www.barocchi.com

1. Service Provider

Autorimessa Battagli & Spinelli – Baspi Bus S.r.l (Tax Code and VAT No. 00393290481), with its registered office in Florence (FI), Via Stazione delle Cascine 4h (the “Company”), is a Company that has been offering tourist line services and chauffeured services since 1939 by cars and buses with drivers, operating throughout the Italian and European territory. The Company, while providing transportation solutions for the most varied and complex requests, has specialized for years in managing transportation for large events (incentive trips, conferences, cultural events, fairs, sports events, etc.) and high-level tourism.

2. Contract Conclusion

The contract (the “Contract”) is deemed concluded, even in the absence of a signature at the bottom, at the moment when the purchaser (the “Purchaser”), already made aware of these conditions, confirms the booking of the purchased service according to the methods established by the Company and indicated in the separate documentation provided to the Purchaser during the negotiation and/or purchase phase (the “Documentation”).

3. Validity of Terms and Conditions

The terms and conditions indicated below (the “T&C”) form an integral part of the contracts concluded between the Company and the Purchaser (the “Parties”) for the provision of the Company’s services and apply unless expressly waived in the Documentation. Orders and/or modifications of orders (collectively, the “Orders”) made verbally or by telephone must be confirmed in writing by the Purchaser. Otherwise, the Company assumes no responsibility regarding any errors or possible misunderstandings. In any case, any differing agreements must be regulated in writing and signed by the Company for acceptance. Except for cases mandated by law, all sales of the Company’s services are governed solely by these T&C. In any case, should the Purchaser decide to resell and/or provide and/or make available and/or donate the Service to third parties, the Purchaser undertakes to have these T&C accepted by the third parties, holding harmless and indemnifying the Company, without value limits, from any requests not conforming to the T&C coming from third parties.

4. Bookings

Bookings are subject to availability, which must be verified by directly contacting the Company. The Company reserves the right, based on actual availability, to confirm bookings and/or to suggest alternative solutions and/or to refuse the booking.

5. Purchased Service

The characteristics of the purchased service (the “Service”) are expressly indicated in the Documentation, which the Purchaser accepts in its entirety. The Purchaser declares to have thoroughly verified and understood the content of the Service and the Documentation. By virtue of the foregoing and having had the opportunity to request from the Company any necessary clarifications, the Purchaser releases the Company from any liability regarding the content of the Service, accepting it in its entirety as described in the Documentation. Additionally, should the Purchaser, under its sole responsibility, decide to resell and/or provide and/or make available and/or donate the Service to third parties, the Purchaser waives any claims for compensation against the Company regarding the content of the Service, holding the Company harmless and indemnifying it from any third-party claims.

6. Payments

The price of the Service (the “Price”) and the related payment methods are indicated in the Documentation and are expressly accepted by the Purchaser. Any variations and/or discounts to the Price may be agreed upon between the parties only and exclusively in writing. Any services not included within the Service and separately requested by the Purchaser will be paid for separately according to agreements that will be reached in writing between the Parties. Except for any exclusions provided by law, in case of late payment of the Price, the interest provided by Legislative Decree 231/2002 shall apply from the first day of delay, without the need for a formal notice of default.

7. Purchaser’s Right of Withdrawal

The Company, unless otherwise indicated in the Documentation, grants the Purchaser the right to withdraw from the Contract, for any reason, up to 48 (forty-eight) hours before the start date of the service performance (the “Deadline”). In the event of withdrawal, the Company reserves the right to propose an alternative service to the Purchaser. If the withdrawal occurs after the Deadline, the Purchaser shall be required to pay the Company, as a penalty, an amount equal to 100% (one hundred percent) of the Price, inclusive of taxes.

8. Purchaser’s Responsability

The Purchaser undertakes, also pursuant to Article 1381 of the Italian Civil Code regarding third parties to whom the Service may have been resold and/or provided and/or made available and/or donated, to ensure polite, calm, and quiet behavior is maintained on the vehicles during the Service, and in particular: (i) not to speak to the driving personnel during the journey, except to report emergency or necessary situations; (ii) to wear and fasten seat belts; (iii) to remain seated, avoiding, in the case of buses, walking and occupying the central aisle; (iv) to comply with all safety instructions transmitted by the Company and/or provided by the driving personnel; (v) not to travel in a state of drunkenness or intoxication; (vi) not to use substances that could activate the onboard signaling systems (such as cigarettes and similar services such as electronic cigarettes and heated tobacco products); not to use drugs, narcotics, alcohol, and any other illegal substances during the journey and on board the vehicles; (vii) to respect and maintain the cleanliness of the vehicle; (viii) to use and operate the safety devices present on board the vehicle (e.g., emergency hammers, emergency doors, etc.) only in necessary and emergency situations; (ix) to use the onboard devices and equipment (e.g., vending machines, tables, footrests, armrests, toilets, etc.) appropriately and without causing damage, breakage, and/or wear; (x) not to lean on doors and windows. In case of violation by the Purchaser of the conduct obligations, the Company may refuse to provide the service or suspend it, even with the intervention of law enforcement if necessary, without any right of the Purchaser to a refund of the total amount paid for the Service. The Purchaser shall be held responsible for any and all damages suffered by the Company and/or third parties and/or Passengers due to the aforementioned violations. The Purchaser shall also bear the costs attributable to extraordinary cleaning interventions, restoring the vehicle to its ordinary conditions, and the costs attributable to the vehicle’s downtime for its restoration due to damages caused by the violation of the conduct obligations specified in this article.

