GENERAL TERMS AND CONDITIONS
The Portal www.inferrara.it (“Site”) hosts a technological platform (“Platform”), designed and developed by “Feratel Media Technologies” AG -6020 Innsbruck - Maria-Theresien-Straße 8" and managed by PO DELTA TOURISM Srl, with registered office in Comacchio (FE) Strada Statale 309 Romea no. 6 - VAT no.: 01956130387, and it allows to connect Providers (“Providers”) and “Users”, for the purpose of buying and selling online services of tourist nature (“MarketPlace”). On the MarketPlace, Providers may also offer and sell their services as well as enter into the relevant purchase contracts with Users.
On the MarketPlace, Users may therefore purchase services sold by both PO DELTA TOURISM Srl and Providers. It is always clearly indicated on the Portal whether the service is sold by PO DELTA TOURISM Srl or by a Provider. Where the latter is the case, PO DELTA TOURISM Srl, as a mere provider and technical manager of the Platform, is not a party to the sales contract between the User and the Provider, such contract being entered into exclusively between the Provider and the User under these General Terms and Conditions.
The General Terms and Conditions of each Provider are available in the file of each service and/or by clicking on the link in the purchase summary at each stage of the purchase process.
1. Definitions
Dinamica: DINAMICA SRL with registered office in Via Bologna 549, 44124 Ferrara VAT and Tax Code 01452040387 - R.E.A. Fe no. 171907 is the owner of the site: www.inferrara.it.
User(s): the natural or legal person who, through the site and the Marketplace, purchases or books Hospitality Products or Experiences from the Providers.
Marketplace: page on www.inferrara.it managed by Po Delta Tourism srl, which hosts the Platform;
Platform: technological platform designed and developed by “Feratel Media Technologies” whereby Providers promote and market Products;
Promoter or PDT: travel agency and promoter of the Network for the tourism promotion and marketing of the Ferrara area;
Provider: realtà turistica che commercializza Prodotti ricettivi e/o Esperienze del territorio ferrarese tramite il Profilo;
Site: www.inferrara.it;
PDT and Provider's Profile: Po Delta Tourism srl page where the software for marketing the Products is implemented;
Provider's Profile: Provider's page where the software for the promotion and sale of the Products is implemented;
Voucher: is the electronic communication confirming the purchase or reservation of the Product sent to the User and containing the summary of the sale and reservation conditions;
Cancellation policy: conditions of cancellation/termination of the purchase of the Product or of the reservation and any penalties payable by the User;
No Show: User's failure to arrive at the accommodation facility by the maximum check-in time on the day of the start of the journey or completion of the experience without prior cancellation under the Cancellation Policy accepted upon purchase or reservation;
Reservation/Order: the acceptance of the Product and Terms and Conditions that generates the sending of the Voucher by the Provider;
Experience or Non-Hospitality Product: an activity, good or service provided or organised by PDT or the Provider and sold through the Channel;
Hospitality Product: a hospitality service provided by accommodation facilities.
2. Subject
2.1 These General Terms and Conditions and any Special Additional Terms and Conditions established by the Provider govern the contract for the purchase or booking of a Product by the User using the Provider's Profile.
2.2 These Terms and Conditions are published on the Marketplace and the User shall accept them upon booking.
2.3 Dinamica is therefore extraneous to any contractual relationship agreed between the User and the Provider, the Marketplace is exclusively a Site area directly supplied by PDT and the Providers where the latter may independently sell their Products.
3. Booking and Purchase Methods
3.1 The User directly enters into a contract with the Provider for the purchase or reservation of the Product and of any additional services upon payment of a price or consideration in cash under the conditions agreed when the contract is entered into.
3.2 The Reservation or Order automatically generates the sending of the Voucher, which summarises information on the essential characteristics of the service booked, the start or departure times, the price, the cancellation and/or payment conditions, specific details concerning the Product as well as any guarantees required by the Provider.
