- GENERAL PROVISIONS
1.1. «Italy Transfer Group» webspace, belonging to legal person entrepreneur Gladysheva Margarita, P.IVA 06469170481, C.F. GLD MGR 69D63 Z138M, registered at the address – via L. Pignotti 83, Figline e Incisa Valdarno, 50063, Italia (hereinafter referred to as the – «Company»), provides the Internet user (hereinafter referred to as the – «User») access and use of the service, available at https://italy-transfer-group.com (hereinafter referred to as the – «Website») which is described in detail in section 2 of this Agreement (hereinafter referred to as the – «Service») on the conditions, set out in this Agreement. This Agreement (hereinafter referred to as the – «Agreement») enters into force and becomes legally binding for the Company and the User (hereinafter referred to as the – «Parties») once the User starts using the Service.
1.2. By starting to use the Service, the User accepts the terms of this Agreement entirely, without any reservations or exceptions. In case the User disagrees with any of the terms of this Agreement, the User is not entitled to use the Service.
1.3. The Company reserves the right to make changes to this Agreement at its own discretion, at any time, without notifying the User. The new version of this Agreement enters into force the moment it is published ot the Website. By continuing to use the Service, the User confirms its agreement to adhere to the terms of the current version of the Agreement. The Company recommends all Users to review the Agreement often in order to be sure that the Users acknowledge the terms of the Agreement, while using the Service. If the User does not agree with the changes made by the Company in terms of the Agreement, the User is not entitled to use the Service.
1.4. This version of the Service enters into force in 2020 and is valid until the adoption of the next version.
1.5. Any time frames indicated in this Agreement are defined by UTC+1 (Central European Time) and UTC+2 (summertime) time zones, if the text does not mention otherwise. The beginning and the end of calendar dates indicated in this Agreement, including the definition of deadlines, are defined by the beginning and the end of the respective days in UTC+1 and UTC+2 time zones.
- DESCRIPTION OF THE SERVICE
2.1. The Service offers the ability to provide the User with the service of « renting a car with a driver » on the territory of Italy (hereinafter referred to as the – «Carrier»), with which the Company has relevant agreements.
2.2. User acknowledges and accepts that:
(A) The User’s ability to acquire transportation services by using the Service does not make the Company the provider of the transportation services or the carrier. After the User receives a confirmation of the possibility of conducting the Service of the User’s selection, the User also receives the information of the Carrier and accepts its conditions, including the particular transfer (hereinafter referred to as the – «Transfer») and the price which should be paid for it (hereinafter referred to as the – «Transfer Price »). The User conducts a cumulative contract of carriage directly with the Carrier (hereinafter referred to as the – «Contract of carriage»), and not with the Company.
(B) The ability to acquire transportation services individually by using the Service is provided for Users older than 18 years. Persons under that age are not allowed to use the Service, but can participate in the Transfers accompanied by adults (not younger than 18 years old).
(C) Due to the nature of the Service, according to this Agreement, the responsibility of the Company is limited to the obligation of exactly transmitting information acquired from the Carrier, to the User, as well as transmitting information acquired from the User to the Carrier. The Company does not bear responsibility for the accuracy of the transmitted information, as well as the proper and faithful conduction of Carrier’s responsibilities under the agreements between it and the User. The Company does not bear responsibility for any loss, including loss of profit and material damage, related to the Service, or any other way resulted from using the Service.
(D) The Service, the software used for providing the Service, or any other content of the Website on which the Service is available, including but not limited to, Italy Transfer Group logo are registered trademarks protected by the intellectual property rights of the Company or third parties. This User is granted limited non-exclusive, not subject to sub-license, revoked, non-transferable license to:
(i) access and use the respective intellectual property solely with the purpose of using the Service;
(ii) access and use any content, information and respective materials, which can be provided through the Service, in each case solely for personal, non-commercial use of the User. Any rights not directly provided in this Agreement, are reserved to the Company.
(E) There are certain technical limitations in regards to the Service, which can cause inaccessibility of the Service or delays in sending messages at some times due to reasons beyond the control of the Company.
(F) The User enters this Agreement exclusively at its own risk, acknowledging that the Service or any other information provided to the User is provided on terms of «as it is» and «as available».
(G) Relationship between the User and the Company which occurs in the process of using the Service, is defined solely by this Agreement. Nothing should indicate that the Company or the User conducted or are going to conduct any other type of agreement or have rights and responsibilities towards each other according to any other agreements.
