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Terms and Conditions

General terms and conditions of the website and the services · Last updated June 2026

General terms and conditions of the website and the services

The website https://www.karrycar.com is a services platform operated by DROOP S.R.L., a limited liability company with registered office at Via S. Giuseppe n. 9/11, Belluno, 32100 (Italy) · VAT no. 01220490252.

This Document sets out the general terms and conditions governing the use of the Site by Users and the general conditions of the services offered on it, which are deemed to be expressly accepted, without any reservation, by using and, where applicable, registering on the platform.

The terms and conditions of use of the Site and of the services offered are drawn up in observance of and compliance with the provisions contained in Legislative Decree no. 206/2005 (Consumer Code), in Legislative Decree no. 70/2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market), in the GDPR · European Regulation no. 2016/679 on the protection of personal data, and in compliance with the specific applicable regulations.

DROOP S.R.L reserves the right to amend the terms and conditions at any time, giving specific notice thereof to Users, including by means of publication on the Site.

Definitions

In order to allow a full understanding and acceptance of these General Conditions of use of the service contained on this Site, the User accepts that the following terms shall have the meaning set out below.

DROOP: the company that owns the Site and the Services offered, with registered office at Via S. Giuseppe n. 9/11, Belluno, 32100 (Italy) · VAT no. 01220490252;
Karrycar: the web platform, operated by DROOP S.R.L., which allows Clients and Consumers to book the transport of motor vehicles online, which shall be carried out by certified Carriers that are duly under agreement and registered on the platform in compliance with the general conditions of the services.
General Conditions: the conditions applied by DROOP in the Services offered through the Site, to the Carriers, the Clients and the Consumers, as identified below;
Site: the online platform https://www.karrycar.com operated by DROOP;
Services: the services offered by DROOP on the Site, within the scope of vehicle forwarding contracts and/or ancillary services;
User: any party that uses the online platform karrycar.com;
Client: the User who acts within the scope of its own professional activity and who, after duly registering, uses the services offered by DROOP on the Site; or the Consumer, that is, the natural person, of legal age, who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity, subject to the rules set out in Legislative Decree no. 206/2005, as subsequently amended and supplemented, who uses the services offered by DROOP on the Site;
Carrier: the transport company, or services company, which, after duly registering on the platform, offers the Services requested by the Clients and the Consumers;
Driver (Autista): the party who physically performs the transport service on behalf of the Carrier;
Driver: the party who physically performs the transport service by driving on behalf of the Carrier.
Recipient: the party to whom the vehicle is intended;
Order/Orders: requests for Services through the Site, by Clients or Consumers.

General conditions for Users

1. Subject matter of the service offered

By submitting the individual Order, the Client grants DROOP a mandate to conclude, in its own name and on its own account, a vehicle transport contract and the ancillary operations, on the basis of these General Conditions.

2. Registration

Browsing the Site is freely permitted to any User. In order to use, or to offer, the services, prior registration on the Site is recommended. Registration on the Site is to be regarded as a legal act for all purposes which, as such, may be carried out exclusively by natural persons, or by representatives of legal persons, having the capacity to act in accordance with the provisions of law. To request registration for the service offered through the Site, each User must:

complete the relevant form by entering mandatory and optional data;
confirm digitally the acceptance of these General Conditions of the service;
confirm digitally that they have read the Privacy notice · updated in line with the GDPR (General Data Protection Regulation);
sign with a digital signature — the Clients the contract for the supply of services, the Carriers the Transport contract — which are published on the Site.

Registration is on a strictly personal basis, and the possibility of allowing third parties to join and use the Site through one’s own account is excluded. In the event of a breach of the provisions of the General Conditions, DROOP reserves the right to give reasoned notice of exclusion from the use of the Site.

