Terms and Conditions Customers

CUSTOMER TERMS AND CONDITIONS

Summary

INTRODUCTION AND DEFINITIONS
SERVICE DESCRIPTION
SERVICE ACCESS, CREDENTIALS, USER IDENTIFICATION AND COMMITMENTS
BOOKING PROCESS
VOUCHER
ACTIVITY BOOKING NOTIFICATION
WITHDRAWAL, LIMITATIONS ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL
CANCELLATION OF A CONFIRMED RESERVATION BY THE PARTNER. WITHDRAWAL OF THE PARTNER FROM THE TOUR PACKAGE. UNILATERAL CHANGES IN THE PACKAGE
CANCELLATION OF A CONFIRMED RESERVATION BY THE CUSTOMER
REVIEWS
COMMITMENTS AND OBLIGATIONS OF USERS
AGREEMENT OF EVIDENCE AND TESTIMONY
PROPERTIES
SITE CHANGES
RESPONSIBILITY FOR USE OF THE SITE
COMPLAINTS AND ONLINE DISPUTE RESOLUTION
PERSONAL DATA PROTECTION
LINKS
CODE OF ETHICS
APPLICABLE LAW AND JURISDICTION

PREAMBLE

The website freedome.it (hereafter, the “Site”) offers an online service for booking sports and recreational activities and is operated by OUTLANE SRL SOCIETÀ BENEFIT, a limited liability company based in Saronno (VA), via Varese 25/d, VAT No. 03716980127 (hereafter, the “Company” or “Freedome”).

1. INTRODUCTION AND DEFINITIONS

The terms and conditions (hereinafter, the “Customer Terms and Conditions” or “TCC“) contain the rules regarding the use of the Service offered by the Company.
These TCCs affect, and therefore apply, only and exclusively to regulate the use of the Service offered by the Company through the Site and the purchase of Vouchers by the Client, not applying to the relationship between the Partner and the Client, perfected at the outcome of the booking/acceptance process of an Activity.
Freedome reserves the right to amend these TCCs at any time and without notice, subject to the forms and manner specified in Section 14. It is understood that any changes to the TCCs will not apply with respect to Vouchers purchased and reservations confirmed by a Partner prior to the publication of the changes. Accordingly, the Customer is required to diligently check any changes made to the TCCs before proceeding with the use of the service.
With the exceptions contained in Section 1.3, changes made to the TCCs will be considered in effect from the time of their publication within freedome.co.uk.

IMPORTANT:

The use of the Site, its functions and the enjoyment of the services associated with it, presupposes the full acceptance by Users of the Terms and Conditions Clients set forth herein. Failure to accept, in whole or in part, the following terms will disqualify the User from using the Services contained in the Site, as well as maintaining the User within the Site.
Terms and expressions marked with a capital letter are understood as below, whether used in the singular or plural.

“User Account“: shall mean the personal account created by a user on the Site, according to the procedures described in Paragraph 3.

“Activity“: shall mean the Experience or Tour Package made available for booking and/or purchase by a Partner on the Site.

“Beneficiary“: means the person, other than the Customer, who will use the Voucher;

“Content“: is to be understood as the information, text, image, comment, as well as any other and additional elements that the User communicates to the Company or independently enters on the Site through the Partners evaluation function.

“Contract“: shall mean the agreement, legally binding, formed between a Partner and a Client for the booking of an Activity, or between Client and Freedome for the purchase of a Voucher, executed by Client through the Site www.freedome.it and governed by the terms described in Paragraphs 4 and 5.

“Secret Gift Voucher Code“: is to be understood as the unique code that the customer receives upon the purchase of a Gift Voucher, as described in Section 5.

“Secret Code Gift Voucher with Recommended Activity“: is to be understood as the unique code that the customer receives upon the purchase of a Gift Voucher with Recommended Activity, as described in paragraph 5.

“Customer“: shall mean a User, with an account associated with the Site, who has entered into a Contract with a Partner and/or purchased a Voucher.

“Experience“: means the recreational and/or sports activity and/or entertainment service marketed by Partners on the platform;

“Voucher ID“: is to be understood as the unique Voucher ID that the customer receives against the purchase of a Voucher.

“No-Show“: shall mean the absence, not previously communicated, of a Client and/or Participant on the agreed day and time for the performance of the Activity as described in Section 11.4.

“Customer Reservation Notification“: shall mean the communication, received by email from the Customer, upon confirmation of a Reservation Request as defined in Paragraph 6.

Tourist Package: is to be understood as packages, as defined by the Tourism Code (Legislative Decree 79/2011), sold on the Freedome platform by Tour Operators and combining a stay at an accommodation facility and one or more activities.

“Activity Detail Page“: is to be understood as the page on the Site that contains all the information about one of the activities offered by the Partners and from which you can start the booking process, as defined in Paragraph 4, or purchase Gift Voucher with Recommended Activity, as described in Paragraph 5.

“Participant“: shall mean the natural person deputed to perform the Activity booked through the Site. Participants may, or may not, coincide with Clients.

