Terms of Use - Auting

Terms of Use

READ THE CURRENT CONDITIONS FOR USING THIS PLATFORM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS ARISING FROM SUCH USE.

THE TERMS OF USE OF THE PLATFORM INCLUDE DIFFERENT LIMITATIONS AND EXCLUSIONS, AS WELL AS OBLIGATIONS RELATING TO APPLICABLE LAW AND REGULATIONS.

The current version was published on November 9, 2017.

The current version came into effect on October 23, 2020.

Definitions

“Car”, “Machine”, “Passenger car”: means a car without a driver, weighing less than 3, 5 T, with 4 wheels, which can carry a maximum of 9 people and less than 13 cubic meters of total volume. Motorhomes are not accepted.

“Announcement”: means an announcement of a car or several cars that is posted by an Owner as available for booking through the Website, its applications and its services.

“Telematic Box”: refers to the device that auting can install in some vehicles published on the platform, which allows the locking and unlocking of the vehicle doors, starting and stopping the engine and records some information relating to the vehicle at the time of check-in and check-out (including, but not limited to mileage, fuel level, location of the Car).

“Member”: indicates users who are registered on the Site, its applications, use of the IT platform and have accepted the terms of use that follow and precede.

“Owner”: natural or legal person who would like to share his car with other citizens to receive, for the temporary shared use of the same, a reimbursement of the KILOMETRIC of his car as a sharing of expenses, TO BE CALCULATED ON THE BASIS OF THE REFERENCE TABLES ACI PUBLISHED RATIONE TEMPORIS IN THE OFFICIAL JOURNAL OF THE ITALIAN REPUBLIC,

“Owner using Auting Connect”: refers to an Owner who wishes to share a vehicle using Auting Connect technology.

“Driver”: an individual who would like to use a car for a short period of time as the main driver under shared use of the car.

“Driver using Auting Connect”: refers to a Driver who wishes to use a vehicle in which Auting Connect technology is installed.

“User”: means a natural or legal person who uses the website, the IT platform and its applications.

“Vehicle using Auting Connect technology”: vehicle equipped with a Telematic Box that allows the operation of Auting Connect technology.

“auting”, “we”, or “our”: Yago Srl, with capital € 68,320.00 which is the sole owner of the IT platform, its sources and the programs that constitute its source and development, the applications and models of utility and operational systems, as well as the business model, from which said platform, the sources, applications and utility models have been developed.

“Auting Connect technology”: refers to the technology that allows the sharing of the vehicle between the Owner and the Driver without the physical exchange of the vehicle keys. This technology only works thanks to the installation of the Telematic Box in the vehicle, which the Owner agrees to and the Driver declares to consciously accept during the period of use.

1.

Auting platform makes available on the web an online platform intended to be used voluntarily by users who so wish, which has the purpose of facilitating contact, for the shared use of the car, between Owner and Driver. This opportunity is facilitated by the website called “auting”, which is accessible via the address www.auting.it.

The Owners, Drivers, and more generally all entities that use the website, the platform, its applications or its utilities are designated as “users”. Users and autings are collectively referred to as “the parties”. The “user area” refers to the reserved area of the website reserved for each user after subscribing to the Site and accepting these Terms of Use (hereinafter the “TOU”). it is accessible through the link with the identification codes, pursuant to clause 4.2 of these ToU.

2. Contractual documents

The purpose of these “TOU” is to define the terms and conditions through which users access the site and use the site’s utilities.

The “TOUs” do not regulate the relationships between Owners and Drivers, nor, under any profile, neither substantial nor contractual, the shared use contract of the car (hereinafter referred to only as “shared use contract”, for the sake of simplicity exhibition) that the Owners and Drivers can stipulate, which is a direct contract between the parties and which creates the contractual relationship exclusively between them. auting, therefore, is not part of the shared use contract stipulated between the Owner and the Driver.

auting only makes available to those who want to use it an IT platform that facilitates the search and offer of shared use of cars between individuals and, therefore, has no other purpose than to facilitate the connection between Users for the use of the car, sharing the costs.

The User declares to have received, before accessing and using the platform utilities, all the necessary information and technical characteristics.

The user can use the system utilities only if he is aware of and accepts the “TOU” when registering on the Site.

3. Modifications

auting reserves the right, at its discretion, at any time and without notice, to modify the Website, the application or the utilities of the system or to modify these “TOU”, including the economic conditions of use of the platform.

In the event of changes and additions to the current “TOU”, the amendment will be published on the website, by sending communication via e-mail to all Users. The “last update date” at the top of the “TOU” will also be updated.

If Members do not object to the revised version of the “TOU” within 30 days of receiving the change notification, the revised version of the “TOU” will be considered valid. Members will be informed by notification of change about their right to object within the term of 30 days. If the Members object, the auting right remains to immediately terminate the contract and withdraw from the “TOU”, as well as to cease and interrupt the contractual relationship with users or only part of them.

The “TOUs” accessible on the Site replace all previous versions.

4. Conditions for access to the platform

4.1. Registration on the site and access to the platform

The platform is accessible only to, and must be used only by Users registered on the Site. In order to be able to register on the Site and access the platform, users must meet the following conditions, to be considered cumulative with each other and which, therefore, must all coexist for the purposes of the possibility for users to access the platform and its utilities:

The Owner self-certifies, under his own civil and criminal responsibility and with the effects the consequences that such self-certification entails, by agreeing the parties to analogically extend, to this self-certification, the civil and criminal effects, if applicable, to those provided for and punished by article 47 of Presidential Decree 28.12.2000 nr. 445, of:

Register on the Site under your real identity and have provided your real and current address of residence;
Provide truthful, exact, complete and up-to-date information, understanding that the information entered on these pages is the reference information for Reale Mutua temporary insurance;
The identity of the Driver and Owner, the description of the Car, the start and end dates, and booking times must match the information provided by the Users on the site;
Be at least 21 years of age or older;
Only share cars in relation to which ownership remains;

Self-certifies and declares to have in mind and accept that:

In addition to the temporary insurance of Reale Mutua, the car is covered by an annual RCA insurance policy with free driving and that the car has no insurance limitations to be driven by third parties who have reached 21 years of age;
He is aware of the circumstance that the car is protected, as regards the temporary additional policy of Reale Mutua Assicurazioni, for a maximum of € 20,000 for damages, and € 300 for the increase in the RC malus, with a deductible of € 500.00 for damages and theft. For complete details, you declare that you have already read and approved the conditions referred to on the Insurance page and the terms of the contract;
Only share cars registered in Italy and compliant with current Italian traffic regulations;
Temporary use can only be shared of cars that comply with the insurance conditions set out in the Reale Mutua Assicurazioni temporary policy;
The temporary use can be shared only of cars that comply with the legal requirements and regulations, whose maintenance recommended by the manufacturer has been completed and whose safety equipment is, to its knowledge, in excellent condition, especially tires, brakes, headlights and stop lights, steering, seat belts, as well as the presence of all safety equipment required in Italy;
The temporary use can be shared only of cars that have passed the revisions required by law;
Temporary use can only be shared of cars that are not leased, except in cases where specific authorization from the leasing company exists.

Furthermore, he declares and self-certifies that:

He has provided a telephone number at which he can be reached;
He has not created more than one User Area on the Site;
Has a valid means of payment;
It is aware that the total price of shared use and ancillary costs must be paid through the website. Otherwise, the car will not be covered by temporary insurance;
is aware that only short-term shares are insured. Hence, no booking should ever exceed 30 days. Furthermore, 3 consecutive shares cannot be shared with the same Driver within 30 days;
is aware that any extension of the booking period must be made on the site. Otherwise, the car will not be covered by temporary insurance. If the Driver is late in returning the Car, the Driver must absolutely extend the booking period on the website or, if this is not possible, contact the auting customer service;
The car weighs less than 3.5 tons, is equipped with four wheels (two or three-wheeled vehicles are not accepted), and can carry less than 9 people including the driver (buses are not accepted);
The car has been registered for less than 15 years;

Furthermore and without prejudice to the obligations and conditions mentioned above, the Vehicle offered by the Owner at the time of registration with the Auting Connect technology, defined in art. 6.7 must meet the following additional conditions:

Be made available for sharing in a car park with free access for the Driver; this excludes private car parks with badge or key access;
Be made available for sharing in an area with reliable internet coverage; this excludes underground parking;
The Owner using Auting Connect must always have a set of duplicate keys.
If requested by auting, the Owner must take care of the maintenance of some aspects of the Telematic Box (for example: turning on the car to recharge the battery of the Telematic Box).

