Read the terms of service
MELODIARENTCAR is hereinafter referred to as the “LESSOR”, which rents to
“LESSEE” hereinafter referred to as the “customer” the vehicle (including any replacement vehicle) in accordance with this Rental Agreement (hereinafter referred to as the “agreement” which incorporates its terms and conditions, as well as the particular information and conditions contained in the front of the Contract that the customer has signed. The rights and obligations contained in this Contract govern the use of the vehicle owned by the lessor by the Customer and are not transferable by the same to anyone. The Customer acknowledges that he is not the owner of any right in rem on the rented vehicle and on the supplied accessories and therefore, not to be able to dispose of it in any way, not even temporarily; therefore any attempt to transfer or sub-lease the vehicle by anyone, on behalf of third parties, is null. grants the Client the use of the vehicle only on the basis of the terms and conditions of this Agreement.The rental must be paid upon delivery of the car if it is not a prepaid rental by advance bank transfer with credit to the account before the start of the rental .
In the absence of even one of the general requirements for the rental, the lessor will not be able to proceed with the rental, without this giving the customer the right
to any claim, including restitution, indemnity or compensation.
1.2 DELIVERY OF THE VEHICLE: The lessor delivers to the customer a vehicle in perfect condition, complete with all the on-board equipment useful for circulation, photocopies of the certificate and the insurance sticker and the green insurance card, as well as all the other accessories that are shown in the models check/out•in, the vehicle booklet (which, in accordance with current legal provisions, is available in a certified photocopy inside the vehicle).
The state of the vehicle will be shown in the attached model “car appraisal sheet” which is an integral part of it attached to this rental contract. It will be the Customer’s responsibility to verify compliance, when taking charge of the vehicle, and return the vehicle to the same state. The vehicles owned by the lessor are equipped with compulsory civil insurance towards third parties (RCA) which is included in the rental fee. In the event of death, damage to people or things, personal injury, etc. caused by the use of the vehicle which involves a violation, by the Customer or by an authorized driver, of any of the terms and conditions of this Contract, or which is wrong, in any case, the Customer undertakes to reimburse the lessor all the sums that the latter will be required to pay to the insurance companies (passive deductible).
1.3 RETURN OF THE VEHICLE: The Customer undertakes to return the vehicle in the same conditions in which he rented it, even with the same fuel level as indicated in the rental contract in field n• 6, subject to normal wear and tear, with all the documents and on-board accessories, in the place, date and time indicated in this Contract at points 9 and 10. Upon return, the lessor will check the vehicle together with the Customer who will have to wait for our staff to be available to check the car. If the Customer, upon return, does not wait to check the condition of the rented car in the presence of our staff, he accepts that this check is carried out by our staff at a later time even in his absence, accepting the results. Failure to sign the part of the contract called “closure of the contract” or the attached model “Car appraisal sheet will be considered as acceptance of the verification of the condition of the car carried out by us. In the event of an unauthorized release in a place other than the one agreed, the Customer will pay a fixed penalty of €100 for taking the car back from us
+ € 2.00 per KM and the reference for determining the amount of the charge will be the distance between the place where the same damaged the vehicle, to the place where it is located, calculating round trip. In the event that the lessor had agreed with the Customer on the possibility of returning the vehicle and/or the need to recover it in a place other than a rental station of the lessor, the Customer will remain responsible for the vehicle until it is picked up by the landlord. The costs relating to the rental are calculated on the basis of periods of 24 hours from the beginning of the rental. There is a maximum tolerance of 90 minutes beyond which an extra day of rental will be charged at the rate chosen by the lessor, including charges for all subscribed options, for each day in which the vehicle is late, in case of extension of the unauthorized rental, the customer will have to pay a penalty in addition to the additional rental days. The Renter agrees that the lessor is authorized to charge a reasonable additional cost if the vehicle requires more than ordinary maintenance upon return to restore normal pre-rental conditions. Each service or accessory requested by the Customer as an extra with respect to the car rental and/or for the purchase of liability reductions gives rise to an additional cost as per point 6.1.4 DELAYEO CHARGE: In compliance with the legislation on international financial circuits, in subject of attribution of responsibility, the customer will be charged for all expenses not known at the time of collection of the vehicle but detected upon return of the car or subsequently, (so-called “Delayed Charge”). Acceptance of the Delayed Charge is expressly indicated in the individual rental agreement and signed by the customer under ·Authorisation for Delayed Charges•; the following types of expenses fall within the scope of the Delayed Charge: fines, parking, motorway tolls, refuelling, damage to the vehicle, loss and/or damage and/or theft of all vehicle accessories, loss and/or damage and/or theft of the insurance mark, keys and/or license plates, seizure and deposit of the vehicle and in any case to cover all contractual obligations.
