Terms & Conditions
In this Rental Agreement, the Renter is the person renting the Vehicle specified in the Agreement (hereinafter referred to as the Vehicle) from California Rent Car Company (hereinafter referred to as the Company).
1. Definitions, substance of the agreement and subject matter of the regulation
1.1. The following abbreviations and definitions are used hereinafter in the Agreement:
1.1.1. 1.1.1. The Terms and Conditions – these standard terms or conditions of vehicle rental which are the basis for the rental and use of the Vehicle;
1.1.2. 1.1.2. The Rental Company – the company named on the first page of the Agreement;
1.1.3. 1.1.3. The Renter – the person named on the first page of the Agreement, who has received the Vehicle for use from the Rental Company in accordance with this Agreement;
1.1.4. 1.1.4. The Agreement – the rental agreement concluded between the Rental Company and the Renter, which consists of these Terms and Conditions and the special terms and conditions indicated on the first page;
1.1.5. The Vehicle – the Vehicle indicated on the first page of the Agreement, the right to use which belongs to the Rental Company, and which the Rental Company provides to the Renter for use in accordance with the Agreement.
1.2. These Terms and Conditions establish the rights and obligations of the Renter when using the Vehicle. The Renter is aware that the right to use the vehicle belongs to the Rental Company, and that the Renter has no power to transfer the rights and obligations accepted by him or her by concluding the Agreement to third parties (among others, for the transfer of the right to the vehicle). Renting or transferring the Vehicle to third parties is permitted only on the basis of a prior written agreement with the Rental Company. The Rental Company allows the Renter to use the Vehicle in accordance with these Terms and Conditions.
1.3. 1.3. The Rental Company makes these Terms and Conditions available to the Renter at the latest upon conclusion of the Agreement. By signing the Agreement the Renter confirms and the Renter has read and understood these Terms and Conditions, and that the Renter undertakes to comply with them.
1.4. The Agreement is concluded for the use of a vehicle during the period indicated in the Agreement and until the return of the vehicle into the direct possession of the Rental Company (“the rental period”). The provisions of the Terms and Conditions do not become invalid after the return of the Vehicle, if their continued validity arises from their substance.
2. Conditions of use of the vehicle
2.1. According to the Agreement, only the Renter and/or other persons who have been included in the Agreement by the Rental Company as additional drivers are authorized to drive the vehicle. The Renter and the additional driver indicated in the Agreement must have a valid driving license in Italy (not the initial license), and he or she must have at least 3 years of driving experience and be at least 25 years of age. Driving the Vehicle is prohibited to the person (including the Renter):
2.1.1. who does not meet the requirements established by the Rental Company or by law regarding the validity of the driving license, the age of the person and/or other possible restrictions;
2.1.2. who is under the influence of alcohol, narcotics or other substances that impede consciousness and delay reaction (“state of intoxication”), or who is too tired, or whose state of health does not correspond to the requirements arising from the law.
2.2. The Renter is responsible for the prudent use and careful driving of the Vehicle, and undertakes to use the Vehicle only for the designated purposes. 2.3. The Rental Company reserves the right to return the Vehicle to its direct possession at any time if the Renter fails to comply with the Terms and Conditions of the Agreement.
2.3. When leaving the vehicle, the renter undertakes to lock the vehicle and activate the alarm system, if the vehicle is equipped with one. The Vehicle must be parked in a designated parking place. If the vehicle is equipped with a removable GPS device, the driver must take the device with him or her when leaving the vehicle and keep it in a safe place. The renter must not leave valuables in a visible place in the vehicle. Seat belts and child seats must be used in accordance with the legal instruments applicable in the country where the Vehicle is used, and the Renter is responsible for the correct installation and use of safety devices.
2.4. The Renter undertakes to use fuel suitable for the vehicle and, if a warning light comes on when starting the vehicle, to check the oil and other fluid levels and to contact a representative of the Rental Company. The vehicle may be taken to a service or repair shop only with the prior permission of the Rental Company. The Renter is also prohibited from repairing the vehicle himself.