The Driver self-certifies under his own civil and criminal responsibility and with the effects and consequences that this self-certification carries out, agreeing the parties to analogically extend, to this self-certification, the civil and criminal effects, if applicable, to those provided for and punished by the article 47 of Presidential Decree 28.12.2000 no. 445, of:

Register on the Site under your real identity and have provided your real and current address of residence;
Understand that the information entered on these pages are those of reference for the Reale Mutua temporary insurance;
Be at least 21 years of age or older;
Have a valid driving license in Italy, obtained for at least 3 years. In addition to Italian driving licenses, driving licenses from Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Iceland, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland are valid. , Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Hungary, as well as the international driving license, if duly obtained and valid in accordance with international conventions and treaties;
Understand that you must be responsible during the trip, and be aware of the risk, in the event of damage caused to the vehicle during the period of use, to undertake to pay up to a maximum of € 500 deductible, in the event of an accident with fault, damages to the vehicle occurred during the trip and theft;
have a valid means of payment for the reservation;
understand and agree to auting to charge the method of payment in the event of any fines relating to infringements committed during the trip even if subsequently notified.
be responsible for fines relating to offenses received during the trip even if subsequently notified.
Have provided a telephone number at which he can be reached;
Have not created more than one User Area on the Site.
Not having been in default, even in the past, with respect to the payment obligations referred to in the “TOU” (or a previous version of the “TOU”);
Not having committed, with a machine in use on the website, a traffic violation that constitutes a criminal act;
Not having been found guilty of committing a car accident in the past two years;
Not having had a driving license revoked in the past two years;
Not having refused motor insurance in the past three years;
Have accepted these “TOU”.

Further agreements:

A machine cannot be used on the website between two members of direct kinship (parents, grandparents, children, brothers and sisters, grandchildren, etc.) or between two members who are part of the same family.
If the user communicates false information, auting can immediately and without notice suspend or cancel the “TOU”. If the User provides incorrect information, the User may lose the benefit of the insurance coverage pursuant to clause 6.5. The User undertakes to provide all the supporting evidence required by auting, at the first auting request. The User must also update his information regularly.
auting reserves the right to accept or reject, at its sole discretion, any registration on the Site and to suspend and / or cancel the member area of a user who does not adhere to these “TOU”.

4.2. Confidentiality of identification codes

When subscribing to the Site, the user creates a connection ID (which corresponds to their e-mail address) and an associated password (from now on the identification “Codes”). Identification Codes are personal, confidential, non-transferable and non-transferable.

The user must keep the Identification Codes confidential and not disclose them in any way. If the User Identification Codes are lost and / or disseminated, the User must immediately inform auting. auting must therefore proceed to cancel and / or update the Identification Code immediately.

The User is fully responsible for the use made of his or her identification codes, even if lost, used by third parties and / or disseminated, until the user has actually communicated the loss to auting.

5. Availability of the Site and the Platform

The user must access the website via the public URL www.auting.it. In order to access the platform, the User must connect to the site and enter his or her identification codes.

The site and platform are accessible 24 hours a day, 7 days a week, except:

for major cause;
for the occurrence of an event beyond auting’s control;
for maintenance interventions for the updates necessary for the correct functioning of the Site and for the usability of the platform.

The user is fully aware that the website and the use of the platform can be suspended at any time, without notice and without any right to request damages, to carry out maintenance and updates. auting is not, under any circumstances, responsible for unsuccessful use in the event of inaccessibility to the Website or a part of the website, even when such inaccessibility results from the auting activity on the site.

If a malfunction or anomaly hinders the correct functioning of the website or the usability of the platform and its applications, auting will have to take the necessary steps to re-establish the website and / or the Service as soon as possible. Customer assistance for the use of the Site and the platform is available via e-mail, telephone number, or Facebook chat. Any problem relating to the Internet connection or to the User’s computer equipment is not covered by customer assistance.

6. How the website and the platform work

The website and the auting platform include, indivisibly, the possibility of proceeding with:

6.1: the publication of advertisements for Cars in use for the benefit of the Owner;

6.3: facilitate contact between an Owner and a Driver;

6.4: the applications of the platform for requesting Assistance before, during and after the trip;

6.5: take advantage of the contractual benefits provided for by the insurance agreement, agreed by auting with Reale Mutua Assicurazioni but with direct stipulation and subscription by users for the benefit of both the Owner and the Driver.

6.1. Publication of Announcements

As a User of the platform, and therefore with the requirements of paragraph 4.1, it is possible to create announcements of cars. To create an Ad, you are asked to answer questions about the vehicle including, in particular, its location, age, characteristics, availability, price and related conditions. Advertisements are made public through the Website. Other Users may book the Car through the Website, based on the information in the Listing.

Cars eligible for Announcements must meet all of the following requirements:

the car weighs less than 3.5T;
the car is equipped with four wheels (two or three-wheeled vehicles are not accepted);
the car can carry less than 9 people including the driver (buses are not accepted);
the car is registered in the country where it is proposed for use;
the car registered for less than 15 years;
the car is covered by a civil liability insurance (RCA policy) with free driving, i.e. the car must not have insurance limitations to be driven by citizens over 21 and with legal limits.
the car must be owned by the Owner;
the car cannot be leased, except for the cases specified in paragraph 4.1.
the car must comply with and have the requisites necessary for circulation according to current legal regulations, whose maintenance recommended by the manufacturer has been completed and whose safety equipment is, to its knowledge, in excellent condition, in particular tires , brakes, headlights and stop lights, steering, seat belts, as well as the presence of all safety equipment required in Italy;
the car has passed the inspections required by law.

You acknowledge your responsibility for the cars you post. Therefore, he represents and warrants that any Announcements he posts do not violate any agreements he may have entered into with a third party. auting cannot be held responsible for violation of agreements between the Driver and a third party, in violation of other obligations owed by the Driver to third parties or for a violation of applicable laws, rules and regulations caused by the publication or sharing of the Car.

auting reserves the right, at any time and without notice, to revoke or cancel access to any Listing for any reason, including for listings that auting, in its sole discretion, deems objectionable for any reason, such as not to be in agreement with these “TOU”, or as harmful to the Website, application or platform.

auting provides the Owner with some tools in order to help make reasoned decisions about users who wish to use the published car. The user acknowledges and accepts that, as the Owner, the user is responsible for his / her own actions and omissions.

auting provides the Owner with some tools in order to help make reasoned decisions about how much the reimbursement should be for the published Car. You acknowledge and agree that auting does not make the choice of the refund to which the Car is posted, and that you are responsible for the choice of such refund.

auting reserves the right to remove a profile, especially if the Listing has an excessively low price. The minimum refunds are regulated in accordance with article 7 below.

6.2. Absence of

auting approval does not act as a guarantor for any User or car. The current “TOUs” state that the user must provide accurate information and, although auting may undertake additional verification and procedures in order to verify or check the identities or “track record” of users, auting must not make any representations, confirmation, or approval regarding the users themselves, their identities, or their past “track record”. When using the website, application or its utility models, you agree that any desired legal remedy or liability, as a result of acts or omissions of other users or third parties, will be limited to complaints against Users or third parties, to be carried out exclusively on the basis of the methods and procedure expressly provided for in the following articles. Users are aware, by accepting said agreement with the publication of the announcement, that auting cannot be considered an intermediary of goods and / or services and that every legal action can and must have the exclusive subjects Owner, Driver and any responsible subjects based on the road traffic regulations.

The user expressly accepts this condition and expressly declares and accepts, with the publication of your announcement, to renounce, now by then, to take legal action against auting for reasons relating to the contract stipulated between users or for their responsibility – or third parties – in relation to any damage to vehicles, due to causes deriving from their use and / or road traffic.

6.3. Contact between Owner and Driver

The Driver accesses advertisements published by the various Owners directly on the site through the search tools made available.

Once the Driver has identified the suitable car he can make a reservation request to the Owner of that Car. The Driver can proceed with a booking request only if he is registered and has logged in to the site.

The Owner is informed by e-mail of the reservation of his car. He decides, at his discretion, whether to accept or reject the reservation, and has a maximum of 168 hours to respond to a reservation request, then the request will expire.