2. CUSTOMER’S OBLIGATIONS AND OPTIONS: A) Only the Customer or another person is authorized to drive the vehicle as indicated in the rental agreement in fields 02 and 05, with prior authorization from the lessor in the note to the Agreement (Second-driver) . The Customer undertakes not to drive or use the vehicle and not to allow and/or tolerate that others drive or use it for a purpose other than the following contractual clauses, not to drive the vehicle while in a state of intoxication or unconsciousness, or under the influence of alcohol and/or drugs and/or substances which alter the psycho-physical conditions in contrast with the rules of the highway code; In order to be authorized to drive, the driver(s) must meet the following requirements: B) Be in possession of a valid driving license issued at least 24 months ago; for Italians. For foreigners, the driving license of the country of residence must be combined with the passport. These documents must be fully legible, if not, they must be matched by an international driving licence. C) Be at least 21 years old. C) For assigned vehicles belonging to all groups A and B, the “Young age” surcharge is applied to drivers between the ages of 21 and 24, for all vehicles in groups C to drivers between the ages of 22 and 26, for all vehicles belonging to groups D2 and V1 to drivers aged between 25 and 29 years. It is not possible to rent a vehicle from a specific group if you are neither within the minimum age nor within the age for application of the “Young Age” surcharge. The local rental station reserves the right to refuse the rental to the Client under the minimum age. The Renter will be responsible for the value of all losses and costs that the lessor will incur in the event of damage or theft of the vehicle, loss of its parts or accessories, loss of rental income to be calculated at the current price, towing costs, storage and will be subject to the charge of the value of the damage pursuant to and by effect of article 1588.
If one of the situations described above also occurs, an administrative cost of € 50 will also be charged, in addition to any damage from loss of profit deriving from technical stoppages or a sum determined according to the official rates in force, equal to the amount due if the rental continued for a period equal to the time necessary for the execution of the repairs and the procurement of spare parts. The Customer must take care of the vehicle, make sure it is locked and activate all the safety devices with which the vehicle is provided. He must use the vehicle safely, use the baby seal and seat belts and observe the rules of the Highway Code. The Customer must put fuel suitable for the engine of the rented car, take care of the ordinary maintenance of the vehicle and check the levels of lubricants and brake oil. In the event of problems due to accidents or mechanical breakdowns, the Client must contact the lessor at the number indicated in the contract or provided by the operator at the desk when renting the vehicle. No one can service or repair the motor vehicle without prior permission from the lessor. 3. OBLIGATIONS AND RIGHTS OF THE LESSOR: The Renter is authorized to drive the vehicle under the conditions specified in point 5.8 and in point 2 above. If the Renter does not comply with these conditions, the lessor will hold him expressly responsible for any damage or expense suffered due to his breach of contract, in addition he may lose the benefit of any reduction in compensation penalties or insurance coverage chosen by him. The lessor reserves the right to repossess the vehicle at any time at the expense of the Customer, if the latter violates this Agreement. The Lessor is not liable to the Renter or to authorized drivers or third parties transported for loss of or damage to personal property left in the vehicle during or after the rental period The Lessor is not liable to the Renter or third parties for any loss or damage arising from the rental; in particular, it is not responsible for damages of any nature, including economic damage, suffered by the Customer or by third parties to persons or goods as a direct or direct consequence of vehicle malfunctions or road accidents caused by manufacturing defects. The lessor is in no way responsible for any indirect or unforeseeable loss or damage, including lost profits and consequential damages. The lessor is not liable for death or personal injury resulting from acts or omissions or any other liability that is not imposed by law. The lessor undertakes to reimburse the customer for the sums he has spent for repairs due to vehicle breakdowns provided that the same have been previously authorized and are shown on the invoice duly made out to the lessor. These costs will only be reimbursed if the failure was not caused by the customer. It is at the sole discretion of the lessor and at his discretion to provide a replacement car to the customer who has suffered a total or partial theft of the car or an accident unless the customer pledges an amount equal to the real value of the replacement car itself. 