Terms and conditions

Terms and Conditions of elmastransfer.com

These Terms govern, in a legally binding manner:

The use of elmastransfer.com and any other agreement or legal relationship with the owner. Users are invited to read this document carefully. The Data Controller is Blue Transfer srl p.i./c.f 03763670928. Email address of the Owner: info@elmastransfer.com. Information about elmastransfer.com:

Elmastransfer.com is an online platform for booking transfer services and renting cars and buses with drivers. "Elmastransfer.com" refers to this site, including related subdomains and any other site through which the Owner offers the Services.

1. TERMS OF USE

Unless otherwise specified, the terms of use of elmastransfer.com presented in this section have general validity. Additional terms of use or access applicable in particular situations are expressly indicated in this document. There are no restrictions regarding users based on whether they are consumers or businesses.

1.1 Registration

To use the Service, the User can create an account by providing all required data and information completely and truthfully. It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available. It is the Users' responsibility to securely maintain their login credentials and preserve their confidentiality. For this purpose, Users must choose a password that meets the highest security standards available on elmastransfer.com. By creating an account, the User agrees to be fully responsible for all activities conducted using their login credentials. Users are required to inform the Owner immediately and unequivocally through the contact details specified in this document if they believe their personal information, such as their User account, login credentials, or personal data, have been violated, illegally disseminated, or stolen.

1.2 Account Closure

The User is free to close their account and cease using the Service at any time by following this procedure: using the account closure tools available on elmastransfer.com or by contacting the Owner using the contact details in this document.

1.3 Account Suspension and Cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms. Suspension or cancellation of the account does not entitle the User to any right to compensation, refund, or indemnity. Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

1.4 Content on elmastransfer.com

Unless otherwise specified or clearly recognizable, all content available on elmastransfer.com is owned by or provided by the Owner or its licensors. The Owner takes utmost care to ensure that the content available on elmastransfer.com does not violate applicable laws or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to legally exercisable rights and claims, Users are requested to direct related complaints to the contact details specified in this document.

1.5 Access to External Resources

Through elmastransfer.com, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content or availability. The conditions applicable to resources provided by third parties, including those applicable to any grants of rights on content, are determined by these third parties and governed in their terms and conditions or, in their absence, by law.

1.6 Permitted Use

Elmastransfer.com and the Service may only be used for the purposes for which they are offered, under these Terms and in accordance with applicable law. It is the User's sole responsibility to ensure that their use of elmastransfer.com and/or the Service does not violate any laws, regulations, or third-party rights.

2. TERMS AND CONDITIONS OF SALE

2.1 Paid Products

Some of the services offered on elmastransfer.com are subject to a fee. Rates, duration, and conditions applicable to the sale of such Products are described below and in their respective sections of elmastransfer.com.

2.2 Service Description

Prices, descriptions, and availability of services are specified in their respective sections of elmastransfer.com and are subject to change without notice. The characteristics of the selected service will be specified during the purchase process.

2.3 Purchase Procedure

Every phase, from choosing the service to submitting the order, is part of the purchase procedure. The purchase procedure includes the following steps: Users are invited to choose the service and verify the accuracy of the data. After checking the entered information, Users can place the order by submitting it.

2.4 Order Submission

Submitting the order entails the following: The submission of the order by the user determines the conclusion of the contract and obligates the User to pay the price, taxes, and any additional charges and expenses as specified on the order page.

If the purchased service requires an active contribution from the User, such as the provision of information or personal data, specifications, or special requests, the submission of the order also constitutes an obligation for the User to cooperate accordingly. Once the order has been placed, Users will receive a confirmation of receipt of the order. All notifications related to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

2.5 Prices

During the purchase procedure and before submitting the order, Users will be duly informed of all fees, taxes, and costs that will be charged to them. The prices on the site include all applicable fees, taxes, and costs.

2.6 Payment Methods

Details regarding accepted payment methods are highlighted during the purchase procedure. Some payment methods are subject to additional conditions or incur extra costs. Detailed information is provided in the relevant section of elmastransfer.com. All payments are independently managed by third-party services. Therefore, elmastransfer.com does not collect payment-related data, such as credit card numbers, but receives a notification once the payment has been successfully completed. If any payment made using one of the available methods fails or is declined by the payment service provider, the Owner is not obligated to fulfill the order. Any costs or fees resulting from a failed or declined payment are the responsibility of the User.

