General Terms and Conditions for Passengers (“GTC-P”) – Italy

Ncc.it Srl
Rome, Via Maretto, 24, Postal Code 00166
VAT No. 16313861003 – Tax Code 16313861003
REA No. RM-1648473

Preamble

These terms and conditions govern the use by passengers and users (hereinafter referred to as the “User” or “Users”) of the Ncc.it software. This software is a technological platform for mobile devices (Application) that allows Users to reach a destination by using one of the services listed therein, such as the non-scheduled public transportation service of Chauffeur-Driven Car Hire (a service offered by licensed drivers, consortium members, or worker cooperatives, hereinafter referred to as “Ncc” or drivers or hire operators).
The User accepts the terms and conditions as described herein upon registration, which are also valid for subsequent access and use of the software thereafter.

The contract is currently executed solely in Italian. The English version is a non-binding translation of the Italian text. These terms and conditions govern only the relationship between the User and Ncc.it. The applicable terms and conditions can be viewed within the Ncc.it software on the User’s device or on the Ncc.it website.

A. General Terms and Conditions for the Use of the Ncc.it App by Passengers

A.I. Ncc.it Services

  1. Registration
    Before using the services of Ncc.it, the User must register on NCC.IT, providing truthful and accurate information during registration (such as, but not limited to, full name, phone number, and a valid email address) and choosing a secure password. Only then may the User use the software and services of NCC.IT, subject to these terms and conditions and applicable laws.
  2. Requirements
    The User is responsible for meeting all requirements for using the services accessible through the NCC.IT software in accordance with applicable terms and regulations. By accessing and using NCC.IT, the User declares and guarantees that they have the capacity and right to enter into this agreement and use the services offered through the application.
  3. Scope of Services
    NCC.IT provides the User with the NCC.IT software (hereinafter referred to as the “App”) for internet-enabled mobile devices such as smartphones, tablets, and PCs (hereinafter referred to as “Devices” or individually the “Device”). NCC.IT does not charge the User any fees for using the NCC.IT Services unless otherwise agreed upon and/or stipulated in these GTC-P (e.g., cancellation fees, see A.V). NCC.IT reserves the right to establish, remove, and/or revise fees for one or all services obtained through the NCC.IT Services at any time. NCC.IT will notify the User of any changes to the fees. Such changes will take effect when the User accepts the new version of the GTC-P in the App or upon delivery of the new version of the GTC-P to the User via email, followed by the User’s acceptance. If the User does not agree with the changes, they may terminate the contract concluded with NCC.IT with immediate effect.
  4. Service Features
    The App enables the User to use NCC.IT services, where available, and request a chauffeur-driven vehicle through NCC.IT, which transmits the request to potential drivers. For this purpose, the User’s current location is identified and transmitted to the driver. Once the driver accepts the User’s request, the User’s identifying information (e.g., full name and phone number) is shared with the driver. For service execution purposes, the User may also contact the driver who accepts their request through NCC.IT.
  5. Internet Connection Responsibility
    The services provided by the App do not include the necessary internet connection. The User is responsible, at their own expense, for internet access, selecting a Device with the technical requirements necessary for configuration, ensuring the Device’s capabilities are sufficient to use the App, and updating the necessary software.
  6. Cost of Usage
    The use of the App’s functionalities is free of charge for the User, except for costs related to the use of the mobile device (e.g., connection fees), the cost of services provided by third parties (e.g., chauffeur-driven car hire), and unless otherwise expressly agreed with the User in these terms and conditions.
    The User does not pay NCC.IT any fees for booking the vehicle unless otherwise agreed between NCC.IT and the User, without prejudice to the compensation due to the driver for the ride.
  7. Third-Party Intermediation
    When the User requests a chauffeur-driven service through the NCC.IT App, NCC.IT forwards the request to potential contractual parties of the User, namely partner hire operators or members of the Ncc.it cooperative. The App is limited to providing an intermediation service and does not provide other services. Specifically, the use of the App does not create any transportation or hire contract between NCC.IT and the User.
    Any claims arising from rides booked through NCC.IT pertain solely to the relationship between the driver and the User. Any transportation service outside NCC.IT’s intermediation activities will be agreed directly between the User and the driver, with NCC.IT assuming no responsibility for third-party services provided to Users, including invoicing for the service provided.
  8. Corporate Trips
    Services provided through Ncc.it can also be requested and billed as business trips (“Corporate Trips”) under the terms and conditions of NCC.IT for business accounts. If a User books a business service using the NCC.IT App or decides to charge the ride as a business trip after its completion using a Business Account, the personal data collected by NCC.IT through the NCC.IT passenger App will be transferred to the contracting party authorized by the User for business services for processing and invoicing (“Billing Data”). If the User charges a service as a business trip, the relevant billing data, including full name, email address, ride cost, start and end times, and pick-up and drop-off points, will be transmitted to the Business Account holder as necessary for billing purposes.
  9. User Responsibility for Business Trips
    If a User is authorized through a Business Account to charge Chauffeur-Driven Car Hire services performed for work-related purposes to their employer, they are required to communicate whether the service used is private or business-related. NCC.IT is neither obligated nor technically capable of determining whether the User’s trip is private or business-related.
  10. Misrepresentation in Business Trip Declarations
    NCC.IT is not responsible for expenses, costs, or damages caused by a User who falsely declares a service to be business-related instead of private when using a Business Account, even if the contracting party has allowed the possibility of charging business-related services to the account.