2.5. It is prohibited to use the Vehicle
2.5.1. to transport more people than permitted by the registration certificate or the technical specifications of the vehicle;
2.5.2. to transport a load heavier than permitted by the registration certificate or the technical specifications of the vehicle;
2.5.3. to push or tow other vehicles (including trailers) or other objects;
2.5.4. to drive in off-road conditions or on roads that are not designated for the vehicle;
2.5.5. for the transportation of objects that have not been properly attached and secured;
2.5.6. for the transportation of objects, the transportation of which damages the vehicle or the interior of the vehicle, or makes it impossible to immediately provide the vehicle for rental again (including, for example, odor, smoke, strong stains, dirty cabin, scratched parts, etc.);
2.5.7. for participation in rallies, test drives and competitions;
2.5.8. in violation of the Highway Code and other legal instruments in force;
2.5.9. for actions contrary to the law;
2.5.10. for subletting;
2.5.11. for driving in areas where traffic is prohibited
2.5.12. for practical driving;
2.5.13. for the provision of taxi services or shared trips
2.5.14. for the transportation of animals.
2.6. When entering into the Agreement, the Renter undertakes to inform the Rental Company of the length of his/her travel itinerary.
2.7. The Vehicle may only be used in the territory of Italy, if the Agreement does not include a note permitting crossing the state border. In the event of violation of this restriction, the Renter is fully liable to the Rental Company for any damage caused to the Vehicle and/or its parts, and/or damage or injury caused to third parties, including the costs of returning the Vehicle to Italy. The application of the limitations of liability described in Section 4.2. does not release the Renter from such liability.
2.8. Smoking, consuming alcoholic beverages and other narcotic substances in the Vehicle is prohibited.
2.9. The Renter is aware that a GPS search system is installed in the vehicle, allowing the Rental Company, if necessary, to identify the location and speed of the vehicle, activate its alarm system, activate the flashing emergency lights and turn off the engine during the journey. The Rental Company has the right to search for the vehicle that has not been returned within the required time using the GPS search system, and, if necessary, to prevent its further movement and to communicate the information regarding the location of the vehicle received through the search system to the police, the owner of the vehicle, the insurer, and, if necessary, to the authorized partners of the Rental Company used by the Rental Company to search for vehicles.
2.9.1. During the effective period of the Contract the Car Rental Company does not use the GPS search system of the vehicle, and does not monitor the movement of the vehicle, unless it has a legitimate reason to suspect or has received information that the Renter has materially violated the Contract (for example: the vehicle is in a country which is not permitted to enter according to the Contract), or if it is requested by the police or any other institution / insurer of the vehicle / owner of the vehicle.
3. Transfer and return of the vehicle
3.1. The Rental Company transfers the Vehicle to the Renter in an operational condition together with the documents required for driving. The documents required for driving include the documents that are required for the use of the vehicle by law, according to the information provided by the Renter to the Rental Company when booking the vehicle. Usually the documents required for driving are a copy of the registration certificate and the Contract.
3.2. The Customer undertakes to return the vehicle to the Rental Company at the place, date and time indicated in the Contract, and the vehicle must be equipped in the same way and have the same documents as at the time of delivery of the vehicle to the Customer.
3.3. The Rental Company has the right to cancel the Agreement early if it discovers that the Renter has materially violated the Terms and Conditions of the Agreement, or has presented incorrect information to the Rental Company when renting the Vehicle, or fails to use the Vehicle properly. If the Rental Company requests early termination of the Agreement for the reasons described in this Section, the Renter undertakes to immediately return the Vehicle to the Rental Company.
3.4. The Renter checks the condition of the Vehicle upon delivery by the Rental Company, and the Renter confirms with his signature on the first page of the Agreement that the Vehicle corresponds to the descriptions provided in the Agreement. If the Renter identifies differences between the descriptions provided in the Agreement and the actual condition of the Vehicle, the Renter must let the Rental Company make the respective notes in the Agreement. During the rental period, the Renter is responsible for the prudent use of the Vehicle, careful driving, additional equipment and documents required for driving, as well as regular cleaning of the Vehicle during the rental period.
