Rental Agreement
GENERAL CONDITIONS AND LESSOR'S OBLIGATIONS
1. Gold Engine by Davide Serra – Cagliariautonoleggio.com – (hereinafter referred to as the Lessor•) delivers to the lessee (hereinafter referred to as the Customer) the vehicle indicated on page 1 of the rental agreement with the following accessories: warning triangle, usual tool kit, a spare wheel, green insurance card and all documents necessary for the circulation of the vehicle such as the Vehicle Registration Certificate which must always be left inside the purchased vehicle and the insurance sticker as well as the other accessories listed on page 1. The rental vehicle is supplied with a full tank of fuel, unless otherwise indicated on page 1 of the rental letter, and must be returned at the end of the rental with the same quantity of fuel; otherwise, the Customer is obliged to pay for the remainder of the missing fuel in addition to the supplement for refueling according to the rates indicated in the official brochure.
2. The Lessor undertakes to reimburse the Customer for the sums he/she has spent for repairs to vehicle breakdowns, provided that the same are shown on an invoice duly addressed to Gold Engine di Davide Serra – Cagliariautonoleggio.com -. In the event of expenses exceeding € 51.05, the Customer must request and obtain prior authorization from the Lessor.
3. The customer undertakes to: a) drive the vehicle and to look after it and its accessories diligently and in compliance with all legal provisions; b) take care of its ordinary maintenance, greasing, checking the levels of lubricant and brake fluid; c) pay the fines for each fine incurred during the rental and reimburse the Lessor for the costs incurred by the latter in addition to €10.00 as an expense relating to each fine. The Customer is obliged to communicate to the Lessor any report notified to him by the public authorities within 24 hours; d) hold the Lessor harmless from any claim made by third parties for damages suffered by them in the goods, transported, or otherwise found in the vehicle. The Customer acknowledges that he does not hold any rights to the vehicle and cannot, therefore, dispose of it even as a pledge. The Customer authorizes the Lessor to charge the costs foreseen and signed on page 1 on his/her financial credit card; the Customer authorizes the debit of any costs in case of return of the vehicle without the lessor's control or any damages contested by means of communication (certified email, fax, email or registered letter) sent to the residence or data declared in the contract within 50 hours of return of the vehicle.
4. The Customer undertakes not to drive or use the vehicle, and not to allow and/or tolerate others to drive or use it: a) in a country other than the European Community or where the green insurance card is not valid and in any case where there is political unrest or a state of war; b) for the expatriation of the vehicle under export regime; c) for the transport of people or goods on behalf of roofs; d) for competitions or speed tests and to give driving lessons to practice the same; d) at excessive speed; e) in breach of the provisions of the new highway code or for purposes contrary to the law; 1) if the persons are different from those indicated in the rental contract, or if they have provided false information regarding their age, name and address, and in any case if they are persons under the age of 21 or over 75, or for rentals of vehicles with an engine capacity greater than 1400 cc (inclusive), persons under the age of 23 who have held a driving licence for less than 3 (three) years.
