DriveNow carsharing

General Terms and Conditions of DriveNow Italy S.r.l.

1. Subject 

The present general terms and conditions ("General Terms & Conditions") govern all rental transactions in Italy for the Vehicles provided by DriveNow Italy S.r.l. to Customers as defined below. The Applicant accepts the General Terms & Conditions, the schedule of fees in its up-to-date version (hereinafter, “Price List”) and its related regulations, the Privacy Policy as well as all other documents relating to rental services available in the DriveNow website at the time of completing the registration procedure.

 

Definitions

Applicant: A natural Person requesting registration to become a DriveNow Customer

Customer: An Applicant who is authorised - after registering and meeting the requirements laid down in provision 3 - to make bookings and to use a Vehicle according to the General Terms & Conditions

BMW iDrive: Control unit fitted on the centre console of every Vehicle used to access and use the DriveNow Screen

DriveNow ID: Device or other means provided by DriveNow to access the Vehicles

DriveNow Screen: Screen installed in the Vehicles allowing Customers to access and enter the required information relating to Vehicle use.

Call Center: 24-hour service centre which can be contacted on-line or by phone (including the phone function installed in each Vehicle)

DriveNow website: www.drive-now.com

PIN: Personal identification number chosen by the Customer.

Rental Duration: Period starting from the confirmation of the booking under DriveNow General Terms & Conditions described in Provision 6.5 and ending with the actual return of the Vehicle as per provision 13 (subject to provision 12.2)

Reserved Vehicle: Vehicle reserved by a customer as per Provision 6.2

Vehicle: Vehicle provided by DriveNow and used by the Customers according to DriveNow General Terms & Conditions.

 

2. Rental
 

2.1 The Applicant hereby declares to accept DriveNow General Terms and Conditions, Privacy Policy, Price List and its related regulations - constituting integral parts of the present General Terms and Conditions - as well as any other document regulating the rental at the moment of completing the registration procedure found on the DriveNow website.

2.2 The Customer may rent Vehicles from DriveNow in accordance with the General Terms & Conditions, as they may be applicable from time to time (as published on the DriveNow website). Unless otherwise agreed by DriveNow, when signing an individual rental agreement, the rates specified in the Price list available on the DriveNow website shall apply.

2.3 Neither DriveNow nor the Customer are required to sign a minimum number of individual rental agreements.

2.4 The Applicant, once authorised by DriveNow to be a Customer, shall pay a one-time fee, to be paid as indicated on the DriveNow website

2.5 Acceptance of the General Terms & Conditions by the Applicant does not constitute an obligation on the part of DriveNow to accept the Applicant as a Customer, namely to issue the DriveNow ID; it is understood that such procedure is subject to confirmation on the part of DriveNow of the Applicant's completed registration, with an option to verify the Applicant's Driving license and identification document with the relevant administrative authorities (including but not limited to the Traffic Control Authority).

2.6 To become a Customer, the Applicant may register only if:

a) he is in possession of a driving license valid for driving a motorized vehicle (“Driving license”; indicating that Driving license is defined as any driving license, including international driving licenses, as long as it allows the Customer to drive in Italy, and provided that the Customer has residence or domicile in the same State in which the driving license was issued); and

b) the Driving license was issued at least 12 months prior the date of registration on the DriveNow website.

2.7 The Customer shall immediately notify DriveNow in writing if he is no longer in possession of the requirements specified in Provision 2.6.

 

3. Authorised Subjects
 

3.1 Only the Customer shall be entitled to reserve and use the Vehicles; within the meaning of the General Terms & Conditions as the term "Customer" indicates a natural person who:

a)  Has accepted the present General Terms & Conditions in accordance with above-mentioned Provision 2; ;

b)  Has reached the age of majority within the meaning of the Italian law;

c)  Legally holds a Driving license and carries the Driving license while registering on the DriveNow website and during rental; and

d)  Is in possession of an access medium to access the Vehicle in the form of a DriveNow Customer Card, or the special application provided by DriveNow and installed on a mobile device held the Customer (“App”) or another device or means made available by DriveNow for the purpose of obtaining access (“DriveNow ID”) and the PIN to use together with the DriveNow ID.

3.2  In order to use the App, the Customer must have a mobile phone that meets the App's technical requirements. Technical compatibility is automatically checked at each download and update of the App. DriveNow does neither guarantee compatibility nor bear any responsibility with regard to compliance with technical requirements. The Customer is responsible for ensuring the availability of a mobile connection by for bearing whatever costs arising from the use of a mobile operator.

3.3  Attempting to acquire data from the App and/or from the DriveNow ID, as well to copy or manipulate such data with IT methods is not permitted. Violation of these rules results in being immediately excluded from the DriveNow network and entitles DriveNow to request automatic termination of the contractual relationship between the Customer and DriveNow under Art. 1456 of the Civil Code; moreover, any costs and damages deriving from such violation shall be charged in full to the Customer.