3.5. The Renter undertakes to return the Vehicle to the office of the Rental Company indicated in the Agreement during its working hours. During working hours, the Renter has the right to ask the Rental Company to inspect the vehicle and register new defects. If the Customer waives this right, the Customer is responsible for the vehicle until the Rental Company performs the inspection of the vehicle and takes it into its direct possession. If the Renter returns the vehicle outside working hours, the Renter must observe the rules for returning vehicles outside working hours in force at the given Rental Company. In case of return outside of working hours or in case of return of keys and documents to the “key box”, the Renter is responsible for the Vehicle until the moment when the direct possession of the Vehicle has been accepted by the Car Rental Company. The direct possession of the Vehicle is considered as accepted by the Car Rental Company, if the Car Rental Company has received the keys to the Vehicle and has had the opportunity to inspect the Vehicle (no later than 72 hours after the vehicle return time stated in the Agreement).
3.6. If the Renter and the Car Rental Company have agreed that the Vehicle will be returned to a place other than the Car Rental Company’s office, the Renter is responsible for the Vehicle and bears all possible costs related to the Vehicle until the moment when the Car Rental Company has accepted the Vehicle into its direct possession.
3.7. If the Renter does not return the Vehicle to the agreed location at the time of return indicated in the Agreement, the Renter pays for each initial period of 24 hours the rental cost for one day indicated in the Agreement (additional rental days are calculated according to Section 5.3.).
3.8. If the Renter returns the Vehicle, but does not return the documents and/or keys to the Vehicle to the agreed location, the Renter pays for each initial period of 24 hours the rental cost for one day indicated in the Agreement (additional rental days are calculated according to Section 5.3.), until he returns the keys and documents to the agreed location.
3.9. The Renter undertakes to pay an additional fee for cleaning the vehicle, if after the return of the vehicle the Rental Company has to use a more thorough cleaning than the standard one. The amount of the additional fee depends on the actual cost of cleaning performed by the service provider selected by the Rental Company at its discretion.
4. Renter’s Responsibility
4.1. During the rental period the Renter is fully responsible for damage, theft and loss of the Vehicle and its parts. Vehicle parts also include additional equipment supplied with the vehicle. The Lessor is not liable for damages only to the extent that such damages are reimbursed to the Rental Company by the insurer (for example, reimbursements provided by third party car insurance), or for which the Lessor is not liable according to the limitation of liability chosen by him or her and indicated on the first page of the Agreement or included in the rental price. If the Renter breaches the agreement, no limitation of liability applies, and in such a case the Renter reimburses the Rental Company for all damages suffered by it. If a respective limitation of liability has not been chosen or is not applicable due to another reason, the Renter reimburses the Rental Company, among other things, the cost of repair and/or replacement of the Vehicle or its parts, the rental income lost due to the repair or replacement of the Vehicle, the costs of parking and towing the Vehicle, and the resulting administrative costs. The Rental Company has the right to choose at its discretion an insurer or the measure of insurance protection, a repair company for the Vehicle, a seller of a replacement vehicle or parts, or another service provider.
4.2. If the Renter has duly performed all the Terms and Conditions of the Agreement, and the damage, loss or theft of the Vehicle or its parts has not been caused by an unauthorized user or due to the negligence or wilful misconduct of an authorized user (including the consumption of alcoholic, narcotic, toxic, psychotropic or other intoxicating substances), the Renter’s liability is limited as follows, provided that the limitation of the respective liability is indicated on the first page of the Agreement
4.2.1. if the supplementary super insurance (“SCDW”) applies, in the event of damage, theft or loss of the vehicle or its parts the deductible does not apply to the Renter or is reduced to the agreed level. SCDW is only applicable upon acceptance of CDW and THW. SCDW does not release the Renter from liability in the event of damage to the passenger compartment and loss or damage to additional equipment. The supplementary super insurance does not cover tires.
If the limitations of liability referred to in point 4.2. of the contract are applicable, the Renter pays the excess to the Rental Company separately for each event.
4.3. The Renter is fully liable for damage caused to the Vehicle due to the driver’s failure to consider the height or clearance of the Vehicle. The application of the limitations of liability described in Section 4.2. does not release the Renter from such liability.
