Application: the mobile app called “Palermo Tourist Service”, through which Users can use the Service provided by the Company;
Commercial Offer: the document containing the economic conditions under which the Company provides the User with a paid Service;
Company: Palermo Tourist Service Srl, an Italian company registered in the Palermo PA business register – number (REA) 325171, with headquarters in Via in Silvio Boccone 4, 90127, Palermo, Italy, VAT number 06499110820, email address palermotouristservice @gmail. com;
Contract: the contract between the Company and the User subject to these general conditions;
Platform: The platform consisting of the Application, the website, as well as the related software, logos, trademarks, distinctive signs, interfaces, domains, know-how, etc., owned by the Company, which allows the provision of Services to Users;
participate in the related costs of this Ride and/or the Palermo Tourist Service;
Users of the Palermo Tourist Service can book specific travel itineraries of predetermined duration and itinerary, designed and agreed with the Scooteristi registered on the Platform, via the scootertourpalermo.com website. These itineraries allow the User to enjoy an Italian city, its tourist attractions and its monuments on board a scooter, according to the terms and conditions set out herein;
1 – Object 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 Tour Itinerary on a moped or motorbike, or to book a Palermo Tourist Service.
When booking a Ride or a Palermo Tourist Service, Users must read and accept the terms and conditions set out herein. At the time of acceptance, the User and Scooterista declare that they have understood and accepted all the terms and conditions set out herein. At the time of acceptance, the User and the Scooterista declare that they have understood and accepted all the terms and conditions set out herein.
1.2 The Company does not carry out any transport activity, therefore, the object of the contract 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 users who are not registered on the site, where applicable.
2 – User Registration
2.1 To use the Service, the User must register on the Platform, providing all the information requested in the registration form, including username and password to activate their personal account. Alternatively, the User can register via the account of another social network where they are already registered (e.g. Facebook). In any case, the registration procedure requires verification of the telephone number provided by the User during registration by sending an SMS.
2.2 Sending the form or registering via a social network account is considered as a proposal to join the services provided by the Company, which will confirm the activation of a personal account via email to the address indicated by the User. In any case, the agreement between the Company and the User is perfected with the confirmation of the activation of the account. Once the contract has been concluded, the Company will send the User a copy of these conditions via email or in another suitable way so that the contract can be stored on a durable medium.
2.3 The username and password associated with the account are strictly personal and the User undertakes to store them appropriately in order to prevent their use by unauthorized third parties; the User is always responsible for any activity on his behalf, unless the User provides proof that such use has occurred against his will despite having taken preventive measures.
2.4 Only adults, aged 18 or over, or persons aged 16 or over who can demonstrate authorization to register by their parents or legal guardians, may register on the Platform.
3 – Costs of the Ride Service
As regards the Passenger, the content is identified in the commercial conditions accepted at the time of registration.
3.2 Before confirming the Trip, the Passenger will see the price of the Service displayed, including VAT, the amount of expenses reimbursable (if due) to customers, and the total cost of the Trip including the sum of the price of the service and any expense reimbursement.
3.3 The Company will charge the total cost of the trip to the payment device (PayPal account, debit card, credit card, etc.) provided by the User at the time of registration or subsequently. Payment can 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 provided by the Company.
3.4 The Scooterista grants the Company 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 the time or after registration upon reaching a minimum amount of € 30 and in any case every three months regardless of the amount reached. The Scooterista can check the amounts accrued at any time by accessing his personal account on the personal and reserved Platform.
4.1 The cost for the User of the Palermo Tourist Service is indicated on the page www.sicilytransfer.it.
4.2 Before confirming the booking, the price including VAT will be shown to the User.
4.3 The Company will charge the total cost of the Scooter Tour to the payment device (PayPal account, debit card, credit card, etc.) provided by the User at the time or after registration. Payment may be made by offsetting with promotional credits recognized by the Company to the User. The charge is due at the time of booking.
4.5 PTS grants the Company a power of attorney to request the Passenger’s share of the price for the Scooter Tour; such payments will be credited by the Company to the payment device indicated by the Scooterista at the time of or after registration upon reaching a minimum amount of €30 and in any case every three months regardless of the amount reached. The Scooterista can check the amounts accrued at any time by accessing his/her personal account on the personal and reserved 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 from time to time on the Application map; Scooteristi reads the destinations viewed by Users and their profile including comments received from other Users; if travelling in the same direction, the Scooterista may choose to share the ride with the User, requesting at his/her own discretion a lump sum reimbursement of the User’s expenses for sharing the Ride in the amount set out in Article 7.
