General Terms And Conditions

General

These General Terms and Conditions apply to all contracts entered into between the company Silbernagl GmbH (hereinafter “the Provider”) and users regarding the www.altoadigetransfer.com carriage service  (hereinafter “the Service”), which they form an essential and integral part of. The Service is provided by the company Silbernagl GmbH in the form of a car rental service with driver, including by third-party car rental drivers, and comprises a shuttle service extending throughout South Tyrol for tourists of all countries of origin from the most important mobility hubs in the province to their final destination (commercial and non-commercial accommodation facilities) and vice-versa.

The appointed drivers are trained to carry out the Service and have a command of German and Italian languages and where possible of English. The drivers are seen as ambassadors of South Tyrol as a holiday destination and should therefore offer users a correspondingly high quality service.

1. Definition
1.1. Car rental service with driver is deemed to mean entering into a carriage contract and hence the paid rental of a vehicle with driver for a specific distance. The carriage contract can take the form of either an individual or group transfer. In the latter case, the vehicle is shared with other users.  

2. Scope of Service
2.1. The scope of the Service and carriage tariff are based on the price list in force at the time the offer was submitted. The right to carriage exists in principle only for the time agreed upon. The user is requested to check that the departure and arrival times of long-distance buses, trains or flights on the order confirmation match with the departure and arrival times set out on the bus, train or flight tickets. In the event of any changes to these, the user must inform the Provider in good time. No liability shall be accepted for the consequences in the event that the user provides incorrect data and the Provider’s obligation to provide carriage shall lapse.

2.2. The main Service comprises the chargeable provision of a vehicle complete with driver (carriage) for a group or individual transfer or, depending on the offer, a return transfer, from one of the mobility hubs to the final destination.

2.3. Any special services and/or specific requirements shall be defined on a case-by-case basis when the order is placed or confirmed and shall be deemed on the part of the Provider as valid and effective through the order confirmation. These amongst others are deemed as special services and are guaranteed by the Provider on request: accessibility (at no extra charge, for bookings made at least 3 (three) days before the start of journey); bike transportation available at an extra cost of 10.00 euros (for bookings made at least 3 (three) days before the start of journey); transportation of dogs and other pets (available at an extra cost; compulsory use of muzzles and leashes, otherwise in suitable transport boxes).

2.4. In all cases, the Service excludes the supervision of: guests (regardless of whether they are minors or adults), animals (unless explicitly requested as a special service and accepted by the provider) and belongings (luggage), as well as all other services (such as processing entry procedures, visas, customs, etc.), which go beyond the main Service set out in Art. 2.1 hereinabove.

2.5. If the user’s train or long-distance bus is delayed, a group transfer shall wait for 15 (fifteen) minutes for it to arrive. In the event of delays of more than 15 (fifteen) minutes, carriage is still guaranteed, though in this case the user is obliged to pay the extra cost of the individual transfer in addition to the group transfer. If a group transfer is planned later for the same day, the user may take advantage of this without any additional charge. If the user in the above-cited case (delay of more than 15 (fifteen) minutes does not wish to pay the surcharge for the individual transfer or take advantage of the later group transfer with no surcharge, this may not be deemed under any circumstances as non-performance on the part of the Provider, and the user shall not be entitled either to a refund of the price paid or to any claim for damages, on any grounds whatsoever.

2.6. In the event that the user’s train, long-distance bus or flight is delayed, an individual transfer shall wait free of charge for 30 (thirty) minutes for the delayed user to arrive. Should the waiting time exceed 30 (thirty) minutes, the user shall be charged an additional 20 (twenty) euros for each commenced half hour.

2.7. The performance of the Service on the part of the Provider is linked to the actual accessibility of the final destination. If the final destination cannot be reached by minibus (8 seats) for legal or technical reasons (eg. a refuge, accommodation located in a nature park, road conditions, etc.), the scope of Service includes transport to the nearest place to the final destination considering the circumstances. This means such places from which the onward journey is either objectively not possible or in any case not possible without exposing the rental car driver and/or passengers to a legal or real risk.

The payment for the provision of the Service in this case is due only for the distance effectively travelled and the user in this case, subject to a reduction in price, shall not be entitled to assert any claims for compensation, for any reason whatsoever.

2.8. In order to ensure as low as possible an impact on the environment, it may become necessary in certain circumstances to change vehicles a maximum of one time during group transfers.

2.9. Group transfers (a combination of destinations for several passengers or groups) may take up to a maximum of 50 (fifty) per cent longer to complete than a direct connection. From a direct travel time of 50 (fifty) minutes upwards, the aforesaid percentage is reduced by 10 (ten) per cent for every 10 (ten) minutes’ travel time.

3. Changes to the Service
3.1. The Provider cannot be held responsible for any changes to the Service (delays in departure and arrival times) due to objective circumstances (eg. natural disasters, unforeseeable traffic conditions, technical faults of the properly maintained vehicle or road blocks) hence the user in this case shall not be entitled to any claims whatsoever for compensation.

