Terms of service and use of the site

Terms of service and use of the site

  1. Introduction
    ItalyeXPerience s.r.l., hereinafter - ItalyXP, is a company which operates in the field of preparation and marketing of tourism services accessories, such as excursions, guided tours, private tours, tastings, etc. It performs its business primarily through the internet, and is the owner of the multilingual website www.italyxp.com and sites connected to it. It is registered in the commercial register of Ragusa at no. 01527710881, and its registered office in Comiso (RG), Via Matteotti. 22-97013. These terms and conditions of service and use of the site must be accepted in their entirety and without exception by the user and registered by the purchaser and/or third party/ the recipients of the service / product purchased on ItalyXP.
  2. Terms of use
    The user declares to be a natural person (consumer) and to be of age. In order to use some functions of the site an account must be created and personal information provided. The user must provide true and accurate and complete data and an e-mail that corresponds exclusively to his/her personal data and not that of a third party. The supplying of true and accurate data, including personal contact information, is a necessary requirement for the use of the goods and services offered by ItalyXP and for the proper performance of the latter. The user who enters the site is responsible for the confidentiality and use of his/her password to access the site and your account. You are also responsible for all activities that occur in connection with your account and shall notify ItalyXP immediately of any unauthorized use of your account, even alleged. The account is for personal use only and not commercial. ItalyXP reserves the unconditional right to terminate or suspend any user's password or account and deny new access to the site, subject to the right to compensate for damages, if it is put in any conduct contrary to the principles of fairness and good faith and capable of causing damage to property or not. ItalyXP may change these Terms of Service at any time by posting changes online. The registered user may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the content from ItalyXP.com (including text, images, URLs, pricing information, etc.) in any way except to use the services provided by ItalyXP. Your use of the site ItalyXP.com is intended for personal and non-commercial use and/or to make legitimate requests to book the products, services, or goods offered. You must agree to not use this site to make any speculative, false, or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically authorized by ItalyXP. You represent, undertake and warrant that you (a) have not been previously suspended from ItalyXP or otherwise banned from the site, (b) are not to be a direct competitor of ItalyXP, (c) do not to have more than one account in ItalyXP at any given time, and (d), that you have full power and authority to accept these Terms of Service and in doing so will not violate any other agreement or contact which you have undersigned or complied with. In any case, the user is banned to post or transmit through the website and mobile application illegal content or violates the rights of others or are offensive, defamatory, invasive of privacy or vulgar content, obscene, or in any case objectionable, inciting to conduct a criminal offense, or which may generate a civil responsibility, or that violates any law, or which contain advertising or solicitation concerning to products and services. It is also forbidden for the user, regarding the use of the website (i) to restrict or inhibit another user over the use of the website (ii) display and implement stress of a commercial, religious, political or of any kind, including which, by way of example and without limitation, the invitation, even indirectly, to prefer other services on line or off line, or services which could compete with those offered by ItalyXP.
  3. Object of the contract
    ItalyXP sells and the buyer buys the products, goods, or services selected and booked by the purchaser through the website ItalyXP.com. ItalyXP offers their goods, services and products to buyers exclusively in the Italian territory, of any nationality and residence, who request them. The registered user can place an order for purchase of the product, good, or service from ItalyXP on the site in accordance with the purchase procedure contained therein. ItalyXP reserves the right not to accept purchase orders and incomplete or not properly completed bookings. The goods and services offered on this site can be of two types: 1) "Availability Certain" 2) "Confirm Availability". In the case of certain available services, availability will be confirmed to you by ItalyXP through e-mail within a few hours, and the corresponding amount will be charged to the credit card of the customer. In the case of services with "Confirm Availability" noted, once it is booked by the user, the availability of service will be confirmed by ItalyXP via e-mail by 24:00 pm (Italian time) the day following the reservation. Vouchers and features of the service / good / product : Once successfully completing the purchase process, you will receive an ItalyXP voucher customized for each tour, event or service booked. In order to access and print your ItalyXP voucher, you will be given access to a secure webpage hosted on ItalyXP servers which will contain a link to your ItalyXP Voucher. The buyer will necessarily have to present the ItalyXP Voucher for the purchased service, to the third supplier/partners of ItalyXP which directly provides the service itself. The ItalyXP voucher should be printed on paper or displayed on a Tablet or Smartphone. The booking cannot be convalidated without the presentation of a valid ItalyXP Voucher. For safety reasons, at the time of presentation of the ItalyXP Voucher, you may need to present a valid photo ID and sign the ItalyXP Voucher. In case of damage caused by the customer to transportion, structure, furniture and/or furnishings of the partner or supplier of the service, ItalyXP will provide the partner or service provider references and personal customer contact information if necessary to make good the damage created. Services, goods and products will be described in detail in individual bids published on the ItalyXP website, where you will learn the essential characteristics of the products and their prices.
