General terms and conditions
1. General terms and conditions
The herein general terms and conditions (GTCs hereinafter) set the contracts implemented by the User with the Service Provider through the Garda Trentino Now Marketplace. The Service Provider may add some specific conditions to the contract on the company presentation sheet, which is available online. In this case, these latter specific conditions are applied instead of the previous GTCs. In any and all case, where the User is a consumer, the instructions given by the legislative decree no. 206/06 (Codice del Consumo) will be applied to the contracts, more specifically the provisions referred to in the articles 50 and next, together with the provisions enforceable in accordance with the legislative decree no. 70/03 concerning the Information Company in the internal market, with particular reference to the e-commerce.
For the purpose of these GTCs, the following terms, conventionally written in capital letters and italics (both singular and plural), may have these meanings:
Marketplace Services, are those services promoting the local tourism supply (i.e. events, places of interest, hospitality, catering, utilities, shops and related product catalogues, promotional coupons) with the user's profiling, cross-marketing, the time and place proximity of the offered items, as well as the promotion and marketing through digital coupons, product and services booking management, and the reserve of the online purchases on the Service Provider websites having an online shop.
Service Provider is the business, located in the Garda Trentino region or in the nearby tourist areas, that has set a contract with Garda Trentino S.p.A (hereinafter Garda Trentino) concerning the access to the Marketplace Services.
Garda Trentino S.p.A - Azienda per il Turismo (hereinafter Garda Trentino) is the company dealing with the promotion and distribution of the Garda Trentino tourist image.
User is the subject, both an individual or legal entity, using the Marketplace to enjoy the Marketplace Services.
Marketplace is the Garda Trentino application available at the now.gardatrentino.it website.
Connected Websites are all those information, promotion and commercialisation websites Garda Trentino may use to make and publish the herein offer on Marketplace, including the stakeholders’ websites - e.g. accommodation facilities - that will contribute to the diffusion among the guests of the Tourist Destination.
Content is every digital data, text, picture, drawing, audio and/or visual sequence provided by the Service Provider.
Coupon is the digital document issued by Garda Trentino that enables the user to make use of the service.
Sinapses hub is the web client that implement the Service Provider’s restricted area to insert and update its offer and products.
Coupon release is the action enabling the local operators to inform clearly about their offer in the Marketplace.
Coupon download is the action allowing the User to acquire the released and offered service by the Service Provider on the Marketplace.
Coupon Check-in is the action enabling the local operators to verify that the guest presenting himself to make use of the service has a valid coupon, that means not expired and not already used by others.
Cancellation Policy refers to the booking cancellation policies in force at every single Service Provider.
No Show is when the Guest doesn’t present himself at the Service Provider without a previous on time cancellation respecting the regulations included in the herein GTCs or in the Cancellation Policy.
3. Object of the contract
The object of the contract governed by these GTCs is the supply of the Marketplace Services published by a Service Provider on a web-based system within the Marketplace application.
4. Termination of the contract
By downloading the coupon from the Marketplace, a direct contract between the Service Provider and the User is set, ruled by the herein GTCs. The download consists in a service order offered by the Service Provider and chosen by the User.
Using the Marketplace involves all the users must be aged 18 years or older according to the Italian Legislation. A person under 18 can use the Marketplace with the permission or the supervision of the parents or a legal guardian, who are responsible for everything done to Garda Trentino and the involved third parties. The Users can use the Marketplace, as well as the consultation of the content and of the coupon notice, for free. The relationships between the Users and the Service Providers, including the purchase, the information exchange, the delivery or the payment of goods or services, take place exclusively between Users and Service Providers, without Garda Trentino being part of it.
Moreover, the User is committed to not use inappropriately the contacts on the Marketplace on any basis. Including, but not limited to, it is forbidden to send advertisement, promotional materials, or any other non-authorised form of soliciting by email or any other contact methods.
6. Replacement service and unforeseen circumstance or force majeure event
6.1 The Service Provider may not be allowed to terminate or cancel the booking, even partially, being it obliged to supply the service, unless it is impossible due to unforeseen circumstances or force majeure events, or for reasons that can determine the non-feasibility of the service (for example, health reasons or those events that may make not to provide the service more suitable). In that case, the contract will terminate and the Service Provider is obliged to return what has potentially received by the User as a booking confirmation.
6.2 Nevertheless, the User can choose the Service Provider to make a similar alternative service available as a replacement for the booked service, as long as it has equivalent rather than superior features. Otherwise, he can choose the Service Provider to make the same service available at another time or on another day.
6.3 Any higher costs for the replacement service are totally charged to the Service Provider.
The Service Provider is totally and exclusively responsible for the subject matters published on the Marketplace and related to its activity. It is therefore the one and only who stands behind and is responsible for the goods and services offered.
8. Disclaimer of Warranties
Garda Trentino cannot guarantee about the content, the completeness and the correctness of the published materials, either about the data, or the amount or the quality of the Service Provider's supply. Garda Trentino denies also any responsibility regarding the negotiations potentially developing by using the Marketplace, and thus cannot guarantee their result nor the validity.
The Service is offered by means of the now.gardatrentino.it website. It may include banners or links to third-party websites which are not under the control of Garda Trentino; the publishing of the above-mentioned banners or links doesn't imply the approval or the guarantee of Garda Trentino as for their websites and content. It neither implies any form of guarantee from Garda Trentino, therefore it may not assume any liabilities. Thus, the User acknowledges Garda Trentino of not being responsible, purely by way of example, for the truthfulness, correctness, completeness, the respect of the rights of intellectual and/or industrial property; it is neither responsible for their potential opposition to the public order, the public decency and/or the morality.
9. Cancellation and penalties
9.1 As far as the booking cancellation by the User is concerned, the herein GTCs and, in case they are more favourable for the User, the cancellation conditions provided for by the GTCs of the single Service Provider are applied.
9.2 The User cannot cancel the booking made by means of the Marketplace. Consequently, in the event the User is not to present himself for the booked service, or in case of cancelation, the amount given as the service fee will be legally kept by the Service Provider as a penalty. In the event the User hasn’t paid yet, or has paid only partially, he is obliged to pay the total amount of the booked service to the Service Provider as a penalty (without what has been potentially paid in advance). That amount will directly be charged on the User’s credit card by using the data provided at the moment of booking.
Garda Trentino has no part whatsoever to play in the transaction between the Users and the Service Provider after the release of their offers on the Marketplace, and it has no control or liability as far as quality, safety, legality of the published material are concerned as well.
12. Applicable law and Judicial Forum
The herein GTCs and the specific arrangements of the single Service Provider are governed in all respects by the Italian laws. Every conflict about the contract between the Service Provider and the User, in the event that the latter fills the role of the consumer, in accordance with the legislative decree n. 206/05 (Codice del Consumo), shall be brought and enforced in the courts of the residence forum, and irrevocably submits to such jurisdiction, which shall be exclusive, if located within the Italian country. Conversely, if the User is not a consumer, or does not live within the national borders despite being a consumer, the exclusive and irrevocable jurisdiction about these conflicts is the courts of Rovereto.