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Terms and Conditions

500 celestial blue

ITALIAN MARKET 

 

TERMS AND CONDITIONS OF THE E+Share Drivalia SERVICE 

Last update 12.12.2023

 

Art.1 Scope and definitions

Acceptance of the proposed contract (where accepted, the “Contract”) by Drivalia S.p.A. (“Operator”) is the precondition for the registration of the potential customer to the e E+Share Drivalia Car sharing service (“Service”) and for such potential custom er to then use under rental arrangements (“Rental”) a vehicle intended for the Service (“Vehicle”). The Contract shall be governed by the Terms and Conditions of E+Share Drivalia Use (“Terms and Conditions”) and by the Annex thereto called “Pricing Schedule” as well as by applicable laws and regulations.

Following purchase of the registration voucher on www.amazon.it or on eplushare.drivalia.com potential customers may register either on the Operator’s website (”Website”) and E+Share Drivalia App, thereby submitting the proposed contract by entering the data required in the specific Website section, or through the Operator’s App, proceeding with the registration to the service without filling and signing  a paper proposal form. The selection of said button is tantamount to signing a contract proposal (“Proposal”). The Contract is executed when the customer receives the Operator’s notice of acceptance. Such acceptance shall be notified by e -mail to the potential customer (if the Proposal is accepted, the “Customer”) within 15 (fifteen) days of submission of the Proposal.

 

Art.2 Right to withdraw

Customers who qualify as Consumers pursuant to Legislative Decree 206/2005 may exercise their right to withdraw, without any penalty and without specifying the reason, though only if they never used the Service, by sending a written notice to the Operator, as indicated herein below, by e-mail to the following address: customercare.eplus.share@drivalia.com . Customers may exercise their right to withdraw by cancelling the Proposal in the period of validity and before receiving the Operator’s acceptance or by withdrawing from the Contract within 30 (thirty) working days following receipt of the notice of acceptance of the proposal by the Operator. In case of withdrawal request by the Consumer Customer within 30 (thirty) days of the purchase of the registration voucher, the Operator shall reimburse all the sums received, provided that the rental service did not start. In the event that  the Service has already been utilized, in whole or in part, within 30 (thirty) days of the purchase of the voucher, the Consumer Customer shall be able to exercise such right to withdraw, thus obtaining the refund of the sum used to purchase the registration voucher.

 

Art.3 General Conditions of Service

  • The Service rendered by the Operator enables Customers to use a Vehicle in a car sharing mode through the payment, with a credit card or a prepaid card, in the ways described below:
  • Prepaid Plan including a certain number of minutes of Once exceeded the included amount of minutes a rate per minute will be applied based on the actual time of use of each individual rental, with a maximum amount to be charged per day, as described in the Pricing documentation.
  • "Pay per use" Plan with a rate per minute based on the actual time of use of each individual Rental with a maximum amount to be charged per day, as described in the Pricing Schedule, except for specific agreements

 

The Customer will have the possibility to request from the APP or site eplushare.drivalia.com  the modification of his tariff plan from Prepaid Plan to Pay per use Plan or vice versa, without paying a new entry fee.

The request for a change of plan must be made using the  appropriate function available in the customer's personal area, by following the steps: PROFILE section -> profile and subscription data -> payment method> change rate plan. The new plan will  be active from the date scheduled for the next monthly renewal. .

Customers may look for the Vehicle through the App with a compatible operating system, as indicated on internet eplushare.drivalia.com.

Use of the Service can take place through specific functionalities of the App fo r the start, management and end of the Rental.

These Terms and Conditions set out the manner of use of the Service, can be viewed by Customers in the Proposal’s acceptance phase and are published  on the  Operator’s website to ensure that they can be reviewed at any time.

  • Every single Rental is executed when the Customer starts the Vehicle Rental procedure, as described in, and governed by, the paragraph titled “Vehicle Pick Up” and ends when the Customer completes properly the procedure to return the Veh icle, as described in, and governed by, the paragraph titled “Vehicle Release”. For every Rental and for the entire period in which they are Service users, Customers are required to comply with this Contract, these Terms and Conditions and the Pricing Sche dule, which constitutes an integral and substantive part hereof, as well as to use the diligence of the reasonable person in utilizing the Vehicle under article 1587 and article 1176 of the Italian civil.

The Operator may, at any time, update and supplement or amend the Contract and the Terms and Conditions as well as the Pricing Schedule through a publication on the Website or by sending an e-mail to the address provided by the Customer  in the registration phase.

The changes will be applied after 30 ( thirty) days from the written communication in which the Operator has communicated the changes to the  Customer, provided that  laws or administrative measures do not require an earlier effective date. In case  of disagreement, the Customer may withdraw from the Contract without penalties,  by sending an e-mail to customercare.eplus.share@drivalia.com , which should reach the Operator within 15 (fifteen) days of the date of receipt of the Operator’s notification. In this case, the withdrawal shall be effective as of midnight of the day preceding that on which the amendments should have become effective.

The Operator reserves the right to reject the application  and/or  registration  to the Service, in accordance with its unfettered discretionary evaluation of the pote ntial Customer (including, without limitation: solvency, unfair past conduct with the Operator or with any other sector operator, etc.).

It is understood that the Service is available to people older than 21 who have had a driver’s licence for at least one year ( “Driver’s Licence”) issued in Italy (“Italian Driver’s Licence”) or who had a driving license issued by the European Union (EU) and/or European Economic Area (EEA) or by the European Free Trade Association (EFTA) ("Foreign License") and other valid ID document. Driving licenses issued by non-EU / EEA / EFTA countries are accepted only with the addition of an International Driving Permit or a certified translation of the national driving license in Italian or English.

Both when applying and/or registering for the Service and during the term of the Contract

– which will last 12 (twelve) months as of the date of execution – the Customer needs to have a driver’s licence that is valid, has not been suspended or cancelled or otherwise no longer available as a licence that entitles the holder to drive as a result of a measure adopted by the Authorities or by operation of law. Customer hereby undertakes to notify promptly the Operator of any cancellation, suspension, revocation, loss, etc. involving the Driver’s Licence. This notification should be sent to the Operator by e -mail to: customercare.eplus.share@drivalia.com

Following this notification, the Operator shall promptly suspend the Customer and the relevant monthly amounts for the Service, and will consider the possibility to terminate this Contract.

Customers, in case of revocation or cancellation of the above measures, shall be able to access the Service through a new application, if the Operator has terminated the Contract. In case of suspension from the Service, the Customer may request the reactivation by sending an e-mail to customercare.eplus.share@drivalia.com attaching documentary evidence of the issuance of the Driver’s Licence following revocation, cancellation, suspension etc. This reactivation service entails payment as per the Pricing Schedule.

The Customer can withdraw from this Contract and cancel his subscription at any time, through a specific function in the personal area of his profile available on the website eplushare.drivalia.com or APP, by following the step: profile section, profile and subscription data, payment method, "Cancel Subscription" button.

