The rental of vehicles by the company Terra Verde Holding Srl is governed by these general rental conditions, including the Privacy Policy, the rental letter signed by the customer at the time of renting a vehicle, the Price List in force at the time of signing the same Rental Letter and the Damage Policy. The Customer declares to have viewed all the aforementioned documents and to have taken full and complete knowledge of them.
The Customer, by signing the Rental Letter, declares to have read and accepted the General Rental Conditions and to specifically approve the following articles: Art. 2 (Methods and times of booking and payment of the rental), Art. 5 (Circulation of the Vehicle and conditions of use), Art. 6 (Taking over and returning the Vehicle), Art. 7 (Customer Liability), Art. 8 (Contract in the name and/or on behalf of third parties and jointly and severally liable), Art. 10 (Charges), Art. 11 (Use of satellite devices), Art. 12 (Termination clause), Art. 14. (Contractual changes), Art. 15 (Applicable law and exclusive jurisdiction), Art. 16 (Translation), Art. 17 (Interpretation), Art. 18 (Domicile and communications).
General Rental Conditions
Art. 1 Vehicle driving and rental accessibility.
Both the Customer, as the holder of the Rental Agreement, and each driver authorized to drive the vehicle identified in the Rental Letter, must comply with the identification and qualification formalities required by the Lessor, providing, in order to extract a copy, a valid identity document. Each driver of the Vehicle undertakes not to provide false information regarding their personal details, age, address of residence or domicile, telephone number and e-mail address, as well as about the possession of all the legal requirements for driving qualification.
Both the Customer and each authorized driver must be at least 19 years old and be in possession of a valid driving license of an EU/EFTA country that enables the type of rented vehicle, issued for at least 12 months, which must be shown, in order to extract a copy. Customers residing in a non-EU foreign country must be in possession of a driving license from their country of origin and a valid license for international use, or translated by an embassy or equivalent authority, and legible in Latin characters. For people under 25 years of age and people over 75 years of age, access to the rental is allowed with the application of a daily supplement in relation to certain categories of vehicles identified by the Lessor according to the age groups. This supplement is applied to the extent indicated in the Price List.
For the rental of the vehicle it is necessary to have a credit card, necessary for the relative deposit. In case of security deposit and / or payment by credit card in the name of a person other than the Original Customer, it will be necessary to further sign the cardholder within the Rental Letter who will become the new holder of the Rental Agreement and first driver, while the Original Customer will be indicated as the second driver. In any case, the Lessor has the right to refuse the conclusion of the Rental Agreement at its free and unquestionable discretion, without obligation to give any reason to the Lessee.
Art. 2 Method and timing of booking and payment of the rental.
The payment of the rental is made with the main credit cards, debit cards, debit cards, debit cards, cash or through other payment methods previously agreed with the Lessor in writing. Except in the case of rental with the “Prepaid” or “Payment Card” payment method online (“Pay Now” option), the balance of the fee must be paid by the expiry of the deadline for returning the Vehicle.
Bookings are accepted only according to the category of the Vehicle to which the one selected by the Customer belongs; preferences in the models are subject to the availability of the Lessor and cannot be guaranteed at the time of booking.
In case of unavailability of the booked Vehicle, the Lessor reserves the right to replace it with another of a corresponding or higher category; In case of unavailability of the latter, the replacement will take place with a vehicle of lower category but with consequent recalculation of the tariff. In case of absolute unavailability to assign a Vehicle, or in case of opposition by the Customer to accept a Vehicle other than the booked category, the only burden of the Lessor will be that of the return of the amount paid up to that moment by the Customer for the rental of the vehicle. The refund will be made by crediting the amount paid by the Customer to the card used for payment.
Reservations made on the Lessor’s website, which benefit from the special rate with payment method “Pay Now” involve, at the time of booking, the full cost of the rental to the payment card indicated by the Customer. The Customer can cancel a reservation of this type without any additional charge at his expense up to 48 hours from the date of collection of the vehicle. To benefit from any refund, the Customer may contact Customer Service through the channels and tools provided. The amount paid online for the rental is not refundable in case of cancellation of the reservation occurred within 48 hours prior to the scheduled collection, nor in case of booking with collection of the vehicle scheduled in the 48 hours following the request, nor in case of “no show” (failure to collect by the Customer on the scheduled pick-up date / time), nor in case of lack of the requirements for accessibility to the rental. Alternatively, you can take advantage of the “Payment at the counter” option (“Pay on withdrawal”) available on the Lessor’s website.
