Last Updated: March 29, 2016
The reference law is Italian.
APPTAXI SCRL, represented by its temporary legal representative and headquartered in Milan (MI), at Via Gallarate No. 249, with Tax Code and VAT Number 09031780969 and certified email address firstname.lastname@example.org, has developed, under the brand appTaxi, for which it holds the rights, a mobile application – hereinafter referred to as “the application” – as well as the website http://www.apptaxi.it. This application is compatible with IOS and Android operating systems and can be downloaded onto smartphones.
This enables the user of the application – hereinafter referred to as “user” – to book, based on the terms set forth below, passenger transportation services, which will be provided by carriers – hereinafter referred to as “drivers” – affiliated with APPTAXI SCRL.
The service provided by the appTaxi application facilitates the connection between the user and the driver through the said application, under the general conditions outlined below.
1. SUBJECT OF THE CONTRACT: THE SERVICE PROVIDED BY APPTAXI
1.1. APPTAXI SCRL provides the user with the appTaxi software and mobile application service free of charge, which can connect to the Internet. Through these, the user can use the appTaxi service and request passenger transport services by a taxi, in accordance with Articles 1678 and subsequent of the Civil Code, subject to the availability of vehicles at the time of the request.
The application enables the vehicle driver to detect the exact location of the requesting user, which is transmitted to the driver along with the personal data entered by the user for their identification.
1.2. To utilize the services provided by APPTAXI SCRL, the user must download the appTaxi application free of charge and then proceed to register, providing their true first and last name (username), email address, mobile number, and gender. Upon completion of registration, the user will receive a One Time Password (OTP) via SMS to the provided mobile number for the verification of said number, thereby acquiring the right, based on these conditions and applicable laws, to use the appTaxi software and application.
The OTP is valid for 3 minutes, after which the user must request a new code. The OTP is indeed valid for a single use and cannot be used for the same OTP on multiple phones.
1.3. By using the aforementioned application and sending a service request, the user’s location is geolocated via GPS and directed to the nearest taxi driver or one competent for the requested area.
1.4. The user requesting the transport service can, through the aforementioned application, specify the type of vehicle most compatible with their needs by entering precise data in specific filters provided in the application. However, by inputting such specific filters, the user acknowledges that at the time of the specific request, the aforementioned vehicles with the requested features may not be available, notwithstanding the availability of other taxis with generic characteristics.
1.5. In the services provided by the aforementioned application, the requesting user is responsible for:
– the internet connection necessary to use the application, according to their mobile operator’s tariff plan;
– the technical requirements and configuration, as well as the performance of the device for the use of the application and the updating of the necessary software.
Such expenses are borne by the user requesting the service and under their responsibility.
1.6. The request for transportation service made through the appTaxi application is generally free for the user, who is not required to pay any fee to APPTAXI SCRL. However, there may be an obligation to pay an additional fee to the driver for the ride, as per the provisions of municipal administrative authorities under law, Article 5, paragraph 1 of Law 21/92. In this regard, since appTaxi collaborates with local carriers who, through an operator, verify the details of the user’s request and assign it via existing radiotaxi systems, an additional fee as stipulated by municipal administrative authorities may apply.
1.7. By requesting a taxi through the application and the subsequent acceptance by the driver, a binding, fee-based contract is concluded between the requesting user and the taxi driver. However, appTaxi bears no responsibility for obligations arising from the private passenger transport contract, as the user, by signing this document, acknowledges that the service provided by appTaxi is confined to merely facilitating the match between supply and demand. The payment for the requested service is made in accordance with current regulations exclusively between the user and the driver.
2. PAYMENT METHODS
2.1. appTaxi offers users the option to pay for the requested taxi service through the same application. This option, referred to hereafter as in-app payment, is entirely at the user’s discretion. The use of in-app payment does not incur additional costs except those charged by the user themselves during checkout and those arising from any fraudulent behavior of the user. The use of the in-app payment function is an option entirely at the discretion and choice of the user, and the use of the in-app payment function entails the user’s acceptance of the conditions stated below.
2.2. Once the decision to pay via the application is made, the user can no longer use alternative means of payment other than the application itself, except as provided for in point 2.8).
2.3. The user who agrees to pay the fee via the application must register their credit card (or a different card, if selecting a different payment method available at checkout) in the appTaxi application, thereby accepting the payment method and the associated contractual and operational constraints.
2.4. To access the payment section through the application, the user must enter a self-created PIN code in the designated space, which must then be kept confidential and not disclosed to third parties.
2.5. The user who opts to make the payment through the application must pay the amount communicated by the driver and displayed on the taxi’s meter. This amount is considered VAT exempt under Article 10 of Presidential Decree 633/72. Concurrently, the user will receive a payment notification on their mobile phone, demanding payment of the stated amount.