A.II. Availability, Modification, and Termination of Service

  1. Service Availability
    NCC.IT does not guarantee the constant and uninterrupted availability of the services provided through the App. However, NCC.IT commits to making every effort, with diligence and promptness, to ensure that the User can utilize the requested services, including resolving any malfunctions in the App. Therefore, under no circumstances can the User claim any rights against NCC.IT.
  2. Temporary Suspension
    NCC.IT has the right to temporarily suspend its services without obligation but will make an effort to inform individual Users.
  3. Modification and Discontinuation
    NCC.IT reserves the right to modify the App at any time in a manner that is reasonable for the User, aiming to improve the App and enhance its quality. Additionally, NCC.IT reserves the right to discontinue the services offered through the App.

A.III. Conditions for Cancelling Chauffeur-Driven Services

  1. Cancellation Fees
    If an NCC service is canceled after the booking has been accepted by the driver, NCC.IT may charge the User a fee for the requested service. For more details about the cancellation policy, please refer to the provided link.

A.IV. Liability

  1. Information Transmission
    NCC.IT is not responsible for the proper and complete transmission of information or for ensuring that such information reaches the User in a timely manner.
  2. Damages from App Usage
    NCC.IT is only liable for damages suffered by the User due to the use of the App if such damages result from willful misconduct or gross negligence by NCC.IT. Specifically, NCC.IT can only be held liable for damages caused by inaccuracies, incomplete information, delays in data transmission, unavailability, or malfunction of the App in cases of willful misconduct or gross negligence.
  3. Limited Liability
    In all other cases, NCC.IT will only be liable for breaches of essential contractual obligations and only for typical, reasonable, and foreseeable damages. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and upon which the User regularly relies.
  4. No Limitations in Certain Cases
    Limitations of liability do not apply to NCC.IT in cases involving death, personal injury, or any other situation protected by mandatory consumer rights.
  5. Age Restriction
    NCC.IT services are exclusively available to individuals over the age of 18. Minors may use NCC.IT services only if authorized by their parents or legal guardians, subject to applicable local regulations.
  6. Data or Device Damage
    If the App or data transmission damages or deteriorates the User’s software or hardware, NCC.IT may be held liable only if such damage was caused by willful misconduct or gross negligence by NCC.IT. NCC.IT is not responsible for data loss, as the User is solely responsible for backing up their data.
  7. Third-Party Service Exclusion
    The User acknowledges that NCC.IT is excluded from any liability for services provided under sections A.I.4 and A.I.5, which are rendered by drivers or associated entities. NCC.IT is not responsible for the use of services under these sections, and any use of such services in violation of contractual terms or applicable regulations is prohibited.
  8. No Liability for Service Discontinuation
    NCC.IT will not incur any liability in the event it ceases to provide all or part of its services, whether temporarily or permanently.
  9. Third-Party Content
    NCC.IT is not responsible for third-party content or links to third-party websites uploaded to the NCC.IT website or App.
  10. User-Provided Data and Information
    NCC.IT declines all responsibility regarding the completeness and timeliness of data and information provided by Users, who remain solely responsible for the accuracy, completeness, and timeliness of the data and information they provide, as well as their suitability for meeting the requirements needed to use the App and its accessible services.
  11. “As Is” and “As Available” Services
    The services are provided “as is” and “as available.” NCC.IT excludes all representations and warranties not explicitly stated in these terms. Specifically, NCC.IT does not make any representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, or availability of the services or any goods or services requested through the App. Nor does NCC.IT guarantee that the services will be uninterrupted or error-free. NCC.IT does not warrant the quality, adequacy, safety, or capabilities of third-party service providers (such as drivers).
    The User acknowledges that they bear the entire risk arising from their use of the services and any service or good requested in connection with them, to the extent permitted by applicable law.

