Terms of Use and General Service Conditions

Edition of 06 September 2024

Dear User, before proceeding to browse the site and use the services, we invite you to carefully read the following General Terms and Conditions. Accessing, browsing and using the site implies express acceptance of these General Terms and Conditions and the user's obligation to comply with them.The Privacy Policy, available at the following address: https://transfervda.com/pages/privacy-policy, is to be considered an integral part of these General Terms and Conditions of Use.The transfervda.com site is owned by Winservices S.n.c., with registered office in Via Monte Zerbion n. 8, 11024 Chatillon (AO), VAT 01152180079, REA AO-717000 contacts: e-mail taxiaosta@gmail.com, PEC winservices@registerpec.it, telephone 3397113050. The company provides services for the transfer of people to and from the main cities and airports in Northern Italy, with destinations in the tourist resorts of the Aosta Valley.The present General Conditions regulate the contractual relationship between Winservices S.n.c. and the Client, who intends to take advantage of the services offered, according to the terms and conditions specified below.

DEFINITIONS

Terms and Conditions, the following definitions are used in this contractual document. They are to be interpreted indifferently in the singular or plural, depending on the context.

1. "Winservices S.n.c.", "Owner" or "Supplier": The Company Winservices S.n.c., with registered office in Chatillon (Ao), via Monte Zerbion n. 8, 11024, VAT 01152180079, mail taxiaosta@gmail.com, pec winservices@registerpec.it, Tel 3397113050
2. "Customer": the subject, natural and/or legal person, who requests the provision of the services that are the subject of these General Conditions for him/herself or for the Passenger. Unless stated otherwise, the Customer also acts in its capacity as a Passenger.
3. "General Service Conditions": this contractual document that regulates the relationship between the Parties. This distance contract is governed, inter alia, by Legislative Decree No. 70 of 9 April 2003 on electronic commerce.
4. "Privacy Policy": The information provided pursuant to Article 13 of the EU Regulation 679/2016 (GDPR), with which Winservices S.n.c. describes the methods for collecting, managing and processing the personal data of Customers and Passengers.
5.  "Parties": Winservices S.n.c. and the Customer, jointly defined.
6. "Passenger": the final party that uses the transport service. The Passenger may or may not be the same as the Customer who has purchased the services. If different, the Passenger declares that they have been authorised by the Customer to request and accept changes to the contract of carriage.
7. "Platform": The online portal owned by Winservices S.n.c., accessible at the web address transfervda.com, through which Customers may request the services offered.
8. "Services": The transport services offered by Winservices S.n.c., governed by these General Conditions of Service.

USE OF THE PLATFORM

By using the Platform the User agrees

• to use the same exclusively for lawful activities
• not to make false or fraudulent requests; where there are plausible grounds for believing that such requests are of this nature, the Holder reserves the right to cancel the request and inform the competent authorities;
• provide his data correctly and truthfully. Likewise, the user consents to the use of this information to execute the request (privacy policy).

If the information is not provided in full, it will not be possible to process your request

INDUSTRIAL AND INTELLECTUAL PROPERTY

The Platform domain name is the property of Winservices S.n.c. The Platform and all its constituent elements are the exclusive property of Winservices S.n.c., which holds exclusive rights of use and exploitation of the brand name.

The Platform, in its entirety, as well as each of its constituent elements (photographs, texts, videos, logos, etc.), together with these legal documents, are considered to be intellectual works protected under the Industrial Property Code and copyright law.

Any total or partial reproduction, downloading, modification or use of the trademark, photographs, logo and any other element present on the site, for any purpose whatsoever and on any medium whatsoever, is strictly prohibited without the prior written consent of the legitimate owners.

OBJECT OF THE CONTRACT AND SERVICES OFFERED

Winservices S.n.c. offers Clients, upon request, the following Services:

• Transfers: the service consists of transporting the Client to the indicated destination, without intermediate stops. Once the destination is reached, the driver leaves the Customer and does not remain at his disposal. Transfers include, but are not limited to, connections to and from airports and other places of interest.

