ClassicDrives SRL, with registered office in San Miniato (PI), via Candiano 25, hereinafter referred to as “the Charterer”, rents the vehicle indicated in the “model” section to the customer, in the agreements provided for therein, as well as the following terms and conditions:
1. The customer is required to promptly report any vehicle anomalies not detected by the Charterer at the time of delivery to the customer. Failing that, the vehicle is presumed received by the customer in perfect order.
The customer undertakes to return the vehicle in equal conditions (except for normal wear and tear in relation to the kilometers traveled) with the tires, equipment, documents and all equipment supplied.
The vehicle will be returned to the Charterer on the day and time specified in this rental agreement, or earlier, in the event of early termination of this agreement where the vehicle is used in violation of the provisions set out therein. This contract may be terminated in advance by the Charterer pursuant to art. 1456 of the Italian Civil Code in the case of violation by the customer of the articles 2 or 3 of this contract, in the event of insolvency of the Customer or in the event of bankruptcy or other bankruptcy proceedings against the customer.
The customer will be responsible for damage caused to the vehicle due to improper use or deriving from disproportionate wear in relation to the kilometers traveled. The Charterer will not be liable for damages resulting from the Customer’s failure to fulfill its obligation of diligence in the maintenance and operation of the vehicle.
2. The vehicle may only be driven by the customer and the persons indicated on this contract. Furthermore, the vehicle must not be driven by people in a state of drunkenness or unconsciousness, due to abuse of alcohol, drugs or psychotropic drugs.
Finally, the vehicle must not be used:
• for the transportation of smuggled goods or for any other transportation in violation of the law
• for the carriage of passengers or goods against payment
• to push or tow another vehicle or trailer
• in competitions of any kind, sporting or otherwise, or course tests (unless expressly authorized)
• for the transport of parcels or postal packages
• to give driving lessons or to practice it
• for any other use in violation of laws or regulations
• for the transport of people or goods not in compliance with the provisions of the registration document or current regulations.
3. The customer undertakes to pay and / or refund the renter on the invoice:
• the fee for the kilometers traveled by the vehicle during the rental, exceeding the permissible mileage of 150 km per day (unless otherwise agreed in the contract), at the rate of € 1.00 per km; the kilometers will be determined by reading the odometer of the vehicle or, in the event of an odometer failure, based on the distances covered that result from the road map
• the consideration calculated in relation to the duration of the rental. In case of delayed return, the penalty of € 20.00 will be applied for every half hour of delay; penalty applicable after the first 30 minutes.
• the cost of refilling the fuel and the related service if the customer chooses to return the vehicle with a quantity of fuel lower than that received – full on full, penalty € 10.00 in addition to the consumption of petrol.
• the amount of fines charged to the Charterer for violation of the Highway Code or other applicable regulations committed during the trip. The Customer will be directly responsible to the Authority that imposed the financial penalty, except for those violations of the Highway Code or other applicable regulations, which are not attributable to the Customer. In any case, the Customer denounces any exception relating to the reimbursement of financial penalties possibly paid by the Charterer; in case of seizure or other type of vehicle downtime attributable to the Customer, the Charterer will charge the customer the daily rental rate for each day of vehicle downtime: € 300.00 1 day, € 420.00 2 days, € 530.00 3 days, € 100.00 each additional day.
• any expenses, including legal ones, that the Charterer had to incur in order to obtain payment of the sums due in any capacity by the customer.
• all administrative expenses, taxes and duties arising from the rental.
• compensation for damages caused by negligence to the vehicle in its entirety.
• the lack of turnover deriving from an accident caused by customer liability.
The customer acknowledges that the rental will end on the date and time of receipt of the vehicle and the related keys by the Charterer and that failure to return the same at the end of the rental will result in a charge of € 300.00. The renter’s invoice for the
sums referred to above, is payable on sight by the Customer; in case of delay in the payment of any amount, for any reason due and invoiced, the Customer must pay interest to the Charterer in the measure of the official discount rate in force on the date of the contract increased by 5 percentage points and always in compliance with the limits by law.
4. The customer undertakes to transmit to the renter, within two days, any report notified to him by the public authority. In the event of failure to promptly transmit these reports to the Charterer, the Customer will be responsible for any damage suffered by the Charterer, directly or indirectly caused by such failure to timely transmission.
