Terms and conditions
GENERAL TERMS AND CONDITIONS OF THE CONTRACT FOR PROVISION OF THE SHARED MOBILITY SERVICE
This document contains the general terms and conditions of the contract for provision of the shared mobility service (hereinafter referred to as the "General Conditions") by Acciona Mobility Italia S.r.l., whose registered office is located at Via Monte San Genesio 21, Milan, Italy, entered in the Milan Trade and Companies Register with tax code and VAT identification number: 10930630966 (hereinafter referred to as "Acciona Mobility" or the "Company").
These General Conditions, including any Annexes thereto, govern the contractual relationship between Acciona Mobility and the natural person (hereinafter referred to as the "User") benefiting from the shared mobility service in compliance with the terms stipulated below.
- 1.1. In these General Conditions, in addition to the definitions indicated above, the following terms starting with a capital letter shall have the meaning indicated alongside each of them:
- "Annex" indiscriminately, any document attached to these General Conditions;
- "App" the smartphone application, available for iOS and Android systems, required to enable the User to benefit from the Service (as defined below);
- "Italian Highway Code" Italian Legislative Decree no. 285 of 30 April 1992, and any subsequent amendments and additions, including the Italian Highway Code implementation and execution regulations (Presidential Decree no. 495 of 16 December 1992);
- "Conditions of Insurance" the summary document of the terms and conditions applicable to the insurance coverage for the Vehicles (as defined below), attached as an annex to these General Conditions sub "Annex 2";
- "List of Penalties" the summary document of the penalties applied by the Company when substantiating breaches each time they occur, indicated in sub "Annex 1", or the penalties in force at the time, as published by the Company on the App and/or Website (as defined below);
- "Rental" the procedure of reserving the Vehicle (as defined below) through the App and the subsequent use of this Vehicle by the User within the Service Area (as defined below), in compliance with these General Conditions and any Annexes thereto;
- "Passenger" qualsiasi persona fisica che viene trasportata dall’Utente a bordo del Veicolo (come di seguito definito);
- "Password" the password required to access use of the Service (as defined below) by the User;
- "Registration" the User registration procedure for the Website (as defined below) and/or for the App, in order to access the Service (as defined below);
- "Tariffs" the tariffs established for each Rental that will be communicated to the User by the Company, through the App, at the start of each Rental, in compliance with the provisions of Article 9.2 below;
- "Service" the Vehicle Rental service, provided by the Company within the Service Area (as defined below), along with any related ancillary services, including the Support Service (as defined below);
- "Website" the Company's website, i.e. mobilita.acciona.com;
- "Vehicle" the electric motor vehicles placed at the User's disposal by the Company for Rental purposes within the Service Area (as defined below);
- "Service Area" the areas, inside one or more Municipalities, within which the Company provides the Service, which can be consulted on the Website or App.
- 2.1. These General Conditions define the terms and conditions applicable to the Service, including the App's mode of use, the Registration procedure and the Vehicle Rental procedure by the User.
- 2.2. Use of the App and/or Service confers the status of User and assumes the full acceptance, by the User, of each clause in these General Conditions and Annexes thereto.
3. Requirements to access the Service
- 3.1. Access to the Service is subject to the preliminary registration of the User to the App and acceptance, by the User, of these General Conditions, including any Annexes thereto.
- 3.2. Any natural person, irrespective of race, gender and/or religion, may register as a User provided that they:
- (i) Are at least eighteen (18) years of age on the date of Registration;
- (ii) Have provided all of the necessary personal information required upon Registration;
- (iii) Hold a valid identification document (identity card or passport);
- (iv) Hold a driving licence, or other valid travel document allowing them to drive the Vehicle, issued by the competent Italian Authority ("Licence"). To this end, the following Licences will be considered valid: category "A1" driving licences, without prejudice to the statutory retirement age referred to in point (i) above and category "A", "A2" and "B" driving licences. Likewise, other driving licences, different to the aforementioned, issued in the European Union may be considered, and/or international driving licences, provided that they are granted to the User driving the Vehicle, without prejudice, in such a case, to the power of the Company to request any relevant documentation from the User in order to check the requirements necessary to access the Service.
- 3.3. The Licence must be valid both upon Registration and whilst the contractual relationship is in effect, and may not be subject to suspension, withdrawal or revocation.
- 3.4. The User hereby undertakes to promptly communicate any measures to withdraw, suspend or revoke the Licence, as well as any loss of the Licence, to the Company. Following receipt of the aforementioned communication, the Company shall immediately proceed to suspend the User from the Service, without prejudice to the Company's right to terminate the contractual relationship in existence with the User pursuant to Article 12 below.
