GOXGO Terms and Conditions
This page sets out the Terms and Conditions governing the use of the GOXGO service. Please read them carefully before using the app or booking a journey, so that you are aware of your rights, obligations and how the service is provided.
General Terms and Conditions of Use for the GOXGO app
Taxi Napoli s.r.l., represented by its legal representative, with its registered office at Calata San Marco, 13 – 80133 Naples, Tax Code and VAT number 08769841217, email address info@taxinapoli.it, hereinafter also referred to as Taxi Napoli, has developed a software application for mobile devices called GOXGO – hereinafter also referred to simply as the “application” or “app” – which runs on both the Android and iOS operating systems and can be downloaded free of charge by the user onto smartphones with an internet connection, which enables the user to request or book a passenger transport service by taxi provided by drivers holding a valid licence or authorisation, who provide the transport service independently and on their own responsibility, the purpose of the application being to connect the requesting user with the driver directly or via the companies with which they are affiliated, by means of the said application, subject to the following terms and conditions.
Service provided by the GOXGO app
Taxi Napoli provides users with a dedicated app for mobile devices connected to the Internet, called GOXGO, which, where available, enables users to request a taxi service for passenger transport, in accordance with Articles 1678 et seq. of the Italian Civil Code, subject to vehicle availability at the time of the request. The app enables the taxi driver to detect the location of the user making the request, which is transmitted to the driver along with the personal details entered by the user for identification purposes.
In order to use the service provided by the application, the user must download the GOXGO application free of charge and register by providing their first name and surname (username), email address and mobile phone number. Once registration has been successfully completed, the user will receive an OTP (One-Time Password) via text message to the mobile number they have provided, to verify that number, thereby gaining the right to use the software and the app in accordance with the terms and conditions set out herein and in accordance with applicable laws. The OTP code is valid for 60 minutes, after which the user must request a new code. This code is valid for one-time use only, and the same OTP code must not be used on more than one mobile phone.
Upon using the aforementioned app and submitting a service request, the user’s location is geolocated via a GPS device and forwarded to the taxi dispatch centre to locate the nearest taxi driver or the one responsible for the requested area.
Users requesting the transport service may, via the aforementioned app, specify the type of vehicle required for their needs by entering precise details into the relevant filters within the app itself. However, by applying these specific filters, the user acknowledges that, at the time of the request, vehicles with the requested specifications may not be available, without prejudice to the possibility of requesting, in any case, another taxi with standard features.
The services provided by the aforementioned application do not include the following, which therefore remain the responsibility of the requesting user:
1) The internet connection required to use the app, in accordance with the user’s mobile network operator’s tariff plan;
2) The technical requirements and configuration, as well as the performance of the device for the purposes of using the app and updating the necessary software.
The download of the GOXGO application, as well as individual bookings made via the aforementioned application, are provided to the user free of charge by Taxi Napoli, and no payment is due to the latter. However, there may be an obligation to pay a surcharge on the fare to the driver, should the local authorities require this by law, in accordance with Article 5(1) of Law 21/92. In this regard, Taxi Napoli collaborates with other taxi dispatch centres and local companies which process the details of the user’s request and allocate it via existing taxi dispatch systems.
Upon the driver’s acceptance of the taxi request sent by the user via the app, a paid contract is concluded between the requesting user and the taxi driver; Taxi Napoli is entirely uninvolved in this contract. Consequently, Taxi Napoli bears no responsibility for the obligations arising from the aforementioned private passenger transport contract, as the user, by registering on the app and thereby accepting these terms and conditions, acknowledges and accepts that the service provided by Taxi Napoli consists solely of facilitating the matching of supply and demand. Payment for the requested service is made in accordance with current regulations exclusively between the user and the driver.
Payment methods
The app allows users who so wish to pay for the taxi service they have used via the app itself. This option, referred to below as ‘Taxi Napoli payment’, is entirely at the user’s discretion and does not entail any additional costs for the service itself, subject to any commission fees or other charges arising from the use of the specific payment method provided by third parties. By exercising the right to use the ‘Taxi Napoli’ payment function, the user accepts the terms and conditions set out below.
