These terms and conditions of service (or "TOS") govern the use of the digital platform "Holidoit" available on the website www.holidoit.com, as well as access to the contents and the booking of the activities present on the same by the User, except in cases of explicit indication regarding the application of terms other than those present.
The TOS also provide information on the service provided by the digital platform “Holidoit” (the “Service” or the “Platform”).
|2.||Object of the Holidoit service||2|
|3.||Acceptance of the TOS and modifications||3|
|4.||Registration on the Platform||3|
|5.||Booking and purchasing an experience||4|
|6.||Methods, timing and security of payments and refunds||5|
|8.||Cancellation of a reservation by the Supplier||5|
|9.||Cancellation of a confirmed reservation by the User||6|
|10.||Obligations and responsibilities of the User||6|
|11.||Faculty of the Company, suspension||6|
|12.||No technical assistance||7|
|13.||Limitations of responsibility||7|
|16.||Privacy & Cookies||9|
|20.||Communication and other provisions||9|
|21.||Exclusive forum and applicable law||9|
The following terms have the meaning indicated below, it being understood that the terms defined in the plural are also defined in the singular and vice versa:
SOCIETY indicates Holidoit srl, company with registered office in
Giussano (MB), Via Udine n. 4, VAT number 11482970966, owner of the Platform;
SERVICE / PLATFORM means the digital service called "Holidoit", available on the website www.holidoit.com, developed by the Company, which allows Users to access Experiences throughout the country, made available by the Suppliers;
USER means any natural person who browses, uses, accesses or registers on the Platform to view and/or book Experiences;
SUPPLIER means any natural or legal person who uses the Platform to promote and make their Experiences available to Users through Advertisements;
EXPERIENCES indicates the recreational activities and experiences made available and bookable through the Company's Platform and offered by the Suppliers;
ADVERTISEMENT Indicates the web page containing the information of an Experience published on the Platform and offered by a Supplier.
RESERVATION REQUEST means the request made by a User to a Supplier to book an Experience.
ALTERNATIVE PROPOSAL indicates a proposal for an alternative Experience made by the Company or by the Supplier to the User, in case of refusal of the Booking Request originally made by the latter.
CONTENTS indicates the total set of goods and/or services present on the Platform, such as, by way of example, video content, slides, text, photos, videos, graphics, music, audio or other material offered by the Company and/or by the Suppliers.
- OBJECT OF THE HOLIDOIT SERVICE
- These Terms constitute a contract between the Company and the User. The User is responsible for having read these Terms, the most updated version of which can be consulted at the link https://holidoit.com/wpautoterms/terms-and-conditions/.
- Holidoit is the digital platform developed by the Company aimed at enhancing and facilitating communication between Suppliers and Users, simplifying - respectively - the publication of Advertisements for recreational and leisure activities throughout the national territory, and the booking of the same .
- Through the Platform, Users can book Experiences and other services made available by the Suppliers and promoted through the Advertisements.
- The Platform service includes the management of reservations, payments, refunds and cancellations on behalf of the Suppliers.
- ACCEPTANCE OF THE TOS AND MODIFICATIONS
- This agreement, as concluded, will be archived and made available to the User according to the methods indicated on the Platform, as well as being able to be saved locally in .pdf format. Likewise, the Platform indicates the technical means made available to the User to identify and correct data entry errors before signing this agreement.
- The Company will send via e-mail receipt of the User's acceptance, containing a summary of these general and applicable particular conditions, information relating to the essential characteristics of the service and a detailed indication of the price, means of payment and applicable taxes .
- PLATFORM REGISTRATION
- Users can browse the Platform, view the Experiences and make reservations even without prior registration on the Platform.
- To complete registration on the Platform, Users provide certain data, such as username, e-mail address, and any other data indicated in the registration form.
- Once the registration process has been completed, the User will receive an e-mail confirming registration and will be able to access their account and, at their discretion, complete, modify and/or delete it.
- Once registered on the Platform, the User will be able to book the Experiences from their private area.
- You shall take adequate and satisfactory measures to prevent misuse or theft of your account, and maintain an adequate level of security and control over all devices, items, IDs, passwords and numbers/ personal identification codes used to access your account.
- The Company is unable to guarantee the identity of the Users who use the Platform, therefore, the latter are obliged to inform the Company if they believe that their account associated with the Platform has been the subject of theft or illicit use by third parties. In any case, the Company will not be responsible for any fraudulent use of the User's account by third parties.
