General rental terms

1. Subject and parties

1.1 EasyAuto - sede centrale (the «Lessor») rents to the Customer (the «Customer»), without driver, the vehicle stated in this agreement (the «Vehicle»), which is registered for self-drive hire under article 84 of the Italian Highway Code. The agreement consists of the front page, with the «Price breakdown» and the «Terms of this rental», of these general terms and of the privacy notice (art. 15).

1.2 The Vehicle is delivered in good repair and fit for the agreed use (art. 1575 of the Civil Code), with its standard equipment, the equipment required by law (including reflective vest and warning triangle), the registration documents and the third-party liability insurance certificate. Its condition at pick-up is recorded in the report on the front page (art. 8).

1.3 The Customer is also responsible for compliance with this agreement by the additional drivers named in it, who must meet the same requirements (art. 2).

2. Driver requirements

2.1 The Vehicle may be driven only by persons named as drivers in the agreement who meet the minimum age and years of licence required for the Vehicle group and stated at booking, and who hold a driving licence valid for the Vehicle category.

2.2 A licence issued by a State outside the European Union or the European Economic Area must be accompanied, where required by article 135 of the Italian Highway Code, by an international driving permit or an official translation.

2.3 At pick-up the Customer shows a valid identity document, the original driving licence and, for the security deposit, a credit card in the Customer's name or the deposit amount in cash or by debit card. If requirements or documents are missing the Lessor may refuse to hand over the Vehicle, in which case the cancellation policy of the rate applies.

2.4 A surcharge may apply to drivers below the age set by the rate; it is shown in the «Price breakdown».

3. Duration, return and delays

3.1 The rental starts and ends on the date, hour and minute stated in the agreement. The Vehicle must be returned to the stated return station, during opening hours, in the condition in which it was received, save for normal wear and tear (art. 1590 of the Civil Code).

3.2 Unless otherwise authorised in writing by the Lessor, returning the Vehicle up to 59 minutes after the due time is free of charge. Beyond this grace period one rental day is charged, at the rate in force when the agreement was signed, for each period of 24 hours or part of it.

3.3 Returning the Vehicle to a station other than the one stated, without the Lessor's written authorisation, entails the one-way surcharge set by the rates in force and the documented costs of recovering the Vehicle.

3.4 Returning outside opening hours is possible only where allowed by the Lessor and entails the out-of-hours surcharge set by the rates in force. The Customer remains responsible for the Vehicle until staff check it when the station reopens (art. 8.2).

3.5 If the Vehicle is not returned by the due time and no extension has been agreed, the Lessor charges the daily rate in force for each day of delay, the documented costs of recovering the Vehicle and any further proven damage. If 24 hours after the due time the Customer has not been in touch, the Lessor may report the matter to the judicial authorities and take back possession of the Vehicle.

3.6 The rental may be extended only with the Lessor's consent, requested before the due time, at the rates in force.

4. Price and payment

4.1 The price is the one in the «Price breakdown», including VAT and the charges stated. It covers the rental for the agreed period, third-party liability insurance, the protections and services stated and the extras chosen by the Customer, and is calculated on periods of 24 hours from the start of the rental.

4.2 The price is paid at pick-up, for the part not already prepaid to the Lessor or to the booking intermediary. Amounts due at return (extra days, kilometres and fuel, surcharges, damage under art. 8) are calculated at the rates in force when the agreement was signed and documented to the Customer, who is entitled to a tax document for every amount paid.

4.3 Early return gives no right to a refund for the unused period, unless the rate provides otherwise.

5. Security deposit

5.1 As security for the obligations under this agreement the Customer provides a deposit of the amount stated on the front page: as a pre-authorisation on a credit card in the Customer's name, in which case the amount is blocked, not charged; or paid in cash, within the legal limits, or by debit card, in which case the amount is collected and held by the Lessor until return.

5.2 At return, after checking the Vehicle, the Lessor releases the pre-authorisation, or refunds the deposit paid by the same means, less the amounts due and documented under articles 4 and 8. For a pre-authorisation, the actual release time depends on the card issuer.

5.3 By signing the agreement the Customer authorises the Lessor to charge to the same card the amounts due and documented under the agreement; for damage, as set out in art. 8.3.

6. Fuel and mileage

6.1 The Vehicle is delivered with the fuel or charge level stated on the front page and must be returned according to the fuel policy in the «Terms of this rental». If the level at return is lower than required, the missing fuel and the refuelling service are charged at the prices of the rates in force.

6.2 If the rate includes a mileage limit, the extra kilometres are charged at the price per kilometre stated in the «Terms of this rental».

