General terms and conditions ("GTC-P") - Italy
Ncc.it Società Cooperativa Roma Via Maretto,24/26 postal code 00166 VAT number 14915191002
These terms and conditions govern the use by passengers and users ("User" or "Users") of the Ncc.it Software. This software consists of a technological platform for mobile devices (Application) that allows Users to reach a destination by taking advantage of one of the services indicated such as Rental with driver service (service offered by licensed drivers, consortium members, production and labor cooperatives, hereinafter referred to as "Ncc" or drivers) The User accepts the terms and conditions as described starting from registration, also valid for subsequent access (s) and use of the software, from that moment.
The contract is stipulated only in Italian. The English version is a non-binding translation of the Italian text. The terms and conditions govern only the relationship between the User and Ncc.it. The applicable terms and conditions can be viewed within the Ncc.it software on the User's device or on the Ncc.it website.
A. General terms and conditions for the use of the Ncc.it app for passengers
A.I. Ncc.it Services
(1) Before using the services of Ncc.it, the User must sign in with NCC.IT, providing true and accurate information during registration (name and surname, telephone number and a valid e-mail address ) and choosing a secure password. Only then the User can use the NCC.IT software and services, based on these terms and conditions and applicable laws.
(2) The User is responsible for all the requirements for the use of the services accessible through the NCC.IT software, according to the relevant terms and the respectively applicable regulations. By accessing and using NCC.IT, the User declares and guarantees to have the ability and the right to conclude this agreement and to use the services offered through the application.
(3)NCC.IT provides the User with the NCC.IT software ("App") for mobile devices available using an internet connection, such as smartphones, tablets, PCs (hereinafter referred to as "Devices" or individually the "Device") . NCC.IT does not charge the User any costs for the use of NCC.IT Services, unless otherwise agreed and/or prescribed in these GTC-P (eg. Resolution fees, see A.V.). NCC.IT reserves the right to establish, remove and/or revise the rates for one or all of the services obtained through the use of the NCC.IT Services at any time. NCC.IT will inform the User of any changes regarding the rates. These changes will come into force when the User accepts the new version of GTC-P in the App or following the sending to the User of the new version of the GTC-P by e-mail, following the acceptance by the User of the new version of the GTC-P. If the User does not agree with the changes introduced, he can terminate the contract concluded with NCC.IT with immediate effect.
(4) The App allows the User to use the services of NCC.IT, where available, and call a rental car with driver through NCC.IT, which transmits the request to potential drivers. To this end, the User's current position is identified and transmitted to the driver. Once the driver has accepted the User's request, the User's identification data (for example his name, surname and telephone number) will be sent to him. For the purposes of providing the service, the User can also contact the driver directly who accepts his call through NCC.IT.
(5) The services provided by the App do not include the necessary internet connection. The User is responsible, at his own expense, for accessing the internet, for choosing a Device with the technical requirements for the configuration and capabilities of the Device so that the App can be used and for updating the necessary software.
(6)The use of the App for functionalities is free for the User, with the exception of the costs related to the use of the Mobile Device (such as connection costs), the cost of the services provided by third parties (The rental service with driver) and except as otherwise expressly agreed with the User in these terms and conditions.
The User does not pay NCC.IT any fee for booking the car, unless there has been a different agreement between NCC.IT and the User, without prejudice to the fee due to the driver for the ride.
(7) When the User calls a rental with driver via the NCC.IT App, NCC.IT forwards the request to the potential contractual parties of the User, that is to the renters partners or to the members of the Ncc.it cooperative. The App only provides an intermediary service and does not provide other services. In particular, the use of the App does not give rise to any transport contract or to any rental agreement between NCC.IT and the User.
Any claim arising from the rides booked through NCC.IT relates exclusively to the relationship between the driver and the User.
Any transport service that is outside the intermediation activity of NCC.IT will be agreed directly between the User and the driver, NCC.IT is not no responsible for the services of third parties; this also with reference to the relative invoicing for the service provided.