A.V. General User Obligations

  1. Accurate Information
    The User is always required to provide truthful and complete personal information necessary to access the services through the NCC.IT App, as requested during the registration process, and in compliance with these general terms and conditions, NCC.IT’s privacy policies, and the general terms, conditions, and privacy policies applicable to third-party service providers for functionalities under sections A.I.4 and A.I.5. The User is also required to keep this information up-to-date.
  2. Responsible App Usage
    The User must use the NCC.IT App in a way that does not compromise, overload, or damage its functionality, nor jeopardize or circumvent the App’s intended purposes. The User must not, either personally or through third parties, bypass or modify the App’s security measures.
  3. Software Rights
    All rights to the software remain with NCC.IT. The software provided to the User must not be copied, modified, reverse-engineered, decoded, or distributed.
  4. Account Security
    The User must keep their username and password secure, refraining from disclosing them to third parties or allowing third-party access to the App. The User is solely responsible for the confidentiality and security of their account. Unauthorized use by third parties must be reported to NCC.IT immediately. The User must also inform NCC.IT of any loss, theft, or misuse of their password, smartphone, or other Device used to access NCC.IT. If the User suspects any such event, they must immediately notify NCC.IT at the following contact address: [email protected].
  5. Indemnification
    If the User breaches these terms, they must indemnify and hold NCC.IT harmless from any liabilities to third parties, as well as from the costs of appropriate legal defense. In the event of a violation of these agreements, the User is also required to compensate NCC.IT for any damages incurred.
  6. Third-Party Claims
    The User agrees to promptly and accurately inform NCC.IT if third parties assert claims against NCC.IT for violations committed by the User, providing the necessary information for assessing the claims and preparing a defense. Failure to do so results in the User indemnifying NCC.IT against any liability.
  7. Data Processing Restrictions
    The User may not store, use, or process personal data of third parties involved for purposes other than providing the service under these terms, nor transfer it to uninvolved third parties without the consent of the parties involved.
  8. Compliance with Laws and Regulations
    The User is required to use the services accessible through the App in accordance with applicable terms and conditions, contractual provisions, and relevant industry regulations, as well as local regulations.

A.VI. Responsibility for Content

  1. User Responsibility
    The User is solely responsible for content published or transmitted through the NCC.IT service, website, or any social network used by NCC.IT (e.g., Instagram and Facebook). The User must comply with applicable laws (e.g., truthful, non-illegal, non-offensive, and non-defamatory content) and adhere to standards of decency and decorum.
  2. Content Removal
    NCC.IT reserves the right to remove any material that does not comply with the aforementioned rules.

Responsibility of NCC.it for Partner Actions

Role of NCC.it

NCC.it acts solely as an intermediary between users and chauffeur-driven car hire service providers (hereinafter referred to as “Partners”). Therefore, NCC.it cannot be held directly responsible for any non-fulfillment, shortcomings, or conduct of the Partners in the execution of their services.

