Terms & Conditions
Terms & Conditions Definitions Application: the mobile app with the trade name "Scooterino", by which Users can benefit from the Service provided by the Company; Commercial offer: The document containing the economic conditions under which the Company provides the User with a paid for Service; Company: Scooterino S.r.l., an Italian company registered in the register of companies at Rome RM-number 1411467, with headquarters in Via in Selci 58, 00184, Rome, Italy, VAT 12934721007, email address support@scooterino.it; Contract: the agreement between the Company and the User subject to these general conditions; Platform: The platform consisting of the Application, the website, as well as associated software, logos, trademarks, distinctive signs, interfaces, domains, know-how, etc., owned by the Company, which allows for the provision of Services to Users; Ride: the travel itinerary, distinct from Scooterino Experience, which is shared by Scooterista with the Passenger within the restricted area on the Application map, booked in real time or reserved hours or days in advance; Scooterista: the physical person, in possession of a motorcycle or a moped and having plans to travel a certain route with said vehicle, who intends to share said route with another User of the Platform, with or without participating in the related costs of this Ride and/or the Scooterino Experience; Service: the electronic communication service provided by the Company through the Platform that allows Users to get in touch with each other for sharing travel itineraries or Scooterino Experience with a motorcycle or moped, with or without participating to the related costs; Scooterino Experience: Users can book specific travel itineraries through the website experience.scooterino.it of a predetermined duration and itinerary, designed and agreed with the Scooteristi registered on the Platform. Said itineraries enable the User to enjoy an Italian city, its tourist attractions and its monuments aboard a scooter, according to the terms and conditions provided herein; User: the individual, Scooterista or Passenger, who uses the Service provided by the Company through the Platform and/or Application; Website: the Internet website accessible at www.scooterino.it and www.experience.scooterino.it 1 - Purpose of the agreement 1.1 These terms and conditions govern the provision by the Company of technological and communication services connected to the Platform that allow Users to share, in a friendly and non-professional manner, a Ride itinerary by moped or motorcycle, or to reserve a Scooterino Experience. When booking a Ride or a Scooterino Experience, Users must read and accept the terms and conditions provided herein. Upon acceptance, User and Scooterista, declare to have understood and accepted all the terms and conditions provided herein. At the time of acceptance, the User and the Scooterista declare to have understood and accepted all the conditions and terms provided. 1.2 The Company does not undertake any transport activity, consequently, the object of the agreement between the Company and the User expressly excludes the supply and/or responsibility, direct and indirect, of transport services of any nature and/or kind. 1.3 These conditions also apply to non-registered users of the site, where applicable. 2 - Registration of Users 2.1 To use the Service, the User must register on the Platform, providing all the information requested on the registration form, including an username and password in order to activate his/her personal account. Alternatively, the User may register through the account of another social network where her/she is already registered (e.g. Facebook). In any case, the registration process involves verifying the phone number provided by the User during registration by sending a text message. 2.2 Sending the form or registration by using the social network account is valid as a proposal to subscribe to the services provided by the Company which will confirm the activation of a personal account by email to the address indicated by the User. In any case, the agreement between the Company and the User is finalised with account activation confirmation. Once the agreement is concluded, the Company will send a copy of these conditions to the User by email or another suitable manner so that the agreement can be preserved in a durable medium. 2.3 The username and password associated with the account are strictly personal and the User agrees to preserve them appropriately so as to prevent their use by unauthorized third parties; the User is always responsible for any activity on his/her account, except where the User provides evidence that such use has occurred against his/her will despite having taken preventive measures. 2.4 Only adults, 18 years or older, or individuals of a minimum age of 16 years that document authorization to register by parents or legal guardians, may register on the Platform. 2.5 Upon completion of the above described registration procedure, the User can also choose to register as a Scooterista, providing additional information as requested by the Platform. 3 - Costs of the Ride Service 3.1 Access to and use of the Platform and associated Service by the Scooterista is free of charge. With respect to the Passenger, the content is identified in the commercial terms accepted upon registration. 3.2 Prior to Ride confirmation, the Passenger will see the price displayed for the Service, including VAT, the amount of reimbursable expenses (if due) to the Scooterista, and the total cost of the Ride including the sum of the price of the service and any reimbursement of expenses. 