In order to use the ‘Taxi Napoli’ payment option, via credit card or another equivalent system, the user must enter their credit card details or those of the equivalent system into the Taxi Napoli app and must accept the payment method, the contractual terms and the terms of operation.
The user undertakes to keep confidential and not to disclose to third parties either the PIN code used to access the payment section within the app or the PIN code used to access the app itself, and shall be liable for any fraudulent use.
Users who choose to pay via the app must pay the amount communicated by the driver or as displayed on the vehicle’s taximeter at the end of the journey, plus any surcharges provided for in the fare schedule, by entering the amount due into the app. In this way, the user completes the transaction using the previously registered credit card or the alternative payment method specified. This amount is to be considered VAT-exempt under Article 10 of Presidential Decree 633/72.
Before getting out of the taxi, the passenger must check with the driver that payment has been successfully processed. However, in the event of connection problems or circumstances beyond our control, the passenger is still required to pay the driver directly before leaving the vehicle.
The confidentiality, storage and security of the user’s credit card details are guaranteed through NEXI’s iFrame and tokenisation security systems. Taxi Napoli does not have access to the user’s credit card details in any way and is therefore not liable for them in any way.
A user who requests a taxi service via the app is entitled to cancel the booking within one minute of the request being accepted. Any user who, without having cancelled the journey as described above, is not present at the specified location when the driver arrives there, shall nevertheless be required to pay for the requested but unused journey. The user may be held criminally liable under Article 340 of the Italian Criminal Code for having caused the interruption or disrupted the regular operation of the service.
Payment receipt
Once payment has been made via the app, the user will receive an ‘electronic receipt’ at the email address provided during registration, confirming that the fare has been paid. This receipt has no tax value, as transport services provided by taxi are not subject to the obligation to issue a tax receipt or invoice, in accordance with Article 2(1) of Presidential Decree 696/96. Users who pay for the journey in cash directly to the driver will receive a receipt signed by the driver.
Taxi Napoli cannot guarantee the delivery of the email notification in the event of reception problems on the user’s mobile phone caused by third parties. It is the user’s responsibility to ensure that the correct details were provided during registration.
Changes to and termination of the service
Taxi Napoli may, at any time, modify the application or the way it operates.
Taxi Napoli may temporarily suspend or permanently discontinue the service for any reason, without any obligation to give the user prior notice.
By registering for and installing the app, the user does not acquire any right to the continuous, uninterrupted and efficient availability of the app, being aware that, in the event of the app being unavailable or malfunctioning, they may still access the taxi service via various alternative channels.
Warranty and availability
Users must personally verify, at their own risk, the accuracy of the information they are submitting when using the GOXGO app.
Taxi Napoli does not guarantee that the information provided by the user is correct and complete, nor that it will reach the driver providing the service within the expected timeframe.
It is understood that the user is aware that, in the event of the application being unavailable or malfunctioning, they may still access the taxi service via various alternative channels and must therefore take the necessary steps to do so, also in accordance with Article 1227 of the Italian Civil Code; should any damage occur as a result of incorrect, incomplete or delayed transmission of information, or the unavailability or malfunction of the application, Taxi Napoli shall only be liable in cases of wilful misconduct or gross negligence.
Should the application or the transmission of data interfere with or damage the user’s hardware or software, Taxi Napoli shall only be liable in cases of wilful misconduct or gross negligence. It shall not be liable, under any circumstances, for any loss of the user’s data, as data security and backup are the responsibility of the user. In any event, any liability on the part of Taxi Napoli, as defined above, shall be proportionate to the value of the transport service requested, and no liability may be attributed to Taxi Napoli for damages relating to the user’s personal sphere.
Taxi Napoli accepts no liability for the services provided by individual drivers and/or taxi companies, as its role is limited exclusively to facilitating the matching of supply and demand.
Taxi Napoli is not liable and accepts no responsibility whatsoever for the taxi transport services provided by individual drivers and/or taxi companies: the service provided by Taxi Napoli is limited solely to facilitating the matching of supply and demand.
