Terms and Conditions
Translated versions of legal contracts and policies are provided only to facilitate the reading and understanding of the versions in Italian. The provision of contract translation and legal policies does not aim to create a legally binding contract, nor to replace the legal validity of the Italian versions. In case of disputes or conflicts, Italian versions of contracts and legal policies govern our relationship and prevail over terms translated into other languages.
TERMS AND CONDITIONS
Triscovery S.r.l. is the company that has created and manages the Triscovery Electronic Platform (Platform) that allows Users to contact, offer, book, sell and buy tourist-cultural and/or agri-food services, or more generally activities to be used in leisure time (Activities), made available by third subjects (Sellers) through Triscovery's Web sites and related mobile applications.
For Users means the sellers and buyers, as further specified below;
The Seller is the company, Individual entrepreneur, association or natural persona as tour guide or instructor 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 Buyers, the Seller also professionally exercises the activity of supplying tourism-cultural or agro-food services;
The Buyer is the natural person over 18 years old (B2C Buyer) or the enterprise (B2B Buyer) that accepts the Terms and Conditions of Use, hereafter specified, has access to the platform and is interested in the conclusion of purchase agreement with Sellers; Triscovery S.r.l. offers also the book-keeping and communications management services, the payment services through an accredited payment institution, responsible for collecting payments by the Platform.
The payment institution is Lemon Way, Limited Joint-Stock Company with a Capital of €860,232.53, SIREN Number 500 486 915, headquartered at 14 rue de la Beaune, 93100 Montreuil, France (hereinafter referred to as “Lemon Way”), accredited on 24/12/2012 by the French Prudential Supervisory Authority (“ACPR”, France, website http://acpr.banque-france.fr) 61 rue Taitbout 75009 Paris, as a hybrid Payment Institution, under the number 16 568 J.
Triscovery S.r.l. as the holder and provider of the E-Commerce Platform, facilitates transactions between the subjects but is not directly involved in the transactions between Buyer and Seller, therefore, although it carefully selects Sellers, it has no control over the quality of the Activities, the morality or legality, the truthfulness, the accuracy of the activities and content exchanged and/or published by Users on the Platform.
Triscovery S.r.l. It does not assume any responsibility for the sales contract and its execution, and does not act as agent of the Seller.
Trisovery S.r.l. provides the functionality of the site and other services when you visit or proceed to purchase Triscovery.com website, you are used Triscovery Services; the registration on Triscovery.com webiste also allows you to download Triscovery's mobile or Triscovery software applications related to any of the previous activities (collectively, Triscovery Services).
The Commission is the cost that Triscovery charges to the Seller for the use of the Services applied to each purchase by the Buyers and calculated as a percentage of the Activity Price.
The Activity Price is the sum due by the Buyer to the Seller for the delivery of Activies. The price amount is set exclusively by the Seller. The Activity Price is inclusive of any taxes (eg VAT), as well as tax and contribution charges that will remain with the Seller;
1. GENERAL CONDITIONS OF USE
To access Triscovery Services you must register at Triscovery.com website;
Triscovery.com offers a wide range of services (Triscovery Services), so you may be subject to additional terms and conditions and / or third subjects.
A) ELECTRONIC COMMUNICATIONSWhen the User uses Triscovery Services or sends to Triscovery.com emails, oyu communicate with us electronically. The communication will be with the User by e-mail or by posting notices and press releases on the site. Subject to the specific imperative legal provisions, for the scope of this agreement, the User agrees to receive from us the communications in electronic form and acknowledges that all contracts, notifications, information and other communications we provide in electronic form, complying the requirement of written form, when required by law.
B) COPYRIGHT, DATABASE AND CONTENT RIGHTS
All content available through the Services Triscovery in the form of text, graphics, logos, icons, images, audio files, digital downloads, data compilations and software, lists or other databases, are owned by Triscovery srl or its content suppliers and are protected by Italian and international laws on copyright and database rights.
It is not allowed to extract and/or reuse systematically parts of Triscovery Services without the express written consent of Triscovery S.r.l. In particular, it is not permitted to use Data Mining, robots or similar capture devices to extract or reuse any substantial part of any Triscovery Service without our express written consent. You may not even create and/or publish a database that reproduces substantial parts (eg pricing and list of offered activities) of the Triscovery Services without the express written consent of Triscovery S.r.l.
It is not permitted to download and reuse texts and photographic material produced by Triscovery S.r.l. without the express written consent of Triscovery S.r.l. and any authorized content used by Users must clearly indicate the author (Triscovery) and redirect to one of the Triscovery.com site pages
You are aware that Triscovery S.r.l. has not control and obligation on:
- Users who access to Triscovery services;
- What content is accessed through Triscovery Services; as well as what effect the content may have on the User;
- How the User can interpret or use the content; What actions could take as a result of displaying the contents.
Triscovery Services may contain information that might be considered offensive and/or inappropriate by some people. Triscovery S.r.l. is not responsible for the accuracy of the information, descriptions, and recommendations available through its Services.
C) TRADEMARKSGraphic material, logos, page headers, icon buttons, fonts, and service marks included or made available through any of the Triscovery Services are trademarks of Triscovery S.r.l.
The trademarks of Triscovery, subject to a trade mark application to the EUIPO (European Union Office for Intellectual Property in charge of managing European Union trademarks and registered Community designs), can not be used in relation to products or services other than Triscovery, in order to create confusion between customers or in any way to denigrate or discredit Triscovery.
