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GENERAL CONDITIONS FOR USE OF THE turismoimolese.cittametropolitana.bo.it WEBSITE
1. RECITALS
Bologna Welcome S.r.l. - BW Incoming, with registered office in Bologna, Piazza Nettuno 1 Postcode 40124, VAT No. 03348911201, Tax Code 03348911201, Register of Companies of Bologna No. 03348911201, Economic and Administrative Index (REA) No. BO 512155, Travel and Tourism Agency Authorisation No. PG 85128/2014 issued on 29 May 2014 by the Province of Bologna, Civil Liability Policy Travel Organisers and Intermediaries No. 8655951 Europe Assistance Italia SpA, owner of the domain turismoimolese.cittametropolitana.bo.it, organises and manages a website, called turismoimolese.cittametropolitana.bo.it for the promotion of tourism in the Bologna metropolitan area and the sale of online tourist services.
Bologna Welcome S.r.l. is the owner of the domain name turismoimolese.cittametropolitana.bo.it.
Bologna Welcome S.r.l. invites you to carefully read these general conditions (the "General Conditions") of use of the turismoimolese.cittametropolitana.bo.it website (hereinafter, the "Website") and/or the mybologna.app application (hereinafter, the "Application") before each use of the Website and Application and before making reservations and/or purchases.
The use of the Website and/or Application requires the acceptance of these General Conditions, without exception. Failure to accept any of these General Conditions shall prohibit the User from using the Website and/or the Application and from making orders/reservations and/or purchases of Services therethrough.
Where additional conditions, rules, directives, codes of conduct or instructions for the User are contained in the Website and/or the Application or in any part thereof, the User also undertakes to comply with them.
In the event that the User does not approve even just one of the additional rules, instructions, prescriptions etc. present on the Website and/or on the Application, the User will not be authorised to access and use the Website and/or the Application.
2. DEFINITIONS
Website: This Website, with pages that are accessible freely or through registration, can be accessed at the URL turismoimolese.cittametropolitana.bo.it. The Website is a virtual town square, an electronic meeting place in which the User, in addition to finding information, can directly conclude transactions for the purchase of the services offered.
User: Subject (WITH OR WITHOUT A VAT number), who, following registration, is authorised to use the Website and/or the Application to make reservations and purchase the Services offered.
Services: all goods and services (including Tourist Packages and/or Travel Services) offered through the Website and/or the Application.
Transaction: any operation carried out through the Website and/or the Application that ends with the User's purchase of a Service and, in the case of a paid Service, with the User's payment of the price of the Service.
Registration: the operation that involves the release of authentication credentials ("identification codes"), represented by a user ID and a password, which allow access (login) to the reserved area of the Website and/or the Application or to the public purchasing area. Registration on the Website and/or the Application is necessary in order to proceed with the purchase of the Services. Registration is carried out by filling in the registration form online. The privacy policy pursuant to Article 13, Regulation (EU) 2016/679 GDPR can be consulted through the link provided at the end of the registration procedure.
3. INFORMATION CONTAINED IN THE WEBSITE AND IN THE APPLICATION
Bologna Welcome S.r.l. undertakes to make every reasonable effort to ensure that the information contained in the Website and/or on the Application relating to Tourist Services offered, initiatives, accommodation facilities, places, restaurants and venues are accurate and up-to-date. However, Bologna Welcome S.r.l. cannot under any circumstances be held responsible for the accuracy and precision of information contained in the Website and/or in the Application and provided/entered by third party providers of Tourist Packages and/or Travel Services.
4. COPYRIGHT, REGISTERED TRADEMARKS AND SOFTWARE
All the contents of the Website and the Application and the related intellectual property rights, which may be protected on the basis of Italian and international copyright law, or other applicable provisions, including, but not limited to, those relating to know-how, source codes, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and the like, trademarks and distinctive signs of the Website and the Application or parts thereof (logos, icons, etc.), are the property of Bologna Welcome S.r.l. and/or the suppliers of the individual Services offered.