2.6. If, for any reason, the payment notification does not arrive at the end of the ride, the user is not exempt from making the payment. It is the user’s responsibility to check if there are any outstanding payments in the ride list within the application.
2.7. To make a payment via the application, the user must access the application, verify the accuracy of the ride details, the amount to be paid, and click on the “pay now” option. By doing so, the user completes the transaction using the previously registered credit card or other indicated payment method.
2.8. Before leaving the taxi, the user must confirm with the driver that the payment has been successfully processed. However, connectivity issues or force majeure circumstances may allow the user to leave the vehicle and make a deferred payment. In case of cell phone malfunction, poor connectivity in a certain geographical area, non-working battery, or generally, if the transaction is denied for reasons unrelated to appTaxi – for which appTaxi will not be held responsible – the driver may allow the user to pay for the ride in cash.
2.9. If the user fails to pay for pending rides recorded in the application within 5 days from the service provided, appTaxi reserves the right to withdraw the corresponding amount for the ride from the credit card or any other card registered in the application. Furthermore, the user is not exempt from unpaid payments by deleting their credit card or other card details from the application. By signing this contract, the user agrees that appTaxi may authorize the charge of the ride to the credit card entered by the user. The user is responsible for any additional costs arising from the delayed authorization. Specifically, the user will be charged for unpaid amounts and withdrawals, as well as a penalty of €5.00 (five euros) for each day of delay in payment, starting from the day the ride was made.
2.10. The confidentiality, preservation, and security of the user’s credit card data are ensured through Banca Sella’s iFrame and Tokenization security systems. appTaxi does not come into contact with the user’s credit card data and is not responsible for it in this regard.
2.11. The user who requests transportation service through the application and subsequently is not present at the indicated location when the driver arrives, without having previously canceled the ride, will still be required to pay for the requested but unutilized ride. By entering their credit card details in the application, the user consents to appTaxi withdrawing a flat fee of €10.00 (ten euros) as compensation for lost earnings due to the user’s non-compliance, in accordance with Articles 1218 and 1223 of the Civil Code, unless it is proven that the non-compliance was due to an impossibility arising from a cause not attributable to the user. Similarly, the user could be criminally liable under Article 340 of the Penal Code for causing an interruption or disturbance in the regularity of the service.
3. ISSUANCE OF RECEIPT CONFIRMING PAYMENT
3.1. The user who makes the payment through the application receives an email communication, referred to as an ‘electronic receipt,’ at the email address provided during registration and specified in the application, which confirms the payment for the ride. This receipt does not have fiscal value as the transport services provided through the taxi service are not subject to the obligation of issuing a fiscal receipt or tax receipt, in accordance with Article 2, paragraph 1, of Presidential Decree 696/96. If the user expressly requests a fiscal invoice, they will be responsible for the payment of the corresponding amount, including VAT. The user who makes the cash payment for the ride directly to the driver, as indicated in point 2.8), will receive a receipt signed by the driver himself.
3.2. appTaxi does not guarantee the delivery of the email communication in case of reception issues on the user’s mobile device due to third parties. It is the user’s responsibility to ensure that the correct details are provided during the registration process.
4. MODIFICATION AND TERMINATION OF THE SERVICE
4.1. appTaxi reserves the right to modify the application at any time in order to develop and improve its quality.
4.2. appTaxi has the right to temporarily or permanently suspend the service for serious reasons, even without providing individual prior notice to the user. Such information will be provided with a three-month notice in a generalized manner through the home page of the website http://www.apptaxi.it.
5.1. With the registration and installation of the application, the user is not entitled to continuous and uninterrupted availability of the application. appTaxi, however, commits to achieving the highest degree of availability and to removing any malfunctions as quickly as possible.
6. WARRANTY AND AVAILABILITY
6.1. The user must personally verify, under their own responsibility, the accuracy of the information they are sending when using the appTaxi application.
6.2. appTaxi does not guarantee that the information transmitted by the user is correct and complete or that it reaches the service-providing driver within the expected time frame.
6.3. In the event of damage due to incorrect, incomplete, or delayed transmission of information, or due to unavailability or malfunction of the application, appTaxi is liable only to the extent that such damage is caused by intentional misconduct or gross negligence.
6.4. Similarly, if the application or data transmission affects or damages the user’s hardware or software, appTaxi is liable only in cases of intentional misconduct or gross negligence. Conversely, appTaxi is not liable for any loss of the user’s data, as the security and backup of data is the responsibility of the user themselves.
6.5. In cases of negligent breach of contractual obligations, liability is proportional to the value of the requested transportation service and, in any case, exists only if the origin and destination of the journey have been specified. In no event shall appTaxi be liable for any damages that may arise to the user concerning their personal sphere.
6.6. appTaxi is not responsible for the performance of the taxi company providing the service and the driver themselves, as its function is limited exclusively to facilitating the search and communication between supply and demand.