Vehicles provided by Winservices S.n.c. include:

• Car with a capacity of 1 to 3 passengers;
• Minibuses with a capacity of 4 to 8 passengers;
• Buses with a capacity of 9 to 60 passengers.

Unless otherwise agreed between the parties, the obligation of Winservices S.n.c. in providing the Services requested is an obligation of means and not of result, therefore it is not subject to evaluation in terms of performance or achievement of specific results.

It should be noted that the chauffeur-driven car hire (NCC) service provides for the use of vehicles for the transport of passengers, driven exclusively by drivers enrolled in the Professional Role of the category at the competent Chambers of Commerce, and in possession of all the requirements and valid documents authorising public operation.

ACCESS TO THE SERVICE

By accessing and/or using the Platform, the Customer declares, in relation to the subject matter of these General Terms and Conditions of Service, that he or she has the capacity to act in accordance with the legislation in force in his or her State of residence and that he or she has reached the legal age of 18 years (unless otherwise provided for by the legislation of his or her State of reference). A minor Customer may not use the Service except through the intervention of a parent or legal guardian.

BOOKING AND CONCLUSION OF CONTRACT

These General Conditions of Service, together with the details contained in the Platform, constitute an invitation to submit a proposal to purchase the Services and not an offer to the public.

In accordance with Legislative Decree No. 70 of 9 April 2003 on electronic commerce, Winservices S.n.c. informs Customers that:

• The contract between Winservices S.n.c. and the Customer is concluded via the Internet;
• The Customer, by accessing the Platform and following the indicated procedures, can formalise his or her Reservation;
• The Reservation may be corrected, modified or cancelled up to the time of its submission;
• Once sent, the Reservation will be evaluated by Winservices S.n.c., which reserves the right to accept or reject it;
• In order to request the Services, the Customer must complete and send the appropriate form on the Platform.

The Customer is required to provide an email address and telephone number associated with the Passenger, which will be used by Winservices S.n.c. for all communications relating to the Reservation and the execution of the contract.

The Reservation will be considered to have been sent once Winservices S.n.c. receives the correctly completed form electronically.

By sending a Reservation, the Client declares that he/she has read and fully accepted these General Conditions of Service and the Privacy Policy. By submitting the Reservation, the Client expressly acknowledges the obligation to pay the price and other amounts due under these General Terms and Conditions of Service.

After sending the Reservation, the Client shall receive a confirmation e-mail from Winservices S.n.c. at the address indicated, containing: a copy of the General Conditions of Service, the Client's details and the Reservation. The Client undertakes to verify the accuracy of the data and to promptly report any corrections to the e-mail address taxiaosta@gmail.com.

Since the Reservation represents a proposal for requesting the Services, the contract shall only be considered concluded upon confirmation by Winservices S.n.c.

The Client acknowledges that Reservations are subject to acceptance by Winservices S.n.c., which reserves the right to refuse them at its own discretion, including in the following cases 1) inability to provide the Services due to errors in the information provided by the Customer, 2) technical errors on the Platform.

In accordance with Article 12 of Legislative Decree 70 of 2003, Winservices S.n.c. informs the Customer that each Reservation sent is stored in digital or paper format at its premises, guaranteeing confidentiality and security. The Customer may request a copy by writing to the e-mail address taxiaosta@gmail.com.

MODALITIES FOR THE PROVISION OF SERVICES AND THEIR AVAILABILITY

The Services that are the subject of the contractual relationship governed by these General Service Conditions are those available in the electronic catalogue published on the Platform at the time of the Reservation made by the Customer. Please note that the images and descriptions provided may not exactly represent the Services, which may differ in model/category, colour, shape or size of the vehicles used for transport.

Within one hour of the Reservation, Winservices S.n.c. shall send an e-mail to the Customer/Passenger containing

• the acceptance of the transport request, with consequent confirmation of the conclusion of the Contract;
• the itinerary of the transport service, indicating the place of departure, destination and time of departure and arrival (with the possibility of variation of the departure time by +20 minutes with respect to that indicated)
• the costs of the transport service;
• the method of payment selected.