- PAYMENT OF TRANSFER PRICE
3.1. After the User selects the Service of his choice for a particular route and car class, and upon the receipt of the confirmation on the ability to conduct the Service, the User receives a bill for the payment through the Service, as it is set out in this Agreement. The User pays the amount of 13% of the Transfer’s full price, by using one of the payment methods offered by the Company, to the Company’s account. The remaining amount (87%) of the price of the Transfer, is to be paid by the User directly to the Carrier, by cash or bank card after the completion of the Transfer.
3.2. The Company does not collect, process and/or store payment information of the Users.
3.3. The User pays the remaining amount of the Transfer Price to the Carrier right after the completion of the Transfer by any method agreed with the Carrier (cash or bank card). The Company does not recommend the User to pay the remaining amount of the Transfer Price to the Carrier before the completion of the Transfer, and if the Carrier insists on such payment – immediately notify the Company about such demands. In any case, the final decision on cooperation with the Carrier is made by the User independently.
3.4. The User agrees that when paying the Transfer Price, extra amounts can be deducted from his/her account, such as additional fees and commissions of payment systems deducted according to the existing agreements between the Company and the bank, and/or the Company and the payment system. The User also agrees that the Transfer Price together with the additional fees can be withdrawn from his/her bank account/card in a currency different from the currency User selected for the payment, if the payment in a specific currency and/or obligatory conversion are set out in the conditions of the bank and/or the payment system through which the payment is made.
3.5. Otherwise specified in this Agreement:
(A) all payments made by the User in accordance with this Agreement should not contain any deductions, counter-claims, setoff and no deductions or retention of any other type, except for any deductions or retentions, specified by the law. If the User makes deductions or retentions specified by the law for any payment, the amount to be paid should be increased, which is necessary for ensuring that after the completion of such a deduction or retention the Company receives an amount equal to the amount which was without any deductions or retentions;
(B) there are no cost limits for making the payment for the Transfer;
(C) all payments, made by the Company (such as refund to the User or on any other basis), are considered to include all taxes which can be paid by the User in regards to the payment, and the payment of such taxes is solely the responsibility of the User. Under no circumstances, the Company is obliged to deduce or retain any tax when making a payment to the User.
- ADDITIONAL SERVICES
4.1 Additional services are:
(A) Professional tour guide services
(B) Wine tasting at wineries
4.2 User acknowledges and accepts that:
(A) The ability for the User to receive Additional services by using the Service does not make the Company provider of the Additional services. The User conducts a cumulative agreement for the provision of Additional services directly with the performers of the Additional services ( hereinafter – «Additional services agreement»), and not with the Company.
(B) Due to the nature of the Service in accordance with this Agreement, the responsibility of the Company on providing Additional services is limited to its obligation to exactly transmit the User the information acquired from the performers of the Additional services. The Company can not bear responsibility for the quality of the Additional services provided. The Company does not bear responsibility for the accuracy of the transmitted information, as well as for the proper and faithful fulfillment of the Additional service responsibilities by the performers under the agreements between it and the User. The Company does not bear responsibility for any loss, including the loss of profit and material damage, related to the Service, or in any other way resulting from using Service.
- PAYMENT FOR THE ADDITIONAL SERVICES
5.1 The price of professional tour guide services is paid by the User directly to the tour guide, upon the completion of the tour. The payment method of the professional tour guide services is agreed directly between the User and the Tour Guide
5.2 The price of the «Wine tasting» service at the winery is paid by the User directly at the register of the winery.
5.3 The Company provides Additional services on a non-reimbursable basis.
- CANCELLATION AND REFUND RULES
6.1. The User is entitled to unilaterally cancel the Transfer by sending an electronic mail to the Service’s customer service at email@example.com. The Transfer can be canceled concerning one of the trips if the User and the Carrier agreed upon a Round Transfer (“there and back”), in accordance with the rules defined in this section and deadlines for full cancellation of the Transfer.
Changes of considerable conditions of the Transfer (such as the starting time of the Transfer, route of the Transfer, number of passengers, car class, etc.) by the User is recognized as a cancellation of the Transfer initiated by the User. That said, the Carrier has the right to reject conducting the Transfer in relation to the changes made in its conditions. A refund of the 13% of the full price of the Transfer, considerable conditions of which was changed by the User, is carried out in accordance with paragraph 6.2.
