GENERAL RENTAL CONDITIONS
The present contract is a summary of the main provisions of the general rental conditions which, with the Rental letter signed by the customer, constitutes the exclusive source that rules the contractual relationship elapsing between the rental Company Cars & Drivers and the customer or its affiliates. In relation to the processing of personal data that concern her/him, as described above, the customer freely expresses her/his own consent pursuant to the law. Should a disposal of the present rental contract be null, said nullity will not determine the invalidity of the other disposals of the present rental contract.
If the customer choose to pay in a currency that is different from the one with which the rental cost has been quoted, the equivalent will be calculated on the exchange rate published by the CITI-BANK increased by 4% as way of reimbursement of expenses and bank fees and exchange rate fluctuations risk.
CUSTODY OF THE VEHICLE.
The driving of the rented vehicle and/or motorcycle is allowed only to people in possession of a valid driving licence of category “A1” “A2” “A3” and “B”.
It is required the following minimum age:
“A1” – 16 years for motorcycles up to 11 kw – “A2” – 18 years for motorcycles up to 35 kw and “A3” – 24 years for motorcycles exceeding 35 kw.
“B” – 18 years – only for neopatentati, vehicles up to 55 kw – after 01 year of possessing of “B” licence all kinds of motor vehicles up to 9 seats.
“B” – 18 years for all kinds of trucks up to 35q.
The vehicle and/or motorcycle is entrusted to the customer on the assumption that the same use it by driving it personally.
The customer takes any risk and responsibility in case of outsource of the guide of the vehicle driving, pursuant to the art. 116 comma 12 of the italian Traffic Law (D.L.285/92) regarding the entrustment of the vehicle and/or motorcycle to an unlicensed person or anyway not authorised by the rental company.
The customer shall comunicate to the company to which she/ he had previously hired the vehicle and/or motorcycle the name of any persons which will be able to drive the vehicle and/or motorcycle. These will be allowed at a later time on presentation of the right driving licence. For any other authorised driving it is required a daily surcharge whose amount is equal to 50% of the one illustrated for the kind of already hired vehicle and/or motorcycle. For special vehicle categories in certain places it can be required, at the sole discretion of the Rental Company, the possession of two credit cards.
With credit/debit cards, subject to receipt of specific authorisation of the card issuer; and/or with cash. With a cash payment it is obligatory to pay a security deposit via a Company Cars & Drivers registered cashier’s check, the amount is determined in accordance with the type of vehicle and/or motorcycle to hire. The costumer who owns a credit card gives his/her authorisation to the Rental Company to charge on his/her bank account all charges entitled to the rental relationship, including those possibly necessaries for the recovery of any type of credit claimed by the Rental Company with regard to the customer in relation to the rental relationship.
DAMAGE INSURANCES DEDUCTIBLES – KASKO – THEFT AND FIRE.
The hired vehicle and/or motorcycle is covered by R.C.A. and KASKO insurance in accordance with the applicable laws.
Should the customer happen one of the aforementioned events, as indicated by the charter letter the allowance will be at her/his own expense; in case of theft and/or fire, the customer allowance is the one indicated in the charter letter and in basis of the hired vehicle and/or motorcycle.
In case of total IRREPARABLE damage of the hired vehicle and/or motorcycle due to a major incident, drunk driving and/or use of drugs, the customer allowance is equal to 100% of the actual amount of the hired vehicle and/or motorcycle.
With regard to the vehicles and/or motorcycles which are equipped with Diablock or Blockschaft anti-burglary system, if the customer who is victim of the burglary of the hired vehicle and/or motorcycle does not return the key of one of the cited anti-theft systems as well as the original opening and ignition key, he/she will be obliged to pay an allowance equal to 100% of the actual amount of the vehicle. In any cases of total or partial accident, theft, fire, the customer is obliged to regularly report it to the competent national bodies and within 12 hours away from the event to deliver it to the Rental Company.
