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Written by: FrankInGoCars

Published: 09 July 2024

Hits: 77

1. VEHICLE DELIVERY.

Frank Rent Napoli S.r.l. (hereinafter referred to as "Lessor") delivers to the Lessee (hereinafter referred to as "Customer") the vehicle specified on the front page of this rental contract, in good condition.

Unless expressly and otherwise specified on the front page, the vehicle is delivered with a full tank of fuel and must be returned at the end of the rental with the same amount of fuel.

The vehicle is delivered with the following accessories: emergency triangle, standard tool kit, spare tire or inflation kit, reflective vest, insurance green card, and all necessary documents for circulation, including the insurance certificate and sticker, as well as any other accessory indicated on the front page.

At the time of delivery of the vehicle, the Customer is required to check the condition of the vehicle in the presence of the rental station staff and promptly report any visible damages and anomalies both inside and outside the vehicle not recorded on the form (so-called "Check-out"). By signing the "Check-out" form, the Customer acknowledges having received the vehicle in perfect order and in a condition consistent with that noted on the form they signed.

2. VEHICLE RETURN.

The Customer agrees to return the vehicle in the same condition except for normal wear and tear in relation to the mileage covered with the tires, equipment, documents, and all equipment provided. The vehicle will be returned to the premises of Frank Rent Napoli S.r.l. during opening hours in the city where it was rented and on the day and time specified in this rental contract. The rental cost of a vehicle delivered with a full tank and returned without the same based on the "like to like" rent policy will be increased by €2.50 per missing liter, plus a refueling service charge of €30.00.

At the time of return of the vehicle, the Customer is required to verify the condition of the vehicle in the presence of the rental station staff. In the absence of such verification, the Customer acknowledges the accuracy and validity of the findings made by the rental station staff. By signing the "Check-in" form and the statutory declaration, the Customer acknowledges having returned the vehicle in perfect order and in a condition consistent with that noted on the form they signed.

3. RENTAL DURATION.

The customer agrees to communicate any changes to the current rental to the rental agency and await specific authorization.

A rental day is considered 24 hours from pickup with a return tolerance of 59 minutes (considering agency opening hours), beyond which an additional rental day will be charged at the single-day rate increased by 50%, for delays exceeding 24 hours an amount equal to the single-day rate increased by 100% will be charged for each day or fraction thereof. Failure to return the keys or vehicle documents (even if the vehicle has been returned) will result in the continuation of the rental until they are returned.

Loss, theft, and/or non-return of the keys for any reason will result in a penalty of €450.00.

4. RENTAL EXTENSION.

If the Customer intends to extend the rental beyond the term specified in this contract, they must immediately notify the rental station to obtain authorization for the extension. The Customer is required to observe the terms and conditions set forth in this rental contract, even if the Lessor has authorized the extension of the rental period.

In the event that the customer, after entering into the rental contract, wants to return the vehicle (excluding cases where the return is caused by vehicle problems or faults), they will lose the entire rental cost but may receive a voucher for the free rental of another vehicle of equal value.

5. INSURANCE POLICY.

The Lessor guarantees that an RCA insurance policy has been taken out. The insurance policy does not cover damage suffered by the driver or caused by the driver's liability, as specified in the policy, whose clauses and conditions relevant to this article are available, upon request, in paper form at each rental station of the Lessor. The Customer and any other person authorized to drive, according to the contract, are covered by an automotive liability insurance policy for third-party damage to animals or property, within the limits prescribed by applicable laws and regulations.

Additionally, the Customer may subscribe to optional services and insurance indicated in this rental contract, for which the corresponding daily premium is indicated.

By signing the contract, the Customer declares to be aware of, accept, and commit to complying with the above clauses and conditions.

6. DAMAGE AND THEFT.

The Customer is responsible for damage and total or partial theft of the vehicle up to the amount of the deductible indicated in this contract.

The customer is obliged to subscribe to the damage limitation (CDW), an additional service that reduces the deductible for those responsible in the event of vehicle damage. The amount of the reduced CDW deductible is specified in the general conditions posted at the Lessor's stations.

The Lessor reserves the right to charge for damages caused by willful misconduct or gross negligence of the Customer, who agrees to pay the amounts due as requested by Frank Rent Napoli S.r.l.

In the event of an accident caused by the Customer or without indication of the counterpart, an amount of €250.00 will be charged for the administrative management of the accident. In the event of an accident, in addition to the above-mentioned deductible, the cost of recharging the airbag device will be charged to the Customer.

