Discovering Trapani Srls Sas, (hereinafter "DT") rents the vehicle to the Customer (hereinafter, the "vehicle") identified in the conditions of this signed rental agreement, the terms set forth therein, as well as to the following terms and conditions:
- The customer at the time of delivery and before the pick-up is required to promptly report any faults of the vehicle not detected by DT. Otherwise, the vehicle is being presumed received by the Customer in good working conditions. The Customer undertakes to return the vehicle in equal conditions - subject to normal wear and tear in relation to mileage - with the tires, documents and all the equipment supplied. The vehicle will be returned to an office of 'DT - during opening hours - in the city where he was hired or in a different place and the day and time specified in this rental agreement, or earlier in the case of dissolution of this contract if the vehicle is used in violation of its assembling. This contract may be terminated earlier by 'DT, pursuant to art. 1456, in the event of a breach by the Customer of Articles 2 or 3 of this Agreement, in the event of the insolvency of the Customer or in the event of bankruptcy or other incidental event borne by the customer.
In any case, DT, by written notice, reserves the right to terminate the rental agreement and any business agreement, in the event of decrease in the Customer’s economic or financial reliability requirements on whose premises were based above-mentioned agreements.
Notified the early dissolution of the contract, the Customer is required the immediate return of the vehicle owned by the DT and to pay the agreed remuneration up to the date of delivery of the vehicle.
Regardless of the signing of the conditions referred to in art. 6, the Customer will be liable for damages caused to the vehicle due to improper use or resulting from disproportionate wear and tear in relation to miles driven and, as a penalty, the commercial value of the vehicle if, in case of theft, it does not return to DT the keys of the vehicle.
DT will not be liable for damages resulting from non-performance by the Customer of the obligation to exercise due care in the maintenance and operation of the vehicle and reserves the right to proceed with the charge, as a penalty, the damage incurred to the vehicle, however, related to obvious intent and / or gross negligence of the customer in the use of the carrier.
- The vehicle can be driven only by customer holder of this rental agreement or any other persons, both in Italy and in foreign countries permitted with the prior written consent of the DT. By no means the vehicle can be driven by people who are not in possession of a valid driving license for at least one year and / or under the age of 25.
It is permitted to drive under the age of 25 as long as they bear a valid driving license for at least 2 years.
The vehicle also must not be carried out by people in a state of drunkenness or unconsciousness due to abuse of alcohol or drugs.
Finally, the vehicle must not be used:
- (a) for the transportation of smuggled goods, explosive of pollutant material, or any other transport in violation of laws or regulations;
- (b) for the paid carriage of passengers or goods;
- (c) to push or tow another vehicle or trailer;
- (d) in competitions of any kind, sporting or otherwise, or trials of pathways;
- (e) for the transport of packages mails;
- (f) to give driving lessons or to practice the same;
- (g) for any other use in violation of laws or regulations.
- The Customer undertakes to pay and / or compensate to the DT on the invoice, as follows:
- (a) the additional indemnity for the kilometers traveled by the vehicle during the rental period, calculated at the rates applicable in cases where neither a tariff for unlimited KM.
- (b) the amount calculated in relation to the duration of the rental. In case of delay exceeding 59 minutes, the DT is authorized to charge an additional rental day;
- (c) the additional fee if the vehicle is returned in a place other than that in which it was rented; the additional fee if the vehicle is returned in place and / or date other than that agreed at the start of hire;
- (d) any other amount under this agreement in consideration for optional features and / or refund including additional sums required for the reduction / elimination of liability for damages and / or theft;
- (e) the cost of topping up the fuel and related service if the customer chooses to return the vehicle with a fuel quantity less than that received. However, if the customer agrees to purchase at the beginning of a rental full of fuel, the cost of which will be indicated in this contract, it will not be charged for the service, but will not be refunded the remaining fuel;
- (f) the amount of the fines charged to the customer and / or the DT for violations of the Highway Code or other applicable law, committed during the rental, as well as the fixed cost of Euro 25,00 plus VAT., for the administrative management of each sanction
- (g) any amount relating to tolls not paid by the customer, as well as the fixed cost of Euro 25,00 for administrative management of such breaches. The Customer will be responsible directly to the authority that imposed the penalty, except for those violations of the Highway Code or other applicable regulations, which are not attributable to the Customer. In case of seizure or other type of immobilisation of the vehicle due to the customer, the DT will charge the price of daily rent for each day of detention of the vehicle;
- (h) all expenses - including legal - that are incurred by the DT to obtain payment of the amounts due in any way by the Customer
- (i) all administrative costs, fees, surcharges and taxes resulting from the rental;
- (l) the compensation for damage caused by negligence, roof, tarp or camber of the vehicle, even if the customer has paid the amount of the reduction or the total elimination of economic responsibility.