9. Changes by the Company

The Company reserves the right to unilaterally modify the conditions of the Contract, other than the Price, where the modification is of minor importance. The communication is made clearly and precisely through a durable medium, such as email. In the event of a delay in the performance of the Service exceeding 1 hour by the Company, the Purchaser shall be entitled, as a penalty, to receive an amount equal to 30% (thirty percent) of the Price, net of taxes. The aforementioned penalty does not apply in case of delays not attributable to the Company.

10. Luggage Transport

The quantity and dimensions of the luggage must be communicated at the time of booking to ensure that an appropriate vehicle is arranged for their transport. The driver may refuse to load non-compliant or undeclared items, excess luggage, or luggage that is not in suitable condition for transport (e.g., dirty, wet, of dubious origin, etc.) that could compromise the safety conditions of the journey and the integrity of the vehicle. All personal effects are transported under the exclusive responsibility of the passengers who declare their ownership. Liability for theft, damage, or loss of luggage not caused by the driver’s negligence cannot be contested against either the Company or the driver.

11. Company Liability

The Company undertakes, in every reasonable way, to bring its clients to their destination on time, provided that the transport times have been correctly calculated by the client at the time of booking and will not be responsible for delays due to force majeure. The Company is liable for damages caused to the Purchaser due to total or partial non-performance of the contractually due services, whether these are performed personally or by third-party service providers, unless it proves that the event was caused by the Purchaser (including independently taken initiatives during the execution of the purchased services) or by circumstances beyond the provision of the services stipulated in the Contract or by circumstances that the organizer could not reasonably foresee or resolve according to professional diligence. The Company’s liability for losses and damages resulting from vehicle breakdowns, failure or delay in providing the Service, availability of a vehicle of a different category than booked, deterioration of goods, damage or loss of luggage, or any other kind of damage is excluded, except in cases of willful misconduct or gross negligence. Similarly, liability for damage to items transported or forgotten in the vehicle is excluded, except in cases of willful misconduct or gross negligence. In any case, costs, losses, or other damages caused to the user and attributable to the Company, except in cases of willful misconduct or gross negligence, will only be reimbursed within the limits of the value of the requested service. The Purchaser, acknowledging the possible issues not dependent on the Company that by the nature of the Service could cause delays and/or cancellations, accepts the risk and exempts the Company from any liability for potential losses related to other trips, events, transport, and, in general, subsequent or dependent occasions from the Service, except in cases of willful misconduct or gross negligence.

12. Company Liability Towards Third Parties – Purchaser Liability for Third Parties

Except for mandatory liability limits provided by law, with reference to the performance covered by the Contract and/or the Service and/or the Documentation, the Company is solely responsible towards the Purchaser, excluding direct liability towards third parties to whom the Purchaser may have resold and/or provided and/or made available and/or donated the Service. In the event that the Purchaser has resold and/or provided and/or made available and/or donated the Service to third parties, the Purchaser undertakes to indemnify and hold the Company harmless from any damages of any kind caused by third parties to the Company and/or to assets belonging to it, without any value limit.

13. Force Majeure – Technical Causes

The Company is not responsible for any non-performance, even partial, caused by force majeure events or events that delay its activity or that of its suppliers and/or collaborators. If for technical reasons, force majeure, or unforeseeable events, the Company cannot fulfill the Orders in whole or in part, it is entitled to cancel the Order and/or withdraw from the Contract and/or propose an alternative service without the Purchaser having the right to claim compensation for damages, either direct or indirect.

14. Insurance

The Services are covered by the following insurance: UNIPOL SAI with the highest limits available on the market as of 05/20/2024:
Euro 50,000,000.00 for vehicles up to 20 seats;
Euro 100,000,000.00 for vehicles with more than 20 seats.
All vehicles used for the performance of the Contract are covered by R.C.A. insurance in accordance with current laws. The R.C.A. of the vehicles guarantees third-party liability insurance coverage, including transported persons, animals, or things (excluding those transported), with a single and comprehensive limit at least equal to the minimum required by law.

15. Personal Data Processing Information

The personal data provided may be processed in relation to the Company’s activities. The data, whose provision is mandatory to fulfill contractual and legal obligations, will be processed in compliance with the regulations with the support of paper and/or IT means, using tools suitable to ensure their security and confidentiality. Failure to provide the data will be evaluated concerning the importance of the denied data concerning the management of the commercial relationship. The data may be communicated in Italy and/or abroad to all those who, whether natural or legal persons, need to process them for the fulfillment of obligations related to the commercial relationship. The Purchaser may at any time exercise the rights to know, obtain the deletion, rectification, updating, and integration of their data, as well as object to their use for the purposes indicated here. The data controller is the Company indicated in the header of this document.

16. Jurisdiction and Applicable Law

Unless mandatory, for all disputes arising from the execution of the sales contract, the exclusive jurisdiction will be the Court of Florence. For matters not covered by these T&C, Italian law will apply.