- The Company recommends Users to report any theft, misappropriation or alleged misuse of their account to the police authorities. If necessary, the Company undertakes to cooperate with the User and the competent authorities. In the event of fraud, Users reserve the right to take all appropriate measures if they have suffered damage resulting from improper use of the Platform.
- BOOKING AND PURCHASE OF AN EXPERIENCE
- Booking an Experience is the operation by which the User, having identified an Experience of interest to him, submits, through the Platform, a Booking Request to the relevant Supplier so that the latter reserves his own Experience for him for a certain period of time ( or part of the available seats of the same).
- To request the booking of an Experience, the User must follow the procedures and instructions indicated on the dedicated screen, filling in the formats provided within the Advertisement, and entering the information relating, for example, to the date, time, the number and age of the participants in the Experience. If intending to confirm the Booking Request, the User must duly confirm and click on the "Book Now" button.
- Once the Booking Request has been completed, the User must enter certain data such as name, surname, e-mail address, telephone number, Tax Code and/or VAT number, and credit card details.
- The insertion of the identification details of the payment cards does not yet involve, by the Platform, any charge of expense to the User, but consists in a pre-authorization for the payment.
- From the moment of the Booking Request, the Supplier has 72 hours to confirm the booking. In the event that the Booking Request is confirmed by the Supplier, the contract between the User and the Supplier is considered stipulated and accepted by effect of the Law, and the amount corresponding to the Experience is charged in accordance with the pre-authorization to the payment.
- Payment for the Experience is made through a secure payment system provided by third parties. For any information on the payment authorization, the User is invited to consult the Platform page dedicated to the specific topic.
- Once the payment has been made, the User will receive an e-mail with the summary of the reservation, which indicates all the main information relating to the same such as, by way of example, the number of people, the place, the date, the time , the price paid, the meeting place, the name and contact details of the Supplier.
- In the event that the Booking Request is not accepted by the Supplier within 72 hours, or in the event that the Booking Request is refused by the Supplier, the pre-authorization for payment is canceled and no contract will be considered concluded between the User and the Provider.
- In the event that the Booking Request is refused, the Company and/or the Supplier reserve the right to offer the User an Alternative Proposal. The Alternative Proposal formulated is to be understood as a counter-proposal to the Booking Request formulated by the User. With the Alternative Proposal, the Supplier undertakes towards the User, until midnight of the following day from the time the Alternative Proposal is sent to him, to reserve, for the date and number of participants indicated, his availability for the 'Experience. In turn, the User, during the period of time indicated, has the option of accepting or rejecting the Alternative Proposal offered to him.
- The User is always allowed to cancel his Booking Request until it has been confirmed by the Provider. The cancellation must be made by following the instructions provided in the appropriate section of the Platform. The Booking Request is considered canceled when the Company receives the relative communication and the Supplier is automatically informed by e-mail.
- It is understood that the booking and purchase of an Experience will not be concluded, remaining devoid of any effect, if the procedure referred to in this article is not duly respected.
- For any error, misprint or problem in completing the online formats and, more generally, in carrying out the purchase procedures prepared by the Company, the User is invited to contact, without delay, the e-mail address email@example.com.
- METHODS, TIMELINES AND SECURITY OF PAYMENTS AND REFUNDS
- The payment of the Experiences by the User will take place: i) according to the times indicated on the Platform; ii) according to the method chosen by the User among those expressly permitted within the Platform and promptly specified in the relevant section. The use of the aforementioned payment methods does not involve any additional cost for the User.
- Any refund to the User will be credited using one of the methods proposed by the Company.
- All communications relating to payments are made via encrypted connections, which guarantee the processing of such information with a high level of security and in compliance with current legislation on the protection of personal data.
- For the management of sums whose amount is greater than Euro 1.000,00 or the equivalent if paid in foreign currency, with the exchange value identified at the time of payment, the Company reserves the right to ask the User for a copy of a document identity card, or residence certificate, before proceeding with the validation of the Booking Request.
- USER WITHDRAWAL
- The User acknowledges that the Experiences that can be booked through the Platform consist of recreational activities having a specific date or period of execution, therefore, the right of withdrawal for the same is excluded pursuant to art. 59 of the Consumer Code (Legislative Decree 206/2005).
