General Conditions and Privacy Vivovenetia
TERMS OF SALE, GENERAL TERMS AND PRIVACY OF VIVOVENETA.IT
VIVO srl in the person of its legal representative Dr. Rousset Cecile Anne with head office in 30173 Venice, Via Ca rossa 93/A Venice (P.Iva 04383730274), is registered with the C.C.I.A.A. of Venice, Rea nr.: VE-381160, PEC: vivosrls@pec.it, hereinafter ‘VivoVenetia’ is a Tour Operator with the travel agency sign ‘VIVO EXPERIENCE’, RC Europ Assistance insurance policy N.9379885.
Vivo SRL sells individual tourist services and experiences in Veneto as an intermediary and also organises trips as a Tour Operator. The first part of the general conditions concerns the sale of individual services, while the second part concerns the contract of sale for tourist packages.
PART 1.
CONDITIONS OF SALE FOR TOURS, ACTIVITIES AND INDIVIDUAL EXPERIENCES
Vivovenetia advertises and promotes the offers of events, cultural and leisure services provided by its selected Partners (hereinafter also referred to as ‘suppliers’) (e.g. theatres, museums, artisans, licensed tour guides, associations, cooperatives, Travel Agents, Tour Operators, Incoming Operators, etc.) to consumers who can proceed to the booking and purchase of the chosen services through the multilingual web platform www.vivovenetia.coom and the sites linked to it.
These General Terms and Conditions govern the use of our multilingual web platform and the sites linked to it by consumers (hereinafter also referred to as ‘users’, ‘registered users’, ‘visitors’ or ‘end customers’), defining their respective rights and obligations and regulating the relationship between the consumers of the web platform who book an offer and the partners who offer and supply it.
We recommend that you carefully read the content of these General Terms and Conditions, as they apply to all our services made available online, by e-mail or by other means of distance communication.
These Terms and Conditions of Service and use of the web platform and linked sites must be accepted without exception and/or modification and/or supplementation by the registered user and the purchaser and/or third party beneficiary(ies) of the service purchased on VivoVenetia and linked sites. Any amendments to these General Terms and Conditions will be announced by means of publication on the web platform and linked sites and will be valid only for contracts concluded after their entry into force, except in the case of changes to the platform due to technological updates.
1. DESCRIPTION AND USE OF THE SERVICE
By choosing experiences on Vivovenetia, you will be able to access a wide range of information on the services offered by local suppliers in the Veneto. By making a booking on the site, the user establishes a direct contractual relationship (legally binding) with the supplier.
The user is informed that, through access to the web platform, VivoVenetia acts exclusively as an intermediary between the supplier and the user and has no obligation other than to send the former the details of the reservation made and the latter a confirmation email containing a voucher, on behalf of the supplier. VivoVenetia is responsible for promoting and advertising the services between the End Customer/Visitor and the Partner and declines any further obligation. VivoVenetia is not involved in the legal relationship between the Partners and the End Customer. In the course of its promotional work, VivoVenetia will disclose the data made available by the partner containing details of the services.
The services offered by VivoVenetia are offered for personal use only, and not for commercial use. Consequently, it is forbidden to resell, use, copy, paste, download or reproduce any content or information, service available on the platform for any type of commercial or competitive activity, except those duly authorised by VivoVenetia.
2. LEGAL AGE REQUIREMENT
The services offered on the VivoVenetia web platform and on its associated sites are intended for persons of legal age who have the legal capacity to book the offers and to accept in full the content of the terms and general conditions published on the site.
3. BOOKING PROCEDURE AND PAYMENT
In order to book a service, the interested visitor must accept these General Terms and Conditions of Use. They must provide true and accurate data and information. The personal data and e-mail contact must correspond to the user's personal data and not to that of a third party. These conditions must be respected to allow the use of the services promoted by VivoVenetia and the proper execution of the activities. VivoVenetia reserves the right to refuse purchase/reservation requests if they are not correctly completed.
