The rental of vehicles by the company FA.ST. S.r.l. (hereinafter, the "Lessor") is governed by these general rental conditions (hereinafter, the "General Rental Conditions"), including the Privacy Policy, the rental agreement (hereinafter, the "Rental Agreement "Or the" Contract ") signed by the customer (hereinafter, the" Customer "or the" Lessee ") at the time of the rental of a vehicle (hereinafter, the" Vehicle "), of the Tariff in force at the time of signing the same Rental Letter (published online on the website www.fastsrlfg.it) and the Damage Policy. The Customer declares to have viewed all the aforementioned documents (hereinafter, collectively, the "Contractual Documentation") and to have taken full and complete knowledge of them.
The Customer, by signing the Rental Agreement, declares to have read and accepted the General Rental Conditions and to specifically approve the following articles: Art. 2 (Methods and times for booking and payment of the rental), Art. 5 (Circulation of the Vehicle and conditions of use), Art. 6 (Taking delivery and return of the Vehicle), Art. 7 (Liability of the Customer), Art. 8 (Contract in the name and / or on behalf of a third party and jointly and severally liable), Art. 10 (Charges), Art. 11 (Use of satellite devices), Art. 12 (Termination clause), Art. 14. (Contractual amendments), Art. 15 (Applicable law and exclusive court), Art. 16 (Translation ), Art. 17 (Interpretation), Art. 18 (Domicile and communications).
General Rental Conditions
Art. 1 Driving the vehicle and accessibility to the rental.
Both the Customer, as the holder of the Rental Agreement, and each driver authorized to drive the vehicle identified in the Rental Agreement, must comply with the identification and qualification formalities required by the Lessor, providing, in order to extract a copy, a document of valid identity. Each driver of the Vehicle undertakes not to provide false information regarding their personal details, age, residence or domicile address, telephone number and e-mail address, as well as about the possession of all the legal requirements for driving license .
Both the Customer and each authorized driver must be at least 19 years old and in possession of a valid driving license from an EU / EFTA country that qualifies the type of vehicle rented, issued for at least 12 months, which must be shown, in order to extract a copy. Customers residing in a non-EU country must have a driving license from their country of origin and a driving license valid 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 depending on 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. For more details on the accepted credit cards, you can consult the Rate List published on the website www.fastsrlfg.it. In the event of a 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 card holder in the Rental Letter who will become the new holder of the Rental contract and first driver. , while the Original Customer will be referred to as the second driver. In any case, the Lessor has the right to refuse the conclusion of the Lease Agreement at its free and unquestionable discretion, without the obligation to give any reason to the Lessee.
Art. 2 Methods and times for booking and payment of the rental.
The rental payment is made with the main credit cards, debit cards, debit cards, in cash or through other payment methods previously agreed with the Lessor in writing. Except in the case of rental with a "Prepaid" or "Payment Card" online payment method ("Pay now" option), the balance of the rent must be paid by the deadline for returning the Vehicle. Reservations are accepted only on the basis of the category of Vehicle to which the one selected by the Customer belongs; the 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 vehicle booked, the Lessor reserves the right to replace it with another one of a corresponding or higher category; in case of unavailability of the latter too, the replacement will take place with a vehicle of a lower category but with consequent recalculation of the tariff. In the event of absolute unwillingness to assign a Vehicle, or in the event of the Customer's opposition to accepting a Vehicle other than the category booked, the Lessor's only charge will be that of returning the amount paid by the Customer up to that moment 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.
Any changes requested by the Customer regarding rentals booked on the website www.fastsrlfg.it or through the FA.ST Booking Center. srl, are subject to availability and must be agreed in advance with the Lessor. Extension requests are not allowed that involve the availability of the same vehicle for periods longer than 30 days.
Bookings made on the Lessor's website (www.fastsrlfg.it), which take advantage of the special rate with the "Pay now" payment method, will result in the full cost of the rental being charged to the indicated payment card at the time of booking. by the Customer. The Customer can cancel a reservation of this type without any additional charge for him up to 48 hours from the date of expected collection of the vehicle. To qualify for any refunds, the Customer may contact Customer Service through the appropriate channels and tools. On the other hand, the amount paid online for the rental is not refundable in the event of cancellation of the reservation within 48 hours prior to the expected withdrawal, nor in the case of a booking with collection of the vehicle within 48 hours following the request, nor in the case of "no show "(non-collection by the Customer on the scheduled pick-up date / time), nor in the event of lack of the requirements for accessibility to the rental. Alternatively, you can use the "Payment at the counter" option ("Pay on collection") available on the Lessor's website (www.fastsrlfg.it).
