CUSTOMER TERMS AND CONDITIONS
- INTRODUCTION AND DEFINITIONS
- SERVICE DESCRIPTION
- SERVICE ACCESS, CREDENTIALS, USER IDENTIFICATION AND COMMITMENTS.
- BOOKING PROCESS
- BOOKING NOTIFICATION
- LIMITATIONS ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL
- CANCELLATION OF A CONFIRMED RESERVATION BY THE PARTNER
- CANCELLATION OF A CONFIRMED RESERVATION BY THE CUSTOMER
- COST OF SERVICE
- COMMITMENTS AND OBLIGATIONS OF USERS
- AGREEMENT OF EVIDENCE AND TESTIMONY
- CONSEQUENCES OF NON-COMPLIANCE WITH THE PROVISIONS CONTAINED IN THE TERMS AND CONDITIONS CUSTOMERS
- CHANGES TO CUSTOMER TERMS AND CONDITIONS
- COMPLAINTS AND ONLINE DISPUTE RESOLUTION
- PERSONAL DATA PROTECTION
- APPLICABLE LAW AND JURISDICTION
The website freedome.it (hereafter, the “Site”) offers an online service for booking sports and recreational activities and is operated by OUTLANE SRL, 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, not applying to the relationship between the Partner and the Client, perfected at the outcome of the booking/acceptance process of an Activity or, between the Client and Freedome, the purchase of a Voucher.
- Freedome reserves the right to amend these TCCs at any time and without notice, subject to the forms and manner specified in Paragraph 18. 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.
- Subject to 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.
- 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”: means the activity or service made available for booking 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.
“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.
“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 who uses the Site, by placing their own 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.
“Confirmed Reservation”: is to be understood as a Reservation Request confirmed by the Partner as described in Section 4.5.
“Alternative Proposal”: shall mean a proposal for Activities, made by the Partner or Freedome towards the Client as described in Section 4.7.
“Booking Request”: is to be understood as a request made by a User to a Partner about booking an Activity as described in Section 4.2.
“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.
“User”: shall mean the natural person who accesses the Site.
“Vouchers”: are multi-purpose vouchers, i.e., entitlement titles under Art.
2002 c.c. that entitle Clients/Beneficiaries to spend the corresponding amount on the purchase of one or more of the Partners’ Activities. Vouchers that can be purchased on Freedome can be Gift Vouchers or Gift Vouchers with Recommended Activities, as defined in Section 5;
2. SERVICE DESCRIPTION
- Freedome offers, through its Site, a Service aimed at facilitating the communication between Partners and Clients/Users, facilitating – respectively – the publication of Listings and the booking 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.
- Through the Site and the Service, Users can book sports and recreational activities or other services offered by Partners, or purchase Vouchers.
- 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 in which, pursuant to these terms and conditions it expressly assumes the status of an agent of the Partner, Freedome, with respect to the contractual relationship formed between the Partner and the Client, is a third party and, as such, extraneous to the same, with this having to exclude its participation, in terms of liability, without prejudice to the ordinary assumptions of liability related to the use of the Service. The Contract shall be deemed perfected 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 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, a third party to the contract, assumes no 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.
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 solely 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 solely 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.
4. BOOKING PROCESS
- The booking process constitutes the operation by means of which the Client, having identified the Activity of his or her interest, submits, through the Site, a request to the Partner, so that the latter reserves its Activity (i.e., part of the available seats) for the User for a specific time frame. The reservation procedure is divided into the following ways.
- Upon logging in to the Site using their credentials, the Client must submit a reservation request (hereinafter, the “Reservation Request”) by completing the appropriate form contained on the Activity Detail Page. The Client, in completing the Reservation Request, is required to provide the Partner with the requested information, including, but not limited to, date, time and number of Participants.
- Once the Reservation Request has been completed, the Customer will enter their credit/debit card identification details and/or the Secret Gift Voucher Code so that payment can be pre-authorized, 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.
- The Partner has 48 hours from the time of receipt of the Reservation Request to accept or expressly reject it. In the event that the Partner does not respond within 48 hours from the time of receipt of the Reservation Request, the inert behavior by the same shall be understood in terms of rejection.
- In the event that the Reservation Request is accepted, the Contract between the Client and the Partner is entered into and accepted, and the amount corresponding to the Activity is charged in accordance with the pre-authorization for payment (the “Confirmed Reservation”). The Customer receives a notification containing a summary of the reservation (hereinafter, the “Customer Reservation Notification,” as specified in Paragraph 6).
- In case the Reservation Request is rejected, the pre-authorization for payment is cancelled and no Contract is formed between the Client and the Partner.
- In the event that the Reservation Request is declined, Freedome or the Partner reserves the right to offer the Client an alternative date or time (the “Alternative Proposal”).
