This document contains the general terms and conditions on the basis of which the use of the web site www.discoverarezzo.com, which provides tourist experiences in the Province of Arezzo, is offered to users.
Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:
Owner: Fondazione Arezzo Intour, with registered address in Via Albergotti 13, 52100, Arezzo, VAT number/Tax code 02311580514, __________, fully paid-up share capital of __________, , certified e-mail address (PEC) arezzointour@pec.it
Application: il sito web www.discoverarezzo.com
Products: The experiences provided to the user by the Owner and the experiences provided through the Application by a third party provider.
User: any person who accesses and uses the Application
Consumer User: the natural person who enters into a contract for purposes which are not related to his/her trade, business or profession
Non-Consumer User: the natural person of legal age or legal person who enters into a contract for the performance or for the needs of his/her trade, business or profession
Third-party Provider: the natural or legal person, other than the Owner, who offers the Products through the Application in the performance of his/her trade, business or profession
Content: any textual or multimedia element in the Application, by way of example announcements, insertions, reviews, images, etc.
Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale or supply of the Products offered by the Owner through the Application.
Relationship between the Owner, Third-party Providers and Users
The Application hosts a platform managed by the Owner which allows the contact of Users interested in the Products offered by the Owner and Third-party Providers.
With the Application, Users can therefore purchase and/or request the supply of both Products provided by the Owner and Products supplied by Third Party Providers. In the Application, it is always clearly indicated whether the Product is brokered by the Owner or by the Third Party Provider.
Should the Products be offered by a Third-party Provider, the Owner is not party to the relationship between the User and the Third-party Provider and therefore shall not be under any liability from such relationship. The Owner shall be considered only as a mere technical operator of the Application. Therefore, any contract entered into between Third-party Providers and Users is not subject to the Conditions.
The terms and conditions of each Third-party Provider shall be made available on the Product page or on the Third-party Provider’s card. Thus, before making commercial transactions, it is necessary to check Third-party Provider’s conditions of sale or supply published in the Application.
Scope of the Conditions
The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.
The Owner may amend the Conditions at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.
Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.
The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.
Purchase or delivery request through the Application
All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, supply and execution times, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.
Purchases and / or delivery requests of one or more Products through the Application are permitted both to Consumer Users and to Non-Consumer Users.
Purchases and / or delivery requests are permitted only to natural persons of legal age. For minors, any purchase and / or request for the supply of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.
The offer of Products through the Application shall be deemed as an invitation to prepare an offer and the order sent by the User as contractual purchase proposal and / or a delivery request, subject to the confirmation and / or the acceptance of the Owner as described below. Therefore, the Owner has the right to accept or refuse the User’s order or delivery request at its discretion. Accordingly, the User is not entitled to complain about the Owner’s decision for any reason.
The contract of sale or provision of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User or by displaying a web order confirmation page. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and / or taxes, if any, supply and execution times, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.
The use of the booking service may be subject to verification by the Data Controller of the financial availability of the applicant / customer to whom, at its sole discretion, the Data Controller may request additional documentation in this regard and for the purpose set forth above. Booking requests are always subject to verification of the availability of the individual Providing Companies of the various services to book and the Owner does not guarantee the allocation of all requests. The User is aware that the availability of an experience does not depend on the Owner and that it varies according to the availability of the company providing the service, therefore, cases may arise in which the Owner will respond negatively. Reservations will be considered confirmed only and exclusively when the Data Controller will explicitly confirm the request by email. In this regard, the User undertakes to communicate his/her valid email address and it will be his/her express responsibility to communicate any changes to it, excluding any responsibility of the Owner regarding the existence, validity and effectiveness of the aforementioned email address.
Reservations made at the request of the User will be binding between the latter and the Providing Company: by making a reservation through the Owner, a legal relationship is established directly between the User/Client and the Providing Company which is subject to the contractual conditions and economic terms applied by the latter, which the User declares to know and accept in full by expressly recognizing the Owner who is unrelated to the same. With the booking request, the User accepts the validity of these contractual conditions.
In the event that the Product is not available, the Owner will notify the User of the new terms of delivery or supply, asking if he/she intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the relative confirmation and the Conditions.
In the event that the Product is not available, the Owner shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Owner.
The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.
Registration
To take advantage of the features of the Application, the User shall register and provide, truthfully and completely, all data requested in the registration form and accept the privacy policy (www.discoverarezzo.com/privacy) and the Conditions.
The User has the responsibility to keep login credentials. The login credentials shall be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them. Should the User suspect or become aware of any improper use or disclosure, he shall immediately inform the Owner.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless from any damage, indemnity and / or penalty resulting from and / or in any way connected to the infringement by the User of the Application registration rules or the storage of the login credentials.