3. Account protection

At the time of registration, the Client will be asked to create a key to access the platform (“password”). DROOP recommends using a combination of alphanumeric and special characters for its composition in order to increase the protection of one’s account. The Client is the sole and exclusive party responsible for the management and maintenance of its own account, especially with reference to the case in which the access key is disclosed to third parties. Should the Client be unable to access its own account, or have forgotten the password, it is required to give immediate notice thereof to DROOP in order to limit the possible harm of the loss of the password, with appropriation by third parties.

4. User’s warranties

The User warrants and declares, assuming the related civil and criminal liability, that:

registration will be carried out by providing truthful information;
each individual Order will contain true and complete information (with reference to, but not limited to, the type and condition of the vehicle, the personal details of the recipient and the sender, the shipping data, the value of any insurance coverage, etc.).

5. Intellectual Property Rights

The rights of ownership, exploitation and use of the software implemented by DROOP for the Services, as well as any template, technical architecture, IT product, source code and/or object code that make up the platform itself (the “Intellectual Property Rights”), are owned by DROOP and shall not be transferable to the User, who has only a temporary, non-transferable access profile, usable by means of a username and password specifically assigned.

The User undertakes to use the Intellectual Property Rights solely for the performance of the Service, with an express prohibition on using the Intellectual Property Rights for purposes other than those indicated in these General Conditions. In particular, each User undertakes:

not to use the Intellectual Property Rights for purposes other than those provided for by the General Conditions and to refrain from carrying out, directly or through an intermediary · including its own employees, collaborators, sub-suppliers, etc. · any action or omission liable to harm the Intellectual Property Rights of DROOP;
upon termination of the contractual relationships, to cease immediately the use of the Intellectual Property Rights, returning any document or copy relating to the “Karrycar dashboard” application.

6. Manner of provision of the services

Once a transport request has been opened by the Client and the quote generated by the Site has been accepted, the Order is forwarded to the Carrier selected by the platform. Carriers will receive a notification whenever the transport request made by the Client involves one of the geographical areas pertaining to them.

Timing and Communications

Once the booking of the Service by car transporter, or Driver, or Intermodal, has been finalised, the appointed Carrier will deliver the vehicle by the date indicated in the Order. DROOP, through the Site, or the Carrier, will communicate the vehicle collection and delivery date with approximately 24 hours’ notice. Flexibility of dates and times is required for the Carrier’s logistical and organisational reasons. Such communications will be carried out by telephone, or by other means of communication.

Performance of the Service by Car Transporter

The appointed Driver will go to the point of departure and will receive the transport document, with the precise data relating to the external conditions of the vehicle.
The Driver will take charge of the vehicle that is the subject of the Service, will move it by road in the agreed manner and will bring it to the delivery point with the necessary documents and the Client’s signature confirming that delivery has taken place.

Performance of the Driver or Intermodal Service

The appointed Driver will go to the point of departure and will check the external and internal conditions of the vehicle before moving it, completing · together with the owner of the vehicle · a document precisely indicating the data of the vehicle and the aforementioned conditions, if necessary with the attachment of relevant photographic documentation.
The Driver will carry out the movement of the vehicle by road in the agreed manner, driving it to the point of destination, presenting the necessary documents and collecting the Client’s signature confirming that delivery has taken place.

The Driver Service shall cover any movable vehicle, including on the motorway, requiring a category B licence (motorcycles excluded). The Client is responsible for the good state of maintenance and use of the vehicle, which must have undergone its regular roadworthiness inspection. From the moment of collection to the moment of delivery, the Carrier assumes all liability connected with the use of the vehicle. It shall be the Carrier’s responsibility to handle the traffic fines notified to Clients during the Driver Service. To this end, the Client must immediately notify DROOP of the penalty served.

