General terms and conditions
VIVO srl, property of Rousset Cecile Anne legally represented by the natural person Dr Rousset, Cecile Anne , which offices are located at 30172 Venezia, Via Paolo Paruta 26, (P. Iva 04383730274), is registered at the Chamber of Commerce, Industry, Craftsmanship and Agriculture of Venice (C.C.I.A.A.) Rea n.: VE-381160, PEC: firstname.lastname@example.org, hereinafter called “VivoVenetia”, is a business agency that advertises and promotes offers regarding events, leisure and cultural services provided by its selected Partners (hereinafter also called “Suppliers”) (for example, theatres, museums, craftsmen, official tourist guides, associations, cooperatives, travel agencies, tour operators, incoming operators, etc.) to consumers who can proceed with booking and purchase steps for the chosen services through the multilingual Web platform www.vivovenetia.com and the connected Web sites.
The present General Terms and Conditions regulate the use of our multilingual Web platform and connected sites by consumers (hereinafter also called “Users”, “Registered Users”, “Visitors” or “End Consumers”), by defining the respective rights and obligations as well as the relationship between the Web platform Users, who book offers, and the Partners who provide them.
We strongly recommend you to carefully read the content of these General Terms and Conditions, since they apply to all our services offered online, by email and by any other communication means.
The present Terms of Service and Use of the Web platform and connected sites must be accepted, without exception and/or modification and/or addition by registered users and buyers, and/or third parties recipient of purchased service on VivoVenetia and its connected sites. Possible amendments to the present General Terms and Conditions will be notified through posting on the Web platform and connected sites, and will apply only to agreements settled after they took effect, unless the amendments to the platform are due to technological updates.
Upon any legal obligation, VivoVenetia will avail itself of an official travel agency’s technical assistance, with adequate third party civil liability insurance to cover for any damages related to the failure to perform, or failure to perform correctly, services that were purchased. Complete travel agency information, therein including any relevant information should the agency be part of a business network agreement with VivoVenetia, can be found in the footer of www.vivonetia.com as well as in the Partners’ activity profile showing the chosen service offer.
1. DESCRIPTION AND PURPOSE OF THE SERVICE
VivoVenetia, by means of its own multilingual Web platform (http:www.vivovenetia.com) and connected sites, allows Suppliers of events as well as leisure and cultural services that operate on the Veneto territory, and that are carefully selected and duly bound by a proper agreement with VivoVenetia, to promote and advertise their offers to Visitors of its Web platform and connected sites, and allows Visitors to book such offers.
Signing up for the Web platform and connected sites will provide access to a large amount of information about the services offered by local Suppliers from Veneto, who will provide their ID and contacts.
Any booking done by a Visitor will result in a contractual obligation between the Visitor and the Supplier of chosen offer that will be legally binding.
Visitors are aware that from their very first access to VivoVenetia’s Web platform and connected sites, VivoVenetia will act exclusively as an intermediary between them and the Suppliers, and will have no further obligations than to send them the booking details and an email confirmation for and on behalf of the Supplier.
VivoVenetia takes on the role of service promoter and advertiser between Visitors/End Consumers and Partners, and does not accept any further obligations. VivoVenetia is neither a contracting party of said legal obligation between Partners and End Consumers, nor does it recommend, promote or support any offer, in terms of quality, service level, or reliability, as its role is exclusively limited to the activity of providing Consumers with offers regarding events, leisure and cultural services, in Veneto.
In order to perform its promotional services, VivoVenetia will disclose Supplier data at its disposal, which contain service details; Suppliers are solely responsible of such data at any time, regarding the accuracy, completeness, precision and legitimacy of contents, including rates and availability viewed on the Web site of VivoVenetia and its connected sites. To this end, each Supplier commits explicitly, under their full and exclusive responsibility, to providing timely updates in case of change regarding dates previously communicated to VivoVenetia.