4. ADDITIONAL GUARANTEES: 4.1 With this signature, the Customer accepts and signs the basic limitations of the RCA policy: his liability for the loss of the vehicle, its parts or accessories, due to theft, attempted theft, partial or total fire, for external damage to the vehicle, its parts or accessories due to causes other than theft, attempted theft, partial or total fire, it is at its full expense, and the amount of compensation will be made on the spot by a professional in the sector to whom the lessor will go to trust. 4.2 There is an ancillary insurance formula, called KASKO, which frees the customer from liability in the event of loss of the vehicle, its parts or accessories, due to theft, attempted theft, partial or total fire, external damage to the vehicle, its parts or accessories for reasons other than theft, attempted theft, partial or total fire, foreseen after the payment of an additional fee agreed at the time of signing the contract with the Lessor. 4.5 Even in case of purchase of the KASKO options or simply with the RCA basic options, the customer is always responsible for the entire repair cost in case of damage to tyres, glassware, car roof, wheel rims, rim covers, damage to the underbody and to the chassis, airbags and internal parts of the vehicle and in the event of mechanical damage and administrative costs of € 50. 4.6 Drivers have no accident or death protection policy other than the one included in the RCA if provided. 5. LOSS OF VEHICLE KEYS: In the event that the customer leaves the keys inside the vehicle, locking it, he will have to pay all expenses incurred for opening and recovering the same. However, the cost of the damage estimate will remain the exclusive responsibility of the customer. If the customer requests the second key locally due to loss upon opening the car, in addition to any cost of the lost key, he will pay € 1.00 per KM and the reference for determining the amount of the charge will be the distance between the place where the same has rented the car, to the place where the same is located calculating round trip 6. WRONG REFUELING: In case of introduction of fuel unsuitable for the motor vehicle engine, the customer is responsible for all damages occurred and the expenses incurred for the eventual recovery of the vehicle. therefore he will be required to pay the payment even if he has signed the KASKO accessory guarantees. 6.1 ENGINEERING STOP – INFRINGEMENT OF THE ROAD CODE: 6.2 In the event of damage to the rented car as a result of any infringement of the highway code by the customer or in the non-compliance with the obligations referred to in point 2 – A) above, even in the event of purchasing the KASKO options or simply with the basic RCA options. the customer will be obliged to compensate the lessor for the entire cost of the repairs. 6.3 ABSENCE OF DECLARATION OR PARTIAL DECLARATION: In the event of an accident with another car, or independent damage, the customer is obliged to issue a detailed statement regarding the events that led to the damage to the car. In the absence of this declaration regarding the events, and/or partial declaration and/or incomplete compilation of the CAI model and/or regular complaint filed with the competent authorities (for damages deriving from total/partial theft, total/partial fire, vandalism damage to locks). the customer remains responsible for the entire value of all damages caused to the vehicle, thus disregarding the limit charged as a penalty or the signing of the ancillary guarantees.
6.4 SCRATCHES FROM VEGETATION: The customer is responsible for any damage caused by vegetation, even if he has signed one of the accessory guarantees. Such damages can be assimilated to the customer’s negligence in driving the car on country roads or in places where vegetation can cause scratches or damage to the vehicle. The customer must compensate the lessor for all damages caused. 5.4 WILLFUL OR GROSS NEGLIGENCE: In the event of damage to the vehicle and where non-compliance with the Highway Code or gross negligence of the customer/driver has been ascertained, or where non-compliance with the conditions of use of the vehicle governed by this Contract has been ascertained, the canceled any coverage that the Customer has from the undersigned such as the ancillary guarantees. The customer will have to compensate the lessor for the full amount of the damages caused. 6.5 USE OF THE VEHICLE It is expressly forbidden to use the vehicle in the following cases: to transport passengers and/or goods and for sub-hire, to tow or push other vehicles, trailers or other things, go off-road, circulate on dirt roads or on roads unsuitable for the vehicle, when overloaded or with loads not properly secured, to transport anything or substance which, due to its condition and smell, could damage the vehicle and/or delay the possibility of re-hire, to participate in races, tests, races or other competitions, in violation of the highway code or other regulations, for any illegal purpose, for circulation in prohibited areas, for driving school, in violation of driving requirements. The Customer is authorized to circulate only in Sicily, circulation outside this region requires specific authorization from the lessor. In case of circulation of the vehicle in unauthorized regions and/or countries, the customer assumes full responsibility, he will be charged for any costs deriving from the recovery of the vehicle, damage, theft and necessary hospitalization. Improper use of the vehicle will void the ancillary warranties. It is forbidden to smoke inside the passenger compartment of the car, the customer will be held responsible in the event of damage to the upholstery from burns. If you smell smoke inside the car, you will be charged a fixed cost for re-sanitizing the passenger compartment as per the table in point 6. 