5. Insurance: 1,500,000.00. a) The Lessor guarantees that the vehicle is insured with a civil liability insurance policy for the Customer and any other person authorised to drive the vehicle for damage to persons, property and animals within the limits prescribed by applicable laws and regulations and with a single maximum of Euro of the vehicle, to his spouse who is not legally separated, to his ascendants and descendants. The insurance policy does not cover damages incurred by the legitimate, natural, adoptive driver, his affiliates and other relatives and in-laws up to the third degree. In the event of a damaging event, it is attributable to the driver. The Lessor places on the Customer's deposit a special exclusion of liability for damages incurred by the Customer and the subjects indicated above, within the maximum of €30,000.00 (thirty thousand) that the Customer purchases by signing the special box on page one of the rental agreement under the conditions indicated therein ("Personal Insurance"). b The Customer undertakes to compensate the Lessor for any damage that occurs for any reason to the vehicle. The Customer has the right, within the limits specified, to reduce the amount of damage to be compensated to the value of the deductible specifically indicated in the official brochure by signing the appropriate box on page 1 of the rental letter under the conditions indicated therein (CDW car damage coverage): The aforementioned limitation of liability is in any case valid and effective only in cases involving damage that occurs in a collision with another vehicle and provided that there has been a violation of any of the provisions contained in articles 4 and 5 of the general contract conditions or of legal provisions. The CDW limitation of liability clause does not in any case include damage to the wheels, the underside of the vehicle and the loss of the vehicle's accessory documents. If the customer does not accept the COW limitation of liability clause, it is mandatory to pay in advance at the beginning of the rental as a security deposit a deductible whose amount is specifically indicated in the official brochure, which will be fully refunded to the customer upon return of the vehicle intact and without any damage. In the event of a damaging event, the Customer is responsible for the payment of the aforementioned deductible, for the damage caused to the vehicle in addition to the amount corresponding to the rental fees not carried out during the time required to carry out the distribution based on the lowest rate between the one in force indicated in the official brochure or the ANIA tables in force at the time of delivery of the vehicle. The compensation for the expenses incurred for the purchase of spare parts, labor and towing is intended to be the value of the list price of the suppliers; c) By purchasing the super COW (commonly called Super Casko) the Customer has the right to eliminate the CDW damage deductible. dl The Customer is responsible for cases of theft or fire of the vehicle, of which he is obliged to immediately report to the Police Authorities and to send a copy to the Lessor. In such cases the Customer is obliged to pay the rental fee for the period between the beginning of the rental and the date of receipt of the report by the Lessor, according to the rate agreed at the beginning of the rental, or according to the official rate if the report is received after the expected delivery date. The Customer is obliged to deliver the keys of the vehicle together with the report. In any case of failure to deliver the keys, the Customer is obliged to pay the Lessor the entire value of the vehicle according to the blue Eurotax price list taking as reference the date of the theft report. The Customer has the right to reduce the amount of damages to be compensated for theft and fire cases to the value of the deductible specifically indicated in the official brochure by signing the special box on page 1 of the rental letter under the conditions indicated therein (TLM Theft and Fire Coverage). If the customer does not accept the TLW liability limitation clause, he is obliged to pay in advance at the beginning of the rental as a security deposit a deductible whose amount is specifically indicated in the official brochure, which will be fully refunded to the Customer upon return of the vehicle intact and without any damage. e) The validity of the liability limitation clauses provided above is subject to the Customer and the aotonized driver's compliance with all the provisions relating to the obligations set out in Articles 4 and 6 of these general contract conditions. Without prejudice to the prohibition on circulation referred to in Article 4 letter a, no limitation of liability is effective for rentals performed in countries other than those specified therein. f) It is reconfirmed that, in order to benefit from the super CDW and super TLW provided for in the aforementioned paragraphs Sb, Se and Sd, the accident must occur without the customer being held to have been guilty of actual negligence in driving, specifying how paragraphs 4 and 6, the vehicle must be used exclusively according to the principle of good family management and in compliance with the Italian laws in force. It is emphasized that, even in the case of purchasing the super CDW and super TLW All extra accessories, such as chains, child seats, radio antenna, spare wheel, accessories, license plates, documents, ignition key, satellite navigator, the amount to be compensated is to be determined on the market value of the object. In any case, damages caused by fraud or gross negligence of the Customer will be charged, charging In addition to the damage, the administrative costs incurred, the cost of repairing the damage includes spare parts, labor, technical downtime of the vehicle, towing, and storage costs. g) in the case of rental of special groups such as minibuses, cargo vans, convertibles, automatic luxury cars, the possible purchase of the super COW and super TLW does not completely eliminate the expected deductibles but reduces them by 2/3. The lessor is in any case exonerated from any liability for damages occurring to transported goods or the theft of the customer's personal objects.
