I wish to rent the vehicle above-written at your rental terms and conditions and at your current rates. I have received. read and accept the insurance general terms. I have received the information in accordance with the European Regulation UE 2016/679, c.d. GDPR, that I declare to have read, I agree the treatments described in it.
Customer’s signature for acceptance ……………………………………..
Since this a vintage car (more than 30 years old), “ClassicDrives srl” doesn’t guarantee for any problem or breakdown that the rented car may have during the renting period. The customer accepts the above mentioned statement and he exonerate “ClassicDrives srl” from all liability for possible inconvenience or breakdown.
Customer’s signature for acceptance ……………………………………..
I authorize ClassicDrives srl to charge on my credit card the amount of any penalties or other taxes deriving from the use of the vehicle during the rental time or for any damage caused in any circumstances. The total cost will include reparation and refurbishing of the vehicle to the same mechanical functionality and esthetic condition as the state at the time of delivery.
Customer’s signature for acceptance ……………………………………..
The ClassicDrives srl, with office in via Candiano 25 – 56028 San Miniato (PI), hereinafter referred to as the “Vendor”, rents out to the Renter the car selected at page 1 of this contract, to the present conditions and following terms:
- The Renter must report promptly any car failure or defect, which had not been noticed by the Vendor at the time of the car pick up. Otherwise, the vehicle is considered to have been received by the Renter in perfect conditions.
The Renter undertakes to return the vehicle in the same conditions it was when he picked it up (except for the normal wear due to the travelled kilometres), complete with tyres, equipment, documents, and the whole tool kit.
The vehicle will be returned to the Vendor on the day and at the time stated in this rental agreement or even before, in case of early rescission of this contract, if the vehicle has been used infringing the contract provisions. The Vendor can withdraw from this contract before the terms according to the Art. 1456 c.c. (Civil code) in case of infringement of the Art. 2 or 3 of this contract by the Renter, in case of insolvency of the Renter or bankruptcy or other exam procedures to the Renter.
The Renter will be responsible for the damages caused to the vehicle because of its improper use or a disproportionate wear with respect to the travelled kilometres. The Vendor will never be responsible for the damage occurred because of the Renter not fulfilling the maintenance and driving requirements.
- Only the Renter and the persons stated in this contract are authorised to drive the vehicle. The vehicle cannot be driven
in a drunken state or in a state of insensibility, due to alcohol, drugs abuse or psychotropic drugs misuse.
Besides, the vehicle cannot be used:
– for the transport of contraband goods or for any other kind of illegal transport
– for the transport of passengers or goods against payment
– for propelling or towing other vehicles or trailers
– for any race or competition or for road tests (in case not expressly authorized)
– for the transport of parcel post or packets
– to give driving lessons or to train driving
– for any other illegal purpose
– for the transport of people or goods not complying with the norms of the vehicle registration document or with the current regulations.
- The Renter agrees that the Vendor has to be paid or refunded in the invoice:
– the amount due for the kilometres travelled during the rental, exceeding the allowed mileage of 150 km per day, at the tariff of € 1.00 per km; the kilometres amount will be determined reading the millimetre of the vehicle, in case of failure of the milometer, according to the travelled kilometres resulting on the road map.
– the amount is calculated on the base of the rental time. In case the car is returned with a delay over 30 minutes, the Vendor will charge € 20.00 each 30’ delay.
– the cost of the fuel filling up and of this service, if the Renter chooses to return the vehicle with a lower quantity of fuel than it had at the pick-up time; penalty € 10.00 in addition to the consumption of petrol;
– the amount of fines charged to the Vendor because of the infringement of the Rules of the road or of other norms in force during the use of the car. The Renter will be responsible directly to the authority inflicting the fine, except for infringements of the Rules of the road or of other norms, the Renter cannot be charged with. The Renter will anyway declare any exception, related to the refunding of the fines which could have been paid by the Vendor; in case of attachment or of different kinds of stops of the vehicle caused by the Renter, the Vendor will charge the Renter with the daily rental fee for any day the vehicle has been stopped:
– any cost, including the legal ones, the Vendor should bear to obtain the payment of due amounts by the Renter.
