- Triscovery Srl a Sole Shareholder and subject to the management and coordination of Letyourboat S.r.l., is the company that conceived and manages the electronic Triscovery platform (the Platform) which allows Buyers and Nautical Operators to be put in contact, in order to offer, book, sell and buy daily nautical services, or more generally daily activities to be enjoyed in free time (Activities), made available by third parties (Nautical Operators) through the Triscovery websites and the mobile applications connected to it.
- For Users means the Boat Operators and buyers, as further specified below;
- The Nautical Operator is the company, the association or the natural person who accepts the Terms and Conditions of Use, specified below, has access to the platform and is interested in the conclusion of the sales contracts with the Buyers, the 'Nautical operator also professionally exercises the activity of supplying nautical services;
- The Buyer is the natural person over 18 years (B2C Buyer) or the company (B2B Buyer) who accepts the Terms and Conditions of Use, specified below, has access to the platform and is interested in concluding the contracts buying and selling with nautical operators;
- Triscovery Srl also offers the use of the Platform to manage reservations, naval fleet and communications, as well as payments through a Third-Party Payment Institute.
- The Third Payment Institute is Lemon Way, a simple joint stock company according to French law, registered under the number SIREN 500 486 915, whose registered office is located at 15 rue de la Beaune, 93100 Montreuil, France (hereafter called ' Lemon Way '), registered at ACPR, France, 61 rue Taitbout 75009 Paris, website ( http://acpr.banque-france.fr/ ), as Payment Institute, with the number 16 568 J.
- Triscovery Srl, as owner and supplier of the e-commerce platform, facilitates transactions between the parties, but is not directly involved in transactions between the buyer and the nautical operator, therefore, although it selects carefully the nautical operators, it does not have control over the quality of the activities , on the safety, on morality or legality, on the truthfulness̀, the accuracy of the Activities and content exchanged and / or published by the Users on the Platform.
- Triscovery Srl does not assume any responsibility regarding the sales contract and its execution and does not act as an agent of the Nautical Operator.
- Trisovery Srl provides the functionalities of the site when you visit or proceed to purchase on the Triscovery.com website, using the Triscovery Platform; registration on the Triscovery.com website also allows you to download Triscovery applications for mobile devices or software provided by Triscovery in relation to any of the previous activities.
- The Commission is the cost that Triscovery charges to the Nautical Operator for the use of the Platform, applied to every purchase by the Buyers and calculated as a percentage of the Price of the Activity.
- The Activity Price is the sum owed by the Buyer to the Nautical Operator against the use of the Activities. The amount of this price is determined exclusively by the Nautical Operator. The Price of the Activity is intended as all-inclusive of any taxes (e.g. VAT), as well as tax and social security contributions that will remain at the expense of the Nautical Operator;
Triscovery Srl provides the use of the platform to the following Terms and Conditions (General Conditions of Use of the Platform ).
- GENERAL CONDITIONS OF USE OF THE PLATFORM
To access the Triscovery Platform, register on the Triscovery.com site;
Triscovery.com offers a wide range of functions, therefore you may be subject to additional terms and conditions and / or third parties.
A) ELECTRONIC COMMUNICATIONS
When the User uses the Platform or sends e-mails to Triscovery.com, he communicates with us electronically. Communications will be made with the User by e-mail or by publishing notices and communications on the site. Without prejudice to the specific mandatory legal provisions, for the purposes of this contract, the User agrees to receive electronic communications from us and acknowledges that all the contracts, notifications, information and other communications we provide to him in electronic form they satisfy the requirement of the written form, when required by law.
B) COPYRIGHT, RIGHTS ON DATABASES AND CONTENTS
All contents present or made available through the Platform in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases are the property of Triscovery Srl or of its content providers and are protected by Italian laws and international laws on copyright and database rights.
It is not permitted to systematically extract and / or reuse parts of the Platform without the express written consent of Triscovery Srl. In particular, it is not allowed to use Data Mining, robots or similar acquisition devices to extract or reuse any substantial part of the Platform, without our express written consent. The User cannot even create and / or publish his own database which reproduces substantial parts (e.g. prices and activity lists offered) of the Triscovery Platform without the express written consent of Triscovery Srl
It is not permitted to download and re-use text and photographic material produced by Triscovery Srl without the express written consent of Triscovery Srl and the contents eventually authorized and used by the Users must clearly report the author (Triscovery) and redirect to one of the pages of the Triscovery site .com
We are aware of the fact that Triscovery Srl has no control and has no obligation with respect to:
- which Users access the Platform;
- what content is accessed through the platform;and to what effect the contents can have on the User;
- how the User can interpret or use the contents;what actions could be taken as a result of the exposure of the contents.
By accepting these General Terms and Conditions of Use, Triscovery Srl is exempted from all the responsibilities connected with the acquisition or non-acquisition of the contents accessible through the Platform.
The contents of the Platform may contain information which could be considered offensive and / or inappropriate by some people. Triscovery Srl is not responsible for the accuracy of the information, descriptions and recommendations available through the Platform.
The graphic material, the logos, the page headers, the icon buttons, the characters and the brands included or made available through the Platform are trademarks or distinctive signs of Triscovery Srl
The trademarks and distinctive signs of Triscovery, deposited at the EUIPO (European Union Intellectual Property Office responsible for managing European Union trademarks and registered Community designs), cannot be used in relation to products or services that are not of Triscovery, in such a way as to cause confusion among the Users or in any way that could denigrate or discredit Triscovery. All other trademarks not owned by Triscovery Srl appearing on the Platform are the property of their respective owners, who may or may not be connected, connected to Triscovery or sponsored by Triscovery.
D) LICENSE FOR USE OF THE PLATFORM
Provided that the User respects these General Terms and Conditions of Use, Triscovery Srl or its content provider grants a limited, non-exclusive, non-transferable and non-sublicensable license to access the Platform.