The booking procedure ends with the payment of the offer through an online payment system (credit card via stripe) on our site. The amount will be credited to VivoVenetia's account, which will collect it on behalf of the partner holding the offer. VivoVenetia will immediately send the customer an email confirming acceptance of payment. The purchase note or invoice (if expressly required), as the case may be, will be issued directly by the partner and provided to the customer after the service has been provided, or by VivoVenetia. VivoVenetia is in no way responsible for the aforementioned tax documentation since the law stipulates that the partner is responsible for complying with the tax law in force.
Once payment has been accepted, VivoVenetia will send an email confirming the booking together with a COUPON containing all the references for the service. The coupon must be shown to the partner before the service takes place (digital format accepted). VivoVenetia provides each partner with the personal references and contact details of its customers. In the event of damage caused by the customer to material, movable, immovable or other goods, the customer will be obliged to repair the damage caused or to reimburse the partner for the insurance excess.
4. CANCELLATION
Any cancellation by the user must be made by e-mail to info@vivovenetia.com. As all the services advertised on the platform are expressly provided for a specific date or period, a penalty of at least 20% of the price paid will be incurred by the user in the event of cancellation, to cover administrative costs as well as banking and management costs. Cancellation and refund conditions are defined by each supplier and are set out in each offer and on each voucher. For certain fares or special offers, cancellations or changes are not permitted.
In the event that a supplier does not comply with its obligations, VivoVenetia, after verifying the supplier's failure to comply, will reimburse the user within 30 working days and pursue the supplier directly, subject to VivoVenetia's subsequent right of recourse against the supplier.
The days are counted as follows:
- The day of the activity is not counted;
- Days begin at 00.00 and end at 24.00 Italian time (GMT +1). If, prior to the execution of the services purchased, the credit card payment is revoked or not honoured, this will be considered as a cancellation and the charges foreseen in such a situation will be applicable.
VivoVenetia's service providers reserve the following rights:
a) Cancel the activity without complying with the cancellation conditions if unavoidable external circumstances may make its execution impossible or extremely complex;
b) Refuse admission or exclude a user from an activity if the user does not meet the eligibility criteria or if the user's participation endangers or disrupts the smooth running of the activity;
c) Make minor changes to the programme due to unforeseeable circumstances. The commercial policies and conditions of suppliers indicated on their regulations take precedence over the above rules.
5. COMMUNICATION WITH THE USER
The user who makes a reservation on the VivoVenetia platform and on its linked sites agrees to receive: a) confirmation by email accompanied by a voucher in pdf format, indicating the services purchased;
b) an email after the activity has been completed inviting the visitor to evaluate the service received and, if appropriate, to share photos/videos taken during the experience. To this end, visitors are invited to read the privacy policy below and the FAQ.
6. CUSTOMER SERVICE
VivoVenetia offers a multilingual customer service aimed at answering any type of information by email at info@vivovenetia.com. You can also contact VivoVenetia by telephone on +39 392 666 9252 (mobile). For after-sales service, you can contact the partner offering the activity directly: details will be provided on the booking voucher.
7. PRICE GUARANTEE
All prices published on the platform are indicated per person, unless otherwise stated in the case of groups. These prices are expressed in Euro (€). The possible conversion of the price into different currencies is done automatically and does not correspond to the rate charged to your credit card. As long as the booking has not been confirmed, prices may be subject to change without notice.
All prices published on the platform include VAT, unless otherwise stated. Prices do not include tips or various taxes, personal insurance and any other items not specifically indicated in the description of the offer.
The platform may publish lower rates in the event of promotional offers. These exceptional rates may lead to restrictions and special conditions. Consumers are invited to read the price conditions in detail before purchasing.
8. COPYRIGHT AND TRADEMARKS
In compliance with the provisions of Law no. 633/1941 and subsequent amendments and/or additions, please note that the contents, trademarks, logos and all data relating to the intermediation service offered by the platform are the exclusive property of VivoVenetia. By accessing and registering for the platform, the user expressly accepts these provisions and declares that he/she is aware of the consequences of any infringement.
The content of VivoVenetia's multilingual web platform (http:www.vivovenetia.fr) and the sites linked to it are protected by copyright (copyright © 2020 VivoVenetia All rights reserved).