6.7. appTaxi will not be held responsible if it temporarily or permanently suspends the service, in whole or in part, for a serious reason.
6.8. appTaxi bears no liability regarding the content and third-party websites on the homepage of http://www.apptaxi.it.
6.9. appTaxi utilizes third-party cartographic maps, and these maps may not be up-to-date or accurate. Therefore, appTaxi is not liable for any service disruptions caused by the lack of updates to the maps used for positioning the user and the lack of updates to the road network related to the origin and destination of the journey.
7. USER OBLIGATIONS
7.1. The user is obliged to provide their personal data truthfully, completely, and in accordance with the provisions set forth from time to time by appTaxi, and to keep this information updated. In the course of using the application, the user is required to strictly adhere to these general conditions and applicable laws.
7.2. The user must use the application in a manner that does not create interference, overloading, or damage to the application itself, nor pose risks or compromises. The user must not compromise or alter, personally or through third parties, the security devices of the application.
7.3. The software provided to the user may not be copied, modified, developed, decompiled, or expanded by them.
7.4. In the event of a breach by the user, appTaxi, in order to prevent misuse of the application, has the right to exclude the user from individual functions or all functions of the application temporarily or, in the case of serious violations, permanently, automatically preventing access to the said application.
7.5. The user is solely responsible for the confidentiality and security of their account. They are obliged to immediately inform appTaxi of any unauthorized uses.
7.6. If inappropriate use by the user causes damage to third parties, the responsibility lies with the user themselves. Furthermore, the user indemnifies appTaxi from any liability towards third parties who misuse the application.
7.8. Personal data of other subjects that are transmitted to or made known to the user may only be processed by them within the scope and for the purposes of this application. They cannot be communicated to uninterested third parties, except in the presence of specific authorization.
8.1. The user may withdraw from their contract in writing (by registered mail or certified email communication), without any obligation to provide a reason. The withdrawal becomes effective within 15 days from the day the user communicates their withdrawal in the aforementioned forms.
8.2. The contract for the provision of the software and for the use of the application may be terminated in writing by either party at any time, without any obligation to provide a reason.
9. LIABILITY FOR CONTENTS OF PUBLISHED REVIEWS
9.1. The responsibility for the contents published and transmitted in the service (Reviews) lies exclusively with the user who publishes them. They are obliged to comply with the laws, respect good manners, and adhere to the principle of objectivity.
9.2. Should the user violate the law, they indemnify appTaxi from any liability towards third parties. Furthermore, appTaxi reserves the right to claim compensation for damages resulting from a deliberate violation of legal norms.
9.3. If the published contents violate the above-mentioned rules, appTaxi is authorized to remove them immediately.
10. PROTECTION OF PERSONAL DATA
10.1. All personal data provided by the user is processed solely for the purposes of these terms and for the processing of contracts concluded, in compliance with the provisions of Italian laws on the protection of personal data, pursuant to and for the purposes of articles 7 and 12 of Legislative Decree 70/2003 of italian law.
10.2. By signing this contract and requesting the service, the user consents to their location being periodically determined (GPS location) and their personal data being transmitted to the driver for identification following their request through the application.
10.3. Personal data necessary to enable the request for services and, where available, the method of calculating the consideration, are used exclusively for the processing of the contracts concluded. Such usage data includes, in particular, elements that identify the user, data on the start and end of the service, and the extent of use carried out from time to time, as well as data on the means of distance communication used by the user.
10.4. The user consents to the usage data being used for advertising, market research, and offer formulation related to the service used for the creation of usage profiles using pseudonyms. Consent to the use of data can be denied at any time. In no case are usage profiles cross-referenced with the data associated with them.
10.5. The user consents to the communication of their data to appTaxi for the purpose of executing the contract and/or for legal reasons. Data may only be transmitted to third parties in compliance with legal provisions.
10.6. The user consents to the data related to their location following the localization at the time of using the application also being transmitted to the driver to whom the service request is sent.
10.7. If further information is required or if the user intends to deny or withdraw their consent to the use of essential data and/or withdraw their consent to the use of usage data, the user is invited to contact appTaxi at the website http://www.appataxi.it.
10.8. The user is required to sign the privacy disclosure pursuant to art. 13 Legislative Decree 196/2003 attached to these contract conditions.
11. FINAL PROVISIONS
11.1. The invalidity, inapplicability, or incompleteness of any provision shall not affect the validity of the other provisions of this contract. In the absence of specific provisions for the specific case, the current and compatible legal regulations, as well as codified rules, shall apply.
11.2. appTaxi reserves the right to modify these general terms and conditions within reasonable limits for the user. The general terms and conditions can be viewed at any time on the website http://www.apptaxi.it or within the application on the device used.
11.3. The place of conclusion of this contract is Italy, and in this regard, it shall be subject exclusively to Italian laws. The competent court for the establishment of any disputes is exclusively the one in Milan.