6.2. The Company is obliged to fully refund the User the funds transferred to the Company’s account as a payment for the Transfer, in the following cases:
(A) The User canceled the Transfer or changed its considerable conditions prior to the cancellation deadline defined during the agreement on the terms of the Transfer (this deadline is not later than 48 hours prior to the agreed time of starting the Transfer);
(B) The Transfer did not take place on the initiative of the Carrier or the Company. The request for the refund of the money transferred as a payment of the Transfer, can be claimed by the User to the Company within 4 (four) months from the agreed date of the Transfer. Upon the expiration of the given term, such claims can be made by the User directly to the Carrier.
6.3. In other cases the Company is not obliged to refund the money to the User.
6.4. If the User or another passenger in whose favor the User conducted the order, did not appear at the agreed place of starting the Transfer within 60 minutes at the airport, sea or river ports; 30 minutes at railway stations; and 15 minutes at other types of places from the moment of agreed starting time of the Transfer, full or partial amounts are not refunded him/her.
6.5. If it is necessary under the conditions of the bank and/or the payment system through which the payment was made, the money refunded in accordance with paragraph 6.2. of this Agreement, can be deduced from the account of the Company in the same currency in which it was withdrawn from the account of the User, and credited to the card and/or bank account of the User in the currency of their account through the conversion procedure.
6.6 In case the Carrier fails to appear at the starting place of conducting the order without providing evidence of occurring force-majeure, the Carrier is obliged to pay the User 100% of the amount previously paid by the User (13% of the price of the Transfer) + 50% of this amount (13%) as a compensation for caused inconveniences.
- GUARANTEES AND SAFEGUARDS OF THE USER
7.1. The User assures and guarantees that at any time, while the User continues using the Service:
(A) The User has the legal capacity in accordance with the law and all applicable jurisdictions and voluntarily agrees with this Agreement, and that the User has every authority and ability to comply with this Agreement and its obligations, contained in this document;
(B) Compliance of the User with this Agreement is legal, and its obligations in accordance with this Agreement are legally binding and have legal validity;
(C) The User has carefully read and understood this Agreement;
(D) The User complies and has always complied with this Agreement;
(E) When concluding this Agreement the User did not rely on any assurances, guarantees, declarations, obligations or actions of any kind, other than those clearly indicated in this Agreement
(F) All information provided by the User is accurate, full, valid and not misleading. The User confirms and accepts that the Company concludes this Agreement with the User, relying on assurances and guarantees described in this paragraph.
- PERMANENT RESPONSIBILITIES OF THE USER
8.1. The User is obliged to:
(A) regularly monitor and review any messages related to the Service, published on the Website;
(B) make payments and use the Service only for the purpose and in the order directly allowed by this Agreement;
(C) immediately notify the Company if any of the statements and guarantees made in accordance with this Agreement, become inaccurate, incomplete, invalid or misleading;
(D) not engage in any activities, which can in any way hinder the functioning of the Service;
(E) bear full responsibility for storing information necessary for unimpeded access to his/her account (including the password), and store such information, ensuring its privacy, safety, absence of any type of distortions, and adequate control of its storage;
(F) not delete any notifications about copyrights, trademarks or other brand names from any part of the Service;
(G) not reproduce, not modify, not use for compilation, not make derived works on the basis of distribution, licensing, renting, selling, reselling, transfer, public display, public performance, translation or other use of the Service, except in cases clearly allowed by the Company;
(H) not conduct modifications, engineering analysis, de-compiling, decoding, recovering the source code of the Service or any of its parts, except in cases which might be allowed by the applicable laws;
(I) not invoke the Service and do not create copies of the Service fully or partially;
(J) not launch or start any programs or scripts to clear, indexate, acquire or collect data from a part of the Service, or overburden, or prevent operations and/or functionality of any aspect of the Service;
(K) not attempt to gain unauthorized access to any of the components of the Service or systems or networks related to it;
(L) not use and do not refer to any names, logos, products and services of the Company, trademarks, or service marks;
(M) by other means not violate the rights of the Company to its intellectual property in regards to the Service, software, and any other content of the Website through which the User gains access to the Service;
(N) comply with all applicable laws and legislations (including tax laws) in such way so that both the User and the Company would be abiding the laws of any jurisdiction under which the User directly or indirectly uses the Service;
(O) provide timely evidence of complying with this Agreement, which the Company can reasonably demand at any time.
