WWW.ITALYGATE.IT AND WWW.COOKANDTRAVELWITHCRISTINA.COM
GENERAL TERMS FOR USE OF THE WEBSITE
that Italygate by Mutina Management srl, having registered office in Modena, Address via De Gavasseti 33/1, 41126 Modena, VAT number 03731090365, Taxpayer´s Code 03731090365, Modena Business Register no. 03731090365, Administrative and Economic Register no. MO 412961, holds the Travel and Tourism Agency SCIA no. A999580/9209461/1 presented at the city of Modena, Civil Liability Policy for Travel Organisers and Travel Intermediaries No. 112367859 issued by Allianz SpA, owner of the domain names www.italygate.it and www.cookandtravelwithcristina.com, organises and manages, an electronic platform ("Website"), called www.italygate.it. The Platform aim is implementing the promotion and on-line sales of Tourist Services.
The owner of the domain names www.italygate.it and www.cookandtravelwithcristina.com is Italygate by Mutina Management S.r.l..
Italygate by Mutina Management advise you to read the general terms ("General Terms") concerning the use of the website www.italygate.it (hereinafter, the "Website") before making any reservation and/or purchase.
The General Terms shall be accepted by the User, with no exception, before using the Website. If any of the General Terms is not accepted, the User is forbidden to use the Website and make orders/reservations and/or purchases of Services through the Website.
If, in the Website or any part therein, any additional terms, rules, directives, codes of behaviour or instructions for the User are contained, the User undertakes to meet them too.
If the User does not approve a particular additional term, rule, directive, instruction, provision, etc. in the Website, he/she will not be authorized to enter and use the Website.
Website: The Website features pages with free or reserved access, depending on the log-in procedure followed; it can be reached at the URLs www.italygate.it and www.cookandtravelwithcristina.com. The Website is a virtual place, an electronic meeting point in which Users, as well as gaining information, can directly purchase the Services offered.
User: a subject (WHO HAS OR DOES NOT HAVE A REGISTERED VAT NUMBER) who - after registration - is authorized to use this Website in order to reserve and purchase the Services offered.
Services: all the goods and services offered (including Package Tours and/or Travel Services) offered through the Website.
Transaction: every operation performed through the Website which results in both the purchase of a Service by Users (where the Service is not free), and the corresponding payment for the Service by Users.
3. INFORMATION AVAILABLE IN THE WEBSITE
Italygate by Mutina Management S.r.l. undertake to make every reasonable effort to ensure that the information present in the Website and concerning the Tourist Services offered are accurate and up-to-date. Italygate by Mutina Management S.r.l.will not be held responsible for the accuracy of any information contained in the Website which has been supplied/inserted by third party suppliers of Tourist Packages and/or Travel Services.
4. COPYRIGHT, REGISTERED TRADE MARKS, AND SOFTWARE
All the contents in the Website and the relevant intellectual property rights, are protected by Italian and International regulations on property rights and other relevant provisions. Among these rights (intended solely as an indication with no limitation value) are those concerning know-how, source codes, software, hardware, projects, applications, patents, industrial secrets, formulas, algorithms, models, data banks and alike, trade marks and distinctive signs of the Website or any part thereof (logos, icons, etc.), which belong to Italygate by Mutina Management S.r.l. and/or to suppliers of single Services offered.
In relation to the above mentioned contents and rights, the User has a solely non-exclusive and non-assignable right to personal use on a single computer, for the sole purpose of buying and using Services pursuant to both the present General Terms and the General Sales Terms for Tourist Packages/Travel Services ; this right is granted exclusively for the time of effectiveness of the relevant contract.
Users are not authorised to copy, duplicate, amend, reproduce, distribute, sell, assign, sub-licence, attribute or transfer to third parties, and/or exploit the above mentioned contents and rights in any other way (in particular for commercial purposes); similarly, they cannot permit any third party to use their own computer to do so, and are responsible even if they are unaware of this usage. .
The distinctive signs of suppliers, Services and/or, any other company or body, may be trade marks registered by their holders, and thus may be protected by the relevant Italian and/or International regulatory provisions.