The FA.ST. srl undertakes to honor the bookings accepted when the customer shows up at the counter on the day and time confirmed, with a maximum tolerance of 1 hour. If the customer arrives beyond the expected tolerance, FA.ST. srl will no longer be required to deliver the vehicle. In case of collection of the vehicle outside office hours, published on the website www.fastsrlfg.it, the "Out of Hours / Out Of Hours" service will be applied, as indicated in the Price List. Likewise, the "Out of Hours / Out Of Hours" service can be applied for deliveries outside office hours. The "Out of Hours / Out of Hours" service is subject to confirmation and can be requested by contacting the Booking Center directly.
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 Rate List (for more details see the online section "Security deposits", available on the website www.fastsrlfg.it).
The purchase of any product or accessory service is optional and left to the discretion and voluntary nature of the Customer. The prices and features of the extra services offered by the Lessor can be found in the Rate List published on the website www.fastsrlfg.it.
The Customer, by signing the Rental Agreement, also authorizes the Lessor to charge the credit card presented for the deposit / guarantee of the rental the amounts corresponding to the rental fees considered in full (e.g. excess km, extra days, etc. ), to the damages found on delivery, to the deductibles, to the penalties and to any expenses that may be encountered after the return of the Vehicle (e.g. management service and re-notification of fines, motorway tolls, management costs for accidents and / or damages to the Vehicle, etc.). The Lessor has the right to ask the Customer for a deposit other than the credit card or supplement the same with another guarantee. Any further deposit, which will not be counted in the rent account of the Customer and which will not produce any type of interest, will be returned on termination for any reason of the lease, reduced by what the Customer may be indebted 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 commercial activity within the airport area, and cannot be declined.
Art. 3 Insurance R.C.A.
Each vehicle is covered by R.C.A. in accordance with the laws in force, which guarantees the insurance coverage of Civil Liability towards third parties with reference to people, things (excluding those transported) and animals. The transported on the Vehicle of the Lessor is equivalent to the third party.
In the event of an accident, the Customer must fill in with the counterpart the Friendly Accident Report (C.A.I.) form available in the Vehicle and send it to the nearest Lessor's agency (hereinafter, the "Agency") within 24 hours of the event. , or deliver it together with the return of the Vehicle if this occurs within the same period of 24 hours from the event. The amicable accident report form must be duly completed in all its parts, in order to make the dynamics of the event clear and without a shadow of a doubt. 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 returning the Vehicle, explicitly declare (and in writing) to not having suffered or caused any event.
Art. 4 Refueling.
The Customer is required to return the Vehicle with the same amount of fuel present at the start of the rental, unless he has purchased the "Full Prepaid" option. Alternatively, in case of non-refueling by the Customer, the Lessor will charge the Customer the cost of the "Refueling" service indicated in the Price List and the cost of the missing fuel liters, calculated at the price indicated in the Rental Agreement.
Art. 5 Vehicle circulation and conditions of use.
The Customer undertakes to keep and use the Vehicle with the utmost care and diligence, in compliance with the destination and the characteristics indicated in the registration certificate and within the limits established by law, as well as:
(I) not to sublease or rent the Vehicle;
(II) not to entrust the driving of the vehicle to persons other than those authorized in the Rental Agreement;
(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 fluids and making appropriate top-ups where necessary;
(VI) not to drive the Vehicle under the influence of drugs, narcotics, alcohol or intoxicants or other substances capable of impairing 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 inside the passenger compartment in evidence and, in general, doing everything necessary to ensure the best safety of the asset owned by the Lessor;
(VIII) to circulate the vehicle, as well as in Italy, exclusively in European Union countries, 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 “Carta Verde” (international insurance certificate), delivered together with the accompanying documents of the vehicle, does not constitute authorization in this sense, but completion of the documents. In the event of transit in the countries where the Customer has undertaken not to circulate the Vehicle, the insurance coverage and the limitation and exclusion agreements will no longer be effective and any costs the Lessor may incur due to non-compliance with the commitment. assumed will remain the responsibility of the Customer (including any costs of stopping the vehicle or repatriation), who must indemnify him for the amount due, in addition to the penalty for "Unauthorized overseas traffic" indicated in the Tariff;
(IX) not to use the Vehicle for the transport of contraband goods, explosive or polluting material or for any other transport in violation of laws or regulations;
(X) not to use the Vehicle for competitions of any kind, whether sporting or not, or for tests of routes, even in motor racing circuits, as well as to give driving lessons or to practice the same;
(XI) not to use the Vehicle on bad roads or roads unsuitable for its technical characteristics;
(XII) not to use the Vehicle to push or tow another 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 being notified to the Lessee by any Authority and with reference to the Vehicle during the rental period. The Lessor reserves the right to take possession of the Vehicle in any place and time in the event of violation of the provisions of this Art. 5;
(XV) not to transport animals, substances and anything else which, due to its condition / odor, could 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 a fee, of people or things, except in the latter case for commercial vehicles;
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 Renter 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 compliance with the agreed use.
