TERMS AND CONDITIONS OF USE OF THE DI APP UPOOLING SRL (EULA)

 

 

The applications for Android and iOS systems called Birò Share (hereinafter “App”) are distributed by Sharbie Srl , VAT number 15800291005, Data controller pursuant to regulation 2016/679 / EU and are managed by Sharbie srl (Data Processor designated by the Data Controller) and developed by Upooling Srl, based in via San Vittore, 47 – 20123 Milan (MI) (acting as sub-manager of data processing). The car sharing service is provided locally by the licensee Birò Share.

 

 

Description of service

The Birò Share App and the corresponding website are platforms dedicated to the use of the Birò in connected mode, also allowing the management of carpooling and / or carpooling services and functions (the “Service”), allowing the rental of the vehicle between Users. registered with the licensee of the service. The App allows registered users of the rental service to use the vehicles only and exclusively in the area where the rental service is available.

 

 

Acceptance of the Terms and Conditions of Use

The use of the App and the website is subject to the acceptance of these Terms and Conditions of Use (the “Agreement”). When registering your account , the User must explicitly accept the obligations contained therein; this acceptance is integral and indivisible.

In the event of a breach of one of the obligations under the Agreement, the licensee reserves the right to delete the account of the User concerned.

The licensee reserves the right to modify the Agreement, the functionalities offered on the site or the operating rules of the Service offered at any time. The change will be applied after the online publication of the new Agreement, which the User will have the right to accept or reject; any refusal will make it impossible to continue using the Service.

 

 

Prohibition of substitution

The Customer can never replace, not even temporarily, others to himself in the exercise of the rights deriving from the Service and from the single Rental.

 

 

Activation of the Service

The User can download the application for free from the Google Play Store (Android version), from the Apple App Store (iOS version) and to activate it, you will need to create your own account, indicating your phone number and using a registration code. OTP sent to the same number.

During the registration of the account, the User must enter their personal data, complete with name, surname and email address.

Users, who intend to use a Birò, must register before being able to make the rental. Furthermore, they must have accepted this Agreement, having read the Information on the processing of personal data and given the optional consent.

Once this step is completed, the User will have access to his profile on the App and will have to upload a photo of him and enter the data relating to his driving license (number, issuing body, date of issue, expiry date and type), then upload the front and back photos of the license as well as an image that contains the recognizable face of the User and the driving license clearly visible. 

Driving licenses issued within the European Union (EU) and / or the European Economic Area (EEA) are valid and therefore accepted. Driving licenses issued by non-EU / EEA countries are accepted only if accompanied by an International Driving Permit or a certified translation of the national driving license in Italian or English.

The licensee reserves the right, in case of need or in the presence of specific characteristics of the Service, to ask the User for proof of validity of his driving license.

The licensee reserves the right to refuse the registration of a user if untrue data is provided or there have been previous violations of the general terms and conditions.

Before starting the rental, the User must enter the data of his credit / debit / prepaid card, which will be used to proceed with the charges relating to the rentals made and will constitute the guarantee instrument for any damage caused during the use of the Birò. Payments are made through the Stripe Connect platform, a company that offers software services that allow payment processing. Further information on the functioning of the platform is available at https://stripe.com/it/connect .

 

 

Obligations of Users

Once the User has registered for the Service, he accesses it via an OTP code sent to the telephone number indicated during registration. The User, therefore, is responsible for the confidentiality of the access credentials to his account and for all the activities carried out with it; the User undertakes to immediately notify the licensee of any breach of the security of his account .

The licensee will not be liable for any loss or damage resulting from unauthorized use of the User ‘s account . Furthermore, in the event of loss or destruction of the smartphone in which the application is installed, the user must promptly notify the licensee of the incident, so as to be able to block access and prevent improper use. The licensee is in no way responsible, in case of loss / theft, of the use of the credentials contained in the mobile device in the absence of communication from the User.

The User undertakes to provide real data and also accepts to maintain and update his registration data, in order to ensure its accuracy and completeness.

Any variation to the validity of the license, for any reason – including renewal, withdrawal, temporary suspension – must be reported by the User in their profile or communicated to Green Way, through the “Contact us” section within the App . In case of license renewal or replacement, the User must access their profile and update the validity data of the driving license. The Customer will be solely responsible for the failure to notify the licensee of the changes and must indemnify the licensee from any expenses, costs or compensation incurred due to the non-fulfillment of this charge. If the change to the validity of the license occurs during the use of the Service, the Customer must immediately refrain from using the vehicle and stop the ride.

Users undertake to use the Service exclusively in a non-professional and non-commercial capacity.

 

 

Liability of the licensee

The licensee offers the service platform for the use of Birò and cannot be held responsible for professional or commercial use and services provided through his own platform.

The licensee cannot be held responsible for the information communicated by the Users, which could be erroneous or fraudulent.

The licensee undertakes to ensure the functioning of the App and the availability of the website and the Service 24 hours a day and 7 days a week. Nevertheless, it may occur that access to the App and the Service is interrupted during maintenance operations. , physical or IT updates, urgent repairs, as well as following circumstances beyond the licensee’s control (such as, for example, malfunctions in connections and telecommunications systems due to network overload or in the event of a violation). The licensee undertakes to implement all appropriate measures to limit these inefficiencies, if placed under his responsibility.

Users acknowledge and accept that the licensee does not assume any responsibility towards them for any unavailability, suspension or interruption of the Service and that it cannot be held responsible for direct and indirect damages of any nature resulting from this fact.

 

 

Links to Third Party Websites

The licensee is not responsible for the content of third-party websites or applications, for links contained in third-party websites or services or for any changes or updates to third-party websites or services. If the licensee provides link and / or access to third party websites or services, this is for the convenience of the User only and the inclusion of any link or access does not imply any approval by the licensee of the third party site or service. set off.

 

 

Requirements for using the Service

The Service in question is intended for individuals aged 18 or over.

The profile is approved according to the following times and methods:

B driving license holders:

  • Within 5h of completing the profile or within 2h during office hours.

Holders of AM, A1, A2, A driving licenses:

  • From 09:00 to 20:00 with mandatory presentation at the office in Via Roma, 136

(tel. 081 3182535).

 

 

Treatment of personal data

The licensee undertakes to protect the User’s personal data by fully applying the provisions of Regulation 2016/679 / EU as well as the competing national legislation (Legislative Decree 196/03 and subsequent amendments and the provisions of the National Data Protection Authority personal). Due to the characteristics of the services, the User is aware that, in order to be able to provide the Services governed by this Agreement, the licensee collects and processes the geolocation data of the vehicle and the User (latitude and longitude of the start and end of the use) as well as the type of Terminal or Application used, the vehicle used by the User. The User is informed that, in the event of a request from the judicial authorities, the licensee is required to communicate personal data to the police. For more information on the processing of personal data, the User is invited to consult the Information on the processing of personal data made available through the Birò Share App or the website.

 

 

Intellectual property

The User accepts and acknowledges that the Birò Share App and the corresponding website, which includes, by way of example, graphics, user interfaces, audio clips, video clips, editorial content, as well as the scripts and software used to run the Service , contains information and material covered by property rights owned by 2hire Srl (VAT number: 13277841006) and is protected by intellectual property regulations and other applicable provisions, including, by way of example, copyright. The User agrees to use such information covered by copyright and materials exclusively for the use of the Service in compliance with the provisions of this Agreement. No part of the App or the site may be reproduced in any form or by any means, except as expressly permitted in these conditions. The User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App or the site, in any way, and may not exploit the App in an unauthorized manner.