(8) The services carried out thanks to Ncc.it can also be requested and invoiced as business trips ("Business trips"), in compliance with the NCC.IT conditions for business accounts, the content of which is fully referred to. If a User books a corporate service using NCC.IT App for passengers, or if at the end of a service the User decides to pay for it as a business trip using a Business Account, the personal data collected by NCC.IT will be transmitted to the contracting party authorized by the User for company services for the processing and billing of services ("Billing data"). If the User charges for a service as a business service, the relevant data for billing will be transmitted to the User's employer, in particular name and surname, e-mail address, cost of the journey, time and point of departure and arrival of the running. These data will be transmitted to the Business Account holder to the extent necessary for billing the costs of the company travel.
(9) If a User is authorized, through a Business Account, to charge his employer for rental services with driver for business reasons, he is required to communicate information relating to the private or corporate service he has used. NCC.IT is not required and is not able to determine if the service is private or business.
(10)NCC.IT is not responsible for expenses, costs or damages caused by the User who, through a Business Account, falsely declares that the service is corporate rather than private, even if the contracting party has granted the possibility to charge, to the same, business services.
A.II. Availability, modification and ending of service
(1) NCC.IT does not guarantee the constant and uninterrupted availability of the services referred to in the App, while ensuring full and total availability to do everything within its competence, promptly and diligently, so that the User can use the services requested, also with reference the resolution of any malfunctions of the App. Therefore the User, in any case, will not be able to claim any rights towards NCC.IT.
(2) Furthermore, NCC.IT has the right to temporarily suspend the services without the obligation but with the commitment to inform individual users.
(3) NCC.IT reserves the right to modify the App at any time, in order to improve the App and make qualitative improvements, as well as to stop offering the services provided through the App.
A.III. Conditions for the cancellation of the rental service with driver
(1) In case of cancellation of an NCC service after the reservation has been accepted by the driver, it is possible that NCC.IT will charge the User for the requested service. For more information on the cancellation policy click on the following link.
(1)NCC.IT is not responsible for the correct and complete transmission of information or for the fact that it reaches the User in good time.
(2) For damages suffered by the User due to the use of the App, NCC.IT is liable only in the event that such damages are due to willful misconduct or gross negligence of NCC.IT. In particular, in the event that damages have occurred due to the incorrectness, incompleteness or delay in the transmission of information, or due to the unavailability or malfunction of the App, NCC.IT must be held liable only in the event that such damages have been caused with intent or gross negligence.
(3) In other cases NCC.IT will be responsible only and exclusively for its own violations of essential contractual obligations and only for typical, reasonable and foreseeable damages. Essential contractual obligations are defined as those whose fulfillment allows the contract to be properly executed and on which the User generally has the right to rely.
(4) Limitations of liability are not applicable for NCC.IT in cases where there are fatal injuries or damage to health and in any case in all cases in which a regulation is in force to guarantee the User's rights.
(5) The services of NCC.IT are aimed exclusively to people over 18 years of age. Minors can use the NCC.IT services only if authorized by their parents or by those exercising parental authority, without prejudice to the municipal regulations of competence.
(6) In the event that the App or the transmission of data deteriorates or damages the user's software or hardware, NCC.IT can only be held liable if this was caused with intent or gross negligence by NCC.IT . NCC.IT is not responsible for data loss, as the User is the only person responsible for backing up their data.
(7) The User acknowledges that any liability of NCC.IT for the services sub A.I.4 and A.I.5 respectively provided to the User by the driver / association body is excluded in any case.
In particular, NCC.IT is not responsible for the use of the services under A.I.4 and A.I.5. Any use of the aforementioned services in a manner that violates contractual terms or applicable regulations is prohibited. NCC.IT will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, loss of data, personal injury, or damage to property, in connection with or in connection with or otherwise deriving from the use of the services or the sanctions that may be applied due to violations of the law.