3.3 The Company shall charge the total trip cost on the payment device (Paypal account, debit card, credit card, etc.) provided by the User upon registration or subsequently. Payment may be made by deducting promotional credits recognized by the Company to the Passenger. The charge is made at the end of the Ride and any right to reimbursement in favor of the User is expressly excluded, it being understood that the Service will have been fully delivered by the Company. 3.4 The Scooterista grants the Company a power-of-attorney to request expenses from the Passenger; such payments will be credited by the Company to the payment device indicated by the Scooterista at or after the time of registration after reaching a minimum amount of €30 and in any case every three months regardless of the amount reached. The Scooterista can control the amounts accrued at any time by logging into his/her personal account in the personal and confidential Platform. 4 Scooterino Experience Service Fee 4.1 The cost for the User for the Scooterino Experience is on the www.experience.scooterino.it page. 4.2 Prior to confirmation of booking a Scooterino Experience, the User will be shown the price including VAT. 4.3 The Company shall charge the total cost of Scooterino Experience to the payment device (Paypal account, debit card, credit card, etc.) provided by the User at or after registration. Payment may be made by offsetting with promotional credits recognized by the Company to the User. The charge is due upon reservation. 4.4 If the Scooterino Experience does not take place for reasons of force majeure or other extraordinary cicrumstances, incuding bad weather, the Passenger can choose between: i) the repayment of 50% of the amount paid; ii) the reservation of a new Scooterino Experience corresponding to that void. 4.5 The Scooterista grants the Company a power-of-attorney to request the price share from the Passenger for the Scooterino Experience; such payments will be credited by the Company to the payment device indicated by the Scooterista at or after the time of registration after reaching a minimum amount of €30 and in any case every three months regardless of the amount reached. The Scooterista can control the amounts accrued at any time by logging into his/her personal account in the personal and confidential Platform. 5 - Rules for Sharing the Ride 5.1 The Platform allows Passengers to share the Ride with Scooteristi travelling in the same direction. To this end, by accessing the Service, the Passenger enters his/her destination address within the areas identified on the Application map from time to time; Scooteristi read the destinations displayed by the Users and their profile including comments received from other Users; if travelling in the same direction, the Scooterista can choose to share the ride with the User, at their discretion requiring a lump-sum refund for expenses from the User for the sharing of the Ride to the extent provided for in Article 7. 5.2 Users view a complete list of all Scooteristi available for ride-sharing indicating the overall cost of the trip, comprehensive of refunds for expenses and the price of the Service, as well as other useful information such as, for information purposes, the photo of the Scooterista, the make and model of the two-wheeled vehicle, the size of the helmet, reviews from other Users, etc. After choosing the Scooterista among those available for ride-sharing, the User receives a ride code to be shown at the time of meeting. To facilitate contact with the Scooterista, the User can also use special features from time to time made available by the Platform (for example, the "Call" option). Once the Scooterista has been selected, the Company exercises its right to payment referred to in Article 3 for Services rendered, subject to the possibility of cancellation of the trip and reimbursement in accordance with the following provisions 5.3 Following mutual confirmation, both the Scooterista and the User may cancel the Ride through the Platform’s special features; in this case, the cancellation will be immediately communicated by the Platform to the User concerned. 5.4 The Scooterista may cancel the ride for any of the reasons specified by the Platform. Failure to meet the User without prior cancellation of the Ride is a serious breach of the the obligations arising from these General Terms and Conditions. 5.5 After selecting the Scooterista, the User may immediately cancel the Ride; after two minutes, the Company may charge the full cost of the service in addition to reimbursement of expenses, if required, as indicated in the Commercial Offer; the same charge can be made by the Company if the User does not show up to the appointment with the Scooterista without a justified reason. 6. Rules for Sharing the Scooterino Experience 6.1 The Platform allows Users to also share a specific Scooterino Experience. To that end, by accessing the service, Users may choose from the pre-scheduled Scooterino Experiences offered by the Scooteristi, the Scooterista views the Scooterino Experience chosen by the Users and the menu of comments received from other members; If available, the Scooterista may decide to share the Scooterino Experience with the User. 6.2. Upon confirmation of booking, the Company receives payment for the service rendered in favor of the User with regard to the Scooterino Experience, in accordance with Article 4, without prejudice to the possibility of cancelling the Scooterino Experience and reimbursement, within the limits referred to in Article 4. 