GENERAL CONDITIONS OF CONTRACT
1. General Provisions
The here present General Conditions of Contract (hereafter GCC) regulate the contracts agreed to by the User and the Service Provider through Marketplace Garda Trentino Now. The Service Provider reserves the right to insert particular contractual provisions in its business description, which can be viewed online. In this case, these more recent particular conditions are applicable and supersede the previous GCC. In any case, wherever the User is a Consumer, under the contracts concluded by the User him/herself, the provisions in the Legislative Decree No. 206, 06/09/2005 (consumer Code) will be applicable. In particular the provisions as per Art. 50, and also those generally applicable as per the Legislative Decree No. 70, 09/04/2003, regulating the services of Information technology companies in the internal market, with particular reference to electronic-commerce.
For the purpose of applying the present GCC, the terms hereafter conventionally indicated with capital letters and in italics (both singular and plural) will have the following meanings::
- the Marketplace Services are those of promoting the tourist offers in the territory (events, places of interest, hospitality, food services, utilities, shops and relative product catalogues, promotional coupons) with the profiling of the users choices, cross-marketing, temporal and geographical proximity of the elements on offer, info/promo and commercialization through digital coupons, management of booking requests for products and services, protecting online purchases on the websites of the Service Providers that have an online shop.
- The Service Provider is the commercial activity found in Garda Trentino or surrounding areas of touristic interest, that have signed a contract with Ingarda S.p.A. (hereafter Ingarda) for access to the Marketplace Services.
- Ingarda Trentino Azienda per il Turismo S.p.A. (hereafter Ingarda) is the company that deals with the promotion and diffusion of the touristic image of the Garda Trentino area
- The User is the subject, natural or juridical person, who uses Marketplace to avail him/herself of the Marketplace Services
- Marketplace is Ingarda’s platform that works from the now.gardatrentino.it website
- Linked Websites are all the websites of information and promotion/commercialization which Ingarda will use to create and publish the offers available on the Marketplace, including those of the stakeholders (E.g. accommodation facilities) that will contribute to the promotion of the Touristic Destination for the guests
- The Content is all the digital data, texts, photos, drawings, audio and/or visual segment etc. that come from the Service Provider
- The Coupon is the document, in digital format, issued by Ingarda that allows the user to access the service
- The Synapses hub is the web client that implements the reserved area at the Service Provider’s disposal to insert and update its offers and products
- the coupon Publication is the action which permits the operators within the territory to show their offer within the Marketplace in an evident way
- The Download of the coupon is the action that allows the User to purchase the service published and offered on Marketplace by the Service Provider
- The coupon Check-in is the action that allows the operators within the territory to verify that the guest wishing to avail him/herself of the service has a valid coupon, namely, that is has not expired or already been used by others
- the Cancellation Policy is the list of conditions for the cancellation of the booking, effective for the individual Service Provider
- No Show is the Client’s failure to appear at the Service Provider’s destination, without having cancelled in a timely manner, as requested in the provisions of the present GCC or of the Cancellation Policy
3. Object of the contract
The object of the contract regulated by the present GCC is the supply of the Marketplace Services published by the Service Provider through the web system within Marketplace.
4. Contract conclusion
As a result of the Download of Coupons through Marketplace, a direct contractual relationship is established between the Service Provider and the User, which is regulated by the present GCC. The Download consist of an order relative to the service offered by the Service Provider, and individuated by the User.
The use of Marketplace is permitted only for adult users, according to Italian law (over 18 years of age). Its use by minors assumes and implies the authorization and supervision by parents or guardians, who thus assume all responsibility for the minor’s conduct with regard to Ingarda and third parties involved. The use of Marketplace is free and allows for the free consultation of the content and announcements with the coupons. The relationship between the Users and the Service Providers, including purchases, exchange of information, the delivering or payment of goods and services, occur exclusively between the User and the Service Provider without Ingarda’s participation.
Moreover, the User commits to not making improper use of any of the contacts present on Marketplace. For example, the sending of publicity, promotional material or any other forms of unauthorized or unrequested solicitation via e-mail, or with any other form of communication, is prohibited.
