Terms of Use and General Terms of Service

5. PROCEDURE FOR SUBMITTING THE RESERVATION AND CONCLUDING THE OBERDRIVE CONTRACT

5.1. These General Terms and Conditions of Service and the details contained in the Platform constitute a mere invitation to make a proposal to purchase the Services and not an offer to the public.

5.2. In implementation of the provisions of Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, OberDrive informs Customers that:

– The contract between OberDrive and the Client is concluded through the Internet;

– by accessing the Client’s address on the Platform, the latter, following the procedures indicated, will formalize the Booking.

– The Booking will be completed by completing the procedure described herein, available in the following languages: English which can always be corrected, modified and cancelled, up to the time of sending the same;

– The sending of the Booking constitutes a non-binding proposal for the conclusion of the OberDrive Contract and, therefore, of the intermediation activity, in the name and on behalf of the Customer/Passenger, of the transport service of persons and baggage to be carried out by a Carrier;

– the Booking will be subject to an evaluation by OberDrive, which expressly reserves the right to accept or reject the same, also following the verification of the availability, or not, of the Carriers to carry out the transport service requested by the Customer.

5.3. In order to request the Services, the Client must complete and submit a request form in electronic format as follows:

1. a. The Client must access the homepage of the Platform on the following page https://oberdrive.com/;
2. here shall:

(i) select the transportation service requested (local transfers, airport or hourly reservations);

(ii) fill in the fields with the required information depending on whether it is an airport transfer (airport of arrival or departure, place of destination, date of transfer, return transfer date, if any, number of Passengers) or hourly transport (place of pickup, date of commencement of transport, duration in hours, number of Passengers) and click on “Search“;

(iii) select the means of transport you like, including the additional services offered, where available and expressly indicated, and click on “Select“. In this regard, it should be noted that the additional services offered, where available and expressly indicated, are the following:

– Meet & Greet: the Carrier will be waiting at the arrivals hall of the relevant terminal and will have a welcome sign with you so that you can recognize it. Once the Passenger has been met, the Carrier will lead the way to the vehicle pre-arranged for transport;

– Waiting Time: airport transfers, including port transfers or transfers to railway stations, have a free waiting period of 1 hour from the scheduled pick-up time (which is not necessarily the arrival time of the flight, train or ship); in the case of transfers other than airport transfers, the free waiting period is 15 minutes (for example,  local transfers from private addresses); Due to time constraints, the guaranteed wait will be equal to the duration of the service.

– Door to Door: the Passenger is picked up at the threshold of the main entrance of the pick-up address; the Carrier assists the Passenger on the way to and into the vehicle and drops the Passenger off at the threshold of the main entrance of the destination address.

– Porter Service: the Carrier will assist the Passenger in the transport of baggage and help to load the baggage into the vehicle and unload it from it;

(iv) fill in the additional required fields (flight/train number; request for additional services such as children’s equipment; any notes for the carrier) and click on “Continue“;

(v) fill in the data of the Passenger(s) (name, surname, e-mail and telephone number) and click on “Continue“;

(vi) enter your billing information, the required payment method and any other necessary data and click “Continue“;

(vii) electronically transmit to OberDrive the purchase proposal complete with all the required data by clicking on “Pay“;

The Client must indicate an e-mail address and a telephone number attributable to the Passenger with which OberDrive and/or the Carrier may interface, respectively, for the reception, processing and any other activity relating to the Booking and intermediation activity; for the performance of the Contract of Carriage.

1. summary of the Booking: before submitting the Booking, the Customer will be asked to identify and correct any possible errors that may occur when filling in the fields and to carefully read these General Terms and Conditions of Sale, the Booking Conditions and the Privacy Policy, to print a copy of the same using the print option and to save or request a copy for personal use. The summary of the Booking will indicate: the details of the Booking, the price of transportation, including the price of the Services and taxes, other additional costs (if applicable);
2. the Booking will be deemed to have been sent when OberDrive receives the duly completed form electronically and the information relating to the Booking has been previously verified by the Client as correct.

5.4. By submitting a Booking, the Client declares that he/she has read all the information provided to him/her during the procedure and that he/she fully accepts these General Terms and Conditions of Service, the Booking Conditions and the Privacy Policy. By submitting the Booking, the Client expressly acknowledges that this implies the obligation to pay the price and other amounts due under these General Terms and Conditions of Service.

5.5. The OberDrive Contract shall be deemed terminated in the event of non-payment, even partial, of the amount due. In the event that the amount due is not paid or the successful outcome of the payment is not confirmed, the OberDrive Contract shall be deemed to be terminated by law pursuant to and for the purposes of art. 1456 c.c. The Customer will be notified of such termination and the consequent cancellation of the Booking.