5.2 The User views the complete list of all the Scooterists available for ride-sharing, indicating the total cost of the trip, including expense reimbursements and the price of the Service, as well as other useful information such as, for information purposes, the photo of the Scooterist, the make and model of the two-wheeled vehicle, the size of the helmet, reviews from other Users, etc. After choosing the Scooterist from those available for ride-sharing, the User receives a Ride Code to show at the time of the meeting. To facilitate contact with the Scooterist, the User can also use specific functions made available from time to time by the Platform (for example, the “Call” option). Once the Scooterist has been selected, the Company exercises the right to compensation referred to in Article 3 for the Services rendered.
5.3 Following mutual confirmation, both the Scooterist and the User can cancel the Tour through the specific functions of the Platform; 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 indicated by the Platform. Failure to satisfy the User without prior cancellation of the Tour constitutes a serious violation of the obligations arising from these General Conditions.
5.5 After selecting the Scooterista, the User may immediately cancel the Tour; after two minutes, the Company may charge the full cost of the service in addition to the reimbursement of expenses, if applicable, as indicated in the Commercial Offer; the same charge may be made by the Company if the User does not show up for the appointment with the Scooterista without a justified reason.
- Rules for sharing the Scooter Tour
6.1 The Platform also allows Users to share a specific Scooter Tour. To this end, by accessing the service, Users can choose between the pre-programmed Scooter Tour offered by the Scooterists, the Scooterist views the Scooter Tour chosen by the Users and the menu of comments received from other members; If available, the Scooterist can decide to share the Scooter Tour with the User.
6.2. Upon confirmation of the booking, the Company receives payment for the service provided to the User in relation to the Scooter Tour, pursuant to Article 4, without prejudice to the possibility of cancellation of the Scooter Tour and reimbursement, within the limits set out in Article 4. Article 4. - Cost Sharing
7.1 The Scooteristi, at its sole discretion, may request the User to participate in the costs, with exclusive reference to the Ride.
7.2 Such cost sharing is strictly limited to the actual sharing of costs and Scooteristi may never profit from such sharing. The Scooteristi, therefore, undertakes to calculate all travel expenses (with reference to fuel, vehicle maintenance, tolls, wear and tear and vehicle insurance) and guarantees that the amount of the reimbursement requested from the Users does not entail any profit for the Scooterista.
7.3 In order to limit the risk that the Service is not used in accordance with the above, the Platform:
- with exclusive reference to the Giro, shows Users, based on their destination, the probable expenses that could be claimed by Scooteristi for sharing the Giro;
- sets a maximum amount, depending on the final destination, that Scooteristi can request from Users as a share of the costs of the Ride.
7.4 Without prejudice to the above, the Company reserves the right to suspend or close the Scooteristi’s account, if, in its opinion, the frequency of the Rides, routes travelled and reimbursements requested from Users of the service are incompatible with the use of a professional nature.
It is understood that the Scooteristi assumes full and exclusive responsibility for fraudulent use of the Service for profit.
- User comments and ratings
8.1 The Platform allows Users to rate the Passenger or Scooterist based on:
- assignment of a score from a minimum to a maximum;
- by sending a critical or complimentary message.
8.2 However, the sole purpose of the evaluation function is to allow Users to truthfully describe their travel experience by providing others with useful elements of judgment and encouraging general improvement with respect to the reliability and quality of all services available through the Platform. Therefore, it is forbidden to use the evaluation function to publish content and information that is 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 the privacy of others, or obscene, violent, offensive content, etc.
8.3 Comments expressed on the Platform must always be expressed with respect for others, with the express prohibition of publishing vulgar, defamatory, sexual, discriminatory content, content that incites violence or is in any case harmful to the dignity of the person.
8.4 In the event of violation of the rules described in the previous paragraphs, the Company may report the incident to the authorities, and in any case reserves the right, without notice, to remove prohibited content and to suspend the User’s account, without prejudice to any other remedies provided for in these terms and conditions or by law.
