Terms and conditions
- These Terms govern in a binding manner:
- The use of elmastransfer.com and any other agreement or legal relationship with the holder.
- Please read this document carefully.
- The Data Controller is Blue Transfer srl p.i./c.f 03763670928
- Owner’s email address: email@example.com
- More about elmastransfer.com:
- Elmastransfer.com is a platform for online booking of transfer services and rental of cars and buses with driver.
- "Elmastransfer.com" refers to this site, including its subdomains and any other site through which the Controller offers the Services.
1 CONDITIONS OF USE
- Unless otherwise specified, the conditions of use of elmastransfer.com set out in this section have general validity.
- There are no user restrictions on whether they are consumers or companies.
- To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
- You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.
- It is the responsibility of the Users to keep their access credentials securely and preserve their confidentiality. For this purpose, Users must choose a password that corresponds to the highest level of security available on elmastransfer.com.
- By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials.
- Users are required to inform the Data Controller immediately and uniquely through the contact details indicated in this document if they believe that their personal information, such as the User account, the login credentials or personal data, have been violated, unlawfully disseminated or stolen.
1.2 Closing of accounts
- You are free to close your account and cease using the Service at any time by following these steps:
- Using the account closure tools available on elmastransfer.com.
- By contacting the Data Controller at the addresses in this document.
1.3 Account suspension and cancellation
- The Controller 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.
- The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.
- The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may apply.
1.4 Content on elmastransfer.com
- Unless otherwise specified or clearly recognisable, all content available on elmastransfer.com is the property of or provided by the Owner or/or its licensors.
- The Data Controller takes the utmost care to ensure that the content available on elmastransfer.com does not violate the applicable legislation or third party rights. However, this is not always possible.
- In such cases, without prejudice to the legally enforceable rights and claims, Users are requested to address their complaints to the addresses 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 agree that the Data Controller has no control over such resources and therefore is not responsible for their content and availability.
- The conditions applicable to resources provided by third parties, including those applicable to any grant of rights to content, are determined by the third parties themselves and governed by 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 the use of elmastransfer.com and/or the Service does not violate the law, regulations or rights of third parties.
2 TERMS AND CONDITIONS OF SALE
2.1 Products for a fee
- Some of the services offered on elmastransfer.com are paid.
- The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of elmastransfer.com.
2.2 Description of the service
- Prices, descriptions and availability of services are specified in the 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 Procedure of purchase
- Every step, from the choice of service to the order submission, is part of the purchase process, the purchase procedure includes the following steps:
- Users are requested to choose the service and verify the correctness of the data.
- After checking the visible information, Users can place the order by forwarding it.
2.4 Sending the order
- Sending the order involves the following:
- The sending of the order by the user determines the conclusion of the contract and raises the User’s obligation to pay price, taxes and any other charges and expenses, as specified in the order page.
- In the event that the service purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order is also the responsibility of the User to cooperate accordingly.
- Once the order has been placed, a confirmation of receipt of the order will be sent to the Users.
- All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
- During the purchase process and before placing the order, Users are duly informed of all fees, fees and costs that will be charged to them.
- Prices on the site include all applicable fees, fees and fees.
2.6 Means of payment
- Details of accepted means of payment are highlighted during the purchase process.
- Some means of payment are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of elmastransfer.com.
- All payments are handled independently by third-party services. Therefore, elmastransfer.com does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.
- In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Data Controller is not obliged to execute the order. Any costs or fees arising from the failed or declined payment shall be borne by the User.
2.7 Reservation of rights of use
- Until receipt of payment of the full purchase price by the Owner, the User does not purchase the rights of use of the services ordered.
2.8 Provision of services purchased
- The service purchased on elmastransfer.com generates a contract of carriage, The contract is considered completed when, at the end of the booking procedure, the customer accepts this document "terms and conditions of sale" and verify that all data entered is correct.
