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 is legally binding.
This document presents and determines the contractual relationship between you or the customer and « Sicily Action S.r.l. » located in Via Roma 114 – San Giovanni La Punta (CT), CAP 95037, [email protected], with regular Authorization issued by the Sicily Region Tourism, Sports and Entertainment Department D.D.S. License n ° 3451S7 and Insurance Policy number 78898681 issued by Allianz S.p.A.
Field of application. These General Terms and Conditions govern (i) the access and use of this website and the Transfeero « transfeero app » mobile application and other content, websites, applications, products and services (hereinafter collectively indicated with « Platform ») made available or carried out by Sicily Action SRL for the mediation of contracts relating to chauffeur services, mobility and logistics (« services ») through the platform or associated websites, by phone or email with the service providers ( « Service providers »), and for the content of the mediation of contracts. Linked sites are those websites, mentioned in the 1st sentence, used by Transfeero for the intermediation of service supply contracts.
What is Transfeero. Transfeero acts as an intermediary for service supply contracts (« service supply contracts »), entered into between the user and the service providers.
Members. Pursuant to these GTC, « users » means the natural or legal persons who use the platform with or without registration on Transfeero for the use of the services or platform. The registration and stipulation of contracts for the supply of services via the platform are allowed only to natural persons who are not limited in their legal capacity, by legal persons and partnerships. The registration and stipulation of a contract for the supply of services via a platform for or by a legal person or a company can only be carried out by a natural person with power of attorney, to be identified by name.
Who are the service providers. The service providers are professionals or transport companies registered for the use of the platform (« platform service providers »).
Type of services. Services include one-way transfers (transfer from a certain starting point to a certain destination or transfer from a specific starting point without a defined destination) and hourly reservations (provision of a vehicle with driver for a specific period of time).
Acceptance of the General Contract Conditions. By accessing the platform or following registration or use of the platform, the user accepts the validity of these GTC. Therefore, please read these GTC carefully before accessing the platform, registering or using it.
Modification of the General Conditions of Contract. Transfeero reserves the right to make changes to these GTC which will be published here. The changes will be part of the contract, upon acceptance of the same by the user. To this end, it is sufficient for Transfeero to inform the user of the new version of the CGC using the e-mail provided by the same for communications. In the event that the user does not object to the changes to the GTC within four weeks, the consent will be valid as given. In the email used to communicate the new version of the GTC, Transfeero will inform the user of the possibility of opposing the change and the meaning of the four-week deadline.
Non-application of the user’s terms and conditions of contract. The user’s terms and conditions of contract are not applicable, even without the explicit opposition by Transfeero to their inclusion.
Contract language. The contractual language is Italian
Availability of these GTC. The current version of the GTC is always viewable and users are also authorized to print or save electronic copies.
Data protection. Transfeero and the service providers collect and store the personal data necessary for the processing of commercial transactions, respecting the legal requirements during the processing of personal data. Transfeero’s data protection information is available here.
Registration procedure. Registration on the platform is optional and free. To complete the registration procedure, the user is required to provide certain data (e.g. name and surname, e-mail). In case of online registration request. Transfeero reserves the right to accept or reject a registration request without making any registration claim. In the event that you accept the request, Transfeero will inform the user by e-mail to the e-mail address provided and will generate an account for the user. The confirmation of registration will be filed by Transfeero, however it will no longer be visible and accessible to the user through the platform.
Accuracy of data. The user is required to maintain the accuracy, topicality and completeness of the data in his account. Any failure to comply with the commitment to keep the account data accurate, up-to-date and complete may determine the impossibility for the user to access and use the services, or the termination of this contract by Transfeero.
The user is required to keep the password secret. It is not authorized to allow third parties to use their user account. As soon as the user becomes aware of or has reason to believe that a third person is accessing his account data or that he has otherwise accessed or can access his user account, he is required to immediately communicate it to Transfeero. Transfeero therefore has the right to block the user account until the matter has been clarified.
Responsibility for improper use of the user account. The user responds to Transfeero for all actions carried out using the user account, except in the event that the user is not responsible for such improper use.
Withdrawal. Registration has an indefinite duration. The user can cancel the registration at any time, and without notice, by means of a written declaration to be sent by email or by hand delivery to the address: « Sicily Action S.r.l. » located in Via Roma 114 – San Giovanni La Punta (CT), ZIP code 95037 Italy, or by e-mail from the address associated with the user account: [email protected] In addition, Transfeero may cancel the registration of a user at any time and without notice by notifying the email address associated with the user account by email.