9. LIMITATION OF USE TO PERSONAL AND NON-COMMERCIAL USE
VivoVenetia authorizes the user to use the contents of the web platform and linked sites solely for personal, non-commercial purposes. Unless otherwise specified, the reproduction, printing and distribution of the contents of the platform are strictly prohibited without the prior written consent of VivoVenetia (request to be sent directly to: cecile@vivovenetia.com. The user expressly releases VivoVenetia from any liability to any person who uses the site in a manner inconsistent with these terms of use and applicable law. The user agrees not to use this site to make speculative, false or fraudulent claims, not to use robots or other automated means to access this site, except as expressly authorized by VivoVenetia. In addition, he covenants and warrants that: (A) has not been previously suspended by VivoVenetia; (B) is not a direct competitor of VivoVenetia; (C) does not have, or has not had, more than one VivoVenetia account at any one time; (D) has full power and authority to accept these Terms and Conditions of Service and is not in breach of any other agreement to which it is a party. In all cases, the user is prohibited from publishing or transmitting through the platform any content that is offensive, illegal, defamatory, disrespectful of privacy or containing advertising or solicitation for third party services.
10. LIMITATION OF LIABILITY
VivoVenetia, which assumes the promotion and advertising of the services between the End Customer/Visitor and the Partner, is not a party between the End Customer/Visitor and the Partner; the responsibility for the information services and performance of the acquired services therefore rests with the Partner. In no event shall VivoVenetia be liable for any of the following damages: (a) loss of data; (b) loss of profits or anticipated revenues; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or damage to reputation; (f) losses suffered by third parties; (g) indirect, special or other damages resulting from or arising out of the use of the VivoVenetia platform and its linked sites, regardless of these terms and conditions. VivoVenetia shall not be liable for coincidences or problems experienced by individual customers, injuries, damages, losses, accidents, delays or irregularities, expenses caused by the failure of any person or service company, or any vehicle, including services purchased using the platform. In addition, VivoVenetia shall not be liable for any illness, riot or demonstration, weather condition, or for any theft, labour dispute, machinery breakdown, act of war and/or terrorism, failure of a transport vehicle or for any other causes beyond its control. VivoVenetia's services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, as specified by the relevant supplier, without any liability or warranty (whether express or implied by law) on the part of VivoVenetia.
11. LINKS
VivoVenetia's multilingual web platform contains links to third party sites. These sites are not under the direct control of VivoVenetia, which can in no way be held responsible for their content. VivoVenetia provides these links as a service and specifies that a link does not imply affiliation with the linked site. The linked sites are owned by vendors or service providers, independent of VivoVenetia, which therefore cannot guarantee anything about the deployment of their services or business practices.
12. PRIVATE MESSAGES, COMMENTS AND SHARING OF PHOTOS AND VIDEOS
By providing a review and/or sharing an amateur photo or video, the user agrees that these may be posted on the provider's page, on our site, on our social media, on the provider's site or on the site of one of our affiliated partners in order to inform other users of the quality of the experience.
By posting comments, photos and videos on the web platform, the user agrees to: (A) assign and make available free of charge the rights arising from the use of his/her comments, photos and videos with express release (law no. 633/1941) in favour of VivoVenetia from any claim for compensation for the legitimate use of the material given. These comments, photos and videos will be available free of charge to be read, published, translated and distributed by any means and on any type of support, including for advertising and promotional purposes by others, given the consent provided by the user to VivoVenetia.
Notices that are inaccurate, irrelevant, or contain illegal or offensive material will be removed and reported to the judicial authorities, if required by law. VivoVenetia expressly reserves the right to cancel such notices, without providing any reason or notice, and to prohibit the user from any further use of the web platform by deleting his/her account. If any reviews are found to be offensive, defamatory or unlawful to VivoVenetia or any of its suppliers, the parties concerned reserve the right to take legal action.
The user agrees not to publish or disseminate information protected by copyright or other protected rights without the express consent of the owner of the right. The user also agrees to indemnify VivoVenetia in the event of legal action arising from any infringement of these rights.
