GENERAL TERMS AND CONDITIONS

I. Rental agreement, tenant and authorized drivers 

1. The rental agreement is concluded by written signature or by means of a booking made via the website https://www.ph-highperformance.com.
2. Withdrawal or cancellation of the concluded rental agreement is excluded.
3. Renters can be one or more persons who are expressly named as renters in the rental agreement. Furthermore, the rental agreement may stipulate that the renter is entitled to allow a named person to drive the rental car. If the rental agreement permits the renter to allow a driver of their choosing to drive the rental car, the renter must select the driver carefully and, in particular, ensure that the driver possesses the required driver's license for the specific rental car and complies with all other conditions imposed by the license. Subject to the aforementioned provision, the renter is not entitled to transfer the rental car to a third party, whether for payment or free of charge, even for short-term use. Any violation will result in the complete loss of insurance coverage. Multiple renters are jointly and severally liable for all obligations and payments arising from this agreement.

II. Handover of the vehicle 

1. The renter must present a valid driver's license for Germany, a valid payment method accepted by the rental company, and a national identity card or passport along with proof of address upon vehicle handover. If the renter cannot present these documents upon vehicle handover, the rental company may immediately terminate the rental agreement. Any resulting damages and costs must be reimbursed to the rental company.
2. The vehicle will be handed over in proper, undamaged, and fully functional condition with a full tank and must be returned with a full tank by the renter. Any damage or discrepancies will be recorded in the handover protocol. Fuel costs during the rental period are the responsibility of the renter. If the vehicle is not returned with a full tank, the lessor is entitled to refuel the vehicle and charge the renter twice the original invoice amount for refueling.

III. Use of the vehicle

1. The renter is prohibited from driving the vehicle under the influence of alcohol and/or drugs. Furthermore, the vehicle may not be used for sporting purposes or competitions of any kind.
2. The rented vehicle is equipped with a GPS tracking system.
3. The vehicle may only be stored in lockable garages and parked exclusively in guarded or secure parking areas.
4. The renter declares that all declarations made by him, in particular regarding the assumption of contractual obligations, are also made on behalf of the authorized driver(s) of the rental car, so that all declarations are legally effective for and against the authorized driver(s).
5. The renter is obligated to inspect and use the vehicle with the utmost care during the rental period. This obligation includes, in particular, the continuous monitoring of roadworthiness, oil level, tire pressure, compliance with the data specified in the vehicle registration document (e.g., the permissible number of passengers and load capacity), and securing the vehicle against theft and break-ins.
6. The vehicle may only be used within Italy and Austria. Travel to other countries requires prior written authorization from the rental company.
7. Switching off traction control and using launch control starts are strictly prohibited.
8. All our vehicles can be technically inspected up to two years after the rental period to ensure they have been operated correctly and that the renter has not misused the vehicle. In such cases, the renter will be billed for the full repair costs.
9. Drifting, burnouts, and launch control runs are prohibited. In case of violation, the renter will be charged a flat fee of €500.00 for each launch control run. If the renter has performed burnouts or drifts and the tread depth has demonstrably decreased, the renter will be charged a flat fee of €400.00 for every 0.5 mm decrease. This flat fee applies per millimeter: if the renter returns the vehicle with a tread depth decrease of up to 2 mm (beyond what was noted in the handover protocol), they will be charged €600.00. The renter will be charged for the entire set of rear tires if they return the vehicle with such a low tread depth that the next renter is prohibited from using it. In addition, the renter will be charged a penalty of €1,200.00 per day of lost rental income in this case.
10. Renters and drivers confirm that they have received instruction and training on the high-performance rental vehicles before starting their journey. Renters and drivers may not use the vehicle without adequate training on the rented vehicle. Furthermore, only renters or drivers with experience driving high-performance cars and who are qualified and authorized to handle them may use the vehicle. Novice and inexperienced drivers are strictly prohibited from using the vehicle.
11. A temporary or permanent revocation of a driver's license or driving privilege is not a reason to terminate the contract and still obliges the renter to pay the agreed rental price.