The incident related damages are not attributable to the customer who produces the C.I.D. model with clear and signed responsibility of the counterparty.
The customer can choose to sign the Additional Service that reduces or eliminates the penalty for financial liability, for who takes responsibility for damages to the vehicle and/or motorcycle. The subscription of the Additional Service that reduces or eliminates the responsibility for damages, in addition to having an additional cost to the normal price of the official list for the rented vehicle and/or motorcycle (excluding the damages provided for the previous paragraph A) does not exempt the customer from adopting the ordinary diligence in conducting the vehicle and/or the motorcycle.
Company Cars & Drivers, as a penalty reserves for itself the power to proceed with the charge of damages attributable to the responsibility of the customer.
The rented vehicle and/or motorcycle must be returned with the same litres of fuel existing at the time of delivering. For each litre of missing fuel, an amount of €2,50 per litre will be charged to the customer, as well as a charge commission for the restoration of fuel of €30,00 excluding VAT.
The mileage limits and the costs for the extra kilometres of the rented vehicle and/or motorcycle are the ones indicated in the Rental Agreement.
The customer is authorised to the circulation in Italy and engage NOT to make circular the vehicle and/or motorcycle in countries different from the ones expressly stated in the “green card” delivered together with the documents of the vehicle and/or motorcycle. Any unallowed or illegal usage, by contract and/or by law obliges the customer to pay damages, possibly also in solidum with any other driver and it results in the disappearance of limitation of responsibility exposing the customer to the related responsibilities and revenges. The Rental Company reserves the right to regain control of the vehicle and/or motorcycle at anytime and anywhere in case of violation of the rules of the present article. The customer is accountable for the normal traffic of the vehicle and/or motorcycle, as well as its usage and ordinary maintenance. In case of need of breakdown assistance (i.e. breakdowns and accidents), the customer will have the opportunity to contact the Rental Company to which she/he had hired the vehicle and/or motorcycle, seeking instructions about the best course of actions to the phone numbers specified in the Rental Agreement. The Rental Company is exempted from any responsibility for leaks or damages consequent to failure detected of the vehicle and/or motorcycle, failure or delay, deterioration of goods or every other kind of damage, except in the case of intent or gross negligence of the Rental Company. It is likewise exempted from any responsibility for damages to things transported or forgotten on the returned vehicle and/or motorcycle. The customer is responsible for the fines and/or any other charges consequent to violations of the road traffic or of other legal or regulatory provisions, of the road pricings, of the parking fees and in general of the sums resulting from the driving of the vehicle and/or motorcycle also by third parties during the rental period and commits her/himself to reimburse the amounts in this capacity eventually anticipated, including the legal, postage and administrative fees further connected with the request of refund and to indemnify the Rental Company from any damage and/or pretense of third party. Every administrative processing has an operating cost and the customer authorises already now the charge at her/his expense.
IT IS NOT PERMITTED TO LEAVE THE TRAVEL SERVICE, IF NOT SPECIFICALLY AUTHORISED BY THE RENTAL COMPANY.
RETURN OF THE VEHICLE.
At the beginning of the rental, the customer shall issue commitment relatively to the date of redelivery of the vehicle and/or motorcycle: any variation of the commitment shall be previously communicated to the Rental Company. A day of rental means 24 hours with a 59 minutes tolerance; once this period of time has elapsed an additional rental day will be charged. For rates subject to time limitations (e.g. Weekend, week etc.) elapsed the tolerance time, it will be charged the internal freight at a daily fee. The vehicle and/or motorcycle must be returned during the opening and/or closure time of the Renting Company. In case of return out of hours (possible so long as previously authorised) the rental will be considered closed during the opening hours of the same Rental Company. The failure in returning the keys of the vehicle and/or motorcycle shall result in the prosecution of the rental until the redelivery of the same or at a report of dismay or of theft. The dismay or theft of the keys of the vehicle and/or motorcycle shall result in a compensation fee equal to € 600,00 (six hundred) excluding VAT. The customer commits to redelivering the vehicle and/or motorcycle in the condition and equipment existing at the beginning of the rental, apart from normal wear and tear. In case of dismay or theft of the original registration certificate of the vehicle and/or motorcycle, the customer shall indemnify a €200,00 (two hundred) franchise excluding VAT.
