Terms and conditions policy

Terms and conditions policy

I NOSTRI TERMINI E CONDIZIONI

TERMS AND CONDITIONS

Users who use the Services offered by SportoutdoorViaggi.it  declare to know and accept these terms and conditions. These Terms only govern the services provided by SportoutdoorViaggi.it; in any case, the purchase of the Excursions and the Tourist Packages remains governed also by the Conditions of the Contract of Sale of the tourist packages (available for consultation at the following link: general conditions), which are incorporated herein by this reference. 

Holder

Sportoutdoor Viaggi S.r.l.
Viale Coni Zugna 5/A
20144 Milano (MI)
REA of Milan: MI - 2551922
CF/VAT: 10711800960 

PEC address: sportoutdoorviaggi@pec.it
Paid-up share capital: 10.000,00 Euro
Website: www.sportoutdoorviaggi.it

Telephone: +39 351 8859910

INTRODUCTION

This document constitutes a legal agreement between the user and the company that manages SportoutdoorViaggi.it and governs the use of the website and, in any case, the use of the services provided on the site itself.

“User” The natural or legal person who uses the Service.

“Legal agreement” means that the terms of this agreement, once accepted by the User, are binding on the latter. For simplicity, “User”, “you”, “your” and similar terms, both singular and plural, refer to you user. “Sportoutdoor Viaggi”, “us”, “ours” and similar terms refer to the company that owns and manages SportoutdoorViaggi.it. “Sportoutdoor Viaggi” refers to this site. “Services” indicates the features and functionality that you can use through Sportoutdoor Viaggi. “Contract”, “Agreement” refers to this document. The conclusion of the Contract takes place in Italian.
Other definitions can be found in the “Definitions” section at the end of this Agreement. 

ACCEPTANCE OF THE AGREEMENT

In order to use the Services, you must carefully read and accept the Agreement by clicking on the specific button for acceptance where it will be requested before the conclusion of the purchase. If you do not accept the Agreement, you will not be able to use the Services. 

ABOUT SPORTOUTDOORVIAGGI.IT

SportoutdoorViaggi.it is a website dedicated to the presentation and purchase of excursions, tourist packages, organized trips and/or single tourist services and allows Users to: 

  1. check the destinations and dates available with reference to excursions, tourist packages, organized trips and tourist services presented on sportoutdoorviaggi.it;
  2. orwarding contact requests to receive more information on excursions, tourist packages, organized trips and individual tourist services on the site;
  3. configure your excursion or your tourist package, organized trip or tourist service by selecting the services you like;
  4. conclude the online purchase of an excursion, tourist package, organized trip.

The functions provided by Sportoutdoor Viaggi  and subject to registration are reserved for adult users.

REGISTERING ON SPORTOUTDOORVIAGGI.IT

The User isn’t obliged to register in order to explore and use SportoutdoorViaggi.it, however, in order to access some features such as, by way of example and not limited to, subscription to the newsletter, calculation of the cost of excursions, tourist packages, organized trips and preferred accommodation services, and the purchase of the same, the User must fill in the forms therein by communicating the required data in a complete, truthful and correct manner to the Holder fully accepting the Privacy Policy and  these Terms. If you want to know more details on why we ask for this data and on the use we make of it, consult the Privacy Policy of SportoutdoorViaggi.it 

CANCELLATION OF REGISTRATION 

Registered Users can stop using the Service at any time or request the cancellation or modification of their data, by contacting the Holder directly (via email at info@sportoutdoorviaggi.it or at +39 351-8859910). 

CONTENT AVAILABLE ON SPORTOUTDOORVIAGGI.IT

The contents available on SportoutdoorViaggi.it are protected by copyright law and by other international laws and treaties set up to protect intellectual property rights and, unless otherwise specified, their use is allowed to Users only within the limits specified in this clause.
The Holder grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for personal and never commercial purposes only and limited to the device in use by the User for the use of such content. Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits illustrated below), modifying, publishing, transmitting, selling, processing, transferring/transferring to third parties or creating derivative works in any by means of written or photographic contents also of third parties, available on SportoutdoorViaggi.it, nor allow third parties to do so through the User or his device, even without his knowledge.
Where expressly indicated on SportoutdoorViaggi.it, the User, for mere personal use, may be authorized to download and/or copy and/or share some content made available on SportoutdoorViaggi.it, provided that he faithfully reports all the copyright and the other indications provided by the Holder. 

CONTENT PROVIDED BY THE USER

Users are responsible for their own contents and those of third parties that they share on SportoutdoorViaggi.it, by uploading them, inserting them or in any other way. Users release the Holder from any liability in relation to the illicit dissemination of third-party content or the use of SportoutdoorViaggi.it, in ways contrary to the law.
The Holder does not carry out any kind of moderation of the contents published by the User or by third parties but may decide to interrupt or suspend the display of such contents in the event that: (i) complaints are received from other Users; (ii) receives a report of infringement of intellectual property rights; (iii) believes it should do so in anticipation of, or following, legal action; (iv) such action is requested by the public authority; or (v) believes that such content, remaining accessible through SportoutdoorViaggi.it, could jeopardize Users, third parties, the availability of the Service and/or the Holder itself. 