4.4. The limitations of liability described in Section 4.2. do not apply to engine, transmission and clutch malfunctions, if they were caused by the use of incorrect driving technique. The cause of the damage is established by an expert examination performed by the official dealer of the vehicle in Italy.
4.5. For each puncture of a tire during the rental period the Renter undertakes to pay the penalty according to Section 10.
4.6. For any case of loss of additional equipment supplied with the Vehicle for the rental period, the Renter undertakes to pay the penalty according to Section 10. The application of the limitations of liability described in Section 4.2. does not release the Renter from this obligation.
4.7. The Renter undertakes to pay the Rental Company a penalty equal to the rental cost for a maximum of 30 days, for the downtime caused by the temporary inoperability of the Vehicle resulting from damage caused to the Vehicle due to an accident or other incident that occurred due to the fault of the Renter. The downtime is calculated from the day of the accident or the day on which the damage was caused, until the day on which the Vehicle was put back into operation.
5. Charges and payment conditions
5.1. The rental fee is the price of using the Vehicle according to the Terms and Conditions agreed upon when signing the Contract. The rental fee includes the rent and charges for additional services (including limitations of liability) that have been accepted by the Renter and stated on the first page of the Contract. All charges are subject to taxation according to the legal instruments of Italy.
5.2. The rental fee is calculated on the basis of the rental price in effect at the time of booking the Vehicle or concluding the Agreement, together with the prices of the services included in the rental price, and on the basis of the price list for additional services which is available to the Renter on the website and in the office of the Rental Company. 3.1 The Renter undertakes to perform the terms of validity of the rental price. The terms of validity of the price include the terms of the rental period, minimum rental duration, available discounts, etc. In case of extension of the Agreement, the calculation of the rental fee is based on the rental price valid at the time of extension, which will be applicable to the entire extension period. Booking the vehicle does not guarantee that the Renter will receive a specific car model (including color). It only guarantees that the Renter will receive a vehicle belonging to a distinct vehicle group based on specific conditions. The Renter may choose a vehicle that is different from the booked vehicle group for an additional fee.
5.3. Rental days are calculated as 24-hour periods starting from the start time of the rental period of the vehicle. Each subsequent rental day begins on the day following the clock time at which the vehicle was provided on the first day. If the start of the rental day is exceeded by more than three hours, the Renter undertakes to pay the full price of the rental day.
5.4. If the Renter returns the vehicle to the rental company before the date indicated in the contract, the rental price will be calculated based on the prices applicable to a shorter (actual) rental period indicated in the price list. If the Customer has paid in advance, any refund will be to be agreed with the management only if the payment was made in cash.
5.5. Based on the actual use of the vehicle by the Renter, costs that could not be foreseen at the start of the rental period may be added to the rental price. Such costs include costs related to failure to comply with the terms of validity of the rental price, costs related to failure to comply with the time and/or place of return indicated in the Agreement, costs related to reimbursement of damage caused to the Vehicle and/or its parts, the fee for filling the tank and the resulting service fee, costs resulting from returning the Vehicle outside the working hours and/or office of the Rental Company, additional cleaning costs, costs of traffic and parking fines and resulting administrative costs, costs resulting from violation of the Terms and Conditions of the Agreement, and other costs resulting from the use of the Vehicle by the Renter, unless the Rental Company and the Renter have agreed otherwise. The Renter undertakes to pay all of the above costs in full.
5.6. The final monetary obligations of the Renter are established after the return of the Vehicle.
5.7. The deposit is paid by the Renter as a deposit for the confirmation of the conclusion of the Agreement and as a guarantee of its performance. The Rental Company has the right to use the deposit to offset the costs of rental services or other costs arising during the rental period, or any respective damage.
5.8. The Rental Company has the right to demand from the Renter the payment of the rental fee and the deposit based on the actual price list.
5.9. By completing the reservation the Renter gives the Rental Company the right to charge all obligations arising from the Agreement (rental fee, guarantee) from the credit card, payment card of the Renter, or using another payment method accepted by the Rental Company.
5.10. The Car Rental Company has the right to deposit (or pre-authorize) the amount equal to the minimum rental cost, excess, cost of a full tank and filling service fee.