Obligations of Partners

Partners of NCC.it are required to adhere to the terms agreed upon with the users and provide services according to professional and quality standards. Any violation, delay, or failure to perform the service will be the sole responsibility of the Partner.

Handling Complaints

In case of issues with the service provided by a Partner, users can report the incident through NCC.it’s official support channels. The platform commits to mediating between the parties to resolve the issue but does not guarantee refunds or direct interventions.

Limitations of Liability

NCC.it will not be responsible for:

  • Delays or cancellations attributable to Partners.
  • Direct or indirect damages resulting from the Partner’s non-fulfillment.
  • Issues arising from inaccurate information provided by the Partner.

Indemnification

The User agrees to indemnify and hold NCC.it harmless from any claims, damages, or losses arising from the Partner’s non-fulfillment, unless such issues are directly attributable to gross negligence or violations by the platform.

Limited Warranties

NCC.it does not provide explicit or implicit warranties on services provided by the Partners but conducts periodic checks on their quality and reliability to ensure the best possible user experience.

B. Payment Terms and Conditions

This section governs how NCC.it Users pay the fees for services accessed via the App.
In particular, the clauses in this section regulate how NCC.it Users pay transportation fees owed to the driver or, where applicable, to the relevant associated entity (e.g., consortium or cooperative), up to a maximum amount indicated by NCC.it to the User before the ride begins.

B.I. Payment in Cash

Users may pay for chauffeur-driven car hire services in cash without using the NCC.it payment system.

B.II. Payment via App (“App”)

  1. Electronic Payment Methods
    Under these General Terms and Conditions, NCC.it allows Users to use non-cash payment methods through the NCC.it App to pay for services rendered, utilizing one of the available payment methods (such as credit cards). The fare for an “App” ride and the fare for the first “App” ride are indicated on the NCC.it website, the NCC.it App, or via other means.
  2. Authentication for Payment Methods
    When adding an electronic payment method, the User may be required to select a personal identification element (such as a PIN or password) for managing payments and authorizing App rides. Furthermore, the User acknowledges and agrees that:

    • During the registration of a payment method (e.g., credit card), at the time of ordering a ride, or during payment via the App, the User may be asked to authenticate their identity further.
    • This authentication may be processed through various methods (e.g., OTP, password, biometric authentication) and depends on agreements between the User and their bank, payment service provider, or credit card network (e.g., Visa, MasterCard, American Express).
    • NCC.it reserves the right to request such authentication from the User’s bank or payment service provider to ensure a high level of security.
    • During this authentication process, NCC.it reserves the right to share additional User information with the respective payment service provider, which will be transferred to the User’s bank or payment service provider.

    In addition, NCC.it reserves the right to process a payment request at any time after a charge becomes due and payable to NCC.it under these Terms and Conditions (e.g., cancellation fees, delayed payments, debt settlements, or other charges) without requiring further authentication from the User as described above.

    The User acknowledges that the terms of this clause (B.II.3) are provided for informational purposes regarding payment processing. Consequently, (i) NCC.it assumes no liability to the User for the application, non-application, or failure of any such processes in specific cases, and (ii) the terms of this clause (B.II.3) do not affect or reduce the obligations of Users toward NCC.it under these Terms and Conditions.

  3. Choice of Payment Methods
    Users are free to select from the payment methods made available through the App. Users can modify, adjust, or remove these payment methods (other than cash) via the NCC.it App. For each service utilized, the User may choose any of the saved payment methods at the time of payment.Exclusively for the service under section A.I.4 related to booking services, Users are allowed to deactivate the “App” payment method for using the NCC.it service. This does not preclude the use of the service with payment via cash or other allowed methods.
  4. Payment Accuracy and Acceptance
    Users confirm that the payment information provided is accurate and accept the terms and conditions of the App.
  5. PayPal Payments
    If the User selects PayPal as a payment method, they pay NCC.it the final amount chosen during the payment process without disclosing their banking details to NCC.it. Payments are made via direct debit (electronic account debit) or deferred debit (credit card payment) exclusively between the User and PayPal. Under PayPal’s terms of use, the User may be charged an additional fee for using the PayPal service.To use PayPal as a payment method with NCC.it, the User must create a PayPal account with PayPal itself and confirm at the time of payment that the payment method for NCC.it will be PayPal. Under PayPal’s terms of use, PayPal expressly reserves the right to charge the payment amount due to the User’s PayPal account at the time of payment, potentially in varying amounts.

