GENERAL RENTAL CONDITIONS
The rental of vehicles by the Lessor (hereinafter the “Lessor”) is governed by these general rental conditions, including the privacy notice, the rental letter/agreement signed by the customer (hereinafter the “Customer”) at the time of rental, and the Price List in force at the time of signing of the same rental letter/agreement, all of which have been viewed by the Customer, who declares to have taken full and complete knowledge thereof.
These general rental conditions constitute an integral part of the rental agreement signed by the Customer.
1. Scope of application
1.1 These Conditions constitute general terms and conditions of contract pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code and govern the contractual relationship concerning the rental of vehicle(s) concluded through the website www.levantorent.com;
1.2 Any specific conditions relating to particular offers, rates and/or promotional initiatives supplement these Conditions and shall apply exclusively if expressly referred to and accepted at the time of booking; in the event of conflict, these Conditions shall remain the primary regulation of the relationship, unless expressly derogated;
1.3 The Lessor reserves the right to amend these Conditions at any time; such amendments shall be effective from the time of publication on the website www.levantorent.com. The Conditions applicable to each individual rental are those in force at the time of signing the contract.
2. User requirements
2.1 The rental is allowed exclusively to users holding a valid driving licence suitable for the category of the rented vehicle, and not subject to suspension or revocation measures of the driving licence;
2.2 The Customer declares under their own responsibility the truthfulness of the data provided at the time of booking, including personal details, age, address, identity documents and valid driving licence suitable for driving the vehicle. The Customer acknowledges that such data are necessary for booking and for delivery of the vehicle;
2.3 In the event of false declarations and/or incorrect data, the Lessor may suspend or refuse the provision of the service, without this entailing any liability on its part;
2.4 At check-in, the Customer must upload on the website a front/back copy of a valid identity document (identity card or passport) and of the driving licence suitable for driving the vehicle. The Lessor reserves the right to verify the validity of the documents and to refuse delivery of the vehicle in the event of irregularities, without any liability on its part;
2.5 For non-EU customers coming from one of the countries that are signatories to one of the international conventions recognised by the Italian State (Geneva Convention 1949 or Vienna Convention 1968), it is necessary to upload, at the time of booking, a valid international driving permit;
For non-EU customers coming from countries that are not signatories to both Conventions, it is mandatory to upload, at the time of booking, the national driving licence accompanied by a certified official translation issued by the Italian Embassy of the country of origin or by the consulates/embassies of their country in Italy;
2.6 Failure to upload the required documents on the website prevents delivery of the vehicle;
2.7 The Customer assumes all responsibility for the accuracy, validity and regularity of the documents provided and undertakes to indemnify and hold the Lessor harmless from any consequence, prejudice, sanction or liability arising from the use of false, irregular or non-compliant documents;
2.8 The Lessor reserves, at its sole discretion, the right to refuse the conclusion of the contract, even without stating the reason.
3. Underage Customers
3.1 Users under the age of 18 may access the service only with the consent of a parent or legal guardian, who assumes full responsibility for the use of the vehicle. In such case, the booking must be made by the parent/guardian, while the minor shall be indicated as an additional driver of the vehicle;
3.2 At the time of booking, the parent/guardian must complete and digitally sign a declaration of consent, attaching a front/back copy of a valid identity document;
3.3 The minor, as additional driver, must digitally sign a declaration of acceptance of the Rental Conditions, confirming their responsibility in the use of the vehicle;
3.4 The declaration of the parent/guardian must contain:
- personal details of the minor and of the parent/guardian;
- confirmation that the parent/guardian assumes full responsibility for any damage, accidents or violations of the contractual conditions;
- full acceptance of these Rental Conditions;
- confirmation that the minor will drive the vehicle exclusively in the presence of such consent;
3.5 Failure to complete and sign the declarations or to upload the documents of the parent/guardian and the minor shall prevent delivery of the vehicle;
3.6 The Lessor shall not be liable for any consequences arising from false declarations or from non-genuine consent of the parent/guardian, nor for the use of the vehicle by the minor without authorisation.
4. Booking and Conclusion of the Rental
4.1 The booking of the vehicle may be made exclusively through the website www.levantorent.com
and shall be considered confirmed only after receipt of confirmation communication from the Lessor;
4.2 The rental agreement shall be deemed concluded at the moment of its signing by the Customer;
4.3 The Lessor reserves the right to cancel the booking for technical reasons, force majeure events or other unforeseen events. In such case, any amounts already paid by the Customer as consideration shall be refunded, without any obligation to compensate further damages or expenses.