In the event of cancellation of the d Prepaid Subscription, any unused minutes will no longer be usable and will not be refunded.

In any case, Customers shall pay all amounts due for past use of the Service through vehicle Rentals also during the notice period.

The Operator may withdraw from this Contract, with a 30 -day (thirty-day) notice, notifying Customer by an e-mail sent to the addresses provided by Customer in the registration phase.

Withdrawal by either party or termination of this Contract shall result in the loss of the status of Customer and the deactivation of the PIN, with the automatic termination of any arrangement ensuing from and connected to the Service.

The Operator may, in its unfettered judgment and without the need to explain, suspend the Customer’s right to access the Service.

Customer shall bear the cost of any damage to and/or theft of components and/or accessories of the Vehicle (including but not limited to charging  cable,  seat,  tyre inflation kit, spare tyre, roof bars, etc.), as well as any damage to the Vehicle found at the end of the Rental and not indicated prior to the Rental, in accordance with the manne r indicated in the paragraph “Vehicle Pick Up”. In these cases the  Operator  shall  be entitled to charge the Customer a penalty, as listed in the Pricing Schedule. In ca se of damage to the Vehicle due to Customer’s fraud or gross negligence under article 1 229 of the Italian civil code, as well as lack of diligence under articles 1176 and 1587 of the Italian civil code, Customer shall be  held liable for the full value of t he Vehicle. In these cases, the Operator shall send to Customer all the  applicable  doc umentary evidence.

Without prejudice to the obligation to report the damage, the Parties agree that Customer is free to prove that the damage was due to reasons beyond his control, as per article 1588 of the Italian civil code. In the event that the Operat or receives a request to pay for damages resulting from an accident, without receiving the notification and documentation from the Customer that was using the vehicle when the accident occurred, the Operator reserves the right to apply the penalties indica ted in the Pricing Schedule.

Vehicles have third-party liability insurance for up to €25,000  without  deductibles payable by Customer and are equipped with sealed odometers, car warning triangle, tyre inflation kit, spare tyre, charge cable, high visibility vests. The Operator covers also fire and theft, without deductible payable by the Customer.

Vehicles have third-party liability insurance for up to €25,000  without  deductibles payable by Customer and are equipped with sealed odometers, car warning trian gle, tyre inflation kit, spare tyre, charge cable, high visibility vests.

The Operator covers also fire and theft, without deductible payable by the Customer. The operator also provides PAI  (Personal Accident  Insurance)  liability insurance coverage for up to € 155.000 (one hundred and fifty-five thousand) and RSM (Medical Expense Reimbursement) liability coverage for up € 10,000 .

 

Art. 4 Registration process

Registration to the Service is allowed only to natural persons older than 21 who have had a valid driver’s licence for at least one year and hold a credit card and/or a pre paid card and can be completed through the App. Use of the Service is permitted solely to Customers that have properly finalized the following process:

The potential customer is registered when the Operator accepts his proposal and after that:

  1. a) the potential customer has filled in all the mandatory fields; b) the potential customer has consciously read and accepted these Terms and Conditions and the relevant Annex as well as the relevant Privacy Policy; c) the potential customer has authorised the Manager to use his/her data for the purposes of providing the Service; d) the potential customer has used during registration for the Service - and undertakes to use for the entire duration thereof - an email and a mobile phone number for mobile and personal communication services that are valid and traceable to him/her e) the potential client has correctly carried out, following the instructions of the App, the uploading of the images (front and back) of the driving licence and, where necessary, of the international driving permit or sworn translation of the foreign driving licence, and has correctly entered the relative data verified and validated by the Manager or another party specifically appointed for this purpose. The data relating to the Italian driving licence is also verified and validated by the Italian Civil Motorization Authority; f) the potential customer, following the instructions of the App, has correctly uploaded his/her "selfie" with the driving licence in hand g) the prospective customer has correctly entered the details of the credit card or prepaid card (where permitted) for payment of the Service and these have been verified and approved via the payment platform; h) the prospective customer has selected the appropriate command from the Manager's App to confirm the subscription. 

 

Art.5 Vehicle pick up

Vehicles available for Rental are parked in public areas or in parking lots made available by the Operator in the areas of every city where the Service is available, as clearly indicated on the map accessible through the Website and the Section “Coverage Area”. Customer can locate all the available Vehicles through the App. From the App, Customer can view on the map the vehicles  closest to his position or to any other address. Once the most convenient vehicle has been identified, Customer can book it through the App. As the vehicle is booked, the Operator send Customer a notification with the details of the vehicle booked. The Reservation lasts 15 (fifteen) minutes.

In case Customer decides to cancel the reservation, or the 15 reservation minutes expire without the Client activates the Rental by unlocking the doors, the Vehicle is made available again for other Customers to book.  Customer should book a vehicle only when he actually expects to use  it within the  15 reservation minutes. The Operator reserves the right to check the improper use of vehicle booking by Customer. In the presence of such improper use, the Operator may suspend and/or block Customer from the Service, including by terminating the Contract.

After reaching the booked vehicle, Customer must use the App to unlock the door and activate the Rental. After answering on the App the questions on the condition of the Vehicle, Customer can ignite it. The ignition key is in the Vehicle’s glove compartment.

As access to the vehicle is gained, the Rental starts the moment the doors are unlocked and in that same time will be charged to the customer the amount  provided  in the document "Tariff" for the unlocking of the vehicle.

The Rental, governed by these Terms and Conditions and by the applicable laws, takes effect as of that moment. In the event that Customer did not access the vehicle before the doors are automatically locked, Customer shall repeat the door unlocking procedure and if he does not intend to proceed with the Rental, he must in any case carry out the procedure to release the vehicle described in the paragraph “Vehicle Release”.

When he picks up the vehicle, Customer is required to check that the documentation necessary for the vehicle to circulate is available (e.g. registration, insurance certificate), the actual condition of the Vehicle as well as the presence of any damage (including but not limited to: damage to car body, tyres, interior, unusual noises, malfunction indicator lamp lights, vehicle parked in a no parking space, lack of components, fines, etc.) to be reported to the Operator by calling 800920900 or by sending an e -mail to: customercare.eplus.share@drivalia.com

Failure to comply with the above shall cause the Operator to charge Customer a penalty as per the Pricing Schedule. To unlock the Vehicle doors Customer needs to enter his PIN in the APP. In case the Vehicle is out of order, Customer shall relea se it, reporting immediately to the Operator the anomalies detected by calling 800920900, notifying the Operator by sending an e-mail to customercare.eplus.share@drivalia.com or through the App.

In case of need, customer can always contact the Operator’s C ustomer Service by calling 800920900 or by sending an e-mail to customercare.eplus.share@drivalia.com for assistance and additional reports.

