TERMS AND CONDITIONS ROMANCHAUFFEURSERVICE

Note: The English translation of the Romanchauffeurservice Terms and Conditions is provided for the convenience of our non-Italian speaking customers. Regardless, only the original Italian version is legally binding.

1. General
2. Contractual relationship and conclusion of the contract
3. Requirements for user registration for the use of the Romanchauffeurservice WebApp
4. Arguments of the transport contract not planned for the benefit of the user
5. Compensation and payment
6. Liability
7 Changes to the Romanchauffeurservice offer
8. Content protection, granting of usage rights to the Romanchauffeurservice Webapp
9. Final provisions

1. GENERAL

Rim-Tours Soc.Coop. Via Atrani 22, Cap 00054, Fiumicino (RM) VAT-13327991009 (hereinafter ” Romanchauffeurservice” )
allows its users to book a rental service with driver on its online WebApp, through the association with other online platforms owned by it, and soon it will also be possible to use the applications for mobile devices (“App”) “WebApp”). The Romanchauffeurservice consists only in the provision of a right for the transport of the user (customer or passenger) with respect to a transport service provider (“NCC” Rental with Driver) as an intermediary, facilitating the meeting between supply and demand, and not in the provision of the travel service itself.

These Terms and Conditions (hereinafter “Terms”) form part of each agreement between users who have booked a rental service with driver at Romanchauffeurservice. They also detail the Rental with Driver services offered through the direct right created by Romanchauffeurservice between the user and the NCC (direct service provider).

Deviations from the Terms of Use, even in the case of confirmation letters and unqualified services, are rejected unless the management of Romanchauffeurservice has expressly agreed otherwise in writing.

2. CONTRACT RELATIONSHIP AND CONCLUSION OF THE CONTRACT

2.1 CONTRACTUAL RELATIONSHIP
Romanchauffeurservice provides rental services with driver exclusively through the platforms owned by Romanchauffeurservice WebApp, neither directly nor through third parties.
Romanchauffeurservice simply provides the user with the right to be transported on an NCC (rental with driver) with company or independent freelancer but under contract with Romanchauffeurservice for the provision of the rental with driver service.

Therefore, Romanchauffeurservice enters into the necessary arrangements with the NCC in its own name, which provides the User with the right to be transported through the NCC (“Third Party Beneficiary”, also called “Contract of Carriage for the benefit of the User”). Consequently, users have the right to request travel services and other complaints directly from the NCC.

The User uses Romanchauffeurservice only as an intermediary or arranger booking and not as a transport service. Romanchauffeurservice ‘s claim for compensation includes the placement commissions and the advance paid by Romanchauffeurservice to the NCC.

2.2 CONCLUSION
By sending a completed booking form via WebApp or by telephone (“Travel request” of the user) to Romanchauffeurservice , the user submits a request for the conclusion of a Booking Agreement, booking. The object of this agreement is the provision of the rental service with driver to satisfy the request of the user or passenger.

Romanchauffeurservice then sends the User an email confirming receipt of the travel details for the Rental with driver service to be processed by our operators. Through this, Romanchauffeurservice only confirms receipt of the user’s request for the rental with driver service.

The Booking Agreement between Romanchauffeurservice and the User for the requested rental service with driver comes into effect only with a separate declaration (“Booking Confirmation”) by Romanchauffeurservice via e-mail. The User himself therefore has the right to directly request the Rental with Driver service from the NCC and to forward further requests directly to the NCC.

3. USER REGISTRATION REQUIREMENTS FOR THE USE OF THE WEBApp
It is the User’s responsibility to ensure that all information provided to Romanchauffeurservice or others on their behalf is complete and accurate.
Registration with automatic methods is prohibited.

4. SELECTED TOPICS OF YOUR AGREEMENT OF CARRIAGE
Pursuant to paragraph 4, where the details of your Travel Request are set out (collectively, “Travel Arrangements”), You may submit requests to the NCC only if agreed in the agreement agreement with Romanchauffeurservice.