This license does not include any right to resell the contents, nor the right to collect and use lists, descriptions or prices of Activities, make derivative use of the Platform or contents, make any type of download or copy of account information for the benefit third parties or use Data Mining, robots or similar data acquisition and extraction devices.
It is not possible to reproduce, duplicate, copy, sell, resell, visit or in any other way use the Platform for any commercial use without our express written consent. It is not possible to proceed with framing or use framing techniques to unduly appropriate any trademark, logo or other proprietary information (including images, text, page settings, or format) of Triscovery in the absence of an express written consent on our part. It is not possible to use any meta tags or any other "hidden text" using the Triscovery name or trademarks without our express written consent.
The User must not misuse the Platform. You can use the Platform only within the limits set by law. Violation of these General Terms and Conditions of Use will result in the revocation of the authorization or license issued by Triscovery Srl
- FUNCTIONING OF THE PLATFORM
Triscovery Srl carefully selects the Nautical Operators who can register on the Triscovery.com site and the relative contents. Triscovery Srl reserves the right not to accept the registration of companies or legal entities that do not respect certain criteria of quality of the Activities and of honesty and commercial transparency. Triscovery Srl's judgment regarding the selection of the Nautical Operators is unquestionable.
The functions offered by the Platform are the following:
A) SPONSORSHIP OF THE NAUTICAL OPERATOR
The Nautical Operator on the Triscovery.com website may present its Activities according to a "virtual showcase", consisting of audio-visual content (e.g. photos, video and audio) and textual content (e.g. description of Activities). These contents are created autonomously through the Activity management panel. Any other content owned by the Nautical Operator that is made available to Triscovery Srl for publication on Triscovery pages or on the different channels managed by Triscovery Srl (pages and profiles on social networks etc.) tacitly implies the release to Triscovery Srl of full authorization to use with wide release and indemnity, also at an economic level.
All contents must be previously approved and checked by Triscovery Srl, who can suggest and / or modify the contents before publishing them on the site so that all the Nautical Operators have commercial visibility. Triscovery Srl also makes available to the Nautical Operators a service of photo shooting and eventually video shooting for the Activities, of which it preserves the intellectual property as well as textual composition in optical SEO.
B) "MARKETPLACE" BUSINESS TRANSACTION
The Triscovery Srl company offers Triscovery.com as a virtual platform for the meeting of Nautical Operators and Buyers in order to favor the meeting between demand and supply of nautical services ( Activities ).
The Buyer can book and buy directly through Triscovery.com the activities published on the site.
The Nautical Operator automatically accepts the Buyer's reservation based on the Availability entered independently through its own control panel. The automatic acceptance of the reservations is subject to the Availability and the Times configured by the Nautical Operator. The Boat Operator carries out all the operations necessary for the execution of the Activity purchased by the Buyer.
By way of example, assuming the booking of a "daily mini-cruise excursion", the Nautical Operator undertakes to allow access on board the mini-cruise by the Buyer and to guarantee the use of all services included in the offer purchased by the Buyer.
Failure to make the booking due to the unavailability of the sold Activity or serious and continuous impossibility to provide the Sold Activity, as well as excessive delay in the execution of the Activity, leaves full right to Triscovery Srl to show the percentage of reservations characterized by anomalies (e.g. relationship between canceled reservations and received reservations), to show the average delay in the execution of the Activity and if these metrics are not in line with the averages found on the Platform, to cancel the Operator's account.
Note that The Nautical Operator has at his disposal a simple and intuitive tool to make visible or invisible online the Assets object of sale. In order to avoid negative judgments or exclusion from the Platform, the Nautical Operator must make invisible the Activity no longer available and therefore inhibit the Buyer from being able to buy it.
Please note that the Buyer within 24 hours of using the Activity has the right to report any problems and initiate a complaint or reimbursement procedure in the manner provided by the Platform .
It should be noted that, for the purposes of correct management, reimbursement requests must be formalized following the official procedure established by Triscovery Srl in the specific section of the Purchaser's panel accessible through the data (e-mail and password) of the Buyer himself; in the absence of formalization, reimbursement requests cannot be coordinated by the Triscovery team.
After 5 days from the start date of the Activity, in the absence of a claim or refund request, Triscovery will make the amount of money related to the transaction visible to the Operator. The Nautical Operator will receive, by means of an automatic transfer order, after 5 (five) days from the date of delivery of the Activity, the amounts of money, if positive, deriving from its commercial action on Triscovery, net of applicable commissions and costs.
The invoice for Triscovery Commissions will be made available in the Billing Section of the Operator's control panel.
The sum made available to the Nautical Operator will be reduced: (i) of the commission for the use of the Platform equal to 18% + VAT which is equivalent to a deduction of 21.96% of the amount transacted, where applicable (ii) any costs emerged ex post relating to bookings whose monetary sums have already been made available previously by Triscovery Srl to the Nautical Operator; (iii) other costs documented and agreed in communications with the Nautical Operator, such as, by way of example but not exhaustive, provision of marketing services to facilitate the marketing of the Activities of the Nautical Operators (iv) of any expenses imposed by the Issuing Companies of the Credit Cards regarding requests for reimbursement or reversal of the amounts charged on the Buyers' Credit Cards (so-called Chargeback).
Simultaneously with the crediting of the amount made available to the Nautical Operator, Triscovery Srl will issue an invoice for the amount of the Commission charged to the Nautical Operator.
Triscovery Srl is not responsible for the transaction, for any fraudulent use of the Credit Cards, for the quality of the Activities provided by the Nautical Operators, and will assess, through its internal team, any complaints and refund procedures.
B.1 - THE USER'S CREDENTIALS
The e-mail address and password that the User chooses will be used to access and use the Platform and to send communications. The password and any access key or other access credential are the "Credentials". The User is required to maintain the secrecy and security of their Credentials. The User cannot communicate his / her Credentials to third parties (who are not authorized to use the Account).