7. Rules for the Client

The automatic acceptance of the quote generated by the system entails the client’s obligation to pay the amount due to DROOP. The amounts paid may be refunded solely in the case in which the transport is not completed for serious reasons such as to constitute an unjustified breach by the Carrier, pursuant to the provisions of articles 1218 and 1681 of the Italian Civil Code, or in the case of impossibility of the transport. The refund of the amount paid by the Client is permitted if requested by the Client at the e-mail address amministrazione@karrycar.com only in the absence of a transport alternative and subject to DROOP ascertaining the existence of the prerequisites necessary for the refund, identified in the preceding paragraph.

In the case of delivery on public land, the Client undertakes, upon receipt of the vehicle, to display a valid insurance certificate, evidencing insurance coverage from the date and time of delivery, and to produce a driving licence that is in force. In the case of transport by Driver, the Client undertakes to ensure the roadworthiness of the vehicle to be transported and that the same is compliant with road traffic regulations (valid roadworthiness inspection, tyre tread depth greater than 3mm, intact rear-view mirrors, working lights, etc.). In the case of transport by Driver, should the car not be registered, collection must take place with a trade plate (targa prova) duly insured with a leading insurer, with Kasko (all-risks) coverage on behalf of the Carrier. In the case of transport by Driver, the transport may be combined · for some legs and for some kilometres · with transport by car transporter. In the case of transport by car transporter, the regulations in force at the time of the transport apply.

Objects in the vehicle

Clients are prohibited from leaving in the vehicle to be transported any objects, personal effects, or the original vehicle registration document, of which a copy must be present inside the vehicle. DROOP shall have no liability for the possible loss of, or for any damage relating to, the aforementioned objects or personal effects left in the vehicle. Inside the vehicle there must be no object that can be defined as goods; this also includes spare parts or tyres.

7-bis. Penalties

Any penalties, indemnities or amounts claimed on any basis by the Client from DROOP in relation to the Services must be agreed in advance in writing between the Parties and specifically signed, on pain of being ineffective. No penalty may be raised against DROOP unless previously negotiated, quantified and accepted in writing by both Parties before the performance of the service to which it relates. The Client hereby waives the right to assert claims for lump-sum compensation or contractual penalties that have not been the subject of a specific written agreement pursuant to this article.

8. Limitations of liability and indemnity

In the event of a dispute concerning the individual Services:

the warranties in favour of the Client are those granted to DROOP by the appointed Carriers;
any liability and claim for compensation by the Client must be brought directly against the appointed Carriers;
in any event, the direct, or even merely joint and several, liability of DROOP for direct, indirect, commercial damages, lost profits and loss of earnings suffered by the Client is excluded.

As regards damage to or loss of the vehicles being transported, the appointed Carrier shall be liable within the limits of the law. DROOP declares that it has taken out a professional Civil Liability policy (forwarder liability) to cover its own liability for culpa in eligendo pursuant to article 1739 of the Italian Civil Code. DROOP’s professional Civil Liability policy does not replace any liability of the appointed Carrier. The Client’s right to take out its own supplementary insurance policy to cover the value of the transported vehicle remains unaffected.

DROOP does not accept the carrying out of activities of taking into custody and/or of transport relating to goods:

that are dangerous and may cause harm to persons, animals, other goods or property, or that are subject to deterioration, are without packaging or with insufficient and/or inadequate packaging. Dangerous goods means goods classified as “dangerous” by IATA, IMO, ICAO, or covered by the ADR/RID rules.
considered “prohibited” by the Carriers, such as, by way of example and not limited to: valuables, coins, live animals, firearms, ivory and ivory objects, negotiable instruments and prepaid cards, passports, bids to participate in public or private tenders, pornographic material, perishable goods, animal hides, furs, tobacco and products containing tobacco.

Should the two categories of goods mentioned above be entrusted to the Carrier without the prior consent of DROOP, or should the Order be accepted on the basis of incorrect, incomplete, or untruthful information in relation to the nature, or the value, of the goods, DROOP shall have the right, where the transport has nonetheless been carried out, to suspend, or delete, the account of the Client and of the Carrier that have engaged in such breaches, without prejudice to compensation for the related damages in favour of DROOP. Any liability towards third parties, in relation to the concealed nature of the content of the transport, is attributable solely to the Client; DROOP assumes no liability for facts, events and circumstances relating to such transports; nor is it liable for the performance of the transports and, consequently, for the successful outcome thereof, or for the loss and/or damage of the contents, for any cause whatsoever.