(8) NCC.IT will not incur any liability in the event that it ceases to provide all or part of its services, temporarily or permanently.
(9) NCC.IT is not responsible for third-party content and links to third-party websites that have been uploaded to the NCC.IT website or in the App.
(10) NCC.IT declines all responsibility for the completeness and updating of the data and information provided by Users who remain solely responsible for the truthfulness, completeness and updating of the data and information provided as well as their suitability to satisfy the prescribed requirements in order to use the functionality of the App and the services accessible through it.
(11) The services are provided "as is" and "as available". NCC.IT excludes all representations and warranties not expressly stated in these terms. NCC.IT in particular does not issue any declaration, guarantee or assurance regarding the reliability, timeliness̀, qualitỳ, suitabilitỳ or availabilitỳ of the services, or the services or goods requested through the App. Nor does NCC.IT provide any guarantee that the services will be uninterrupted or error-free. NCC.IT does not guarantee the quality, adequacy, safety or capacity of third party service providers (in particular the drivers).
The User acknowledges that the entire risk deriving from his use of the services, and of any service or good requested in connection with them, remains exclusively his responsibility, to the extent that this is permitted by applicable law.
A.V. General conditions for the User
The User is also obliged to keep this information updated.
(2) The user must also use the NCC.IT App so as not to compromise, overload or damage the latter and so as not to jeopardize or circumvent the purposes of the App. The User must neither personally nor using third parties circumvent or modify the security measures of the App.
(3) All rights on the software remain with NCC.IT. The software provided to the user must not be copied, modified, redesigned, decoded or distributed.
(4) The User must keep their username and password safe, not disclosing them to third parties and not allowing the latter to access the App. He is the only responsible for the confidentiality and security of his account. Any unauthorized use by third parties must be immediately communicated to NCC.IT. In particular, the User is required to inform NCC.IT of any loss, theft or improper use of his password, smartphone or other device on which he uses NCC.IT or any other unauthorized use of his account, password or other personally identifiable items. If the User suspects that one of the aforementioned hypotheses has occurred, he must immediately notify NCC.IT of the incident using the following references: [email protected]
(5) If the User has committed an infringement, the latter is required to indemnify and hold NCC.IT harmless from any liability towards third parties, as well as from the costs of an appropriate legal defense. In case of violation of what has been agreed with NCC.IT, the User is also required to compensate for the damages suffered by NCC.IT.
(6) The User undertakes to inform NCC.IT promptly and accurately in the event that third parties make claims against NCC.IT for violations committed by the User, with reference to the information necessary to evaluate the claims and prepare the due defenses; otherwise the User indemnifies NCC.IT from any liability from now on.
(7) The User cannot store, use or otherwise process the personal data of third parties involved for purposes other than the provision of the service under these terms and conditions and he cannot transfer them to non-involved third parties unless the involved party has given your consent.
(8) The User is obliged to use the services accessible through the App in compliance with the respective conditions and contractual terms as well as in compliance with the sector legislation and applicable local regulations.
A.VI. Liability for content
(1) The responsibility for the contents published and transmitted through the NCC.IT service, the NCC.IT website or any social network used by NCC.IT (by way of example and not limited to Instagram and Facebook) falls exclusively on the User who publishes the contents. This User is required to comply with the applicable legal provisions in this regard (by way of example and not limited to: truthful information, not contrary to the law, not offensive and defamatory), also in compliance with morality and decency.
(2) NCC.IT has the right to remove any published material that does not comply with the above rules.
B. Payment terms and conditions
This Part regulates the methods by which NCC.IT Users pay the fees for the services used through the use of the App.
In particular, the clauses referred to in this Part govern the methods by which NCC.IT Users pay the transport rates due to the driver or, where appropriate, to the relative association body (eg consortium or cooperative ), up to a maximum amount indicated by NCC.IT to the user before the start of the race.