In the event of waiting more than 20 minutes, and subject to notification and acceptance by the Holder, a surcharge of € 20.00 shall be applied for each fraction of an hour of delay for cars or minibuses, and € 35.00 for other vehicles, to be paid directly to the driver before the transfer.

Winservices S.n.c. cannot be held responsible for the temporary or permanent unavailability of one or more Services and/or related transport services. In the event of unavailability, even temporary, of the Services requested, Winservices S.n.c. undertakes not to charge the Customer any costs. If the Reservation has already been made and payment has already been made for Services that are no longer available, Winservices S.n.c. will refund the corresponding amount.

The driver reserves the right to refuse the trip if the passenger does not respect the rules of behaviour inside the vehicle, or if he/she believes that the Customer or passenger is affiliated with illegal organisations, or uses the Services in an illegal manner or for illegal purposes.

Winservices S.n.c. reserves the right not to accept Reservations that are considered abnormal in terms of quantity or frequency of purchases made on the Platform. Furthermore, Winservices S.n.c. reserves the right to refuse Reservations from: a) Customers with whom a legal dispute is ongoing; b) Customers involved in credit card payment fraud; c) Customers who have provided false, incomplete or inaccurate identification data.

It should also be noted that the arrival times and journey durations are entirely indicative, and therefore Winservice cannot be held responsible for any delays, caused by, but not limited to, weather and traffic conditions.

PRICES OF TRANSPORT SERVICES

The prices of transport services indicated on the Platform are in EUR and include VAT.

These prices are not fixed, but vary depending on various factors, such as: the date and/or place of departure and/or arrival, the type of transport service requested, any additional services, the time and distance of the journey. By using the Platform and entering the details of the transport requested during the Reservation phase, the Customer actively participates in determining the final price.

PAYMENTS

The Customer undertakes to pay the price of the booked transport services in accordance with the terms and timing stipulated in these General Terms and Conditions of Service. Payment may only be made by one of the methods indicated on the Platform, as described below.

Credit and debit cards: Cards from the main international circuits are accepted. If, for any reason, it is not possible to charge the amount due, the purchase procedure will be automatically cancelled and the contract terminated in accordance with Article 1456 of the Civil Code. In this case, the Customer shall be informed by e-mail. The charge shall be made at the time the Reservation is sent. Sensitive payment card data (card number, cardholder, expiry date, security code) will be encrypted and transmitted directly to the payment provider, without passing through the servers used by Winservices S.n.c.. Therefore, Winservices S.n.c. does not have access to or store the Customer's payment card data.

Tax receipts and/or invoices relating to the purchase of transport services booked through the Platform will be issued by Winservices S.n.c.

Cash: The Customer has the option to make payment in cash directly to the driver before using the transport service

DURATION OF THE CONTRACT

The Contract shall be deemed concluded upon the occurrence of one of the following events

1. Completion of the transport;
2. Sending by Winservices S.n.c. of a communication to the Customer/Passenger, informing him/her of the non-conclusion of the Contract.

In the event of termination of the Contract and consequent right to reimbursement, Winservices shall refund the Customer the amount due using the same method of payment used for the purchase, unless otherwise agreed in the Contract.

CANCELLATIONS, BOOKING CHANGES AND REFUNDS

Cancellations

The Customer acknowledges that the right of cancellation provided by the Consumer Code does not apply to the transport services provided, since these are car rental and/or services related to leisure activities with a specific date or period of performance.

However, the Customer has the option of cancelling the Reservation as set out below:

• Cancellation of the Reservation is possible without prior notice and without penalty if made at least 7 days prior to the scheduled start date of the transport service.
• If the cancellation is requested later than 7 days before the scheduled start date of the service, the Client shall not be entitled to any reimbursement.

To request a cancellation of the Reservation, the Client must send a communication to the e-mail address taxiaosta@gmail.com.

