Terms and Conditions
ROMEMINICAB TERMS AND CONDITIONS
Note: the English translation of the Terms and Conditions of RomeMinicab is provided for the convenience of our non-Italian speaking customers. Regardless, only the original Italian version is legally binding.
2. Contractual relationship and conclusion of the contract
3. User registration requirements for the use of RomeMinicab WebApp
4. Arguments of the unscheduled transportation contract for the benefit of the user
5. Compensation and payment
7. Changes to the RomeMinicab offer
8. Content protection, granting of rights of use to RomeMinicab WebApp
9. Final provisions
ROMEMINICAB by Viorel Florin Pelin, Via Guglielmo Pepe 41, Marino 00047, VAT number 15227781000 (hereinafter referred to as “RomeMinicab”)
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 it will soon be possible to use mobile applications (“Apps”) “WebApp”) . The RomeMinicab service 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 (hereafter “Terms”) are part of every agreement between users who have booked a rental service with driver at RomeMinicab. They also describe in detail the rental services with driver offered through the direct right created by RomeMinicab between the user and the NCC (direct service provider).
2. CONTRACT REPORT AND CONTRACT CONCLUSION
2.1 CONTRACTUAL RELATIONSHIP
RomeMinicab provides rental services with driver exclusively through the platforms owned by RomeMinicab WebApp, neither directly nor through third parties.
RomeMinicab simply provides the user with the right to be transported on an NCC (Rental with Driver) with a company or independent freelancer but under contract with RomeMinicab for the provision of the Rental with Driver service.
Therefore, RomeMinicab stipulates the necessary provisions with the NCC in its own name, which provides the User with the right to be transported by NCC (“Third party beneficiary”, also called “Contract of transport 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 RomeMinicab only as an intermediary or arranger booking and not as a transport service. RomeMinicab’s request for compensation includes the placement fees and the advance paid by RomeMinicab to the NCC.
By sending a completed booking form via WebApp or by telephone (the user’s “Travel Request”) to RomeMinicab, the user submits a request for the conclusion of a Booking Agreement. The object of this agreement is the provision of the rental service with driver to meet the request of the user or passenger.
RomeMinicab then sends the User an e-mail confirming receipt of the travel details for the rental service with driver which must be processed by our operators. Through this, RomeMinicab confirms only the receipt of the request of the rental service with driver of the user.
The Booking Agreement between RomeMinicab and the User for the requested rental service with driver enters into force only through a separate declaration (“Booking Confirmation”) by RomeMinicab via e-mail. The User himself therefore has the right to directly request the rental service with driver 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 RomeMinicab or others on their behalf is complete and accurate.
Registration with automatic methods is prohibited.
4. SELECTED THEMES OF THE TRANSPORT CONTRACT FOR THE USER
Pursuant to paragraph 4, where the details of the user’s Travel Request (collectively, “Travel Agreements”) are described, the User can submit requests to the NCC only if agreed in the agreement agreement with RomeMinicab.
The following conditions apply to the right organized by RomeMinicab to transport the User directly with the NCC:
4.1 HOURLY TRANSFERS / BOOKINGS, MODIFICATIONS TO THE SERVICE
The user can choose between transfer services and hourly bookings for the own rental request with driver. 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 compared to the original rental with driver request, the NCC is required to make changes where possible. Further modifications may involve additional costs for the individual contract (for further details see paragraph 5 below).
Changes to travel arrangements are subject to NCC availability and can be made by the Customer or 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 in it described.
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 foreseen for the direct route.
For hourly bookings, the journey must always end in the municipal area of the pick-up location. An hourly booking always starts at the time of pickup time confirmed at the time of booking.
4.2 VEHICLE MODEL, UPDATE
The user can choose between different classes of vehicles (for example “Saloon”, “Mini Van / SUV” or “Executive”) for their own need for luggage space and passenger seats.