Terra Verde Holding Srl undertakes to honor the reservations accepted when the customer shows up at the counter on the confirmed day and time, with a maximum tolerance of 1 hour. If the customer shows up beyond the expected tolerance, Terra Verde Holding Srl will no longer be required to deliver the vehicle.
To confirm the reservation, the Customer undertakes to present his credit card at the time of signing the Contract with the Lessor, who will carry out the relative pre-authorization as a deposit according to the criteria established in the Price List.
The purchase of any accessory product or service is optional and left to the discretion and voluntariness of the Customer. The prices and characteristics of the extra services offered by the Lessor can be consulted in the Price List published on the website.
The Customer also authorizes the Lessor to charge the credit card presented for the deposit / guarantee of the rental the amounts corresponding to the rental fees fully considered (eg excess km, extra days, etc.), to the damages found at the return, to the deductibles, to penalties and to any expenses that may be found after the return of the Vehicle (eg management service and re-notification of fines, motorway tolls, management costs for accidents and/or damage to the Vehicle, etc.). It is the Lessor’s right to ask the Customer for a deposit other than the credit card or supplement it with another guarantee. Any further deposit, which will not be counted in the Customer’s rent account and which will not produce any type of interest, will be returned upon termination of the lease for any reason, reduced by what the Customer may owe to the Lessor.
All rentals starting at Italian airports are characterized by the surcharge for Airport Charges, imposed by the airport authorities for each rental. These are mandatory charges, made by any business within the airport area, and cannot be declined.
Art. 3 R.C.A. Insurance Each vehicle is covered by R.C.A. insurance in accordance with current laws, which guarantees insurance coverage of Civil Liability towards third parties with reference to persons, things (excluding those transported) and animals. The transported on the Lessor’s Vehicle is equivalent to the third party.
In the event of an accident, the Customer must fill in the friendly accident report (C.A.I.) form available in the Vehicle with the other party and send it to the nearest agency of the Lessor (hereinafter, the “Agency”) within 24 hours of the event, or deliver it together with the return of the Vehicle if this occurs within that same period of 24 hours from the event. The friendly accident report form must be duly completed in all its parts, in order to make clear, and without a shadow of doubt, the dynamics of the event. In the event that no accident has occurred, in order to allow the Lessor to protect its rights against fraud or unfounded requests, the Customer must in any case, upon return of the Vehicle, explicitly declare (and in writing) that he has not suffered or caused any event.
Art. 4 Refuelling.
The Customer is required to return the Vehicle with the same amount of fuel present at the beginning of the rental.
Art. 5 Vehicle circulation and conditions of use.