Similarly, VivoVenetia will not be held responsible for any mistakes (including typos and obvious errors), service disruption due to failure (temporary and/or partial), repair, upgrade or maintenance of the Web site or other, inaccurate, misleading or false information, or lack of delivery.
Therefore, all Partners are given access to an extranet network (back office or reserved area), for which they are entirely responsible for what concerns the update of rates, availability and other information viewed on the Web platform of VivoVenetia and its connected sites.
The services offered by VivoVenetia are available exclusively for a personal, and not a commercial use. Hence, reselling, using, copying, adding, downloading or reproducing, in whole or in part, content, information, software, product or service available through the platform is not permitted for any type of activity with a commercial or competitive purpose, except for individuals duly authorized by VivoVenetia. Visitors are informed that information provided on the Web platform of VivoVenetia and its connected sites in terms of terms of service, availability, timing as well as modification, cancellation and reimbursement depend on the Suppliers.
2. AGE OF MAJORITY
The services offered on the Web platform of VivoVenetia and its connected sites are intended for persons who have reached the age of majority and have the necessary legal capacity to book offers and accept in full these General Terms and Conditions and those published on the platform.
3. FREE ACCESS
The access to the Web platform of VivoVenetia and its connected sites is entirely free. There will be NO extra fees charged on top of the chosen service rate.
4. PRODUCT VALIDITY, MODIFICATIONS AND AMENDMENTS
All services offered by VivoVenetia are valid at the proposed dates on the multilingual Web platform and connected sites at the time of booking. Booking date modifications may be performed independently by Visitors in their own reserved area, according to the modification/cancellation policy indicated by the Suppliers. For any other assistance, requests must be sent to Customer Care team of VivoVenetia at email@example.com. VivoVenetia will not add any extra charge for modifying a booking date and does not guarantee the outcome of such request and/or any future modification to the service. If you purchase a service using a VivoVenetia promotional code, or a service at a discount price, both discount and promotion could be cancelled due to the modification request.
5. BOOKING AND PAYMENT PROCEDURES
VivoVenetia’s platform allows you to view their services without having to sign up. Services are described in details on their own individual page.
Should Visitors be interested in booking a service, they must agree to sign up for the site, create an account and accept the present General Terms and Conditions.
They must also agree to provide personal data as well as current, complete and accurate information. Personal data and email must belong to the registering Visitor, and not to a third party. This prerequisite is necessary in order to avail yourself of VivoVenetia’s services and the proper performance of the chosen activity.
VivoVenetia reserves the right to refuse purchase orders/bookings, especially if they are not properly filled out.
Visitors are responsible for the privacy and use of their own password and account once registered. They are also responsible for any activity related to their account, and must advise VivoVenetia of any unauthorized use, or alleged use, of their account.
VivoVenetia reserves the unconditional right to terminate/suspend any account and restrict any further access to the Web platform and connected sites, in case of any illicit behaviour, adverse to the principles of good faith and honesty, that could possibly harm VivoVenetia and/or third parties.
Booking is confirmed after payment is made from our Web platform through an online system (with PayPal or a credit card). The amount will be credited to VivoVenetia, who collects payments in the name of and behalf of the Suppliers for their respective services.
An email confirmation stating that payment was successful will be sent from VivoVenetia to the Visitors. Upon request, Suppliers can issue a tax receipt or invoice directly to the Visitors, after supplying their services. VivoVenetia is not responsible for providing any tax documents; this falls to Suppliers as prescribed by law.
Upon payment, VivoVenetia will send an email confirmation of booking/purchase along with a COUPON that will include all details regarding the service as well as a U.B.C. (Unique Booking Code), which is an alphanumerical code identifying both booking and concerned third parties.
Once printed, the Coupon will need to be signed by the Visitor and handed over to the Supplier before the beginning of the activity. For practical reasons, at the Supplier’s own discretion, another possible option would be to display the Coupon on an electronic device (tablet, smartphone, etc.) and communicate the U.B.C.