The User initiates transactions using his Credentials. After consenting to a payment authorization or a reservation, the User may not revoke the authorization or otherwise revoke the consent to the execution of the transaction. If the Credentials are compromised, the User is required to promptly notify us by writing firstname.lastname@example.org , in order to be able to suspend the Account on our Platform and avoid unauthorized transactions.
B.2 - PERMISSIBLE USE
The User is obliged to observe all the regulations, rules and regulations applicable to the use of the Platform, including by way of example, our rules of use described in this contract. Notwithstanding the foregoing, the User cannot act as a payment service provider, intermediary, service agency, or otherwise resell the use of the Platform on behalf of third parties, for example, handling, processing and transmitting funds on behalf of third parties.
C) LEMON WAY PAYMENT SERVICE
Triscovery Srl, although not involved in commercial transactions, provides its Users, through the Platform, with an agile and secure payment system provided through the Lemon Way Payment Service.
The Terms and Conditions of Use of the Lemon Way Payment Service may, at any time, be consulted on the Lemon Way website (https://www.lemonway.com). The aforementioned conditions govern the way in which Lemon Way opens a Payment Account for the Nautical Operator and provides its payment services. The User is required to read these conditions carefully before accepting them.
In the case of payment transactions not recognized by the Purchaser, the latter must follow the procedure established by each Credit Card Issuing Company as regards the rules for reimbursement and / or reversal of transactions that have already taken place (so-called Chargeback), excluding any liability on the part of Triscovery Srl, which in the context of this commercial relationship is limited to putting in contact the Nautical Operator and the Purchaser, but is extraneous to the conclusion of the deal.
For the purposes of requesting reimbursement or reversal of payments made through the Credit Card or similar services, the Nautical Operator is equated here with the discipline of the Commercial Entrepreneur and any disputes and / or requests for useful documentation must be held against it. for the purposes of requesting reimbursement or reversal of the amounts disputed by the Purchaser.
The prices entered by the Nautical Operators on the Platform are per person, unless otherwise specified. The prices on the Platform are in Euro, any conversion of the price into different currencies is done automatically and does not correspond to the rate charged to the Buyer's credit card which may vary according to the different exchange rate applied by the Card Manager Credit and any fees charged for the exchange service.
The sum of money relating to the concluded transaction is retained and kept by the Third Way Lemon Way Payment Institute and released, net of commissions, after 5 (five) days from the Buyer's use of the Business, with express authorization to do so by Users who, by signing and accepting these General Terms and Conditions of Use and the Terms and Conditions of Use of the Payment Service () recognize Lemon Way, as Technical Intermediary in the name and on behalf of Users , mandate pursuant to art. 1704 of the Civil Code for the management of receipts and economic transactions according to the Terms illustrated here and in compliance with the management of cancellations and complaints pursuant to point E) and F), reported below.
The Operator accepts that the payment made by a Buyer through Lemon Way will be considered as a payment paid to him directly.
C.1) THE NAUTICAL OPERATOR ACCOUNT
C.1.1 - DIFFERENCE BETWEEN "PAYMENT ACCOUNT" AND "BANK CURRENT ACCOUNT" OF THE NAUTICAL OPERATOR
For the Boat Operator the "Payment Account" is not his bank account, but a software for managing his transactions. To use the Payment Service, the Nautical Operator requires a "Payment Account" to be associated with its own bank account.
The "Payment Account" of the Nautical Operator is activated together with the registration to the Platform (creation of an Account, as defined below) and is governed by the provisions of this Agreement. In its control panel the Nautical Operator can set the bank details of his bank account on which to receive the amounts related to the transactions following the conclusion of the same.
The opening of the "Payment Account" does not entail any cost for the Nautical Operator.
C.1.2 - SUITABILITY TO BE ABLE TO USE THE PAYMENT SERVICE
To use the Payment Service the Nautical Operator and the Buyer must provide complete and correct registration data and in the case of registration of a natural person (e.g.: B2C Purchaser), the User must be at least 18 years old. For the Nautical Operator who registers as a legal entity, the company, the company, or the activity must have been established and authorized to operate in one of the countries we support, indicated on our Sites at the time when the Account opening. In order to be able to open and maintain an account the operator must meet our eligibility requirements. All the activities carried out through an Account are considered by us as made by the registered User. It is not possible to use the Account on behalf of other natural or legal persons. In the event of changes, the User is required to promptly update the registration data, so that they are always complete and correct. We reserve the right to refuse to allow or interrupt the use of the Platform to natural or legal persons, and to terminate the Account of legal entities, at any time and for any reason.
C.1.3 - ACCOUNT OF THE NAUTICAL OPERATOR
The creation of an Account for the Nautical Operator requires the creation of a "Payment Account" and the reporting of an own "bank account". The operator may use an account only to sell services related to his business. The Nautical Operator is obliged to provide us with his contacts and invoicing details (e.g. company name or reason, address, telephone number, e-mail address, VAT number).
C.1.4 - THE ROLE OF TRISCOVERY
Except for our activity of management and updating of the Platform, we are not involved in the underlying sales operations that intervene between Nautical Operators and Buyers.
The User authorizes the Third-Party Payment Institution to withhold, receive and disburse funds in accordance with its payment instructions. We are neither Buyers nor Nautical Operators of the Activities that are for sale on Triscovery, and we are not part of the sales contract. We will not carry out mediation activities in the event of legal disputes between the Nautical Operator and the Purchaser or we will operate or execute any sales contract.
The Boat Operator is responsible for all sales that take place through the Platform. Our name and / or name of the Third-Party Payment Institute may appear on the Purchaser's Card statement and may also carry, at our discretion, the name of the Activity or the name of the Nautical Operator.
The obligation of a Buyer to pay for an Activity purchased through the Platform is fulfilled when the Buyer pays correctly and entirely this Activity, without prejudice to the possibility of Triscovery Srl to cancel at any time the reservations if it finds actions contrary to the regulations relating to use of the Platform and promotions.