5. Interruption or Suspension of the Service
5.1 The Lessor may temporarily suspend the service for technical, security or maintenance reasons, force majeure events or other unforeseen events;
5.2 Such suspension shall not entail liability of the Lessor, nor any obligation to compensate and/or reimburse any indirect costs incurred by the Customer, without prejudice to the possible refund of amounts already paid in case of total impossibility to use the service.
6. Fees and Security Deposit
6.1 The rental rates are indicated on the website www.levantorent.com at the time of booking and are inclusive of VAT and any mandatory costs. Any variations shall be communicated to the Customer prior to booking confirmation;
6.2 Payment of the rental fee must be made at the time of booking using the payment methods made available by the Lessor on the website;
6.3 The rental fee is due in full at the time of booking;
6.4 The Lessor reserves the right to require a security deposit, by means of pre-authorisation on a credit card or other suitable payment instrument, as a guarantee for the fulfilment of contractual obligations;
6.5 The security deposit shall be released or refunded within 7 (seven) days from the return of the vehicle, subject to verification of its condition, unless offset against any amounts due by the Customer for any reason whatsoever, including ascertained damages, restoration costs, documented administrative expenses, penalties or other obligations arising from the contract.
7. Cancellation Terms
7.1 The Customer may cancel the vehicle booking at any time;
7.2 In the event of cancellation, the following conditions shall apply:
- if cancellation occurs up to 7 days before the rental date, 50% of the total rental price shall be retained by the Lessor;
- if cancellation occurs less than 7 days before the rental date, 100% of the total rental price shall be retained by the Lessor.
8. Delivery and Condition of the Vehicle
8.1 The vehicle is delivered to the Customer without direct contact, by means of indication by the Lessor of its location via e-mail or messaging;
8.2 The vehicle, keys and accessories shall be placed in appropriate spaces or safety boxes, with opening instructions provided by the Lessor;
8.3 Before departure, the Customer is required to:
- send to the Lessor, via e-mail or indicated messaging, clear and complete photographs of the condition of the vehicle, fuel level and accessories;
- personally verify the condition of the vehicle and accessories and report any anomalies found;
8.5 The Customer is responsible for the custody and use of the vehicle, documents and accessories from the time of taking possession until return according to the indicated procedures;
8.6 Any discrepancies, damages or missing accessories not reported at the time of taking possession shall be considered attributable to the Customer;
8.7 This contract transfers to the Customer exclusively the custody of the rented vehicle(s); ownership remains with the Lessor. The Customer is responsible for the vehicle for the entire rental period;
8.8 The Customer acknowledges that they have no real right over the vehicle and its accessories, and may not sell, sub-rent or dispose of them in any way;
8.9 The vehicle is delivered to the Customer in excellent condition of efficiency, maintenance and operation, without evident defects, with a full tank;
8.10 At the time of delivery, the Customer is also provided with no. 2 safety helmets, as well as copies of the mandatory circulation and insurance documents, which must be kept on board during the rental;
8.11 At the time of delivery, the Customer is required to inspect the vehicle and accessories, verify their condition immediately, and report in writing any aesthetic and/or mechanical defects and/or anomalies before use;
8.12 In the absence of timely objections, the vehicle and accessories shall be deemed accepted without reservations and the Customer acknowledges that they are in excellent condition of maintenance and operation and suitable for the agreed use, consenting to the application of these Conditions. Any discrepancies and/or damages not reported shall be considered attributable to the Customer and chargeable to the same.
