GENERAL TERMS AND CONDITIONS
1.1 The present general terms and conditions govern the sale of Tourist Services from MeetPiemonte through the website www.meetpiemonte.com.
2.1 In the present general terms and conditions, the following defined terms have the meanings indicated below, provided that the terms defined in the plural also apply in the singular and vice versa:
Business Day: means any day other than Saturday, Sunday or a public holiday in Italy;
Consumer Code: indicates the Italian legislative decree 6 September 2005 n. 206;
Customer: means a consumer in accordance with art. 3 Consumer Code who buys a Tourist Service from MeetPiemonte;
Tourist Service Description: indicates the information, on the Website or sent by e-mail from MeetPiemonte to the Customer, concerning the features, details and the price of the Tourist Service;
Force Majeure: means any event that (i) obstructs, delays or prevents a Party from performing any of its obligations, (ii) is beyond the reasonable control of that Party, (iii) is unpredictable, (iv) occurs without fault or negligence of the Party affected, (v) the affected party can not prevent despite using reasonable diligence;
GTCs: means the present General Terms and Conditions;
Intellectual Property Rights: means patents, utility models, designs, copyrights, trademarks or tradenames, the rights to topographies of semiconductor products, database rights, the rights contained in confidential information, including the know- how and trade secrets, moral rights or other similar rights in any country, whether or not registered, any applications to register any of the above rights and all rights relating to the filing of submission for the registration of any of the above rights, of MeetPiemonte;
MeetPiemonte: means the Cultural Association Meet Piemonte, with registered address in Nizza Monferrato (AT), Via Cordara n. 34, fiscal code 92066480051 and VAT number 01581580055;
Parties: means MeetPiemonte and the Customer jointly;
Party: means MeetPiemonte or the Customer, depending on the context,
Site: means the website www.meetpiemonte.com owned by MeetPiemonte;
Tourist Service: means the services regarding tourism sold by MeetPiemonte through the Site.
- EFFECTIVENESS AND AMENDMENTS OF THE GTCS
3.1 By purchasing the Tourist Service through the Site, the Customer accepts the GTCs.
3.2 The GTCs are binding upon the Parties and replace and supersede any other general terms or other forms of the Customer.
3.3 The GTCs apply for the duration of the presence on the Site of the Tourist Service.
3.4 MeetPiemonte reserves the right to modify at any time the GTCs. The GTCs applicable to the Tourist Service are those effective on the day and time in which the Customer placed the order for purchase on the Site.
- OBLIGATIONS OF MEETPIEMONTE
4.1 MeetPiemonte undertakes to perform the Tourist Service purchased by the Customer through the Site as described the Tourist Service Description.
4.2 MeetPiemonte also undertakes to promptly inform the Customer of any event that may affect the performance or features of the Tourist Service.
- TOURIST SERVICE FEATURES
5.1 The Customer acknowledges that the Tourist Service Description provides all the information necessary to evaluate and understand the Tourist Service such as, by way of example, destination, duration, date of commencement and conclusion, itinerary, visits, excursions or other services included in the Tourist Service, including the presence of escorts and tourist guides.
5.2 The Customer further acknowledges that the photos included in the Tourist Service Description are only for illustration purposes. Therefore MeetPiemonte invites the Customer to ask for more information by writing to email@example.com before buying the Tourist Service.
5.3 Any activity not specifically mentioned in the Tourist Service Description is not included in the Tourist Service and, therefore, the related costs and expenses are the sole responsibility of the Customer.
- RESERVATION OF THE TOURIST SERVICE
6.1 In case of availability of the chosen date/time, MeetPiemonte sends to the Customer a confirmation email.
6.2 In the event that the chosen date/time is not available, MeetPiemonte will propose to the Customer an alternative date/time. If the latter should not be the liking of the Customer, MeetPiemonte will refund to the Customer the price if already paid.
- OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMER
7.1 The Customer acknowledges that it is his sole responsibility to obtain information concerning the requirements to be met in the field of passport and visa, and health requirements, including the timing to get the relevant documents.
7.2 It is therefore the exclusive responsibility of the Customer to obtain, at its own expense, any identification documents, visas, residence permits or medical documentation necessary or useful for the use of the Tourist Service.
7.3 Failure to obtain such documents do not constitute Force Majeure on the side of the Customer.
7.4 The Customer is also responsible, but no obliged, to sign an insurance policy to cover any damage or expense which may be suffered or sustained in the use of the Tourist Service, following cancellation of the Tourist Service or for repatriation in case of accident or illness.
- PRICE AND PAYMENT
8.1 The price of the Tourist Service is shown in the Site and in the Tourist Service Description.
8.2 The Customer undertakes to pay the price of the Tourist Service in advance or at the moment of performance of the Tourist Service.
- REVISION OF THE PRICE
9.1 MeetPiemonte reserves the right to revise the price of the Tourist Service as a result of the change in the cost of providing the Tourist Service. The increase in costs must be properly evidenced.
- WITHDRAWAL OF THE PARTIES
10.1 In the event of Force Majeure, MeetPiemonte reserves the right to terminate the present agreement and not to perform the Tourist Service or to propose to the Customer an alternative date in which to perform the Tourist Service.
