A. Forming an integral and substantive part of these Terms and Conditions are the Terms and Conditions which you represent and warrant that you have read and accepted;
B. Wego acts as a mere technological intermediary between users registered on the volvero platform and is, therefore, a third and unrelated party to the direct to regular relationship between Driver and Owner.
C. Wego has no control over, and shall in no way be held accountable for, the conduct of Users. In particular, the User is made aware that Wego is not the owner, lessor and/or holder in any capacity whatsoever of the vehicles shared and does not receive any compensation and/or reimbursement related to the, being the consideration due to Wego by the User due solely by reason of the technological intermediation activity, aimed at facilitating access to the Platform and the Services offered therein, through the Site and the Application;
D. These Terms and Conditions of Sharing apply to all sharing relationships established by means of the Platform;
- Accessories: All equipment that gives access to full use of the vehicle, as well as services provided by volvero, where appropriate. The following are considered accessories: the car keys and associated key fob, card reader, on-board computer, radio, antenna, MP3 cable, GPS, child seat, chains, carrier, vehicle insurance certificate, copy of vehicle license, accident report documents, vehicle manual, car mats, spare tire or repair kit, toolbox, trunk tray, safety vest, warning triangle, fuel card, parking access card, and electric vehicle charging cable.
- Advert/Listing: means a Vehicle indicated as available for sharing by an Owner through the Site, Application and Services.
- Application: The mobile technology application (IoS and Android compatible) called volvero owned and operated by Wego.
- Access details: Username and password of each User’s account;
- General Terms and Conditions of Sharing: These general terms and conditions of sharing.
- Terms: Terms and Conditions of use available at this link.
- Content: means text, graphics, images, music, software (excluding the Application), audio, video, information, or other material.
- Driver: Platform user who decides to make a reservation and use a shared vehicle on the volvero platform.
- Taxes/Taxes: indicate any sales tax, value added tax (VAT) and any other taxes by law applicable to payments made by means of the platform.
- Owner: means the natural or legal person who owns one or more vehicles made available for sharing by creating an Ad through the Site, Application and Services.
- Platform: refers collectively to the App, the Site, and the Services.
- P&S Policy: Peace and Safety insurance policy available at this link.
- Reservation Procedure: has the meaning given in Article 6 (Procedure for vehicle reservation and payment) of the Conditions.
- Data Sheet: indicates a summary sheet of the technical characteristics and condition of a vehicle made available for sharing by an Owner.
- Services: The services of brokerage, payment, insurance, and aimed at sharing a vehicle between Owner and Driver as further described in Article 3 of the Conditions.
- Website: www.volvero.com
- User: means the natural or legal person, as Owner or Driver, registered on the volvero Platform.
- Vehicle: means any equipment, device, or machine such as cars, mopeds, motorcycles, bicycles, and others that is used as a means of transportation, registered on the volvero platform.
- Wego: Wego S.r.l. with registered office located at 55 Giuriato Street, 36100 Vicenza, Italy.
1. BEFORE SETTING OUT IN THE SHARED VEHICLE.
- Before embarking on the trip with the booked Vehicle, at the time of delivery, the Driver is invited to carry out a thorough check of the condition of the Vehicle covered by the booking. Wego, therefore, invites the Driver not to embark on the trip without first checking the condition of the Vehicle and this is because the sharing contract and the corresponding reimbursement only cover the damage to the Vehicle indicated in the “Data Sheet” provided by the Owner at the time of making the Vehicle available for sharing on the “volvero” platform.
- Before starting to use the Vehicle, the Driver must proceed to check for the presence of damages of the Vehicle, external or internal, other than those expressly reported and indicated by the Owner in the “Technical Data Sheet” of the Vehicle” and of which the Driver, by booking, expressly declares that he/she has read them.
- In the event that, at the time of delivery, the Driver finds the presence of damages other than those indicated in the “Technical Data Sheet” of the Vehicle the Driver himself is obliged to report them immediately to the attendant and / or appointed by the ‘Owner present at the time of delivery or, in the case of the absence of the latter, by contacting volvero’s customer service directly at the following number: +39 353 320 1096.