All other trademarks not owned by Triscovery S.r.l. that appear on any of Triscovery Services are the property of their respective owners, who may or may not have been connected to Triscovery or sponsored by Triscovery.
This license does not include any resale or commercial right of any Triscovery Service or its contents, nothing else right to collect and use lists, descriptions or pricing of Activities, make derivative use of Triscovery Services or their content, make any download or copy of account information for the benefit of another reseller or use Data Mining, a robot or similar capture and data acquisition devices.
You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise use Triscovery Services for any commercial use in whole or in part without our express written consent. It is not possible to frame or use framing techniques to embezzle any Triscovery trademark, logo, or other proprietary information (including images, text, page settings, or format) without express written consent from us. You can not use any meta tags or any other "hidden text" using the name or trademarks of Triscovery without the express written consent of us.
2. TRISCOVERY SERVICESTriscovery S.r.l. carefully select Sellers who can register on the Triscovery.com site and also its contents.
Triscovery S.r.l. reserves the right to refuse the registration of companies or legal entities that do not meet certain quality criteria of Activities and honesty or business transparency. The judgment of Triscovery S.r.l. on the selection of Sellers is unquestionable.
The services offered by Triscovery.com are the following:
A) SELLER SPONSORSHIP SERVICESThe Seller on Triscovery.com will be able to present its activities according to a "virtual showroom" consisting of audio-visual content (eg photos, video and audio) and textual content (eg, activity description). These contents are created autonomously through your Activity Management Panel. Any other Seller property content that is made available to Triscovery S.r.l. for its publication on the Triscovery pages or on the various channels operated by Triscovery S.r.l. (Social network pages and profiles, etc.), implicitly implies the release to Triscovery S.r.l. of full authorization to use with a large release and exemption, even at the economic level.
All content must be previously approved and controlled by Triscovery S.r.l., who may suggest and/or modify the contents before posting them on the site so all Sellers have the same commercial visibility. Triscovery S.r.l. also provides Sellers with a service of photoshooting and eventually videoshooting for Activities, which keeps intellectual property as well as textual composition in SEO optics.
B) "MARKETPLACE" TRADING TRANSACTION SERVICESTriscovery S.r.l. offers Triscovery.com as a virtual platform for the meeting of Sellers and Buyers in order to facilitate the matching of supply and demand of cultural tourism services and/or agri-food (Activities).
1B) Buyer can book and buy directly through Triscovery.com the activities posted on the site.
2B) The Seller automatically accepts Buyer Reservation on the basis of Availability independently entered through its control panel. The automatic acceptance of bookings is subject to availability and the time set up by the Seller. The Seller establishes all the necessary operations to performance the Buyer's purchase.
For example, assuming the booking of a "One day SPA services ", the Seller agrees to allow the access to SPA facilities by the Buyer and to ensure the enjoyment of all services included in the offer purchased by Buyer.
C) LEMON WAY PAYMENT SERVICETriscovery S.r.l. is unrelated to commercial transactions, provides its Users through the Platform with a lean and secure payment system delivered through the Lemon Way Payment Service.
The Terms and Conditions of Use of the Lemon Way Payment Service can, at any time, be consulted on the Lemon Way website (https://www.lemonway.com). These conditions govern the way through Lemon Way opens an Account Holder Payment Account and provides its payment services. You are required to read these terms carefully before accepting them.
The Platform allows the Seller to receive the Buyer's Reservation in accordance with Seller's Availability and Times, including the Release Times (ie the minimum time between the Buyer's Purchase Date and the Buyer's Date of Activity Delivery).
The Release Time is set by the Seller, independently, during the creation of their "Activity Schedule" it can be between a minimum of 24 (twenty-four) hours and a maximum of 240 (two hundred and forty) hours.
For example, if for an Activity the Seller sets a Release Time of 24 hours, it will be possible to check Availability and book Reservation, only for Activities that have a Start Time at least 24 hours later than Buyer Research.
In the case of payment transactions not recognized by the Buyer, the latter shall follow the procedure established by each Issuer of the Credit Card as regards the rules for the repayment and/or transfer of transactions already made (Chargeback), excluding any liability by Triscovery S.r.l., which in the context of such commercial relationship merely puts in contact Seller and Buyer, but is out of the question to the conclusion of the deal.
For the scope of the procedures for requesting Refund or transfer of payments made through the Credit Card or similar services, the Seller is here equated to the Business Law And any disputes and/or requests for needed documentation for the scope of requesting Refund or reimbursement of disputed amount by the Buyer shall be made against it.
Triscovery S.r.l. will only submit any complaints of irregular transactions to Credit Card Companies and report to the Buyer the outcome of such claims as soon as it is received by the Issuer.
The booking not performed due to the unavailability of the Sold Activity or a serious and continuing impossibility of delivering the Sold Activity, as well as excessive delay in the performance of the Activity, leaves full faculty to Triscovery S.r.l. to show the percentage of bookings with trouble (eg deleted bookings divided by bookings received), to show the average time to delay the performance of the Activity and if these metrics are not in line with the average found within the Platform, and finally to cancel Seller's account.
Note that the Seller has a simple and intuitive tool to make the Selling Activities visible or invisible on-line. In order to avoid negative judgments or exclusion from the platform, Seller shall make invisible the activities no longer available and therefore inhibit the Buyer from being able to buy.