- 3.5. Suspension of the Service under the aforementioned Article 3.4 will be effective until the User notifies the Company – attaching the relevant supporting documentation – that they are once again in possession of the Licence. In the event that the Company declares the contractual relationship to be resolved pursuant to the aforementioned Article 3.4, the User, who is once again in possession of the Licence, may access the Service once again through a new Registration request.
- 3.6. The Company reserves the right to deny access to the Service based on its indisputable evaluation regarding the solvency of the potential User, as well as in the event of any anomalies detected upon Registration and/or behaviour that does not comply with the principles of the Company's internal policy.
- 3.7. The Company also reserves the right to check the existence of the requirements stipulated in this Article 3 each time the User begins a Rental.
4. Registration procedure
- 4.1. The User, who fulfils the requirements stipulated in aforementioned Article 3 and intends to benefit from the Service, may register as a User by providing all of the mandatory information requested on the electronic form found on the Website or App.
- 4.2. The information communicated to the Company by the User upon Registration to the Service will be saved in their account. The User may access their account at any time through the Website or App, and may correct their information whenever necessary. This information may be updated by the User or by contacting the Support Service.
- 4.3. During the Registration procedure, using the App, it is mandatory to submit a double-sided photocopy of the User's identification document and their Licence so that the Company may check the information and documents provided. Where the Company is unable to check, for whatever reason, the information and/or any of the documents provided by the User, the Company may ask the User to send the documents to be checked by email or through other means that enable the requirements necessary to identify the User and their Registration to the Service to be checked. Moreover, the Company reserves the right to ask the User to deal with any other formalities in order to check the identity and/or proper possession of the Licence, along with the right to invite them to one of the Company's offices or to the verification point indicated from time to time.
- 4.4. During Registration, the User is obliged to indicate the preselected payment method and to enter their payment details, it being understood that, for the purposes of using the Service, only payment methods expressly linked to the User will be accepted.
- 4.5. Registration shall be deemed to be completed and finalised once the User has provided the Company with all of the documentation and information necessary to access the Service, and once they have received the appropriate notification on the App to inform them that validation has taken place along with a welcome email sent to the email address communicated by the User during Registration.
- 4.6. The contractual relationship between the User and the Company shall be understood to be finalised from the date on which Registration is completed under aforementioned Article 4.5 and will be governed by these General Conditions, along with any Annexes, as well as by the provisions of any other contract documents that may be made available to the User upon Registration ("Contract").
- 4.7. In order to be able to access and use the Service and App, the User must use the username (ID) and password assigned to them upon Registration. The username and password are strictly personal and are not transferable. It will be the responsibility of the User to protect their access details in such a way as to prevent it from being wrongfully used or accessed by third parties.
- 4.8. Entering an incorrect password five (5) times consecutively will lead to the User's account being blocked. In the event that this occurs, the User must inform the Support Service so that the latter is able to proceed with reactivating the User's account.
- 4.9. If the password is lost, the User will be required to replace it with a new one as soon as possible. If this is not possible, the User must promptly inform the Company of this so that the latter may adopt all necessary and/or appropriate measures.
- 4.10. Should the User lose their smartphone or suspect that their App has been misused by a third party, they must promptly inform the Support Service of this, so that the latter may proceed to block the User's account.
- 4.11. The User is explicitly prohibited from carrying out more than one Registration, unless they have been expressly authorised to do so by the Company.
- 4.12. The User guarantees the veracity of the personal information provided during Registration and undertakes to promptly communicate any changes to this information to the Company. The User will be responsible for any damage, loss or prejudicial consequence that the Company and/or any third party may experience following the communication of false, incorrect and/or incomplete information.
- 4.13 The time of use that by courtesy of the Society is offered free of charge to the user, will be available only once per user and for a maximum time of 1 month; after that time the unused time will expire.
5. Vehicle rental and reservation
- 5.1. In compliance with the General Conditions, Users have the right to reserve and rent Vehicles within the Service Area corresponding to the Company, at the relative Tariff, differentiated in accordance with the Vehicle driving methods, in accordance with the provisions of Article 6.2 and Article 9 below.
- 5.2. Vehicle Rental is reserved for Users who fulfil the requirements stipulated in Article 3 above, and who have successfully completed the Registration procedure pursuant to Article 4 above, acknowledging that they accept these General Conditions and Annexes thereto.
