Rental Agreement / Rental Vehicle Contract
Transport Quality Service Michele Civetta

General Contractual Provisions / Jurisdiction Agreement

1. Start and end of the agreement

The rental agreement / the rental vehicle or rental vehicle contract (hereinafter referred to as the contract) lasts from the time the vehicle is taken over until the contractually agreed time of return of the vehicle.

2. Vehicle takeover

The lessor or lender (hereinafter referred to as the garage) shall hand over the vehicle with a full tank of fuel, clean, inspected, free of defects and with the required documents. With the handover of the vehicle by the garage or its representative, the payment of the agreed deposit by the renter or borrower (hereinafter referred to as the customer) is due immediately. Complaints on the part of the customer regarding the vehicle or its accessories must be reported to the garage immediately upon takeover.

3. Return of the vehicle

The vehicle and its accessories must be returned to the return station specified in the contract at the time specified in the contract, with a full tank of fuel and in a clean condition. In the event of delay, the client shall compensate any damage caused and shall be liable for accidental damage in addition to the general liability rules. If the client does not return the vehicle with a full tank of fuel, then he/she must pay the costs for the fuel and refuelling service. If the vehicle is returned uncleaned, any work necessary for this will be carried out at the expense of the customer. When the vehicle is returned, the garage must be notified of any defects and damage. The vehicle may only be returned within the regular opening hours of the garage and directly to the garage or its representative. Simply leaving the vehicle at the garage or leaving it outside opening hours and leaving the keys with the garage does not constitute a return and does not release the customer.

4. Extension of the contract period

An extension of the contract period is only possible with the written consent of the garage before the end of the current contract period. The garage can refuse the extension without giving reasons. Insofar as an extension of the contract period is agreed, all conditions of the original contract shall continue to apply, unless otherwise agreed in writing.

5. Early return of the rented property

Early return under the Hire Agreement does not entitle the Hirer to any reductions or refunds.

6. Late return

a. of the rental object:

The rental charge will be calculated per rental day. Unless otherwise agreed in the contract, a rental day is equivalent to 24 hours. In the event of late return of more than 30 minutes, a further rental day will be charged for each 24 hours or part thereof.

b. of the rented item:

If the return of the rented vehicle is delayed by more than 30 minutes per 24 hours or part thereof, the borrower shall owe the lender the daily rental rate for each day of delay, irrespective of any damage caused by the delay, in addition to any damages.

7. Repairs

Defects which the customer does not have to rectify himself must be reported to the garage immediately and the customer must follow the garage's instructions regarding the rectification of defects. For expenses in connection with defects, a cost approval from the garage is required in advance. Expenses incurred within the scope of a cost approval will be reimbursed to the customer upon return of the vehicle upon presentation of the corresponding receipts.

8. Behaviour in case of accident and special events

In the event of an accident, theft (burglary/theft/embezzlement, etc.), loss, fire, damage caused by game or other damage, the customer must immediately notify the police and have a police report drawn up. This also applies to self-inflicted accidents without the involvement of third parties. Opposing claims may not be recognised. In any case, the garage must always be informed immediately. In the case of all the events mentioned, even in the case of minor damage, the customer must immediately draw up a detailed written report, including a sketch. In the event of an accident, the report must in particular contain the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved. In the event of theft, the vehicle keys still in possession, a report on the course of events of the theft and the police report must be submitted to the garage within 24 hours.

9. Prohibited uses / entry restrictions / exit restrictions

The customer is prohibited from using the vehicle:

a. To participate in motor sport events, vehicle tests and for driver training.

b. For the transport of goods or persons against payment.

c. To tow, haul or otherwise move another vehicle unless the hired vehicle is a vehicle designed for that purpose.

d. In an overloaded condition, i.e. with a number of persons or a payload exceeding the values stated in the vehicle registration document.

e. For the carriage of flammable, explosive, toxic or otherwise dangerous substances.

f. For the commission of customs offences and other criminal offences, even if these are only punishable under the law of the place where the offence is committed.

