Effective Date: June 1, 2026

Entirely replaces: any previous version

 

1. Subject and Parties

These General Conditions govern the terms and modalities of collaboration between BusForFun.com S.r.l. (hereinafter, "BusForFun"), owner of the Busrapido trademark and its related platform (hereinafter, the "Platform"), and the economic operators providing passenger transport services (hereinafter, the "Providers"). By accepting these conditions, the Provider undertakes to provide transport services upon BusForFun's request in favor of end users (hereinafter, the "Users").

 

2. Nature of the Relationship

The Provider operates as an autonomous and independent entrepreneur, freely organizing its own activity and assuming all business risks associated with the execution of the services. The Provider is not subject to BusForFun's operational directives regarding the technical execution methods of the transport, remaining free to organize the service in compliance with these Conditions, current legislation, and agreed quality standards. No employment, agency, coordinated and continuous collaboration, commercial representation, or mandate relationship is established between BusForFun and the Provider as a result of these Conditions or the execution of the services. BusForFun, through the Platform, acts as a commercial and organizational intermediary of the service, without assuming the role of carrier towards the end Users. The Provider is exclusively responsible for compliance with social security, insurance, and tax obligations towards its employees and collaborators, and indemnifies BusForFun against any claim that may be advanced by them against BusForFun in relation to the employment or collaborative relationship with the Provider.

 

3. Registration and Onboarding Requirements

To be admitted to the Busrapido Platform, the Provider is required to submit, during registration and upon BusForFun's simple request at any subsequent time, the following minimum documentation: a) updated company registration certificate (chamber of commerce visura, not older than 3 months); b) copy of valid authorizations and licenses for passenger transport; c) copy of mandatory insurance policies (Motor Third Party Liability / Carrier Civil Liability) with proof of premium payment; d) list and documents of the vehicles used (registration certificate, MOT/inspection certificate, registration data); e) documentation certifying the professional qualification of drivers (driving licenses, Driver Qualification Card - CQC, and mandatory certifications). BusForFun reserves the right to request additional documentation and to approve or reject the registration of any Provider at its sole discretion, without the refusal generating rights to compensation. The Provider undertakes to promptly notify BusForFun of any relevant change in the information and documentation provided during registration, and in particular any suspension, revocation, or modification of authorizations or insurance coverages.

 

4. Execution of the Service and Liability

The Provider assumes exclusive liability for the correct, punctual, and compliant execution of the transport service taken in charge, undertaking to perform it according to criteria of professional diligence, efficiency, and quality, in full compliance with current legislation and the conditions agreed with BusForFun.

In particular, the Provider is obliged to guarantee:

    - Availability and suitability of vehicles: the use of properly registered vehicles, in perfect condition of maintenance, cleanliness, and functionality, suitable for the requested service and compliant with applicable technical and environmental regulations, as well as adequate in capacity and features for the transport of the expected passengers;

    - Regularity of authorizations and licenses: the possession, validity, and effectiveness of all authorizations, licenses, registrations, and qualifying titles necessary for the performance of the transport activity, undertaking to maintain them for the entire duration of the contractual relationship;

    - Personnel qualification: the use of qualified personnel, possessing the professional requirements required by law (including driving licenses, CQC, and mandatory certifications), adequately trained and suitable for the performance of the service, and required to maintain behavior based on correctness, professionalism, and courtesy towards passengers and BusForFun representatives;

    - Compliance with current regulations: strict observance of all applicable legislative and regulatory provisions, including, but not limited to, those concerning road safety, occupational safety, driving and rest times, passenger transport, environmental regulations, and any other relevant legislation;

    - Compliant execution of the service: respect for timetables, routes, operational modalities, and any other condition agreed with BusForFun, ensuring punctuality, reliability, and continuity of the service, as well as prompt and effective management of any unforeseen events or operational criticalities.

The Provider also undertakes to maintain high-quality standards for the entire duration of the relationship, consistent with the service levels required by BusForFun on the Busrapido Platform and with the end customer's expectations, adopting all organizational and operational measures necessary to ensure an efficient, safe, and quality service. It is understood that the Provider shall be fully liable for any disservice, breach, or violation attributable to its organization, indemnifying and holding BusForFun harmless from any claim, damage, cost, or liability arising therefrom, including towards third parties.

