Offer for Services of Carriage of Passengers by Car

I. General Principles

1. This Agreement is a public offer of Vince Group Srls (IT registration No.: 05130770291, REA-PD 445373, location: via Guizza 5/A, 35125, Padova, IT), hereinafter referred to as the Executer, for conclusion of an agreement with any person for carriage of such person and/or other passengers (persons) by car on conditions established hereby, hereinafter referred to as the Transfer Services.

2. Based on the provisions of this offer, the Transfer Services include a service of carriage by car:
of individuals, total number of which is marked by the Client in the booking order;
along a route specified by the Client in the booking request;
of a certain kind/class (comfort, economy etc.);
with application of additional equipment (for instance, a child safety seat);
on a day, month, at hours marked by the Client in the booking order.

2.1. Terms of passenger carriage selected by the Client, hereinafter referred to as the Transfer Terms, are significant terms of the Offer.

3. Completion and making of an order for booking of the Transfer using online booking service at the Executer’s web resource (navettaitalia.com) by a person, who needs the Transfer Service, hereinafter referred to as the Client, including payment for the services according to the offered variants, shall be considered to be a consent with the provisions hereof, which means full and unconditional acceptance by the Client of a service of transfer along the route and according to other conditions of a Transfer specified by the Client provided to the Client and/or other passengers (persons) according to the rules defined hereby.

4. This offer shall be deemed accepted in usual written form from the time of performance by the Client of all actions required for booking of the Transfer, which is confirmed by sending of a notice to the Client’s e-mail with information about the unique number and day of a month, based on which the Client’s application is numbered.

5. In fulfilment of obligations hereunder, the Executer performs actions itself, but for payment from and in favor of a third party, which performs passenger carriage by car itself according to the rules established herein.

5.1. A third party that fulfils obligations hereunder as a person who performs carriage of passengers by car is a carrier, which meets the requirements imposed on a carrier according to the provisions and schedule of work.

6. Provisions and rules of carriage of passengers by car, as well as the conditions set for a carrier and/or road vehicles are dictated by the laws of a country, in the territory of which the carriage service is provided, subject to the provisions hereof.

6.1. Claims concerning poor quality of the provided passenger carriage service, including claims for compensation of damage to the passengers’ life, health, property, must be raised against a carrier in a form established by the law of a country, where such service is rendered.

II. Transfer Provisions, Rules of Their Approval and Amendment

1. Significant terms of Transfer, which must be specified by the Client in the booking application:

1.1. addresses of departure and destination points for planning of a Transfer route. Address of departure/destination point means exact address. If departure/destination point is airport, this provision is approved when flight number is indicated in the application.

1.2. time of beginning of a Transfer, i.e. time, when a Carrier must arrive at the Client’s departure point specified in the order. Time of beginning of a Transfer is specified by the Client according to current time of departure point, i.e. local time;

1.3. total number of passengers;

1.4. name of the Client or one of the passengers, as well as e-mail and mobile phone number.

2. Upon completion of all actions necessary to book a Transfer through the form of online booking at the Executer’s Internet resource (navettaitalia.com), the service will automatically generate a message with the unique number and date defined for the Client’s application and e-mail it to the Client.

2.1. From the time of sending of a message with the unique number and date defined from the Client’s application, this application is recognized to have been accepted by the Executer and the Transfer is to be executed. The exception is a situation when the period before the time of Transfer specified in the application is less than 24 hours.

2.2. If the period from the time of sending of the message and the time of the beginning of Transfer is less than 24 hours, the application is recognized to be accepted by the Executer and the Transfer is subject to execution with a possibility of postponement.

2.3. In case of absence of notification with the contact details of a Carrier from the Executer at least 5 hours before the Transfer, the Transfer is not performed. Financial expenses are subject to a 100% refund.

3. If data filled in by the Client in the booking application do not allow to perform the Transfer or cause significant difficulties in performance, for instance, insufficiency or incorrectness of data on departure or destination points filled in, the Executer reserves a right to offer the Client to add or change certain provisions of the Transfer for clarify the terms of Transfer specified by the Executer by sending of a message to the Client’s e-mail.

3.1. If the Executer does not clarify the terms of Transfer within seventy-two (72) hours after sending of a relevant notice, subject to the terms hereof, the Executer has the right to refuse from fulfillment of booking order.

III. Transfer Rules

1. Subject to the provisions hereof, the Executer is obliged to ensure a carrier’s arrival in a car meeting the Transfer requirements specified in the booking application at the departure point by the Transfer start time.

1.1. If the point of departure is an airport or a railway station, waiting period, for which the cost of the service is not increased, is one (1) hour from the beginning of Transfer. In any other situation the price for waiting for passengers is set by a carrier, which is entitled to include the cost of parking at the departure point in it.

2. From the time of meeting of the passengers by a carrier at the departure point and beginning of Transfer subject to the terms of Transfer, the Executer’s obligations to the Client provided for hereby are deemed to have been performed.

