Terms of Use and General Terms of Service

Issue of March 1st 2024

Please note: The English translation of the Transfeero Terms and Conditions is provided for the convenience of our non Italian-speaking customers. Regardless of this, only the original Italian-language version, which can be viewed after the English one,  is legally binding.

The www.transfeero.com website  and the Transfeero App are the property of SICILY ACTION S.r.l., with registered office in San Giovanni La Punta (CT), Via Fiuggi snc, CAP 95037, VAT no. IT05304190878 REA: CT-357256 – Fully paid-up share capital € 10,000 – Travel Agency duly authorized to operate by the Department of Tourism, Sport and Entertainment with License n° 3451S7 – holder of insurance policy no. 78898681 issued by Allianz S.p.A..

Any information, support, request or complaint can be forwarded to Customer Service

by e-mail to the following address: [email protected]
by phone : +39 0694505426 (Italy), +44 2045869665 (United Kingdom), +61 1300297730 (Australia), +1 9294163724 (United States), +1 5622693528 (United States), +1 3656546440 (Canada)
by fax to: +39 0958880193
via chat through APP / Web platform

Terms of Use of our Platform

USE OF THE PLATFORM

By using the Platform, you agree:

to use it exclusively for lawful activities;
not to make false or fraudulent requests; if there are plausible reasons to believe that these are requests of this nature, the Data Controller reserves the right to cancel the request and inform the competent authorities;
provide your email address, postal address and/or other contact details correctly and truthfully. Likewise, the user consents to the use of this information to execute the request (privacy policy).

If you do not provide the information in full, it will not be possible to follow up on your request.

The Owner is not responsible for any inconvenience or damage resulting from the use of the Internet, including interruption of service, external intrusions or the presence of viruses or any other incident of force majeure.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The domain name of the Platform is the property of SICILY ACTION S.r.l.. The Platform and its elements are the exclusive property of SICILY ACTION S.r.l., the only one to own the rights to use and exploit the trademark.

The Platform as a whole, as well as its individual elements (photographs, texts, videos, logos, etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Copyright Law.

Any total or partial reproduction, download, modification or use of the trademark, videos, logo, and any other element present on this site, for any reason and on any medium, is strictly prohibited without the prior written consent of the respective owners.

General Terms and Conditions of Service

PREMISE

These general terms and conditions of service (hereinafter “General Terms and Conditions of Service”) govern the contractual relationship between SICILY ACTION S.r.l. – which carries out professional activities concerning, among other things, the intermediation of transport contracts through the Platform relating to transport, chauffeur, mobility and logistics services – and the Customer.

The Client intends to make use of the services offered by SICILY ACTION S.r.l., under the terms and in the manner specified below.

The premises and Terms of Use of our Platform are an integral part of these General Terms and Conditions of Service.

Please read them carefully and print them out and/or save them on another accessible durable medium. We also ask you to carefully consult the privacy policy and the cookie policy.

SICILY ACTION S.r.l. undertakes to make these documents always usable and up-to-date. They may be modified or updated at any time and the user undertakes to read them before placing any order.

DEFINITIONS

In order to ensure clarity and effectiveness in understanding these terms and conditions, the following definitions will be used in this contractual document. Please note that the definitions will be used indiscriminately for the singular and plural.

1.1. “SICILY ACTION”, “Data Controller” or “Supplier”: The Company SICILY ACTION S.r.l., with registered office in Giovanni La Punta (CT), Via Fiuggi snc, CAP 95037 – San G. La Punta (CT), P.IVA IT05304190878 REA: CT-357256 – Fully paid-up share capital € [10.000] – Travel Agency duly authorized to operate by the Department of Tourism, Sport and Entertainment with License n° 3451S7 – holder of insurance policy no. 78898681 issued by Allianz S.p.A., in the person of its pro tempore legal representative, owner of the TRANSFEERO brand and the Platform.

1.2. “Account”: In order to use many functions of the Platform, Clients must register an Account This represents the set of the Client’s identification data, including personal and business data, which allow them to access and use the aforementioned functions.

