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Travyu terms and conditions and privacy

TERMS OF SALE, GENERAL TERMS AND PRIVACY OF TRAVU.CO.UK

Tramontana srl in the person of the legal representative Simone Stortoni with registered office in Piazzale Anna Ciabotti 8 – 60035 (P.Iva 02906330424), is registered with the C.C.I.A.A. of Ancona, Rea nr.: AN- 278016 , PEC: tramontanaweb@pec.it , hereinafter commercially referred to as “Travyu” is a company promotes and sells individual tourist services and experiences on the national territory, as an intermediary.

PART 1. TERMS OF SALE FOR TOURS, ACTIVITIES AND INDIVIDUAL EXPERIENCES

Travyu advertises and promotes the offers of events, cultural and leisure services provided by its selected Partners (hereinafter also referred to as “providers”) (e.g. theaters, museums, artisans, licensed tour guides, associations, cooperatives, Travel Agents, Tour Operators, Incoming Operators, etc.) to consumers who will be able to proceed to the booking and purchasing stage of the chosen services through the multilingual web platform www.travyu.com and its related sites.

These General Terms and Conditions govern the use of our multilingual web platform and related sites by consumers (hereinafter also referred to as “users,” “registered users,” “visitors,” or “end customers”), defining their respective rights and obligations and regulating the relationship between web platform consumers who book an offer and the partners who offer and provide it.

We recommend that you carefully review the contents of these General Terms and Conditions, as they apply to all our services made available online, by e-mail, or by other remote means of communication.
These terms of service and use of the web platform and related sites shall be accepted without exception and/or modification and/or supplementation by the registered user and the purchaser and/or third party beneficiary(ies) of the service purchased on Travyu and related sites. Any amendments to these General Terms and Conditions will be publicized by posting them on the web platform and related sites and will be valid only for contracts concluded after their entry into force, unless they are changes to the platform due to technological upgrading.

1. DESCRIPTION AND PURPOSE OF SERVICE

Travyu by means of its web platform travyu.com and related sites allows Partners providers of events, cultural and leisure services in the national territory, selected and duly bound by appropriate contract with Travyu, to promote and advertise their offers to the visitors of the web platform and related sites and to make the relevant reservations by the latter.
By registering to the web platform and related sites, it will be possible to access a range of information related to the services offered by local Partners whose identifying information (name) will also be provided.
With the booking by the Visitor/Final Customer, a direct contractual relationship (binding in legal terms) will be established between them and the Partner offering the offer.
The Visitor/Final Customer is made aware that, from the moment of access to the web platform and related sites Travyu will, regardless of the outcome of the transaction, perform exclusively the activity of intermediary between the Visitor/Final Customer and the Provider, transmitting to the latter of relevance the details of the reservation and sending to the Visitor/Final Customer, via e-mail, confirmation for and on behalf of the Partner.
Travyu assumes the role of promoter and advertiser of services between the Visitor/End User and the Partner and assumes no further obligations. Travyu is not a contracting party in said legal relationship between Partners and End Customers, nor does it recommend, favor or endorse any offer, in terms of quality, service level or reliability, limiting itself exclusively to the activity of making available to the Consumer offers of events, cultural and leisure services in the national territory.
In carrying out its promotional work, Travyu will disclose data made available by Partners containing details of services; for such data the Partners are solely responsible at all times as to their accuracy, completeness, correctness, and lawfulness of content, including rates and availability displayed on the Travyu website and related sites. To this end, each Partner expressly undertakes, under its full and sole responsibility, to provide updates in a timely manner in the event of any change in the data previously communicated to Travyu. Similarly, Travyu shall not be held liable for any errors (including manifest and typing errors), interruption of service that is due to failure (temporary and/or partial), repair, upgrade or maintenance of the website or otherwise, for inaccurate, misleading or false information or their failure to deliver.
All Partners are, therefore, given access to an extranet (back office or restricted area), for which they are fully responsible with regard to updating rates, availability and other information displayed on the Travyu web platform and related sites.
The services offered through Travyu are available to Consumers for personal and non-commercial use only. Therefore, you may not resell, use, copy, deep-link, monitor (e.g. using spiders, scrape), display, download, or reproduce any content or information, software, product, or service available on Travyu’s web platform and related sites for any kind of activity having a commercial or competitive purpose, except for entities duly and formally authorized by Travyu. The Visitor/End User is informed that the listings posted on Travyu’s web platform and related sites are subject to the Partner’s discipline in terms of service mode, availability, timing and policy of changes, cancellations and refunds as duly published in the Provider’s activity sheet.