DROOP assumes no liability:

for the refusal of a refund and/or of compensation for damage by the Carrier; compensation for loss or damage is limited to the maximums established by Legislative Decree no. 286/2005, as subsequently amended, for shipments within Italy, by the Warsaw Convention of 12 October 1929, as subsequently amended, for shipments by air, and by the Geneva Convention of 19 May 1956 for international shipments by road;
for delivery delays by the Carrier;
for damage caused by transport staff during the manoeuvres of moving the goods.

DROOP nonetheless asks to be informed in the event of damage and, to this end, issues the transport document (DDT), which must be completed by the Client and handed to the Driver at the time of collection of the vehicle, in order to compare it with the condition at the time of delivery. Any damage caused during the transport must be reported on the DDT at the time of delivery, with the signature of the Driver and the Client. With the claim for compensation, the Client must enclose:

the transport document signed by the Driver with evidence of the damage at delivery;
photographs of the damage and of the vehicle’s number plate;
a quote from the body shop/mechanic for the repair of the damage, to be used as a purely indicative element.

There will follow the verification of the claim and, in the event of recognition of the Carrier’s liability, the verification, quantification and settlement of the actual damage by the Carrier itself.

The claim must be forwarded to the e-mail address assistenza@karrycar.com.

DROOP assumes no liability for any additional costs that the transport company may incur towards the Client (packaging, maintenance, storage, etc.). The Carrier therefore releases DROOP from any additional charge and cost incurred during the transport and may not charge any cost other than what was agreed with DROOP.

9. Confirmation, cancellation of the Order, waiting indemnity and failed collection

Once the Order has been placed, the Site will send a confirmation e-mail to the Client and the Carrier.

Cancellation. The Client may cancel an Order without any charge up to 72 (seventy-two) hours before the collection date indicated by the Carrier on the platform. Should the cancellation take place after that deadline, the Client shall be required to pay in full the consideration agreed for the Service. In the event that the Carrier has not yet indicated the collection date on the platform, the Client may cancel the Order at any time without any charge.

Waiting indemnity (demurrage). Pursuant to article 1685 of the Italian Civil Code, should the vehicle not be made available to the Carrier at the agreed place and time, after a grace period of 2 (two) hours has elapsed, the Carrier shall be entitled to a waiting indemnity (demurrage) according to the rates communicated on the platform or, failing that, according to custom. The indemnity will be charged to the Client together with the consideration for the transport.

Failed collection. Should the vehicle not be available for collection at the agreed date and place (by way of example: vehicle absent, keys not available, documentation missing, access prevented), the entire consideration for the Service shall in any event be due from the Client to DROOP.

10. Support

DROOP will make available its technical call centre so as to ensure the provision of the service, according to the following conditions:

Provision of the call centre and live chat service from Monday to Friday from 9:30 to 12:00 and from 15:00 to 17.30.
Provision of the handling service from Monday to Friday.
Customer Service will be available in Italian.

11. Prohibitions

All Users must know and comply with the rules contained in the General Conditions. Any use of the Site that does not comply with the General Conditions is strictly prohibited. DROOP is not liable for loss or damage caused by a denial-of-service attack, virus or other technologically harmful material that may affect computers, computer programs, data or other property arising from the use of the Site or the download of any material published on it, except in cases of wilful misconduct or gross negligence attributable to DROOP. The exchange of information that allows the establishment of direct relationships aimed at excluding DROOP from any future commercial relationships between the parties to the communication itself is strictly prohibited. In the event of a breach, DROOP reserves the right to suspend the author’s account and to remove and/or censor the information exchanged in a manner not compliant with the General Conditions. The services offered by DROOP are intended for exclusively personal use. It is not permitted to resell, use, copy, insert deep-links, monitor (for example through spiders, scraping), display, download, or reproduce content or information, software, product or service available on the online platform for any type of activity, on pain of suspension of the user’s account and without prejudice to any action for compensation.

