Terms and conditions

Introduction:

Italy Adventure is a platform useful for the search and booking of experiential sports activities, managed by “Italy Adventure Srl “Italy Adventure guarantees its clients to search for specific outdoor activities offered by qualified partners present on the Italian territory and to be able to book through the platform. However, Italy Adventure is not an integral part of the contract that will be concluded between the customer and the partner selected for the outdoor activity.

General Terms of Service:

This document legally defines the terms of service between Italy Adventure and the customer. They apply only to the use of the platform for the purpose of researching and booking 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 change 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 about potential changes. The customer who intends to use our services, demonstrates that he/she has read and accepted the current legal document. Last updated terms of service: 10/01/2022

Paragraph 1: Definitions

This paragraph will list the terms and their definitions used later in this legal document. “Activity”: shall be understood as the sport activity or service offered for booking by a Partner on the Site and, as applicable, ordered by the Client through the Service. “App”: shall be understood as mobile applications for iPhone and Android devices including their future updates or modifications. “App Store”: shall be understood as the download platform of the above-mentioned apps such as Apple’s App Store or Google’s Android Market, through which the User downloaded the Application. “General Terms and Conditions of Use”: shall mean this document, as amended from time to time in accordance with the provisions contained in Art. “Content”: should be understood as the information, text, photographs, comments and all other elements that Users can communicate, enter or simply view through our platform. “Contract Agreement”: shall be understood as the contract entered into between a Partner and a Client through an order on the portal by the Client for an activity (or a Gift Voucher) with a Partner, according to the terms described in “Reservations and Payments.” “Customer”: shall mean a User, who uses our platform to book and use the services offered by our partners. “Participant”: shall mean an individual duly registered for participation of an activity booked through the platform. “Gift voucher”: should be understood as the gift voucher or gift card that customers can purchase on the platform to offer a specific activity as a gift. “Partners”: should be understood as natural or legal persons offering the activities to users/customers. “Platform” means both the proprietary website and the mobile applications through which the customer can use the services. “Italy Adventure”: hereinafter also expressed as “we”, “the company”, “the company” representing the business that owns the platform providing the described service.

Paragraph 2: Service Description

Italy Adventure, through its platform, is aimed at offering services to search, view, and book specific outdoor activities then offered by our partners. The company also offers payment, reimbursement, cancellation, search, and booking services for the activities provided by our partners and also undertakes to provide specific support services to the customer to guide him/her through the stages of search, booking payment and eventual reimbursement. Through the platform, each customer has the opportunity to browse and book the sports activities offered by the partners. At the booking stage, a specific legal link (contract) between the customer and the partner is formalized. The company does not assume any legal-legal responsibility for any action that occurs at this stage. In this way, the user assumes all responsibilities related to the execution of the activity and the Partner is responsible to the customer for the sports activity to be provided.In addition, Italy Adventure is not responsible for the customer’s behavior towards the Partner nor for the execution of the activity itself.

Paragraph 3: Service access and identification

The user is responsible for accessing the Platform and its services offered. Access is allowed only through the Internet for which it is the sole competence and responsibility of the customer to protect himself or herself from potential risks and dangers arising from such technology. The user must provide accurate and truthful information in order to book the activity. He or she is solely responsible for the security of his or her own access data, therefore the company cannot be sued in any way in case of loss of profits due to the prior loss of data.

Paragraph 4: Reservation and payment

4.1 Booking mode

You book 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 customer on which a pre-authorization of the transaction itself will be made by the payment system. Our partner will receive, once the payment is accepted, the booking request and will reserve up to 48 hours to be able to accept or not such a booking. In case it is accepted, the legal contract governing the relationship between user and partner will be established. In the opposite case in which instead the reservation is rejected by the partner, no cost will be charged to the user.It is also specified that the availability of the activities provided on the platform, delivered by our partners are subject to the availability expressed by them. Therefore, we will not be legally responsible for any compliance or default of our partners in this regard. Finally, it is specified that the client will have the right to cancel any booking request until it is processed by the partner. Such cancellation must be made by sending an email to info@italy-adventure.com indicating the details of the reservation. If a booking is confirmed, the user will receive a summary of the booked activity. The booking summary must be given to the Partner at the beginning of the activity. You agree that the activity may change, such as due to weather conditions, and any cancellation will follow the cancellation policies described in the cancellation policies.

