Florence · rental contracts
Rental company penalty for fines in Italy: is it lawful?
Many rental contracts charge you a penalty if you take a fine. Here is why such a clause is often not valid and what you can do.
Which clauses we are talking about
In many rental contracts there is a clause that provides for a penalty or a charge, for example of 50 euro, if during the rental you take a fine under the Highway Code. It is not the fine: it is an extra sum that the rental company charges you on its own account.
Why it is often not valid
Clauses of this kind are often unlawful and void, and so without effect. The Italian competition authority, the AGCM (Autorità Garante della Concorrenza e del Mercato), has in some recent measures judged them unfair under article 33 of the Consumer Code and has fined several rental companies, over 18 million euro in total. We do not name the companies, and these are measures of the authority, not court rulings.
What you can do
Read the contract before you sign it, and if you are charged a penalty of this kind, contest it in writing to the rental company, citing the AGCM measures and asking for a refund. Keep a copy of everything. Remember, though, that the penalty and the fine are two different things: contesting the penalty does not replace the appeal against the notice, which follows its own rules and its own 60 days (see ZTL fine with a rental car and how to appeal).
ZTL fines: all guides
ZTL fine for foreign drivers · When does a ZTL fine arrive? · Why keep your garage parking ticket · ZTL fine with a rental car · Rental company letter or real fine? · Pay the ZTL fine or appeal? · Can the garage appeal for me? · Prefetto or Giudice di Pace? · How to appeal a ZTL fine · Rental company fees for fines (you are here)
Questions from international drivers
Can the rental company charge me a penalty for a fine?
Many contracts provide for it, but clauses of this kind are often unlawful and void: the Italian competition authority (AGCM) has ruled in this sense in some recent measures.
What should I do if I am charged?
Contest it in writing to the rental company, citing the AGCM measures and asking for a refund. Keep a copy of everything.
Does contesting the penalty replace the appeal against the fine?
No. The penalty and the fine are two different things: the appeal against the notice follows its own rules and its own 60 days.