B.I Payment by cash
The user can pay for the rental service with driver in cash, without using the payment system via NCC.IT
B.II. Payment via app ("App")
(1) Pursuant to these General Terms and Conditions, NCC.IT allows Users to use payment methods other than cash through the NCC.IT App to pay for the services performed, using one of the payment methods made available (such as your credit card). The amount for an "App" ride and the amount for the first "App" ride are indicated on the NCC.IT website, in the NCC.IT App or by other means.
(2) When indicating an electronic payment method, the User may be required to select a personal identification element (such as a PIN or password) for the management of payments and authorizations for App rides. In addition , the User acknowledges and agrees that
• when registering a payment method (e.g. credit card), when ordering a trip or when paying via the app, the User may be required to further authenticate their identity;
• this authentication can be processed with different methods (eg. OTP, password, biometric authentication) and depends on the agreement of each User with their bank, payment service provider and / or credit card network (eg Visa , MasterCard, American Express);
• NCC.IT reserves the right to request such authentication from the User's bank or the User's payment service provider, in order to ensure a high level of security;
• during this authentication process, NCC.IT reserves the right to share additional information about the User with the relevant payment service provider, which will be transferred to the User's bank or payment service provider.
In addition, NCC.IT reserves the right to process a payment request at any time after a charge is due in accordance with these Terms and Conditions (for example, cancellation fees, payments delayed, debt settlement or other charges) without requiring any further authentication from the User described above.
The User acknowledges that the terms of this clause B.II. (3) are provided for the purpose of informing the User about the processing of payments. Consequently,
(i) NCC.IT will have no liability to the User for the application, failure to apply or the failure to complete any of these processes in any specific case and
(ii) the terms of the this clause B.II. (3) do not affect or reduce the obligations of the Users towards NCC.IT pursuant to these Terms and Conditions.
(4) The User is free to choose from the payment methods made available for payments through the App. The User can modify, adapt or remove these payment methods, other than cash, through the NCC.IT App. For each service used, the User can choose any of the payment methods that he has saved in the App at the time of payment.
With exclusive reference to the sub A.I.4 service relating to the booking of services, the User is given the right to disable the "App" payment method for using the NCC.IT service. This does not preclude the use of the service with payment by cash or other permitted methods.
(5) The User confirms that the data provided for payment are true and accepts the terms and conditions for the App.
(6) If the user selects PayPal as the payment method, the User pays NCC.IT the final amount he has selected during the payment process without his bank details being disclosed to NCC.IT. Payment is made through a direct debit (electronic debit on the current account) or a deferred debit (payment by credit card) exclusively between the User and PayPal. In accordance with the terms and conditions of use of PayPal, the User may be charged an additional fee for the use of the PayPal service. In order to be able to use the PayPal payment service towards NCC.IT, the user must create a PayPal account with PayPal itself and confirm at the time of payment that the method of payment will be PayPal. In accordance with the terms and conditions of use of PayPal, PayPal expressly reserves the right to charge the amount of the payment due to the User's PayPal account at the time of payment with an amount of different amounts̀.
B.III. User contractual obligations and payment
(1) For the use of the sub A.I.4 service relating to the booking of rental services with driver, the user can choose the payment method between paying with cash or App.
(2) With reference to the rental services with driver sub AI4, if the User chooses to pay through the App, he must pay the gross amount of the transport fare and possibly the desired tip at the end of the journey and hereby authorizes NCC.IT to deduct the amount due from the credit card, PayPal account or other means of payment.
(3) In any case, if the User chooses to pay through the App, he renounces the receipt in paper format and agrees that the invoice for the service is sent to him by email to the address provided to NCC.IT. < br>
(4) NCC.IT expressly reserves the right not to offer certain payment methods in individual cases or in general.