“Partner“: is to be understood as the natural or legal person (including Tour Operators) who uses the Site, by placing their Listings on it, to offer Activities to Users.

“Cancellation Policy“: is to be understood as the set of rules governing cancellations of Activities and possible refunds that can be consulted on the Site in the “Cancellation Policy” section.

“Reservation” means the Direct Reservation or Deferred Reservation referred to in Paragraph 4;

“Confirmed Reservation” means the Contract concluded between the Partner and the Client in accordance with the discipline of Paragraph 4;

“Deferred Booking“: is to be understood as the request made by a User towards a Partner about the booking of an Activity as described in Section 4.2;

“Direct Booking” means the booking made by the Customer directly through the Channel Manager system referred to in Article 4.1;

“Alternative Proposal“: shall mean a proposal for Activities, made by the Partner or Freedome towards the Client as described in Section 4.7;

“Service“: shall mean the service that connects the User with the Partner as described in the next Paragraph;

“Site“: shall mean the website www.freedome.it as defined in the Preamble;

“Tour Operator“: shall mean the Partner that organizes and/or sells Tour Packages on the Freedome platform

“User“: shall mean the natural person who accesses the Site;

“Voucher“: gift cards and/or other multi-purpose vouchers marketed from time to time by Freedome on the Site, i.e. titles of entitlement ex art 2002 c.c. that entitle Customers/Beneficiaries to spend the corresponding amount on the purchase of one or more Activities of the Partners. Vouchers that can be purchased on Freedome may be Gift Cards, Gift Vouchers or Gift Vouchers with Recommended Activities or the other multi-purpose vouchers that may be offered; the provisions of Paragraph 5 shall apply in each case.

2. SERVICE DESCRIPTION

Freedome offers, through its Site, a Service aimed at facilitating communication between Partners and Clients/Users, facilitating – respectively – the publication of Listings and the booking and/or purchase of Activities. This Service includes the management of reservations, payments, refunds, and cancellations on behalf of Partners, providing a first line of support for Users and Customers, as further detailed below in this document.
Users can book Experience and/or Tour Packages offered by Partners or purchase Vouchers through the Site and the Service
The Contract is concluded

between Freedome and the Customer at the time of the Voucher purchase;
between the Partner and the Client, following the booking of an Activity through the Site. The Contract concluded between Partner and Client is an autonomous relationship legally binding on the parties. Except in cases where, pursuant to these terms and conditions it expressly assumes the status of the Partner’s agent, Freedome is a third party to the contractual relationship formed between the Partner and the Client and, as such, unrelated to the same, with this having to exclude its participation, in terms of liability for the Partner’s non-performance. Therefore, the Contract between Partner and Client is deemed to be finalized at the time of receipt, for the Client, of the Client Reservation Notification, or, in the case of a Gift Voucher with Recommended Activity, at the time when the Client and Partner agree on the date of performance of the Activity, as described in Paragraph 5.

Booking results in the Client’s conscious assumption of a legally binding commitment to the Partner.
Partners are solely responsible to Clients with respect to the delivery of the Activities covered by the Contract. The Company is a third party with respect to the contract between the Client and the Partner: in particular, Freedome does not assume the status of seller and/or organizer of Tourist Packages nor does it assume any responsibility, with respect to the Client, for the proper execution of the Activity and, with respect to the Partner, for the behavior maintained by the Client and/or the Participant. Contractual and pre-contractual information relating to the sale and/or organization of the Tour Package by the Tour Operator will be made available to the Tour Operator prior to the finalization of the purchase of the Tour Package by the Client.

3. SERVICE ACCESS, CREDENTIALS, USER IDENTIFICATION AND COMMITMENTS

Users are solely responsible for their own connections and equipment, including the costs inherent in the same, necessary for accessing the Internet, as well as for using the Site and the Service.
Access to the Site is not permitted to children under 18 years of age. By accessing or using the Site, the User represents and warrants that he/she is of legal age and has the legal capacity to book offers, thereby accepting in full the contents of these TCCs.
Users who wish to use the Service must create an account or, if they already have a User Account, log in to their account (hereinafter, the “User Account“). Access to the User Account is possible through the use of the login credentials provided following registration on the Site.
Users, when registering on the Site, must provide detailed and truthful information and undertake to keep it up to date in case of changes.
Users are responsible for maintaining the confidentiality of their login credentials. In particular, Users are required to take all security and precautionary measures necessary to protect their login credentials, including their password. Users must promptly take all necessary measures to maintain, or restore, the security of their passwords, if necessary by immediately providing for their replacement.
Users are responsible for the use of their login credentials. All accesses to a User Account made through the use of login credentials are considered, unless proven otherwise, to have been made by the User to whom the User Account refers, as well as changes or operations conducted on the User Account in question.
The Company reserves the right to suspend or exclude you from using the Service if you violate the following provisions: (i) 3 (Service access, credentials, user identification and commitments); (ii) 10 (Reviews); and (iii) 11.1 (Compliance with law and regulations)

4. BOOKING PROCESS

The Client can proceed to the Reservation of the Activity offered by the Partner from the Site by:

direct booking of the Activity, (“Direct Booking“), or if Direct Booking is not available;
sending a reservation request (hereinafter, the “Deferred Reservation”), subject to the Partner’s acceptance and/or rejection based on its availability;

by filling out the appropriate form contained on the Activity Detail Page.