3. If a carrier fails to appear at the departure point at the Transfer start time specified in the passenger itinerary receipt, the Transfer shall be deemed to have no been performed and the service shall be deemed to have not been rendered.

3.1. A carriers’ failure to appear is recognized to have been established, if the Client proves that the passengers were at the departure point (photo of the passengers at the hotel reception, if such hotel is the departure point and a clock with local time; or a photo of the passengers near the flight schedule and a clock with local time; as well as written confirmation of an employee (official) of a hotel, station, airport, river or sea port of the fact that at the time of the Transfer start the passengers were at the address specified in the Transfer provisions as the departure point; as well as possible other evidence that prove the passengers’ presence in a place specified as the departure point at the Transfer start time).

3.2. In case of a carrier’s failure to perform obligations due to a carrier’s failure to appear, a sum of money deposited by the Client as an advance payment (prepayment) shall be returned by the Executer within five (5) days from the date of making of the decision on the return. Term of crediting of money to the card owner’s account is determined by internal schedule and service speed of a bank that issued the card.

3.3. Besides return of the amount of money deposited by the Client as prepayment, the Executer shall reimburse the Client for damages, which, according to the agreement between the Client and the Executer, is a difference between the Client’s cost of the transfer performed by other carrier according to the same requirements as the Transfer requirements and the price of Transfer specified in the booking order.

3.4. The Executer shall fulfil a reimbursement obligation, if the Client submits a claim within fourteen (14) days according to the rules provided for hereby.

3.5. Refusal of the Principal from the application submitted by the Agent is the Principal’s violation hereof, which entails a liability described herein.

4. In the event the Transfer does meet the terms of the Transfer specified in the booking order (for instance, low class of a car, absence of a child safety seat etc.) under the agreement between the Client and the Executer, the Transfer is deemed to have been performed improperly.

4.1. An improper provision of the service entails the Executer’s obligation to recalculate the cost of the Transfer according to its actual performance and return the difference to the Client.

4.2. If the obligations were performed in an improper manner, the Client receives a difference between the cost of the Transfer established upon its completion and the price of the Transfer calculated according to the rules set forth herein. Return of the amount of money shall be performed by the Executer within 5 (five) days from the date of submission of a claim with the evidence by the Client. Term of crediting of money to the card owner’s account is determined by internal schedule and service speed of a bank that issued the card.

4.3. In case of a failure to perform obligations as a result of a carrier’s failure to appear, money provided by the Client as an advance payment (prepayment) shall be returned by the Executer within five (5) days from the date of approval of the decision about the return. Term of crediting of money to the card owner’s account is determined by internal schedule and service speed of a bank that issued the card.

5. In the event of absence of the passengers at the departure point at the time of the Transfer start, including passenger waiting time, obligations of the Client hereunder shall be deemed unfulfilled and the Client shall be obliged to reimburse the Executer for the loss arising from such non-fulfilment.

5.1. Losses, subject to the agreement between the Client and the Executer, are expenses of the Executer necessary for fulfilment of obligations hereunder, which include, for instance: payments made by the Executer to a carrier as a payment for booking of a car to perform the Transfer (security deposit etc.); payments made by the Executer to a carrier as compensation of expenses borne by the latter for arrival at the departure point and back, for payment of the bank’s interest fee made by the Executer while transferring amounts of money to a carrier.

5.2. The amount of loss that must be reimbursed in case of the absence of the passengers at a certain place at the Transfer start time specified in the passenger itinerary receipt cannot be higher than the cost of the Transfer calculated according to the Client’s requirements and the rules established herein.

5.3. Based on the agreement between the Client and the Executer, the Executer’s powers include the right to set off the amount paid by the Client for the Transfer against the Executer’s loss with notification of the Client by e-mail.

IV. Rules of Changes in and Cancellation of Arrangements

1. If the Client sends a notice about changes in the terms of Transfer, including booking order, such Transfer shall be recognized to have been cancelled at the Client’s request.

1.1. The Client’s notice to the Executer about changes in the Transfer, including booking order, shall be considered as a new Transfer booking application to be accepted by the Executer according to the general rules set forth herein, except for marking of the application with another date and number.

2. Cancellation of Transfer initiated by the Client is possible only by way of the Client’s notice of refusal from the booking order confirmed by the Executer.

2.1. If the Client cancels the Transfer within 24 hours before the Transfer start, an amount of money paid by the Client as an advance payment (prepayment) must be returned by the Executer within five (5) days from the date of cancellation of obligations hereunder. Term of crediting of money to the card owner’s account is determined by internal schedule and service speed of a bank that issued the card.

2.2. If the Client cancels a Transfer within 24 hours before its start, the amount of money paid by the Client as an advance payment must be returned by the Executer after deduction of the costs borne by the Executer for fulfilment of arrangements hereunder. Amount of expenses borne by the Executer to perform its obligations can be up to the amount of the Transfer price.