The Customer undertakes to keep and use the Vehicle with the utmost care and diligence, respecting the destination and the characteristics indicated in the registration certificate and within the limits established by law, as well as:
(I) not to sublet or rent the Vehicle;
(II) not to entrust the driving of the vehicle to persons other than those authorized;
(III) not to carry out any repair work on the rented Vehicle without the written consent of the Lessor;
(IV) to immediately inform the Lessor of any breakdowns or anomalies of the Vehicle, interrupting the circulation of the same and referring to the indications of the Lessor regarding the possible replacement or return of the Vehicle;
(V) to refuel the Vehicle using the correct fuel, also maintaining it diligently, checking the level of liquids and carrying out, where necessary, the appropriate top-ups;
(VI) not to drive the Vehicle under the influence of drugs, narcotics, alcohol or intoxicants or other substances likely to impair the ability to understand and react;
(VII) to guard the Vehicle with the best diligence, activating any existing safety device, avoiding leaving devices or valuables in evidence inside the passenger compartment and, in general, doing everything necessary to ensure the best safety of the property owned by the Lessor;
(VIII) to circulate the vehicle, as well as in Italy, exclusively in countries of the European Union, Switzerland or the United Kingdom upon purchase of the “Cross Border Card” service, unless expressly authorized in writing by the Lessor. To this end, the “Green Card” (international insurance certificate), delivered together with the documents accompanying the vehicle, does not constitute authorization in this sense, but completion of the documents. In case of transit in the countries where the Customer has undertaken not to circulate the Vehicle, the insurance coverage and the agreements of limitation and exclusion of his liability will no longer be effective and any cost the Lessor may incur due to failure to comply with the commitment assumed will remain the responsibility of the Customer (including any costs of stopping the vehicle or repatriation), that he will have to compensate him for the amount due, in addition to the penalty for “unauthorized traffic abroad” indicated in the Terra Verde Holding S.r.l. Tariff;
(IX) not to use the Vehicle for the transport of contraband, explosive material, pollutant material or for any other transport in violation of laws or regulations;
(X) not to use the Vehicle for competitions of any kind, sporting or not, or for course tests, even in motor racing circuits, as well as to give driving lessons or practice at the same;
(XI) not to use the Vehicle on bad roads or roads unsuitable for the technical characteristics of the same;
(XII) not to use the Vehicle to push or tow any other motor vehicle or trailer;
(XIII) not to use the Vehicle for any other use in violation of laws or regulations, even if not expressly referred to in this Art. 5;
(XIV) to promptly inform the Lessor of any report to be notified to the Lessee by any Authority and with reference to the Vehicle during the rental period. The Lessor reserves the right to regain possession of the Vehicle in any place and time in case of violation of the rules of this Art. 5;
(XV) not to transport animals, substances and anything else that, due to its condition/smell, may cause damage to the Vehicle. In case of extraordinary cleaning of the Vehicle, the relative sum will be charged to the Customer;
(XVI) not to use the vehicle for the transport, for remuneration, of persons or property, except in the latter case for commercial vehicles;
(XVII) not to smoke and not to allow passengers to smoke inside the vehicle.
Art. 6 Taking over and returning the Vehicle.
The Lessor delivers the Vehicle to the Lessee, complete with all the accessories required by law and all the documentation necessary for circulation. With the delivery of the Vehicle, the Lessee acknowledges that the same, with the equipment, equipment and all accessories delivered to him by the Lessor, is in verified mechanical operating conditions, in good general condition and in accordance with the agreed use.
The Lessee undertakes to return the Vehicle, together with its accessories and documents, free from things or goods, in compliance with the times and places indicated in the Rental Letter, in the same conditions in which it was delivered, including cleaning, except for wear and tear proportionate to the duration of the rental and the mileage traveled. Upon return, the Lessee has the burden of verifying, in contradictory contact with the Lessor, the condition of the Vehicle, ascertaining and signing any discrepancies with respect to what is indicated in the rental letter at the time of delivery. In the event of failure to check jointly, the Customer expressly authorizes the Lessor to charge the burden of any damage found on the Vehicle even after delivery. In this regard, the Vehicle must be returned during the opening hours of the Agency where it was taken over, or, at the request of the Customer, at another Agency of the Lessor. In the case of return outside the opening hours of the Agency, the rental is considered concluded during the reopening time of the same – provided that the Vehicle has actually been taken over by the Agency – both for the purposes of determining the fee, and those of the liability connected with the possession of the Vehicle itself (by way of example and not exhaustive, in relation to damages of any kind, theft and/or total or partial fire, failure to supply etc.).
In case of failure to return the Vehicle in the places and times indicated in the Rental Letter, the Customer undertakes to pay, as a penalty, a sum equal to the “Standard Rate” of daily rental of the Vehicle for each day of delay until delivery, except in any case the greater damage, unless a written authorization has been issued by the Lessor to continue the rental. In this case, until the end of the authorized period the previously agreed fee will be due; After this period, the above penalty will be applied again.
In case of breakdown or simple request by the Lessor, the Vehicle must be returned by the Customer to any Agency of the Lessor who will replace it subject to availability, without any charge to the Lessor and without prejudice to the latter’s right, at its sole discretion, not to grant a replacement Vehicle in the event of insolvency, theft, fire, negligence or serious accident of the rented Vehicle. Any replacement will normally take place with a Vehicle of the same category; in case of unavailability, a Vehicle of a lower or higher category may be delivered to the Customer, applying the reductions and increases provided according to the methods indicated in the Terra Verde Holding S.r.l. Tariff. The replacement of the Vehicle is included in the rental fee except in the case of breakdowns due to the Customer’s own fact or to willful misconduct or fault of the Lessee.