The Client is required to provide the Partner with the requested information, including, but not limited to, the date, time and number of Participants, as well as their credit/debit card identification details and/or the Secret Gift Voucher Code, so as to enable pre-authorization for payment, which will be done through a secure payment system. Entering payment card identification details still does not result in Freedome charging any fees to the Customer.

With Direct Booking or express acceptance of Deferred Booking the Contract between the Client and the Partner is concluded (“Confirmed Booking“) and the amount corresponding to the Activity is charged in accordance with the pre-authorization for payment. Freedome shall collect the payment in the name and on behalf of the Partner. The Customer receives a notification containing a summary of the reservation (hereinafter, the “Customer Reservation Notification,” as specified in Paragraph 6). It is understood that the Direct or Deferred Booking process does not, however, determine any obligation or responsibility of Freedome with respect to the provision of the Activity or the execution of the contract concluded between the Client and the Partner, to which Freedome remains unconnected.
In the event that the Deferred Reservation is not expressly accepted within 48 hours of its receipt, it shall be deemed to be rejected and no Contract shall be formed between the Client and the Partner, resulting in the cancellation of the pre-authorization payments; however, Freedome or the Partner reserves the right to offer the Client an alternative date or time (the “Alternative Proposal“). The Alternative Proposal made by the Partner is intended as a counter-proposal to the Deferred Reservation made by the Client. The Client shall have the choice of accepting or rejecting the Alternative Proposal offered to him/her, subject to the same discipline as set forth in this Section 4, sub-sections 4.2 and 4.3.
The absence of availability on the part of the Partner excludes the possibility for the Client to request a compensatory solution, since no contractual relationship between them is then perfected. Likewise, the formulation of compensatory or indemnity claims against the Company, acting as a mere facilitator of communication between Client and Partner, is to be excluded.
This is without prejudice to the Client’s ability to cancel his or her Reservation Request until it has been confirmed by the Partner. Cancellation must be done from the appropriate section of the Site by logging into your User Account. The Reservation Request is considered cancelled the moment the Company receives this communication and the Partner is automatically informed by email.

