Description of the portal functions and the legal relationship with the client.
Italy Adventure is a useful platform for booking sports activities, managed by “Italy Adventure”
Italy Adventure guarantees its customers the search for specific outdoor activities offered by our qualified partners present on the Italian territory and to be able to book through our platform.
Italy Adventure has as its mainn goal the connection of customers with our partners through the platform.
Italy Adventure is not an integral part of the contract that will be stipulated between the customer and the partner selected for outdoor activities.
General terms of service:
This document legally defines the terms of service that exist between Italy Adventure and the customer. They are only applied to the use of the platform for the purposes of research and booking of outdoor activities and will not be applied to any relationship between the customer and the products / services provided by our partners.
Italy Adventure reserves the specific right to modify any clause in the current legal document without any prior notice of any kind, so please read this document from time to time in order to learn potential changes.
The customer who intends to make use of our services, proves to have read and accepted the current legal document. If he does not agree with one or more express clauses, please do not use the services offered.
Last updated service terms: DATA
Paragraph 1: Definitions:
This paragraph will list the terms and their definitions used later in this legal document.
“Activities“: must be understood as the sporting activity or the service offered for booking by a Partner on the Site and, as the case may be, ordered by the Customer through the Service.
“Apps“: they must be understood as mobile applications for iPhone and Android devices, including their future updates or modifications.
“App Store“: must be understood as the download platform of the app mentioned above as the Apple App Store or the Google Android Market, through which the User has downloaded the Application.
“General conditions of use“: this must be understood as the present document, modified from time to time in accordance with the provisions contained in the article.
“Content“: must be understood as information, texts, photographs, comments and all other elements that Users can communicate, insert or simply view through our platform.
“Contract Agreement“: must be understood as the contract between a Partner and a Customer through an order on the portal by the Customer for an activity (or a Gift Certificate) with a Partner, according to the terms described in the “Reservations and payments”.
“Customer“: must be understood as a User, with a customer account, which uses our platform to book and take advantage of the services offered by our partners.
“Participant“: means a registered individual for the participation of an activity booked through the platform.
“Gift certificate“: it must be understood as the gift voucher that customers can buy on the platform to offer a specific gift activity to someone.
“Partners“: they must be understood as natural or legal persons who use the Website to offer activities to users / clients.
“Platform“: means both our website and our mobile applications through which the customer can use our services.
“Service“: must be understood as the technical service that connects Users / Customers with Partners as described in the introduction of this document.
“Italy Adventure“: hereinafter also referred to as “we”, “the company”, “the company” representing the commercial activity that owns the platform that provides the described service.
Paragraph 2: Description of the service
Italy Adventure, through its platform, is aimed at offering visualization and booking services for specific outdoor activities then offered by our partners located in Italy.
The company also offers payment, reimbursement, cancellation, search, booking services provided by our partners and also undertakes to provide specific customer support services to guide him in all phases of research, booking payment and any refund.
Through the platform, every customer has the opportunity to consult and book sports activities offered by the partners. When booking, a specific legal link (contract) between the client and the partner is formalized. The company assumes no legal-legal responsibility for any action taken at that stage.
In this way the user assumes all the responsibilities related to the execution of the activity and the Partner is responsible, towards the Customer, of the sports activity that he will have to provide, also Italy Adventure is not responsible for customer behavior towards the Partner nor of the execution of the activity itself.
Paragraph 3: Access and service identification
The user is responsible for access to the Platform and its services offered. Access is allowed exclusively through the Internet for which it is the sole responsibility of the customer to protect against potential risks and dangers arising from such technology.
The user to have a full access to book the activity, must create an account on the platform or if he already is in possession must login through username and password.
He must also provide accurate and truthful information during registration and update them in case of future changes.
He is solely responsible for the security of his access data, therefore the company can not be cited in any way in case of loss of profits due to the loss of data.
Paragraph 4: Booking and payment
4.1 Activity booking modalities
The user books the activity offered by the partner through the services offered by Italy Adventure.
In order to be able to accept any booking attempt, we need the details for the payment method chosen by the client on which a pre-authorization of the transaction will be carried out by the payment system.
Once the payment is accepted, our partner will receive the reservation request and will reserve up to 72 hours to accept or refuse this reservation.
In the event that it is accepted, the legal contract will be established that regulates the relationship between user and partner.
In the opposite case in which the reservation is refused by the partner, no price will be charged to the user.
