Terms and Conditions

Co.Bar. Rent (hereinafter referred to as the "Lessor") shall deliver to the Lessee (hereinafter referred to as the "Client") the motor vehicle specified in the rental agreement. The motor vehicle, unless expressly and otherwise specified in the rental agreement, shall be delivered with a full tank of fuel and must be returned at the end of the rental period with the same amount of fuel. In the event that the Client has purchased the Full Fuel Prepaid service, he may return the vehicle with any level of fuel; any fuel not consumed shall not be reimbursed. The vehicle is equipped with the accessories indicated in the rental contract and in the associated documents, including the insurance certificate. Upon delivery of the vehicle, the Client has the duty to check the condition of the vehicle in contradistinction to the staff of the rental station, and is required to promptly report any damage and anomalies visible on the outside and inside of the same, and not noted on the forms (so-called "State of the vehicle at the beginning of the rental period").

This duty shall also apply if the Client uses digital and/or unassisted access to the service by the personnel of the rental station. By signing the "Vehicle Condition at the Start of Hire" form, the Client acknowledges that he/she has received the vehicle in perfect order and in any case in a condition that conforms to the form he/she signed and accepted. Upon return of the vehicle, the Client is obliged to check the condition of the vehicle in contradistinction to the personnel of the rental station. This duty shall also apply if the Client uses digital and/or unassisted access to the service by the personnel of the rental station. Failing this, the Customer acknowledges the correctness and validity of the readings made by the personnel of the rental station. By signing the rental agreement, the Customer declares that he/she has read and received the required explanations and, therefore, that he/she knows and accepts these General Rental Terms and Conditions.

The Lessor warrants that a third party liability insurance policy has been taken out with a single limit of indemnity in excess of the legal limits. The insurance policy does not cover damages suffered by the driver nor those caused due to the driver's liability, as specified in the policy, whose clauses and conditions relevant to this Article can be consulted in excerpts on the Lessor's website www.cobarrent.it as well as available, upon the Client's request, in hard copy at each of the Lessor's rental stations. By signing the contract, the Client declares that he/she knows, accepts and undertakes to comply with the aforementioned clauses and conditions. At the Client's request, the Lessor is willing to provide an additional service of Accident Protection (PAI) that also covers damages sustained by the driver directly, within the limits and conditions that can be consulted in extracts on the Lessor's website www.cobarrent.it and available, at the Client's request, in hard copy at each of the Lessor's rental stations, which the Client, by signing the contract, declares to have read, known, accepted and to undertake to comply with. This additional service also waives liability for damage to the interior of the vehicle caused and/or connected to the accident suffered by the driver.

The Lessor is obliged to reimburse the Client for the sums spent for repairs due to breakdowns of the motor vehicle, provided that they occurred in Italy, and that they result from an invoice duly made out to the Lessor and in any case previously authorised in writing by the Lessor.

Upon delivery of the vehicle the Client undertakes to pay to the Lessor:

1. the security deposit in the amount indicated, depending on the category of the rented vehicle, by the Special Rental Conditions available on the Lessor's website www.cobarrent.it and indicated on the rental agreement. In the event of use of the digital means of access to the service and/or not assisted by the staff of the rental station, the Client acknowledges and accepts that the payment of the security deposit through the digital means made available by the Lessor constitutes an essential obligation for the provision of the service and that failure to pay shall result in the impossibility of collecting the vehicle, the cancellation of the booking and the charging of the relative penalties provided for by the Special Rental Conditions.
2. the rate stipulated in the rental agreement and the fee for additional services requested by the Customer at the time of signing the rental agreement, if not prepaid, always as indicated in the rental agreement;
3. Upon return of the vehicle, the Client undertakes to pay the Lessor the amount necessary to restore the original fuel level in addition to the surcharge for the relative refuelling service, unless the Client has purchased the Full Prepaid Fuel service;
4. in the event of damage or total or partial theft or damage from attempted theft, the relevant deductibles and penalties;
5. any extra rental days;
6. in the event of mileage greater than that included in the agreed rate, the mileage amount indicated in the rental agreement and in the Special Rental Conditions
7. any surcharge for drop-off at a station other than the initial station (drop-off trip);
8. breakdown assistance;
9. the penalties stipulated in the Special Rental Conditions, if applicable, as well as the amounts for any other services used by the Client. The return must take place by the date and time specified in the rental agreement. In the event of delay, the "Return Tolerance" specified in the Special Rental Terms shall apply. Delays exceeding the "Delayed Redelivery Tolerance" specified in the Special Rental Conditions shall result in an additional rental day being charged at the rate paid for the single day plus 50%. Delays exceeding 24 hours shall be charged for each day or fraction thereof at the rate paid for the single day plus 100%. Following the return of the vehicle, the Client undertakes to pay the Lessor
10. the amount corresponding to all fines received, motorway tolls and parking tickets not paid during the rental period;
11. the penalties stipulated in the Special Conditions;
12. the sums related to any other services used by the Client.