It is also prohibited to: commit or facilitate an offence; transmit or disseminate viruses, trojans, worms, logic bombs, or publish any other material that is harmful, technologically damaging, that violates confidentiality or is in any way offensive or obscene; breach any aspect of the services; alter the data; cause disturbance to other users; infringe the property rights of any party; send advertising or unsolicited material, commonly called “spam”; attempt to affect the performance or functionality of the IT facilities of this website; commit or facilitate an offence. The breach of one of these prohibitions may be prosecuted in civil and criminal proceedings. The Site does not allow acts that can be classified as “spamming”, that is, having content different from the purpose and the subject matter of the services in question. This category includes acts consisting in the unsolicited sending of commercial or advertising material.

12. Possible invalidity of the clauses

The nullity of one or more clauses of the General Conditions does not entail their entire nullity. In the event that the interpretation of the General Conditions should result in the invalidity of one or more clauses, this/these would not in any way prejudice the full effectiveness of the remaining parts of the General Conditions, in light of the principles of law recognised in the Italian legal system.

13. Jurisdiction and applicable law

The Contract is governed by Italian law. All disputes relating to the interpretation, the validity and the performance of the Contract shall be devolved to the exclusive jurisdiction of the Court of Belluno (BL).

14. Hyperlinks

The Site may contain hyperlinks (links) created by Users and referring to websites operated by third parties. DROOP is to be regarded as exempt from any liability relating to the content present on such websites and to the truthfulness of the data present therein. The insertion of hyperlinks on the Site does not prejudice the third-party nature of DROOP’s position and does not imply any relationship with the managers and operators of such sites. The Site is made available to users for personal use, it being strictly prohibited to carry out any operation aimed at reproducing, misrepresenting, or emulating information present on it for competitive or commercial purposes. In the event of ascertained breaches by any party of the provisions referred to in the preceding paragraph, DROOP reserves the right to protect its position pursuant to the law and to the provisions of the General Conditions.

15. Contacts

For information regarding DROOP, the Site and the Services, it is possible to write to the address assistenza@karrycar.com.

16. Final clauses

The waiver by one party of the exercise of the rights deriving from one or more provisions of the Contract does not entail a waiver of the exercise of the aforementioned rights in the future. The Contract may not be assigned. Any agreement amending the Contract must be concluded in writing.

17. Privacy

The parties:

guarantee to each other compliance with the relevant regulations in force during the contractual relationship, including compliance with the privacy regulations in force, Legislative Decree no. 196/03 (Code on the protection of personal data, as last amended by Legislative Decree no. 101 of 10 August 2018 · hereinafter also the “Code”), European Regulation 2016/679 (hereinafter also the “GDPR”) and the other Italian regulations coordinating with the GDPR itself (hereinafter the “Applicable Privacy Regulations”), regardless of whether they make use of subcontractors;
undertake to ensure that the data acquired during the procedures for finalising the Contract and for performing the related Services will be processed lawfully and fairly in accordance with the provisions of the Applicable Privacy Regulations. To this end, each of the Parties undertakes to hold the other harmless from any liability, cost, damage, including any penalties of whatever nature, arising from the breach or non-fulfilment of the Applicable Privacy Regulations;
declare that they are aware that their respective personal data will be the subject of processing, also with the aid of electronic tools, by the personnel appointed to that end by each party, for the performance of the obligations undertaken with the Contract and of the connected regulatory fulfilments, in the manner and within the limits indicated therein;
undertake, save for the specific provisions set out in the DPA, to process the data communicated, made available, or otherwise acquired, for the purposes of performing the services that are the subject of the Contract, in observance of all the provisions of the Code and of the Regulation, also with reference to data security.
mutually undertake to maintain confidentiality over any information received by virtue of the Contract and not to disclose this information to third parties without the prior written consent of the other party. It is understood between the Parties that the confidentiality obligations referred to in this article shall not apply in the case of information: communicated to employees, agents, representatives of each Party, including, by way of example but not limited to, the operations centre, the service network, auditors, legal or financial consultants, or those providing advice of another nature, within the limits of their involvement in the conclusion and performance of the contract; that is or becomes available to the public; the disclosure of which is required by provisions of law, or regulation, or by Orders, or instructions of governmental, or regulatory, authorities.