In case of failure to return the documents accompanying the Vehicle and / or the license plate, the Customer undertakes to pay, as a penalty, the sum indicated in box B) of the Rental Letter, without prejudice to compensation for the related expenses and further damage. In case of failure to return the keys of the Vehicle, from any reason it depends, and even if the Vehicle has been returned, the Customer is required to pay, as a penalty, the sum indicated in box B) of the Rental Letter, without prejudice to greater damage. In case of non-return or damage to the standard and additional accessories of the Vehicle, for whatever reason it depends, the Customer is required to pay, as a penalty, a sum whose amount is indicated in the Price List and / or in box B) of the Rental Letter, without prejudice to greater damage.
Any claim or complaint against the Lessor in relation to the rental made may be advanced by the Customer no later than the deadline of 10 days from the date of return of the Vehicle and / or closure of the Rental Letter. The Customer, therefore, hereby acknowledges to renounce to submit requests for reimbursement and / or compensation after this deadline.
The Customer undertakes to return the vehicle as soon as the Lessor requests it. In case of non-return, the Lessor has the right to recover possession of the vehicle by any means, even against the will of the Customer and entirely at the expense of the same.
In case of return of the Vehicle made before the date / time of return indicated in the Rental Letter, there are no refunds for the days and hours of rental not used.
Art. 7 Customer’s liability.
The Customer is responsible for any damage, theft or fire occurring to the Vehicle, as well as for fines and / or any other charge resulting from violations of the Highway Code or other provisions of law or regulations, tolls, the cost of parking and in general the sums related to the use of the Vehicle during the rental period and undertakes to reimburse any sums in this respect advanced, including postal and administrative costs necessary for requesting reimbursement.
The Customer hereby authorizes the Lessor to also charge the cost of managing any administrative practice related to such requests and the service of management and re-notification of the minutes. It is without prejudice to the possibility for the Customer to demonstrate that the aforementioned breaches and / or damage to the vehicle have depended on causes not attributable to him. This clause does not in any case reverse the burden of proof nor preclude the possibility of proposing any exceptions under the Law.
Terra Verde Holding S.r.l.’s damage management policy is fully explained online in the “Damage Management” section. The Lessor reserves the right not to immediately repair the Vehicle if the damage caused by the Customer does not affect its functionality. The value of the Vehicle is determined according to the quotation indicated in the Quattroruote periodical at the time of the event, unless the same occurs in the first six months of registration of the Vehicle, in which case reference will be made to the list value to the new one. The Customer’s liability is extended to the cost of repairs, the loss of value of the Vehicle, the loss of rental revenue quantified on the basis of the criteria described in Art. 6 for failure to return the Vehicle within the agreed terms, towing and storage costs and administrative costs incurred for the management of any event or claim arising from the damage caused to the Vehicle or accident, which will be charged to the Customer as provided for in the Price List.
For any breakdown or breakdown, the Customer is required to contact the Roadside Assistance Service by calling only the telephone number indicated in the Rental Letter. The Tow Truck Service (both for towing and for depannage) will be charged to the Customer, as indicated in the Terra Verde Holding S.r.l. Tariff, except for the purchase of the “Road Assistance” and “Road Assistance Plus” services.
The deductible indicated in the Rental Agreement remains entirely the responsibility of the Customer, unless he subscribes to one of the services for the limitation / exclusion of liability available in the Price List published on the website. In any case, the effectiveness of the insurance coverage towards the Customer as well as any limitations of liability provided in his favor, even conventionally, are excluded in the event of willful misconduct or gross negligence of the same, including driving while drunk or in violation of the Highway Code or other laws and regulations. Also excluded from insurance coverage and from limitations or exclusions of liability are damages caused voluntarily by the Customer to the Vehicle, or by negligence, as well as those relating to the interior of the Vehicle (including those on the dashboard, airbags, seat belts, touch screen displays, etc.), to the roof and to the camber of the vans, the damage caused by the lack of evaluation of the height of the Vehicle and of objects protruding or above the roof, those caused to the clutch kit, due to engine overrevs, damage resulting from incorrect refueling, theft of tires and / or rims, breakage of components for unauthorized circulation on bad roads, as well as damage caused by failure to comply with the provisions on Vehicle Circulation and Conditions of Use pursuant to Art. 5 above.
