The Secret Gate App Terms and Conditions
MATCH MUSIC S.r.l, in the person of the pro tempore legal representative, with registered office in Via Plinio, 38 20129 Milano (MI) VAT number 03080200235, licensee of the application called “THE SECRET GATE” (“Application” below)
– that Match Music S.r.l. manages the application The Secret Gate; which allows placing listings to rent cars, jets, helicopters and yachts;
- that the application The Secret Gate, managed by Match Music, operates only as a channel of mediation, a digital platform able to connect rental agencies and customers/buyers (the subjects between whom the contract is actually established) and therefore no responsibilities with regard to the transaction and the real management of the whole rental process falls on Match Music.
– that through the App/Site, the customer can ask for the rental of means of transport such as, for example: supercars, helicopters, jets and yachts owned by third parties (hereafter the “Charterer”);
– that the rental contracrs will be concluded directly between the User/Customer and the Charterer, without the intermediation of The Secret Gate, save as provided for the request of the quotes;
– that for the rental contracts the User/Customer will sign and conclude the contract directly with the Charterer, upon acceptance of the latter’s general terms and conditions;
Rental Agreement: contract by which the Charterer provides and confers assignment of use for a movable property to the Consumer, who uses it for a fixed period of time, towards the payment of a fee;
User/Client/Consumer/Buyer: the main driver, the person who pays for the rental and/or the person who requests the quote through the app and then makes the reservation.
Charterer: the rental agency the Customer materially signs the rental contract with.
Intermediary: the agent (in this case The Secret Gate application, represented by Match Music) which correlates the actual parts who signs the contract, that is: Charterer and Client
Site: website owned by The Secret Gate Srl, accessible through the link: www.thesecretgate.com
Application / App: application available for the download on smartphones, owned by The Secret Gate Srl, through which, after the download, installation, registration and access to the specific “Luxury rent” section, it is possible to request and receive quotes for the rental of vehicles as indicated above;
The Consumer, with regards to the rental service, will be able to directly request quotes to the Charterers through The Secret Gate application.
The rental contract is concluded exclusively between the Charterer and the Consumer, who undertakes to read and accept the specific terms and conditions of the Charterer as well as the ones of use of The Secret Gate application.
The Charterer, with regard to the service offered, assumes all burdens and responsibilities towards the Client, declaring to possess the necessary authorizations, skills and knowledge to operate, as well as adequate organizational and professional skills to provide and execute the service in full and total managerial autonomy, though its own staff, own resources and means, at his own risk and with extreme skill.
Match Music Srl and The Secret Gate cannot be, in any way, held liable towards any party or third parties for damages deriving from the non conclusion and/or the non execution or even the partial or considered inadequate execution of the rental contracts signed and subscribed exclusively between the Charterer and the Customer.
These terms will apply to all the organizational contracts for the supply of rental services through the Application to the exclusion of any other terms and conditions, except for, in addition, the specific ones of the Charterer.
No conduct of The Secret Gate shall be intended as consituing acceptance of other terms.
The acceptance of the terms through the App or the signature on any contract by the Client, will be considered decisive proof of his knowledge and acceptance of these terms.
The Client, by confirming that he wants to book the rental of a vehicle through the App and thus proceeding with the booking, declares and therefore confirms that he has read, understood and accepted our terms and conditions and the ones of the rental agency that will materially provide the service, according to the quote subimitted.
We reserve the right to periodically change, also based on any changes by our partner agencies, our Terms. The Client will be invited to consult the introduced updates to evaluate these changes. The rental of vehicles offered in the Appi s subject to the terms and conditions imposed by The Secret Gate, our partner rental companies and the corresponding laws of the Country and/or the State where the rental takes place.
5. Conclusion of the contract
5.1 The contract is intended concluded when the Client accepts, signs and retransmits the quote sent by the Charterer.
Art. 6. Terms of delivery
6.1 The Charterer will arrange for the Customer the delivery of the ordered vehicle (or allow him/her to collect it), according to the schedule, places, methods and contractual conditions of the Charterer, as well as agreed and accepted per estimate.
Art. 7. Responsibilities
7.1 No responsibilities can be attributed to Match Music and/or The Secret Gate for any damage caused by one or the other party because of the total or partial non-execution of the contract stipulated exclusively between the Charterer and the Client.
Art. 8. Guarantees and methods of assistance
8.1 Following the sending of the offer/quote by the rental agency (Charterer) to the Customer and its subsequent acceptance by the latter, the contract between these two parties will be considered conclueded and the whole subsequent phase will be managed by the Charterer. Thus, for any future dispute, only the agency will be responsible and never the intermediary (Match Music and/or The Secret Gate).
Art. 9. Buyer’s obligations
9.1 The Buyer/Client, once that the quote acceptance procedure has been completed, agrees and undertakes to print and keep these general conditions, which, moreover he will have already viewed and accepted as an obligatory step for confirmation and acceptance, as well as the specifications of the service, subject of the purchase. This in order to fully satisfy the condition referred to the Legislative Decree of the 6 of September 2005, n. 206.
9.2 It is strictly and absolutely forbidden to the Byer/Client to enter false, and/or invented, and/or fictional data during the registration procedure through the dedicated electronic form.
The personal data and the e-mail address must exclusively be the one’s own real personal data and not those of third parties, or of fantasy. Therefore, the Buyer assumes full responsibility for the accuracy and veracity of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
9.3 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Match Music and The Secret Gate reserve the right to legally pursue any violation and abuse, in the interest and protection of all the customers.
9.4 The Buyer indemnify Match Music Srl, The Secret Gate, their suppliers and partners from any liability or responsibility deriving from the issue of incorrect tax documents due to mistakes related to the data provided by the Customer, as the latter is the only responsible for their correct insertion.
Art. 10. Right of withdrawal
10.1 The Buyer can exercise the right of withdrawal according to the Charterer’s contractual conditions.
Art. 11. Termination of the contract
11.1 LThe Buyer can exercise the right to terminate the contract according to the Charterer’s contractual conditions.
By subscribing this contract and terms and conditions, the Buyer, as for the Legislative Decree of the 30th of June 2003, n. 196 gives his express and informed consent to allow that all the data him concerning are subject to all the processing operations provided by the above mentioned decree.
In particular, please note that:
a) the data provided are necessary for any fulfillment of this contract and of the legal, civil and tax regulation;
b) the refusal to provide such data implies the non-stipulation of the contract;
c) at any time, you can exercise your rights under art.7 of the Legislative Decree of the 30th of June 2003, n. 196.
The owner of the collection and processing of the personal data is Match Music S.r.l., through The Secret Gate, as above specified, in the person of its pro tempore legal representative. The rights referred to in the article 7 are exercised with a request addressed to the owner, with no formalities needed, by sending a simple e-mail to the address of the Charterer, who is required to provide communication of any possible change to their data at the same address-
Art. 13 Applicable Law and Competent Jurisdiction
13.1 The Buyer can exercise the right of dispute according to the Charterer’s contractual conditions submitted with the acceptance of the quote.A
Art. 14 Espression of consent through the App
Art. 15 Final clauses
15.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and with regard to the subject of this contract.