General terms and conditions for passengers ("GTC-P") - Italy - Ncc.it

General terms and conditions for passengers (“GTC-P”) – Italy

Ncc.it Srl Roma Via Maretto,24 cap 00166 P.Iva 16313861003 – C.F. 16313861003 N Rea RM- 1648473

Premise

These terms and conditions govern the use by passengers and users (hereinafter the “User” or “Users”) of the software of Ncc.it. This software consists of a technology platform for mobile devices (Application) that allows Users to reach a destination using one of the services indicated in it such as the public transport service, not scheduled, of people Rental with driver (service offered through licensed drivers, consortia, cooperatives of production and work, hereinafter Ncc” or drivers or charterers/s”)The User accepts the terms and conditions as described from registration, also valid for the subsequent access/s and uses of the software, from then on.

The contract is currently concluded only in Italian. The English version is a non-binding translation of the Italian text. The terms and conditions govern 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.

General terms and conditions for using the Ncc.it app for passengers

A.I. Services Ncc.it

(1) Before using the services of Ncc.it, the User must register with NCC.IT, providing truthful and accurate information during registration (such as name and surname, telephone number and a valid e-mail address) and choosing a secure password. Only then can the User use the software and services of NCC.IT, according to these terms and conditions and applicable laws.

(2) The User has the responsibility to meet all the requirements for the use of the services accessible through the NCC.IT software, according to the relevant terms and regulations respectively applicable. 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 (hereinafter referred to as “App”) for Internet-enabled mobile devices, such as smartphones, tablets, PCs (hereinafter referred to as “Devices” or the “Device”). NCC.IT does not charge the User any fee for the use of the NCC.IT Services, unless otherwise agreed and/or prescribed in these GTC-P (e.g. resolution fees, cf. 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 rates. These changes will take effect when the User accepts the new version of the GTC-P in the App or after sending to the User the new version of the GTC-P by e-mail follows the User’s acceptance of the new version of the GTC-P. If the User does not agree with the changes introduced, may 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 via NCC.IT, which transmits the request to potential drivers. To this end, the current location of the User is identified and transmitted to the driver. Once the driver has accepted the User’s request, the User’s identification data (such as his name, surname and telephone number) will be transmitted to him. For the purpose of carrying out the service, the User can also contact directly the driver 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 the internet access, for the choice of a Device equipped with the technical requirements necessary for the configuration and the capabilities of the Device so that the App can be used and for the updating of the necessary software.

(6) The use of the App for features is free of charge for the User, except for the costs related to the use of the Mobile Device (such as connection costs), the cost of services provided by third parties (The rental service with driver) and unless otherwise expressly agreed with the User in these terms and conditions.

The User does not pay NCC.IT any fee for the booking of the car, unless there has been a different agreement between NCC.IT and the User, without prejudice to the compensation due to the driver for the journey.

(7) When the User calls a rental with driver through the NCC.IT App, NCC.IT forwards the request to the potential contractual parts of the User, that is to say to the rental partners or members of the cooperative Ncc.it. 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 contract of carriage or to any rental contract between NCC.IT and the User.

Any claim arising from rides booked through NCC.IT relates exclusively to the relationship between the driver and the User.

Any transport service that is outside the activity of intermediation of NCC.IT will be agreed directly between the User and the driver, not assuming NCC.IT, therefore, no responsibility for the services of third parties in favor of users; this also with reference to the relative billing for the provided service.

(8) The services carried out thanks to Ncc.it can also be requested and invoiced as business trips (“Corporate Racing”), in accordance with the NCC.IT conditions for business accounts, the content of which is entirely referred to. If a User books a corporate service using the 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 with the use of the NCC.IT app for passengers will be transmitted to the contracting party authorized by the User for the company services for the processing and billing of services (“Billing data”). If the User charges a service as a corporate service, the User’s employer will be provided with the relevant billing data, in particular name and surname, e-mail address, cost of the ride, time and point of departure and arrival of the ride. This data will be transmitted to the holder of the Business Account to the extent necessary for the billing of the costs of the company journey.

(9) If a User is authorized, through a Business Account, to charge the Rental with driver services made for business reasons to his employer, he shall communicate information relating to the private or business nature of a service from which he has benefited. NCC.IT is not held and is not technically able to determine whether the User’s travel is private or corporate.

