third parties, to the rented motor vehicle, or for total or partial loss of the property, will be the sole and total responsibility of the Client.
3) RED ELIVERY The vehicle must be returned by the time of the scheduled return day, except in specific cases to be agreed upon in advance and in writing. In case of delay in returning the vehicle after the specified time, an hourly penalty of 10% of the daily rate will be charged, with a minimum of three hours. If the Client notifies the Lessor that he/she intends to extend the contract, at least 24 hours prior to the expiration of the scheduled return date, this contract will be extended until the actual return date of the vehicle without penalty. In specific cases, a different notice period may be established in advance and in writing between the parties. After 24 hours have passed since the deadline for the return of the vehicle without the Lessor having received any news from the Client, the Lessor shall have the right to sue the Client to the competent Authorities for misappropriation of the rented vehicle. In addition, the Lessor shall have the right, in the event of failure to return the vehicle within the redelivery deadline, to charge, as a preventive and precautionary measure, the total amount of the retained deposit and to activate the motor vehicle's engine lock without prior notice, as well as all security protocols provided for in this contract, including, suitable for the location and forced recovery of the rented motor vehicle at the exclusive expense of the Client. For any deliveries agreed to in the rental agreement to locations other than the Lessor's depot, the Lessor reserves the right to apply a surcharge to the rate as a result of assuming the risk associated with travel away from the business premises. The customer is obligated to return the motor vehicle to the lessor washed (only hand washing is permitted and roller washing or the like is prohibited), clean including the interior and fully refueled, and in any case in the same state in which he received it from the lessor. If at the time of return the motor vehicle is found to be without a full tank of fuel, the Lessor shall have the right to charge the Client the full cost of refueling. In the event that the vehicle is found not to be clean inside and not washed outside, the Lessor will charge the client the sum of €50.00 ( excluding VAT) as a contribution towards the cost of cleaning and washing.
4) THE FT The vehicle is insured against theft. In case of theft the Client shall owe to the Lessor the 10% and min. deductibleto be identified on the basis of the individual specific orders signed between Byron srl and the Client , except in case of fault or malice in the custody of the vehicle. In any case, the Client, from the moment of knowledge of the fact, shall promptly make a report to the competent authorities, and within 24 hours of the report shall undertake to provide a copy of the report to the Lessor, together with all the keys to the motor vehicle received.
5) DAMAGE TO THINGS OR ANIMALS The lessor shall not be held liable for loss or damage to things carried, abandoned or forgotten on the vehicle, either during or after the rental.
6) FINE AND FINES Fines and fines for traffic violations of the vehicle committed during the rental period shall be borne by the lessee. The Lessee agrees to reimburse the Lessor for the amount advanced by the Lessor for the payment of the above breaches, to the exclusion of anything dependent on any late payment. In case of forcible detention of the vehicle, dependent on facts attributable to the Client or the authorized driver, the Lessor shall be awarded a sum corresponding to the minimum daily rental rate, however, not exceeding in the aggregate the commercial value of the vehicle.
7) LIABILITY The Client shall be liable for any damage suffered by the vehicle during the rental, except in the case of unforeseeable circumstances and force majeure. The Client with collision insurance coverage shall owe to the Lessor 10% and min. deductible to be identified on the basis of the individual specific orders signed between Byron srl and the Client, with the additional clarification that with respect to the collision event any damages not covered by the insurance will still be borne by the Client.
8) COMMUN ICATIONS The Client undertakes to make notifications of loss, theft and fire to the Landlord as soon as possible and in any case no later than the first working day after the fact is known, by fax or telegram.
9) REPAIRS Repairs and maintenance of the vehicle, ordinary and extraordinary, shall be carried out by the Lessor. In the event that an urgent need arises during the rental period, it may be provided by the Client, at the expense of the Lessor, with the prior written permission of the Lessor. Any damage done to the vehicle, caused by failure to comply with the regulations set forth in the "use and maintenance" booklet, will be compensated by the Customer to the Company. The Customer agrees not to make any modifications to the rented vehicle. In the event of damage caused to the rented motor vehicle, the Client agrees to indemnify the Lessor for each day that the damaged motor vehicle remains in service either for maintenance due to functional or mechanical damage, or for the procurement of spare parts, as well as for maintenance suitable for restoring the bodywork or interior. In the same way is calculated the amount that will be charged to the Client for any detention of the rented motor vehicle by order or act of the competent Authorities for any liability incurred by the Client or the driver of the rented motor vehicle during the rental period.