The Renter 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 Agreement, in the same conditions in which it was delivered, cleaning included, except for 'wear in proportion to the duration of the rental and the mileage traveled. Upon delivery, the Lessee has the responsibility of verifying, in contradiction 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 a failure to jointly check, the Customer expressly authorizes the Lessor from now on to charge for 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 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 purpose of determining the fee and for of the liability connected with the possession of the Vehicle itself (by way of example and not exhaustively, in relation to damage of any kind, total or partial theft and / or fire, failure to refuel, etc.).
In the event of failure to return the Vehicle in the places and times indicated in the Rental Agreement (or after 59 minutes beyond the deadline established therein for the return), the Customer undertakes to pay, as a penalty, a sum equal to the "Rate Standard "daily rental of the Vehicle (see the online section" Tariff "on the website www.fastsrlfg.it) for each day of delay until delivery, except in any case for greater damage, unless a written authorization has been issued by the Lessor to the continuation of the rental. In this case, the previously agreed rate will be due until the end of the authorized period; after this deadline, the aforementioned penalty will be applied again. For rates subject to time limits (eg weekends, holidays, promotions), once the grace period has elapsed, the possibility of applying these rates will lapse and the entire rental will be charged at the "Standard Rate" for daily rental. In the event of failure to return the Vehicle to the place indicated in the Rental Agreement, but in any case at an Agency of the Lessor, the commissions provided therein for the "One Way" rental (one-way trip) are applied. In any case, the Customer undertakes to pay the amount indicated in the Rate List as a penalty.
In the event of a breakdown or a 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 for the Lessor and without prejudice to the latter's right, to its sole discretion, not to grant a replacement Vehicle in the event of the 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 lower or higher category vehicle may be delivered to the customer, applying the reductions and surcharges provided according to the methods indicated in the price list. The replacement of the Vehicle is included in the rental fee except in the case of breakdowns due to the Customer's own actions or due to willful misconduct or fault of the Renter himself.
In the event of failure to return the accompanying documents to the Vehicle and / or the license plate, the Customer undertakes to pay, as a penalty, the sum indicated in the Rental Agreement, without prejudice to compensation for the related expenses and further damage. In the event of failure to return the keys of the Vehicle, whatever the cause, and even if the Vehicle has been returned, the Customer is required to pay, as a penalty, the sum indicated in the Rental Agreement, without prejudice to greater damage. In the event of failure to return or damage the standard and additional accessories of the Vehicle, whatever the cause, the Customer is required to pay, as a penalty, a sum whose amount is indicated in the Price List and in the Rental Agreement, subject 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 10 days from the date of delivery of the Vehicle and / or closure of the Rental Agreement. The Customer, therefore, acknowledges as of now 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 failure to 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 Agreement, no refunds will be made for the unused days and hours of rental.
Art. 7 Customer Responsibilities.
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, parking costs and in general of the sums related to the use of the Vehicle during the rental period and undertakes to reimburse any sums anticipated in this capacity, including the postal and administrative costs necessary for the reimbursement request.
The Customer hereby authorizes the Lessor to also charge the management cost of any administrative practice connected to such requests and the management and re-notification of the minutes. The possibility for the Customer to demonstrate that the aforementioned breaches and / or damage to the vehicle are always and in any case subject to reasons not attributable to him. In any case, this clause does not reverse the burden of proof nor does it preclude the possibility of proposing any exceptions pursuant to the law.
