In a significant new judgment concerning car rental contract clauses, the Court of Bolzano ruled on June 19 that the Italian car rental company Goldcar applied unjustified and excessive penalties in cases of fines for traffic violations, non-payment of tolls, and instances of accidents, damage, or theft. The Court sided with the demands of an Italian consumer organization, ordering Goldcar to notify consumers about the illegality of these clauses and their right to reimbursement. This notification must be sent by email or registered letter with acknowledgment of receipt to all affected consumers since 2014.
Specifically, the penalties in Goldcar’s contract deemed excessive include €55, later reduced to €24.40 for Highway Code violations and non-payment of tolls, and €50 for failure to refuel.
Additionally, on June 17, the Court of Bolzano found the clause and general conditions of another Italian company, Sicily by Car S.p.A., to be unfair. This company imposed a penalty of €50 plus VAT for late payment of fines, tolls, and parking fees. Similarly, the Court ordered Sicily by Car S.p.A. to inform consumers about the illegality of these clauses and their right to reimbursement.