The vehicle images shown on RomeMinicab are illustrative examples only. These are not connected with any right to a particular vehicle model for the category of vehicles booked – regional differences are possible according 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 wherever possible, at no additional cost to the user, and must be intended as an exception.
4.3 TRANSPORT SECURITY, CONSEQUENCES
4.3.1 BAGGAGE AND ANIMALS
The price indicated in the booking confirmation includes the maximum number of scholarships 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 indicated in the booking confirmation (see paragraph 5 below).
The NCC reserves the right to refuse the transport of baggage 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 the right of recourse.
4.3.2 TRANSPORT OF CHILDREN
The need for safety seats (child seats) should be requested by the User or the passenger as an additional comment specifying the number and age of the children to be transported and the type of seat required (seat, car seat, etc.) .
4.3.3 INFORMATION ON THE NUMBER OF GUESTS AND PARTS OF BAGS
The maximum number of guests and baggage specified for a particular vehicle is an estimate based on factors, such as size and weight of passengers and baggage. These are therefore not binding.
The NCC can refuse to carry passengers or baggage if it considers that they compromise the space and conditions of safety and comfort.
4.3.4 TRANSPORT PREVENTION
The NCC reserves the right to refuse transport if the requirements foreseen in the booking (for example pursuant to applicable laws) pursuant to Paragraph 4.3 are not specified, or erroneously communicated by the User as an additional comment.
If, due to this, transportation is not possible, this has no influence on the payment of RomeMinicab through the contract with the User for the rental service with driver booked.
Exceptional situations such as air traffic controller strikes, extreme weather conditions, adverse conditions, etc. they 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 BOOKING AND NO SHOW
4.5.1 CANCELLATION / CANCELLATION
(A) TRANSFER SERVICES
to. For transfer services, cancellation / cancellation is free of charge up to 24 hours before the agreed collection time. The sum will be net of the taxes (variable tax) withheld for the refund payment process. It takes 5 to 10 days for refunds to appear on the customer’s bank statement.
b. If less than 24 hours remain, before the agreed pick-up time, the total price to be paid 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 100 km. The sum will be net of the taxes (variable tax) withheld for the refund payment process. It takes 5 to 10 days for refunds to appear on the customer’s bank statement.
c. A cancellation can be made only by 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 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 cancellation function in our app or WebApp.
4.5.2 CHANGES TO BOOKING
Changes to reservations are generally treated as new reservations that generate a new Booking number. The cancellation management policy (see Paragraph 4.5.1 above) therefore applies to the trip initially agreed. A claim for compensation from RomeMinicab for the initially agreed trip can be made without problems following the 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 request for compensation (full payment of the service) against the User by RomeMinicab.
(A) TRANSFER SERVICES
In a transfer rental service with driver, a no-show is considered if the user or the guest or the passenger does not show up without cancellation within 30 minutes from the pick-up time agreed upon at the agreed meeting point. If a customer does not show up, the trip must be paid in full, while any waiting time supplements do not apply.
For the transfer to the airport or to the railway station (only for long-distance railway stations) the journey is considered a missed presentation when the User, or the passenger, does not arrive without cancellation in the 60 minutes following the pickup time agreed at the collection point, agreed meeting point. If flight and train delays or connections cause a change in the scheduled collection time there will be no additional costs for the customer. If a customer does not show up, the trip must be paid in full, while any waiting time supplements do not apply.
This rule excludes situations in which the NCC and the guest have agreed on a new pickup time by phone later. 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 provision in the rental service with driver, it is considered a no-show if the user, or the passenger, has not presented himself without cancellation after the expiry of the booked hours, after the agreed pick-up time at the agreed collection point . If a customer does not show up, the trip / service must be paid in full.
For the airport or railway station (only for long-distance railway stations) the trip is considered a no-show when the user or passenger does not arrive without cancellation after the expiry of the hours booked after the agreed time for agreed pick-up, where delays in flights and trains or previous flights and trains lead to a deferral of the expected pick-up time for the planned time period between the scheduled arrival time and the original pick-up time. If a customer does not show up, the trip must be paid in full.