The Lessor reserves the right to charge the value of the vehicle (Eurotax reference), in the event of theft that occurred due to the willful misconduct, gross negligence of the customer, failure to return the vehicle keys; therefore, the Customer agrees to pay such an amount upon request by the Lessor. Notwithstanding the prohibitions on driving in countries not included in this contract and the insurance green card, no insurance coverage is effective in case of travel to countries other than those specified in the rental contract. Therefore, the customer will be fully responsible for damage and/or theft occurring in these countries.

7. VEHICLE REPLACEMENT.

In the event of an accident, the customer, subject to availability, can obtain a replacement vehicle from the Lessor.

In any case, the Customer agrees to protect the interests of the Lessor and its Insurance Company, committing, among other things, to:

1. provide the names and addresses of the parties involved in the accident and witnesses;
2. not admit any responsibility or faults unless certain;
3. not leave the vehicle unattended and without any safeguard;
4. immediately notify the nearest Frank Rent Napoli S.r.l. office of the accident by phone, even in case of minor damage, sending a detailed report accompanied by a diagram. Pursuant to art. 1913 c.c. and L. 26 February 1977, n.39, the Customer is required to report the accident to the Lessor by unilateral declaration or by amicable accident report form signed by the involved drivers, within 3 days of the occurrence. Failure to comply with this obligation will render the additional CDW services and those subscribed by the Customer ineffective;
5. immediately inform the police authorities in case of necessary investigations against third parties or if there are injuries. The Lessor does not guarantee in any case the replacement of commercial vans and prohibits their expulsion unless expressly authorized by the rental station.
6. VEHICLE USE.

The Customer agrees not to drive or use the vehicle and not to allow it to be driven or used:

1. outside the national territory without prior communication and authorization from the Lessor;
2. for the transport of people or goods for third parties;
3. for subleasing;
4. to push or tow trailers or other vehicles;
5. under the influence of drugs, narcotics, alcohol, or toxic substances or other substances capable of reducing a person's ability to understand and react;
6. to participate in races, road tests, and/or competitions of any kind;
7. for illegal purposes or contrary to applicable laws and regulations and in any case in violation of the traffic code of the state where the vehicle is driven;
8. on rough, unpaved, non-public, or "off-road" routes;
9. by any person acting in violation of applicable laws and regulations;
10. by a person not indicated on the front page of this rental contract;
11. for vehicle export under export regime;
12. for driving lessons or driving practice;
13. by a person who has provided the Lessor with false information about their age, name, or address;
14. according to art. 117 of the highway code, a driver who has had a license for less than one year will not be eligible to drive a car with a power-to-weight ratio exceeding 55 Kw/t. In the case of M1 category vehicles, that is, vehicles designed for transporting 8 people plus the driver, the so-called newly licensed driver cannot drive cars with a displacement equal to or greater than 70 kw/t, 95 HP and additionally cannot exceed 100 km/h on highways and 90 km/h on main extra-urban roads;
15. the violation of which, according to the previous provision ex art. 8 sub. n) may result in an administrative penalty ranging from €160.00 to €641.00 in addition to the suspension of the license from 2 to 8 months, with total exemption of liability for the Lessor;
16. by a person without a valid driver's license in the state where the vehicle is driven. Except for proof pursuant to art. 1588 c.c. the violation of even one of the preceding obligations, as well as the rules of the highway code and/or behaviors contrary to the diligence of a good family man, will result in the Customer being charged for all possible damages caused to the rented car.

In case of seizure or administrative detention of the vehicle, the Customer agrees to pay the Lessor, in addition to the agreed rental fee, an amount equal to the single-day rate increased by 50% until the day the authority releases the vehicle to the Lessor.

The Customer agrees to transmit to the Lessor, within two days, any report notified to them by the public authority. In case of failure to timely transmit such reports to the Lessor, the Customer will be responsible for any damage suffered by Frank Rent Napoli S.r.l., directly or indirectly caused by such failure to timely transmit.

Abroad, the vehicle may only be driven by the Customer named on this rental contract. In Italy, the vehicle may only be driven by the Customer, or by a person expressly indicated in the rental contract, and in the case of a company customer, by the legal representative or an employee of the same company.

The vehicle may be driven by other people with the prior written consent of Frank Rent Napoli S.r.l. and upon payment of the additional fee indicated in this contract.