The FA.ST. srl is fully explained online in the "Damage Management" section. The Lessor reserves the right not to repair the Vehicle immediately if the damage caused by the Customer does not affect its functionality. The value of the Vehicle is determined according to the price indicated in the Quattroruote periodical at the time of the event, unless it occurs in the first six months of registration of the Vehicle itself, in which case reference will be made to the new price list. The responsibility of the Customer is extended to the cost of repairs, to the loss of value of the Vehicle, to the lack of rental income quantified according to 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 from the accident, which will be charged to the Customer in accordance with the Tariff.
The deductible indicated in the Rental Agreement remains entirely the responsibility of the Customer. In any case, the effectiveness of the insurance coverage towards the Customer as well as any limitations of liability provided for in his favor, even conventionally, are excluded in the case of willful misconduct or gross negligence of the same, including driving in a state of drunkenness or in violation. of the Highway Code or other laws and regulations. Also excluded from the insurance coverage and from the limitations or exclusions of liability are damages caused voluntarily by the Customer to the Vehicle, or through 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 ribs of the vans, the damage caused by the lack of evaluation of the height of the Vehicle and the objects protruding or overhanging the roof, those caused to the clutch kit, due to the engine overspeed, the damage caused by incorrect refueling, the theft of tires and / or rims, the breakage of components due to unauthorized circulation on bad roads, as well as damage caused by non-compliance with the provisions on Vehicle Traffic and Conditions of Use referred to in Art. 5 above.
In the event of theft and subsequent discovery of the Vehicle, the compensation owed by the Customer to the Lessor will be determined by applying the "Standard Rate" of daily rental up to the date of release from seizure and return of the Vehicle, within the limits of the amount charged, except, in any case , compensation for damage 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 report to the competent Authorities, delivering a copy within 48 hours of the same, together with the keys of the Vehicle, to the nearest Lessor's Agency. and actively collaborating with the latter in the management of the judicial procedure. In the event of total theft, the Customer is required to always compensate the Lessor for the amount corresponding to the full tank of fuel. In the event of partial theft, the Customer is required to compensate the Lessor up to the maximum amount of the Theft Deductible indicated in the Rental Agreement.
In the event of an accident suffered or caused by the rented Vehicle, even if the same does not suffer damage, it is the Client's obligation to notify the nearest Lessor's Agency within 24 hours of the event, drafting and sending the C.A.I.form, under penalty of ineffectiveness. any insurance coverage or limitation of liability conventionally established in favor of the Customer. In the event of non-fulfillment of the reporting and communication obligations referred to in the previous paragraphs, all limitations and / or exclusions of liability for damage, theft or fire, total or partial, provided for in favor of the Customer, who is also responsible for damages suffered by the Lessor in relation to the omitted or delayed communication. If the customer produces a C.A.I. duly signed by both parties relating to the accident, with clear assumption of responsibility of the counterpart 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 a liability 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 omitted compilation of the documentation necessary for the management of the claim. same. The penalty in question (deductible for passive or insolvency claims) will also be applied in case of purchase by the Customer of the limitation / exclusion of liability services. 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 he will have to:
(I) proceed with the drafting of the C.A.I. or, alternatively, request the intervention and reporting of the incident to the Traffic Police, Carabinieri or Traffic Police;
(II) collect the names and addresses of the witnesses present;
(III) if required, 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 protection.
The Customer undertakes to ensure routine maintenance of the vehicle and to check and possibly adjust the levels of all lubricants, brake oil and tire pressure.
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 "Standard Rate" of daily rental up to the date of release from seizure and return of the vehicle.
Art. 8 Contract in the name and / or on behalf of third parties and jointly and severally liable.
Whoever stipulates the rental agreement in the name and / or on behalf of a third party is jointly and severally liable with the third party for full compliance with all the obligations contained in the rental agreement, without the benefit of prior enforcement; the Customer who enters into the rental agreement is liable in any case for any fact, action or omission attributable to the driver of the vehicle. All customers and / or additional authorized drivers as well as credit card holders will be jointly and severally liable for all the obligations of the holder of the rental agreement deriving from the contract and the laws applicable to it.
Art. 9 Force majeure.