- 5.3. For the purposes of Vehicle Rental, the User must have communicated their payment details to the Company and must have a mobile device that complies with the technical requirements of the App. Technical compliance of the User's mobile device is checked during the Registration procedure. It is understood that the Company does not guarantee any technical compatibility between the App and the User's mobile device, and does not assume any responsibility with regard to the compliance of this device with the technical requirements required by the App from time to time.
- 5.4. Both during and at the end of each Rental, the User must also have a data connection service, it being understood that it will be the exclusive responsibility of the User to bear any related costs.
- 5.5. All Vehicles are geolocalised through a GPS signal and may be identified and located by the User through the App. The User may reserve the desired available Vehicle through the App. Reservation is free of charge for the maximum time frame provided for by the App. If, upon expiry of this time frame, the User does not start to use the Vehicle (and therefore does not start the Rental), the reservation will automatically lapse, without the User being debited any costs, and the Vehicle may be reserved by another User.
- 5.6. In the event of consecutive Vehicle reservations by the User, without the User using these reservations, the Company reserves the right to apply a penalty stipulated in the List of Penalties to the User and/or to terminate the Contract pursuant to Article 12 below.
- 5.7. A Vehicle reservation shall be deemed to be confirmed as soon as the Company notifies the User of this through the App. The Company may reject the reservation if the Vehicle selected is not available for whatever reason.
- 5.8. Subject to the above, the User may also immediately use a Vehicle identified directly on the street, where available.
- 5.9. The duration of the Vehicle Reservation will be displayed on the App during its use by the User, along with the respective cost. Upon termination of the Rental pursuant to Article 7 below, a detailed summary of the cost and total duration of the Rental will be displayed on the App.
6. Vehicle use
- 6.1. Prior to using the Vehicle, the User must:
- (i) Inspect the Vehicle in order to check that it does not have any faults, visible damage and/or malfunctions. Should an anomaly be detected, the User must promptly inform the Company of this by completing the relevant form found on the App or by phoning the Support Service. The Company may prohibit use of the Vehicle when, after an anomaly has been detected by the User, it considers that the safety of the Vehicle is compromised;
- (ii) Ensure that the Vehicle is in good condition so that it may be used, and check on the display that the battery charge level allows the desired journey to be started and completed.
- 6.2. The User may choose between the following Vehicle driving modes by pressing the "MODE" key on the Vehicle, with subsequent application of the Tariff respectively indicated at the time:
- (i) "S" mode (slow mode limited to 45 km/h);
- (ii) "C" mode (fast mode limited to 90 km/h);
- (iii) "PAUSE" mode.
- 6.3. Once the User has located the place in which the Vehicle is parked, the App will allow them to unlock it, thus starting the Rental. In particular, the User may:
- (i) Access the helmet in the Vehicle's storage compartment by pressing on the corresponding key on the App. All Vehicles are equipped with two helmets that must be worn by the User and their Passenger; provided that the measures taken by the Company pursuant to law to limit the risk of infection from diseases or other infections permit;
- (ii) Release the central or side kickstand on the Vehicle and press the "MODE" key on the handlebars in order to start up the Vehicle.
- 6.4. Only the User may drive the vehicle; driving may not be entrusted to a third party, even if the User is present.
- 6.5. During each Rental, the User must take the utmost care when using the Vehicle, in full compliance with the General Conditions, and any Annexes thereto, and in accordance with the provisions of the Italian Highway Code and the regulations in force from time to time on the subject, also with specific reference to compliance with the measures to contain the risk of contagion from diseases or other infections, including the mandatory use of personal protective equipment that should be provided for by the laws in force from time to time. The documents relating to the Vehicle, including, by way of example only, the vehicle registration book, must always be kept within it.
- 6.6. Loss of, and/or damage to, the helmets will result in charging of the respective penalty stipulated in the List of Penalties, without prejudice to any greater damage sustained by the Company in any event.
- 6.7. The User may activate the "PAUSE" mode on the App during the Rental. This mode will block the Vehicle, but will not end the Rental, with subsequent application of the related Tariff. During the "beta test" phase, the full duration of the pause will be fifteen (15) minutes, whereas as soon as the payment service commences, the pause will be extended up to a maximum of six (6) hours. If the pause extends beyond the six (6) consecutive hours, or in the event that the Rental ends outside the Service Area, the Vehicle will be deemed to have been unjustifiably abandoned by the User.
