Terms and Conditions of Use of the I-SHARE Service
The Corporate Car-Sharing service known as I-Share (hereinafter referred to as "CCS") may be utilized after the User (hereinafter referred to as the “User”, in the singular, and/or the “Users”, in the plural, as the case may be) has signed up and registered, by entering the website https://ishare.leasys.com and/or by accessing this App connected to the on-board devices (hereinafter referred to generically and jointly as the "Platform"). Access shall enable the User to utilize a fully functional CCS, according to the following Terms and Conditions. Use of the CCS is only permitted to Users, as defined below, with a driving license issued by a member state of the European Union valid for the 12 (twelve) months prior to registration.
Registration allows access to the Corporate Car Sharing ("CCS") service made available by the Company to its employees (Users), to grant temporary use of one of the Vehicles (hereinafter the "Vehicle") rented from LEASYS, as defined below.
In this document, the terms listed below shall have the meaning set next to them:
“Corporate Car Sharing (“CCS”)”: service called I-Share, which allows the Company that entered into an agreement with LEASYS to grant temporary use to its employees of one or more vehicles rented from LEASYS;
“Company”: customer that entered into an agreement with LEASYS pursuant to the "General Terms and Conditions of Long Term Vehicle Rental without Driver";
"Platform": Website and App necessary for a fully functioning CCS (by way of example: booking, vehicle unlocking and locking, on-board key management and driver identification);
"Vehicle" means vehicle(s) owned by LEASYS rented to the Company under the CCS.;
“Fleet Manager”: company contact person identified as the CCS manager;
"User(s)": employee(s) of the Company who, upon access/acceptance of these terms and conditions relating to the Platform, shall receive temporary use of the Vehicle under the CCS;
“Addendum”: document entitled “Addendum to the General Terms and Conditions of Long-Term Vehicle Rental Without Driver" signed by the Company.
In the event of non-compliance with the terms and conditions set forth herein, the Fleet Manager and/or Users shall be liable for any event/damage arising from and/or attributable to said non-compliance.
Use of the CCS - Obligations and Duties
2) Only the Fleet Manager and the User registered on this Platform may use the CCS; only Users registered on this Platform with a driving license valid for the last 12 (twelve) months may use the Vehicle.
3) With regard to Users:
During the period in which they utilize the Vehicle, Users undertake not to allow the Vehicle to be used by any third party, even if the third party is another registered User. Users hereby agree that LEASYS may, at any time and for any reason whatsoever, inspect the Vehicle, and in this respect they undertake to guarantee their full cooperation. Users also agree that, in the event of a recall campaign and/or maintenance requirements and/or needs indicated by LEASYS relating to the Vehicle covered by the CCS, the same Vehicle must be immediately made available to the Fleet Manager and/or LEASYS.
The Vehicle must be used in accordance with the Rules of the Road, the Civil Code and in general in compliance with all regulations relating to the circulation of the Vehicle, as well as with the diligence of a reasonable person. Users shall also be liable to third parties for any consequences arising from reckless and/or improper use of the vehicle.
Users shall be responsible for the correct use and custody of the vehicle and shall take full responsibility for the handling and circulation of the vehicle from the moment in which use of the CCS commences until the vehicle is returned.
Each booking made by Users shall have a default maximum duration set by the system. In the interval between booking and pick-up by a User, the Vehicle can never be included among those available in the fleet for new assignments. The Vehicle shall be available again from the system for new assignments when:
it is physically returned by the User;
the booking expires, if the vehicle has not been picked up.
4) With regard to the Fleet Manager, as the company contact person designated as the manager of the CCS:
The Fleet Manager, on behalf of the Company, knowingly undertakes to verify and guarantee the identity and fitness to drive of the User who is given the temporary use of the Vehicle, indemnifying and holding LEASYS harmless against any claim, by anyone made, and deriving from the omitted and/or incorrect fulfillment of the provisions of this article, and also remaining liable, together with the Company, for the possibility of careless assignment and/or any other event involving the Vehicle.
In the management of the fully functioning Platform and in compliance with the “Addendum", the Fleet Manager shall be authorized, in particular, to:
Monitor bookings, check their frequency, as well as verify timing and mode of use of CCS Vehicles, comparing them with what was indicated in the booking phase by Users (compliance with pick up/drop off times, number of missions, missed pick-ups, etc.);
Monitor the availability and saturation of the vehicle fleet, and be able to prevent the availability of vehicles for booking;
Enable each individual User profile;
Manage the Vehicles under the CCS;
Define the boundaries of the pick-up and drop-off areas of the Vehicles under the CCS.
5) LEASYS shall not be liable for any of the activities managed by the Fleet Manager described above, or for any interruption/malfunctioning of the Platform and related CCS service. Leasys shall endeavor to resolve any interruptions/malfunctions as quickly as possible.
6) LEASYS, at its sole discretion and/or upon notification by the Fleet Manager, reserves the right to exclude Users from the Platform and prevent them from using the CCS in the event of irregularities in the utilization of the CCS, including but not limited to the breach of any of the clauses contained in these Terms and Conditions.
7) LEASYS, at its sole discretion, also reserves the right to prevent the Fleet Manager from managing the Platform and/or the Company from continuing the CCS if irregularities are found in the use of the service, including but not limited to the breach of any of the clauses contained in these Terms and Conditions.
8) Users are aware and declare to accept that the registration with the CCS and the Platform does not automatically imply the right to use the Vehicle and that this condition is subject to the independent judgment of the Fleet Manager.
No claim can be made by the Users against LEASYS or the Fleet Manager, in case the Vehicle and/or the Platform is unavailable. LEASYS, as owner of the rented vehicles and provider of the CCS service, may, if it deems it necessary, suspend and/or interrupt the functioning and services of the Platform at its sole discretion.
9) The Fleet Manager and the Company shall hold LEASYS harmless against any claim and/or action that Users and/or third parties may bring against LEASYS for anything that may concern the CCS and the use of the Vehicle by Users and/or the Company.
Provisions in case of theft/damage/misappropriation of the Vehicle
10) In the event of theft, robbery, loss of possession/dispossession of the Vehicle for any reason whatsoever, Users must immediately inform the Fleet Manager and file a regular report with the competent Authorities by no later than 24 (twenty-four) hours from the event. The original report must be sent to the Fleet Manager, who shall notify Leasys at firstname.lastname@example.org within 48 (forty-eight) hours of the event..
11) In case of accident occurred while the Vehicle is being used, Users shall immediately inform the Fleet Manager and draw up, fill out and sign the appropriate form available in the Vehicle, as well as sign any reports issued by the Authorities involved ( Traffic Police, Police, and/or other competent Authorities).
In this case, Users are required to send, no later than 24 (twenty-four) hours of the event, the aforementioned documents to the Fleet Manager, who shall, in turn, send them to LEASYS, at email@example.com, within 48 (forty-eight) hours of the event.
In the event that the Vehicle is no longer usable, Users shall immediately contact the Fleet Manager, who shall act in the manner provided for in the long-term rental agreement signed by the Company.
12) In the event of misappropriation of the Vehicles by anyone, the Fleet Manager undertakes to:
(i) report the event to the competent authorities within 10 (ten) days of the date of the formal request for return by the Fleet Manager;
(ii) send in advance to Leasys, by email to firstname.lastname@example.org, a copy of the report/claim of the event within 48 (forty-eight) hours of the date of its submission to the authorities;
(iii) transmit to LEASYS the original of the report/claim within 15 (fifteen) days of the date of its submission to the authorities.
In the event that the Vehicle is found, the Fleet Manager may consider the options foreseen in the “Addendum".