1.1 The lessee undertakes to return the vehicle to the lessor, within the date and time indicated in letter C of the rental contract, at the headquarters of Smart Rent Sagl.

1.2 The lessee undertakes to return the vehicle to the lessor in perfect condition, fully equipped, in perfect working order, clean inside and out, and with a full tank of fuel.

1.2.1 Upon returning the vehicle, the lessee must ask the lessor to affix a stamp on the back of the rental contract as proof of delivery (date / damage / GPS / petrol). In case of verified damage, a return report will be drawn up.

1.2.2 In case of failure to return within the date and time indicated in letter C of the rental contract and therefore in case of violation of the commitment undertaken in paragraph 1.1, the lessee undertakes to pay as a conventional penalty in in any case the daily rate to the landlord until the following working day. However, any damage caused to the lessor remains reserved. In case of return of the vehicle to a place other than that defined in point 1.1, or recovery of the same by the lessor, all transport and/or recovery costs, as well as any related expense and/or damage will be borne exclusively by the lessor who waives the right to raise any exceptions and/or objections.

1.2.3 If the vehicle is not returned to the lessor as provided for in paragraph 1.2 above, the lessor will carry out the necessary repairs, replacements, maintenance and cleaning in order to bring the vehicle back into the same conditions (see letter D of the rental contract rental) at the time of delivery. All expenses, costs etc. are exclusively the responsibility of the lessee regardless of any fault or liability, which he undertakes from now on to reimburse in full, renouncing to raise any exceptions and/or objections.

1.2.4 If the vehicle is not delivered with a full tank of fuel, the lessee will have to pay the lessor Fr. 60.00 for the Smart models and Fr. 150.00 for the Mercedes 8 model.

1.2.5 The lessee will not be able to carry out repairs to the vehicle unless authorized in writing by the lessor and at a workshop indicated by the latter.2.

2.1 The lessee undertakes to personally drive the vehicle (and therefore undertakes not to let third parties drive it, as well as not to hand it over to third parties without the prior written authorization of the lessor) and only for personal use, as well as to drive the vehicle with the lights on during the day and with the utmost diligence and in strict compliance with the regulations relating to road traffic (and in compliance with the limits of the vehicle indicated in the vehicle registration document), avoid driving while drunk or under effect of drugs, etc. as well as any other legal regulation (e.g. customs regulations, etc.) in force in the country to which he is traveling or traveling by car. The lessee is prohibited from any other use of the vehicle, in particular the use of the vehicle for motorsport events (e.g. rally, slalom, etc.) for off-road use, for driving school, for towing and towing others motorized and non-motorized vehicles etc. as well as use for the transport of goods and/or people for a fee.

2.2 The tenant also has the obligation to ensure that any occupants comply with all safety regulations required by law, such as fastening seat belts, etc. Furthermore, he undertakes not to transport drunk people and/or drug addicts, as well as dangerous goods (e.g. fuel, explosives, etc.) and/or goods that could compromise usability (e.g. smelly goods, goods that could stain, etc.) and safety, even temporary, of the vehicle.

2.3 Pursuant to art. 215 and 218 of Regulation (EU) no. 2446, citizens domiciled in the European Union cannot drive a rental car with CH license plate within European territory. Therefore they can only drive in Switzerland.


3.1 From the moment of collection and until the return of the vehicle, the lessee is responsible towards the lessor for the loss (e.g. theft, loss, destruction, etc.) impossibility or impediments to use (e.g. seizure, foreclosure, etc.) and damage (e.g. parking damage, attempted break-in, etc.) to the motor vehicle (or its equipment) for any reason, and undertakes as of now to compensate, even in the event of no fault and independently from the existence of a deductible to the lessor any damage or to relieve him from any liability even towards third parties, waiving any exception and objection, and assigning him from now on any insurance claims.

3.2 The lessee undertakes to inform the lessor of any infringements of the rules relating to road traffic (rules limiting speed, prohibitions, etc.) committed from the moment of delivery until the return of the vehicle and for which he indemnifies from the now the lessor, his bodies, his employees undertake to directly pay any fines, damages, ancillary expenses, etc. and waiving any exception and/or objection and hereby assigning any insurance claims.


4.1 In the event of theft, break-in, damage or loss of the vehicle or the vehicle keys, the lessee undertakes as of now to immediately inform the lessor and the Police, providing all the necessary information in detail (e.g. time, date , place, etc.) and in particular having the relevant police report prepared.


5.1 In the event of an accident (e.g. traffic accident, injury to occupants, damage to the property of third parties, damage to the vehicle, etc.) the lessee undertakes to immediately inform the lessor and the police, and send all useful evidence and necessary in this regard and to provide the following information and/or documents:

– date, time and place of the accident;

– photocopy or handwritten copy of the driving license data of any driver;

– address and telephone numbers of any other people directly or indirectly involved in the accident;

– name and insurance number of any people involved in the accident;

– photocopy or handwritten copy of the gray card data of any other vehicles involved in the accident;

– detailed description of the accident (drawing, etc.) and damage caused (e.g. dead or injured people, material damage, etc.);

– indication of damages (e.g. damage to the property of others, to the physical integrity of people, etc.);

– indication of any witnesses;

– indication of the place where the vehicle is stored.

In any case, he must have a police report prepared.

In the event of an accident, the tenant undertakes not to sign written declarations and/or issue verbal declarations (e.g. towards third parties) relating to any of his responsibilities in the context of the accident or relating to its dynamics. Obviously, the statements made to the competent authorities remain confidential, who in any case must limit themselves to indicating their own version of the facts.

5.2 In the event of an accident, the lessee undertakes from now on to fully compensate even in the event of no fault and regardless of the existence of any deductible for damaged third parties and/or the lessor for any damage, waiving any exception and/or or objection, and hereby assigns any insurance claims to the latter lessor, as well as freeing him from any third party claims.

6. By signing the rental contract, the lessee authorizes all administrative offices and courts that deal with any practices related to the use of the vehicle (e.g. administrative proceedings, cases for compensation for damages due to accidents, findings of accidents, complaints of theft, etc.) to release any information and/or documents to Smart Rent Sagl, as well as to view the package.

7. Any liability of the lessor towards the lessee and/or towards third parties for damages or other claims which occur during the period between the collection of the vehicle and its return to the agreed place is excluded.

8. Any liability towards the lessee or third parties for damages following defects in the vehicle is also excluded.

9. The lessee hereby waives the right to oppose any objection and/or objection and/or remedy of any nature (in particular to compensation) to any credits, claims and/or rights of the lessor.

10. Applicable law: Swiss law exclusively.

11. Competent court: for any dispute relating to the emergence, validity, interpretation and execution of this contract, the Court of Lugano has exclusive jurisdiction.