In case of malfunction of the supplied odometer, as in the cases in which the detection of the driving distance is materially impossible, it will be charged a standard journey of 300 km per day.
APPLICABLE LAW AND PROPER VENUE.
The terms and conditions are ruled by the Italian Law. Any controversies that may occur relating to the validity and/or interpretation and/or implementation and/or resolution of the terms and conditions will be a matter of the court of the place in which the customer had withdrawn the vehicle.
In accordance with the indicated legislation, the processing relating to this service will be founded on the principles of correctness, lawfulness, transparency and preservation of Your privacy and rights. The personal data of the user are utilised by Company Cars & Drivers, that is the data controller.
Therefore, pursuant to article 13 of GDPR 2016/679 we provide you the following information:
TYPE OF DATA COLLECTED.
The personal data that in occasion of the activation of this service shall be collected involve:
Identification data (surname and first name, residency, domicile, birth, phone number, invoice address, online identifier), identity document (identity card, passport or driving license) bank details, localisation data (location, GPS, GSM and other);
PURPOSE AND LEGAL BASIS OF PROCESSING.
The collected personal data will be processed for the following purposes:
For the completion and implementation of the rental agreements of vehicles and/or motorcycles and of eventual linked agreements, for the analysis and improvement of services, for the management of claims and controversies, implementation of international standards of payment systems (i.e. bank transfers, charges/creditings through credit cards, debt etc.).
Such purposes are jointly referred to as “Contractual purposes”.
With prior consent of the user, for activities of submit of advertising material and usage in the field of marketing analysis and studies and consumption patterns. Such purpose is referred to as “marketing purpose”.
The processing of personal data of users is required, with reference to the contractual purposes, to implement the Agreement. In case the user did not provide personal data required to the contractual purposes, the signing of the contract will not be possible.
The processing for marketing purposes is facultative. In case the customer refused consent, she/he will not have the possibility of receiving commercial messages. At any time, the user will still have the chance of withdrawing the eventually given consent.
METHODS OF DATA PROCESSINGS.
The personal data of users can be processed either with manual or computer tools, suitable for guaranteeing safety, privacy, and to avoid unauthorised accesses, dissemination, modifications and capture of data thanks to the deployment of proper technical, physical and organisational security measures.
CATEGORIES OF RECIPIENT.
Through communications made in fulfillment of legal and contractual obligations, all data collected and processed may be communicated exclusively for the purposes specified above to the following categories of interested categories: banks and credit institutions, authorised persons, third-party service and consulting providers with reference to the activities of, by way of example, the following fields: technological, accounting, administrative, legal, insurance, IT; data processors.
DATA TRANSFER TO A FOREIGN COUNTRY.
The data you provide will not be transferred to non-EU countries or international organisations.
DATA RETENTION PERIODS.
For the contractual purposes referred to in point 2, personal data of users are retained for a period of time equal to the contract term (including any renewals) and for the ten years following the end, resolution or withdrawal of the same, except in cases where the conservation for a succeeding period is required for eventual disputes, requested by the competent authorities or according to applicable legislation. For the marketing purposes related to the sending of advertising material, personal data of users are retained for the contract term and for a period of 5 years after its termination.
RIGHTS OF USERS IN RELATION TO THEIR PERSONAL DATA.
You will be able to exercise the following rights: request further information with regard to the contents of this policy; access to personal data; obtain the rectification or deletion thereof and the restriction of processing relating to him (in the cases provided by law); portability of data (in the cases provided by law); withdraw your consent, as applicable. The withdrawal of the consent shall not affect the lawfulness of processing based on consent before its withdrawal; you can also lodge a complaint with the supervisory authority (Privacy Authority).