6.3 Damage caused by wrong fuelling is borne by the Customer (art. 7.3).

7. Third-party insurance and protections

7.1 The Vehicle is insured for third-party liability under Legislative Decree 209/2005, with limits not lower than those required by law. The Customer bears any amount the insurer recovers from the Lessor under the right of recourse provided by law or by the policy, where the event is attributable to the Customer or the driver.

7.2 The Customer is liable to the Lessor for damage to and theft of the Vehicle. Where included in the rate or purchased by the Customer, the protections (for example damage or theft waivers) limit this liability to the excess stated on the front page for each event. The protections are a partial waiver of the Lessor's claim, not an insurance contract. Without protections the Customer is liable for the full damage, up to the market value of the Vehicle at the time of the event according to current market valuations.

7.3 Unless a protection expressly includes them, the protections do not cover damage to the roof, underbody, interior and upholstery, tyres and punctures, battery, audio system and navigator, accessories and extras, cigarette lighter and luggage cover, damage caused by wrong fuelling, or the loss of keys and documents.

7.4 The protections do not apply, and the Customer is liable for the full damage, where the damage or theft results from wilful misconduct or gross negligence of the Customer or driver, from breach of the prohibitions in art. 9, from driving by a person not named in the agreement or, in case of theft, from failure to hand over keys and police report under art. 10.3.

7.5 Personal accident insurance (PAI), where offered, is a policy of an insurance company, with its own terms handed to the Customer before purchase.

8. Vehicle condition, damage and charges

8.1 At pick-up and return the Lessor and the Customer check the Vehicle together and record its condition in the report (kilometres, fuel, existing damage); the Customer may have remarks recorded. Unrecorded damage found before departure must be reported to the Lessor at once.

8.2 Where the check at return cannot take place in the Customer's presence (for example an out-of-hours return), the Lessor carries it out as soon as possible and records the outcome with dated photographs.

8.3 Before charging for damage the Lessor sends the Customer a written notice with a description of the damage, photographs and an estimate or quote for the repair, within the excess where the protections apply. The Customer may dispute the charge within 15 days of receipt, including by requesting an expert assessment; the card is charged after this period or after the reply to the dispute, and the final amount is documented by the repair invoice or the expert assessment. The Customer's right to assert their claims before the competent bodies is unaffected.

8.4 For each claim the administrative handling costs set by the rates in force are due.

8.5 If the Vehicle is returned in a condition requiring special cleaning, the cost set by the rates in force is charged.

9. Use of the Vehicle

The Customer shall keep and use the Vehicle with the care of a prudent person (art. 1587 of the Civil Code), in compliance with the Highway Code and the manufacturer's handbook, and look after its keys and documents. It is prohibited to:

A) drive while drunk or under the influence of drugs or of medicines that impair driving;

B) carry passengers or goods for payment, or sub-let the Vehicle;

C) carry illegal goods, or dangerous goods in breach of the rules;

D) take part in races, competitions or speed trials, or use the Vehicle for driving lessons;

E) use the Vehicle for illegal purposes;

F) tow vehicles or trailers without the Lessor's authorisation;

G) drive on unsuitable roads or on surfaces likely to damage the Vehicle;

H) let the Vehicle be driven by persons not named as drivers in the agreement;

I) leave Italian territory or take the Vehicle on ships or ferries without the Lessor's written authorisation;

J) sell, transfer or pledge the Vehicle, its parts or its accessories.

Repairs and maintenance must be authorised in advance by the Lessor, except urgent work needed for safety, which the Customer shall document. Breach of these prohibitions cancels the protections (art. 7.4) and obliges the Customer to compensate the damage.

10. Accidents, breakdowns and theft

10.1 In case of an accident the Customer informs the Lessor at once, fills in as far as possible the accident report form (CAI) kept in the Vehicle, collects the details of persons, vehicles and witnesses, makes no admission of liability without the Lessor's agreement and calls the police if there are injuries or the circumstances are disputed. The form and all documents are handed to the Lessor within 24 hours and in any case at return.

10.2 In case of breakdown the Customer informs the Lessor and follows its instructions for roadside assistance. If the breakdown is not attributable to the Customer, the Lessor arranges the repair or a replacement vehicle of a similar category subject to availability; if neither is possible, the price is reduced for the period not enjoyed. Assistance costs caused by the Customer (for example lost keys, running out of fuel or wrong fuel) are borne by the Customer.

10.3 In case of theft, including partial theft, or robbery the Customer reports it at once to the authorities and hands the original report to the Lessor within 24 hours, together with the Vehicle keys and documents. If the keys are not handed over the protections do not apply (art. 7.4), unless the Customer proves they were taken by violence or threat.

10.4 Loss of keys or documents must be reported to the Lessor at once; replacement and vehicle recovery costs are borne by the Customer.