2. AGE OF MAJORITY REQUIREMENT

The services offered on the web platform of Travyu and related sites are not intended for minors under the age of 18, but for adults of legal capacity required to book the offers, thus fully accepting the contents of these General Terms and Conditions as well as the specific conditions of the individual offer duly published on the web platform of Travyu and related sites.
The Visitor/End User who intends to use the services of Travyu, therefore, DECLARES that he/she is of legal age (i.e., at least 18 years of age) and has the necessary legal capacity to book the offers, thereby fully accepting the contents of these General Conditions.

3. PRODUCT VALIDITY, CHANGES AND AMENDMENTS

All services offered through www.travyu.com are valid for the dates displayed within its multilingual web platform and related sites when booking them. Any changes in event booking dates may be independently modified by the Visitor/End User within his or her reserved area, according to the modalities, timing, availability and modification/cancellation policy indicated by the Partner in its service sheet. For any other needs, inquiries should reach Travyu’s Customer Care team at info@travyu.com. Travyu does not charge extra for changing the date of an existing reservation. Travyu does not guarantee successful completion of the date change request and/or any service changes. If you make a service purchase using a Travyu promotion code, or if you purchase a service on offer at the time of purchase, if you request a service change, the above discount or offer may be canceled.

4. RESERVATION AND PAYMENT PROCEDURE

The web platform of Travyu and related sites allows the Visitor/End User to view the services offered without the requirement to register at www.travyu.com. Services, will be described in detail in the individual offers posted on the Travyu web platform, within which the essential features of the services themselves and their price will be explained.
In case the Visitor/End User is interested in booking a service available in the web platform and related sites and would like to know the identifying elements of the local Provider, he/she will have to compulsorily register on the website www.travyu.com, create an account, giving express consent to the Privacy as recalled and expressly accept these General Terms and Conditions.
The Visitor/End User shall provide true, correct, complete and up-to-date data and information. The biographical data and email must also correspond only to one’s own personal data and not that of a third person. This is the necessary requirement for the use of the services promoted by Travyu and for the proper performance of the activity by Travyu.
Travyu reserves the right not to accept purchase orders/reservations and especially if not properly filled out.
The Visitor/End User who registers on the web platform and related sites is responsible for the confidentiality and use of his or her site access password and account. You are also responsible for all activities that occur in connection with your account and must notify Travyu immediately of any unauthorized use of your account, even alleged use.
Travyu reserves the unconditional right to close/suspend any password or account of the user himself/herself and to inhibit his/her new access to the web platform and related sites, without prejudice to the right to compensation for damages, if any unlawful conduct is engaged in, contrary to the principles of fairness and good faith and likely to cause pecuniary and non-pecuniary damage to Travyu and/or third parties.
It should be noted that when booking, the availability of the services offered by the Supplier, both in terms of quantity and timing, are managed by the Supplier according to a quota/schedule administered by the Supplier, which is the sole responsibility of the Supplier.
The reservation is concluded with the payment of the total price of the offer through an online system (on the stripe circuit or via bank transfer) using our web platform. The amount paid by the Visitor/Final Customer will be credited to Travyu, which will collect it in the name, account and representation of the Partner holding the offer or the authorized travel agency.
Documentation proving the successful completion of electronic payment, will be emailed by Travyu to the Visitor/Final Customer. The tax receipt or invoice (or other document) if explicitly requested, will be issued directly by the Provider or authorized travel agency to the Visitor/End User after the service is provided. Travyu is not responsible for the above-mentioned tax documentation to which the Supplier is required by law.
Upon successful payment, Travyu, in real time will email confirmation of the reservation/purchase and COUPON including all references of the purchased service as well as the C.P.U. (unique reservation code) as a unique alphanumeric code that accurately identifies the reservation and the parties involved.
The coupon, printed or from the cell phone must be handed to the Booking Provider before the service starts. For security reasons, a valid photo ID may be required when presenting the Travyu coupon. Travyu communicates to Partners the master and contact details of the Visitor/Final Customer. In the event of damage caused by the Visitor/End User to the Partner’s vehicles, facilities, furniture and furnishings, or anything else, the Visitor/End User will be required to make good the damage created or the insurance deductible, if any.
In real time Travyu will notify the relevant Partner of the intervening sale. In addition, in the reserved section of the web platform of Travyu and related sites, the Visitor/End User will be able, at any time, to view the details of the reservations made and, if necessary, activate the cancellation/modification of the same, as provided for in point 6 below.