5. LIMITED LIABILITY
Italygate by Mutina Management S.r.l. hold no responsibility for any possible Users’ claim concerning their inability to access and/or use the Website for any reason. Italygate by Mutina Management S.r.l. take no liability for damages, claims or direct and/or indirect losses caused to Users as a consequence of the lack of operation and/or the faulty operation of electronic appliances belonging to Users and third parties, including Internet Service Providers, telephone and/or Internet connections which are not directly managed by Italygate by Mutina Management S.r.l.. Italygate by Mutina Management S.r.l. and the will not be considered to be non compliant with respect to its own duties nor liable for any damages caused by either the lack of supply of Services or the inability to access the Website, due to either the misuse of operation or the lack of operation of the electronic communication means caused by reasons which are outside its own control, including, but not limited to, fires, natural disasters, interruption of energy supplies, unavailability of telephone connections or other suppliers of network services, malfunctioning of computers and electronic devices (even though they may not be an integral part of the Internet), malfunctioning of software installed by the User, as well as the actions of other users or persons who have access to the network.
Italygate by Mutina Management S.r.l. and/or Service suppliers will not be held liable for any damage caused by either the delays in the use of the Website or the lack of skill in using it.
Italygate by Mutina Management S.r.l. will not be held liable for any possible damages, of any nature, caused by Users when using this Website.
There may be inaccuracies, imprecisions, and/or typographic errors in the contents, information, software, and Services published on this Website. Italygate by Mutina Management S.r.l. do not provide any statement or guarantee, either explicit or implicit, on the operativity of the Website and/or the correctness of contents, information, software, materials or Services present in the Website. In particular, Italygate by Mutina Management S.r.l. do not guarantee the correctness and/or precision (and therefore are not liable for any possible inaccuracies) of the information and descriptions provided by the suppliers of single Services in connection to hotels, air-, sea- and road- carriers or any other tourism or travel product present in the Website (including, but not limited to: pictures, lists of hotel services, general product descriptions, etc.).
The information present in the Website will be periodically brought up-to-date, integrated and/or amended, as deemed necessary or appropriate by Italygate by Mutina Management S.r.l.. Italygate by Mutina Management S.r.l. and/or their relevant suppliers are entitled to introduce additions and/or amendments to the Website at any time.
Carriers, hotels, and other suppliers of Services through the Website, are independent bodies, companies and/or enterprises, and are not representatives, agents or employees of Italygate by Mutina Management S.r.l.. Italygate by Mutina Management S.r.l. is not responsible for either suppliers´ actions, errors, omissions, statements, guarantees, infringements or faults or personal injuries, death, damages to assets or other damages or costs originating from their part. Italygate by Mutina Management S.r.l. is in no way liable, and will not provide any compensation in relation to delays, cancellations, overbooking, strikes, natural disasters or other causes which are beyond their direct control, and will not be liable for any additional cost, omission, delay, change of destination or regulatory action of any State or authority.
Users acknowledge that they use the Services at their own exclusive risk. Italygate by Mutina Management S.r.l. does not take any responsibility for data, information, documents and/or materials introduced by third parties in the Website ("Contents"). Therefore, Users take direct responsibility for the use of the Contents and cannot claim any compensation from Italygate by Mutina Management S.r.l. and/or for possible damages or the refund of possible costs borne by Users as a consequence of errors, inaccuracies, imprecisions or any other fault in the Contents.
Furthermore, Italygate by Mutina Management S.r.l. does not take any responsibility for either any possible viruses present in the Website, or any other components, elements and/or phenomena which may cause loss or damage to Users´ property.
6. DUTIES OF THE USER
Users have full patrimonial and financial liability for all transactions performed under their own name and in their own account through the use of their identification codes (user id and password).
Users shall be at least 18 years of age and in full possession of their faculties. Users undertake - under their exclusive responsibility - to supervise any use of this Website by minors, in the Users´ name or using their credentials.
The User states and ensures that the Website will be used solely to make reservations and/or purchases of Services, or to use the relevant contents either in his/her own account or on behalf of people or bodies for whom the User is entitled to act.
Users guarantee that all data and/or information that they supply, to possible third parties, are complete and true.
7. USE OF THE WEBSITE AND THE PURCHASE OF SERVICES
The order/reservation and purchase of Services through the Website shall be made in compliance with the General Sales Terms for Tourist Packages/Travel Services which the User shall read and accept before making any reservation and/or ordering a Service.
Italygate by Mutina Management S.r.l. however, cannot be held liable for any possible infringement of and/or lack of compliance with either the General Sales Terms for Tourist Packages/Travel Services or the relevant regulatory provisions by the suppliers of the Service itself.
The User, however, shall also meet and respect any the special purchase terms and conditions indicated by any Service Supplier whom he chooses to deal with.
8. RESTRICTIONS IN THE USE OF THE WEBSITE
The use of the present Website for purposes which are excluded or forbidden by either the present General Terms or any regulatory provision are strictly forbidden.
In no way may the Website be used to make reservations which either are speculative, false or fraudulent, or have the sole purpose of damaging Italygate by Mutina Management S.r.l. and/or the Suppliers of Services.
