General contractual terms and conditions regarding the provision of services on the VALETino platform
1. General provisions
1.1. These General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions") set out the principles and rules applicable to the provision of services by VALETS and BENEFICIARIES, as well as EU VALETING SERVICES, owner of the VALETino Platform, a platform dedicated to posting requests/offers for facilitation of services by a Valetino certified Valet and a Beneficiary.
1.2. Accessing the "VALETino" service provision Platform and registering an account on it and/or publishing requests/offers for the provision of services represents the full and unconditional acceptance of these General Terms and Conditions.
“The "VALETino Platform"/the "Platform" means the website(s), applications, platforms and/or other systems of VALETino.ro, through which the Service is offered.
”The Application”refers to the website and mobile applications developed by the company EU VALETING SERVICES S.R.L., with respect to which EU VALETING SERVICES exercises its intellectual property rights and through which the Service may be used in accordance with these Terms and Conditions.
The application allows the creation of user accounts for both the Valet and the Beneficiary, allows viewing of requests/offers available according to city and period, facilitates the launch of requests by the Beneficiary, the launch of offers by Valets and the acceptance or rejection of offers o by the Beneficiary, facilitates the online payment, the confirmation of the acceptance of the price offer, as well as the rating posts in the platform for both the Beneficiary and the Valet.
The "Company" means EU VALETING SERVICES S.R.L., a limited liability company, established and operating in accordance with Romanian laws, having its registered office in Constanta, 28A Tudor Vladimirescu Street, registration number in the Trade Register J13/1791/2021, tax identification number RO44349534.
"Intellectual Property Right" means any patent, copyright, invention, database rights, trade name, trademark, logos, service mark, knowledge, utility model, unregistered design or, where relevant, any application of any such right, knowledge, trade or business name, domain name or other similar rights or obligations, whether registered or unregistered, or any other industrial or intellectual property right existing in any territory or jurisdiction in the world.
“Creating the User Account” – based on the registration, the user account will be established for the applicant, therefore the User becomes a Beneficiary or a Valet, depending on the registration process he/she has performed. The Beneficiary/Valet will access the user account based on the data he/she has entered during registration (access data).
“User Account” – you may be simultaneously registered as a Beneficiary and as a Valet. The Beneficiary can only have one Beneficiary account. The Valet can only have one Valet account. No user is entitled to transfer the user account to a third party.
“User" – any natural person or legal entity that accesses the platform, creates an account and uses the service offered by the platform.
“Car Valet service" – driving the vehicle without other persons in it, from address A to address B indicated by the user or the car owner (when making the request in the platform) in order to provide the end services desired by the Beneficiary, end services that are provided by Professional Partners or third parties, not by the Valet.
"Beneficiary" – a person who has an account on the platform and has purchased or intends to purchase Valet services through VALETino.
"Valet" – a person or company that has an account on the platform and intends to offer its car Valet services through VALETino.
“Offer" – represents the value of the service that the Valet offers.
“Request" – the request for valet services posted by the beneficiary.
“Rating" – a way of expressing a User’s degree of satisfaction.
“Partner" – natural or legal person that provides the nd service to the beneficiary. For example: car wash, auto repair shop, towing company.
“Civil convention or collaboration contract” means the agreement concluded between the Beneficiary and the Valet, for the purpose of supplying/providing valet services, in compliance with the legislation in force.
“Transaction”– means the payment operation performed by the Beneficiary for the service provided by the Valet and for the use of the platform, and the collection made through the Platform on behalf of the Valet (amounts to be reimbursed to the valet at a later date) and the platform charge.
“Electronic receipt form” – must be accepted by the Beneficiary, and the Valet fills it out directly from the platform, both when taking over and when returning the Vehicle. Both the Valet and the Beneficiary are responsible for the pictures uploaded to the platform and the description or entries in the form. This step is important and mandatory to ensure payment of the Valet by VALETino.
"Platform usage fee" – represents the amount of money to which VALETino is entitled for making the platform available under the Convention and which represents a fixed amount or a percentage of the price paid by the beneficiary upon acceptance of the Receipt or Delivery Form, which VALETino will retain in the amount and in accordance with the Terms and/or the contractual conventions signed or the agreements signed with the Valet.
"Application License" – refers to the right granted by VALETino to registered users to use the platform, following the creation of the VALETino User account and acceptance of these Terms and Conditions (Convention/contract between VALETino and the User).