5.6. After sending the Booking, the Client will receive, at the e-mail address indicated when filling out the form, an e-mail from OberDrive confirming the receipt of the Booking (“Booking Confirmation“), containing: a copy of these General Terms and Conditions of Service and the Booking Conditions, the Client’s details, the details of the Booking. The Client undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to OberDrive at the e-mail address info@oberdrive.com.

5.7. Since the Booking is merely a proposal to request the Services, the OberDrive Contract shall be deemed to be concluded only with the Booking Confirmation.

5.8. The Client acknowledges that the Bookings are subject to the acceptance of OberDrive, which reserves the right, at its own discretion, to refuse the same, even in cases where:

1. a) the provision of the Services cannot be performed due to an error in the information provided by the Client at the time of submitting the request (e.g. incorrect personal and/or flight data; insufficient or incorrect email address; misleading information; incomplete and/or missing documentation);
2. b) an error has occurred on the Platform.

5.9. Pursuant to Article 12 of Legislative Decree 70 of 2003, OberDrive informs the Client that each Booking sent is stored in digital or paper form at its headquarters, according to criteria of confidentiality and security. The Client may at any time request a copy from OberDrive by writing to the e-mail address [info@oberdrive.com].

6. METHODS OF PROVISION OF SERVICES AND AVAILABILITY OF THE SAME

6.1. The Services covered by the contractual relationship governed by these General Terms and Conditions of Service are the services present in the electronic catalogue published on the Platform at the time of the Booking by the Client. Each Service is accompanied by an information sheet (“Service Sheet“), which illustrates its main characteristics. It is understood that the images and descriptions included herein may not be perfectly representative of  the Services which may differ in model/category, color, shape or size of the car to be used for the transport service, also in relation to the geographical area in which the transport service is actually to be rendered by the Carrier. OberDrive undertakes to ensure that the Services are represented in a way that corresponds as closely as possible to reality, however, these may differ significantly from those shown in the car model, color, shape or size, also in relation to the availability of the Carriers in relation to the transport services to be intermediated. To the above it should be added that:

– transport services to be carried out by minibus may be carried out with two or more Vans/SUVs such as to guarantee, in any case, the transport of all Passengers;

– transport services may be performed by a different vehicle with a larger capacity or belonging to a higher type and/or category (“Free Upgrade“). By way of example, the Customer who has chosen a standard Sedan at the time of Booking, can be transported by a Standard Van / First Class Van or a MiniBus.

For more information on the models/categories of cars to be used for the transport service, and on the possibility of using a different model for transport, even if belonging to the same category, please read the following article carefully: https://oberdrive.com/help

6.2. Following the conclusion of the OberDrive Contract, and therefore of the Booking Confirmation, OberDrive will carry out its intermediation activity by requesting the Carriers – in the name and on behalf of the Client – the availability to carry out the requested transport service.

6.3. Within 24 (twenty-four) hours prior to the date and time of the start of the airport/local transfer or hourly transport, OberDrive will send an e-mail to the Client/Passenger (“Transport Communication“) with which it will inform the latter:

• the acceptance, by the Carrier, of the request for carriage made by the Customer, and, therefore, the conclusion of the Contract of Carriage, providing the Customer/Passenger with all the details of the Carrier in charge and of the transport, or
• the unwillingness of any Carrier to accept the request for carriage made by the Client and, therefore, the failure to conclude the Contract of Carriage.

It should be noted, in any case, that if the conclusion of the Contract of Carriage took place before 6 (six) hours from the date of commencement of the airport/local transfer or hourly transport, the Client may verify the details of the Carrier in charge and of the transport by logging in with his Account in his reserved area of the Platform.

6.4. In the event that, for any reason, the data contained in the Transport Communication should be changed, OberDrive will send the Customer/Passenger a new Transport Communication. It is understood that the subsequent Transport Communication will replace and cancel the previous one, and it is the only one that will be authentic.

6.5. The Transport Communication will contain the itinerary of the transport service, including the place of departure, the place of arrival and the specific time of departure. The Customer acknowledges that the actual departure time may differ by 15 minutes, early or late, from the departure time indicated in the Transportation Notice.

6.6. The Client acknowledges that, following the Booking, OberDrive may not be able to conclude, in the name and on behalf of the Client, the relevant Contract of Carriage due to the unavailability of the Carrier and/or for any other reason. In such cases, the Supplier cannot in any case be held responsible for the unavailability of one or more Services and/or related transport services to be intermediated.