All copyrights relating to the App and the site are owned by 2hire srl. The use of any component of the Service, except for the use of the Service permitted by this Agreement , is strictly prohibited, violates the intellectual property rights of third parties and may expose you to civil and criminal penalties, including possible pecuniary damages, for violation of copyright.

 

 

Responsibility for choosing the app

The user acknowledges that he has previously carried out, under his full responsibility and at his own risk, a careful and accurate examination of the functionalities, the technical-operational methods, the characteristics and the minimum functional requirements of the App, as well as of the risks deriving from the use of the same, by accepting these services without reservations and recognizing them as suitable for their needs, as of now indemnifying the licensee. from any responsibility in this regard or about the choice of services and their suitability to meet the needs and / or needs of the user, present and / or future, even if possibly represented to Fortech and / or whoever for them before signing these conditions.

 

 

Use of services

The user undertakes to use the services in compliance with their characteristics and technical specifications and in compliance with the provisions of these conditions, as well as in compliance with applicable laws, regulations and uses in force. Furthermore, the user undertakes not to use the services improperly and to inform the Manager without delay of any improper use of the same by third parties of which he should become aware. Finally, the user undertakes to favor the Manager in every way in the execution of the services and to do everything possible so that they can usefully protect themselves against third parties who have violated their respective rights.

 

 

Responsibility of the user

The user will be exclusively responsible for the correct and continuous operation of the Internet and / or telephone connectivity from the same intended for the execution of the services covered by the contract. The user will also be exclusively responsible for the correct and continuous functioning of the equipment and / or management systems owned by him and / or availability also used in the execution of the services covered by the Contract; Finally, the user will be exclusively responsible for the methods with which he will concretely use the services covered by the Contract and the correctness of the data entered by the same and / or in any case provided to use these services, committing himself to carry out all the activities in a timely manner. controls contractually charged to him, both preliminary and subsequent to each service provided.

 

 

Disclaimer

Except as provided by law, the Manager will not recognize any guarantee, express or implied, regarding the operation and use of the App and all products accessed through the App. The User acknowledges and accepts that he / she uses the App at his / her own risk and that he / she is solely responsible for any damage to the device through which the App is accessed, such as loss of data or other that may arise by downloading, accessing or using the App.

Except as provided by law, the Manager in no case can be held responsible for any damage, direct or indirect, special or consequential, expenses, loss of profit or any other damage suffered by the user in connection with the use of the App.

 

 

Changes to App Operation

The Manager may change the format and content, in whole or in part, of the App, at any time, including (but not limited to) the removal of features or functionality of the App.

The Manager may suspend the operation of this App, or some of its features or functionalities, for maintenance, in order to update the content or for any other reason.

App updates can be issued from time to time through dedicated channels. The user may not be able to use all or part of the App before downloading the latest version and accepting any new terms and / or conditions of use.

 

 

Transfer of Rights

Sharbie Srl may transfer its rights and obligations under this Terms and Conditions of Use document to any of its subsidiaries or investee companies. Any transfer does not affect the rights or obligations of Sharbie Srl

 

 

Duration

The duration of the Contract is agreed to be 1 (one) year, starting from the date of its signing. It will be automatically renewed from year to year if neither party communicates to the other, by means of rec. a / r in advance by fax or email or by certified e-mail to be sent at least 30 days before each annual deadline (original or extended), the desire not to renew the contract.

 

 

Severance

Each of the clauses or sub-clauses of this Terms and Conditions of Use App operates separately. If a court or competent authority decides that any of them are illegal or unenforceable, the remaining clauses or sub-clauses will remain in full force and effect.

 

 

Termination

The Manager reserves the right, at its sole discretion, to suspend and / or close the account and / or to prevent – even partially – access to the App or to any functionality of the same in the presence of an alleged abnormal use and / or in violation of these terms and conditions of use, without notice and without any liability to the user.

After any action by the Manager under this clause, users are not authorized to create a new account to circumvent the termination, cancellation or restriction

 

 

Changes to the Service

The licensee reserves the right to change, suspend, remove or disable access to the Platform, even without notice. Under no circumstances will the licensee be responsible for these changes. You may also impose limits on your use of or access to certain features or portions of the Service, in any case and without notice or liability.

 

 

Disclaimer of Warranties; Limited responsability

The licensee will provide the Service with reasonable attention and diligence, assuming no other commitment or guarantee with reference to the Service and, in particular, does not guarantee that:

  1. the use by the User of the Service will be uninterrupted or error-free. The User accepts that the Licensee may suspend the Service for an indefinite period of time, or cancel the Service at any time for technical or operational reasons, giving him notice, within the limits of what is possible;
  2. the Service will be free from loss, damage, attacks, viruses, interference, hacker activities or other intrusions in the security systems, which will constitute Force Majeure, and the licensee declines all responsibility related to the above.

Unless the User is exercising any legal right to reimbursement or indemnity, under no circumstances will the licensee, its managers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by the licensee, its employees or agents where:

(i) there is no breach of a statutory duty of care towards the User by the licensee or any of its employees or agents;

(ii) such loss or damage is not a reasonably foreseeable result of any of the aforementioned breaches;

(iii) any increase in damage or loss results from a breach by the User of any provision of this Agreement ;

(iv) follows a decision by the licensee to remove or refuse to process any information or content, to distrust, suspend or terminate the User’s access to the Service or to take any other action, in the presence of a suspected violation or if You are certain that a breach of this Agreement has occurred ;

(v) refers to the loss of income, business or profits, or to the loss or destruction of data in connection with the User’s use of the Service.

The licensee will make every reasonable effort to protect the information provided by the User in connection with the Service.

Nothing in this Agreement excludes or limits the liability of the licensee for gross negligence or willful misconduct.

If the User violates the Agreement , he will be liable to the licensee, its managers, employees, affiliates, agents, contractors, principals or licensors for any claims arising from the violation.

 

 

Variations

The licensee reserves the right, at any time, to modify this Agreement and to introduce new or additional terms or conditions relating to the use of the Service by the User. Such changes and additional terms or conditions will be communicated to the User and, if accepted, will take effect immediately and will be incorporated into this document. In the event that the User refuses to accept these changes, the licensee will have the right to withdraw from this Agreement .

 

 

Various

Should any part of this Agreement be found to be invalid or unenforceable, that part shall be construed, consistent with applicable law, in such a way as to reflect, in the best possible way, the true intention of the parties, and the remaining provisions shall remain fully valid and effective. The fact that Green Way fail to enforce its rights or the provisions of this Agreement does not constitute a waiver of such rights or provisions.

The licensee is not responsible for the non-fulfillment of his obligations due to causes beyond his control.

The licensee may forward communications in reference to the Service via e-mail messages to the address registered in the User’s account or through a message sent directly through the App on his account. The communications will be effective immediately and the User must act accordingly.

Licensee reserves the right to take such steps as it reasonably deems necessary or appropriate to enforce and / or verify compliance with any provision of this Agreement.

 

 

Applicable Law and Jurisdiction

These terms and conditions of use are regulated and must be interpreted in accordance with Italian laws. In the case of a Customer qualifying as a consumer, pursuant to current legislation, in order to resolve any dispute that arises between the latter and the Manager, the Customer will be able to access the European online dispute resolution platform (the European ODR platform). For more details on the European Union ODR Platform or to initiate, through the latter, an ADR procedure relating to the Agreement between Customer and Operator or to the Service, please visit the website http://ec.europa.eu/odr . In the case of a Customer qualifying as a consumer, pursuant to current legislation, for any dispute arising from the Contract or connected to it or deriving from it, which has not been resolved by resorting to the procedure referred to in Article 21 paragraph 2, it will be the Court of the place of residence or domicile elected by the Customer in the Italian territory has exclusive jurisdiction. In all other cases, the court of Rome will have exclusive jurisdiction.