7. Cost Sharing 7.1 At his/her discretion, the Scooteristi may request the User to share in the costs, with exclusive reference to the Ride. 7.2 This cost-sharing is strictly limited to the actual sharing of costs and Scooteristi can never profit from such sharing. The Scooterista, therefore, undertakes to calculate all travel expenses (with reference to fuel, vehicle maintenance, toll fees, wear and tear and vehicle insurance) and guarantees that the reimbursement amount requested from Users does not result in any profit to the Scooterista. 7.3 In order to limit the risk that the Service not used in accordance with the foregoing, the Platform: - with exclusive reference to the Ride, displays to Users, according to their destination, the likely expenses that could be claimed by Scooteristi for sharing the Ride; - sets a maximum amount, depending on the final destination, that the Scooteristi can request from Users as a share of the costs of the Ride. 7.4 Notwithstanding the foregoing, the Company reserves the right to suspend or terminate the account of the Scooteristi, if, in its judgment, the frequency of Rides, routes paths and repayments requested from Users of the service appears to be incompatible with use of a non-professional nature. It is understood that the Scooteristi assumes full and sole responsibility for the fraudulent use of the Service for profit. 8. User comments and ratings 8.1 The Platform allows Users to rate the Passenger or Scooterista by: - assigning a score from a minimum to a maximum; - texting a critical or complimentary comment. 8.2 However, the sole purpose of the rating feature is to allow Users to truthfully describe their ride experience by providing others with useful elements of judgment and encouraging general improvement with respect to reliability and quality of all services available through the Platform. Thus, it is forbidden to use the rating feature for publishing content and information not relevant to the purpose of the Platform, such as links to third party websites, photos or videos of minors, sensitive data, personal information in violation of another's privacy, or obscene, violent, abusive, etc. content. 8.3 The comments made on the Platform must always be made in respect of others, with express prohibition of publishing vulgar, defamatory content, of a sexual nature, discriminatory, which incite violence or are otherwise harmful to the dignity of the person. 8.4 In case of violation of the rules described in the previous paragraphs, the Company may report the incident to the authorities, and in any case preserves the right, without notice, to remove the prohibited content and suspend the User's account, without prejudice to any additional remedies provided in these terms and conditions or the law. 8.5 it is understood that publication of any content, even if pertinent to the purpose of the Platform, does not presume that the Company has previously checked, approved and/or endorsed said content; the latter, therefore, is not responsible for their lawfulness, truthfulness and/or correctness. 8.6 In any case, to report any problems or complaints regarding a Ride and/or a Scooterino Experience, the matter can be brought to the attention of the Company by contacting the following e-mail address: support@scooterino.it. 9. Warranties and Representations of Scooteristi 9.1 The Scooteristi declares and warrants to: a) be in possession of a valid moped or motorcycle driving license for at least three years, as defined by Art. 52 and 53 of Italian Legislative Decree No 285 of April 30, 1992 as amended (the so-called "Code of the Road"); b) possess a driving license with at least 16 points with no suspensions or revocations thereof; c) not be older than 68 years old; d) be in possession of a moped or a motor vehicle approved to carry a passenger, in addition to the driver; e) be in possession of a moped or motorbike with a cubic capacity of at least 50 cc, with Euro emission class 2 or higher; f) be in possession of a moped or motorcycle regularly inspected and in good condition; g) possess two helmets in conformity for moped or motorbike riding for personal use and for the passenger; h) have regularly paid the stamp tax of your moped or motor vehicle; s) have stipulated a civil liability insurance valid for the moped or motorbike that includes insurance coverage for the passenger; j) be in good mental and physical condition and not suffer from diseases which, due to their severity may jeopardize his/her safety, or that of the passenger and/or third parties; k) not be subject to any criminal convictions, nor to be the recipient of judicial orders concerning the application of preventive measures, decisions and administrative measures entered in the register of convictions in accordance with current legislation. 9.2 With respect to the requirement of letter k) of the preceding paragraph, the Company reserves the right to request the criminal record certificate from Scooteristi. 9.3 Scooteristi undertake to inform the Company of any change from any declaration and warranties stated herein. 9.4 Users are aware that the Company does not make any preventive or subsequent control as to the veracity as represented and warranted by Scooteristi registered on the Platform pursuant to this Article 9; the Scooterista is, therefore, the only individual liable if his/her statements are false, incomplete or no longer correspond to the truth. 