1.3. “Customer”: the subject, natural and/or legal person, who requests the provision of the Services covered by these General Terms and Conditions of Service for himself or for the Passenger. Unless otherwise specified, the Client is acting in his/her capacity as a Passenger.

1.4. “General Terms and Conditions of Service”: this contractual document that governs the contractual relations between the Parties. This distance contract is governed, among other things, by Legislative Decree no. 70 of 9 April 2003, containing the rules on electronic commerce.

1.5. “Booking Conditions”: means the special conditions relating to the Transfeero Contract and the Contract of Carriage. This contractual document can be accessed at the following link: https://www.transfeero.com/en/booking-conditions/

1.6. “Transfeero Contract”: means the contract concluded between the Supplier and the Customer concerning the Services.

1.7. “Contract of Carriage”: means the contract concluded between the Client and/or Passenger and the Carrier, through the intermediation carried out by the Supplier, concerning the transport services requested by the Customer.

1.8. “Privacy Policy”: The information provided pursuant to art. 13 of EU Reg. 679/2016 (GDPR) with which SICILY ACTION informs and specifies the methods of collection, management and processing of the personal data of Customers and Passengers.

1.9. “Parties”: SICILY ACTION and the Client jointly defined.

1.10. “Passenger” means the final person who will benefit from the carriage. This may or may not correspond to the Customer who has physically purchased the Services. If different from the Customer, the Passenger declares that he/she has been authorized by the Customer to request and obtain amendments to the Contract of Carriage.

1.11. “Platform”: the on-line computer portal owned and managed by SICILY ACTION, accessible on-line at the web address https://www.transfeero.com, where Customers can request the Services offered by SICILY ACTION. The definition of Platform also includes the Transfeero App and the other applications and/or services offered by SICILY ACTION.

1.12. “Booking”: represents the proposal for the purchase of the Services made by the Client through the Platform and to be sent by completing the booking procedure described below.

1.13. “Services”: the services offered by SICILY ACTION for the intermediation of transport services and governed by these General Terms and Conditions of Service. The Services include the intermediation of local transfers (city rides, e.g. from one accommodation facility to another accommodation facility) and airport transfers (to or from the airport, port or railway station) from a specific point of departure to a specific destination or from a certain point of departure without a defined destination. The Services also include hourly bookings (provision of a vehicle with driver for a certain period of time).

1.14. “Carrier”: means the professional or transport company, transport service provider appointed by the Client by virtue of the Contract of Carriage concluded between the latter and the Carrier, which carries out the transport service. All Carriers are partners of SICILY ACTION by virtue of a partnership contract signed between them and the Supplier.

OBJECT OF THE TRANSFEERO CONTRACT AND SERVICES OFFERED

2.1. SICILY ACTION offers Customers, at their request, the Services, as better defined in Article 1 and specified in these General Terms and Conditions of Service and the Booking Conditions.

2.2. In particular, following the Client’s Booking, SICILY ACTION will proceed – in the name and on behalf of the Client – to mediate the transport of persons and luggage to a Carrier as requested by the Client.

2.3. Unless otherwise agreed between the parties, SICILY ACTION’s obligation to provide the requested Services is an obligation of means and not of results and, therefore, is never subject to an evaluation in terms of performance and/or results achieved.

2.4. These General Terms and Conditions of Service do not regulate the sale of products or the provision of services made by third parties who use direct links to the Platform through  banners or other hyperlinks/links. On the websites that can be consulted through these links, SICILY ACTION does not carry out any type of control/monitoring. Therefore, under no circumstances can SICILY ACTION be held liable for the goods or services promised by third parties or for the execution of transactions between Platform Passengers and third parties.

2.5. These General Terms and Conditions of Service may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication in the appropriate section of the Platform. For this reason, users are invited to consult, before making any request, the most up-to-date version of the General Terms and Conditions of Service. The General Terms and Conditions of Service applied are those in force on the date of submission of the request. The Customer is required to carefully read these General Terms and Conditions of Service, which are allowed to be stored, reproduced and printed on a durable medium, as well as all other information provided, before and during the purchase procedure.