- EXCEPTIONS OF ASSURANCES AND GUARANTEES
9.1. The User presently agrees that to the maximum extent possible, as allowed by the law, to:
(A) not provide any guarantees in regards to the Service or any other information provided to the User;
(B) The Company absolutely refuses to provide any guarantees and conditions, whether explicit or implicit, including:
(i) any implicit guarantees of suitability for sale, suitability for a specific aim or absence of disruptions;
(ii) any guarantees regarding the promptness, reliability, suitability, consistency, accuracy, adequacy, coherence, or completeness of any information provided to the User at any time, or from time to time;
(iii) any guarantees for the access to the Service provided according to this Agreement, to be uninterrupted, well-timed and free from mistakes.
- LIMITED LIABILITY OF THE COMPANY
10.1. To the maximum extent possible, as allowed by the law, the Company absolutely refuses to bear responsibility for any losses, caused to the User or to anyone else, including any losses caused by or related to:
(A) any inaccuracy, incompleteness or delay of the information provided to the User;
(B) any transaction failures which can occur when the User tries to make the payment;
(C) any malfunction, instability or failures of software used by the Company to provide the Service;
(D) any disclosure, loss, stealing, destruction or unavailability of the user’s account, password, or other data (including the inability of the User or any other person to store this information in safety and privacy);
(E) termination of this Agreement at any time and for any reason;
(F) any failures in the use of the Service in any way or inability to meet a specific aim or request;
(G) wars, unrests; restrictions imposed by any governmental, para-governmental or regulatory authorities, industrial or trade disputes; fires, storms, typhoons, floods, thunders, earthquakes or other natural disasters.
10.2. The Company does not bear any responsibility for any indirect, accidental, personal, or punitive losses, including the loss of profit, loss of information, physical injuries or property damage caused by or related to providing the Service in accordance with this Agreement or in any other way related to the subject of the Agreement, regardless of negligence of the Company (active, assertive, exclusive or parallel), even if the Company was notified on the possibility of such loss.
10.3. The Company does not bear responsibility for any loss or damage, resulting from:
(A) the User’s use or intention to use the Service, or his/her inability to access or use the Service;
(B) any transactions or relations between the User and any Carrier, even if the Company was notified about the possibility of such a loss. The Company does not bear responsibility for delays or failures in the functioning caused by reasons beyond the reasonable control of the Company.
10.4. Overall responsibility of the Company towards the user User for any requests about compensation of losses (on the basis of the agreement, delict, guarantee or other), resulted from or related to this Agreement or in any other way related to its subject, by any means can not be higher than the 13% of the Transfer Price paid by the User to the Company in relation to the relevant Transfer.
- COMPENSATION FOR LOSS
11.1. The User compensates the Company any losses and also agrees to compensate the Company any amount of loss (as well as spendings related to it), resulted from:
(A) any violation of the terms of this Agreement by the User;
(B) implementation, realization, or protection of the Company’s rights, powers or means of legal protection (or planning of making these acts) in regards to the User related to this Agreement;
(C) violation of intellectual property rights or other rights of the Company or third parties in relation to the use of the Service, the Website and its contents by the User.
11.2. There is no need to bear the expenses before the compensation referred to in this paragraph comes into effect.
12.1. The User agrees to receive promotional messages from the Company. The User has the right to refuse to get advertising messages by using the relevant functions of the Service, with which or related to which the User used to receive such messages.
12.3. Regarding the protection of personal data, the Company complies with the requirements of the European Union legislations.
- PROHIBITION OF DISCRIMINATION
13.1. Discrimination means any kind of differentiation, exclusion, limitation or preferential treatment of rights and freedoms of an individual or a group of person individuals, as well as the support of discriminatory behavior.
13.2. The Charter of Fundamental Rights of the European Union (7 December 2000) establishes the prohibition of discrimination, in particular, paragraph 1 of Article 21 states: « Any discrimination based on any ground such as sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.». In paragraph 2 it is emphasized once again that «any discrimination on grounds of nationality shall be prohibited». The Racial Equality Directive of the EU (2000 Racial Equality Directive 2000/43/EC) establishes the prohibition on any forms of racial discrimination; European Union’s Directive of Gender Equality in Employment (2006 Gender Equality Directive 2006/54/EC – in relation to employment) established the equality of men and women, the prohibition of gender-based discrimination. Prohibition of discrimination is the basic principle of international law, recognized and actively supported by the world community.
13.3. When using the Service, the User is obliged to be tolerant and to not leave any discriminative requests in its order, specifically demands for services to be provided by a Carrier of a specific sex, race, nationality, sexual orientation. In case of an indication of discriminatory demands by the User in the order, the Service reserves the right to reject the order and terminate the Agreement with the User (block the account).