6.6 DAMAGES FROM VANDAL ACT: The customer is responsible for any damage attributable to vandalism in how much the same is equated to damage to the rented car. 6.7 CLAIMS WITH THE COUNTERPARTY: The customer is always liable for any damage to the rented vehicle, within the limits of his liability deriving from the signing of the ancillary guarantees, even in the event of an accident with the counterparty, whatever the nature of the passive or active claim. 6.8 UNAUTHORIZED DRIVING: As per the rental conditions, the driving of the vehicle is expressly forbidden to drivers not authorized by the lessor. In the event of any damage to the vehicle caused by unauthorized driving, the customer will be held responsible for the entirety of the damage to the vehicle, in addition to the cost of € 50.00 administrative costs and any damage from technical stoppages, regardless from the signing of the accessory guarantees purchased. 6. 5.9 CHARGES AND ADDITIONAL COSTS: The charges indicated in the Contract reflect the use of the vehicle as agreed between the lessor and the customer at the beginning of the rental and include the basic rental fee, charges for optional or complementary services chosen by the Customer and taxes. All charges are calculated based on current rates. If the Customer returns the vehicle with less fuel than when he picked up the vehicle, he will be charged, in addition to the amount of the missing quantity, also an amount called “Refueling service” equal to € 20. In the event of non-payment of any of the charges due to the lessor pursuant to this Agreement, the lessor reserves the right to charge default interest in addition to the unpaid charges at the rate, from time to time in effect, increased by 5 points. Non-compliance with the obligations referred to in point 5, 2-A and in general all charges relating to damage or partial theft, causal to the vehicle, include the costs of administrative expenses € 50.00, in addition to any damage arising from technical stoppage, relating to the period of time necessary for carrying out the repairs and obtaining spare parts or a sum determined according to the official rates in force, equal to the amount due if the rental continued for a period equal to the time necessary for the execution of repairs and the procurement of spare parts.
6) The cost of some extra accessories, the costs in the event of non-delivery or damage to them and some penalties are shown below: additional driver €7 per day; Young Guide €10 per day; Gps € 5 per day, in case of damage, theft or fire of the same a penalty of € 150 will be applied; Child seat € 5 per day for rental, in case of damage, theft or fire of the same, a penalty of € 80 will be applied; in case of return of the same in poor hygienic conditions, a penalty of € 20 will be applied for washing: Increase of € 15 per rental, in case of damage. theft or fire of the same will be applied but a penalty of € 100; in case of return of the same in poor hygienic conditions, a penalty of € 20 will be applied for washing; Chains € 5 per day, in case of damage, theft or fire of the same a penalty of € 100 will be applied; Unauthorized collection and delivery of the car, fixed penalty of €100 + €2.00 per KM, calculating round trip; On-site assistance not due fixed penalty of € 100 + € 1.00 per KM calculating round trip; After hours service €30, office hours 08:00 AM
– 9:00 PM; Refueling service € 30; External washing € 20; Interior cleaning € 30; Administrative costs for receipt of fines € 50; Loss or deterioration of the key €300; Sanitization €80; Transport of animals €80; Loss or deterioration of license plate €350; No smoking in the car €80; Rental refused for lack of requirements € 30; Unauthorized rental extension penalty € 100. 7. THEFT – FIRE – ACCIDENTS: The Customer must, where possible, report any loss or theft of the vehicle immediately to the competent Authorities and to the Lessor within 24 hours of the event or discovery of the event . If, in the event of an accident and/or theft and/or fire and/or arrest of the vehicle, the customer requests its replacement, the lessor may avail himself of the right not to proceed further with the execution of the contract, since such events are found to be a just cause of dissolution of the relationship. If the lessor makes use of the aforementioned option, he waives the right to payment of the rental rate for the remaining contractual period. 