The following conditions apply to the right organized by Romanchauffeurservice to transport the User directly with the NCC:

4.1 HOURS TRANSFERS / BOOKINGS, CHANGES TO THE SERVICE
The user can choose between transfer services and hourly reservations for his rental with driver request. If, based on the wishes expressed by the customer or passenger, the Rental with Driver requires a longer route, as well as a longer time than the original Rental with Driver request, the NCC is required to make the changes where possible. Further changes may result in additional costs for the individual contract (see paragraph 5 below for further details).

Changes to the travel arrangements are subject to the availability of the NCC and can be made by the Customer or the passenger, even after the conclusion of the contract in accordance with paragraph 5 (the changes that can be technically provided by WEbApp) and the payments therein described.

4.1.1
In the case of KM transfer services, the indicated price is valid for the departure and destination address. An additional cost, based on the current price structure (see paragraph 5 below), is charged for the direct leg.

4.1.2
For hourly bookings, the trip must always end in the municipal area of ​​the pick-up location. An hourly booking always starts at the pick-up time confirmed at the time of booking.

4.2 VEHICLE MODEL, UPDATE
The user can choose between different vehicle classes (for example “Saloon”, “Mini Van / SUV” or “Executive”) for his need for luggage space and passenger seats.

The vehicle images shown on Romanchauffeurservice are only illustrative examples. These are not connected with any entitlement to a particular vehicle model for the vehicle category booked – regional differences are possible subject to the availability of the NCC.

Depending on availability, an upgrade from the “Saloon” vehicle class to a higher vehicle class (such as “Mini Van” or “Executive”) is provided, where possible, at no additional cost to the user, and must be understood as an exception.

4.3 TRANSPORT SAFETY, CONSEQUENCES

4.3.1 LUGGAGE AND ANIMALS
The price indicated in the booking confirmation includes the maximum number of bags specified in the booking form. Excess baggage, bulky baggage or the transport of animals, not indicated at the time of booking, may involve additional supplements; the additional fee will be much higher than the rate stated in the booking confirmation (see paragraph 5 below).

The NCC reserves the right to refuse the carriage of luggage and / or animals that have not been indicated and accepted by our operators. This also applies to animals that are not contained in a closed transport box / cage without the possibility that the User, the Customer or the Passenger has any right of recourse.

4.3.2 CARRIAGE OF CHILDREN
The requirement for safety seats (boosters) for children should be requested by the User or Passenger as an additional comment specifying the number and age of children to be carried and the type of seat required (booster , egg, etc.).

4.3.3 INFORMATION ON NUMBER OF GUESTS AND BAGGAGE PARTS
The maximum number of guests and bags specified for a given vehicle is an estimate based on factors such as size and weight of passengers and bags. These are therefore not binding.
The NCC can refuse to carry passengers or baggage if it considers that they compromise the space and the conditions of safety and comfort.

4.3.4 PREVENTION OF TRANSPORT
The NCC reserves the right to refuse transport if the requirements foreseen in the booking (for example in accordance with applicable laws) pursuant to Paragraph 4.3 are not specified, or erroneously communicated by the User as an additional comment .

If, due to this, the transport is not possible, this has no influence on the payment of RomeMinicab through the contract with the User for the booked rental service with driver.

4.4 DELAYS
Exceptional situations such as air traffic controller strikes, extreme weather conditions, adverse conditions, etc. can only be compensated to a limited extent, which means that longer waiting times or last-minute cancellations must be accepted by users.

4.5 CANCELLATIONS, CHANGES TO BOOKINGS AND NO SHOWS

4.5.1 CANCELLATION/CANCELLATION
(A) TRANSFER SERVICES
a. For transfer services, cancellation / cancellation is free of charge up to 24 hours before the agreed pick-up time. Amount will be net of taxes (variable fee) withheld for the refund payment process. It takes 5 to 10 days for refunds to appear on the customer’s statement.

b. If less than 24 hours remain, before the agreed pick-up time, the total price payable is reduced by 50% and must be paid having the possibility to request a refund of the value of 50% only if the trip is less than 100km. Amount will be net of taxes (variable fee) withheld for the refund payment process. It takes 5 to 10 days for refunds to appear on the customer’s statement.

c. A cancellation can only be made using the cancellation function in our App or WebApp, where the customer must download the app suitable for his system / operating environment in order to be able to interact independently.

