Terms & Conditions
GENERAL TERMS AND CONDITIONS OF CONTRACT (EVENTS AND FOOD TOURS) I. OBJECT OF THE SERVICE AND DEFINITIONS I.1 Gustabruzzo is a company operating in the entertainment, fun and liveability services sector of the territory that offers guided food and wine tours (food tours) and events in selected restaurants or venues (hereinafter “Events“). I.2 For the aforementioned Food Tours, the Company avails itself of the support of individuals (hereinafter “Tour Leaders”) who have the task of guiding the participants. In the case of Food Tours that include visits to sites that are part of the artistic-cultural heritage, the Tour Leader will be a qualified tourist guide. I.3 “Consumer” is defined as anyone who purchases one or more “Services” for non-professional purposes, as well as any person, even if named, provided that they have all the conditions required for the use of the service, on behalf of whom the principal contractor undertakes to acquire the aforementioned service without remuneration. I.4. By purchasing and/or participating in the Services offered by the Company through the website https://www.gustabruzzo.it/ and related subfolders (hereinafter “Site”), the “Consumer” confirms that he/she has read, understood and accepted these general terms and conditions of contract (“General Conditions”) which govern the relationship between the Consumer and the Company for the purchase of Services, of which the Privacy Policy applicable to all Users of the Site is an integral part, which is also understood to have been read, understood and accepted. I.5 This contract can be concluded exclusively through the Site and therefore through the telematic channel called “Internet” with an online sales system called “e-commerce”, through a payment system based on the electronic channel PayPal. The contract is deemed to be stipulated between the Company with registered office in Pescara, via Tirino 233, and the Consumer who makes the online purchase for purposes not related to his/her professional, commercial or entrepreneurial activity (pursuant to art. 3 of the Consumer Code Legislative Decree 206/2005). I.6 The purchase is deemed to be completed upon receipt of a confirmation email and receipt voucher (hereinafter “Voucher”) by the Company and generated at the electronic address booking@gustabruzzo.it (hereinafter “Email address”), containing the details relating to the service purchased and the details of the receipt. The notification confirming the purchase sent by the Company contains the link to these Contract Conditions. I.7 The company reserves the right to modify and/or integrate the General Conditions at any time. Any new General Conditions will be effective from the moment of publication on this html page of the Site, and will apply only to sales concluded subsequently. For purchases already made, the version shown at the link of the aforementioned Terms and Conditions shall apply. purchase confirmation notice. I.7 The Services can be viewed online on the Site through specific information sheets (hereinafter “Catalogue”) or can be requested at the aforementioned email address by asking for a personalized proposal. The Consumer can then purchase the Service corresponding to his/her needs and make the payment for himself/herself or for persons to be nominated. The Consumer will receive, following the purchase, two email messages: one confirming the payment authorization from Paypal and one confirming the order for joining the service and the relative payment by the company via Voucher. II. PRICES Prices are indicated in the Catalogue or via email and, unless otherwise indicated in writing, are to be understood as “VAT included”. III. PAYMENT METHODS The Consumer must follow the payment procedure indicated on the Site. Payment is made via PayPal’s online payment gateway, one of the most widely used tools worldwide for purchasing goods and services via electronic money also due to the security policies adopted (link). At the end of the order the Consumer is directed to the PayPal page. The relative amount The order is charged to the PayPal account or the selected payment instrument at the end of the relevant payment procedure. For each transaction carried out, the Customer will receive a payment confirmation email from PayPal and subsequently a confirmation Voucher from the Company to the email address provided by the Consumer, who hereby authorizes its sending. The contract is considered concluded upon receipt of the confirmation Voucher. The email sent automatically by PayPal is therefore not sufficient to guarantee correct receipt of the order by the Company. The confirmation Voucher from the Company reports the Date and Time of execution of the Service, an identification code ("Subject") to be used in any further communication with the Company and the data entered by the Consumer. The latter undertakes to verify its correctness and to promptly communicate any conditions and changes via email to the contacts indicated in article x (complaints and other communications). The payment currency is the Euro. The company is not liable for any transmission and communication errors from its Site resulting from the technological infrastructure used hosted at VHosing or resulting from the PayPal payment channel. In In the event of failure to receive the email sent by the Company, the service is not to be considered purchased and the Consumer is invited to contact the Company to verify the reasons. During the booking and payment procedure, the Consumer is required to explicitly accept the conditions of use and privacy policies of PayPal (for a description of which please refer to the relevant website http://www.paypal.it), which are independent of those of the Company and which integrate these contractual conditions with regard to payment. In the event of cancellation of the order, the total or partial amount will be refunded, where applicable (ref. art. IV and art. V), on the instrument used for payment by the Consumer on PayPal. Cancellation of the order is possible until the same has not yet assumed the status "Confirmed", subsequently only any refund will be managed according to the methods specified in art. V. In the event of use of the PayPal account, the Consumer can check the status of his order by accessing the personal area and clicking on the item "Account and Order Management". Cancellation of the transaction is requested, in In no case can the Company be held responsible for any damages, direct or indirect, caused by a delay in the release of the amount committed by PayPal. The Consumer's credit card details are managed exclusively by PayPal and are not provided to the Company at any stage of the payment procedure. IV. RIGHT OF CANCELLATION FOR THE CONSUMER AND PENALTIES The Consumer can cancel and/or