The prices shown by the Sellers on the Platform are per person, unless otherwise specified. The prices shown on the Platform are in Euro, any price conversion in different currencies is done automatically and does not correspond to the amount charged on the Buyer's credit card that it may change according to the different exchange rate applied by the Credit Card Issuer and any fees for exchange service.
Please note that Buyer within 24 hours from Start Date of Activity, has the right to report any issues and start a claim or refund procedure in accordance with the terms in the Help Section of Platform.
Please note that for the scope of efficient management, the refund requests must be formalized following the official procedure established by Triscovery S.r.l. on express section of the Buyers's Control Area Accessible through the Buyer credentials (e-mail and password); in the absence of formalization, the refund requests can not be managed by the team in charge of Triscovery.
After the expiry of five days from the start date of Activity, in the absence of a claim or refund request, Triscovery become visible to the Seller the sum of money related to the transaction. Seller will receive the money amount through an automatic bank transfer order, after 5 (five) days from the delivery date of Activity, if positively, resulting from its commercial action on Triscovery, net of fees and applicable costs.
The Triscovery Invoice will be made available in the Sales Control Area, specifically in the Billing Section.
The amount made available to the Seller will be reduced by: (i) the Triscovery Services Fee, equal to 18% + VAT, which is equivalent to a 21.96% retention of the amount paid, where applicable (ii) any costs incurred ex post relating to bookings whose money amounts have already been made available by Triscovery S.r.l. to Seller; (iii) other costs documented and agreed upon with the Seller, such as, but not limited to, the provision of Triscovery marketing services to facilitate the marketing of Sellers' Activities; (iv) any costs incurred by the Credit Card Issuers related to the requests for Refund or transfer of sums charged on Buyer Credit Cards (cd Chargeback). At the same time as the amount credited to the Seller, Triscovery S.r.l. will issue a specific invoice for the amount of fee charged to the Seller.
Triscovery S.r.l. is not responsible for the transaction, fraudulent use of Credit Cards, the quality of the activity provided by the Sellers, and will evaluate, through its internal team, any claims and refund procedures.
C.1) THE SELLER'S ACCOUNT ON TRISCOVERY
C.1.1 - DIFFERENCE BETWEEN "TRISCOVERY ACCOUNT" AND " BANK ACCOUNT" OF SELLERFor the Seller, "Triscovery Account" is not his bank account (see C.2 below), but a software for managing his Triscovery transactions.
In order to use the Triscovery Payment Service, the Seller needs a "Triscovery Account" to associate its own bank account.
Seller's "Triscovery Account" is activated upon signing up to the Platform (Creating an Account as defined below) and is governed by the rules of this Agreement, on the Personal Sales Area, instead, the Seller may set theIBAN code of his bank account to receive the money amounts related to delivered activities.
The opening of the "Triscovery Account" does not involve any costs for the Seller.
C.1.2 - ELIGIBILITY TO USE THE PAYMENT SERVICEIn order to use the Payment Service, the Seller and Buyer must provide full and correct registration data and in case of sign up of a natural person (eg B2C Buyer), the User must be at least 18 years of age. For the Seller who registers as a legal entity, company, business entrepreneur, association, must have been established and authorized to operate in one of the countries that we support and indicated on our Sites when you opening the Account. In order to open and maintain an account, the Seller must satisfy our eligibility requirements. All activities carried out through an account, are considered by us as made by registered Users. You may not use the Service or Account on behalf of other natural or legal persons. In case of changes, the User is required to promptly update the registration data so they are always complete and correct. We reserve the right to refuse to deliver or terminate the Service to natural person or legal entity and to close the Account of Legal entity at any time and for any reason.
C.1.3 - SELLER ACCOUNTThe Creation of a Seller Account requires the establishment of a "Triscovery Account" and the indication of a own "bank account". The Seller may only use an Account to sell Activities related to Triscovery Sales Service. The Seller is required to provide, upon request, his personal contacts and company details (eg company name, address, telephone number, fax number, e-mail address), VAT number.
C.1.4 - TRISCOVERY ROLEWith the exception of our management and updating of the Platform, we are not involved in the underlying sales transactions between Sellers and Buyers.
The User hereby authorizes the Third Payment Institute to withhold, receive and transfer the funds in accordance with its payment instructions. We are neither Buyers nor Sellers of Activities that are for sale on Triscovery, and we are not part of the sales contract.We will not perform arbitration of activities in the event of legal disputes between Seller and Buyer (s), nor will we act or execute any sales contract.
The Seller is responsible for all sales that occur through the Service. Our name and/or the name of the Third Payment Institute may appear on the account statement of the Buyer's Card and will also report, at our discretion, the name of the Seller's Activity or business company name.
The obligation of a Buyer to pay an Activity purchased through the Sales Service of Triscovery is fulfilled when the Buyer pays properly and fully the Activities, subject to the possibility of Triscovery S.r.l. to delete reservations at any time if it finds any action contrary to the Triscovery Services regulations and promotions.
We are not a Trustee or Trustee of Buyer or Seller. We do not accept deposits. We can use the services of one or more payment service providers and/or financial institutions (each defined as a "Supplier") to provide Triscovery Services and process transactions.
C.1.5 – CHECKWe may ask the Users to provide additional information to verify the identity and/or identify the existence of the Company as a necessary condition for the provision of the Service or before allowing the Seller to receive funds on its "bank account".
