1. PERSONAL DETAILS
Tripaca by Ma.Ste.R. S.r.l.s. is located in 00183 Rome, Piazza Epiro, 17a, shared capital € 100.000 then indicated as TRIPACA, has produced a set of tools such as the website www.tripacalink.com, and its customer area reserved for users who choose to register, the co-branded IYSP (Increase Your Sales Program) sites, and mobile applications defined as Booking Reservation Tool, which allow customers to book public transportation services and Carriers to manage their services.
These General Terms and Conditions form an integral part of each TL contract with Customers wishing to use TL for booking and scheduling transportation services offered by Carriers. These customers, upon making their reservation and receiving confirmation from Carrier, acquire the right to use transportation services that will be made autonomously by Carrier to which the Platform will forward information regarding reservation itself. For full information to Customers, these Services will find a brief description in Terms and Conditions
The rules of General Terms apply to Your Personal Relations with its customers in all the circumstances not covered by the specific existing contract.
2. LEGAL RELATIONS
TL is only responsible for the activity required to book and to plan Transport Service. The subsequent rendering of this service involves a direct relationship between Customer and Carrier. In fact, on the basis of Price List attached to Contract with TL, Customer decides to request the tTLe of Service, including all conditions and relative price, and communicates them to TL in accordance with the contractual terms. Upon confirmation receipt of a reservation from Customer, in fact, the Customer-Carrier Agreements terminate, which are legally terminated in the contract named under Article 1678 of the Civil Code (Contract of Carriage), where the obligation of result is taken over by Carrier in its autonomous decision-making and capital field together with direct responsibility for the risks inherent in transport of people.
3. TOOL USE
Tool use mode from Customers is defined in contracts signed by TL and depend on the agreed options. The completeness and accuracy of information and any subsequent variations included in booking forms, or otherwise provided by Customer to TL, are the sole responsibility of Customer. TL will only transmit to Carrers information provided by Customer upon booking. TL is not responsible for any errors or omissions made by the Customer in filling in the Reservation Form.
TL is solely responsible for any damage caused to Customer by reservation and planning of Transport Service if they are due to their own fault or serious fault. In case of mild blame, TL is solely liable for contractual defaults that may result in non-performance of Transport Service to which the Customer has acquired the title. TL is not responsible for any delay or failure to receive communications concerning booking and / or confirmation of the Transport Service due to data network malfunctions or the quality of Access to the Tool, or due to improper use or misuse of the Tool by a Customer. TL assumes no liability whatsoever as to the content, functionality, and legal infringements of third party property websites to which the Tool is linked. Customer waives and warrants TL from any claims of third parties for damages and related legal fees due to the use of the Tool in violation of contractual clauses. Unless otherwise agreed, TL's liability is in any case limited to the reimbursement of any damage caused by the maximum limit of 5 (five) times the value of TL's compensation for the specific reservation and scheduling service of transport.
5. PROTECTION OF INDUSTRIAL PRIVATE RIGHTS
The tools provided to Customers, including all of their content, are the exclusive property of TL, which fully honors intellectual and commercial exploitation rights. The Tools are not provided to the Customer for exclusive use. Under no circumstances can a Customer claim any rights to the Tool other than those that are due to Customer under the contract with TL. To a Customer, it is forbidden to: (i) make copy, benchmark or reverse engineering of the Tool; (Ii) transfer the Tool to a third party either temporarily or definitively, directly or indirectly; (Ii) transfer the Tools to third parties; (Iii) make the Tool a different use than the contractually provided. TL reserves the right to modify, replace or withdraw at any time - at its sole discretion - all the Tools in use, or each of them, with a notice of 15 (fifteen days) to be communicated by email. In this case, TL will care not prejudice operations of Customers. TL guarantees its Customers from any claim by third parties regarding the use of non-proprietary technology products embedded Tool and technologies.
6. SELECTED INFORMATION ON TRANSPORT SERVICE
Transportation Service of Passengers by means of cars, van or tourist buses is made to Customers, or Users or Passengers by Carriers, who are responsible to have an appropriate authorization issued by municipal authority for each of their cars. TTLes of Transport Services, Classes, range of available cars, paths, routes and tours, relative prices, terms and conditions of Transport Services are described in attached lists to each individual Contract signed by TL with Customers and / or in the form of reservation of the site. Customers can choose the tTLe of service they book on behalf of their users by consulting the lists.