 

 

GENERAL CONDITIONS OF CONTRACT BIRÒ SHARE

 

 

Article 1- Object

1. The acceptance of this contract proposal (“Contract” or “General Contract Conditions”) formulated by Green Way Srl, with registered office in Via Chiatamone n. 1- 80121, Naples CF and VAT no. 09916211213 (hereinafter “Manager”), is a prerequisite for the registration of the Customer in the relative list (hereinafter “Customer List” or individually “Customer”) of the Birò Sharing service (hereinafter “Service”) and to use it, for each single vehicle rental, according to the procedures set out in this Agreement, any attachments and the regulations of the Italian Civil Code.

2. The Customer can formulate the request to use the service, by completing the complete insertion of the requested data in the electronic form (“Form”) available on the service management app and by selecting the appropriate button to subscribe to the Service, without having to subscribe physically a paper application form.

3. The selection of the aforementioned button must be understood as subscription (“Subscription”) for the purposes of this Agreement. The proposal is valid for 45 days from its date of formulation. The Contract is finalized when the Customer receives the communication of acceptance from the Manager. Any aforementioned acceptance will be communicated by e-mail to the Customer within 45 days from the date of signing the Form.

4. The Customer can exercise the right of reconsideration, without any penalty and without specifying the reason, with written communication to be sent to the Manager, in the terms indicated below, according to the methods specified in the following Art. 5

5. The addresses for sending the communication relating to the reconsideration are given in the following Art.23. The Customer can exercise the right to reconsider by revoking the proposal during the period of its validity and before receiving the communication of acceptance by the Manager or by withdrawing from the Contract within fourteen working days following the date of receipt of the communication of acceptance of the proposed by the Manager.

 

 

Article 2 – Prohibition of substitution

The Customer can never replace, not even temporarily, others to himself in the exercise of the rights deriving from the Service and from the single Rental.

 

 

Article 3 – Rules of the Service

1. The Customer has the right to book and rent the vehicles of the Manager by accessing them in the specific areas reserved for them and in accordance with the provisions of the Contract and attached Regulations.

2. Access to the vehicles of the Service takes place through the methods of use regulated in the Contract and attached Regulations.

3. Each individual rental is considered completed by the Customer when he starts the procedure for using the vehicle and ends when the Customer regularly concludes the vehicle release procedure in the same city in which he started the procedure for using the same as described and regulated in the Contract and attached Regulations (“Rental”).

4. The Customer, for each Vehicle Rental and for the entire period in which he is a Customer of the Service, is obliged to abide by and observe the provisions of this Agreement which, together with all the attached Regulations, the Customer declares to have examined and therefore to well know and which constitute an integral and substantial part of the Contract and are to be understood as fully referred to herein.

5. The Manager reserves the right at any time to modify, integrate, vary and / or discontinue one or more of the components, functionalities or characteristics of the Service as well as update and integrate or modify for justified reasons (by way of example, legislative changes have occurred / regulatory, supervening needs of a technical / economic nature, etc.) the provisions of the Contract and attached Regulations by direct communication to the Customer at the e-mail address communicated by the Customer during registration in the Customer List. The changes will come into force upon receipt of the relative communication by the Customer. In the event, however, in which modifications to the Service, and / or to the Contract and attached Regulations are essential (by way of example, the introduction of new penalties, substantial changes to the vehicle rental methods, etc.), the same will be applied after 30 (thirty) days from the moment in which the Manager will have announced them to the Customer in writing in the manner described above, unless legal provisions or administrative measures do not impose or involve an early application date. In the event of disagreement, the Customer may withdraw from the Contract without charge, following the procedures set out in the following Article 5 paragraph 2, no later than 5 (five) calendar days prior to the time in which the modifications would otherwise have been applied. In this case, the withdrawal will become effective at 24.00 on the day before the one in which the modifications would otherwise have been applied.

6. Your continued use of the Service after the changes have come into effect will constitute implicit acceptance of the changes by the Customer.

 

 

Article 4 – Requirements for membership

1. The Manager reserves the right to deny access to the Service on the basis of its unquestionable assessment on the solvency of the potential Customer, or on its previous incorrect operation with the Manager to whom the contract proposal is addressed or with any other operating manager in the Vehicle Sharing sector. It is understood that membership of the Service is allowed to people over 18 who have, for at least one year, a valid qualification enabling the driving of motor vehicles (“Driving license”) obtained in Italy (“Italian Driving License”) or obtained in one of the foreign countries referred to in the Foreign States Annex (“Foreign License”). Both when joining the Service and during the entire duration of the Contract, the Customer must have a valid driving license that has not been suspended, withdrawn or in any case no longer available due to a provision of the Authorities or regulatory provisions, as a driving license. The Customer undertakes immediately to communicate, promptly, to the Manager any withdrawals, suspensions, revocations, loss etc. that may affect the driving license. This communication must be sent to the Manager via e-mail to the address referred to in Article 23.

Following this communication, the Manager will immediately suspend the Customer from the Service and will evaluate the opportunity to terminate this Agreement with the cancellation of the Customer from the Customer List. The Customer, in the event of revocation or cancellation of the aforementioned measures, will be able to access the Service by means of a new request for membership, if the Manager has declared the Contract terminated. In the event of suspension from the Service, the Customer may request reactivation at the e-mail address referred to in Art. 23 attaching the documentary evidence of attribution of the License following the revocation, withdrawal, suspension etc.

2. The Operator, following acceptance of the contract proposal, after verifying the conditions referred to in point 4.1 above, proceeds to register in the Customer List. 3. In case of violation by the Customer of even one of the obligations referred to in point 1 of this Article 4. The Manager may declare the Contract terminated, pursuant to art. 17 of the Contract.

 

 

Article 5 – Duration and Withdrawal

1.The registration in the Customer List will be considered completed starting from the date of the e-mail communication by the Registration Manager in the Customer List

2. The Customer may withdraw from this Agreement, with thirty days’ notice, by notifying the Manager alternatively by: i. specific function on the App; ii. communication by e-mail (to be sent to assistenza@greenwayprocida.it from the same address used during registration and / or subsequently communicated); iii. PEC at the address referred to in Art. 23; without prejudice to the payment of any amounts already accrued at your expense due to the use of the Service through the Rental of vehicles even during the notice period.

3. The Manager may, at any time, withdraw from the relationship, with 60 days’ notice, by notifying the Customer by registered letter with return receipt or PEC or email to the addresses provided by the Customer during registration in the Customer List.

4. The withdrawal of one or the other party or the legal termination of this Agreement entails the loss of the quality of Customer with the automatic termination of the Agreement and of any consequential relationship connected to the Service.

5. The Operator may suspend the Customer’s right to access the Service. The exercise of this right by the Manager may take place following the Client’s breach of the obligations arising from the Contract. The suspension is not an alternative to the Operator’s right to make use, where provided, of the termination clause expressed in the event of a serious breach by the Customer referred to in the following art. 1 7. The preventive suspension of the Service in no case implies a waiver by the Manager to avail himself of the remedy of the termination for non-fulfillment of the Customer or of the withdrawal.

 

 

Article 6 – Use of vehicles 

1. The vehicles, for each individual Rental, must be used in full compliance with the requirements set out in this Contract and attached Regulations.