AVAILABILITY OF THE SERVICE

3.1. The provision of the Services on the Platform may be temporarily suspended, without prior notice, for the time strictly necessary for the necessary and/or appropriate technical interventions on the Platform.

3.2. SICILY ACTION may, at any time, interrupt the provision of the Services if there are justified security reasons or breaches of confidentiality.

3.3. SICILY ACTION reserves the right, in any case, not to accept Bookings, from anyone coming from, which are anomalous in relation to the quantity or frequency of purchases made on the Platform. SICILY ACTION also reserves the right not to accept orders from a) Customers with whom there is an ongoing legal dispute; b) Customers involved in fraud related to credit card payments; c) Customers who have provided identification data that later turns out to be false, incomplete or inaccurate.

REGISTRATION, REGISTRATION AND DELETION FROM THE PLATFORM

4.1. By accessing and/or using the Platform, the Client declares, in relation to the subject matter of the General Terms and Conditions of Service, that he/she has the capacity to act in accordance with the legislation of his/her state of residence, and that he/she has reached the legal age of 14 years to register an Account and browse the Platform (except as otherwise provided for by the legislation of his/her State of reference),  and, in the case of searching, booking and purchasing Services – services for which the Customer is required to be of legal age – to have reached the legal age of 18 years (except as otherwise provided for by the legislation of your State of reference). A minor Customer may not use this Service except through a parent or guardian.

4.2. In order to use certain services of the Platform, the Client must register on the Platform and create an Account by providing all the data, including personal and/or business data, required by the registration procedure on the same, as well as have a valid payment method accepted by the Platform to complete purchases, pursuant to Article 8.

4.3. In particular, depending on whether the Client accesses the Platform through the website or the app, the Client, in order to purchase the Service, is obliged to register on the Platform, following the following guided registration procedure:

WEBSITE

In the event that the Customer has a Google or Apple account, he/she can connect to the following link https://account.transfeero.com/ and, once authenticated, by entering his/her Google or Apple account credentials:

confirm and/or change his/her name, surname, telephone number and e-mail, and select the chosen language, within the appropriate fields of the form;
during the guided procedure, the Client must declare that he/she has read these General Terms and Conditions of Service and the Privacy Policy, and expressly accept such contractual documentation with “opt-in” consent in order to complete the registration;
at the end of the registration wizard, if all the fields have been correctly filled in and the General Terms and Conditions of Service have been accepted, the Client can click on “CREATE ACCOUNT” to send the registration form to SICILY ACTION;

In the event that the Customer does not have a Google or Apple account, the same must follow the registration procedure that is proposed during the purchase phase of a Service, without prejudice to the completion and submission of the form as indicated above. In this regard, for anything not specified here, please refer to Article 5.3.

Once the form has been received, SICILY ACTION will verify the accuracy and completeness of the data entered and, if necessary, will contact the Client for any clarifications, information and/or additional documents.

SICILY ACTION will send the Client an e-mail through which it will inform the latter of the outcome of the registration and, in the event that the registration procedure has been successful, will approve the Account.

In the event that the Client has proceeded to create the account when purchasing a Service, the above e-mail will be sent after the creation of the Order. In the case in question, SICILY ACTION with this e-mail will provide the Client with the credentials (e-mail and password) to access the Platform.

APP

In the event that the Client accesses the Platform through the app, in order to use the same:

the Client must enter his/her name, surname, telephone number and e-mail, indicate a password of his/her choice and select the chosen language, within the appropriate fields of the form;
during the guided procedure, the Client must declare that he/she has read these General Terms and Conditions of Service and the Privacy Policy, and expressly accept such contractual documentation with “opt-in” consent in order to complete the registration;
at the end of the registration wizard, if all the fields have been correctly filled in and the General Terms and Conditions of Service have been accepted, the Client can click on “CREATE ACCOUNT” to send the registration form to SICILY ACTION;

Once the form has been received, SICILY ACTION will verify the accuracy and completeness of the data entered and, if necessary, will contact the Client for any clarifications, information and/or additional documents.