- 6.8. If, during the Rental, any operational anomalies and/or external signs of wear or malfunctions are observed, or if any lights are illuminated on the Vehicle's display, the User will be obliged to stop the Vehicle and promptly inform the Support Service.
- 6.9. The User must deliver any personal effects, including the property of third parties, recovered inside the Vehicle to the Support Service, which will then be responsible for their safekeeping. In no event is the Company responsible for any personal effects lost by the User, or forgotten inside the Vehicle, during use of the Vehicle.
7. Rental period
- 7.1. When the User wishes to end the Vehicle Rental, they will be obliged to park the Vehicle correctly in the dedicated Vehicle parking area, in full compliance with the Italian Highway Code, and within the Service Area, using the central or side kickstand. They will also be obliged to return the helmets to the storage compartment. The User may then end the Rental by pressing the End button on the App. The User may not release the Vehicle outside the Service Area, and must only park it in Park mode. Moreover, the User may not end the Rental and park the Vehicle in an area that is not located on a public street or where the GPS signal cannot be identified (including, for example, in private or third-party garages and in courtyards). The User may not release the Vehicle in private or corporate car parks (for example, car parks reserved for customers of shopping centres, restaurants or offices), unless these car parks are expressly marked as the Company's car parks and/or as car parks reserved for the Vehicles. The User may not park the Vehicle in areas in which temporary parking is prohibited, or where parking is prohibited on certain days or at certain times of the day (loading and unloading bays, zones reserved for the parking of authorised vehicles etc.) and, in general, in parking bays and areas where parking is prohibited under the Italian Highway Code (including, merely by way of example, parking spaces reserved for the disabled, public security forces, taxis).
- 7.2. Prior to ending the Rental, the User must also:
- (i) Ensure the good working order and cleanliness of the Vehicle;
- (ii) Place the two helmets back in the storage compartment and ensure that it is closed properly, leaving no personal effects inside the compartment;
- (iii) Ensure that any other accessories or documents related to the Vehicle are inside the storage compartment;
- (iv) Ensure that the central or side kickstand is in the correct position on the Vehicle.
- 7.3. Should the User abandon the Vehicle without ending the Rental in the proper manner, and in compliance with the foregoing, the Rental will be invoiced to the User. Vehicle abandonment prior to the proper termination of the Rental is subject to application of the penalties stipulated in the List of Penalties.
- 7.4. In the event that the User is unable to terminate the Rental in the correct manner, for whatever reason, they must promptly inform the Company of this and may not stray from the Vehicle until the Company has decided how to proceed in this regard. The Company shall reimburse the User any additional Rental costs as soon as the User has acknowledged that they have not defaulted in any way.
- 7.5. Any damage or prejudicial consequence of any kind resulting from the return of the Vehicle by the User that contravenes the provisions of the Contract may lead to application of the penalties stipulated in the List of Penalties at the User's expense, without prejudice to the right of the Company and/or any third parties to compensation for the damages sustained in any event.
- 7.6. At its own discretion, the Company reserves the right to terminate any Rentals whose duration is over ten (10) hours. Upon expiry of this time limit, the Vehicle will be blocked as soon as it is parked.
8. Restrictions on Vehicle use
- 8.1. The User is prohibited from using the Vehicles for the following activities:
- (i) Carrying Passengers and/or goods on Rental Vehicles for their own commercial or professional activities;
- (ii) Transporting animals;
- (iii) Pushing or towing other vehicles or objects, either on wheels or not;
- (iv) Transporting passengers in numbers greater than that authorised or stipulated in the Vehicle's registration documents and/or technical data sheet;
- (v) Transporting goods or people in violation of the laws and regulations in force in the location in which the Vehicle is circulating;
- (vi) Transporting any package or object whose weight, quantity and/or volume is greater than that authorised in the Vehicle's registration documents and/or technical data sheet;
- (vii) Transporting weapons, inflammable and/or dangerous objects, as well as harmful and/or radioactive substances;
- (viii) Participating in contests and competitions of any kind;
- (ix) Carrying out material, accessory or product resistance tests;
- (x) Using the Vehicle to commit unlawful acts and/or vandalism;
- (xi) Transporting the Vehicle on board any other means of transport (for example, bus, train).