9. PAYMENT.

The Customer agrees to pay the Lessor:

1. at the time of vehicle delivery: the security deposit in the amount indicated, based on the vehicle category rented, in the General Rental Conditions and shown on the front page of the contract, in the "Security Deposits and Payments" section; the rate provided in the rental contract and the fee for the extras requested by the Customer upon signing the rental contract, always as indicated on the front page of the contract, in the "Additional Costs" section;
2. at the time of vehicle return: the amount necessary to restore the original fuel level in addition to the supplement for the refueling service; the fee for the kilometers traveled by the vehicle during the rental, calculated based on the applicable rate; in case of damage or theft, the related deductibles and management costs; any extra rental days; the supplement for returning to a station other than the original (one-way rental); the penalty for late vehicle return as provided in art. 3 of this contract; roadside assistance, the penalties provided in the General Rental Conditions, if applicable, as well as the amounts related to any other service used by the Customer. The return must take place within 24 hours or multiples from the date and time of delivery. Delays exceeding 59 minutes will result in the charge of an additional rental day at the single-day rate increased by 50%; for delays exceeding 24 hours an amount equal to the single-day rate increased by 100% will be charged for each day or fraction thereof;
3. subsequently to the vehicle return: the amount corresponding to all fines received, tolls, and unpaid parking tickets during the rental period in addition to the management fees provided by the General Conditions, any expenses including legal ones that the Lessor should incur to obtain payment of the amounts due for any reason by the Customer, all administrative fees (equal to €49.586 plus VAT per fine), taxes, surcharges, and taxes deriving from the rental, as well as the amounts related to any other service used by the Customer.

The Customer and the co-obligor who use a credit card for payment accept that all the above-mentioned charges, as well as those referred to in art. 3, are charged to the credit card indicated on the front page of this rental contract.

The Customer is always and in any case obliged to pay the extras described in the rental contract.

To this end, the Customer authorizes the charge to the credit card indicated on the front page of this rental contract for all amounts due, directly or indirectly, due to the rental, even after the invoice for the same. In the case of a prepaid rental, the charge for the extras used, i.e., those additional services not included in the prepaid rental amount.

10. CUSTOMER OBLIGATIONS.

The Customer agrees to:

1. provide correct information about their identity, age, residence address, and ownership of the legal requirements for driving; the Customer also agrees to provide the Lessor with their phone number and email address to ensure the Lessor can reach them for the purposes provided by this contract;
2. drive the vehicle and keep it together with the provided accessories diligently and in compliance with all legal regulations;
3. ensure the vehicle's regular maintenance and check and, if necessary, adjust the levels of all lubricants, brake oil, and tire pressure;
4. pay maximum attention to always use the correct type of fuel, otherwise being responsible for the damages caused;
5. take all appropriate precautions to avoid any damage to the vehicle;
6. not carry out repairs (or have repairs carried out by third parties), unless expressly authorized by the Lessor;
7. pay any fine imposed on the rented vehicle, pay tolls and charges of any nature resulting from parking, during the rental period, and reimburse the Lessor for any expenses incurred, in addition to the management fees provided by the Particular Conditions;
8. hold the Lessor harmless from any claim made by third parties for damages to transported goods owned by the latter or in any case found on the rented vehicle;
9. verify and sign, at the time of vehicle return, the "Check-in" form indicating the vehicle's condition at that time; failure to sign the "Check-in" form by the Customer will result in the latter losing the right to raise subsequent disputes regarding the damages charged;
10. sign the appropriate form in which they explicitly declare that they have not suffered or caused any accident, even of minor entity, to allow the Lessor to protect its rights against fraud or unfounded claims;
11. return the vehicle at the same place and by the date and time indicated on the front page of this rental contract, with the same accessories present at the time of delivery and in the same condition as received;
12. pay a supplement in the case of "one-way rentals" if the vehicle is returned to a different station from the starting one;
13. return the vehicle as soon as the Lessor requests it; in case of non-return, the Lessor has the right to recover possession of the vehicle by any means, even against the will of the Customer and entirely at the latter's expense;
14. the Customer acknowledges that the rental begins on the date and time of delivery of the vehicle and keys by the Lessor and ends on the date and time of actual return to the Lessor's staff. In case of vehicle return during office closure and if the keys are left in the "key box", the rental ends on the date and time of the next office reopening. Together with the keys, the Customer must insert in the aforementioned box a signed declaration indicating the place and time of return, the mileage traveled, the fuel level, and any damage caused to the car.

The Customer is responsible for all damages found on the vehicle at the time of office reopening and not reported and is also responsible for the removal of the vehicle or parts thereof (windshield wipers, radio antennas, cigarette lighters, etc.) or the keys placed in the "key box" by third parties.

