GENERAL CONDITIONS

This section contains the full text of the rental agreement that customers are invited to subscribe to our agencies before retiring the car.

ASV hereby rents to the client (the “Client”) the vehicle (the “vehicle”) specified on the front page of this rental letter upon the terms and conditions set forth therein and hereunder:

A)  Equipment: The vehicle is delivered whit sealed speedometer, normal accessories, triangle, one spare- wheel. The Client is responsible for the return of the above mentioned equipment in good conditions.

B)   Delivery and collection of vehicle: The rental is effective as from the day and time the vehicle is delivered to the Client and will end on the day and time the vehicle is returned to ASV. The vehicle is delivered in perfect conditions and must be returned at the premises of ASV in the same conditions as it was delivered, except for the ordinary wear and tear, on the day and at the time specified in this rental letter. Should the Client wish to amend the terms established for returning the vehicle (date, place, time) he shall notify to ASV a request thereof at least three days prior to the date established for the return and obtain ASV's prior written consent. If the vehicle is returned in a different station from the one agreed at check-out and without Dan.Travel’s prior authorization Customer will be charged a penalty fee of Euro 150,00 plus V.A.T.

C)   Guarantee deposit: The guarantee deposit is compulsory. Should any damages result at the time the vehicle is returned to ASV, the guarantee deposit shall be withheld by ASV on account of the sums due by the Client for the reimbursement of said damages, without prejudice to reimbursement of further damages. In case no damages are noticed, the guarantee deposit will be offset, in whole or in part, against the sums due to ASV in consideration for the rental pursuant to section H, point 1) here below.

D)   Maintenance of vehicle. The Client undertakes to properly use the vehicle and to perform all the maintenance operations indicated by the vehicle manufacturer and will be held responsible for any damages caused to the vehicle. The client shall verify regularly the levels of engine oil, cooling liquid and brakes fluid and in any case after every 1000 Kms. driven. Costs for garaging, washing and mending flat tires are at Client’s charge. Oil, greasing and minor repairs due to normal wear will be reimbursed only upon presentation of proper invoices headed to ASV issued from the supplier (specifying the date, name and address of the supplier, the plate number and mileage on the vehicle) and of the parts which have been replaced. In the event of serious damage, the Client will report to the nearest ASV rental office for assistance and possible replacement of the vehicle.

E)   Use of the vehicle: The vehicle shall by the Client or by the “second driver”, if indicated in the front page of this rental letter, provided that they are at least 21 years old and hold a regular driving license released since no less than 12 months, allowing the older to drive the vehicle. No other person can drive the vehicle, without the ASV’s prior written authorization.

In addition, the vehicle shall not be driven by incapable persons or by persons under the effect of alcohol or drugs, or whose psychophysical conditions area in contrast whit the Road Code.

The vehicle will be used whit all due care and responsibility and must not be used for:

a) illegal transportation of goods (smuggling, transportation of drugs and/or dangerous goods, etc);

b) transportation of passengers upon payment of a fare either expressly or implicitly agreed;

c) illegal purposes, speed contests or trials or any other contest;

d) the Client shall not take the vehicle the previous consent of ASV

F)   Coverage and insurance

a)      The vehicle is insured for the public liability insurance towards third parties and for damage to animals and things within the limit set forth by the laws and regulations applicable in the country where the vehicle is registered;

b)      Accident the Client is responsible for the full value of the vehicle and/or damages occurred to it. The Client may reduce or completely waive the deductible as per the current tariff at the time of rental, by initialing an extra daily amount for CDR (Collision Damage Reduction) or CDW Plus (Collision Damage Waiver Plus). Both CDR and CDW Plus are effective in the event of accidents with other parties. In the event of accidents or damages without party, the Client is fully responsible for the damages occurred. In any case, the Client will be held responsible for damages caused to the vehicle by improper use or deriving from a wear of the same out of proportion with the distance covered during the rental or for any other use in breach of laws or regulations.

c)      Theft: The Client is fully responsible for the full value of the vehicle in the event of theft and/or partial or total fire. The Client may reduce or completely waive the deductible as per the current tariff at the time of rental, by initialing an extra daily amount for TP (Theft Protection) or TP Plus (Theft Protection Plus). In the event of theft or fire he win pay to ASV only the reduced part of the deductible or nothing. In any case, the Client and/or the driver are fully responsible for full compensation if the keys are not returned, even though TP and TP Plus have been accepted.

d)      The Client avails himself of the optional insurance coverages provided to Dan.Travel’s clients from one of the first Insurance Companies in Italy to cover the risks of death or injury of the driver (P.A.I. policy).

Optional insurance coverages shall be effective provided that upon the Client’s initialing the relevant box on the front page of this rental letter and paying ASV the extra daily rates as displayed in ASV offices.

Copy of all the above insurance policies can be consulted by the Client at Dan. Travel’s registered office.

The Client is not guaranteed by any insurance coverage:

1)                for damages occurred to ASV by the immobilization of the vehicle to make repairs due to Client's fault;

2)                for the costs borne by ASV for the transportation of the vehicle by towage and/or for the reparation of the same;

3)                for damage to third parties and passengers as scheduled by Italian law;

4)                for damages occurred to driver unless the Client has accepted the optional P.A.I. policy. In such event, only the coverage established in said policy will operate;

5)                for damages to objects and luggage’s transported in the vehicle and in the event of accident without counterpart.