 

4. Procedure for obtaining access to the Vehicle
 

4.1 In order to access the Vehicle, the Customer shall use the DriveNow ID as per the instructions provided by DriveNow on the website. The Customer shall thereby be entitled to use the Vehicle in compliance with the General Terms & Conditions based on the understanding that the Vehicles can only be driven personally by the Customer.

4.2 The Vehicle can be used solely by the Customer making the booking. In the event of infringement of this provision the sanctions provided for in the Price List shall apply.

4.3 The Customer shall immediately notify DriveNow about any cancellation, recall, limitation, suspension of his driving license or about any ban or other circumstance hindering or limiting the use of the Vehicle under the Law. The occurrence of one of these events shall entail the suspension of the Customer's right to use DriveNow Vehicles. In the event of infringement of this provision to inform DriveNow according to the General Terms & Conditions, the Customer shall pay a penalty equal to the amount established in the Price List for each Rental Duration, without prejudice to DriveNow's right to obtain compensation for greater damage. Any expenditure incurred by DriveNow shall be refunded against a written request to this effect.

 

5. Car key cards
 

5.1 In addition to the DriveNow ID, the Customer shall enter a personal identification code "PIN", functioning in conjunction with the DriveNow ID as a key card to access the Vehicle. Any access medium provided to the Customer shall remain property of DriveNow. The DriveNow ID and PIN code are strictly personal and the Customer may not pass them on to anyone else. Any loss, damage or disruption of the DriveNow ID shall be immediately notified to DriveNow. In the event of loss or unauthorised use of the DriveNow ID or the PIN code, the Customer's right to use any Vehicle shall be immediately suspended until a new DriveNow ID or PIN code is re-issued (whichever is applicable). The issue of a new DriveNow ID or PIN code (whichever is applicable) will entail for the Customer a charge equal to the amount shown in the Price List. The Customer undertakes to keep the DriveNow ID safe and secure. The Customer shall ensure that the PIN code is memorised and its notice destroyed after receipt, and shall abstain from keeping the PIN code, or any transcription thereof, in proximity of the DriveNow ID. Both the PIN and DriveNow ID cannot be annotated in the Customer's Driving license.

Furthermore, the Customer shall ensure that the PIN remains secret and confidential and undertakes not to make it visible and/or available to third parties nor to make it visible or accessible in unattended Vehicles. The Customer shall immediately contact DriveNow in case of loss of the DriveNow ID or PIN code or of other circumstances liable to affect the confidentiality of the PIN. In the event of non-compliance with this provision of the General Terms & Conditions, the Customer will be held responsible and shall compensate DriveNow for any losses, including indirect ones, fines and/or sanctions DriveNow should incur or pay resulting from theft, loss, usage or damage to the Vehicle in connection with such non-compliance.

5.2 The Customer may request to have the PIN blocked contacting the DriveNow Call Centre via email or telephone as indicated in art. 23.

 

6. Reservations and Individual Rental Agreements
 

6.1 The Customer shall be entitled to rent DriveNow Vehicles without a reservation, provided that the DriveNow ID reader's display fitted on the Vehicle's windscreen is illuminated and shows green.

6.2 Alternatively the Customer may reserve a Vehicle available for reservation (“Reserved Vehicles”) contacting the DriveNow Call Centre either on-line or by phone. If the Customer does not use the Reserved Vehicle within 15 minutes from confirmation of the reservation, the Reserved Vehicle shall be made available again to any other Customer. It is possible to extend the waiting period past these 15 minutes - up to a maximum of 8 hours - by paying a fee as per the Price List. All available vehicles can be booked and utilised by Customers. The Customer may cancel the booking free of charge or modify it by choosing another Vehicle at any time within the first 15 minutes.

6.3 The Customer acknowledges, thereby renouncing to raise any disputes on this matter, that DriveNow shall not be held accountable for whatever effect or negative consequence suffered by the Customer himself (e.g. delays) resulting from the unavailability of rental services. By accepting the General Terms & Conditions, the Customer is aware that the provision of services may be subject to limitation and hindrances beyond the control of DriveNow, such as, by mere example:

- Internet connection failure (fixed or mobile) on the part of the Customer and/or DriveNow

- malfunction of electronic devices (e.g. GPS tracking systems) used by DriveNow for the purpose of monitoring its vehicle fleet;

- service interruption as a consequence of natural disasters (e.g. earthquakes or floods) or for reasons of force majeure (e.g. strikes, lock-outs).

6.4 Each Vehicle is equipped with an on-board computer with a display (“DriveNow Screen”) and several available menus that can be accessed through the touch screen or the monitoring unit fitted in the Vehicle's centre console, if available (“BMW iDrive”).

6.5 An individual rental contract between the Customer and DriveNow shall be performed and commence at the time of confirmation of the booking by the Customer through confirming on the DriveNow screen of the Vehicle, and from that time the period of use is calculated for determining the charges thereunder. The Rental Duration for each individual rental contract may not exceed 24 hours, unless special promotions authorised and communicated by DriveNow for rentals exceeding 24 hours apply.

