Rental agreement / Rental vehicle contract
Transport Quality Service Michele Civetta
General contractual provisions / agreement on jurisdiction
1. Beginning 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 of vehicle takeover until the contractually agreed time of vehicle return.
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 lessee or borrower (hereinafter referred to as the customer) is due immediately. Complaints on the part of the customer about the vehicle or its accessories must be reported to the garage immediately upon pick-up.
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 case of delay, the customer shall compensate for any damage caused and shall be liable for accidental damage in addition to the general liability rules. If the customer does not return the vehicle with a full tank, he/she must pay the costs of fuel and refueling service. If the vehicle is returned uncleaned, then necessary activities for this purpose will be carried out at the expense of the customer. With the return of the vehicle, the garage must be notified of any defects and damages. The vehicle can only be returned within the regular opening hours of the garage and directly to the garage or its representative. The mere parking of the vehicle at the garage or the mere parking outside the opening hours with the deposit of the keys for the attention of the garage does not constitute a return and does not release the customer.
4. Extension of the contract period
Extension of the contract period is possible only with the written consent of the garage before the end of the current contract period. The garage can refuse the extension without giving reasons. As far 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 leased property
Early return under the rental agreement does not entitle to any reductions or refunds.
6. Delayed return
a. of the rental object:
The rental price will be charged per rental day. Unless otherwise agreed in the contract, one rental day is equal to 24 hours. In the event of late return of more than 30 minutes, an additional rental day will be charged for each 24 hours or part thereof.
b. of the rented item:
In the event of a delay in the return of the rented vehicle of more than 30 minutes per 24 hours or part thereof, the borrower shall owe the lender the daily rental rate per day of delay, irrespective of any damage caused by the delay, in addition to any damages.
Defects that the customer does not have to repair himself must be reported to the garage immediately and the customer must follow the garage's instructions regarding the repair of the defect. For expenses in connection with defects, a cost approval by 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. Behavior in case of accident and special events
In the case of events such as accident, theft (burglary/theft/embezzlement, etc.), loss, fire, wild 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 must not be acknowledged. In any case, the garage must always be informed immediately. In case of all mentioned incidents, even in case of minor damages, the customer has to immediately make a detailed written report including a sketch. In the event of an accident, the report must contain in particular 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 how the theft occurred 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 rental vehicle is a vehicle designed for that purpose.
d. In an overloaded condition, i.e., with a number of persons or a payload that exceeds the values indicated in the vehicle registration card.
e. Carrying flammable, explosive, toxic or otherwise hazardous materials.
f. For committing customs offenses and other criminal offenses, even if they are punishable only by the law of the place of the offense.
10. Liability of the customer
a. The customer is liable for all damages caused to the garage by actions of the customer or his assistants that are contrary to the law or to the contract or by careless actions of the customer or his assistants, regardless of whether the customer is at fault.
b. Furthermore, the customer is liable for all defects or damages to the vehicle for which he is responsible. This includes in particular, but not exclusively, damage caused by: refueling with the wrong fuel, failure to observe the maximum heights at garage entrances, underpasses and the like. ; improper use of snow chains, ski racks, careless loading of ski racks, careless handling of the vehicle interior (especially cigarette holes, tears and stains on upholstery and carpets), driving off the road and generally careless handling (especially damage to the underbody such as steering, (especially damage to the underbody, such as steering, suspension, suspension damage, as well as damage to axle parts, sill, oil sump, pipes, exhaust system, shields and covers), incorrect manipulation of the vehicle (mechanical damage to clutch, gearbox, suspension, etc.). , which are not covered by the warranty of the garage), wrong handling of convertible tops (especially not closing the top in case of rain, wind, etc.).
c. The scope of liability includes the cost of repair or, in case of total loss, the value of the vehicle, as well as other damages, such as towing costs, costs of an expert opinion, depreciation 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 administration fees of the garage. Fines and penalties incurred due to the fault of the garage are excluded. In case of offences against the road traffic law in Switzerland and abroad, the customer authorizes 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 coverage is agreed upon according to the principles of comprehensive coverage, the extent of the customer's liability is reduced to the deductible agreed upon in the contract. This exemption from liability does not apply to the damage listed under clause 11b, provided that in the specific case there is no coverage for the damage to the garage. Furthermore, the exemption from liability does not apply to damage caused when the vehicle is used by an unauthorized 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 otherwise 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 may occur to the customer due to the fact that any defect occurs in the vehicle that prevents further travel, causes loss of time or other consequential damage.
12. Amendments of the contract
Additions and amendments to this contract must be made in writing in order to be valid.
13 Validity of the ticket
By means of digital acknowledgement / confirmation in the booking process of www.civetta-automotive.ch, the borrower confirms the authenticity and validity of his driver's license.
14 Supplementary provisions
In addition to these provisions, the Swiss Code of Obligations shall apply.
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 at liberty to invoke the ordinary courts at the customer's registered office or place of residence instead.
16. Deductible in case of damage
a. Vehicle 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.