In relation to the aforementioned contents and rights, the User has only a personal, non-transferable and non-exclusive right of use, for the sole purpose of purchasing and using the Services on a single computer in accordance with these General Conditions and with the Conditions of Sale of the individual Services, exclusively for the period of validity of the contractual relationship regulated by them.
The User may not copy, duplicate, modify, reproduce, distribute, sell, assign, sub-license, grant or transfer to third parties and/or, in any case, exploit in any other way (and, in particular, for commercial purposes) the aforementioned contents and rights, nor may it allow third parties to do so through its computer, including without its knowledge.
The distinctive signs of the suppliers, the Services and/or, in any case, of other companies or entities, may be trademarks registered by their respective owners and, therefore, subject to protection under applicable Italian and international legislation.
5. LIMITATION OF LIABILITY
Bologna Welcome S.r.l. declines all liability for any claims made by the User relating to the impossibility of using the Website and/or the Application for any reason. Bologna Welcome S.r.l. assumes no liability for damages, claims or losses, direct or indirect, suffered by the User for the failure and/or defective operation of the electronic equipment of the User or third parties, including Internet Service Providers, telephone and/or telematic connections not managed directly by Bologna Welcome S.r.l. Bologna Welcome S.r.l. cannot be deemed to be in breach of its obligations or liable for loss or damage resulting from non-provision of the Services or non-accessibility of the Website and/or the Application due to the incorrect or non-functioning of the electronic means of communication for reasons beyond the scope of its control, including, but not limited to, fires, natural disasters, power failure, unavailability of telephone connection lines or other network service providers, malfunction of computers and electronic devices, even if not fully part of the Internet network, malfunction of the software installed by the User, as well as the actions of other users or other persons with access to the network.
Bologna Welcome S.r.l. and/or the suppliers of the Services cannot be held responsible under any circumstances for any damage resulting from delay in use or inability to use the Website and/or the Application.
Bologna Welcome S.r.l. cannot be held liable for any damage of any kind resulting from use of the Website and/or the Application by the User.
The contents, information, software, and Services published on the Website and/or in the Application may contain mistakes, inaccuracies and/or typographical errors. Bologna Welcome S.r.l. makes no declarations nor gives warranties, express or implied, about the operation of the Website and/or the Application; the accuracy of the contents, information, software, materials or Services present on the Website and/or in the Application. In particular, Bologna Welcome S.r.l. does not guarantee the accuracy and/or precision (and therefore is not liable for any inaccuracies) of the information and descriptions provided by the suppliers of the individual Services with reference to hotels, restaurants, transport carriers or other tourist or travel products displayed on the Website and/or in the Application (including, but not limited to, photographs, lists of hotel services, general product descriptions, etc.).
All information on the Website and/or in the Application will be periodically updated, integrated and/or modified, where necessary and/or deemed appropriate by Bologna Welcome S.r.l.. Bologna Welcome S.r.l. and/or its respective suppliers may make additions and/or changes to the Website and/or the Application at any time.
The carriers, hotels and other suppliers that provide Services through the Website and/or the Application, are independent entities, companies and/or companies and not representatives, agents or employees of Bologna Welcome S.r.l.. Bologna Welcome S.r.l. cannot be held liable in any way for actions, errors, omissions, declarations, guarantees, breaches or fault of the aforementioned suppliers or for personal injury, death, damage to property or other loss or damage or expenses deriving from them. Bologna Welcome S.r.l. will not assume any liability whatsoever and will not make any refunds in relation to delays, cancellations, overbooking, strikes, force majeure or other causes beyond its direct control and will not be liable for any further expenses, omissions, delays, changes of destination or actions of any government or authority.
The User acknowledges that his/her use of the Services is at his/her sole risk. Bologna Welcome S.r.l. declines any and all liability for the data, information, documents and/or materials entered by third parties on the Website and/or in the Application (the "Contents") and the User therefore assumes all liability for the use of the Contents and cannot claim from Bologna Welcome S.r.l. compensation for any loss or damage or reimbursement of any expenses that the User has suffered/incurred as a result of errors, inaccuracies, approximations or any other defect in the Contents.