If the Owner accepts the reservation, the reservation is confirmed to the Driver, who can proceed with the payment of the refund. The reservation is confirmed when the payment is made and the Owner has received the confirmation by e-mail;
If the Owner refuses the booking, the Driver is notified by e-mail and the payment is not charged.

The Driver makes an advance payment with his means of payment via the website. Payment must be made from the Website, under penalty of cancellation of the TDS, activation of insurance coverage and booking. At the time of payment, the amount charged to the Driver is transferred to a temporary account until the booking is completed, i.e. 4 working days after the end of the trip or after the resolution of a possible problem by the customer service of auting, who will act as sole arbitrator, on the basis of the provisions and in any case of the ethical and regulatory code provided for in article 7.11. Subsequently, the fees are transferred to the Owner or reimbursements to the Driver.

The payment gateway is GestPay di Banca Sella and auting currently accepts only Visa and Mastercard credit cards as payment methods. Prepaid cards are not allowed. GestPay is an external auting computer system, and securely manages the payment made by the Driver.

Auting reserves the right to cancel reservations and cancel payments made with prepaid cards or debit cards within 24 hours following payment.

auting does not hold the data necessary for the Driver to pay. Consult the website https://www.gestpay.it to view the GestPay terms of use.

auting is not responsible for any problems connected to said payment system, therefore any action, possibly deriving from the payment flow manager (Gestpay), can be exercised exclusively against the same or those responsible for the problems.

We reserve the right to cancel or reverse transactions made by credit cards not covered by the 3dsecure Visa Verified and Mastercard SecureCode protocols. The committed money will be returned to the Driver when the BancaSella Fraud Prevention Office provides auting with further information on the transaction.

The Driver can contact the Owner in order to request further information through the messaging system inside the Site.

6.4 Travel

Once the Owner and Driver have made contact through the platform, it will be their sole responsibility and responsibility to carry out the mutual checks necessary for time of the meeting agreed for the collection of vehicle and keys, including:

Verify mutual identity;
Check the validity of the driving license (for example the expiry date and the number of driving license points) and that it is valid in Italy;
Check the condition of the in all its parts including the underbody, the petrol level, which must be at “full” level both at the time of delivery and return of the vehicle, and the number of initial kilometers;
Take photos of the vehicle in all its parts including the underbody, which will provide evidence for any dispute at the end of the trip.

On the Website, once you have paid for the reservation by going into the details of the trip, you can download the Checklist, to help you in this process. The owner is required to use this tool, and to take photos of the vehicle, which will provide evidence for any dispute at the end of the trip.

Exclusively in case of use of Auting Connect technology, auting will check the validity of the driving license and its validity in Italy instead of the Owner.

If the Driver books a car with Auting Connect technology, to start the journey he must use only and exclusively the procedure via the App.

The procedure allows you to:

Check the condition of the car, the petrol level (preferably at “full” level) both at the time of delivery and return of the vehicle, the number of initial kilometers;
Take photos of the vehicle at the beginning and end of the trip, which will provide evidence for any dispute at the end of the trip.

As described in Article 6.7, the Owner undertakes to immediately inform auting if he has information on a potential Driver who does not comply with the conditions contained in Article 6.8. Furthermore, in this case the Owner will not have to proceed with the trip.

The Owner who does not make this report will be responsible for any damage to the car or extra expenses made by the Driver during the booking and resulting from the failure to verify the conditions listed in Article 6.8.

With the exception of travel related to cars using Auting Connect technology, users agree with the approval of these TOU declare that they are aware and approve that auting does not conduct any of the above checks and verifications. Each user is entirely and exclusively responsible for these checks and verifications. The Owner may be represented by third parties duly authorized to conduct such checks.

If the Driver wishes to extend the trip, he can request it from the Owner via the appropriate function on the website. The extension will be confirmed if the Owner agrees and when the payment of the additional days is made via the website. Use a vehicle at the beyond the initial booking period without the extension being confirmed is a violation of the terms of insurance.

In case of need for roadside assistance, the Driver must contact the Blue Assistance Operations Center, which operates 24 hours a day every day of the year, by calling 800 909664, and communicating the policy code number 2019/10/3193909 and the type of assistance request.

At the end of the trip, and outside of the “Auting Connect” cases, Driver and Owner must check the status of the vehicle, take any photos of the vehicle, and then fill in the Checklist. Owner and Driver are required to keep the Checklist and photos because they will be the documents with which any disputes will be resolved by the customer service, who will be, in the natural person who identifies him and who is indicated in the rest of these TOU, sole arbitrator of any disputes. by virtue of clause 7.11 below.

After the vehicle is returned to the Owner, users have the opportunity to rate each other on the website. auting is not responsible for User comments. auting however reserves the right to remove any comment left by a user if it violates applicable laws, is not compliant with these Terms or defamatory of another user.

If the Owner does not show up at the end of the journey to return the vehicle, the Owner allows the Driver to park the car in a free stall, close all the car doors and take the vehicle key with him.

The Driver will be required to return or send the keys to the Owner within the following 12 hours, with shipping costs charged to the latter.

In case of failure to return the keys, the Driver may be charged the amount of 500 € on the payment method used during the booking process.

It is not possible for the Driver to drive the car booked on Auting outside the Italian territory.

6.5. Insurance policy

When paying for the booking on the website, users subscribe directly and personally with Reale Mutua Assicurazioni an insurance policy under which they benefit from temporary insurance coverage for the booking period, which is compatible with Italian insurance laws. . The policy provides coverage for damage, theft, liability malus coverage, roadside assistance, with the maximum amounts and deductibles indicated below. If through his actions a User causes the temporary insurance coverage to be canceled, he accepts the fact that he will be held responsible for any costs incurred and all the consequences of his actions or omissions.

Temporary insurance coverage begins when the Driver takes delivery of the vehicle (the date and time indicated on the booking, which serves as proof), and ends when the Driver returns the vehicle to the Owner (the date and time indicated in the reservation). If the trip lasts longer than expected, it is mandatory to extend the booking through the appropriate function of the website.

The insurance is automatically activated by the Driver and the Owner without further formalities when the booking is paid, provided that they are the following conditions are met.

The identity of the Driver and the Owner, the description of the vehicle, the start and end dates, and booking times must correspond to the information provided by the Users on the site;
The total reimbursement for shared use must be paid through the website. Otherwise, the car will not be covered by temporary insurance;
Only short-term shares are insured. Hence, no booking should ever exceed 30 days. Furthermore, 3 consecutive shares cannot be made to the same Driver within 30 days;
In addition to the insurances offered by the auting insurance partners, the vehicle must be covered by an annual RCA insurance policy with free driving, with the minimum limits established by the law and without deductibles;
Any extension of the booking period must be made on the site. Otherwise, the car will not be covered by temporary insurance. If the Driver is late in returning the vehicle, the Driver must absolutely extend the booking period on the website, or if this is not possible, contact the auting customer service, which has been set up and is made available only and exclusively to provide clarifications during the contract between users and to prevent and resolve any disputes between the users themselves;
The vehicle must be in compliance with the laws and regulations; the maintenance recommended by the manufacturer must have been performed, and to the knowledge of the Owner all safety equipment must be in good condition.

Failure to comply with these conditions will result in the automatic forfeiture of the insurance coverage, with consequent exclusive personal responsibility of the users.

To be able to benefit from full temporary insurance coverage, the Owner must absolutely report any damage to auting within 24 hours of the damage occurring. Any claims received after this deadline will not be eligible for full insurance coverage.

In the event of vehicle warning lights coming on during the journey, the Driver must immediately stop the car and request roadside assistance.

In the event of damage or a road accident or theft of the vehicle, the Driver must request roadside assistance immediately inform auting by sending the report via the appropriate section in the travel details of the website, and by calling the auting customer service. If any individuals are injured or if the matter poses a risk, law enforcement should be notified immediately. In any case, the Driver has a maximum of five working days from the date of the accident to report the damage to auting through the appropriate section in the travel detail of the website.

Details of the insurance coverage and the conditions of this coverage are accessible on the site web and applications a www.auting.it/assurance. Below is an extract of the temporary coverages.