The transmission of intimidating, defamatory, pornographic, political or racist material, or any other illegal material, is strictly forbidden.
In no way may the Website and its contents be changed, reproduced, duplicated, copied, transmitted, distributed, sold or commercially exploited, if the prior written authorisation of Italygate by Mutina Management S.r.l. has not been obtained. It is permitted to download or print a copy of the material contained in the Website for personal use only, and not for commercial use and/or profit-making purposes. The unauthorised use of both the Website and the material contained therein is a violation of the regulatory provisions concerning intellectual properties and/or any other relevant law.
This Website can only be used to order and purchase Services. The ownership rights on the contents and information in this Website, as well as on the framework used to provide the contents and information, belong to either Italygate by Mutina Management S.r.l., and/or their suppliers and providers. Consequently, the condition for the use of this Website by the User is that the latter undertakes to use this Website and its contents for personal purposes only and not for any direct or indirect commercial purposes.
Italygate by Mutina Management S.r.l. allows the User - as well as for any guest to the Website - to post opinions and comments on the Services presented in the Website itself. In posting their opinions or comments on the offered Services, the User grants Italygate by Mutina Management S.r.l. a non-exclusive permanent and irrevocable right, exempt from royalties, on the relevant texts, contents and/or material, while permitting the possible use, reproduction, modification, adaptation, publication, translation, distribution and dissemination of these opinions and comments all over the world through every possible means. Furthermore, the User gives Italygate by Mutina Management S.r.l. and the right to use the name or names that he/she supplied in every such opinion and comment sent.
The User states and acknowledges that any chat, message or other communication from other Users has not been sent, modified, forwarded and/or endorsed by Italygate by Mutina Management S.r.l. and therefore that these communications shall not be considered as reviewed, examined, controlled and/or approved by Italygate by Mutina Management S.r.l..
Italygate by Mutina Management S.r.l. reserves the right, at their own discretion, to deny the access to this Website or any part thereof to any User, with no prior notice.
Italygate by Mutina Management S.r.l. however, reserves the right to forbid and/or prevent the transmission, distribution, diffusion, loading, presentation and/or saving in or through the Website, as well as the right to remove from the Website itself, any messages and/or any other communication by Users that Italygate by Mutina Management S.r.l. deems inadmissible, inopportune and/or simply unpleasant at its own exclusive and undisputable discretion.
9. COMPENSATION FOR DAMAGES
The User undertakes to indemnify and hold harmless Italygate by Mutina Management S.r.l., and/or the suppliers of Services, as well as their executives, managers, staff members or legal representatives in relation to any possible claim for compensation, legal action, demand, collection, loss, damage, fine, pecuniary penalty or other cost or expense of any type and nature, including but not limited to, legal or accountancy costs, placed and/or submitted by third parties as the consequence of the:
(a) infringement by the User of either the present General Terms or the documents and/or materials referring therein;
(b) infringement by the User of any regulatory provisions and/or rights of third parties;
(c) illicit and/or careless and/or imprudent use of this Website by the User.
10. REGISTRATION AND IDENTIFICATION CODES: USERNAME AND PASSWORD
In order to purchase the Services offered, Users shall log in to the Website by following the instructions given. When logging in, at the end of the relevant procedure, Users will receive their Identification Codes (Username and Password).
Users have the exclusive responsibility for the custody, management, confidentiality and correct use of the Identification Codes obtained when logging in, as well as for their unauthorised use. Users undertake to adopt every necessary care aimed at ensuring the confidentiality and correct use of their Identification Codes. Furthermore, Users have the exclusive responsibility for every order/reservation, demand, purchase and/or use of Services made while using their own Identification Codes, and undertake to indemnify and hold harmless Italygate by Mutina Management S.r.l.in relation to any damage compensation or claim originated by the use or misuse of the User´s Identification Codes. Users undertake to notify to Italygate by Mutina Management S.r.l. immediately, by emailing firstname.lastname@example.org, any possible unauthorised use of their Identification Codes as well as of any other infringement of which Users might become aware.
At any time, for technical or safety reasons, Italygate by Mutina Management S.r.l. has the right to change and/or invalidate Identification Codes, while informing the User who shall then follow the instructions received in order to get access to the Website again.
Users state that they filled in the form with their complete and true personal details and they accept full responsibility for any possible false, incomplete or inaccurate information provided. Furthermore, Users undertake to promptly up-date their registered details in order to ensure that they are constantly up-to-date, complete and truthful, while taking full liability for any damage or loss originated by the infringement of these provisions.