We are not trustees or trustees of the Purchaser or the Nautical Operator. We may use the services of one or more payment service providers and / or financial institutions (each defined as a "Supplier") to allow the use of the Platform and process transactions.
C.1.5 - CHECK KYC (Know Your Customer)
We can ask Nautical Operators to provide additional information to allow Lemon Way to verify the identity and / or identify the existence of the company as a necessary condition or before allowing the Nautical Operator to receive funds on its "bank account" .
We will be able to carry out, directly or through third parties, the assessments that we deem necessary to validate the information that the Nautical Operator provides, including, by way of example, verification of commercial databases.
Even if we can take measures to verify the identity of our Nautical Operators, we cannot guarantee, and we do not guarantee, the identity of any Nautical Operator. We are not required to take measures to verify the identity of other Triscovery Platform Users.
C.1.6 - ACCOUNT LIMITS
Use of the Platform may be subject to Account limits, including, but not limited to, transaction volume limits or withdrawal restrictions. These limits are set based on performance and risk factors, including, by way of example, the assessment of the risks associated with the User's Account, the location of the same. Notwithstanding the limitations of the Account, we may delay, suspend or refuse a transaction, at any time, by a Buyer or otherwise suspend an Account, in the event that we deem a transaction or use of the unauthorized Account is occurring, fraudulent, suspicious or unusual, given the transactions that took place in the past and anti-fraud checks.
C.2) RECEIVING PAYMENTS
C.2.1 - ACCEPTANCE OF FUNDS
The Boat Operator may use an Account only to accept payments from Buyers who have purchased Activities sold through the Platform. The Boat Operator will receive the funds in their Payment Account as consideration for the sale of the Activities through the Platform. The issue and transfer of the sums to the "bank account" of the Nautical Operator will take place in the manner established in section 2 at point C) - Lemon Way Payment Service.
No interest or other sums will be paid to the Nautical Operator on the funds held on the Payment Account. The funds held on the Payment Account are not considered as deposits, therefore the Nautical Operator is not protected by deposit guarantee programs.
C.2.2 - PAYMENT METHODS ACCEPTED
The Boat Operator may only receive payments on his / her Payment Account that are made through accepted payment methods, including credit cards, other payment cards ( Cards ) marked with the logo of the circuits or Supported Issuing Companies (the Issuers ) and bank transfers banking. We can remove or add cards or other payment methods accepted at any time without notice. Only Cards that receive an authorization from the relevant Issuer are processed.
C.2.3 - PROCESSING OF TRANSACTIONS
In accordance with the provisions of this Agreement, the Third-Party Payment Institute processes payments and refunds for transactions sent through the Platform. The Boat Operator is responsible for the sales he makes using the Triscovery Platform. The payment institution may refuse to process any of the transactions it suspects of being fraudulent, unlawful or otherwise contrary to the provisions of this Agreement.
C.3) PAYMENT TERMS
C.3.1 - COMPENSATION AND DAMAGES
To the extent permitted by law, we may offset the balance available on the Nautical Operator's Payment Account with any amounts due in our favor pursuant to this Agreement ( Withholding ). All deductions will be debited when we process a transaction and will be made to the balance of the payment account of the operator.
If the amount of the sums due by the Nautical Operator exceeds the available balance on the Payment Account, the Nautical Operator must provide for the full payment of the Withholdings on receipt of our invoice. In addition, all costs associated with the recovery of the sums due in addition to the amount recovered, including but not limited to fees, will be borne exclusively by the Nautical Operator, who must provide for their payment upon receipt of the relevant invoice. legal fees, debt collection agency fees and any applicable interest.
C.3.2 - PROCESSING ERRORS
In case of errors in the processing of a transaction, the Nautical Operator authorizes to dispose of debits or credits on the respective Payment Account, as appropriate, to correct these errors, provided that this is done in compliance with the applicable laws and regulations .
C.3.3 - TAXES
The Boat Operator is required to calculate all applicable taxes and duties, including but not limited to sales, consumption, transfer taxes, value added tax, withholding taxes and other taxes and / or duties ascertained, incurred or to be collected, paid or withheld for any reason, or otherwise inherent in any action or omission on the part of the Nautical Operator or their respective employees, agents, contractors or representatives.
The Nautical Operator is also required to calculate, charge, declare and pay the Taxes due to the competent tax authority, we will not be required to establish the applicability of the Taxes, nor will we have any responsibility in relation to the calculation, the charge, the declaration or payment to the tax authorities of the Taxes arising from a transaction.
C.3.4 - MANAGEMENT OF TAX DOCUMENTS
The Nautical Operator in possession of a VAT number must issue a regular invoice or receipt to the Purchaser for the amount due (price of the Activity), without the intervention of Triscovery Srl
D) CANCELLATION OF THE RESERVATION BY THE NAUTICAL OPERATOR
Given that the Nautical Operator may cancel and update, without any penalty, the Availability of the Activities not yet booked by the Buyer.
It is agreed that the Nautical Operator is allowed to cancel the reservations, automatically confirmed and paid on the Platform, only in case of justified reason related to causes of force majeure, such that the Activity is not usable.
By way of example we mean exclusively those extraordinary cases that go beyond the reasonable control of the Nautical Operator, such as for example: adverse weather conditions, natural disasters, interruption of fuel supply and strikes. The particularity of these events allows the Nautical Operator to be able to cancel reservations through his panel starting 24 hours before the time and the date of the start of the Activity.
In the event that the Nautical Operator exercises this right, and for the proposed Activities, reservations have already been made by a Buyer, the latter will be fully refunded for the sum paid as a consideration at the time of booking.
The Nautical Operator undertakes to report the Activity as not performed through its control panel, specifying the causes of force majeure intervened. Triscovery reserves the right to implement all the necessary checks in order to prevent any fraudulent behavior towards Users.