10. Obligations of Scooteristi 10.1 The Scooteristi must: a) share the Ride with the passenger within the limits of the range displayed on the Application map; b) only use the Navigator with the headphones; c) abide by the rules of the Code of the Road and any other legislation on road traffic; d) respect the Code of Ethics referred to in Article 12 below; e) follow the itinerary and activities specifically provided for by the Scooterino Experience reserved by the User, as shared by the Company. The Scooterista is also forbidden: a) to carry evidently pregnant women; b) carry more than one passenger; c) smoke, eat and drink while driving; d) driving while intoxicated or alteration resulting from the use of drugs; e) using mobile devices (such as Smartphones, mp3 players, etc.) in a way that can interfere with driving. 11. Warranties and representations of the Passenger 11.1 The Passenger represents and warrants: - to be in psycho-physical conditions that make him/her fully capable of being transported by means of a moped or motor vehicle; - that his/her psycho-physical condition does not cause any risks to personal safety of the passenger, the Scooterista or third parties. 11.2 The Company does not make any preventive or subsequent control as to the full ability of the Passenger to be carried on a two-wheeled vehicle. 12. Code of Ethics The Scooterista acknowledges that use of the Platform of Scooterino and Scooterino Experience is based on trust. The Scooterista undertakes not to use Passenger details, or contact the Passenger to directly provide other Rides or itineraries outside of the specific Ride. In the case where the Company becomes aware of a violation by the Scooterista of the Code of Ethics, the Company will exclude the Scooterista from the Platform and could also impose a penalty of up € 300.00. 13. Responsibilities 13.1 The Company’s activity is limited to the supply of technological services associated with the use of the Platform and its functionality. The Platform and its Services are provided by the Company as is, without any guarantee regarding the actual continuity of service or the absence of errors or defects, or that they are suitable for one or more purposes determined by the User. Except in cases of intent or gross negligence, the liability for damages of the Company against the User in connection with the services provided through the Platform shall not exceed the maximum amount of € 50.00. 13.2 As a result of these general conditions on the Company, under no circumstances is the Company obligated to provide transportation nor can the User require that the Company provides said services. The Company is not responsible in any circumstances for damages of any kind suffered by Users or third parties for events connected with passenger transport, or, without limitation, is the Company responsible for any accidents, delays, failure to meet, agreed-upon changes of routes, etc. 13.3 It is the sole responsibility of the User, prior to commencement of the ride, that the Passenger or Scooterista are in possession of required guarantees and representation in accordance with Articles 9 and 11 above. Any violation can be reported to the following email address: support@scooterino.it. Taking part on a Ride or a Scooterino Experience, is the sole responsibility of the User. 13.4 Prior to commencement of the Ride, the Passenger also has the responsibility to verify that the Scooterista is in possession of valid insurance, which also provides coverage for the passenger as provided by law. If there is no insurance coverage or, for whatever reason, the insurer refuses to cover possible claims, the User shall be responsible for all associated financial, economic and legal consequences and will not seek compensation or damages from the Company, and the User hereby renounces to assert any claim in this regard. 13.5 In any event, the liability of the Company for any damage suffered by the User is limited only by the amount paid to it by the latter. In no event shall the Company be directly or indirectly liable for any damages, of any kind, possibly suffered by the User and/or the Scooterista during a trip or a Scooterino Experience. 14 Processing of personal data and geolocation 14.1 The User’s data will be treated in accordance with provisions in the privacy policy adopted by the Company, and in full compliance with the principles and rules of Italian law on privacy (Legislative Decree n. 196 of 2003). In particular, at the time of registration, the User authorizes the Company, in accordance with and for the purposes of Articles 13 and 23 of the aforesaid Legislative Decree n. 196 of 2003 regarding the processing of personal data. 14.2 Users are aware that the Service requires the localization of their geographical location in the manner and within the limits identified in the privacy notice. 14.3 The Scooteristi recognize and accept that by activating the specific feature of the Platform, other Users and the Company will be able to view and track their location within the Application map for the entire time this feature remains activated. 15. Duration, termination 15.1 The contract is open-ended. 15.2 The User has the right to terminate the contract without cost and at any time, using the appropriate platform capabilities for closure of your account; in this case the Scooterista will be entitled to reimbursement of the sums credited to his/her account within 90 days after account termination. The withdrawal by the Passenger implies the full loss of any promotional credits on your account. 