11. FURTHER CUSTOMER OBLIGATIONS.

The Customer agrees not to transfer, sell, mortgage, or pledge this contract, the vehicle, the equipment, and any other part thereof and in any case not to act in contrast with the Lessor's property rights.

The Terms and Conditions apply also to additional drivers indicated in the Rental Contract, who will be jointly responsible with the driver for all obligations arising from the Rental Contract.

Smoking/animals ban: smoking and transporting animals are prohibited unless in legally compliant containers. In case of violation of the ban, a minimum penalty amount will be charged, to be verified directly at the local rental station;

Cleaning: if the vehicle is returned in a condition requiring extraordinary washing (internally or externally), a minimum amount will be charged, to be verified directly at the local rental station.

Frank Rent Napoli S.r.l. reserves the right to charge the customer's credit card even after the rental is closed within a maximum of 365 days.

12. VEHICLE MAINTENANCE.

Without prejudice to the manufacturer's liability for vehicle defects in construction, the Lessor will use ordinary diligence to maintain the vehicle in full efficiency. In the event of vehicle breakdowns during the rental period, Frank Rent Napoli S.r.l. will not be liable for any damage of any nature, contractual or extra-contractual, suffered by the Customer and directly or indirectly due to such breakdowns, unless such events are attributable to the Lessor.

The Lessor will not be liable for damages resulting from the Customer's failure to comply with the diligence obligation in vehicle maintenance and operation.

13. EXPENSE REIMBURSEMENT.

The Lessor undertakes to reimburse any small maintenance expenses (oil, fluids, brake pads, and batteries) only upon presentation of an issued invoice.

Storage, washing, and tire puncture expenses are borne by the customer.

14.OBJECTS LEFT IN THE VEHICLE.

The Customer acknowledges that Frank Rent Napoli S.r.l. can never be held liable for loss or damage to items transported, abandoned, or forgotten in the vehicle, either during the rental or after return unless such events are attributable to willful misconduct or gross negligence of the Lessor.

15. DAMAGE COMPENSATION.

The Customer agrees to compensate the Lessor for any damage or theft, even partial, except for proof under art. 1588 c.c. The Customer is always entirely responsible for the amount of damage caused to the Lessor, regardless of the following provisions, if at least one of the following circumstances applies:

1. violation of applicable laws and/or the traffic code of the state where the vehicle is driven
2. use of the vehicle for an unlawful purpose
3. use of the vehicle in violation of the provisions of art. 7 of these General Conditions
4. vehicle returned damaged without a report certifying the dynamics of the accident and related documentation, complete with any C.A.I. form (Amicable Accident Statement)
5. failure to promptly report to the competent authorities in case of total or partial theft or vandalism and such circumstances are proven by a fine and/or customer's declaration and/or C.A.I. form and/or insurance company findings.

Except for the above cases, in case of an accident, the Customer participates in the economic damage suffered by the Lessor as follows: for the full amount concerning damage caused to lights, windows, tires, car rims, wheels, roof, underbody, and interior of the car and mechanical parts, as well as damage caused by weather events, natural disasters, and popular uprisings, while for damage caused to other parts of the car, they participate up to the maximum amount indicated as "damage deductible" in the General Rental Conditions and on the front page of the rental contract.

In case of total or partial theft, regularly reported to the competent authorities, the Customer participates in the economic damage suffered by the Lessor up to the maximum amount indicated as "theft deductible" in the Particular Rental Conditions and on the front page of the rental contract. Damages are qualified and quantified according to an estimate issued by a specialized workshop upon written communication to the customer.

The Lessor reserves the right not to immediately repair the car if the damage caused by the Customer does not affect its functionality.

16.ACCIDENT.

In the event of an accident, the Customer agrees to:

1. immediately inform the Lessor by phone, transmitting the completed C.A.I. form in detail within the next 24 hours or, failing that, a detailed report of the facts;
2. inform the nearest police authority;
3. not make any statement of responsibility;
4. take note of the generalities of all parties involved in the accident and any witnesses, including the generalities of the insurance companies of the vehicles involved (company, policy number, agency);
5. provide the Lessor with any other useful information;
6. follow the Lessor's instructions regarding the vehicle's custody and/or repair.

In case of non-compliance with even one of the above obligations, the Customer is responsible for all damages suffered by the vehicle, even in the case of a potentially active accident.

The Lessor does not guarantee the replacement of the rented vehicle in case of an accident, breakdown, or in any case abroad.

It is understood between the parties that in case of damage such as accidents and/or similar events, as well as the imposition of administrative sanctions (so-called fines), the Customer, upon receipt of the same by the Lessor, will be charged from the payment method used for the rental, the amount of €50.00 (fifty euros/00) as a re-notification management service.