- In addition to the presence of any damage, external or internal, the Vehicle, the Driver is required to verify that the Vehicle delivered by the Owner is equipped with:
- registration card;
- spare tire or alternatively tire repair kit
- all safety devices;
- the tires required by current regulations at the time of takeover or chains;
- the warning triangle Vehicle parked;
- a reflective vest;
- FULL TANK;
- jack and emergency equipment
- In addition to this, the Driver should verify that:
- the Vehicle license plates are securely attached to the vehicle;
- the windshield and rear/side mirrors are free of chips limiting proper visibility;
- the indicator lights (four turn signals, side turn signals, brake lights, license plate lights and tail lights) are fully functional;
- the windows, if electric, are working;
- all interior accessories (by way of example: air conditioning, interior lights, navigation system) are working;
- washer fluid is present;
- the wipers are fully functional;
- tire pressure is correct.
- In the event that the Driver determines that the Vehicle provided by the Owner is not suitable for safe driving on the road, he/she may proceed to initiate the reimbursement procedure as expressly described, in the terms and conditions, under article 9 (Cancellations and Modifications) of the Conditions (link).
- The Driver is invited, in any case, to take analytical view of all the technical specifications of the shared Vehicle and to request any information deemed useful so that the use of the Vehicle during the entire period of sharing can take place in a diligent and expert manner.
- The Driver, before embarking on the trip, is required to check which fuel is correct for any subsequent refueling.
- The Driver is made aware that he/she is the only person entitled to drive the shared Vehicle. In the event that the Vehicle is driven by parties other than the Driver, an additional charge will be applied for each additional driver. In this hypothesis, the rules regarding age and duration of possession of the driving license yes as indicated in the Conditions shall apply to all additional drivers. If the Driver intends to take advantage of the “additional driver” service, he is obliged to complete the section on the latter’s identification data, as well as to upload in the appropriate section present at the time of booking the photo (or pdf file) of the additional driver’s driving license.
- In the event that the “additional driver” service has been selected by the Driver, the Driver is obliged to verify the validity of the driving license of any additional drivers yes as uploaded in the relevant section at the time of booking. The Driver is also made aware of and expressly accepts that all rights and obligations arising from these General Conditions of Sharing, the Conditions as well as the relevant individual sharing agreements, where entered into separately between Owner and Driver, shall also apply in favor of and to the additional driver, who shall be jointly and severally liable with the Driver himself for any breach, cost, expense and/or liability in contract or tort.
- It is understood and agreed that the driving of the Vehicle by parties other than the Driver or additional drivers, reported through the appropriate procedure, will result in the loss of the additional insurance coverage with which all vehicles on the platform are equipped.
2. WHILE ON THE ROAD
- The Driver is required to use and keep the Vehicle in accordance with the diligence of the “good family man”, with the utmost care and, above all, is required to fully comply with the regulations set forth in the Highway Code (Legislative Decree 285/1992 as amended) during the entire period in which the Vehicle is shared and until the keys are returned to the Owner. In particular, the Driver is required to comply with all the technical specifications of the Vehicle and to keep constantly monitored the functionality of the same and the suitability of the vehicle for road use.
- If the Driver encounters the existence of certain problems of a technical nature, he/she must promptly inform the Owner or contact Wego at the support number: +39 353 320 1096. In any case, the Driver is required to behave appropriately and take all necessary precautions to avoid aggravating any technical problems or faults encountered.
- Should any technical issues arise with the Vehicle during the trip that prevent its safe circulation or use, the Driver is required to immediately and promptly inform the Owner or, alternatively, by contacting volvero directly at the service number: +39 353 320 1096.
- In the event that certain urgent and unavoidable repairs are necessary due to technical failure or breakdown that prevents the use of the Vehicle or otherwise prevents its safe use, the Driver is required to contact Customer Service immediately and slavishly follow the information provided. a. However, where it transpires that the breakdown or technical failure is attributable to the culpable or willful conduct of the Driver the costs incurred in connection with the roadside assistance service will be charged to the Driver.
- In the cases referred to in article 2.4. above, the Driver is expressly forbidden to proceed with the repair without having previously contacted the Owner or Customer Service. In any case, it is expressly forbidden for the Driver, in the event of a breakdown, to abandon the Vehicle, all obligations relating to its custody remaining with the Driver. If the Driver spontaneously carries out interventions not authorized by Customer Support or the Owner, he will be responsible for any damage caused to the Vehicle.