“NETOPIA online payment partner” – by accepting these Conditions, the User accepts the “Terms and Conditions” of the NETOPIA online payment service partner. The user also agrees that Valetino and NETOPIA will be able to intervene in the event of any possible disputes between the Valet and the Beneficiary.
"Personal data” – any information about an identified or identifiable natural person (“data subject”). It refers to personal data (non-exhaustive list): first name and last name of the person, address, e-mail address, telephone number, customer identification codes/online identifier, etc.;
"Personal data controller" means the natural or legal person, public authority, agency or other body which, alone or in conjunction with others, establishes the purposes and means of the processing of personal data. Regarding this website, the data controller is represented by EU VALETING SERVICES SRL. Also, the Controller's Partners, who provide the end service to the Beneficiary, will be considered independent data controllers;
"Consent of the data subject" – any manifestation of the data subjects means any manifestation of their specific, informed, and unambiguous expression of the data subjects’ free will, by which they accept, by an unequivocal statement or action, the personal data concerning them to be processed.
"Processing” – any operation/set of operations performed on personal data (with or without the use of automated means), namely: collection, recording, organization, structuring, storage, adaptation, modification, extraction, consultation, use, disclosure, dissemination, making available, alignment, combining, restriction, deletion, destruction, etc.
Upon registration, the Beneficiary must meet the following conditions:
- register with their real identity
- provide an e-mail address and a contact telephone number
- must not have been the subject of complaints from other Users
- accept the General Terms and Conditions of the Valetino Service
- the vehicle has the Compulsory Car Liability Insurance in force during the provision of service and Casco
- the vehicle has a Periodical Technical Inspection in force during provision of the service.
- the vehicle must have a pink slip and road tax sticker in force during the time spent with the Valet.
Upon registration, the Valet must meet the following conditions:
- register with their real identity
- provide an e-mail address and a contact telephone number
- must be of legal age and hold a category B driving license
- must not have been the subject of a criminal complaint
- must not have received car fines in the last 2 years
- must have a valid driving license, both at the time of registration and during the entire period of use of the Vehicle;
- must not be medically unable to drive;
- must accept the General Terms and Conditions of the Valetino Service
- must update personal information in their user profile when a change occurs.
- must respect and be accountable to the beneficiary and to the law according to the legislation in force.
Any damages resulting from the provision of the Valet service will be the full responsibility of the Valet, the Beneficiary and/or the insurer.
The insurer will indemnify the beneficiary as follows:
The risks covered by this policy are material damage for which the Insured is at fault, as a result of improper handling, of vehicles left by the owners in the custody of EU VALETING SERVICES S.R.L, namely:
- traffic accidents;
- collisions, impacts, overturns;
- accentuated scratching or deformation of car body components, breakage of windshield, rear window, side windows, headlights, taillights or indicators;
Damage caused to vehicles belonging to EU VALETING SERVICES S.R.L. clients, taken over and driven by EU VALETING SERVICES S.R.L. partner-valets in order to provide the contracted service and return, but within a limited distance of the city from where the vehicle was taken.
Any financial losses of the vehicle owner will be covered as a result of the modification of the Bonus/Malus class at the renewal of the car liability insurance policy in the sublimit of a maximum amount of 100 EUR/case.
For damage to CASCO insured vehicles:
If the owner of the vehicle is a natural person - if the CASCO policy provides the clause that covers the situations in which the vehicle is driven by another person, no compensation is granted by this policy. If the CASCO policy does not provide for this clause, compensation will be granted under this policy only if the CASCO Insurer of the damaged vehicle files a suit against EU VALETING SERVICES S.R.L.
Any changes to the CASCO fee will be covered when the policy is renewed by the owner of the vehicle as a result of the compensations granted as a result of the damage caused by the employee of EU VALETING SERVICES S.R.L. in the maximum sub-limit of 200 EUR/case.
In cazul daunelor provocate din culpa Valetului, in urma unui accident de circulatie acoperit de asigurarea EU Valeting Services S.R.L., Valetul este raspunzator in limita sumei de 500 de euro.
Liability limit per event: EUR 20,000 with the sub-limits mentioned in the aforementioned points.
Valetino has no legal or contractual obligation to verify the Valet's compliance with the conditions listed above, as the Valet or the Beneficiary are solely responsible for any breach thereof.
Valetino provides the optimized electronic platform through which the Beneficiary can be offered car valet services by the Valet.
Valetino certifies the drivers registered in the application for the following details: Preventive, Respectful, Punctual, Correct driving style.