The successfull reservation as well as the acceptance of any subsequent variations is conditioned by availability of carrier. The availability of Carrier is communicated to a Customer via the Tool and is only confirmed upon receipt of such electronic communication. At a time of booking, Customer must specify any optional or extra services required; Extra services are described in the list and / or on the booking form together with their cost.
6.2 INFORMATION OF NUMBER OF PASSENGER ON BOARD
Maximum number of passengers allowed on board may vary according to a tTLe and class of car booked; Generally number of passengers on board varies: 1 to 3 for cars, 4 to 8 for van and 9 to 72 for tourist buses.
6.3 BOOKING CHANGES, DELAYS AND NO SHOW
Changes to booking, including cancellation, must be notified by a Customer to TL within 24 hours of Transport Service. If cancellation is made within 24 hours of Transfert Service the customer does not incur any penalty; If cancellation occurs more than 24 hours of Transport Service, Customer is required to pay the transport service at agreed price (No show). In case Passenger does not attend meeting point at agreed time of service, the following waiting times are observed: 45 minutes at airports, 30 minutes at ports and train stations, 20 minutes at passenger's residence. If passenger - who has been duly informed to a driver - is present beyond above mentioned terms, he/she will be required to pay an hour's waiting time. In case of non-warning of passenger, after the free waiting time, the penalty applies as in the case of No show. Waiting times at airports, train stations and ports are affected by possible delays in arrival transport. Therefore, the appointment time with the passenger will be modified accordingly by moving start of Transport Service to a passenger. In any case, applicable penalties for late and no show mentioned above. In the case of booking a service longer than 7 hours, cancellation deadline for the booking without the application of the No Show penalty is 72 hours, unless otherwise agreed.
7 TRANSFER'S SECURITY
7.1 PASSENGERS, LUGGAGES AND ANIMALS ON BOARD
Carrier is the only person responsible for number of passengers, animals and luggages admitted on board. Therefore, Carrier may refuse to accept on board any passengers and luggages that exceeds those booked or with respect to the applicable safety regulations. With regard to animals, Carrier may refuse to accept on board any animals not included in reservation.
7.2 CHILD TRANSPORT
Child seats must be requested at a time of booking. If this information has not been provided, Carrier may refuse to admit child or children on board to protect safety of passengers.
7.3 BEHAVIOR ON BOARD
Passenger must observe, for the entire duration of transport, the rules of Road Code and those on the safety of the transported. Therefore, passenger must wear seat belt, avoid opening the car doors when driving and avoid throwing objects from windows. Also it does not have to protrude from windows. It is forbidden to smoke, drink alcohol and consume food on board.
8 PRICES AND PAYMENTS
8.1 PRICES (RATES)
Prices or rates correspond to class of vehicles selected, tTLe, duration, distance of booked transport and optional or extra services required. All related information is detailed in attached lists to contracts and / or booking form. These prices are inclusive of the TL fee payable for its booking and scheduling services. Extra services not required by booking will be set separately as provided by TL - Client contracts. Prices include VAT due by law. TL reserves the right to modify the price lists and whatsoever else in them (tTLes of services, prices, etc.) at your own discretion. Changes will be applicable from the first day of month following notification of changes. Services that are booked on date of notification will be respected in accordance with the old list.
8.2 PAYMENT METHOD
Payment of the Transport Services is done online. Any commissions to payment card managment must be considered included in price. In case of specific agreements with Customers, it may also be possible to pay on-board or after services. Unpayed payments require a warranty to support.
8.3 PAYMENT DELAYS
TL reserves the right to apply interest on any delayed payment at the maximum rate of 7% per annum from a date on which a payment was due on a date of its actual credit.
9 RESERVED INFORMATION
All information contained in contracts, attachments, reports and documents exchanged between parties and ommercial, legal, administrative, financial matters to which parties come to know by virtue of their contractual relationship are considered strictly confidential and it is therefore forbidden to TL and Customer to disclose it to third parties either directly or indirectly.
10 CONTENT AND JURISDICTION
Customer acknowledges that TL is solely responsible for carrying out booking and planning and Transport Service in the terms described in Section 4 of the General Terms and Conditions. The law governing contract between TL and Client, including General Terms and Conditions, is the Italian one prevailing over other languages in event that translation is necessary. In the event of litigation concerning interpretation and / or application of contract between TL and Client, including General Conditions, jurisdiction of the Appellate Court shall be the sole responsability of the Tribunal of Rome.