 

7. Vehicle initial check
 

7.1 Before starting the engine, the Customer shall carefully verify that the Vehicle is clean and free from defects or damages that have not already been reported in the DriveNow Screen menu or visible in the DriveNow App. The Customer shall notify DriveNow of any defect or damage he may have noticed, which had not previously been reported as mentioned above, by calling the DriveNow Call Centre through the installed phone function in the Vehicle (calls of this type to the Call Centre are free of charge). The Call Centre will inform the Customer whether he may use the Vehicle despite the reported damage. It is mandatory for the Customer to report any damage before starting the engine, in order to properly allocate any liability; otherwise, the damage shall be taken to have been caused by the Customer using the Vehicle at that time.

7.2 Before commencing the journey, the Customer shall ensure that the Vehicle is able to travel on the road and shall in particular examine the conditions of the tires.

7.3 Making arrangements for repairing and towing the Vehicle without prior consent from DriveNow is not allowed

7.4 When the damage reporting menu is active on the DriveNow Screen a notification will appear to remind the Customer of the importance to verify the conditions of the Vehicle, before starting up, in order to rule out any damage or to otherwise record the details on the DriveNow Screen menu. If the Customer does not report any damage before commencing the rental, the Vehicle shall be considered in good conditions - visually and mechanically - and free from defects or damages (excluding those reported in the menu before the start of the journey or the Rental period).

 

8. Use of the Vehicle
 

8.1 The Customer undertakes to drive the Vehicles with ordinary care and due diligence (Article 1176 of the Civil Code), strictly abiding to road traffic rules and to all other regulations relating to public road motor vehicles (if any). The Customer further undertakes to operate the Vehicle in accordance with the instruction manual, the driver's handbook, the Vehicle's documents and the manufacturer's technical specifications. After parking, and before leaving the Vehicle, the Customer shall ensure that it is parked in accordance with the provisions of forthcoming Provision 13 and protected against any risk of theft, and check that all windows, doors, sunroofs and folding roofs (if any), and the fuel-tank cap are properly closed and locked. The Customer shall use the Vehicle in full respect of the road traffic rules, of the pedestrians and of other road users. The Customer shall drive safely and optimise fuel consumption, in the interest of the public and of the environment. Whatever fines issued to the Vehicle by the competent authorities shall be paid in full by the Customer, including any additional costs and/or charges as published on the DriveNow website.

8.2 The Customer shall under no circumstances use the Vehicle for:

a)  motor racing, speed contests or races of any kind;

b)  testing the Vehicle for training purposes or off-road use;

c)  transporting passengers in return for payment or as a taxi or for any other commercial purpose;

d)  renting to third parties;

e)  engaging in criminal activity;

f)  transporting hazardous, flammable, toxic substances or the like;

g)  transporting weapons, explosives, radioactive or bacteriological material, etc.;

h)  transporting objects with shape, size or weight which could affect a safe driving style of the Vehicle or damage parts of it or other properties;

i)  transporting other vehicles or objects by towing;

j)  transporting animals; and

k)  transporting merchandise or persons in contrast to the prevailing laws and rules in the place where the use of the Vehicle occurs.

8.3 The Customer shall not:

a)  drive the Vehicle, or allow for it to be driven, outside the territory of the Italian Republic;

b)  drive the Vehicle under the influence of alcohol, illegal drugs, or improperly used prescription medications;

c)  allow for babies and small children to be transported without complying with all applicable laws and without using the child seats required for their safety on the basis of their age, weight and height, as well as without observing the manufacturer's instructions and recommendations for installing and dismounting such child restraint systems;

d)  soil, damage or deface the Vehicle or leave rubbish or waste of any kind;

e)  smoke or allow passengers to smoke inside the Vehicle;

f)  remove any object or equipment present in the Vehicle which neither he nor the passengers own, dismantle or tamper with the Vehicle;

g)  overload or transport more persons than the maximum permitted for the Vehicle;

h)  use the Fuel Card/charge card to refuel/recharge other Vehicles;

i)  use the Vehicle to transport objects that:

-   are likely to cause injury or harm to the Customer, the passenger or any other person;

-   are likely to cause damage to the Vehicle or to other property;

-   are likely to have a negative effect on the Vehicle's safety and its capacity to travel on the road; and

-   are forbidden by law;

j)  dismantle or tamper with the Vehicle in any way (or attempt to do so);

k)  carry out any kind of repairs or modifications on the Vehicle or allow them to be carried out; and

l)  deactivate the passenger's air bag.

The Customer is furthermore obliged not to destroy, alter or make copies and impressions of the vehicle registration certificate, key card and Fuel Card that could be present on board the Vehicle.

8.4  The Customer shall ensure that any passenger in the Vehicle complies with the provisions as per the General Terms & Conditions. In case of a breach of the General Terms & Conditions, DriveNow will be entitled to terminate the rental agreement without notice pursuant to section 1456 civi code, for breach of contract by the Customer, without prejudice to DriveNow's right to receive compensation for damage and instigate any legal action it may deem necessary.