- ASSIGNMENT AND NOVATION
14.1.The Company can transmit, assign, novate or exercise other rights, fully or partially, in relation to its rights, means of legal protection, powers, responsibilities, and obligations in accordance with this Agreement in favor of any party without the User’s consent and by any way which the Company deems appropriate.
14.2. The User agrees that he can not transmit to any successor, beneficiary or another party which has an interest in this Agreement, any right to setoff or other rights which the User has in regards to the Company.
- TERMS AND TERMINATION OF THE AGREEMENT
15.1. This Agreement enters into force at the moment indicated in paragraph 1.1, and will be valid until its termination in accordance with this section 15.
15.2. Regardless of any other provision of this Agreement, the Company can at any time and for any reason immediately terminate the validity of this Agreement between it and the User without prior notifications or stating the reason, including cases when:
(A) The User violates any of the terms of this Agreement or acts in a way which clearly indicates that the User is not intended or is not able to comply with a term of this Agreement;
(B) The Company reasonably believes that it is necessary to make so, due to any laws or rules, or any government, quasi-public, plenipotentiary or public authority (including any regulatory body of any jurisdiction);
(C) The Company decides that fulfilling the obligations of this Agreement is not commercially viable anymore.
15.3. The Company will notify the User about such termination with a notification in accordance with section 20.
- REFUSE OF SETOFF
The User acknowledges and accepts unconditionally and irrevocably to refuse any rights to setoff, netting, counterclaim, right to reduce the price or other similar means of legal protection, which the User could have had in accordance with this Agreement, in compliance with the laws of any jurisdiction.
- APPLICABLE LAW
This Agreement is regulated and should be interpreted in accordance with the legislation of the Italian Republic.
- DISPUTE RESOLUTION
In case any disputes resulted from or related to this Agreement, or related to its subject, occur between the Parties, the dispute shall be submitted to arbitration and resolved by the tribunal in accordance with the Arbitrary regulation of the Arbitration Institute of the Chamber of Commerce and Industry of Florence. The place of arbitration is Florence, and the language which will be used in the arbitral proceedings is Italian.
- THIRD-PARTY RIGHTS
Any party which is not the participant of this Agreement, can not apply and use the benefits of any of the terms of this Agreement.
20.1. The User agrees that the Company can provide notifications and messages in accordance with, or related to this Agreement, by posts on the Website or by electronic mail to the address which the User indicated during the registration; and that such notifications are considered valid and received by the User at the moment of their publication on the Website or at the moment they are sent by the Company, if the Company did not receive an automated reply of inability to deliver the email.
20.2. Communication with the Company can be made by sending messages to the electronic mail address indicated on the Website.
- NO WAIVER OF RIGHTS
No failure or delay from Company in regards to the implementation of any rights, powers or means of legal protection in accordance with this Agreement will not be presumed to operate as a waiver, and a single or partial implementation of any right, power, or means of legal protection by the Company will not be presumed to preclude any subsequent or further exercise of that right, power or means of legal protection or the exercise of any other right, power or means of legal protection.
- CUMULATIVE MEANS OF LEGAL PROTECTION
Rights, powers and means of legal protection outlined in this Agreement are cumulative and do not exclude any rights, powers, or means of legal protection provided by the law.
- ABSENCE OF ANY RELATIONSHIPS
This Agreement does not create any partnerships, joint ventures, relations of a constituent and an adviser, agency relationships, trust relationships, or any other similar relationships between the User and the Company, or any other party or organization.
In case any provision of this Agreement is considered illegal, invalid, incomplete fully or partially, in accordance with the legislation of any jurisdiction, that part will be removed, and such illegality, impracticability or invalidity will not affect the legality and validity of the rest of the provisions of this Agreement under that jurisdiction, as well as the legality or validity of this Agreement in any other jurisdiction. This current section of 24 has no legal effect if the removal of a part of the Agreement will change the substance of this document or contradict the principles of law and order.
This Agreement has been prepared in Italian. In case of any inconsistency caused by the translation of the Agreement on other languages, the Italian language version shall apply.
|Legal address||L. Pignotti 83, Figline e Incisa Valdarno, 50063, Italia|
|Registration number||P.IVA 06469170481|
|Taxpayer Identification Number||C.F. GLD MGR 69D63 Z138M|
|Name of the Bank|
|Address of the bank|