5. CANCELLATIONS

All cancellations, by the Visitor/Final Customer, must be conducted on the reservation web platform www.travyu.com in the reserved section, according to the provisions below, specifying that cancellations occurring outside the platform are not considered valid.
The purchase of all services promoted by the multilingual web platform Travyu and sites linked to it, being expressly provided for each service a specific date or period of execution, Travyu for the practice of reimbursement will apply in each case a penalty equal to 20% of the price of the service paid by the Visitor/End User by way of administrative, banking and management fees.
It should be noted that, cancellation and refund policies are defined by each Partner and are clearly and detailed in the activity sheets that house their offerings. The Partner, on its own behalf, may charge an additional penalty in accordance with its cancellation and no-show policies. We advise the client to read these regulations carefully. No cancellations or changes are allowed for some rates or special offers.
The Consumer is hereby notified that in the event that the Supplier, fails to comply with the contents of its activity sheet about the cancellation and refund policies prepared and declared by it, Travyu, after making the appropriate refund reminders to the defaulting Supplier, will itself refund the amount due to the Visitor/End User within 30 working days of the Supplier’s default, subject to Travyu’s subsequent right of recourse against the Supplier concerned.
The following rules apply to the counting of days:
– The day scheduled for the activity is not counted;
– Days begin at 00:00 and end at 24:00 according to the current time zone in Italy (GMT +1).
If, prior to the performance of the purchased service, for any reason, the credit card payment is revoked or is not honored, this will be considered as a cancellation of the reservation and the relevant cancellation fees will apply. In the above cases, Travyu reserves the right to make additional claims.
Partners, service providers of Travyu may: a) cancel the activity without compliance with the terms of cancellation if weather conditions, governmental, socio-political actions, unforeseeable actions or unavoidable external circumstances may make the performance of the activity impossible or significantly more complex causing possible dangerous situations for the Visitors/Final Customers. This will be done to the exclusion of any compensation for damages or other claims by the Visitor/End User; (b) refuse admission or exclude from an activity the Visitor/End User and/or other group members if eligibility requirements are not met, or if the participation of the Visitor/End User or that of other group members jeopardizes, or interferes, in the judgment of the provider, with the proper conduct of the activities; (c) may make minor changes if deemed necessary, including due to unforeseeable and/or unpreventable circumstances.
The above, subject to the commercial policies and conditions of the Partners concerned, which are made explicit in their own activity sheet to which Travyu refers in full, inviting the Consumer to read them carefully before making the purchase.

6. CORRESPONDENCE WITH THE USER

The Visitor/Final Customer by making a reservation on Travyu’s multilingual web platform and related sites will consent to receive the following communications: (A) an e-mail confirming the booking and Coupon containing the service purchased; (B) an e-mail alerting the Visitor/Final Customer, in good time, of the approach of the event to be enjoyed, with any additional useful information and suggestions; (C) an e-mail following the performance by the Partner, with an invitation to rate the same and possibly share the amateur photos/videos taken during the experience by giving appropriate authorization and release to the processing of personal data. To this end, the Visitor/End User is invited to take cognizance of the privacy policy posted at the end of these General Terms and Conditions and on the Travyu web platform and the related FAQs.