Furthermore, in the event that the Nautical Operator is unable to provide the booked Activity on the same day, he undertakes to propose to the Buyer further proposals aimed at the use of the Activity in an alternative manner, for example change of the processing date using the voucher sent by Triscovery following the first booking.
If, as a result of this communication, the Buyer renounces his reservation and does not want to take advantage of other Activities offered by the Nautical Operator, he will be entitled to reimbursement of the entire amount paid.
The Boat Operator agrees to accept the Refund request that will be requested by the Buyer through the platform's automated system.
E) CANCELLATION OF RESERVATION BY THE BUYER
Pursuant to Article 59 of the Consumer Code, paragraph 1 letter. n), the Nautical Operators, in the recording of their own Activities, can exclude the right of withdrawal by the Buyers, or the Nautical Operator during the creation of the Activity Sheets can select the Option "Non-cancellable reservation" and the same Option will be highlighted during the vision of the Card by the Buyer for a correct information of the purchased Activity.
However, in the event that the Nautical Operators derogate from the provisions of art. 59 of the Consumer Code, the Purchaser is entitled to cancel his Reservation in the ways and times indicated in point E.1.
E.1. CANCELLATION WITHIN 72 HOURS
The Buyer who books an Activity on the Platform has the right to cancel the reservation already paid, by accessing his own reserved area, within 72 hours of the time and the date on which the Activity was started.
The exercise of this faculty within the indicated terms implies the obligation for Triscovery Srl to immediately update the availability of the Activity on the Platform, allowing other Buyers to be able to make the reservation. The Buyer who cancels his / her reservation within the indicated deadline will be entitled to the total refund of the amount paid, excluding the transaction management fees quantifiable in 10% of the total amount transacted.
E.2. CANCELLATION OVER 72 HOURS
The Buyer who, after having booked an Activity on the Platform, by accessing his reservation, cancels it beyond the deadline indicated in the previous point E.1., Will lose all rights, including the reimbursement of the consideration paid at the time of booking.
In the event of this occurrence, Triscovery Srl will apply the full vacuum, invoicing its own commission to the Nautical Operator. The Boat Operator will be entitled to receive the payment collected at the time of booking, net of Triscovery Commissions and nothing will be due to the Buyer.
F) COMPLAINTS MANAGEMENT AND REFUND REQUEST
The Buyer who considers that he has suffered a Criticality on the part of the Nautical Operator, i.e. when the latter:
- does not appear in the place and date agreed for the Activity;
- realizes a completely discordant Activity from what described on the offer.
The Purchaser is given the opportunity to report a Complaint with a concurrent Refund request within 24 hours of the start of the activity, due to serious breaches by the Nautical Operator in the execution or non-execution of the booked activity.
The request for reimbursement with the reasons will be automatically forwarded to the operator who, having assessed the request, will accept or deny the refund no later than 48 hours from the notification of the opening complaint.
After 48 hours, the Reimbursement request is tacitly accepted by the Nautical Operator and the Buyer will be entitled to the total refund of the amount paid.
Triscovery undertakes to promptly notify by e-mail any requests for a complaint in order to facilitate the correct management by the Nautical Operator itself.
Triscovery is not responsible in the event that the Nautical Operator decides to deny the Buyer Refund by not acknowledging the reasons produced by the Buyer. By denying the Complaint, the Nautical Operator assumes all responsibility for any claims made by the Purchaser.
In the event that the Buyer becomes responsible for Criticality: i) not appearing at the place and date agreed for the Activity; ii) arriving later than 15 minutes after the start of the activity; iii) prematurely concluding the Activity on his own choice, he will not be entitled to any Reimbursement.
G) "CONNECT" MANAGEMENT
The boat operator who intends to equip his organization with a digital application capable of synchronizing the management of his online and offline sales network, can activate the Connect module. The activation of the Connect module implies the complete acceptance of these terms and conditions by the nautical operator and by the subjects that make up its online and offline sales network.
The additional functions provided by the Connect module allow the boat operator to manage his sales network offline and online, as well as his own affiliation processes stipulated with third parties.
The activation of the Connect module automatically entails the reduction of the commission for the use of the Platform to 16% + VAT, which amounts to a deduction of 19.52% of the amount transacted.
Thanks to the Connect module, the boat operator can integrate the algorithm relating to the Triscovery Booking Engine on his website or on his Social Web pages, the transactions concluded through the Booking Engine discount a reduced commission of 4% + VAT which amounts to a deduction of 4.88% of the amount transacted.
All the functions provided by the Connect module for the management of the offline sales network and the affiliation processes with third parties do not involve costs for the nautical operator or for third parties authorized by it.
The Affiliation processes are commercial collaboration agreements between nautical operators and third parties, through which the nautical operators recognize a commission on the transactions concluded through third parties. Since these are regulated commercial relationships between nautical operators and third parties, Triscovery is not involved in the definition of such agreements, therefore the regulation of the agreed obligations rests with the parties involved.
- THE RESPONSIBILITY OF TRISCOVERY
We will do our best to ensure that access to the Platform is provided without interruption and that transmissions take place without errors. However, due to the nature of the Internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. In addition, your access may also be occasionally suspended or limited to allow repair, maintenance or new functions to be carried out. We will try to limit the frequency and duration of these suspensions and limitations.
You will make use of the Platform made available by Triscovery Srl in the knowledge that the latter does not guarantee anything regarding the identity, legal capacity, seriousness of intent or other characteristics of the advertisers, the quality, lawfulness and security of the Activities subject of the offers, the truthfulness and accuracy of the descriptions provided.
Triscovery Srl also does not guarantee the success of transactions.
The User also assumes all responsibility for any damage that may arise to your computer system from the use of the Platform. By using the Platform, with prior consent for the purposes of Privacy as per the specific form, the User can receive from third parties advertising material to whose origin and content Triscovery Srl is completely foreign and for which no responsibility is assumed.