- In cases where the Experience purchased does not fall within the cases of exclusion of the right of withdrawal, again pursuant to art. 59 of the Consumer Code, the User can withdraw from the purchase contract by promptly notifying it by sending a registered letter with return receipt addressed to the Provider of the Experience purchased, to the email address indicated in the booking confirmation and to Holidoit srl , in Giussano (MB), Via Udine n. 4, or by email at firstname.lastname@example.org. The exercise of the right of withdrawal must take place within fourteen calendar days, without any penalty being paid and without the need for the User to specify the reasons for the withdrawal, as established by the articles. 52 and following of the Consumer Code, provided that, in the meantime, he has not taken advantage of the Experience.
- The withdrawal period starts from the date of receipt of the e-mail confirming the reservation of the Experience. The Company will activate the refund procedures for all payments made by the User for the purchase of the Experience, without delay and in any case within fourteen days from the day on which it was informed of the User's decision to withdraw from the contract pursuant to this item.
- The form to be completed and sent in the manner described in this paragraph to exercise the right of withdrawal can be downloaded at the following link: https://holidoit.com/wp-content/uploads/2022/09/Holidoit-Modulo-recesso.docx.pdf. The User acknowledges and accepts that the notice of withdrawal addressed only to the Supplier will not be considered effective for the purposes of the withdrawal.
- CANCELLATION OF A RESERVATION CONFIRMED BY THE PROVIDER
- The Supplier is entitled to cancel the Experience if carrying out the same is made impossible, difficult or dangerous due to force majeure beyond its control such as, by way of example, the occurrence of particularly adverse weather conditions, natural disasters , epidemiological emergencies, and/or regulatory provisions that prevent the carrying out of the activities referred to in the Experience.
- In the cases referred to in the previous paragraph, the Supplier shall notify the Company and the User, in the forms deemed most appropriate, provided that they are suitable for ensuring the timeliness of the communication.
- Where possible, the Supplier can formulate to the User a proposal to change the date or time, for carrying out the Experience booked. The new proposal formulated is to be assimilated to the Alternative Proposal, with the exception of the payment terms, since the price has already been paid by the User. Therefore, following the Alternative Proposal formulated by the Supplier, the User will be able to:
- accept the Alternative Proposal, concluding a new replacement agreement for the previous one, and with respect to which the User's economic service has already been performed;
- refuse the Alternative Proposal, with consequent dissolution of the contractual obligation and the right to a full refund of the price paid for the Experience.
- The Company undertakes, if requested by the User and once it has received the communication relating to the cancellation of the Experience by the Supplier, to arrange for the reimbursement in favor of the User of the sum paid for the execution of the Experience by re-crediting the sums on the payment instrument originally used.
- The refund will be paid by the Company in the name and on behalf of the Supplier.
- CANCELLATION OF A CONFIRMED RESERVATION BY THE USER
- Where possible, due to the type of Experience booked, or where expressly provided by the Supplier, the User can proceed with the cancellation of a confirmed reservation by following the procedure indicated in the appropriate section of the Platform.
- The commissions that will be withheld from the sums paid by the User are indicated, for each Experience, in the cancellation policies included in the Advertisement of the Experience in question, which are an integral part of these TOS.
- The absence, not previously communicated, of the User on the day and at the time agreed for the execution of the Experience is to be considered as a last minute cancellation, and excludes the right to a refund.
- YOUR OBLIGATIONS AND RESPONSIBILITIES
- The User cannot use the Platform improperly, illegitimately, deceptively or fraudulently. By way of example, it is prohibited for the User to use the Platform in ways or for purposes not permitted by law, to spread computer viruses, or to carry out activities that may compromise the security of the Platform and/or third parties.
- The access credentials to the Platform are strictly personal and cannot be transferred, transmitted, communicated or granted by the User to third parties.
- The User cannot use the identity of others and/or access the Platform using automated tools (such as collection bots, robots, spiders or scrapers).
- The User is exclusively responsible for the truthfulness, lawfulness, correctness and right to use the material or information transmitted by him via the Platform.
- The rights and obligations of the Company may be assigned to other subjects, for example, by way of example and not limited to, in the event of a change in ownership or due to the law.
- POWER OF THE COMPANY, SUSPENSION
- cancel or suspend your account;
- deny the User subsequent accesses to the Platform;
- take against the User any action to protect yourself, including those aimed at obtaining compensation for damages.
- The Company may modify, update, suspend, limit or interrupt the Platform service at any time, and without liability to the User. In any case, the User will be guaranteed the use of the Experiences already booked prior to the suspension.
- Any requests for account reactivation must be made by email sent to email@example.com. The Company reserves the right to decide at its sole discretion the reactivation of the suspended account.