7. CUSTOMER SERVICE

Travyu, provides the email addresses info@travyu.com, a special customer service (multilingual) for any information, requests and/or support in the pre-sale phase of the offers. For after-sales service, directions will be provided within the Coupon or through subsequent communications. You can also contact Travyu by phone at +39 351 6384050 (mobile), specifying that the charges will be those applied by your telephone operator.

8. PRICE GUARANTEE

Prices are set by the Provider and displayed on Travyu’s multilingual web platform and related sites are per person, unless otherwise specified. Said prices are in currency (€) Euro, any conversion of the price to different currencies is done automatically and does not correspond to the rate charged to the user’s credit card, which may vary depending on the different exchange rate applied by the credit card provider and any fees charged for the exchange service. Until the reservation has been confirmed, price and quotations may be subject to change without notice.
All rates posted on the Travyu multilingual web platform and related sites are for the entire offer and include VAT, unless otherwise stated on the site or on the confirmation e-mail. Prices do not include tips/tips to tour guides, drivers, or local guides; miscellaneous tourist taxes; personal insurance and baggage insurance; any items of a personal nature; and any drinks or food and any other items not specifically mentioned in the offer advertised on Travyu’s web platform pages and related sites.
Within the Travyu web platform and related sites, cheaper rates may be posted for a given offer. On this point, it should be noted that the aforementioned rates, stablite by the Partners, may involve restrictions and special conditions. Reason why, before making a reservation, it is necessary to carefully check for such conditions in the details regarding the offer and rates even in case of special promotions/last minute offers.
Therefore, the Consumer is urged to carefully review the price conditions before purchasing.

9. COPYRIGHT AND TRADEMARKS

In accordance with the provisions of Law no. 633/1941 as amended and/or supplemented, it is hereby clarified that the materials, content, information, trademarks, logos, and data all (in print and digital format) related to the promotion service offered by the multilingual web platform Travyu and related sites, by virtue of the relationship referred to in these General Terms and Conditions, are the exclusive property of Travyu including all related and annexed rights arising from the same (copyright and intellectual property), without exception. The Visitor/End User, by accessing and registering to the Travyu multilingual web platform and related sites, expressly agrees to this point and declares to be aware of the consequences in case of violation.
For the foregoing, it is reiterated that any content on the multilingual web platform www.travyu.com and related sites are copyrighted (Copyright © 2023 Travyu All Rights Reserved). “Travyu” and the related logo are all registered trademarks of Travyu.

10. LIMITATION OF USE TO PERSONAL AND NON-COMMERCIAL PURPOSES

Travyu authorizes the Visitor to use the content of its web platform and related sites for personal and non-commercial purposes only. The content and information on this web platform and related sites (including but not limited to prices, descriptions, and availability of recreational and cultural events and services), as well as the infrastructure used and the services attached and related to provide such content and information, is the exclusive property of Travyu. The Visitor/End User obligates himself/herself, as a condition of using this web platform and related sites, to make exclusively personal and non-commercial use, either directly or indirectly, of this web platform and related sites, its content, and the information it contains. The Visitor/End User also agrees not to modify the content; any video or printed images of the content of the web platform and related sites which must always contain the statement “Copyright © 2015 Travyu – All Rights Reserved”; not to be able to delete or modify any copyright or intellectual property rights reservation notices included in the content of the web platform and related sites of Travyu; and not to reproduce, distribute or make public the content of the web platform and related sites of Travyu, or excerpts thereof, except as provided in these General Terms and Conditions. Unless otherwise provided, the reproduction, transmission, printing, publication and distribution of the content of Travyu’s web platform and related sites or any part thereof is strictly prohibited if done without the prior permission of Travyu. Authorization in writing should be requested directly to: info@travyu.com. The Visitor/End User explicitly agrees to hold Travyu harmless from any liability, to any party, arising from his or her use of the web platform and linked sites not in accordance with these General Terms and Conditions. The Visitor/End User declares that he/she is at least eighteen years of age and is legally capable of entering into this agreement and using this web platform and related sites in full compliance with these Terms and Conditions.