 

Art.6 Rules of conduct in using the Vehicle

For every Rental, Customer is required to comply strictly with the Term s and Conditions. The Vehicle must be used in the manner and within the limits set by these Terms and Conditions, by any applicable law and by any instruction received from the Operator in the registration phase and/or during usage. The Vehicle must be dri ven solely by the Customer registered with the Service and holder of the current reservation. Third parties, including family members and other Customers, are expressly prohibited from driving the Vehicle. In case of breach, the Operator may charge a penal ty as indicated in the Pricing Schedule. The Vehicle shall be driven in keeping with the Rules of the Road, the Civil Code and the Penal Code and, in general, with utmost diligence.

In every single Rental, Customer must be of sound mind and must not have i ngested any type of drug, alcohol, or medicine that might impair in any way his ability to drive. In general, vehicles cannot access restricted traffic areas (e.g. urban car -free zones). Any fine for the violation of rules on Vehicle circulation (including  but not limited to Rules of the Road, Town Ordinances, etc.) shall be notified to Customer, as user of the Vehicle at the time of the fine, who shall be required to pay for it.

For the management of the re-notification service to the customer will come charged the amount indicated in the Tariff Document. Moreover, Customer may be charged for the costs incurred to recover the vehicle with a tow truck and any costs incurred for the vehicle’s impoundment. In case of violation of the Rules of the Road, also due to the absence of vehicle documents which Customer failed to report, Customer shall bear the cost of the fine.

Smoking and transporting animals in the Vehicle is expressly prohibited. Lack of compliance with this prohibition shall entail charges for cleaning the Vehicle and a penalty for the last Customer that used the Vehicle. Customer cannot use the Vehicle to transport goods or sundry materials.

In case of misplacement of any object in the Vehicle by Customer, the Operator shall endeavour to find such object but shall not be held responsible and shall not be liable for the value of the object.

If, on the other hand, a dangerous object such as a weapon is found or the Operator finds an object that, regardless of the apparent value, does not allow a visual inspection of contents – such as boxes, bags, rucksacks, sealed envelopes, liquids in containers – the Operator shall alert the Competent Authorities and may involve also the last Customer.

 

Art. 7 Electric vehicle charging

Charging the vehicle is the responsibility of the operator. In case of need, the customer can recharge himself with his own apps and subscriptions without any reimbursement by the operator. 

Art. 8 Parking

The App’s map indicates whether the Vehicle is located in the Coverage Area and, as such, whether the Vehicle can be parked so that the single Rental can also be ended. By converse, Customer cannot end the Rental outside the Coverage Area. In any case, Customer cannot release the Vehicle if it is in an area where there is no GPS and/or GSM signal, even inside the Coverage Area of the City.

The Vehicle cannot be parked in areas other than those expressly authorized.

Parking permits depend on the cities where the Service is provided and on specific arrangements with Local Authorities and are described on the Website (it is allowed to park in the blue lines of the municipalities of Turin, Milan, Rome ). Customer cannot release the Vehicle in private or corporate parking facilities that are closed during night hours (e.g. supermarkets) unless these are expressly marked as parking facilities for the Service in the specific City where the Service is active. Customer can then park the Vehicle and simultaneously end the single Rental in any dedicated private parking stalls marked by identification colours and/or symbols, as shown on the Operator’s Website and on the App.

Under no circumstance can Customer: i) unload and store  objects  of any kind (particularly inflammable and hazardous objects); ii) perform repairs, change oil, charge batteries, accumulators etc.. save as otherwise permitted under this Contract, and in general perform maintenance activities on, or wash, the Vehicle; iii) park the Vehicle with a leak in the tank and other defects that can damage the pavement and/or the road;

  1. iv) act in any way that might cause potential hazard or damage to people, property or the environment.

Parking is never allowed in stalls reserved to disabled people, Police, loading/unloading goods, taxis, state property areas, local market areas with temporary parking bans, institutions or diplomatic corps.

 

Art.9 Vehicle release

After parking the Vehicle in the permitted areas within the Coverage Area, Customer can release it by selecting the option “End Rental”, a functionality that can also unlock the Vehicle doors. If Customer does not select “End Rental”, he will continue  to keep formally the use of the Vehicle and shall continue to be billed for the Service.

Failure to comply with this obligation shall trigger the relevant Penalty, as indicated in the Pricing Schedule. Moreover, Customer should ensure that: a) all the windows are closed and the doors are locked; b) the parking brake is on; c) the radio and the courtesy lights are off; d) the ignition key is placed in the original position; e) all the documents, manuals and accessories are in order and in their original position; f) a ll the Customer’s personal belongings have been collected and not been left in the Vehicle. Failure to comply with these obligation shall entail the charge of a Penalty. Before selecting the “End Rental” option, Customer shall close all the doors that will lock automatically when “End Rental” is selected. Before leaving the Vehicle, Customer should ensure that: i) doors and windows are all properly closed; ii) Rental actually ended.

It is also noted that at the end of the rental the customer is required to check the level of autonomy of the battery of the rented vehicle that must be equal to or greater than 2%. If the customer is below this percentage, in order to end the rental with the battery life level indicated above, is obliged to charge the car in accordance with the provisions of article 7 above. Otherwise the penalty indicated in the "Fare Document" will be applied.

At the end of every Rental, Customer receives a notice with a summary of the use of the Vehicle, such as: Rental minutes, kilometres travelled, any voucher used, total amount charged. In case of anomaly during the Release procedure or failure to receive the foregoing summary, Customer shall contact immediately the Operator’s Customer Service.

Customer is required to keep the Vehicle used clean. The Operator reserves the right to charge a penalty to the last Customer that used the Service, expressly indicated in the Pricing Schedule, for non-routine cleaning activities. Objects left in the Vehicle should be reported to the Operator’s Customer Service by calling 800920900 . Customer Service will then provide all the information necessary to collect them.

It is forbidden to leave the vehicle in a temporarily prohibited place, even if this prohibition relates to specific days and times (e.g. no parking for street cleaning or market area) In the event that the customer does not comply with this requirement, he/she will be held liable for any fines and/or removal imposed on the vehicle.

It is also forbidden to leave the vehicle in the paid parking lots of the airport areas with NO the DRIVALIA logo and any penalties and / or costs incurred for the recovery of the vehicle will be charged to the Customer. For more information on DRIVALIA parking areas in the airports, consult the “How It Works” (FAQ) section of the eplushare.drivalia.com website.

Please note that a specific charge may be applied for taking/delivery o f the E+Share Drivalia vehicle! at the stables in the airport area, as per "Tariff".

The release of the Vehicle at the end of the rental in certain areas present in the coverage area of the cities will involve the application of a specific tariff as indicated in the "Document Tariff".

 

Art.10 Pricing, payment and billing

Customer hereby accepts the content of the Pricing Schedule Credit cards or prepaid cards registered by Customers in their profile  are the  only accepted payment mediums for the Service. The total amount due  for the Rental  is charged at the end of the Rental period. In case of extended Rental and/or Rental outside of the Coverage Area, the Operator reserves the right to charge a sum that may vary as indicated in the Pricing Schedule.