SICILY ACTION will send the Client an e-mail through which it will inform the latter of the outcome of the registration and, in the event that the registration procedure has been successful, will approve the Account.

4.4. The registration procedure will be considered valid and completed upon completion of the registration confirmation e-mail and, from that moment, the Client will be able to access his Account.

4.5. Specifically, the Client will have its own reserved area within the Platform where, among other things, it will be able to:

– check, amend and/or cancel your Booking;

– have access to the receipt of payment for the Booking;

– have access to the invoice that may be requested at the time of booking and issued by the local supplier;

– view, starting from 24 hours prior to the date of commencement of carriage, the details of the Carrier in charge of transport;

– Have access to the voucher (booking confirmation).

4.6. All data provided will be processed and used by the Platform in accordance with the regulations in force and the Privacy Policy.

4.7. The Account and its access credentials are unique and personal and may therefore not be communicated, used and/or transferred to third parties. You agree to be responsible for all activities that occur under your Account and password.

4.8. The Client has the right to change the password for access to the Platform at any time, through his reserved area or through the standard “Reset Password” procedure made available by the Platform for all Clients at the following link: https://www.transfeero.com/en/lost-password/.

4.9. Customers are responsible for the truthfulness, completeness and accuracy of the personal and/or business data they enter and are required to immediately communicate any correction and/or updating of such data. In no way can SICILY ACTION be held responsible for the truthfulness, completeness and accuracy of the data provided by the Customers and, more generally, for the identity of the same.

4.10. The Client undertakes to immediately inform SICILY ACTION by e-mail to the address [email protected] in the event that his/her credentials are about to be, or have already been used without his/her authorization. Under no circumstances can SICILY ACTION be held liable for costs, expenses or damages incurred by the Client for the loss and/or unauthorized use of his/her credentials not communicated promptly. To this end, the Client expressly acknowledges that, in order to suspend the Account, SICILY ACTION needs (1-7) working days, starting from the receipt of the Client’s communication regarding the loss and/or unauthorized use of their credentials.

4.11. SICILY ACTION reserves the right to verify, directly or through persons appointed by it, the Accounts of the Customers registered on the Platform, as well as the truthfulness, completeness and/or accuracy of the data provided by them.

4.12. Customers may request, at any time and without giving reasons, the cancellation of their Account through the appropriate “delete my account” tab  on the Platform or by sending an e-mail to the address [email protected] or a written request to “Sicily Action S.r.l.” located in Via Fiuggi snc – San Giovanni La Punta (CT), CAP 95037 Italy”.

4.13. Without prejudice to the provisions of these General Terms and Conditions of Service, SICILY ACTION reserves the right to cancel a Client’s ACCOUNT at any time and without giving reasons, when the Client does not use the services on the Platform for a consecutive period of 24 (twenty-four) months, with at least 7 (seven) days’ notice,  giving written notice to the Client to be sent by e-mail to the address provided by the same during registration.

PROCEDURE FOR SUBMITTING THE RESERVATION AND CONCLUDING THE TRANSFEERO 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, SICILY ACTION informs Customers that:

– The contract between SICILY ACTION 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: Italian, English, French, Spanish and German, 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 Transfeero 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 SICILY ACTION, 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:

a. The Client must access the homepage of the Platform on the following page https://www.transfeero.com;
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 SICILY ACTION 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 SICILY ACTION 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.

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);
the Booking will be deemed to have been sent when SICILY ACTION 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 Transfeero 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 Transfeero 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 SICILY ACTION 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 SICILY ACTION at the e-mail address [email protected].

5.7. Since the Booking is merely a proposal to request the Services, the Transfeero 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 SICILY ACTION, which reserves the right, at its own discretion, to refuse the same, even in cases where:

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);
b) an error has occurred on the Platform.

5.9. Pursuant to Article 12 of Legislative Decree 70 of 2003, SICILY ACTION 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 SICILY ACTION by writing to the e-mail address [[email protected]].