In case of theft and subsequent discovery of the Vehicle, the compensation due by the Customer to the Lessor will be determined by applying the “Standard Rate” of daily rental until the date of release and return of the Vehicle, within the limits of the charge fee, except, in any case, the compensation for damages suffered by the Vehicle. In all cases of theft or fire, total or partial, or vandalism, the Customer is obliged to immediately make a regular complaint to the competent Authorities, delivering a copy within 48 hours of the same, together with the keys of the Vehicle, to the nearest Lessor Agency and actively collaborating with the latter in the management of the judicial procedure. In case of total theft, the Customer is obliged to always compensate the Lessor for the amount corresponding to the full tank of fuel. In case of partial theft, the Customer is obliged to compensate the Lessor up to the maximum amount of the Theft Excess indicated in the Rental Letter.
In the event of an accident suffered or caused by the rented vehicle, even if the same does not suffer damage, it is the Customer’s obligation to notify the nearest Lessor Agency within 24 hours of the event, drawing up and sending the C.A.I. form, under penalty of ineffectiveness of any insurance coverage or limitation of liability conventionally established in favor of the Customer. In case of non-fulfillment of the obligations of reporting and communication referred to in the previous paragraphs, all limitations and / or exclusions of liability for damage, theft or fire, total or partial, provided in favor of the Customer, who is also responsible for damages suffered by the Lessor in relation to the failure or delayed communication, lose effectiveness. If the Customer produces a C.A.I. model duly signed by both parties relating to the accident, with clear assumption of responsibility of the counterparty only, the deductible referred to in the Rental Agreement is not chargeable to the Customer.
Due to the procured increase in insurance costs, in the event of the cause of a passive or insolvency claim, a flat-rate penalty indicated in the Price List is due, except for greater damage, even in the event of incorrect or failure to compile the documentation necessary for the management of the accident itself. The penalty in question (deductible for passive or insolvency claims) will also be applied in case of purchase by the Customer of the services of limitation / exclusion of liability. At the time of the accident, the Customer must take action in order to provide the evidence necessary for a correct identification of responsibilities. To this end, it must:
(I) proceed with the drafting of the C.A.I. model or, alternatively, request the intervention and the recording of the incident to the Traffic Police, Carabinieri or Urban Police;
(II) collect the names and addresses of witnesses present;
(III) if requested, even subsequently, collaborate with the Lessor in the management of any causes that may arise as a result of the accident;
(IV) not to leave the Vehicle unattended and without adequate safeguards.
The Customer undertakes to ensure the routine maintenance of the vehicle and provide for the control and possible adjustment of the levels of all lubricants, brake oil and tire pressure checks.
In case of seizure or administrative detention of the vehicle, the Customer undertakes to pay the Lessor, in addition to the agreed rental fee, an amount equal to the daily rental “Standard Rate” until the date of release and return of the vehicle.
Art. 8 Contract in the name and/or on behalf of third parties and jointly and severally liable.
Who stipulates the rental contract in the name and / or on behalf of a third party is jointly and severally liable with the third party for the full observance of all the obligations contained in the rental contract, without the benefit of prior enforcement; the Customer who stipulates the rental contract is responsible in any case for any fact, action or omission attributable to the driver of the vehicle. All authorized additional customers and/or drivers as well as credit card holders will be jointly and severally liable for all obligations of the rental letter holder arising from the contract and the laws applicable to the same.
Art. 9 Force majeure.
Neither party shall be liable for its own breach in relation to its obligations under this contract if it is able to prove that:
(I) the default was caused by an event beyond its control;
(II) it was not reasonable to expect that, at the time of entering into the Contract, it would take into account the possibility of such occurrence and its effects on its ability to perform;
(III) it was not reasonably possible to avoid or remedy that event or at least its effects.