4.2 Payment of Reserved Activity

Italy Adventure is responsible for validating and collecting the price for Booked Activities on behalf of the Partner. For all bookings for total amounts exceeding € 1,000 or an equivalent amount in another currency, Italy Adventure may ask the Client to provide a copy of an identity document and a certificate of residence before validating the booking request. The Site and Service allow Users and Clients to locate Activity prices and make payment in a specified number of currencies that can be selected. If the currency selected by the User or Customer for display or payment for the Activity Price is different from the currency accepted by the partner selling the Activity, it is specified that the price displayed and retained will be the result of a conversion of the Activity Price to the currency selected by the User or Customer. In this case, the conversion rate applied is a market rate calculated based on the previous day’s rate provided by a specialized service provider independent of Italy Adventure. With regard to payment, the reference rate is the rate applicable on the date of the booking request. Customer payment in certain currencies may be subject to additional transaction fees automatically factored into the conversion rate used to display activity prices. Customers who choose this type of currency must be notified when the order is validated.

4.3 Modification and cancellation

4.3.1 Modification of Reservation
The Client may request a change in the date of the booked activity, such change is governed by the Partner’s general terms and conditions. Any modification of the reservation must be made by sending a request to info@italyadventure.comItaly Adventure will get in touch with the Partner and negotiate the booking change. In case of confirmation, the Client will receive the new booking confirmation. In case it is not possible to change the reservation or the Partner does not accept reservation changes, the Client must apply what is described in the next paragraph Client-side Cancellation Request.

4.3.2 Client-side Cancellation Request:
The Client may request the cancellation of the activity in order to obtain a refund, adhering to our internal regulations dictated by the Cancellation Policy applied to the activity. The Client and its participants who do not show up at the meeting place of the activity or make a cancellation once the deadline for acceptance by the partner has passed, are not entitled to any kind of refund. Regulations for cancellation policies are described in the Cancellation Policy.

4.3.3 Partner Side Cancellation Request:
The Partner may cancel booked activities at any time due to circumstances beyond its control that could make the activity itself impossible or dangerous, such as weather conditions. The Partner will inform the client and participants about the cancellation and its reason. Where possible the Partner may propose another date, in case the client accepts, the activity will be rescheduled and agreed upon between Client and Partner. Whereas, in case the Client does not accept, the terms and conditions provided by the Partner will apply and the Client may request a full refund of the Activity, without any compensation. The refund to the Client will be made as soon as the Partner notifies Italy Adventure of the cancellation of the Activity. Such refund will be made by Italy Adventure as an agent of the Partner.

Paragraph 5: Voucher or Gift Card

Through the functions of the Site it is possible for the User to purchase Vouchers or Gift Cards. The Vouchers are titles of legitimation ex art. 2002 c.c. that entitle the Customer/Beneficiary to spend the amount ivi for the purchase of one or more Activities of the Partners. Vouchers or Gift Cards are bearer and therefore anyone in possession of the Voucher has the right to use it. Consequently, in the event of theft or loss, Vouchers already used by third parties (in whole or in part) will neither be replaced nor reimbursed to the Customer who reported it after use. Vouchers or Gift Cards are not refundable, with the exception of the right of withdrawal referred to in Article 52 of Legislative Decree 206/2005. The Customer may withdraw from the purchase of the Voucher or Gift Card within 14 days of said purchase, pursuant to Article 52 of Legislative Decree 206/2005. In the event that the Customer purchases a Voucher for a Beneficiary, the right of withdrawal pursuant to Article 52 of Legislative Decree 206/2005 may be exercised by the Customer. Vouchers or Gift Cards are valid and can be used within 12 months of purchase. After this period, the Vouchers expire and Italy Adventure may retain the remaining amounts, without the Customer’s right to any refund or return. The consideration is collected by Italy Adventure on its own behalf. The Customer may purchase a Gift Voucher or Gift Card from the appropriate section of the Website. The Customer provides for the entry of his/her data and identification details of his/her credit/debit cards, so as to enable the payment, which will be processed through a secure payment system. As soon as the payment is made, the Customer receives an email notification containing the confirmation of the purchase of the Gift Voucher or Gift Card.

Use of Gift Voucher:
The Gift Voucher is valid only and exclusively for the activity chosen when purchasing the Voucher. The purchase confirmation that the Client receives by email contains instructions for booking the activity.

Use of the Gift Card:
The Gift Card, worth a variable amount, chosen at the time of purchase is shippable in one or more solutions. Partial use of the amount does not give any right to a refund of the unused difference. The confirmation that the Customer receives by email contains instructions for booking one or more activities offered by the Partners.

Paragraph 6: Costs of the service:

The service offered by Italy Adventure is free of charge for both first-time users and customers who have already used the platform. Therefore, there is no fee for using the platform.