8.5  DriveNow may contact the Vehicle through the phone function therein installed whenever the Call Centre thinks that there are problems with the rental or use of the Vehicle (for instance, if the Customer has opened the Vehicle but not started the rental within the next 20 minutes or if the Vehicle has not been properly closed and locked after the rental period is confirmed as ended).

 

9. Refuelling and Fuel Card
 

9.1 If during or at the end of the route fuel/charge level drops below 25% of the total, the Customer shall refuel/recharge the Vehicle as follows:

a)  Using the Fuel Card/recharge card found inside the Vehicle (through the PIN appearing on the DriveNow Screen) if the filling/charge station is listed on the DriveNow Screen and in the DriveNow website), or

b)  Paying the amount due for the refuel/recharge in all other refuelling/charge stations. DriveNow will refund the Customer for the whole amount upon presentation of the relevant receipt.

9.2 The Customer undertakes to use the Fuel Card/charge card and the charging cable exclusively for the Vehicle and shall be required to pay a penalty stipulated in the Price List for non-compliance with the present provision, without prejudice to DriveNow's right to claim compensation for any greater damage.

 

10. DriveNow's Responsibility
 

10.1 No provision referred to in the General Terms & Conditions shall exclude or limit the responsibility of DriveNow in case of:

a)  death or bodily injury caused by intentional or grossly negligent acts by DriveNow;

b)  fraud;

c)  false statement;

d)  any other situation for which it would be unlawful to exclude or attempt to exclude responsibility.

10.2 DriveNow shall be liable to the Customer exclusively for direct damages, typical and foreseeable when concluding the contract

10.3 DriveNow shall not be held accountable for the losses suffered by the Customer, including, but not limited to, income losses.

10.4 DriveNow shall not be held liable insofar as its failure to comply with the present General Terms & Conditions is due to reasons beyond its reasonable control.

10.5 DriveNow is not responsible for items forgotten by the Customer and/or third parties inside the Vehicles. DriveNow's responsibility is equally precluded for any damage to the Customer's and/or third parties' belonging while using the Vehicles. DriveNow reserves the right to charge the Customer for the service costs of recovering the items forgotten by the Customer and/or by third parties in the Vehicle, as specified in the Price List.

 

11. Customer liability, insurance coverage and excess
 

11.1 All Vehicles are covered by civil liability motor-vehicle insurance (covering also damages suffered by the Customer and his passengers).

11.2 The Customer is covered by the insurance provided by DriveNow up to a maximum of Euro 6.000.000,00 (six millions//00) for the personal and material damage caused to third parties as a result of using the Vehicle, provided that the Customer has observed all obligations under the General Terms & Conditions.

11.3 Drive Now will keep the customer free for all damages caused to the car used with a deductible up to € 500,00 on condition that the Customer has complied with all the obligations laid down in the present Terms and Conditions and has maintained a driving attitude in full compliance with the rules of the road code and in general has maintained a diligence conduct. Otherwise, Drive Now will be entitled to request the Customer to pay compensation for the entire damage he has incurred. Therefore, the Customer will be held liable for any loss or damage caused to the vehicle, accessories or parts and he will have to cover all the related costs. As example, not exhaustive, the customer will have to reimburse the following expenses: loss or damage to the Vehicle, its accessories or other property; any loss of earnings immediately from DriveNow and due to the impossibility of renting the Vehicle due to damage or for other reasons. Such loss will be calculated on the basis of the hourly or daily rate applicable to the Vehicle for a maximum of 30 days; any charge charged by the Responsible Authority when the Vehicle is taken from them; Any other type of sanction or fine resulting from the use of the Vehicle, including road crimes, vehicle locking / removal and storage; VAT and other taxes relating to the above items; The cost of expertise and trailer; The devaluation of the vehicle and the modification of the bonus-malus.

11.4 The Customer is entitled to reduce the excess amount payable (indicated in Provision 11.3) by purchasing a protection package on the DriveNow Screen before the start of the Rental Duration according to the terms as described in the Price List.

11.5 In case of failed, late or partial payment, the Customer shall be charged default interest within the meaning of Legislative Decree 231/2002 (as subsequently amended and/or integrated).

 

12. Obligations in the event of accident, damage, defect or theft
 

12.1 In the event of an accident involving the Vehicle or in case of damage or injury to a thing or a person deriving from its use, the Customer shall:

a) stop the Vehicle as soon as possible in total safety and wear the fluorescent safety jacket provided;

b) call the DriveNow Call Centre as soon as possible:

- to inform DriveNow of the accident/damage/injury;

- to receive instructions on who to contact for complaints to DriveNow;

- cooperate by providing all necessary information requested by DriveNow;

c) report the accident/damage/injury to the Police and/or another Public Authorities, regardless of whether the Customer is responsible or not;;

d) stay on the scene of the accident/damage/injury, unless the law requires otherwise, until:

-   the Police and/or another Public Authorities has intervened and written up a special report (if appropriate);

-  all necessary measures have been taken to safeguard the evidence and minimise damage, in cooperation with DriveNow;