6.7. OberDrive cannot be held responsible for the temporary or definitive unavailability of one or more Services and/or related transport services to be intermediated. In the event of unavailability, even temporary, of the Services and/or related transport services to be intermediated, the Supplier undertakes not to charge the Client the corresponding price. If the Booking has been submitted and the price already charged for the Services and/or related transport services to be brokered that are no longer available, the Supplier will reimburse the Customer for the full amount paid for those Services and/or related transport services to be brokered.

6.8. In the event of partial or total unavailability of the Services and/or related transport services to be intermediated, also following the sending of the Booking Confirmation email, the Client will be promptly informed by email. In this case, the OberDrive Contract will be considered terminated, and if the relevant amount has already been paid, OberDrive will refund the same. In the case of multiple Bookings, the unavailability of one or more of the Services and/or related intermediary transport services ordered will not give the Client the right to cancel the entire Booking.

7. DURATION OF THE OBERDRIVE CONTRACT

7.1. The OberDrive Contract shall terminate upon the occurrence of any of the following events:

1. sending by OberDrive of the last Transport Communication with which the Customer/Passenger is informed of the conclusion of the Contract of Carriage;
2. sending by OberDrive of the Transport Communication with which the latter informs the Customer/Passenger of the failure to conclude the Contract of Carriage.

8. PAYMENTS

8.1. The Client undertakes to pay the price of the booked transport services within the time and manner indicated in these General Terms and Conditions of Service. Any payment by the Client may only be made by means of one of the methods indicated in the footer of the Platform and described below.

8.2. Credit Cards. Credit cards and debit cards of the main international circuits are accepted. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Client will be informed by e-mail. You will be charged at the time the Booking is submitted. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Provider. The Provider, therefore, never has access to and does not store the Customer’s payment card data used to pay for the Services.

The receipts and/or invoices documenting the purchase by the Customer of the transport services booked through the Platform will be issued by the Carrier and OberDrive will be limited, where necessary, to managing or facilitating the IT procedures for the delivery of tax documents to the CONSUMER.

8.3. Digital Wallet and PayPal. Payments via Digital Wallets such as PayPal, Google Pay, Apple Pay are accepted. If the Client chooses digital wallets as a means of payment, he/she will be redirected to the relevant website where he/she will make the payment according to the procedure provided for and regulated therein. These services use the latest and most up-to-date SSL security and data encryption protocols. Confidential data (credit card number, expiry date and cryptogram) are never stored by the Platform, nor do they ever come into the possession of OberDrive.

8.4. In the event of termination of the contract and in any case of refund, OberDrive will reimburse the Client for any amount due using the same payment instrument used for the purchase, unless otherwise agreed.

9. PRICES OF TRANSPORT SERVICES

9.1. – The prices of the transport services to be carried out by a Carrier to be identified indicated on the Platform are to be understood in EUR, GBP or USD, depending on the currency in force in the place where the Client proceeds with the Booking, and include VAT (if applicable).

9.2. The price of the transport services to be carried out by a Carrier to be identified is not fixed, but depends on the date and/or place of departure and/or arrival, the transport service requested (airport transfer or hourly transport), the additional services requested, the time and distance. It is therefore the Customer who, by using the Platform and entering the data of the transport requested in the Booking phase, actively contributes to the determination of the price.

9.3. Any costs paid by the Client for the conversion of the currency used by the Client into Euros, GBP, USD shall be borne exclusively by the Client.

10. BOOKING CONDITIONS AND CONTRACT OF CARRIAGE

Booking conditions vary depending on the booking class. For contracts for the provision of services with platform service providers, with the exception of taxi companies, the booking conditions available at https://oberdrive.com/booking-conditions/. For contracts for the provision of services with taxi companies, local laws and regulations for taxi services apply.

11. CANCELLATIONS, CHANGES TO YOUR BOOKING AND REFUNDS

Cancellations

11.1. The Client acknowledges that the right of withdrawal referred to in the Consumer Code is excluded for the transport services in question, since they are car rentals and/or, in any case, services relating to leisure activities whose contract provides for a specific date or period of performance.

11.2 Notwithstanding the foregoing, the Client has the right to cancel the Booking made in accordance with the cancellation policies.

Specifically, the Customer may request the cancellation of the Booking, without prior notice and without penalty, before 24 (twenty-four) hours prior to the date and time scheduled for the start of the transport service.

In the event that the Customer requests the cancellation of the Booking within 24 (twenty-four) hours prior to the date and time scheduled for the start of the transport service, the same will not be entitled to any refund.