It is also specified that the availability of the activities provided on the platform, provided by our partners, are subject to the availability expressed by them. We will therefore not be legally responsible for any compliance or non-compliance of our partners in this regard.
Finally, it is specified that the customer will have the right to cancel any reservation request until it is processed by the partner. This cancellation must be made by sending an email to firstname.lastname@example.org indicating the details of the reservation.
In case of booking confirmation, the user will receive a summary of the booked activity.
The booking summary must be delivered to the Partner at the beginning of the activity.
The User accepts that the activity may undergo changes, such as due to weather conditions, and a possible cancellation will follow the cancellation policies described in these terms of service and in the cancellation policies.
4.2 Payment of booked activity
Italy Adventure is responsible for validating and collecting the price for the reserved activities in the name and on behalf of the Partner.
For all bookings totaling more than € 1,000 or an equivalent amount in another currency, Italy Adventure may ask the Customer to provide a copy of an identity document and a certificate of residence before validating the booking request.
The Site and the Service allow Users and Clients to identify the prices of the Activities and to make the payment in a certain number of currencies that can be selected.
If the currency selected by the user or by the customer to view or pay for the activity price is different from the currency accepted by the partner selling the activity, it is specified that the displayed and retained price will be the result of a price conversion of activity in the currency selected by the user or by the customer.
In this case, the conversion rate applied is a market rate calculated on the basis of the previous day’s rate provided by a specialized service provider independent of Italy Adventure. Regarding the payment, the reference rate is that applicable to the date of the reservation request.
Customer payment in certain currencies may be subject to additional transaction fees automatically taken into account in the conversion rate used to display asset prices. Customers who choose this type of currency must be informed when the order is validated. For more information on relevant currencies, users and customers may contact Italy Adventure at email@example.com.
4.3 Modifications and Cancellations
Modification of a book
The Customer may request a change in the date of the booked activity, such modification is regulated according to the terms and conditions of the Partner.
Any modification of the reservation must be made through access to the Italy Adventure portal with personal credentials (username / password) or by sending a request to firstname.lastname@example.org
Italy Adventure will contact the Partner and negotiate the reservation change.
In case of confirmation, the customer will receive the new booking confirmation.
In the event that it is not possible to change the booking or the Partner does not accept any booking changes, the Customer must apply what described in the following paragraph Request of cancellation on the Client side.
Cancellation request by Customer
The Customer can request the cancellation of the activity in order to obtain a refund, according to our internal regulations dictated by the Cancellation Policy.
The Customer and its participants who do not show up at the meeting place of the activity or make a cancellation after the end of the acceptance by the partner, are not entitled to any type of reimbursement.
The regulation of cancellation policies is described in Cancellation Policy.
Cancellation request by Partner
The Partner may cancel the reserved activities at any time due to circumstances beyond its control and which could render the activity impossible or dangerous, such as weather conditions.
The Partner will inform the client and the participants about the cancellation and its relative motivation.
Where possible, the partner may propose another date, in the event that the customer accepts, the activity will be re-scheduled and agreed between Client and Partner.
While, in the event that the customer does not accept, the terms and conditions set by the Partner apply and the Customer can request the entire refund of the activity, without any compensation.
The refund will be made to the Customer as soon as the partner informs Italy Adventure of the cancellation of the activity.
This refund will be made by Italy Adventure as partner’s agent.
Paragraph 5: Costs of service
The service offered by the current company is free for both users who use the platform for the first time, and for customers who have already used it. Therefore, there is no commission to use the platform.
Paragraph 6: Evaluation of the Partner and the services provided
Italy Adventure to guarantee a transparent service, has provided a service of evaluation of the Partner. In any case, we are not responsible for any evaluation made by the customer regarding the services offered.
The client, at the end of the activity, is free to leave an evaluation and in doing so he / she is asked not to apply the following contents: defamatory, harmful or incorrect actions against the Partner, also it is not allowed to indicate personal information in the text (name and surname of persons, telephone numbers, addresses), financial information, links to other websites or any content that could give rise to a conflict of interest.
Italy Adventure performs a moderation of comments and reserves the right to contact you to verify and evaluate the information released.
Users or partners can request the moderation of an online evaluation by writing to: email@example.com explaining the reasons for the request.
Italy Adventure reserves the right to remove any type of comment not compliant with what has been declared and may take additional actions to this end, such as suspension or deletion of the account, depending on the seriousness of the fact.