Changes

The Client may request changes to the Reservation made, subject to the following conditions:

• Modification within 7 days of the start date of the service: The Client may request a modification of the Reservation without prior notice and without penalty, provided that the request is made at least 7 days before the scheduled start date of the service. However, the Client agrees to pay any surcharges associated with the change.
• Modification after 7 days from the service start date: If the request for modification is made less than 7 days before the scheduled service start date, the Customer acknowledges that a surcharge may be applied for the modified transport service. Furthermore, the Client agrees to pay any surcharges related to the modification. In the event of unavailability of the vehicle originally booked, the service may be performed with a different vehicle, even of a lower category or type, and the Client waives any reimbursement for such change.

All changes shall only be considered valid if they are confirmed in writing and include the new applicable fare. If the requested change cannot be made, the service will be reconfirmed as originally booked.

To request a change to the Reservation, the Client must send an e-mail to taxiaosta@gmail.com.

Refunds

It is understood that if the Customer/Passenger fails to arrive at the place and time set for the start of the transport service, he/she shall not be entitled to any refund, even if the non-show is due to circumstances for which the Customer is not responsible (such as, for example, air or rail delays). In such situations, the Customer is invited to request reimbursement directly from the airline or railway company responsible for the disruption.

VEHICLE REQUIREMENTS

Winservices S.n.c. is committed to providing a high-quality service, using safe vehicles, equipped with all the necessary comforts and driven by professional drivers.

The company guarantees the use of vehicles that are recently registered, insured and compliant with the regulations in force in Italy and the European Economic Community.

In addition, passenger transport is fully covered by the insurance policy taken out by the NCC for its vehicles with third parties.

LUGGAGE TRANSPORT

Each passenger is authorised to carry with them

• 1 standard-sized hold luggage;
• 1 piece of hand luggage.

Any excess luggage, such as sports equipment (e.g. skis, gear) must be declared at the time of booking to ensure that the rented vehicle is suitable for such needs. Winservices S.n.c. reserves the right to charge a surcharge for excess luggage

if the use of a vehicle of a different size to that normally provided for the number of passengers booked is necessary.

The driver may refuse to load undeclared bulky items, excess baggage or baggage unsuitable for the transport conditions (e.g. broken, dirty, wet suitcases) if he/she considers that they may jeopardise the safety of the journey.

Passengers' property is transported under their sole responsibility, declaring their ownership at the time of embarkation. Winservices S.n.c. and the driver are not liable for theft, damage or loss of luggage.

CARRIAGE OF CHILDREN

If one or more passengers are children, the Customer must request the necessary equipment (child seats or booster seats) during the booking process. This equipment will be provided for a fee. In the event that such transport equipment is not selected Winservices S.n.c. shall not be obliged to provide such services and shall not owe any refund to the Client/Passenger. Furthermore, Winservices S.n.c. shall not be liable for any damages suffered by the Customer and/or Passenger.

TRANSPORT OF ANIMALS

If the Client requires the transport of animals, where permitted by applicable laws and regulations, he/she must indicate this requirement during the booking process and/or contact Winservices S.n.c. before completing the booking. It is also necessary for the Customer/Passenger to provide a suitable pet carrier. In the absence of these conditions, Winservices S.n.c. shall not be obliged to provide the requested transport service, no refund shall be due and Winservices S.n.c. shall not be liable for any damages suffered by the Client and/or Passenger.

CUSTOMER BEHAVIOUR DURING USE

Users of the hire service are forbidden to:

• Smoking during transport;
• Throwing objects from vehicles, whether stationary or in motion;
• Defiling, soiling or damaging the vehicle;
• Eating and/or consuming alcoholic beverages;
• Requesting the transport of pets without having taken, in agreement with the hirer, all necessary measures to prevent damage or soiling to the vehicle;
• Demanding that the transport take place in violation of safety regulations and the Highway Code.

In the event of violation of these rules or inappropriate behaviour, such as vandalism or activities that compromise the safety of the driver or make him uncomfortable, Winservices S.n.c. reserves the right to claim compensation for damage to the vehicle or for cleaning required due to excessive dirt caused or carried by the passenger.