RIGHTS ON THE CONTENT PROVIDED BY THE USER

By sending, publishing or viewing content on or through SportoutdoorViaggi.it, the User grants the Holder a license without territorial limits, non-exclusive, free and with the right to sublicense, for use, copy, reproduction, processing, adaptation , modification, publication, transmission, display and distribution of such content with any medium or distribution method currently available or developed later. 

CONTENT PROVIDED BY THIRD PARTIES

The Holder does not make any prior moderation on the contents or links provided by third parties shown on SportoutdoorViaggi.it. The Holder is not responsible for these contents and their accessibility. 

SERVICES PROVIDED BY THIRD PARTIES

Users can use services or content included in SportoutdoorViaggi.it provided by third parties, but they must first have read the terms and conditions of these third parties and have accepted them. Under no circumstances can the Holder be held responsible for the incorrect functioning or availability, or both, of services provided by third parties. 

USE NOT PERMITTED

The Service must be used in accordance with the Terms. 

Users cannot: 

a) reverse engineer, decompile, disassemble, modify or create derivative works based on SportoutdoorViaggi.it or on any portion of it;

b) circumvent the IT systems used by SportoutdoorViaggi.it or by its licensees to protect the content accessible through it;

c) copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by SportoutdoorViaggi.it;

d) use any robot, spider, search and/or site retrieval application, or any other device, process or automatic means to access, recover, scraping or index any portion of SportoutdoorViaggi.it or its contents;

e) rent, license or sublicense SportoutdoorViaggi.it;

f) defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;

g) disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;

illegally appropriating the account in use with another User;

h) register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through SportoutdoorViaggi.it;

i) use SportoutdoorViaggi.it in any other improper way such as to violate these Terms.

PURCHASE PROCEDURE AND USER RIGHTS

Calculation of the estimate of excursions, tourist packages, organized trips and single tourist services.
Through SportoutdoorViaggi.it the User can estimate the cost of excursions, tourist packages, organized trips and individual tourist services of his interest by simply accessing the appropriate section on SportoutdoorViaggi.it.
The estimate resulting from this procedure has a mere indicative value of the cost of the trip which can vary, even significantly, depending on the personalization and options chosen by the User.
In no case the estimate has binding value or legal agreement and must be treated as an option that SportoutdoorViaggi.it offers to facilitate Users to navigate the various options provided.  For more information, the User is still asked to contact the Holder at the contacts indicated in the Terms. 

Purchase of excursions, tourist packages, organized trips and single tourist services
Through the specific section on SportoutdoorViaggi.it, the User can create, customize and purchase an excursion, a tourist package, an organized trip and individual tourist services for himself and his group.
The User must select the options to his liking from the options offered, and thus proceed with the purchase after carefully checking, and possibly modifying, the information contained in the order summary. The order is made by confirming the same and is subject to payment of the price, taxes and expenses indicated in the order summary form. The conclusion of the online purchase process constitutes the signing of the purchase proposal pursuant to the Conditions of Sale and the Privacy Policy.
The conclusion of the contract takes place when the Order Confirmation and invoice are sent by the Holder to the email address provided by the User.
The Holder reserves the right to cancel or modify, for example for failure to reach the minimum number of participants, an order placed on SportoutdoorViaggi.it by communicating to the User, at the email address associated with the purchase, by the date established for the start of the supply of the services (included in the excursion, in the tourist package, in the organized trip or in the single tourist services), the possible modification or unavailability of one or more of the services or of the whole order purchased. If the order is canceled or the User does not accept the changes, communicating them with the times and in the manner set out in the Conditions of Sale, the Holder will, where applicable, refund the price that may have already been paid by the User according to the methods provided by the Conditions of Sale.
Any modification of the Excursion or of the Tourist Package subsequent to the date of commencement of the provision of the services provided therein is governed by the Conditions of Sale.
In any case, the sale of the Tourist Packages presented on SportoutdoorViaggi.it is also subject to the terms and conditions of sale, which are available for consultation at the following link (contract for the sale of tourist packages), and which the User also has the obligation to read and accept. 

PAYMENT METHODS

SportoutdoorViaggi.it uses third-party tools for the processing of payments and does not in any way come into contact with the payment data - such as those relating to the credit card - provided. 