5.11. To cancel the reservation, the Renter must submit a request at the Car Rental office in Taormina or send it to the email address californiataorent@gmail.com.
5.12. If the reservation is cancelled no later than 48 hours before the start of the reservation, the cancellation fee is 20% of the cost of the reservation, however not less than the rental price for one day.
5.13. If the reservation is cancelled more than 48 hours before the start of the reservation, or in case of no-show of the Renter, the cancellation fee is 100% of the cost of the reservation, i.e. all prepaid amounts (including the deposit) are not subject to refund under any circumstances.
5.14. If the reservation is cancelled due to circumstances caused by the Renter (for example, among others, due to the absence of a driving license and/or other documents, lack of a bank card or adequate funds, submission of incorrect data, etc.), the cancellation fee is 100% of the reservation cost, i.e. all prepaid amounts are not subject to refund under any circumstances.
6. Fuel limit and mileage
6.1. The Renter undertakes to pay for all fuel consumed by the vehicle during the rental period.
7. Damage, accidents, theft and vandalism
7.1. The Renter undertakes to immediately inform the Rental Company by telephone of any traffic accident, accident, theft, damage to the Vehicle and/or its parts, and/or any other incident that has occurred to the Vehicle, and to report such cases to the police, if the Rental Company so requests. In the event of a technical malfunction that has occurred outside of operating hours, the Renter must call the car assistance number attached to the Vehicle documents and inform the Rental Company at the first opportunity.
7.2. The Renter undertakes to record the names, telephone numbers and addresses of the participants in the accident and witnesses to the accident (i.e. collecting only oral information is insufficient), and, if possible, to take photographs of the accident site, and, in the event of a traffic accident, to fill out the traffic accident form (located in the glove compartment of the Vehicle), and to transmit all information to the Rental Company at the earliest opportunity. In the event of deformation or more serious damage to the Vehicle, or when towing is necessary, the Renter calls the car assistance number attached to the Vehicle documents.
7.3. In the event of an accident, theft and/or vandalism the Renter undertakes to complete and submit to the Rental Company an accident or theft statement. The Renter also undertakes to submit to the Rental Company a signed letter of explanation that includes his description of the accident and a copy of the driver’s license. If the Renter fails to present the required documents, the Renter is liable for the amount of the initial purchase price of the Vehicle and other damages resulting from the accident, theft and/or vandalism (in which case none of the limitations of liability described in Section 4.2. are applicable).
7.4. In the event of theft of the Vehicle, the Renter must transfer to the Rental Company the keys, a copy of the registration certificate and other documents of the Vehicle. If the Renter fails to present all the elements requested to the Rental Company, or fails to comply with other requirements set out in Section 7, none of the limitations of liability described in Section 4.2. releases the Renter from liability, and the Renter undertakes to reimburse the Rental Company for the initial purchase price of the Vehicle and other damages resulting from the theft of the Vehicle (including the loss of profit referred to in Section 4.1.).
7.5. The Renter agrees to cooperate with the Rental Company, its insurers and the law enforcement authorities in the investigation and resolution of legal matters arising from a traffic accident, theft and/or vandalism.
8. Liability of the Rental Company
8.1. The Rental Company is not liable for any loss or damage arising from the rental of the Vehicle caused to the Renter or third parties, except for direct proprietary damage if it was caused by gross negligence or willful misconduct of the Rental Company. The Rental Company is not liable for indirect damage (including loss of profit), damage arising from the rental of the vehicle, non-proprietary damage or any other special damage. Among other things, the Rental Company is not liable for any direct or indirect damage caused to the Renter due to the inability to use the vehicle during the rental period resulting from the malfunction of the vehicle, which is subject to repair according to the warranty provided by the vehicle manufacturer. In this case the Rental Company has the right to provide the Renter with another rental vehicle, unless the Renter immediately informs the Rental Company of his desire to cancel the Agreement.
8.2. The Rental Company is not responsible for the property and belongings of the Renter, additional drivers and passengers, which were left in the vehicle during the rental period.