- During the sharing period, the Driver is expressly forbidden to:
- Have individuals other than those authorized drive the Vehicle;
- Violate any rule of the Highway Code (Legislative Decree 285/1992, as amended);
- Use the Vehicle for commercial and/or economic purposes (for example: transporting passengers for a fee or transporting goods for a fee);
- Employ the Vehicle for participation in races, competitions or other contests. This restriction also extends to driving on circuits used for motor racing;
- Driving the Vehicle in prohibited areas i.e. on surfaces not suitable for vehicular traffic (dirt roads, off-road)
- Towing other vehicles;
- Use the Vehicle for illegal or otherwise unlawful purposes;
- Putting oneself behind the wheel while impaired by alcohol and/or drugs;
- Use the Vehicle for vehicle testing or safe driving courses;
- The transportation of illegal, easily inflammable, explosive materials or in any case to be considered dangerous to the safety of persons or property;
- Tamper with or alter, in any way, the Vehicle or standard accessories;
- Engage in any other conduct that may endanger or injure the safety of the driver himself/herself, any passengers, other third parties and/or threaten or compromise the integrity of the Vehicle in use, other vehicles and/or surrounding property;
- Violate the terms and conditions stated in the P&S Policy.
- The Driver is made aware that in the event of any breach of the obligations referred to in paragraph 2.6. above, the Owner and the Driver shall have the right to terminate this contract pursuant to the effects of art. 1456 of the Civil Code, without prejudice to the right of the Owner and/or Wego to claim damages. In the event of early termination of the sharing relationship due to a cause attributable to the Driver, any costs related to the immediate restoration of possession incurred by the Owner will be placed directly at the expense of the Driver by charging the means of payment chosen by the same at the time of booking.
- In addition, Driver, is hereby made aware that all damages, pecuniary and non-pecuniary, arising from the violation of the provisions of 2.6 et seq. above shall result in the loss of any insurance guarantees, including P&S Policy coverage, and, to that effect, Driver shall be held solely and exclusively liable with respect to all damages, losses, and costs incurred by Owner as a result of failure to comply with the limitations set forth in 2.6 et seq. above.
- Driver acknowledges and expressly agrees that he/she shall be solely responsible with respect to the payment of all tolls, fines, penalties, administrative sanctions or other contraventions related to the use of the Vehicle during the period of sharing. In the event that the appropriate Authorities proceed to request payment directly from the ‘Owner as owner of the Vehicle, the fines, costs and expenses all advanced by the Owner shall be reimbursed by the Driver by charging the means of payment chosen by the Driver at the time of booking.
- In any case, the Driver acknowledges and expressly agrees to indemnify and hold harmless the Owner and Wego from any cost, expense, penalty or fine (however named) and/or claim arising from the use of the Vehicle during the sharing period. In particular, the Driver is hereby made aware that he/she will be charged an additional 30 euros as an administrative fee for the handling of paperwork related to fines, penalties, or contraventions.
- The Driver, subject to the provisions of paragraph 1.6. above, shall use the proper fuel for the shared Vehicle and shall be liable for and reimburse all costs incurred for any repairs to the Vehicle, transportation expenses, and any other costs or charges caused directly or indirectly by the use of the wrong fuel.
- In any case, Driver agrees to indemnify and hold Wego and Owner harmless with respect to the deterioration, misappropriation, destruction, or any damage suffered by the things, animals and/or persons carried by Driver in the Vehicle during the period of sharing, for the care of which Driver is solely responsible.
3. WHILE ON THE ROAD: VEHICLE DAMAGE AND THEFT.
- The Driver is made aware and expressly acknowledges that all damages to the Vehicle, other than those pre-existing and indicated in the “Technical Data Sheet” of the booked Vehicle, are the sole responsibility of the Driver, except in the event that such damages have been reimbursed by third parties (or relevant Insurance Companies) or in the event that it is established that the damage is dependent on the fault of the Owner.
- The Driver also acknowledges and expressly agrees that with the delivery of the keys he becomes the custodian of the Vehicle until it and its keys are returned to the Owner. In the event that the Driver at the time of redelivery is not able, for any reason, to return the keys of the Vehicle will be charged the same the costs for the replacement of the keys in addition to a penalty totaling 30 euros.