9. Conditions of Use and Customer Obligations
9.1 The rented vehicle may be driven exclusively by the Customer who is the holder of the booking and signatory of the contract. It is prohibited to allow third parties not expressly authorised by the Lessor to drive the vehicle;
9.2 In case of violation of such prohibition, the Customer shall be fully liable, towards the Lessor and/or third parties, for any damage, loss, sanction, cost or prejudice arising therefrom, even if caused by the unauthorised person, and shall also bear any consequence deriving from possible loss or limitation of insurance coverage;
9.3 It is prohibited to sub-rent and/or assign the vehicle(s) to third parties; any violation entails direct liability of the Customer;
9.4 The Customer may not in any case use or allow the use of the vehicle:
a) for transport of goods or persons for commercial purposes and/or for consideration;
b) for pushing or towing vehicles, trailers or other objects;
d) for any purpose contrary to the law, the Highway Code and/or local regulations;
e) to participate in races and/or competitions and/or speed tests;
f) at excessive speed;
g) on dirt roads and/or unpaved roads and/or off-road routes;
9.5 The Customer may not use the vehicle under the influence of alcohol, narcotic, psychotropic, hallucinogenic substances or any other substance that may reduce alertness, reaction capacity or vigilance. Failure to comply entails full responsibility of the Customer for any damages, sanctions or civil and criminal consequences arising therefrom;
9.6 The Customer undertakes to:
a) pay the rental fee including, in addition to the applied rate, any amounts due as penalties or cost reimbursements;
b) not drive or use the vehicle, nor allow its use by third parties, outside the Italian territory;
c) drive the vehicle with the utmost diligence and safeguard it, together with accessories and documents, assuming all responsibility for loss, theft or damage;
d) verify, during the rental, the occurrence of anomalies or malfunctions and immediately inform the Lessor; in case of defects affecting safety, suspend use immediately until further instructions;
e) return the vehicle with a full tank and not refuel with incorrect fuel; in case of improper fuel, the Customer shall be responsible for all damages and costs, including downtime;
f) not carry out repairs or maintenance without prior authorisation;
g) in case of tyre puncture or damage, replace at own expense with compliant tyres, after immediate notice; repair of tyres is prohibited;
9.7 Failure to comply with the above obligations entails liability for all resulting damages and costs and may result in total or partial retention of the security deposit, without prejudice to further damages.
10. Highway Code
10.1 The Customer is required to comply with the Highway Code, as well as all applicable laws and local regulations during the rental period;
10.2 The Lessor may provide information on main traffic rules; however, the Customer remains solely responsible for compliance, even if such information is not provided.
11. Administrative Fines, Tolls and Other Charges
11.1 All fines deriving from violations of the Highway Code, laws and applicable local regulations are exclusively borne by the Customer;
11.2 The Lessor is authorised to provide the Customer’s data to the competent Authorities, where necessary for the ascertainment of violations;
11.3 The following are exclusively borne by the Customer:
- payment of fines, penalties and sanctions;
- payment of tolls, access to restricted traffic zones (ZTL), parking tickets and other similar charges;
- any administrative and/or legal expenses incurred by the Lessor for handling the relevant procedures, always documented and proportionate.
12. Customer Liability
12.1 The Customer is responsible for any damage caused to the vehicle, accessories and documents delivered, whether intentional or due to negligence, from the moment of taking possession until their return;
12.2 The Customer is also liable for all consequences deriving from use of the vehicle not compliant with these Conditions, the Highway Code or applicable laws and local regulations, including restoration costs, any additional expenses and damages resulting from the unavailability of the vehicle.
13. Return of the Vehicle with Self Drop-Off Procedure
13.1 The Customer is required to return the vehicle, keys, accessories and documents delivered within the agreed date and time, in the same condition in which they were received, except for normal wear and tear;
13.2 The Customer is required to return the vehicle by parking it exclusively in spaces reserved for motorcycles in the area indicated by the Lessor. If such spaces are occupied, the Customer may park the vehicle in another area near the indicated point, provided that it is in spaces regularly designated for motorcycles. Any fines resulting from improper parking shall be borne by the Customer;
13.3 Once the vehicle has been parked, the Customer must:
- send to the Lessor, via e-mail or indicated messaging, the coordinates and/or exact address of the parking location;
- send clear and complete photographs of the condition of the vehicle and the fuel level;
- place the keys in the appropriate safety box, ensuring proper closure and rotation of the opening code;
13.4 The return of the vehicle and related accessories shall be deemed completed at the moment the Lessor receives the communication of return accompanied by the required documentation. From that moment, the vehicle returns to the legal availability of the Lessor;
13.5 The Customer shall remain responsible for all damages, including those not evident in the photographic documentation transmitted, including hidden or subsequently detected damages;
13.6 The Customer is required to return the vehicle with a full tank. Any discrepancies, damages and/or lack of fuel shall be charged to the Customer in accordance with these Conditions;
13.7 In case of early return of the vehicle before the agreed term, no refund shall be provided;
13.8 In case of delay in returning the vehicle beyond the agreed date and time, the Customer shall be required to pay an additional fee calculated according to the daily or hourly rates indicated by the Lessor on the website, without prejudice to compensation for any further damage;
13.9 In case of loss or damage of keys, helmets or other accessories delivered with the vehicle, the Customer shall reimburse the replacement or repair costs;
13.10 In case of return of the vehicle in cleaning conditions exceeding normal use, the Lessor may charge extraordinary cleaning costs;
13.11 The Lessor assumes no obligation of custody or guarantee with respect to any items left inside the vehicle compartments.