(B) HOURLY BOOKINGS
For hourly bookings, cancellation is free of charge no later than 24 hours before the agreed pick-up time, after which the total price must be paid. A cancellation can only be made using the unsubscribe function in our app or webapp.

4.5.2 BOOKING CHANGES Booking
changes are generally treated as new bookings which generate a new Booking number. The cancellation policy (see Section 4.5.1 above) then applies to the initially agreed journey. A claim for compensation from RomeMinicab for the initially agreed trip can be made without problems after verification of compliance with the agreements.

4.5.3 NO-SHOW WITHOUT CANCELLATION, USER DELAY
In case of no-show without cancellation, the User loses the right to transport through the NCC, however this does not affect the claim for compensation (payment in full for the service) in the towards the User by RomeMinicab.

(A) TRANSFER SERVICES
In a rental with driver transfer service, a no-show is considered if the user or the guest or passenger does not show up without cancellation within 30 minutes of the agreed pickup time at the meeting point agreed meeting point. If a customer does not show up, the journey must be paid for in full, any surcharges for waiting times do not apply.

For transfer to the airport or train station (only for long-distance train stations) the journey is considered a no-show when the User, or the passenger, does not show up without cancellation within 60 minutes after the pickup time agreed meeting point, agreed meeting point. If flight and train delays or connections lead to a change in the scheduled collection time, there will be no additional costs for the customer. If a customer does not show up, the journey must be paid for in full, any surcharges for waiting times do not apply.

This rule excludes situations in which the NCC and the guest have agreed on a new pickup time by telephone at a later date. Any surcharges for waiting times must be remunerated as described in Paragraph 5.3.1. In general, the passenger has no right to change the pick-up time.

(B) HOURLY BOOKINGS
In an hourly arrangement in the Rental with Driver service, it is considered a no-show if the user, or the passenger, has not shown up without cancellation after the expiry of the booked hours, after the agreed pick-up time at the agreed collection point. If a client does not show up, the trip/service must be paid for in full.

For the airport or railway station (only for long-distance railway stations) the journey is considered a no-show when the user or the passenger does not appear without cancellation after the expiry of the booked hours after the agreed time for the agreed pickup, where flight and train delays or earlier flights and trains lead to a postponement of the scheduled pickup time for the scheduled amount of time between the scheduled arrival time and the original pickup time. If a client does not show up, the trip must be paid for in full.

This rule excludes situations where the car driver and the passenger have agreed by telephone at a later date. An hourly booking always begins at the time of collection confirmed at the time of booking as described in paragraph 4.1.2. Consequently any extension of the hourly booking must be remunerated as described in Paragraph 5.2. In general, the passenger has no right to change the pick-up time.

4.6. BEHAVIOR IN THE VEHICLE
The following behavioral standards apply to the User or passenger when traveling with the NCC:

During the entire journey, all passengers must comply with the rules that apply to the relevant road traffic law, in particular the regulations on seat belts which require them to be worn even when traveling in the rear seats. All the instructions provided by the NCC, by the driver must be respected. It is the driver’s responsibility to ensure safe driving. Passengers are therefore prohibited from opening the doors while driving, throwing objects from the vehicle and/or attacking body parts or screaming from the vehicle. If the user or the passenger wishes to use any of the devices or structures of the vehicle, the agreement is required, followed by a brief instruction of use by the NCC, the driver.

It is strictly forbidden to smoke in the vehicle, for smokers it is advisable to request a short stop at no additional cost, only for long journeys. If the User, or Guest, ignores it, he is required to pay not only the costs for cleaning the vehicle, but also to compensate for the loss of further services due to the downtime of the vehicle during its cleaning.

Consumption of food is strictly prohibited, forbidden. Alcoholic beverages can be consumed in the car only with the consent of the driver, NCC.