- In the event that the Vehicle has been stolen, the Driver is required to immediately notify the Authorities, Customer Service and the ‘Owner. In the event that the theft is the fault of the Driver (theft is reported without returning the keys) the Driver shall pay the full listing value of the stolen Vehicle.
- In any case, the Driver is requested, as custodian of the Vehicle during the sharing period, to exercise the utmost diligence in the use of the Vehicle and to take every precaution to preserve its integrity.
- Since the Insurance will cover only the period of use initially agreed upon, unless an extension is agreed upon, the Driver accepts and agrees to be responsible for all damages that may be caused during the periods other than those agreed upon and for any damages not covered by the RCA and P&S Policy.
4. WHILE ON THE ROAD: ACCIDENTS
- All vehicles made available by the Owner are insured for Third Party Liability. the Driver, therefore, is insured against all third-party claims for damages, pecuniary and non-pecuniary, to persons, for personal injury or death, and to the property of others. This insurance is included in the cost of the sharing fee.
- In the event of an accident, the Driver must take action in order to procure the evidence necessary for the proper identification of responsibility. To this end he shall: (1) proceed to prepare the C.A.I. form or, alternatively, request the intervention and report of the incident to the Traffic Police, Carabinieri or Traffic Police; In any case the Driver is obliged to transmit, copy of the C.A.I or the report drawn up by the police within 24 from the incident or deliver it in person at the time of the return of the Vehicle, provided that the same takes place within 24 hours after the accident (2) collect the names and addresses of the witnesses present; (3) if requested, even afterwards, cooperate with the Owner in the management of the causes that may arise as a result of the accident; (4) not leave the Vehicle unattended and without adequate safeguards.
- In the event that no accident has occurred in the course of sharing, in order to enable the Owner to protect his rights against fraud or unfounded claims, the Driver must nevertheless, when returning the Vehicle, explicitly state that he has not suffered or caused any event. In any case, damages reported to the Vehicle and not duly reported in the C.A.I. or in the report drawn up by the police will be fully charged to the Driver on the means of payment used for the reservation.
- If at the end of the sharing, upon inspection of the Vehicle, unauthorized repairs are found to have been carried out which are not indicated in the data sheet, the Driver shall in any case pay the Owner the price for the full replacement of the component on which the said repair is found to have been carried out, unless he proves that the work carried out was previously authorized by the Owner or, in any case, subsequently deemed suitable by the Owner.
5. THE RETURN OF THE VEHICLE AT THE END OF SHARING
- At the beginning of the sharing period, the Vehicle is delivered with the tank completely full of fuel. Therefore, at the end of the sharing period, the Driver is required to return the Vehicle with the tank completely full of fuel.
- If the Vehicle is not returned with a full tank of fuel, Wego, acting as a collection agent for the ‘Owner who has made the Vehicle available, will charge the Driver for the costs of the Vehicle refueling service. In this case, the Driver will be charged the costs incurred for the additional fuel needed to fill the tank, with additional penalty of 30 euros.
- The Driver is obliged, in all cases, to return the Vehicle in the state it was in at the time of delivery. In particular, in the case of excessively dirty car inside, excessively dirty car outside, presence of smoke smell inside the car, signs of the presence of animals, Wego reserves the right to charge the Driver for the cleaning service costs incurred by the Owner. These costs are calculated based on the time it took to clean the Vehicle. In addition to these costs, a penalty of a total of 30 euros will be charged.
- The Driver is reminded that the shared Vehicle must be returned on the day, place and time indicated in the sharing voucher issued at the time of booking. The Driver is made aware that early return of the vehicle will not entitle him/her to any reduction or partial refund of the sharing fee established and paid.
- A delay of thirty minutes with respect to the scheduled time for the return of the Vehicle shall not result in the application of any penalty. In the event that the Driver returns the Vehicle more than thirty minutes late, the Driver will be required to pay the daily rate, to which will be added a penalty of a total of 30 euros.
- In the event that the shared Vehicle is equipped with a navigator, the Driver is made aware of the circumstance that the data entered therein or the trips entered may remain in the memory of the navigator itself, with particular regard to any connection with personal telephone devices. Therefore, the Driver is requested to proceed with the deletion of all data in the present navigation system of the Vehicle at the time of return.