At the end of the Rental, Customer shall be charged the amount due and payable for the Rental. The system calculates the total amount to be charged both during and at the end of the Rental. Customer shall pay the Operator by credit card:

  • The amount for the single
  • The sums due – including penalties – in accordance with these Terms and Conditions and the Pricing Schedule, as well as any amount identified by the  Operator  for any damage to the vehicle
  • All the expenses and charges incurred by the Operator to collect the sums owed by Customer.

 

Art. 11 Damages and accidents

The Vehicle shall be released in the same conditions as when it was picked up. Customer is required, at the start of the Service, to check the conditions of the Vehicle and to notify with an e-mail at sinistri.eplus.share@drivalia.com the existence of any damage, anomalies and/or faults, as indicated in the paragraph “Vehicle pick up”. In the absence of such notification, the Operator’s documented determination shall be valid and tacitly accepted. In case of damages to the Vehicle due to Customer’s fraud or gross negligence under article 1229 of the Italian civil code, as well as lack of diligence under articles 1176 and 1587 of the Italian civil code, Customer shall be held liabl e for the full value of the Vehicle calculated at the time of the event. In these cases, the Operator will submit to Customer suitable supporting evidence in that respect.

In case of accident during use of the Vehicle, Customer is required to call the Operator’s Customer Service at once, describing the type of accident, the damage to the Vehicle and providing the exact address where he is. The Operator’s Customer Service may send a representative on site to provide the necessary assistance.

In this case, if he does not need medical care, Customer shall be asked to remain on site at least until the representative arrives and to fill all the documents and forms to be filled as a party involved in the accident (e.g. the knock-for-knock form [CAI], provision of personal data to the Police). Customer shall sent to the Operator the CAI form filled at the time of the accident and any report issued by the authorities that intervene (Local Police, Police and other competent authorities). Customer shall take a photo and send to the Operator all the documentation and reports issued.

The CAI form as well as any document necessary in case of accident shall be filled and signed by Customer. In case a representative cannot be present, Customer shall send within 24 hours of the accident the CAI form and any report in one of the following manners: 1) by e-mail to sinistri.eplus.share@drivalia.com ; 2) by uploading the photos of the documents directly into the App through the specific function. In case these instructions are not followed, the Operator shall apply the penalties indicated in the Pricing Schedule.

Moreover, in case of at-fault and/or shared-fault accidents involving Customer’s responsibility, the Operator shall apply the penalty under the Pricing Schedule.

In the absence of the intervention of the representative, save as noted above, Customer shall leave the first original page of the CAI in the Vehicle’s glove compartment. In case the Vehicle can no longer be used, and the Vehicle is outside the Coverage Ar ea of th3 City, Customer can contact the toll free number at 800920900.

 

Art. 12 Complaint

Customer can submit any complaint by writing to the following e -mail address: customercare.eplus.share@drivalia.com

 

Art.13 Theft, robbery, vandalism

In case of theft, robbery or vandalism against the Vehicle while this is being used by Customer, Customer is required to contact promptly the Operator’s Customer Service by calling 800920900 and by writing to the e-mail address customercare.eplus.share@drivalia.com , providing details of the place where he is and describe the event as well as filing a report with the Competent Authorities within 24 hours of the event by sending to the  Operator, within the  successive 24 hours, copy  of the report filed. In case these instructions are not followed, the Operator shall apply the penalties indicated in the Pricing Schedule. In case of theft of the Vehicle due to Customer’s fraud or gross negligence, the Operator reserves the right to charge Customer for an amount equal to the full value of the vehicle at the time of the event, as calculated on the basis of yellow Eurotax.

Generally speaking, all tips on possible thefts, vandalism or illegal conduct against vehicles not utilized by Customer are recommended and considered useful. Cust omer can contact he Operator’s Customer Service for these types of tips and is not required to remain on site.

 

Art.14 Processing of personal data

To perform under the Contract, the Operator has the right to collect, process and utilize Customer’s personal data, including name, date of birth, address, e -mail address, information on the manner of payment and cellular telephone number, as well as information on the Rental, including but not limited to place and starting hour and end of the rental and duration of use of the Vehicle. For further information, please check our privacy disclosure.

 

Art.15 Contract termination

The following shall constitute serious breaches, the occurrence of which may cause the Operator to terminate the Contract pursuant to article 1456 of the Italian civil code for default or cause with a written notice to be sent by registered mail with return receipt, without prejudice to demands for compensation for any additional damages:

  1. a) Customer who turns out to be younger than 21 and/or without a Driver’s Licence and, where contemplated, a copy of the international driving permit or a sworn translation of the driver’s licence or who has not had a Driver’s Licence for at least one year; b) Customer’s failure to notify the Operator of the suspension, revocation, cancellation etc. of the Driver’s Licence and/or the international driving permit; c) Use of forged documents and credentials or otherwise not attributable to Customer, when registering for the Service and/or when booking and Renting vehicles, including the indication of promotional /special arrangement codes without having any right thereto; d) Multiple booking of one or more vehicles without starting the Rental; e) Failure by Customer to comply with even just one of the obligations related to the terms and conditions of use of the vehicles as provided for herein below; f) Missed or late payment of the amounts deriving from the use of the Service at the end or during a Rental; g) Release of the rented vehicle at the end of the Rental in an area without GPS coverage or outside of the Coverage Area of the City where the Rental started or used outside Italy; h) If Customer stains or engages in acts of vandalism with the vehicles; i) If Customer, despite a written notice, does not desist from seriously breaching the Contract or if he does not remedy promptly the consequences resulting from such breaches; j) If it has been determined that Customer drove under the influence of alcohol or drugs, in a state of unconsciousness, in anomalous psycho-physical conditions. In this last case, the Operator may charge Customer a penalty equal to the full value of the Vehicle at the time of the event and calculated on the basis of yellow Eurotax; l) If Customer, also upon the Operator’s request, fails to return a vehicle; m) Failure to pay the penalties provided for by the Pricing Schedule and applied by the Operator; n) Rented vehicle driven by a party other than the Customer who entered into the Rental; 0) Aiding and abetting or fraudulent, or with-intent perpetration of, theft, robbery and/or vandalism act on the vehicle or if Customer, by fault or cause, caused an accident or a breakdown of the vehicle; p) In case of End of Rental by Customer in private areas other than those specifically dedicated to park the Vehicles of the Service; q) In case of End of Rental by Customer with the Vehicle in incorrect conditions, e.g. windows open; r) In case of vehicle tampering or improper use; s) Illegal transportation on of goods (smuggling, drugs, etc.); t) Passenger transportation for express or tacit compensation; u) Illegal purposes, for speed races or road tests or competitions of any kind; v) Sub-lease or negligent entrustment to third parties for any reason.

It should be noted that the Operator, in the event of non-payment or impossibility of payment by the Customer due to inability to pay or exceeding  the  credit  card  ceiling limit inserted and accepted during registration, at any time, reserves the right to oblige the Customer, upon prior notice, to return the vehicle, also by remotely blocking the vehicle in respect of the safety of the Customer and third parties.