Bologna Welcome S.r.l. also declines all liability for any computer viruses that may affect the Website and/or the Application or for any other components, elements and/or phenomena that may cause loss or damage of any kind to the User.
6. OBLIGATIONS OF THE USER
The User assumes full financial responsibility for all transactions carried out in his/her name or on his/her behalf through the use of authentication credentials (user ID and password).
The User must be at least 18 years of age and in full possession of his/her mental faculties. In any case, the User undertakes to monitor - under his/her sole responsibility - any use of the Website and/or the Application by minors, which is carried out in the User's name or through his/her credentials.
The User declares and guarantees that the Website and/or the Application will be used for consultation of the information contained therein and/or for the purpose of making reservations and/or purchases of Services or to use the related contents for him/herself or for persons on behalf of whom the User is legally authorised to act.
The User guarantees the completeness and correctness of all the data and information provided about him/herself and any third parties.
7. USE OF THE WEBSITE AND THE APPLICATION AND PURCHASE OF SERVICES
The order/reservation and the purchase of Services through the Website and/or the Application must be made in accordance with the relevant Conditions of Sale that the User is required to read and accept before proceeding with the reservation and/or order of a Service.
Bologna Welcome S.r.l. cannot in any case be held liable for any breaches and/or non-fulfilment of the Conditions of Sale or the legal provisions applicable to the Service by the Service providers themselves.
The User must in any case also observe and adhere to all the special terms and conditions of purchase that may be indicated by any Service supplier with which it chooses to operate.
8. RESTRICTIONS ON THE USE OF THE WEBSITE AND THE APPLICATION
It is expressly forbidden to use this Website and/or the Application for purposes prohibited or forbidden by these General Conditions or, in any case, by the law.
The Website and/or the Application may not in any way be used for speculative, false or fraudulent reservations or for the sole purpose of damaging Bologna Welcome S.r.l. and/or the providers of the Services.
The transmission of intimidating, defamatory, pornographic, political or racist material or any other illegal material is strictly prohibited.
The Website and/or the Application and its contents may not be modified, reproduced, duplicated, copied, transmitted, distributed, sold, or otherwise exploited for commercial purposes, except with the authorisation of Bologna Welcome S.r.l.. The downloading or printing of a copy of the materials contained in the Website and/or in the Application for personal use only and, in any case, not for commercial and/or profitable purposes is allowed. Unauthorised use of the Website and/or the Application and the materials contained therein constitutes a breach of applicable intellectual property laws and/or any other applicable laws.
This Website and this Application may be used for the request and purchase of the Services.
The content and information on this Website and/or the Application, as well as the infrastructure used to provide such content and information, are the property of Bologna Welcome S.r.l. and/or its suppliers and providers. Consequently, as a condition for the use of this Website and/or the Application, the User undertakes to make exclusively personal and non-commercial use, both directly and indirectly, of this Website and/or the Application and their contents.
Bologna Welcome S.r.l. reserves the right, at its sole discretion, to deny any User access to this Website and/or the Application or any part thereof without prior notice.
9. COMPENSATION FOR DAMAGES
The User undertakes to indemnify and hold harmless Bologna Welcome S.r.l. and/or the suppliers of the Services, as well as any officer, manager, employee or representative thereof in relation to any compensation demands, legal actions, claims, recoveries, losses, damages, fines, financial penalties or other costs or expenses of any kind or nature, including, but not limited to, legal or accounting expenses, filed and/or incurred by third parties as a result of:
(a) the User's breach of these General Conditions or of the documentation and/or materials to which they refer;
(b) the User's breach of any law, regulation and/or rights of third parties;
(c) the User's unlawful and/or negligent and/or reckless use of this Website and/or the Application.
10. REFUSAL OF ACCESS
Bologna Welcome S.r.l. reserves the right to refuse access to the Website and/or the Application at any time and without prior notice in the event of fraudulent use or use contrary to the law and/or these General Conditions.