Triscovery Srl will not be responsible for (i) losses that are not a result of our breach of these General Terms and Conditions of Use or (ii) for any loss of business opportunities (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses) or (iii) any other indirect or consequential loss that was not reasonably foreseeable, either by you or by us, at the time you started using the Triscovery Platform.
We will not be liable for any delay or non-fulfillment of the obligations set forth in these general conditions if the delay or failure results from unforeseeable circumstances or causes of force majeure. This provision does not affect the rights of the Buyers deriving from the law and in particular the right to use the booked Activities within a reasonable time or to be reimbursed in the event of failure to provide the booked Activity due to circumstances arising from unforeseeable circumstances or for reasons of force greater.
The legal provisions in force in some states may prohibit the limitations of liability now indicated. In the event that these provisions are applicable, the limitations of liability now indicated will have no effect and further rights may be recognized to you.
3.1 - LIMITATIONS OF LIABILITY
Within the limits set by the applicable law, we and our respective employees, directors, agents and representatives decline any responsibility for indirect, incidental, punitive or consequential damages deriving from or connected with this contract, the site and Triscovery materials or the use of the Platform ( including the inability to use the Platform).
Furthermore, and without prejudice to the foregoing, to the extent permitted by applicable law, we and our respective employees, directors, agents and representatives do not accept any liability for damages arising from or connected with the purchased Activities or the transactions entered into through the Platform.
Without prejudice to the provisions of these Terms and Conditions of use and within the limits provided by the applicable law, in no case shall the aggregate liability of us or our respective employees, directors, agents and representatives deriving from or connected to this contract or the transactions contemplated herein, by contract, unlawful act (including, for example, liability for fault or damage), guarantees, or for any other reason, may exceed the amount of Commissions we obtained in connection with the use of the Platform in the three (3) months immediately preceding the event that gave rise to the claim.
Notwithstanding the foregoing, in no event shall we be held liable to you for breaches or delays on our part (or our employees, agents or representatives) in the performance of the obligations set forth in this Agreement, in cases where such failure or delay is due to unusual and unforeseeable circumstances beyond our control and the consequences of which could not have been avoided despite all reasonable efforts to prevent them, or in cases where we are bound by other obligations by applicable law.
The laws in force in some states or jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of compensation for certain damages. In the event that such laws are applicable, some or all of the exclusions or limitations of liability may not apply, and you may have rights beyond those provided for in this Agreement. Our liability is limited to the maximum extent permitted by law.
3.2 - COMPENSATION
It is required to defend, indemnify and indemnify us and our respective employees, directors, agents and representatives from and against any dispute, cost, legal action, dispute or claim and from any loss, damage, liability, provision, sanction, interest and expense (including, by way of example legal fees) arising from disputes, legal actions, investigations, investigations, or other proceedings brought by any person in relation to: (a) an ascertained or possible non-fulfillment by you of the declarations, guarantees or the obligations under this Agreement, including, by way of example, violations of our Policies; (b) ascertained or possible injury, usurpations or violations of the rights of third parties or of the applicable laws deriving from its use of the Platform; (c) your use of the Platform; (d) a transaction you sent through the Platform.
- SUBJECT USERS OF THE PLATFORM
Triscovery Srl identifies the following macro-categories as users of the Platform ( Triscovery Users ):
a) Nautical operators: the company, the association with legal personality or the natural person operating in the nautical sector. In possession of the necessary authorizations to represent the legal person using the Platform and have the licenses, certifications and permits necessary for the provision of nautical services as established by the Italian law and by the community law or by the applicable local law.
b) B2C buyers without legal personality: to be considered natural persons and therefore not endowed with legal personality and specifically all potential visitors of Triscovery.com;
c) B2B buyers with legal personality: to be considered exclusively subjects with legal personality who operate specifically as users of the Activities.
When registering on the site Triscovery will have to choose to enroll in one of the categories of subjects indicated above, undertaking to respect the obligations relating to each of the above-mentioned categories.
Given that Triscovery takes care of the creation of content internally, it can, with the express written consent of the Boat Operator, create the account in order to facilitate and speed up registration on the Operator's Platform. The Marine Operator accepts these General Terms and Conditions of use after the first access and through the use of the Platform.
The Boat Operator and Triscovery Srl are independent and independent legal entities. Nothing contained in the Contract can be interpreted in such a way as to suggest that between the Nautical Operator and Triscovery Srl exists or has been constituted in an association, a joint venture, an agency or franchising contract, a contract of mandate, a relationship of representation, of subordinate work or other equivalent control, representation, subordination or coordination relationship
Triscovery Srl is not an auction house, nor does it act as an intermediary between the Buyer and the Nautical Operator.
The Boat Operator has no powers to make statements, formulate or accept proposals offered in the name and / or on behalf of Triscovery Srl, nor can it make statements and / or issue any statement (on its Sales Channel or elsewhere), which may contradict as indicated in this article.
Triscovery, in turn, has no powers to make statements, formulate or accept proposals or offers in the name and / or on behalf of the Nautical Operator.
Triscovery is and remains completely unrelated to the Purchase Agreement and the consequent relationship between the Buyer and the Nautical Operator. In no way can the Contract give rise to an exclusive relationship between the Nautical Operator and Triscovery.
Nothing expressed, indicated or implicitly implied in the Contract is or may be valid for the purpose of determining, with respect to subjects other than the Nautical Operator and Triscovery, the emergence of rights, faculties, claims and / or claims regarding the subject of the Contract.
The Contract and all the related terms, conditions, declarations, indemnities, warranties, and provisions made in it are intended to be, and are solely, for the exclusive benefit, as appropriate, of Triscovery, the Nautical Operator and / or Buyers.