11. LIMITATION OF LIABILITY

Travyu as a mere promoter and advertiser of services between the Visitor/Final Customer and the Partner is not a contracting party between the Partner and the final customers, therefore it is the responsibility of the Partner for the correct information and execution of the purchased services, it being understood that whenever it is required by law, Travyu will make use of the technical assistance of an authorized travel agency and provided with appropriate liability insurance in favor of the consumer for damages resulting from the non-performance or inexact performance of the services that are the subject of the purchased service. The full details of the travel agency, including any details where the travel agency is a participant in a business network agreement with Travyu, are highlighted in the footer of www.travyu.com and in the Supplier’s activity sheet containing the chosen service offering.
In no event also shall Travyu be liable for any of the following damages or losses (whether such damages, where foreseen, foreseeable, known, or otherwise): (a) Loss of data; (b) loss of expected revenue or profit; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or damage to reputation; (f) losses incurred by third parties; (g) any consequential indirect, special, or exemplary damages resulting from the use of the Travyu multilingual web platform and related sites regardless of its manner. Travyu, in organizing the various activities, experiences and services is not responsible for coinciding with the itineraries of individual clients; it is not responsible for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to default on the part of any entity, carrier or other company or person providing services included in the services purchased through its web platform and related sites. In addition, Travyu shall in no way be held responsible for any illness, theft, labor disputes, machine breakdowns, governmental turmoil, acts of war and/or terrorism, weather conditions, defect of a transportation vehicle or for any misfortune or chance or any other causes beyond their control. Travyu’s services, including the information, names, images, logos, prices, dates, and availability of services promoted by Travyu are provided “AS IS” and “AS AVAILABLE,” both of which are indicated by the Provider concerned, without any liability or any kind of warranty offered (explicit or implied by law) by Travyu.

12. LINKS TO OTHER SITES

The Travyu Multilingual Web Platform and related sites contains or may contain links (links) to sites of third parties to Travyu. Since these sites are not under the direct control of Travyu, they do not result in Travyu having any responsibility for the content therein. Travyu provides these links (links) for convenience, and a link in no way implies endorsement, sponsorship, or affiliation with the linked site. The linked sites are owned and operated by independent vendors or service providers and therefore Travyu cannot assure anything about their services or business methods deployed therein.