11.3. T In order to proceed with the cancellation of the Booking, the Client must access his reserved area of the Platform and follow the procedure indicated on the Booking detail page, where he can always view both the amounts and the related forms of refund.

11.4. Only the Client may request the cancellation of the Booking, as the Passengers and/or third parties, even if authorised by the Client, have no right and/or right to do so.

Changes

11.5. The Client has the right to modify the Booking made as specified below.

The Client may request the modification of the Booking, without prior notice and without penalty, before 24 (twenty-four) hours prior to the date and time scheduled for the start of the transport service. It is understood that the Customer agrees to pay any additional fees due as a result of and depending on the modification request made (vehicle upgrade, night rate surcharge, etc.).

It is also understood that, in the event that there are no Carriers available to carry out the transport service as requested by the Customer following the request for modification, the Booking will not be modified and the Customer may proceed with the cancellation of the Booking as indicated in the “Cancellations” section.

The Client may also request the modification of the Booking within 24 (twenty-four) hours prior to the date and time scheduled for the start of the transport service. In this case, the Client acknowledges that the Carrier may charge a surcharge for the transport service to be carried out for the change request. In addition, it is understood that the Customer agrees to pay any additional fees due as a result of and depending on the modification request made (vehicle upgrade, night rate surcharge, etc.). The Client also accepts that, in the event of unavailability of the vehicle indicated at the time of Booking, the transport service may be carried out on a different vehicle, even of a lower type and/or category, and expressly waives any refund deriving from such change of the vehicle.

Finally, it is understood that, in the event that there are no Carriers available to carry out the transport service as requested by the Customer following the request for modification, the Booking will not be modified and the Customer will not have any right to reimbursement with respect to the amount already paid at the time of Booking.

11.6. To request a change to the Booking, the Client may contact the Carrier directly or may contact OberDrive, which will forward the request to the Carrier. OberDrive can be contacted at the following addresses:

• for changes to the itinerary, type of service and vehicle class, to Customer Service (by e-mail to the address: info@oberdrive.com; by phone at: +354 788 4202, via chat through APP / Web platform).
• for requests for the date and/or time of the transport, access your reserved area of the Platform and follow the procedure indicated on the Booking detail page.

11.7. In the event of a request to change the date/time of transport, the customer, by accessing his reserved area of the Platform and entering the detail page of the Booking, will always be able to check the progress status of the request: (waiting, confirmed and refused).

• Pending: The change request is being processed waiting to be confirmed or rejected;
• Confirmed: The change request has been accepted. In this case, the Booking will be automatically updated;
• Rejected: The change request has not been accepted by the Carrier in charge. In this case, OberDrive will, if feasible, identify a new Carrier available to perform the transport on the basis of the indications indicated by the Client at the time of the change request. It is understood that, in the event that there are no Carriers available to carry out the transport service as requested by the Customer following the request for modification, the Customer may proceed with the cancellation of the Booking as indicated in the “Cancellations” section.

11.8. Only the Client may request the modification of the Booking, as the Passengers and/or third parties, even if authorised by the Client, have no right and/or right to do so.

Refunds

11.9. Notwithstanding the foregoing, in the event that the Customer/Passenger does not show up at the place and time scheduled for the start of the transport service, he/she will not be entitled to any refund, even if the no-show is due to causes not attributable to the same (think, for example, of any flight and/or rail delays. In this case, the Customer is invited to request reimbursement from the airline and/or railway company responsible for such disservice).

11.10. Furthermore, no refund will be due to the Client in the event that, in the face of the request for any surcharge, determined by proven unforeseeable reasons, the latter refuses to pay such surcharge.

12. ROLE AND OBLIGATIONS OF OBERDRIVE

12.1. Following the conclusion of the OberDrive Contract, and therefore of the Booking Confirmation, OberDrive undertakes to carry out the Services with the required professionalism, diligence and expertise. In particular, OberDrive undertakes to:

• to carry out the intermediation of the transport services requested by the Client and, more specifically, to contact and identify the Carrier suitable to carry out the transport service requested in order to conclude, with the latter, the Contract of Carriage in the name and on behalf of the Customer;
• send to the Customer/Passenger the Notice of Carriage with which the same informs about the conclusion, or not, of the Contract of Carriage
• inform the Customer/Passenger about their actions.

12.2. OberDrive is also obliged to make the Platform and its functions available to the Clients, without, however, being responsible in any way for the use of the Platform by the Clients. In particular, the Client is expressly informed that the usefulness of the services made available, both free of charge and for a fee, depends on the use of the Platform by the Clients, for which OberDrive cannot in any way be responsible.