3 Contract of carriage
3.1 Conditions of carriage
- These conditions of carriage apply to contracts entered into via the online procedure on the elmastransfer.com website.
3.2 Definition of Carrier
- Blue Transfer s.r.l. as well as the holder of elmastransfer.com is also an authorized carrier for the transport of people, in particular is a concessionaire of authorizations ncc and authorization of the Sardinia region for the rental of buses with driver (registration ren N58074), the carrier can also be an external supplier, in this case the same modes and conditions of transport are guaranteed.
3.3 Liability of the Carrier
- Blue Transfer s.r.l., responds for: a) Default and delay, according to the general rules on obligations b) Any claims that affect the person of the traveller and for loss or damage of the things that the traveller brings with him, if it does not prove that it has taken all appropriate measures to prevent the damage.
3.4 Departure and arrival point rules on the booking form
- When formulating the estimate, it is necessary to include in the respective fields the starting point and the arrival point, the system uses Google maps, the user must enter the addresses in the most detailed way possible, if the name of the city is entered without the street and the street number, the system locates a fictitious point on the map that can distare kilometers from the real place. In these cases the carrier declines any responsibility for the non-delivery and reserves the right to charge any surcharge for extra Km. When a property or address is not present in the search, the user can enter only the location, and then add the address or name of the property in the "notes for the driver", provided that the address is existing, traceable and that the description is detailed and unambiguous. Example: the user is looking for a hotel that is not registered in the map, can proceed in this way, in the address of the site e.g. " Castiadas", normally proceed with booking, when you arrive at the field "notes for the driver" enter the name of the structure e.g. " Sant'Elmo Beach Hotel"
3.5 Field of notes
- The notes field of the form is used to communicate details or additions to the booking, for example you can give directions to the driver to find the right place to wait or specify the actual size of a bag. The notes are not a binding part of the contract of carriage and may not contain changes of route or stops not provided for in the reservation itself.
3.6 Non-contractual requests
- The confirmation of the booking gives the traveller the right to use the requested services at the price paid on the site, any change of services must be agreed with the carrier, for example stages or stops not provided, any change not agreed upon will be charged to the passenger.
3.7 Changes to the booking
- Requests for variation of the reservation must be communicated at least 24h in advance and using the appropriate web form. Changes are free of charge and may be subject to new charges if: The new schedule falls in the night, are moved to peak days. Requests for variation with less than 24 hours notice must be agreed with the carrier, in this case acceptance of the variation is not guaranteed being subject to other reservations already in place.
3.8 Cancellation of booking
- Cancellation at least 24 hours before the date and time of withdrawal entitles you to a full refund, you must communicate it using the appropriate web form. Cancellations less than 24 hours prior to the date and time of booking do not entitle you to a refund.
3.9 Partial refund
- For requests for cancellation of one of the two services of the return booking, the refund is calculated by subtracting the total paid, the fare of the trip that remains valid.
3.10 Vehicle type and possible replacement
- On the website the user can choose between different types of vehicles. If, for organizational reasons, the vehicle chosen is unavailable and is replaced with one or more vehicles of different types, no additional cost will be charged in the case of higher level vehicles. It will be possible to ask for a refund, equal to the difference between the two types, for lower level vehicles. Minibuses and vans could be replaced by 2 smaller vehicles of the same category, without price change.
3.11 Waiting in case of flight delay for transfer service
- For reservations of the transfer service departing from the airport, the wait for the delay of scheduled flights is free, the rate may still vary if the service were to slip into a slot with surcharge at night, the amount will be paid to the driver. For delays longer than two hours, the user must contact the carrier to check the remaining availability of drivers and vehicles, in the event that they are no longer available and no agreement on the new transfer will be issued refund. Once you have arrived and collected your baggage, the rules of the next point apply.