Partners within one month of receiving the comment on their activity description sheet, may request to reply by sending an email to firstname.lastname@example.org indicating the comment received and the reply. Italy Adventure will verify that the message is compliant and valid.
Paragraph 7: User’s compliance
7.1 Compliance with current regulations
By using our platform and our services, you acknowledge that you understand that you are following a particular course which contains the following clauses:
- Do not use offensive attitudes towards other people
- Do not use third-party data
- Do not create fake accounts
- Do not use contact information obtained through the Site or the Service to spread unwanted or unauthorized mail.
- Do not use contact information obtained through the site to spread virtual threats (viruses or similar)
- Do not damage the reputation of Italy Adventure and its brand
- Do not cause the Site to be interrupted or cause cyber attacks of any type
- Do not damage services offered by third parties
- Do not access or attempt to access data that is not intended for Users or to enter or attempt to enter any part of the server hosting the Site.
Do not upload on the Site, view or send by e-mail or any other means any element containing software viruses or other codes.
7.2 Responsibilities and obligations relating to the booking of the activity
Inherently with the provisions on the obligation to book activities, the customer undertakes to pursue the following conduct:
- Carefully read the information sheet and make sure that you meet all the conditions required to carry out the activity (minimum age, difficulty level, certifications / licenses / patents required, language in which the activity will be carried out, etc.), otherwise the partner can refuse access to the activity if only one of the requested conditions is not met.
- Respect the rules provided by the Partner
- Respect the date and time of booking the activity
- Any activity carried out externally to the site is not certified and will not be the responsibility of the Partner nor by Italy Adventure
- Neither the Partner nor Italy Adventure have equipment to verify the physical condition and psychology of the users nor the verification of certifications, therefore the users and the Participants, participate in the activity under their own responsibility taking into account their level, physical conditions, experience, limits and risks inherent in participating in a “risky” sport activity.
To this end, neither Partners nor the Company will be liable for injuries, accidents or deaths while performing an activity.
7.3 Limitation of Liabilities
The service user undertakes to remove any potential legal liability arising from the use of the service and the platform. He is also obligated for any potential repayment to the company following potential legal dispute situations.
It should also be noted that the activities on the platform do not provide any integrated insurance covering physical or other damages.
Paragraph 8: Property rights and copyrights
8.1 Platform and service rights.
The platform, services and data they contain are protected by the law on intellectual property.
It is also forbidden to copy, modify, reassemble, disassemble and reassemble in different form and or to transfer in any way the rights relating to the protected elements; consequently, any attempt to reproduce the platform or any part of it (including codes and / or logos) in whole or in part without the written consent of the company is prohibited and constitutes a forgery sanctioned in particular by the Code of Intellectual Property provided from Italian legislation.
8.3 Marks rights
All logos, trademarks, patents and any distinctive signs on the site are owned by Italy Adventure and its Partners.
Any use of logos, trademarks or any distinctive sign is subject to written authorization by Italy Adventure or its partners who hold the right.
Users acknowledge the rights of the company and its partners in relation to the distinctive signs and refrain from any use and generally violate the intellectual property rights of the Company and its partners.
Users acknowledge that any violation of these rights would be detrimental to the Company and / or Partners and / or its partners, in particular in terms of damage to their image.
8.4 Comments and user contents
Users grant the Company all intellectual property rights of their content and allow the Company to publish online and disseminate all or part of the Content on the site.
The rights assigned in this regard include: reproduction, representation, transmission, translation, distribution, use, modification and translation rights for the media and for all types. These rights are transferred without consideration, for the whole world and for the duration of the protection of the contents by the laws on intellectual property and authorize the publication online through any known or future technical process.
The user also warrants that he has sufficient rights of ownership inherent to the contents and is therefore legally authorized to pursue such action. He also ensures that any content posted through his / her account does not violate third party rights (intellectual property or otherwise).
Users must hold the Company unreservedly against any requests or legal actions relating to the publication of the Content in the platform.
The Company reserves the right, in case of non-compliance by the user with one or more conditions set forth in this legal document, to take actions such as suspension, deletion of the account and / or potential legal claims due to damages of any entity in the event of a serious breach of the joint and several obligations set out in this document.
Paragraph 10: Changes and updates of the service / platform
10.1 Service changes
Users acknowledge and accept that the company is free to make changes to the site or services at any time
Any changes will be subject to the exclusive will of the Company.