2.7 Reservation of Rights of Use

Until the Owner receives full payment of the purchase price, the User does not acquire rights of use for the ordered services.

2.8 Performance of Purchased Services

The service purchased on elmastransfer.com generates a transport contract. The contract is considered concluded when, upon completing the reservation procedure, the customer accepts this "terms and conditions of sale" document and verifies that all entered data is correct.

3. Transport Contract

3.1 Transport Conditions

These transport conditions apply to contracts signed through the online procedure on the website elmastransfer.com.

3.2 Carrier Definition

The site is managed by Blue Transfer s.r.l., an authorized carrier for passenger transport, holding N.C.C. authorizations and the Sardinia region's authorization for the rental of buses with drivers (registration REN N58074). In some cases, Blue Transfer may use external providers; in this case, the same transport methods and conditions are guaranteed.

3.3 Carrier's Liability

Blue Transfer s.r.l. is liable for: a) Non-compliance and delays according to general regulations on obligations; b) Any incidents affecting the traveler and for loss or damage to items the traveler carries, unless it proves that all suitable measures were taken to avoid the damage.

3.4 Accuracy of Data Entered by the User in the Booking Form

During the quote request phase, the system uses Google Maps to ask the user to enter the starting point and destination. It is essential that the user enters the addresses in a detailed and precise manner. If an incomplete address is provided, a specific alert will appear. For example, if the user only enters the city name without specifying the street and house number, the system will automatically identify a fictitious point on the map, which may be kilometers away from the real location. In such situations, the carrier declines any responsibility for missed pick-up and reserves the right to apply a surcharge for extra kilometers traveled. If the desired address or structure is not available in the search, the user can only enter the name of the locality and subsequently add the address or name of the structure in the "notes for the driver," provided that the address is valid and traceable, with a detailed description. For example, if the user is trying to book an unregistered hotel on the map, they can follow this procedure: in the address field, type the locality, e.g., "Castiadas,” and proceed with the booking. When reaching the "notes for the driver" field, enter the name of the structure, e.g., "Sant’Elmo Beach Hotel."

3.5 Notes Field

The notes field on the form is used to communicate details or additions to the booking; for example, users can provide instructions to the driver on where to wait or specify the actual dimensions of a piece of luggage. The notes are not a binding part of the transport contract and cannot include changes to the route or stops not foreseen in the booking itself, nor can they conflict with these terms of sale.

3.6 Extra-Contractual Requests

The confirmation of the booking entitles the traveler to benefit from the requested services at the price paid on the site; any changes to the services must be agreed upon with the carrier, such as unplanned stops; any unagreed changes will be charged to the passenger.

3.7 Changes to the Booking

Requests for changes to the booking must be communicated at least 24 hours in advance using the appropriate web form. Changes are free of charge and may be subject to new pricing if the new time falls into a nighttime slot or is moved to peak days. Requests for changes with

less than 24 hours' notice must be agreed upon with the carrier; in this case, acceptance of the change is not guaranteed as it depends on other existing bookings.

3.8 Cancellation of the Booking

Cancellation at least 24 hours before the scheduled pick-up time gives the right to a full refund; this communication must be made using the appropriate web form. Cancellations with less than 24 hours' notice relative to the date and time of the transfer do not entitle the user to a refund.

3.9 Partial Refund

For cancellation requests for a service that includes both outbound and return trips, the refund is calculated by subtracting from the total paid the fare of the valid remaining trip.

3.10 Vehicle Types and Possible Substitutions

On the website, users can choose from different types of vehicles. If, for organizational reasons or due to force majeure, the chosen vehicle becomes unavailable and is replaced with one or more vehicles of a different type, no additional cost will be charged if the substitute vehicle is of a higher standard. However, a refund equal to the difference between the two types will be possible for lower-level vehicles. Minibuses and vans may, if necessary, be replaced with two smaller vehicles of the same category without any price variation.

3.11 Waiting in Case of Flight Delays for the Transfer Service

For bookings of the transfer service departing from the airport, a free waiting period of up to two hours is provided in the case of delays in scheduled flights. However, the fare may vary if the service is delayed into a time slot subject to a nighttime surcharge; in this case, the additional amount will be payable directly to the driver. For delays longer than two hours, the user is required to contact the carrier to verify the remaining availability of drivers and vehicles. If no driver is available and no agreement can be reached for a new transfer, a total or partial refund will be issued. Once the flight has landed and the luggage has been collected, the rules from the next section will apply.