- In all cases provided for in this article, the User will be held responsible for any damages suffered by the Company.
- NO TECHNICAL ASSISTANCE
- LIMITATION OF LIABILITY
- The Company selects the Suppliers and the related Experiences proposed through the Platform according to its own preventive assessments regarding quality and reliability. In any case, however, the Platform service is provided "as is" and without any explicit, implicit or legal guarantee with respect to the Experiences made available by the Suppliers and, in general, to the Contents of the Platform.
- With respect to the booking and execution of the Experiences, the User also acknowledges that:
- the Experiences are usable only if the User and the participants involved by him are in possession of the conditions required for the exercise of the same (for example, certificates proving a suitable physical condition or state of health, a certain level of ability, as well as additional certificates, patents or licenses required by law); otherwise the Supplier has the right to refuse participation in the Experience without deriving a right to reimbursement of the price paid by the User;
- the User and the participants involved by him must comply with the rules and instructions dictated by the Supplier in order to allow the Experience to be carried out in optimal safety conditions; otherwise, the Supplier has the right to interrupt participation in the Experience without deriving a right to reimbursement of the price paid by the User;
- the User and the participants involved by him must arrive on time at the meeting point indicated in the summary of the booked Experience. A delay of more than 15 minutes with respect to the agreed time may result in the cancellation of the reservation, in accordance with what is established in the general terms and conditions of the Supplier Experience, and indicated in the reservation summary.
- The Company cannot in any way be held responsible for the results and/or consequences deriving from the Suppliers' Experiences, such as, by way of example but not limited to, any harmful consequences deriving from the performance of the Experiences, or the failure to achieve the desired results. Except in the case of willful misconduct or gross negligence, the User therefore acknowledges and accepts that the Company will not be liable in any way for any damages, injuries, losses, charges and expenses or costs, direct or indirect, including any legal fees suffered and/or endured by the User in connection with the Experiences of the Suppliers.
- Furthermore, the Company assumes no responsibility for the documentation concerning the state of health, the possession of patents, certificates, or any other document produced by the User at the time of booking. Consequently, it is expressly specified that the User and the participants involved by him are solely responsible for booking and participating in the Experiences, taking into consideration their level of ability, physical condition, experience, limits, and all the risks deriving from taking part in potentially dangerous sporting or non-sporting activities.
- The Company undertakes to do everything possible to ensure that access to the Platform and the booking of Experiences is provided without interruptions and that any data transmission takes place without errors. However, due to the nature of the network, uninterrupted access and error-free transmission cannot be guaranteed. The Company cannot therefore be held responsible for errors, omissions, interruptions, cancellations, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorized access or alteration of any content relating to the Platform, except that this is not due to willful misconduct or gross negligence.
- The limitations and exclusions in this clause apply to the maximum extent permitted by law.
- INTELLECTUAL PROPERTY
- All Content present or made available to the User through the Platform, as well as trademarks, designs, models, know-how, texts, graphics, designs, logos, images, audio files, data collections and software, directories or other databases present on the Platform are the exclusive property of the Company and/or the Suppliers and/or third parties that the Company exploits under licenses, and are protected by Italian and international laws on copyright, intellectual property rights , industrial law and database rights.
- The use of the Platform and the reservation of the Experiences by the User does not confer any ownership or other rights in the Content, code, data or other materials associated with the Experiences and/or the Platform.
- Under no circumstances may the User, without the prior written consent of the Company, do or attempt to do the following to the Contents: (i) use the Contents and/or the Company's trademarks for commercial, advertising or product or service promotion purposes ; (ii) market merchandise, physical or digital, that represents the purchased Content and/or the Company's trademarks (iii) attempt to claim any further intellectual property rights relating to the Content.
- Any use of the Contents contrary to these Terms of Service and/or to the provisions of Italian and Community legislation for the protection of industrial and intellectual property will be prosecuted in accordance with the law.
The Platform may contain hypertext links that redirect to third party sites. The Service has no control over these sites and disclaims any responsibility for the access, content, or use of such sites.
- PARTIAL NULLITY
- NOTICES AND OTHER PROVISIONS
- The rights and remedies included herein are not exclusive to, but are in addition to, other rights and remedies available under applicable law.
- For any need, the User can contact the Company at the following address: firstname.lastname@example.org
- APPLICABLE LAW AND COMPETENT COURT
- The Judicial Authority of Milan will be the only one territorially competent to decide any dispute that may arise between the parties, with the exclusion of any other court, alternative or competitor.