13. PRIVACY POLICY
VivoVenetia wishes to inform the End Visitor/Customer that any personal information disclosed to the multilingual web platform and linked sites will be used as written in the Privacy Policy, which we invite you to carefully consult in its entirety. The personal information requested and collected during the PURCHASE process, in compliance with the law on privacy [Legislative Decree No. 196 of 2003, ‘Code concerning the protection of personal data’ and subsequent amendments and/or additions]: a) are collected and processed electronically and / or mechanically to the object and purposes of the performance of the contract for the delivery of events, services and internal management; b) e-mail addresses will be used to send information and data performance of this contract; c) they will be processed by the staff of Vivovenetia, and by our authorized partners for the performance of the contract and as mentioned in point a; d) may be communicated to third parties, duly delegated by these parties, for the purpose of the proper performance of the activities acquired, but in no other case be transferred, sold or bartered.
The owner of the processing of personal data is ‘Vivo SRL’ Anne Cecile Rousset in the person of the legal representative Anne Cecile Rousset based in 30173 Venice, via Ca' Rossa 93/A (P. Iva 04383730274), registered with the C.C.I.A.A. . Venice - Rea nr: VE-381160, PEC: vivosrls@pec.it. The owner of the data processing is the person designated as the legal representative of the partner providing the chosen service. By accepting these General Conditions, consumers agree to the processing of personal data in accordance with Legislative Decree no. 196/2003 and subsequent amendments and/or additions.
14. CHANGES
VivoVenetia may modify, supplement or delete these General Terms of Use and other documents published on the platform, or any part thereof, at any time and at its sole discretion, if it deems it necessary for legal or technical reasons, or even as a result of changes to the services offered and the layout of the VivoVenetia platform and its linked sites. To this end, VivoVenetia will inform the interested parties of any changes by means of a notice that will require acceptance of the new legal terms.
15. APPLICABLE LAW AND JURISDICTION
The terms and conditions and the provision of services offered on the VivoVenetia multilingual web platform and its linked websites are regulated and governed by Italian law and any dispute will be submitted exclusively to the Italian courts of jurisdiction. This text of the General Conditions of Use and other documents on the platform are a translation into French of the original documents in Italian. In the event of any dispute, inconsistency or discrepancy between the Italian and translations into other languages, the Italian text shall prevail. In the event of any dispute arising in connection with the interpretation, performance and termination of this relationship, the parties acknowledge the exclusive jurisdiction of the Court of Venice, in accordance with the provisions of the Consumer Law referring to the Italian Consumer Code (Legislative Decree 206 of 2005).
2. CONDITIONS OF SALE FOR PACKAGE HOLIDAYS
APPLICABLE DISCIPLINE: the sale of tourist packages is regulated - until its repeal under Article 3 of Legislative Decree No 79 of 23 May 2011 known as the ‘Tourism Code’ - by Law No 1084 of 27/12/1977 ratifying and applying the Convention. Directive (EU) 2015/2302 on package travel and related travel services, which aims to provide consumers with a high and uniform level of protection of their rights in respect of package travel and related travel services, is complied with.
KEY POINTS
The following information will be provided by the organiser or retailer before the contract is signed:
- the itinerary, including dates and number of overnight stays;
- the means of transport provided, the dates and times of departure and return, the place of stopovers and connections;
- the characteristics of the accommodation;
- meals provided
any tours or other services included; - in the case of group travel, the approximate size of the group;
- the language in which the tourist services will be provided, if applicable;
- the suitability of the trip for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday stay for the traveller's needs;
contact details; - the total price of the package including taxes and any other additional costs;
- payment terms and conditions;
- the minimum number of people required for the package and the deadline for cancelling the contract for this reason;
- the applicable passport and visa requirements, as well as information on health formalities;
- a statement indicating that the traveller may cancel the contract at any time before the start of the package, subject to payment of appropriate cancellation charges, or standard cancellation charges levied by the organiser;
- information on compulsory or optional insurance covering the cost of cancellation of the contract by the traveller or the cost of assistance in the event of accident, illness or death.
