General Terms & Conditions
– Article 1 – The object of this contract is the grant of use by RPJ Rentals & Tours S.r.l. of a vehicle, of the series and engine capacity chosen by the Client (the Client is the subscriber of the contract itself) for a given period of time against the payment of a compensation, in the manners and terms specified within the letter of rental. RPJ Rentals & Tours S.r.l. reserves the right to establish which specific model, within the selected class and engine capacity, should be delivered to the Client.
– Article 2 – The client must be no less than 18 years of age and possess a valid document. The client, upon delivery of the vehicle, must verify its good state of maintenance and mechanical operation.
– Article 3 – The vehicle is equipped with the documents required by law for its circulation and is supplied with the following accessories: chain, lock, helmet and, a the request of the Client, gloves and other kinds of clothing. Fuel is not included, and its costs are wholly at the expense of the client. In case of failure to return the certificate of registration or other documents supplied with the vehicle, the Client, is obliged to the payment of a penalty which is equal to its rental for the entire period required for their duplication, save the reimbursement of related expenses and additional damages.
– Article 4 – The Client commits to using the vehicle with due regard to its destination of use and the limits specified in the letter of rental, with the care and diligence of a man of prudence. In particular, the Client commits not to sublet, or rent, and not to allow third parties to sublet, or rent, the vehicle in use. Not to entrust its driving to a person different from the one specified in the letter of rental, and, in no case, to a person lacking the related license to drive it and, nonetheless, to people who are not of age. In particular, it is prohibited for the Client to use the vehicle: (a) For the transportation of persons, or of objects, or of both, for commercial purposes. (b) For hauling vehicles, caravans, trailers and the like. (c) For races, tests, and challenges. (d) Beyond the territorial boundaries specified by RPJ Rentals & Tours S.r.l., namely, the Municipality of Rome for mopeds, and the national territory for remaining vehicles. (e) As a construction vehicle. (f) For unlawful purposes. (g) Under the influence of drugs, or of alcoholic substances, or both. (h) In inappropriate places or, in any case, not open to traffic, or both. Moreover, the client commits not to entrust its driving, or its use, or both, to third parties. The vehicle’s unallowed, or non-compliant use, or both, will entail the immediate resolution of this contract, without prejudice to RPJ Rentals & Tours S.r.l.’s right to claim further damages. If at the incontestable discretion of RPJ Rentals & Tours S.r.l., the Client displays an evident inability to drive the vehicle, the company mentioned above is entitled to proceed to its immediate withdrawal.
– Article 5 – The Client commits: (a) To pay the lease in the amount specified in the letter on rental, including any additional services. (b) To look after the regular maintenance of the vehicle. (c) To take care of the settlement, or of the reimbursement, or both, of any administrative penalty, and of any other charge, inflicted after violations of laws and regulations, during the period of rental, as well as any other costs relating to the request of reimbursement. (d) To reimburse, or release, or both, RPJ Rentals & Tours S.r.l. for every cost, including legal expenses, it may bear to obtain the fulfillment of financial obligations due for whatever purpose. (e) To reimburse RPJ Rentals & Tours S.r.l. for (active and passive) damages to vehicles, and also for the partial, or total, or both, theft of the vehicle, or of any other accessory, or both, within the limits of an amount specified as the “deductible.” This amount is conventionally reduced, except cases of intentional fault and serious misconduct of the Client, or of other drivers. The deductible amounts vary according to the type of rented vehicle, and are specified in this form, within the section “Terms of Rental,” with the name “Deductible for theft” in case of total or partial theft, and “Deductible for damages” for damages of whatever nature to the rented vehicle. (f) To release RPJ Rentals & Tours S.r.l. from all criminal, civil and administrative liability related to the use of the vehicle and attributed to the Client, or third parties, or both. (g) For this purpose, the Client who possesses a credit card authorises the related charges to be carried out within 180 days from the date of communication of the sum owed to RPJ Rentals & Tours S.r.l., for the cases foreseen by this article, and for all burdens arising from the relationship of rental including those potentially necessary for the collection of credit claimed by RPJ Rentals & Tours S.r.l. from the Client with regard to the relationship of rental itself. In this sense, the Client acknowledges that the cost for the completion of the paperwork regarding a possible burden is of € 30,00 plus VAT. (h) In case the client is not able to supply the guarantee mentioned above, a cash deposit is foreseen or the possibility that a third party act as a guarantor. (i) In case of puncture, the client commits to reimburse RPJ Rentals & Tours S.r.l. €15,00. In case of rent of a vehicle destined to the driving test for the attainment of a license, the Client is obliged to give notice to RPJ Rentals & Tours S.r.l. to complete and furnish the Client with any additional paperwork that may be required.
– Article 6 – RPJ Rentals & Tours S.r.l. is not responsible for possible damages deriving from the use of the vehicle during the period of rental, or of the loss, or of damages to objects, or of both, belonging to the Client or third parties transported or left on the vehicle. The company is also not responsible for damages, or setbacks, or of both, due to delays in the delivery, break down, or other events, or both, out of the control of RPJ Rentals & Tours S.r.l.