3.2. If in the aforesaid cases, there is a lengthening of the distance travelled of over 10 (ten) kilometres, the Provider shall charge the user an additional cost, which shall be calculated as follows: for group transfers, from the 11^th (eleventh) kilometre onwards, an addition 0.3 euros per kilometre per person, for individual transfers 0.9 euros per kilometre.

3.3. A waiting time to be picked up of over 2 (two) hours, also as a consequence of the unforeseeable circumstances referred to in Art. 3.1, entitles the user to withdraw free of charge, provided that the journey has not yet commenced and the Provider is notified by telephone. In this case, there is no entitlement to the compensation provided for in Art. 6.2.

Unilateral changes to the Service by the user require the written consent of the Provider. 

4. Bookings
4.1. Transportation is guaranteed though online bookings made up to 5.00 pm on the day prior to travel. Neither group nor individual transfers can be guaranteed for bookings made later. Telephone lines however are guaranteed to be open for general enquiries 7 days a week from 8.00 am to 6.00 pm. In emergencies, a dedicated telephone number can be contacted 24 hours a day (see Art. 10). 

5. Tariffs and Methods of Payment
5.1. The tariff for the use of the Service is agreed between the Provider and user in writing and any subsequent differing agreement relating to this must also be made in writing.

5.2. Except in the event of a written agreement to the contrary, payment must be made either online using the payment options provided on the Internet portal or in cash to the driver.

5.3. The pricing plan sets a “group transfer” tariff and a higher tariff for an “individual transfer”. The user must explicitly state his preference when ordering the Service.

5.4. The tariff includes, except in the case of agreement to the contrary, the cost of fuel, motorway tolls and parking fees, as well as all taxes and duties laid down by law. 

6. Right of WIthdrawal
6.1. The user is entitled to withdraw from the contract free of charge up to 72 (seventy-two) hours before the journey start time.

6.2. Subject to the right set out in Art. 6.1., the Provider shall charge the user the following penalties:

• Withdrawal from 48 (forty-eight) to 24 (twenty-four) hours before the start of the journey: 50 (fifty) per cent of the tariff;
• Withdrawal less than 24 (twenty-four) hours before the start of the journey: 100 (hundred) per cent of the tariff.

6.3. Changes to bookings or exercising the right of withdrawal is only possible online up to 6.00 pm on the day before the journey starts. Changes to bookings incur a fee of 2.50 euros per journey booked. 

7. Liability
7.1. The Provider is liable, in accordance with its legal obligations, to exercise diligence in the proper performance of the Service, and declares that it possesses the relevant licences and has provided the necessary insurance policies.

7.2. The Provider is not liable for any damage to persons or property caused by intentional or negligent behaviour by the user or force majeure or fortuitous events.

7.3. As regards luggage and valuables, the Provider assumes no liability except in the case of intent or gross negligence.

7.4. For delays and the consequences thereof (missing a long-distance bus, train or flight), the Provider is only liable for intent or gross negligence and under no circumstances for force majeure or fortuitous events (such as unforeseeable traffic conditions, a technical fault of the properly maintained vehicle, etc.). The user however is advised on an appropriate departure time, which takes into account and factors in various foreseeable delays. 

8. Conduct and Obligations of the User
8.1. Passengers are obliged to strictly comply with legal requirements (such as wearing a seat belt) as well as the instructions of the driver and the Provider’s representatives. Alcohol and drug use as well as smoking are strictly forbidden. In the event of non-compliance, the user may be excluded from the Service without any entitlement to claim compensation for damages.

8.2. In the event of intentional and grossly negligent damage to the vehicle by the user, the latter shall be liable for the damage caused. In this case, the Provider expressly reserves the right to assert its interests through the criminal justice system.

8.3. Should an administrative or criminal fine or penalty (such as violation of the Highway Code) be imposed on the Provider as a result of misconduct by the user, this shall be compensated by the user simply upon request. 

9. Applicable Law, Place of Jurisdiction, Ineffectiveness of Individual Provisions
9.1. The transportation Service, the corresponding contract and these General Terms and Conditions are subject to Italian law.

9.2. The exclusive place of jurisdiction for any litigation arising in connection with the transportation Service, the corresponding contract and these General Terms and Conditions is Bolzano.

9.3. The invalidity/ineffectiveness of individual provisions does not affect the validity/effectiveness of the contract. 

10. Notifications
10.1. All questions, enquiries, complaints and communications arising in connection with the present Service / contract must be sent to the following addresses:

Silbernagl GmbH

Schlernstrasse 39/1 – 39040 Seis/Siusi

E-Mail: info@silbernagl.it

PEC (certified e-mail address): silbernaglgmbh@pec.rolmail.net

Telephone no. (7 days a week from 8:00 am to 6.00 pm): +390471706633

Emergency telephone no. (7 days a week, 24 hours a day): +393355770600

Fax: +390471707400

11. Privacy
11.1. Personal data are processed in accordance with GDPR 679/2016. Detailed information on data protection and the rights of data subjects can be found at www.suedtiroltransfer.com.