The Customer, by signing this contract under art. 1384 c.c. acknowledges that this penalty is not manifestly excessive.

17. REPORTING OBLIGATION.

In case of vandalism, theft, and attempted theft of the rented vehicle, the Customer agrees to immediately report the incident to the competent authorities (Police and/or Carabinieri) and deliver the original report to the Lessor; in case of total theft, the Customer must deliver to the Lessor, in addition to the original report, the vehicle keys and the anti-theft device keys if the vehicle is equipped with them. In case of total theft, the rental fee, in addition to the deductible amount, is due until the date of actual delivery of the report and keys.

In case of failure to deliver the report and/or failure to return the keys, the Lessor will in any case charge the Customer, in case of total theft, a penalty equal to the official vehicle list price including options (net of VAT) and reduced by 15%, while in case of attempted theft and vandalism, failure to deliver the original report will in any case result in the Lessor charging a penalty equal to the entire economic damage suffered by the Lessor.

18. SATELLITE SYSTEMS.

The Customer acknowledges that the car is equipped with a satellite system and expressly and unreservedly authorizes the Lessor, or another entity appointed by it, to remotely monitor the movements of the rented car, in order to protect the Lessor from the commission of crimes against it, through satellite systems; the Lessor also reserves the right to communicate the data to Judicial Authorities, Insurance Companies, Law Firms, Companies specialized in the prevention and management of thefts and accidents, and to use or have the contents used for any protective action.

The customer accepts and agrees that if the car is not promptly returned, the lessor can autonomously go to the location and recover the car using the duplicate set of keys in their possession, without prejudice to the right of the rental company to seek compensation for damages suffered and to be suffered due to the lack of regular and timely return of the vehicle and the consequent contractual non-fulfillment.

19. JOINT CUSTOMER LIABILITY.

Anyone who enters into the rental contract on behalf of and/or for a third party is jointly and severally liable with the third party for full compliance with all obligations contained in this rental contract, without the benefit of preliminary enforcement; the Customer who enters into the rental contract is in any case liable for any fact, action, or omission attributable to the vehicle driver.

20. LESSOR LIABILITY EXEMPTION.

The Lessor is not liable to the Customer, the driver, or members of their respective families for damages of any kind suffered by them, including economic damage, both for personal injuries, limited to the application of articles 33 co. II lett. a) and b) and 36, co. II, lett. a) of Legislative Decree 205/2006, and for damages resulting from vehicle breakdowns or malfunctions or road accidents. In any case, the Lessor cannot be considered liable for any type of damage occurring due to thefts, riots, fires, earthquakes, wars, or other force majeure causes.

In case of finding objects inside the vehicle, the Lessor will notify the Customer, who must arrange for recovery or shipping at their own expense; if the Customer does not recover or ship within 30 days of the notice, the objects are considered abandoned, and the Lessor will not be obliged to keep or return them.

21. EARLY TERMINATION.

This contract may be terminated early by the lessor, pursuant to art. 1456 c.c., in case of violation by the Customer of these conditions, in case of Customer insolvency or in case of bankruptcy or other insolvency proceedings against the Customer.

In any case, the lessor, after written notice by registered mail A/R, pec, fax, telegram, or email, reserves the right to terminate this rental contract and any existing commercial agreement if the customer's economic and financial reliability requirements decrease. Following the early termination of the contract, the customer must immediately return the vehicle(s) to the lessor and pay the agreed fee until the vehicle is returned. Regardless of the signing of the insurance coverage under art. 5, the customer will be liable for damages caused to the vehicle due to improper use or disproportionate wear in relation to the kilometers covered, as well as for the commercial value of the vehicle if, in case of theft, they do not return the vehicle keys to Frank Rent Napoli S.r.l.

Frank Rent Napoli S.r.l. will not be liable for damages resulting from the Customer's failure to comply with the diligence obligation in vehicle maintenance and condition.

22. CREDIT NOTE.

After the agreed term for the payment of the amounts due, the Lessor is authorized to issue a debit note for late payment interest as provided by Legislative Decree 09/10/2002 n. 231 and subsequent amendments.

23. INVOICING.

The lessor will issue a regular invoice for the services provided in this rental contract in the name of the signatory, unless the latter enters into the rental in the name and on behalf of another person who has duly authorized them. In this case, such a different subject must be indicated in the rental contract at the time of signing.

24. CUSTOMER COMPLAINTS.

The Customer has the right to complain within 7 (seven) days from the end of the rental for any service failure received. Any disputes relating to charges made by the Lessor, for any reason, may be raised only after payment and in any case within 15 days of the charge.