(5) NCC.IT expressly reserves the right to block the User's account or the additional App functions for the User permanently or temporarily or to ask the User to define a new password, PIN or other personal identification element, if there are well-founded reasons justifying such action or if there is a suspicion that the User's account or personal identification element has been used fraudulently or without authorization. In such cases, NCC.IT undertakes to inform the User that his account or the additional App function have been blocked, also indicating the main reasons for this action, if legally permitted, and if possible before the block, but at most late immediately after the lockout.
B.IV. Conditions for the use of vouchers / coupons / codes via the App
Without prejudice to the application of terms relating to specific NCC.IT promotional campaigns, the following conditions apply for the use of vouchers:
(1) The registered User can use the promotional code only if he uses the App service as a payment method.
(2) The promotional code is valid for a single ride or a single rental agreement and can be used only once by each User, account, telephone number and email address during the relevant promotion period specified in the promotional code. Once the code is used within the App, the promotional code and any residual value thereof expire. Codes that are not used during the promotional period expire without any compensation being due. Promotional codes or the balance of a voucher are not redeemable for cash. In the event that it has not been possible to use the codes due to technical errors, there will be no payment of their amount.
(3) If the code is a code for the first payment via the App, it can only be used once for each User and only the first time the User pays for a service using the App. If in his first journey paid with the App the User has not used the promotion, he will not be able to benefit from the code for the first payment through the App for any other route.
(4) It is necessary that, before requesting the service, the code has been entered correctly and that, at the time of payment, the User ensures that the aforementioned code has been accepted by the App.
(5) The promotional code can only be redeemed in vehicles registered for the App service and only in participating cities where the App is available.
(6) Promotional codes cannot be combined with any other offers, promotions, coupons or discounts. The codes have no monetary value, are non-transferable or alienable and can be used only once. The loss of the promotional code does not give the right to any replacement
(7) In the event of unauthorized use of promotional codes or vouchers, NCC.IT may block the User's account. Furthermore, in the event of fraud, attempted fraud or suspicion of other illegal activities relating to promotional codes or their exchange, NCC.IT may block or cancel the corresponding User accounts. NCC.IT will have the right to a refund of any value or service obtained fraudulently.
Any claim arising from the services booked through NCC.IT relates exclusively to the relationship between the driver and the User. Any transport service that is outside the intermediation activity of NCC.IT will be agreed directly between the User and the driver, not assuming NCC.IT, therefore, no responsibility for third party services in favor of users; this also with reference to the relative invoicing for the service provided.
B.V Purchase vouchers and payment conditions
Any complaints must be sent by written communication by registered letter with acknowledgment of receipt or by e-mail to [email protected]
(1) Illegal use
In case of illegal use of the voucher and/or the account connected to it, NCC.IT reserves the right to delete the customer's data. NCC.IT also reserves the right to delete customer data even in the event of fraud, attempted falsification or suspicion of illegal activities relating to a voucher or the redemption of a voucher. No rights to activate or redeem vouchers affected by the aforementioned illegal activities.
(1) If the User decides to pay using the App, he must ensure that the account where the debit will take place has sufficient funds. If the bank account does not have sufficient coverage, any charges or costs suffered by NCC.IT due to insufficient funds (such as costs relating to credit recovery activities, commissions and / or costs incurred) will be borne by the 'User.
(2) NCC.IT has no responsibility with reference to the cashless payment process, especially if made by debit by credit card and PayPal. In the event of incorrect bookings or made by mistake due to malfunctions in the payment process, the user must contact the payment service provider.
(3) If the User is insolvent about his payment with the payment option selected by him, NCC.IT will have the right to apply a penalty equal to double the cost of the unpaid journey and will also have the right to request compensation for the greater damages suffered due to insolvency if they are consistent and documentable.
(4) If the User culpably violates his special obligation to store and adequately protect his individual access credentials from unauthorized access by third parties, as described in these General Terms and Conditions (see AV) and if the violation of this obligation entails damage to NCC.IT, NCC.IT expressly reserves the right to claim against the User for such damage.