- All standard accessories inside the Vehicle are the exclusive property of the Owner who has made the Vehicle available for sharing and the Driver is expressly prohibited from removing them. In the event that, at the time of redelivery, there has been the removal or removal of certain accessories from the Vehicle by the Driver, the Driver himself acknowledges that he will be charged the relevant replacement costs in addition to the possible exercise of criminal action and a penalty of 30 euros per missing accessory.
- All vehicles on the platform must be obligatorily equipped with a valid RCA contract. When finalizing the reservation, users sign the P&S Policy, compatible with current regulations, which the Driver and Owner declare to know and accept in full, without reservations and/or exceptions.
- The insurance coverage of the P&S Policy begins from the moment when the Driver, after duly completing the booking procedures stipulated in these terms, takes delivery of the Vehicle.
- Insurance coverage under the P&S Policy is automatically revoked if the Driver engages in any of the following conduct:
- The personal or Vehicle-related information provided by Driver and/or Owner does not match the information entered on the platform. – Owner and Driver agree on a change of reservation details without using the modalities provided by the platform;
- The reservation payment is not made entirely by means of the platform;
- Any extension of the booking period must mandatorily be made through the platform. If this is not possible, the Driver must promptly and without further delay contact customer service;
- The Vehicle is not in compliance with the laws and regulations for road traffic.
7. REFUND AND DEBIT AUTHORIZATION
- The Driver undertakes to pay the Owner a reimbursement for sharing the vehicle, it being understood that the same cannot in any case be qualified as a rental fee, the same being intended solely to reimburse the Driver for expenses incurred for maintenance, cleaning, insurance coverage and any other expenses necessary to ensure the proper functioning of the vehicle.
- The reimbursement must be paid exclusively through the electronic payment systems on the Platform, will be credited to the Driver, upon delivery of the Vehicle, through the Site and/or the Application. Users are expressly prohibited from making payments by means other than those provided on the Platform.
- The Reimbursement, at the discretion of the Driver, may consist of a variable component parameterized to the kilometers driven during the sharing (the “Variable Reimbursement“).
- In the event that a Variable Reimbursement is provided, payment of the same shall be made at the end of the rental, through the payment systems on the Platform.
- The Driver is required to provide Wego with specific authorization to use a credit/debit card in his or her name. It should be noted that if the amount charged to the credit/debit card exceeds the amount that the Driver could reasonably have expected, taking into consideration his previous spending pattern, the terms of the payment services framework agreement of the institution that issued the card, and the relevant circumstances of the case, the Driver shall be entitled to make a claim against the bank that issued the card, within eight weeks of the payment amount being charged.
- The Driver irrevocably authorizes Wego S.r.l., also as the agent of the Owner and/or other parties authorized by it to collect, to charge the means of payment indicated at the conclusion of the Sharing Agreement, or specified on the agreement itself, or provided subsequently or otherwise indicated, for all charges for sharing the Vehicle and additional charges arising from the Sharing Agreement, pursuant to items 2 through 4 above.
- From the time of receipt of the refund request by the card-issuing institution, the Driver is entitled to a 180-day review period for his request. The refund on the Driver’s credit card will occur as soon as possible after the expiration of this review period.
- The compensation with Wego credits is only allowed for credits claimed by the Driver, or by an authorized driver, that are not disputed or have been definitely ascertained.
- It is understood that it is the Owner’s right to require an escrow deposit for all obligations arising from these General Conditions of Sharing, the Conditions, as well as all other obligations and/or burdens on the Driver as owner of the vehicle. The amount of the escrow deposit may not exceed 500 euros.
8. APPLICABLE LAW
- These Terms and Conditions of Use of the Service shall be governed by and construed in accordance with Italian Law and the parties agree that competent to decide any dispute related to the interpretation, performance of this agreement shall be under the Italian Law.
9. LEGAL NOTES
- The Platform and the website www.volvero.com are published by WEGO S.R.L. via Giuriato 55, 36100 Vicenza, Italy, P.IVA 04157060247 For further information, please contact WEGO S.R.L. at the following e-mail address firstname.lastname@example.org