9. Parking and traffic fines
9.1. The Renter is fully responsible for all traffic and parking fines received during the rental period, and for other violations of the law and their consequences.
9.2. If the Renter receives a traffic or parking fine during the rental period, the Renter must inform the Rental Company when the rental period expires. If the Renter fails to pay traffic or parking fines, the Rental Company may disclose the Renter’s data and send them to third parties for the purpose of recovering the fines.
9.3. If, in the case referred to in point 8.1., the Rental Company pays the fine instead of the Renter, the Renter must reimburse all such costs to the Rental Company, and pay the resulting late payment penalties, pay for other obligations arising from the law, reimburse other damages, and pay the service fee according to point 10.1.2.
10. Penalties, service fees
10.1. The Renter pays the Rental Company:
10.1.1. in the event of traffic accidents resulting in the confiscation of the vehicle or its parts by law enforcement – a penalty of €1000.00;
10.1.2. if the Rental Company is notified of a traffic or parking fine due to the Lessor – the service fee of €10.00 for a natural person and €10.00 for a legal person for processing the fine;
10.1.3. in case of return of the Vehicle to the parking not foreseen by the Contract – the penalty is €100, and the Lessee also reimburses, among others, all damages related to the return of the Vehicle, and parking costs;
10.1.4. for smoking in the vehicle – the penalty of €200.00;
10.1.5. for missing or damaged car key – the penalty of €300.00;
10.1.6. for missing document or documents – the penalty of €200.00;
10.1.7. a penalty of €250.00 for each damaged tire;
10.1.8. for missing or broken additional equipment – a penalty of €400.00;
10.1.9. for each missing or broken part of the car’s equipment – a penalty of €1000.00;
10.1.10. in case of need to perform dry cleaning of the cabin – a service fee of €250.00;
10.2. All expenses include value added tax.
10.3. The basis for assessing damage caused to the Vehicle is a respective price list prepared by the official dealer of the Vehicle in Italy.
10.4. In addition to the payment of the penalty and/or service fee, the Renter undertakes to reimburse the Car Rental Company for all damages that exceed the amount of the penalty and/or service fee.
11. Processing of personal data
11.1. By signing the Agreement, the Renter allows the Car Rental Company to use his/her personal data, and to store and process the data arising from the Agreement according to the needs of the Car Rental Company, which include statistical analysis, credit checks and protection of the property of the Car Rental Company. The Car Rental Company has the right to store and process the Renter’s personal data for as long as is reasonably necessary for the purposes for which the Car Rental Company has the right to process the data. If the Renter violates the Agreement, the Car Rental Company has the right to disclose such data and send it to third parties according to the need to eliminate the damage caused to the Car Rental Company by the violation of the Agreement, and to prevent any further damage.
11.2. Renter agrees that the following Renter personal data will be disclosed to California Rent Car Company: Renter ID, start date, end date and the amount of the default payment, and Renter consents to the processing of such data for the purpose of making a credit decision in the payment.
– The right to store Renter data at the Company Offices is created if Renter has an outstanding monetary obligation arising from the Agreement.
11.3. Renter can find out what data about him is processed by California Rent Car Offices.
11.4. Renter personal data is processed in accordance with the privacy policy published on the website of the Car Rental Company www.californiarentcar.com, which governs the collection, use, disclosure, acquisition and retention of personal data of the Car Rental Company’s customers. The Car Rental Company’s privacy policy is based on the Italian Data Protection Act and other legal instruments regulating the protection of private life.
12. Direct Marketing
12.1. The Car Rental Company sends the Renter newsletters and offers using the Renter’s email address only if the Renter has given his consent to this by entering his email address on the website and has informed the Car Rental Company of his desire to receive direct mail.
12.2. The Renter has the right to unsubscribe from receiving newsletters and offers by notifying the Car Rental Company by email or by following the instructions contained in the email listing the offers.
13. Validity of the Terms and Conditions
This Agreement is governed by Italian law. All disputes arising from this Agreement are resolved by negotiations between the Car Rental Company and the Renter. If the Rental Company and the Renter cannot reach an agreement, the respective dispute will be resolved in court according to the legal instruments of Italy.