5. The right to deny access
VALETINO may deny access to services to users registered in the Application who:
- behave inappropriately or disrespectfully towards other users.
- choose a different payment method for the services than the one specified in the Application;
- do not comply with these General Conditions.
Valetino can claim damages from users that affect its image and business through inappropriate, slanderous, and biased posts, which can slow down the evolution of the business.
6. The Convention/Contract with VALETino
Valetino concludes the Convention/Contract with Users only in electronic form, by making available the documents in the application/website (specific links from where the documents can be downloaded). Acknowledgment and acceptance of these Conditions and contractual clauses are made by activating the account as well as by checking the agreement in the application registration process.
If the User does not agree to the terms and conditions in the attached documents, does not click on the activation link or does not continue with the registration process, the account will be automatically deleted within 48 hours.
The Convention/Contract is concluded tripartite and enters into force on the date of completion of the registration form on the platform and the creation of a user account.
The services offered by the Convention/contract are:
- access to the Valetino platform to both the beneficiary and the Valet, and, through this access, the right to use the Application or other rights and obligations stipulated in these General Conditions.
- the provision of the car valet service by the Valet to the beneficiary.
The duration of the Convention/contract is concluded only for the period in which the account is active or the service is provided.
Closing the user account. The Convention/Contract may be terminated by closing the user account, both by the Beneficiary and by the Valet. Closing the user account will have the same effect as a notice of termination without notice.
The user account can only be closed by sending an email to VALETINO at:
7. Platform operation process
After registering in the platform, users go through the following steps:
Defining the Request
The beneficiary chooses the type of service, the car, the address from which the valet must pick up the car, the location where it must be taken, the return location of the car, the date, and the pick-up interval. The delivery interval is at the verbal agreement between Valet and the beneficiary and may change due to traffic conditions or the loading of final suppliers.
Publication of the Offer
The valet must select the new requests in the application and sent an offer. The price of the offer is the decision of the Valet.
Accepting the offer
The beneficiary can view an unlimited number of offers. He/she can then choose an offer and accept it.
After accepting the offer, the beneficiary's contact details are available to the Valet and he/she will be contacted by phone by the Valet.
Handing over and receiving the car:
The Valet receives an email or message in the application informing him/her that his/her offer has been accepted and he/she then has access to the customer's phone number.
He/she calls the customers and informs them that he/she is on his/her way and goes to the indicated address.
When he/she arrives and meets the customer, he/she takes over the car.
The car will be picked up by the filling out by the Valet of the electronic receipt form. Each part of the car is described in a chapter and can be photographed directly from the application, each legal document is described, then the Valet saves the form and it is automatically sent through the platform to the beneficiary upon acceptance.
Pay attention! For the payment of the SUPPLIER/PARTNER, the beneficiary will give the Valet a sum of money, in cash form. The amount of money will be recorded in the special field indicated in the receipt form.
The beneficiary opens the form, verifies it and then approves it. If he does not agree with any point, he talks to the Valet so that the latter can redo the form and then the beneficiary approves it.
The beneficiary must ensure that he/she ascertains the identity of the Valet and that he/she checks the validity of the permit before handing over the car.
Makes the payment with the Online card and approves the report.
Checks the status of the form, whether it was accepted.
Checks if the payment was made.
Takes over the car only if points 1 and 2 have been completed.
The same operations will be performed at the final delivery to the beneficiary.
The Valet's obligations when taking over the Vehicle.
The valet is required to arrive on time at the place where the Vehicle is to be picked up, able to drive the Vehicle in accordance with the legal regulations.
The driver will not be under the influence of alcohol or other toxic substances.
The driver is obligated to have on him/her and to present to the Beneficiary his original identity document and the original driving license. Failure to present these documents in their original form reserves the right of the Beneficiary to not hand over the Vehicle.
In this case, the valet service cannot be validated and cannot be executed.
The Beneficiary's obligations when handing over the Vehicle.
The Beneficiary is obligated to arrive on time at the place where the Vehicle is to be handed over and to prepare the Vehicle to be handed over to the Valet with all the necessary documents in accordance with the law and these General Conditions.
Inspection of the Vehicle upon it being taken over by the Valet and the Beneficiary. When taking over the Vehicle, the Valet, together with the Beneficiary, checks the condition of the Vehicle, the defects, flaws discovered and any non-conformities in the process of receiving directly from the application. The valet must upload photos in the Application according to the indications from the receipt process, in case there are other damages that are not included in the receipt form, pictures can be uploaded in the "overview" section and then detailed in the "observations" section.