10.2 The Customer has the right to withdraw from the present agreement within 7 days as of the notice of price revision referred to in Clause 9 if the revision of the price results in an increase of the Tourist Service price for an amount exceeding 20%. In the event of exercise of the withdrawal, MeetPiemonte will refund the total price paid by the Customer.
10.3 In addition, the Customer has the right to withdraw, without reason, from the agreement by sending a written notification to MeetPiemonte under the following conditions:
(a) if the dates of the Tourist Service falls during the high season (May, June, September, October):
(i) within 30 days prior to the performance of the Tourist Service, without penalty;
(ii) between the twenty-ninth and the fifteenth day before the performance of the Tourist Service, by paying a penalty equal to 20% of the price;
(iii) between the fourteenth and the seventh day before the performance of the Tourist Service, by paying a penalty equal to 50% of the price;
(iv) between the sixth and the fourth day before the performance of the Tourist Service, by paying a penalty equal to 80% of the price;
(v) from the third day before the performance of the Tourist Service, by paying a penalty equal to 100% of the price;
(b) if the date of the Tourist Service falls in the low season (January, February, March, April, July, August, November, December):
(i) within 8 days before performance of the Tourist Service, without penalty;
(ii) between the seventh and the sixth day before the performance of the Tourist Service, by paying a penalty equal to 30% of the price;
(iii) between the fifth and the second day before the performance of the Tourist Service, by paying a penalty equal to 50% of the price;
(iv) from 24 hours prior to the performance of the Tourist Service, by paying a penalty equal to 100% of the price.
10.4 If the Tourist Service can not be performed for reasons attributable to the Customer, the Customer is not entitled to any refund and MeetPiemonte will have the right to ask the Customer compensation for damages.
- LIMITATION OF LIABILITY
11.1 MeetPiemonte is not responsible for any damage or breach which is attributable to the Customer or to a third party, or caused by Force Majeure.
11.2 MeetPiemonte is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of any content concerning the Site.
11.3 MeetPiemonte is not liable in relation to any issues or technical drawback of telephone network or lines, online computer systems, servers or providers, computer equipment, software, e-mail errors or software which affects the functionality of the Site.
- INTELLECTUAL PROPERTY
12.1 The Customer acknowledges that the Intellectual Property Rights are and will remain at all times property of MeetPiemonte.
12.2 Therefore, the Customer is not entitled to use, disclose or communicate the Intellectual Property Rights.
- PERSONAL DATA
13.1 MeetPiemonte guarantees to handle personal data in accordance with the Italian Legislative Decree 196/2003 including, by way of example, the provisions concerning procedures for storage and processing, recognition of the rights of the holders of the personal data.
13.2 The Customer authorizes MeetPiemonte, as manager the personal data processing, to process the data, including the right to transfer to third parties such personal data, for the purpose of providing the Tourist Service.
- NO APPLICABILITY THE WITHDRAWAL RIGHT PROVIDED UNDER THE CONSUMER CODE
14.1 The Customer acknowledges that, according to art. 59, first paragraph, let. n), Consumer Code, the withdrawal right set forth under art. 52 Consumer Code in respect of online contracts is not applicable.
- FORCE MAJEURE
15.1 If an event of Force Majeure occurs, the Party which is impeded to perform its obligation must inform the other Party within three (3) Business Days providing all possible and relevant details and will have to do all possible acts to immediately remedy the situation.
15.2 Neither Party will be liable for any breach of contract if the performance of the obligation is hindered or delayed or prevented by an event of Force Majeure communicated in accordance with the present Clause.
- FINAL PROVISIONS
16.1 The Tourist Service Description and the GTCs are the complete manifestation of all the understandings and agreements between the Parties in relation to its scope are the sole source of rights and obligations between them, superseding and canceling all prior agreements whether verbal, written and/or per facta concludentia.
16.2 Any amendment or addendum to the Tourist Service Description or the GTCs is not valid, effective and binding if it is not made in writing and signed by the Parties and in particular by the Party to whom the same is invoked.
16.3 Tolerance of a Party in case of any violation by the other Party of the obligations set forth in the GTCs will not be construed as a waiver of the right set forth in the violated provisions, nor to demand complete fulfillment of the obligation hypothetically violated.
16.4 If any provision of the GTCs were deemed invalid or unenforceable by a court or other competent authority, that provision will be deemed deleted from the GTCs and the remaining provisions of the GTCs will remain and will continue to remain in full force and effect.
- APPLICABLE LAW AND JURISDICTION
17.1 The Parties expressly agree that the GTCs are governed exclusively by the Italian law with expressed exclusion of the rules on private international law.
17.2 Any dispute regarding the validity, execution or termination of the Tourist Service and the GTCs are subject to Italian jurisdiction. The competent Court is identified in accordance with the provisions of the Consumer Code and the Code of Civil Procedure. If the Customer is a resident or domiciled outside of Italy, the Court of Asti is the exclusive competent court.
Ed. 2017 rev. 00