8.5 it is understood that the publication of any content, even if pertinent to the purpose of the Platform, does not imply that the Company has previously verified, 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 Tour and/or a Scooter Tour, the matter can be brought to the attention of the Company by contacting the following email address: scooterinopalermo@gmail.com
- Guarantees and Declarations Scooteristi
9.1 The Scooteristi declares and guarantees to:
a) be in possession of a driving licence for mopeds or motorcycles valid for at least three years, as defined by art. 52 and 53 of Legislative Decree 30 April 1992, n. 285 and subsequent amendments (so-called “Highway Code”);
b) be in possession of a driving licence with at least 16 points without suspensions or revocations of the same;
c) be no older than 68 years of age;
d) be in possession, in addition to the driver, of a moped or motor vehicle approved for the transport of a passenger;
e) be in possession of a moped or motorcycle with a cylinder capacity of no less than 50 cc, with emission class Euro 2 or higher;
f) be in possession of a moped or motorcycle regularly inspected and in good condition;
g) be in possession of two helmets compliant with the driving of mopeds or motorcycles for personal use and for the passenger;
h) have regularly paid the stamp duty for their moped or motor vehicle;
s) have taken out valid civil liability insurance for the moped or motorcycle that includes insurance coverage for the passenger;
j) be in good physical and mental condition and not suffer from illnesses that, due to their severity, may put their safety, that of the passenger and/or third parties at risk;
k) not be the subject of criminal convictions, nor be the recipient of judicial provisions concerning the application of precautionary measures, decisions and administrative provisions entered in the register of convictions pursuant to current legislation.
9.2 With regard to the provisions of letter k) of the previous paragraph, the Company reserves the right to request the criminal record certificate from Scooteristi.
9.3 Scooteristi undertakes to inform the Company of any changes to the declarations and guarantees reported herein.
9.4 Users are aware that the Company does not carry out any preventive or subsequent checks on the truthfulness represented and guaranteed by Scooteristi registered on the Platform pursuant to this Article 9; The Scooterista is, therefore, solely responsible if his statements are false, incomplete or no longer true. - Obligations of Scooterists
10.1 Scooterists must:
a) share the Trip with the passenger within the limits of the autonomy displayed on the Application map;
b) use the Navigator only with headphones;
c) comply with the Highway Code and any other road traffic regulations;
d) respect the Code of Ethics referred to in the following article 12;
e) follow the itinerary and activities specifically provided for by the Scooter Tour reserved by the User, as shared by the Company.
The Scooterist is also prohibited from:
a) bringing with him women who are obviously pregnant;
b) carrying more than one passenger;
c) smoking, eating and drinking while driving;
d) driving while drunk or under the influence of drugs;
e) using mobile devices (such as smartphones, mp3 players, etc.) in such a way as to interfere with driving. - Passenger warranties and representations
11.1 The Passenger represents and warrants:
- be in such a physical and psychological condition as to make him fully suitable for transport by motorbike or car;
- that his/her psycho-physical conditions do not pose risks to the personal safety of the passenger, the Scooterist or third parties.
11.2 The Company does not carry out any preventive or subsequent checks on the Passenger’s full capacity to be transported on a two-wheeled vehicle.
- Code of Ethics
The Scooterista acknowledges that the use of the Scooter Tour Platform is based on trust. The Scooterista undertakes not to use the Passenger’s data, nor to contact the Passenger to directly provide other Rides or itineraries outside of the specific Ride.
In the event that 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 may also impose a penalty of up to € 300.00. - Liability
13.1 The Company’s activity is limited to the provision of technological services connected to the use of the Platform and its functions. The Platform and its Services are provided by the Company as they are, without any guarantee regarding the effective continuity of the 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 willful misconduct or gross negligence, the Company’s liability for damages towards the User in relation to the services provided through the Platform may not exceed the maximum amount of € 50.00.
13.2 As a consequence of these general conditions of the Company, in no case is the Company obliged to provide transport nor can the User request that the Company provide said services. The Company is not liable in any case for damages of any nature suffered by Users or third parties for events connected to the transport of passengers, or, by way of example, the Company is responsible for any accidents, delays, failure to comply, agreed changes to routes, etc.
13.3 It is the User’s sole responsibility, before the start of the trip, that the Passenger or Scooterista is in possession of the necessary guarantees and representations pursuant to articles 9 and 11 above. Any violation can be reported to the following email address: scooterinopalermo@gmail.com. Participation in a Ride or a Tour on a Scooter is the User’s sole responsibility.
13.4 Before the start 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 in accordance with the law. If there is no insurance coverage or, for any reason, the insurer refuses to cover any claims, the User will be responsible for all financial, economic and legal consequences associated and will not request compensation or damages from the Company, and the User waives any claim in this regard.
13.5 In any case, the Company’s liability for any damage suffered by the User is limited to the amount paid by the User. In no case will the Company be liable, directly or indirectly, for any damage, of any nature, suffered by the User and/or the Scooterista during a trip or a Scooter Tour.