General conditions of the Carriers

The Carrier, by registering on the Site and accepting the individual Order, undertakes to perform the Services and the ancillary services connected to it and, in particular, the collection, the transport and the delivery of the vehicles that are the subject of the individual Order, by means of its own Drivers, so-called car-transporter trucks, Drivers and any other means necessary for the transport. Registration on the site does not entail between DROOP and the Carrier any mutual exclusivity in the Services.

The Services must be rendered in the manner and under the specific conditions indicated in the Transport Contract signed by the parties at the time of registration and, for matters not provided for therein, or in the event that it has not been signed, in accordance with the provisions of the following General Conditions.

1. Subject matter

The Carrier undertakes to perform transport services on behalf of DROOP or of third parties, under the conditions indicated in the Transport Contract, set out below, and in the individual Orders.

The Carrier assumes the following obligations:

collection of the Products for delivery to the Recipients, including by means of so-called car-transporter trucks;
telephone notice to the Recipients, if requested, for the delivery of the Products;
transport and delivery of the Products to the Recipients;

The Contract does not grant the Carrier exclusivity, nor any right to a minimum quantity of Orders.

2. Orders and manner of the service

DROOP will send the individual Orders to the Carrier by e-mail, telephone, or platform. The Order must indicate:

place and time of taking the Product into custody and the name of the party at whose premises collection is to be carried out;
type of Product, in compliance with the vehicle registration document of the vehicles used for the transport;
place and time of delivery and any name of the party at whose premises delivery is to be carried out;
maximum loading and unloading times (not exceeding two hours);
manner of access of the vehicle to the unloading and loading points;
any other indication necessary for the performance of the Order.

The Carrier will inform DROOP immediately of any impossibility of carrying out the transport within the indicated terms. The transport of the Products will take place in compliance with the vehicle registration document of the vehicles. The delivery terms indicated in the Order are mandatory. In the event of delays, DROOP reserves the right to claim compensation for damages. DROOP will provide the DDT. The Carrier must note in the DDT any reservations of the recipient. In the event of refusal of the Product by the Recipient, the Carrier shall remain its custodian.

3. Carrier’s warranties

The Carrier declares and warrants that it:

is registered in the National Register of Road Hauliers for the carriage of goods on behalf of third parties;
is the owner of and/or has lawful availability of the motor vehicles used;
uses vehicles in optimal conditions for circulation on the road, efficient and safe in compliance with the regulations in force, and the standards of safety and operability suitable for the performance of the individual Orders;
fulfils the legal and contractual obligations relating to employment, social security and insurance for its own employees (DURC);
complies with the rules of the highway code;
has, where necessary, the quality Certifications referred to in article 11 of Legislative Decree no. 286/2005.