Vehicle condition upon handover.
The vehicle must be handed over in perfect working order and with all legal documents within the time-limit;
Example: CAR LIABILITY insurance, CASCO insurance, ROAD TAX STICKER, PINK SLIP, Periodical Technical Inspection
The document for the handover and receipt of the vehicle is completely electronic and does not require a holographic signature.
8. The non-compete clause
The Beneficiary and the Valet agree that they are not allowed to work directly without using the platform or providing concurrent services to the Valetino application, given that through the process of user validation and use of the platform they understood the business know-how.
Any type of competitive relationship that harms the Valetino platform will be compensated by the one who causes damage with a minimum amount of 10,000 euros, and the amount can be recalculated according to the effects produced.
9. Processing of personal data
EU VALETING SERVICES S.R.L., as the Personal Data Controller, makes every effort to ensure that it protects and respects the confidentiality of personal data belonging to Beneficiaries and its partners, by implementing appropriate technical and organizational measures, in accordance with the requirements of Regulation no. 679/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on data protection) and Law no. 190/2018 on the implementation of the General Regulation on Data Protection and good practices in data processing.
The information provided by the Beneficiaries and partners will be stored by the Controller in electronic format and will not be provided to any other third party, except those directly involved in the provision of services specific to the object of the Controller’s business activity.
10. General rights and obligations of the Beneficiary and of the Valet
Providing real data.
The Beneficiary/the Valet confirms that all data and statements provided are true, in particular as regards personal and contact details and the conditions under which they may have the status of Beneficiary/Valet.
If there is a change in this personal data, then the Beneficiary/the Valet will immediately update this data in the Application.
Rights and obligations of the Valet
Access is denied to third parties.
The Valet is not permitted to provide the Service or to make it available to any third party. The Valet must not provide the access data or any other access to the user account to third parties and is obligated to take all reasonable steps to conceal such data. The Valet will be fully responsible for any unauthorized use of this access data or of the user account and for any damage thus caused to Valetino, to the Beneficiary or to any third party. If such passwords are lost or stolen or if the right to use such passwords is otherwise violated, the User will be obligated to inform Valetino about this fact immediately and Valetino will change the access data.
Compliance with applicable law.
The Valet is obligated to comply with the legal regulations in force in Romania.
Răspunderea pentru infracțiuni de orice fel (inclusiv cele de trafic).
The Valet acknowledges and agrees that he/she is solely responsible for any wrongdoing and illegal acts that he/she may commit when using the Vehicle. The Valet undertakes to be liable for his/her own acts and/or omissions committed while using the Vehicle, as well as to bear all fines or any other amounts due for improper use of the Vehicle or for any other failure to comply with specific legislation and obligations under this Civil Convention. In the event of an illegal act for which Valet is responsible, the Valet has acknowledged and agrees that both the Valetino platform and the Beneficiary have the right to provide the investigating authorities with information about the Valet. In the event of a penalty for a misdemeanor committed by the Valet, the Beneficiary has the right to request that the Valet pay or reimburse the Beneficiary the fine paid and all costs incurred in connection therewith.
Accident or vehicle damage.
The valet is obliged to inform the Beneficiary, within a maximum time limit of 1 (one) hour of occurrence, as well as the competent bodies immediately after the occurrence, of any event that caused the partial or total destruction of the Vehicle or its disappearance and to respond affirmatively to any requests from the Beneficiary and any public or private institutions (Insurer, etc.) in order to repair the damage suffered by the Beneficiary.
In cazul daunelor provocate de Valet asupra Autovehiculului sau componentelor acestuia, altele decat cele rezultate in urma unui accident de circulatie, Valetul va achita toate sumele necesare reparatiei sau inlocuirii elementelor avariate, pierdute sau distruse.
Compliance with applicable law.
The Valet acknowledges and agrees that, in addition to the obligations contained in these General Conditions and in the Civil Convention, the Valet must also fulfill his/her obligations under the specific legislation in the field, including but not limited to tax regulations with regard to the payment of the income tax from the provision of services.
The valet knows and accepts that the income he/she earns from the provision of services through the Application is taxable and that, where appropriate, payments made by the platform on behalf of the Valet will be stopped at the source.
Rights and obligations of the Beneficiary
Notification, if the vehicle is not returned.
The beneficiary is obligated to inform Valetino no later than 3 hours after the occurrence, in the event that the Vehicle is not returned within the term established with the Valet.
The notification will be sent to the email address: email@example.com.