3.3 When issuing the Voucher, the Supplier shall be directly bound to the User to provide the Product and the User shall be obliged to the Supplier in accordance with these General Terms and Conditions, the Cancellation Policy of the Supplier and the terms set out in the Voucher.
3.4 Should the User not find any information on the Voucher or on the conditions of purchase or booking contained therein, the User shall request this from the Provider.
4. Marketplace Functioning
4.1 The User is hereby informed and aware that the order in which the facilities and experiences bookable on the Marketplace are presented is random and does not follow indexing, classification or qualitative criteria, returning the result of the Product search, made by the User directly when querying the system, based on the following parameters: location, period, length of stay, number of accommodations requested, number of participants and any filter on the services requested.
4.2 The User in any case, acknowledges that that PDT has the right to modify the aforesaid parameters and establish rules of response to the search at its own discretion and according to the needs of the Network.
4.3 The User also acknowledges and agrees that Dinamica only makes available to PDT and Suppliers the area of the site used by them for the marketing of their products and is not, therefore, liable in any way and in any form for the contracts entered into through it.
5. Features of the Hospitality Product
5.1 The page concerning the Hospitality Product is managed directly and independently by the Provider.
5.2 The Information regarding the Hospitality Product the User intends to purchase shall be in the notes and details of the Offer (beginning and end of the stay, number of guests, quantity and type of room, etc.) made available by the Provider to the User before acceptance of the same.
5.3 The facility page contains its own presentation, category, structural features, location, indication of additional services, and images (photos/videos/audio-videos) that the Provider enters independently.
5.4 The Provider is solely and directly responsible to the User for what concerns clarity, completeness, truthfulness and updating of the information both published online and provided during booking and confirmation.
6. Features of the Non-Hospitality Product
6.1 The page concerning the Product/Experience is managed directly and independently by PDT o the Provider.
6.2 The Information about the Product searched by the User is contained in the notes and details of the Offer (start time of the Experience, meeting or departure location, mode of performance, indicative duration, any Reference persons present on site, etc.) made available by the Provider to the User before acceptance of the same.
6.3 The page concerning the Experience contains the Experience's presentation, timing, modalities and characteristics, any specific indications and any other useful information for the User.
6.4 The Provider is solely and directly responsible to the User for what concerns clarity, completeness, truthfulness and updating of the special conditions and information both published online and provided during booking and confirmation.
6.5 This is without prejudice to the Provider's right to entrust the performance of the Product to a different party who will play the role of sub-provider. In any case, the Provider shall remain solely and exclusively responsible to the User for the correct and timely execution of the contract and for any damages that may result from failures or deficiencies suffered by the latter.
7. User's Rights and Obligations
7.1 The User is entitled to use the booked Hospitality Product and Experience, purchased at the cost and in the manner set forth in the Voucher.
7.2 The User is responsible for the truthfulness and correspondence of the information provided during the booking and on the basis of which the Provider has formulated the offer, information which is stated in the Voucher.
7.3 Payment for the Product shall be made in accordance with the agreed terms and timing. 7.4 The User shall behave properly and comply with the policies set by the Provider and related to the use and enjoyment of the Product.
8. Provider's Rights and Obligations
8.1 The Provider shall be entitled to payment of the price agreed and the deposit when established.
8.2 The Provider shall also be entitled to verify the truthfulness and correctness of the information provided by the User and to charge a higher cost of the Product to the User in the event of any significant discrepancies from what was declared at the time of booking.
8.3 The Provider shall ensure the knowability and transparency of its policies including, for example, regarding the admission of animals.
9. Payment and Credit Card Details
9.1 Payment for the Product shall be governed by the Terms and Conditions set forth by the Provider at the time of the offer and on its Profile.
9.2 The Provider may require the User to provide credit card details both as a form of guarantee and to proceed to charge the price, when agreed between the parties.
9.3 The Provider guarantees that such transactions shall be performed through secure connections and protocols, according to the rule of law.