2. In particular, the vehicle must be driven in compliance with the highway code and related regulations and, in general, with the diligence of a good family man, without any part of it being tampered with.

3. The driving of the vehicles is allowed only to the Customer and cannot be entrusted to third parties, not even in the presence of the Customer, except in the case of force majeure.

4. The use of the vehicles of the Service beyond the borders of the Italian national territory is not allowed, except with the express consent of the Manager. Special conditions, relating to the Customer’s responsibility, for the use of service vehicles in other EU countries may be governed by the Regulation.

5. The Customer undertakes to drive the vehicles with the care and diligence of a good family man (Art. 1176 of the Italian Civil Code) scrupulously following the rules of the Highway Code.

6. The vehicles must be used in compliance with the provisions of the law and in full compliance with the Highway Code and on the basis of the specific use envisaged in the traffic certificate. In particular, the Manager will be relieved of all civil and criminal liability for all infringements, seizures, and other responsibilities related to the use and conditions of the vehicles due to the fact and fault of the Customer.

7.Vehicles must not be used: i. for the transport of goods or people in contrast with the laws and regulations in force in the place where the vehicle is in circulation; ii. for the transport of weapons, explosives, radioactive, bacteriological and similar material; iii. for the transport of dangerous, flammable, toxic or similar substances; iv. to push and / or tow other vehicles; v. for the transport of people and / or goods in excess of the quantities required by the registration certificate and the use and maintenance booklet; you. for the transport of animals; vii. for the transport of people for remuneration and for competitions of any kind; viii. The Customer is also obliged not to destroy, alter or take copies and casts of the registration certificate, the vehicle keys and the fuel card that may be present on board the vehicle.

8. Without prejudice to the application of penalties, in the event of non-fulfillment or irregular fulfillment by the Customer of the obligations referred to in this article, and in particular in the event of negligence, negligence, negligence and inexperience of the Customer, the latter will respond to the Manager damage attributable to it and will be required to pay the related compensation. If the damage is compensated – in whole or in part – by a third party, the customer will be obliged to compensate only the portion of the damage not compensated by third parties.

9. In case of violation by the Customer of even one of the obligations referred to in this article, the Manager may declare the Contract terminated, pursuant to art. 17 of the Contract.

 

 

Article 7 – Driving permit

1. The Customer must have been in possession of a driving license valid for the vehicle in use for at least one year and which is not suspended, withdrawn, revoked upon joining the Service and for the entire duration of the same.

2. The Customer must be and remain, for the entire duration of the Service, in possession of the driving license valid for the type of vehicle in use.

3. Any suspension or withdrawal of the License entails the automatic suspension of the interested party from accessing the Service, without prejudice to the right of the Manager to terminate this Agreement.

4. The Customer in possession of a Foreign Driving License issued by a non-EU foreign country, among those listed in the Foreign States Annex, must be in possession and provide the Operator upon registration for the Service, including a copy of the international permit to driving license or sworn translation of the license. The validity and effectiveness of these documents must remain for the entire duration of adhesion to the Service.

5. Each time the vehicle is used, the Manager reserves the right to verify the fulfillment of the requirements referred to in the previous points.

6. In case of violation by the Customer of even one of the obligations referred to in points 1, 2, 3 and 4 of this article, the Manager may declare the Contract terminated, pursuant to art. 1 7 of the Contract.

 

 

Article 8 – Rates

1.Two tariffs are in force on the Procida site, the first reserved for those who are residents of the municipality of Procida, the second for the remaining users. To enjoy the rate dedicated to residents, it is necessary to attach to the profile a copy of a valid identification document certifying residence in the municipality of Procida.

 

Residents Non Residents
Cost of unlocking 0,80€ 2€
Price per minute 0,20€ 0,50€

 

In the pre-rental phase, a Pre-Authorization of € 25 is issued to verify that the payment method added by the user is valid. The amount will be returned at the end of the rental or within 48 working hours. The resident rate is implemented through a discount coupon.

 

2 .. Promotions / Conventions 

On the basis of promotions of the Manager or specific commercial agreements with third parties, the Customer may have a voucher (“Voucher”) and / or discounted rates for the use of the Service. The Manager will verify the existence and permanence of the advantages deriving from the aforementioned benefits for the Customers. These tariff concessions or Vouchers may have a maximum term of duration depending on the promotions or agreements relating to them. Furthermore, each Voucher, expressed in Euro, does not constitute an economic recognition by the Manager to the Customer and cannot be converted into money but can only be used as a consideration for the Rental. In the event that the Customer has a Voucher at the end of a Rental, this will be used automatically to compensate for all or part of the rental amount due by the Customer. The improper use of these benefits by the Customer constitutes a serious contractual breach and may lead to the termination of the Contract.

The Operator may proceed to update the rates at any time. Any change in the rates will be communicated to the Customer by direct communication to the Customer at the e-mail address communicated by the Customer during registration in the Customer List. The changes will be applied after 30 (thirty) days from the moment in which the Manager will have announced them to the Customer in writing. In case of disagreement, the Customer may withdraw from the Contract without charge, following the procedures referred to in Article 5 paragraph 2 above, no later than 5 (five) calendar days prior to the time when the update to the rates would otherwise have been applied. . In this case, the withdrawal will become effective at 24.00 on the day before the one in which the modifications would otherwise have been applied.

 

 

Article 9 – Invoicing and payments

1. Payment methods:

1.1 For Customers in possession of an Italian Driving License, the credit card or prepaid card communicated by the Customer in their profile when registering in the Customer List is the normal method of payment for the Service. The total amount actually due for the Rental will be charged at the end of the Rental.

1.2 In the event that the Customer takes advantage of the Additional Booking Minutes (for a fee) without starting the Rental due to the expiry of the booking at the end of the ninetieth minute or for cancellation of the reservation between the twenty-first and the ninetieth minute, the relative amounts will be charged. to the Client upon expiry of the ninety minutes of booking or upon cancellation of the booking. 1.3 In the event of a prolonged Rental, the Manager, during the same Rental, reserves the right to periodically charge the total amount accrued even if the Rental has not yet been completed. At the end of the Rental, the Customer will then be charged the residual amount accrued.

1.4. If the credit card or prepaid card, where admitted, registered by the Customer refuses a charge and the same cannot be fully extinguished even with the amount subject to pre-authorization referred to in paragraph 8 below, the Manager will notify the non-payment to the Customer. The Manager reserves the right to suspend the Customer from the Service until the settlement of any debts.

1.5. In case of non-payment, delayed or partial payment, default interest will be applied to the Customer pursuant to Legislative Decree 231/2002.

1.6. With the Rental, the Customer has no time limits for the return of the vehicle. However, in the event of non-payment or impossibility of payment by the Customer due to inability or overrun of the limit of the credit card or prepaid card communicated and admitted during registration, at any time, reserves the right to oblige the Customer to return the vehicle also by locking the vehicle in compliance with the safety of the Customer and third parties. In the event of a delay following an explicit reminder from the Manager to return the vehicle, the Customer will be charged a penalty for each hour of delay in fulfilling the return request, unless the Contract is suspended and / or terminated due to serious breach by the Customer. , pursuant to art. 17 of the Contract.

1.7. The billing period is monthly. The invoice will show the debits and / or credits made during the month, specifying the relative uses and any additional costs (for example Penalties). The invoice is issued in electronic format and can be downloaded from the Customer profile.