Account cancellation and closure
The registered User can interrupt the use of the Application at any time and deactivate his account or request the cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address organizzazione@arezzointour.it.
In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
Prices and payments
For each Product the price including VAT, if due is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the methods for calculating the price shall be indicated.
Furthermore, all possible taxes, additional costs which may vary depending on the payment method used shall be indicated. If these expense items cannot reasonably be calculated in advance, there shall be an indication of which expenses to be charged to the User.
The Owner reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.
The User undertakes to pay the price of the Product within the times with and methods indicated in the Application and to communicate the information requested.
The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
Should these third party tools deny payment authorisation, the Owner shall not provide the Products and cannot be held responsible in any way.
Billing
The User who intended to receive the invoice for the payment shall provide the Owner with the billing information. In this case, the User declares that the information provided is true and releases the Owner from any liability in this regard.
Delivery method of services
The Owner shall provide the services to the User, in the manner and at the time indicated in the Application and detailed in the order confirmation.
In the event that it is not possible to supply the services within the aforesaid terms, the Owner shall promptly notify the User via e-mail, indicating the expected time of the delivery or the reasons that make the delivery impossible.
If the delivery has become impossible, he can request the refund of the amount paid. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.
For any other details, such as a change of date policy, cancellation policy, refer to the individual file for each product.
Exclusion of the right to withdrawal of Non-Consumer Users
The Non-Consumer User is not entitled to withdraw from the contract of sale or delivery of the Products. The User expressly acknowledges that the indication in the order of a VAT identification number qualifies him as a Non-Consumer User.
Consumer User’s right to withdrawal from the purchase of services
The Consumer User who, for any reason, is not satisfied with the Product has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 days from the date of signature of the contract, by sending a written communication to the e-mail address organizzazione@arezzointour.it, using the optional withdrawal form in the following article or any other written declaration.
In case of withdrawal exercised correctly, the Holder shall refund the payments received by the User. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of refund request.
In the event of a request for the provision of a service, the Consumer User acknowledges and agrees to lose the right to withdrawal after the complete provision of the service if the service began with his express agreement and with the acceptance of losing the right to withdrawal after the service has been performed, pursuant to Section 59, lett. a) of the Italian Consumer Code. Furthermore, the Consumer User acknowledges and agrees to lose the right to withdrawal in case he has requested the service to begin during the withdrawal period, pursuant to Section 51, paragraph 8 of the Italian Consumer Code.
Where the provision of the service has not been completely carried out and the Consumer User intends to withdraw from the contract, the Consumer User remains obliged, pursuant to Section 57, paragraph 3 of the Italian Consumer Code, to pay the Holder an amount proportional to what has been executed up to the moment in which the right to withdrawal has been exercised.
Exclusion of the right to withdrawal of the Consumer User
The right to withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded relatively:
the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance
In the event of exclusion of the right of withdrawal, the Owner shall return the purchased Products to the User, charging the shipping costs to the latter.
For more information, the User shall contact the Owner at the e-mail address organizzazione@arezzointour.it.
Optional form to exercise the right to withdrawal
The User can withdraw from the contract by using the following form, which must be completed in its entirety and sent to the e-mail address organizzazione@arezzointour.it before the withdrawal period has expired:
I hereby communicate the withdrawal from the sales or supply contract relating to the following product __________
Order number:_______
Date of the order: _______
Name and surname: _______
Address: ______
E-mail associated with the account from which the order was made: _______
Date: _______
Industrial and intellectual property rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Content available on the Application. Therefore, all the trademarks, figurative or word and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
The Conditions do not grant the User any license for use relating to the Application and / or to individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorised, will be considered violations of the intellectual and industrial property right of the Owner.
Exclusion of warranty
The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner’s will or due to force majeure events.
Limitation of liability
The Owner shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User only having the right to a full refund of the price paid and of any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, since he does not enter in any way in contact with the payment data used (credit card number, name of the holder, password, etc.).
The Owner shall not be held liable for:
– any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner
– incorrect or unsuitable use of the Application by Users or third parties
– the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion
– In no case the Owner shall be held liable for a sum greater than twice the cost paid by the User.
Force majeure
The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.
Links to third-party web sites
The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
Privacy
The protection and processing of personal data will be in accordance with the Privacy Policy, which can be consulted on the page www.discoverarezzo.com/privacy
Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the right of the User Consumer of going to court other than the “consumer court” pursuant to Section 66 bis of the Italian Consumer Code, competent for the territory according to one of the criteria of the Sections 18, 19 and 20 of the civil procedural code.
The application to Consumer Users who do not have their residence or domicile in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.
For Users who are not Consumers, any dispute concerning the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Owner is based.
Online dispute resolution for Consumer Users
The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 04/05/2020