6)                for damages caused any way to the roof, the inside, the under frame and the wheels of the vehicle.

G)   Accident, damages: The client shall inform ASV of the accident by telephone and in writing within 24 hours from same fulfilling the form provided by ASV together with other documents of the vehicle; in addition, the Client shall have all necessary investigations performed by the competent authorities.

H)   The Client undertakes to pay ASV upon return of the vehicle:

1)      the cost of the rental calculated on the basis of the time and mileage tariff.

2)      the extra cost due in the event the vehicle is returned to ASV in a place different from where the vehicle was initially delivered calculated on the basis of the foreseen tariff.

3)      the cost to bring the fuel to the same level as it was when the vehicle was delivered to the Client and the relevant refueling service.

4)      the sums due to be partially released from the obligation to pay to Dan.Travel the deductibles provided for under CDW and TP polices. In the event of damages covered by CDW Plus or TP Plus policies, the sums to be reimbursed to Dan. Travel for the deductible as provided for under paragraph f), points b) and c) herein above.

5)      possible airport surcharges.

6)      a sum equal to the amount fined to the Client and/or ASV for breach of the rules of the Road Code or motorway

tolls in connection whit the use of the vehicle by the Client and authorizes ASV to charge his/her credit card for any fines notified after the closing of the rental agreement.

7)      the reimbursement of all the expenses and burdens borne by ASV to obtain payment of the sums due by the Client.

8)       the sums due for any other service rendered to the Client.

In the event the Client uses a credit card, the abovementioned sums shall be charged on his/her bank account pursuant to the conditions established by the company issuing the credit card. The Client paying with pre-paid voucher or renting on behalf of other subject (juridical or physical person) is jointly responsible with the travel agency for the payment of any amount concerning the rental even in the case of partial or total insolvency on the part of issuing travel agency. ASV invoices shall be payable upon receipt of them. In the event of delayed payment, the Client must pay to ASV interests equal to the official discount rate increased by 4% and, in any case, within maximum limits provided for by law N. 108/96, if there is no different and more favourable provision to the contrary.

I)   Responsibility: without prejudice to the vehicle manufacturer’s responsibility for construction defaults, ASV shall use the ordinary diligence to rent the vehicle in perfect working order. In no case. ASV will be held responsible for damages arisen from mechanical breakdowns during the rental.

L)   No assignment: The Client undertakes not to assign, transfer, mortgage or pledge the vehicle, its accessories, equipment and any other part of the vehicle and not to carry out any activity which would determine any prejudice whatsoever ASV’s title to the vehicle.

M)   ASV reserves: its right not to provide a replacement vehicle in case of accident, theft, damage or for any other event without having to justify such refusal.

N)   Jurisdiction - The Court having jurisdiction for any disputes arising from and/or related to the vehicle, particularly for any action necessary for forced debt collection ewed to ASV, will be exclusively Iglesias except for the event provided for article n. 1469 bis of Civil Code.

O)   Losses: ASV shall in no event be responsible for the loss of the Client's or third parties' belongings left unattended or loaded on the vehicle during the rental or after the return of the vehicle except in case of ASV’s gross negligence. P) Interpretation: In case of conflict in the interpretation of the two versions of this letter, the Italian version shall prevail on the English version.

Q)   Amendments: Any amendment and/or addiction to the rental general conditions hereof shall not be binding unless agreed upon in writing.

R)   The renter: by his signature, agrees to rent the indicated vehicle at the indicated rates and conditions, especially as far as the insurance coverage is concerned and authorizes ASV to debit the indicated Credit Card. If the rental is longer than 30 days, invoice will be issued every 30 days till the vehicle is definitively returned.

S)   Responsibility declaration: The Client and the driver declare to be fully aware that in the event the vehicle is not returned within contractual time limit and in absence of any valid preventing reason (circumstances beyond one’s control), they will be responsible of embezzlement or, at worst, of contractual fraud.

T)   Legislation under article 13 Legislative Decree N. 196/2003 for the treatment of common data

Dear client, we want to advise you that the Legislative Decree N. 196/2003 (“Code relating to personal data protection”)

provides for the protection of persons and others subjects in relation to the processing of personal data.

According to the law, this treatment will be based on principles of correctness, legality and transparency and protects your privacy and your rights.

Under article 13 of Legislative Decree N. 196/2003, we inform you that:

a)    The information you provide will be treated to fulfill obligations arising from contractual obligations, accounting, tax and work;

b)    The treatment will be carried out using the procedures manual and computerized;

c)    The conferment of data is optional but the possible refusal to provide this would be impossible for all or part of delivering our service;

d)    The information may be disclosed to third parties for the completion of tasks required to perform certain services.

e)    The holder of the treatment is: ASV di Tronci Daniele - Via Indipendenza 30 - 09016 Iglesias (Cl). The owner of treatment is the legal representative pro-tempore of ASV found at the same address.

f)     At any moment you can exercise your rights toward the holder of the treatment within the meaning of the article 7 Legislative Decree N. 196/2003.

g)    the personal data can be used to send offers of commercial and promotional material.

h)    To the tolde of the treatment or manager, the applicant may apply for asserting his rights as provided in article 7 Legislative Decree N. 196/2003.

Under the law you can always exercise the right to obtain from the confirmation of the existence of your personal information and communication in a intelligible form of the same, to request cancellation, transformation into anonymous form or blocking of data processed unlawfully, as well as updating, rectification of the integration themselves or to object to the same treatment.

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