1.8. Failure to pay or delayed payment of the consideration for even a single Rental both at the end and during the same may result in the termination of the Contract pursuant to art. 17 and the related amounts will be recovered by the Operator in accordance with the law. With the exception of Rentals with prepaid rates, the Operator, for the sole purpose of verifying the means of payment provided and as a fraud prevention measure, will request, through the payment service provider with whom it has entered into a specific contract, a pre-authorization of payment equal to the amount of 10.00 (ten) euros. This amount subject to pre-authorization will be temporarily blocked and unavailable for the Customer starting from the deed of booking the vehicle until 11.59 pm the following day. In the case of sums due for any reason by the Customer in relation to the Rental, the Manager will claim in the first instance on the amount subject to pre-authorization, possibly releasing the remaining part of this amount or, on the contrary, proceeding with the further charge. of the most credit. In the event that the request for pre-authorization of payment is unsuccessful, the reservation will be automatically canceled.

 

 

Article 10 – Reservation, pick-up, use and release of the vehicle

The methods of collection, use and release of vehicles are governed by the Contract and attached Regulations. The Customer, immediately, undertakes for each Vehicle Rental, to strictly comply with these methods.

 

 

Article 11 – Loss of the key

1. The vehicle key must be used according to the instructions contained in the Contract and attached Regulations.

2. The loss of the key or its damage will result in a penalty, except for any greater damage.

3. In case of violation by the Customer of even one of the obligations referred to in this article, the Manager may declare the Contract terminated, pursuant to art. 17 of the Contract. and attached Regulations

 

 

Article 12 – Damage to the Vehicle

1.The Customer will be responsible for damage caused to the vehicle by willful misconduct or gross negligence of the Customer, as well as damage to the vehicle not communicated to the Manager at the end of the Rental. In such cases the relative damages will be charged to the Customer in full. Without prejudice to the obligation to report the damage, it is understood that, without prejudice to the Customer’s right to demonstrate that the damage was caused by causes not attributable to him.

Article 13 – Total Theft and Robbery 

1. In the event of total theft, vehicle robbery and / or vandalism, the Customer, except as provided in the Contract and attached Regulations, will be required to: – immediately contact the Manager’s Customer Service – immediately report the event to the competent authorities and in any case no later than 12 hours from its occurrence (or from the moment it became known); – send via e-mail or registered A / R to the manager at the address referred to in Art. 23, within 24 hours of submission to the aforementioned authorities, a copy of the theft report; – send the original of the theft / robbery report by registered letter with return receipt to the address indicated in Art. 23 no later than 3 (three) working days from the date of the event (or from the moment in which it became known); – in case of theft of the rental vehicle but parked, transmit the keys of the stolen vehicle. In case of non-return of the above, the Customer will be required to pay compensation corresponding to the commercial value (Eurotax Yellow) of the vehicle at the time of the theft.

2. The Manager reserves the right to claim against the Customer in the event that the Customer himself has determined or facilitated the theft for willful misconduct, negligence, negligence, charging him, by way of compensation for damage for non-fulfillment or irregular fulfillment, an equal amount at the Eurotax Yellow value at the time of the theft.

3. In case of violation by the Customer of even one of the obligations referred to in this article, the Manager may declare the Contract terminated, pursuant to art. 17 of the Contract.

 

 

Article 14 – Financial penalties

1. The procedures for overturning financial penalties to the Customer are governed by the Contract and attached Regulations.

2. All expenses, charges incurred by the Manager and the penalties as a result of the above proceedings and sanctions will be borne by the Customer who rented the vehicle at the time of the application of the sanction or whose behavior in use and release of the vehicle led to the application of the sanction.

3. The Customer is required to check that there are no temporary prohibitions (for example for street washing, market, road works) in the parking area. The Customer cannot release the vehicle in the event that the temporary ban begins earlier than 48 hours from the time the vehicle is released (for example, if the parking ban begins on Tuesday at 09:00, the Customer is authorized to release the vehicle no later than 09:00 on the Sunday immediately preceding). The release of the Vehicle cannot be carried out on parking areas with time limitations (parking disc).

4. In case of forced removal of the vehicle during the Rental, the Customer must promptly contact the Customer Service who will start the procedures for the recovery of the vehicle. All costs and penalties resulting from the forced removal of a vehicle, both during and at the end of a Rental, will be charged to the Customer in addition to the relative Penalty, without prejudice to compensation for greater damage.

5. In case of violation by the Customer of even one of the obligations referred to in this article, the Manager may declare the Contract terminated, pursuant to art. 17 of the Contract.

 

 

Article 15 – Accident or damage to the vehicle

1. In the event of an accident or breakdown of the vehicle, the Customer must immediately notify the Manager. 2. The Customer will be responsible for all damages to the vehicle and / or to persons and things attributable to him, in addition to the charge of the penalties indicated in the annex “Claims Management”.

2. If the Manager receives a claim for damages following an accident, without having received the notification and documentation from the Customer who was using the vehicle at the time of the accident, the Manager reserves the right to apply penalties and eventually dissolve or suspend the Service with charge of all costs to the Customer, as regulated in the Penalties annex to the General Contract Conditions.

3. In case of violation by the Customer of even one of the obligations referred to in this article, the Manager may declare the Contract terminated, pursuant to art. 17 of the Contract.

 

 

Article 16 – Insurance and risk coverage 

1. Vehicles have RCA insurance coverage.

2. The Manager also provides for the coverage of the risks for fire, theft and kasko, with no deductible to be paid by the Customer.

 

 

Article 17 – Termination of the Agreement

1. Cases of serious breach will constitute cases, upon the occurrence of which the Manager will have the right to terminate the Contract pursuant to Art. 1456 cc due to the fact and fault of the Customer and without prejudice to compensation for further damage, by giving simple written notice by registered letter with return receipt or by certified email, the following cases: a) The Customer who is under the age of 18 and \ or not in possession of a driving license and, where required, a copy of the international driving permit or a sworn translation of the driving license or who has not obtained the driving license for at least one year at the time of registration in the Customer List;

b) Failure by the Customer to notify the Manager of the suspension, revocation, withdrawal etc. driving license and / or international driving permit;

c) Use of false credentials and documents or in any case not attributable to the Customer, when registering for the Service and / or booking and renting vehicles, including the indication of promotional codes / agreements without being entitled to them;

d) Multiple booking of one or more vehicles without starting the Rental;

e) Failure by the Customer to fulfill even one of the obligations relating to the conditions of use of the vehicles as regulated in paragraph 5 of the Contract and attached Regulations;

f) Failure or delay in payment of the amounts deriving from the use of the Service at the end of or during a single Rental;

g) Release of the rented vehicle, at the end of the Rental, in an area without satellite coverage or located outside the Coverage Area of the City in which the Rental began or used outside the Italian territory; h) If the Customer smears or carries out any vandalism to the detriment of the vehicles;

i) If the Customer, despite a written warning, does not interrupt a serious violation of the Contract and attached Regulations or if it does not immediately remedy the consequences that have already occurred in relation to such violations;

j) If the Customer habitually uses, or there is reason to suspect that he habitually uses drugs or alcohol or psychotropic substances;

l) If the Customer, even at the request of the Manager, does not return a vehicle;

m) Failure to pay the Penalties applied by the Manager;

n) Driving the rented vehicle by a person other than the customer who proceeded with the rental;

o) Failure by the Customer to comply with even one of the obligations relating to the use of vehicles pursuant to art. 6 of the Contract;

p) Loss, damage and / or imprint of the vehicle key by the Customer;

q) Facilitation or negligent or willful commission of the Customer for theft, robbery and / or vandalism to the detriment of the vehicle in accordance with the provisions of art. 13;

r) To incur financial penalties on the part of the Customer during the Rental in accordance with the provisions of art. 14 of the Contract;

s) If the Customer, due to his own cause and fault, has caused an accident or damage to the vehicle;

t) In the event of a Rental Term by the Customer in private spaces or areas other than the private areas specifically dedicated to parking the Service vehicles;

u) In case of improper use by the Customer of the advantages deriving from the attribution of Vouchers and / or from particular conventions or agreements in place between the Manager and third parties.