For safety reasons, showing a valid ID could be required when handing over the Coupon. VivoVenetia shares all Visitors’ personal data and contacts with Suppliers. In case any damage is caused by Visitors to the Suppliers’ material means, infrastructure, furniture, or goods, or any other belongings, Visitors will be required to pay damages or deductible.
VivoVenetia will inform the respective Suppliers of any purchased activities. Moreover, at any moment, Visitors will be able to view the booking details of their purchased activities, and cancel or modify them in the reserved area on the Web platform of VivoVenetia.
All cancellations made by Visitors must be performed on the booking Web platform at www.vivovenetia.com, in the reserved area, according to the aforementioned instructions. Cancellations that are not performed on the booking Web platform will be considered invalid.
Upon reimbursement of a cancelled activity, VivoVenetia will apply, in any case, a 10% penalty on the service price paid by Visitors for administrative, bank and management fees given that a date or a specific time to perform the activity is planned on purpose for any service promoted and purchased on the platform.
Cancellation and reimbursement policies are defined by each Supplier and reported in the activity profile. Cancellation and modification may not be allowed for certain special rates or promotions.
In the event that Suppliers do not respect the cancellation and reimbursement policies as defined in their activity profile, VivoVenetia will solicit the defaulting Suppliers for reimbursement. Should this prove inefficient, VivoVenetia will reimburse the Visitors the amount due within 30 business days from finding Suppliers in default. Moreover, VivoVenetia reserves the right to demand payback to the default Suppliers.
The following rules apply to count the number of days:
• The day on which the activity was planned does not count;
• Days start at 00.00 a.m. and ends at midnight according to the Italian time zone (GMT +1).
Any credit card payment that is revoked or not honoured before the purchased service is performed will be considered as a booking cancellation, and cancellation fees will apply.
The service Suppliers of VivoVenetia are entitled to: a) cancel the activity without complying with the cancellation terms and conditions under external and unforeseen circumstances that prevent the activity from being properly performed; b) refuse to admit Visitors, or exclude them from an activity, if they are deemed unsuitable or if their participation can compromise the proper carrying out of the activity; c) slightly modify the program, if necessary, also due to unexpected events.
For all above, the concerned Suppliers’ terms and conditions, and policies still apply as defined in their activity profile.
7. COMMUNICATING WITH THE USERS
8. CUSTOMER SERVICE
For any information during the pre-sale phase, VivoVenetia offers a dedicated multilingual customer service at firstname.lastname@example.org or email@example.com. For any question after purchasing an activity, Visitors will be provided with contact details on the Coupon or through further communications. It is also possible to contact VivoVenetia by phone at the following cell phone number: +39 392 666 9252.
9. PRICE GUARANTEE
The prices displayed on the platform are per person, unless otherwise specified, and in euros (€). Price conversion to other currencies will be done automatically, but the rate used may not correspond to the one charged on the Visitors’ credit card. Until booking is confirmed, prices and estimates may be subject to change without prior notification.
All rates published on the platform apply to the whole experience and include VAT, unless otherwise specified. They do not include tips, gratuities, and visitors’ tax; fees for passport and visas issuance, personal and luggage insurance, items of personal nature and any other item not clearly specified in the activity profile and promotion.
Offers on the platform can be proposed at a discount price. Such offers may be subject to restrictions and special conditions. Before booking such offers, Visitors are asked to carefully check the offer details for such conditions/restrictions.
Consumers are therefore invited to read carefully the terms of such discount price before proceeding with purchase.
10. COPYRIGHT AND TRADEMARKS
In compliance with Law no 633/1941 and further amendments and additions, the contents, brands, logos, and data related to the intermediary role of the platform are the exclusive property of VivoVenetia. Registered Visitors with access to the platform expressly agree to comply with the present paragraph and declare to be aware of the consequences in case of breach.
For all above, any content displayed on the multilingual Web platform of VivoVenetia (http:www.vivovenetia.com) and connected sites are copyright protected (Copyright © 2015 VivoVenetia. All rights reserved).