- 8.2. Moreover, it is forbidden to:
- (i) Drive the Vehicle in an inebriated state, or whilst under the effect of drugs or medication that may compromise driving ability;
- (ii) Drive the Vehicle in the case of a fever exceeding 37.5 and/or flu symptoms and/or conditions of fatigue or illness;
- (iii) Leave the Vehicle in precarious conditions of cleanliness;
- (iv) Lock the Vehicle using any kind of device (for example, padlocks and chains);
- (v) Recharge Vehicle batteries or tamper in any other way with the Vehicle's batteries or electronic systems;
- (vi) Allow any third parties to drive Vehicles, in compliance with the provisions of Article 6.4 above, or disclose the User's password to third parties, even if these third parties are Users of the Service;
- (vii) Deactivate or otherwise modify geolocation, tracking or control instruments on the Vehicle, as well as any other electronic element or device on the Vehicle;
- (viii) Carry out, or have carried out, any aesthetic or technical modifications to the Vehicle and/or to Company logos and trademarks;
- (ix) Carry out, or have carried out, any modifications and/or repairs to the Vehicles without prior written consent from the Company;
- (x) Destroy, amend or take photocopies of documents related to the Vehicle;
- (xi) Start, circulate or end journeys outside the Service Area;
- (xii) Concede, subcontract, rent, mortgage, confiscate, sell, pledge or, in general, lend, even if only temporarily, the Vehicle, personal User account, Vehicle equipment and/or accessories, or any other part of the Vehicle;
- (xiii) Leave the Vehicle, both throughout the duration and at the end of the Rental, in private or corporate car parks (unless these car parks are expressly marked as Company car parks and/or as reserved for the Vehicles), in areas in which temporary parking is prohibited, or where parking is prohibited on certain days or at certain times of the day (loading and unloading bays, zones reserved for the parking of authorised vehicles etc.) and, in general, in parking bays and areas where parking is prohibited under the Italian Highway Code;
- (xiv) Use the Vehicle in any way that may cause damage or injury to it, to third parties and/or to the Company.
- 8.3. Subject to possible application of the penalties stipulated in the General Conditions, in the event of breach of the obligations stipulated in this Article 8 by the User, and in particular in the event of neglect, fault, negligence, imprudence or malpractice by the User, the latter shall answer for any damages attributable to it that the Company and/or Vehicles, and/or third parties and things in general, may suffer.
- 8.4. In the event that the User does not comply with the provisions of this Article 8, the Company may terminate the Contract pursuant to Article 12 below.
9. Service Tariffs
- 9.1. There are no costs and/or tariffs for maintaining User status.
- 9.2. The Company shall inform the User of any Tariffs related to use of the Service at the start of each Rental through a notification on the App. The Tariffs will be understood to have been accepted by the User when they start the Rental by pressing the appropriate button on the App. The Tariffs are understood to be inclusive of VAT, unless otherwise stated.
- 9.3. The Vehicle use time will be counted from the start of the Rental and, consequently, from the time at which the User unlocks the Vehicle, up until the end of the Rental period, as stipulated in Article 7.1 above.
- 9.4. The duration of each Rental will be counted in fractions of minutes, and will be rounded to the next minute with effect from the first second in excess. Should two or more Vehicle driving modes be used, as indicated in Article 6.2 above, rounding shall be carried out by applying the Tariffs stipulated for the last vehicle driving mode.
- 9.5. The Tariffs applicable to the Service will be automatically charged by the Company at the end of each rental period through the payment method preselected by the User during Registration. To this effect, the User authorises the Company to promptly debit the amount due as Tariffs for use of the Service. The User must ensure that the preselected payment method always has the funds necessary in order for the Tariffs applicable to the Service to be debited. Otherwise, the User will be obliged to pay the Company any bank or provider charges or commissions for the payment service used, without prejudice to the right of the Company to apply any penalty provided for.
- 9.6. The User may consult and/or download any invoices issued to them in relation to use of the Service directly from the App, or by accessing their personal account. If the User has any queries or requests regarding invoicing of the Service, they may, at any time, contact the Support Service.
- 9.7. Non-payment of even just one Tariff due to the Company will lead to temporary suspension of the User's account. The User will be notified of this suspension and, within ten (10) calendar days at the latest from the date of the aforementioned notification, the User is to pay any outstanding sums on the invoices before they are able to use the Service again. Only upon settlement of any unpaid invoices will the Company proceed to reactivating the User's account in order to enable the User to use the Service again. Non-payment is subject to application of the penalties stipulated in the List of Penalties.
- 9.8. In the event of non-payment of the Tariffs due by the User under Article 9.7 above, the Company may terminate the Contract, reserving the right to proceed with judicial action in order to protect its own rights and for any compensation of damages suffered.
