The booking platform that is part of the Destination Management System DMS Veneto Deskline 3.0, designed and developed by "Feratel Media Technologies AG -6020 Innsbruck", is designed for the purchase and conversion of online and front-desk bookings, managed by Fondazione Destination Verona & Garda through the "Search and Book" areas on the Foundation's websites, related websites and partner websites available to the Foundation, as recognised under Veneto Regional Law and subsequent regional acts and agreements.
The platform is managed by the Foundation in a commercial agreement with Verona Incoming (hereinafter referred to as the "Organisation") for tourism organisation/intermediation.
The platform allows third-party suppliers ("Third-Party Vendors") and buyers to get into contact with each other for the purpose of online sales and purchases of tourism services ("MarketPlace"). Third-Party Vendors can also offer their services within the MarketPlace. On the Portal, users can therefore purchase services sold by Verona Incoming and offered by Third-Party Vendors.
The Foundation is only the technical manager of the Platform and is therefore not a party to the sales contract between the User and Verona Incoming, which business is concluded solely at the terms and conditions set forth in the applicable General Terms and Conditions of contract.
Through the Platform, users can also purchase products and/or services offered for sale on Partner or Related sites at which the Foundation operates as the provider of the registration service ("Sites powered by Destination Verona & Garda Foundation / VR INCOMING").
The following are the general terms and conditions of Verona Incoming, i.e. the general terms and conditions of sale applicable to the services specifically indicated on the Portal as "sold by Verona Incoming" and to the services offered for sale on Partner or Related Sites, in the event of the contract for the purchase of such services being concluded through the Platform.
These General Terms and Conditions of sale (hereinafter GTC) can be viewed by the User during the booking process in the "search and book" area on the above-mentioned websites and specifically this website, under the heading "General Terms and Conditions of Sale".
Each Supplier may also add any additional policies of its own relating to the services offered under these GTC: in this case, they will be shown to the User/Customer during the booking process.
In the event that the latter Policies regulate these same aspects, the provisions of the GTC shall always prevail over those specific to the Supplier. If, in any case, the User receives confirmation of the booking and is therefore considered a Customer, in those cases in which he is considered a Consumer within the terms of the Legislative Decree No. 206 of 06/09/2005 (Consumer Code), the provisions contained in the that decree shall apply to the booking contracts concluded, in addition to those generally applied pursuant to Legislative Decree No. 70 of 09/04/2003 on the services of the "Organisation" of Information in the internal market, with particular reference to e-commerce.
When applying these GTC, the terminology indicated in bold type below, (starting with a capital letter), whether in the singular or plural, shall have the following meanings:
User: the person who accesses the websites managed by the above Foundation and with specific reference to this website, and/or the "search and book" area activated to consult on availability and booking conditions of the services that appear available, to send booking requests to suppliers with a view to the making of booking contracts.
Customer: the natural/legal person who, as a User, books services in the "search and book" area managed by the Organisation on the Foundation's websites, related websites and partner websites, and thus becomes a Customer of the Supplier.
Supplier: the operator producing and/or selling services related to tourist destination offers, who has signed a contract with the Organisation for the promotion and collection of bookings for services on the above-mentioned websites and receives booking confirmation from the Customer through the Platform managed by the Organisation.
The Organisation: Verona Incoming, which, as a partner agency of the Foundation, has technical and operational use of the booking area that can be activated from the "search and book" link on the Foundation's websites, related sites and partner sites.
DMO (Desination Management Organisation), Business Network, Area Brand, Consortium, etc.: these are the various consortium companies, active and recognised by the Veneto Region, which define local tourism offers and gather service availability from suppliers, allowing them to be offered on the regional booking platform managed by the Organisation and, in this case, in the "search and book" area active on the aforementioned websites.
Booking Platform: the platform for the technical management of bookings and requests for tourist services in general, available to the Organisation.
Related Sites and Partner Sites: all information and promotional/marketing sites for services related to the offers hosted at the Foundation's "search/book" box or "search/book" link.
Information: includes information and materials relating to services that can generally be booked on "Search Book or Booking", published by the Foundation following contracts signed by suppliers with the Organisation, concerning descriptions, characteristics, services made available, prices and offers, images (including photos/videos/audio-videos) and any other information or images published and disseminated subject to the Supplier's acceptance and authorisation.
Booking: any order relating to the tourist service selected and/or requested by the User/Customer made on the booking site and, therefore, with the various service providers through the Organisation.
Booking confirmation: this is the communication by which the "Organisation" confirms to the User/Customer that the services requested by them have been booked with one or more suppliers: in most cases, this is done electronically (by email). Emails are generated automatically by the Booking Platform and are sent simultaneously to both Users/Customers and suppliers. In some cases, it may also be communicated by manual email and/or fax, but always in writing to both Users/Customers and Suppliers.