11. ACCESS DENIED
At any time and with no previous notice, Italygate by Mutina Management S.r.l. reserves the right to deny access to the Website in the case of either a fraudulent use or a use inconsistent with the regulatory provisions and/or the General Terms.
12. INTERRUPTED OR DISCONTINUED ACCESS TO THE WEBSITE
Access to the Website and Services, as well as to the order and/or purchase of Services, could be interrupted and/or discontinued due to technical reasons of any type, as well as for the occurrence of an unexpected event or a natural disaster. In such an event, Users are not entitled to any claim against Italygate by Mutina Management S.r.l. and in no way is the latter to be held liable for the consequences and/or damages suffered by Users or any third parties as a consequence of the interrupted or discontinued access.
13. LINKS OR CONNECTIONS TO THIRD PARTY SITES/WEBSITES
The Website may contain hypertext connections ("hyperlinks") to websites which are not managed by Italygate by Mutina Management S.r.l.. These links are supplied for your information only, and are intended solely as references.
Italygate by Mutina Management S.r.l. is not responsible for checking or inspecting the contents of third party websites; therefore they are not responsible for the contents and/or material available and/or made public, as well as for the services offered in these web sites. In particular, the services offered therein are in no way to be deemed to be sponsored, shared, or supported by Italygate by Mutina Management S.r.l. and therefore Users will be fully liable for any purchase and other operations performed in relation therein.
In no way does the introduction of links to these websites by Italygate by Mutina Management S.r.l. imply the acceptance by Italygate by Mutina Management S.r.l. of any materials and contents published therein, nor does it imply any other relationship between Italygate by Mutina Management S.r.l. and the holders/managers of such websites.
14. CHANGES IN CONTENTS AND GENERAL TERMS
At any time, at its own discretion and with no obligation to give previous notice to Users, Italygate by Mutina Management S.r.l. reserve the right to introduce any amendments, integrations and/or updates which are deemed to be necessary and/or simply appropriate to the Website, contents, programmes and/or other materials present and/or available therein, including to the General Terms.
Every amendment in and/or update to the General Terms (and/or of other terms and conditions which may be found in the Website) can be notified to Users by Italygate by Mutina Management S.r.l. either through their publication in the Website itself or by another means of communication. After any possible amendment and/or update has been either published in the Website or notified in another way to Users, when a User gets access to the Website he/she will be deemed to have accepted and be bound by these amendments, as starting from the data of their publication and/or communication, even though the User does not have access to the web page on which they have been published.
15. ASSIGNMENT OF THE CONTRACT FOR THE USE OF THE WEBSITE
Henceforth, Users expressly agree to the assignment of the present contract for the use of the Website by Italygate by Mutina Management S.r.l. to any other third party whose name will be notified (also via e-mail) by Italygate by Mutina Management S.r.l. to Users.
For information concerning the processing of the personal details provided by Users when logging in and, afterwards, when getting direct access to the reserved area in the Website, please see the "Privacy" page which is present in the Website in a constantly updated version.
17. SAFETY POLICY
Italygate by Mutina Management S.r.l. has implemented safety technology in order to safeguard Users´ personal details and information, as well as the financial operations performed by Users.
18. GOVERNING LAWS
The General Terms are governed by Italian legislation. If any of these clauses becomes void or non-enforceable pursuant to relevant regulatory provisions, the relevant clause will be replaced by a new effective and enforceable clause which - as far as possible - shall mirror the contents of the original clause, while the remaining part of the contract for the use of the Website will remain valid and effective for the Parties herein.
Every possible controversy concerning the validity, effectiveness, interpretation, and/or implementation of the present contract for the use of the Website will be submitted to the exclusive jurisdiction of the Court of Law of Modena (Italy) with the exclusion of any other legal jurisdiction, with no prejudice, however, for the possible enforcement of intransgressible regulatory provisions, including, if applicable, those set out in the Consumers´ Code.
Pursuant to articles 1341 and 1342 of the Italian Civil Code I specifically accept and approve the contents and terms in the following articles:
Art. 3 Information available in the Website
Art. 4 Copyright, Registered Trademarks and Software
Art. 5 Limited Liability
Art. 6 User´s duties
Art. 7 Use of the Website and access to Services
Art. 8 Restrictions in use of the Website
Art. 9 Damage compensation
Art. 10 Log in and Identification codes: Username and Password
Art. 11 Access denied
Art. 12 Interrupted or Discontinued access to the Website
Art. 13 Links or Connections to Third parties´ Sites/Websites
Art. 14 Changes in contents and General Terms
Art. 15 Assignment of the Contract
Art. 16 Withdrawal
Art. 19 Governing law
Art. 20 Jurisdiction
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