Officine Turistiche is an association committed to offer its knowledge of places and food and wine products to travellers through various itineraries in Italy.
In order to guarantee a quality service, the Officine Turistiche Association uses the technical and organizational support of the travel agency Mayson du Voyage in Piazza Napoli, 33, Milan. It’s an agency with great experience in the world of tourism, able to respond to any request of tour operators and companies who think Italy (among other places) as the ideal place to organize their trips and events.
Maison du Voyage srl Aut. Prov. Milano: 14845 Navale Ass. Polizza: 3425743
Piazza Napoli 33
TERMS AND CONDITIONS OF THE SERVICE
Please read the terms and conditions of the service carefully: they contain important information about your legal rights, means of recourse and obligations.
Any User that uses the Site or the Booking Service (as defined below) enters into a contract with Association Officine Turistiche, an association under Italian law with its registered office in Milan, Via Savona n. 26, C.FISC. no. 97683750158 (hereinafter “OT”)
The User that accesses or uses the Site or the Booking Service accepts complying with and being legally bound by these Terms and Conditions of Service (hereinafter “Terms”), which discipline access to and use of the Site and the Booking Service and represent a binding agreement between the User and OT.
The Site and the Booking Service are exclusively for people aged 18 or above (or subjects with a legal capacity to act in their country of reference). Any access to or use of the Site or Booking Service by anyone under 18 years of age is explicitly prohibited.
The User who accesses the Site, uses the same and the Booking Service, declares having read, understood and accepted these Terms.
“User”: anyone who accesses the Site and concludes transactions through the same or anyone who uses the Booking Service.
“Partner”: the subject that organizes Experiences and allows them to be booked by the Visitor through the Site, including with the publication of advertisements.
“Site”: the Internet site accessible at the address www.officineturistiche.it
“Booking Service”: the booking service offered by OT through the Site or through other IT, telephone, computer channels.
“Experiences or Activities”: events, courses, activities of a recreational and/or experiential nature of any kind whatsoever which can be booked through the Site.
“Visitor”: anyone who books an Experience through the Booking Service.
“Booking”: the booking of an Experience forwarded by a User through the Site or the Booking Service.
“Booking Confirmation”: the confirmation that OT forwards to the Visitor on the successful conclusion of a Booking they have forwarded.
“Univocal Booking Code”: the code that OT communicates to the Visitor with the Booking Confirmation.
“Price of the Experience”: the sum that the Visitor pays the Partner for the Experience.
“Total Price of the Experience”: the total price to be paid by the Visitor, made up of the Commission and the Price of the Experience.
“Third Party Account”: accounts which the User already has on third party social network sites (including by way of example Facebook, Google Plus).
“User’s Content”: text, graphics, photos, music and software, sound, video, information and other material that the User uploads or sends through the Site or Booking Service.
“OT’s Content”: text, graphics, photos, music and software, sound, video, information and other material that Officine Turistiche uploads or sends through the Site or Booking Service
“Collective Content”: all the Users’ Content and OT’s Content.
- STRUCTURE OF THE SERVICE
2.1. Purpose and nature of the Booking Service
Through the Site, OT provides a Booking Service of Experiences linked to the development of the local area and its traditional and excellent products.
By sending the Booking and its subsequent confirmation, the Visitor and the Partner establish a direct contractual relationship concerning the Experience.
OT is only the intermediate provider of the Booking Service.
2.2. Responsibility for the Advertisements and the Experiences
Each Partner specifies the terms and the conditions at which each Experience is proposed through an advertisement. All content published by a Partner through the Site and the Booking Service comes under its exclusive control and responsibility. OT is not responsible for the Advertisements corresponding to the Experiences effectively had or for their compliance with laws, regulations and rules.
Each Partner undertakes to offer Experiences in the respect of the limits and requisites that national, regional laws and/or regulations of the administrative authorities impose or can impose on economic activities. This also refers, by way of example and not exhaustively, to the limits and requisites for serving food and beverages, as well as for the direct sale of the products on the company premises.
Each Partner has sole third party responsibility for non-fulfilments with respect to the terms and conditions of performance of the Experiences, as well as for any direct and indirect damage that the Visitor may suffer during the Experiences.
- FUNCTIONING OF THE SERVICE
3.1. Sending the Booking
The Visitor, through the IT procedures of the Site or the Booking Service (and exclusively with the ways shown on the Site), can send a Booking for an Experience for which a Partner has published an Advertisement. The Booking is considered sent on the conclusion of the procedure as contemplated by the Site or the Booking Service.