 

5. Provider Liability and Indemnity

The Provider is directly and exclusively liable for any damage caused to persons, property, or luggage during the execution of the service. The Provider is also liable for any breaches, delays, cancellations, or inefficiencies attributable to its organization. BusForFun assumes no liability for the material execution of the transport service towards the Users, except in cases of willful misconduct or gross negligence directly attributable to BusForFun. The Provider's liability as a carrier pursuant to Art. 1681 of the Italian Civil Code remains unaffected, and cannot be contractually limited or excluded towards passengers. The Provider undertakes to indemnify and hold BusForFun, the Busrapido trademark, as well as their respective directors, employees, and collaborators harmless from any claim, action, demand for compensation, damage, loss, cost, or expense (including legal fees) arising from: the execution of the transport service; regulatory violations; damages to passengers or third parties; behavior of the Provider's personnel; contractual breaches and any other consequence arising from the Provider's action or omission.

 

6. Penalties and Recourse

6.1 General Obligation of Reimbursement

The Provider undertakes to be fully liable for any breach, inefficiency, or violation of contractual obligations attributable to it, assuming all economic and operational consequences. In particular, the Provider undertakes to reimburse and hold BusForFun harmless from any amount that it is required to pay to third parties, including, but not limited to, end Users, customers, partners, or authorities, provided that such amounts arise, directly or indirectly, from facts, acts, or omissions attributable to the Provider. This reimbursement obligation includes, by way of example: a) refunds, compensation, or indemnities granted to Users for inefficiencies (delays, cancellations, overbooking, non-performance of the service, etc.); b) contractual penalties applied to BusForFun by customers or clients; c) costs incurred for the organization of substitute or emergency services; d) operational, administrative, and management expenses incurred for the handling of complaints; e) any sanctions, damages, or charges arising from regulatory violations attributable to the Provider.

 

6.2 Specific Flat-rate Penalties

Without prejudice to the right to full reimbursement under paragraph 6.1, BusForFun will apply the following flat-rate penalties as an advance and partial liquidation of damages, pursuant to Art. 1382 of the Italian Civil Code: a) Cancellation of the service by the Provider with more than 48 hours' notice: penalty equal to 70% of the canceled service fee; b) Cancellation of the service by the Provider with less than 48 hours' notice: penalty equal to 80% of the canceled service fee, in addition to the full refund of amounts paid to the User and the documented costs of any substitute service organized; c) Failure to present the vehicle (Provider no-show): penalty equal to 100% of the service fee, in addition to the full refund of amounts paid to the User and the costs of the substitute service; d) Departure delay exceeding 30 minutes, attributable to the Provider: penalty of Euro 60.00 for every 30 minutes of delay, up to a maximum equivalent to 100% of the cost of the single service; e) Use of a vehicle with objectively inferior characteristics to those booked without prior authorization from BusForFun: penalty equal to 50% of the service fee, in addition to the reimbursement of any price reductions granted to the User; f) Violation of the prohibition of unauthorized subcontracting: penalty of Euro 300.00, in addition to compensation for greater damages. The penalties referred to in this article apply without prejudice to BusForFun's right to take action for compensation for greater damages, pursuant to Art. 1382, paragraph 1, of the Italian Civil Code.

 

6.3 Application Modalities and Set-off

BusForFun will notify the Provider in writing of the application of the penalty, indicating the case, the amount, and the calculation method. The Provider shall have the right to contest the penalty within 10 working days of receiving the notification, providing supporting documentation. If this period elapses without a response, BusForFun may proceed with the set-off or request payment of the contested amount, without prejudice to the Provider's right to assert its claims within the terms provided by law.