-  the Vehicle has been removed by a specialist company or, in cooperation with DriveNow, has been parked safely or driven elsewhere by the Customer;

e) complete the Accident Statement;

f) obtain names, addresses and other information to contact all the vehicles and people involved, including witnesses, and will obtain a copy of the report where all the above information is found;

g) compile and mail within 7 days from the accident the claim event report form - which will be sent by DriveNow – duly filled in.

h) in case that the Customer has not fulfilled any of the claims mentioned in the preceding points, with particular but not exclusive reference to the one reported in the clause 12.1g, Drive Now will have the right to claim damages for all damages caused by Customer As regulated by art. 11.3

12.2 In the event of an accident, the individual rental contract shall not terminate until the Vehicle is properly returned within the meaning of Provision. However, if the Vehicle no longer works or is no longer able to travel on the road due to the accident, the individual rental contract will terminate in accord with DriveNow the moment the Vehicle is towed.

12.3  Should DriveNow insurance decide not to pay for damages (or in any case not to negotiate) due to failure by the Customer to send the claim event report form as per Provision 12.1(g), the Customer shall pay all expenses related to the accident to DriveNow.

12.4 Unless the Customer is covered by the insurance referred to in Provision 11. the Customer shall be obliged to refund DriveNow for the following expenses (in accordance with the Price List wherever possible) arising from the accident caused by him:

a) loss of or damage to the Vehicle, its equipment or other property;

b) any loss of earning suffered by DriveNow due to inability to rent the Vehicle as a result of the damage or other reasons. The loss shall be calculated based on the hourly or daily rate in force for the Vehicle and for a maximum period of 30 days;

c)  any charge levied by agencies of the responsible Authorities in case the Vehicle is seized;

d)  any fine deriving from use of the Vehicle, including road traffic offences, lock/removal of the Vehicle and storage; and;

e)  VAT and other taxes associated with the items above.

12.5   Only DriveNow shall be entitled to select the repair shop.

12.6   Any payment as compensation for damages incurred received by the Customer (unless related to personal losses suffered by him) shall be immediately handed over to DriveNow.

12.7   In the event of theft, burglary or vandalism against the Vehicle while being used by the Customer, the latter is required to call the Call Centre immediately, providing the location, describing the course of action and follow the instructions on a case-by-case basis.

 

13. Termination of the Individual Rental Contract and Vehicle Return
 

13.1 The individual rental contract shall be terminated when the Customer has put in place the following requirements:

a) return the Vehicle, parked in a paying or free public parking area (marked by blue or white lines) or resident parking area (marked by yellow lines) or in the special DriveNow areas within the covered area of the city where DriveNow is operating, to be found in the map accessible on the DriveNow website, App and on the DriveNow Screen (“DriveNow Business Area”). The Customer is not allowed to terminate the individual rental contract by parking the Vehicle in no-parking zones, on private or corporate grounds, parking sites or shopping malls, supermarkets, or whatever other kind of stores, nor in any other place outside the DriveNow Business Area; administrative sanctions, as well as any other expenses charged to DriveNow (including the cost of removing the Vehicle) shall be charged to the Customer according to the Price List published on the DriveNow Website.

b) holds the DriveNow ID or other electronic access medium over the DriveNow reader, causing the light to turn from red to green; and

c) ensure that the Vehicle has been parked in such a way to allow access at any moment by other DriveNow customers.

13.2 The Customer may park the Vehicle in areas with limited duration in terms of days or hours (e.g.: for street cleaning, markets, occupation of public areas for removals or other events), or where a no-parking zone is foreseen, as long as such limitations do not come into force within 24 hours after parking. The Customer shall be obliged to pay any expenses, fines or other costs required in case of breach of this provision. The Customer shall further be obliged to pay any expenses involved, as per the Price List published on the DriveNow Website in force at that time, if the Vehicle needs to be moved by DriveNow or with the help of others.

13.3 If termination of the rental fails because no mobile telephone connection is possible the Customer must re-park the Vehicle and try again to terminate the rental. If the Customer leaves the Vehicle without having properly terminated the rental, the rental agreement shall continue to run and the usage fee shall continue to be charged. If the individual rental contract cannot be terminated for technical reasons, the Customer shall immediately inform the DriveNow Call Centre to decide how to proceed. If the Customer is not responsible for the failure to terminate the individual rental contract, all additional costs will be reimbursed.

13.4 At the end of the rental, the Vehicle must still have a remaining range of minimum of 15 kilometres, which can be verified through the DriveNow Screen. Failure to comply with this obligation will require the Customer to pay all additional costs (including repair costs, if applicable) needed to bring the Vehicle to the refill/charge station.

