Rental penalties for fines (for example 50 euro) are often unlawful and void: the antitrust authority found them unfair. Read your contract and dispute the charge in writing. General information, not legal advice.
Which clauses we mean
Many rental contracts contain a clause charging a penalty or fee, for example 50 euro, if you receive a traffic violation during the rental. It is not the fine: it is an extra sum 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 and Market Authority (AGCM), Italy’s antitrust authority, in several recent decisions found them unfair under article 33 of the Consumer Code and penalised several rental companies, for over 18 million euro in total.
What you can do
Read the contract before signing it, and if you are charged a penalty of this kind, dispute it in writing with the rental company, citing the antitrust authority’s decisions and asking for a refund. Keep a copy of everything. Remember, though, that the penalty and the fine are two different things: disputing the penalty does not replace the appeal against the fine, which follows its own rules and its own 60 days, as we explain in the rental car guide and the one on appealing to the Prefect. General information, not legal advice.
Frequently asked questions
Can the rental company charge me a penalty for a fine?
Some contracts provide for it, but the clause is often unlawful and void: the AGCM found clauses of this kind unfair.
What decisions has the AGCM taken?
In recent decisions it found clauses of this kind unfair under article 33 of the Consumer Code and penalised several rental companies for over 18 million euro in total.
What do I do if I am charged the penalty?
Dispute it in writing with the rental company, citing the AGCM decisions. This is general information, not legal advice.
Official information
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