4. Carrier’s obligations

The Carrier assumes the liabilities of article 7 of Legislative Decree no. 286/2005, as amended. In the services of transport of Products by road, the Carrier must comply with the legislative and regulatory provisions on the safety of road and social circulation. The Carrier must observe the rules on tax, remuneration, contribution, social security and health matters in favour of employees and shall hold DROOP harmless for any breach. The Carrier is required to provide the D.U.R.C. that is in force and any information and/or document useful for verifying compliance with the aforementioned regulations. The Carrier undertakes to comply with the safety regulations indicated by DROOP, or by the third party at whose premises access for the loading and unloading of the Product is to be carried out. In the event that the Carrier is not compliant with the aforementioned regulations, DROOP may terminate the Contract and/or the Order immediately, without prejudice to any action for compensation. The Carrier warrants that the Services will be performed with suitable means, with regular maintenance, of environmental class Euro 6 or higher, in compliance with the specific indications of the vehicle registration document of the individual vehicle by type of Product, with the use of qualified personnel. In compliance with the circulation rules, the Carrier guarantees the timeliness of the transport of the Products and, compatibly with the obligations imposed by the rules on transport and circulation, observance of the delivery terms of the individual Orders. The Carrier also undertakes to comply with any modifications of the assignment, if required by DROOP’s needs. DROOP’s instructions, including by telephone, fax or e-mail, pursuant to article 1685 of the Italian Civil Code, regarding a change of the place of destination and, in general, any instruction that takes the form of the right of countermand, must be complied with by the Carrier, provided that they are given before the delivery of the Products to the Recipient and are compatible with the legal obligations on safety in road circulation. In the event of impediments, the Carrier is required to request instructions from DROOP immediately, keeping in custody the Product entrusted to it.

5. Sub-carriage

Should the Carrier make use of a sub-carrier in the performance of individual Orders, pursuant to article 6-ter of Legislative Decree no. 286/2005, it shall assume, with respect to the sub-carrier, the burdens and the liabilities incumbent on DROOP connected with the verification of the regularity of the sub-carrier, being directly liable therefor pursuant to and for the effects of paragraph 4-ter of article 83-bis of Decree-Law no. 112/2008, converted into Law no. 133/2008, as amended. Therefore the Carrier undertakes to:

engage undertakings duly registered in the National Register of Road Hauliers for the carriage on behalf of third parties, holding the necessary authorisations and licences;
enter into contracts with the sub-carriers that provide for the same obligations undertaken with DROOP;
hold DROOP harmless from liabilities deriving from the sub-carriage relationship or from the connected social security obligations, as well as from any claim coming from the sub-carriers engaged by the Carrier.

6. Insurance

Without prejudice to the insurance obligations regarding motor third-party liability (R.C.A.), the Carrier undertakes to take out with a leading Company an adequate policy to cover carrier liability, within the limits referred to in paragraph 1 of article 10 of Legislative Decree no. 286/2005 and without limitations in the event of gross negligence or wilful misconduct of the Carrier, or of its employees and agents, or of any other party of which it has made use for the performance of the transport, with a sum insured adequate to the value of the Products transported. The Carrier also undertakes to take out with a leading insurance Company an adequate policy to cover business liability (RCT · RCO) to cover the risks relating to the activity towards third parties and towards its own employees, with suitable limits of indemnity. The Carrier undertakes to deliver a copy of the aforementioned policies and the subsequent receipts of payment of the related premiums.

7. Carrier’s liability

In addition to the cases contemplated by articles 1218 and 1681 of the Italian Civil Code, the Carrier is to be regarded as fully liable as regards:

the dates of the vehicle collection and delivery service;
the manner of collection and delivery of the vehicle;
any packaging, agreed in advance, of the Product that is the subject of the service;
any delays in the delivery and collection of the vehicle (for example with reference to any compensation due as a result of the unforeseen delay);
the refund of any sums of money paid by the Client and unduly received by the Carrier for a transport that was agreed but not carried out;
the accuracy, completeness and correctness of the information provided to the Client, including the offers proposed and the loading and delivery availability displayed on the Site.

Should the Carrier’s liability be ascertained, the latter shall be obliged to return the sums received as consideration and to compensate any damage caused to the Client pursuant to article 1218 of the Italian Civil Code et seq. In the event of loss or damage of the Products, the Carrier’s liability is that defined by article 1693 of the Italian Civil Code, with the limitations and extensions referred to in article 1969 of the Italian Civil Code · article 10 of Legislative Decree no. 286/2005.