5. The vehicle is insured for compulsory civil liability pursuant to law 990/69. The validity of the insurance coverage made available by the Charterer is subject to compliance by the Customer with all the relevant provisions. The general policy conditions are available to the customer, so that the customer can examine the contents. Without prejudice to traffic bans in countries not covered in this rental agreement, no insurance coverage is effective in the event of travel to countries other than those specified in this agreement. Therefore, the Customer will be entirely responsible for the damages and / or thefts that occurred in these countries. The customer is responsible for all damage to third parties or to the car that is not covered by insurance coverage.
6. The cars are covered by an automobile insurance policy which provides third party liability insurance for damage to animals or things, within the limits prescribed by applicable laws and regulations, with a maximum of € 6,000,000.00 (six million) with a deductible of € 200.00.
7. the customer undertakes to compensate the lessor for any damage for any reason that may have occurred to the vehicle. However, the Customer’s liability is limited to the deductible in the event that full insurance has been requested and accepted. In this case the deductible is equal to 10% of the damage occurred to the vehicle, with a minimum overdraft of € 400.00.
8. The customer is responsible for any possible compensation action taken by the insurance company for claims falling within the scope of the article of the general insurance conditions as per the “extract” attached.
9. In the event of accidents, the Customer can obtain a replacement of the car from the renter if the option was activated by the customer at the time of signing the contract. Only in this case, where it is impossible to provide a replacement car, the customer will be entitled to a refund of the agreed fee in proportion to the hours of non-use of the car caused by the breakdown.
The Customer undertakes to protect the interests of the Charterer and his Insurance Company by obliging himself to:
• Provide the names and addresses of the parties involved in the accident and of the witnesses;
• Do not admit any responsibility or fault for which you are not sure;
• Do not leave the vehicle unattended and without adequate protection;
• Immediately notify the Charterer of the accident by telephone, even in the event of minor damages, by sending a detailed report accompanied by a scheme;
• Immediately inform the police authorities in case of need for third party investigations in the event of injuries.
10. In the event of a breakdown, the car will be replaced if the option was activated by the customer at the time of signing the contract. Only in this case, where it is impossible to provide a replacement car, the customer will be entitled to a refund of the agreed fee in proportion to the hours of non-use of the car caused by the breakdown.
11. The customer declares himself aware of the fact that the mechanical solutions adopted, typical of the vehicle’s production period, are able to provide performance and to ensure a significantly lower degree of safety than those guaranteed by current cars. It therefore undertakes to drive the car with particular care and prudence and relieves the renter of any liability for accidents resulting from the limited mechanical performance and safety devices of the car.
12. Any aesthetic and / or mechanical damage present at the time of rental must be highlighted by the customer at that time. If it does not, it will be assumed that the customer agrees to use the car considering it in perfect condition both in the bodywork and in the mechanics. Therefore any damage not detected at the beginning of the rental by the customer can be contested.
13. The customer acknowledges that the Charterer can never be held responsible for loss or damage to the things transported, abandoned or forgotten in the vehicle, both during the rental and after the return.
14. Without prejudice to the responsibility d
the vehicle manufacturer for construction defects and the provisions of art. 1 of this contract, the Charterer will use normal diligence to keep the vehicle in full efficiency conditions. In the event that a vehicle failure occurs during the rental period, the Charterer will not be liable for damages of any nature, contractual and non-contractual, suffered by the Customer and due directly or indirectly to the aforementioned failures. However, the hirer will not be liable for damages resulting from failure to fulfill the due diligence obligation in the maintenance and operation of the vehicle.
15. The Charterer adopts the following cancellation policy:
• the Customer will receive a refund equal to 80% of the price paid or, at his choice, a voucher of the same amount valid for 24 months, up to one month before the cancellation request
• the Customer will receive a refund equal to 50% of the price paid or, at his choice, a voucher of the same amount valid for 24 months, up to 2 weeks before the cancellation request
• the Customer will receive a refund equal to 20% of the price paid or, at his choice, a voucher of the same amount valid for 24 months, up to one week before the cancellation request
• In case of No-show by the customer, no refund will be due.
The cancellation request must be made exclusively by email to the address: email@example.com
16. The customer undertakes not to assign, sell, mortgage or pledge this contract, the vehicle, the equipment, the equipment and any other part of it and in any case not to act contrary to the Renter’s property rights.