3.2. Confirmation of Booking
The Visitor acknowledges that once the Booking has been sent, OT communicates the relative data to the Partner to obtain the Booking Confirmation. OT gives confirmation to the Visitor of the Booking within 1 day of its being sent, communicating the Univocal Booking Code. In the event that the Booking cannot be confirmed within the afore mentioned time limit, OT immediately reimburses the Visitor the Commission received on Booking, through crediting the amount paid on via Paypal
On Booking the Visitor pays a Commission calculated on the basis of the Price of the Experience and corresponding to a percentage between 10% and 30% depending on the Experience. OT gives a receipt to the Visitor. Payment of the Commission is made by Paypal or Bank through secure payment systems operated by third party providers.
The Visitor may be requested either to pay the balance of the total price of the Experience directly to the Partner at the Experience, or in advance depending on the conditions that the Partner will show in the advertisement with payment by credit card on the same day as the Experience, to Ag. Maison du Vojage which can act as agent of the Partner for collection.
- CANCELLATIONS AND REIMBURSEMENTS
The Visitor can cancel a Booking only by email to the address firstname.lastname@example.org, showing the Univocal Booking Code (or by the IT procedure specifically shown on the Site, with the following conditions.
4.1. Cancellation within 7 days before the Experience
The Visitor can freely cancel the Booking up to 7 days before the date scheduled for the Experience, In this case, OT returns to the Visitor the Commission received on the Booking, by crediting the amount via Paypal, after deducting the collection costs for the third parties’ payment services which will not be more than 4% of the Commission.
4.2. Cancellation less than 7 days before the Experience
Less than 7 days before the date scheduled for the Experience, the Visitor can no longer cancel the Booking. Therefore OT in this case will keep all the Commission received from the Visitor who will not be able to request any reimbursement. In addition, in the case of failure to cancel by the aforementioned time limit, the Visitor must pay the Price of the Experience, regardless of whether having benefited from the Experience or not.
4.3. Cancellation by the Partner
In the event of cancellation by the Partner, less than 7 days before the date scheduled for the Experience, of a confirmed Booking, OT immediately notifies the cancellation of the Experience to the Visitor and returns the Commission received on Booking to the Visitor in full, through crediting it via Paypal or Bank accreditation
4.4. Special conditions of cancellation
The Visitor may also cancel a Booking up to the date scheduled for the Experience obtaining the reimbursement of the Commission, after the costs of collection relative to the third parties’ payment services, which will not be more than 4% of the Commission, have been deducted, if any of the following conditions occured, which must always be properly documented: death of a family member; natural catastrophe in the country of destination; epidemic in the country of destination; political unrest in the country of destination; summons as a jury member or for the exercise of other civil duties.
4.5. Reimbursement of the Price of the Experience
In the event that the Partner had asked for advance payment, OT directly reimburses the Price of the Experience only in the case that OT has collected the Price of the Experience as the agent of the Partner for encashment.
- USE OF THE SITE
5.1. User’s Content
Users can publish, upload, forward, send or transmit their Content. By making available any Content of the Users on or through the Site or the Booking Service, the User grants to OT an unlimited, irrevocable, perpetual, non-exclusive, transferrable, free licence, together with the right to provide in sub-licence, use, view, copy, adapt, modify, distribute, licence, sell, transfer, show publicly, transmit, diffuse and otherwise use this Content on, through, by means of or to promote or market the Site or the Booking Service. OT does not claim any right of ownership on any of the User’s Content.
The User recognizes and accepts having sole responsibility for all the Content made available by the same through the Site or the Booking Service.