3.12 Free and Charged Waiting

For all bookings, the first 10 minutes of waiting from the scheduled pick-up time are free. If, at the end of this period, the passenger has not arrived and cannot be reached at the phone number provided during the booking, the driver is authorized to proceed, and the service will be considered completed (No Show), resulting in the loss of the user's right to a refund. If the passenger requests a delay in departure, starting from the 11th minute, an additional cost will apply, to be paid directly to the driver.

3.13 Child Seats

Article 172 of the Highway Code regulates the use of child seats in vehicles. On our website, users can request child seats of various types: Group 0, Group 1, and Group 2-3. During the booking phase, explanatory images, information about the type of approval, and applicable costs will be provided.

3.14 "Stop or Pause" Option

The "stop or pause" option allows for a stop along the shortest route, without deviations, either at the point of departure or arrival. This stop is valid exclusively for letting passengers on or off or for running errands. The maximum stop time is 15 minutes; after this period, any extra time will be charged and must be paid directly to the driver. Each activation of the option on the site corresponds to an additional 15 minutes of stopping time.

3.15 Definition of Medium Luggage

The luggage capacity of each vehicle is calculated based on the dimensions of a standard medium suitcase, measuring 45 cm x 65 cm x 25 cm. Depending on the real size of the luggage, the number of suitcases that can be transported may vary, both above and below the standard.

3.16 Bulky Luggage

Bulky luggage includes all items that cannot be transported in compact containers, such as suitcases, and that weigh more than 25 kg. This category also includes sports equipment, such as golf clubs, strollers or wheelchairs, and musical instruments that exceed standard dimensions.

3.17 Transporting Pets

Transporting pets in vehicles is regulated by Article 169 of the Highway Code. Pets are allowed on board in a varying number, depending on the type of vehicle and the amount of luggage being transported, and they must travel in their own carriers.

3.18 Food on Board

Eating and drinking (except water) are prohibited in the vehicles.

3.19 Damage to Vehicles

Any damage to vehicles caused by negligence will be charged to the passengers.

3.20 Cleaning Fees

Any cleaning fees due to negligence will be charged to the passengers.

3.21 Forgotten Items on Vehicles

Baggage and items forgotten on board will be stored at the headquarters of Blue Transfer s.r.l. The customer can choose from the following return methods:

• Pick-up at headquarters by appointment;
• Postal shipping with pick-up at headquarters (shipping must be prepaid by the customer);
• Delivery to the desired address via one of our vehicles (the payment will be at standard rates to be borne by the customer);
• Free return delivery during the return journey, if planned.

If, within 7 days, no claims are made, or if it is not possible to identify the owner of the baggage, or if no agreement can be reached on the return methods, the baggage will be returned to the competent authority.

3.22 Calculation of Night Supplement

The night supplement is calculated based on the specific date's tariff for the service on the elmastransfer.com site.

4. Limitation of Liability and Indemnity

European Users

4.1 Indemnity

The User agrees to indemnify and hold harmless the Owner and its affiliates, officers, agents, co-brand owners, partners, and employees from any claims or demands – including, without limitation, legal fees and expenses – made by third parties arising from or relating to negligent activities such as the use or connection to the service, violation of these Terms, or infringement of third-party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners, and employees, to the extent permitted by law.

4.2 Limitation of Liability for User Activities on elmastransfer.com

Unless otherwise specified and subject to applicable law regarding product liability, any claims for damages against the Owner (or any individual or entity acting on its behalf) are excluded. This does not limit the Owner’s liability for death, personal injury, or damage to physical or mental integrity, damages arising from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused with intent or gross negligence, provided that the User's use of elmastransfer.com has been appropriate and correct. Except for damages caused with intent or gross negligence or affecting life and/or personal, physical, or mental integrity, the Owner is only liable to the extent of typical damages for that type of contract that are foreseeable at the time of conclusion.

In particular, within the above limits, the Owner assumes no liability for:

• Any lost profits or other indirect losses that the User may have suffered (such as, merely by way of example, commercial losses, loss of income, profits or expected savings, loss of contractual or business relationships, loss of goodwill or reputational damage, etc.);
• Damages or losses resulting from interruptions or malfunctions of elmastransfer.com due to force majeure or unforeseen and unpredictable events, and in any case, independent of the will and control of the Owner, such as, merely by way of example, failures or interruptions of telephone or electrical lines, internet connectivity problems, inaccessibility of websites, strikes, natural disasters, viruses, and cyber-attacks, interruptions in the supply of products, services or applications from third parties;
• Any losses that are not a direct consequence of a violation of these Terms by the Owner.