- 9.9. The Company may, at its own discretion, apply discounts and/or special tariffs for use of the Service, based on Company promotions or specific trade agreements with third parties. The Company will verify the existence and continuity of the conditions and requirements, concerning the User, necessary for application of the aforementioned benefits. The wrongful exploitation of any discounts and/or special Tariffs by the User shall constitute a serious breach of Contract and may lead to termination of the Contract under Article 12 below.
10. Responsibility of the User and Conditions of Insurance
- 10.1. The Service Tariffs also include the insurance coverage described in the Conditions of Insurance attached to these General Conditions in sub "Annex 2".
- 10.2. The User is responsible for any damage that they cause to the Vehicle, to the Company, and to any other goods or third party during use of the Vehicle. The responsibility of the User for any damage caused to the Vehicle is usually limited to the amount of the associated excess stipulated in the Conditions of Insurance attached to these General Conditions, without prejudice to that which follows.
- 10.3. The User will be obliged to inform the Company, through the Support Service, of any damage caused during use of the Vehicle, including its loss, and must also provide any relevant documentation to the Company, if necessary, within forty-eight (48) hours at the latest from the time at which the event occurred, except in the case of force majeure. In such cases, the Company reserves the right to block use of the Vehicle and to terminate the Vehicle Rental or Contract. The User authorises the Company to promptly debit from their account any repair and/or other costs that the company may have been obliged to bear in order to remedy the damage suffered, in accordance with the agreed excess.
- 10.4. The User must also promptly inform the Company of any incident, theft or act of vandalism that occurs, causing damage to the Vehicle. In the event of non or untimely disclosure, the excess referred to in Article 10.2 above will not be applied and, consequently, the User will be held responsible for any damage caused to the Vehicle, to any Passengers and/or to any third parties as a consequence of the aforementioned incidents. In such cases, the User is also obliged to immediately report the incident to the competent Authorities, and to send the original copy of the report to the address stipulated in Article 16 below by registered letter with acknowledgement of receipt as soon as possible. Notwithstanding the above, and in addition to the excess, the Company reserves the right to charge the User a sum equal to two hundred and fifty euro (EUR 250.00) in order to cover any damage that may have occurred to the Vehicle during the incident, theft or act of vandalism during the Service.
- 10.5. Under the Conditions of Insurance, the insurance coverage does not apply to any damages caused by the User acting with intent or gross negligence, or to any damages resulting from non-compliance with the legal provisions in force in this regard and/or with these General Conditions, including any Annexes thereto. In such cases, the User will be held personally and solely responsible for any damages caused to the Vehicle, to any Passengers and/or to any third parties or things in general.
- 10.6. Accessories (helmet, smartphone holder, bag etc.) along with any of the User's personal effects, are excluded from the insurance coverage referred to in Article 10.1 above. The User will be responsible for any loss of, and/or damage to, these accessories. Any damage, loss or theft of any personal effects left inside the Vehicle by the User and/or Passenger are also excluded from the aforementioned insurance coverage.
- 10.7. Subject to the above, in the event of an incident, theft, act of vandalism or any other damage caused to the Vehicle, Company and/or third parties, the User undertakes to hereby collaborate with the Company, if requested to do so, for the purpose of allowing the latter to safeguard its rights, regardless of the nature and before any entity, company or authority, including judicial.
- 10.8 The User who agrees to use the Service assumes all responsibilities and risks arising from or otherwise connected with the use of the Vehicle, including any risk of contagion from diseases or other infections, even if transmitted as a result of the use of the Vehicle by third parties and even if such risks are not covered by the Conditions of Insurance.
11. Administrative penalties and sanctions
- 11.1. The Company reserves the right to apply the penalties indicated in the List of Penalties, attached to these General Conditions in sub "Annex 1" to the User when substantiating breaches indicated therein, notwithstanding the compensation of any major damage. Upon signature of these General Conditions, the User hereby authorises the Company to debit, using the same methods provided for the collection of the Service Tariffs, any penalty charges that may be applied when substantiating the aforementioned breaches, without the need for additional confirmation. The Company shall communicate the amount of the penalties applied, in accordance with the foregoing, to the User by email in each case.
- 11.2. The User hereby grants their consent to the Company to communicate their identification data to the Public Administration in the event that a violation of the Italian Highway Code is committed by the User, even when this includes points being deducted from the Licence. The Company shall inform the User of any communication of their identification data to the Public Administration.