The Boat Operator will be the only and exclusive responsible towards Triscovery, the Buyer and / or any other subject, even outside the Contract for any use that third parties, authorized by the Nautical Operator or not authorized by him, make of the Authentication Credentials of the Site, Platform and / or Marketplace.
4.1. OBLIGATIONS FOR NAUTICAL OPERATORS
The term "NAUTICAL OPERATORS" means the category of subjects sub a) (defined above) that have their own web page on Triscovery.
The Nautical Operator undertakes to insert, in its control panel, all types of information relating to the proposed Activities, complete with calendar and Availability, price (including VAT) and any information relating to them and useful to inform the Buyer in satisfactory manner on the proposed Activities .
This information will be used by Triscovery Srl to prepare the Voucher relating to the offered Activity to be sent to the Buyer after making the reservation, including the analytical description of the start and end times of the Activity, the meeting place, telephone contacts and 'any equipment or clothing necessary for a safe use of the Activity. The Boat Operator assumes all responsibility for the Business that he sells and the commercial information he provides for the publication.
Triscovery Srl cannot in any way be considered responsible for the illicit, illegitimate, false, imprecise content of the offers, committing the Nautical Operator to hold Triscovery Srl harmless from any request in this regard.
Triscovery Srl is not responsible in any way for damage or loss of profit caused to the Nautical Operator or to third parties.
The Nautical Operator undertakes, with respect to the content of its offers, to comply with all the provisions of current laws, with particular reference to the principle of contractual good faith and free competition.
The Nautical Operator undertakes to offer for sale the Activities on terms, in particular, of price and quality, at least equal to those which he normally practices on Sales Channels.
The Nautical Operator that has and / or uses any digital channel for the sale of its online Activities, a channel of its own (corporate e-commerce), a direct channel, aligns the price of its Activities with those of the Platform, at to make marketing more effective and increase sales volumes.
The Nautical Operator, in fulfilling this obligation, can update its offer by providing reduced prices, if provided by its price list, as well as group discounts.
Violation of this obligation to comply with its sales list, entails, pursuant to art. 9.3 of this contract, the right for Triscovery Srl to unilaterally withdraw from the contractual relationship, and to remove the Nautical Operator's account from the Platform.
The Nautical Operator, by registering on the Platform and accessing its reserved area, undertakes to constantly update the Availability of the offered Activities.
The Boat Operator has the right to increase or decrease the Availability of his Activities in complete autonomy, taking into consideration that the reservations already transacted and visible in his panel as "reservations in progress" are reservations binding towards the Buyers.
In order to make only real vacancies visible and purchasable, the Nautical Operator has the obligation to update independently the Availability of the indicated Activities, increasing or decreasing them, always taking into consideration the Reservations already made through its direct sales channel and therefore ensuring the effectiveness of the indicated number of vacancies.
4.2. OBLIGATIONS FOR B2C and / or B2B BUYERS
The term "B2C and / or B2B BUYERS" means the category of subjects sub b) (defined above) who have the right to register on Triscovery.
The B2C and / or B2B Buyer responds directly to the content of its publications or communications and comments and in case of negative reports from other Users, Triscovery Srl has the right to act against this.
Triscovery Srl cannot in any way be held responsible for the illicit, illegitimate, false, inaccurate content of Users, committing the B2C and / or B2B Buyer to hold Triscovery Srl harmless from any request in this regard.
Triscovery Srl is not responsible in any way for damages or lost profits caused to the B2C and / or B2B Buyer or to third parties. The B2C and / or B2B Buyer is responsible for the content of their messages, and in general for all interactions with other Users, including the possible use of the Platform and the "Reviews" section in compliance with all the provisions of applicable laws and of the General Conditions of Use.
The B2C and / or B2B Buyer undertakes to communicate through the Platform every successful transaction and eventually to fill out a form in which to insert the data of the transaction itself, including judgments on the counterparty to submit in the form of Rating.
The B2C Buyer that will use other Triscovery services for non-professional or business purposes will be considered to all effects and purposes of the law as a final "consumer", with application therefore, as far as possible, of the legislation referred to in the Consumer Code (D Italian Legislative Decree No. 206 dated 6 September 2005 and subsequent amendments).
4.3. VOUCHER TRISCOVERY
Once the payment procedure has been successfully completed, the User will receive the Triscovery Voucher, which can be printed, using the e-mail address used at registration.
The purchaser must necessarily present the Voucher relating to the purchased Activity to the Operator that directly delivers the Activity, printed on paper or displayed on a Tablet or Smartphone.
The reservation cannot be honored without the presentation of the valid voucher.
For security reasons, upon presentation of the Voucher, it may be necessary to present a valid photo ID.
4.4 REVIEWS, COMMENTS AND OTHER CONTENTS
Only registered users are allowed to publish reviews, comments and other content, send electronic postcards and other communications and submit suggestions, ideas, comments, questions or other information, as long as the content is not illicit (or obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights or is otherwise offensive to Triscovery and / or third parties or regrettable and is not or at least does not contain viruses, political propaganda, commercial solicitation, chain letters, e-mails of mass or any other form of spamming). You may not use a false e-mail address, pretend to be another person or subject or otherwise lie about the origin of a content.
We reserve the right (but we have no obligation to act in the absence of a complete report in its entirety to email@example.com ) to remove or modify this content. If you believe that a content, or a sales advertisement published on the Platform, contains a defamatory statement or that your intellectual property right has been violated by an article or information on the site or used in the Platform, we invite you to complete and to send us an email to firstname.lastname@example.org and we will promptly eliminate any possible violation of Users or third parties.
The full and exclusive responsibility towards Triscovery Srl and third parties is assumed for the contents entered by you in the network.
Declares and guarantees to have, personally or otherwise, the ownership or in any case the availability of all the rights related to the content of what it publishes; that, on the date on which the content or material is published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material it provides does not conflict with any applicable Triscovery policies and guidelines and that such use does not cause harm to third parties.