We may perform, directly or through third subjects, the controls that we will deem necessary to validate the information provided by the User, including, but not limited to verification of commercial databases. Although we can take action to verify the identity of our Users, we can not guarantee, and we do not guarantee, the identity of any User. We are not required to take measures to verify the identity of other users of the Triscovery Service.
C.1.6 - USER CREDENTIALSThe e-mail address and password that the User chooses will be used to access and use the Triscovery Service and to send communications. The password and any access keys or other credentials are the "Credentials". You are required to maintain the privacy and security of your Credentials. You may not communicate your Credentials to any third subject (who is not authorized to use the Account). User starts transactions using their own Credentials. After agreeing to an authorization of payment or a booking, the User can not withdraw the authorization or otherwise withdraw consent to the execution of the transaction. In the event of a compromise of Credentials, you are required to notify us promptly by writing to firstname.lastname@example.org, so we can suspend your account at our service and avoid unauthorized transactions.
C.1.7 - ACCOUNT LIMITSThe Triscovery Service may be subject to the Account Limits, including, but not limited to, transaction volume limits or withdrawal restrictions. These limits are based on performance and risk factors, including, but not limited to, our assessment of the risks associated with the User Account and its location. Despite Account limits, 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 may be occurring a transaction or an Account unauthorized use, fraudulent, contrary to Triscovery regulations, suspicious or unusual, given the previously occurred transactions and anti-fraud controls.
C.1.8 - PERMITTED USEYou are required to comply with law, all rules and regulations applicable to the use of the Triscovery Service, including, but not limited to, our operating rules described in this agreement. As stated above. The User may not act as a payment service provider, intermediary, service agency, or otherwise resell the Service on behalf of third subjects, for example, by handling, processing and transmitting funds for third subjects.
C.2) RECEIVING PAYMENTS
C.2.1 - ACCEPTANCE OF SALE SERVICE FUNDSThe Seller may only use an Account to accept payments from Buyers who have purchased Activities sold through the Triscovery Sales Service. The Seller will receive funds on its Account ("Triscovery Account") related to the sale of the Activities through the Triscovery Sales Service. Issuing and transferring of money amount on the Seller's "bank account" will take place in the way set out in Section 2 at C) - Lemon Way Payment Service.
No interest or other Amounts held on the Account will be paid to the Seller. Funds held on the Account are not considered as deposits, therefore the Seller is not protected by Deposit Guarantee Programs.
C.2.2 - PAYMENT METHODS ACCEPTEDThe Seller may only receive payments on its Account through Accepted Payment Methods, including Credit Cards, Other Payment Cards (Cards) marked with the logo of Associations, Circuits or Supported Issuers (the Issuers). We may remove or add cards or other accepted payment methods at any time without prior notice. Only cards that receive an authorization from the relevant Issuer are processed.
C.2.3 - PROCESSING OF TRANSACTIONSIn accordance with the terms of this Agreement, we will process by Payment Institute (third subject) the payments and refunds for Transactions sent through the Triscovery Service. The Seller is responsible for the sales that he makes by using the Triscovery Sales Service. We may refuse to process any Seller's transactions thath we suspect are fraudulent, unlawful or otherwise contrary to the terms of this Agreement.
We will process transactions that the Buyer sends and duly authorizes within a business day. We may refuse to execute a transaction that does not compliant with the terms of this Agreement or is prohibited by law. If we refuse to execute a transaction, we will notify the Seller and the Buyer (subject to the law prohibitions) within the time that we are legitimately recognized to process the transaction and, where possible, we will communicate the reasons for our refusal and the procedure to Follow up in order to correct any errors that have caused it. The Rejected transactions will be considered as not received for execution time and for responsibility of not performed or incorrect execution.
C.3) PAYMENT TERMS
C.3.1 - COMPENSATION AND WITHDRAWALSIn accordance with the Law, we may be able to offset the available balance of the Seller Account with any Amounts due to us under this Agreement (Withdrawals). All Withdrawals will be charged when we process a Transaction and will be settled on the Seller Account balance.
If the amount of the sums due by the Seller exceeds the available balance on their account, the seller will be required to pay all the withdrawals on receipt of our invoice. They will also be solely Seller’s responsibility, who will have to pay when receiving the related invoice, all costs linked to recovery of the sums due in addition to the recovered amount, including, but not limited to, fees, legal fees, Credit recovery agencies' fees and any applicable interest.
C.3.2 - PROCESSING ERRORSIn case of errors in the transaction processing, the User authorizes to dispose debits or credits on their respective account or bank account, depending on the case, to correct such errors, provided that this is done in accordance with applicable laws and regulations.
If for any reason it is not possible to debit your provided bank account, the User authorizes to charge any other bank account or payment instrument in the archives of which the User is a holder.
C.3.3. – TAXThe Seller is required to calculate all applicable taxes and duties, including, but not limited to, sales, consumption, transfer tax, value added tax, withholding taxes and other established taxes and/or duties, Incurred or to be collected, pay or retain for any reason whatsoever with respect to a request, supply or use of the Service for the sale or purchase of services or otherwise inherent in any act or omission by the Seller or any of its Affiliates or their respective employees, agents, contractors or representatives (Taxes).
The Seller is also required to calculate, charge, declare and pay the taxes due the competent tax authority, we will not be required to establish the applicability of taxes, or we will have no liability in connection with the calculation, debit declaration or the payment to the tax authorities of tax arising from a transaction.