5. VOUCHER

Through the functions of the Site it is possible for the User to purchase Vouchers. The Service is offered at no charge to Customers and no fees are charged by the Company to Customers.
Vouchers are titles of legitimation ex art. 2002 c.c. that entitle the Client/Beneficiary to spend the amount contained therein for the purchase of one or more of the Partners’ Activities. Vouchers are bearer and therefore anyone in possession of the Voucher has the right to use it. Consequently, in the event of theft or loss, Vouchers already used by third parties (in whole or in part) will neither be replaced nor refunded to the Client who reported them after use.
Vouchers are non-refundable to the Customer, except for the right of withdrawal under Art. 52 of Leg. 206/2005.
In case of purchase of Vouchers, Customers may request the issuance of an invoice by writing via email to info@freedome.it indicating personal and/or social data, tax code, VAT number and address of the invoice holder. The Customer acknowledges, however, that the request for the issuance of the invoice will be understood as use of the Voucher for business purposes and, therefore, unless proven otherwise by the Customer, will cause the same to forfeit consumer rights and faculties, including the right of withdrawal
Gift Vouchers can be used within 18 months of purchase, which is the deadline for both booking the Activities and carrying them out. After that time, the Vouchers expire and Freedome may retain the remaining amounts, with no right of the Client to any refund or return. The fee is collected by Freedome in its own name and on its own behalf. The Customer may withdraw from the purchase of the Voucher within 14 days of said purchase, pursuant to Art. 52 of Leg. 206/2005. In the event that the Customer purchases a Voucher for a Beneficiary, the right of withdrawal ex art. 52 d.lgs. 206/2005 may be exercised by the Customer.
The Customer can purchase a Gift Voucher from the appropriate section of the Site. The Customer must log in to the Site using his/her credentials; the Customer shall also enter the identification details of the selected payment method, so as to enable payment, which will be processed through a secure payment system. As soon as the payment is made, the Customer receives an email notification containing the confirmation of the purchase of the Gift Voucher (hereinafter, the “Voucher Confirmation“). The Voucher Confirmation contains the value of the Gift Voucher, the date on which it was purchased, notice of the right to cancel within 14 days of purchase under Art. 52 of Leg. 206/2005, the expiration date by which the Gift Voucher can be used (the “Voucher Expiration Date”), the identification number of the Gift Voucher (the “Voucher ID”), and a secret code (the “Secret Gift Voucher Code”).
In order to use the Gift Voucher, the Client/Beneficiary must proceed with activation according to the directions, if any, contained in the Voucher Confirmation and, subsequently, enter the Gift Voucher Secret Code on the payment page during Activity booking as described in Paragraph 4.
Gift Vouchers are expendable in one or more solutions. In the case of multiple purchases, Gift Vouchers are expendable until the value contained therein is fully exhausted. With each purchase, the relevant value will be deducted from the amount credited to the Gift Voucher. Should the remaining credit on the Gift Voucher be insufficient to purchase the desired Activity, the missing amount may be paid using the other accepted payment methods.
The Customer, for Activities on the Site that provide for it, may also purchase a Voucher from the Activity Detail Page (the “Recommended Activity“). In this case, the customer is purchasing a Gift Voucher with a Recommended Activity with a duration of 12 months from the purchase, a term that is understood to be both the booking of the Recommended Activity and its performance. In addition to all the information included in the Voucher Confirmation listed in Section 5.5, against the purchase of a Gift Voucher with a Recommended Activity the Voucher Confirmation contains certain details about the Recommended Activity that facilitate its booking, including: the name of the Activity, the number of participants who would be entitled to the Activity, the meeting point at which to show up for the Activity, the contact details of the Partner organizing the Activity, the booking procedure, and the Cancellation Policy provided for the Activity.
The Client/Beneficiary can book the Recommended Activity by contacting the Partner who organizes it (at the contact details indicated on the Voucher), providing the Voucher ID and the date and time chosen for holding the Activity. The Partner should respond by accepting the requested date or proposing alternative dates until the date of the Activity is agreed upon. Upon acceptance of the reservation pursuant to this Section 5.9, the Contract between Partner and Client shall be deemed to be concluded and the Partner shall accept in payment the Voucher from which it shall deduct the amount equal to the fee for the Activity.
Once the agreed date for conducting the Activity has arrived, the Client must show up at the meeting point indicated on the Voucher Confirmation and perform the Activity. it is necessary for the Client to keep the Voucher Confirmation and bring it on the day the Activity is conducted as proof of payment. Prior to the start of the Activity, the Client must show the Voucher to the Partner, who will redeem it by entering the Secret Voucher Gift Code with Recommended Activity in their personal area or by scanning the relevant QR code via the mobile application or following the different instructions in force from time to time. Failure to produce the Voucher Confirmation or communication of the Secret Code Gift Voucher with Recommended Activity will result in the exclusion of the Customer from the performance of the Activity and will not entitle the Customer to any refund.
The Client may request the Partner to change the agreed date or time for holding the Activity by sending a notice to the Partner organizing the Activity to the contacts found in the Voucher Confirmation with Recommended Activity received, within the time limits set forth in the Cancellation Policies applied to the Activity in question and available in the “Cancellation Policy” section of the Site under the Voucher section. Failure to comply with the terms defined in these Client Terms and Conditions and the Cancellation Policies, or failure to show up at the agreed upon day and time to perform the Activity will result in the loss of the right to perform the Activity and will not entitle the Client to a refund.
The Gift Vouchers with Recommended Activity are intended to simplify the booking of the Recommended Activity in case the Client/Beneficiary intends to use the Voucher for the booking of the said Activity, with the process described in the previous paragraphs, however, with their sale Freedome does not guarantee the possibility of performing the activity they refer to. Recommended Activity Gift Vouchers are therefore, like all Vouchers that can be purchased on Freedome, multipurpose Vouchers that can be used to book any of the activities on the Site, but still within the expiration date specified in them. The Client/Beneficiary acknowledges that the use of the Voucher with Recommended Activity for the booking of the aforementioned activity may be conditioned by the Partner to any constraints (including but not limited to: reaching the minimum number of participants, availability of the guide, suitable weather conditions). In case the Client/Beneficiary wishes to use the Gift Voucher with Recommended Activity to book other activities on the Site, he/she may convert it into a Gift Voucher of the same amount and same expiration date by following the guided procedure from his/her personal area of the Site

6. NOTIFICATION OF ACTIVITY BOOKING

The Contract is finalized with the Direct Booking or at the moment when the Deferred Booking is accepted by the Partner, i.e. the Client accepts the Alternative Proposal. Following the completion of the Contract, the Client receives at the email address linked to his/her User Account the Client Reservation Notification, having as its object the summary of the reservation. The summary shows all the main information related to the booking such as, but not limited to, the number of people, location, date, time, price paid, meeting place, name and contact information of the Partner.