– all administrative costs, taxes and fines connected to the rental
– the compensation for the damages caused by operating the vehicle and any part of it in a negligent manner.
– the loss of profit because of accidents caused by the Renter
The Renter agrees that the rental ends on the day and at the time the vehicle and its keys are dropped off at the Vendor’s, in case the keys are not returned at the end of the rental there will be an extra charge of € 300.00. The Vendor invoice for the abovementioned amount can be paid on demand by the Renter; in case of delay in the payment of any sums, due and invoiced, the Renter will have to pay to the Vendor interests according to the official discount rate in force during the life of the contract increased by 5 percentage points and always according to the legal limits.
- The Renter undertakes to report within two days to the Vendor any order to pay a fine. In case of failed immediate report of these orders to the Vendor, the Renter will be liable for any damage occurred to the Vendor, directly or indirectly caused by this lack of prompt communication.
- The vehicle has a full or partial insurance cover against civil liability, compulsory according to the ex-law 990/69. The validity of the insurance covers offered by the Vendor depends on the fulfilment of all corresponding provisions by the Renter. The general policy terms are at the Renter’s disposal; therefore, he can control their content. It being understood that it is forbidden to drive in the countries which are not stated in this rental contract, no insurance cover is valid in case of travels to countries different from the ones specified in this contract. Therefore, the Renter will be liable for any damage and /or thefts occurring in those countries. The Renter is liable for any damage occurred to third parties or cars not covered by insurance.
- The cars are covered by a car insurance policy, covering civil liability against thirds parties for damages to animals or objects, according to the limits provided for by law and applicable rules, with a limit of liability of € 6.070.000,00 (6.070 million euro).
7 Renter shall compensate Vendor for any damage sustained by the vehicle for any reason. However, in case Renter accepted comprehensive coverage, renter’s liability shall not exceed 10% of damage with a minimum deductible of € 400.00.
- In case of accidents, the Renter can be provided a substitutive vehicle by the Vendor. The Renter undertakes to defend the Vendor’s interests and the insurance company interests by:
– delivering names and addresses of the parties involved in the accident and of the witnesses
– not confessing any guilt’s in case he is not sure of his liability
– not leaving the vehicle unattended without an adequate protection
– promptly reporting on the phone the accident to the Vendor, also in case of small damages, sending a detailed report with a scheme
– promptly reporting to the police, in case of necessary assessment of third parties when there are injured.
- In case of fault a new car will not be provided and a refund of the agreed amount will not be provided. In case Renter accepted, he can ask for the service of mechanical assistance with substitutive car to the costs described in page 1.
- The Renter declares to know that the mechanical features, typical of the vehicle production time can guarantee performances and assure a much lower safety than present cars. Therefore, he undertakes to drive the car with particular attention and caution and releases the Vendor from any responsibility for accidents caused by the limited mechanical performances and the car safety devices.
- Any existing external and/or mechanical defect at the time of the rental shall be pointed out by the Renter. In case he does not do it, it will be taken for granted that the Renter accepts to use the car, considering it being in safe and sound conditions, as for bodywork and mechanical aspects. Therefore, any damage, which has not been pointed out at the beginning of the rental by the Renter, could be disputed.
- The Renter agrees that the Vendor will never be considered liable for losses or damages to goods, which have been transported, abandoned, or left in the vehicle during rental and after the car drop off.
- It being understood that the builder of the vehicle is liable for the production faults and for what is stated in Article 1 of this contract, the Vendor will take the usual care to maintain the vehicle in perfect working order. In case of failures occurred to the vehicle during the rental, the Vendor will not be liable for any damages, inside or outside the terms of the contract, occurred to the Renter and due directly or indirectly to the above mentioned failures. The Vendor will not be responsible for the damages caused by the failure in the usual care to maintain and drive the vehicle.