- The Alternative Proposal formulated by the Partner is to be understood as a counter-proposal to the Reservation Request formulated by the Client.The Client has the choice of accepting or rejecting the Alternative Proposal offered to him/her, with application of the same discipline as in this Section 4, sub-sections 4.5 and 4.6.
- It is understood that Activities offered by Partners within the Site are subject to Partners’ prior verification of availability. 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. Similarly, the formulation of compensatory demands on the Company is to be excluded, operating as a mere facilitator of communication between Client and Partner.
- 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.
- Through the functions of the Site it is possible for the User to purchase Vouchers.
- Vouchers are titles of entitlement ex art. 2002 c.c. that entitle the Customer/Beneficiary to spend the amount ivi for the purchase of one or more Activities of the Partners. Vouchers are bearer and therefore anyone in possession of the Voucher has the right to use it. Accordingly, 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 Customer who reported them after use.
- Vouchers are non-refundable, except for the right of withdrawal under Art. 52 of Leg. 206/2005.
- Vouchers can be used within 12 months of purchase. 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 consideration is collected by Freedome 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 his/her credit/debit card identification details 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”).
- To use the Gift Voucher, the Client/Beneficiary must 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 Recommended Activity. 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 (by sending an email to the contacts listed on the Voucher), communicating 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 can report to the meeting point indicated on the Voucher Confirmation and conduct the Activity. It is important for the Client to keep the Voucher Confirmation, to bring it on the day the Activity is conducted as proof of payment, and to notify the Partner of the Secret Voucher Gift Code with Recommended Activity before the Activity begins. 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 an email to the Partner organizing the Activity to the contacts it received in the Voucher Confirmation with Recommended Activity, 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.
- 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 to book the said Activity, with the process described in the previous paragraphs. Recommended Activity Gift Vouchers are, like all Vouchers available for purchase on Freedome, multipurpose Vouchers that can be used to book any of the activities on the Site. In case the Client/Beneficiary wishes to use the Gift Voucher with Recommended Activity to book other activities on the Site, he/she should contact Freedome by sending an email to email@example.com in which he/she must include the Voucher ID, the Secret Gift Voucher Code with Recommended Activity, and expressly indicate that he/she wishes to use the Voucher to book other Activities. In response to this request, Freedome agrees to respond promptly by converting the Gift Voucher with Recommended Activity with a Gift Voucher of the same amount and with the same expiration date by sending the requesting Client/Beneficiary a new Voucher Confirmation. The Gift Voucher so received may be used as described in the preceding paragraphs of this Section.
6. NOTIFICATION OF ACTIVITY BOOKING
- The moment the Client’s Reservation Request is accepted by the Partner, i.e., the Client accepts the Alternative Proposal formulated by the Partner, the Contract between the Client and the Partner is finalized. When the Contract is finalized, the Customer receives, at the email address linked to his/her User Account, the Customer Reservation Notification, having as 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.
- In cases where the booked activity or purchased Service does not fall under the cases of exclusion of the right of withdrawal under Article 8 below consistent with Art. 59 of the Consumer Code, the Customer may withdraw from the purchase contract by giving timely notice to the Company by sending a registered letter with return receipt to the name of the Partner providing the Activity, to the email address indicated in the booking confirmation and to OUTLANE SRL, as the Partner’s agent, at the address Via Varese 25/d, Saronno (VA) 21047 or by email to firstname.lastname@example.org. 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.
- The form to be completed and sent in the manner described in this Section to exercise the right of withdrawal can be downloaded at the following link: Withdrawal Form. The User acknowledges and agrees that notice of withdrawal addressed only to the Partner will not be deemed effective for the purpose of withdrawal.
8. LIMITATIONS ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL
- The Client acknowledges that the Services purchased by the Partner through the Site consist of leisure activities with a specific date or period of performance; therefore, pursuant to Art. 59 of the Consumer Code, the right of withdrawal is excluded except as provided in Paragraph 5 (Voucher). In the case of Voucher purchase, the Client loses the right of withdrawal in case he/she books an Activity at the Partner.
9. CANCELLATION OF A CONFIRMED RESERVATION BY THE PARTNER
- The Partner is granted the possibility of cancelling the Activity if, its regular and ordinary course 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, resulting in the termination of the contractual obligation and the right to a full refund of the price paid for the performance of the Activity.
- 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.
- Reimbursement is provided by Freedome on behalf of the Partner.
10. CANCELLATION OF A CONFIRMED RESERVATION BY THE CUSTOMER
- Without prejudice to the right of withdrawal provided by Art. 7, in order to proceed with the cancellation of a Confirmed Reservation, the Client must follow the procedure indicated in the appropriate section of the Site available by accessing his/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 Section 5.
- 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 email@example.com, 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.
12. COST OF SERVICE AND BILLING
- The Service is offered at no charge to Customers. No fees are charged by the Company to Clients.