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. SICILY ACTION 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://help.transfeero.com/en/articles/8578520-list-of-vehicles

6.2. Following the conclusion of the Transfeero Contract, and therefore of the Booking Confirmation, SICILY ACTION 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, SICILY ACTION 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, SICILY ACTION 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, SICILY ACTION 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. SICILY ACTION 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 Transfeero Contract will be considered terminated, and if the relevant amount has already been paid, SICILY ACTION 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.

DURATION OF THE TRANSFEERO CONTRACT

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

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

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

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.

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://www.transfeero.com/en/booking-conditions/. For contracts for the provision of services with taxi companies, local laws and regulations for taxi services apply.

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 SICILY ACTION, which will forward the request to the Carrier. SICILY ACTION 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: [email protected]; by phone at: +39 0694505426 (Italy), +44 2045869665 (United Kingdom), +61 1300297730 (Australia), +1 9294163724 (United States), +1 5622693528 (United States), +1 3656546440 (Canada); by fax to: +39 0958880193; 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, SICILY ACTION 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.

ROLE AND OBLIGATIONS OF SICILY ACTION

12.1. Following the conclusion of the Transfeero Contract, and therefore of the Booking Confirmation, SICILY ACTION undertakes to carry out the Services with the required professionalism, diligence and expertise. In particular, SICILY ACTION 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. SICILY ACTION 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 SICILY ACTION cannot in any way be responsible.

12.3. SICILY ACTION 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. SICILY ACTION undertakes to inform the Client about the operation of the Platform and assist him in case of need.

12.5. SICILY ACTION 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 SICILY ACTION.

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. SICILY ACTION 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, SICILY ACTION 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 SICILY ACTION 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 SICILY ACTION has correctly provided the Services, no refund will be due to the Client.

12.9. SICILY ACTION 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, SICILY ACTION 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. SICILY ACTION 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 SICILY ACTION, 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, SICILY ACTION 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, SICILY ACTION 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. SICILY ACTION 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 SICILY ACTION 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 SICILY ACTION.

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

12.14. SICILY ACTION 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 SICILY ACTION Services.

12.15. In any case, no claim for compensation made against SICILY ACTION 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 Transfeero 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 SICILY ACTION, 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 SICILY ACTION and/or the Carrier in charge, considering it exempt from any liability in this regard.

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 SICILY ACTION, 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 SICILY ACTION of any violations. The Client expressly acknowledges that the information provided by him is essential for the execution of the Transfeero 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 SICILY ACTION with all the material and information necessary also in order to allow the execution of the Transfeero 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, SICILY ACTION reserves the right to terminate the Transfeero 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 SICILY ACTION, 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 SICILY ACTION; (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 SICILY ACTION, 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 SICILY ACTION 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 SICILY ACTION. 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 SICILY ACTION, 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 SICILY ACTION, protecting it against any liability, costs, expenses, damages, claims and legal proceedings that SICILY ACTION 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 SICILY ACTION for the performance of the Services.

13.9. The Client authorizes SICILY ACTION 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 SICILY IN ACTION.

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, SICILY ACTION 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 SICILY ACTION before the Booking.  Otherwise, SICILY ACTION 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 SICILY ACTION before the Booking. It is understood that the Customer/Passenger must have a special container for the transport of such animals. Otherwise, SICILY ACTION 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 SICILY ACTION before the Booking. Otherwise, SICILY ACTION 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 SICILY ACTION before the Booking. Otherwise, SICILY ACTION 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 SICILY ACTION.

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 SICILY ACTION, 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 SICILY ACTION of such event with culpable delay, and such delay should result in prejudice to SICILY ACTION, the latter reserves the right to deny a full refund of the amount paid by the Customer.

CANCELLATION BY SICILY IN ACTION

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.

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.

UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE

16.1. SICILY ACTION 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.

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.

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 [email protected].

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

REVIEWS

19.1. The reviews published on the Platform are collected through the SICILY ACTION Trustpilot 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.

POSITIONING

20.1. For the search by the Customers of the Services and related transport services, SICILY ACTION 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.

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: [email protected]), 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.