12.3. OberDrive will maintain the Platform and adapt it to new programming techniques and guarantee the security of the data and information on the Platform.

12.4. OberDrive undertakes to inform the Client about the operation of the Platform and assist him in case of need.

12.5. OberDrive does not sell and/or resell or offer any transport service and therefore assumes no responsibility for the Contract of Carriage and its correct execution. The Carriers are neither auxiliaries, nor employees nor subcontractors of OberDrive.

It is understood that the invoicing of the Transport services purchased will be the exclusive activity of the Carrier, which will issue the tax documents in favor of the Customer for the amount paid by the latter.

12.6. The Carrier is solely responsible for the sale of transport services and for the management of disputes with the Customer/Passenger concerning, but not limited to, issues relating to:

• the exercise of the right of withdrawal, where applicable;
• the Carrier’s unwillingness to guarantee the transport service;
• the failure and/or failure of the Carrier to respond promptly to communications via e-mail and/or telephone calls from the Customer/Passenger.

12.7. OberDrive does not and cannot control the conduct or performance of the Carrier and does not guarantee: (i) the existence, quality, safety, suitability or legality of any transport service; (ii) the truth or accuracy of any description of the transportation service; (iii) the security of the Customers’ computer system (hardware and software) or the files or documents contained therein, as a result of the following: a) the presence of a virus in the Customers’ computer system or in the mobile device used to connect to the content and services of the Platform; b) browser malfunction; c) use of outdated versions of the same.

12.8. In the event that, for any reason, OberDrive is unable to identify a Carrier that agrees to carry out the transport requested by the Client and/or, even if identified, the Carrier does not perform such transport, the Carrier will promptly inform the Client and will proceed with a full refund of the amount paid by the Client. It is understood that under no circumstances can OberDrive be held responsible, for any reason whatsoever, for any damage and/or prejudice suffered by the Customer and/or the Passenger as a result of the failure to conclude and/or execute the Contract of Carriage.

It is also understood that in the event that OberDrive has correctly provided the Services, no refund will be due to the Client.

12.9. OberDrive will inform the Client of any event that may occur during the performance of the Services, reserving the right to deviate from the instructions received, if such contingencies cannot be promptly communicated to the Client and reasonably believe that the latter would have given his approval. By way of example and not limited to, in the event of flight delays and/or rail transport indicated by the Client, OberDrive may modify, in agreement with the CARRIER, the pick-up time initially indicated by the Client, adapting it to the new arrival time of the means of transport on which the Customer/Passenger will arrive at the pick-up location.

12.10. OberDrive reserves the right to supplement the partial, omitted, incorrect and/or incomplete instructions provided by the Client, if the latter does not provide the same following a specific request by OberDrive, and this reasonably leads to the belief that the latter would have given his approval. Consider, for example, the following hypotheses:

– the Customer does not provide a valid address for pick-up/drop off, and does not respond to the Supplier’s requests for information. In this case, OberDrive may retrieve such information from a previous Booking and conclude a Contract of Carriage in the name and on behalf of the Client in this regard;

– the Customer indicates a different arrival time of the flight than the pick-up time. In this case, OberDrive may conclude the Contract of Carriage, in the name and on behalf of the Client, indicating to the Carrier the arrival time of the flight as the pick-up time.

12.11. OberDrive cannot in any way be held responsible for the illicit, illegitimate, mendacious, inaccurate content of the documentation and/or information provided by the Client, committing the Client to indemnify and hold harmless OberDrive from any request in this regard.

12.12. Except in the case of wilful misconduct or gross negligence, the Client shall not be entitled to compensation for damages or to the award of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the failure of the Platform and/or the Services offered by OberDrive.

12.13. OberDrive assumes no responsibility for content created or published on third-party sites with which the Platform has a hypertext link, OberDrive has no control over such links and is not responsible for the related contents of the relevant third-party sites.

12.14. OberDrive shall not be held liable for (i) losses that are not a consequence of the violation of the General Terms and Conditions of Service, (ii) any loss of business opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or expenses unnecessarily incurred), (iii) any other indirect or consequential loss, foreseeable or not by the Client at the time he started using the OberDrive Services.

12.15. In any case, no claim for compensation made against OberDrive may exceed the amount of the purchase price of the Services that generated the claim for damages.

12.16. The Supplier does not assume any obligation beyond those provided for in the General Terms and Conditions of Service and does not provide any guarantee regarding the services rendered or due on the basis of the same, including with regard to the results of such services or their compliance with a specific purpose.