- 11.3. Each time the Company is notified of a violation of the Italian Highway Code, it shall send the User the administrative documents relating to the violation, inviting the User to proceed with the proper and timely payment of any penalties. Upon signature of these General Conditions, the User undertakes to pay any financial penalties that may be notified to the Company, as required under Article 196 of the Italian Highway Code, without prejudice to the case in which the User considers that it is not their responsibility and intends to challenge, through recourse or other means of redress provided for by law, the penalty, bearing the full costs thereof.
- 11.4. The User is obliged to inform the Company in writing, through a certified email address or registered letter with acknowledgement of receipt, of the payment of any penalties or the redress – attaching the related supporting documentation – it being understood that this documentation must be received by the Company at least fifteen (15) days prior to the latest deadline laid down for payment or redress in the administrative documents related to the violation reported.
- 11.5. In the event of non-disclosure, or untimely communication, of the requirement provided for in Article 11.4 prior to the aforementioned deadline, the Company shall have the right to apply a penalty to the User responsible for the Vehicle in the reported violation – due to breach of the obligations stipulated in Article 6.5 and Article 11.4 above – of an amount equal to that of the financial penalty imposed, plus the amount of any administration expenses in practice, in accordance with the stipulations of the List of Penalties.
12. Duration and effectiveness of the Contract
- 12.1. The Contract between the User and the Company will be of an indefinite duration, without prejudice to the following.
- 12.2. Without prejudice to the provisions stipulated in these General Conditions, the behaviour illustrated below constitutes cases of serious breach of the Contract, upon the occurrence of which the Company shall have the power to terminate the Contract pursuant to the effects of Article 1456 of the Italian Civil Code:
- (i) Non-existence, concerning the User, of the requirements stipulated in Article 3 above (including those related to minimum age and the existence of a valid Licence);
- (ii) Non-disclosure by the User to the Company of any suspension, revocation or withdrawal of the Licence, as well as any other act or event affecting the validity of the Licence;
- (iii) Use of credentials in order to access the Service and/or false documents, or documents not related to the User, upon Registration to the Service and/or Rental, including the communication of any agreements, discounts, promotional codes and other benefits to which the User does not have the right;
- (iv) Multiple reservations of one or several Vehicles without the Rental having started;
- (v) Without prejudice to the provisions of Article 9.8 above, the non or delayed payment of the Service by the User and/or the non or delayed payment of any penalties applied by the Company in accordance with the List of Penalties in force at the time;
- (vi) Parking of the Vehicle outside the Service Area or in an area that contravenes the provisions of these General Conditions;
- (vii) Non-fulfilment, on the part of the User, of even just one of the obligations related to the conditions and restrictions of use of the Vehicles stipulated in Articles 6, 7 and 8 above;
- (viii) Any improper and/or fraudulent use of the App;
- (ix) Wilful or negligent advantage or commission, by the User, of theft, fire and/or acts of vandalism causing damage to the Vehicle;
- (x) Non-return of the Vehicle at the end of the Rental;
- (xi) Non-disclosure and/or non-communication to the Company of the stipulations of Article 10.3 above.
- 12.3. In the cases stipulated in Article 12.2 above, the Company may terminate the Contract, pursuant to Article 1456 of the Italian Civil Code, through written communication to the User by way of registered letter with acknowledgement of receipt, or through certified email address, without prejudice to the right to collect the amounts due by the User as penalties, if applicable, and/or the right to compensation for any damages.
- 12.4. Without prejudice to the foregoing, termination of the Contract, for whatever cause, shall have no effect on the provisions of these General Conditions with regard to administrative penalties and sanctions (Article 11). These provisions shall be valid and effective for a period of two (2) years from the date of termination of the Contract.
13. Limitation of liability
- 13.1. With the exception of cases of intent or gross negligence on the part of the Company, the Company shall not be liable for any direct or indirect damages of any kind that may be suffered by the User and/or any third parties due to the Service, changes to procedures, times and conditions under which the Service is provided, as well as due to the suspension, interruption or unavailability of the Service dependent on IT systems, and/or any other cause attributable to the Company's suppliers and to third parties in general.
- 13.2. The Company is also exonerated from any liability for damages and/or any harmful consequences of any kind that may stem from the User and/or any third parties in general due to the non-fulfilment, in full or in part, of the obligations undertaken by the Company due to causes of force majeure, including, by way of example but not limited to, acts of the Public Administration and Authorities, fire, flooding, explosion, mobilisation, rioting, strikes, trade union disputes, lack of raw materials, interruptions to electric power and communications.
