The undersigned (hereinafter , “Owner ” ) rents the vehicle to the customer (hereinafter, the “vehicle” ) identified in the special conditions of this rental agreement , the terms set forth therein , as well as to the following terms and conditions:
1. The customer and a representative of Sm Rent Se.ma sas will check the condition of the vehicle at the beginning of the rental and upon return of the vehicle. The representative of Sm Rent Se.ma S.A.S. provide the customer with a document proving any defect found at the time of rental. The Customer agrees to be responsible for any loss or damage to the vehicle , its documents, parts or accessories board occurred during the rental. The customer before starting the use of the rental vehicle is required to verify that the status of the vehicle’s condition corresponds to what is reported on the ” condition of the vehicle card ” signed . In case of discrepancy, the customer is obliged to immediately notify the detected any discrepancies to the owner for the variations of the case. Otherwise, the vehicle is presumed received by the Customer in good working order. The Customer undertakes to return the vehicle in equal conditions – subject to normal wear and tear in relation to mileage – with the tires , equipment , documents and all the equipment supplied. No claim will be accepted for damages found by the customer after delivery of the vehicle. The vehicle will be returned to the owner’s office 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 event of early termination of the this contract if the vehicle is used in violation of its provisions . With regard to the specific modalities for restitution and the consequences of any delay in delivery , we observe the provisions of article 3 . This contract may be terminated early by the owner, 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 insolvency proceedings be borne by the customer . In any case, the owner, after written notice by registered A / R , reserves the right to terminate the rental agreement and any trade agreement , if any, in the event of decrease in the reliability requirements of economic – financial customer, on which were based the assumptions mentioned agreements . Intimated the early termination of the contract, the customer is required the immediate return of the vehicle to the owner and to pay the agreed remuneration up to the date of delivery of the vehicle . Regardless of the underwriting of insurance coverage referred to in art. 7, the customer will be responsible for damage to the vehicle resulting from wear disproportionate in relation to mileage , damage to vehicles or persons due to improper use of the same , as well as to the commercial value of the same , if, in case of theft , does not return the keys to the owner of the vehicle. The owner 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.
2 . Except with our prior written consent, the vehicle puo’circolare in the following countries : Austria, Belgium, Croatia, Denmark , Finland, France , Germany, Great Britain, Greece, Iceland, Ireland, Italy , Luxembourg, Netherlands, Norway, Poland , Portugal, Slovenia , Spain, Sweden , Switzerland. The delivery service abroad is allowed only in the following countries : Austria, Belgium , France, Germany , Netherlands, Spain , Switzerland. Both abroad and in Italy the vehicle can only be driven by customer holder of this rental agreement or any other person whose data is regularly registered in the rental agreement . Under no circumstances should the vehicle be driven by people who do not meet our minimum requirements regarding age as indicated and specified in the procedure of the operating manual of Sm Rent Se.ma sas and possession of a valid driving license. 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 material , or any other pollutant transport in violation of laws or regulations ; ( b) for the carriage of passengers or goods for reward ; ( c) to push or tow another vehicle or trailer ; ( d) in competitions of any kind , sporting or otherwise, or evidence 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 . In such cases, the owner, except as provided in the following terms and conditions, will be exempted from any liability of any kind and nature, and , in cases where this is appropriate , shall be fully indemnified and held harmless by the Customer.