La confirmation du contrat doit également comporter les informations suivantes:
- any special requirements of the traveller that the organiser has accepted;
- a statement that the organiser is responsible for the proper performance of all travel services included in the contract and is obliged to provide assistance to the traveller if he is in difficulty;
- details of the entity responsible for protection against insolvency and of the organiser's local representative, a contact point or other service through which the traveller can contact the organiser quickly and efficiently;
- a statement indicating that the passenger is required to report any non-conformity;
- for unaccompanied minors, information enabling direct contact to be established with the minor or the person responsible for the minor in the minor's place of residence;
- information on procedures for dealing with complaints;
- the passenger's right to assign the contract to another passenger.
In good time before the start of the package, the organiser will provide the traveller with the receipts, travel vouchers, tickets and information required for the trip.
Price increases
Price increases (limited to 8% in most cases) are only permitted if the contract expressly provides for this possibility (in which case the passenger may also be entitled to a reduction) and if they are the direct consequence of a change:
- the cost of fuel or other energy sources;
- an increase in taxes or charges imposed by a third party;
- exchange rates.
Any price increase must be notified no later than 20 days before the start of the package.
Cancellation of the contract
If the organiser significantly modifies the contract or applies an increase of more than 8% to the price, the traveller may, before the start of the package, accept the modification, accept another package (of equal or higher quality) or cancel the contract and be reimbursed within 14 days.
The traveller may cancel the contract at any time before the start of the package (by paying the appropriate fee).
The traveller may also cancel the contract (free of charge) if exceptional and unavoidable circumstances, occurring at or in the immediate vicinity of the destination, have a significant impact on the execution of the package or on the transport of passengers to the destination. In this case, the passenger is entitled to a full refund but not to additional compensation.
Execution of the package
The package organiser is responsible for providing the travel services included in the contract, even if these are provided by other service providers. Rules apply in the event of non-compliance, cancellation and compensation:
- if one of the travel services is not performed in accordance with the travel contract, the organiser shall remedy the non-conformity unless this is impossible or involves disproportionate costs;
- when a significant part of the travel services cannot be provided as planned, other appropriate services of equal or higher quality must be offered at no additional cost;
- when it is impossible, due to ‘exceptional and unavoidable circumstances’, to ensure the return of the traveller, the organiser will bear the costs of the necessary accommodation, for a maximum of three nights;
- when a non-conformity considerably disrupts the execution of a package and the organiser does not remedy the situation, the traveller may cancel the contract without paying cancellation charges.
In the event ofthe organiser's insolvency, an additional guarantee is provided. VIVO SRL relies on the ‘Vacanze Felici’ guarantee fund.
This directive does not apply to services:
- covering a period of less than 24 hours, unless an overnight stay is included;
- offered on an occasional basis, for non-profit-making purposes and to a limited group of travellers only;
- purchased under a general agreement concluded for the organisation of a business or professional trip.
As a general rule, EU countries may not introduce regulations providing for a different level of protection from this directive. These new measures must be implemented by 1 July 2018 at the latest.
This directive repeals Directive 90/314/EEC with effect from 1 July 2018. It applies from 1 July 2018.
KEY TERMS
Package: in most cases, a combination of at least two different types of travel services (e.g. flight, train and/or accommodation) for the purposes of the same trip, usually purchased from a single point of sale. These services are selected before the traveller has agreed to pay, and are sold at an all-inclusive price and as a package.
Linked travel services: two or more different types of travel services purchased for the same trip, not constituting a package involving separate contracts with individual travel service providers. This also applies:
- when separate services have been selected and paid for during a single visit to the point of sale; or
- when at least one additional travel service is purchased from another professional within 24 hours of booking the first travel service.
CANCELLATION BY THE TRAVELLER BEFORE THE BEGINNING OF THE PACKAGE HOLIDAY:
The traveller who wishes to cancel his or her departure and break the contract, for reasons other than those mentioned above, will be charged, in accordance with art. 41 of the Tourism Code, a penalty as follows: 25% of the participation fee for withdrawal up to 30 days from the departure date; 50% between 30 and 8 days before departure, 75% of the participation fee for withdrawal up to 8 days after the departure date. No refunds will be made after this deadline. For individual or tailor-made trips, the costs will be stipulated in the travel contract.
MEDICAL EXPENSES INSURANCE
As a Tour Operator, vivovenetia through the travel agency ‘vivo experience’ is covered by Europ Assistance civil liability insurance n.9379885. No other insurance, luggage, illness, repatriation is included in the package holiday.