12.17. The Supplier assumes no liability for any direct or indirect damage suffered by the Client or third parties in relation to the personal data processed by the Supplier in execution of the OberDrive Contract that has been acquired, processed and/or stored by the Client in a manner that does not comply with the General Data Protection Regulation EU 2016/679 (GDPR).

12.18. If the Client does not provide the Supplier, within a period appropriate to the nature of the relevant service, with the information requested by the latter, the Client waives the right to make any objections against OberDrive, considering it exempt from any liability in this regard.

12.19. The Supplier, as well as the Carrier in charge, assumes no responsibility for any delays and/or inefficiencies of any type of other carriers used by the Client (flights, trains, etc.). The Client waives the right to make any objections against OberDrive and/or the Carrier in charge, considering it exempt from any liability in this regard.

13. CUSTOMER OBLIGATIONS

13.1. The Client undertakes to use the Platform and the Services purchased on the Platform exclusively in accordance with these General Terms and Conditions of Service and the Booking Conditions, for lawful purposes and in any case without infringing the rights of OberDrive, the Carriers and/or third parties. The Client undertakes to indemnify the Provider, its employees or collaborators, from any claim for damages or claims made by third parties for acts or omissions by the user carried out during their interaction with the Platform or in relation to purchases of Services made through the Platform.

13.2. The Client declares that all the information provided is true, accurate and not misleading, undertakes to keep it as such and to promptly notify OberDrive of any violations. The Client expressly acknowledges that the information provided by him is essential for the execution of the OberDrive Contract and the Contract of Carriage and is solely responsible for omissions or for false, inaccurate, incomplete or omitted information. By way of example, the Client will be solely responsible in the event that, during the Booking process, he/she has:

– indicated an incorrect pick-up/destination location and/or, in any case, having an incorrect location;

– indicated an incorrect and/or, in any case, approximate pick-up time;

– Failure to indicate specific needs and/or instructions (Passengers with reduced mobility, presence of children, animals, luggage in a number greater than one per Passenger..).

13.3. For the purpose of providing the Services, the Client is obliged to provide OberDrive with all the material and information necessary also in order to allow the execution of the OberDrive Contract in the best possible way, guaranteeing that it has the ownership and/or authorizations to process and/or produce such documentation and/or information, as well as for the use of personal information. The documentation in question must not violate in any way, in whole or in part, the rights of Passengers, the rights of third parties, intellectual or industrial property rights, other mandatory regulations, public order, morality and legal provisions in general. In the event of a breach of this point, OberDrive reserves the right to terminate the OberDrive Contract, without prejudice to the right to compensation for all damages suffered.

13.4 The Client shall be solely responsible for the provision of such documents and information and agrees to indemnify OberDrive, any partners, collaborators and/or employees from any liability that may be attributed to it in relation to any injury or damage suffered by Passengers, Carriers and/or third parties.

13.5. By accessing and/or using the Platform, the Client declares that he/she (i) has all the powers to use the Services offered by OberDrive; (ii) have all the authorizations, licenses, rights and/or permissions to use and/or enter the information required for the purpose of using the services offered by OberDrive, also in relation to the subsequent activities of conclusion of the Contract of Carriage. Any detrimental consequence, of any nature, that may result from the violation of the warranty obligation contracted with this point, will remain the responsibility of the Client, with the express obligation, on the part of the latter, to indemnify OberDrive from any damage, claim, claim, from whomever they come.

13.6. The Client undertakes to fulfill its obligations with loyalty and in good faith, committing itself to observe the rights of OberDrive. It also undertakes to carry out any act and/or to sign any document requested by the Carrier and/or by anyone on its behalf for the aforementioned purpose and, more generally, undertakes to collaborate and not to oppose and/or hinder in any way the performance of the Services by OberDrive, being aware of the fact that,  Its cooperation is necessary for this to be carried out.

13.7. The Client is required to fully indemnify and indemnify OberDrive, protecting it against any liability, costs, expenses, damages, claims and legal proceedings that OberDrive may incur as a result of any complaint and/or claim made by the Passengers and/or Carriers with reference to any alleged and/or proven breach of contract, pre-contractual and/or non-contractual performance carried out by the Client towards them.

13.8. The Client undertakes not to appoint subjects other than OberDrive for the performance of the Services.

13.9. The Client authorizes OberDrive to credit his/her current account and, in any case, to collect the sums due for the transport services requested and, subsequently, to credit the Carrier’s current account net of the amount accrued for the Services carried out by OberDrive.