 

7. Quality Standards and Image Protection

The Provider undertakes to guarantee, for the entire duration of the contractual relationship, compliance with the quality standards required by BusForFun and communicated through the Platform, ensuring a high, constant level of service in line with end customer expectations. In particular, the Provider is obliged to guarantee:

    - Punctuality and service reliability: strict adherence to agreed times, with adequate operational planning and preventive management of any critical issues, in order to avoid delays, cancellations, or inefficiencies;

    - Vehicle conditions: use of vehicles in perfect condition of maintenance, cleanliness, and decorum, both internally and externally, suitable to guarantee comfort, safety, and an adequate travel experience for Users;

    - Personnel professionalism: behavior of the traveling staff marked by courtesy, availability, order, and respect, as well as adequate presentability and compliance with any provided operational and image guidelines;

    - Compliance with operational instructions: punctual observance of all operational instructions, procedures, and directions communicated by BusForFun, including those relating to loading/unloading points, passenger management methods, communications, and the use of any digital tools.

The Provider also undertakes to refrain from any behavior, action, or omission that may cause prejudice, even potential, to the image, reputation, or good name of the Platform, of Busrapido and/or of BusForFun, both towards Users and third parties. It is understood that any violations of the aforementioned quality standards, as well as non-compliant conduct or conduct detrimental to the image of the aforementioned entities, may constitute a serious contractual breach and entail, at BusForFun's discretion:

    - the request for immediate adjustment to the required standards;

    - suspension, even precautionary, from the provision of services;

    - exclusion of the Provider from the Platform and/or termination of the contractual relationship;

without prejudice, in any case, to the right to compensation for any damages suffered.

 

8. Subcontracting and Use of Third Parties

8.1 General Prohibition

The Provider may not entrust, in whole or in part, the execution of the service to third parties (subcontractors, collaborators, or other carriers) without BusForFun's prior written consent.

 

8.2 Authorization Request Procedure

The request for authorization to subcontract must be submitted by the Provider to BusForFun in writing, with a minimum notice of 5 working days prior to the start date of the service concerned, and must contain at least the following information: a) company name, identification data, and registered office of the proposed subcontractor; b) copy of the subcontractor's valid passenger transport authorizations and licenses, or a guarantee of their availability; c) specific indication of the service or part of the service intended to be entrusted to the subcontractor; d) reasons for the request; e) declaration by the Provider certifying that the subcontractor meets the technical, insurance, and regulatory requirements requested by these Conditions.

 

8.3 BusForFun's Response

BusForFun will respond to the request within 2 working days of receiving the complete documentation. The absence of a response within this period does not constitute tacit acceptance of the subcontracting request.

 

8.4 Obligations in Case of Authorization

In the event of subcontracting authorization, the Provider is required to: a) guarantee that the subcontractor meets the same technical, insurance, and regulatory requirements requested of the Provider by these Conditions; b) transmit a copy of these Conditions to the subcontractor and obtain their formal acceptance for the applicable parts, with particular reference to quality standards, insurance coverages, and passenger data processing; c) remain the sole and exclusive party liable towards BusForFun and the Users for the correct execution of the service, regardless of the subcontractor's involvement. Any breach or violation by the subcontractor will be considered to all intents and purposes as attributable to the Provider.

 

9. Insurance and Technical Requirements

The Provider declares and warrants that it possesses, and undertakes to maintain for the entire duration of the contractual relationship, all mandatory insurance coverages required by current legislation for the performance of passenger transport activities. In particular, the Provider guarantees the existence of:

    - Civil liability policies: insurance coverage for civil liability arising from vehicle circulation (Motor Third Party Liability and/or Carrier Civil Liability), with a ceiling of not less than Euro 50,000,000.00 (fifty million) per claim, or in any case equal to the maximum required by applicable law, if higher;

    - Passenger coverage: adequate insurance policy for the protection of passengers, including risks connected to transport, compliant with legal provisions and suitable to guarantee compensation for any damage suffered by them;

    - Further mandatory coverages: any other policy required by current legislation or deemed necessary in relation to the nature of the service provided.

The Provider undertakes to:

    - maintain all the aforementioned coverages fully valid, effective, and operational for the entire duration of the contractual relationship, without interruption;

    - not make pejorative changes to the insurance conditions without prior written consent from BusForFun;

    - provide BusForFun, upon simple request, with a copy of the existing insurance policies, as well as the related receipts certifying the payment of premiums;

    - promptly communicate any suspension, revocation, non-renewal, or significant modification of the insurance coverages.