Damages and Theft – Reale Mutua Assicurazioni

Policy Formula: The guarantees are provided in the form of “absolute first risk” up to the maximum amount for each claim of Euro 20,000.00 with a deductible of Euro 500.00, for private cars / trucks registered in the name of natural and legal persons who they are regularly registered on the Auting platform, with registration not exceeding 15 years with respect to the time of publication of the vehicle on the platform. The vehicles of professional operators of long and / or short-term rental of vehicles in the name of the Dealers are expressly excluded. The insurance coverage is valid from the time of delivery of the vehicle until its return, data can be deduced from the share register present on the auting platform.
Deductible: in the event of an accident (with or without Driver’s fault), damages to the vehicle occurred during the trip, or theft, Reale Mutua will pay the Owner the amount due, net of the € 500 deductible and up to the ceiling of the € 20,000 ceiling. The Driver will be responsible for compensating the Owner up to a maximum of € 500.
Guarantees:
Integral failures: Collision with fixed or moving obstacles, collision, overturning, going off the road during traffic.
Total or partial theft
Fire and Third Party Fire Recourse
Vandalism
Natural disasters: Tornado, hurricane, storm, storm, hail, wind and things dragged by it, earthquakes and landslides. For major events check the complete document.
Crystals: reimbursement of the expenses incurred by the Insured for the replacement, including the costs for the installation, or the repair of the same up to the limit of Euro 520, with the application of an excess of € 200 and € 100 for trucks . The deductible will not be applied if the Insured makes use, for repairs or replacements, of authorized Assistance Centers or Body Shops (list on the Reale Mutua website www.realemutua.it)
Damage definition:
Total damage: the commercial value of the vehicle at the time of the accident is estimated, including any optional accessories. For passenger cars for private use, the value of the vehicle provided by the evaluations of the magazine “Quattroruote” for used vehicles is considered. For cars, the loss is considered total when the repair costs of the vehicle exceed 80% of the commercial value of the same at the time of the accident.
Partial damage: the cost of repairs is estimated, determined by applying the depreciation due to the age and condition of the vehicle on the price of the replaced parts.
Limitations: Reale Mutua does not indemnify damage caused to the vehicle by
willful misconduct of the Insured or cohabiting family members
caused by the driver who, at the time of the accident, is in a state of intoxication or under the influence of drugs
caused by the driver of the vehicle not authorized to drive
caused by loading and unloading operations
Other limitations in the complete document

Fixed and Absolute Deductible

In the event of a claim, Reale Mutua will pay the Insured Party the sum paid in terms of the policy, deducting the deductible indicated in the policy. In the event of theft of the vehicle or its parts, occurring in the garage (with break-in of the closing means of the box itself), garage or legally authorized guarded parking, the deductible indicated in the policy does not apply.

For the Acts of Vandalism guarantee, in the event of vehicle repairs following an accident carried out at a body shop affiliated with Reale Mutua, the deductible indicated in the policy is reduced by half.

For the Natural Disasters guarantee (cars), without prejudice to the provisions of the same for major events, in the event of vehicle repair following an accident carried out at a Bodywork Affiliated with Reale Mutua, the deductible indicated in the policy is reduced by half.

For the Natural Disasters guarantee (trucks), in the event of vehicle repairs following an accident carried out at a Bodywork contracted with Reale Mutua, the overdraft and the relative minimum or the deductible indicated in the policy are reduced by half.

For the integral breakdown guarantee (limited to the case of a collision with an identified vehicle during circulation) in the event of vehicle repair following an accident carried out at a body shop affiliated with Reale Mutua, the deductible indicated in the policy is not applied.

The list of companies specialized in cold working techniques and affiliated body shops is available at the Intermediaries or on the website, www.realemutua.it.

Malus RC coverage

If a Driver has a faulty accident with the Owner’s car, any increase in the cost of the Owner’s primary policy is covered.

The maximum indemnity limit for each insured person will be equal to € 300.00 per claim and per year.

The insurance coverage is valid from the time of delivery of the vehicle until its return, data can be deduced from the share register present on the auting platform.

The Insurance does not include pecuniary losses resulting from:

willful misconduct by the Policyholder / Insured;
third-party liability claims occurring prior to the effective date of the coverage even if paid after the coverage;
administrative irregularities, errors or omissions, inherent in the RCA risk certificate;
payment of the TPL coverage premium made by parties other than the Policyholder of this policy;
disputes regarding the attribution of the CU by the RCA insurer;
legal or administrative violations.

Roadside Assistance – Royal Mutua Blue Assistance

In order to take advantage of roadside assistance during the booking period, the Driver must contact the Operations Center, which operates 24 hours a day every day of the year, by calling 800 909664 , communicating the policy code number 2019/10/3193909 and the type of assistance requested.

The Operational Center of Blue Assistance provides roadside assistance services in the event of the inability to use the insured vehicle due to a road accident, breakdown, fire, lightning, explosion, explosion, theft, robbery, punctures and damage to the tires.

The services provided by Blue Assistance are:

Roadside assistance;
On-site repair, towing;
Tire rescue;
Difficult recovery of the vehicle;
Return of the occupants of the insured vehicle, continuation of the journey or overnight stay:

In the event of a request for Roadside Assistance at a distance greater than 50 km from the place of residence of the Owner, for one of the cases for which the guarantee is provided, and the same can be made usable with a repair involving at least eight hours of manpower (certified by a workshop authorized by the manufacturer or with an agreement with the Operations Center) or a stop of one or more nights, the Operations Center will make available to the occupants of the insured vehicle, alternatively one with the other, one of the following services, with a total cost to be borne by Reale Mutua of € 150:

Return of the vehicle occupants: an air ticket (economy class) or train ticket (first class ) to allow them to return to their places of residence, as long as they are in Italy;

Onward travel: an air (economy class) or rail (first class) ticket to allow them to reach the place of travel destination;

Overnight in hotel: one night (breakfast included) waiting for the vehicle itself to be repaired. Stops of the vehicle due to unavailability of spare parts are not contemplated.

Return of the insured vehicle:

If the insured vehicle, while it is more than 50 km from the owner’s place of residence, is found following theft or is immobilized for one of the cases for which the guarantee is provided and, if repairable, requires at least eight hours of manpower (certified by a workshop authorized by the manufacturer or affiliated with the Operations Center), the Operations Center organizes the return of the insured vehicle, using specially equipped means of transport.

The delivery costs are borne by Reale Mutua within a radius of 500 km from the place of the fixed asset.

The driver is responsible for the costs for any tolls and / or passages from tunnels, repairs and damage from partial theft occurring before the vehicle taking charge of the vehicle carrying out the repatriation.

Alternatively, at the request of the owner, the Operations Center will arrange for, keeping the cost at the expense of Reale Mutua, a one-way ticket by plane (economy class) or train (first class) or by other means of transport, for go and retrieve the insured vehicle.

Roadside assistance due to failure to close the vehicle

When, at the end of the sharing, the Driver must return the car to the Owner, if it is impossible to close the vehicle due to a malfunction of the closing remotely via the “auting” platform, and the Owner is objectively unable to go to the site to regain possession of the car, the operations center sends an emergency vehicle to tow the vehicle to the closest deposit to the place where it was stopped. Reale Mutua will bear the costs of sending the rescue vehicle and keeping the vehicle for one night, with an overall limit of € 200.

The driver is always obliged to wait for the rescue vehicle to arrive and deliver the vehicle keys to the personnel who arrived on board the vehicle.

If, while waiting for the arrival of the rescue vehicle, the driver manages to lock the vehicle, he must promptly notify the operations center that the closure has taken place.

If the Driver does not follow the procedures indicated on the App (by way of example, the Driver requests the assistance service despite not having attempted the troubleshooting instructions, available in the App and on the auting site), auting reserves the right to charge the cost of the service to the Driver.

In case of failure to access the car during check-in, for reasons not due to the Driver or his devices, both for the return and for the continuation, as an alternative to the plane or train ticket, it can be provided, exclusively during the hours opening of the affiliated centers, at a rental station, a car with a displacement between 1,100 and 1,300 cc, with unlimited mileage. This service will be provided compatibly with the availability of the car rental company and according to the methods of access to the service established by the same (eg satisfaction of minimum requirements such as age and years of driving license).

The costs of any spare parts and repairs carried out in the workshop are always excluded from the guarantee. For these, refer to the other policies stipulated.

The insurance coverage is valid from the time of delivery of the vehicle until its return, data can be deduced from the share register present on the auting platform.

Any disputes arising between Users and insurance companies – both that of the Owner and the temporary one – must be resolved between these subjects, excluding auting, since the latter is the sole owner of the IT platform, applications and utility models of the same but not resulting, the same, the holder of any right on the use of the car nor, in different cases, owner, possessor and / or holder of the car in different ways.