8. Consideration and payment

DROOP undertakes to pay the Carrier the consideration for the individual Orders duly carried out, at the prices agreed in the price list. The prices shall remain unchanged, with the increases or decreases in the cost of fuel and of motorway tolls remaining, as the case may be, to the charge or to the benefit of the Carrier.

The consideration is understood to be inclusive of every service performed by the Carrier and will be invoiced monthly, with payment under the conditions agreed for the individual Order.

DROOP has the right to suspend the payment of the consideration:

where remuneration, contribution and/or social security irregularities of the Carrier’s employees / collaborators, with joint and several liabilities of DROOP, are reported, or ascertained;
in the event of a breach of the provisions referred to in point 3 above, letters a) to f);
where the documentation required pursuant to these General Conditions (by way of example: registration in the Register, DURC, insurance policies, authorisations) has not been delivered, is expired, incomplete, non-compliant or falsified. In such case the payment shall remain suspended until regularisation and, where the documentation is found to be falsified, DROOP may terminate the relationship with immediate effect, without prejudice to any action for compensation.

9. Documentation

The Carrier undertakes to deliver to DROOP the following documentation:

Registration in the National Register of Road Hauliers for the carriage of goods on behalf of third parties
DURC
Safety Rules
Copy of insurance policies

General contract conditions for Clients

1. Subject matter

The Client entrusts DROOP, on a non-exclusive basis, with the Service of selection and identification of the service network for the activity of transport on behalf of third parties. For the purposes of the provision of the Service, DROOP will make use of its own IT systems, of its own operations centre and of its own Service Network. The services will be performed through the use of the Site (customised web application “Karrycar dashboard”), which the Client will access by means of the access credentials, username and password provided by DROOP. Joining the web application entails the acceptance of the following General contract conditions for Clients.

2. Client’s obligations

The Client undertakes to provide its own customers in advance with suitable information regarding the service and its manner and conditions of provision, ensuring that the latter deliver the vehicles to the carrier identified by DROOP without any object or personal effect inside them. Any dispute relating to internal or external damage to the vehicle must be made by the customers to the Client, on pain of forfeiture, by means of a specific record at the time of taking the vehicle into custody.

3. Payments

Save as otherwise provided by prior written agreement, the consideration and the methods of payment will be agreed in the manner and according to the procedures indicated on the Site. Any disputes on the correct performance of the Services do not authorise the Principal to suspend payment of the invoices issued, or in the course of being issued, which must be paid by the deadlines of the Contract (article 1462 of the Italian Civil Code · “solve et repete” clause).

3-bis. Cancellation, waiting indemnity and failed collection

4. DROOP’s obligations

DROOP:

declares that it has the authorisations and the capacity to organise and provide the Services and every preliminary, executive and ancillary activity;
will inform the Client of any fact that materially affects the performance of the services;
in the event of difficulties connected with extraordinary events, will do everything possible to avoid the interruption of the Services.

In the event of problems and/or disputes regarding the Services:

the warranties for the Services are those granted to DROOP by the appointed Carriers;
any liability and claim for compensation by the Client must be brought directly against the appointed Carriers;
As regards damage to or loss of the vehicles being transported, the appointed Carrier shall be liable within the limits of the law. DROOP declares that it has taken out a professional Civil Liability policy (forwarder liability) to cover its own liability for culpa in eligendo pursuant to article 1739 of the Italian Civil Code. DROOP’s professional Civil Liability policy does not replace any liability of the appointed Carrier. The Client’s right to take out its own supplementary insurance policy to cover the value of the transported vehicle remains unaffected.

The liability of DROOP for non-payments by the appointed Carrier, additional amounts, direct, indirect, commercial damages, lost profits and loss of earnings suffered by the Client is excluded.