B.III. User Obligations and Payment

  1. Choice of Payment Method
    For the service under section A.I.4 related to chauffeur-driven car hire bookings, the User may freely choose between cash payment or App payment.
  2. Authorization for App Payments
    Regarding the chauffeur-driven car hire service under section A.I.4, if the User chooses to pay via the App, they must pay the gross fare, including any desired tip, at the end of the ride. By choosing this method, the User authorizes NCC.it to deduct the amount due from their credit card, PayPal account, or other selected payment method.
  3. Electronic Invoicing
    If the User chooses to pay via the App, they waive the right to a paper receipt and consent to receive the invoice for the service via email to the address provided to NCC.it.
  4. Right to Restrict Payment Methods
    NCC.it expressly reserves the right not to offer certain payment methods in specific cases or in general.
  5. Account Blocking and Security Measures
    NCC.it expressly reserves the right to block the User’s account or additional App features, either permanently or temporarily, or to require the User to define a new password, PIN, or other personal identification element, if there are valid reasons justifying such action or if there is suspicion of fraudulent or unauthorized use of the User’s account or personal identification element.In such cases, NCC.it commits to informing the User that their account or additional App features have been blocked, indicating the main reasons for such action, if legally permitted, and if possible, before the block, but no later than immediately after the block.

B.IV. Conditions for the Use of Vouchers/Coupons/Codes via the App

Subject to the application of terms related to specific promotional campaigns by NCC.IT, the following conditions apply to the use of vouchers:

  1. Eligibility
    Registered Users can redeem promotional codes only if they use the App as the payment method.
  2. Validity and Usage
    The promotional code is valid for a single trip or a single hire agreement and can only be used once by each User, account, phone number, and email address during the specified promotional period. Once the code is redeemed in the App, the promotional code and any remaining value are voided. Codes not used during the promotional period expire without any compensation. Promotional codes or voucher balances are not redeemable for cash. In cases where codes cannot be used due to technical errors, no compensation will be provided.
  3. First Payment Codes
    If the code is for the first payment via the App, it can only be used once per User and only the first time the User pays for a service using the App. If the User does not redeem the promotion during their first App-paid trip, they will not be able to benefit from the first-payment code for any subsequent trips.
  4. Correct Input of Codes
    Before requesting the service, the User must ensure the code is entered correctly and confirm its acceptance by the App at the time of payment.
  5. App Service and Participating Locations
    The promotional code can only be redeemed in vehicles registered for the App service and only in participating cities where the App is available.
  6. Non-Combination of Offers
    Promotional codes cannot be combined with other offers, promotions, coupons, or discounts. Codes have no monetary value, are non-transferable, and non-assignable, and can only be used once. The loss of a promotional code does not entitle the User to any replacement.
  7. Unauthorized Use and Fraud
    In the event of unauthorized use of promotional codes or vouchers, NCC.IT may block the User’s account. Furthermore, in cases of fraud, attempted fraud, or suspected illegal activities related to promotional codes or their redemption, NCC.IT may block or cancel the corresponding User accounts. NCC.IT reserves the right to recover any value or service fraudulently obtained.Any claims arising from services booked through NCC.IT pertain exclusively to the relationship between the driver and the User. Any transportation services beyond NCC.IT’s intermediation activities will be directly agreed upon between the User and the driver, and NCC.IT assumes no responsibility for third-party services provided to Users, including related invoicing for the service provided.