6. Replacement service and acts of god or force majeure
6.1 The Service Provider cannot recede from the booking or cancel it, not even partially, being obliged to supply the service booked, except for cases where the service has been rendered impossible because of an act of god or force majeure. In this case, the contract is terminated and the Service Provider is bound only to give back the sum received from the User with the confirmation of the booking.
6.2 Nevertheless, only with the user’s consent, the Service Provider can provide the User with an alternative service, substituting the booked service which has been rendered impossible, so long as it has similar or better characteristics to the originally booked service.
6.3 Similarly, in the case of the momentary unavailability of the booked service for whatever reason (like, for example, preeminent health reasons), the Service Provider has to supply the User a substituting service from an equivalent category.
6.4 Eventual added costs for the substituting service are completely covered by the Service Provider.
The Service Provider is completely and exclusively responsible for the content published on the Marketplace relative to its activity, and is, therefore, responsible for, and the only guarantor for, the goods and services provided.
8. Limitation of liability
Ingarda does not provide any guarantee with regard to content, the completeness and correctness of the coupons published, nor of the published data, or with regard to the number and quality of the offers provided by the Service Provider. Furthermore, Ingarda is not involved in any of the eventual agreements that arise from the use of Marketplace and thus does not guarantee their outcome or quality.
The service is offered through the now.gardatrentino.it website which can contain banners/links to other internet sites that are not controlled by Ingarda; the publication of the abovementioned banners/links does not imply the approval or the endorsement by Ingarda of the relative websites and their content, nor does it imply any form of guarantee by Ingarda and therefore, Ingarda does not assume any responsibility. The User consequently accepts that Ingarda is not responsible, by way of example, for their veracity, correctness, completeness, their respect for intellectual and industrial property rights, nor does it answer to their eventual opposition to public order, decency and/or morals.
9. Cancellation and penalties
9.1 With regard to the cancellation of a booking by a User, the present GCC are applied as are the cancellation conditions specified by the individual Service Provider’s GCC, if it results more convenient for the User.
9.2 The User who wishes to cancel a booking made through Marketplace, has to communicate it in writing (fax or e-mail) to the Service Provider at least 24 hours before (and no later) the expected service was due to start. In this case, no penalty will be applied for the User.
9.3 In the case where the User does not use the service booked, by not arriving at the Service Provider’s destination (No Show) or cancelling the booking outside of the terms specified in the present GCC, as per comma 2 of the present paragraph, or the cancellation conditions of the individual Service Provider, if more convenient, the User is required to pay the Service Provider a sum equal to the entire cost of the booking, as a penalty. This sum will be billed to the User’s credit card, using the information given at the time of the booking.
Ingarda has no role in the negotiation between the User and the Service Provider that derives from the publication of the Service Provider’s offer on Marketplace and has no control or responsibility with regard to the quality, security, the validity of the published coupons or their content.
Ingarda does not sell or concede the User’s personal information to third parties for marketing purposes without the User’s explicit consent. His/her data will be used exclusively within the bounds of the law regulating privacy (Legal Decree 196/2003). For Ingarda the protection of its Users’ privacy is very important. For a complete description of how we use and protect personal information, consult our Rules on Privacy (as per Par. 13 of the Legal Decree 196/2003). If you do not agree with the use and transfer of your data according to the abovementioned procedure, we invite you to not use our services.
12. Applicable law and competent court
The present GCC and the individual Service Provider’s particular provisions are regulated by the Italian law. For all litigation relevant to the contract between the Service Provider and the User, in the case where the User is also the Consumer, as per the Legal Decree No. 206 06/09/2005 (Consumer Code), the competent court is the one in which the User is a resident, if the residency is within the territory of the Italian state. If, on the contrary, the User is not the Consumer or if he/she, being the consumer, is not an Italian resident, the competent court to resolve eventual litigation relative to the abovementioned contract is exclusively the Court of Rovereto.