3 . The Client agrees to pay and / or reimburse the owner of the bill, as follows: (a ) the consideration for the kilometers traveled by the vehicle during the rental period , calculated at the applicable rate . ( b ) the amount calculated in relation to the duration of the rental. In case of delay exceeding 59 minutes, the owner is entitled 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 ; ( d) any other amount under this rental agreement by way of compensation and / or refund including additional sums required for the reduction / elimination of liability for damages and / or theft ; ( e) except as provided in article 8 , if the vehicle is delivered with a full tank of fuel, it was returned without the same service will be charged at the rate of riforninimento into force specified on the rental agreement , in addition to the cost of missing fuel . ( f) the amount of road tax in part transferred to the customer as mandatory costs that Sm Rent of Se.ma sas supports to keep the vehicle on the road ; the payment of airport charges / rail may be charged to reflect the higher cost of hiring from certain places. ( g ) a payment ‘ guide young ‘ may be charged if the customer or any additional driver is under 25 years old. ( h) the amount of the fines charged to the customer and / or owner for breaches of the Highway Code or other applicable law, committed during the rental , as well as the fixed cost of Euro 35,00 plus VAT per sanction , supported by the owner for the administrative management of such penalties . ( i) any amount relating to tolls not paid by the customer , as well as the fixed cost of Euro 35,00 plus VAT per sanction , backed by the owner to the administration of such non-fulfillment of the customer . The Customer shall be responsible directly to the authority which 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 owner will charge the customer the price of daily rent for each day of detention of the vehicle and other expenses related to it ; ( l) any expenditure – including attorneys – that the owner incurs for the payment of the amounts due in any way by the Customer; (m) all administrative expenses , fees , surcharges and taxes resulting from the rental ; (n ) compensation for damage caused by negligence , to the roof of the vehicle even if the Customer has paid the premium for the reduction or total elimination of liability for damages. The vehicle must be returned to the station Sm Rent of Se.ma sas contractually stated during the normal working hours of the station concerned. If the customer returns the vehicle outside of normal working hours must observe the instructions of the said station for the return overtime, in which case it will remain fully responsible for the vehicle until the station is reopened for the job. If these instructions should not be respected the Customer shall remain liable for the vehicle until such time as the owner is able to access it. The Customer acknowledges that the rental will expire on the date and time of receipt of the vehicle and its keys. The bill of the owner, for the sums referred to above , is payable on demand by the Customer ; in case of delay in the payment of any sum , for whatever reason , and invoiced , the Client shall pay to the owner ‘s interests as far as the official discount rate in force increased by 5 percentage points, but always within the limits of the law.
4 . The customer is obligated to convey to the owner within two days , every verbal notified to him by the authority. Failure to timely transmission of such minutes to the owner, the customer will be liable for any damage suffered by the owner, directly or indirectly caused by such failure to timely transmission .
5 . The owner is obligated to honor the vouchers issued by travel agencies only if written forms of Sm Rent Se.ma sas the amount shown , with the exception of bonds issued by agencies with which Sm Rent of Se.ma sas has terminated or suspended the partnership relationship .
6 . Customer and any other person authorized to drive , pursuant to art. 2 , are covered by an insurance policy that provides automobile insurance of civil liability for damage to property or animals , within the limits prescribed by the laws and regulations applicable in addition, the Customer may subscribe to the service and / or reductions / removals of responsibility optional set out in this rental agreement , for which it is indicated the corresponding daily cost . The general conditions of the policy are available to the customer , so that you can examine the contents.