25.DISPUTES.

In case of disputes regarding the correctness of the rental contract content, the data and documents contained in the Lessor's archive are binding between the parties.

26. PREVALENCE OF ITALIAN LANGUAGE.

In case of discrepancies between the Italian text and the English text of these General Conditions, the Italian text prevails, as it expresses the exact will of the parties; the English text, available upon request in paper form at each rental station of the Lessor, is a mere translation.

27. COMPETENT COURT.

This contract is governed by Italian law.

For any dispute between the parties regarding the rental contract, the Court of Naples has exclusive jurisdiction.

28. NULL CLAUSES.

If any provision of this rental contract is void, such voidance does not invalidate the other provisions of this rental contract.

29. CONTRACTUAL AMENDMENTS.

Any variation or addition to the terms of this rental contract will be valid only if made in writing.

30. PERSONAL DATA PROTECTION.

The Lessor, pursuant to art. 13 Legislative Decree 30/06/2003 n. 196 (Personal Data Protection Code) ss.mm.ii., informs that:

1. the data provided by the Customer for the conclusion and during the execution of this contract are stored at the Lessor's headquarters for the following purposes: registration, processing, documentation, commercial activities, archiving, etc.;
2. providing the data is mandatory for the conclusion of this contract;
3. failure to provide the data in question prevents the conclusion of the contract and the subsequent relationship;
4. data processing is carried out within the company for the activities identified in point a): the Lessor reserves the right to communicate the data to companies belonging to the same group - including affiliated and/or controlled companies - as well as parent companies (possibly with offices abroad) and to companies, consultants, entities, and/or partners with which agreements or commercial agreements for vehicle rental or other services related to rental have been concluded;
5. in case of contractual non-fulfillment, the Customer's personal data may be disclosed or transmitted to third parties to enable the recovery of the credit. The Customer also consents, if the rented vehicle is equipped with a satellite alarm or remote monitoring systems, to the processing of data relating to its location and the communication of the same to the entities appointed by the Lessor to recover the vehicle in case of theft or other illegal actions;
6. the Customer has the rights provided by art. 7 of Legislative Decree 196/2003;
7. the data controller is Frank Rent Napoli S.r.l. with registered office in Varese, Via Giovanni Bagaini n. 15;
8. the data processor is Alessio Cicoria.

By signing the rental contract, the Customer declares to have read and received the required explanations and, therefore, to know and accept these General Rental Conditions.

Pursuant to and for the purposes of art. 1341 c.c., the Customer expressly and specifically approves in writing the following articles 3-4-5-9-10-11-13-14-15-16-17-21-22-23-25-27-28-29.

Written by: FrankInGoCars

Published: 19 June 2024

Hits: 119

Privacy Policy

Processing of personal data in accordance with the principles of personal data protection established by Legislative Decree 196/2003, GDPR– EU 679/2016, Legislative Decree 101/2018, D.L. 139/2021 converted with Law 205/2021, Legislative Decree 24/2023. Unless otherwise specified, the mentioned articles refer to the current Privacy Code coordinated and updated, lastly, with the amendments made by D.L. October 8, 2021, no. 139, converted, with modifications, by Law December 3, 2021, no. 205, by Legislative Decree March 10, 2023, no. 24, effective from July 15, 2023, and by D.L. March 2, 2024, no. 19.

A) Data Controller

Frank Rent Napoli S.r.l. – Registered Office: Via Giovanni Bagaini 15 - 21100 - Varese (VA)- VAT and Tax Code: 08747371212

Certified Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

B) Definitions ex art. 4 GDPR 679/2016

Personal Data (or Data)

Any information which, directly or indirectly, in connection with any other information, including a personal identification code, makes a natural person identified or identifiable.

Data Subject

A natural person to whom the Personal Data refers.

Data Processor (or Processor)

A natural or legal person, public administration, and any other entity that processes personal data on behalf of the Controller, as described in the privacy policy presentation.

Data Controller (or Controller)

The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, including the security measures concerning the operation and use of this Website.

 The Data Controller

unless otherwise specified, is the owner of this Website.

This Website (or this Application)

The hardware or software tool through which the Personal Data of Users are collected and processed.

Service

The Service provided by this Website as defined in the relevant terms (if available) on this site/application.

European Union (or EU)

Unless otherwise specified, all references to the European Union contained in this document are extended to all current EU member states and the European Economic Area.

Cookie

Small piece of data stored in the User's device.