6.6. Professional Owner

The “Professional” Owner user – who is a professional legal entity user – is a professional owner when he or she provides basic insurance coverage from an insurance partner for the trip, included in the price paid online. This insurance coverage is based on RCA coverage and may also have other additional coverage included (for example, kasko, roadside assistance, other). In this case, Auting does not provide insurance coverage from our partner Reale Mutua.

In the event that the Owner is a Professional User, this contract is valid only until check-in. For the check-in, for the trip, for the check-out and for the management of the booking after the trip, the contractual conditions of the Professional User prevail.

When the check-in takes place, the Professional user can ask the Driver to sign additional agreements to those of Auting and to comply with additional requirements. For example, you can: request a security deposit on your credit card; offer optional insurance coverage and extra services; ask for a surcharge if the Driver wishes to be delivered to a place other than the one indicated; have different policies on handling fines.

By making a reservation and subsequently paying online for this vehicle, the Driver accepts that the Owner can request additional conditions of contract and services at the beginning and end of the trip.

6.7. Auting Connect

1. Identity Check Service

Under certain conditions, Members delegate to auting their responsibility for verifying identities. This service is currently only available to Owners equipped with Auting Connect technology.

With Auting Connect, auting asks the Driver to send via App or, upon auting decision, via e-mail all the documents necessary to verify the identity and the presence of all the conditions necessary for sharing. Only in this case will auting be responsible for the Driver’s compliance with the travel conditions.

However, if the Owner has in his possession information that could suggest the Driver’s non-compliance with the conditions of access to the service defined in art. 6.8 undertakes to send such information to auting.

2. Publication of a vehicle

The Owner using Auting Connect can request the installation of the Telematic Box on one or more of their vehicles, using the registration form provided by auting.

This form asks a number of questions, including the characteristics and location of the vehicle. A technician will check the suitability of the vehicle to use Auting Connect and it will be possible to make an appointment for the installation of the telematic box.

If the Owner using Auting Connect provides false information on the status or characteristics of the vehicle, which is therefore not suitable for the installation of the Telematic Box, the Owner in question will be charged a fee of € 100.00 for the cancellation of the appointment

3. Installation of the Telematic Box in the vehicle

The Owner using Auting Connect agrees to make his vehicle available for a technician to install the Telematic Box.

Installations are scheduled on weekdays, Monday to Friday, 8:00 am to 5:00 pm.

The Owner who uses Auting Connect will be asked to leave his vehicle in an agreed place with auting for the installation of the Telematic Box. The Owner using Auting Connect explicitly accepts this condition.

The Owner who uses Auting Connect is required to respect the appointment agreed with the technician for the installation of the telematic Box.

If the installation is canceled within 2 working days prior to the appointment, auting will charge the Owner a penalty of € 100.00. This tax will not be applied only in case of serious reasons or force majeure duly justified by the Owner.

4. Removal of the Telematic Box from the vehicle

auting may require the removal of the Telematic Box every time a Vehicle has been registered for more than 15 years.

auting provides the Owner with 30 days notice before deactivating the Auting Connect technology; The Owner will also be contacted to make an appointment for the removal of the Telematic Box.

The Owner can request the removal of the Auting Connect technology at any time by sending a specific request via email.

The Owner will receive an invoice every month for the expenses of the Auting Connect service relating to the entire month, billing will cease exclusively on the first day of the month following the uninstallation of the Telematic Box. The detailed costs of the Auting Connect technology are specified below in point E.

auting undertakes to remove the Auting Connect technology from the vehicle in question within 30 days of the specific request sent by e-mail from the Owner.

The Owner undertakes to make his vehicle available to a technician for the removal of the Telematic Box.

Removals are scheduled on weekdays, Monday to Friday, from 8.00 to 17.00.

The Owner agrees to make an appointment for the removal of the Telematic Box within 30 days of his e-mail request. If the appointment for the removal is not fixed within 30 days of the request for a reason attributable to the Owner himself, the invoice for the Auting Connect service will still be issued the following month and every following month until the Telematic Box is removed.

The Owner may be asked to leave his vehicle in a place determined by Auting for the removal of the Telematic Box.

The Owner agrees to respect the scheduled appointment with the technician for the removal of the Telematic Box.

If the removal is canceled within 2 working days prior to the appointment, auting will charge the Owner a penalty of € 100.00. This penalty will not be applied only in case of serious reasons or force majeure duly justified by the Owner.

5. Financial Terms for Auting Connect Technology Subscription

The Owner will receive a monthly bill for the use of Auting Connect technology.

The subscription amount is € 19.99.

The first 6 months of subscription are free, starting from the installation date of the Telematic Box.

The Owner must pay Auting each month in advance the price of the Auting Connect services of the monthly subscription.

auting can organize the removal of the Telematic Box in the event that the monthly subscription fee is not paid for 1 month and a legal notice has been sent to the Owner.

The installation or removal of the Telematic Box is free for the Owner, provided that the Owner respects the appointment agreed for installation / removal with the responsible technician.

6. Cancel Your Subscription to Auting Connect Technology

There is no charge for canceling your Auting Connect technology. No minimum time commitment is required on the part of the Owner who intends to use Auting Connect.

7. Ownership of the Telematic

Box The telematic Box installed in the vehicle, including the GSM SIM installed inside the Box itself, is granted to the Customer on loan for use, pursuant to and for the purposes of Articles 1803 and ss. cc. There is no transfer of ownership of the Telematic Box from auting to the Owner using the Auting Connect technology. The Owner is required to pay monthly the subscription to the Auting Connect services, according to the terms defined in paragraph 6.7.E.

With the exception of the theft of the vehicle without subsequent discovery of the same, the Owner is always required to return the Telematic Box ad auting.

Failure to return the Telematic Box by the Owner provides for a penalty of € 400.00.

Auting can remove and recover the Telematic Box from the vehicle at any time. Auting is not required to disclose the reasons for the removal to the Owner.

In case of removal of the Telematic Box, Auting will give the Owner a notice of at least 30 days.

If the vehicle has been immobilized permanently, the Owner must inform auting and facilitate access to the vehicle for the recovery of the Telematic Box.

The Owner using Auting Connect cannot sell their vehicle before the Telematic Box is removed.

The Owner using Auting Connect must not have the Telematic Box removed by third parties not authorized by auting.

The Owner using Auting Connect must not allow third parties to manage the Telematic Box.

8. Technical Responsibility

Auting or Auting Connect can be held responsible for the breakdown of a vehicle only in the following cases: a problem with the central locking of the doors, or a problem with the immobilization of the ignition lock.

If the Owner using Auting Connect believes that a breakdown in his car is attributable to the Telematic Box, he must provide proof of this.

In this case, the Telematic Box can be considered a source of responsibility only for the breakage of the parts to which the Telematic Box is directly connected and no other part of the vehicle.

9. Data privacy

For details, see paragraph 13.

6.8. Travel with Auting Connect

1. Booking a vehicle

Vehicles using Auting Connect technology can only be booked on the website or app. The booking process for the Driver and the Owner’s acceptance of the booking remain unchanged.

Use of the vehicle equipped with Auting Connect technology outside of an auting booking is not covered by the insurance provided by auting.

2. Travel conditions

The Driver who intends to travel with a car equipped with Auting Connect technology, must be a registered user on auting and book the trip through the website or App.

The Driver must also necessarily have one smartphone with a reliable data connection.

At the time of the first trip with Auting Connect technology, the Driver must enter the required documents and data in his account, and auting will check the Driver profile. The Driver is asked to insert a clear image of both sides of the driving license and the identity card or passport, the insertion of some personal data, and a selfie.

For driving licenses obtained in a non-EU country, any additional documents must also be attached.

Secondary drivers are not allowed.At the end of the booking the car must be returned within a radius of 500 meters from the position indicated by the Owner in the profile of the car.

The Owner using Auting Connect accepts the conditions of the sharing agreement when the Driver unlocks the vehicle doors at the start of the journey. However, if the Owner and Driver by mutual agreement do not follow the procedures envisaged by the Connect technology, Auting is not required to support the Owner and Driver in the management of any problems arising during this trip.

3. Before the start of each booking, the Owner must park the car within 500 meters of the position indicated by the Owner in the profile of the car.

If the car is parked by the Owner more than 500 meters from the position indicated by the Owner in the car profile, the Owner may receive a penalty in terms of visibility on the platform. In case of reiteration of this behavior by the Owner, auting may suspend the announcement of the car.