Paragraph 7: Evaluation of the Partner and the services provided

Italy Adventure in order to ensure a transparent service, has provided a Partner evaluation service. In any case, it is not responsible for any evaluation made by the client regarding the services offered. The client, at the end of the activity, is free to leave an evaluation and in doing so is requested not to apply the following content: defamatory, harmful or inaccurate actions against the Partner, also is not allowed to indicate in the text personal information (name and surname of persons, phone numbers, addresses), financial information, links to other websites or any content that could give rise to a conflict of interest. Italy Adventure performs moderation of comments and reserves the right to contact the user to verify and evaluate the information released. Users or partners may request moderation of an online evaluation by writing to: info@italy-adventure.com explaining the reasons for the request. Italy Adventure reserves the right to remove any type of comment that does not comply with what was stated just now and may take additional actions in this regard, such as suspension or deletion of the account, depending on the severity of the fact. Partners within one month of receiving the comment on its activity description form, may request to reply by sending an email to info@italy-adventure.com indicating the comment received and the reply. Italy Adventure will verify that the message is compliant and valid.

Paragraph 8: User Compliance

8.1 Compliance with applicable laws and regulations

By using our platform and services, you acknowledge that you understand that you follow certain conduct, 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 Service to disseminate unsolicited 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 name Do not cause disruption of the Site or procure cyber attacks of any kind Not to damage services offered by third parties- Not to access or attempt to access data not intended for Users or to enter or attempt to enter any part of the server that hosts the Site. Not to upload to the Site, display or send by electronic mail or any other means any item containing software viruses or other code.

8.2 the execution Responsibilities and obligations related to activity booking

Consistent with the obligation provisions on activity booking, the client agrees to pursue the following conduct:- Read the information sheet carefully and make sure that you meet all the conditions required to perform the activity (minimum age, level of difficulty, certifications/licenses/patents required, language in which the activity will be performed, etc.), otherwise the partner may deny access to the activity if only one of the required conditions is not met. Comply with the rules provided by the Partner Comply with the date and time of booking the activity- Any activity performed outside the site is not certified and will not be the responsibility of the Partner nor by Italy Adventure Neither Partner nor Italy Adventure have equipment to verify the physical and psychological condition of users nor verification of certifications, therefore users and Participants, participate in the activity on their own responsibility taking into account their level, physical condition, experience, limitations and risks inherent in participating in a “risky” sport activity. To this end, neither Partners nor the Company will be responsible for injuries, accidents or deaths during of an activity.

8.3 Limitations of Liability

The user of the service agrees to remove any potential legal liability arising from the use of the service and platform. He or she is also obligated for any potential reimbursement to the company as a result of potential litigation situations. It is also noted that the businesses on the platform do not provide any built-in insurance covering physical or other damages.

Paragraph 9:Property and copyrights

9.1 Platform and service rights

The platform, services, and the data they contain are protected by intellectual property law. It is also forbidden to copy, modify, reassemble, decompose and recompose in a different form and or transfer in any way the rights related to the Protected Elements; consequently, any attempt to reproduce partially or totally the platform or any part of it (including codes and/or logos), without the company’s written consent, is forbidden and constitutes a forgery sanctioned in particular by the Intellectual Property Code provided for by Italian law.

9.2 Trademark Rights

All logos, trademarks, patents and any distinctive signs on the site are the property of Italy Adventure and its Partners. Any use logos, trademarks or any distinctive sign is subject to written permission from Italy Adventure or its Partners who own the right. Users acknowledge the rights of the Company and its Partners in relation to the distinctive signs and shall refrain from any use of and generally infringe upon the intellectual property rights of the Company and its Partners. Users acknowledge that any infringement of these rights would constitute a detriment to the Company and/or Partners and/or its partners, particularly in terms of damage to their image.

9.3 Comments and User Content

Users grant the Company all intellectual property rights to their own content and allow the Company to publish online and disseminate all or part of the Content on the site and its social channels. The rights assigned in this regard include in particular: reproduction, representation, transmission, translation, distribution, use, modification and translation rights for media and all types. These rights are assigned without consideration, for the whole world and for the duration of the protection of the content by intellectual property laws and authorize online publication by any technical process, known or future.

Paragraph 10: Consequence of non-compliance with the terms of use

The Company reserves the right, in the event of a user’s failure to comply with one or more of the terms set forth in this legal document, to take actions such as suspension, account deletion, and/or potential legal citations due to damages of any amount in the event of a serious breach of the joint and several obligations expressed in this document.

Paragraph 11: Changes and updates to the service/platform

11.1 Service Change

Users acknowledge and agree that the Company is free to make changes to the site or/and services at any time. Any changes will be at the sole discretion of the Company.

