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General Terms & Conditions

CAR RENTAL SERVICE with DRIVER

1) Definition:
With the description car rental service with driver what is intended is the conclusion of a transport contract and therewith the hiring of an automobile with driver for a fee, and that for a certain route (ride) or for a certain time (journey). In order to be able to undertake this activity, one has to be in possession of the compulsory concession/licence/permit.

2) Scope of service:
The service includes the provision for usage of a vehicle including driver for a fee and with the purpose of providing a ride or carrying out a journey, in other words transport. Any special services will be treated on a case by case basis upon receipt of - and confirmation of order and will be precisely defined (e.g. the need for children's car seats...) and these services will be customised to suit the specific requirements in written form and become valid and take effect upon the signing of the order confirmation by the lessor. At any rate the supervision of guests (independent of whether they are of legal age or not), animals and goods/luggage as well as any other services over and above the execution of the transport (e.g.: border entry, visa, customs regulations etc.) are excluded from the scope of the service.  The lessor explicitly reserves the right to implement changes to the service if these are based upon objective grounds; changes in the scope of service on the part of the guest or contracting person require the written approval of the lessor.

3) Payment/Rate:
The payment for the service is agreed and set in writing directly between the lessor and the guest and requires the written confirmation on the part of the lessor. In the case where no other written agreement has been made, payment is required upon receipt of invoice (and therewith payable at sight); for delayed payments the statutory rate of interest on arrears is applied. In case of a trip or journey which lasts several days, a deposit is payable upon order confirmation. Unless otherwise agreed, petrol, motorway fees and tolls, parking charges are included in the rate, excluding any extra tolls over and beyond those considered normal (e.g. tolls for use of high alpine roads), any entry taxes into cities, expenses in relation to driver overnight stays and meals. Where the fuel price changes by 10% or more then there will be a percentage adjustment of the rate in proportion to those changes in price.

4) Withdrawal from the contract:
The contracting person can withdraw from the contract, even without the provision of a reason, but he is obliged to pay the following compensation to the lessor, and at any rate to keep the lessor free from any loss or damage if and when he can prove a higher level of loss:

30 - 15 days: 10 %

15 days - 8 days: 20%

7 days to 1 day before departure 50%

less than 24 hours: 80 %.

The lessor can withdraw from the contract gratuitously on valid grounds.

5) Liability:
The lessor is liable for legal care and for the proper execution of the transport contract and declares to hold insurance to that effect. The liability and any ensuing compensation on the part of the lessor/driver is limited to the threefold pro-rata transport charge. The lessor assumes no liability for damage to persons or goods, due to the culpable behaviour (intentional or negligent) of the guest, or those due to force majeure or coincidence etc. In case of delay (e.g.: the flight is missed as a result) the lessor is only liable where there was wilful intent or gross negligence; under no circumstances is the lessor liable for cases of force majeure (traffic,...) or coincidence, late arrival of the guest at departure or similar, for technical defects of the vehicle etc. For transfers and similar, the lessor will suggest a reasonable time of departure which also allow for traffic etc. so that arrival at the airport etc. already has a reasonable amount of leeway included - but should it so happen that the transfer still does not arrive punctually at the destination and as a result e.g. the flight is missed, then the lessor cannot be made liable in such a case.  

6) Conduct of the travel guest:
The travel guests are obliged to strictly abide by the law (seat belt requirement…) and the instructions of the driver (and any other of the lessor's personnel). Whoever doesn't abide by these instructions, could be excluded from the transport without any rights of regress, including the reimbursement of the paid price. Neither the driver, the other travel guests nor the vehicle and/or third parties are allowed to be brought into danger. Alcohol, consumption of drugs, smoking etc. is strictly forbidden, the driver is entitled to exclude from the transport any travel guests who are intoxicated etc. and prohibit same persons from gaining entry to the vehicle. The same is valid for damage inflicted to the vehicle by a transport guest, who, in addition, is obliged to cover any repair costs as well as any criminal charges due to damage to property. Should a fine be imposed on the driver or lessor due to the misconduct of the guest, then this has to be reimbursed by the guest or person who placed the order. The legal mandatory rest periods for the driver must be strictly adhered to, without the travel guests having any rights of protest to that effect.

7) Jurisdiction and governing law:
For any disputes, which occur in relation to the transport contract, the parties oblige themselves to avail of the services of the mediation services at the Chamber of Commerce in Bozen (procedural safeguards – condizione di procedibilità) and only in the case that no solution can be attained, can a court claim be applied for, and here the appointed court of jurisdiction is the Justice of the Peace in Meran i.e. the Regional Court in Bozen – Meran branch. The transport contract is subject to Italian law (ital. Civil Code, state, regional and provincial laws).

8) Privacy:
The parties declare pursuant to Law Nr. 675/96 and subsequent amendments, that their data will only be used in conjunction with the implementation of this transport contract, and the travel guest/contracting person are in full agreement with this.


 __________________             ___________________
 The contracting person         The lessor


Pursuant to and in accordance with art. 1341 et seq. Civil Code the contracting person declares to have carefully read and understood the following clauses and to accept and adopt them unconditionally. 3,4,5,6,7.


__________________             ___________________
The contracting person             The lessor


Bozen, on the ____________

 

IMPORTANT (REGULATION (EU) No 524/2013)

European commission's platform - Online Dispute Resolution: www.ec.europa.eu/consumers/odr

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