 

 

Article 18 – Disclaimer 

1. Excluding cases of willful misconduct or gross negligence of the Manager, the latter is not liable for direct or indirect damages of any nature that the Customer or third parties may suffer in any way due to the Service not directly attributable to the Manager, or for changes of the methods, times and / or conditions of provision of the Service as well as due to suspension, interruption or otherwise unavailability of the Service itself depending on the vehicles, technological equipment, telecommunications information systems and in any case from causes attributable to both the Providers of the Operator and to third parties in general.

2. Furthermore, any liability of the Operator is excluded for the total or partial non-fulfillment of the obligations assumed due to force majeure such as, by way of example and not limited to: acts of the State and the Public Administration, acts of the Public Authority, legal limitations, fires , floods, explosions, mobilizations, riots, strikes, industrial disturbances, lack of raw materials, lack of electricity, interruption of telephone lines, lack of fuel oils and others.

3. The Customer in any case expressly exempts the Manager from any liability for any damages of any nature suffered by the Customer and / or third parties in relation to the execution of the Contract not deriving from willful misconduct or gross negligence of the Manager but attributable to willful misconduct or gross negligence of the Customer.

 

 

Article 19 – Penalties

1. The Manager reserves the right to apply to the Customer the penalties indicated below (“Penalties”) upon the occurrence of the cases envisaged and regulated by the Contract, without prejudice, in any case, to compensation for greater damage.

  1. Claim with failure or delay in sending the CID and / or sending the incomplete CID: € 1,000
  2. Claim under the responsibility of the Customer with complete CID and sent within the indicated times: € 500
  3. Administrative Notifications Activities aimed at re-notification of fines: € 25
  4. Customer profile reactivation, for example following suspension for expired driving license, suspension for missed payments etc: € 5
  5. Need for intervention Loss, damage to vehicle documents: € 50
  6. Extraordinary cleaning: € 50
  7. Sanitation for non-compliance with the smoking ban inside the vehicle: € 50
  8. Unauthorized transport of animals: € 50
  9. Failure to comply with the instructions provided by Customer Service or by the operator who intervened on site (in case of breakdown, breakdown, accident, etc.): € 50
  10. Return of the vehicle in prohibited parking, outside the permitted spaces or which causes obstruction with or without removal of the vehicle: € 50
  11. Vehicle return without having correctly completed the Release Procedure: € 50
  12. Breakdown assistance for damages caused by the Customer, with or without counterpart (eg passive CID): € 60

In particular, after having carefully examined the case and ascertained the involvement of the Customer, the Manager informs the Customer via e-mail of the reason and the amount of the Penalty, following the aforementioned communication, this will be charged to the credit card or prepaid card. registered by the Customer.

2. Failure to pay the Penalties may result in the suspension and / or termination of the Contract pursuant to art. 17 and the related amounts will be recovered by the Operator in accordance with the law.

 

 

Article 20 – Disputes and Applicable Law 

1. The Contract, the Regulations and the Attachments are governed by Italian law.

2. In the case of a Customer qualifying as a consumer, pursuant to current legislation, in order to resolve any dispute that arises between the latter and the Manager, the Customer may access the European online dispute resolution platform (the European ODR platform) . The European ODR Platform was developed and is managed by the European Commission, in compliance with Directive no. 2013/11 / EU and with EU Regulation no. 524/2013, in order to facilitate an independent, impartial, transparent, efficient, rapid and fair out-of-court resolution of disputes relating to contractual obligations deriving from sales or online service contracts between a consumer resident in the European Union and a professional established in ‘EU, through the intervention of an ADR (“Alternative Dispute Resolution”) body, to be selected from a list made available by the European Commission. For more details on the European Union ODR Platform or to initiate, through the latter, an ADR procedure relating to the Agreement between Customer and Operator or to the Service, please visit the website http://ec.europa.eu/odr .

3. In the case of a Customer qualifying as a consumer, pursuant to current legislation, for any dispute arising from the Contract or connected to it or deriving from it, which has not been resolved by resorting to the procedure referred to in Article 21 paragraph 2 , the Court of the place of residence or domicile elected by the Customer in the Italian territory will have exclusive jurisdiction. In all other cases, the court of Rome will have exclusive jurisdiction.

 

 

Article 21 – Miscellaneous

1. The circumstance that the Manager does not assert on any occasion the rights and faculties contractually recognized to it can in no case be interpreted as a waiver or abdication of said rights or faculties, nor will it prevent them from claiming full at any other time, punctual and strict compliance.

2. The possible nullity and ineffectiveness of one or more clauses of the Contract, also deriving from changes to the current legislation, introduced by the laws of the State and of the European Community, does not affect the validity of the Contract as a whole.

3. In this case, the Contract will be interpreted and integrated as if it contained all the clauses that allow the essential purpose pursued by the agreement of the Parties to be achieved in accordance with the law.

 

 

Article 22 – Communications

1. For any communication for the purposes of the contract, reference will be made to: Green Way Srl., With registered office in Via Chaiatamone n. 1- 80121, Naples

E-mail address: assistenza@greenwayprocida.it 

PEC address: green-waysrl@pec.it 

2. Pursuant to and for the purposes of art. 1407 cc, the Customer hereby gives his consent to the transfer by the Manager of his contractual position to another company, the transfer of which will be promptly communicated to the Customer. The Customer, after having read the General Contract Conditions governing the relationship with the Manager, declares, pursuant to and for the purposes of art. 1341 of the civil code, to fully accept and specifically approve the clauses referred to in articles: Article 2 (Prohibition of substitution); 3 (Rules of the Service); Article 4 (Requirements for membership); Article 5 (Duration and Withdrawal); Article 6 (Use of vehicles); Article 8 (Rates); Article 9 (Invoicing and Payments); Article 11 (Loss of the key); Article 12 (Damage to the Vehicle); Article 13 (Total Theft and Robbery); Article 14 (Administrative pecuniary sanctions); Article 15 (Accident or damage to the vehicle); Article 16 (Insurance and risk coverage); Article 17 (Refueling); Article 18 (Disclaimer of liability); Article 19 (Penalties); Article 20 (Disputes and Applicable Law); Article 21 (Miscellaneous); (Penalty Annex); (Claims Management Annex)

 

 

REGULATION

 

BIRÒ SHARE

 

 

1.Introduction to the service

Birò Share is a service (the Service) offered by Green Way Srl., With registered office in Via Chaiatamone n. 1- 80121, Naples CF and VAT no. 09916211213 (the Manager) which allows registered customers (Customers) to use a vehicle by paying for it only on the basis of actual use during each individual Rental. The Customer can search for the vehicle through an App for smartphones with a compatible operating system. The use of the Service can take place through specific functions of the App for starting, managing and ending the Rental (“Device”). This Regulation defines the methods of use of the Service. It is published in the Manager’s app to guarantee its consultation at any time. The Manager reserves the right to modify these Regulations or its attachments at any time by notifying the Customer in accordance with the provisions of the General Contract Conditions.