11.2 Changes to the Terms of Use

The Company reserves the right to change the Terms Of Use at any time. Users will be notified by any means of the change in the Terms of Use and any use of the site subsequent to such change will be deemed acceptance of the changes.

Paragraph 12: Liability and Legal Limitations

12.1 Site, services and maintenance

The Company is committed to offering a stable, usable and complete service for the majority of functional time. The user acknowledges that, despite all possible efforts employed by the Company, networks that rely on Internet technology may experience moments of downtime (non-functioning) due to technical failures or maintenance. In addition, the user understands that the use of the Site and Service requires the Company to perform technical support services, particularly as part of maintenance operations. Therefore, the Site and Service may be temporarily suspended, particularly in the event of system failures, maintenance, repairs, or upgrades. The Company cannot 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 unavailability of the Site and, in particular, from technical problems.

12.2 Legal responsibilities of the enterprise

The enterprise provides a service that connects Users, Clients and Partners. Partners are solely responsible to Customers and Participants for the proper performance of the Activities offered arising from booking on the Site. The Company shall not be held liable in any way for the total or partial failure of an obligation and/or poor performance by a Partner in connection with the performance of an Activity. Accordingly, the Company shall not be liable in cases of poor performance or failure to perform all or part of a Partner’s obligations. The Company will also not be liable for the acts of a Participant during the performance of the Service. Clients and Participants shall not take action against the Company with respect to problems of performance, non-performance, or poor performance of an activity.

12.3 Limitations of Liability

The company is legally citable only in the event of a breach, moreover demonstrable by the user or customer, of one or more of the obligations expressed in this document regarding the provision of the service provided. Liability is limited to damages resulting from violations arising solely under its responsibility. It shall, should it be liable to a specific user, indemnify the latter for an amount not exceeding €500 and in any case it shall not be legally citeable for any indirect damages, such as any accident or damage of any magnitude occurred during the performance of the activity booked through our platform. In any case, no claim of violation shall be upheld if filed by the violated party (customer or user) after more than six (6) months after the date of occurrence of the violation itself for which the customer files a citation. Finally, it is specified that the company is not liable, and therefore not legally citable, for any action that occurred during a period of downtime, force majeure, default of any entity of one or more of our partners.

Paragraph 13: Feedback and communications

Italy Adventure is interested in the experience of its clients and wishes to offer quality service. Therefore, in the event of a problem when booking an activity or during its execution by a Partner, the Client or participant may send an email: info@italy-adventure.com.In case of difficulty with a Partner, Italy Adventure will contact the latter to attempt to resolve the problem on behalf of the Client. In the scenario where a client wishes to obtain a partial or full refund, such refund – if accepted by the Partner – will be processed directly by Italy Adventure. Participants may also use the Platform’s rating system, in accordance with the rules listed in paragraph 7 above. In addition, Italy Adventure shall not be held liable in any way in the event of default in whole or in part with an obligation and/or poor performance by a Partner with respect to the performance of an activity.

Paragraph 14: Protection of Personal Data

Regarding the rights and obligations regarding the use and protection of personal data, users are invited to consult the Privacy Policy accessible online at the Site.

Paragraph 15: Third Party Links

Any direct or indirect link to the Site, may be withdrawn and denied by the company at any time, without written or other notice.The company also reserves the right to require the deletion of any link to the Site that has not been or is no longer authorized and requires damages as a remedy for any resulting prejudice. The Site may also in turn contain direct links to other Internet sites or other Internet sources. Given the inability to control any linked third party sources, the Company will not be responsible for making available such sites and sources and is not responsible for the operation, content, advertisements, products, services or any other information or data available on or from such sites or external sources. The establishment of such links does not imply that the Company sponsors or recommends the linked site in question or that the Company is affiliated with it. Further, the Company assumes no responsibility for any damage or loss, actual or alleged, as a result of or in connection with the use or reliance on the content, goods or services available on such sites or external sources.

Paragraph 16: General Provisions

If one or more of the clauses contained in this legal document are deemed to be ineffective or unenforceable by applicable law, they shall be deemed omitted; the remainder shall retain their full force and enforceability.

Paragraph 17: Applicable Legislation

These General Terms of Use shall be governed by and shall be construed in the law of Italy. Any dispute relating to the interpretation, execution or termination of these acts shall be within the exclusive jurisdiction of the court of Nocera Superiore (SA) Italy. It is also reiterated that autonomous contracts formed between partners and clients when reserving activities shall be governed by the law applicable to each case in question.