- Clients are only obligated to pay the amount due to the Partner in connection with the selected Activity without any surcharge and subject to the provisions of the Voucher rules in Section 5.
- In case of purchasing Vouchers, Customers may request the issuance of an invoice by writing via e-mail to firstname.lastname@example.org 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 the use of the Voucher for business purposes and, therefore, unless proven otherwise by the Customer, will cause the Customer to forfeit its consumer rights and entitlements, including the right of withdrawal.
13. 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.
- With respect to the booking and conduct of Activities, Clients acknowledge that:
- Clients are informed about the possibility of taking out, for themselves and for all Participants, insurance policies for civil liability in Italy and abroad while carrying out the Activities. It is also specified that Activities offered through Freedome, unless specifically stated, do not include any type of insurance.
- It is the responsibility of each Participant to ensure that their insurance coverage is sufficient and, if it is otherwise necessary, to implement all appropriate measures to make it so, either by supplementing their existing policy or by entering into an agreement with an insurance company of their choice.
- On the Site, the Society may list “risky” activities. Clients are reminded that additional insurance is strongly recommended for this type of activity.
14. 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.
- 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 email@example.com.
- 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;
- 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 brands, logos, and other distinctive marks contained on the Site or traceable to the Service, including domain names, are the exclusive property of the Company and its Partners.
- Any use, in any way, of the brands, logos, as well as any other distinguishing marks, 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.
16. CONSEQUENCES OF NON-COMPLIANCE WITH THE PROVISIONS CONTAINED IN THE I TERMS AND CONDITIONS CUSTOMERS
- The Company reserves the right to suspend or exclude you from using the Service if you violate the following provisions:
- 3 (Service access, credentials, user identification and commitments);
- 12 (Reviews);
- 14.1 (Compliance with law and regulations);
- CHANGES TO THE SITE AND/OR SERVICE
- 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.
- Any changes made to the Site and/or Service are subject to the sole discretion of the Company.
18. CHANGES TO CUSTOMER TERMS AND CONDITIONS
- 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. The User will be informed by special notice sent by email to the address provided during registration, sending the text of the terms and conditions with an indication of the changes. The User will have the right to withdraw within 15 days of receipt of the aforementioned email; failure to do so will be deemed acceptance of the amended terms and conditions
- It will be the Company’s responsibility to request from the User, whenever the User proceeds with the Reservation of an Activity the purchase of a Voucher, the confirmation of the acknowledgement of the TCCs, thus being able to find changes or variations with respect to the prevailing regulations.
- In any case, use of the Service and its functions presupposes acceptance of these TCCs, as well as any changes to them.
- SITE AND SERVICE ACCESS AND OPERATIONS
- he 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.
- SCOPE OF THE COMPANY’S RESPONSIBILITY
- The Society provides a direct technical service to connect Users and Partners.
- Partners are solely responsible to Clients and Participants for the proper conduct of the Activities offered on the Site. With respect to the Activity, the Company assumes the status of a third party, not contributing in any way to regulating its forms, methods and terms of exercise.
- The Company, as a third party with respect to the relationship between Partners and Clients, cannot be held responsible in any way with respect to the total or partial non-performance of the obligation, and/or poor performance, rendered by a Partner with reference to the performance of an Activity, nor of the correctness of the information provided by the Partner with respect to the characteristics of the Activities and the conditions of access.
- Equally, the liability of the Company with respect to the actions committed by the Participants during the performance of the Service is to be excluded.
- In relation to situations of total or partial non-compliance with the obligation, and/or poor performance, rendered by a Partner, Clients and Participants agree not to take legal action against the Company, recognizing its status as a third party and, therefore, as such, unrelated to the relationship in dispute.
- Clients are personally responsible for the acceptance of the Client Terms and Conditions by the Participants for whom the User has made the Activity reservation.
- LIMITATIONS OF LIABILITY
- The Company may be held liable limited to cases of violation, demonstrated by a User or Customer, of its contractual obligations in the performance of the Service.
- The Company cannot be held liable in the following cases: (i) acts performed by a User, Client, Participant, or Partner, or (ii) cases of force majeure, or (iii), acts performed by third parties and in particular malfunctions, inability to access or difficulty using the Internet, or (iv) consequential or non-consequential damages relating to services other than the Service provided by the Company in compliance with these provisions, or (v) damages attributable to the content, nature, or characteristics of the products and/or services provided by a Partner to a Client.
20. 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: firstname.lastname@example.org
- 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 you that you can resolve any disputes relating to the purchase of Vouchers and/or the use of the Site or Service through the ODR Telematics Platform, operated by the European Commission, which can be reached at https://webgate.
21. PROTECTION OF PERSONAL DATA
- The Privacy Policies are an integral part of these Customer Terms and Conditions.
- 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.
23. 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.