9.4 The User providing the credit card details accepts and authorises the Provider to carry out the transactions set forth in the contract and these General Terms and Conditions.
9.5 The Provider shall have a right of retention on things belonging to the User in case of non-payment or late payment of the Product by the latter.
10. Deposit
10.1 The Provider shall be entitled to require as a form of security for the Order, a deposit or down payment against the Product purchased or reserved.
10.2 The User agrees that the deposit, when paid, shall be charged as a down payment on the price balance or, in the event of its non-fulfilment shall be retained by the Provider in accordance with the provisions of Article 11 below and any Special Additional Terms.
10.3 Should the Provider require the payment of a deposit at the time of the reservation, this shall be binding on the Provider only upon receipt of the money.
11. Cancellation, Penalties and "No Show"
11.1 As regards cancellation of the reservation by the User, these General Terms and Conditions and the Provider's Additional Terms and Conditions shall apply.
11.2 The User who intends to cancel a reservation shall give written notice (in the manner specified in the Voucher) directly to the Provider.
11.3 Should the cancellation be made within the terms established in the reservation, the User shall be entitled to a refund of any deposit paid.
11.4 The refund shall be made by bank transfer within 30 days of the cancellation or the date of actual bank credit to the Provider's account.
11.5 Should the cancellation occur after the deadline or not occur at all or should the User not arrive at the Hospitality Product (so-called “No Show”), the Provider may charge the following penalties:
- 0% of the cost of the Product for bookings cancelled 21 (twenty-one) days before the arrival date;
- 50% of the cost of the Product for bookings cancelled between 20 (twenty) and 7 (seven) days before the arrival date;
- 75% of the cost of the Product for bookings cancelled between 6 (six) and 1 (one) days before the arrival date;
- 100% of the cost of the Product for bookings cancelled between 0 (zero) day and “No Show”;
In case of non-Hospitality Product, the User shall only receive a refund for the experience already purchased if the cancellation is made within 24 hours prior to the starting time of the Product.
11.6 The Provider shall retain the sum of money paid as a deposit or withdraw the sum as a penalty using the credit card details provided by the User, after informing the latter of the intention to proceed with the collection.
11.7 A “No Show” shall be understood to be the case where the User does not show up at the booked accommodation by the maximum check-in time on the appointed day or by the start time of the experience indicated on the Voucher, unless otherwise agreed.
11.8 Any changes requested by the User with respect to what was agreed at the time of purchase or booking shall be agreed directly with the Provider, notwithstanding the Provider's right to rely on the provisions of this Article where applicable.
12. Unforeseeable circumstances and Force Majeure
12.1 The sending of the Voucher shall constitute the conclusion of the contract and the binding effect between the parties, except in the event of unforeseeable circumstances or force majeure that prevent the Supplier from supplying the Product or Experience. In such cases, any deposit paid shall be returned by the Provider in the same manner as provided for in the preceding Article.
12.2 Should, on the contrary, the Product or Experience not be available or not be carried out as foreseen by the contract for reasons attributable to the Provider, the latter shall be obliged, in the case of a hospitality product, to “re-accommodate” the User in an accommodation of the same or a higher category; in the case of a non-hospitality product, it shall offer the User an equivalent Experience as an alternative, paying any additional costs.
12.3 Should the Product's specific characteristics not make it possible to proceed as above or should the User decide to reject the alternatives proposed, the Provider shall be obliged to return the deposit or down payment requested at the time of booking, notwithstanding any compensation for damages claimed by the client.
13. Governing Law and Jurisdiction
13.1 These General terms and conditions and the particular Terms and Conditions of the individual Provider shall be governed by Italian law and the Italian Civil Code.
13.2 For any dispute arising from the interpretation, application and execution of the contract, it is agreed that the Court of Ferrara shall have exclusive jurisdiction, excluding only those cases where Users qualifies as a Consumers and, therefore, the Court where they reside or have their domicile shall have territorial jurisdiction.