The Provider further guarantees that all vehicles used to perform the service:

    - are properly registered and compliant with current legislation;

    - have not been registered earlier than 8 years prior to the service start date, unless otherwise authorized in writing by BusForFun. By way of derogation from the 8-year limit, BusForFun may authorize in writing the use of older vehicles exclusively on condition that: a) the vehicle has passed an extraordinary technical inspection, documented with certification issued by an authorized workshop or by a qualified entity pursuant to current legislation, not older than 6 months prior to the service date; b) the vehicle is equipped with all mandatory safety equipment required by law and is in a perfect state of overall maintenance, certified by the documentation referred to in letter a); c) the vehicle's insurance coverage is specific, free of exclusions or limitations related to the age of the vehicle, and has a ceiling not lower than the minimum required by these Conditions. The derogation is granted case-by-case by BusForFun and does not constitute a precedent for future requests.

    - are subjected to regular maintenance and periodic inspections, in compliance with legal provisions.

It is understood that any inadequacy or absence of insurance coverages, as well as non-compliance with the above requirements, will constitute a serious contractual breach and may lead to the immediate suspension of the service and/or termination of the contract, without prejudice to compensation for any damage.

 

10. Code of Ethics and Legislative Decree 231/2001

10.1 Organizational Model and Code of Ethics of BusForFun

The Provider declares to be aware of the existence of the Organization, Management and Control Model adopted by BusForFun pursuant to Legislative Decree June 8, 2001, no. 231, and the related Code of Ethics, available upon written request to BusForFun. The Provider undertakes to respect the ethical and legality principles contained in BusForFun's Code of Ethics, insofar as applicable to the relationship governed by these Conditions, and to refrain from any behavior that may constitute a predicate offense pursuant to Legislative Decree 231/2001 or that may give rise to administrative liability for BusForFun.

 

10.2 Regulatory Compliance Obligations

The Provider also undertakes to observe the applicable legislation regarding: a) anti-corruption (Legislative Decree 231/2001 and applicable law); b) transparency and fairness in commercial practices; c) competition and prohibition of unfair commercial practices; d) occupational safety (Legislative Decree 81/2008 and applicable laws); e) personal data protection (EU Reg. 2016/679 - GDPR and Legislative Decree 196/2003 and subsequent amendments).

 

10.3 Reporting Obligation

The Supplier undertakes to promptly report to BusForFun any situation involving a potential conflict of interest, any possible breach of regulatory provisions, of the Organisation, Management and Control Model adopted pursuant to Legislative Decree 231/2001, or of the Code of Ethics, as well as any anomalous or irregular conduct that may affect the contractual relationship, integrity or reputation of BusForFun.

 

Reports may be made in the following ways:

   •⁠  ⁠by written communication, placed in a sealed envelope marked ‘Confidential/Personal’ and sent by ordinary post to the following address:

 

BusForfun.com S.r.l.
Via Jacopo Salamonio, 3 – 30175 Marghera – Venice
For the attention of the Company’s Supervisory Body

 

  •⁠  ⁠by requesting a face-to-face meeting with the Supervisory Body, to be arranged by sending a written request to the address indicated above. In this case, the Supervisory Body will respond to the request within five days of receipt; the meeting may take place at the Company’s premises or at a location outside the Company, subject to prior agreement with the whistleblower.

 

Reports will be handled in accordance with current legislation on whistleblowing, ensuring, within the limits provided for by law, the confidentiality of the whistleblower’s identity, the content of the report and the parties involved.

 

10.4 Consequences of Violation

The violation of the provisions of this article, where capable of determining BusForFun's liability pursuant to Legislative Decree 231/2001 or causing prejudice to its image or reputation, constitutes cause for immediate termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without prejudice to BusForFun's right to full compensation for the damage suffered.

 

11. Management of User Complaints and Requests

11.1 Exclusive Management through BusForFun

The Provider acknowledges and expressly agrees that any relationship with the end Users of the service is managed exclusively through BusForFun personnel and the Platform. The Provider therefore undertakes not to entertain direct relations with the Users, except with BusForFun's prior authorization or in cases strictly necessary for the operational execution of the service (e.g., logistical coordination at the departure location), maintaining in all cases behavior compliant with the instructions received from BusForFun.