5. OFFSET AND PAYMENT

5.1 PRINCIPLES
The request for compensation, payment for the service offered by Romanchauffeurservice is specified and agreed in the booking confirmation.

The key factors for its amount (including the reimbursement of expenses to Romanchauffeurservice for the organized rental service with driver) are:
1. the class of the chosen vehicle,
2. the distance,
3. the advance with which the journey,
4. the waiting time,
5. if applicable, the location.

Also, if special requests have been made, for example: multilingual driver, individual vehicle labeling, additional stops, bulky luggage, child car seats, etc., these may increase the price.

5.2 CHANGES IN THE COMPETITION
Even after the conclusion of the agreement and even after the start of the Rental with Driver service, provided that it is possible for the NCC, the user or the passenger can make changes to the travel regulations.

If a transfer (rental with driver) is spontaneously extended (distance or number of hours) according to the user’s or guest’s wish, the actual service (total distance or number of hours) will be calculated according to the current price structure . In the case of hourly bookings, each additional block of 30 minutes is considered billing, i.e. from the first additional minute, a half hour will be rounded up to ensure more reliable scheduling.

Consequently, an increase will be requested from the user or passenger, due to the expenses of Romanchauffeurservice for the contract of carriage, for the benefit of the user, due to the increase in services (more kilometers or more blocks of 30 minutes).

If the distance or number of hours is less than originally booked, the price remains unchanged.

5.3 OTHER AWARDS

5.3.1 WAITING TIMES FOR TRANSFER SERVICES
Transfer services are not charged extra if you wait at the airport or railway station (excluding long-distance railway stations) for a waiting time of up to 60 minutes after the agreed collection time, where flight or train delays lead to a difference between the original scheduled collection time and the new collection time generated by the delay, and up to 15 minutes from the agreed collection time in all other cases (hotels, b & bs, private or business addresses of the customer or passenger). Each additional minute of waiting will be calculated as a flat rate, including VAT, based on the hourly booking prices of the particular municipal area and vehicle category.

5.3.2 ADDITIONAL KILOMETERS FOR HOURLY BOOKINGS
Hourly bookings contain the kilometers (per hour) indicated on the booking form (or by telephone). Any additional kilometers are subject to a surcharge, including VAT, and are calculated on the basis of the price per kilometer of the particular municipal area and vehicle category.

5.4 TERMS OF PAYMENT AND TRANSACTION FEE
The user can pay for his rental service with driver by credit card. The costs for credit card inconveniences are charged to Romanchauffeurservice. Any transaction costs when paying by bank transfer (e.g. due to different currencies or different local accounts) are your responsibility.

5.5 UNPAID CREDIT CARD BILLS
For each payment reminder, Romanchauffeurservice may charge an appropriate fine.

For debts not paid by credit card, Romanchauffeurservice charges the User for the costs incurred (bank, credit card company) and reserves the right to request an appropriate management fee for the inconvenience.

5.6 SENDING OF INVOICES, PAYMENT DATES
Romanchauffeurservice to the User the relevant invoice in electronic format as a download in his Romanchauffeurservice account. When paying by credit card, payment is due immediately. When paying by bank transfer, you must keep the payment date shown on the invoice.

5.7 VOUCHERS
Vouchers can be redeemed individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash.

6. LIABILITY

6.1 PRINCIPLES
Romanchauffeurservice is liable for damages caused by Romanchauffeurservice or their agents or subcontractors, intentionally or through gross negligence. The NCC and all the drivers used for the rental with driver service are neither auxiliary agents nor subcontractors of Romanchauffeurservice. Rather, Romanchauffeurservice has, for the user, a direct transport right on the NCC.

In the event of damages caused by simple negligence, Romanchauffeurservice is only liable for the violation of fundamental contractual obligations and for foreseeable and typical damages. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and on which the User can rely.

The limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of willful damage to life, body or health, as well as for claims under the Product Liability Act.