7 . The customer is responsible for damage and theft of all or part of the vehicle up to the amount of the total liability for damage or reduced and / or theft . The customer can choose to subscribe to the CDW ( damage reduction penalty damages ) , additional service, which limits its liability for each loss or damage arising from a separate event , the penalty can not be eliminated damages specified in the rental document , in case of loss of , or damage to the vehicle, its parts or accessories , for reasons different from theft, attempted theft or vandalism . The amount of this reduction (CDW ) is specified in the general conditions set forth in the stations of Sm Rent Se.ma sas . The signing of the partial elimination (CDW) does not release the customer from taking the utmost care in the conduct of the vehicle. The owner reserves the right to proceed to damages for willful misconduct or gross negligence of the customer . For each left with an indication of the counterparty, both active and passive , will be charged the amount
Euro 35,00 plus VAT for the management of the claim . In case of accident addition to the above partial elimination will be charged to the customer the cost of the device is charging airbags . The customer has the obligation to underwrite coverage ” Theft Protection ” (TP ), which limits its liability for the loss of , or damage to the vehicle, its parts or accessories due to theft , attempted theft or vandalism, the penalty damages can not be eliminated indicated in the rental document . The amount of that liability reduced (TP ) is specified in the general conditions set forth in the stations of Sm Rent Se.ma sas . The signing of the partial elimination of the risk ( TP) does not release the customer from taking the utmost care to prevent the theft of veicolo.Il owner reserves the right to proceed to the value of the vehicle ( reference Eurotax ) in the case of theft that has occurred in part because of willful misconduct or gross negligence of the customer . The customer can choose to subscribe to the SPC ( Waiver of liability for damage to the vehicle ) , an additional service, which eliminates its responsibility for the loss of , or damage to the vehicle, its parts or accessories , for reasons different from theft, attempted theft or vandalism . The amount of this optional coverage is specified in the general conditions set forth in the stations of Sm Rent Se.ma sas . The owner reserves the right to proceed to damages for willful misconduct or gross negligence of the customer The customer can choose to subscribe to the STP ( Waiver of liability for theft of the vehicle ) , an additional service, which eliminates its responsibility for the loss of , or damage to the vehicle, its parts or accessories , due to theft, attempted theft or vandalism . The amount of this optional coverage is specified in the general conditions set forth in the stations of Sm Rent Se.ma sas . The owner reserves the right to proceed to damages for willful misconduct or gross negligence of the customer . The customer can choose to subscribe to personal insurance Optional PAI / SPAI , covering injury and death of the driver of the vehicle Sm Rent of Se.ma sas . The owner will never be held responsible for loss of , or damage to , goods personal belongings left in the vehicle during or after the rental period , unless these events are attributable to willful misconduct or gross negligence of the owner. These assets are in its entire risk unless they are covered by personal insurance optional SPAI . The amount of optional coverages PAI / SPAI is specified in the general conditions set forth in the stations of Sm Rent Se.ma sas . If third suffer death, personal injury or property damage caused by the use of the vehicle that involves a violation by the customer or by an authorized driver of any of the terms and conditions of this rental agreement , the customer agrees to reimburse the Sm rent of Se.ma sas As the Sm Rent of Se.ma S.A.S. insurers will be required to pay for each payment made by them to a third party on behalf of the Sm Rent Se.ma sas and / or third parties . The validity of the insurance coverage and / or partial deletions of liability provided by the owner is subject to compliance by the Customer with all the associated provisions that are available to the customer so that it can take cognition. Without prejudice to the bans referred to in the preceding Article . 2 of the terms and conditions of rental, no insurance coverage and / or partial elimination of liability is valid in case of travel in countries other than those specified . Therefore, the customer will be fully responsible for any damage and / or theft that may occur in these countries.
8 . Customers can choose to subscribe to the FPO option ( option purchase fuel) in which it purchases a full tank of fuel at the start of the rental ; there will be no charge for the supply , delivery of the vehicle ( even if the customer will not get any refund for any fuel remaining ) . Otherwise, the customer will pay the amount indicated in the rental contract for the fuel purchased .
9 . In the event of a claim , the customer may obtain from the owner a vehicle replacement. In any case, the customer is obligated to protect the interests of the owner and his insurance company , undertaking , inter alia, to: ( a) provide the names and addresses of the parties involved in the accident edei witnesses; ( b) does not admit any liability or guilt of which is not certain ; ( c) not leave the vehicle unattended and without proper safeguards ; ( d) give immediate notice of the accident by telephone to the nearest office of Sm Rent of Se.ma sas , even in case of minor damage , and submit a detailed report accompanied by a diagram . Pursuant to art. 1913 cc and Law 26 February 1977 . 39, the customer has the obligation to report the accident to the owner via unilateral denunciation or by accident accident report form signed by the drivers involved in the accident, within three days from the occurrence thereof. Failure to comply with this obligation by the Customer , will not operate additional services CDW and TP signed by the latter . (e ) immediately inform the police authorities in case of need for assessments to be paid by third parties or in the event that you are injured .
