General Terms of Service
General Conditions of Use of the site, and applications served by HappyWays Srl, based in Verona (Italy), Corso Porta Nuova, 117 - 37122 Verona (Italy). online version published on 21.06.2016.
1 - Scope and definitions
These Terms of Service apply to services and applications offered by the website www.happyways.it, managed by the company HappyWays Srl, with headquarters in Corso Porta Nuova, 117 - 37122 Verona (Italy).
In these General Terms of Service words with a capital letter have the meaning specified in the following list (in alphabetical order), provided that the definition refers to a term in the singular shall also apply to the same term used in the plural and viceversa:
"User Account" refers to the account that must be created on the site to become www.happyways.it User can access the services offered by the Site.
"Driver" refers to any person who intends to offer on www.happyways.it a car ide to another individual, against payment of a contribution to travel expenses, as defined below, with reference to a route and time specifically indicated and using its own vehicle specifically identified.
"General Terms of Service or GTS": indicate the arrangements governing the use of services and applications proposed by www.happyways.it site that includes: these clauses 1 to 14, as well as the Rules of conduct clauses.
"Booking Confirmation" refers to the confirmation of the reservation as with the procedure described in the clause 5.3.
"Contribution to the expenses": indicates the amount previously requested from the Driver and accepted by the Passenger as a contribution to the travel expenses related to the Itinerary. Such contribution to expenses must be strictly limited to reimbursement of travel costs, which must be shared equally between the driver and the passengers. The driver therefore in no way can profit from the receipt of the contribution to expenses, as set forth in Clause 5.2.
"HappyWays": refers to the company that manages the services and applications offered by the site www.happyways.it
"Itinerary": designates the path of the journey proposed by the Driver and accepted by the Passenger.
"Passenger" refers to a person on www.happyways.it site who accepts the Itinerary proposed by the transport driverand accept to pay the contribution to the expenses.
"Reservation Car": indicates the system with which the Members under the conditions referred to in clause 5.3, perform the reservation of one or more seats for a particular journey.
"Service" means any service provided by HappyWays User through the Site, provided that HappyWays is never a party to any contract of carriage.
"Site" refere to the website www.happyways.it, managed by HappyWays Srl
"Suspension of the Account" means the contractual remedy (which may be temporary or permanent) with clause 9 for the case of the occurrence of the violation by the User of any provision of these GTS.
"Leg": refer to each of the specific part of the Itinerary designed by the stops that the driver intends to carry while traveling. The passenger can then decide to get carried by the driver only for one or more Legs and not for the whole Itinerary. Unless otherwise provided, any provision of these Terms of Service on the Itinerary is also applicable to each leg.
"User": refers to a person who creates his account on www.happyways.it and use the services and app offered by this site as a driver or passenger, fully accepting these Terms of Service and assuming full and exclusive responsibility of the effective implementation of the car sharing service offered by the Site.
2 - Subject of the Service
HappyWays, through its website, offers the following services:
- a) put in contact through its web site all users who wish to share one or more Itinerary or Legs giving each his contribution to the expenses of their respective competence;
- b) promotes the meeting between demand and supply of transport, without becoming part of any negotiation or any contract of carriage, and without assuming any responsibility for the outcome of the directly applicable agreements among Members for the realization of a shared journey and effective implementation of the transport service;
- c) provides a promotion service to the events displayed in its catalog.
3 - Acceptance of the General Terms of Service online (or GTS)
Use of the Site is subject to specific acceptance of the GTS by the User, and the provisions on the processing of personal data contained in the document called Information about “Protection of Personal Data” below reported.
Therefore, when creating User Account, You must mark both the box "I accept the General Terms of Service the website and the services it offers," and the box "I have read the Protection of Personal Data document and authorize the use of my personal data ".
Only the acceptance of the GTS and the authorization to the processing of personal data allows the User to access the services offered by the site. It is clear that acceptance of a GTS is integral and indivisible: you may not then choose to only apply a part of the GTS, or to make reserves on them.
Whenever HappyWays becomes aware, by whatever means, of the failure or violation of any provision of the GTS made by a user, the same, subject to the actual existence verification of such breach or default, he is entitled proceeding to the defaulting User Account suspension, as specified in the following clause 10.
4 - Changing the General Terms of Service (or GTS) and new services
HappyWays, in order to improve the quality and efficiency of its services, reserves the right to modify at any time, the GTS, the features offered on the Site or the Service's operating rules, taking care to publish the text of the new GTS and to warn users of the modification of the GTS on the site home page.
The amendment made to the GTS will be effective and will be applied immediately after the said publication online and every user will be required to inspect and approve such a change before each new use of the Services.
The amendment will therefore not be applicable to use of the Services that are already in place and agreements already concluded between Users.
HappyWays also reserves the right to offer new services through the Site, free or paid.