Art. 10 Charges.
The Customer is obliged to pay the Lessor:
(I) the rental fee, determined according to the criteria defined in the Price List and published on the website and in the information documents at the Agencies, as well as defined in the context of agreements with any Tour Operators. In the case of rentals concluded through Tour Operators and / or prepaid, the Customer remains jointly and severally obliged with the same towards the Lessor to pay the amounts due under the rental relationship;
(II) reimbursement of expenses incurred for the recovery of the Vehicle not returned to the agreed place for any reason;
(III) the amount of financial penalties charged to the Customer and/or the Lessor for violations of the Highway Code or other applicable legislation, committed by the Customer during the rental of the Vehicle;
(IV) any other sum due on the basis of the provisions of the previous articles (including, but not limited to: refueling service, One Way service / trip to leave, substitutions, out-of-hours service, supplements, penalties, compensation and compensation, as well as any difference deriving from the use of a service other than the one budgeted). In general, charges for damages, missing fuel and extra days requested in the absence of the Customer are notified within 3 working days from the date of actual taking charge of the vehicle. With regard to the claim for damages, the Customer will have 5 working days from the sending of the notification to accept or dispute by email the amount requested for penalties. If no dispute is received within 5 working days from the debit notification, the notified amount will be collected.
In case of electronic detection and / or remote traffic fines these will be sent to the Lessor, who will provide the driver’s personal details to the competent Authorities. It will not be possible to pay the fine through the Lessor, but must be paid directly by the Customer to the local authorities who detected the infringement and issued the fine. The Lessor will take care to notify the details of the infringement to the Customer by e-mail to the e-mail address provided at the time of signing the Rental Letter.
Art. 11 Use of satellite devices.
The Customer and any user of the Vehicle is informed that – for security reasons – some vehicles may be located using GPS devices of third-party supplier (s) in order to protect the Lessor from the risks of theft or fraud. The aforementioned devices can detect, by way of example: location of the vehicle with relative cartographic map that can be used in case of theft, robbery or embezzlement; speed and acceleration data in the case of accident detection; Statistical data of travel. The managers of the Database(s) where such information is stored are specialized external companies, specifically appointed as Data Processors by the Lessor.
Art. 12 Termination clause.
The violation of the provisions of Articles 1, 2, 3, 4, 5, 6, 7 and 10 legitimizes the Lessor to terminate the contract pursuant to art. 1456 cod. civ. and compensation for any further damages.
Art. 13 Privacy.
Pursuant to GDPR 679/2016, the Customer declares to have received and read the information on the processing of personal data entrusted to the Data Controller Terra Verde Holding S.r.l. for the requested service. In particular, he declares that he has been informed about:
the purposes and methods of data processing;
the nature of the data provided and obligations or faculty to provide data and the consequence of any refusal;
the scope of data communication;
the rights of the interested party, the methods of exercising the same and the contacts of the Data Controller.
For more details see the online section.
Art. 14 Contractual changes.
No modification may be made to these General Conditions without the consent of a representative of the Lessor with an appropriate written power of attorney.
Art. 15 Applicable law and exclusive jurisdiction.
The rental relationship referred to in this Agreement is governed by Italian law. For all disputes relating to the relationships referred to in the “Contractual Documentation”, without prejudice to the jurisdiction of the Consumer Court, the Court of Pavia has exclusive jurisdiction.
Art. 16 Translation.
In case of doubts or differences of interpretation, the Italian version prevails over the English or foreign version, as it expresses the exact will of the parties. The English text or in another language, available and consultable, at the request of the Customer, represents a mere literal translation.
Art. 17 Interpretation.
If any provision of the Agreement is held to be invalid or unenforceable, in whole or in part, it will be disenforced and the Contract will remain valid and effective for the remaining provisions.
Art. 18 Domicile and communications.
The Customer, for all legal purposes, for the purpose of carrying out this rental relationship, declares to elect his domicile at the address communicated to the lessor in the rental agreement. Unless otherwise indicated, communications between the parties relating to the contract will take place at the e-mail address indicated by the customer.