If the distance between the position of the car indicated in the profile of the car and the actual position of the car at the beginning of the booking is less than 2 km, there will be no refund for the Driver.

to. Before each booking, the Owner must park the car in a position covered by a reliable internet signal and GPS. Otherwise, the Owner may receive a penalty in terms of visibility on the platform. In case of reiteration of this behavior by the Owner, auting may suspend the announcement of the car.

b. To perform a check-in and checkout of a reservation, the Driver must meet certain requirements. There are no refunds if one or more of the following requirements are not met:

i. have installed the Auting app on your smartphone, to the most up-to-date version;

ii. have an internet connection;

iii. have activated GPS tracking.

c. At the end of the journey, the Driver must place the car key inside the glove compartment. Otherwise he will incur the penalty provided for in the paragraph “Economic conditions”.

d. The Driver has no right to remove the Telematic Box during the trip. In case of failure by auting to receive the connection signal from the Telematic Box, auting has the right to contact the Driver.

And. In case the checkout of the reservation is not successful, the Driver must contact the Owner or the Customer Service auting to resolve the problem.

If the Owner manages to close the car with the Driver, the Owner must notify auting that the problem has been resolved.

In case the Owner is unable to close the car with the Driver, the Driver must contact auting to request assistance on the remote locking of the car. In case the Customer Service auting is not available or the remote closing procedure of the car is not successful or it takes more than 30 minutes to solve the problem, the Driver is required to report the problem by following the procedure specified in the App through the appropriate “Assistance” tool. The Driver must then contact Blue Assistance, according to the procedure defined in the paragraph “Roadside assistance due to failure to lock the vehicle”.

4. Vehicle Condition and Auting Connect Technology Policy Regarding Insurance

a. Before the start of each booking with Auting Connect technology, the Owner must certify the condition of his vehicle by sending 8 wide-angle photographs of the entire vehicle via email to support@auting.it.

Close-up photographs of any pre-existing damage to the vehicle are also required.

The Owner must notify if the condition of the vehicle changes, i.e. after new damage or repairs.

There is no compensation if the conditions of the car have not been updated before the last booking concluded with Auting Connect technology.

b. At the time of check in, the Driver must take 8 photos of the entire vehicle that document in detail the state of the vehicle at the start of the journey.

In the event of damage and / or excessive dirt inside the vehicle, the Driver must take additional photos documenting such damage / dirt, in the absence of additional photos he may be held responsible for such damage / dirt and related costs.

These photos must be kept for a period of 30 days from the end of the booking.

c. At the end of the trip, the Driver must report any damage to the car that occurred during the trip. A penalty of € 200.00 will be charged for any unreported damage.

At the end of the trip, the Driver will have to take 8 photos of the entire vehicle, 8 different angles are required.

These photos must be kept by the Driver for 30 days.

In the event of damage reported by the Owner or the next Driver, the Driver who completed the previous booking must provide auting with the 8 photos taken at the end of his trip, as proof of the condition of the vehicle at the end of the trip. If a Driver refuses or is unable to provide all 8 photos taken at the end of the trip, he will be held responsible for the damage reported by the Owner.

d. The Owner is obliged to inspect the external condition of the car before any personal use of the same. When the Owner unlocks the vehicle, the conditions of the car are considered accepted.

And. After the end of the trip, the Owner has 24 hours to report any damage to the vehicle and start the related procedure via the auting customer service. The Owner must provide photos documenting the damage detected.

auting will contact the last Driver who has concluded a trip with the car in question and will retrieve the photos of the check-out from the system to establish the responsibility for the damages.

If the responsibility for such damage does not fall on the last Driver, it is up to the Owner to check the photos of the last check outs and find the responsibility for the damage.

f. In any case, the Owner must immediately notify Auting in the event that one or more smartphones in which the Auting App is installed and in which the Owner is logged in is lost. Otherwise, Auting is not responsible for any unforeseen effect on the car, for example, among others, the theft of the car.

5. Sharing Agreement

a. The Driver who uses Auting Connect accepts the Sharing Agreement at the time of the start of the journey, the unlocking of the car doors at the start of the journey has the value of definitive completion of the Sharing Agreement.

b. The Owner using Auting Connect automatically accepts the Sharing Agreement when the Driver unlocks the vehicle’s doors at the start of the journey.

6. Management Fees, Clearing Fees and Penalties Specific to Travel Using Auting Connect Technology

a. Auting will charge an unreported claims handling fee of € 100.00 to the Driver who does not report any damage for which he or she can be held liable at the end of a trip.

If the responsibility for such damage does not fall on the last Driver, it is the Owner’s responsibility to check the photos of the last check outs and trace the Driver responsible for the damage.

b. Since the Driver and the Owner do not meet during check out, the Driver must park the vehicle at the end of the journey within 500 meters of the position indicated by the Owner in the car profile, in a free parking lot and where there is no no risk for the seizure of the vehicle.

If the car is parked at the end of the journey in a location subject to paid parking or parking bans / limitations imposed by the public authorities, the Driver is responsible for paying any parking costs and / or fines.

The Owner is required to pay any paid parking costs made between two bookings.

7. Data

privacy The information on the privacy of personal data is defined in art. 13 of the Terms of Use.

7. Economic conditions

Access to and registration on the Site, as well as searches and publication of advertisements are free.

7.1. Reimbursement of shared use of the car

The reimbursement consists of a price per booking day, and a reimbursement per kilometer traveled, TO BE CALCULATED ON THE BASIS OF THE ACI REFERENCE TABLES PUBLISHED RATIONE TEMPORIS IN THE OFFICIAL JOURNAL OF THE ITALIAN REPUBLIC,

The reimbursement is ANYWAY freely determined by the Owner, but cannot be less than € 20, already inclusive of insurance. auting suggests an average refund based on the characteristics of the car AND TO BE CALCULATED ON THE BASIS OF THE ACI REFERENCE TABLES PUBLISHED RATIONE TEMPORIS IN THE OFFICIAL JOURNAL OF THE ITALIAN REPUBLIC, but the Owner can modify it at any time AT YOUR OWN RISK, BEING THE REFUND ACI RATES PARAMETER SHOWN ABOVE. The average refund is the daily refund for a 4-day booking. So, if the booking is for less than 4 days, the daily refund will be higher. The Owner, in fact, can decide to apply discounts to make shared use more convenient for Drivers.

The refund includes 150 km for each booking day, with a maximum of 500 km per week, and 2000 km per month. The Driver can buy, by reimbursing them, additional kilometers at the time of booking. By default the mileage reimbursement is 0.12 € / km, but the Owner can set this reimbursement via the settings on the website.

Auting does not check daily reimbursements, in order to allow users to be flexible in handling exceptional circumstances. auting does not even check the reimbursement per kilometer requested by the Owner. it is the responsibility of the User to choose a lower price than the one established by the minimum requirements. auting reserves the right to cancel any booking below these thresholds or, if the trip has already begun, to suspend the payment to the Owner until the situation has been settled. The Driver and the Owner expressly give auting, by registering on the site, the mandate to collect the various sums (reimbursement including insurance costs, and compensation and penalties) on behalf of the Owner.

7.2. Auting

commission withholds from the Owner a commission equal to 30% that is applied to the reimbursement defined by the Owner and incorporating any adjustments relating to the mileage amount at the end of the trip. At the time of payment of the reservation, auting retains from the Driver 5% of the refund defined by the Owner.

The auting fee is collected by following these rules:

auting collects the entirety of the refund and the transaction, after the Owner has accepted the Driver’s booking request and the latter has paid through the website;
When both Owner and Driver complete the booking via the website, auting collects or refunds the difference between the amount already collected and the refund calculated on the basis of the mileage adjustments;
auting transfers to the Owner 70% of the reimbursement for shared use defined by the Owner himself (including the adjustment of the amount calculated on the basis of actual final mileage). If there have been no reports or disputes to be resolved by the customer service, the transfer takes place within 4 working days from the end of the trip, net of banking times, to the Italian IBAN indicated by the Owner in his profile.
After 4 days from the end of the trip (or after the resolution of any dispute), the Driver and Owner can download the travel receipt from the website.

auting may suspend the payment to the Owner in the event of additional checks to be carried out or in the case of complaints by the Driver. In this case auting will make the payment to the Owner:

as soon as an agreement has been reached between the Owner and the Driver, and when the latter notify auting of the conclusion of this agreement;
as soon as the legal authority, or the sole arbitrator referred to in article 7.11 below, has issued a binding decision ordering the payment of all or part of the consideration to the Owner or the return of all or part of this sum to the Driver.