11. LIMITATION OF USE FOR PERSONAL, AND NOT FOR COMMERCIAL PURPOSES
VivoVenetia authorizes Visitors to access and use the content displayed on its Web platform and connected sites exclusively for personal, and not for commercial purposes. Content and information displayed on this Web platform and connected sites are the exclusive property of VivoVenetia or its service providers and suppliers. Visitors agree not to modify any video or printed image of this content, which must always show the following mention: © 2015, VivoVenetia. All rights reserved. They also agree not to cancel or modify any copyright or intellectual property notification included in the platform content; not to reproduce, distribute or make public the content, excepting what is prescribed in the present General Terms and Conditions. Except for various regulations, reproduction, printing, and distribution of the platform content is strictly forbidden when performed without consent (request for consent should be sent to: firstname.lastname@example.org). Visitors commit explicitly to relieving VivoVenetia of any responsibility towards any individual using the site in a way that is not compliant with these General Terms and Conditions, and the Law. Visitors agree not to use this site for possible speculative, false or fraudulent requests, not to use robots or any other automated means to access this site, unless specifically authorized by VivoVenetia. Moreover, they certify that: (a) they have never been previously suspended by VivoVenetia; (b) they are not a direct competitor of VivoVenetia; (c) they do not, and did not, own more than one VivoVenetia account at any given time; (d) they have full authority to accept these General Terms and Conditions of service, and by doing so they do not breach any other contract they have accepted. They also commit to respecting the aforementioned elements in the future. In any case, users are not allowed to publish on the platform or share any illicit, offensive or slanderous content, content detrimental to the privacy, or advertising/soliciting third-party services. Visitors are also not permitted to limit or prevent another user from using the site, and post or make requests of commercial, religious and political nature whatsoever, including invitations to prefer other services that are potentially in competition with VivoVenetia’s services.
12. LIMITATION OF LIABILITY
VivoVenetia as a mere service promoter and advertiser between Visitors/End Consumers and Partners is not a contracting party between Partners and End Consumers; therefore providing accurate information and performing purchased services are the Partners’ responsibilities, it being understood that upon any legal obligation, VivoVenetia will avail itself of an official travel agency’s technical assistance, with adequate third party civil liability insurance to cover for any damages related to the failure to perform, or failure to perform correctly, services that were purchased. Complete travel agency information, therein including any relevant information should the agency be part of a business network agreement with VivoVenetia, can be found in the footer of www.vivonetia.com as well as in the Partners’ activity profile showing the chosen service offer.
In no event shall VivoVenetia be liable for any of the following damages: (a) loss of data; (b) loss of profits; (c) loss of business; (d) loss of opportunities; (e) loss of start-up or damage to reputation; (f) third-party loss; (g) any indirect, special, exemplary or consequential damages arising out of or in connection with the Visitors’ use or access of the VivoVenetia multilingual Web platform and connected sites, without regard to the form of action.
In no event shall VivoVenetia be liable for any missed connection regarding clients’ itinerary, for injuries, damages, loss, incidents, delays or irregularity, responsibility or expenses related to people or belongings, due to any type, individual, carrier, company’s failure to comply, and providing services included in the services purchased through the platform. Moreover, VivoVenetia shall not be held responsible, in any way, for any disease, theft, dispute at work, breakdowns, political riots, and acts of war or terrorism, bad weather, vehicle malfunctions or for any possible cause out of its control. The services of VivoVenetia are provided to Visitors “AS IS” and “AS AVAILABLE”, as defined by the applicable Suppliers, and all liability and warranties, express or implied, are hereby disclaimed.
13. LINKS TO OTHER WEB SITES
14. PRIVATE MESSAGES, COMMENTS AND PICTURE/VIDEO SHARING.
The multilingual Web platform of VivoVenetia allows its Visitors to: (A) post or send information material or comments on their own experiences after purchasing services offered on the platform; (B) send booking requests to VivoVenetia for services that are not offered on the site, either by email or using the specific form, both for individuals or groups.