Contractual relationship. Transfeero allows users to organize and plan services with Service Providers. Transfeero acts as an intermediary for contracts for the supply of services that are entered into directly between the user and the service provider. Therefore, users have the right to file complaints against service providers directly. The user acknowledges that Transfeero operates exclusively as an intermediary or broker and not as a service provider. The user has no right to training and brokerage of service supply contracts.
Stipulation of service supply contracts. Service supply contracts between the user and service providers are entered into via the platform as follows:
Presentation of the booking request. First, the user indicates the service he needs (e.g. one-way trip or hourly booking) and completes the booking form on the platform. The estimated price or price of the service is then indicated for the individual categories of reservations available. An estimated price is displayed if it is calculated based on individual factors such as time and distance. The user then selects a booking category and confirms the payment method, enters the billing and contact details in relation to the service to be performed. The user can then check and correct the data entered in his request for services (« booking request ») before sending the request by clicking on the « BOOK NOW AND PAY » button (or a button with a similar indication).
Formation of a contract for the supply of services.
Formation of a service supply contract with a platform service provider. When a user sends a booking request via platform, by phone or by e-mail to Transfeero for services that are provided by a platform service provider, the user makes a proposal to enter into a service supply contract with a Service provider. Upon receipt of a booking request, Transfeero sends the user an e-mail confirming receipt of the booking request and the data indicated therein. With the exception of the case where the service provider is a taxi company, the contract for the supply of services between the user and the service provider is concluded only when Transfeero sends another declaration (« travel data »), for e-mail, just before the trip, containing the name and contact details of the selected service provider. In addition to these Transfeero GTC, the Booking Conditions applicable at the time of booking apply to contracts for the supply of services. If the service provider is a taxi company providing taxi services, the service supply contract is entered into in accordance with the regulation applicable to the taxi company and the contradictory provisions in these GTC are not applied for service supply contracts. by Transfeero.
Refusal of booking requests. If Transfeero is unable to mediate a contract for the supply of services to fulfill the booking request, Transfeero will inform the user via email, notification via app, text message or message on the platform (eg under « travel data » ) the impossibility of processing the booking request.
Accuracy of data. The user is required to provide exact, updated and complete data and to immediately inform Transfeero in case of changes. Failure to comply with this requirement may make it impossible for the user to use the services or terminate the contract for the supply of services.
Booking conditions. Booking conditions vary according to the booking class. For contracts for the supply of services with the platform’s service providers, with the exception of taxi companies, the booking conditions that can be consulted at https://www.transfeero.com/en/booking-conditions/. For contracts for the supply of services with taxi companies, local laws and regulations for taxi services apply.
Withdrawal conditions. The user may withdraw from the contract for the supply of services free of charge or for a fee, depending on the conditions valid for the relevant booking category or for the related service supply contract. The booking conditions applicable to the service supply contract entered into by the user with the platform’s service providers can be consulted on: , it is possible to withdraw from the contract for the supply of services with taxi companies in accordance with local laws and regulations. Withdrawal only via platform. In order to ensure a safe and correct fulfillment of requests, all withdrawals must be made via the website, or on the Transfeero app. It is not possible to withdraw by e-mail or by telephone. Transfeero will confirm the effectiveness of the withdrawal by e-mail to the user.
5. Payment of the price due, based on the contract for the supply of services
Prices. All prices set in the service supply contract are due immediately following the complete supply of services as per the contract, and include possible costs and legal taxes. Unless the parties have agreed otherwise, the price of the one-way travel reservation applies to the agreed route without intermediate stops and without detours. In the case of reservations subject to fixed rates, the user will still have to pay the agreed amount even if the passenger ends the trip in advance or shortens it.
Assignment. The service provider is authorized to assign the payment rights agreed in the service supply contract, in particular to Transfeero, and assigns these rights with effect from the expiry date. If the user or the passenger chooses to pay through a centralized corporate payment solution, Transfeero reassigns the payment right acquired by Transfeero to the provider of the centralized corporate payment solution.
Invoices / Receipts. Transfeero will send or have sent to the user via e-mail, will make or have made available to him via the platform a summary of the trips, an invoice and / or a receipt of the fees of the service provider, or executed on their behalf, depending on the territory in which the service is provided and the selected service provider. In the event that the user does not receive any invoice from Transfeero, a centralized payment solution provider, the service provider, but needs it, he can contact the Transfeero hotline.