(10) NCC.IT is not responsible for the 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, services of a corporate nature.

A.II. Availability , change and termination of service

(1) NCC.IT does not guarantee the constant and uninterrupted availability of the services referred to in the App, while ensuring the full and total willingness to do everything within its competence, with promptness and diligence, so that the User can enjoy the services requested, also with reference to the resolution of any malfunctions of the App. Therefore, the User, in any case, can not claim any rights against NCC.IT.

(2) In addition, NCC.IT has the right to temporarily suspend 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 ways that are reasonable for the User, 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 a chauffeur service after the booking has been accepted by the driver, it is possible that a fee from NCC.IT will be charged to the User for the requested service. For more information on the cancellation policy click on the following link.

A.IV. Liability

(1) NCC.IT is not responsible for the correct and complete transmission of the information or for the fact that they reach the User in good time.

(2) For damages suffered by the User due to the use of the App, NCC.IT is responsible only if such damages are due to intent or gross negligence of NCC.IT. In particular, in the event that the damage occurred due to the incorrect, incomplete or delayed transmission of information, or due to unavailability or malfunction of the App, NCC.IT must be held liable only in the event that such damages were caused with intent or gross negligence.

(3) In other cases NCC.IT will be responsible only and exclusively for its violations of essential contractual obligations and only for typical, reasonable and foreseeable damages. Essential contractual obligations are those whose fulfillment allows the contract to be correctly executed and on which the User has the right to rely.

(4) No limitation of liability for NCC.IT in cases where fatal injuries or damage to health occur and in any case in all cases where a rule is in force to guarantee the rights of the User.

(5) The services of NCC.IT are aimed exclusively at those over 18 years. Minors can use the services NCC.IT only if authorized by parents or by the handlers parental authority, subject to municipal regulations.

(6) In the event that the App or the transmission of data deteriorates or damages the software or hardware of the user, NCC.IT can be held responsible only if this was caused with intent or gross negligence of NCC.IT. NCC.IT is not responsible for the loss of data, being the User the only person responsible for the back up of their data.

(7) The User acknowledges that is excluded in any case any liability of NCC.IT for the services sub A.I.4 and A.I.5 respectively rendered to the User by the driver/ associative body.

In particular, NCC.IT is not responsible for the use of the services sub A.I.4 and A.I.5. Any use of these services in a way that violates the terms of the contract or the 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 arising from, the use of the services or the penalties that may be applied as a result of infringements of law.

(8) NCC.IT will not incur any liability if 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 on 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 veracity , the completeness and updating of the data and information provided, as well as their suitability to meet the requirements in order to benefit from the functionalities of the App and the services accessible through it.

A.V. General User Conditions

(1) The user is always obliged to provide in a truthful and complete way their personal information necessary for the use of the services accessible through the NCC.IT App, as required during the registration process and in accordance with these general terms and conditions, the privacy policies of NCC.IT, as well as the general terms and conditions and privacy notices provided by the third party providers of the services respectively for the functionalities sub A.I.4 and A.I.5.

The User is also obliged to keep this information up to date.

(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 put at risk 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 to the software remain with NCC.IT. Software provided to you must not be copied, modified, redesigned, decoded or distributed.

(4) The User must keep their usernames and passwords safe, not divulging them to third parties and not allowing them access to the App. He is solely 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 obliged to inform NCC.IT of any loss, theft or misuse of his password, his smartphone or other device on which he uses NCC.IT or any other unauthorized use of his account, passwords or other personally identifiable items.

A.VI. Responsibility for content

(1) The responsibility for the content published and transmitted through the service NCC.IT, the website of NCC.IT or any social network used by NCC.IT (by way of example and not exhaustive Instagram and Facebook) falls exclusively on the User who publishes the content. This User is obliged to comply with the applicable legal provisions in this regard (by way of example and not exhaustive: truthful news, not contrary to the law, not offensive and defamatory), in accordance with morality and decorum.

(2) NCC.IT has the right to remove any published material that does not comply with these rules.

Payment terms and conditions

This Part regulates how 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 ways in which the Users of NCC.IT pay the rates for transport due to the driver or, where appropriate, to the relevant association (e.g. consortium or cooperative), up to a maximum amount indicated by NCC.IT to the user before the start of the ride.