13.5 the Vehicle shall be deemed properly returned or parked only if:

a) it is clean inside. Otherwise (if, for instance, rubbish and/or waste is found in the Vehicle), the Customer shall pay for the cleaning as per Price List unless:

- the Customer can demonstrate that the expense made by DriveNow was less than what appears in the Price List – in which case the Customer shall pay the lesser amount; or

- DriveNow can demonstrate that the expense made was more than what appears in the Price List –in which case the Customer shall pay the greater amount;

b) it is properly protected against theft (also by using handbrakes and parking brakes) and locked with the DriveNow ID or electronic access medium. In particular, doors, windows and sunroof must be properly closed, the steering column locked and the lights turned off. In a convertible car, the roof must be completely closed and locked. Failing to comply with this provision, the Customer shall pay to DriveNow: i. the amount indicated – as penalty – in the Price List; ii. as well as any other amount due as compensation for the damages caused to the Vehicle as a result of negligence on the part of the Customer;

c) it shall be returned with all documents, as well as all the tools and fittings provided by DriveNow and present in the Vehicle at the start of individual rental contract.

13.6 Should a dispute arise between DriveNow and the Customer concerning the conditions of the Vehicle, including existing damages and defects and their assessment, DriveNow shall be entitled to employ an independent company, appointed by the President of the Milan Order of Engineers, to determine its conditions and any possible loss of value. The assessment shall be binding for both parties to the contract and they will cover the expenses in proportion as determined by the experts, without prejudice to the right to expedite any legal actions before the competent court.

 

14.Price and Terms of Payment
 

14.1 The Customer, at the end of the individual rental contract, undertakes to pay DriveNow the rental price calculated based on the rates indicated in the Price List in force at that moment. The total amount due at the end of the individual rental contract includes VAT, fuel costs, parking fees in DriveNow Operational Area and access to paying restricted traffic zones (Area C). The payment shall be made by direct charge to the credit card linked to the DriveNow ID of the Customer.

14.2 DriveNow will invoice the Customer the amount due for the use of the Vehicle no later than 10 days from the termination of the individual rental contract. The invoice of the individual rental contract will be automatically sent to the Customer by email or, in alternative, can be downloaded from a link provided by DriveNow. The Customer shall immediately notify DriveNow if he did not receive the invoice or is not able to download it from the DriveNow website with the link is received.

14.3 For each individual rental contract, DriveNow reserves the right to request a pre-authorisation from the Customer's credit card issuer as security deposit, as better specified in the Price List. This amount will not be collected by DriveNow and shall be released to the Customer within 2 days from the date of sending the invoice, and in any case no later than 7 days from the time of rental termination.

14.4 The Customer shall pay for any administrative costs arising from late payment, without prejudice to the right to claim any other damages due to this delay.

14.5 The Customer authorises DriveNow to charge the payment account (credit card, debit card or current account) stated at the time of the first rental for all later rentals as well as any other charges which the Customer owes under or in connection with the rental (such as, for example, the registration fee, flat-rate charges for expenses in the case of any violation of any traffic regulations, toll offences, contractual penalties, etc.).For payments by credit card, the Customer may only use a card belonging to him, or a card he is formally authorised to use such as a corporate credit card.

 

15. Electric Vehicles
 

15.1 Electrically powered vehicles shall be equipped with a special charging cable stored in the Vehicle boot. Before starting the journey, the Customer must verify that the cable is actually present and, should it be missing, the Customer must report it to the DriveNow Call Centre as damage using the installed phone function

 

16. Interventions by Technical Personnel
 

16.1 Were DriveNow to be compelled to require the intervention and/or the support of a technician due to improper use of the Vehicle (or one part of it) by the Customer, the Customer shall refund DriveNow the relative amount as per specific Price List available on the DriveNow website, unless:

- the Customer can demonstrate that the expense made by DriveNow was less than what appears in the Price List – in which case the Customer shall pay the lesser amount; or

- DriveNow can demonstrate that the expense made was more than what appears in the Price List –in which case the Customer shall pay the greater amount;

16.2 Limitation of the Customer's liability regarding the excess under Provision 11 shall not apply in case of improper and/or wrongful use of the Vehicle by the Customer.

 

17. Right to offset
 

17.1 The Customer shall be entitled to offset the sums owed to DriveNow with the amounts resulting by his claims accepted or uncontested by DriveNow. Only the amount relative to a single individual contractual relationship may be offset.

17.2 Were the Customer to be in arrears with any payment due to DriveNow, all dues shall be settled immediately before making any claim.

 

18. Amendments to the General Terms & Conditions
 

DriveNow reserves the right to amend the General Terms & Conditions (including the Privacy Policy, the Price List and its related regulations) for future individual rental contracts, and such amendments shall be communicated to the Customer in writing, by email or by another suitable method. The amendments other than the amendments to the Price List may occur only to the extent allowed by applicable laws for proven technical, economic and managerial reasons that have occurred. or for amendments to the legal provisions applying to car renting. Electronic correspondence (e-mail) is considered an acceptable method of writing, except where specified otherwise in the General Terms & Conditions. In case of changes to the present Terms and Conditions, Customer will be entitled to withdraw within 30 days from the receipt of the mail in which the change is communicated. Once this term is completed, the amendment is deemed to be accepted.