6. In any case of accident, the Customer is required to comply with the following obligations: immediately inform the Lessor by telephone, telegram, fax, WHATSAPP, email or certified email and send within 24 hours of the event a detailed report of the incident written in the appropriate form enclosed in the vehicle documents, inform the nearest Police Authority from which to obtain a copy of the report to be sent to the rental station within 24 hours, fill in the amicable accident report in its entirety, taking note of the personal details of the parties and any witnesses, the license plate numbers of all vehicles involved, the data relating to their ownership and insurance coverage, diligently follow the instructions provided by the Lessor regarding the custody and repairs of the vehicle. In the event of failure to comply with even one of the aforementioned obligations, the Customer will be responsible for the damage suffered by the vehicle, even in the case of a potentially active accident, the Lessor does not guarantee the replacement of the vehicle with other vehicles in any case of accidents related to damage or theft. 6 bis, Additional insurance coverage is cancelled in the event that the relevant offices ascertain non-compliance with Italian laws, making the Customer fully responsible for the amount of damage caused to the rental car.
7. In case of vandalism the deductible is 500 Euros, in case of accident caused 1000 Euros. In case of theft, or accident and car disposal 20% of the value.
8. The Customer undertakes to return the vehicle and keys to the Lessor at the place and within the timeframe indicated on page 1 of the rental letter with all accessories in the condition in which it was received. Group A vehicles must always be returned to the station where the rental began. Outside of the aforementioned hypothesis, if the vehicle is returned to a station other than the initial one, the Customer is obliged to pay a supplement (surcharge for the via lascia VAI) according to the official brochure. The Customer is obliged to return the vehicle as soon as the Lessor requests it. In the event of failure to return it, the Lessor has the right to recover possession of the vehicle by any means, including at the will of the Customer and entirely at the expense of the same. The Customer acknowledges that the rental will end on the date and time of receipt of the vehicle and the relative keys by the Lessor. If the Customer is authorised to return the vehicle during office closing hours, the rental will end on the date and time of reopening of the same. In the event of returning the vehicle during office closing hours, without specific authorization, the Customer is still held responsible for all damage found on the vehicle when the office reopens, and is equally responsible for the theft of the vehicle and the keys placed in the box by third parties for any reason.
9. the Customer is obliged to pay the Lessor at the end of the contract the rental rate per kilometre (calculated by reading the odometer) or the time rate, the amount is specified on page 1 of the rental letter; in the event of a malfunction of the odometer, the rate due will be determined based on the fixed value of travel equal to 2 km per day. Whenever the rate is measured by the number of days, the term day defines a period of 24 hours and fractions starting from the moment of delivery of the vehicle to the customer, unless otherwise indicated. A delay in delivery with respect to the scheduled time exceeding 59 minutes will result in the calculation of an additional full day of rental, b) the VAT in force at the time of closing the contract. c) the amount for refueling pursuant to art. I. d) for rentals that begin at an airport, Airport Zones calculated as a percentage of the rental amount, including entry with the exclusion of the amount of fuel and taxes, and the rates for the special limitation of liability clauses pursuant to article 5, or the supplement for one-way trips pursuant to article 7. g) reimbursement of expenses for the recovery of the vehicle not returned for any reason. h) in any other form provided for in this contract as compensation and/or reimbursement. i) any expense that the Lessor has incurred to obtain payment from the Customer of the sums due as above. 10. Whoever enters into the rental contract in the name and on behalf of a third party or as his legal representative is jointly and severally liable with the latter for full compliance with all the obligations contained in this contract, without the benefit of prior exclusion. The Customer who enters into the rental contract is in any case liable for any fact, action or omission attributable to the driver of the vehicle. 