7. WITHDRAWAL, LIMITATIONS ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL

The Client acknowledges that the Experiences purchased by the Partner through the Site consist of leisure activities with a specific date or period of performance; therefore, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded except for the provisions of Paragraph 5 (Vouchers) and the purchase of Tourist Packages.
In cases where the Experience purchased does not fall under the cases of exclusion of the right of withdrawal, , the Customer may withdraw from the purchase contract by following the guided procedure made available in his/her personal area of the Site. The User acknowledges and accepts that notices of withdrawal received in ways other than those indicated in this Paragraph, or if addressed only to the Partner, will not be considered effective for the purposes of withdrawal.
The exercise of the right of withdrawal must take place within fourteen calendar days, without any penalty being payable and without the need for the Client to specify the reasons, as stipulated in Articles 52 et seq. of the Consumer Code, provided that, in the meantime, the Client has not used the Partner’s Service. The withdrawal period starts from the date of receipt by email of the Voucher Confirmation, as defined in Paragraph 5. Freedome shall activate the procedures for refunding all payments received from the Customer, without delay and in any case within fourteen days from the day on which it was informed of the Customer’s decision to withdraw from the contract under this Article. In the case of Voucher purchase, the Client loses the right of withdrawal when booking an Experience or a Tour Package with the Partner.
Subject to the provisions of this Article 7 and Article 2.5. above, the Client shall have the right to withdraw from the Tour Packages, at any time prior to the commencement of the package, within the limits and under the conditions specified by the Tour Operator for each Tour Package in the “Cancellation” section of the relevant Activity Detail Page.

8. CANCELLATION OF A CONFIRMED RESERVATION BY THE PARTNER. WITHDRAWAL OF THE PARTNER FROM THE TOUR PACKAGE. UNILATERAL CHANGES IN THE PACKAGE.

The Partner is granted the right to cancel the Confirmed Reservation if the regular and orderly conduct of the Activity is rendered impossible or dangerous by the manifestation of circumstances outside the Partner’s sphere of control, such as, but not limited to, the occurrence of particularly adverse weather conditions.
In the event that a situation arises that makes it impossible or dangerous to carry out the Activity, the Partner, without delay, shall notify the Company, the Client and/or the Participant, in the form deemed most appropriate, provided that it is suitable to ensure the timeliness of the communication.
Where possible, the Partner may make a proposal to the Client to change the date, or time, for the performance of the booked Activity. The new proposal formulated by the Partner is to be assimilated to the Alternative Proposal referred to in Paragraph 4, with the exception of the terms regarding payment, the price having already been paid by the Client. Therefore, following the Alternative Proposal made by the Partner, the Client may:

accepting the Alternative Proposal, thus concluding a new agreement, which is a substitute for the previous one with respect to the time of the Partner’s performance, and with respect to which the Client’s pecuniary performance has already been performed;
reject the Alternative Proposal and request a full refund of the price paid for the performance of the Activity or the re-credit of the amounts in the case of payments made by Voucher;
reject the Alternative Proposal and request the issuance of a Voucher of equal amount and 12 months validity. Such Voucher may be any of those marketed by Freedome, even without a Recommended Activity;
reject the Alternative Proposal, but retain the right to rebook the Activity with the Partner within the 12 months following the cancellation (thus keeping the reservation “pending”). If, within that period, the Client does not rebook with the Partner, Freedome will proceed to convert the pending reservation into a Voucher of equal amount that the Client may spend, under penalty of forfeiture, within the following 12 months (and thus within 24 months of the cancellation of the Activity by the Partner).

Freedome agrees, if requested by the Client and upon receipt of notice from the Partner of the cancellation of the Activity, to arrange for a refund in favor of the Client of the amount paid for the performance of the Activity, by re-crediting the amounts to the payment instrument originally used. If the Customer has paid, in whole or in part, through a Voucher, this fee will be refunded by re-crediting the amount on the Voucher. Reimbursement is provided by Freedome on behalf of the Partner.
As a partial exception to the provisions of the preceding paragraphs of this Article 8, the Client acknowledges that the Tour Operator organizing the Tour Package may withdraw from the Tour Package contract and offer the Client a full refund of the payments made for the package, without further compensation, if:
1. the number of persons enrolled in the package is less than the minimum stipulated in the contract, and the organizer notifies the traveler of the termination of the contract within the period specified in the contract and in any case no later than
  
  – twenty days before the start of the package in the case of trips lasting more than six days,
  
  – seven days before the start of the package in the case of trips lasting between two and six days,
  
  – forty-eight hours before the start of the package in the case of trips lasting less than two days.
2. the contract cannot be performed due to unavoidable and extraordinary circumstances, and the Tour Operator notifies the traveler of the termination of the contract in a timely manner prior to the commencement of the package.
Except for the cases referred to in Paragraph 7 below, Tour Packages may provide for the Tour Operator’s right to change the terms of the contract other than the price; only significant changes in the tourist services included in the Tour Package must be accepted by the Client and may result in the Client’s right of withdrawal.