IV. Traffic fines and police or official orders

1. All traffic fines, traffic violations, and similar offenses will be billed to the tenant without exception, including all expenses and reimbursement of costs incurred by the landlord. The tenant agrees to pay the amounts demanded without reservation within seven (7) days of receiving the demand and to provide any declarations required by the police or stipulated by law.
2. The lessee and/or driver of the vehicle shall indemnify the lessor against all administrative penalties, including any ancillary penalties, fees and other costs, which authorities may impose on the lessor as a result of legal violations.
3. In the event of the vehicle being impounded by the police due to the fault of the renter, the renter is obligated, in addition to any expenses and costs of any kind arising therefrom, to pay a penalty equal to twice the current daily rental rate for each day of downtime until the impoundment is officially lifted.

V. Return of the vehicle and payment terms 

1. The rental agreement ends upon expiry of the agreed rental period. If the renter continues to use the vehicle after the agreed rental period has expired, the rental agreement is not considered extended.
2. The renter is obliged to return the vehicle to the lessor in a contractually compliant and proper condition at the agreed place and at the agreed return time at the end of the rental period.
3. In the event of excessive soiling of the vehicle's interior or exterior, requiring special cleaning, or if the vehicle is returned with an unpleasant odor, the renter will be charged a cleaning fee of €600.00 (flat rate).
4. Any intended extension of the agreed rental period by the renter must be communicated to the lessor in a timely manner before the end of the agreed rental period and must be approved by the lessor. If this does not occur, the vehicle must be returned on time at the agreed return date. If an extension of the rental agreement is not approved (for whatever reason), the renter forfeits all rights under the rental agreement, in particular the insurance coverage provided by the lessor and the renter's liability reduction.
5. Notwithstanding the foregoing, the tenant agrees to pay a penalty of the following amount for the duration of the unauthorized overstay of the rental period:
   • Up to 29 minutes late return: free of charge
   • 30 to 59 minute delay: the daily rental price
   • For returns 60 minutes or more late: double the daily rental price.
6. The landlord reserves the right to claim for any further damages. The rental price is based on the landlord's current price list. The landlord is also entitled to require a security deposit from the tenant. The rental price and the required security deposit are payable in advance. This also applies to any agreed extension of the rental period. If payment is made by credit card or the security deposit is paid by credit card, the landlord is entitled to also bill any damages and other claims arising from the rental agreement to the credit card.

VI. Insurance Coverage

1. The rental vehicle is fully comprehensively insured with a deductible. In the event of damage to the vehicle (whether caused by the renter, wildlife, hail, storm damage, or natural disasters), the renter agrees to pay the following deductible to PH-HighPerformance GmbH-S.r.l.
   • For vehicles with an insurance sum of up to €100,000.00, the deductible amounts to Euro 5.000,00 per claim
   • For vehicles with an insurance sum of up to €150,000.00, the deductible amounts to Euro 10.000,00 per claim
   • For vehicles with an insured value exceeding €300,000.00, the deductible is €20,000.00 per claim.
2. In the event of damage, the lessor is not obligated to claim on the comprehensive insurance, but may be entitled to cover the damages with the deductible payable by the lessee, provided this amount is sufficient. The lessor therefore decides at their own discretion whether or not to claim on the vehicle's comprehensive insurance in the event of damage. The deductible specified in paragraph 1 above is payable by the lessee in any case.
3. The renter will only be charged for the actual damage as per the repair shop's estimate, up to the full deductible. In addition to any damage, the renter(s) will be charged an €800.00 processing fee and compensation for lost rental income at the daily rate according to the current price list until the vehicle is repaired. If the lessor can prove a higher amount of damage, the renter will be liable for the corresponding higher amount.
4. In the event of broken or damaged glass, including a cracked or damaged windshield, the deductible is reduced to €500.00 (flat rate). An additional processing fee of €250.00 applies to these types of claims.
5. In cases of intent or gross negligence on the part of the renter or driver, the compensation payments agreed upon under this clause represent only the minimum amounts payable by the renter or driver. The renter and driver are jointly and severally liable for all payments arising from this contract. If the lessor can prove a higher loss resulting from the incident, the renter and driver are obligated to compensate the lessor for this higher loss. Should the insurance company prove intent or gross negligence, it will seek reimbursement of the full amount of the loss from the renter.