C.3.4 - MANAGEMENT TAX DOCUMENTSIf the activity is provided by a non-VAT seller (eg Sports Instructor), this will issue a tax receipt to the Buyer.
For tax matters, this operation can be carried out up to 5,000 euros per year (Triscovery Srl is clearly unable to control or know any other income from occasional or between private performance that the seller may have paid during the year), Then Triscovery will notify to the Seller the attainment of this limit and the need to provide for any payment of tax withholding or tax due or VAT opening etc.
Triscovery S.r.l. can not provide support in this regard, but the Seller must consult directly with his trusted tax adviser. On reaching the roof € 5,000 per year Triscovery reserves the right to suspend the account of the Seller until it is not in compliance with the tax position.
Instead, if the Seller is VAT number, it will be responsible for issuing a regular invoice or tax receipt to the Buyer for the amount received (Price of Activity) without the intervention of Triscovery S.r.l.
D) CANCELLATION OF BOOKING BY SELLERGiven that the Seller can delete and update, without any penalty, the availability of Activities not yet booked by the Buyer.
It is agreed that the Seller is allowed to cancel reservations, which are automatically confirmed and paid on the Platform, only in the event of a justified cause of force majeure, in which the Activity is unavailable.
For example, are intended exclusively only those extraordinary cases that go beyond the reasonable control of the Seller, such as adverse meteorological conditions, natural catastrophes, interruption of power supply, strikes. The peculiarities of such events allow the Seller to cancel reservations through his own Sales Control Panel from 24 hours before the time and date of start Activity.
In the event that the Seller exercised such a right, and for the Activities proposed, a Buyer has already made reservations, the latter shall be fully refund for the amount paid during the purchasing process.
The Seller undertakes to report, through the personal back office, the Activity as not performed by specifying the reason of force majeure occurred. Triscovery reserves the right to perform all the necessary checks to prevent any fraudulent conduct against Users.
In addition, if the Seller was unable to deliver the booked Activity on the same experience day, it undertakes to propose to the Buyer other proposals aimed to enjoy alternatively the Activity, such as a change experience date using the same Voucher sent by Triscovery following the first booking.
If, as a result of such communication, the Buyer waives his booking and does not wish to take advantage of any other activity offered by the Seller, the Buyer will be entitled to a refund of the full amount paid.
The Seller agrees to accept the refund request that will be required by the Buyer through the automatic Platform system.
E) CANCELLATION OF THE RESERVATION BY THE BUYERUnder art.59 of the Italian Consumer Code, paragraph 1, lett. N), Sellers may, when registering their activities, exclude the right of withdrawal by the Buyers, ie the seller may select the "Booking can not be canceled" option while creating the Activity schedule and the same option will be highlighted to the Buyer during the view in order to give a correct information about the purchased Activity.
However, if Sellers waive from the provisions of Art. 59 of the Italian Consumer Code, the Buyer is entitled to cancel his Booking in the manner and timing showed in Section E.1.
E.1. CANCELLATION WITHIN 72 HOURSThe Buyer who books an Activity on the Platform has the right to cancel the reservation already paid, by accessing his reserved area, and within 72 hours from the start date of delivered Activity. The exercise of this right within the time limits showed shall entail the obligation of Triscovery S.r.l. to immediately update the availability of Activity on the Platform, allowing other Buyers to make the reservation. The Buyer who deletes his reservation within the stated time will be entitled to the full refund of the amount paid excluding the transaction management costs measurable in 5% of the total amount paid.
E.1. CANCELLATION OVER 72 HOURSThe Buyer, after having booked an Activity on the Platform, accessing his private area, deletes it beyond the time specified in the preceding paragraph E.1., shall lose all rights, including the refund of the amount paid at the time of booking.
When this happens, Triscovery S.r.l. will apply the “No-Show”, billing its fee to the Seller. The Seller will be entitled to receive the amount collected at the time of booking net of the Triscovery fee and nothing will be due to the Buyer.
F) CLAIM MANAGEMENT AND REFUND REQUESTThe Buyer who believes they have suffered a Critical by the Seller, ie when the latter: i) does not appear at the place and date agreed for the Activity; ii) perform a completely discordant activity from what is described in the offer.
The Buyer is granted the opportunity to report a Claim with a simultaneous refund request within 24 hours from the time and date of the Start Activity, for serious defaults on Seller's execution or failure to perform the booked activity.
The Refund request with the reasons will be forwarded automatically to the Seller that, having assessed the request, they will to accept or deny the Refund not later than 48 hours after the notification of opening Claim.
After 48 hours, the Refund request is tacitly accepted by the Seller and the Buyer will be entitled to the full refund of the amount paid excluding transaction management costs measurable in 5% of the total amount.
Triscovery agrees to promptly notify by mail any Cliam requests in order to facilitate proper management by the Seller. Triscovery is not responsible if the Seller decides to deny the Refund to the Buyer by not recognizing the reasons given by the Buyer. Denying the Claim, the Seller assumes all responsibility for any retaliated actions undertaken by the Buyer.
In the event that the Buyer becomes responsible for Criticism: i) Not present at the place and date agreed for the Activity; ii) arriving with a delay of more than 15 minutes from the start date of Activity; iii) by terminating the Activity at its own discretion, it will not be entitled to any Refund.