Taxi Napoli shall not be held liable should it temporarily suspend or permanently discontinue the service, in whole or in part, for any reason.
Taxi Napoli accepts no liability for the content and third-party websites featured on the home pages of http://www.taxinapoli.it and http://www.goxgo.it.
GOXGO uses maps provided by third parties; these maps may not be up to date or accurate. Consequently, Taxi Napoli accepts no liability for any disruption caused by a failure to update the maps used to determine the user’s location or by a failure to update traffic information relating to the journey’s origin and destination.
User obligations
The user is required to provide their personal data, which must be complete and accurate, in accordance with the instructions provided by the application, and to update such data in a timely manner. When using the application, the user is required to strictly comply with these general terms and conditions and with the laws in force.
The user must use the application in such a way as not to cause interference, overload, risks or damage to the application itself. The user must not, either personally or through third parties, compromise or alter the application’s security measures. The software made available to the user may not be copied, modified, developed, decompiled or extended, even in part.
Taxi Napoli, in order to prevent misuse of the application, reserves the right to exclude the user from some or all of the application’s functions.
The user is solely responsible for the confidentiality and security of their account. They are required to inform Taxi Napoli immediately of any unauthorised use.
Should any inappropriate use by the user cause damage to third parties, the user shall be liable and undertakes to indemnify and hold Taxi Napoli harmless from any and all claims by third parties. The user further undertakes to indemnify and hold Taxi Napoli harmless from any liability towards third parties who misuse the application.
Personal data relating to other data subjects that is transmitted or disclosed to the user may only be processed by the user within the scope of and for the purposes of this application. It may not be disclosed to third parties who are not data subjects, unless specific authorisation has been granted.
Responsibility for the content of published reviews
Responsibility for content published and transmitted via the service lies solely with the user who publishes it. The user is obliged to comply with the law, observe good manners and act in accordance with the principle of objectivity. The user indemnifies Taxi Napoli against any liability towards third parties.
Should the published content breach the above rules, Taxi Napoli is authorised to remove it immediately.
Protection of personal data
All personal data provided by the user is processed exclusively for the purposes set out in these terms and conditions and for the fulfilment of the contracts entered into, in compliance with the provisions of Italian data protection legislation pursuant to and for the purposes of Articles 7 and 12 of Legislative Decree 70/2003.
By signing this contract and requesting the service, the user consents to their location being tracked on a case-by-case basis (via GPS) and to their personal data being transmitted to the driver for identification purposes following their request via the app.
The personal data necessary to enable the request for services and, where available, the method of calculating the fare, are used exclusively for the purposes of the proper performance of the service. Such usage data specifically comprise the details identifying the individual as a user, data on the start and end of the service and the extent of usage on each occasion, as well as data on the means of remote communication used by the user.
The user consents to the use of usage data for advertising, market research and the formulation of offers related to the service used, for the purpose of creating usage profiles using pseudonyms. Consent to the use of the data may be withdrawn at any time. Under no circumstances are usage profiles cross-referenced with the data associated with them.
The user consents to the disclosure of their data to Taxi Napoli for the purposes of contract performance and/or legal recourse. Data may only be disclosed to third parties in accordance with the provisions of the law.
The user consents to their location data, obtained through geolocation whilst using the application, also being transmitted to the driver to whom the service request is sent.
Should you require further information or wish to withhold or withdraw your consent to the use of essential data, and/or withdraw your consent to the use of usage data, you are invited to contact Taxi Napoli via the website http://www.taxinapoli.it or http://www.goxgo.it.
By completing registration on the GOXGO app, the user accepts the privacy policy pursuant to Article 13 of Legislative Decree 196/2003, attached to these terms and conditions.
Final provisions
Should any provision of these terms and conditions of use be invalid, unenforceable or incomplete, this shall not affect the validity of the remaining provisions. In the absence of specific provisions applicable to a particular case, the relevant legislation in force and compatible with these terms, as well as the provisions of the relevant codes, shall apply.