INSURANCE

The company is covered by insurance for risks arising from transport in accordance with the law and the provisions of this contract. However, the company's liability is limited to the maximum amount of the policy and will not cover personal injury or property damage exceeding this amount.

The company shall not be liable for loss of or damage to the goods transported by the Customer in the event of force majeure, unforeseen events, inherent defects in the goods, errors or omissions on the part of the Customer, or if the damage is caused by the inherent characteristics of the goods themselves.

In addition, the Customer undertakes to indemnify and hold the company harmless against any claims made by its insurance companies, for whatever reason or title, that may arise against the company in the future.

DRIVER ABSENCE

In the event that the driver fails to appear, the passenger must contact the driver directly using the telephone number provided by SMS at least one hour before departure. If the driver cannot be reached, the passenger must immediately contact customer service for assistance and to find a solution. Should the passenger fail to contact customer service within 15 minutes of the scheduled time for the driver's presentation, Winservices S.n.c. shall not be held liable for any consequences arising from the driver's failure to appear.

ROLE AND OBLIGATIONS OF WINSERVICE SNC

After the conclusion of the Contract and the Booking Confirmation, Winservices S.n.c. undertakes to provide the Services with the necessary professionalism, diligence and competence.

Winservices S.n.c. will guarantee the maintenance of the Platform, updating it with the latest programming techniques and ensuring the security of the data and information contained therein.

The Company also undertakes to provide the Customer with the necessary information on the operation of the Platform and to offer assistance if needed.

Winservices S.n.c. will not be held liable for any illegal, illegitimate, false or inaccurate content provided by the Customer. The Customer undertakes to indemnify and hold Winservices S.n.c. harmless from any request or claim relating to such content.

With the exception of liability for fraud or gross negligence, Winservices S.n.c. excludes any right of the Customer to compensation for damages or the payment of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons or property resulting from the failure of the Platform and/or the Services provided by Winservices S.n.c.

OBLIGATIONS OF THE CUSTOMER

The Customer undertakes to use the Platform and the Services purchased exclusively in accordance with these General Conditions of Service, for lawful purposes and without violating the rights of Winservices S.n.c. and/or third parties.

The Customer declares that all information provided is true, accurate and not misleading. The Customer acknowledges that such information is essential for the performance of the Contract and accepts sole responsibility for any false, inaccurate, incomplete or omitted information.

For the provision of the Services, the Customer is obliged to provide Winservices S.n.c. with all necessary information, ensuring that it has the rights and/or authorisations to process and/or provide such information.

The Customer undertakes to fulfil its obligations with loyalty and good faith, respecting the rights of Winservices S.n.c.

The Customer authorises Winservices S.n.c. to credit its bank account and collect the sums due for the transport services requested.

For security reasons and/or local regulations, it is forbidden to place luggage within the space reserved for passengers. Therefore, all luggage must be placed in the luggage compartment.

If the Customer needs to transport luggage in excess of the indicated limit, he/she must declare this during the Reservation process (specifying the number and description of the luggage) and/or contact Winservices S.n.c. prior to the Reservation. In the absence of such declaration, Winservices S.n.c. shall not be obliged to provide the Services requested and shall not be liable for any damages suffered by the Customer and/or Passenger, nor shall any refund be due.

The Client is obliged to inform the Passengers included in the Reservation of the General Conditions of Service and the Privacy Policy, ensuring that all Passengers accept them. Otherwise, the Client will be held liable for any damage or prejudice arising for Winservices S.n.c.

TERMINATION

The Contract shall be terminated in the event of non-payment, even in part, of the amount due. If the amount is not paid or if payment is not confirmed, the Contract shall be automatically terminated pursuant to Article 1456 of the Civil Code.

If the passenger fails to arrive at the agreed pick-up point within the free waiting period of 20 minutes from the scheduled time, without having cancelled the booking or communicated any delays, and if the passenger cannot be reached at the telephone number provided, the Contract shall be considered terminated by right pursuant to Article 1456 of the Civil Code. In any case, the passenger will be required to pay the full amount for the booked service.