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 non-cash payment methods through the NCC.IT App to pay for the services made, using one of the means of payment made available (such as credit card). The amount for a ride “App” and the amount for the first ride “App” are indicated on the website of NCC.IT, in the app NCC.IT or by other means.

(2) When indicating an electronic payment method, the User may be required to select a personal identifier (such as a PIN or password) for managing payments and authorisations for App rides. In addition, the User acknowledges and agrees that

during the registration of a payment method (e.g. credit card), when ordering a trip or when paying via the app, the User may be required to make an additional authentication of his identity ;
this authentication can be processed with different methods (e.g. OTP, password, biometric authentication) and depends on the agreement of each User with their bank, payment service provider and/or credit card network (e.g. Visa, MasterCard, American Express);
NCC.IT reserves the right to request such authentication from the User’s bank or 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 its payment service provider, which will be transferred to the User’s bank or payment service provider.

In addition to the above, NCC.IT reserves the right to process a payment request at any time after a charge is due and payable to NCC.IT in accordance with these Terms and Conditions (for example, cancellation fees, late payments, debt settlement or other charges) without requiring any additional authentication by 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, non-application or failure to comply with any of these processes in any specific case and (ii) the terms of this clause B.II.(3) do not affect or reduce Users’ obligations towards NCC.IT pursuant to these Terms and Conditions.

(4) The User is free to choose between 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. For each service the User can choose any of the payment methods he has saved in the App at the time of payment.

With exclusive reference to the sub A.I.4 service relating to the reservation of services, the User is given the right to disable the payment method “App” for the use of the service NCC.IT. 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 is true and accepts the terms and conditions for App.

(6) If the user selects PayPal as payment method, the User pays to the NCC.IT the final amount that 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 to the current account) or a deferred debit (payment by credit card) exclusively between the User and PayPal. In accordance with PayPal’s terms and conditions of use, you may be charged an additional fee for using PayPal’s service. In order to use the PayPal payment service against NCC.IT, the user must create a PayPal account with PayPal itself and confirm at the time of payment that the payment method against NCC.IT will be PayPal at the time of payment. In accordance with the terms and conditions of use of PayPal, PayPal expressly reserves the right to charge the payment amount due to the User’s PayPal account at the time of payment in amounts of different amounts.

B.III. Your contractual obligations and payment

(1) For the use of the service sub A.I.4 related to the booking of rental services with driver the user can freely choose the method of payment between cash payment or App.

(2) With reference to the service of rental services with driver sub A.I.4 if the User chooses to pay through the App, he must pay the gross amount of the shipping fee and possibly the desired tip at the end of the ride 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 waives the receipt in paper format and consents to the invoice for the service being sent by email to the address provided to NCC.IT.

(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 functions App for the User permanently or temporarily or to ask the User to define a new password, PIN or other personal identifier, if there are reasonable grounds for such action or if there is a suspicion that the User’s account or personal identifier has been used fraudulently or without permission. In such cases, NCC.IT undertakes to inform the User that his account or the additional function App have been blocked, also indicating the main reasons for such action, if legally allowed, and if possible before the block, but at the latest immediately after the blockade.

B.IV. Conditions for using vouchers/vouchers/codes via App

Subject to the application of terms related to specific promotional campaigns of NCC.IT apply the following conditions for the use of vouchers:

(1) The registered User can only use the promotional code if he uses the App service as a payment method.

(2) The promotional code is valid for a single journey or a single rental contract is can be used only once by each User, account, phone number and email address during the relevant period of the duration of the promotion specified in the promotional code. Once the code is used within the App, the promotional code and any remaining value of the same expires. Codes which are not used during the duration of the promotion shall be extinguished without any compensation being due. Promotional codes or the balance of a voucher are not convertible into cash. In the event that it was not possible to use the codes due to technical errors, there will still be no payment of their amount.

(3) If the code is a code for the first payment through 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 the User has not used the promotion in his first paid journey with the App, he will not be able to benefit from the code for the first payment via 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 promo code can only be redeemed in cars registered for the App service and only in participating cities where App is available.