15.3 In all cases of failure to perform the obligations set out in Articles 3, 4, 7, 5 and 8 above, the Company reserves the right to terminate the contract by registered letter or certified electronic email (PEC) sent to the User, without prejudice to the right to compensation for damages, and any other remedy provided by law or by the terms of use. 15.4 In the case of termination due to the fault of the User, the Company shall be entitled to withhold any money or promotional credits payable to Scooteristi or Passengers as reimbursement and/or damages, without prejudice to the right to compensation for greater damages. 16. Intellectual Property 16.1 The Platform is based on the Company's proprietary software provided to Users in the form of Services; therefore, any attempt to extract, remove, decompile the software or interfere with its normal operation is expressly prohibited. 16.2 With the exception of content uploaded by Users, the trademark Scooterino, logos, distinctive signs and any other content in the form of text, database, graphics, drawing, sound, music, interface, etc. on this site, are the exclusive property of the Company, with the result that their use for any purpose outside the simple use of the services incidental to the Platform is expressly prohibited without written permission from the Company. 16.3 Any misuse, whether direct or indirect, of logos, distinctive marks of the Company, Platform and Service is also expressly prohibited. The use of such logos and brands on mopeds, motorcycles, helmets, t-shirts, gadgets, and every other object, must be expressly authorized by the Company, and in the absence of such permission, said use is deemed expressly prohibited. 16.4 In execution of the Contract and in order to improve the Services provided through the Platform, the User hereby grants the Company, free of charge and worldwide, sub-licensable, royalty free and not subject to law, the right to copy, store, reproduce, incorporate, modify, adapt, prepare derivative works of, analyze, aggregate data with others, develop on a statistical basis, spread and communicate to the public even in reworked form, and exploit in any other manner all information published on the Platform that is voluntarily provided to the Company, including data, concepts, solutions, ideas, feedback and comments. It is understood that upon termination of the User’s account, the Company will remove the User’s contents from its archives and cease the publication thereof; unless the retention of such information for a longer period if necessary to protect the Company’s rights. 17. Amendments to the General conditions and Platform Capabilities 17.1 The Company reserves the right to modify these general conditions, including economic conditions, at any time, communicating the text of the new conditions to the User at least 15 days before new conditions become effective; communication can be made through e-mail, viewable within the Platform or by notice in any means or manner that ensures the availability of the communication by the User. During the notice period, the User can cancel the contract, it being understood that at end of said notice period, use of the Service indicates Users’ acceptance of the changed terms. 17.2 The Company reserves the right to modify, improve and eliminate Platform features at any time, without giving rise to a User’s right to any form of indemnity or compensation; whenever possible, the Company will provide the User with adequate information about changes to the major Platform features. 18. Applicable law and jurisdiction 18.1 With the exception to more favorable provisions found in national laws of the EU Member States where Users who use the Service as a consumer are residents (i.e. for purposes unrelated to his/her professional activity), the Contract is entirely governed by Italian law. 18.2 With the exception to mandatory jurisdiction of the place within the European Union where Users who use the Service as a consumer are residents, any dispute in any way connected with the formation, execution, interpretation and termination of the Contract shall be submitted exclusively to the Court of Rome. 19. Miscellaneous 19.1 In consideration of the personal nature of the User’s account, the assignment by the latter of this agreement or the rights and obligations arising thereof is strictly prohibited. 19.2 The User hereby authorizes the Company, without the need for specific subsequent consent, to assign this Contract or the rights and obligations arising thereof to other companies in its group, or to entities to which in the future it could be leased or sold, or resulting from a merger, demerger or incorporation operation. 19.3 These general conditions and the documents referred to in them (including the Commercial Offer) represent the entire agreement between the Company and the User, surpassing any previous agreement, whether oral or written. 19.4 Possible tolerance to a breach of one or more provisions herein cannot be construed as a tacit waiver of the rights arising from the breached provisions. [Acceptance of general conditions] Pursuant to and for the purposes of Article 1341 and following of the Italian Civil Code, I declare that I have carefully read and accepted the contents of the following clauses: 3 – Costs of the ride service; 4 – Scooterino Experience service fee; 5 – Rules for Ride-Sharing; 6 – Rules for sharing the Scooterino Experience; 7 – Cost Sharing; 8- User comments and ratings; 13 – Responsibility; 16 – Intellectual Property; 17 – Amendments to the General Conditions and Platform Capabilities; 18 – Applicable law and competent jurisdiction; 19-Miscellaneous [Acceptance of specific conditions]