7.3. Cancellation of the reservation

In the event that the Owner cancels the reservation, the Driver will be refunded the amount paid as a refund for shared use. TheOwner is required to notify the Driver as soon as possible, in compliance with the implicit community rules. In the event that at the time of the meeting between the Owner and the Driver the Car does not comply with that of the Announcement, the Driver will be refunded the amount paid as a reimbursement for the shared use.

In the event that the Driver cancels the reservation before 24 hours from the start of the trip, the full amount will be refunded o. If the Driver cancels his reservation less than 24 hours before the start of the trip, the Driver will not be refunded and the amount will be transferred to the Owner as a normal reservation.

If the Driver does not show up to collect the car at the start of the trip without just cause, or if during the meeting the Owner discovers that the Driver does not respect the booking conditions, then the Driver will not be refunded and will be transferredthe amount as a normal booking.

The trip will also be considered canceled, and the Driver fully refunded, when the Vehicle equipped with the Telematic Box cannot be opened at the beginning of the trip due to improper use of the Application by the Owner. In this case, none of the users will be able to ask auting – or Yago Srl – for any compensation and / or indemnity, with express waiver as of now.

7.4 Extra expenses and penalties for handling extra expenses practices

Generally, the Driver is responsible for the trip and associated expenses.

The extra expenses found at the end of the trip by the Owner and Driver must be reported on the Checklist.

The Auting customer service will only support the Owner in the recovery of extra expenses reported at the end of the trip on the Checklist.

Therefore, in case of extra expenses found by the Owner at the end of the trip or reported by the Driver but not regulated independently at the end of the trip, the Owner can fill in the online document in which to report every single extra expense item. This request will be evaluated by the Auting customer service.

The Driver is responsible for any extra expenses following the payment of the reservation, i.e. damages, fines, delays, extra kilometers, missing fuel, dirt, animals not allowed, smoke. In the event of the Driver’s actual responsibility, the Driver authorizes Auting to charge the payment method used at the time of booking. These amounts will then be transferred to the Owner for the part due to him within 30 days, net of the necessary banking times.

In addition to these amounts, the Driver will have to pay an administrative penalty of € 30 for each practice that the customer service will be forced to manage, as well as bank commissions of 2% on the amount of extra expenses.

In case of non-cooperation, the customer service will act as a reference for the resolution of disputes. In case the Driver refuses to pay, Auting has received (through a specific checklist compiled by the Driver during registration) the permission to charge the payment method used by the Driver during the booking phase.

For vehicles using Auting Connect technology compatible with the “automatic calculation” function, fuel and mileage checks are carried out automatically via the Telematic Box.

7.5 Damages

As described in article 6.5, the Driver is responsible for the insurance costs up to the excess of € 500.00 in the event of an accident with fault, damages to the vehicle occurred during the trip and theft. The Driver is also responsible for any mechanical damage occurring during the trip up to a maximum of € 500. In addition to these costs, the relative bank commissions and € 30 administrative penalty will also be charged.

7.6 Fines

Drivers are responsible for all fines incurred during the trip, including circulation in the Limited Traffic Zone (except if it is present among the optional of the Car) and circulation without chains or winter tires.

In case of infringement notified directly to the Driver, the Driver must go to pay the fine before the end of the trip, keeping the payment receipt and delivering it to the Owner when returning the car.

In the event that the infringement is notified to the Owner at the end of the trip, the Owner must immediately make the report via the appropriate online function on the auting.it site and send the report to the customer service. auting will verify the data in the report and contact the Driver.

In the event that the Driver fails to pay the fine directly, despite the communication of the auting customer service, the Driver authorizes auting to charge the amount due on the payment method used during the booking phase.

The charge procedure will be applied only for the reduced amount specified in the fine notification report, subject to the submission by the Owner of the travel checklist correctly filled in and the receipt of payment of the reduced amount specified in the report.

The Driver will only be charged the reduced amount specified in the report plus the administrative fee of € 30. These amounts will then be transferred to the Owner for the part due to him within 30 days, net of the necessary banking times. If the Driver’s card is not chargeable, the legal office of auting will support the Owner, providing the same information to try to recover the amount of the fine, provided that the Owner has correctly and fully complied with the collection of the data and information of the Driver and that the Owner has scrupulously complied with the instructions on the exchange of information on the identity, residence and data of the Driver, in compliance with clause 6.4 of this TDU (Terms of use) published on the auting website.

auting, as a mere manager of the sharing platform, will not be able to support the Owner and Driver in the event of any appeal procedure for the contestation of the fines and / or opposition to them. Customer service auting will not be able to assist Owner and Driver in such procedures, as mere manager of the sharing platform.

The fines notified to the Owner more than 90 days after the infringement must be challenged by the person who receives the notification, as they can be canceled due to forfeiture of the terms for notification.

7.7 Delays

If the Driver expects to arrive late, he is required to notify the Owner in good time.

We invite you to regulate this process independently. Users must in any case verify that the car is covered during the delay period.

If no agreement is found, the Owner has the right to ask the Driver for a € 25 penalty. If the car is equipped with Auting Connect technology, the Owner has the right to ask the Driver a € 25.00 penalty for the first 2 hours and up to € 100.00 per day.

In addition to these amounts, the Driver will have to pay an administrative penalty of € 30 for the practice that the customer service will be forced to manage.

7.8 Extra kilometers

For each day of booking 150 km are included (eg for 3 days 450 km are included), with a maximum of 500 km per week (eg for 4 days 500km are included, not 600km). At the time of booking the Driver can refund the shared usage for additional kilometers. If the Driver runs more kilometers than those included and purchased, we encourage the Owner and Driver to independently adjust this process.

If no agreement is found, in addition to these amounts, the Driver will have to pay an administrative penalty of € 30 for the practice that the customer service will be forced to manage.

7.9 Fuel

The car must be returned with the same level of fuel present at the time of delivery and marked in the checklist. We encourage Owners and Drivers to independently regulate this process. The rule to follow is to deliver the car with a full tank of fuel and to return the vehicle with a full tank of fuel, this practical mode being the one that offers the best protection for users and the certainty of the amount of fuel at the time of delivery and return of the car.

If no agreement is found, in addition to these amounts, the Driver will have to pay an administrative penalty of € 30 for the practice that the customer service will be forced to manage.

7.10 Extra travel expenses with Auting Connect

At the end of the journey, the Driver must reposition the car key inside the glove compartment. Otherwise the Driver will be held responsible for returning the key directly to the Owner, and for any expenses (eg loss of the key) and a penalty of € 100.00 to be paid to auting.
At the end of the trip, the Driver must report any damage to the car that occurred during the trip. A penalty of € 200.00 will be charged for any unreported damage.

At the end of the trip, the Driver will have to take 8 photos of the entire vehicle, 8 different angles are required.

These photos must be kept by the Driver for 30 days.

In addition, a penalty of € 200.00 will be applied.

In case of need for the “Roadside assistance due to failure to close the vehicle” service, if the Driver does not correctly perform the procedure defined in art. 6.5, auting will be able to charge € 200.00 on the payment method used by the Driver at the time of booking.
The Driver is held responsible and a penalty of € 200.00 will be charged in the event of:
filling the car with the wrong fuel,
damage or loss of the car key
a penalty of € 50.00 will be charged for returning the car at the end of the journey with an empty fuel tank.

7.11 Other extra expenses

In case of excessively dirty car inside, excessively dirty car outside, presence of smoke smell inside the car, signs of the presence of animals, we encourage the Owner and Driver to independently regulate this process .

If no agreement is found, the Owner has the right to request a € 25.00 penalty from the Driver.

In addition to these amounts, the Driver will have to pay an administrative penalty of € 30 for the practice that the customer service will be forced to manage.

7.12 Disputes

auting is committed to providing maximum support to the community, and endeavors to have the Owner and Driver collaborate in a peaceful resolution of any disputes relating to a trip.