 

11.2 Collaboration Obligations and Response Times

The Provider is obliged to provide BusForFun with feedback, information, and documentation regarding complaints, disputes, or requests for information within the following timeframes:

    - Urgent complaints (relating to road accidents, personal injuries, situations ongoing at the time of reporting): within 24 hours of receiving BusForFun's request;

    - Ordinary complaints (relating to inefficiencies, delays, service quality, personnel behavior): within 5 working days of receiving the request;

    - Document requests (invoices, loading bills, service reports, execution declarations, GPS tracks): within 10 working days of receiving the request.

 

11.3 Mandatory Content of the Feedback

The Provider's feedback must contain at least: a) detailed description of the facts, indicating the date, time, place, and people involved; b) available supporting documentation (e.g., driver reports, onboard recordings, technical documentation, exchanged communications); c) indication of the causes of the inefficiency and the corrective actions taken or being taken; d) the Provider's position regarding the attributability of the inefficiency.

 

11.4 Consequences of Failure to Meet Deadlines

Failure to comply with the response times set out in paragraph 11.2 constitutes a contractual breach and may be evaluated by BusForFun as an element of attributability of the inefficiency to the Provider, resulting in the application of the penalties under Art. 6 and/or exclusion of the Provider from the Platform pursuant to Art. 13.3.

 

11.5 Economic Management of Complaints

The economic management of complaints (including any refunds or compensation to Users) will be handled exclusively by BusForFun towards the Users. However, the Provider will be required to bear any costs, damages, or charges arising from inefficiencies or breaches attributable to it, pursuant to Art. 6 of these Conditions.

 

12. Fees and Payment Methods

12.1 Determination of the Fee

The fee granted to the Provider for the services rendered is determined case-by-case in the service order transmitted by BusForFun via the Platform or in writing, or in separate economic agreements signed by the parties, which form an integral part of the contractual relationship. Unless otherwise agreed in writing between the parties, the fee is intended to include all costs necessary for the execution of the service, including those relating to fuel, vehicle maintenance, driver compensation, motorway tolls, and mandatory insurance coverages.

 

12.2 Invoicing Methods

The Provider is required to issue a regular invoice pursuant to current tax legislation, indicating the service provided, the execution date, the agreed amount, and any other element required by applicable law. The invoice must be sent to BusForFun within 10 working days from the service execution date.

 

12.3 Payment Terms

Unless otherwise agreed in writing, BusForFun will pay the fee within 30 days from the date of receipt of the regular invoice, having verified the correct execution of the service and the absence of ongoing disputes.

 

12.4 Suspension of Payments

BusForFun reserves the right to suspend or withhold payments in the event of: a) ongoing disputes relating to the execution of the invoiced service; b) unresolved breaches by the Provider; c) application of penalties pursuant to Art. 6, until the owed amount is settled. In such cases, BusForFun will notify the Provider in writing of the reasons for the suspension within 2 working days of the cause occurring. The suspension will cease upon resolution of the dispute or agreement between the parties on the final amount.

 

12.5 Set-off

BusForFun shall have the right to set off penalties, reimbursements, indemnities, and any other liquid and exigible amount owed by the Provider pursuant to these Conditions against the fees accrued in favor of the same, giving written notice with a detailed indication of the respective debit and credit items. If, following the set-off, a credit remains in favor of the Provider, BusForFun will proceed with the relative payment within the terms referred to in paragraph 12.3. If, however, the amount owed by the Provider exceeds the accrued or otherwise settable fees, the Provider will be required to pay the difference to BusForFun within 30 days of receiving the related written request.

 

13. Communications

13.1 Form of Communications

All contractually relevant communications between BusForFun and the Provider – including authorization requests, disputes, penalty applications, modifications to these Conditions, suspensions or revocations of Platform access, withdrawal or termination notices – must be made in writing, preferably by Certified Email (PEC) or email, to the respective addresses indicated at the time of registration on the Platform.

 

13.2 Operational Communications

Operational communications related to the execution of individual services (such as booking confirmations, time changes, logistical instructions, reports of critical issues during the service) may also be transmitted via email or through the Platform's channels, effective from the date and time of sending resulting from the system or mail server.