VII. Damage to the vehicle 

1. If the vehicle experiences any malfunctions or other technical problems following its handover to the renter, the renter is obligated to inform the lessor immediately. Repairs or the elimination of such damage may only be carried out at an authorized repair shop specializing in the rented vehicle make with the lessor's express permission. The lessor's permission is not required if the repair shop provides the renter with a binding commitment, prior to the repair, that the repair costs will not exceed €80.00. The lessor will reimburse the renter for the actual costs incurred for the repair or elimination of the damage upon presentation of the original, receipted invoice paid by the renter, provided the renter proves that the damage and malfunctions were not caused by or attributable to the renter.
2. In the event of an accident, the renter is obligated to immediately notify the police and remain at the scene until they arrive. The renter must also record the names and addresses of all persons involved, the license plate numbers of the vehicles involved, and the insurance information of all parties involved, along with the names and addresses of all witnesses. Furthermore, the renter must complete a full accident report (description of the accident location including a sketch, the time of the accident, and the sequence of events) upon returning the vehicle and hand it over to the rental company.
3. The tenant is obliged to inform the landlord immediately by telephone or, if necessary, by email about any accident that has occurred.
4. In the event of an accident, the renter is not entitled to make an admission of guilt orally or in writing, or to anticipate the settlement of the claim by the liability insurance taken out for the rental car through any other statements, concessions or even payments.
5. In the event of accident damage, the renter is not entitled to a replacement vehicle for the duration of the repairs.
6. In the event of a technical malfunction caused by the tenant, as well as in the case of accidental damage, the tenant is obliged to pay the rental price for the entire duration of the agreed rental agreement.
7. Upon returning the rental car, the renter must report and specify all damages, malfunctions or accident damage to the lessor without being asked, even if they have been repaired in the meantime.

VIII. Tenant's Liability 

1. The renter is liable for all damage to the vehicle resulting from operating errors, improper handling or excessive use during the rental period.
2. If the renter gives the rental car to a third party not named in the rental agreement, the renter and the unauthorized third party are jointly and severally liable without limitation in the event of damage to the vehicle.
3. The renter and the driver are fully liable for any violations of legal regulations, in particular traffic and public order regulations, committed by them during the rental period.
4. In case of theft and vandalism, the tenant is liable without limitation for the resulting damage.
5. The renter's liability for damages extends to repair costs plus any depreciation in value, or, in the case of total loss of the vehicle, to the vehicle's replacement value less its salvage value. Furthermore, the renter is liable – if incurred – for towing, recovery, and return costs of the vehicle, for any expert fees incurred, and for all other costs incurred by the lessor, as well as for lost rental income at the daily rates specified in the currently valid price list.

IX. Termination 

The landlord is entitled to terminate the lease without notice for good cause in the following cases:

• improper and unlawful use of the vehicle;
• intentional or grossly negligent damage to the rental vehicle;
• Use of the vehicle to commit criminal offenses;
• Unauthorized subletting or transfer of the vehicle to third parties.

X. Cancellation Policy 

1. Cancellations are possible up to 72 hours before the rental period begins. A cancellation fee will apply. The amount of the cancellation fee depends on when the cancellation is made.
   • Up to 8 weeks before the start of the rental period: free of charge
   • From the beginning of the 8th week until the beginning of the 4th week before the start of the rental period: 40% of the rental price
   • From the beginning of the 4th week until the beginning of the 2nd week before the start of the rental period: 60% of the rental price
   • For cancellations less than 2 weeks up to 72 hours before the rental period begins: 100% of the rental price.
2. The rental price is the total rental price including all fees and extras.
3. If the renter fails to appear at the agreed pick-up time, the rental company will maintain the reservation for two hours. After that, the vehicle will be released for other customers. In this case, the renter will be charged the full rental price.

XI. Final Provisions

Any invalidity or ineffectiveness of individual provisions of this contract or the general terms and conditions shall not affect the legal validity of the remaining contract content or the remaining terms and conditions.

XII: Applicable Law and Jurisdiction 

The parties agree that Italian substantive law shall apply. For all disputes arising from this contract, the parties agree that the exclusive place of jurisdiction shall be Bolzano (Bolzano Court of Peace or Bolzano Regional Court).

XIII. Data Protection

In accordance with the relevant legal provisions, the tenant authorizes PH-HighPerformance GmbH / S.r.l. to process his personal data for the processing, execution and archiving of the contractual relationship, in particular also for the purpose of damage settlement, notification to authorities in connection with traffic penalties, vehicle identification, etc.