9. CANCELLATION OF A CONFIRMED RESERVATION BY THE CUSTOMER

Without prejudice to the right of withdrawal provided for in Paragraph 7, in order to proceed with the cancellation of a Confirmed Reservation, the Customer must follow the procedure indicated in the appropriate section of the Site available by accessing his or her User Account.
The fees that will be withheld from the amounts paid by the Client are indicated, for each Activity, in the Cancellation Policies shown on the Activity Detail Page and available on the Site in the “Cancellation Policy” section. The Cancellation Policies are an integral part of these Customer Terms and Conditions.
The ability of Freedome to arrange for the reimbursement of amounts paid by the Client for the performance of the Activity constitutes an operation that the Company performs in the name and on behalf of the Partner, depending strictly on the provisions set forth in the Cancellation Policy.
The absence, without prior notice, of a Client and/or Participant on the day and time agreed upon for the performance of the Activity shall be considered a last-minute cancellation (“No-Show“), excluding the right to a refund.
These cancellation conditions do not apply to Vouchers, regulated in Paragraph 5, and Tour Packages.

10. REVIEWS

Freedome has implemented an evaluation system that allows Clients to evaluate Partners and the Activities they offer.
Posting a rating, or opinion, regarding a Partner or Activity can only be done by a User who holds a User Account on the Site, and who has actually booked and participated in the Activity being rated. Similarly, the preparation of evaluations or opinions can be made after the Activity has taken place.
The evaluation includes a rating on a scale of 1 to 5.
Customers can post comments online as part of the evaluation. Clients’ evaluations are under their full and conscious responsibility, with the Company assuming no responsibility for their content, providing, at most, for their removal where reported as inappropriate, offensive or defamatory.
Clients agree to comply with applicable regulations and, in particular, to comment and evaluate objectively, without employing inappropriate, offensive, or defamatory expressions in their judgment of Activities or with respect to Partners.
Evaluations should be expressed in an understandable manner, limiting appreciation exclusively to the Activity covered by the Contract. The texts contained in the evaluations should not contain personal information (e.g., one’s own or others’ names, phone numbers, addresses, and whatnot), financial information, links to other websites, or any content that could generate a conflict of interest.
Clients also agree to refrain from including in their evaluations any element of a political, religious or sexually charged nature.
Freedome moderates Client evaluations with the goal of ensuring compliance with the provisions herein. To this end, each assessment may be subject to moderation, even at times later than their publication. The Company reserves the right to contact a User in case they need to verify an evaluation.
Users may request moderation of an evaluation on the Site by addressing their request to the email address info@freedome.it, explaining the reason for the request.
The Society reserves the right to delete any comment that does not comply with the provisions herein. In case of repeated violations of these provisions, the Company may suspend or delete the User Account of the User in question.

11. COMMITMENTS AND OBLIGATIONS OF USERS

COMPLIANCE WITH THE LAW AND REGULATIONS

Users are expected to use the Site and Service while respecting the rights of third parties and respecting the rights of Partners and the Company.
Users must, when connected to the Site and when using the Service, comply with applicable regulations.
In particular, Users agree to:

not use the Site or Service for purposes unrelated to the same, or through systems designed to contravene applicable regulations;
Not defaming, insulting or denigrating natural or legal persons;
Do not create User Accounts with fictitious identities, or falsify your own;
Do not cause harm to third parties by using the Site or the Service and, in particular, do not steal the identity of third parties or, in general, use data owned by third parties;
not use contract information obtained through the Site or Service to send unsolicited communications, regardless of the form used for such communications;
not use information obtained through use of the Site or the Service to disseminate computer viruses or similar threats;
not cause damage to the reputation of Partners or the Company, or to the Freedome brand;
Do not cause the Site to be interrupted or shut down;
not causing damage, or attempting to cause damage, related to the services provided by one or more providers or Partners, particularly to the company providing the hosting service, such as exposing the Site to computer viruses, creating server saturation or flooding, saturating messaging systems with email, and other conduct analogous thereto;
Not to access, or attempt to access, information not expressly made available to Users;
not probe, scan, or test system vulnerability, or hack the Site, the Service’s security systems or authentication processes, or attempt to unlawfully access networks and systems connected to the Site;
not upload to the Site, send by email or any other means, any item containing computer viruses or other computer codes, files, or programs designed to disrupt, destroy, or limit the functionality of any computer, software, hardware, or telecommunications equipment.

RESPONSIBILITIES AND OBLIGATIONS RELATED TO THE BOOKING OF ACTIVITIES

With respect to the booking and conduct of Activities, Clients acknowledge that:

the Participants will be allowed to perform the Activity only if they possess the conditions required for the exercise of the Activity (e.g. certificates proving the possession of proper physical condition, a certain level of skill, as well as additional certificates, patents or licenses, required by law); otherwise the Partner has the right to refuse the Participants’ participation in the Activity without resulting in a right to a refund of the price paid to the Client;
the Participants shall, with particular reference to the Activity, abide by the rules and instructions dictated in order to allow the Activity to be carried out in optimal safety conditions; otherwise, the Partner shall have the right to discontinue the performance of the Activity without resulting in a right to a refund of the price paid to the Client;
Participants should arrive on time at the meeting point indicated in the Activity summary. A delay of more than 15 minutes from the agreed-upon time for the execution of the Activity may result in cancellation of the reservation, in accordance with the terms and conditions set forth in the Partner’s general terms and conditions of the Activity, and indicated in the reservation summary.