14 Processing of personal data and geolocation
14.1 The User’s data will be processed in accordance with the privacy policy adopted by the Company, and in full compliance with the principles and rules of Italian legislation on privacy (Legislative Decree no. 196 of 2003). In particular, upon registration, the User authorizes the Company, pursuant to and for the purposes of Articles 13 and 23 of the aforementioned Legislative Decree no. 196 of 2003 regarding the processing of personal data.
14.2 Users are aware that the Service requires the localization of their geographic location according to the methods and within the limits identified in the privacy policy.
14.3 Scooteristi recognize and accept that, by activating the specific functionality of the Platform, other Users and the Company will be able to view and track their position within the Application map for the entire time in which this functionality remains active. - Duration, termination
15.1 The contract is for an indefinite period.
15.2 The User has the right to withdraw from the contract without charge and at any time, using the specific features of the platform to close their account; in this case the Scooterista will be entitled to a refund of the sums credited to their account within 90 days of closing the account. Withdrawal by the Passenger entails the total loss of any promotional credits on your account.
15.3 In all cases of failure to fulfill the obligations referred to in the previous articles 3, 4, 7, 5 and 8, the Company reserves the right to terminate the contract by registered letter or certified electronic mail (PEC) sent to the User, without prejudice to the right to compensation for damages, and any other remedy provided by law or the conditions of use.
15.4 In the event of withdrawal due to the User’s fault, the Company will have the right to retain any sums of money or promotional credits due to Scooterists or Passengers as reimbursement and/or compensation, without prejudice to the right to compensation for greater damages. - 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 Scooter Tour brand, logos, distinctive signs and any other content in the form of text, database, graphics, drawings, sounds, music, interfaces, etc. on this site are the exclusive property of the Company, with the consequence that their use for any purpose other than the simple use of the services ancillary to the Platform is expressly prohibited without the written consent of the Company.
16.3 Any improper use, direct or indirect, of logos, distinctive signs of the Company, the Platform and the Service is also expressly prohibited.
The use of such logos and brands on mopeds, motorcycles, helmets, t-shirts, gadgets, and any other object must be expressly authorized by the Company and, in the absence of such authorization, such use is expressly prohibited.
16.4 In performance of the Agreement and in order to improve the Services provided through the Platform, the User 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, analyze, aggregate data with others, develop on a statistical basis, disseminate and communicate to the public also in reworked form, and otherwise exploit 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 content from its archives and will cease publishing it; - Changes to the General Conditions and Features of the Platform
17.1 The Company reserves the right to change these general conditions, including financial conditions, at any time, by communicating the text of the new conditions to the User at least 15 days before the new conditions come into force; the communication may be made via email, viewable within the Platform or by notice with any means or method that ensures the availability of the communication by the User. During the notice period, the User may withdraw from the contract, it being understood that at the end of such notice period, use of the Service implies acceptance by the User of the modified conditions.
17.2 The Company reserves the right to change, improve and eliminate the features of the Platform at any time, without this entailing any right of the User to any form of compensation or reimbursement; where possible, the Company will provide the User with adequate information on the changes to the main features of the Platform. - Applicable law and competent court
18.1 Without prejudice to more favorable provisions in the national legislation of the EU Member States in which the Users who use the Service as consumers are resident (i.e. for purposes other than their professional activity), the Contract is entirely governed by Italian law.
18.2 Except for the mandatory jurisdiction of the place within the European Union in which the Users who use the Service as consumers are resident, any dispute in any way connected to the formation, execution, interpretation and termination of the Contract will be referred exclusively to the Court of Palermo. - Miscellaneous
19.1 Given the personal nature of the User’s account, the assignment by the User of this contract or of the rights and obligations arising from it is strictly prohibited.
19.2 The User authorizes the Company, without the need for specific subsequent consent, to assign this Contract or the rights and obligations arising from it to other companies in its group, or to entities to which it may be leased or transferred in the future, or resulting from a merger, split 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, superseding any previous agreement, whether oral or written.
19.4 Any tolerance of the violation of one or more provisions of this document cannot be interpreted as a tacit waiver of the rights arising from the violated provisions.
[Acceptance of general conditions] Pursuant to and for the purposes of articles. 1341 and following of the Civil Code, I declare that I have carefully read and accepted the content of the following clauses: 3 – Costs of the ride service; 4 – Cost of the Scooter Tour service; 5 – Rules for Ride-Sharing; 6 – Rules for sharing the Scooter Tour; 7 – Sharing of costs; 8- User comments and ratings; 13 – Responsibility; 16 – Intellectual property; 17 – Modifications to the General Conditions and Functionality of the Platform; 18 – Applicable law and competent court; 19-Miscellaneous