The Client and the Co-obligor (a Co-obligor is understood to be the person who signs the contract as being jointly and severally liable for the same) who use a credit card for payment of the fees, accept that all the aforementioned charges, as well as those indicated below in these General Rental Conditions, will be made to the credit card indicated in the rental contract. The Customer shall always be obliged to pay the extras described in the rental agreement.

The Client and the Co-obligor authorise:

1. the debiting of the credit card associated/registered in the rental agreement of all amounts that are due, directly or indirectly, by virtue of the rental, even after the invoicing of the remuneration thereof;
2. in the event of a pre-paid rental, the charging of the extras used, i.e. those additional services not included in the amount of the pre-paid rental.

The Customer acknowledges that he/she is not the owner of any rights in rem over the rented vehicle and accessories supplied and, therefore, that he/she cannot dispose of them in any way, not even by way of pledge.

The Customer undertakes to drive or use the vehicle with the diligence of a good family man. Without prejudice to the proof referred to in Art. 1588 of the Civil Code, violation of the rules of the Highway Code and/or conduct that differs from or is contrary to the diligence of a good family man, shall result in the Client being charged for all damages caused to the rented vehicle.

The Client acknowledges, however, that he/she shall be fully liable for any damage suffered by the Lessor as a result of the following circumstances

1. driving in a country outside the European Union (the driving of the vehicle is however permitted in the following countries outside the EU: Norway, Switzerland and the United Kingdom)
2. transport of persons for hire or reward;
3. subleasing;
4. pushing or towing trailers or other vehicles;
5. driving under the influence of drugs, narcotics, alcohol or toxic substances or other substances capable of impairing mental capacity
6. participation in races, route tests and/or competitions of any kind;
7. driving for illegal purposes or contrary to the applicable laws and in any case in violation of the regulations in force and the Highway Code of the State where the motor vehicle is being driven;
8. driving on rough, unpaved, non-public or "off-road" roads;
9. driving by a person acting in contravention of applicable laws and regulations;
10. driving by a person not specified in the rental agreement;
11. exportation of the vehicle;
12. driving lessons or driving practice;
13. driving by a person who has provided the Lessor with false information regarding his/her age, name or address;
14. driving by a person who does not meet the age requirements for the rented vehicle category as specified in the Special Rental Terms and Conditions;
15. driving by a person without a valid driving licence in the country in which the vehicle is driven;
16. violation of the smoking ban inside the vehicle;
17. incorrect or contaminated refuelling;
18. damage caused wilfully or through negligence;
19. damage caused by failure to assess the height of the vehicle and objects protruding from or overhanging the roof;
20. damage caused in violation of obstruction and/or hazard warnings placed in both public and private spaces;
21. damage caused to the clutch kit or by over-revving the engine;
22. damage caused to the roof and underbody of commercial vehicles;
23. damage caused to the load compartment of commercial vehicles if the Customer has not purchased the "SecurLoad" service.

In the event of seizure or administrative detention of the vehicle, the Client undertakes to pay to the Lessor, in addition to the agreed rental fee, an amount equal to the rate paid for the individual day increased by 50% until the day on which the Authority releases the vehicle to the Lessor.