14. Insurance
14.1 All vehicles are covered by compulsory third-party liability insurance, within the limits and conditions provided by the relevant policy;
14.2 No insurance coverage is provided for driver injuries, nor for casco (comprehensive), theft or fire;
14.3 The costs of recovery of the vehicle, where resulting from improper use, negligence or conduct attributable to the Customer, as well as damages to transported objects and any further damage not covered by the compulsory third-party liability policy, remain borne by the Customer;
14.4 In cases of unlawful conduct, unauthorised use of the vehicle, violation of these Conditions, driving under the influence of alcohol or substances affecting psycho-physical abilities, as well as in other cases provided by the policy, the insurer’s right of recourse against the Customer remains unaffected;
14.5 A copy of the insurance certificate is made available together with the vehicle documents. The full policy conditions may be consulted upon request by the Customer.
15. Limitation of Liability of the Lessor
15.1 Within the limits permitted by law, the Lessor shall not be liable for direct or indirect damages, whether pecuniary or non-pecuniary, suffered by the Customer or by third parties as a consequence of the use of the rented vehicle, unless such damages are directly attributable to wilful misconduct or gross negligence of the Lessor or to the breach of mandatory legal obligations;
15.2 In any case, and without prejudice to the provisions set out in clause 15.1 above, the Lessor shall not be liable for damages arising from improper use of the vehicle, violation of these Conditions, non-compliance with the Highway Code or any imprudent, negligent or unlawful conduct of the Customer.
16. Damage, Theft, Loss, Fire
16.1 In the event of damage, accidents, theft, attempted theft, fire or loss of the vehicle, the Customer is required to immediately inform the Lessor;
16.2 In case of theft, attempted theft or loss of the vehicle, the Customer is required to actively cooperate with the Lessor for the timely filing of a report with the competent Authorities and for any requirement of the insurance company;
16.3 The Customer is liable towards the Lessor in case of theft and/or fire and/or damage of the vehicle and for all damages caused to or suffered by the rented vehicle during the rental period, unless they prove that the event was caused by force majeure or fortuitous event not attributable to them;
16.4 In cases of Customer liability, the Customer shall be required to compensate the Lessor for the damages actually suffered, within the limits of the commercial value of the vehicle as indicated in the contract, as well as for documented costs incurred, including by way of example:
– repair costs;
– recovery and storage costs;
– loss of rental income for the period of unavailability of the vehicle;
– administrative expenses;
16.5 If the vehicle becomes unusable for reasons not attributable to the Customer, the Lessor, where possible and subject to availability, may provide a replacement vehicle; failing this, the Customer shall be entitled to a proportional refund for the period of non-use.
17. Obligations in Case of Accident
17.1 In case of accident, incident or event capable of causing damage to persons and/or property, the Customer is required, without delay, to:
- immediately inform the Lessor by telephone and by e-mail and/or certified e-mail (PEC);
- send within 24 (twenty-four) hours a detailed report of the event;
- inform the nearest police authority in cases required by law and, where appropriate, obtain a copy of the report to be sent to the Lessor within 24 (twenty-four) hours;
- complete, where possible, the amicable accident report form (CAI) in all its parts, signing it together with the other party;
- collect and communicate to the Lessor the personal details and contacts (including telephone) of the parties involved and any witnesses, the licence plates of the vehicles involved, as well as their insurance and ownership data;
- provide the Lessor with any further useful information for handling the claim;
- refrain from making statements of liability, entering into settlements or undertaking obligations towards third parties without prior authorisation of the Lessor;
- strictly comply with the instructions of the Lessor regarding custody, recovery and repair of the vehicle;
17.2 Failure, delay or inaccuracy in fulfilling the above obligations may result, within the limits provided by law, in total or partial loss of the right to insurance compensation and the obligation of the Customer to compensate the Lessor for any greater damage suffered as a consequence of such breach.