The Customer acknowledges that the rental will expire on the date and time of receipt of the vehicle and its keys by the DT and that the failure of return the keys to the end of the rental will result in a charge of € 200.00 (excluding VAT Article 15 of P.D.633 / 72).
It is further understood that, if the return of the vehicle and its keys has been authorized by the DT during the closing time of the rental office, the rental will expire on the date / time of the reopening of the rental office remaining the same Client responsibility for any damage found in the vehicle.
In the event of late payment of any sum, for whatever reason, and invoiced, the Client will pay all DT’ interest in the amount of the official discount rate in force, increased by 5 percentage points, but always within the limits of the law.
- The customer is obliged to transmit to the DT, within two days, every deed notified to him by the authority. Failure to timely transmission of such minutes to the DT, the customer will be liable for any damage suffered by the DT, directly or indirectly caused by such failure to timely transmission.
- The customer is responsible for the damages of the vehicle. DT will charge, by way of penalty for the damage suffered, the amounts, up to the amount of the Economic Responsibility stated in this agreement. The customer may choose to sign the Additional Service that reduces or eliminates the penalty for the Economic Responsibility, for those held responsible for damage to the vehicle. The signing of the Additional Service that reduces or eliminates the liability for damages will not relieve the Customer from taking the utmost care in the conduct of the vehicle. The DT, as a penalty for the damages caused by the Customer, reserves the right to proceed the charge of damage caused by wilful misconduct or gross negligence of the Customer. In case of damage, DT will charge the amount of € 50.00 VAT included, for the administrative management of the accident.
Customer is responsible for total or partial theft of the vehicle up to the amount specified in this contract. The Customer is obliged to sign the Additional Service that reduces the Economic Responsibility in case of theft, while the subscription is optional for the Elimination of economic responsibility in case of theft. Reduction / Elimination of Liability for theft, does not release the Customer from taking the utmost care to prevent the theft of the vehicle. In case of total or partial theft the amount of € 50.00 VAT included, will be charged for the administrative management of the practice. DT reserves the right to proceed to, as a penalty, the value of the vehicle (reference Eurotax) in case of theft that has occurred due to the wilful misconduct or gross negligence of the Customer.
Without prejudice to the bans in countries not covered in this rental agreement, the Reduction / Elimination responsibility for economic damages and Reduction / Elimination Economic responsibility for theft will not be operating when traveling in countries other than those specified in the lease agreement. In such cases, the Customer will be required, as a penalty, a complete indemnity of damage occurred to the vehicle or, in the case of theft, the payment of the market value of the vehicle according to the official listing Eurotax the month and year in which it occurred theft.
- All vehicles are covered by compulsory insurance RCA according to applicable laws. The policy R.C.A. guarantees insurance coverage for civil liability towards third parties, animals and things.
In addition, the Customer can subscribe for the insurance policy of the driver and the passengers.
The general conditions of the policy are available for the Customer at the office of the DT, for the Customer’s review of the contents.
- In case of an accident, the Customer can get the DT vehicle in return. In any case, the Customer agrees to protect the interests of the DT and its insurance company, undertaking, inter alia, to:
- (a) to provide the names and addresses of the parties involved in the accident and witnesses;
- (b) not admitting any liability or fault of which is not certain;
- (c) not leave the vehicle unattended and without adequate protection;
- (d) give immediate notice of the accident by telephone to the nearest office of the DT, even in case of minor damage. In order to allow DT the immediate opening of the case and in compliance with the terms as per arts. 1913 and 1915 of the Civil Code., The Customer is obliged to notify immediately the DT about the accident, but within and not later than 48 hours after, sending the CAI filled in with the counterparty or a detailed report accompanied by a diagram of the dynamics and counterparty data. In order to protect the Customer from any claims for damages by third parties, relating to events that occurred during the rental period, and for which the Customer is not responsible, it is mandatory subscription at the end of the rental of the form "Declaration required" proving the involvement or not in an accident. If such declaration is not consistent with the events actually occurred, the Customer will be prosecuted to the effects of the law for misrepresentation. In case of disputes with third parties, no later within 5 working days from the letter A / R that DT will send, the Customer undertakes to give effect to specific requests of documents, providing further collaboration and sending all the possible elements of its knowledge that is not yet transmitted to the DT and relevant for the proper management of the defensive line.
If the Customer fails to comply with these obligations this will make inoperative the Additional Service for the Reduction / Elimination of Liability for Damage signed by the latter. In addition, any costs that may arise as a result of demand for damages by third parties and in respect of which the DT is unable to produce documentation in defence, will be entirely charged to the Customer.
- (e) immediately inform the police authorities in case of need for assessments to be paid by third parties or in the event if there are injured.
The DT does not guarantee in any way the replacement of cargo vans and strictly prohibits the expatriation without the express permission by the rental location.
