Terms and Conditions of Service for I Link
The Service (hereinafter the “Service”) can be used solely by registering with this platform (hereinafter the “Website”). Registration is allowed solely in accordance with the terms and conditions hereunder to holders of a driving licence (hereinafter the “Users”) issued by a State of the European Union at least 12 months before this registration.
The Service allows a Leasys customer, as defined hereinbelow, to make available one or more Leasys vehicles (hereinafter the “Vehicle”) for use by a User, as defined hereinbelow.
The word “Player” shall mean the natural person that can allow the User to utilize the Vehicle on a free-loan basis.
The word “User” shall mean the natural person that can receive the Vehicle for use by the Player on a free-loan-basis
Failure to comply with the provisions of these Terms and Conditions shall cause Players and/or Users to be held liable for every event deriving from and/or attributable to such failure.
Leasys, in its capacity as owner of the Vehicle, agrees to the temporary utilization by Users of this Website in a departure from the relevant provisions of the General Terms and Conditions entered into with Players to rent the Vehicle. This departure shall be valid and effective solely for the period in which Players are registered with this Website and shall become immediately invalid and ineffective as soon as a Player is no longer registered with the Website, for any reason and without the need for an explanation.
Use of Service – duties and obligations
1) Registration with the Website is subject to the full acceptance, without any limitation and/or reservation, of these Terms and Conditions. Registration with the Website is also subject to the positive outcome of the registration process, which outcome shall be determined by Leasys in its unfettered judgment.
2) The Service can be utilized only by Players and Users registered with this Website. The Vehicle can be utilized solely by Users registered with this Website who have had a valid driving licence for at least 12 months.
3) When they utilize the Vehicle, Users undertake not to allow third parties to utilize the Vehicle, even though the third parties may be other Users. Users hereby accept that Leasys may – at any time and for any reason – inspect the shared Vehicle and, to that end, they guarantee their utmost cooperation. Users hereby accept also that, in case of recall campaigns involving the shared Vehicle, such Vehicle shall be returned immediately to the Player.
4) The Vehicle must be used in accordance with the Rules of the Road, the Civil Code and in general in accordance with any laws and regulations governing the Vehicle’s circulation, as well as with the care of the prudent person.
5) Players may make available the Vehicle on the Website for a period that cannot exceed 21 (twenty-one) consecutive days per month. Players hereby undertake to check and ensure the fitness to drive of Users to whom the Vehicle is made available temporarily, holding Leasys harmless and indemnified against any claim by anybody and deriving from the non-compliance or the incorrect compliance with this article, bearing sole and full responsibility for negligent entrustment.
6) Users - in the period of utilization of the Vehicle, which can never exceed 21 (twenty-one) consecutive days per month – shall be responsible for the proper utilization of the Vehicle.
7) Users shall be responsible toward third parties for any consequence arising from any reckless or improper use of the Vehicle. Users shall be fully liable for the holding and circulation of the Vehicle from the moment the “Open” functionality is enabled on the Website and until such time as the “Return” functionality is enabled.
8) Once they have returned the Vehicle, Players shall check the enablement of the “Resume” functionality on the Website.
9) In case of theft, robbery, loss of possession/dispossession of the Vehicle for any reason, Users are required to notify Players immediately and to file a charging report with the competent Authorities within 24 hours of the event. The original charging report shall be sent to the Customer who, in turn, shall notify Leasys at the following contact point in accordance with the procedures laid down in the Information Manual within 48 hours of the event. As soon as Players take possession of the Vehicle again, they shall verify that the “Resume” function on the Website is properly enabled.
10) In case of accident during the utilization of the Vehicle, Users are required to notify Players immediately and to prepare and sign the accident report (CID form) when the accident occurs and to sign any report issued by the Authorities that came to the scene of the accident (Local Police, Police and/or other competent Authorities).
In these cases Users are required to submit the above documents to Players who shall, in turn, send copies of such documents within 24 hours of the accident to email@example.com.