10) RESERVATION In the event that the Client gives up the reserved vehicle, communicated to the Lessor with less than 24 hours' notice, he/she shall equally pay an amount corresponding to the minimum rental rate for the reserved days; similar amount shall be due to the Lessor in the event of early return of the vehicle without the above notice. In the event that the Renter fails to deliver the vehicle to the Client as agreed by reservation, without giving notice within the above time limit, the Renter shall pay to the Client the amount of the minimum rental rate for the days reserved, as compensation for damages. If the Customer intends to obtain the delivery of the rented vehicle directly at the premises of the BARI/PALESE AIRPORT, he/she shall manifest said option at the time of signing the order for the car, undertaking to pay for said service the rates shown and understood to be accepted in the form of the chosen vehicle.
11) RATES The vehicle is understood to be rented according to the following rates in effect on the date the contract is signed; any changes, for contracts longer than 7 days, must be communicated to the Client in advance, with the option for the Client to accept or withdraw. The contractor is obligated to pay the agreed rental price in an amount of fee to be paid according to the periodic due dates to be identified on the basis of the individual specific orders signed between Byron srl and the Customer, whether no prepayment is made, or in the event that an adjustment between prepayment and the actual final price is required, or in the event that the contractor rents the vehicle as a driver for third persons or for companies or entities, authorizing as of now the company Byron S.r.l. to demand payment in the form it deems most appropriate. The minimum rental period is 24 HOURS. Payments of the agreed fees are to be settled by the Client on the agreed due dates. Payment of agreed fees is to be made in advance. For the rental of the motor vehicle, the Customer is obliged to deposit an amount that will be worth kept as a security deposit. Said sum is non-interest-bearing and will be returned after 15 days after regular return of the motor vehicle and full payment of the agreed fees. For each delay in payment, late payment interest will be charged to the Customer in the amount of the European Bank's legal rate plus 4 percentage points.
12) SECURITY DEPOSIT At the time of collection of the vehicle, the Lessor may require from the Client a security deposit, to be valid also on account of price,the amount of which depends on the type of vehicle being rented and, in any case, will be identified on the basis of the specific individual orders signed between Byron srl and the Client.
13) TERMINATION OF CONTRACT This contract may be terminated early, pursuant to Art. 1456 Civil Code, by the Lessor, in the event of inappropriate use of the vehicle by the Client, pursuant to this contract, as well as in the event of insolvency, bankruptcy or other insolvency proceedings against the Client. The Customer, in turn, may terminate the contract early, pursuant to Art. 1456 c.c., if the vehicle and equipment specified in this contract are not suitable for use and operation.
14) COURT OF JURISDICTION The parties agree that the court of jurisdiction for any disputes arising from the application of this contract is exclusively that of Bari. Pursuant to articles 1341 et seq. of the Civil Code, the parties declare that they expressly approve all the clauses set forth in this contract.
15) DATA PROCESSING The Customer has been informed that, in accordance with Law 675/96 (hereinafter "Law"), and in accordance with GDPR 2016/679, the data he or she provides may be processed, in compliance with said legislation. The data controller, in accordance with the Law, is Byron s.r.l. This data will be used for the economic purposes of the Company/Business such as: -conclusion and execution of vehicle rental contracts and any related contracts, as well as creation of a customer database for these purposes; -activation of international standards of payment systems (e.g. bank transfers, credit cards, debit cards, etc.); -promotional/advertising activities. Such data may also be used by the Company/Company for the purpose of enabling public authorities to forward any charges against the Customer responsible for violations of the Highway Code or other applicable regulations, for the payment of the relevant fines by the Customer. Finally, the data may be used by Byron s.r.l. pursuant to Art. 24 of the Law, for other activities authorized by express provision of the Law or order of the Data Protection Authority. Data will be processed through appropriate means to ensure the security and confidentiality of the data. The provision of data by the Customer and consent to its processing are free and are necessarily functional to the establishment and performance of this contractual relationship. In any case, the Client, according to Art. 13 of the Law may at any time obtain the updating, rectification or deletion of data concerning him or her.