Without prejudice to cases where any liability is due to the failure to remove illegal content following the receipt of a report to email@example.com, it undertakes to indemnify Triscovery Srl from all legal actions taken by third parties against Triscovery, deriving from or however connected with the content and materials supplied by you.
If the Buyer is under 18, he may use the Platform only by involving a parent or guardian .
- APPLICABLE LAW AND JURISDICTION
- CHANGES AND INTEGRATIONS OF THE CONDITIONS OF USE OF THE PLATFORM
We reserve the right to modify, suspend or interrupt, in whole or in part, the use of the Platform without notice. In this case the Contract is considered terminated without the right to compensation of any of the parties. In particular, we reserve the right to modify the functions of the Platform, the policies, these General Terms and Conditions of Use at any time to offer new functions or to comply with legal provisions and regulations.
The User will be subject to the policies and terms of the General Conditions of Use from time to time in force at the time when he uses the Platform. If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
We therefore reserve the right to modify, supplement and / or cancel the General Conditions in whole or in part. In the case described above, we are committed to informing you of the contractual changes. The amendment will constitute a special substitute attachment that forms an integral part of the contract. The subsequent use of the Platform will lead to the automatic acceptance of the new contractual conditions.
In the event of your non-fulfillment of one of the obligations described in the General Conditions of Use, we reserve the right to suspend and / or interrupt the use of the Platform, as well as to refuse any and all future requests from you to use it. We reserve the right, however, to take the appropriate judicial initiatives both in civil and criminal proceedings to protect our rights and the rights of third parties.
- WAIVER AND FACULTY OF EXCLUSION
In the event of non-fulfillment by you of these General Terms and Conditions of Use, our failure to exercise the right to act against you does not constitute a renunciation of us acting for the violation of the obligations you have assumed. In the event of serious violations of these General Terms and Conditions of Use, Triscovery Srl reserves the unquestionable right to suspend access to the Platform, without any possibility of repayment or compensation.
The possible termination of the contract implies the immediate prohibition of access to the Triscovery.com site and the cancellation of all data and / or of the web page in the name of the defaulting User, including the cancellation of the current reservations, without any liability with respect to the contractual counterparty who may contact the User excluded from the site directly.
- DURATION AND RESOLUTION
9.1 - DURATION
This Agreement is effective from the date the User registers to open an Account with us on Triscovery. The Contract remains effective until it is resolved in accordance with the provisions of this Section.
9.2 - WITHDRAWAL FROM YOU
Except as otherwise agreed in writing, you may withdraw from this Agreement at any time by contacting customer service and closing your Account.
The Nautical operators who have any remaining bookings in progress with the Buyers must, in any case, carry them out in the time and manner offered. If you cease using the Platform, for a period of at least 24 months, you indicate that you wish to terminate this Agreement and we will close your Account.
Upon closing your account, any pending transactions will be canceled. The amounts we hold in your Payment Account at the time of closing, net of any amounts owed by you or which cannot be paid under this Agreement, may be transferred, provided that all authentication requirements have been met for withdrawals (for example, cannot close your account to waive payment restrictions). In the event that an audit is in progress at the time of account closure, it is possible that your funds will be withheld. If your right to receive the disputed sums, in whole or in part, is subsequently ascertained, the relative sums will be returned to your bank account.
9.3 - SUSPENSION OR RESOLUTION BY OUR PART
Except as otherwise agreed in writing, we may terminate this Agreement for any reason at any time by giving two (2) months written notice.
Notwithstanding the foregoing, we may suspend and prevent access to your Account (including, without limitation, the amounts on your Payment Account) if (a) you violate the provisions of this Agreement, (b) it is ascertained that your risk profile is not acceptable, (c) will provide or have provided false, incomplete, incorrect or misleading information (including, by way of example, any registration data) or has engaged in fraudulent or illegal conduct, (d) we will consider there are security problems in relation to your Account, including your Credentials or (e) we will consider there has been an unauthorized or fraudulent use of your Account or payment information associated with your Account. In these cases, you will be informed of the suspension of your Account and the reasons for this suspension, where possible, before this occurs or at the latest just after the same except in cases where such communication could compromise the security measures or is prohibited by the applicable law.
We will reactivate your Account or your Credentials, or replace them, if applicable, once the reasons for the suspension no longer exist and evaluate your justifications. In the event of failure to justify the objections subject to suspension or non-compliance with the obligations and the present general conditions of use within a period of fifteen days from the communication of the suspension, the contract will be considered terminated pursuant to art. 1456 cc. You must inform us by writing to firstname.lastname@example.org to request the reactivation of your account.
9.4 - EFFECTIVENESS OF THE RESOLUTION
We cannot be held liable to you for any compensation, compensation or damages of any kind, direct or indirect, including damages for the loss of possible profits, advance sales, goodwill or for expenses, investments or obligations related to the termination or suspension of the use of the Platform.
In the event of termination of this Agreement for any reason: (a) will remain responsible for the payment of all Commissions and other payment obligations relating to the use of the Platform accrued up to the date of termination; (b) all licenses or other rights granted to the parties under this Agreement will cease with immediate effect; (c) must return or destroy and cease using all the Triscovery Materials and Marks and (d) will no longer have access to the Sites.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, it declares that it accepts, approves and therefore specifically and expressly signs the provisions of the contract referred to in the sections:
- GENERAL CONDITIONS OF USE OF THE PLATFORM
- FUNCTIONING OF THE PLATFORM
- THE RESPONSIBILITY OF TRISCOVERY
- USERS OF TRISCOVERY SERVICES
- APPLICABLE LAW AND JURISDICTION
- CHANGES AND INTEGRATIONS OF THE CONDITIONS OF USE OF THE PLATFORM
- WAIVER AND FACULTY OF EXCLUSION
- DURATION AND RESOLUTION
The User declares to have carefully read the Contract, to have understood its content and to accept it in full.