13. PRIVATE MESSAGES, REVIEWS, AND PHOTO AND VIDEO SHARING.

Travyu’s multilingual web platform and related sites enables its Visitors/End Customers to: (A) post or send material or reviews of their own experiences of using the services offered; (B) to send reservation/forecast requests to Travyu for services not listed on the site, via email or appropriate form, for both individuals and groups.
Specifically, regarding any reviews, photos, and videos, the Visitor/End User after using a service through Travyu will receive an invitation to provide a review about the Provider they met and share amateur photos/videos representative of the events they experienced. Travyu informs that when the Visitor/End User provides a review and/or when he/she shares a photo or amateur video of him/herself, he/she agrees that these will be displayed, for example: on the relevant Provider’s page on the web platform, on our app., on our accounts, on social media, on the Provider’s website or on the website of one of our affiliated partners, in order to inform other service users about the quality of the experience they have had.
By posting reviews, photos and videos on the multilingual web platform www.travyu.com and related sites, the Visitor/End User expressly and unconditionally agrees to: (A) to assign and make usable free of charge any rights arising from the use of their reviews, photos and videos (Law No. 633/1941) with express release in favor of Travyu from any consequence and/or damage, even if only of image, related to the legitimate use of the granted material. Said reviews, photos, and videos may be freely read, published, translated, and distributed by any means and in any form, including third-party advertising and promotional activities for which permission is provided in advance by the Visitor/End User to Travyu.
The Visitor/Final Customer agrees to make true and truthful statements. Reviews that are inaccurate, irrelevant, or contain illegal or offensive content will be omitted and removed, subject to reporting to legal authorities if it is required by law. Travyu expressly reserves the right to delete such reviews without giving further reasons. Travyu also reserves the right to exclude the Visitor/End User from further use of the Travyu Multilingual Web Platform and related sites and to delete their account. In case of offensive, defamatory, and unlawful reviews, Travyu and any affected Partners reserve the right to further legal action.
The Visitor/End User agrees not to publish or distribute any content or material or data covered by Copyright or other protected right, without the express consent of the owner of such right, and at the same time agrees in advance to hold Travyu harmless from any legal action arising from infringement to the aforementioned rights.
Regarding any private messages, Travyu provides this type of service by offering the Visitor/End User the opportunity to send a message, via the web platform. It is absolutely forbidden to write offensive messages, considered illegal or otherwise prohibited by the web platform and the Law. Travyu on the point reserves the right to change the content of said messages at any time, making them harmless and lawful, at its sole discretion, in cases where it may occur. In the most serious cases, the same reserves the right to completely remove the content of the message and conduct investigations and take appropriate legal action against those who violate these provisions.
The following shall be considered unlawful and not in accordance with the provisions of these General Terms and Conditions: messages from the Visitor/End User that are blatantly offensive to the community; that are discriminatory; that promote racism, bigotry, hatred, or even physical violence against any group or individual; that harass or exhort harassment of any person; that involve the transmission of advertising correspondence, cd. Chains of S. Anthony, unsolicited mail, or “spamming”; that are of insulting or defamatory content; that contain information that the user knows to be false, misleading, or promote illegal activities or abusive, threatening, or obscene conduct; that promote or contain illegal and unauthorized copying of other people’s work protected by Copyright or other protected right; that contain pages whose access is restricted or possible only through the use of passwords, or contain hidden pages or images (those not linked to or accessible from another page); that provide instructions on unlawful activities such as, for example, the illegal manufacture or marketing of weapons, the violation of other people’s right to privacy, or the creation of computer viruses; that constitute or encourage conduct likely to be characterized as criminal, or give rise to civil liability, or otherwise contrary to law; that infringe on the rights of any other person in any country in the world; that constitute engaging in commercial activity and/or sales without our prior written consent such as contests, sweepstakes, exchanges, advertising, and pyramid sales.

13. SUSPENSION AND/OR MODIFICATION AND/OR TERMINATION OF THE SALE ON THE SITE

Travyu reserves the right at any time to suspend, modify or terminate the service rendered on the multilingual web platform and related sites. Travyu shall in no way be held liable to the Visitor/End User or any third party for such suspension, modification or termination, without prejudice to contracts already concluded and Coupons already issued as of the date of termination or suspension of service.

14. MISCELLANEOUS

The terms and conditions, as well as the provision of the services offered by the Travyu multilingual web platform and related sites, are governed and regulated according to Italian law and any disputes shall be referred exclusively to the Courts of Italian jurisdiction. The original Italian language text of these Terms, as well as other documentation on the platform, will be translated into other languages. In case of disputes or inconsistencies or discrepancies between the Italian text and the translations into the other languages of these Terms and Conditions, as well as other documentation on the platform, the Italian text will prevail and will be the conclusive version. In the event that any of the clauses of these Conditions, as well as other documentation on the platform, is invalid, loses validity, is or becomes non-binding, the remaining clauses set forth herein shall be unaffected.

15. CHANGES

Travyu may change, supplement, or delete these General Terms and Conditions, as well as other documentation on the web platform and related sites, or any part thereof at any time and with the utmost discretion if it deems this necessary for legal or technical reasons, or even as a result of changes in the services offered and the layout of the Travyu web platform and related sites. To this end, Travyu will notify interested parties with appropriate notice of such changes, acceptance of which will be requested in the legal forms.

16. APPLICABLE LAW AND PLACE OF JURISDICTION

The contract is governed by Italian law. For any disputes that may arise with reference to the interpretation, execution and termination of this relationship, the parties acknowledge the exclusive jurisdiction of the Court of Ancona, subject to the legal provisions regarding the consumer forum set forth in the Italian Consumer Code (Legislative Decree 206 of 2005).

Changes

This policy may be subject to change. In case of substantial changes, the user will be notified.
Last updated: January 12, 2023

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