Clients are required to ensure the accuracy of the information provided to the Partner when booking the Activity; false information provided by Clients, if arranged for the purpose of circumventing the limits imposed by the Partner for the performance of the Activity, entitles the Partner to refuse to perform its service, with further exclusion of any form of reimbursement.

it is also specified that any activity that is not expressly part of the booked Activity is not the responsibility of the Company or the Partner.

Freedome assumes no responsibility for documentation regarding health status, possession of patents, certificates, or any other documents produced by the Client when booking. The truthfulness of the statements made is placed at the sole responsibility of the Client and/or Participant, without prejudice to the Partners’ right to require their production, at the time of the execution of the Activity subject to booking. Accordingly, it is expressly specified that Clients and Participants are solely responsible for booking and participating in the Activities, taking into consideration their own level of skill, physical condition, experience, limitations, and all risks arising from taking part in activities, sporting or otherwise, that are potentially dangerous. To this end, neither the Partners nor the Company can be held responsible for injuries, accidents, or death caused by the performance of the Activity, if any of these events result from the false information rendered by the Client or Participant.

12. AGREEMENT OF EVIDENCE AND TESTIMONY

Users expressly agree that all electronic data, regardless of the medium from which they are generated, especially connection logs, files, logins, time stamp data, messages, emails, and others, from the Company’s information systems, or those of its suppliers and Partners have full probative value with respect to the activities and operations performed.
Accordingly, the items in question constitute evidence and, if produced by the Company in legal proceedings or otherwise, are deemed admissible, valid, and legally enforceable in the same manner, under the same conditions, and with the same evidentiary force as any document drawn up, received, or preserved by means of paper-based records.

13. PROPERTIES

SITE AND SERVICE RIGHTS

The Site, the Service, and the information contained therein are protected by intellectual property law.
It follows that, except where otherwise expressly stated, the intellectual property rights concerning the documents, as well as all information, of any kind, contained in the Site or related to the Service, in particular with reference to each element that makes up the Site and the Service (images, animated or not; illustrations; photographs; sounds; know-how; computer architectures; texts; graphic elements; etc.) including software and databases, are to be considered the exclusive property of the Company and its Partners (hereinafter, the “Protected Elements“).
The Company does not grant Users any license with respect to the use of the Protected Elements, all or even a portion, other than that relating to their display on the Site and use for the purposes of the Service.
Reproduction, in whole or in part, of the Site and/or Protected Elements may be authorized for informational and/or dissemination purposes only, for personal and private reasons. Use under these terms of the Site, or its Protected Elements, is possible only upon express approval rendered by the Company following notice to be addressed to info@freedome.it.
Otherwise, any reproduction, use of copies, regardless of the form and manner of use, is to be considered expressly prohibited unless authorized by the Company. Such conduct, in relation to the harm caused to the Company may constitute an element of evaluation for the purposes of civil liability and, if the elements exist, criminal liability.
In addition, it is prohibited:

Copy, modify, assemble, sell, or transfer in any way any part of the Protected Elements;
modify, even in part, the Protected Elements to gain unauthorized access to the Service or Site by any means other than the user interface provided by the Company for this purpose;
Access or use the Protected Elements with purposes, principles, or terms of use not expressly permitted by the Company;
any reproduction and/or representation, in whole or in part, of the Site, the Service, and the Protected Elements, without the prior and express permission, to be received in writing, of the Company.

RIGHTS CONCERNING DISTINCTIVE SIGNS

All trademarks, logos, and other distinctive marks contained on the Site or referable to the Service, including domain names, are the exclusive property of the Company and its Partners.
Any use, in any way, of the trademarks, logos, as well as any other distinctive sign, must be authorized in advance and expressly in writing by the Company, its Partners or third parties in case they enjoy the rights associated with them.
Users acknowledge to the Company and its Partners the rights relating to the use of such distinctive signs, undertaking to refrain from their use outside the cases otherwise permitted.

USER COMMENTS AND CONTENT

Users assign to the Company all intellectual property rights attributable to the Content they generate on the Site.
The rights assigned in this regard include, in particular: the reproduction, representation, transmission, translation, distribution, use and, where appropriate, modification of the assigned content. Assigned rights may also include those pertaining to media translation, whatever the type. The transfer of this content is to be considered free of charge, as a socially relevant contribution to the development of the Site, directed at ensuring greater efficiency of the service as well as better information transparency for other Users, and thus authorizing from the outset its publication, online or otherwise, through any means or technical process.
Users warrant that they own the ownership rights to the Content being posted. Possession of ownership rights to the Content is a sufficient prerequisite for authorizing its publication. Users are the only ones who can be held responsible for the compliance of such Content with legal regulations. In this regard, the onus is on Users to ensure that the Content posted does not infringe on any third-party rights, particularly those pertaining to intellectual property rights.
Users acknowledge the Company’s third party status with respect to the postings they make within the Site. In any case, where content infringes on the intellectual property rights of third parties, the Company, upon notification from the third parties or the Judicial Authority, will remove it without delay.