2.3. If the Client cancels the Transfer within 24 hours (in case of ordering of vehicles of the following classes: Minibus 16 pax, Premium, Premium Minibus 6 pax, Business, Minibus 10 pax, Shuttle, Minibus 13 pax, Minibus 19 pax), with the variant of payment directly to a driver in cash, funds will be written off from the Client’s card in the amount of total cost of the Transfer.

2.4. If the Client cancels a transfer within 5 hours (if the following classes of vehicles are ordered: Comfort, Micro, Economy, Minibus 7 pax, Minivan 4 pax), with payment directly to a driver in cash, funds will be written off from the Client’s card in the amount of total cost of the Transfer.

2.5. If the Client is affected by the circumstances of insuperable force, which exclude a possibility to use the Transfer, no amount is written off in all possible variants of payment. The evidence of the presence of such circumstances can be mass media announcements or a document confirming such fact. Presentation of evidence is an essential condition.

2.5.1. The circumstances of insuperable force are: natural calamities (storms, earthquakes, landslides, floods, volcanic eruptions, snow banks and other natural collapses), civic situations (epidemics, military actions, large-scope strikes, revolutions etc.), embargoes at the governmental level (trading and transportation sanctions etc.).

3. It is possible to cancel the Transfer at the Executer’s initiative, if the Client does not fulfil the arrangements concerning adjustment of the Transfer procedure with the data specified in the Client’s booking application, which prevent or significantly complicate the performance of the Transfer. Subject to the agreement between the Client and the Executer, an insufficient volume or accuracy of information regulating the main terms of the Transfer, as well as the Client’s non-fulfilled obligation to correct such terms of the Transfer, shall be considered a circumstance, which results in the impossibility to perform obligations hereunder.

3.1. The Executer must send a notice of cancellation of the Transfer under the abovementioned circumstances to the Client’s e-mail within 16 hours before the Transfer start.

3.2. If the Transfer is cancelled due to the impossibility to perform it, an amount of money transferred by the Client as an advance payment (prepayment) must be returned by the Executer within five (5) days from the time of cancellation of the Transfer. Term of crediting of money to the card owner’s account is determined by internal schedule and service speed of a bank that issued the card.

4. The Executer may cancel the Transfer on the grounds that the Client has not confirmed the Transfer procedure a day before its start, if the application was accepted without prepayment for the Transfer. In such situation, the Executer shall not be obliged to reimburse the Client’s loss that may have arisen as a result of such cancellation.

5. The Executer has the right to cancel the Transfer within five (5) hours before the Transfer start. In such situation, the Executer is obliged to return to the Client the paid advance within five (5) banking days after the cancelled Transfer. The advance return obligation is deemed to have been performed immediately upon writing off the relevant amount from the Executer’s account to the Client’s account.

V. Procedure of Presentation of Claims

1. All claims concerning a failure to perform or improper performance of obligations hereunder can be presented by the Client within fourteen (14) days from the day of the performance of the Transfer.

1.1. If no claim concerning obligations to perform the Transfer is received to the Executer’s e-mail (l@navettaitalia.com) within fourteen (14) days from the time of the Transfer, subject to the agreement between the Client and the Executer, the Transfer shall be deemed to have been performed and the service – to have been fully provided to the Client in a proper manner and in the procedure established herein.

2. All claims of the passengers arising from a carrier’s fulfilment of its obligations, including establishment of a route, travelling speed, driving style etc., which resulted in damage to health, hazard to life, damage to the passengers’ property or other circumstances undesirable for the passengers, for instance late arrival at the destination point, can be presented to a carrier itself according to the rules defined by the laws of the country, in the territory of which the carrying service was provided.

2.1. If there are undesirable consequences for the passengers due to late arrival at the destination point, one should understand that the time of the Transfer start and a period necessary for the Transfer is established by the Executer at its own discretion.

VI. Other Rules

1. The Executer guarantees that data filled in by the Client in the Transfer booking order are confidential and cannot be used by the Executer for the purposes other than fulfilment of obligations hereunder.

1.1. The Client is aware that, by agreeing with the terms hereof, he/she gives their consent to personal data processing.

2. Based on the agreement between the Client and the Executer, all notices connected with the conclusion, correction, cancellation or fulfilment of obligations hereunder shall be deemed to have been properly sent to another party hereof, if sent by e-mail specified in the application.

2.1. The risk of undesirable results arising out of non-received or untimely received (read) notices shall be borne by the Client, who specified the e-mail address.

3. Subject to the agreement between the Client and the Executer, some documents concerning delivery and acceptance of the services, invoices for the services performed by the Executer can remain unexecuted.

4. The abovementioned documents (certificates of delivery and acceptance of the services) in a free written form are executed by the Executer, if the Client and the Executer have concluded a service agreement in a free written form.