for Cooperation with Carriers
This document constitutes a public offer of the ByCAR service (hereinafter referred to as the “Agent”) to enter into a cooperation agreement under the terms and conditions set forth below.
Acceptance by the Carrier of a booking request from the Agent, confirmation of availability to perform a transfer, or actual performance of a booking shall constitute full and unconditional acceptance of this Public Offer.
1.1. The Agent identifies customers and transmits passenger transportation booking requests to the Carrier.
1.2. The Carrier independently and in its own name provides transportation services to passengers.
1.3. The contract of carriage arises directly between the Carrier and the passenger.
1.4. The Agent is not a carrier, does not organize transportation, and does not assume any obligation to transport passengers.
2.1. The Carrier acts as an independent contractor.
2.2. This cooperation does not create any relationship of representation, agency with authority to bind, partnership, joint venture, or employment.
2.3. The Carrier shall not act on behalf of the Agent nor create the impression that the Agent is the provider of transportation services.
3.1. The Carrier represents and warrants that it holds all licenses, permits, registrations, and authorizations required to lawfully perform passenger transportation services in the country where the service is provided.
3.2. The Carrier is solely responsible for:
compliance with applicable transportation regulations;
compliance with tax obligations;
the technical condition and legal compliance of the vehicle;
compliance with legal requirements applicable to drivers.
3.3. Upon request of the Agent, the Carrier shall provide copies of documents evidencing its legal compliance.
The absence of valid licenses or permits shall constitute a material breach of this Public Offer.
4.1. The Carrier shall maintain valid civil liability insurance covering bodily injury, death, and property damage to passengers and third parties.
4.2. The insurance coverage shall comply with the mandatory requirements of the country where the service is provided and shall in no case be less than EUR 1,000,000 per insured event, unless a higher statutory limit applies.
4.3. Failure to maintain valid insurance shall constitute grounds for immediate termination of cooperation.
5.1. The Carrier shall personally perform accepted bookings.
5.2. Subcontracting or delegation of performance to third parties is permitted only with the prior written consent of the Agent.
5.3. Where a third party is engaged with the Agent’s consent, the Carrier shall remain fully liable for the acts and omissions of such third party as for its own.
5.4. Unauthorized delegation of a booking shall constitute a material breach of this agreement.
6.1. The Carrier bears full and independent responsibility toward passengers for the proper performance of transportation services.
6.2. The Carrier shall fully indemnify and hold harmless the Agent from and against any losses, damages, penalties, administrative fines, claims, liabilities, legal costs, and other expenses arising out of or in connection with:
absence of required licenses or permits;
absence of valid insurance coverage;
unauthorized delegation of a booking;
bodily injury or property damage to passengers or third parties;
violation of applicable laws;
claims brought against the Agent as a result of the Carrier’s acts or omissions.
6.3. The indemnification obligation shall include legal defense costs and expenses incurred by the Agent.
7.1. The Agent shall be entitled to a commission for each booking transmitted to the Carrier.
7.2. The commission shall be deemed earned upon confirmation of the booking by the Carrier.
7.3. The method and timing of payment of the commission shall be agreed separately between the parties.
8.1. The Carrier shall not enter into direct contractual relationships with customers introduced by the Agent without the Agent’s prior written consent for a period of twenty-four (24) months following the last completed transfer.
8.2. In the event of breach, the Carrier shall pay the Agent a contractual penalty of EUR 1,000 per customer, without prejudice to the Agent’s right to claim additional damages.
9.1. The Agent may immediately terminate cooperation in the event of:
absence of valid licenses;
absence of valid insurance;
unauthorized delegation of a booking;
material breach of the terms of this Public Offer;
actions causing reputational damage to the Agent.
10.1. This Public Offer shall be governed by the laws of the Italian Republic.
10.2. Any disputes arising out of or in connection with this Public Offer shall be subject to the exclusive jurisdiction of the competent court at the place of registration of the Agent.