5.2. User’s Conduct
The User declares understanding and accepting having sole responsibility for observing any law, regulation, rule and tax obligation that may be applicable to the use of the Site and the Booking Service. In relation to the use of the Site, the Booking Service and the Collective Contents, the User is prohibited from the following conduct:
– infringing any local or national law or regulation or any other law;
– using software, devices, scripts, robots, other means or manual or automatic processes to access, “scrape,” “crawl” or “spider” web pages or other services in the Site or in the Booking Service;
– using the Site or the Booking Service for any commercial purpose or other purposes that are not explicitly authorized by these Terms;
– copying, keeping or otherwise accessing any information on the Site or the Booking Service for purposes not explicitly authorized by these Terms;
– infringing the rights of any person or entity, including without limitation intellectual property rights, privacy, advertising or contractual rights;
– interfering with or damaging the Site or the Booking Service, including, by way of example, through the use of viruses, cancelbots, trojans, harmful codes, flood pings, denial-of-service attacks, IP or IP spoofing packets, counterfeited routing or information on the email address or similar methods or technologies;
– using the Site or the Booking Service to transmit, distribute, publish or forward any information concerning any other person or entity, including, without limitation, photographs of other people without the permission of those concerned, personal contact information or information on credit or debit cards or prepaid cards or current account numbers;
– contacting a Partner for any purpose other than asking questions related to a Booking or to an Experience;
– recruiting or otherwise asking Partners or other Users to join third party services which are competitors of OT, without its prior written consent;
– impersonating any person or entity, or representing oneself or one’s affiliation with any person or entity falsely or otherwise erroneously;
– using automated scripts to collect information from or otherwise interacting with the Site or the Booking Service;
– using the Site or the Booking Service to find a Partner and subsequently completing the booking of an Experience independently of the Site or the Booking Service in order to avoid the obligation of paying the Commission to OT;
– using, viewing, making the Site or the Booking Service, or any individual element in the Site or the Booking Service, the name of Officine Turistiche, any commercial trademark of OT, the logo or other proprietary information, the layout and the design of any page or module contained in a page of the Site or the Booking Service accessible through mirroring or framing without explicit consent in writing by OT;
– falsifying any heading of TCP/IP packet or any part of the heading information in any email or newsgroup publication, r in any way use the Site or the Booking Service for the purpose of sending altered, misleading or false information identifying the source.
OT has the right to make enquiries and to start legal proceedings in the event of violation of any of the above clauses within the limits allowed by the law.
OT can access, keep and communicate the User’s information if required to do so by law, or of it believes in good faith that this is reasonably necessary to (i) answer complaints against OT or comply with orders relating to a trial (e.g. summons to court or guarantees), (ii) implement and manage agreements with the Users, such as for example these Terms, (iii) purposes of prevention of fraud, risk assessment, investigation, customer assistance, product development and de-bugging; or (iv) protect the rights, the property or the security of OT, of the Users and – in general – of the public of the Web.
The Site or the Booking Service could contain links to websites or resources of third parties. The User recognizes and accepts that OT is not responsible for: (i) the availability or accuracy of such Web sites or resources; or (ii) the contents, the products or the services on or available from such Web sites. The links to such Web sites or resources do not imply any support by OT for the aforementioned web sites or contents, products or services available from such web sites.
- EXCLUSION OF RESPONSIBILITY AND RELIEF
The Under, deciding to use the Site or the Booking Service, accepts assuming any possible risk. The User recognizes and accepts that OT is under no obligation to make personal checks on any User, including the Partners, but has the faculty of conducting these personal checks at its exclusive discretion.
OT does not issue any guarantee that the Site or the Booking Service, including, by way of example, the Advertisements or any Experience meet the requisites of the User or are available continuously, certain and without errors.
The Users have sole responsibility for all their communications and interactions with other Users of the Site and the Booking Service and with other people with whom they communicate and interact as a consequence of their use. The Users accepts that OT does not guarantee verifying the statements of the Users of the Site or the Booking Service or examining the Experiences.
The Users undertake to hold OT harmless from and against any claim, responsibility, damage, losses and costs, including, without limitation, reasonable legal and accounting fees deriving from or in any way related to (a) the access or use of the Site or the Booking Service or the violation of these Terms; (b) the User’s Content; (c) any of the following actions: (i) interaction with any User, (ii) booking an Experience, or (iii) the creation of an Advertisement, (d) omission to adopt the necessary safety measures in organizing an Experience that entails any injury, loss or damage (for compensation of direct, accidental, consequential damage or otherwise) of any kind that may arise in connection with or as a result of such shortcomings.
- MODIFICATION OF TERMS
OT reserves the right to unilaterally modify at any time and at its discretion the Site and the Booking Service and these Terms, without prior notification. In the event that these Terms were modified, the updated versions will be published on the Site. In the event that Users were not to deem the modifications acceptable, they may at any time cease to use the Site and the Booking Service.
Any notification or other authorized or requested communication as per these Terms, including those concerning modifications to these Terms, will be in writing and will be made by OT (i) by email (in each case to the address provided by the Users) or (ii) by publication on the Site. As far as notifications by email are concerned, the date of receipt will be deemed the date on which the notification is sent.
- APPLICABLE LAW AND COMPETENT COURT OF LAW
Any dispute that may arise between OT and a User in relation to the application, interpretation, execution of these Terms will be regulated by Italian law. In the event that the User were a consumer, the court of consumers will also be competent.