10 . Notwithstanding the responsibility of the manufacturer of the vehicle for any manufacturing defect and the provisions of Article 1 of this rental agreement , the landlord will use ordinary care to keep the vehicle under full efficiency. In the event that failures could occur to the vehicle during the rental period , the owner will not be liable for any damages of any kind, contractual and tort suffered by the Customer and due directly or indirectly to such failures , unless these events are borne by the owner . The customer will still be responsible for damages resulting from non-fulfillment of the obligation of diligence in the maintenance and operation of the vehicle.
11 . The Customer shall not assign, sell, mortgage or pledge this letter on rental vehicle , equipment , equipment , and every other part and in any case not to act in conflict with the property rights of Rent of sm Se.ma sas .
12 . Any change or addition to the conditions of this rental agreement will be valid only if made in writing.
13 . The present rental agreement is governed by Italian law .
14 . In case of conflict in interpretation between the Italian version and any translation courtesy of this rental agreement , the Italian version will prevail over the other .
15 . If the customer wishes to extend the rental beyond the period prescribed by the special conditions of this contract, it must immediately notify the lessor station in order to obtain authorization extension thereof. The Customer is obliged to observe the terms and conditions set forth in this letter of hire , even where the owner has authorized the extension of the rental period .
16 . The owner will bill the services under this rental agreement to the subscriber of the same , 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 party must be stated in the rental agreement at the time of subscription .
17 . The customer has been informed by Sm Rent of Se.ma sas that , pursuant to Legislative Decree 30 June 2003, n . 196 (hereinafter the ” Code”) , the data provided by the Customer will be processed in respect of that normativa.Titolare of treatment, according to the Privacy Code, is the owner. These data will be used for economic purposes of the owner, such as: (1) the conclusion and execution of letters of hiring vehicles and any connected , 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 owner 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. Finally , the data may be used by the owner, 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 same and shall be made: ( i) the natural persons expressly appointed in accordance with the Data Protection Code and of the appointment of the owner / manager i / i; ( ii) be responsible , specially appointed in accordance with the Privacy Code, which provide specific services to the owner of 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. As a result , the customer is aware that your data may be transferred electronically to other subjects such as: ( a) all companies in the group of Sm Rent Se.ma sas or otherwise lawfully use the trademark of Sm Rent Se.ma sas ; ( b ) a company specializing in the treatment and operational management of commercial credit to be disbursed to clients or potential Sm Rent of Se.ma sas or in carrying out the procedures provided for by law in connection with the execution of the rental agreement and / or purchase of used vehicles entered into by the owner ; ( c) companies and entities of an economic nature , in partnership with Sm Rent of Se.ma sas or group company of Sm Rent Se.ma S.A.S. , May offer the customer products and services of your interest . In any case, the Customer pursuant to art. 7 of the Privacy Code , you 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 may exercise the rights under Art. 7 of the Privacy Code , by sending to the attention of ” Privacy Officer ” , letter to the following address : Sm Rent of Se.ma sas AIRPORT AREA 07026 Olbia (OT) . In relation to the processing of personal data concerning him , as described above, the customer freely gives his or her consent , within the meaning and for the purposes of the Act.
18 . Event that any provision of this rental agreement was invalid, the invalidity does not determine the validity of the remaining provisions of this rental agreement.
19 . For all purposes , including litigation , relating to and connected with this contract , the Customer elects domicile at the address stated in the rental agreement .
20 . The Judicial Authority of Tempio will have exclusive jurisdiction to decide any dispute that may arise relating to the interpretation , application and enforcement of this rental agreement , whose terms are an integral part. Under 1341 and 1342 of the Civil Code, the parties declare to have read and understood , and to accept unconditionally the following conditions, which specifically subscribe : article 1 – article 3 – article 7 – art.9 – art. 11 – art.20 . ( Signature of the parties)