Taxi Napoli reserves the right to amend these general terms and conditions. The general terms and conditions may be viewed at any time on the website http://www.taxinapoli.it or on the website http://www.goxgo.it, or within the application itself on the device being used.
The place of conclusion of this contract is Italy and, as such, it shall be governed exclusively by Italian law. The exclusive place of jurisdiction for any disputes is Naples.
Data protection notice for the taxi booking and dispatch service provided by Taxi Napoli.
This notice explains to the user the nature, scope and purposes of the collection and processing of personal data by the data controller within this smartphone application. In Italy, the main legislative provisions are contained in Legislative Decree No. 196/2003.
The protection of users’ personal data is of great importance to Taxi Napoli. All personal data provided by the user (first name, surname, telephone number, town of residence, pick-up address, destination address, location, etc.) is collected, stored and processed exclusively in accordance with the specific data protection laws applicable in the country in which, or in relation to which, such personal data is processed.
This notice (“Privacy Notice”), provided pursuant to Article 13 of Legislative Decree No. 196 of 30 June 2003 (Personal Data Protection Code, the “Code”) by the Data Controller, Taxi Napoli s.r.l. (hereinafter also “Taxi Napoli”) sets out our privacy policy to explain how users’ personal information is handled when they use our services and to enable users to give their express and informed consent to the processing of personal data in those sections of the application where they may be asked to provide such data.
Specific sections of the application where data is collected – relating, for example, to registration procedures, login, other service requests or participation in promotional initiatives or surveys organised by GOXGO via the application – may contain specific information on data processing or refer to this Privacy Policy.
By accessing and using the application, the user acknowledges that they have carefully read this policy and accept the purposes and methods of processing described herein. Should the user not agree with the contents of this Privacy Policy, they are advised not to use the application’s content or services.
‘Processing of personal data’ means any operation or set of operations, carried out with or without the aid of electronic means, relating to the collection, recording, organisation, storage, consultation, processing, modification, selection, retrieval, comparison, use, interconnection, blocking, communication, dissemination, the erasure and the destruction of data, even if not recorded in a database.
Personal data provided by users submitting enquiries are used solely for the purpose of fulfilling the enquiries submitted, and are disclosed to third parties only to the extent that this is strictly necessary and functional to that purpose, in accordance with the specific privacy notices provided pursuant to the Code. Personal data is processed by staff specifically appointed to carry out such processing, to the extent that this is necessary for the performance of their duties, carrying out only those operations necessary for the performance of those duties.
Purpose of the processing
The processing that Taxi Napoli intends to carry out has the following purposes:
Fulfilment of obligations arising from contracts entered into with Taxi Napoli. In such cases, pursuant to Article 24 of the Code, users are informed that their consent is not required if the processing is necessary to fulfil obligations arising from a contract; furthermore, during the negotiation phase, it is also not mandatory to obtain consent if the processing is necessary to comply – prior to the conclusion of the contract – with their specific requests;
Provision of the services requested by the user upon registering on the app and creating their account and/or profile, including the collection, storage and processing of data for the purposes of establishing and subsequently managing, from an operational, technical and administrative perspective, the relationship (and the account and/or profile created by the user) connected with the provision of services and the sending of communications relating to the performance of those services;
Management of payments (including the processing – in accordance with the law – of payment data, such as credit card details and/or bank account details and/or other equivalent payment instruments or methods where such a payment method is selected by the user) for the services requested and any associated charges, in accordance with the general terms and conditions and/or other specific contractual conditions published on the application or otherwise made available to the user;
Activities connected with and instrumental to the collection, management and recovery of debts owed to Taxi Napoli by its users; Management of relations with third-party public authorities and bodies for purposes relating to specific requests, compliance with legal obligations or specific procedures.
Any further use of personal data for advertising or market research purposes, as well as to provide a personalised range of services, requires separate and explicit consent. The user has the right to give their consent before registering for GOXGO’s services. Such consent is given voluntarily and may be withdrawn at any time.
In particular, the user may provide separate and explicit consent to the processing of usage data, including for advertising and market research purposes.