3. USE OF TRISCOVERY SERVICES AND YOUR ACCOUNTThe only registration on the Triscovery.com site by the User, independently of the chosen category, Gives you the right to use the Triscovery Services free of charge.
The changes regarding Sellers will be communicated by the Triscovery homepage and by certified mail (PEC). Changes regarding Buyers will be properly advertised through the Triscovery.com home page.
In case of a commercial transaction being successful (ie a non-declined booking) between Seller and Buyer (B2B and/or B2C), Triscovery will be entitled to the Fee for Services, as well as any amount applicable to the Seller as defined in Section 2 Point C of this Agreement.
Amendments to this contract, communicated in the manner described above, are presumed accepted by the Users with the subsequent use of the platform.
Users who will not accept the new Triscovery proposals will be deleted from the site as non-acceptance will provide for the termination of this contract.
The User agree not to use the Triscovery Services improperly or in violation of the provisions of the Laws and Regulations and the Ethics and Good Use Policy of the Network Services. In particular, User agrees not to:
- Violate applicable laws or our Disclosure Rules - Simulate buying deals and / or conduct unfair trading practices;
- Spreading computer viruses or other technologies that can damage the site or its users;
- To carry out actions that can cause unreasonable overload to our technological infrastructures and which may interfere with the proper use of our site;
- Send chain letters or suggestions of pyramid schemes; copy, reproduce, alter, modify or distribute the content posted on the site;
- circumvent measures taken to prevent or restrict access to the site;
- Duplicate and/or create accounts other than their own, by fictitious naming or partly shared names with other registered users.
If the User uses Triscovery services, it is required to maintain the confidentiality of your account and password and controlling access to your computer, and agree, to the extent permitted by applicable laws, to be held responsible for all operations which will be made with your account and your password. .
You agree to take all necessary precautions to ensure that your password remains secure and confidential. You agree to inform us immediately if you have reason to believe that any third subject is aware of your password, or if your password is , Or presumably to be, used in an unauthorized manner.
You are required to make sure that the provided data is correct and complete and to promptly notify us of any change in the information provided. You can access and update most of the information provided in the settings section.
Therefore, you should not use Triscovery Services: (i) in such a way as to cause, or may cause, interrupt, damage or malfunction Triscovery Services and its functionality; or (ii) for fraudulent purposes or otherwise to commit any illegal activity, Or (iii) to cause disturbance, injury or apprehension.
4. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENTOnly registered users will be allowed to post reviews, comments and other content, send electronic postcards and other communications and submit suggestions, ideas, comments, questions or other information provided that the content is not illegal (ie obscene, abusive, intimidating, defamatory, does not infringe on privacy, intellectual property rights or otherwise offensive to Triscovery and/or third subjects or deplorable and does not, or in any case, contain viruses, political propaganda, commercial solicitation, St. Anthony's chain, Mass or any other form of spamming). You will not be able to use a false email address, pretend to be another person or subject or otherwise lying about the origin of a postcard or other content.
We reserve the right (but we have no obligation to act in the absence of a full report in any part of it at help@Triscovery.it) to remove or modify such content. If you believe that a content or a sales listing posted on the site or used in the Triscovery Services contain a defamatory statement or that your intellectual property right has been infringed by an article or information on the site or used Within Triscovery Services, we invite you to complete and send us an email to help@Triscovery.it and we will promptly eliminate any possible violation of Users or third subjects.
It assumes full and exclusive liability towards Triscovery S.r.l. and to third subjects, of the content you typed on the network.
Declares and warrants to have, in person or otherwise, property, or in any case, the availability of all rights 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 provided does not conflict with any of Triscovery's applicable policies and guidelines and that such use does not cause harm to third subjects.
Except where any liability is attributable to non-removal of illegal content following receipt of a notification to help@Triscovery.it, it undertakes to keep Triscovery S.r.l. from all legal actions undertaken by third subjects against Triscovery, arising out of or in any case related to the content and materials provided by you.
5. TRISCOVERY RESPONSIBILITYWe will do our best to ensure that access to services is provided Triscovery uninterrupted and that transmissions take place without errors. However, due to the nature of the Internet, uninterrupted access and no transmission errors can not be guaranteed. In addition, your access to Triscovery Services may also be occasionally suspended or limited to allow for repair, maintenance, or the introduction of new activities or services. We will try to limit the frequency and duration of these suspensions and limitations.
You will use the service provided by Triscovery S.r.l. In the knowledge that the latter does not guarantee anything about the identity, legal capacity, seriousness of intent or other characteristics of advertisers, the quality, the legality and security of the bidding activities, the truthfulness and the accuracy of the Descriptions provided.
Triscovery S.r.l. also does not guarantee the success of the transactions.
The User also assumes any responsibility for any damages that could occur to your computer system by the use of Triscovery Service.
By using the Service, with prior consent of Privacy as specifc form, the User may receive from third subject advertising materials whose origin and contents Triscovery S.r.l. is not involved and is not responsible for it.
We will not be responsible for any delay or failure to fulfill its obligations under these terms and conditions if the delay or failure arising from or due to force majeure. This provision does not affect the rights of Buyers deriving from the law and, in particular, the right to use the Reserved Activities within a reasonable time or to be refunded in the event of non-delivery of the Booked Activity for circumstances arising out of a case of accident or for reasons of force majeure.