 

13.3 Obligation to Update Contact Details

The Provider undertakes to promptly notify BusForFun of any change in its PEC address, email, or postal address, as well as any relevant change in its corporate structure or identification data. In the absence of an update, communications sent to the last known contact details by BusForFun are deemed validly made.

 

14. Duration, Withdrawal, and Termination of the Relationship

14.1 Duration

This contractual relationship takes effect from the date of acceptance of these Conditions by the Provider and is deemed concluded after each service is completed, unless otherwise agreed in writing between the parties.

 

14.2 Ordinary Withdrawal

Each party has the right to withdraw from this relationship with a written notice of at least 30 days or with notice to be determined based on operational needs, to be communicated by PEC or registered letter with return receipt to the other party. The withdrawal does not affect bookings already confirmed prior to the withdrawal communication: such bookings must be regularly executed by the Provider until their natural conclusion, according to the agreed conditions.

 

14.3 Termination for Serious Breach – Express Termination Clause

Pursuant to Art. 1456 of the Italian Civil Code, BusForFun has the right to terminate this contract with immediate effect, by simple written notice to the Provider, upon the occurrence of any of the following breaches: a) loss, suspension, or revocation of one or more authorizations or licenses necessary for the performance of passenger transport activities; b) lapse, suspension, unrenewed expiration, or inadequacy of the mandatory insurance coverages provided for in Art. 9; c) serious or repeated breach of quality standards and contractual obligations, even after a written warning that remains unanswered within 10 days; d) behavior of the Provider or its personnel detrimental to the image, reputation, or good name of the Platform, Busrapido and/or BusForFun; e) violation of the prohibition of unauthorized subcontracting referred to in Art. 8; f) final criminal convictions or final administrative proceedings against the Provider, its legal representatives, or main shareholders, which prejudice its respectability or suitability to carry out passenger transport activities; g) violations of the provisions of Legislative Decree 231/2001 or BusForFun's Code of Ethics capable of resulting in administrative liability for BusForFun; h) failure, incomplete, or delayed communication to BusForFun of the relevant changes provided for by Art. 3.3, if such changes affect, even potentially, the Provider's possession of authorization, insurance, technical, or organizational requirements, the regular execution of the Services, or the Provider's ability to fulfill the assumed obligations.

 

14.4 Effects on Bookings and Ongoing Services

In the event of withdrawal, suspension, or termination of the relationship, BusForFun shall have the right to revoke the assignment of Services not yet executed from the Provider, without the Provider being able to claim compensation, loss of profit, or damages. The Provider undertakes to immediately collaborate in the operational transition of any Services entrusted to a substitute entity, transmitting to BusForFun all information and documentation necessary for their correct execution. Obligations of confidentiality, personal data protection, return or deletion of data, and the Provider's liability for Services already executed or being executed on the effective date of the withdrawal, suspension, or termination shall remain unaffected.

 

15. Applicable Law and Jurisdiction

15.1. Applicable Law

These General Conditions for Providers, as well as any service order, confirmation, annex, or executive agreement connected to them, are governed by Italian law (Cit. 19).

 

15.2. Scope of Disputes

The clause referred to in this article applies to any dispute arising from, connected to, or otherwise relating to:

• validity;

• interpretation;

• execution;

• breach;

• suspension;

• termination;

• withdrawal;

• economic and compensatory effects of the contractual relationship between BusForFun and the Provider, including disputes relating to service orders, penalties, payments, set-offs, reimbursements, indemnity, personal data processing, and any other obligation arising from these Conditions.

 

15.3. Exclusive Jurisdiction

For any dispute referred to in the preceding paragraph, the Court of Venice shall have exclusive jurisdiction, with the express exclusion of any alternative or concurrent venue, to the extent permitted by law.