Users will be informed, by any means of modification of the Terms of Service and any use of the site subsequent to such modification, will be considered as acceptance of the changes.
Paragraph 11: Responsibilities and legal obbligations
11.1 Services and maintenance
The company undertakes to offer a stable, usable and complete service for most of functional time.
The user acknowledges that, despite all the possible efforts made by the company, networks based on Internet technology may present moments of downtime (non-functioning) due to faults or technical maintenance.
Furthermore, the user understands that the use of the Site and the Service requires the Company to perform technical assistance services, in particular in the context of maintenance operations. Therefore, the Site and the Service may be temporarily suspended, particularly in the event of system failure, maintenance, repairs or updates.
The company can not be held responsible for any damage caused to Users due to the use of the Site or the Service and, in particular, damages resulting from the non-availability of the Site and, in particular, from technical problems.
11.2 Legal responsibilities of the company
The company provides a service that connects Users, Customers and Partners.
The Partners are exclusively responsible towards Customers and Participants for the correct execution of the offered Activities deriving from the booking on the Site
The Company can not be held responsible in any way for the total or partial non-compliance with an obligation and / or poor performance by a Partner in relation to the execution of an activity.
As a result, the Company will not be liable in the event of poor performance or non-performance, in whole or in part, of the obligations of the Partners.
The Company will also not be responsible for the acts of a participant during the execution of the Service.
Customers and Participants shall not take any action against the Company regarding performance issues, non-performance or poor performance of an activity.
11.3 Limitation of liabilities
The company is legally quotable only in case of violation, which is demonstrable by the user or customer, of one or more obligations expressed in this document regarding the provision of the service provided. Liability is limited to damages resulting from violations arising exclusively under his responsibility.
If it is liable to a specific user, it will compensate the latter for a sum not exceeding € 500 and in any case will not be legally cited for any indirect damage, such as any accident or damage of any entity occurring during the performance of the activity booked through our platform.
In any case, no violation can be accepted if presented by the violated party (customer or user) if more than six (6) months have elapsed after the date of the violation for which the customer presents a summons.
Finally, it is specified that the company is not responsible, and therefore not legally cited, for any action during a period of downtime, due to force majeure, for non-fulfillment of any entity of one or more of our partners.
12 Feedback and communications
Italy Adventure is interested in the experience of its customers and wants to offer a quality service.
Therefore, in case of problems during the booking of an activity or during its execution by the Partner, the Customer or the participant can send an e-mail: email@example.com
In case of difficulty with a Partner, Italy Adventure will contact you to try to solve the problem on behalf of the Customer.
In the scenario where a customer wishes to obtain a partial or full refund, such reimbursement – if accepted by the Partner – will be processed directly by Italy Adventure.
Participants may also use the Platform evaluation system, in accordance with the rules listed in paragraph 6 above.
Furthermore, Italy Adventure can not be held responsible in any way in case of non-fulfillment in whole or in part with an obligation and / or poor performance by a Partner with respect to the execution of an activity.
Paragraph 13: Protection of personal data
Paragraph 14: Third parties links
Any direct or indirect connection to the Site can be revoked and denied by the company at any time, without any written or other communication.
The company also reserves the right to request the cancellation of any link to the Site that has not been or is no longer authorized and asks for damages as a remedy for the resulting prejudices.
The Site may also contain direct links to other Internet sites or other Internet sources. Given the impossibility of controlling any source of connected third parties, the Company will not be responsible for making such sites and sources available and is not responsible for the operation, content, advertising, products, services or any other information or data available on or from these sites or from external sources.
The creation of such links does not imply that the Company sponsors or advises the linked site in question or that the Company is affiliated to it.
In addition, the Company assumes no responsibility for any actual or suspected damage or loss, either subsequently or in connection with the use or entrustment of the content, goods or services available on such sites or external sources.
Paragraph 15: General final disposition
If one or more clauses contained in this legal document are considered ineffective or inapplicable by the current legislation, they are to be considered omitted, the remaining retain their full strength and viability.
Paragraph 16: Applicable jurisdictions
These general terms and conditions of use are governed by and must be interpreted in Italian law.
Any dispute concerning the interpretation, execution or resolution of these acts is the sole responsibility of the legal forum of Nocera Superiore.
It is also reiterated that the autonomous contracts established between the partners and the customers when they reserve the activities are governed by the law applicable to each case in question.