Except for cases of fraud or gross negligence, the Operator shall not be held liable for direct or indirect damages of any type that Customer or third parties might suffer in any way because of the Service, or changes in manner, hors Except for cases of fraud and gross negligence, the Operator shall not be held liable for any direct or indirect dam ages of any kind that the Customer or third parties might in any way suffer due to the Service, or to changes in manner, hours and/or conditions for the provision of the Service or due to the suspension, interruption or otherwise unavailability of the Service due to the vehicles, technological equipment, ITC systems and otherwise to reasons attributable to the Operator’s suppliers and third parties in general. Furthermore, the Operator shall not be held liable for the total or partial failure to comply with its obligation due to cases of force majeure, including but not limited to: acts of State and Government; acts of Public Authorities; legal limitations; fire; floods; explosions; mobilizations; turmoil; strikes; demonstrations; labour unrest; lack of raw materials; lack of electricit y; interruption of telephone lines; lack of fuel oils and others. In any case, Customer expressly exonerates the Operator from any liability for any damage of any kind suffered by Customer and/or third parties in relation to the performance of the Contract not  derived  from  the Operator’s fraud or gross negligence. Without prejudice to the liability of the vehicle manufacturer, the Operator shall perform all its routine maintenance activities in such a way as to deliver the vehicle in good operating conditions, as provided for by article 1575 of the Italian civil code. The Contract and the Terms and Conditions shall  be governed by the Italian Law. In the case of Customers  who qualify  as Consumers pursuant to Legislative Decree 206/2005, for any dispute arising from, related to, or deriving from the Contract shall be finally settled solely by the Court having jurisdiction over the residence or domicile elected by Customer in Italy. In all the other cases, the Court of Turin shall have exclusive jurisdiction. For any communication related to the Contract, reference should be made to:  customercare.eplus.share@drivalia.com . Pursuant to and due to the effects of article 1407 of the Italian civil code, Customer hereby gives his consent for the Operator to assign its contract to another company of the CA Auto Bank Group, which assignment shall be promptly notified to Customer.

Acceptance of Terms and Conditions Customer, after reviewing these Terms and Conditions, accepts in full its content. Customer accepts in full and approves specifically the provisions of articles: (3) General Conditions of Service; (5) Vehicle pick up; (11) Damages and accidents; (13) Theft, Robbery, Vandalism.

 

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FRENCH MARKET

 

GENERAL TERMS AND CONDITIONS OF E+ SHARE DRIVALIA

PREAMBLE
The following general booking and rental conditions are valid within the framework of the E+ SHARE DRIVALIA (hereinafter “the Service”).
Acceptance of these general terms and conditions and its appendix "Pricing Schedule" (hereinafter "the Contract") is the prerequisite for the registration of the potential customer to the Service, allowing this potential customer to then use a vehicle intended in the service.

 

ART 1: PURPOSE AND DURATION OF THE CONTRACT
DRIVALIA FRANCE (hereinafter “the Operator”) provides the customer (hereinafter “the User”) with self-service accessible vehicles 24/7 , subject to availability. The User undertakes to comply with the Contract as well as the applicable legal and regulatory provisions.
To access the Service, the User must first pay an annual entry fee as defined in the appendix “Fee Schedule”. This right of entry allows the User to benefit from access to the Service for a period of twelve (12) months from the validation of his registration by the Operator. Before
any purchase, the User must check that his profile complies with the conditions required for the use of the Service as defined in article 2 hereof.
Once the registration has been validated, within the limit of twelve (12) months of the annual subscription, the User can subscribe to a monthly subscription for a firm period of 30 days, the price of which is indicated in the appendix "Pricing grid ". The monthly subscription includes 120 prepaid rental minutes. Beyond these 120 minutes, or in the event of non-subscription rental, the User will be billed for the actual rental time, at the rate indicated in the appendix “Price list”.
The continuous rental of the same vehicle cannot exceed 72 hours. Beyond this period, the rental price will automatically be increased by a daily allowance as provided for in the appendix "Pricing". The Operator may also recover the vehicle at its convenience, without prejudice to any penalties that may be invoiced to the User in accordance with the Fee Schedule.

 


ART 2: REGISTRATION FOR THE SERVICE – REQUIRED CONDITIONS
2.1 Following payment of the entry fee, potential customers can register either on the Operator's website ("Website"), by entering the required data in the specific section of the Website, or on E+ Share App, by registering for the Service electronically.
Registration for the Service is equivalent to the electronic signature of the Contract by the User. The Agreement enters into force when the User receives the notice of acceptance from the Operator. This notice will be notified by e-mail within twenty-four (24) hours of registration.
No compensation will be due to the User for any request left unaddressed or not confirmed in writing by the Operator.

2.2 Registration for the Service is only authorized for natural persons over the age of 21 who have held a valid driving license for at least one (1) year and who have a credit card and/or a card whose information can be provided on the Website or E+ Share App.
2.3 Registration can only be accepted by the Operator if the User has:
a) Completed all required fields;
b) Read and accepted the Contract;
c) Authorized the Operator to use its data for the provision of the Service;
d) Used when registering – and has agreed to continue to use for the duration of the Service – an email and cell phone number for mobile
and personal communications services that are both valid and registered under his name;
e) Downloaded correctly, following the instructions of the Website or E+ Share App, images (front and back) of a valid, unexpired ID;
f) Downloaded correctly, following the instructions of the Website or E+ Share App, the images (front and back) of his valid and unexpired
driving license, if applicable his international driving license or the sworn translation of his foreign driving license, and has correctly entered
the data required by the 'Operator;
g) Correctly entered their credit card or prepaid card data (if accepted) to pay for the Service and these data have been verified and
approved through the payment platform.
The User undertakes to notify the Operator without delay of any change in his situation, and this in particular in the event of cancellation,
suspension, revocation or loss of the driving licence. This notification must be sent to the Operator by e-mail to the following address: contact.eshare@drivalia.fr
2.4 In the absence of any irregularity in the registration process as described above, the Operator sends the User an e-mail to notify the validation of his registration with the attached contractual documentation and the necessary PIN code to the use of vehicles, to be entered
in E+ Share App. The PIN code is strictly personal and cannot be transferred to third parties. Failure to comply with this obligation will result in the application of a penalty, as provided for in the Tariff Schedule, as well as the option for the Operator to terminate the Contract,
and, if necessary, to seek damages under compensation for his damage. In the event that a User misplaces their PIN code or suspects that the PIN code is being used by others, the User will be required to immediately contact the Operator's customer service department at the following email address: contact.eshare@drivalia.fr.


ART 3: RIGHT OF WITHDRAWAL In accordance with Article L. 221-8 of the Consumer Code, the User does not benefit from the withdrawal period provided for in Article L. 221-18 of the same Code.