C) Types of Data collected

The following categories of personal data may be processed by us in connection with our services: 

• identifying personal data: name, surname, gender, address (private and/or business), password, and phone number, customer code;
• contact data: phone numbers, email address (private and/or business), fax numbers, third party phone numbers, content of communications (for example emails, letters, faxes);
• contractual data: driving license data, identity card and passport data, a selfie taken with the camera of a smartphone/tablet, vehicle categories, pick-up and return branch, extras/services booked, booking number and rental contract, auto-generated PIN, credit check outcome;
• financial data: credit card data, account and banking data;
• voluntarily provided data: this category includes the data you provide to us voluntarily, without explicit requests by us, and includes information such as your preferences regarding equipment and vehicle category, the nature of the complaint, or responses to a survey;
• third-party data: in the case you communicate to us, within the rental relationship, personal data of third parties (e.g., relatives, additional drivers, passengers), we will also process these data.
• vehicle data: e.g. vehicle identification number, model, manufacturer, license plate;
• special categories of data: in case of an accident, vehicle damage or similar events we also process your statements regarding the facts and the damage occurred. Such statements may be made by clients, passengers, or injured parties. In these cases, data regarding health, such as data related to injuries, blood alcohol content, driving under the influence of psychotropic substances or similar may also be processed. 
• location data: data we may process when using the Mobile Web Application, data detecting the location of the device, data allowing the location of the rented vehicle if it is equipped;
• telematics data for connected vehicles: location data: e.g., latitude, longitude, altitude, direction, GSM information (e.g.: signal), ID, geo-zone, accuracy; 
• vehicle status data: e.g. VIN, ignition, doors, tires, lights, information on fuel/battery, mileage;
• driving behavior data: e.g. speed, travel data, information on driving modes and consumption; -Maintenance/vehicle status data: e.g. warning lights, control messages, maintenance distance/time;
• damage data: e.g. accident intensity, sensor data, rollover alarm, telematic device diagnostics data: e.g. IMEI, voltage, modem temperature; data related to accidents/emergency calls: e.g. automatic or manual accident/emergency call, roadside assistance call; 
• special categories of data: in case of an accident, vehicle damage or similar, we process the data related to the respective occurrence and the damages suffered. These data may be provided by clients, passengers, or injured parties. Data processed in such circumstances may include data related to health, such as those related to injuries, blood alcohol level, driving under the influence of drugs, and similar. 

MODES AND PLACE OF PROCESSING THE DATA COLLECTED

D) Processing Mode

The Controller adopts appropriate security measures aimed at preventing unauthorized access, disclosure, modification, or destruction of Personal Data. The processing is carried out using computer and/ or telematic tools, with organizational methods and with logic strictly related to the indicated purposes. In addition to the Controller, in some cases, other subjects involved in the organization of this Website (administrative, sales, legal, system administrators) or external subjects (such as third-party technical service providers, postal couriers, hosting providers, IT companies, communication agencies) appointed also, if necessary, as Data Processors by the Controller ex. art. 2-quaterdecies. The updated list of these parties may always be requested from the Data Controller. The information you share with us will be used exclusively to provide you with the requested services. We will use the contact information provided to communicate with you for the provision of these services. We may use the contact data to send you information about our products and services, where permitted by you. We use Personal Data for analysis purposes and to be able to assist our customers by improving our services and websites.

E) Legal Basis for Processing

The Controller processes Personal Data relating to the User if one of the following conditions exists ex. Art. 45-bis implementing article 6, paragraph 2, as well as article 23, paragraph 1, of GDPR 2016/679:

• the User has given consent for one or more specific purposes;
• processing is necessary for the performance of a contract with the User and/or for pre-contractual measures;
• processing is necessary to comply with a legal obligation to which the Controller is subject;
• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
• processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party.

It is always possible to request the Controller to clarify the concrete legal basis of each processing and in particular to specify whether the processing is based on the law, provided for by contract or necessary to conclude a contract.

F) Place

The Data is processed at the operating offices of the Controller and in any other places where the parties involved in the processing are located. For further information on this aspect, you can contact the Controller.

The Personal Data of the User may be transferred to a country other than the one in which the User is located. For more information about the place of transfer, the User can refer to the section concerning details on the processing of Personal Data.

In case of higher protection, the User has the right to obtain information regarding the legal basis of the transfer of Data outside the European Union or to an international organization under public international law, as well as regarding the security measures taken by the Controller to protect the Data.

Should one of the transfers described above take place, the User can refer to the respective sections of this document or ask for information from the Controller by contacting him at the contact details provided at the beginning.