revoke the purchase by written communication according to the terms specified in the Catalogue and reported on the Voucher corresponding to the purchase. V. CANCELLATION AND VARIATIONS BY THE COMPANY The Company has the right to cancel and/or vary a Service in the following cases: 1. causes of force majeure 2. unforeseeable circumstances 3. for Food Tours, any sudden unavailability of the Tour Leader in the 24 hours prior to the date If the cancellation occurs for one of the aforementioned reasons, the entire sum paid for the purchase will be refunded. In no case can the cancellation lead to the request of damages by the Consumer or additional compensation with respect to the amount paid. The communication of any cancellations and/or changes will be carried out as soon as possible by the Company via the contacts (email and any telephone) specified by the Consumer at the time of purchase on PayPal. Even in the event of failure to contact the Consumer or notification close to the execution of the Service, only the amount paid will be refunded. VI. RIGHT OF WITHDRAWAL The Consumer's right of withdrawal is excluded pursuant to art. 55, paragraph 1, letter b), of Legislative Decree 6/9/2005 number 206 (consumer code), without prejudice to the applicability of the cancellation right referred to in the previous article IV. VII. CONSUMER OBLIGATIONS AND GUARANTEES PROVIDED During the performance of the Services, participating Consumers must be equipped with valid identity documents and must also comply with behaviors consistent with shared civic rules, in compliance with state, regional and/or local rules and regulations. The company and the Tour Leaders reserve the right to exclude from the Service Consumers who do not comply with the aforementioned rules of common civil life, according to their own personal and unquestionable subjective judgment. The Consumer guarantees, assuming all inherent responsibility and holding the Company and its Third Parties involved in the provision of the Services harmless from any prejudicial consequences, that their data, provided upon acceptance of these contractual conditions, are truthful and allow the identification of the true identity of both the purchasing Consumer and the Consumer participating in the Services who also undertake to immediately inform the Company in writing by email of any change in the data provided. The Consumer buyer, in the case of purchase for a person to be named, undertakes to inform the Consumer participating in the Services of these General Contract Conditions which are deemed to have been read, understood and accepted by the latter. VIII. LIMITATIONS OF LIABILITY The Consumer declares to be in good health and not to suffer from minor or serious physical or mental illnesses, dysfunctions or disabilities that would expose him/her to being susceptible to damage or disability in the execution of the activities offered by the Company. The Consumer fully understands and accepts all risks associated with his/her participation in Food Tours and Events, which may include, by way of example and not limited to, exposure to adverse weather conditions, theft, indigestion, consequences due to food intolerances, injuries (only by way of example those caused by inappropriate behavior of the Consumer or other participants, by cars, other means of transport or by pedestrians). The Consumer releases to the Company and the Company receives, the irrevocable right to use, directly or indirectly through third parties, photographs, images and/or videos taken during the Services for all commercial and non-commercial purposes without any obligation or compensation for the Consumer, except for the Consumer's right to explicitly request not to be filmed or to move away from areas subject to photographic, video or other types of filming. The Consumer's participation in the Services is at his/her own exclusive risk. The Consumer, now and forever unconditionally releases the Company, its members, directors, collaborators, partners and suppliers from any liability, for all complaints, actions, damages, debts, costs and expenses in any way arising or induced by participation in the Services, even if caused by negligence, imprudence and/or incompetence of the Company or any other party involved by it. The Company is not liable for any damage caused by the Consumer to people and/or things (including artistic goods) and/or places (including places where food and/or drinks are served) due to voluntary or accidental behavior. The Company assumes no responsibility for any errors or omissions contained on the Site and reserves the right to make changes to it. Texts, photographs, images and videos shown on the Site are purely for illustrative purposes and may differ from the service. Consequently, the Company cannot be held liable for any errors arising from this illustrative information. The Company also guarantees the correspondence of the place of the appointment, time and duration of the service. No point of these limitations of liability may be eliminated or modified without the explicit written consent signed by the Consumer and a titled representative of the Company (member and/or director with the required powers). IX. COMPLAINTS AND OTHER COMMUNICATIONS For complaints, information, suggestions and other types of communication, the preferred contact is via email to the Company's email address at point I. In the case of using communications in PEC (Certified Electronic Mail) mode, the Consumer accepts that the notice and communications relating to all online services are carried out by the Company in electronic email format (electronic mail), recognizes its full validity and expressly waives from now on to disavow the content of the declarations sent and/or received in electronic format. X. APPLICABLE LAW This contract is subject to Italian law. The language of this contract is Italian and reference is made to this also for versions translated into other languages for illustrative purposes only. Pursuant to Legislative Decree 206/2005, for civil disputes regarding the validity, effectiveness and execution of this contract, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the Consumer, if located in the territory of the Italian State or the Court of Rome if located outside the Italian State. Pursuant to articles 1341 - 1342 of the Civil Code, the Consumer declares to have read and specifically accept the clauses set out in the following articles of the Gustabruzzo online service: art. III Payment Methods, art. IV Consumer's right to cancel and penalties, art. V Cancellation and variations by the Company, art. VI Right of withdrawal, art. VII Consumer obligations and guarantees provided, art. VIII Limitations of liability, art. IX Complaints and other communications, art. X Applicable law.