ART 4: VEHICLE COLLECTION The vehicles available for hire are parked in public spaces or in car parks made available by the operator in the areas of each city where the service is available, as clearly indicated on the accessible map via the Website and the “Coverage Area” section. The User can locate all the vehicles available via E+ Share App. Since E+ Share App, the User can view on the map the vehicles closest to his position or any other address. Once the most convenient vehicle has been identified, the User can reserve it via E+ Share App. When the vehicle is reserved, the Operator sends the User a notification with the details of the reserved vehicle. The reservation is valid for a period of fifteen (15) minutes. In the event that the User decides to cancel the reservation, or if the fifteen (15) minutes of reservation expire without the User activating the rental by unlocking the doors, the vehicle is once again made available to other users.
The User should only book a vehicle when he actually expects to use it within fifteen (15) minutes of booking. The Operator reserves the right to observe inappropriate use of the vehicle reservation by the User. In the event of abuse, the Operator reserves the right to suspend and/or block the User, including by terminating the Contract under the conditions of Article 16 hereof. After reaching the reserved vehicle, the User must enter their PIN code in E+ Share App to unlock the door and activate the rental.
After responding on E+ Share App to questions about the status of the vehicle, the User can start it. These questions relate in particular to the presence of the documentation necessary for the circulation of the vehicle (for example, registration, insurance certificate), the actual condition of the vehicle as well as the presence of any damage (including, but not limit: damage to the car body, tires, interior, unusual noises, malfunction indicator lights, vehicle parked in a place without parking, lack of components, fines, etc.). In any case, the User is required to notify the Operator of the existence of any anomaly by sending an email to the following address: contact.eshare@drivalia.fr
Failure to comply with the above will result in the User being charged a penalty in accordance with the Fee Schedule. The rental begins the moment the doors are unlocked. In the event that the User does not reach the vehicle before the doors have automatically relocked, the User must repeat the procedure for unlocking the door and, if he does not intend to proceed to the rental, he must in any event carry out the procedure for releasing the vehicle described in the article “Release of the Vehicle”. In the event of a breakdown of the vehicle, the User must release it in accordance with article 8 hereof, and immediately report the anomalies detected to the Operator's customer service department by calling +33 1 87 15 34 05, or by sending an e-mail to contact.eshare@drivalia.fr or via E+ Share App. Vehicles are equipped with sealed odometers, car warning triangle, tire inflation kit, spare tire, high visibility vest.

ART 5: PRICE AND PAYMENT The price of the Service and additional services is that indicated in the appendix “Price list”. Credit cards or prepaid cards registered by Users in their profile are the only means of payment accepted for the Service. At the end of each rental, the User will be debited with the total amount due for said rental. The User thus undertakes to pay the Operator:
1) The amount due for the single rental;
2) The sums due – including penalties – in accordance with these general conditions and the Fee Schedule, as well as any amount identified
by the Operator in respect of damage affecting the vehicle;
3) All costs and charges incurred by the Operator to recover sums owed by the User.

ART 6: CONDITIONS OF USE OF THE VEHICLE For each rental, the User is required to strictly comply with these general conditions.
The vehicle must be driven only by the User registered with the Service and holder of the current reservation. Third parties, including family members and other users of the Service, are expressly prohibited from driving the vehicle. The User undertakes to use the vehicle reasonably, to drive only on roads suitable for the circulation of the vehicle, not to participate in any race, rally, test, preparation, or any competition of any kind whatsoever, to not to use it for illicit or immoral purposes or not foreseen by the manufacturer, not to use it to push, pull or tow another vehicle, not to drive under the influence of an alcoholic state or under the the effect of absorbed elements that modify the reflexes essential for driving, not to transport people or goods for a fee, not to use it for driving lessons, to use it in accordance with the Code of the road, to customs regulations and in general to legal and regulatory provisions, to only transport goods that comply with the use for which the vehicle is intended, not to load materials likely to damage the vehicle (such as s inflammables, explosives, radioactive products, etc.). The User may not use the vehicle to transport goods or various materials. Similarly, it is strictly forbidden to smoke in the vehicle and it must be returned clean, inside and out. The user must maintain a charge above 20% during use and return the vehicle with a minimum charge of 20%. Failure to comply with these prohibitions may result in the invoicing of penalties against the last
User, as specified in the appendix "Fee Schedule".
In the event of loss of any object in the vehicle by the User, the Operator cannot be held liable, regardless of the value of the object. If a dangerous object, such as a weapon, is found, or if the Operator finds an object that does not allow visual inspection of its contents – such as boxes, bags, backpacks, sealed envelopes, liquids in containers – the Operator reserves the right to alert the competent authorities and, if necessary, to denounce the last User.

The User is responsible for the reports drawn up against him. He undertakes to reimburse the amount of the minutes to the Operator in the event that he advances them. In the event of receipt by the Operator of a report or a request for information by the Public Prosecutor, the
User will be denounced and administrative costs will be invoiced to the User, in accordance with the Grid tariff. In addition, the User may be billed for the costs incurred to recover the vehicle with a tow truck and all costs incurred for impoundment of the vehicle.


ART 7: PARKING The E+ Share App indicates whether the vehicle is located within the coverage area and as such whether the vehicle can be parked so that the rental can end. Indeed, the User cannot end the rental outside the coverage area. In any case, the User cannot
release the vehicle if it is in an area where there is no GPS and/or GSM signal, even inside the city coverage area as detailed within E+ Share App.
The vehicle may not be parked in areas other than those expressly authorized. The User cannot release the vehicle in private or corporate car parks. Parking permits depend on the cities where the service is provided and specific arrangements with local authorities and are described on the Website. Parking is never permitted in spaces reserved for disabled people, police, loading / unloading of goods, taxis, institutions or the diplomatic corps and any other unauthorized location.
Under no circumstances may the User: i) unload and store objects of any kind (in particular flammable and dangerous objects); (ii) carrying out repairs, changing oil, charging batteries, accumulators, etc. except as permitted by this Agreement, and generally perform maintenance
activities on or wash the Vehicle; iii) park the vehicle with defects that may damage the pavement and/or the road; (iv) act in a manner that could cause potential danger or damage to persons, property or the environment.


ART 8: RELEASE OF THE VEHICLE After having parked the vehicle in the authorized areas of the coverage area as defined under the terms of the Website and E+ Share App, the User can release it by selecting the “End of rental” option. Otherwise, he will continue to formally retain the use of the vehicle.
Before ending the rental, the User must ensure that: a) all windows and doors are closed; b) the parking brake is engaged; c) the radio and courtesy lights are off; d) all documents, manuals and accessories are in order and in their original position; e) all his personal effects have been recovered and have not been left in the vehicle. Failure to comply with this obligation will result in the application of a penalty. Before leaving the Vehicle, the User must ensure that the doors and windows are all correctly locked. At the end of each rental, the User receives a
notice with a summary of the use of the vehicle, such as: duration of the rental, kilometers traveled, total amount invoiced. In the event of an anomaly during the vehicle release procedure, or non-receipt of the above summary, the User shall immediately contact the Operator's customer service department.
The User is required to keep the vehicle used clean. The Operator reserves the right to charge a penalty to the last User of the Service, as expressly indicated in the Fee Schedule, for non-routine cleaning activities. Objects left in the vehicle must be reported to the Operator's customer service department by dialing +33 1 87 15 34 05. Customer service will then provide all the information necessary for their collection.