10. Liability of the customer

a. The customer is liable for all damage caused to the garage by actions of the customer or his assistants which are contrary to the law or to the contract or by carelessness, irrespective of whether he is at fault.

b. Furthermore, the customer is liable for all defects or damage to the vehicle for which he is responsible. This includes in particular, but not exclusively, damage caused by: refuelling with the wrong fuel, failure to observe the maximum heights at garage entrances, subways, etc., etc., etc. ; in the event of improper use of snow chains, ski racks, careless loading of ski racks, careless handling of the interior of the vehicle (in particular cigarette holes, tears and stains on upholstery and carpets), driving off the road and generally careless handling (in particular damage to the underbody such as steering, transmission, suspension, spring, etc.), (in particular damage to the underbody such as steering, suspension, suspension damage as well as damage to axle parts, sill, oil sump, lines, exhaust system, shielding plates and covers), incorrect manipulation of the vehicle (mechanical damage to clutch, gearbox, suspension, etc.). , which are not covered by the garage's warranty), incorrect handling of convertible tops (in particular failure to close the top in rain, wind, etc.).

c. The scope of liability includes the repair costs or, in the case of total loss, the value of the vehicle as well as further damage, such as towing costs, costs of an expert opinion, reduction in value of the rental object, loss of rental income, lawyer's fees, administration fees.

d. If fines or penalties are incurred in connection with the use of the vehicle for which the garage is held responsible, the customer must reimburse the corresponding amount plus the garage's administration fees. Fines and penalties incurred due to the fault of the garage are excluded. In the case of offences against the Road Traffic Act in Switzerland and abroad, the customer authorises the garage to hand over the contract data to all official authorities (police, bar associations, road traffic offices, etc.) in Switzerland and abroad.

e. If cover is agreed in accordance with the principles of comprehensive cover, the extent of the customer's liability is reduced to the deductible agreed in the contract. This exemption from liability does not apply to the damage listed under clause 11b, insofar as there is no cover for the damage to the garage in the specific case. Furthermore, the exemption from liability does not apply to damage caused when the vehicle is used by an unauthorised driver or for a prohibited purpose, in the event of a hit-and-run accident by the customer and in the event of intentional or grossly negligent causation of damage in accordance with the SVG, in particular due to overtiredness, driving impaired by alcohol or drugs and damage caused by the load.

f. Any exemption from liability of the customer by the garage is only valid if it is made in writing.

11. Liability of the garage

The garage is not liable to the customer or third parties for any accidental damage that occurs during the term of the contract. The garage is also not liable for any damage that the customer may suffer as a result of any defect occurring in the vehicle that prevents further travel, causes loss of time or other consequential damage.

12. Amendments to the contract

Amendments and changes to this contract must be made in writing in order to be valid.

13. Validity of the ticket

By means of digital recognition/confirmation in the booking process of www.civettaautomotive.ch, the borrower confirms the authenticity and validity of his driver's licence.

14. Supplementary provisions

The Swiss Code of Obligations shall apply in addition to these provisions.

15. Jurisdiction

In the absence of any mandatory legal provisions to the contrary, the parties agree that the ordinary courts at the registered office or place of residence of the garage shall have jurisdiction. The garage is free to bring an action before the ordinary courts at the customer's registered office or place of residence instead.

16. Deductible in the event of a claim

a. Drivers up to 25 years of age: Third party insurance: CHF 1000.- Comprehensive insurance: CHF 3000.-

b. Drivers over 25 years of age: Third party insurance: CHF 500.- Comprehensive insurance: CHF 1000.-

17. General contractual provisions and place of jurisdiction

The customer declares, by means of digital acknowledgement / confirmation in the booking process of www.civetta-automotive.ch, that he/she has taken note of the contractual provisions of this rental agreement, including the agreement on the place of jurisdiction, and that he/she accepts them as binding.