Cancellation Policy: the conditions for cancelling a booking, according to which the Organisation accepts requests for cancellation of bookings and confirms them to both the User/Customer and the Supplier via the Booking Centre tool managed by the Foundation.
No show: when the User/Customer fails to show up at the Supplier's premises for the booked services.
Cancellation and/or no-show penalties: the penalties, accepted at the time of booking by the User/Customer, which will apply in the event of cancellation and/or no-show, under these GTC, being those accepted by the customer at the time of booking.
Overbooking: the situation that occurs when the Supplier, even unintentionally and due to technical problems, accepts more bookings than the services it can offer and manage.
Services: tourist services, including intrinsically integrated services, as defined in Legislative Decree 62/2018 and EU Directive 2302/2015, not attributable to tourist packages or related tourist services and, consequently, subject to the consumer protection of the Consumer Code Legislative Decree 206/2005.
These GTC govern the User/Customer's access to and use of the Booking Platform used by the Organisation, made available as technology and support for the completion of contracts for 'services complementary to accommodation services' (hereinafter the 'Services'), booked and confirmed electronically (including by accepting requests by telephone or e-mail, confirmed in by the Organisation in all cases by e-mail).
The Foundation only manages the technical profile (the technical data sheet relating to the product/service/experience), as it is not party to the sales contract between the User/Customer and the Organiser.
Verona Incoming, as a commercial partner of the Foundation, operates as an 'Organisation' and uses the platform to convert bookings for tourist services.
The Organisation is responsible pre-contractually and contractually to the User/Customer for bookings made through the Booking areas, including for any failure to conclude the booking and sales contract for the 'Services' requested, non-compliance and/or delays in the use and provision of the 'Services', in the partial or total payment thereof, and for the issue receipts and/or invoices for Services booked and/or rendered.
The User/Customer may, in any case, report any critical issues regarding the booking made to the Organisation so that it can take action with the Supplier and take the necessary measures to ensure that such non-compliance or illegalities are resolved and cease.
The use of the Booking Platform by the User/Customer takes place for bookings made through "search and book" on the above-indicated websites and with specific reference to this website or made through other means (telephone, e-mail, or fax), or even through "Related Websites and Partner Websites".
Through the Organisation and the booking areas on the websites managed by the Foundation, the User directly makes a booking and sales contract with the Organisation, for the provision of "Services" for payment by the User/Customer of a cash consideration highlighted in the booking areas and on the booking confirmation processed by the Booking Platform for each different commercial channel.
The services include the use of the services booked in line with the quality levels described in the booking areas, as uploaded directly by the Foundation or on its behalf.
The booking of the Services selected and requested by the User/Customer in the booking area, or booked irrevocably pursuant to Articles 1329 and 1331 of the Civil Code, is binding unless the cancellation policy and any penalties provided for and highlighted in the booking process apply.
The booking request confirmed by the User/Customer is followed by a confirmation message (by e-mail) that the Booking Platform used by the Organisation automatically sends to the User and the latter on behalf of the chosen Supplier, summarising for both parties the Services, the booking conditions and policies, prices, means, times and methods of payment, cancellation policy and penalties, and all the information required under Article 13 of Legislative Decree 70/2003.
In the event of rejection of the request by the Supplier due to overbooking caused by technical problems (such as power failure, or internet connection failure, etc.), the Organisation will promptly notify the User/Customer, proposing an alternative solution or the cancellation of the booking made by the User/Customer.
To guarantee the booking of the selected services and during the process of confirmation, the User/Customer agrees to provide their credit card details or bank details, authorising the debiting of any penalties arising from cancellations of bookings communicated within the terms set out in the Organisation's policies, as highlighted during the booking process and subsequently accepted by the User/Customer.
At the end of the booking process, the Supplier is directly bound to the Organiser to provide the Services booked and confirmed through the booking areas of the regional booking platform managed by the Foundation; the User/Customer is bound to the Organiser with regard to these GTC and the specifications set out in the booking confirmation.
In exceptional cases, the Services may also be booked via the offline booking area, which is also managed by the Foundation, by telephone and/or e-mail and/or fax. Such method always requires a written response from the Organisation by e-mail or fax and confirmation by electronic means or the same means with the Supplier. In these cases, the Foundation is open on weekdays during business hours (Monday to Friday, normally from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m.), at the email addresses indicated in the booking confirmation, which is always included in the booking confirmation or on the website of each specific site and/or commercial channel. On Saturdays and public holidays, communications may be sent to the email address:- booking@visitveronagarda.it.
The Foundation Operator will not provide advice, but will only make the booking of Services available to the User/Customer, including by email and telephone.