13.10. In the event that one or more Passengers are children, the Client is required to request, during the Booking process, the relevant equipment (child seats, child or booster seat), which will be provided free of charge (in the size of one child or booster seat per child). Otherwise, OberDrive and the Carrier are not obliged to provide, respectively, the Services and related transport services in favor of the Customer/Passenger, no refund will be due and, in any case, the latter will not be responsible for any damage suffered by the Customer and/or Passenger. It is also understood that, in the absence of availability of the required equipment, the Client will in any case be obliged to pay the amount due if the Customer/Passenger agrees, in any case, to carry out the transport.

13.11. In the event that the Client requests that the transport service be carried out in favour of persons with motor disabilities and/or in conditions, of any kind, such as to require special vehicles and/or, in any case, equipped with specific equipment (by way of example, vans with ramps), the same must indicate this need at the Booking stage and/or,  in any case, you are required to contact OberDrive before the Booking.  Otherwise, OberDrive and the Carrier are not obliged to provide, respectively, the Services and related transport services in favor of the Customer/Passenger, no refund will be due and, in any case, the latter will not be responsible for any damage suffered by the Customer and/or Passenger.

13.12. In the event that the Client requests that the transport service be carried out in favour of animals, where permitted by the laws and regulations in force in the place of transport, the Client must indicate this need at the Booking stage and/or, in any case, is required to contact OberDrive before the Booking. It is understood that the Customer/Passenger must have a special container for the transport of such animals. Otherwise, OberDrive and the Carrier are not obliged to provide, respectively, the Services and related transport services in favor of the Customer/Passenger, no refund will be due and, in any case, the latter will not be responsible for any damage suffered by the Customer and/or Passenger.

13.13. Each Passenger has the right to take with him/her, free of charge:

– a small object (laptop, camera bag, small shoulder strap, etc.) inside the passenger space, as well as,

– Medium-sized baggage weighing no more than 20 kg, to be placed in the luggage compartment.

For safety reasons and/or specific local regulations, it is forbidden to place luggage inside the space reserved for passengers. For this reason, all luggage must be placed in the luggage compartment.

We suggest that you select the class of the vehicle based on the number of passengers and the amount of luggage.

In the event that the Client requests the carriage of luggage in addition to the limit indicated above, he/she must indicate this at the Booking stage (indicating the number of bags and their description) and/or, in any case, he/she is required to contact OberDrive before the Booking. Otherwise, OberDrive and the Carrier are not obliged to provide, respectively, the Services and related transport services in favor of the Customer/Passenger, no refund will be due and, in any case, the latter will not be responsible for any damage suffered by the Customer and/or Passenger.

13.14. In the event that the Client, due to the number and/or volume of luggage, chooses, at the time of Booking, a vehicle with a capacity greater than the number of Passengers to be transported, the Client must indicate the reason for this at the Booking stage in the “notes for the driver” field and/or, in any case, is required to contact OberDrive before the Booking. Otherwise, OberDrive and the Carrier in the execution of the Services and related transport services will be based on the number of Passengers indicated by the Client and may, respectively, mediate and perform the transport with reference to a vehicle that guarantees the transport of Passengers, without taking into account the request, by the Customer, of a vehicle with a greater capacity.

13.15. The Client undertakes to inform the Passengers for whom he/she makes the Booking about the General Terms and Conditions of Service, the Privacy Policy and the Booking Conditions, ensuring that all Passengers accept them. Otherwise, the Client will be held liable for all damages and/or prejudices that may arise for OberDrive.

13.16. The Client acknowledges that the Carrier shall only be liable for damage caused intentionally or by gross negligence by the Carrier, their employees and/or vicarious agents, in the event of wilful reticence with regard to defects, express warranties or for damages resulting from personal injury (to life, body and health). The Carrier shall be liable for other damages only in the event that they derive from the breach of an obligation on the fulfilment of which the performance of the Contract of Carriage depends and on the respect of which the Customer/Passenger has a legitimate expectation. The obligation to pay damages is limited to those damages that are typical of the contract and foreseeable. This is without prejudice to the liability under the Product Liability Act.

13.17. Taxi company carriers are liable under applicable regulations.

13.18. The Customer/Passenger undertakes to contact the Carrier in the event of a missed and/or delayed meeting at the pick-up location and at the agreed time.

13.19. The Customer/Passenger undertakes to notify OberDrive, no later than 15 minutes before the scheduled pick-up time, and in any case without delay, of the failure and/or incorrect execution by the Carrier of the transport service. Should the Customer/Passenger inform OberDrive of such event with culpable delay, and such delay should result in prejudice to OberDrive, the latter reserves the right to deny a full refund of the amount paid by the Customer.