Legislation in some states may prohibit the liability limitations now indicated. In the event that these provisions are applicable, the limitations of liability now indicated will not take effect and may have been recognized as additional rights.
6. NO ENDORSEMENT AND AFFILIATIONAlthough Triscovery S.r.l. has structured a careful process of companies selecting, does not guarantee the quality of the Activities traded through its Services, nor does it recommend any activity offered by the Sellers. Triscovery S.r.l. is limited to providing information about the Activities through the use of the Triscovery Services. The figure of Triscovery S.r.l. in the management of the Platform can not be assimilated to an agent or a distributor and therefore Triscovery S.r.l. does not act in the name and on behalf of any entity, company, person.
7. PERMISSIONS AND LICENSESBy accepting the Terms and Conditions of Triscovery declare: (i) have the necessary permissions to represent the company using Triscovery Services; (ii) to have permission to use, publish, spend content, trademarks, logos of the company that benefits from the Triscovery Services; (iii) to have the licenses, certifications and permits required for distribution, production, delivery and trade as established by Italian and Community law.
8. USERS OF TRISCOVERY SERVICESTriscovery S.r.l. identifies as users of the Triscovery Services the following macro-categories (Triscovery Users):
(a) Sellers: the enterprise, the association with legal personality or the authorized guide/tour guide or instructor operating in the tourist-cultural and agro-food sector.
b) B2C buyers without legal personality: to be considered as natural persons and therefore not having legal personality and specifically all potential visitors to Triscovery.com;
c) B2B buyers with legal personality: to be considered only persons with legal personality who operate specifically as Users of the Activities.
When you register on the Triscovery site you will need to choose to subscribe to one of the above categories of subjects by committing yourself to the obligations of each of the above categories.
Since Triscovery internally carries out content creation, you may, after express Seller's express written consent, create an account to facilitate and speed up the registration on the Seller Platform. The Seller accepts these Terms and Conditions of Use after first access and through the use of the Platform by benefiting Triscovery Services.
The Seller and Triscovery S.r.l. are legal entities that are independent and autonomous. Nothing contained in the Contract may be interpreted in such a way as to suggest that between the Seller and Triscovery S.r.l. exists or has been formed an association, a joint venture, an agency or franchise agreement, a contract of employment, a representation relationship, a subordinate employment or other equivalent relationship of control, representation, subordination or coordination.
Triscovery S.r.l. is not an auction house, nor acts as an intermediary between the Buyer and the Seller.
Seller does not have the power to make statements, formulate or accept proposals made on behalf of and/or on behalf of Triscovery S.r.l. nor can he make statements and/or issue any Declaration (on his Sales Channel or elsewhere) which may contradict what is indicated in this article. Triscovery, in turn, has no power to make statements, formulate or accept proposals or offers on behalf of and/or Seller's behalf.
Triscovery is and remains totally alien to the Purchase Agreement and the resulting relationship between the Buyer and the Seller. In no way the Contract can create an exclusive relationship between Seller and Triscovery. Nothing herein, implied or implicitly referred to the Agreement applies or may be valid for the purpose of determining, in respect of other subjects than Seller and Triscovery, the existence of rights, faculties, claims about the object of the Contract. The Agreement and all included terms, conditions, statements, indemnities, guarantees and provisions are intended to be, and are only for the exclusively benefit, as appropriate, of Triscovery, the Seller and/or Buyers.
The Seller will be the only and exclusive responsible - to Triscovery, the Buyer and/or any other subject, also not included in this Agreement - for any third subject use, authorized or not authorized by the Seller itself, to make Credentials of Authentication, Site, Platform and / or Marketplace Platform Services.
8.1. OBLIGATIONS FOR SELLERSThe term "SELLERS" means the category of subjects under paragraph a) (defined above) who have their own web page on Triscovery.
The Seller shall provide to Triscovery S.r.l. the personal information required by the Service also undertake to keep updated and ensure the truthfulness, completeness and accuracy. All information provided on the original registration request will be included in the registration data. All Seller's registration data will be processed and used by Triscovery S.r.l. under the privacy and security rules provided by the law, as indicated in the Privacy Statement.
The Seller undertakes to include, into the backoffice, all kinds of information related to the offered activities, timetable and complete availability, price (including VAT) and any information relating to them and useful for making informed the Buyer in a satisfactory way about the proposed activities.
This information will be used by Triscovery S.r.l. to set up the Voucher related to offered Activity to be sent to the Buyer after making the reservation, including an analytical description of start and end times, meeting place, telephone contacts and any equipment or clothing necessary for a safe fruition of the Activity. The Seller assumes all responsibility for the Activities that sells and the commercial information it provides to Triscovery for publication.
The Seller undertakes not to distract, directly or through third subjects, in any way the Service. Triscovery S.r.l. shall in no way be held responsible for the unlawful, illegal content, misleading, inaccurate bid, committing the seller to indemnify and hold harmless Triscovery S.r.l. from any request in this regard.
Triscovery S.r.l. does not in any way respond to damages or loss caused to the Seller or to third subjects.
The Seller undertakes to respect its own offers content to comply with all provisions of existing laws, with particular reference to the principle of contractual good faith and free competition.
The Seller undertakes to offer for sale on the Marketplace the Activities under conditions, in particular, of price and quality, at least equal to those that he normally practices on the Sales Channels.