The order in which suppliers and services available for booking are presented on the Booking Platform is random and does not follow any classification or quality criteria, as the companies selected are the result of a search carried out by the User/Customer or by the Foundation's operator on the Booking Platform at the time of the booking query, based on the Services available according to the basic characteristics of location, period, type of services, number of participants and their type for other services.
There is information relating to the Services selected and to be booked on the various screens and web pages consulted by the User/Customer during the booking process, including acceptance of these GTC, acceptance of the need for a credit card to guarantee the booking with authorisation for its use for the collection of any late cancellation or no-show penalties, and acceptance of the privacy policy before final confirmation of the booking.
The information relates to the description of the company providing the Services, including other services generally made available, images (including photos/videos/audio-videos) and any additional and different information or images published or disseminated by the Foundation in reference to the contracts signed by the Suppliers with the Organisation. The booking data relates to the availability of services provided by Suppliers, to what has been selected by Users/Customers, to requests made and sent to Booking and, consequently, to the location, the start and end dates of services, the services requested, the participants, their types, the rates, the general conditions and any specific policies highlighted on Booking, cancellation policies, any penalties, and any other information relating to the booking.
All information relating to the companies providing the Services is published on the Booking directly by the Foundation on behalf of the suppliers, or by the Suppliers themselves, who are suitably prepared, solely with regard to that which has been granted by the Supplier, through a specific contract signed with the Organisation.
The Supplier is always solely responsible to the Organiser for the accuracy, completeness, truthfulness and updating of the data provided by contract and entered on the platform, including prices, as regards:
their content, nature, accuracy and completeness, truthfulness, updating, as well as their compliance with the law, including information relating to the quality of the services offered;
the legitimation or right to use any materials and/or files that the Service Provider has given to the Organisation as an attachment to the signed contract for publication by the Foundation.
compliance with any legal obligations relating to the carrying on of its business or the relationship, and conclusion of the booking contract, as between the User/Customer and the Organiser.
The Booking Platform only displays the aforementioned information "as is" and "as available", without checks carried out by the Foundation, which therefore does not in any way guarantee or accept liability for any damage or loss suffered by the User/Customer connected with or consequential to the circumstances referred to in this Article 6.
The Organisation, as intermediary or seller, requires the User/Customer to provide credit card details, with the immediate withdrawal/debiting of sums of money at the time of booking.
Payment for the Services booked with the card provided as a guarantee or by other means agreed between the Customer and the Organiser will always be made directly by the Organiser, both as regards Services booked on the booking areas and for any other services and extras used during the stay or in any case on site after arrival.
During the booking process and immediately before confirmation, the system will ask the User/Customer to accept, on the card provided as a guarantee, automatic collection by the Organiser's of any penalties that may arise in the event of cancellation of booked and confirmed services, or in the event of a no-show. The User/Customer will be asked to enter the details of the credit card provided as a guarantee directly on the Booking Platform in the case of online transactions or to communicate them to the staff of the Organisation in the case of offline procedures (telephone, e-mail, or fax), in accordance with procedures designed to preserve the confidentiality and protection of the data provided.
No liability can be attributed to the Organisation in the event of the communication of credit card details being unsuccessful due to temporary inability to access them, for reasons not attributable to the Organisation itself, or in the event that the transaction to charge the cancellation penalty or other amount is unsuccessful due to lack of funds or for reasons other than those covered by the aforementioned assessment or in any case occurring after the booking.
Acceptance of these GTC amounts to authorisation for the Credit Institution and/or Credit/Debit Card circuit to use the data entered by the Customer in the event of the application of penalties accepted by the latter at the time of confirmation of the booking of services.
The data provided by the User/Customer is managed by information systems that comply with PCI DSS (Payment Card Industry Data Security Standard) standards. All operations are carried out through connections protected by SSL (Security Socket Layer) security codes and https (http secure) protocol.
The data gathered, except as regards the fulfilment of legal obligations, will be immediately deleted at the end of processing.
The Organisation assumes no liability in the event of fraud, deception or abuse by third parties of the credit card data collected during the booking process, provided that this is not attributable to acts or facts due wilful misconduct or gross negligence on the part of the Organisation.
With regard to the Services the Customer is entitled to use the services booked in accordance with these GTC, as well as those defined by the Supplier, published in the Booking areas under "general conditions" and "policy" for the service or experience, or in any case shown on the Foundation's websites, related sites and partner sites, offered to the Customer for acceptance at the time of booking, and subsequently summarised in the booking confirmation.