ART 9: DAMAGE AND ACCIDENTS The vehicle is returned in the same condition as when it was picked up. The User is required, at the start of the Service, to check the condition of the vehicle and to notify E+ Share App or by e-mail the existence of any damages, anomalies and/or defects, as indicated in article 4 hereof. In the absence of such notification, the User will not be able to rely on an alleged anteriority of the damage and will be deemed responsible for it. If at the time of the release of the vehicle damage, anomalies and/or defects are found on the said vehicle, the Operator will inform the User thereof by sending him photos and the corresponding expert's report by email asking him to present their observations. Unless the
User manages to demonstrate that the damage is due to reasons not attributable to him, the Operator will debit the amount of the repair from the bank card or prepaid card entered during the registration phase.
In the event of an accident while using the vehicle, theft or fire, the User is required to immediately call the Operator under the conditions of the “Declaration of claims” article.

ART 10: DECLARATION OF CLAIMS
10.1 In the event of an accident while using the vehicle, the User is required to immediately call the Operator's customer service describing the type of accident and the damage suffered by the vehicle, and indicating the exact address where it is located. In this case, if he does not need medical attention, the User will be asked to stay on site at least until the arrival of a representative and to complete all the necessary documents and forms as party involved in the accident (for example, the European accident report).
10.2 In this case, as well as in the event of theft, attempted theft or fire of the vehicle, the User must return to the Operator, within 48 hours of the occurrence of the incident (in accordance with the provisions of article L 113.2 of the Insurance Code), a detailed declaration
or an amicable report completed legibly and signed by both parties, as well as a photo of the vehicle and any report issued by the competent authorities. In addition, in the case of theft or attempted theft, a complaint to the competent territorial authorities must be established within 48 hours by the User. 

The aforementioned elements may be transmitted to the Operator by one of the following means: 1) by e-mail to contact.eshare@drivalia.fr; 2) by uploading the photos of the documents directly into E+ Share App via the specific function. In the event of non-compliance with these provisions, the Operator will apply the penalties indicated in the appendix "Pricing". In the absence of the intervention of the representative, except in the cases provided for above, the User will leave the first original page of the accident report in the glove compartment of the vehicle.
10.3 If the User uses inaccurate documents as proof, uses fraudulent means or makes inaccurate or incomplete declarations, the insurance guarantees will not be acquired. The User will be required to reimburse the insurer for the sums unduly paid by the latter. The insurer and
the Operator reserve the right to take legal action before the criminal courts.
If necessary, the User can always contact the Operator's customer service by calling +33 1 87 15 34 05 or by sending an e-mail to contact.eshare@drivalia.fr for further assistance and reports.

ART 11: INSURANCE
11.1 The Operator has taken out Motor Civil Liability (RCA) insurance covering bodily injury and material damage caused to third parties, in accordance with the legal provisions in force. The guarantee is granted without limit of amount for bodily injury, up to a maximum of €100,000 per claim for material and immaterial damage resulting from an accident, up to a maximum of €977,933 per claim for material and immaterial damage resulting from an fire, explosion, or pollution not resulting from an accident.
11.2 The following are never covered: damage and loss due to the direct or indirect effects of radioactivity or radiation by artificial acceleration of particles, fines, confiscation, sequestration, requisition, seizure, smuggling, trade prohibited or unlawful, the inherent defect of goods, road loss, worms and vermin, sanitary or disinfection measures, quarantine, fraudulent or intentional fault on the part of the insured.
Likewise, the following are never covered: damage and loss due to wetness by rain, snow or hail when they affect goods transported on an open vehicle without a waterproof protective cover of the appropriate size. Damage and loss suffered by dangerous goods when the various operations concerning their transport are not carried out in accordance with the laws and regulations in force. Damage and loss caused by these same goods to other goods transported. Damage caused when the User does not hold a valid driver's license, damage caused from
foreign or civil war, riots or popular movements, strikes or lockouts.
11.3 The User will be deprived of the guarantees of the Insurance taken out and will be liable for the total amount of the repairs or the market value, as determined by an expert, or the maximum replacement value of the vehicle in the following cases: any damage or mechanical damage occurring to following one of the following cases: driving without the required age or without valid certificates (driving licence), false identity and false information given on the Contract or the joint report, damage caused voluntarily or following an inexcusable fault, or as a result of gross negligence, any damage resulting from a poor assessment of the size of the rented vehicle: upper parts (all the elements located above the roof of the vehicle) and lower parts of the vehicle ( all elements located under the floor of the vehicle), any damage or mechanical damage resulting from the transport of a number of passengers greater than that authorized on the vehicle registration document, any damage or mechanical damage damage resulting from the transport of a load greater than that authorized on the vehicle registration document, any damage caused to the tyres, rims and hubcaps unless proven that they are not due to fault or negligence, damage to the interior of the vehicle, unless it can be proven that they are not the result of its fault or negligence, theft by an employee of the User, or an authorized driver, inability to return the original keys of the vehicle to the Operator after noting theft of it, loss caused by a civil war or a foreign war (article L121-8 of the Insurance Code), loss resulting from riots, popular movements or acts of terrorism and sabotage committed within the framework of concerted actions, fault relating to a serious violation of the Highway Code or an offense relating to driving, parking or the general use of the vehicle, attempted suicide. In the event of a natural disaster as defined by law, only the amount defined by ministerial decree will be invoiced to him.

ART 12: DEDUCTIBLE – APPLICATION FEES In the event of a claim, the User remains financially responsible for the damage up to the amounts (Deductibles) indicated in the appendix “Fee Schedule”. In the event of multiple responsible claims or claims without an identified third party, the User's financial liability will be calculated as follows: number of shocks observed multiplied by the amount of the maximum Deductible indicated in the "Pricing Schedule" appendix. In the event of a wrongful accident, a lump sum compensation corresponding to the amount of the maximum Excess indicated in the Contract will be invoiced even if the rented vehicle does not show any damage.
The amount invoiced to the User by the Operator will be systematically increased by the administrative costs as indicated in the appendix “Fee schedule”. The Operator is released from all liability in the event of theft or damage caused to the personal effects transported.

ART 13: INTERPRETATION - AMENDMENTS
13.1 If any provision of these Terms and Conditions is found to be void, illegal or unenforceable under applicable law, that provision shall be deemed not to form part of these Terms and Conditions. However, the rest of the provisions will remain applicable and in full effect.
13.2 These terms and conditions may be consulted by Users in the acceptance phase of the Contract and throughout its execution, and are published on the Operator's Website to ensure that they can be examined at any time. moment.
13.3 The Operator may, at any time, update and supplement or modify the general conditions as well as the Tariff Schedule by publication on the Website or by sending an e-mail to the address provided by the User when the registration phase.
The changes will take effect from the second month following that in which the Operator first announced them to the User in writing, provided that the laws or administrative measures do not require an earlier effective date. . In the event of disagreement, the User may withdraw from the Contract without penalty, by sending an e-mail to contact.eshare@drivalia.fr, which must reach the Operator within 30 (thirty) days from the date receipt of the Operator's notification. In this case, the withdrawal takes effect at midnight of the day preceding that on which the modifications should have entered into force.