Neither party will be responsible for its non-fulfillment in relation to the obligations under this contract if it is able to prove that:
(I) the non-fulfillment was caused by an event beyond its control;
(II) it was unreasonable to expect it, at the time of the conclusion of the Agreement, to take into consideration the possibility of the occurrence of such event and its effects on its ability to perform;
(III) it was not reasonably possible to avoid or remedy this 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 Rate List and published on the website www.fastsrlfg.it and in the information documents at the FA.ST.srl 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) the 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, by way of example and not exhaustively: refueling service, One Way service / one-way trip, replacements, 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 estimated). In general, the charges for damages, for missing fuel and for 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 the exception of hidden damage or any mechanical damage found subsequently, which will be notified following the survey). With regard to the request for a charge for damages, the Customer will have 5 working days from the sending of the notification to accept or contest the amount requested for penalties by email. If no objection is received within 5 working days of the notification of the debit, we will proceed with the collection of the notified amount. In the case of seriously damaged vehicles, the Customer will also be charged an amount relating to the technical stop calculated as the number of days from the certified technical estimate multiplied by the "Standard Rate" of the category of vehicle assigned to the Customer for rental (see the online section "Rates" on the website www.fastsrlfg.it).
In the event of electronic and / or remote detection of traffic offenses, 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 it will have to be paid directly by the Customer to the local authorities that have detected the infringement and issued the fine. The Lessor will take care to notify the details of the infringement to the Customer by email to the email address provided at the time of signing the Rental Agreement.
Art. 11 Use of satellite devices.
The Customer and any possible user of the Vehicle is informed that - for safety reasons - some vehicles could be located via GPS devices of third party supplier (s) in order to protect the Lessor from the risk 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 the event of theft, robbery or embezzlement; speed and acceleration data in case of accident detection; statistical data of distance.
The data in question are stored in the databases for a maximum duration of 10 years after the expiry of the rental contract, at the end of which they are automatically deleted.
The Lessor reserves the right to communicate such data to judicial authorities, insurance companies, law firms and companies specializing in the prevention and management of theft and accidents and to use or have the contents used for any action for its own protection.
Art. 12 Termination clause.
The violation of the provisions of Articles 1, 2, 3, 4, 5, 6, 7 and 10 entitles the Lessor to terminate the contract pursuant to art. 1456 cod. civ. and to 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 their personal data entrusted to the Data Controller FA.ST. srl for the requested service. In particular, he declares to have been informed about:
the purposes and methods of data processing;
the nature of the data provided and obligations or faculty to provide the data and the consequence of any refusal;
the scope of data communication;
the rights of the interested party, the methods of exercising them and the contacts of the Data Controller.
Art. 14 Contractual changes.
No changes can be made to these General Conditions without the consent of a representative of the Lessor with a suitable written power of attorney.
Art. 15 Applicable law and exclusive court.
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 Foggia is exclusively competent.
Art. 16 Translation.
In case of doubts or differences in interpretation, the Italian language version prevails over the English or foreign one, as it expresses the exact will of the parties. The English or other language text, which can be consulted and available, at the request of the Client, is a mere literal translation.
Art. 17 Interpretation.
If one of the provisions of the Contract is deemed invalid or ineffective, in whole or in part, it will be disapplied and the Contract will remain valid and effective for the remaining provisions.
Art. 18 Domicile and communications.
The Customer, for all legal purposes, in order to carry 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.
General Rental Conditions for unmanned pleasure boats
1: OBJECT OF THE CONTRACT
This contract relates to the rental of unmanned pleasure boats.
2: DELIVERY OF THE BOAT
2.1 The FA.ST. srl will deliver the boat on the day and time established in the lease confirmation communication, in a seaworthy state, with the relative appurtenances, complete with accessories, equipment and safety equipment, equipped with the necessary documents for navigation and insured pursuant to which in the following art. 11 and in compliance with the laws and regulations in force in the country where the boat is registered and sails.
2.2 Upon delivery, the lessor will provide the lessee with an inventory specifying the conditions and equipment of the boat and will deliver to the same the documents relating to the rented boat indicating the area and the navigation period authorized and covered by the policy. insurance. The signing of the inventory by the lessee implies the acknowledgment by the same of having received the boat in a good state of maintenance, suitable for the agreed use and equipped of all regulatory accessories.