 

16. Acceptance

Pursuant to and for the purposes of Art. 1341, paragraph 2, of the Italian Civil Code, the Provider declares to specifically approve the following clauses:

    - Art. 2 – Nature of the Relationship: autonomy of the Provider and indemnification of BusForFun against claims from the Provider's employees, collaborators, and appointees;

    - Art. 3.2 – Registration and Onboarding: BusForFun's right to approve or reject the Provider's registration;

    - Art. 6 – Penalties, recourse, dispute, and set-off: application of penalties, compensation for greater damages, deadlines for observations, set-off, and obligation to pay residual amounts;

    - Art. 8 – Subcontracting: prohibition of assignment to third parties without prior written authorization;

    - Art. 11.5 – Complaint Management: consequences of failure to meet contractual response deadlines;

    - Art. 12.4 and 12.5 – Fees and Payments: right of suspension, withholding, and set-off;

    - Art. 14.2 – Ordinary withdrawal: right of withdrawal with notice;

    - Art. 14.3, 14.4, and 14.5 – Termination, effects of termination, and revocation of Services: express termination clause, damage compensation, exclusion from the Platform, revocation of assignments, and collaboration obligations;

    - Art. 15 – Applicable Law and Jurisdiction: exclusive jurisdiction of the Court of Venice.

 

17. Appointment of the Supplier as External Data Processor

Within the scope of the transport services covered by this contract, the Carrier is designated as the external data processor pursuant to Art. 28 of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, for brevity, also "GDPR"). This rule, in fact, provides that where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the GDPR and ensure the protection of the rights of the data subject.

The Carrier declares and warrants that it possesses specific expertise and knowledge in the field of personal data protection, as well as a suitable and sufficient organizational structure to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and ensures the protection of the rights of the data subject.

The processing of personal data acquired by the Carrier will be carried out by the latter solely for the purpose of executing the transport service.

The latter shall not communicate to third parties and/or disseminate any personal data subject to processing and may not use them for purposes other than those indicated above for the entire duration of the processing, as well as, even after the termination of this Deed, without any time limits.

In carrying out the processing operations, the Carrier must perform and guarantee, with the utmost organizational autonomy and assuming the related entrepreneurial business risk, everything that is necessary for compliance with and correct application of current legislation on personal data protection (including the provisions and/or orders of the Data Protection Authority), as well as any future supplementary and/or amending provisions.

 

In particular, the Carrier:

   1. shall process the personal data only on documented instructions from BUSFORFUN.COM, including with regard to transfers of personal data to a third country or an international organisation, if authorized to do so, unless required to do so by Union or Member State law to which the Carrier is subject; in such a case, the Carrier shall inform BUSFORFUN.COM of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. Subsequent instructions may be issued in writing even during the course of the personal data processing. As better specified in letter h) below, the Carrier undertakes to immediately inform BUSFORFUN.COM if, in the Carrier's opinion, the instructions given by the latter infringe current data protection legislation;

 

   2. shall designate in writing the persons authorized to process personal data, periodically verifying their skills and training in personal data protection, and ensure that they have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Furthermore, the Carrier, upon simple request by BUSFORFUN.COM, shall make available to the latter the list of persons appointed and authorized to process the data;

 

   3. shall adopt all security measures required pursuant to Art. 32 of Regulation (EU) 2016/679 and, in any case, all appropriate technical and organizational measures to ensure a level of security appropriate to the risks and, in particular, the risks arising from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed. The Carrier shall, among other things, where necessary, adopt the following security measures: a) the pseudonymisation and encryption of personal data; b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. If the Carrier in turn engages a Sub-processor for carrying out specific processing activities on behalf of BUSFORFUN.COM, which may occur exclusively upon prior authorization from BUSFORFUN.COM, the same data protection obligations as set out in the contract or other legal act between BUSFORFUN.COM and the Carrier (and, in any case, those under Art. 28 of the GDPR, providing in particular sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the GDPR) shall be imposed on that Sub-processor by way of a contract or other legal act under Union or Member State law. Where that Sub-processor fails to fulfil its data protection obligations, the Carrier shall remain fully liable to BUSFORFUN.COM for the performance of the Sub-processor's obligations;

 