 

 

2. Registration

Registration for the Service is granted exclusively to natural persons and can be done through the App. Registration is activated, by acceptance by the Manager of the proposal of the potential customer, after the potential customer:

1. has filled in all mandatory fields;

2. has read and accepted these Regulations well and has read and accepted the General Contract Conditions well;

3. authorized the use of its data by the Manager for the purposes of the Service;

4. used during the registration phase for the Service and will use for the entire duration of the same an email and a mobile number for mobile and personal communication services that are valid and traceable to him;

5. has correctly carried out, following the instructions of the App, the uploading of the images (front and back) of its valid and unexpired identification document and has correctly entered the relative data verified and validated by the Manager or by another person specifically appointed;

6. has correctly carried out, following the instructions of the App, the uploading of the images (front and back) of the driving license and, where necessary, of the international driving permit or of the sworn translation of the foreign driving license and has correctly entered the relevant verified data and validated by the Manager or by another person specifically appointed. The data relating to the Italian driving license are also verified and validated by the Italian Civil Motorization;

7. has correctly carried out, following the instructions of the App, the upload of a photograph of their face from which it is clearly recognizable, verified and validated by the Manager or by another person specifically appointed;

8. has correctly entered the data relating to the credit card or prepaid card (where permitted) for the payment of the Service and the latter have been verified and approved through the payment platform, also – if necessary – through the managed 3D Secure service by the payment service provider

9. has selected the appropriate command from the Manager’s App to confirm registration. The potential customer undertakes to respect and carry out in good faith and with the diligence of a good family man the commitments undertaken by registering for the Service and contained in the Regulations and in the General Contract Conditions for each individual Rental and for as long as he remains a Customer. of the Service. The use of the Service is allowed only to Customers.

 

 

2.1 Registration process

At the time of the proposal to subscribe to the Service, the potential customer is informed about the purposes of the Service and the relative methods of delivery of the same and if he shares the terms and conditions, he enters his data and explicitly accepts the terms and conditions. proposed conditions. The following are mandatory information for registration:

a) data for accessing the App: email and password;

b) country of issue of the driving license;

c) personal and personal data;

d) acceptance of the Regulations, General Contract Conditions and Privacy Policy;

e) mobile phone number for mobile and personal communication services;

f) data and images of a valid and unexpired identification document;

g) data and images of the driving license and, where necessary, the international driving permit or the sworn translation of the foreign driving license, valid and not expired;

h) photograph of the prospect’s face from which it is clearly recognizable;

i) payment details.

The Customer, if applicable, may also fill in the optional fields relating to promotions and / or agreements; in this case, the possibility of using the related benefits will be subject to verification by the Manager of the data entered and the effective legitimacy of the Customer to take advantage of the relative facilities. In order to be able to send the proposal for registration to the Service to the Manager, the potential customer must, among other things, expressly consent to the geo-location of the vehicles, and to the detection of data relating to the circulation of vehicles, the processing of personal data and, if requested, send an instant photo of your face to the Manager. The data, thus entered, are processed and, if no irregularities are found, the proposal for registration to the Service by the potential customer is sent to the Manager. If the Operator does not find any irregularities in the proposal for registration to the Service by the potential customer, he sends the Customer an email notifying the acceptance of the proposal with the contractual documentation attached

The fields filled in by the Customer at the time of registration are stored in the Customer profile. With the credentials created at the time of registration, the Customer is able to access and modify their profile at any time through the reserved area of the website or through the App. Furthermore, from the profile, the Customer is able to consult information relating to uses, such as by way of example and not limited to: the history of the services used, invoices, any vouchers for the use of the Service (“Voucher”).

 

 

3. Location and access to vehicles 

 

 

3.1 Vehicle location

All vehicles are geo-localized via GPS signal and can be tracked by the Manager at any time, even when in use by the Customer. The available vehicles are located in parking lots permitted in public areas or in parking lots made available by the Manager within the coverage area of the city where the Service is active

 

 

3.2 Reservation and access to the vehicle

Once the desired available vehicle has been identified, the Customer has the possibility to book it. The reservation must be made through the App. Once the vehicle has been booked, the Manager sends the Customer a communication with the details of the vehicle booked. The reservation lasts a maximum of 5 (five) minutes – free of charge -. In the event that the Customer decides to cancel the reservation or the five minutes of booking have expired, without the Customer starting the Rental, by unlocking the doors, the vehicle is made available again and can be booked by other Customers. The Customer will not be able to book the same vehicle for 120 minutes from the expiry or cancellation of the previous booking. The Customer must book a vehicle only when he actually plans to use it within the 5 (five) minutes allowed. The Manager reserves the right to verify the improper use of vehicle bookings by the Customer. In this case, the Manager may suspend the Customer from the Service, or terminate the Contract, for violation by the Customer of the principle of correctness and good faith in the use of the Service. After reaching the booked vehicle, the Customer must use the App to unlock the doors and start the Rental.

 

 

3.3 Immediate use of the vehicle

The Customer can also immediately use a vehicle identified directly on the road by booking and using the App, the car doors are unlocked and the Rental begins. The Customer has access to the vehicle.

 

 

3.4 Beginning of the rental

Both in case of booking and access to the vehicle and in case of immediate use of the vehicle, from the moment the doors are unlocked, the rental of the vehicle regulated in accordance with these Regulations, the General Contract Conditions and the applicable civil law is effective.

 

 

4 Withdrawal 

At the time of collection, the Customer is required to check that the vehicle has no obvious damage (by way of example and not limited to: damage to the bodywork, wheels, interior, abnormal vehicle noise, vehicle malfunction indicator lights, etc.). In the event that the vehicle is not suitable for use, the Customer can decide to release it by reporting the anomalies found in the App. In general, the Customer, in case of need, always has the possibility to contact Customer Service directly from the App for assistance. and further reports.

 

 

5 Use

 

 

5.1 Rules of conduct in the use of vehicles 

a) For each Vehicle Rental, the Customer is obliged to strictly comply with the provisions of the General Contract Conditions and these Regulations;

b) the vehicles must be used in the manner and within the limits established by the Regulations, by the General Contract Conditions, by the applicable civil law and by any provisions received from the Manager at the time of booking and / or during use;

c) only Customers registered with the Service and in possession of a valid driving license as prescribed in the General Contract Conditions may use the vehicles;

d) any changes regarding the status of the license such as withdrawal, suspension, exhaustion of points or expiry, loss, must be immediately communicated to the Manager;

e) the vehicle must be driven exclusively by the Customer registered with the Service and holder of the current booking. It is strictly forbidden to allow the driving of vehicles to third parties, even if the third party is another Customer. In case of infringement, the Customer may be charged a penalty;

f) the vehicle must be driven in compliance with the Highway Code, the Civil Code and the Criminal Code and in general with the utmost diligence;

g) the Customer at the time of each single rental must be in full possession of his mental faculties and must not have taken any type of drug, alcohol or medicine that could potentially limit the Customer’s driving skills;

h) in general, vehicles do not have access to areas where traffic is forbidden to vehicles (eg urban pedestrian areas); i) any financial penalties for the violation of the laws on the circulation of vehicles (Highway Code, municipal regulations, failure to pay tolls and parking) will be notified to the Customer who will have to pay;

j) all pecuniary sanctions will be applied, upon notification, to the Customer who at the time of the infringement was using the vehicle subject to the sanction or whose behavior in the use and release of the vehicle led to the application of the sanction;

k) on board the vehicles it is strictly forbidden to smoke. Failure to comply with this prohibition will result in the car interior cleaning and a penalty being charged to the Customer who last used the vehicle;

l) vehicles cannot be parked in private areas other than those expressly reserved for the parking of the Service vehicles;

 

 

5.2 Usage process

After answering the questions relating to the status of the vehicle on the App, the Customer can start it. The ignition key is stored in the vehicle in a suitably marked glove box. Once the vehicle has been parked and the engine switched off, the App asks if the Customer wishes to release the vehicle and end the Rental. If the Customer does not select the “terminate rental” option, he will continue to maintain the use of the vehicle. In this case, the Customer must use the supplied key to lock the vehicle.