(6) Promo codes may not be combined with other offers, promotions, coupons or discounts. The codes have no monetary value, are non-transferable or alienable and can only be used once. The loss of the promotional code does not entitle you to any replacement.

(7) In the case of unauthorized use of promotional codes or vouchers, NCC.IT may block the User’s account. In addition, in the event of fraud, attempted fraud or suspicion of other illegal activities related to promotional codes or the exchange of the same, NCC.IT may block or delete the corresponding Users accounts. NCC.IT will have the right to reimbursement 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 activity of intermediation of NCC.IT will be agreed directly between the User and the driver not assuming NCC.IT, therefore, no responsibility for the services of third parties in favor of users; this also with reference to the relative billing for the provided service.

B.V Purchase vouchers and payment terms

Any complaints must be sent by written communication by registered letter with acknowledgement of receipt or by e-mail to [email protected] (1) Unlawful use

In case of unlawful use of the voucher and/ or the account linked to it, NCC.IT reserves the right to delete customer data. NCC.IT also reserves the right to delete customer data even in case of fraud, attempted falsification or suspicion of illegal activities related to a voucher or the collection of a voucher. No right will be granted to the activation or collection of vouchers affected by such illegal activities.

B.VI. Liability

(1) If the User decides to pay via the App, he must ensure that the debit account has sufficient funds. If the bank account does not have sufficient coverage, any charges or costs incurred by NCC.IT due to the insufficient presence of funds (such as costs related to the recovery of credit, fees and/ or costs incurred) will be borne by the User.

(2) NCC.IT assumes no responsibility with regard to the cashless payment process, especially if made by credit card and PayPal. In the event of incorrect bookings or errors 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 be entitled to apply a penalty equal to twice the cost of the journey not paid and will also be entitled to claim compensation for the greater damage suffered due to insolvency if the same are substantial and documentable.

Common final provisions

C.I. If any provision of these Terms and Conditions is, or becomes, invalid or unenforceable, or presents a deficiency or deficiency, 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 out of or related to these Terms and Conditions or arising therefrom, the Court of the place of residence or of the domicile elected by the user in the Italian territory will have exclusive jurisdiction. In all other cases the courts of Rome shall 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 successive interruptions in the equivalence of essential contractual obligations,
for adaptation to regulatory or technical changes, or
if this is not detrimental to the User, especially in the case of changes that do not create damage or prejudice to the same.

C.V. NCC.IT will inform the User of any changes and/or additions that it will make to these contractual conditions, taking all appropriate measures to notify the User (provision of suitable graphics for the event of adhesion by flag, through which the changes will be considered accepted). The User may freely choose not to continue the contractual relationship by not signing the relevant space (flag).

C.VI. If you have any questions, questions or problems, please contact NCC.IT through customer support. Contact details will be available via the app or on the website.

C.VII. The European Commission provides an online dispute resolution platform, available at:

ec.europa.eu/consumers/odr/

The User is aware that NCC.IT is not obliged to participate in the dispute resolution procedures before a consumer arbitration body.

C.VIII. Terms, Resolutions, Duration and Termination

(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. Please note that the termination of the contract simultaneously interrupts the use of App and any other service associated with the App.

(2) If the User qualifies as a consumer, it has the right to terminate the contractual relationship with NCC.IT without specifying the reason within the period of 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 mail to/r at the following address: Via Maretto,24/26 Roma 00166 or by sending a written communication by e-mail to [email protected] Upon receipt by NCC.IT of the aforementioned communication, the parties are released from their respective obligations arising from the contract. The right of withdrawal cannot be exercised in respect of services already performed by NCC.IT.

Explicit consent pursuant to articles 1341 and 1342 of the Civil Code

After reviewing these Terms and Conditions, the user declares, pursuant to articles 1341 and 1342 of the Civil Code, to accept in full and to approve specifically the clauses contained in the following sections:

General terms and conditions for using the NCC.IT app for passengers A.I. Services NCC.IT (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13); A.II. Availability , change and termination of service (3); A.III. Conditions for cancellation of the ride; A.IV. Liability ; A.V. General User Conditions; A.VI. Responsibility for the contents.
Terms and conditions of payment B.III. Contractual obligations of the User and payment; B.VI. Liability .
Common final provisions.

Last revision: October 2020