  4. Prices
    The prices listed on ItalyXP.com are per person, unless otherwise specified. The prices in Euro are present on ItalyXP.com; the possible conversion of the price in different currencies is done automatically and does not correspond to the rate charged on the credit card user may vary according to the different exchange rate charged by the credit card, and any commission fees for the exchange service. Price quotations may be subject to change without notice, until a booking has been confirmed. Prices do not include tips/gratuities to guides, drivers or local guides; commissions for the issue of passports and visas, personal insurance and luggage insurance, any items of a personal nature, or any food or beverages not specifically listed under "inclusions" on the product pages of ItalyXP.com.
  5. Payment
    Payment by credit card is required to make a reservation and purchase the goods/service/product you choose. The amount will be charged on your credit card at the time of booking. In the case of non-acceptance of the booking by ItalyXP, or if the booking is not confirmed, the amount charged will be credited back. To provide payment, the user must proceed to activate the procedures for payment on the ItalyXP website directly with the manager of the credit card. This activation will be done through user acceptance of the conditions of service of such operators resulting in their authorization to make payments in accordance with the instructions given and in accordance with any costs of the credit card itself.
  6. Cancellations and Refunds
    The reimbursement by ItalyXP will be made within 20 working days by crediting the credit card used. The ItalyXP Voucher contains a description of the services/goods/products and the conditions and timing of the cancellation/refund. If the Voucher does not contain the same information, in case of cancellation of the service/product/reservation made by the buyer on the site, ItalyXP will apply the following terms:
    • Up to 5 working days prior to the start of the activity: full refund of the service/good/product paid by the buyer;
    • From 5 to 3 working days prior to the start of the activity: 50% refund of the price paid;
    • From 3 to 0 days prior to the beginning of the activity or non-use by the buyer of the product/good/service: no refund For counting the days the following rules apply:
    • The day of the activity is not counted;
    • The days begin at 00.00 and end at 24.00 hours in the time zone in force in Italy (GMT +1).
    Under no circumstances may you change or cancel an event that includes the sale of a ticket to a museum, a theater, musical or sport event. Ticket sales are final and cannot be changed once the purchase has been confirmed. If, before the execution of the purchased service, payment of credit card is revoked or is not honored, this will be considered as a cancellation and cancellation fees will apply. In the above cases ItalyXP reserves the right to make further claims. The third parties, partners or service providers to ItalyXP will cancel the task without compliance with the terms of cancellation if weather conditions, governmental actions, socio-political, unpredictable actions or external circumstances can make the course of business impossible or considerably more complex causing possible hazardous situations for clients. This will be done with the exclusion of any other claims or compensation for damages by the customer. The third parties, partners or service providers to ItalyXP have the right to refuse admission or to exclude from the activity of the purchaser and/or other members of the group if eligibility requirements are not met, or if the purchaser's interest or that of other members of the group puts at risk, or interferes with the proper conduct of business. In these cases, the customer will be reimbursed of the price paid in accordance with the timing and the manner described above. The third supplier/partner also reserves the right to make minor changes to the program, if deemed necessary, due to unforeseen circumstances.
  7. Validity of the product, modifications and amendments
    All products, tours and services offered by ItalyXP are valid for the dates that appear in ItalyXP.com at the time of booking. All requests for modifications should be directed to the ItalyXP Customer Care team that processes the request at the address customers@italyXP.com. ItalyXP applies no extra charge to change the date of an existing reservation, provided that the request is received by our customer support team more than five (5) days before the confirmed date of the activity. All other change requests are subject to availability of the service from third party partners and/or service providers; ItalyXP does not guarantee the success of the request for change of date and/or any changes to the service purchased. If you request a change of date within four (4) days or less of your confirmed date for the service requested, the requested changes may incur additional charges which will be communicated at the time of confirmation of service. If you make a purchase using an ItalyXP promotion code, or if you buy a service offered at the time of purchase, in the event of a request to change the itinerary and/or service offered, the special promotion or discount may be canceled. Occasionally, our partners and/or service suppliers of ItalyXP can change tour dates, prices, characteristics of service, age requirements, etc.. In this situation, ItalyXP reserves the right to cancel, modify or substitute any service, tour, activity, even in the presence of existing bookings, at any time, for any reason. In these cases, the ItalyXP user will be offered alternative services, and if the alternatives offered are not to the liking of the user, you will be entitled to a full refund of the original purchase price.
  8. Contents
    You can contribute to the site in several ways, including writing reviews on activities, commenting on blogs, uploading photos, filling in your personal profile in the public section, and rating other users' contributions. ItalyXP can use the user's Content in a number of ways, including displaying on the site, adapting it if necessary for the editorial requirements, incorporating with advertisements and other works, creating derivative works from the same content, directly, or allowing others to do the same in connection with their own websites and media platforms. To this end, the customer grants ItalyXP permission to use the Content for any purpose. The purchaser also grants users of the website and the users of any other means the right to access the content as required by the ItalyXP Terms of Service. The customer finally irrevocably waives any claims and assertions of moral rights or attribution with respect to his/her content. The user agrees to guarantee and indemnify ItalyXP for any claim for damages and/or claims by third parties and/or public authorities in relation to the aforementioned Contents, including their accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes it possible to personally identify third parties. In this regard, you acknowledge that you have the necessary permissions to use and authorize the use of the Content as described herein. The publication of the Materials on ItalyXP.com does not necessarily imply that the content was in no way sponsored or approved by ItalyXP. The user is aware that it can be exposed to liability claims if, for example, his/her Content violates the rights of third parties, including copyrights, trademarks, patents, trade secrets, moral rights, right to privacy, right of publicity, or any other intellectual property or proprietary right, and if the contents contain material which is false, intentionally misleading, or defamatory; contain material that is illegal, discriminatory or pornographic; harms minors, or infringes or supports the violation of any law or regulation. ItalyXP can remove or restore user contents from time to time from its sole discretion. For example, a review may be removed if we believed to violate content policy. ItalyXP has no obligation in the preservation of the Content, or in the supply of copies of the same, nor does it guarantee any confidentiality with respect to content. ItalyXP can display, on the site or other media, advertisements and other information made of the Content. In this case the user is not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice.