REPLACEMENTS AND PRACTICAL CHANGES:
A customer who withdraws may be replaced by another person provided that :
a) Vivovenetia is informed in writing at least 7 working days before the planned date of departure, receiving at the same time notification of the details of the transferee; b) the transferee fulfils all the conditions for using the service (art. 39 of the Italian Civil Code.) ) and in particular the requirements relating to passports, visas and health certificates; c) the person taking over reimburses the organiser for all costs incurred in making the replacement, up to a maximum of €50. The transferor and the transferee are also jointly and severally liable for payment of the balance of the price and the amounts referred to in letter c) of this article. With regard to certain types of services, it may happen that a third party service provider does not accept the change in the name of the assignee, even if it is made within the time limit referred to in a) above. The organiser will therefore not be liable for the non-acceptance of the change by third-party service providers. Such non-acceptance will be promptly communicated by the organiser to the parties concerned prior to departure. The customer may also request a change of holiday or date, provided that he informs the organiser at least 4 weeks before the holiday initially booked and against payment of a change fee of €50 per person.
CLAIMS AND COMPLAINTS: Any failure in the performance of the contract must be contested by the consumer without delay so that the organiser or the escort can remedy the situation quickly. The consumer must, on pain of forfeiture, make a complaint by sending a registered letter with acknowledgement of receipt or PEC, to the organiser or vendor, no later than 10 working days from the date of return to the place of departure.
LIABILITY: the organiser is liable for damage caused to the tourist as a result of the total or partial non-performance of the services contractually due, whether carried out by him personally or by third-party service providers, unless he proves that the event is the result of the tourist's actions (including initiatives taken independently by the tourist when carrying out the tourist services).
3. Processing of personal data under EU Regulation 2016/679 (‘GDPR’)
The purpose of this document is to explain how VivoVenetia uses and manages the personal information of its visitors and customers in order to comply with current legislation protecting privacy in accordance with EU Regulation 2016/679 (‘GDPR’). The following information relates to all VivoVenetia web platforms including vivovenetia.fr, multilingual and other sites, newsletters, forums, social partners, etc.
WHAT TYPES OF DATA DO WE COLLECT?
The purpose of this page is to tell you how we handle the data we collect.
Data provided by the user
When you purchase a service on our site, we ask you to provide us with the following information: Name, full address, telephone number and email address.
Third party data
If you provide personal data of third parties, for example those of your friends or family members (in particular with the gift purchase method), you must ensure that these subjects are properly informed and have consented to the processing of the data as explained in this document.
Data concerning minors
If you are under 18, you may not provide us with any personal data. We take no responsibility for misleading statements made by you.
Data we collect automatically
We collect the following data that you use, such as technical data. For example, we collect the IP address of your computer's browser and the current (approximate) position of the device you are using. The data is collected using cookies or similar technologies. For more information, please see the ‘cookies’ section. Our data is stored on a server in France (OVH). The data you provide in our booking system is managed by external software provided by datagest.
- How do we use the data we collect?
We use the data collected to offer you our service and to keep you informed of our commercial activities by offering you a personalised service.
1.1. The information you provide is necessary to guarantee access to our services:
We use it for :
- Creation of your account on the booking system we use, managed by datagest.
- Communications related to the provision of the service
- messaging between you, us and our partners
- Fulfil our administrative and fiscal obligations, including issuing invoices, when required by law.
We also use your data to improve the implementation of the service, through the following processing:
- Detection of current position (approximate) facilitating the vision of nearby events and other data that can be used for market research and surveys on the degree of user satisfaction.
- The provision of personal data is mandatory exclusively for the processing services required to provide Vivovenetia offers. The provision of additional data is optional for promotional and profiling purposes.
1.2. Would you like to be informed of our commercial activities?
We use the data collected, with your express consent, to inform you of promotional activities that may be of interest to you by e-mail, telephone calls, newsletter, etc.
1.3. Profiling
We process the data collected, with your express consent, to analyse your consumer choices and habits, in order to provide you with offers that are increasingly personalised according to your centres of interest.