17. Any changes or additions to the conditions of this rental agreement will only be valid if made in writing.
18. This rental agreement is governed by Italian law. The court of Florence is identified as the competent court for the resolution of any dispute.
19. If the customer intends to extend the rental beyond the term established by the special conditions of this contract, he must immediately notify it in order to obtain authorization to extend it. The Customer is required to observe the agreements and conditions established in this rental agreement, even in the event that the charterer also in the event that the Charterer has authorized the extension of the rental period.
20. If a provision of this rental contract is void, this nullity will not determine the invalidity of the other provisions of this rental contract.
INFORMATION ON THE PROCESSING OF PERSONAL DATA
Dear Customer / Supplier
Holder. ClassicDrives srl with headquarters in via Candiano 25, 56028, San Miniato (PI), 3461496151, Part. VAT 02233460506, email: firstname.lastname@example.org, website: www.classicdrives.it (hereinafter, “Owner”), as data controller, informs you, pursuant to art. 13 Legislative Decree 30.6.2003 n. 196 (hereinafter “Privacy Code”) and art. 13 EU Regulation no. 2016/679 (hereinafter “GDPR”) that your data will be processed in the manner and for the following purposes:
Object of the treatment. The Data Controller processes your public personal data (as well as any contact person’s contact details within your organization spontaneously communicated by you for the fulfillment of contractual or legal obligations) and accounting / administrative / contractual data relating to the contractual relationship with us established and / or establishing, and NOT belonging to the particular categories of personal data referred to in art. 9 of the GDPR (also called “sensitive data” ie data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data relating to health or sexual life or orientation sexual) or data relating to criminal convictions and offenses referred to in art.10 of the GDPR. In carrying out the contractual services, the Data Controller may become aware of the data of your customers and in this regard it is your exclusive burden, care and responsibility to adopt all legal obligations towards them, also pursuant to the GDPR.
Purpose and legal basis of the processing. Your personal data are processed without your express consent (art. 24 letter a, b, c Privacy Code and art. 6 letter b, and GDPR), for the following purposes: to fulfill pre-contractual, contractual and tax obligations; fulfill the obligations established by law, by a regulation, by community legislation or by an order of the Authority; prevent or discover fraudulent activities or abuse; exercise the rights of the owner, for example the right to defense in court. We would like to point out that if you are already our customer, we will be able to send you information relating to the owner’s services and products similar to those you have already used, save your between opposition. The legal basis of the treatment are therefore legal and contractual obligations.
Processing methods. The processing of your data is carried out by means of the operations indicated in art. 4 Privacy Code and art. 4 n.2 GDPR and precisely: collection, registration, organization of conservation, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data. Your personal data are subjected to both paper and electronic and / or automated processing.
Duration. The owner will process personal data for the time necessary to fulfill the aforementioned purposes and in any case for no more than 10 years from the termination of the relationship without prejudice to different legal obligations.
Disclosure of data. Without your consent (pursuant to art. 24 letter a), b), d) Privacy Code and art. 6 lett. b) and c) GDPR), the Data Controller may communicate your data to supervisory bodies, to judicial authorities as well as to all other subjects to whom communication is mandatory by law for the accomplishment of said purposes. Your personal data will be accessible to the employees and collaborators of the Data Controller specifically authorized / in charge of the Treatment. Personal data may be transmitted to subjects to whom communication is required by law, by regulation, by EU legislation, as well as for the execution of contractual obligations (e.g. public bodies, supervisory authorities, banking institutions, etc.). Your data will not be disclosed nor is there any intention on the part of the owner to transfer the data to a third country or / to an international organization.
Rights. You have the right to access the data concerning you at any time (art.15 GDPR) and that are in our possession by writing to the contact details above as well as you have the right, in the presence of the legal requirements, to request the correction of inaccurate data (art 16 GDPR) or the cancellation of the same (art.17 GDPR) or the limitation of the treatment (art.18 GDPR) or to oppose their treatment (art.20 GDPR), in addition to the right to data portability (art.19 GDPR), without prejudice to legal and contractual obligations, you also have the right to lodge a complaint with a supervisory authority.
I refuse to answer. The provision of your data for the purposes indicated above is mandatory as it is necessary for the conclusion and / or execution of contractual and / or legal obligations, failure to communicate the data therefore makes it impossible to fulfill these obligations. There are no automated decision-making processes or profiling.