In the event that the Vehicle can no longer be used, Users shall contact at once Players, who shall take action as provided for by the rental agreement signed.
11) Players and Users are aware and accept that all procedures, terms and conditions governing the use of the Vehicle – including, but not limited to, manner, place and hour of Vehicle pick up/return, as well as any expense reimbursement for its utilization – are set autonomously between them. In particular, regarding the reimbursement of any expenses deriving from sharing the Vehicle, Leasys – in reiterating the prohibition from deriving monetary gains from the Service – refers to the compliance with the specific provisions indicated on the Website and, particularly, article 12 of these Terms and Conditions.
12) Players may receive monetary amounts from Users for the temporary use of the Vehicle. These amounts shall be small and only to reimburse the expenses for utilizing the Vehicle (including but not limited to the reimbursement of fuel costs). Any other qualification of these expenses is hereby considered unacceptable by Leasys.
Any of the amounts under this article shall be agreed upon solely between Players and Users without Leasys’s involvement. In addition, any such amount shall be paid from Users to Players without Leasys’s involvement.
By accepting these Terms and Conditions, Players hereby take any and all responsibilities with respect to the preceding provisions. In particular, Players shall be required to comply with all the applicable tax laws and rules, and any subsequent amendment and supplement thereto, hereby taking full civil, penal and tax responsibility for any violation and related sanctions.
13) Leasys shall not be held responsible for any malfunction of the Website, though it shall endeavour for any such malfunction to be corrected in as short a period of time as possible.
14) Leasys, in its own unfettered judgment and/or upon any report by Players, hereby reserves the right to exclude from the Website and to prohibit access to the Service in the presence of irregularities, including but not limited to, the breach of just one of these Terms and Conditions. Leasys reserves the right to exclude Users from the Website in case of failure, partial as well, to comply with these Terms and Conditions.
15) Leasys, which shall not be held liable therefor, also reserves the right to exclude Users from the Website and to prevent Players from using the Service.
16) Users are aware and accept that registration with the Service and the Website does not automatically entail the right to utilize the Vehicle and that this condition is subject to Players’ unfettered judgment. No claims can be put forth by Users against Leasys or against Players in the event that the Vehicle is not utilized and regardless of the moment in which Players notify Users that the Vehicle is no longer available and/or otherwise of the moment in which they have knowledge of such lack of availability of the Vehicle. Users also accept that Leasys reserves the right, at any time and without the need for prior notifications and/or explanations, to suspend and/or discontinue the functionality and the services of the Website and/or disable the single username without this giving rise to any right of any kind for Users.
17) Players shall hold Leasys harmless against any claim and/or action that Users and/or third parties might put forth against Leasys.
18) In case of theft of the Vehicle by anybody, Players undertake to: (i) report the event to the competent authorities within 20 (twenty) days of the date of the event; (ii) send to Leasys in advance by e-mail, at firstname.lastname@example.org, a copy of the charging documents filed with the Authorities; (iii) send to Leasys the original of the charging documents within 15 (fifteen) days of the date of filing of such documents; and (iv) pay Leasys the monthly rental for the month in which the event occurred.
In the absence of further communication by Players, and after a period of 60 (sixty) days from the date of the event (as attested by the charging documents), Leasys - also in case the event was due to negligent entrustment of the Vehicle and/or a Player’s generic and/or specific fault – shall have the right to terminate the Rental Agreement concerned and to bill the Player for the commercial value of the Vehicle for an amount equal to that indicated by Eurotax Giallo as of the date of the event.
In case the Vehicle is not found, Players may– with a written notice to Leasys within 30 (thirty) days of the date on which the Vehicle is found indicating the option chosen – either
- continue with the Rental Agreement; in this case Leasys will continue to bill for any payment due; or
- return the Vehicle to Leasys, which will pay Players (who have already paid the commercial value of the Vehicle indicated in Eurotax Giallo as of the date of the event) the realizable value, though without any obligation toward Players or third parties in general to sell at the best market conditions.