  9. System Reviews
    After using the service, you have the chance to review the service booked through the ItalyXP system reviews. The ItalyXP system review process aids in creating a meaningful and accurate profile of experiences and activities. The modalities for the inclusion of the review for the service purchased will be sent via e-mail after the completion of the service. The customer is required to make real and truthful statements. Reviews inaccurate, irrelevant, or that contain insults will be omitted. ItalyXP expressly reserves the right to cancel such reviews without giving further reasons. ItalyXP also has the right to exclude the user from further use of the platform ItalyXP and delete the account. In the case of offensive or defamatory reviews, ItalyXP and any interested suppliers reserve the right to take further legal action.
  10. Disclaimer & Limitation of Liability
    In no event will ItalyXP be liable for any of the following losses or damages (whether such damage were foreseen, foreseeable, known or otherwise): (a) loss of data, (b) loss of revenue or anticipated profits, (c) loss of business, (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties, or (g) any indirect consequential, special or exemplary damages arising from the use of ItalyXP.com regardless of the mode. ItalyXP, in the organization of various activities, services and experiences is not responsible for coincidences with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tour/services purchased. In addition, ItalyXP will not be liable or responsible for any illness, theft, labor disputes, machinery breakdown, government riots, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control. ItalyXP services, including the information, names, images, pictures, logos, prices, dates and availability of ItalyXP services are provided "AS IS" and "AS AVAILABLE" without any Statement or any guarantee whatsoever (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  11. Suspension and/or modification and/or termination of the sale on the Site
    ItalyXP reserves the right to suspend, modify or terminate the services provided on the site. ItalyXP can not in any way be held liable to you or any third party for any such suspension, modification or termination, subject to existing contracts and coupons already issued at the date of termination or suspension of the service.
  12. Property and rights on the website and its content
    All content on the website, including logos, pictures, captions, are the exclusive property of ItalyXP or third party licensors, holders of intellectual property rights and economic use. Therefore it is expressly forbidden to copy, distribute, transmit, publish, through links of any other form of processing, or use the site and its contents without the prior written consent of ItalyXP.
  13. Protection of personal data
    All data provided by the user when filling in the fields provided during registration on the website will be processed by www.ItalyXP.com ItalyeXPeriences.rl, based in Via Matteotti, 23 - 97013 Comiso (RG). For the right use of the goods and services offered by ItalyXP and the correct performing of the same by ItalyXP users have to provide their personal data, bestow and authorize the treatment of their data. If you deny the treatment of your personal data, ItalyXP will not be able to perform its services. ItalyXP can also use your personal data for the following purposes: - To send and provide the information linked to required services; - To send commercial and informative emails on products, services and goods supplied by ItalyXP; - To outline and trace users' demographic information; - To identify our website contents more interesting for users; - To identify more suitable contents in order to send commercial emails. The personal data you provide may be disclosed to third party companies, nominated as Responsible, for the following purposes: • To fulfill the obligations imposed by laws, regulations and legislation or regulations issued by authorities empowered by law or by bodies of supervision and control; • To respond to purposes related to the management of relationships with users; • To start and perform a legal process; To provide personal data for all the above purposes is necessary and any possible denial will prevent ItalyXP to perform any kind of service. The data controller is now ItalyeXPerience srl, based in Via Matteotti, 23 - 97013 Comiso (RG). User can exert the rights mentioned in the article 7 of the Italian Personal Data Protection Code (Legislative Decree 196/2003). Among the others, there is the right to obtain the confirmation by the Holders of the treatment of the existence of their personal data and their communication in an intelligible form, the right to know the modalities and the logic of the treatment, and to request the updating and integration of that data, their cancellation or transformation by anonymous form, in case of violation of the law, and to oppose to their treatment. These rights can be exercised by writing to each holder (attaching a copy of your passport) at ItalyeXPerience Ltd., based in Via Matteotti, 23 - 97013 Comiso (RG).
  14. Applicable law and jurisdiction
    The contract is governed by Italian law. For any dispute that may arise regarding the interpretation, execution and termination of this relationship, the parties consent to the exclusive jurisdiction of Ragusa prejudice to the provisions of the law with respect to the hole of the consumer referred to the Italian Consumer Code (Legislative Decree . 206 of 2005).