General Terms & Conditions
1. PREREQUISITES: CONDITIONS OF USE
The Vehicle may be driven by the Customer or, if indicated on the front of this rental agreement, by a “second driver” provided they are over 18 and have held of a valid driving licence for at least 12 months, entitling them to drive the type of Vehicle referred to in the agreement. The Vehicle may not be driven by other people without prior written authorization on the part of the Lessor. Consequently, the Customer assumes all risks and liability incident to or attendant upon his entrusting the vehicle to a third party, and also by effect of art. 116 paragraph XII of the Highway Code relating to the assignment to a person without a driving licence.
2. INSPECTION AND CUSTOMER OBLIGATIONS
The Vehicle is consigned to the Customer with a full tank of fuel and with all standard equipment, accessories and registration papers, of which to all effects and purposes the Customer becomes the custodian. The Vehicle is consigned in excellent working condition, without defects, and by signing this agreement the Customer declares he/she has inspected it and verified its excellent condition and to consider it suitable for use. With this agreement the Customer only takes temporary custody of the Vehicle, while the Lessor remains the full owner of same. The Customer acknowledges that he/she does not hold any real rights regarding the rented Vehicle and the accessories supplied and therefore is unable to treat same as if he/she was the owner.
The Customer must use the Vehicle in a reasonable and prudent manner and, in particular, undertakes to carry out any ordinary maintenance that may be necessary, to avoid rough road surfaces, and not to carry dangerous and/or illegal goods or objects;
he also undertakes not to use it in such a way as to render the insurance policies invalid, ineffective or inapplicable, not to carry passengers for compensation, whether expressly or tacitly agreed,
not to tow other vehicles,
not to drive under the influence of alcohol or drugs, not to use it to take part in races, give driving lessons or practise driving skills, not to sublet or sell it to others, or mortgage, pawn, or in any way pledge it , and in general to use it only for the purposes for which it is intended. The Customer may not drive it in any non-EU states and where the green card is not valid. The Customer will consequently be responsible for any breaches of the Highway Code committed in connection with the Vehicle, and must pay any fines incurred directly on the spot. In case of non-compliance, the Lessor shall impose a penalty of €50+VAT on the Customer for any outstanding fines, on top of any additional charges. The Customer undertakes to reimburse the Lessor, upon demand, for any administrative costs incurred. The cost of recovering the Vehicle shall also be borne by the Customer at the rate of €2/km. The Customer is obliged to fully compensate the Lessor for loss of a stolen Vehicle both in the event that he/she fails to return the keys or that theft is the direct result of manifest negligence on the part of the Customer.
3. OBBLIGATIONS OF THE CUSTOMER
The Customer undertakes not to provide false information regarding his/her personal details, age, address and driving qualifications, expressly exempting the Lessor from any prejudicial consequences that may arise in the event of false declarations. The Customer must have a valid driving license qualifying him/her to drive the rented vehicle, not being subject to legal restrictions or judicial or administrative measures.
The Customer also undertakes to pay the Lessor the amount indicated on the front of this agreement, plus VAT, and to return the vehicle at the place and on the date indicated in this rental agreement in the same conditions in which it was delivered, save for any normal wear and tear compatible with the duration of the rental and mileage. The Customer will also pay all the sums due for ancillary costs, if expressly accepted, fuel and other ancillary charges such as optional insurance coverage, if expressly agreed to (by ticking the relevant box on the front of this letter of agreement), fuel, extra mileage not included and other ancillary costs. If the Customer uses a credit card, he/she herewith authorises said card to be debited accordingly, also as regards the application of contractually agreed penalties/deductibles, unpaid fines and administrative sanctions, damage to the vehicle or third parties, within the agreed limits.
4. LIMITATIONS ON LESSOR’S LIABILITY
The Lessor is not responsible to the Customer or any other individual for damages of any nature, including economic loss, suffered by persons or assets due to failure to consign the Vehicle, ruined holidays, breakdowns or the defective functioning of the vehicle, accidents, thefts, riots, wars, natural events, force majeure events and unforeseeable circumstances. Any objects left in the redelivered vehicle are deemed to be abandoned and, therefore, within the limits of the law, the Lessor shall not be responsible for them. The Customer hereby waives, for him/herself and his/her heirs or assigns, all claims against the Lessor for any damage incurred by the Customer or third parties deriving from the use of the rented Vehicle, or for any loss or damage to the belongings of the Customer or third parties left in or on the Vehicle.