Personal data necessary to enable the use of the services and their billing (usage data) are also used and processed exclusively to ensure proper fulfilment of the contractual obligations. Such data include the user’s identification details and information relating to the start, end and extent of use of GOXGO’s services.
Treatment methods
Taxi Napoli collects, stores and processes the user’s personal data only where necessary to enable the user to use the application correctly. By using the application, the user consents to the collection, storage and processing of their personal data. The user may at any time withdraw their consent in writing via http://www.taxinapoli.it or http://www.goxgo.it, or object in writing to the further use of their personal data.
In order to use the GOXGO app correctly, the user consents to the tracking of their location (GPS data) and to the transmission of their username and telephone number to the taxi driver or taxi association that has accepted their request for a taxi.
The user’s personal data, collected via the app, will primarily be processed using electronic tools designed to ensure maximum security and confidentiality. However, the data collected in this way may also be processed manually, without the use of electronic tools. The data may also be processed should it become necessary to assert or defend a right of Taxi Napoli in court.
For further information, or to give or withdraw consent to the processing of their personal data, the user must visit http://www.taxinapoli.it or http://www.goxgo.it. Categories of recipients to whom personal data may be disclosed or transferred
With regard to the disclosure of personal data, users are hereby informed that the information provided may be disclosed to the following recipients or categories of recipients:
Public authorities, for the fulfilment of obligations laid down by law, regulations or EU legislation. In such cases, Article 24 of the Privacy Code exempts the Data Controller from the obligation to obtain the data subject’s prior consent to such disclosures;
Companies affiliated with GOXGO.
Personal data collected and stored in Taxi Napoli’s databases will be processed by employees and/or collaborators of the Data Controller or by persons appointed to process such data (“Data Processors”); such data will not be disclosed to third parties, except as provided for above and, in any event, within the limits set out by law or in this Privacy Policy.
Taxi Napoli reserves the right to engage third parties to process personal data on its behalf and – consequently – may share personal data with such third parties. However, Taxi Napoli will require such third parties to comply with its own principles and privacy policy whilst processing the aforementioned data.
Whether consent to provide personal data is optional or mandatory / consequences of refusal.
You are free to provide the personal data requested by GOXGO from time to time, but failure to do so may mean that the requested services cannot be provided.
Consent to the processing of personal data is not required for any of the processing operations specified above that are in any case connected with and/or necessary to fulfil an obligation laid down by law or by EU legislation, or to fulfil obligations arising from a contract to which the user is a party, or to fulfil specific requests made by the user prior to the conclusion of the contract.
Should the user decide not to give consent to processing operations for commercial and promotional purposes – where requested in specific sections of the GOXGO application – such refusal will have no consequences whatsoever.
Right of access to personal data and other rights
The data subject may contact the Data Controller or the Data Processors at any time to exercise their rights as provided for in Article 7 of the Code (Right of access to personal data and other rights), reproduced in full below:
The data subject has the right to obtain confirmation as to whether or not personal data concerning him or her exist, even if not yet recorded, and to have such data communicated to him or her in an intelligible form.
The data subject has the right to obtain information regarding: a) the origin of the personal data; b) the purposes and methods of processing; c) the logic applied in the event of processing carried out with the aid of electronic means; d) the identification details of the data controller, data processors and the designated representative pursuant to Article 5(2); e) the persons or categories of persons to whom the personal data may be disclosed or who may become aware of it in their capacity as designated representative within the territory of the State, data processors or persons authorised to process the data.
The data subject has the right to obtain: a) the updating, rectification or, where the data subject has an interest in doing so, the completion of the data; b) the erasure, anonymisation or blocking of data processed in breach of the law, including data which need not be retained for the purposes for which the data were collected or subsequently processed; c) confirmation that the operations referred to in points (a) and (b) have been brought to the attention, including as regards their content, of those to whom the data have been disclosed or made public, except where this proves impossible or involves a clearly disproportionate effort compared with the right being protected.
The data subject has the right to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning him or her, even if such data are relevant to the purpose of collection; b) to the processing of personal data concerning him or her for the purposes of sending advertising or direct sales material, or for carrying out market research or commercial communications.