G) Retention Period

The Data is processed and stored for the time required by the purposes for which it was collected.

Therefore:

• Personal Data collected for purposes related to the performance of a contract between the Controller and the User will be retained until the completion of that contract.
• Personal Data collected for the purposes of the Controller's legitimate interests shall be retained as long as needed to fulfill such purposes. The User can obtain further information regarding the legitimate interests pursued by the Controller in the relevant sections of this document or by contacting the Controller.
• When the processing is based on the User's consent, the Controller may keep the Personal Data for longer until such consent is revoked.

The Controller may be obliged to retain the Personal Data for a longer period in compliance with a legal obligation or by an authority order.

At the end of the retention period, the Personal Data will be deleted. Therefore, the right to access, the right to deletion, the right to rectification, and the right to data portability cannot be exercised after expiration of the retention period.

H) Purposes of Processing Collected Data

The User's Data is collected to allow the Controller to provide its Services, as well as for the following purposes: Contacting the User, Statistics, Backup saving, and Display of content from external platforms.

For further detailed information on the purposes of processing and the Personal Data concretely relevant for each purpose, the User can refer to the relevant sections of this document. The data of those who do not purchase or use products/services, despite having had previous contact with representatives of the company, will be immediately deleted or processed anonymously, unless otherwise justified, unless the informed consent of the interested parties has been validly acquired for a subsequent commercial promotion activity or market research.

I) Details on the Processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

• Contacting the User:

the User, by filling out the contact form with their Data, consents to their use to respond to requests for information, quotes, or whatever nature indicated by the header of the form.

• Statistics:

the services contained in this section enable the Data Controller to monitor and analyze traffic data and are used to anonymously and for purely statistical purposes track the pages visited by the User.

• Backup saving and management:

this type of services allows the saving and management of backups of this Website on external servers managed by the service provider itself. These backups can include both the source code and the contents. No sensitive data is stored on the server.

L) User Rights

In case of higher protection, the User may exercise all the rights listed below. In all other cases, the User can contact the owner to find out which rights are applicable in his case and how to exercise them. In particular, under articles 15-16-17-18-19-20-21 of the European Regulation 679/2016 (GDPR) and national legislation, the interested party can, according to the methods and within the limits established by current legislation, exercise the following rights:

• Revoke consent at any time.
• The User can revoke consent to the processing of their Personal Data previously expressed.
• Object to the processing of their Data.
• The User can object to the processing of their Data when it is done on a legal basis other than consent. Further details on the right of objection are indicated in the section below.
• Access their Data.
• The User has the right to obtain information on the Data processed by the Controller, on certain aspects of the processing and to receive a copy of the Data processed. The User can verify the correctness of their Data and request its update or correction.
• Obtain the limitation of the processing.
• When certain conditions are met, the User can request the limitation of the processing of their Data. In such a case, the Controller will not process the Data for any other purpose other than its storage.
• Obtain the deletion or removal of their Personal Data.
• When certain conditions are met, the User can request the deletion of their Data by the Controller.
• Receive their Data or have it transferred to another owner.
• The User has the right to receive their Data in a structured, commonly used, and machine-readable format and, where technically feasible, to have it transferred without hindrance to another owner. This provision is applicable when the Data are processed by automated means and the processing is based on the User's consent, on a contract to which the User is part or on pre-contractual measures related to it.
• Propose a complaint under Art. 141.
• The User may propose a complaint to the competent Data Protection Authority or act in judicial proceedings.

How to exercise the rights

To exercise the User's rights, Users may direct a request to the contact details of the owner This email address is being protected from spambots. You need JavaScript enabled to view it.

COOKIE POLICY

This Website makes use of Cookies. To learn more and to take an informed look, the User can consult the Cookie Policy.

N) Additional Information on Processing

• Defense in court:

The User's Personal Data may be used by the Controller in court or in the preparatory stages to its possible establishment to defend against abuses in the use of this Website or related services by the User. The User declares to be aware that the Controller may be required to reveal the Data at the order of public authorities.

O) Changes to This Privacy Policy

The Data Controller reserves the right to make changes to this privacy policy at any time by informing Users on this page and, if possible, on this Website as well as, where technically and legally feasible, by sending a notification to Users through one of the contact details in possession of the Controller. Therefore, please regularly check this page, referring to the date of the last modification listed at the bottom.

If the changes affect processing activities based on consent, the Controller will, if necessary, collect the User's consent again.

Unless otherwise specified, this privacy policy exclusively concerns this Website.

Written by: FrankInGoCars

Published: 24 May 2024

Hits: 92