The Client undertakes to:

1. provide correct information on his personal details, age, residential address, and ownership of the legal requirements for driving licence; the Client also undertakes to provide the Lessor with his telephone number and e-mail address in order to guarantee the Lessor his availability for the purposes of this contract;
2. to drive the motor vehicle and keep it together with the accessories provided, in a diligent manner and in compliance with all legal regulations
3. ensure the routine maintenance of the motor vehicle and ensure that the levels of all lubricants, brake oil and tyre pressure are checked and adjusted if necessary;
4. to provide for the payment of any fines imposed on the rented motor vehicle, motorway tolls and charges of any kind arising from parking, during the rental period, and to reimburse the Lessor for any third-party charges, in addition to the penalty stipulated in the Special Conditions; the said penalty pursues the objective of discouraging the commission of offences and favouring the observance of road traffic rules and the protection of the rented vehicle, and does not replace the administrative fine, toll and/or parking charges that are demanded from the Client by the taxing authorities; the penalty shall be reimbursed to the Client upon presentation of proof of payment of the fine, toll and/or parking charges, or upon presentation of proof of cancellation of the fine or in any other case of non-liability as provided by law
5. to indemnify the Lessor against any claims made by third parties for damage caused to the transported goods owned by the latter or in any case found on the hired vehicle;
6. check and sign, at the time of returning the motor vehicle, the "Vehicle state at the end of the rental period" form indicating the state of the motor vehicle at that time; failure by the Client to sign the "Vehicle state at the end of the rental period" form will result in the forfeiture of the Client's right to raise subsequent claims with respect to the damages charged
7. sign the appropriate form in which he explicitly declares that he has not suffered or caused any damage, even minor, in order to allow the Lessor to protect his rights against fraud or unfounded claims;
8. return the motor vehicle at the same place and by the date and time indicated in the rental agreement, with the same accessories present at the time of delivery and in the same state in which it was received;
9. pay a surcharge in the case of "drop-off journeys" if the motor vehicle is returned at a station other than that of departure;
10. return the vehicle as soon as the Lessor so requests; in the event of failure to return the vehicle, the Lessor shall be entitled to recover possession of the vehicle by any means, even against the Client's will and entirely at the Client's expense;

The Client acknowledges that the rental begins on the date and time of delivery of the vehicle and its keys by the Lessor and ends on the date and time of actual redelivery to the Lessor's staff. In the event of redelivery during office closing hours and/or if the Client releases the vehicle keys in the key box, the rental shall end on the date and time of the next reopening of the rental station. Together with the keys, the Client shall place a signed declaration in the key box indicating the place and time of return, the mileage travelled, the fuel level and any damage caused to the vehicle. The Client is responsible for any damage found on the vehicle at the time of reopening the rental station and not reported and is also responsible for the theft for any reason by third parties of the vehicle or parts of the vehicle (windscreen wipers, radio antennas, cigar lighter, etc.) or of the keys placed in the key box.

The Client shall be obliged to indemnify the Lessor for any damage, total or partial theft, or damage from attempted theft, including the use of roadside assistance, subject to the proof of Art. 1588 of the Civil Code.

Regardless of the provisions of Article 9, the Client is always fully liable for the amount of the economic damage caused to the Lessor if at least one of the following circumstances occurs

1. violation of the regulations in force and/or the Highway Code of the state where the motor vehicle is driven;
2. use of the vehicle for an unlawful purpose;
3. use of the vehicle in violation of Article 7 of these General Terms and Conditions;
4. vehicle returned damaged without a report attesting the dynamics of the accident and relative documentation, complete with any C.A.I. (Constatazione Amichevole di Incidente) form
5. failure to promptly report to the competent authorities in the event of total or partial theft or vandalism.

These circumstances must be proven by a fine and/or declaration by the client and/or C.A.I. form and/or ascertainment by the insurance companies.

Should a claim occur, the Client undertakes to:

1. inform the Lessor immediately by telephone, sending him within the next 12 hours the C.A.I. form filled out in detail in all its parts or, failing that, a detailed report of the facts;
2. inform the nearest police authority;
3. not make any statement of responsibility;
4. take note of the particulars of all parties involved in the accident and of any witnesses, including the particulars of the insurers of the vehicles involved (company, policy number, agency);
5. provide the Lessor with any other useful information;
6. follow the instructions given by the Lessor regarding the custody and/or repair of the motor vehicle.

In the event of non-fulfilment of even one of the aforementioned obligations, the Client shall be liable for all damages to the motor vehicle, even in the case of a potentially active accident. The Lessor does not guarantee the replacement of the rented motor vehicle in the event of an accident, breakdown, or in any case abroad.

In the event of total or partial theft or damage from attempted theft or vandalism, the Client undertakes to immediately report the fact to the competent authorities (Police or Carabinieri) and to deliver to the Lessor the original version of the report.