5 - Using the Service
5.1 - Creating User Account
To register on the site and using the services offered in it, each user must first create his own User Account, providing the personal data concerning him, essential to the proper functioning of the service (specifically, name, surname, age, phone number and valid e-mail address). The Users certify that they have more than 18 years at the time of their registration on the Site.
HappyWays is in no way responsible for the truthfulness and correctness of the information and data submitted by Users.
You agree not to create or use other accounts that initially created, regardless of whether it was registered under his own identity or below that of third parties. Any exception to this rule will be subject to an explicit request by the User and explicit and specific authorization by HappyWays. The creation or use of new accounts under your identity or under that of a third party without prior request and authorization from HappyWays may lead to immediate and indefinite suspension of the account of the 'User and all associated services
5.2 - Use of non-professional and non-commercial purposes Service
Considering that the Site constitutes a communication platform to promote participation in events through the practice of "carpooling", the User agrees to use the services offered by the Site solely for the purpose of communication, a non-professional and non-commercial, with other Users interested in sharing a journey linked to a specific itinerary and timetable.
HappyWays shall under no circumstances be held liable for any professional or commercial use of the Services performed by a user.
It can be considered of a professional and / or trade any activity that, by virtue of the nature of the Itinerary offered on the Site, their frequency or the number of transported passengers, entails a profit for the driver.
It must be clear, in fact, that the contribution to the expenses required by the driver to the passenger only needs to be a fair reimbursement of travel costs and the driver must not under any circumstances make a profit. Therefore, the driver agrees to calculate all its expenses (including fuel, road tolls, maintenance, repairs, technical control, wear and vehicle insurance) and to determine the contribution to the expenses as a lump sum and preventive, ensuring that the amount requested to the passenger will not have any personal gain.
In any case, HappyWays, to guarantee the above, provides, through a special locking system, a maximum limit on the amount of the contribution to expenses, commensurate with what is indicated in the "Calculation of costs per kilometer" ACI (Automobile Club of Italy).
It is excluded, in any case, the possibility that the driver can use a car in relation to which he only supports part of the fixed and operating costs of the vehicle.
Considering that among Users exist relations of mere courtesy, the driver cannot be considered as a party operating a transport activity. The driver, therefore, cannot undertake to guarantee the obligations provided for a carrier and the passenger may not claim the completion of the tasks.
Any itinerary should be made in compliance with preventive agreements that Users reached using the Site.
The driver and the passenger must then present themselves at the time and in the agreed place and the driver cannot be waiting a Passenger on public property without having previously agreed an appointment with him.
If HappyWays find out that You use the Service to conduct business having a professional nature, it reserves the right to proceed to the Account suspension, as well as to inform the competent authorities of those activities.
5.3 - Use of the Service Mode
The free service offered by the Site allows the passenger to contact the driver who has proposed an itinerary for an appointment and determine any travel conditions (whether or not smoking, presence of pets, music listening in car, etc.).
The passenger and the driver take the risks entirely concerning, specifically, cancellations or last-minute changes or non-payment of the contribution to expenses. Under no circumstances, should any one of the above events, HappyWays be liable for any direct or indirect consequences.
The share crewr is an agreement solely between the driver and the passenger, therefore HappyWays not liaise, nor assume obligations with any of these parties and the effective management of the Itinerary is up exclusively to the driver and passenger.
The information about the identity of the driver and that of the Passenger must match those that they have provided in the website. To this end, each User agrees to bring along a valid ID to be shown at the request of User.
The User has the right to cancel the trip if it verifies the identity of the driver or the passenger is not as declared in the Site.
Unless otherwise agreed, the reservation of a seat in the car is made for a single round-trip for which on the site has been created a special announcement and that will only be made once, on any given day and at a specific time, with a point of departure and arrival.
The Driver undertakes to carry out the journey that has registered on the Site and to share it with the passenger on the basis of the agreements in relation to the date, time, point of departure and arrival. Additionally, the driver provides a HappyWays and every passenger that his car has the same number of seats that has been indicated in the proposal and for which the reservation was made.
6 - Obligations of the Driver and Passenger
The Driver agrees:
- a) to present the time and the place agreed;
- b) in the event that decides to alter any aspect of the Itinerary, to contact all passengers with which it was agreed to share the Itinerary to get their consent to the change;
- c) to comply with these General Terms of Service, including the Rules of conduct;
- d) to await / the Passenger / s at the meeting for at least twenty (20) minutes after the agreed time;
- e) to respect the rules of the Highway Code and the laws of the country where it is located and to drive in a prudent and safe way;
- f) to use an insured vehicle like with clause 7.
The Traveler is obligated:
- a) to show up on time at the place agreed with the driver;
- b) to immediately inform the driver if should cancel an Itinerary;
- c) to comply with these General Terms of Service, including the Rules of conduct;
- d) to pay his share of expenses.