– Article 7 – The vehicle is made available to the Client, supplied with its original documents, at the premises of RPJ Rentals & Tours S.r.l.. in Via dei Cerchi 59 (Rome) during opening hours and must be returned in the place specified, within the date stated in the letter of rental, whilst respecting closing time. If the vehicle is not returned in the date, or place, or both, specified, RPJ Rentals & Tours S.r.l. may repossess the vehicle in any way, even forcibly. In this event, the Client is obliged to reimburse the expenses borne for the recovery, as well as the possible difference of the amount due calculated from the applicable price. Furthermore, in case of a delayed return, all responsibilities remain with the Client until the actual restitution of the vehicle. The vehicle must be returned complete with the documents, equipment, accessories and with the same amount of fuel present at the moment of delivery from RPJ Rentals & Tours S.r.l. For this purpose, the above-mentioned company will verify the good state of maintenance and operation and the integrity of the vehicle, or of the accessories, or of both. In case of damages, or of losses, or of both, verified in consequence of the rental, the Client is obliged to reimburse them, even if they have been verified after the return, but are directly connected to the use of the vehicle by the Client. Furthermore, the vehicle must be returned in the same state of cleanness in which it was delivered by RPJ Rentals & Tours S.r.l. In case the vehicle is excessively dirty, the Client is obliged to have it cleaned at his own expense. If the vehicle is returned to RPJ Rentals & Tours S.r.l. before the time specified in the letter of rental, the Client is not entitled to the reimbursement of the difference from the price already paid. In case the Client returns the vehicle with an amount of fuel higher than that of departure, the Client is not entitled to the return of the fuel in excess, nor to its reimbursement.
– Article 8 – RPJ Rentals & Tours S.r.l. ensures that the vehicle is covered by an insurance policy for Motor Vehicle Civil Liability with maximum coverage. For compensations which are higher than the aforesaid maximum coverage, the Client is obliged to release RPJ Rentals & Tours S.r.l. from the liability for any damage, cost, expense or loss, also deriving from claims of third parties, possibly received or sustained by the same claim, or nevertheless in relation to the relevant accident.
– Article 9 – In case of accident, the Client is obliged (a) to immediately notify RPJ Rentals & Tours S.r.l. of the event and to comply scrupulously to the instructions received; (b) to report the occurrence to the competent authorities; (c) to supply, within 24 hours from its occurrence, RPJ Rentals & Tours S.r.l. with all the evidence, even testimonial, that can be useful to reenact the dynamics and to determine the responsibility for the accident. At this purpose the Client must (1) request assistance and the registration of the event from the Traffic Police, Carabinieri or Municipal Police; (2) collect the names and addresses of by standing witnesses; (3) also, if requested, cooperate with RPJ Rentals & Tours S.r.l. in the management of the lawsuits deriving from the accident. (d) Nevertheless, the Client commits to reimburse the sums necessary for the repair of the damage in advance; such amounts will be returned following a final legal ruling which recognizes the Client’s rights regarding the accident, with the exception of the case in which the Client produces an Agreed Motor Accident Statement form (C.I.D. – Constatazione Amichevole di Incidente in Italian) with a clear and undersigned declaration of responsibility from the counterparty. (e) In case of omissions, or tardiness, or of both, regarding the obligations specified in this article, the Client must reimburse the possible consequent damage RPJ Rentals & Tours S.r.l. may suffer. (f) RPJ Rentals & Tours S.r.l. reserves the right to claim the reparation of damages suffered due to loss of earnings if, following an accident, or damages, or both, the vehicle must be taken to a repair shop.
– Article 10 – In case of theft, or fire, or of both, of the vehicle during the rental, the Client is obliged to denounce immediately or to file a complaint, or both, to the competent authorities and to deliver it to RPJ Rentals & Tours S.r.l. The Client must also return keys and accessories of the vehicle possibly still in his possession; the rental payment is withheld until the moment of delivery of the certificate of presentation of the report, or of the complaint, or of both. If the Client does not carry out the delivery foreseen by paragraph 1 of the present article, he is obliged to reimburse a sum equivalent to the value of the vehicle, or of the accessories, or of both.
– Article 11 – This contract cannot be sold to third parties, save a different written agreement between the parties. In such case, the parties are obliged to transfer the rights and obligations of this agreement to their successors in title.
– Article 12 – Changes to this contract must be agreed between the parties and formalized in writing.
– Article 13 – Failure to comply to the conditions described above entails the rightful termination of the contract and the consequent right of RPJ Rentals & Tours S.r.l. to repossess the vehicle, even forcibly, as well as the right of compensation of damages.
– Article 14 – If the term for the payment of amounts owed for whatever purpose expires fruitlessly, statutory interests are applied.
– Article 15 – The invalidity of one of the clauses of this contract does not entail its nullity, but the substitution of the invalid clause with that of law. Furthermore, in case of contrast between the Italian version and the contextual one in the English, Spanish, French or German language, the Italian version prevails. The versions in other languages are mere translations.
– Article 16 – For the settling of any disputes arising from the application and interpretation of the contract, the exclusive jurisdiction of the Court of Rome is recognized beforehand.
Law on privacy
Under Law 31 December 1996, n. 675, relating to the safeguard of persons concerning the treatment of personal, or sensible, or accounting-bank data, or of all, the client is informed and explicitly agrees:
a – that the supplied data be collected and handled by RPJ Rentals & Tours S.r.l.;
b – that the data mentioned above may be transferred to other companies that carry out activities of promotion and commercial information, and activities of debt recovery on account of RPJ Rentals & Tours S.r.l. Furthermore that such data may be supplied to competent authorities for possible violations of the laws and regulations in force;
c – that the data mentioned above may be transferred to the supplier of the vehicle for the management of the paperwork related to administrative penalties or in any case to paperwork regarding the use of the vehicle.
Under article 13 of the Law mentioned above, related to the treatment of personal data, the Client has the right to obtain from RPJ Rentals & Tours S.r.l.
a – the confirmation of the existence of personal data that regard him and their communication;
b – the deletion, the transformation of the treated data;
c – the update, correction or integration of the data.
Furthermore, the Client has the right to oppose the treatment of the personal data regarding him, for legitimate reasons.