Article 55, (1,b) of the Consumer Code establishes that the right of withdrawal does not apply to contracts for the provision of leisure services, when the offer specifies a date or period of performance, as in the case of hotel bookings, but also as regards experiences. Consequently, if you cancel a hotel booking or an experience, the cancellation conditions set out in the contract between the organiser and the supplier (e.g. hotel or travel agency) apply, which may include penalties, partial refunds or no refunds depending on the terms established at the time of booking.
Users who wish to cancel a booking made through the Booking Centre used by the Organisation must notify the Foundation in writing, either online or via the contact details (e-mail, fax, or telephone) provided in the booking confirmation. The Foundation will then send confirmation of the cancellation, which will also be forwarded to the Supplier. It is however understood that the cancellation notice sent by the Customer to the Organisation within the agreed terms is considered equivalent, in terms of its effects, to that sent directly to the supplier.
If the Supplier decides to apply the penalty, it must first notify the Foundation that it intends to charge the penalty amount provided for. The Foundation will configure the product in the system so that it can behave as required by the supplier.
With the sending of the booking, the Supplier is directly bound to the Organiser and the Customer and cannot withdraw from or cancel the booking, even in part, since it is obliged to provide the booked service, unless the service has become impossible due to unforeseeable circumstances or force majeure, or in the event of non-compliance by the User as provided for in the express termination clauses.
If unforeseeable circumstances or a matter or force majeure arises, the contract with the User is terminated and the Organiser is not obliged to pay the Supplier.
With the Customer's consent however, the operator of the supplier company may provide an alternative solution to replace that booked and no longer available, provided that the former has characteristics equivalent or superior to the latter.
Otherwise, in the event of unavailability of the service booked due to overbooking or other reasons attributable to the supplier, the latter is obliged to offer the customer an alternative solution of a category equivalent or superior to that booked. Any additional costs shall be borne entirely by the Supplier. If the Customer refuses the alternative solution, the booking shall be cancelled without penalty, i.e. with a refund of any amount already paid.
When making a booking, the User/Customer must enter accurate information, specifically with regard to
to the number of people for whom the booking is being made.
Any cancellation notification must be made online in the booking area of the platform. Any other requests and notifications for changes, specifications, additions or variations to any service related to the booking after confirmation must always be sent by the Customer to the Foundation, using the contact details provided on the booking confirmation. Correspondence must always be sent in writing to the Foundation, which may confirm or reject the request, or agree with the User/Customer on the changes to the originally agreed conditions, in the terms and manner it deems appropriate.
Payment of the amount due by the Customer must be made directly to the Organiser of the booked services in accordance with the terms and conditions set out in these GTC.
For any damage caused by the Customer, the general rules on compensation for damages shall apply. The Customer is liable for any event or act attributable to him/her directly or indirectly (as caused by persons under his/her responsibility) which results in damage to the Supplier.
The Supplier has the right to remove the Customer from its premises if the Customer:
The Supplier is obliged to offer the agreed Services in accordance with the quality standards appropriate to the type of service booked.
Animals are not normally allowed to use the services, unless prior authorisation has been obtained from the Supplier and, where applicable, a fee has been paid. This authorisation must be taken into account by the Customer when requesting the booking of services, selecting services that allow animals to be used and guaranteeing their availability and authorisation for access from the outset.
The User/Customer acknowledges and accepts that no liability can be attributed to the Foundation or the Organisation:
The supplier remains solely and directly responsible to the Foundation and the Organiser for the accuracy, completeness, translation and updating of the data available on the booking platform, as well as for other services, for the prices indicated, for the quality of the services offered and for the information, including photographs, published on the Booking platform or on the websites where the Foundation's "Search and Book" section is located.
The User declares that they are aware and accept that the Foundation may or will be required to temporarily suspend or permanently inhibit access to and use of the Booking in the following cases:
a) due to unforeseeable circumstances or force majeure;
b) by order of the regional authority or other supervisory and control authority;
c) for improvement, repair or maintenance work.
In the case referred to in letter c), the Foundation undertakes to make access to the Platform possible within 48 hours, provided that this depends on the Foundation and the Bookings managed that fall within its power to intervene.
These GTC and the specific provisions of the individual Supplier are governed by Italian law.
Any disputes that may arise regarding the performance, interpretation, or validity of these terms or any other related matter shall be governed solely by Italian law and its jurisdiction.
Without prejudice to the foregoing, in the event that:
a) the User qualifies, pursuant to Legislative Decree No. 79 of 23/05/2011 (Tourism Code) and Legislative Decree No. 206 of 6th September 2005 (Consumer Code), the competent court is that of the place where the latter has his/her residence or domicile, if located in the territory of the Italian State;
b) the Customer is not a Tourist-Consumer or, despite being a Tourist-Consumer, does not have residence or domicile in Italy, the Court of Verona shall have exclusive jurisdiction to resolve any disputes relating to the aforementioned conditions.