3.12 Free and paid waiting
- For all bookings the first 15 minutes of waiting compared to the scheduled pick-up time are free, if at 15 minutes the passenger does not show up and is unavailable at the telephone number provided during booking, the driver is allowed to leave, the service will be considered as made (No show) and the user will lose the right to refund. However, if the passenger asks to delay the departure, from the sixteenth minute onwards, the driver compatibly with the other reservations in place, can accept extra waiting that will be charged at a cost of 1 euro per minute.
3.13 Child seats
- Article 172 of the Highway Code regulates the use of car seats. If you do not want to bring your seat, on the site you can request the one of the type you prefer: Group 0, Group 1 or Group 2-3, in the description you will find the explanatory images, the type of approval and the possible price.
3.14 Option "extra minutes"
- The "extra minutes" option purchased on the site entitles you to a stop at the arrival location or along the shortest route (no detours) of the specified duration, If passengers exceed the expected time of rest the difference will be charged at a cost of 1 euro per minute.
3.15 Option "additional stage"
- The "additional stop" option gives you the right to a stop along the shortest route (no detours), or in the departure or arrival locations. The stage is only valid for passengers, the maximum stop time is 5 minutes, after which the extra time will be charged at a cost of 1 euro per minute.
3.16 Definition of Medium Cases
- Depending on the capacity of the luggage compartment of each vehicle, the standard average suitcase size of 45 cm x 65 cm x 25 cm is used. Depending on the type of luggage carried, the number of transportable luggage may vary in excess or defect.
3.17 Bulky luggage
- Bulky luggage is considered to be all items that cannot be carried in compact containers such as suitcases or luggage and items that weigh more than 25 kg. This also includes sports equipment such as golf clubs, prams or wheelchairs, musical instruments that exceed the standard dimensions.
3.18 Transport of pets
- The carriage of pets on board motor vehicles is governed by Article 169 of the Road Traffic Code. Pets are allowed on board in a variable number depending on the means and number of luggage transported
3.19 Food on board
- It is forbidden to eat and drink (except water) on vehicles.
3.20 Damage to vehicles
- Any damage to vehicles caused by negligence will be charged to passengers.
3.21 Cost of cleaning
- Any cleaning costs due to negligence will be charged to passengers.
3.22 Forgotten objects on vehicles
- Luggage and items left on board will be kept at the headquarters of Blue Transfer s.r.l., the customer can choose the way of return from one of the following: pick up on site by appointment; postal delivery with collection on site (the shipment must be prepaid by the customer); return to the desired address through one of our vehicles (payment at standard rate charged to the customer); free delivery during the return trip if required. If there are no complaints within 7 days or if it has not been possible to trace the owner of the baggage, or if no agreement is reached on how to return it, it will be delivered to the competent authority.
3.23 Night supplementary calculation
- From 21:00 to 00:29 +25% of the route
- From 00:30 to 04:14 +50% of the route
- From 04:15 to 06:59 +25% of the route
4 Limitation of liability and indemnity
- The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officials, agents, joint proprietors of the trademark, partners and employees of any claim or claim - including, without limitation, legal fees and charges - brought by third parties because of or in connection with culpable conduct such as use or connection to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, joint proprietors of the brand, partners and employees, to the extent of law.
4.2 Limitation of liability for User activities on elmastransfer.com
- Unless otherwise specified and subject to the applicable legal provisions on liability for product damage, any claim for compensation against the Data Controller (or any natural or legal person acting on its behalf) is excluded.
- The foregoing does not limit the liability of the Data Controller for death, damage to the person or to physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to reach the cause of the contract, and/or damages caused by intent or gross negligence, provided that the use of elmastransfer.com by the User has been appropriate and correct.