All disputes – except in the cases of articles 7.4, 7.7, 7.8, 7.9, 7.10 – that should arise only between the Owner and the Driver exclusively for shared use, or, better, solely to the property relationship between them agreed on the basis of the clauses that therefore, insurance and RCA issues precede and exclude and instead including those inherent to the payment of shared use, the criteria to be adopted for said payment and any disputes on the “quantum” of reimbursement for shared use of the car will be exclusively and irrevocably referred to a single arbitrator (informal arbitration), which the parties declare as of now to identify in the “Customer Service” or “Customer Service”, identifying as of now the sole arbitrator in the natural person of Mr. Silvio Vigato that the parties expressly declare to know and fully accept as a method of resolving said disputes.

The sole arbitrator will decide in fairness and without particular formalities, based on the elementary rules provided for in the preceding articles, thus acknowledging the parties that this is an unlawful arbitration, governed by article 808 – Ter cpc and that, given the particularity and the need for speed of the decision, the deadlines set out in article 7.2 above are accepted. The communication of the award will be considered completed by simply sending it to the e-mail declared by the users at the time of registration on the platform and the users accept this notification method as of now, declaring that they consider it suitable and sufficient, also for the regular establishment of the cross-examination and for their defense, to be sent within the terms referred to in Article 7.2 above.

The cost of the arbitration will be equal to € 90.00 – in addition to the management costs of the practice, equal to € 30.00.

In case of non-cooperation, the customer service will act as a reference for the resolution of disputes. In case the Driver refuses to pay, auting has received (through a specific checklist compiled by the Driver during registration) the permission to charge the Driver’s credit card.

If the Driver’s payment method is not chargeable for extra expenses, auting will provide the competent bodies with the maximum support necessary to resolve the dispute and any legal cases, in order to preserve the community.

8. Taxes

The Owners can find on the site the details of the individual trips and the receipts in which their fees, the costs of using the platform and the VAT amounts are noted.

Owners are aware that refunds for shared use of their car may be subject to tax. it is the Owner’s sole responsibility to be aware of tax obligations and to produce the required returns, as required by the tax authorities. auting is not, under any circumstances, responsible for such proceedings and auting cannot be held responsible for the same.

9. Service changes

auting reserves the right to modify, at any time, the characteristics and functionalities of the website, the applications or any utility models. The user must be informed of these changes by simply posting on the website.

10. Right of withdrawal

Pursuant to Article 16 (l) of the EU Consumer Directive No. rights 2011/83 / respective local EU applications , the offer to use the platform and its applications does not constitute an activity carried out outside the auting commercial premises, which has its registered office in Bologna in Via Jacopo Barozzi 3 / A.

Therefore, the right of withdrawal provided for by the aforementioned legislation is not applicable, since access to the platform is voluntary and requested by the user but not subject to an offer to the public outside the auting offices.

11. Intellectual property rights

auting maintains all intellectual property rights relating to text, graphics, sounds, videos, software and any other element that makes up the website, in particular the auting brand, with the exception of information provided by users. The site constitutes a work for which only auting owns the intellectual property.

The user must not infringe the intellectual property rights owned by auting. The functionality of the Website, and in particular the printing, downloading or sending of e-mails, cannot be used by the User with the purpose or effect of violating the intellectual property rights relating to the website and elements that constitute it.

The User explicitly undertakes:

to strictly use the website only for the sole purpose of benefiting from it as provided for in Article 6 of these conditions;
not to violate the intellectual property rights held by auting that cover its website, the elements that constitute it and its brands, or those owned by third parties, which the third party has put online on the site through the Service;
not to reconstitute, attempt to reconstitute or help a third party to reconstitute, from the Website or one of its elements, a website or a service with the aim of offering directly or indirectly, free of charge or in exchange for money, an identical service or similar, in whole or in part, to that of the service;
to maintain the confidentiality of the identification codes and to take all necessary measures so that no third party, in any way, can have access to the identification codes by illegally accessing all or part of the Service;
to immediately notify auting in the event of loss, third party access or disclosure of identification codes.

Compliance by the User with the above obligations constitutes a substantial condition, without which auting must not have concluded these TOU. Consequently, auting reserves the right to suspend a user’s access to the Site and to terminate such access immediately and without giving any notice if the user fails to comply with any and all of the above obligations, without violating the rights of auting. to collect the damages that may be due to auting, and without the possibility that the user can enact any other remedy on his behalf.

12. Limitations and exclusions of liability

The site and the use of the platform are provided as such. auting cannot be held responsible for a defect in the functioning of the Site or the platform or the Telematic Box, such as the lack of availability in particular. auting complies with an obligation of means and, more generally, to implement the TOU.

The User declares that he or she accepts the characteristics and limits of the online platform and, in particular, acknowledges:

that he or she understands the risks of using the online platform and the Telematic Box, in particular as far as it’s about response times;
that he or she is responsible for taking all necessary measures to ensure that the technical characteristics of his computer and / or computer network allow connection to the Site and use of the online platform and the Telematic Box;
that he or she is solely responsible for your Internet access;
that he or she is responsible for taking all necessary measures in order to protect their data and / or software from contamination by any viruses circulating on the Internet or contracted by any other electronic means.

auting makes no express or implied warranties with respect to its website or the use of the online platform. The user is responsible for his choice to use the site and the online platform.

auting is in no case responsible for the solvency of its users, including the Drivers.

Neither auting, as the provider of the website and the online platform, checks the identification documents or the driving licenses of its users.

Except for journeys with Auting Connect technology, each user checks the identity of his interlocutor, the documents relating to the car offered by the Owner and the Driver’s driving license at the time of collection of the car.

auting does not control the information relating to the User in his advertisements or ratings. The user alone is considered to be the author of refund quotes for shared car use and evaluation content and this content remains under his / her full and exclusive responsibility. In the event that the user provides false, inaccurate, inappropriate or illegal information, auting must not, under any circumstances, be held responsible.

auting cannot be held responsible for the removal or making it impossible to access the content published by the User and which is manifestly illicit in nature.

Under no circumstances shall auting be held liable for direct or indirect damages that may be caused by the website or any part or all of the use of the website and the online platform, nor for the unavailability of the website or any part or all of the online platform.

It is expressly agreed between the parties that any prejudice, commercial or otherwise, loss of benefit, turnover, orders, income, customers, data and actions against the User by third parties and the resulting consequences are considered. indirect damage.

It is expressly recognized by the parties that the auting role is explicitly limited to facilitating contact between Owner and Driver. auting, not to act as an intermediary of a car rental service, not being an auting nor a commercial intermediary, nor an owner of vehicles and nor offering car rental to the public. Consequently, auting cannot be held liable for any damage resulting from the Driver or the Owner of the Car booked through the Website.

Regardless of all the other provisions contained in these TOU that auting adopts, according to the provisions of the law they will not be liable for willful misconduct and gross negligence of auting, its legal representatives, employees or agents. The same applies when guarantees are given or in the case of strict liability or a culpable violation of life, body or health.

13. Privacy and Cookies Please

refer to the specific documentation on Privacy available at https://www.iubenda.com/privacy-policy/7995230/full-legal and Cookie available at https://www.iubenda.com / privacy-policy / 7995230 / cookie-policy

14. Cancellation

The TDUs are automatically canceled by right by auting if the user does not respect his obligations.

auting may, at its sole discretion and without notice, cancel access to all or part of the Service and / or decree the cancellation of the TOU, by right and without notice, in the event that the user fails to fulfill his obligations, violates the obligations set out in the TOU or jeopardizes the purposes and rules of the site.

15. Various provisions and domicile

The parties are independent. Neither party may undertake commitments in the name and on behalf of the other parties. Each Party acts in its own name and on its own behalf. The stipulation of these TOU must not be interpreted to create a company, a mandate, an agency relationship, or any other relationship between the parties.

The TOU, including the rights and obligations set forth therein, cannot, under any circumstances, be transferred to third parties.

If one of the clauses of the TOU is canceled, the other clauses will not be affected by the cancellation of that clause. If one party fails to honor its commitment or obligation in favor of the other party, such an omission is to be construed as a waiver of that commitment or obligation in the future. For the implementation of the TOU, the parties agree to elect their service address in accordance with the following conditions:

For auting, the address of its registered office, as indicated in the legal notices;
For the user, the address communicated during his registration.

15.1 In accordance with art. 1341 and 1342 of the Civil Code, the Parties, after re-reading each clause and in particular those referred to in numbers 3), 4), 6), 6.2), 6.7) 7), 7.4), 7.6) and 12) above, declare , with the publication of your announcement on the platform expressly to approve them, having to attribute to the publication of the announcement the value of subscription and adherence to the aforementioned clauses.