Payment method. The amount must be paid with the payment method selected by the user during the booking procedure.
Chargeback with credit card. In the event of a credit card chargeback, for the sole purpose of debt collection, Transfeero may resort to suppliers of debt collection services and third party services to request the customer’s address on behalf of the service provider.
Transfeero is liable to the user, in particular as regards its contractual obligations pursuant to this point VI. Transfeero is not liable for any action or omission by the service providers, in particular in connection with the stipulation of a contract for the supply of services. Service providers or drivers are neither auxiliary nor employees nor subcontractors of Transfeero.
Transfeero’s liability towards the user, and the liability of the platform’s service providers, except taxi companies, towards the user, in particular on the basis of the contract for the supply of services, are governed by the following rules:
Transfeero and the platform service provider are liable for unlimited damages respectively intentionally or through gross negligence by them, by their employees and auxiliaries, in the event of willful reticence regarding defects, explicit guarantees or for damages resulting from personal injury ( to life, physical and health).
Transfeero and the platform service provider are liable for other damages only if they have violated an obligation, on whose fulfillment the execution of the contract depends and on which respect the contractual partner has a legitimate expectation. The obligation to pay damages is limited to those damages that can be configured as typical of the contract and foreseeable. The liability under the product liability law remains unaffected.
Transfeero is not liable for the obligations resulting from the service supply contracts. In particular, Transfeero is not responsible for the failure of the service providers to comply with the rules of public law.
Furthermore, Transfeero is not responsible for the accuracy, reliability and completeness of the contents and programs provided free of charge by Transfeero on the platform, as well as for the damages that may result.
Platform service providers of the taxi company type are responsible in accordance with applicable regulations.
Email communications. Legally binding declarations can be delivered to the user using the e-mail address stored in the account or provided by the user during the booking procedure.
Assignment. Transfeero has the right to assign, in whole or in part, all the rights and obligations deriving from the contractual relationship between the user and Transfeero to third parties with a 4-week notice; in this case, the user can terminate the contractual relationship for just cause.
Major force. If events or circumstances outside the sphere of influence of Transfeero or a service provider (force majeure) make it impossible to fulfill the respective contractual obligations, Transfeero or the service provider, depending on who is involved, will be exempted from the obligation to execute. In particular, interruptions or blackouts of the internet or other networks, telecommunications connections, power supply or other infrastructures, interruptions or failures caused by suppliers or distributors, as well as weather conditions are considered causes of force majeure adverse.
Applicable law. The contractual relationship between the user and Transfeero and the contract for the supply of services with the platform service provider are governed exclusively by the substantive law of the Italian Republic.
Insurance policy in the event of insolvency or bankruptcy of the organizer. To replace the Guarantee Fund and in accordance with the provisions of art. 47 of the Tourism Code as last amended by Legislative Decree 62/2018, transposing and implementing EU Directive 2015/2302, the organizer has adopted an insurance policy in the event of insolvency or bankruptcy. The policy was stipulated with Nobis Compagnia di Assicurazioni S.p.A. n. 6006000838 / G.
Alternative dispute resolution means. Pursuant to and for the purposes of art. 67 of the Tourism Code, the organizer may propose to the customer (through a catalog, booklet or on the website or in other forms) alternative ways of resolving the disputes that have arisen. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that this membership entails.
Jurisdiction. For any dispute concerning this contract, the competent court is exclusively that of the Court of Catania.
ADDENDUM – GENERAL CONDITIONS OF CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES
Regulatory provisions. Contracts relating to the offer of only the transport service, of the only accommodation service, or of any other separate tourist service, since they cannot be considered as negotiation of travel arrangements or tourist packages, do not enjoy the protections provided for of travelers by European Directive 2015/2302.
MANDATORY COMMUNICATION PURSUANT TO ART. 17 OF LAW No. 38/2006
Italian law punishes crimes involving prostitution and child pornography with imprisonment, even if committed abroad.
Last revision – May 2020
HEADQUARTERS – REGISTERED OFFICE
Sicily Action Srl
Via Roma, 114
95037, San Giovanni La Punta (CT)
Share capital EUR 10,000 i.v.
Authorization from the Sicily Region
License D.D.S. n ° 3451S7
No .: 78898681