5. BOOKING AND CANCELLATION
Vehicles may be booked by email or phone. When booking the Customer must provide a copy of his/her driving licence, an identification document and tax code. 30% of the Vehicle rental for the required period must be prepaid to confirm the booking. The Customer undertakes not to provide false documents and/or false or incomplete information, assuming all responsibility arising from breach of this clause.
6. PICK-UP AND RETURN OF VEHICLE
Vehicles are delivered at the pick-up location indicated in this agreement. The Vehicle must be returned to the Lessor’s office during opening hours. If the Customer has previously been authorised to return the Vehicle out of office hours, the rental is not deemed to have ended until the offices reopen. If the Vehicle is returned more than 30 minutes late, the Customer will be obliged to pay a penalty (see art. 11). The Vehicle must be returned together with all its accessories, keys and registration papers/logbook. If any of these are missing, the Customer undertakes to pay a penalty (see art.11). Should the Customer wish to change the terms of drop-off (date and time) he/she must obtain the prior agreement of the Lessor. If the Customer fails to return the Vehicle at the agreed time and place the Lessor may repossess the Vehicle by any means it deems fit, even against the wishes of the Customer, who will be obliged to reimburse any expenses incurred.
Rentals may be paid for in cash, by debit or credit card, or bank transfer.
When booking the Customer is required to pay 30% of the rental cost. The balance must be paid when the Vehicle is picked up after issue of a regular receipt/invoice. The Lessor is obliged to accept vouchers issued by travel agencies only if presented on an Eco zero/Rentgarda form and within the limits of the indicated amount, with the exception of vouchers issued by agencies with which the Lessor has suspended or terminated its business partnership.
8. SECURITY DEPOSIT
The Lessor is entitled to ask the Customer to pay a security deposit (as indicated on the front of this rental agreement), without prejudice to any further claims for damages. The security deposit may be retained in the above-mentioned cases and charged to the credit card in the Customer’s name indicated in the agreement.
9. INSURANCE COVERAGE
The Vehicle is covered by R.C.A. insurance (Third Party liability Insurance) in compliance with the law, which covers damage to third parties (€250 excess/deductible including VAT) excluding the driver. The policy may be viewed at the Lessor’s premises and a copy is present inside the Vehicle which the Customer declares to have read. By accepting the RCA policy, the Customer will receive insurance coverage, up to the maximum threshold, with the fixed and percentage deductibles/excess and exclusions provided for in the policy.
The Customer is fully liable for any damage to the Vehicle, including fire and theft, and must indemnify the Lessor for the market value of the Vehicle. The Lessor may debit further sums by way of compensation for damages up to the full amount of Financial Liability indicated in this agreement.
Any additional (optional) insurance coverage will be effective on condition that the Customer has ticked the relevant box on the front of this rental agreement and has paid the Lessor the additional daily charge as indicated in the Lessor’s office and in this agreement. In the event of one of the above events occurring, the Lessor will charge the Customer € 50 (+ VAT) to cover administrative costs.
The Customer is fully liable for damages in cases of gross negligence and wilful misconduct, improper use of the Vehicle, driving under the influence of alcohol and/or drugs. This also applies in the case that the Customer does not return the keys to the Lessor, and in cases in which the insurance does not cover the damage completely.
10. ACCIDENTS – CLAIMS
In the event of an accident, the Customer undertakes to notify the Lessor immediately, to send a report within 24 hours with a full description (CID Accident Report form) of what happened, with names and addresses of the parties involved including any witnesses, to ensure the police make an official report, not to make any declarations of responsibility, to follow the instructions that the Lessor provides regarding the custody and/or repair of the Vehicle and in any case not to leave it unattended. In the event of partial or total theft, the Customer must immediately inform the Lessor and report it to the appropriate Authorities. In the event of an accident caused by the Customer, the Lessor will present an estimate for the replacement of the damaged parts with new ones; the list will be processed by Eco Zero and the Customer informed by mail together with photos of the damage.