7.1 THEFT BY FIRE: In the event of total/partial theft or total/partial fire of the vehicle, the Client must deliver to the lessor 2 copies of the original of the report submitted to the competent authorities and the key, plus a signed statement of the incident, no later than more than 3 working days from such event. After 3 working days in the absence of receipt of the theft report and the vehicle keys, the Contract will remain open and the days will be charged to the Customer until the original delivery of the report. In the event of failure to deliver the original copies of the complaint and the key within 15 working days from the date of the event. the Customer will be charged an indemnity equal to the commercial value of the vehicle at the time of the theft. Failure to return the keys, in cases of theft also caused by proven negligence of the Customer, will result in the charge for compensation of the commercial value of the Vehicle at the time of the theft. 7.2 ACCIDENT OR AUTONOMOUS ACCIDENT: The Customer must notify us of any active or passive road accident, independent accident or damage of any kind within 24 hours of the accident or the discovery of the accident, regardless of the cause and method. In the event of any damage (even if minimal), occurring to the vehicle, the customer is obliged to immediately inform the counter staff of the office where the vehicle was picked up, and to issue a detailed written declaration concerning the events that happened. In the event of a collision with the counterparty, the customer remains liable for the entire value of all damages caused to the vehicle within the limits of the contractual deductible, regardless of the type of passive or active claim. The Client must not admit any liability, settle any claims or accept any waivers in the event of an accident, but must obtain the names and addresses of all persons involved, including witnesses. The Renter undertakes to cooperate with the lessor and the relevant insurance company in any investigation or subsequent legal proceeding arising out of the loss of or damage to the vehicle. 7.2.1 PROCEDURE IN THE EVENT OF AN ACCIDENT: In the event of an accident, the client is obliged: A) To immediately inform the lessor by sending him, within the next 24 hours, a detailed report and sign it; B) Fill in the accident report (CAI) in all its parts, sign it and have it signed by the other party, taking note of the names, addresses and telephone numbers of the parties and witnesses, the license plate numbers of all other vehicles involved, data relating to the insurance and ownership of these vehicles; C) Provide the lessor with any other useful information; D) Follow the instructions that the lessor will provide regarding the custody and/or repairs of the vehicle. 8. TOLL FINES AND ROAD FINANCES: The Customer has full responsibility for all road tolls, fines or other consequences due to traffic violations, parking restrictions, non-payment of parking where applicable, or violation of any other provision of law or regulation during the rental. The Renter authorizes the lessor from the moment he receives the notification even after the closure of the rental agreement, to charge him also by credit card a reasonable administrative cost of € 50, in addition to the amount of the notified fine, for the receipt and management of each practice regardless of any previous payment of the deed by the customer or even of any objection by the customer to the tax authorities. 9. CLAIMS: If any provision of this Agreement is held to be invalid, unlawful or unenforceable (in whole or in part) under applicable law, such provision or portion thereof shall be deemed not to form part of this Agreement, but the remainder of the Agreement will continue in full force and effect. No modifications can be made to these conditions without the written consent of one of our representatives of RENTCAR-SICILY entitled to do so. Any complaint to be submitted to the lessor must be received in writing no later than 30 days from the end of the rental, any disputes relating to charges of any kind made by the lessor can only be advanced after payment of the same also to the following address rentcarsicily2022@gmail .com 10. LOCATION: By signing the rental agreement, the Client expressly and without reservation authorizes the Lessor, or another person appointed by the same, to remotely monitor the correct use and functioning of the rented vehicle through satellite alarm systems. 11. LANGUAGE: The Italian text of these general contract conditions prevails, in case of diversity, over the English text, because it expresses the exact will of the parties. 12. APPLICABLE LAW AND COMPETENT COURT This Agreement is governed by Italian law. All disputes that may arise relating to the validity and/or interpretation and/or execution and/or termination of the Terms and Conditions will be the jurisdiction of the Court of the place where the Customer picked up the Vehicle, if the Customer is not a “Consumer pursuant to Legislative Decree no. 206/2005; the Court of the place where the Consumer has his residence or has elected domicile, if the Customer is a “Consumer” pursuant to Legislative Decree no. 206J2005. 13. PRIVACY INFORMATION FOR CUSTOMERS: in relation to the privacy information for customers regulated by Article 13 of EU regulation 679/2016 – GENERAL REGULATION ON DATA PROTECTION, please refer to the provisions of the annex called A P which is an integral part of the contract rental and that a copy is delivered to the customer.