- The Customer acknowledges that the DT will never be liable for any loss or damage to goods carried, abandoned or forgotten in the vehicle, whether during or after the rental return, unless these events are attributable to wilful misconduct or gross negligence of the DT.
- Without prejudice to the responsibility of the manufacturer of the vehicle for any manufacturing defect and as it determined at the Article 1 of this contract, the DT will use ordinary care to keep the vehicle under full efficiency. In the event that during the rental period some failures could occur to the vehicle, the DT will not be liable for any kind of damages, contractual and tort suffered by the Customer and due directly or indirectly to such failures, unless these events are attributable to the DT. The DT will not be liable for damages resulting from non-performance by the Customer of the obligation to exercise due care in the maintenance and operation of the vehicle.
- The Customer will not assign, sell, mortgage or pledge this Agreement, the vehicle, the equipment, facilities and every other part and in any case not to act in conflict with the property rights of the DT.
- Any change or addition to the conditions of this rental agreement will be valid only if made in writing.
- The present rental agreement is regulated by Italian law.
- In case of conflict in interpretation between the Italian version and any translation of this rental agreement, the Italian version will prevail over the other.
- If the Customer wishes to extend the hire beyond the deadline set by the conditions outlined in this agreement, he must immediately notify the lessor station, in order to obtain authorization of extension of above cited. The Customer is obliged to observe the terms and conditions set out in this rental agreement, even assuming that the DT has authorized the extension of the rental period.
- The DT will bill the services under this rental agreement to the subscriber of above cited, unless they will not contract hire in the name and on behalf of another person who has duly authorized to that. In this case, the other part must be indicated in the lease agreement, with an obligation of his signature and subject to trade agreements notwithstanding;
- The customer has been informed by the DT that, pursuant to L. D. no. 30 June 2003, n. 196 (hereinafter the "Code"), the data provided by the Customer will be processed in accordance with that legislation.
Holder of the treatment, according to the Privacy Code, is the DT Sas., Italia 42, 44 – 91100 Trapani.
These data will be used for economic purposes of the DT, such as:
- (1) the conclusion and execution of contracts for the hire of vehicles and any related contracts, as well as creation of a database of customers for such purposes;
- (2) implementation of international standards of payment systems (eg, bank transfers, debits / credits through credit cards, debit cards, etc.);
- (3) the activities of sending advertising material and use in the context of studies and analyzes of commercial and consumer habits.
In addition, the data may be used by the DT in order to enable public authorities to forward their complaints to the Customer liable for breach of the Highway Code or other applicable legislation, relating to the payment of financial penalties by the Customer. The Customer is informed that electronic devices can be installed on vehicles DT for detecting the geographical position of the vehicle and / or recording of driving parameters. These data will be used by DT only in case of theft, failure to return the vehicle, accidents or other misconduct in which the vehicle may have been involved and will not be retained beyond the period necessary for such purposes or disclosed to persons other than by public authorities, insurance companies, and professional staff who provide DT services necessary for the protection of its rights in the cases mentioned above.
Finally, the data may be used by the DT, pursuant to art. 24 of the Act, for other activities authorized by express provision of law or provision of the Guarantor for the protection of personal data.
The data will be processed using suitable means to ensure the security and confidentiality of the above mentioned and will be made:
- (i) by the natural persons expressly appointed in accordance with the Data Protection Code and of the appointment of the owner/s, responsible/s;
- (ii) by responsibles, specially appointed in accordance with the Privacy Code, which provide specific services to the DT analysis and / or data processing;
- (iii) by individuals and organizations with the right to access personal data of the Customer as permitted by regulations in force or enacted in the future.
Providing data from the Customer and consent to data processing are free and are necessarily functional to the establishment and the performance of this contract.
In any case, the Customer pursuant to art. 7 of the Privacy Code, can get information at any time about: the origin of personal data; the purposes and methods of treatment; the storage and processing of data; the identity of the owner and managers; categories of subjects to whom the personal data may be communicated or who can learn about them as managers or agents.
The Customer has the right to obtain: the updating, rectification, integration, cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data which need not be kept in relation the purposes for which the data were collected or subsequently processed. If required, the Customer also has the right to seek a declaration that the operations mentioned above have been made known, including with regard to their contents, to those to whom the data were communicated.
The Customer can extend the rights under Art. 7 of the Privacy Code, by sending to the attention of "Privacy Officer", letter to the following address: Discovering Trapani Srls Sas Corso Italy 42, 44 91100 Trapani or communication sent by accessing the website www.rentaltrapani.com
In relation to the processing of personal data, as described above, the Customer freely gives his or her consent, within the meaning and for the purposes of the law. If any provision of this rental contract was invalid, the invalidity does not determine the validity of the remaining provisions of this rental agreement.