18. Penalties
18.1 The Customer is responsible for compliance with these Conditions and for the proper use of the vehicle and its accessories. In case of breaches, non-compliance or damages, the following penalties shall apply on a lump-sum basis, without prejudice to compensation for any greater damage:
- standard vehicle cleaning: € 15.00;
- special cleaning for excessive dirt: € 30.00;
- loss or damage of vehicle keys: € 200.00;
- loss or damage of helmets or other accessories delivered: € 50.00 each;
- loss or damage of vehicle documents: € 100.00;
- loss or damage of the vehicle licence plate: € 100.00;
- return of the vehicle with fuel level below full: charge of the cost of fuel required to restore the level, according to the Lessor’s rates, plus € 10.00 for handling costs;
- delay in return of the vehicle: charge calculated according to daily or hourly rates indicated on the website, without prejudice to further damages;
- failure or delay in reporting damages, malfunctions or anomalies: charge of any costs resulting from vehicle downtime attributable to the Customer, plus any further damages;
18.2 The above penalties are independent from the Customer’s obligation to compensate any further damages to the vehicle and/or third parties;
18.3 The Lessor is authorised to retain the amounts due as penalties from the security deposit, where paid, or to charge them to the Customer using the payment method used.
19. Communications
19.1 Any formal communications from the Customer regarding this contract must be sent exclusively via certified e-mail (PEC) to the following address: salvatore.pennisi83@pec.it. Such communications shall be considered received on the date indicated on the PEC delivery receipt. The Lessor shall not be liable for any delays or non-receipt due to the use of channels other than the one indicated for formal communications;
19.2 For ordinary communications, requests for information or informal reports, the Customer may contact the Lessor via ordinary e-mail at info@levantorent.com or by telephone at +39 3316210994.
20. Use of Satellite Devices
20.1 The Customer expressly and unreservedly authorises the Lessor to remotely monitor the correct use and functioning of the rented vehicle via satellite devices capable of detecting and tracking the location of the vehicle at any time;
20.2 The Customer acknowledges that such data may be communicated to Judicial Authorities, Legal Firms, Companies specialised in theft or claims prevention and management, and Insurance Companies, and hereby authorises the Lessor to use such data in defence of its rights.
21. Complaints
21.1 Any complaints to be submitted to the Lessor must be made in writing within no more than 20 days from the end of the rental.
22. Applicable Law and Jurisdiction
22.1 The rental contract signed by the Parties shall be governed exclusively by Italian law; therefore, any dispute relating to the contractual relationship shall be subject exclusively to Italian law and jurisdiction;
22.2 Except as provided by the Consumer Code, for any judicial dispute arising regarding the validity, interpretation, execution or termination of the contract, or otherwise deriving from the contractual relationship, the parties agree that the Court of Modena shall have jurisdiction;
22.3 Before resorting to judicial authority for any dispute relating to this contract, the parties undertake to attempt mediation, pursuant to Legislative Decree 28/2010 and subsequent amendments, through an accredited mediation body. Legal action may only be initiated after the unsuccessful mediation attempt.
23. Language
23.1 These Rental Conditions are drawn up in the English language;
23.2 In the event of any inconsistency or discrepancy between the English version and the Italian version, the Italian version shall prevail for the purposes of interpretation and performance of the contractual relationship.
24. Processing of Personal Data
24.1 The Customer’s personal data are processed by the Lessor in compliance with Regulation (EU) 2016/679 (GDPR), Legislative Decree 196/2003, as amended by Legislative Decree 101/2018, and applicable data protection laws;
24.2 The processing is carried out for purposes connected and instrumental to the execution of the rental relationship, compliance with legal obligations, and protection of the Lessor’s rights;
24.3 Full information on the processing of personal data is contained in the attached Privacy Policy, read and signed by the Customer.
25. Safeguard Clause
25.1 Should any provision of the rental contract and these General Conditions be deemed invalid or ineffective, in whole or in part, it shall be disregarded and the contract shall remain valid and effective for the remaining provisions.
Approval under Articles 1341 and 1342 of the Italian Civil Code
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer specifically approves the clauses indicated below: articles 2 (User Requirements); 3 (Underage Customers); 4 (Booking and Conclusion of the Rental); 5 (Interruption or Suspension of the Service); 6 (Fees and Security Deposit); 7 (Cancellation Terms); 8 (Delivery and Condition of the Vehicle); 9 (Conditions of Use and Customer Obligations); 11 (Administrative Fines, Tolls and Other Charges); 12 (Customer Liability); 13 (Return of the Vehicle with Self Drop-Off Procedure); 14 (Insurance); 15 (Limitation of Liability of the Lessor); 16 (Damage, Theft, Loss, Fire); 17 (Obligations in Case of Accident); 18 (Penalties); 19 (Communications); 20 (Use of Satellite Devices); 21 (Complaints); 22 (Applicable Law and Jurisdiction); 23 (Language).