In particular, when it comes to sharing comments, pictures and videos, Visitors must accept that these items will be viewed on the Supplier’s profile page, on VivoVenetia’s app, accounts, social media, Supplier’s Web site and any other partner’s Web site in order to inform other service Users and Visitors about the quality of their experience.
By publishing comments, pictures and videos on the Web platform, you agree to: (A) grant VivoVenetia the right to use without restriction and at no charge your own comments, pictures and videos (Law n. 633/1941), at its sole discretion, and not to hold VivoVenetia liable for such use or disclosure. Such use of your comments, pictures and videos may be for any purpose whatsoever, in any medium and in any manner, including, but not limited to, reading, publication, translation, transmission, advertising and promotional activities by third parties authorized by you to VivoVenetia.
Comments that are inaccurate or irrelevant, or do contain illicit or offensive messages will be deleted, and VivoVenetia reserves the right to report them to the competent authorities, if provided for by law. VivoVenetia reserves the right to delete such comments without prior notice and further reasons, and to prevent the default Visitors from using the Web platform by deleting their account. In case of comments containing offensive, defamatory and illicit messages, VivoVenetia and the Suppliers concerned reserve the right to take legal action.
Visitors commit not to publish or distribute any content that is copyright protected, without the express consent of the owner of such copyright, and at the same time they accept from now on to absolve VivoVenetia of all liability and legal action for any breach of the aforementioned right.
VivoVenetia gives Visitors the possibility to send messages through its Web platform. It is absolutely forbidden to write messages of offensive or illegal nature. On this matter, VivoVenetia reserves the right to modify, at any time, the content of such messages, to change them into legal and inoffensive communications. In serious cases, VivoVenetia reserves the right to delete entirely the message, and carry out an inquiry in order to take proper legal action against the individuals who have breached these General Terms and Conditions.
The following messages from Visitors are considered illicit: messages that are clearly offensive towards the community; discriminatory; that promote racism, zealotry, hatred or physical violence against any groups or individuals; that contain ads, undesired mail or spam; that are insulting or defamatory; that contain instructions on illegal activities such as, for example, how to illegally manufacture or commercialize weapons or to create computer viruses, or that represent a breach of the right to privacy.
15. INTERRUPTION AND/OR MODIFICATIONAND/ORTERMINATION OF SALES
VivoVenetia reserves, at any time, the right to interrupt, modify or terminate the services offered on the multilingual Web platform and connected sites. In no event shall VivoVenetia be held responsible for such interruption, modification or termination, except for agreed contracts and issued Coupons at the date of termination or interruption of the service.
These General Terms and Conditions as well as the services offered on the VivoVenetia multilingual Web platform and connected sites shall be construed, interpreted and performed exclusively according to the laws of Italy. Any dispute shall be filed only in the courts of Italy. The original Italian text of the present General Terms and Conditions as well as any other documentation published on the platform will be translated in other languages. In case of any dispute or inconsistency between the Italian text and any translation, the Italian text shall prevail and will be considered the conclusive version. Should any part or provision of these General Terms and Conditions be held unlawful, void, invalid or non-binding, that portion shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
18. CHANGES TO THE SITE AND TERMS AND CONDITIONS
VivoVenetia reserves the right to change, add or delete content, materials or information appearing on or in connection with this Site, including these General Terms and Conditions, at any time without notice to you, should it considers such change necessary for legal or technical reasons, or as a consequence of changes brought to the services offered or to the Web platform layout and connected sites. To this end, VivoVenetia will communicate such revisions by updating this posting, and their acceptance will be required, as prescribed by law.
19. APPLICABLE LAWS AND COMPETENT COURT
This contract is governed by the laws of Italy. The parties hereby agree that any dispute arising out of or directly or indirectly relating to these General Terms and Conditions shall be construed, interpreted and performed exclusively according to the Italian laws, and filed only in the court of Venice, Italy, except for the provisions pertaining to the Consumers’ Forum as per the Italian Consumer Code (Legislative Decree 206 of 2005).