CANCELLATION BY WINSERVICE SNC

Winservices S.n.c. reserves the right to cancel Reservations made by Customers involved in credit card payment fraud and/or Customers who have provided identification and/or transport service data (such as, for example, incorrect route or mileage information) that prove to be false, incomplete or inaccurate. In such cases, the Customer shall not be entitled to a refund and shall also be liable for compensation for any damages resulting from such cancellation.

PRIVACY AND COOKIE POLICY

In order to understand the processing of personal data on the Platform, it is necessary to consult the Privacy Policy.

For information about cookies, i.e. small text files that store visitors' preferences in order to improve the functionality of the Platform, simplify navigation and analyse the use of the Platform, please read the Cookie Policy.

FORTUITOUS EVENT OR FORCE MAJEURE

Winservices S.n.c. will not be held liable for any breach of its contractual obligations, including information obligations, in the event of force majeure or unforeseen events. Such events, by way of example but not limited to, include acts of war or terrorism, strikes, national or local states of emergency, malfunctioning of transport infrastructures, power cuts or other essential services, earthquakes and other natural disasters.

INTEGRALITY

Should any provision of these General Terms and Conditions of Service be declared null and void, ineffective or annulled, this shall not affect the validity of the remaining clauses and other applicable conditions. Should any limitation, exclusion, restriction or other provision of these General Terms and Conditions of Service be declared null and void or annulled by a court of law, and should the Supplier be liable for loss or damage, compensation for damages shall be limited, in the event of slight negligence, to the total value of the Contract.

CUSTOMER SERVICE AND COMPLAINTS

To obtain information, send communications, request assistance or make complaints, the Customer may contact Customer Service by e-mail at taxiaosta@gmail.com or by using the chat available on the site.

Winservices S.n.c. undertakes to respond to complaints as quickly as possible.

LOST OBJECTS

In case of loss of personal items inside the vehicles, the passenger or customer may report the forgetfulness by sending an email to taxiaosta@gmail.com. The customer is responsible for any transport and delivery costs of the recovered item.

Non-perishable items will be stored for 12 months, after which they will be donated to charity. Perishable items will be disposed of on the expiry date.

SERVICE AVAILABILITY

The provision of Services on the Platform may be temporarily suspended, without prior notice, for the time required to perform essential and/or appropriate technical work on the Platform.

APPLICABLE LAW AND PLACE OF JURISDICTION, ALTERNATIVE DISPUTE RESOLUTION

For all matters not expressly provided for in these General Conditions of Service, reference is made to the provisions of the Civil Code and the regulations in force. If the Customer qualifies as a "consumer" according to current legislation, the provisions of Legislative Decree 6 September

2005, No. 206 (Consumer Code) shall apply, except for those concerning distance contracts and contracts negotiated away from business premises.

Pursuant to Article 14 of Regulation (EU) No 524/2013, we inform consumers that a European platform for online dispute resolution (ODR platform) is available. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

Unless otherwise provided by law, the parties undertake to use mediation before initiating any legal proceedings relating to disputes concerning the use of the Platform, the Services, or these General Terms of Service, including issues of interpretation, validity, effectiveness, enforcement and resolution.

Any dispute relating to the execution, interpretation and termination of this agreement, which cannot be resolved by mediation or other extra-judicial method, shall be submitted to the exclusive jurisdiction of the Court of Aosta. However, if the Client is considered a "consumer" pursuant to the Consumer Code, the jurisdiction shall be of the court of the place of residence or domicile of the consumer, if located in the territory of the State.

CHANGES

Winservices S.n.c. undertakes to ensure that the privacy policy and these General Conditions of Service are always accessible and up-to-date. These documents may be modified or updated at any time. The user is obliged to consult the privacy policy and the General Terms and Conditions of Service before placing any order.

Changes and new conditions will come into effect from the moment they are published in the relevant section of the Platform. Therefore, users are invited to check the most recent version of the General Terms of Service before placing any order.

The applicable General Terms and Conditions of Service are those in force on the date the request is sent.