 

19. Right of Withdrawal and Termination of the Contract

 

19.1 The Customer may withdraw from his contractual relationship with DriveNow:

a) without any penalty and without specifying the reason thereof, within 14 (fourteen) working days from the date of acceptance of the present General Terms & Conditions, with specific notice sent to DriveNow by registered letter with advice of delivery or by email in the name of the Customer;

b) as of the last day of each month, by notifying DriveNow, with a 15 (fifteen)-day notice, by registered letter with advice of delivery or by email in the name of the Customer.

19.2       DriveNow may at any time withdraw from the contractual relationship with the Customer, by notifying the latter in writing by registered letter with return receipt or by email with a 15 (fifteen)-day notice.

19.3 DriveNow may suspend the DriveNow ID by immediately notifying the Customer by email in the event of infringements to the Regulation, the General Terms & Conditions or to road traffic rules.

19.4 DriveNow may terminate the contract with the Customer without notice, pursuant to Article 1456 of the Civil Code, for breach of contract by the Customer and without prejudice to compensation for additional damages, in the following circumstances as well as in other circumstances in which such right is envisaged within the meaning of the General Terms & Conditions:

a) if the Customer has not reached the age of majority and/or has not been in possession of a Driving license for at least 12 months, contrary to his representation;

b) for failed and/or late payment of the amounts driving from using the service provided by DriveNow at the end and/or during each individual rental contract;

c) if the information provided to DriveNow is incorrect and/or untruthful;

d) in the event of breach of the following provisions of the General Terms & Conditions: Articles 3, 8 e 12:

e) if the Customer, in spite of a written warning, does not discontinue a serious breach of the General Terms & Conditions or if he does not immediately remedy the effects that have already occurred in relation to such breach;

f) if the Customer is, or there are grounds for suspecting that he is, a regular user of drugs, alcohol or psychotropic substances;

g) if the Customer removes, destroys, alters, reproduces, duplicates or howsoever makes unauthorised or fraudulent use of the Fuel Card present in the Vehicles;

h) in the event of failure to return a Vehicle or of driving by a person other than the Customer;

i) in the event of disclosure to third parties of the DriveNow ID;

j) in the event of duplication of the Vehicle key card by the Customer;

k) if the Customer facilitates or commits, by a negligent or intentional act, theft, burglary and/or vandalism to the detriment of the Vehicle in accordance with Article 13;

l) if the Customer incurs in fines during each individual rental contract for breaches of the road traffic regulations and/or the applicable law;

m) if the Customer by his own fault causes an accident or a breakdown of the Vehicle.

19.5 In the event of termination of the contractual relationship due to one of the reasons enumerated above, DriveNow reserves the right to apply a penalty to the Customer as per the Price List in force at the time of rental, without prejudice to the right to seek higher damages, if any.

 

20. Mandatory information provided by the Customer
 

20.1 The Customer shall contact immediately DriveNow in case of:

a) change of address, email, phone number;

b) credit card change;

c) limitation or suspension of the right to drive.

20.2 The Customer shall insure that his personal information recorded on the DriveNow website are always up to date; this information includes:

a) full name;

b) date of birth;

c) permanent address;

d) temporary address valid at the time of renting the Vehicle in accordance with the General Terms & Conditions (if other than permanent address) e) email;

f) credit card data;

g) telephone number (also mobile);

h) Driving license including:

- Country of issue

- License number;

- Date of issue;

- Date of expiry.

20.3 Should the Customer be unable to update his personal information, DriveNow may temporarily suspend his DriveNow ID (and therefore his capacity to rent and use vehicles) until the Customer updates this information in the DriveNow website.

20.4 The Customer shall immediately inform DriveNow in the event that his Driving license is lost, damaged or destroyed, or if it is expired or suspended. In such cases, DriveNow may temporarily suspend his DriveNow ID (and therefore his capacity to rent and use vehicles) until the Customer reconfirms his registration with the DriveNow Call Centre and provides (where required) all the necessary updated documents.

20.5 The Customer shall be held accountable by DriveNow for any damage or indirect loss due to failure to comply with this Provision.

 

21. Communication on data protection
 

21.1 In order to perform the framework agreement and the individual rental agreements, DriveNow has the right to collect, process and use the Customer’s personal data, including his name, title, date of birth, address, email address, information about payment methods and mobile phone number as well as information related to the agreement, such as the place and time where the rental starts and ends, and the duration of the use of the Vehicle.

21.2 The processing of contract data, in particular to determine and display the current location, is done using the Google Maps API and is essential for the full provision and proper operation of all DriveNow services. The contract data will only be transmitted to Google anonymously.

21.3 The rental vehicles use the Floating Car Data system (FCD) and operate as ”mobile traffic reporter”. The purpose of this service is to collect information on the traffic situation, that is transmitted via the BMW and ConnectedDrive navigation platforms in the Vehicle. To this purpose, the individual position and the data captured by the Vehicle sensor during the journey is transferred anonymously to BMW AG and to a road traffic service provider.