11. INTERRUPTION OR SUSPENSION OF ACCESS TO THE WEBSITE AND THE APPLICATION
Access to the Website and/or the Application and the Services, as well as the request and/or purchase of Services, may be suspended and/or interrupted for technical reasons of any kind or due to unforeseeable circumstances or force majeure, without the User having the right to claim anything from Bologna Welcome S.r.l. and without the latter being deemed in any way liable for the consequences and/or loss or damage suffered by the User or third parties due to the suspension and/or interruption of access.
12. LINKS OR CONNECTIONS TO THIRD PARTY WEBSITES/PORTALS
This Website and/or the Application may contain hyperlinks to websites not managed by Bologna Welcome S.r.l.. These links are provided for information purposes and for reference only.
Bologna Welcome S.r.l. is not required to control, and does not control, the content of such websites and assumes no liability for the content and/or materials present and/or disclosed and/or for the services offered through such websites. The services offered by these websites, in particular, cannot be considered in any way as sponsored, shared, or supported by Bologna Welcome S.r.l. and therefore the User assumes all responsibility for purchases and other operations carried out with reference to them.
The insertion by Bologna Welcome S.r.l. of links to these websites does not imply any acceptance by Bologna Welcome S.r.l. of the material and content published on these websites or any other relationship between Bologna Welcome S.r.l. and the owners/managers thereof.
13. AMENDMENT OF THE CONTENTS AND GENERAL CONDITIONS
Bologna Welcome S.r.l. reserves the right to make at any time - at its own discretion and without prior notification to the User - any changes, additions and/or updates that it deems necessary and/or simply appropriate to the Website and/or the Application, to the contents, programmes and/or other materials contained therein and/or available through the Website and/or the Application itself, including these General Conditions.
Any amendments and/or updates to these General Conditions (and/or of the other terms and conditions that may be contained in the Website and/or in the Application) may be made known by Bologna Welcome S.r.l. to the User by publication on this Website and/or in the Application or by other means of communication. Any User who accesses the Website and/or the Application after the amendments and/or updates have been published on the Website and/or in the Application or communicated by other means, will be deemed to have accepted them and will remain bound to them from the date of publication and/or communication of the amendments and/or updates, even if the User has not viewed the web page on which they have been published.
14. PROTECTION OF PERSONAL DATA (PRIVACY)
The privacy policy pursuant to Article 13, Regulation (EU) 2016/679 GDPR is to be considered an integral part of these General Conditions.
For information relating to the processing of personal data provided by the User at the time of registration and afterwards through direct access to the reserved area of the Website and/or the Application, please refer to the Privacy page, which can be consulted in its updated version on the Website and/or on the Application.
15. SECURITY POLICY
Bologna Welcome S.r.l. uses secure technology to safeguard both the data and personal information of the User and the financial transactions carried out by the User.
16. APPLICABLE LAW
These General Conditions are governed by Italian law. In the event that any of the aforementioned General Conditions should be declared invalid or unenforceable under current law, the resulting invalid or unenforceable provision will be replaced by the valid and applicable legal provision that most fully reflects the meaning of the original provision, and the remaining part of the contract pertaining to use of the Website and/or the Application will remain in force in all respects between the Parties.
17. JURISDICTION
Any dispute relating to the validity, effectiveness, interpretation and/or execution of this contract for the use of the Website and/or Application will be referred to the exclusive jurisdiction of the Court of Bologna (Italy) with the exclusion of any other Judicial Authority, without prejudice to the possible application of mandatory provisions of law including, where applicable, those dictated by the Italian Consumer Code.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, I specifically accept and approve the content and clauses of the following articles:
Art. 3 Information contained in the Website and in the Application
Art. 4 Copyright, Registered Trademarks and Software
Art. 5 Limitation of Liability
Art. 6 Obligations of the User
Art. 7 Use of the Website and the Application and purchase of Services
Art. 8 Restrictions on the use of the Website and the Application
Art. 9 Compensation for damages
Art. 10 Refusal of access
Art. 11 Interruption or Suspension of access to the Website and the Application
Art. 12 Links or Connections to Third Party Websites/Portals
Art. 13 Amendment of the contents and General Conditions
Art. 16 Applicable law
Art. 17 Jurisdiction