1. in the event of total theft, the Client undertakes to deliver to the Lessor, in addition to the original report, the keys to the motor vehicle and the anti-theft device, if the vehicle is equipped with them; the rental fee, in addition to the amount of any deductible, is due until the date of the actual delivery of the report and keys. In the event of non-delivery of the report and/or non-delivery of the keys, the Lessor shall in any case charge the Client a penalty equal to the official list value of the motor vehicle including optional extras (net of VAT) and reduced by 15%;
2. in the event of partial theft, damage from attempted theft and vandalism, in addition to the above, failure to deliver the original report shall in any case result in the Lessor charging the Client a penalty equal to the full amount of the economic damage suffered by the Lessor.

The Client expressly and without any reservation authorises the Lessor, or any other party appointed by the same, to remotely monitor the movements of the rented vehicle, in order to protect the Lessor from the commission of crimes to its detriment, by means of satellite systems; the Lessor also reserves the right to communicate the data to Judicial Authorities, Insurance Companies, Law Firms, Companies specialised in the prevention and management of thefts and accidents and to use or have its contents used for any action for its own protection. The Client further declares that he/she is aware and accepts that the rented vehicle may be equipped with a remote control unit capable of detecting any bumps, lifts, and facts potentially traceable to accidents with or without a counterpart; the Client accepts that the data transmitted by the aforesaid unit to the Lessor's computer systems shall be used as a tool for reporting and proving accidents occurred to the rented vehicle.

When renting an exclusively electrically powered vehicle, in addition to the provisions of these General Rental Terms and Conditions, the following provisions shall also apply.

Whoever concludes the rental agreement in the name of and/or on behalf of a third party shall be jointly and severally liable with the third party for full compliance with all obligations contained in this rental agreement, without the benefit of prior indemnity; the Client who concludes the rental agreement shall be liable in all cases for any facts, actions or omissions attributable to the driver of the vehicle.

The Lessor shall not be liable to the Client, the driver or the members of their respective families for damages of any nature suffered by the same, including financial loss, either for personal injury, with the exception, limited to the latter, of the application of Articles 33 paragraph 2 letter a) and b) and 36, paragraph 2, letter a) of Legislative Decree 205/2006, or for damages resulting from breakdowns or defects in the operation of the motor vehicle or road accidents. In any case, the Lessor shall not be liable for any type of damage occurring as a result of theft, riots, fires, earthquakes, wars or other causes of force majeure. If objects are found inside the motor vehicle, the Lessor shall notify the Client, who shall recover or ship the object at his own expense; if the Client does not recover or ship the object within 30 days of the notice, the objects shall be considered abandoned and the Lessor shall not be obliged to keep or return them.

Once the agreed term for payment of the sums due has expired, the Lessor is authorised to issue a debit note for interest on arrears as provided for by Legislative Decree 09/10/2002 no. 231 as amended. This is without prejudice, for the Client who qualifies as a "consumer", to the application of interest on arrears at the legal rate.

The Customer shall be entitled to complain within 14 days from the date of the end of the rental period for any disservice received. Any complaints relating to charges, made for any reason by the Lessor, may be made only after payment of the same and in any case no later than 30 days after the charge.

No amendment may be made to these General Conditions without the consent of a representative of the Lessor with a suitable written power of attorney.

In the event of disputes as to the correctness of the content of the rental agreement, the data and documents contained in the Lessor's archives shall be authoritative between the parties.

In the event of any discrepancy between the Italian text and translations into other languages of these General Conditions, the Italian text shall prevail, insofar as the same expresses the exact will of the parties; translations of these General Conditions into languages other than Italian (available on the website www.cobarrent.it and available, at the Client's request, in hard copy at each of the Lessor's rental stations) shall be mere translations.

This contract is governed by Italian law. For any dispute between the parties relating to the rental agreement the Court of Bari shall have exclusive jurisdiction; the jurisdiction of the Court of the place of residence or domicile of the Client shall remain unaffected, for the Client qualifying as a "consumer".

Pursuant to Article 13 of EU Regulation no. 2016/679 ("GDPR"), the Lessor shall process the data provided by the Client in compliance with the relevant legislation in force and in accordance with the Privacy Policy, which can be consulted on the Lessor's website www.cobarrent.it and is available in hard copy at each rental station.