6.2 CONTENT OF THE TOOLS WEBApp
Romanchauffeurservice is not responsible for the accuracy, reliability, completeness or timeliness of the free content and programs that are distributed under the name Romanchauffeurservice WebApp, nor for any resulting damages, except to the extent that such damages are caused intentionally or by negligence of Romanchauffeurservice . This applies to all kinds of damages, in particular damages caused by errors, delays or interruptions in transmission, or problems with technical equipment and services, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to use of this online offer. Furthermore, Romanchauffeurserviceis not responsible for the availability and efficiency of the features offered.

6.3 THIRD PARTY
WEBSITES Romanchauffeurservice assumes no responsibility for the content, accuracy, legality and functionality of third party websites to which reference is made via links. Access to these pages via hyperlink is done at the user’s risk.

6.4 ACCURACY OF THE INFORMATION TRANSMITTED, PROVISION OF ACCESS
Romanchauffeurservice assumes no responsibility for ensuring that the information provided is accurate and complete, nor that it reaches the User or the driver in real time. This does not apply to the contents of the booking confirmation.

Romanchauffeurservice is not responsible for interruptions in the quality of access to the WebApp due to an excess of force or events for which Romanchauffeurservice is not responsible, in particular the malfunction of communication networks and / or gateways. Romanchauffeurservice does not guarantee that WebApp will function continuously or without errors or that any errors will be corrected.

6.5 RELEASE OF LIABILITY BY THE USER
The User releases Romanchauffeurservice from all claims and expenses, including appropriate legal fees, charged to Romanchauffeurservice by a third party for any use of the WebApp Tools by the User who violates the contract or is a violation of these Terms.

7. CHANGES TO THE ROMEMINICAB OFFER
Romanchauffeurservice reserves the right to make changes to the WebApp at any time in a way that is appropriate for the user, in order to further develop and improve their quality. Furthermore, Romanchauffeurservice reserves the right, for just cause, to temporarily or permanently suspend its offer via the WebApp, even without the User having been personally informed.

8. CONTENT PROTECTION, GRANT OF USE RIGHTS FOR APPS AND WebApps

WebApp content enjoys copyright protection. Romanchauffeurservice grants the User the conditional and revocable right to use the WebApp as required by compliance with these Conditions. Any use other than this (modifications, copies, releases, transfers, distributions or other improper purposes) is prohibited.

9. FINAL PROVISIONS

9.1 CHANGES AND ADDITIONS
These Conditions are intended as an agreement between Romanchauffeurservice and the User for the rental service with driver. There are no subsidiary agreements. Changes and additions to this Agreement must be in writing, digital form is not sufficient; the same applies to changes or additions to this written form requirement.

9.2 SUBJECT TO CHANGE
Romanchauffeurservice reserves the right to modify these Terms. The notification of the change is made as a unilateral declaration by publishing the new Terms on the Romanchauffeurservice WebApp website and informing the Users thereof. If you do not object to the new Terms within 14 days of posting the information, they will apply to you. The continued use of the Romanchauffeurservice services therefore depends on the acceptance of the Terms by the User or the passenger.

9.3 OFFSETTING, RETENTION AND ASSIGNMENT
The user can only offset against uncontested or legally determined counter-offers against Romanchauffeurservice. This also applies to user error notification.

The User can only exercise a right of retention if his counterclaim is derived from the same contractual relationship.

The assignment of the User’s claims from the contractual relationship with third parties without the written consent of Romanchauffeurservice is excluded.

9.4 SELECTION OF LAW AND PLACE OF JURISDICTION
For all legal relations between Romanchauffeurservice and the User, the law of the Italian Republic applicable to internal affairs is effective.

The place of fulfillment is Rome.

The exclusive jurisdiction is Rome, to the extent that the user is a trader based on the commercial code or, subsequently, does not have a fixed residence in Italy. Legally binding jurisdictions remain unaffected.

9.5 VERSIBILITY
If any provision of these Terms is invalid, unusable or contains loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegitimate or unenforceable provisions with those closest to the meaning and economic purpose and intentions of the parties.