2.3 The lessee must pay the deposit referred to in article 10 below, if applicable, in cash (maximum limit established by current legislation) or by credit card deposit.
2.4 Upon delivery, the lessee must also show FA.ST. srl the following documents:
- a personal identification document;
- the skipper's boat license if required;
- copy of the crew list, if required, conforming to the original delivered to the lessor at the time of payment, indicating the personal and identification data of all the persons on board.
2.5 The obligation to deliver the boat becomes payable for the lessor only after the lessee has taken steps to:
- pay the entire amount of the lease;
- paid the deposit referred to in the following art. 10;
- signed the inventory and exhibited the above documents.
2.6 All the boats of the FA.ST. srl are equipped with a GPS position detector with GSM data transmission for security monitoring and theft prevention.
3: Delay in delivery and non - delivery
3.1 If for any reason FA.ST. srl could not deliver the rented boat on the day and time established in the rental confirmation communication, the lessee will be entitled to obtain a refund of the relative unused daily quota.
3.2 In the event that, for any reason, FA.ST. srl could not deliver the rented boat, the same will have the opportunity to deliver another one of similar characteristics within 48 hours with the obligation to reimburse the lessee for the daily fee that may not be enjoyed. If the delay lasts beyondsaid period or could not be delivered, the lessee may withdraw from the contract by giving written notice to FA.ST. srl in the following twenty-four hours and will have the right to obtain only the full refund of the price already paid without any additional penalty.
4: Enabling
4.1 The FA.ST. srl is not required to check in advance the nautical skills declared by the lessee.
4.2 Should the lessee, upon delivery, prove unable to steer the boat - at the sole discretion of FA.ST. srl and / or its representative - the contract will be considered terminated by law and the price paid by the lessee will be retained by the lessor as a penalty. Where possible, the lessor may require the presence on board, at the expense of the lessee, of a skipper with proven experience. In case of refusal by the tenant to embark the skipper, the contract will be considered terminated and the price paid by the tenant will be retained as a penalty.
5: Obligations of the Lesee
5.1 Once the delivery has been made, the lessee is solely responsible for the boat and the equipment and is responsible for any damage, directly or indirectly caused by the same and / or by third parties, caused to the boat, to the equipment and equipment, to the crew and to third parties (including guests on board). Therefore, the lessor will not be liable in any way for any damage suffered, as a result of the use of the boat, by the lessee or by third parties embarked for any reason, unless such damage derives from defects of the boat.
5.2 The lessee is subject to all the legal obligations and duties proper to the figure of the "Boat Commander".
5.3 The lessee is required to return the boat within the time and space terms set in the rental confirmation communication, in the state of affairs in which he had assumed its use, with the same characteristics, without any modification and suitable for the same use. , together with the accessories, equipment, fittings and documents received at the time of delivery.
5.4 At the request of FA.ST. srl, the lessee and / or the skipper are required to declare their nautical skills in writing.
5.5 The lessee is required to know and comply with the laws and regulations on recreational boating in force in the cruising area. By signing the rental proposal, the lessee expressly raises the FA.ST. srl from any liability resulting from the violation of the laws and regulations indicated above.
5.6 At the start date of the lease, the lessee must be at least eighteen years of age.
6: Use
The lessee is required to use the boat with particular diligence, according to good seafaring rules, the correct nautical technique, the technical-structural characteristics of the boat, as well as as indicated by the documents on board and in accordance with the use. agreed. The lessee undertakes to:- Use the boat exclusively for recreational use, noting that it is absolutely forbidden to transport goods and passengers, professional fishing and any kind of trade;
- Respect the maximum number of transportable persons indicated on the navigation license or communicated on the lease contract;
- Respect the areas and periods of authorized navigation and in any case navigate only in the waters permitted for the type of boat;- Respect the laws of the host country, the regulations regarding customs declarations, the provisions of the port, customs, health authorities and the rules of fishing, including underwater fishing;
- Listen to the port authority and warnings to mariners, in particular when there are limits and prohibitions to navigation in case of bad weather and / or dangerousness for navigation;
- Navigate only in weather conditions that guarantee total safety for oneself and the crew;- Keep the boat in a correct state of seaworthiness for the entire duration of the rental period;
- inform the lessor, at the time of booking, of the intention to use the boat for competitions or for educational activities, receiving the relevant authorization.