21.4 The vehicles are equipped with a device for the recording of video images of the driver’s view, of geolocation data and of the dynamic parameters in connection with abnormal events. Such data are processed by DriveNow in accordance with all laws and regulations applying to data protection for the purpose of possible crash kinematic reconstruction and to protect the vehicle fleet against possible unlawful or fraudulent acts of the customers. These images and data are saved on the device with regards to a short period of time immediately before and after detecting an abnormal event (such as, for instance, a speed reduction beyond certain parameters, which might indicate a possible accident) or the manual activation by the driver, and the Device underwrites and erases its own archived data at any journey, starting from the oldest. In the event of accident or damages to the Vehicle, the images and related data may be disclosed to insurance companies and their intermediaries and/or auxiliaries, submitted to Courts or disclosed to competent authorities, for the above purposes, and shall be stored by DriveNow for a maximum period identical to the relevant limitation period, including, with regard to road traffic accident, the 2-year period indicated in Article 2947, paragraph 2, of the Civil Code. Lacking any accident or damages to the Vehicles the images and data are erased within 6 mesi.

21.5 Each Vehicle is equipped with a satellite device which, by detecting the position and condition of the Vehicle in real time and continuously, is also capable of monitoring the driver's driving activity and collecting data relating to driving styles and habits (hereinafter referred to as the "Driving Behaviour"), such as sudden braking, sudden acceleration, curves, vehicle speed, engine revs data, which are supplemented by contextual data (traffic, weather conditions, time of day).

Driving Behaviour and geolocation data are processed as part of DriveNow's activity of verification of the use of the Vehicle aimed at protecting its assets, for aggregate and statistical analysis of the use of the Vehicles of Drive-Now in order to improve DriveNow's service and protect the assets, and in order to correctly reconstruct the dynamics of an accident, if any.

Subject to the Customer’s consent, and in order to raise awareness of driving prudence and safety, the Driving Behaviour and geolocation data are also processed in order to evaluate the Driving Behaviour of the individual Customer and assign him a score. In order to encourage a prudent Driving Behaviour, DriveNow may also organise rewarding pricing for customers who score well.

21.6. To determine the DriveNow Business Area uses geofencing, a technology that defines a virtual territory with the help of GPS coordinates and draws a virtual boundary around this area. In case of departure or entry into the Business Area with a Vehicle, the location will be accessible via GPS, which can trigger a number of different signals. In addition to virtual boundary detection data, the system also includes location data for (third party) service stations, airports, areas where parking or ending a rental is permitted or prohibited, and Points of Interest (POIs), such as charging points or mobility stations. If you approach one of these places, a pop-up window can be displayed on the Vehicle's screen, to inform the driver about the specific place nearby. If one leaves the Business Area, DriveNow will be informed by a silent alarm. This system ensures adequate protection against theft. Geofencing is not used to establish a personal profile based on the Customer’s movements.

21.7 For further information please refer to the privacy policy.

 

22. General provisions, legislation and jurisdiction
 

22.1 The General Terms & Conditions, the Privacy Policy, the Price List and its related regulations, and any annexes shall be governed by the Italian Law

22.2 The present General Terms & Conditions shall be signed in Italian and in English (where applicable). In the event of discrepancy between the Italian and the English text the Italian version shall prevail.

22.3 If the Customer may qualify as a consumer, each and any dispute however arising from the General Terms & Conditions, related therewith or resulting therefrom, shall be subject to the exclusive jurisdiction of the Court of the place of residence or the address for service of the Customer within the territory of the Italian Republic. Any other disputes shall be subject to the exclusive jurisdiction of the Court of Milan.

 

23. Contacts
 

Any communication regarding the General Terms & Conditions and each individual rental contract shall be directed to:

DriveNow Italy S.r.l.

Via Carlo Ottavio Cornaggia 16, 20135 Milano

email: servizioCustomer@drive-now.it

certified email: drivenow@legalmail.it

Italian Call Centre: +39 02 94 754 881

English Call Centre: +39 02 94 754 881

 

24. Miscellaneous
 

24.1 Should DriveNow, at any time, not assert the claims and the powers it is contractually entitled to, that shall under no circumstances be interpreted as a waiver of its rights, nor shall it affect its ability to subsequently require full, timely and rigorous performance.

24.2 If individual provisions in the General Terms & Conditions become invalid or ineffective due to possible changes to State or EU regulations in force, that does not affect the validity of the Contract as a whole.

Having examined the General Terms & Conditions that regulate his relationship with DriveNow, and pursuant to the terms of article 1341 of the Civil Code, the Customer declares his full acceptance and specific approval of the provisions contained in the following articles: Article 2.5 (Registration Article 6.3 (No liability for unavailability of the rental service);; Article 8 (Use of the Vehicle); Article 10 (DriveNow's Responsibility); Article 11 (Customer liability, insurance coverage and excess); Article 12 (Obligations in the event of accident, damage, defect or theft); Article 13 (Termination of the Individual Rental Contract and Vehicle Return); Article 16.2 (Customer’s liability); Article 17 (Right to offset); Article 18 (Amendment to terms and Conditions); Article 19.2 (Right of Withdrawal); Article 19.3 (suspension of the DriveNow ID)); Article 22.3 (jurisdiction).