- The Renter undertakes not to transfer, sell, mortgage or pawn this contract, the vehicle, the devices, the equipment and any other part and anyway not to interfere with the ownership rights of the Vendor.
- Any change or annex to the terms of this rental contract will be valid only if it is written.
- This rental contract shall be governed by Italian law. Place of jurisdiction for the settlement of any issue is the court of Florence.
- If the Renter wants to extend the rental over the special terms contained in this contract, he shall report it promptly to the Vendor, to be allowed to extend it. The Renter is bound to fulfil the provisions and the terms of this contract, even when the Vendor has authorised the extension of the rental time.
- If any provision of this rental contract is void, it shall not affect the validity of any remaining provisions of this rental contract.
Customer’s signature for acceptance ……………………………………..
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. Iva 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 n. 2016/679 (hereinafter, “GDPR”) that your data will be processed in the manner and for the following purposes:
Object of the treatment. The Owner treats your personal data (as well as any contact details of the contact person within your organization spontaneously communicating to you for the fulfillment of contractual or legal obligations) and the 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 revealing racial or ethnic origin, political opinions, religious or philosophical convictions, union membership, genetic data, biometric data, data related to health or sex life or orientation sexual) or data relating to criminal convictions and offenses referred to in Article 10 of the GDPR. The Holder in the performance of contractual services may become aware of the data of your customers and in this regard it is your exclusive charge, care and responsibility to adopt all the legal obligations towards them, also under the GDPR.
Purpose and legal basis of the processing. Your personal data is processed without your express consent (Article 24 letter a, b, c Privacy Code and article 6 letter b, and GDPR), for the following purposes: fulfill the pre-contractual, contractual and fiscal obligations; fulfill the obligations established by law, by a regulation, by community legislation or by an order of the Authority; prevent or detect fraudulent activity or abuse; exercise the rights of the owner, for example the right to defense in court. Please note that if you are already a customer, we can send you information about services and products of the owner similar to those you have already used, save your opposition. The legal basis for processing is therefore the legal and contractual obligations.
Method of treatment. The processing of your data is carried out by means of the operations indicated in art. 4 of the Privacy Code and art. 4 n.2 GDPR and more precisely: collection, registration, conservation organization, consultation, processing, modification, selection, comparison extraction, 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, except for different legal obligations.
Data communication. Without your consent (pursuant to Article 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, judicial authorities and all other parties to whom the communication is mandatory by law for the fulfillment of the said purposes. Your personal data will be accessible to the employees and collaborators of the Data Controller specifically authorized / in charge of processing. Personal data may be transmitted to subjects to whom communication is required by law, regulation, community legislation, as well as for the performance of contractual obligations (eg: public bodies, supervisory authorities, banking institutions, etc.). Your data will not be disclosed nor is there any intention on the part of the holder to transfer data to a third country or / to an international organization.
Rights. You have the right to access the data concerning you at any time (Article 15 of the GDPR) and that are in our possession by writing to the addresses above as you are entitled, in the presence of legal requirements, to request the correction of inaccurate data (art 16 GDPR) or the cancellation of the same (Article 17 GDPR) or the limitation of processing (Article 18 GDPR) or to oppose their treatment (Article 20 GDPR), in addition to the right to data portability (Article 19 GDPR), without prejudice to the legal and contractual obligations, you also have the right to lodge a complaint with a supervisory authority.
Refusal to answer. The provision of your data for the purposes indicated above is mandatory as necessary for the conclusion and / or execution of contractual and / or legal obligations, the non-disclosure of data therefore implies the impossibility of fulfilling these obligations.
There are no automated decision-making processes or profiling.
For receipt and acknowledgment,
- Company, Company, Professional, Body __________________________________________________