This rule excludes situations in which the NCC and the passenger have agreed on the phone later. An hourly booking always starts at the time of the confirmed withdrawal 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. VEHICLE BEHAVIOR
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 rules on safety belts which require that they be worn even when traveling in the rear seats. All instructions provided by the NCC, by the driver must be respected. It is the responsibility of the NCC, the driver to ensure safe driving. It is therefore forbidden for passengers to open the doors while driving, throwing objects from the vehicle and / or attacking body parts or screaming from the vehicle. If the user or 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.
The consumption of food is strictly prohibited, prohibited. Alcoholic drinks can be consumed in the car only with the consent of the driver, NCC.
5. COMPENSATION AND PAYMENT
The request for compensation, for the payment of the service offered by RomeMinicab is specified, agreed in the booking confirmation.
The key factors for its amount (including reimbursement of expenses to RomeMinicab for the rental service with organized driver) are:
1. the class of the chosen vehicle,
2. the distance,
3. the advance with which the trip was booked,
4. the waiting time,
5. if applicable, the location.
Furthermore, if special requests have been made, for example: multilingual driver, individual labeling of the vehicle, additional stops, bulky luggage, children’s car seats, etc., these can increase the price.
5.2 CHANGES IN COMPETITION
Even after the conclusion of the agreement and also after the start of the rental service with driver, provided that it is possible for the NCC, the user or the passenger can make changes to the travel rules.
If a transfer (rental with driver) is spontaneously extended (distance or number of hours) based on the desire of the user or the guest, the actual service (total distance or number of hours) will be calculated based on the current price structure . In the case of hourly bookings, each additional 30 minute block is considered a billing, i.e. from the first additional minute, a half hour will be rounded to ensure more reliable planning.
Consequently, an increase will be requested from the user or passenger, due to the costs of RomeMinicab for the transport contract, for the benefit of the user, due to the increase in services (more kilometers or more blocks of 30 minutes).
If the distance or the number of hours is less than those originally booked, the price remains unchanged.
5.3 OTHER AWARDS
5.3.1 WAITING TIMES FOR TRANSFER SERVICES
For transfer services there are no surcharges in case of waiting at the airport or railway station (excluding long-distance railway stations) for a waiting time of up to 60 minutes after the agreed pick-up time, in which delays of flights or trains to a difference of the original planned pick-up time and of the new pick-up time generated by the delay, and up to 15 minutes from the agreed pick-up time in all other cases (hotel, b & b, private addresses or company 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 reservations 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 based on the price per kilometer of the particular municipal area and vehicle category.
5.4 PAYMENT TERMS AND TRANSACTION FEE
The user can pay for his rental service with driver by credit card. Credit card inconvenience charges are charged to RomeMinicab. Any transaction costs when making payments by bank transfer (e.g. due to different currencies or different local accounts) are the responsibility of the user.
5.5 UNPAID CREDIT CARD INVOICES
For each payment reminder, RomeMinicab can charge an appropriate fine.
For debts not paid by credit card, RomeMinicab charges the User the costs incurred (bank, credit card company) and reserves the right to request an appropriate management fee for the inconvenience.
5.6 SENDING INVOICES, PAYMENT DATES
RomrMinicab provides the User with the related invoice in electronic format as a download in his RomeMinicab account. In case of payment by credit card, the payment is due immediately. In case of payment by bank transfer, it is necessary to keep the payment date indicated on the invoice.
Coupons can be redeemed individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash.
RomeMinicab is responsible for damage caused by RomeMinicab or their agents or subcontractors, intentionally or through gross negligence. The NCC and all the drivers used for the rental service with driver are neither auxiliary agents nor subcontractors of RomeMinicab. Rather, RomeMinicab has, for the user, a direct transport right on NCC.