- Unless the damage was caused intentionally or by gross negligence or affects life and/or personal, physical or mental integrity, the Data Controller is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
- In particular, within the above limits, the Data Controller assumes no responsibility for:
- any loss or loss, even indirect, that the User may have suffered (such as, but not limited to, trade losses, loss of revenue, estimated profits or savings, loss of contractual or commercial relations, loss of goodwill or damage to reputation, etc.);
- damage or loss resulting from interruptions or malfunctions of elmastransfer.com due to unforeseen and unforeseeable events and, in any case, independent of the Data Controller’s will and control, such as, without limitation, failure or interruption of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of third party products, services or applications;
- any losses that are not a direct consequence of a violation of the Terms by the Data Controller;
- Notwithstanding the foregoing, the following limitations apply to all Users who do not act as Consumers:
- In case of liability of the Data Controller, the compensation due may not exceed the total amount of payments that have been, will or may be contractually due to the Data Controller 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 Data Controller’s failure to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver may be considered final in relation to a specific right or any other right.
5.2 Interruption of the Service
- To ensure the best possible level of service, the Data Controller reserves the right to interrupt the Service for maintenance purposes, system updates or for any other changes, giving appropriate notice to Users.
- Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. If the Service is terminated, the Data Controller will ensure that Users can extract their Personal Data and information in accordance with the provisions of law.
- In addition, the Service may not be available for reasons beyond the reasonable control of the Owner (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 the prior consent of the owner, expressed directly or through a legitimate resale program. The only legal entities authorised to resell the transport service are travel agencies and tour operators (with a resale programme)
5.5 Intellectual property
- Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, Trademarks, patents and models relating to elmastransfer.com are exclusively owned by the Proprietor or its licensors and are protected under international laws and treaties applicable to intellectual property.
- All trademarks - word or figurative - and any other distinctive sign, firm, service mark, illustration, image or logo that appear in connection with elmastransfer.com are and remain the exclusive property of the Data Controller or its licensors and are protected under international law and treaties applicable to intellectual property.
5.6 Amendments to the Terms
- The Data Controller reserves the right to modify the Terms at any time. In this case, the Data Controller will inform the Users of the changes.
- The changes will affect your relationship with you only for the future.
- Your continued use of the Service implies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.
- The previous applicable version continues to govern the relationship until the User’s acceptance. This version can be requested from the Data Controller.
5.7 Transfer of the contract
- The Controller reserves the right to transfer, assign, dispose of, novate or contract individuals or any rights and obligations under these Terms, having regard for the legitimate interests of Users.
- The provisions relating to the amendment of 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.
- All communications relating to the use of elmastransfer.com must be sent to the addresses indicated in this document.
5.9 Safeguard clause
- If any of the provisions of these Terms are or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not result in the ineffectiveness of the remaining provisions, which therefore remain valid and effective.
5.10 European users
- If any provision of these Terms should be or become void, invalid or ineffective, the parties will endeavour to identify in an amicable manner a valid and effective provision in lieu of that null, invalid or ineffective.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal discipline.
- Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, void or ineffective provisions of the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, that is, in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.
5.11 Binding version of the Terms
- The Terms are drafted and revised in Italian. The other language versions of the Terms are for information purposes only. In case of discrepancy between the different language versions, the original shall prevail.
5.12 Applicable law
- The Terms are governed by the law of the place where the Controller is established, as indicated in the relevant section of this document regardless of the rules of conflict.
5.13 Exception for European Consumers
- However, notwithstanding the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
5.14 Place of jurisdiction
- Exclusive jurisdiction for any dispute arising out of or in connection with the Terms lies with the court of the court of Cagliari.
5.15 Exception for European Consumers
- The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
6 Settlement of disputes
6.1 Amicable settlement of disputes
- Users can report any disputes to the Owner, who will try to resolve amicably.
- Insofar as the right of Users to bring legal action is not affected, in the event of disputes concerning the use of elmastransfer.com or the Service, Users are requested to contact the Owner at the addresses indicated in this document.
- The User may address a complaint to firstname.lastname@example.org, including a brief description and, where appropriate, details of the order, purchase or account concerned.
- The Data Controller will process the request without undue delay and within 3 days of its receipt.
6.2 Consumer Dispute Resolution Platform
- The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
- Therefore, any European Consumer or Consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.
Definitions and legal references
- Last modified: 22 January 2023