Without prejudice to the responsibility of the Vehicle’s manufacturer as regards any structural flaws or defects and in accordance with Art.2 of this agreement, the Lessor shall act with all due diligence to ensure the Vehicle is maintained in good working order. The rental fees cover ordinary maintenance of the Vehicle, with the exclusion of puncture repairs. Any expenses incurred by the Customer for small repairs and advanced by same must be previously authorised by the Lessor and will be reimbursed on presentation of the invoice made out to the Lessor. If for objective reasons (night-time, festivities, closing times) it is not possible to obtain prior authorization, the Customer may pay for the repairs himself, up to a maximum amount of € 100 (including VAT). In the event of a malfunction or technical fault in the rented Vehicle for which the Customer is not responsible and which precludes the possibility of using the Vehicle, the Lessor will replace the Vehicle with a similar one, if possible. If this is not possible, Lessor will refund the Customer for the rental period already paid (by convention, compensation for further damages is excluded). If the Customer abandons the Vehicle without written authorisation, he/she will be required to reimburse all the direct and indirect costs involved in the retrieval of the vehicle and pay a penalty of € 2500.
12. VEHICLE SEIZURE AND IMPOUNDMENT
In the event of the Vehicle being seized, impounded or otherwise taken off the road for reasons attributable to the Customer, the Lessor will charge the daily rental fee for every day the Vehicle is off the road and until it is released, with a ceiling equal to the replacement value of the vehicle on the expiry date of the agreed rental period. In the event that this ceiling is reached, the Lessor, after having collected the full payment due to him, will transfer ownership of the seized confiscated vehicle to the Customer.
13. PENALTIES AND RETURN OF VEHICLE
Late return (30min grace period) €35, after 30 minutes, Customer will be charged for a whole day’s rent. Loss of keys or documents €150. Failure to refuel €15+ cost of the missing fuel. Failure to return helmet € 100.
14. CONTRACT AMENDMENTS
No amendments or additions to this Agreement shall be binding unless made in writing.
This RENTAL AGREEMENT shall be governed by and construed in accordance with Italian law. Any dispute or claim arising out of, or in connection with it, will be dealt with by the Court of Bolzano. In the event of any discrepancy between the Italian version of this rental agreement and the courtesy translation, the Italian version shall prevail.
16. DATA PROCESSING – PRIVACY NOTICE (ART.13 EU REG 2016/679)
Data Controller – Data Processors
ECO ZERO SRLS with registered office in Via Maso della Pieve 4/F – 39100 Bolzano (BZ). Tel: +39 380 3468000; e-mail: email@example.com; CEA: firstname.lastname@example.org Data controller: Sig. Valerio Tattara. Tel: +39 380 3468000; e-mail: email@example.com
Legal grounds: legitimate interest in the performance of rental agreements; informed consent required for receipt of newsletter
Purposes of processing: admin and fiscal formalities regarding motorbike and car rentals. Sending of newsletters
Categories of processed data: personal data (PII), Identity card, Driving licence, Credit card
Obligations and consequences: communication of personal data is compulsory. Consent to receive newsletters is optional
Recipients: natural persons and/or legal entities, public and/or private, when disclosure is mandatory or necessary for performance of the service; private or public bodies within the framework of regulatory provisions; employees within the ambit of their duties; advisors and accounting consultants, legal consultants and banking institutions.
Transfer of personal data to third countries and/or international organisations: data is not transferred to third countries outside the EU or to an international organisation.
Data retention period: administrative and tax data is stored for ten (10) years. Contact details for newsletters are stored for six (6) years. Data is processed automatically (by computer) and manually.
Rights of the data subject: the right to access, rectify, complete or delete data, limit processing, withdraw consent, lodge a complaint with a supervisory authority and oppose automated processing of personal data, including profiling
Exercise of data subject rights: requests to exercise a data subject right may be made to the Data Controller.
Complaint to Supervisory Authority: guarantor for the protection of personal data: Registered mail with recorded delivery, Piazza di Monte Citorio, 121 – 00186 ROMA; Tel: 06.69677; Fax: 06.69677.3785; firstname.lastname@example.org ; CEA: protocollo@pec.- gpdp.it
Profiling: data will not be subject to automated individual decision-making, including profiling.
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