 

 

5.3 Refueling

The rates established by the Operator include the cost of recharging. In the case of electric vehicles it is necessary to return the vehicle with a level of autonomy greater than 10 km. Top-up is the responsibility of the Manager.

 

 

5.4 Parking

However, the Customer can park the vehicle only where permitted by the Highway Code. It is not allowed to park in reserved stalls such as, by way of example and not limited to, parking spaces reserved for disabled people, law enforcement agencies, loading-unloading goods, taxis, institutions or diplomatic corps.

 

 

5.5 Release Procedure

After having parked the vehicle in the spaces allowed within the City Coverage Area, the Customer has the possibility to release the vehicle by selecting the “end rental” option on the App. The Customer cannot release the vehicle outside the Area City Coverage or outside the permitted spaces. Failure to comply with these obligations will result in the charge of penalties. Furthermore, the Customer must ensure that: a) all windows and doors are closed; b) the handbrake is engaged; e) all documents, manuals and accessories are in order and in their original position; f) the vehicle is clean and free of litter. Failure to comply with these obligations will result in the charge of penalties. Once the “terminate rental” option is selected, the doors lock automatically after the last door is closed. At the end of each Rental, the Customer receives a communication containing a summary of the use of the vehicle, such as: rental minutes, km traveled, any vouchers used, total amount charged. In the event of an anomaly during the Release procedure or failure to receive the aforementioned email communication, the Customer is required to immediately contact Customer Service.

 

 

5.6 Cleaning vehicles and finding objects

The Customer is obliged to leave the vehicle used clean. The Manager reserves the right to charge a penalty for extraordinary cleaning to the customer who last used the vehicle. The discovery of abandoned objects inside the vehicle must be reported to the Customer Service which will provide all the information necessary to allow the recovery of the same by the Manager.

 

 

6 Rates, payment and billing

 

 

6.1 Rates

The Customer declares to be aware of the rates regulated by the General Contract Conditions.

 

 

6.2 Payment

The credit card or prepaid card, where permitted, registered by the Customer in his / her profile is the normal payment method provided for the Service. The total amount due for the Rental is charged at the end of the same. In the event of a prolonged rental and / or outside the Coverage Area, the Manager reserves the right to periodically charge the total amount accrued and / or debit amounts determined in advance according to the provisions of the General Contract Conditions. At the end of the Rental, the amount actually accrued and due by the Customer for the Rental will be charged. At the time of a charge of the rental fee both at the end and during the same (excluding any “Outside City Coverage Area” Charges), the system automatically calculates the total amount to be charged by deducting any Vouchers available to the Customer. For Customers in possession of a Foreign Driving License, the Manager, at the time of booking the vehicle, will charge the aforementioned Customer in advance the amount provided for in the General Contract Conditions. This advance charge will be fully or partially offset against the total amount actually due for the Rental and for any Additional Booking Minutes. In case of negative outcome of the advance charge, the reservation will be automatically canceled.

 

 

6.3 Invoicing

The monthly invoice will detail the debits and / or credits made during the month, specifying the relative uses and any additional costs (for example penalties). The invoice is issued in electronic format and can be downloaded from the Customer profile / sent by email.

 

 

7 Vehicle malfunction

a) Malfunction or vehicle block, with vehicle parked in a space where release is permitted pursuant to paragraph 5.4: The Customer is required to call the Manager to describe the problem and provide the exact address where the vehicle is parked. After exiting the vehicle, the Customer is free to leave.

b) Malfunction or vehicle block, during use outside the City Coverage Area or with the vehicle parked outside the permitted spaces where the release of the vehicle is permitted pursuant to paragraph 5.4. The Customer is required to call the Manager to describe the problem and provide the exact address where it is located. An operator from the Manager will be sent to the site. The Customer is required to remain on site until the operator arrives.

 

 

8 Claims

In the event of an accident while using the vehicle, the Customer is required to call the Manager immediately describing the type of accident, damage to the vehicle and providing the exact address where it is located.

The Manager can send an operator on site. In this case, the Customer, if he does not have to receive medical treatment, is required to remain on site at least until the operator arrives. The Customer is required to follow all the instructions received by telephone from the Manager and / or on the spot by the operator. Failure to comply with these instructions may result in the application of penalties. The Customer must deliver to the operator himself any CID forms completed at the time of the accident and any reports issued by the intervening authorities (Brigade, Police, and other competent authorities). If the operator’s intervention is not possible, the Customer must send the CID forms and any reports within 5 calendar days of the accident by one of the following methods: i. by e-mail to the e-mail address servizioclienti@sharbie.com ii. uploading the photos of the documents directly on the App using the appropriate function In the absence of the operator’s intervention, except for the foregoing, the Customer must in any case leave the first original sheet of the CID in the glovebox inside the passenger compartment of the Vehicle. If the vehicle is no longer usable and it is outside the City Coverage Area, the Customer may use the service described in paragraph 7.b.2. If the vehicle is able to circulate regularly and the Customer wishes, under his own responsibility, to reach the desired destination in any case, the Customer must request explicit authorization from the Manager to keep the vehicle in use.

 

 

9 Theft, Robbery, Vandalism

In the event of theft, robbery, or vandalism against the vehicle during use by a customer, the customer is required to immediately contact the manager providing the place where he is and describing what happened. Customer Service can send an operator on site. In this case, the Customer is required to remain on site until the operator arrives. The Customer, with the support of the operator, must go to the competent authorities to file a complaint. The Customer, after having filed a complaint, provided all the documentation and information requested by the operator sent to the site, is free to leave. If it is not possible to send an operator on site, the Customer must autonomously fulfill the requirements set out in the General Contract Conditions. If the vehicle is outside the City Coverage Area, the Customer may use the service described in paragraph 7.b.2. In general, all reports on possible thefts, vandalism or illegal behavior against vehicles not in use by the Customer are appreciated. The Customer can contact the Manager for this type of report and is not required to stay on the spot.

 

 

10 Accessories made available by the Manager

The Manager may make available to Customers on all or some vehicles of the Service courtesy accessories which may be, by way of example, battery chargers for mobile phones, etc. (“Accessories”). The Customer who decides to use the Accessories will do so under his own sole responsibility and scrupulously following the instructions on the correct use of the Accessories that the Manager will provide with dedicated communications and / or with special brochures in the vehicles in which they are present. Should the Customer find malfunctions, impossibility of installation and use, dirt of the Accessories and cannot use them, he must immediately notify the Manager.

The Customer, after having read these Regulations, declares, pursuant to and for the purposes of art. 1341 of the civil code, to fully accept and specifically approve the clauses referred to in articles: Article 1 (Introduction to the Service); Article 3.2 (Booking and access to the vehicle); Article 5.1 (Rules of Conduct in the Use of Vehicles); Article 5.4 (Parking); Article 5.5. (Release Procedure); Article 8 (Claims)