- keep the navigation documents updated, if necessary, reporting in the logbook arrivals and departures from ports, atmospheric conditions, engine hours performed, damage, repairs;
- not to navigate in dangerous areas as a result of wars, hostilities, military operations and in areas where navigation is prohibited, bearing in mind that in such cases the insurance is not operative;- do not sublet the vessel in question.
7: Current Express
All current costs relating to the use and consumption on board for the period of the lease are charged to the lessee.
8: Maintenance and care of the Boat
The lessee undertakes to take care of the boat, to keep the internal and external equipment in order, to keep the equipment and accessories functioning and in proper use, to return the boat in the conditions in which it was delivered.
9: Damages, Faults, Accidents
9.1 In the event of damage, breakdowns, accidents, collisions, loss of equipment, the lessee must immediately notify FA.ST by telephone. srl to the numbers indicated in the contract letter, under penalty of loss of the insurance guarantee, and must send the same within the next 24 hours a detailed written report on what happened.
9.2 The lessee may continue navigation only if the continuation of the cruise does not aggravate the damage suffered by the boat, nor can it cause danger to other boats and / or people.
9.3 If the boat suffers damages that affect its use for a period exceeding 24 hours, the lessee will be entitled to obtain reimbursement of the daily installments of the price exceeding that period only if the damage does not depend on behavior undue and / or negligent of the lessee.
9.4 Any repairs and assistance by third parties must be authorized by FA.ST. srl and related expenses will be reimbursed by the same to the lessee upon return to the port of embarkation - upon presentation of receipts or invoices - only if the failures were caused by a defect in the boat. In this case, the lessee may withdraw from the contract if the time required for repairs exceeds 2 days. In the event of termination of the contract, the lessee will be entitled to a refund of the rentrelating to unused days.
10: Deposit
10.1 Upon delivery of the boat, the lessee is required to pay, at the discretion of FA.ST. srl, the deposit indicated in the lease confirmation contract to guarantee the fulfillment of the obligations assumed under the contract.
10.2 The security deposit is unproductive of legal interest.
10.3 Failure to pay the deposit is cause for termination of the contract and the price paid by the tenant will be retained by FA.ST. srl as a penalty.
10.4 The deposit will be returned to the tenant upon disembarkation or, at the latest, within one month of disembarkation after the lessor has ascertained the absence of damages, breakdowns, contractual violations and obligations contracted by the tenant during the lease.
10.5 In the event of damage to the boat covered by the insurance policy, the deposit (if required) will be returned to the lessee only after the insurance has settled the damage.
10.6 It is done, however, without prejudice to the lessor's right to claim damage in excess of the amount of the deposit.
10.7 Security deposit:From 6.50 mt. ... 500.00 Euro - From> 7.50 mt. … 1.500 Euro - From> = 8 mt. at 9 mt. … 2,000 Euros
11: Insurance
The boat is covered by an insurance policy for civil liability, for the total and / or partial theft of the boat and its equipment and for fire.The insurance does not cover:- damage caused by the tenant's fault and fault to the boat and equipment;- the theft, loss or damage to the things and effects owned by the lessee and those transported; - damages suffered by the tenant and by the transported persons for facts or acts unrelated to the civil liability of FA.ST. srl
12: Return of the Boat
12.1 The lessee undertakes to return the boat promptly, within the time limits and in the port indicated in the rental confirmation communication. The cruise itinerary must be planned in such a way as to allow the return on time, even in the event of adverse weather conditions.
12.2 In the event of a delay in delivery, a penalty equal to the daily price agreed for each hour of delay will be applied to the tenant, in addition to compensation for damage that FA.ST. srl should suffer for failure to deliver to the next tenant. The time required to bring the boat back to the port of delivery is also considered delay, if the lessee interrupts or ends the cruise in a port other than that indicated; in this case, the costs of transport or transfer to the port of delivery are also borne by the lessee.
12.3 Upon return of the boat, FA.ST. srl and the lessee will check the condition of the boat and will draw up the inventory. The lessee is the custodian of the vessel until the inventory is signed by both parties.
12.4 The boat can be returned without having filled up with petrol / diesel, it will be the responsibility of the lessor to calculate the fuel liters used and to ask for the corresponding economic value based on the liters / hour table signed at the time of signing the lease / renta