(5) The provisions on liability referred to in Section A.IV. remain unchanged.
C. Common final provisions
C.I. If a provision of these Terms and Conditions is or becomes invalid or unenforceable, or presents a lack, this does not affect the validity and effectiveness of the remaining provisions. The invalid or unenforceable provision must be replaced with a provision that conforms as much as possible to the economic purposes of these General Terms and Conditions.
C.II. These Terms and Conditions are governed by Italian law.
C.III. If the User qualifies as a consumer, for any dispute arising from these Terms and Conditions or connected to them or deriving from them, the Court of the place of residence or domicile elected by the user in the territory will have exclusive jurisdiction. In all other cases the court of Rome will have exclusive jurisdiction.
C.IV. NCC.IT reserves the right to modify these General Terms and Conditions to the extent necessary and in any way reasonable for the User:
• to eliminate subsequent interruptions in the equivalence of essential contractual obligations,
• for adaptation to regulatory changes or the technical context, or
• where this is not in any case harmful to the User, especially in the case of modifications that do not create damage or prejudice to the User.
C.V. NCC.IT will inform the User of any changes and/or additions that it will make to these contractual conditions, adopting all suitable measures to notify the User (preparation of suitable graphics for the manifestation of adhesion by means of a flag, through the which changes will be considered accepted). The User can freely choose not to continue the contractual relationship by not stamping the relative space (flag).
C.VI. If you have any issues, questions or problems, please contact NCC.IT through customer support. Contact details will be available through the app or on the website.
C.VII. The European Commission provides a platform for online dispute resolution, available at the link:
The User is aware that NCC.IT is not obliged to participate nor wishes to participate in dispute resolution procedures before a consumer arbitration body.
C.VIII.Terms, resolutions, duration and withdrawal
(1) The contractual relationship between the user and NCC.IT takes effect from the date of acceptance of the Terms and Conditions by the User for an indefinite period of time. Both parties have the right to terminate the contract at any time. In particular, NCC.IT reserves the right to terminate the contract if the User commits serious violations of contractual or legal obligations. It is specified that the termination of the contract simultaneously interrupts the use of the App and any other service associated with the App itself.
(2) If the User qualifies as a consumer, he has the right to withdraw from the contractual relationship with NCC.IT without specifying the reason within fourteen days from the day of acceptance of these Terms and Conditions. This right of withdrawal must be exercised by sending a written communication by registered letter with return receipt to the following address: Via Maretto, 24/26 Rome 00166 or by sending a written communication by e-mail to the address [email protected]
With the receipt by NCC.IT of the aforementioned communication, the parties are released from their respective obligations deriving from the contract. The right of withdrawal cannot be exercised in respect of the services already performed by NCC.IT.
(3) Without prejudice to the provisions of the previous point, both parties may in any case withdraw from the contract, with notice of fourteen days, by sending a written communication by registered letter with acknowledgment of receipt or by sending a written communication by e-mail to [email protected]
The right of withdrawal cannot be exercised in respect of the services already performed by NCC.IT.
(4) From the effective date of the withdrawal from the Contract, NCC.IT may:
• block the user's access to the App or their personal area and deactivate it; • disable any connection to the User's personal area;
• interrupt any service provided by NCC.IT to the User.
D. Explicit consent pursuant to articles 1341 and 1342 of the Civil Code
After examining these Terms and Conditions, the user declares, pursuant to articles 1341 and 1342 of the Civil Code, to fully accept and specifically approve the clauses listed in the following sections:
A. General terms and conditions for the use of the NCC.IT app for passengers
A.I. NCC.IT services (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13);
A.II. Availability, modification and termination of service (3);
A.III. Conditions for the cancellation of the race;
A.V. General conditions for the User;
A.VI. Liability for content.
B. Terms and conditions of payment
B.III. Contractual obligations of the User and payment;
C. Common final provisions.
Last revision: October 2020