   4. shall, taking into account the nature of the processing, assist BUSFORFUN.COM by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of BUSFORFUN.COM's obligation to respond to requests for exercising the data subject's rights. This implies that the Carrier, as far as possible, assists BUSFORFUN.COM, inter alia, in fulfilling the latter's obligation to respond to requests for exercising the data subject's rights. The Company will forward a communication concerning the rights of the data subjects, indicating the deadline within which to respond, which in any case cannot exceed 7 days. The Carrier will respond to the aforementioned communication by providing every element necessary for a complete response to the data subject within the specified deadline, save for delays due to any elements of complexity (e.g., number of requests) which must be made known to BUSFORFUN.COM within the aforementioned deadline. The Carrier commits in any case to respond to the request in a timely manner so that BUSFORFUN.COM can provide the requested response under the GDPR;

 

   5. shall assist BUSFORFUN.COM in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR and, in any case, all those relating to current legislation on personal data protection, taking into account the nature of processing and the information available to the Carrier. Without prejudice to the Carrier's obligation to assist BUSFORFUN.COM in adopting appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with Art. 32 of the GDPR, further provisions regarding the Carrier's assistance obligation are specifically provided for in Articles 3 and 4 below;

 

   6. shall, at the request of BUSFORFUN.COM, delete or return all the personal data after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the data;

 

   7. shall make available to BUSFORFUN.COM, upon the latter's request by means of communication, all information necessary to demonstrate compliance with the obligations under current personal data protection legislation and allow for and contribute to audits, including inspections, conducted by BUSFORFUN.COM or another auditor mandated by the latter. The Carrier shall immediately inform BUSFORFUN.COM if, in its opinion, an instruction infringes current personal data protection legislation.

 

The Carrier is obliged to notify BUSFORFUN.COM, by means of communication, of any personal data breach of which it becomes aware without undue delay and, in any case, no later than 48 hours after having become aware of it, together with all relevant information for the documentation and reporting of the breach, namely:

  a) the description of the nature of the personal data breach including the categories and approximate number of data subjects concerned as well as the categories and approximate number of personal data records concerned;

  b) the name and contact details of the Carrier's data protection officer or other contact point where more information can be obtained;

  c) the description of the likely consequences of the personal data breach;

  d) the description of the measures taken or proposed to be taken to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects;

  e) an extract of the Personal Data Breach register (so-called Data Breach), documenting the personal data breaches that have occurred.

 

The Carrier undertakes to immediately inform BUSFORFUN.COM if, in its opinion, a data protection impact assessment of the envisaged processing operations is necessary before proceeding with the processing.

 

Furthermore, at the request of BUSFORFUN.COM, the Carrier undertakes to collaborate with the latter to allow the proper conduct of an impact assessment pursuant to Art. 35 of the GDPR in the cases provided for by the GDPR itself or if deemed appropriate by BUSFORFUN.COM, in particular by contributing to identifying and implementing the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and demonstrate compliance with the GDPR, taking into account the rights and legitimate interests of data subjects and other persons concerned.

 

At the request of BUSFORFUN.COM, the Carrier undertakes to collaborate in relations with the authorities; in particular, it undertakes to promptly provide any information necessary to fulfill obligations towards the Data Protection Authority or other Public Authorities, whether national or of the European Union.

 

The Carrier guarantees the suitability of its organizational structure, also with reference to the experience, capacity, and reliability of the individuals composing it, to carry out the data processing operations in full compliance with current provisions on personal data processing, including those concerning the security of the data itself. The Carrier expressly acknowledges and accepts here and now that BUSFORFUN.COM may carry out inspections and checks to verify the aforementioned guarantees provided by the Carrier, as well as, in any case, compliance by the latter with current provisions on personal data processing. It is however understood that inspections and checks conducted pursuant to this article cannot in any case constitute or be interpreted as an indemnification or release from liability of any kind in favor of the Carrier.

 

The Carrier shall be liable for compensation for all damages caused to BUSFORFUN.COM and/or the data subjects concerned due to unlawful processing, failure or negligent execution of the tasks entrusted to it, failure to comply with the obligations under this deed of designation and/or, in any case, the instructions received.

 

This Deed of designation will cease to have effect: a) in the event of termination - for whatever reason - of the effects of the Contract regulating the transport services from the date of such termination; b) in the event of termination - for whatever reason - of the processing covered by this Deed.

 

BUSFORFUN.COM shall also have the right at any time to modify, exclude and/or revoke, even partially, the methods and/or purposes of the processing for which the Carrier has been appointed.