B.V. Purchase of Vouchers and Payment Conditions

Any complaints must be submitted in writing via registered mail with acknowledgment of receipt or by email to [email protected]

  1. Illegal Use
    In the case of illegal use of the voucher and/or the associated account, NCC.IT reserves the right to delete the customer’s data. NCC.IT also reserves the right to delete the customer’s data in cases of fraud, attempted falsification, or suspected illegal activities related to a voucher or its redemption. No right to activate or redeem vouchers involved in such illegal activities will be recognized.

B.VI. Liability

  1. Insufficient Funds
    If the User decides to pay via the App, they must ensure that the account to be charged has sufficient funds. If the bank account does not have adequate funds, any charges or costs incurred by NCC.IT due to insufficient funds (e.g., collection activities, commissions, and/or related costs) will be borne by the User.
  2. Payment Processing
    NCC.IT assumes no responsibility for the cashless payment process, especially if performed via credit card or PayPal. In the case of incorrect bookings or errors due to malfunctions in the payment process, the User must contact the payment service provider.
  3. User Insolvency
    If the User is insolvent regarding their selected payment option, NCC.IT reserves the right to impose a penalty equal to twice the cost of the unpaid trip. Additionally, NCC.IT may seek compensation for greater damages incurred due to the insolvency, provided such damages are significant and documented.
  4. Account Security Obligations
    If the User negligently violates their special obligation to adequately protect and safeguard their individual access credentials from unauthorized third-party access, as described in these General Terms and Conditions (see section A.V.), and this violation causes damage to NCC.IT, NCC.IT expressly reserves the right to seek compensation for such damage.
  5. Liability Provisions
    The liability provisions set forth in Section A.IV. remain unchanged.

C. General Final Provisions

  1. Severability Clause
    If any provision of these Terms and Conditions is or becomes invalid or unenforceable, or if there is a gap or omission, this does not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced with a provision as close as possible to the economic intent of these General Terms and Conditions.
  2. Governing Law
    These Terms and Conditions are governed by Italian law.
  3. Jurisdiction
    If the User qualifies as a consumer, any disputes arising from or related to these Terms and Conditions will fall under the exclusive jurisdiction of the User’s place of residence or chosen domicile in Italy. In all other cases, the exclusive jurisdiction will be the Court of Rome.
  4. Amendments
    NCC.IT reserves the right to modify these General Terms and Conditions to the extent necessary and in any reasonable manner for the User:

    • To address subsequent interruptions in the equivalence of essential contractual obligations.
    • To adapt to changes in regulations or the technical context.
    • When such changes are not harmful to the User, especially in cases where modifications do not create detriment or disadvantage.
  5. User Notification of Amendments
    NCC.IT will inform the User of any amendments or additions to these contractual terms by adopting all appropriate measures to notify the User (e.g., providing a graphical interface for acceptance via a checkbox, through which the modifications will be deemed accepted). The User may freely choose not to continue the contractual relationship by not selecting the checkbox.
  6. Customer Support
    For questions, issues, or concerns, please contact NCC.IT through customer support. Contact details will be available via the App or website.
  7. Online Dispute Resolution
    The European Commission provides a platform for online dispute resolution, available at:
    ec.europa.eu/consumers/odr/
    The User acknowledges that NCC.IT is not obliged and does not intend to participate in dispute resolution procedures before a consumer arbitration body.

D. Explicit Consent under Articles 1341 and 1342 of the Italian Civil Code

After reviewing these Terms and Conditions, the User declares, pursuant to Articles 1341 and 1342 of the Italian Civil Code, to fully accept and specifically approve the clauses outlined in the following sections:

  • A. General Terms and Conditions for the Use of the NCC.IT App for Passengers: A.I. NCC.IT Services (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13); A.II. Availability, Modification, and Termination of Service (3); A.III. Conditions for Canceling a Ride; A.IV. Liability; A.V. General User Obligations; A.VI. Responsibility for Content.
  • B. Payment Terms and Conditions: B.III. User Obligations and Payment; B.VI. Liability.
  • C. General Final Provisions.

Last Revised: October 2020