14. CANCELLATION BY OBERDRIVE

14.1. The Supplier reserves the right to cancel Bookings made by the Client in the event of Customers involved in fraud relating to credit card payments and/or Customers who have provided identification and/or transport service data (such as, but not limited to, non-compliant route or incorrect mileage) to be carried out which later turn out to be false,  incomplete or inaccurate.  In this case, no refund will be due to the Client and the latter will also be required to compensate for any consequent damage suffered.

15. PRIVACY E COOKIE POLICY

15.1. For the information regarding the processing of personal data carried out by the Platform, we invite you to read the Privacy Policy.

15.2. For the information relating to cookies, i.e. small text files that allow information on visitors’ preferences to be stored in order to improve the functionality of the Platform, to simplify navigation by automating procedures and for the analysis of the use of the Platform, please read  the Cookie Policy.

16. UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE

16.1. OberDrive declines all responsibility for any failure to comply with its contractual obligations, including in relation to its information obligations, in the event of unforeseeable circumstances or force majeure, by way of example but not limited to, acts of war or terrorism, strikes, states of emergency at national or local level, failure of transport infrastructures, interruptions in the supply of electricity or other utilities,  earthquakes, other natural disasters.

17. ENTIRETY

17.1. The premises and annexes, even if not materially, to these General Terms and Conditions of Service, form an integral and substantial part of the same, also in order to better specify the mutual obligations assumed by the Parties.

17.2. Any nullity and/or ineffectiveness and/or cancellation of any of the provisions of these General Terms and Conditions of Service shall not affect the validity of the same, nor of the other applicable conditions.

17.3. If a limitation, exclusion, restriction or other provision contained in these General Terms and Conditions of Service is deemed null and void or annulled for any reason by a Judge and the Supplier is consequently liable for loss or damage, in the event of slight negligence the damage that can be compensated may never exceed the total contract value.

18. CUSTOMER SERVICE AND COMPLAINTS

18.1. To obtain information, transmit communications, request assistance or submit complaints, the Client may contact Customer Service by e-mail at info@oberdrive.com.

18.2. OberDrive will respond to complaints as soon as possible and in any case within 1 working day from receipt of the same.

19. REVIEWS

19.1. The reviews published on the Platform are collected through the OberDrive Review page,  to whose policy reference should be made to better understand the origin of the reviews and the activities that we can and cannot carry out on them.

20. POSITIONING

20.1. For the search by the Customers of the Services and related transport services, OberDrive shows the search results based on a predefined positioning. The algorithm used for this predefined placement order gives relevance to the price per ascending order and to the category of the vehicle chosen at the time of booking for transport.

21. APPLICABLE LAW AND JURISDICTION, ALTERNATIVE DISPUTE RESOLUTION

21.1. For anything not expressly provided for in these General Terms and Conditions of Service, express reference is made to the provisions of the Civil Code and to the applicable laws in force. If, according to current legislation, the Customer falls within the category of “consumer”, the provisions of Legislative Decree no. 206 of 6 September 2005, the so-called “Consumer Code”, shall apply to him/her, with the exception of the provisions relating to distance contracts and contracts negotiated away from business premises.

21.2. Pursuant to Article 14 of Regulation (EU) No. 524/2013, all consumers are hereby informed pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (the so-called O.D.R. platform) has been established The O.D.R. platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/

21.3. Unless otherwise provided for by applicable law, the parties undertake to resort to mediation before initiating any legal proceedings concerning any dispute arising or in any way connected with the use of the Platform, the Services, these General Terms and Conditions of Service and the Booking Conditions, including those relating to its interpretation, validity, effectiveness, execution and termination.

21.4. To this end, the parties may refer the matter to the Chamber of Commerce Arbitrator / Azienda Speciale Sviluppo e Territorio of the Chamber of Commerce of Rome, with registered office in Via dé Burrò n. 147, 00186 Rome (Tel. 06.6787758 and 06/69797165 – Fax 06.69922473 – e-mail: segreteria@arbitracamera.it), in accordance with the relevant regulations, which the parties declare to know and accept in full.

21.5. Any dispute that may arise between the Parties regarding the execution, interpretation and termination of this contract, and which the Parties are unable to resolve out of court or with the help of the mediation referred to in the previous point, will be referred to the exclusive cognizance of the Court of Catania, recognized and declared as the only competent Judge,  except in cases in which the Customer is attributable, according to the provisions of Legislative Decree no. 206 of 6 September 2005, the so-called “Consumer Code”, to the category of “consumer”, in which case the jurisdiction will be of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.