In the event that is reported that the driver or the passenger does not fulfill one of the above commitments and on request made by the other Users HappyWays, once it verifies the existence of such defaults, will publish or make visible these reports in the User Profile, preserving related information.
If the above reports and requests for publications in the profile User occur frequently enough to cause significant dysfunction in the usability of services, HappyWays will be authorized to suspend, temporarily, access to the Site to a User, and will be able to reactivate the profile User at its discretion and at the request.
7 – Insurance and driving license
The Driver agrees to be insured in accordance with existing legislation and to verify, before proposing and to realize the itinerary, the full validity of his insurance.
The driver must also certify that they hold a valid driving license.
A is for information purposes, it is noted that, typically, a Passenger contributing to travel expenses is considered by insurance companies as transported as a courtesy and, as a third party in the vehicle, is covered by the minimum ceiling to third parties widespread in Europe. It is the responsibility of each driver and passenger to check that the driver insurance provides this coverage.
The driver, therefore, in the event of an accident, will have to bear all the financial consequences resulting from the denial of coverage by their insurance, without HappyWays can in any way be held responsible for the incident.
Users are cautioned that the conditions for RCA insurance applicable to each Itinerary or Leg, are those foreseen in the country of the driver.
8 - Liability
Given that car sharing for the trip on the proposed site is based solely on an agreement between the Driver and Passenger, Service Users acting under their exclusive responsibility.
For these reasons, the actual performance of the Itinerary proposed by the Driver and accepted by the Passenger is not attributable in any way the responsibility of HappyWays: HappyWays, through its web platform, only provides a communication service that allows Users to get in touch with each other to share one or more Itineraries and Legs.
Therefore considered the service, HappyWays cannot be held liable for damages of any nature whatsoever, that occurred for the following reasons (this list is merely illustrative and not exhaustive):
- - false or erroneous declarations of Members;
- - erroneous information supplied by the driver on the Itinerary and its driving mode;
- - Itinerary cancellation by the driver or the passenger;
- - failure to pay the contribution to expenses;
- - fraudulent use of payment instruments by the Passenger;
- - fraudulent conduct or negligence of the driver or the passenger before, during or after the itinerary.
HappyWays also not be liable to any User for any economic loss, financial or business or for any other damage caused by loss of reputation, loss of profit, even temporary loss of money or loss of opportunities that has occurred as a result of use of the Service.
HappyWays will work to ensure the operation of the Site 24 hours on 24, on the agreement that, if necessary, access to the Site may be limited for the repair, maintenance or the introduction of new facilities and / or services or may not available for reasons that do not depend on HappyWays, resulting in the exclusion in such cases of any responsibility.
HappyWays also not accept any liability or for any errors or omissions, or for any technical problems that users may encounter when using the Site. If a user were to detect any problem, please contact HappyWays at email@example.com so that the problem can be resolved as soon as possible.
9 - Suspension of the Service and/or the Site
Without prejudice to the provisions of the articles above, in the event of any violation of the Terms of Service, HappyWays may, at any time, terminate the entire Service or part of it, as well as access to the Site for a specific User (including the user Account):
- - on a temporary basis if the violation is not serious; in this case the suspension will be lifted in response to a reasoned request by the User;
- - definitively when he violation is serious or repeated; in this case, HappyWays will give reasonable notice to the User involved.
10 - Intellectual property
The appearance and content of the Website is protected by Italian and International Copyright and HappyWays retains all rights in relation to content present in it if owned by or licensed to HappyWays.
All rights reserved in relation to any registered or unregistered trademark that appears on the Site (if owned or licensed to HappyWays).
Any reproduction, duplication, copy, sell, resell or exploit for any commercial purposes without the express consent of HappyWays is forbidden. It is also forbidden to extract the contents or use parts of the site content without written permission of HappyWays. In particular, it is strictly forbidden the use of data mining, robots, data gathering techniques and data extraction systems for any reuse.
11 - Content provided by Members
The User authorize HappyWays to show the contents and information provided by them and to use them for any internal management purposes.
Users have the option to provide their feedback, whether positive or negative, relating to Itineraries.
Users must not post any defamatory, misleading or offensive or content that infringes other people's intellectual property rights. These contents are contrary to the policy of HappyWays therefore it is not responsible. The User will be held responsible for any damage resulting from them.
From the moment HappyWays becomes aware of inappropriate online content, it will work to remove them as soon as possible.
12 - Partners
HappyWays reserves the right to reproduce the information displayed on the Site, or partner sites. In particular, the Intinerary proposals published on sites managed or co-managed by HappyWays can be reproduced on other websites, including third party.
13 - Reports
Users can submit reports regarding the Service or its other activities writing to firstname.lastname@example.org
14 - Jurisdiction
If necessary, in case of dispute, jurisdiction will be the Court of Verona.
15 - Rules of good conduct
See the complete rules link
16 - Information on the processing of personal data
See the information on the processing of personal data link