Without prejudice to the above, the following limitations apply to all Users who do not act as Consumers: In the event of the Owner's liability, the compensation due cannot exceed the total amount of payments that have been, will be, or could be contractually owed to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.

5. Common Provisions

5.1 No Implicit Waiver

The failure of the Owner to exercise any legal rights or claims arising from these Terms does not constitute a waiver of these rights. No waiver can be considered final concerning a specific right or any other right.

5.2 Service Interruption

To ensure the best level of service possible, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other modifications, providing adequate notice to Users. Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will strive to ensure that Users can extract their Personal Data and information according to legal provisions. Additionally, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructure malfunctions, mechanical failures, etc.).

5.3 Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit elmastransfer.com or the Service, in whole or in part, without prior consent from the owner, expressly granted either directly or through a legitimate resale program. The only legal entities authorized to resell the transport service are travel agencies and tour operators (for which a resale program is provided).

5.4 Privacy Policy

Information on the processing of Personal Data is contained in the privacy policy of elmastransfer.com.

5.5 Intellectual Property

Without prejudice to any specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents, and designs related to elmastransfer.com are exclusively owned

by the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property. All trademarks—whether word marks or figurative—and any other distinctive signs, company names, service marks, illustrations, images, or logos appearing in connection with elmastransfer.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

5.6 Changes to the Terms

The Owner reserves the right to modify these Terms at any time. In such cases, the Owner will provide proper notice of the changes to Users. Changes will take effect on the relationship with the User only for the future. Continued use of the Service implies acceptance of the updated Terms by the User. If the User does not wish to accept the changes, they must cease using the Service. Failure to accept the updated Terms may allow either party to terminate the Agreement. The previous applicable version continues to govern the relationship until the User accepts it. This version can be requested from the Owner.

5.7 Assignment of the Contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, taking into account the legitimate interests of the Users. The provisions relating to amendments to these Terms apply. The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

5.8 Contacts

All communications regarding the use of elmastransfer.com must be sent to the contact details specified in this document.

5.9 Severability Clause

If any provision of these Terms is or becomes null or ineffective under applicable law, the nullity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions, which shall remain valid and effective.

5.10 European Users

If any provision of these Terms is or becomes null, invalid, or ineffective, the parties shall strive amicably to identify a valid and effective substitute provision for the null, invalid, or ineffective one. In case of failure to reach an agreement as stated above, if permitted or provided by applicable law, the null, invalid, or ineffective provision shall be replaced by the applicable legal provisions. Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions in the Agreement are essential or so significant that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

5.11 Binding Version of the Terms

The Terms are drafted and reviewed in Italian. Other language versions of the Terms are for informational purposes only. In case of discrepancies between different language versions, the original version prevails.

5.12 Applicable Law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of laws rules.

5.13 Exception for European Consumers

Notwithstanding the above, if the User acts as a European Consumer and has habitual residence in a country whose law provides a higher level of consumer protection, that higher level of protection prevails.

5.14 Jurisdiction

The exclusive jurisdiction for any disputes arising from or relating to the Terms shall lie with the courts of Cagliari.

5.15 Exception for European Consumers

The above provisions do not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

6. Dispute Resolution

6.1 Amicable Settlement of Disputes

Users can report any disputes to the Owner, who will seek to resolve them amicably. Without prejudice to Users' right to initiate legal proceedings, in case of disputes related to the use of elmastransfer.com or the Service, Users are encouraged to contact the Owner at the contact details indicated in this document. Users can direct a complaint to the email address info@elmastransfer.com, including a brief description and, if applicable, the details of the order, purchase, or account in question. The Owner will address the request without undue delay and within 3 days of its receipt.

6.2 Platform for Dispute Resolution with Consumers

The European Commission has introduced an online platform for alternative dispute resolution that promotes out-of-court resolution of disputes related to and arising from online sales and service contracts. Therefore, any European Consumer or a Consumer based in Norway, Iceland, or Liechtenstein may use this platform to resolve disputes arising from online contracts. The platform is available here.

Definitions and Legal References

Last Updated: February 1, 2025