11. Fines, tolls and restricted traffic zones

11.1 The Customer is liable for offences committed during the rental and for tolls, parking, restricted traffic zone access and other charges arising from the use of the Vehicle. For vehicles rented without driver, article 196 of the Italian Highway Code places joint liability on the renter.

11.2 On receiving a notice relating to the rental period, the Lessor provides the authorities, as required by law, with the details of the Customer and the driver so that the notice is served on them, and may charge for each communication the administrative costs set by the rates in force. Amounts paid by the Lessor on the Customer's behalf (for example tolls, towing or storage of the Vehicle) are charged with the relevant documentation.

12. Lessor's liability

12.1 The Lessor is liable for damage caused by defects of the Vehicle under articles 1578 and 1581 of the Civil Code and, in any case, for personal injury and for damage caused by its wilful misconduct or gross negligence, which no clause of this agreement limits.

12.2 Outside these cases the Lessor is not liable for damage caused by fortuitous events, force majeure, acts of third parties or improper use of the Vehicle, nor for indirect damage (for example missed flights or connections) caused by breakdowns not due to its fault.

12.3 The Lessor is not liable for goods left in the Vehicle, save for wilful misconduct or gross negligence. Items found are kept for 30 days at the Customer's disposal, who may collect them or have them shipped at their own expense; after that period they are deemed abandoned.

13. Bookings, cancellation and withdrawal

13.1 For contracts concluded at a distance (website, telephone, intermediaries) a consumer Customer has no 14-day right of withdrawal: article 59(1)(n) of the Italian Consumer Code excludes it for car rental services with a specific date or period of performance.

13.2 Cancellation, changes and no-show follow the policy of the rate stated at booking. For bookings made through an intermediary, its terms also apply to the payment and refund of amounts paid to it.

14. Governing law, jurisdiction, complaints

14.1 This agreement is governed by Italian law.

14.2 Disputes with a consumer Customer fall under the court of the consumer's place of residence or domicile (articles 33(2)(u) and 66-bis of the Italian Consumer Code). In all other cases the Court of the Lessor's registered office has exclusive jurisdiction.

14.3 Complaints are made in writing to the Lessor's contact details on the front page. A consumer Customer may also use the out-of-court dispute resolution procedures provided by articles 141 et seq. of the Italian Consumer Code.

14.4 This agreement may be changed only in writing. The invalidity of one clause does not affect the others.

14.5 In case of differences between this text and its translations, the Italian text prevails.

15. Privacy notice

The data controller is EasyAuto - sede centrale. Under articles 13 and 14 of Regulation (EU) 2016/679 (GDPR) the controller informs that it processes the identification and contact data of the Customer and drivers, identity document and driving licence data, payment data, data on the Vehicle and its use (kilometres, fuel, damage, claims, fines) and, for vehicles fitted with a satellite tracker, the Vehicle's location data, for these purposes:

A) concluding and performing the agreement and pre-contractual steps (booking, pick-up, return, charges, claims, assistance): legal basis art. 6(1)(b) GDPR;

B) complying with legal obligations, including tax and accounting obligations, providing the authorities with the driver's details for Highway Code offences and transmitting the Customer's data to the data centre of the Italian Public Security Department as required for vehicle rentals by article 17 of Decree-Law 113/2018: legal basis art. 6(1)(c) GDPR;

C) protecting the controller's rights and credit and preventing fraud, including by verifying the data provided, and locating the Vehicle to recover it in case of theft, failure to return or accident and for roadside assistance: legal basis the controller's legitimate interest, art. 6(1)(f) GDPR;

D) only with the Customer's consent, which is optional and may be withdrawn at any time: sending commercial communications and carrying out market research of the controller: legal basis art. 6(1)(a) GDPR.

Providing the data for purposes A and B is necessary: without it the agreement cannot be concluded. Data are processed by manual and electronic means by authorised persons and may be disclosed to: suppliers acting as processors (IT services, roadside assistance, repair shops, payment handling); booking intermediaries; insurance companies and loss adjusters; police, judicial authorities and bodies that detect offences; debt collection agencies and advisers. They are not published or transferred outside the European Economic Area, unless necessary and with the safeguards of articles 44-49 GDPR.

Retention: agreement data and accounting records for 10 years (art. 2220 of the Civil Code); data needed to protect rights until any dispute is settled; location data for the time strictly necessary for the purposes in letter C; data for purpose D until consent is withdrawn.

The Customer may ask the controller for access, rectification, erasure, restriction and portability of the data, object to processing based on legitimate interest and withdraw consent without affecting processing already carried out (articles 15-22 GDPR), by writing to the controller's contact details, and lodge a complaint with the Italian Data Protection Authority (www.garanteprivacy.it). No decisions are taken based solely on automated processing.