General Contract Conditions
1. Definition of the parties
1.1 This services supply contract is stipulated by Paolo della Santa, with legal office in via Fabio Filzi n°51, Pisa (Italy), found at the URL http://www.passenger-care.com
and
The user as underwriter of the present contract or adhesion form , hereafter simply named "User".
2. Service access procedure
2.1 In order to make use of the services, among those made available by the supplier, the User must first read the privacy notice and this contract, register by providing their own personal, fiscal data as well as all other data indicated as obligatory in the collection forum of the data itself. After completing the registration procedure, the User will receive an email at the address provided containing the useful information for achieving access their "reserved area". Within the reserved area they will able to receive information related to the status of their case.
2.2 Username and password assigned at the moment of the service registration are personal and they cannot be transferred. The User is liable to holding them with the maximum diligence and to keeping them private in order to prevent their use by unauthorized third parties.
2.3 The User promises to notify Paolo della Santa immediately and in writing, as to any non-authorized username and password use by third parties.
2.4 The above being understood, the User will be responsible for any use, made by third parties, authorized or not authorized, of the above-mentioned passwords and usernames, as well as of any damage caused to Paolo della Santa and/or third parties, due to the non-observance of the afore-said, and promises, from hereon, to indemnify Paolo della Santa from every and any request, even for compensation of damages, deriving directly or indirectly, from the above-mentioned use or abuse.
3. Service description
3.1 The service consists of the attribution, by the User to Paolo Della Santa, of the power to manage, in the name and on behalf of the user himself, the procedure of ticket (aerial/naval) reimbursement under pecuniary form or other benefit to agree with the aerial/naval company. The service provided will represent an obligation of means and not of result.
4. User obligations, prohibitions and liabilities
4.1 The supplier is not responsible in any way for damages caused directly or indirectly by supplied services
4.2 The User declares, by using the service, to have provided true and correct information.
4.3 The User agrees to relieve the supplier of any responsibility in case of charges, legal actions, governmental or administrative actions, losses or damages (included legal expenses and fees) derived from the illegal use of the services, or as a result of insufficient, false or inexact information supplied by the user. If one or more of these hypotheses takes place, the supplier may interrupt the service without warning and the User will not have the right to demand any compensation for such interruption.
4.4 The User makes uses of the services provided by the supplier assuming every responsibility for his actions.
5. Supplier responsibility limitation
5.1 In no case, neither the supplier nor anyone else who has had part in the creation, the production or the supply of the supplier services will be considered responsible for any direct or indirect, inherent, special or consequent damage of any kind, both contractual and extra- contractual, deriving from the activation and the employment of the supplier services. The effective dispositions of this article remain valid even after the cessation of the duration of this contract, due to expirations of terms, resolutions or recess of the same.
5.2 In no case will the supplier be considered responsible for the malfunctioning of the services deriving from responsibility of the telephone electrical lines, and of world-wide and national networks, such as breakdowns, overloads, interruptions, etc.
5.3 No compensation for damages can be requested from the supplier for direct and/or indirect damages caused by the use or lack of use of the services.
5.4 The supplier promises to pay back the price of the service, minus 5% (as an expense supported for the handling of the case), should he not obtain any kind of reimbursement from the aerial/naval company in favour of the User.
5.5 The burden of proof, with regard to not obtaining of any kind of reimbursement from the aerial/naval company, is incumbent on the User. In case the aforesaid proof is not provided by the User, the reimbursement will be as if carried out.
5.6 The restitution of the service cost in any case will be considered as no longer obtainable, when the 90 day term from the subscription of this contract is exceeded, therefore the burden will be on the User, should the extremes be started, to present a request for restitution by e-mail to the site http://www.passenger-care.com
5.7 The supplier will not be considered responsible for non-fulfilments of his own obligations that derive from causes outside of the field or circumstances beyond his control.
5.8 The User is obligated to keeping undamaged from all losses, damages, responsibilities, costs, burdens and expenses therein, including possible legal expenses which could be endured or supported by the supplier by virtue of any consequence of whatever non-fulfilment to the obligations assumed and guarantees provided by the User with the subscription of the this contract or adhesion form, even in case of compensation for damages demanded from third-parties at any title.
5.9 The User is aware that the supplier does not provide any guarantee of the fact that the service adapts itself perfectly to particular purposes. Moreover, for the specific structure of Internet, in which a lot of entities are involved, no guarantee can be given with regard to the constant usability of the service. In this sense the user agrees to not consider the supplier responsible in case of losses or damages of any kind, deriving from the loss of data, the impossibility of access to Internet, from the impossibility of information transmission or reception, caused from, or deriving from, delays, cancelled transmissions or interruptions of the service.
6. Acts of God, catastrophic events and fortuitous case
6.1 Neither of the two parties are responsible breakdowns due to cases of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes or any other unforeseeable and exceptional cause that prevents the supply the agreed service.
7. Payment and lacked payment
7.1 The payment of the amount due by the User (the rates present on URL http://www.passenger-care.com are subject to changes) will always occur in advance of the service fruition, and by bank transfer, credit card, pay-pal or any other agreed-to payment method.
7.2 The supplier commits to promptly supply his services only when he receives a regular proof of the payment by the Supplier by e-mail. fax or Internet (according to the various modalities of payment).
7.3 In case of missing payment by the User the service will not be supplied.
8. Supplier Obligations
8.1 The supplier commits to maintaining, as much as possible, the efficiency of the offered service. In case the supplier is forced to interrupt the service for exceptional events or for maintenance, the supplier himself will try to contain the interruption and/or malfunction times as short as possible. The supplier will define the appropriate service access procedures and he reserves the right to improve them at any time, in order to increase their efficiency.
9. Applicable Law
9.1 The parties agree that the law applicable to this contract is that of the Italian Republic.
10. Court of jurisdiction
10.1 For any controversy arising or deriving from the application of the present contract, the parties conventionally derogate the competence in favour of the court of jurisdiction of Pisa.
10.2 On-line clause of conciliation. In case of controversies deriving from present contract, or related to them, the parties promise to try to reach a fair and good-natured agreement. With regard to this the same can, by common consent, devolve the solution of every controversy, related to the present contract, or related to them, by remitting the relative solution to the conciliation agency "Resolve on-line" at the Arbitration Court of Milan (www.camera-arbitrale.com). In case the controversy has not been resolved peacefully or through the mediation of the conciliation agency "Resolve online", and anyway within six months from the date of its beginning, the same will be brought to the exclusive cognition of court of jurisdiction of Pisa.