14. CHANGES TO THE SITE

Users acknowledge and agree that the Company may freely update, or change, its Site and/or Service at any time and at its sole discretion.
The Company reserves the right to amend, in terms of integration, removal or adaptation, these Terms and Conditions Customers, if this is justified in order to comply with new legislative requirements, incorporate organizational changes aimed at improving the service or prevent the recurrence of misconduct of Users when these have not already been regulated by these TCC or with respect to which the discipline already provided for has proved ineffective for prevention.
It will be the responsibility of the Company to make available to the User the new General Terms and Conditions which must be accepted prior to any purchase. Whenever he/she proceeds with the Booking of an Activity the purchase of a Voucher the changes to the General Terms and Conditions will be deemed accepted.
In any case, use of the Service and its functions presupposes acceptance of these TCCs, as well as any changes to them.

15. LIABILITY FOR USE OF THE SITE

Users acknowledge and are aware that, regardless of the resources employed by the Company, the Internet and telecommunications systems have technical specifications outside the Company’s domain. The malfunction of the Internet and telecommunications systems may result in the inability to guarantee: (i) the proper operation of the Site and the Service, particularly in terms of interrupted accessibility to the Site, the performance of the Site and the Service such as, for example, the response time for various requests and actions made; (ii) the security of the Site and the Service, particularly with respect to the presence of computer viruses.
In addition, Users are informed and agree that technical operations such as maintenance are required to ensure the use of the Site and the Service. As a result, the Site and Service may be temporarily suspended, particularly in the event of system failure, maintenance, repair, or upgrade.
The Company cannot be held liable for any damage that may be caused to Users as a result of using the Site or the Service and, in particular, any damage resulting from the unavailability of the Site.

16. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Freedome cares about the lived experience of its Customers and seeks to offer the highest quality reservation service possible. Accordingly, in the event of problems encountered when booking an Activity or during the performance of an Activity by the Partner, the Client or Participant may:

send an email to: info@freedome.it
Contact us directly at: 02 8715 8931

In the event of a problem with a Partner, Freedome undertakes to contact the Partner with the aim of resolving the problem on behalf of the Client, albeit not making a binding commitment and not guaranteeing the success of the negotiation, Freedome being extraneous to the existing contractual relationship between them.
Participants may also use the evaluation system, as explained in Section 11.
Pursuant to Art. 14 of Regulation (EU) no. 524/2013, we inform that it is possible to resolve any disputes relating to the purchase of Vouchers and/or the use of the Site or the Service through the ODR Telematics Platform, managed by the European Commission, which can be reached at https://webgate.ec.europa.eu/odr.

17. PROTECTION OF PERSONAL DATA

With reference to compliance with rights and obligations concerning the use and protection of personal data, Users are invited to consult the Privacy Policy accessible online at the Site.
The Privacy Policies are an integral part of these Customer Terms and Conditions.

18. LINKS

Any creation of links to the Site, representation of the Site, and in general any use of the Site’s own elements must be subject to the prior written consent issued by the Company, being able to be revoked, discretionally at any time, by the Company.
The Company reserves the right to (i) request the deletion of any link to the Site that has not been, or is no longer, authorized and, accordingly, (ii) take legal action aimed at compensation for any injury suffered.
The Site may contain links to other Internet sites or resources on the Internet. Given the objective impossibility for the Company to control the content of any site, or external resource, the Company cannot be held responsible for the availability of such sites and/or resources, nor, much less, for the proper operation, content, advertising, products, services, or any other information available on or obtainable through them.
The inclusion within the Site of these links does not imply any affiliation, sponsorship or recommendation relationship with respect to the domain owners to whom the link is directed.
Furthermore, the Company cannot be held liable for any actual or alleged damage or loss arising from the use of the content, products, or services available on such external sites or resources.

19. CODE OF ETHICS.

Clients acknowledge that Freedome has a code of ethics (available at this link) and agree to abide by its provisions and spirit, also in implementation of the principle of fairness and loyal cooperation between the Parties.
Customers may report any violations of the Code of Ethics to the following email address: info@freedome.it

The Company ensures the protection of those who make reports in good faith from any form of retaliation, discrimination or penalization, ensuring the utmost confidentiality, subject to legal obligations.

20. APPLICABLE LAW AND PLACE OF JURISDICTION

These Customer Terms and Conditions are governed by, and shall be construed in accordance with, Italian law. Any dispute concerning the interpretation, execution or termination of the TCCs must be brought before the court of the place where the consumer resides or has elected domicile.
In the event that one or more of the provisions contained within the TCCs are deemed invalid by law, regulation, or should be deemed so as a result of a court order, they shall be deemed not to have been affixed; the other provisions shall retain their full validity. The fact that one of the parties has not requested the enforcement of a certain clause, whether permanently or temporarily, should under no circumstances be understood as a waiver of the right/duty arising from that clause.