- 13.3. The Company shall not be liable for any damages resulting from unavailability or inaccessibility of the App and/or Website, interruption to operation of the App, IT malfunctions, disconnections, blockages, delays or interruption to the Service following overburdening of the networks or data centres, or any other damage caused by third parties. Similarly, the company shall not be liable for any damages caused by computer viruses and foreign materials, of any kind, introduced by third parties onto the App and/or Website able to cause alterations to the systems, electronic documents or files saved on the devices.
- 13.4. The Company assumes no responsibility in relation to the products and/or services provided by third parties, even if indicated or selected by the Company, at the same time as, or as part of, provision of the Service by the Company or use of the Service by the Users.
- 13.5. Without prejudice to the provisions of art. 10.8 above, the Company's liability for all damages, costs, charges, expenses and prejudicial consequences of any kind that the User may suffer due to the risk of contagion from diseases or other infections is excluded in any case.
14. Tracking devices
- 14.1. For maintenance, protection, identification, crime prevention and Vehicle performance purposes, the Company shall have electronic devices fitted on the Vehicles to ensure that the condition and functionality of the Vehicles can be monitored, and that their movements can be tracked.
- 14.2. The User may locate all available Vehicles through the Website and App, viewing the Vehicles closest to their position on the map.
15. Contacts, Support Service and Complaints
- 15.1. For all purposes related to execution of these General Conditions, the Company provides the User with the following contact information:
Acciona Mobility Italia S.r.l.
Via Monte San Genesio 21, 20158 – Milano (Italia)
Certified email address: email@example.com
Email address: firstname.lastname@example.org
- 15.2. The aforementioned contact information may be used by the User in order to formulate any requests for information about the Service and/or these General Conditions, as well as to submit any complaints.
16. Industrial and intellectual property
- 16.1. Use of the Service, Website and/or App by the User does not confer the User any industrial and intellectual property rights held by the Company and/or any third parties, nor any licence for use for other purposes.
- 16.2. The User undertakes to respect the industrial and intellectual property rights belonging to the Company and/or third parties, including trademarks, logos and domain names.
- 16.3. The User is expressly prohibited from reproducing, distributing, publicly circulating or placing at the disposal of third parties any content, information or material to which the User may have access through the Service, Website and/or App, without prior written authorisation from the owner of any such content, information and material.
17. Transfer of the Contract
- 17.1. The Company reserves the right to transfer the Contract and any related payables for use of the Service by the Users to third parties.
- 17.2. Upon signature of these General Conditions, the User hereby authorises transfer of the Contract pursuant to Article 17.1 above.
18. Independence of the clauses
- 18.1. Should any one or more clauses in these General Conditions be declared void, invalid, ineffective, or in any way non-executable by a competent Court or Authority, this declaration shall be interpreted literally and strictly, and shall not prejudice the validity, effectiveness and executability of the other clauses in these General Conditions.
19. Amendments to the General Conditions
- 19.1. The Company expressly reserves the right to make any amendments deemed necessary and/or relevant to these General Conditions and Annexes thereto.
- 19.2. Pursuant to Article 19.1 above, the User will be informed of any amendments made by email, SMS, App pop-up, as well as through publication of the amendments on the Website and App. The Company may, in certain cases, request that the User expressly accept the new General Conditions upon first use of the Service following communication of the amendments made.
20. Applicable law and jurisdiction
- 20.1. These General Conditions, including any Annexes thereto, are governed by Italian law.
- 20.2. Without prejudice to any rights attributable to the User as a consumer, any disputes regarding the interpretation, validity and/or execution of these General Conditions, Annexes and/or the Contract shall be deferred to the exclusive jurisdiction of the Court of Milan.
The User hereby acknowledges that they have carefully read and understood these General Conditions, which they accept in full, and undertakes to periodically consult them by accessing the Website.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User also acknowledges that they have carefully read and accept in full and specifically the provisions of these General Conditions listed below: Article 3.6 (right of the Company to refuse access to the Service based on the solvency of the User); Article 4.12 (responsibility of the User for the communication of false, incorrect or incomplete information); Article 5.6 (right of the Company to apply penalties or to terminate the Contract in the event of multiple reservations without the User using the Vehicles reserved); Article 8.3 (responsibility of the User for violation of the obligations stipulated in Article 8 and imposition of the penalties); Article 10 (responsibility of the User); Article 11 (administrative penalties and sanctions); Article 12.2 (assumption of termination of the Contract); Article 12.4 (survival of the clauses); Article 13 (limit of liability of the Company); Article 17 (termination of the Contract); and Article 20 (applicable Law and competent Court).