ART 14: USER'S RESPONSIBILITY Serious breaches, the occurrence of which may cause the Operator to terminate the Contract immediately, without prejudice to claims for compensation for any damage inflicted on the vehicle, constitute in particular: a) the User proves be under the age of 21 and/or not hold a driving license or, where required, a copy of the international driving license or a sworn translation of the driving license and/or not be holder of a driving license for at least one year; b) the User who does not notify the Operator of the suspension, withdrawal, cancellation, etc. driving license and/or international driving permit; c) the use of documents and accreditations that are falsified or not attributable to the User, when registering for the Service and/or when booking and renting vehicles, including the indication of promotional codes / special arrangements without being entitled to them; d) multiple reservation of one or more vehicles without starting the rental; e) non-compliance by the User with one of the obligations related to the conditions of use of the vehicles provided for herein; f) the absence or delay in payment of amounts arising from the use of the Service at the end of or during a rental; g) the release of the rented vehicle in an area without GPS coverage or outside the coverage area of the city where the rental started; h) the User commits acts of vandalism with the vehicles; i) the User, despite a written formal notice, does not renounce to seriously
violate the Contract or does not quickly remedy the consequences resulting from these breaches; j) if it is determined that the User has driven under the influence of alcohol or drugs, in a state of unconsciousness, in abnormal psychophysical conditions; l) the User, despite the
Operator's request, fails to return a vehicle; m) in the event of non-payment of the penalties provided for in the Tariff Schedule and applied by the Operator; n) the rented vehicle is driven by a party other than the User who entered into the rental; o) complicity or fraudulent or intentional perpetration of theft, robbery and/or vandalism on the vehicle by the User; p) the parking of the vehicle by the User in locations other than those specifically authorized; q) the release of the vehicle by the User in incorrect conditions, r) the illegal transport of goods (contraband, drugs, etc.); s) the transport of passengers against express or tacit compensation; t) the use of the vehicle for illegal purposes, for speed races or road tests or competitions of any kind; u) subletting to third parties for any reason. In the event of damage inflicted on the vehicle due to fraud, gross negligence or lack of diligence on the part of the User, the latter will be liable to the Operator for the total value of the repairs, within the limit of the Replacement of the vehicle, as indicated in the appendix "Fee schedule". In this case, the Operator will present the User with the appropriate supporting documents.

ART 15: LIABILITY OF THE OPERATOR Except in cases of fraud and gross negligence, the Operator shall not be held liable for direct or indirect damages of any kind that the User or third parties may suffer in any way whatsoever due to the Service, or changes in schedules, conditions for providing the Service or the suspension, interruption or unavailability of the Service due to the condition of the vehicles, technological equipment, computer systems and other reasons attributable to the Operator's suppliers and third parties in general. In addition, the Operator shall not be liable for the total or partial non-performance of its obligation due to force majeure, including, but not limited to, acts of the State and Government, acts of Public Authorities, legal limitations, fires, floods, explosions, mobilizations, disturbances, strikes, demonstrations, labor disputes, lack of raw materials, lack of electricity, interruption telephone lines, lack of fuel and others. In any case, the User expressly exonerates the Operator from any liability for any damage of any kind whatsoever suffered by the User and/or third parties in connection with the performance of the Contract and not arising from fraud or gross negligence on the part of the Operator.
Without prejudice to the liability of the vehicle manufacturer, the Operator will carry out all routine maintenance activities so as to deliver the vehicle in good working order.

ART 16: TERMINATION
16.1 The Operator may unilaterally terminate the Contract, without notice, in the event of a serious breach by the User of these general conditions, without prejudice to damages and/or penalties which may be claimed for use of the Service. . Termination is notified to the User by email and takes effect immediately.
16.2 The termination of this Agreement will result in the loss of User status and the deactivation of the PIN code, with the automatic termination of any service attached to or linked to the Service.

ART 17: TRANSFER OF THE CONTRACT The User hereby gives his consent for the Operator to transfer his contract to another company of the CA Auto Bank group, which transfer will be promptly notified to him.

ART 18: JURISDICTION - APPLICABLE LAW By express agreement and subject to the mandatory legislation in force, the Commercial Court on which the Operator's registered office depends will have sole jurisdiction to recognize any dispute relating to this Contract. The Operator may, however, waive the benefit of this jurisdiction clause which is stipulated in its favour. In this case, the disputes will be brought before the courts with territorial jurisdiction according to common law.

In accordance with Ordinance No. 2015-1033 of August 20, 2015, its implementing decree No. 2015-1382 of October 30, 2015, Articles L.611 to L.616 and R612 to R616 of the Consumer Code, the customer consumer, subject to article L.152-2 of the consumer code, has the
right to submit a request for amicable resolution by way of mediation, within a period of less than one year from the date of his written complaint to the professional.

The Operator has designated SAS Médiation Solution as the consumer mediation entity, by signing an agreement registered under number CS000594/1912. To contact the mediator, the consumer must make his request:
- Either in writing to: Mrs Eliane SIMON, mediator Sas Mediation Solution 222 chemin de la bergerie 01800 Saint Jean de Niost Tel. 04 82
53 93 06 Or by email to: contact.eshare@drivalia.fr
- Or by completing the online form entitled "Seize the mediator" on the site https://www.sasmediationsolution-conso.fr

ART 19: PROCESSING OF PERSONAL DATA
The Operator implements the processing of personal data. Indeed, during the conclusion of the Contract, as well as during its execution, the Operator collects personal data relating to the User, and in particular:
• Identification data: first name, last name, postal address, telephone number, e-mail address;
• Data related to personal life: identity document, driving licence;
• Bank data
• Technological data: IP address, device identifier, browser type, operating system, portable device identifiers, geolocation data, web pages visited.

The processing of personal data thus implemented has the following purposes:
• Concluding, managing and performing the services contained in the contract and, where applicable, assigning said Contract,
• Allow the exercise of remedies and manage complaints,
• Conduct research and development actions,
• Comply with its legal and regulatory obligations,
• Carry out commercial prospecting actions.

All of the provisions relating to the protection of personal data can be consulted on the Drivalia France website at the following address: www.drivalia.fr/protection-des-donnees 

The User has a right of access to data concerning him, rectification, interrogation, limitation, portability and erasure. The User also has a right of opposition, for reasons relating to his particular situation, to the processing of personal data having as a legal basis the legitimate
interest of the Lessor, as well as a right of opposition commercial prospecting. The User may exercise his rights with the Data Protection Officer at the following address:

Madame Alizée ZINKHAN,
Déléguée à la protection des données
DRIVALIA France
Bâtiment B La Licorne
540, allée des hêtres
69760 LIMONEST

The User has the right to lodge a complaint with the CNIL