RIGHT OF CONTRACTUAL WITHDRAWAL

The User declares to be aware that the purchases of Excursions and Tourist Packages made through SportoutdoorViaggi.it are among the services relating to leisure activities that provide for a specific date or period of execution and that, therefore, do not grant the right of withdrawal provided for by Legislative Decree 206/2005 (i.e. “Consumer Code”). However, the Holder grants the User the right to withdraw from the Contract according to these penalties: 

in the case of a tourist package, organized trip, group trip also called retreat:

  • for cancellations communicated at least 60 days before departure, refund of the entire sum except for registration and management costs, quantifiable as € 30.00 and any fee paid for the cancellation policy.
  • For cancellations communicated between 59 days and 30 days before departure 60% will be refunded.
  • for cancellations communicated between 29 days and 15 days before departure 40% will be refunded. 
  • for cancellations communicated from 14 days to 5 days prior to departure, 25% will be refunded.
  • for cancellations communicated between 4 to 0 days prior to departure, the sum equal to 100% of the fee will be retained.

No refund will be granted to those who do not show up on departure or give up during the travel, package, retreat itself. The insurance coverage premium is always charged to the consumer, as it is non-refundable. It should be noted that some services may have different shelves than those shown, more information will be found in the booking confirmation. 

In case of excursion: 

Total refund of the fee if the participant cancels the reservation up to 48 hours before the start of the activity except for the cost of the transaction to make the refund itself quantifiable in € 2.00. If instead the excursion is canceled within 24 hours before the start, 80% will be retained.

WARRANTY, COMPENSATION AND LIMITATION AND EXCLUSION OF RESPONSIBILITIES

SportoutdoorViaggi.it and all the functions accessible through SportoutdoorViaggi.it are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. In particular, no guarantee of suitability of the Services offered, for the specific purposes that the User sets, is provided. SportoutdoorViaggi.it and the functions accessible through SportoutdoorViaggi.it are used by Users at their own risk and under their own responsibility. In particular, the Holder, within the limits of applicable law, is liable for damages of a contractual and non-contractual nature to Users or third parties only when these constitute immediate and direct consequence, through willful misconduct or gross negligence, of the activity of SportoutdoorViaggi.it.

Therefore, the Holder will not be held responsible for 

  1. any losses that are not a direct consequence of the breach of the Contract by the company Sportoutdoor Viaggi Srl;  S.r.l.; 
  2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or relationships commercial, loss of reputation or goodwill value etc.); 
  3. damages or losses deriving from interruptions or malfunctions of SportoutdoorViaggi.it due to events of force majeure or, in any case, to events independent of the will and unrelated to the sphere of control of the Holder such as, by way of example and not limited to, failures or interruptions to telephone or power lines, the internet and/or in any case other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber-attacks, interruptions in the supply of third-party products, services or applications and
  4. incorrect use of SportoutdoorViaggi.it by Users or third parties. 

 

INDEMNITY

The User agrees to indemnify the Holder (and any companies controlled by him or affiliates, representatives, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal costs incurred to defend themselves in court, which may arise in respect of damage caused to other users or third parties, with regard to content uploaded online, the violation of the law or the terms of these conditions of service. 

Limitations of Liability. Without prejudice to what is established in the “Exclusion of liability” clause regarding the responsibility of the Holder and without prejudice to the foregoing and to anything else provided for in the Terms and Conditions of Sale, the User specifically recognizes and accepts that any changes in the price of the Tourist Packages as a consequence of fluctuations and/or variables independent of the will and unrelated to the sphere of control of the Holder, as well as in the cases of price variations expressly provided in the Conditions of Sale, cannot give right to refunds, compensation, termination of the Contract nor to any other form of protection not expressly provided for in the Terms or Conditions of Sale. 

Miscellaneous

INTERRUPTION OF THE SERVICE

To guarantee Users the best possible use of the Service, the Holder reserves the right to discontinue the Service for system maintenance or updating needs, informing Users through constant updates on SportoutdoorViaggi.it. 

SUSPENSION OF THE SERVICE

The Holder reserves the right, in his sole discretion and without the exercise of this right to give rise to any claim for default or violation of this Agreement, to suspend the Service if: 

  1. there are reasonable grounds to believe that the Service is or can be used by unauthorized third parties;
  2. an event of force majeure or circumstances occurs which, in the sole discretion of the Holder, require emergency interventions or security problems to be solved, dangers for the entire infrastructure and/or people and/or property (in this last case, the Service will be restored as soon as the Holder, at his discretion, believes that the cause of the suspension of the Service has actually been removed or eliminated);
  3. the User is involved, for any reason, in any judicial or extrajudicial dispute of a civil, criminal or administrative nature, and, in any case, if such dispute may involve actions or measures against the Service or the Holder;
  4. suspension is requested by any court.
  5. Any suspension of the Service attributable to the User does not affect the right of the Holder to request compensation for any damage suffered.

RESALE OF THE SERVICE

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of SportoutdoorViaggi.it and its Services without the express permission of the Holder, guaranteed directly or through a specific resale program. 

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