In the event of damage caused by simple negligence, RomeMinicab is liable only for violation of fundamental contractual obligations and for foreseeable and typical damages. The fundamental contractual obligations are those which, when satisfied, allow the correct 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 the event of intentional damage to life, organism or health, as well as to claims under the product liability law.
6.2 CONTENT OF WEBApp TOOLS
RomeMinicab is not responsible for the accuracy, reliability, completeness or timeliness of the free content and programs that are distributed under the name of RomeMinicab WebApp, nor for the resulting damages, except to the extent that such damages are intentionally caused or through the negligence of RomeMinicab. This applies to all types of damage, in particular damage caused by errors, delays or interruptions in transmission, or problems with technical equipment and services, incorrect content, omissions, loss or cancellation of data, viruses or in any other way due to the use of this online offer. Furthermore, RomeMinicab is not responsible for the availability and efficiency of the features offered.
6.3 THIRD PARTY WEBSITES
RomeMinicab assumes no responsibility for the content, accuracy, legality and functionality of third party websites referred to via links. Access to these pages via hyperlink is done at the user’s risk.
6.4 ACCURACY OF THE INFORMATION TRANSMITTED, PROVIDING ACCESS
RomeMinicab assumes no responsibility to ensure that the information provided is accurate and complete, or that they reach the User or driver in real time. This does not apply to content on the booking confirmation.
RomeMinicab is not responsible for interruptions in the quality of access to the WebApp due to an excess of force or events for which RomeMinicab is not responsible, in particular the malfunction of the communication networks and / or gateways. RomeMinicab does not guarantee that WebApp will work continuously or without errors or that any errors will be corrected.
6.5 RELEASE OF LIABILITY BY THE USER
The User exempts RomeMinicab from all requests and expenses, including the appropriate legal fees, charged to RomeMinicab by a third party for any use of the WebApp Tools by the User that violates the contract or is a violation of these Conditions.
7. CHANGES TO THE ROMEMINICAB OFFER
RomeMinicab reserves the right to make changes to WebApp at any time appropriately for the user, in order to further develop and improve their quality. Furthermore, RomeMinicab reserves the right, for just cause, to temporarily or permanently suspend its offer via WebApp, even without the User having been personally informed of it.
8. CONTENT PROTECTION, GRANTING USE RIGHTS FOR APP AND WebApp
The content of WebApp enjoys copyright protection. RomeMinicab grants the User the conditional and revocable right to use WebApp as required by compliance with these Conditions. Any use outside of this is prohibited (modifications, copies, releases, transfers, distribution or other improper purposes).
9. FINAL PROVISIONS
9.1 CHANGES AND ADDITIONS
These Conditions are intended as an agreement between RomeMinicab and the User for the rental service with driver. There are no subsidiary agreements. Amendments and additions to this agreement must be in writing, the digital form is not sufficient; the same applies to changes or additions to this written requirement.
9.2 SUBJECT TO CHANGE
RomeMinicab 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 RomeMinicab WebApp website and informing Users. If the User does not object to the new Terms within 14 days of the publication of the information, these will be applied to the User. The continued use of the RomeMinicab 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 undisputed or legally determined counter-proposals against RomeMinicab. This also applies to the user error notification.
The User can exercise a right of retention only if his counterclaim is derived from the same contractual relationship.
The transfer of the User’s claims from the contractual relationship with third parties is excluded without the written consent of RomeMinicab.
9.4 SELECTION OF LAW AND PLACE OF JURISDICTION
For all legal relationships between RomeMinicab 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, insofar as the user is a merchant based on the commercial code or, subsequently, does not have a permanent residence in Italy. Legally binding jurisdictions remain unaffected.
If some provisions of these Terms are invalid, unusable or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegitimate or inapplicable provisions with those closest to the meaning and economic purpose and intentions of the parties.
Status: Rome, March 2019