11. In the event of failure or incorrect payment of the amounts due, the Lessor has the right to issue a debit note to the Customer or jointly and severally liable for the payment of the defaulting payments at the official annual discount rate increased by five percentage points and always in compliance with the limits of the law. 12. The Lessor will issue an invoice only when this is requested at the time of signing the rental contract and the Customer has declared the tax code or VAT number and PO. 13. The Lessor is in no way liable, except in cases of willful misconduct or gross negligence, in the accounts of the Customer or any other person for losses or damages suffered and of any nature, including purely economic damages resulting from the breakdown and unusability of the vehicle that does not cause damage to the items transported, forgotten or abandoned in the vehicle, both during the rental and after its return. 14. Any modification or integration of this contract will be valid and effective only if approved in writing by the parties, 15. In the event of a different interpretation of the texts in Italian and English of these general contract conclusions, the text in Italian will prevail. 16. For any dispute between the parties, the Court of Cagliari shall have exclusive jurisdiction. 17. Information pursuant to Article 13 of Regulation UI 679/2016, Dear Customer, pursuant to Article 13 of Regulation SE 679/2016 (GDPR), we inform you that for the establishment of the management of the ongoing relationship, the current legislation has established the obligation to communicate to the interested bodies the purposes and methods of processing personal data. In accordance with the legislation indicated and in accordance with the principles of correctness, confidentiality and your rights, we therefore inform you of the following information: 1 NATURE: The data provided by you will be processed to carry out obligations arising from contractual obligations, in relation to the sales operations of used vehicles. In some cases, the processing may also concern sensitive and particular data (for example, law 104/92 regarding any disabilities and health status); 2-PURPOSE The processing will be carried out using manual and computerised methods by personnel of our organisation specifically appointed to process personal data and in possession of personal self-notification credentials for access to electronic tools; 3.MANDATORY: The provision of data is mandatory; any refusal to provide the data will make it impossible to provide the subscribed service. The data collected may be useful upon explicit consent, to present you with commercial offers and promotional material 4. COMMUNICATION AND DISSEMINATION: The data may be communicated to third parties for the completion of mandatory obligations and for the execution of some services connected to the provision of our services. Therefore, your data will be communicated to agencies handling car paperwork; public and private entities that can access the data pursuant to legal provisions: public or private entities that carry out activities inherent and instrumental to the performance of the contractual relationship such as IT service companies and professional companies for the management of credit and related services; our consultants who will be appointed as data processors or data controllers (for example payroll processing centers, tax consultants, legal consultants), your data will be shared as far as our secee is concerned: internal protocol offices or divisions; accounting and invoicing personnel; stage management personnel. 5-SUBJECTS: The owner and controller of the data processing section is GOLDEN ENGINE di Davide Serra Car rental and sales Via Avogadro 7 Cagliari PI / CF SRRDVD94L18B354U REA CA 353080 tel. +393426752108 - info@cagliariautonoleggio.com . RIGHTS OF THE INTERESTED PARTY: The code grants the interested party the exercise of specific rights of article 13). In particular, the interested party may obtain from the owner confirmation of the existence or otherwise of the ownership of personal data concerning him and their communication in an intelligible form. The interested party may also request, completely free of charge, to know the origin of the data, the purposes and methods of processing, as well as the logic applied in the event of processing carried out with the aid of electronic instruments. An indication of the identifying details of the owner, of the appointed managers and of the Subjects and categories of subjects to whom they may be communicated or who may become aware of them. The interested party has the right to oppose, in whole or in part, for legitimate reasons, the processing of personal data concerning him, even if pertinent to the purpose of collection, and processing concerning him. The interested party has the right to rectification (article 16) and to erasure of data - right to be forgotten (article 17). The data will be processed until the end of the contractual relationship. The rights in question may be exercised, even by a specific Appointment, by email to the address: info@cagliariautonoleggio.com , by registered letter to the following address: GOLDEN ENGINE di Davide Serra Car rental and sales Via Avogadro 7 Cagliari . In exercising the rights, the interested party may confer, in writing, delegation or power of attorney to natural persons, entities, associations or organizations. The interested party may also be assisted by a trusted person. The interested party also has the right to file a complaint with the privacy authority