The Seller that has and/or uses any digital channel for the sale of its Online Activities, a channel of its own (business e-commerce), a direct channel, is obliged to align the price of its activities to those of the Triscovery Platform, in order to make Triscovery marketing activity more effective and increase its sales volumes on the Platform.
The Seller, in fulfilling this obligation, can update its offerings by providing reduced prices, if required by its price list, as well as group discounts. The breach of this obligation to comply with its sales list involves, according to Article 13.3 of this contract, the right to Triscovery S.r.l. to unilaterally withdraw from the contractual relationship, and to delete Seller's account from the Platform.
The Seller, by signing up to the platform and accessing its reserved area, undertakes to update the Availability of Activities offered day by day.
The Seller is entitled to increase or decrease the Availability of its Activities in full autonomy, taking into account that reservations already posted and visible in their own panel as "bookings in progress" are binding reservations to Buyers.
In order to make available and visible only the vacancies, the Seller is obliged to update autonomously the Availability of the Activities, increasing or decreasing them, always taking into account the Reservations already made through its direct sales channel and therefore ensuring the effective number of vacancies showed.
The Seller hereby, subject to immediate exclusion from the Platform and consequent interruption by Triscovery Services, undertakes not to contact the Buyers of the Triscovery Platform with any means for commercial purposes.
8.2. OBLIGATIONS FOR B2C AND / OR B2B BUYERSThe term "BUYERS B2C and/or B2B" means the category of subjects under paragraph b) (defined above) who have the right to register on Triscovery.
The B2C and/or B2B Buyer must provide to Triscovery S.r.l. the personal information required by the Service also undertake to keep updated and ensure the truthfulness, completeness and accuracy. All information provided on the original registration request will be included in the registration data. All B2C and/or B2B Buyer registration data will be processed and used by Triscovery S.r.l. subject to the privacy and security rules provided for by the law, as showed in the Privacy Statement.
B2C and/or B2B buyers directly respond to the content of their publications or communications and comments and, in the event of negative feedback from other Users, Triscovery S.r.l. has the right to take action against this.
B2C and/or B2B Buyers are obliged not to disturb the Service in any way, directly or through third subjects. Triscovery S.r.l. shall in no way be held responsible for any unlawful, illegal, misleading, inaccurate requests to other Users, engaging the Buyer B2C and/or B2B to indemnify and hold harmless Triscovery S.r.l. from any request in this regard.
Triscovery S.r.l. shall not in any way be liable for damages or loss caused to Buyer B2C and/or B2B or to third subjects. The B2C and/or B2B Buyer is responsible for the content of their messages, and in general of all interactions with other Users, including the use of the Triscovery Service and the "Feedback" section, subject to all applicable laws and the General Conditions of Use of Triscovery.
The B2C and/or B2B Buyer undertakes to communicate to Triscovery S.r.l. through the Platform every successful transaction and, if necessary, to fill out a form in which to enter the transaction data itself, including the counterparty judgment to be submitted as a Rating.
The B2C Buyer who will benefit other Triscovery Services, for non-professional or corporate purposes, will be considered in all legal terms as a "final consumer", thus applying, as far as possible, the legislation referred to Italian Consumer Code (D. lgs n. 206 of 6 September 2005 and subsequent amendments).
8.3. VOUCHER TRISCOVERYWhen the purchase procedure is completed, the User will receive the Triscovery Voucher by the email used at the time of registration, which can be printed.
The Buyer must necessarily submit to the Seller who directly provides the Activity, the Voucher for the Purchased Activity, printed on paper, or displayed on the Tablet or Smartphone. The reservation can not be performed without the presentation of the valid voucher. For security reasons, at the time of submitting the Voucher, you may need to submit a valid photo ID and sign (or send by mail) the Voucher.
In the event of damage caused by the Buyer to the Seller's Equipment and Furnishings, Triscovery will provide to the Seller the Buyer's personal and customer contacts which will be required to compensate for the damage created or the possible deductible, if any.
In the event of disputes concerning the interpretation and application of these General Conditions of Use and/or any default or disqualification attributable to Triscovery S.r.l. and related disputes, will be devolved to the forum of the place where it has its registered office Triscovery S.r.l. or, in the event that the dispute involves a B2C Buyer, the forum of the place of residence of the latter.
Any dispute between Users regarding the sale’s contract on the Platform will be governed by the respective general terms and conditions of sale by the Contracting subjects, including any exclusive terms clauses.
The User will be subject to the policies and terms of the General Terms and Conditions applicable at any time when using the Triscovery Services. Should any of these conditions be deemed invalid for any reason, this condition will not affect the validity and effectiveness of other predictions.
Therefore, we reserve the right to modify, integrate and/or cancel all or part of the General Conditions. In the above hypothesis, we undertake to inform the User of the contractual modifications in the manner specified in section 3. The amendment will constitute a special replacement attachment that forms an integral part of the contract. The subsequent use of the Service will automatically accept the new contractual terms.
In the event of serious violations of these General Conditions of Use, Triscovery S.r.l. reserves the right to suspend the User from the Services without any possibility of refund or compensation.
Any termination of the contract involves the immediate prohibition access to the Triscovery.com site and the deletion of all data and/or webpage on behalf of the defaulting User, including the cancellation of the current reservations, without any liability against the contractual counterparty that may be addressed directly to the User excluded from the site.
12. MINORSWe do not sell Services to Minors. Activities sold to children can only be purchased by adults. If Buyer is under 18, you can use Triscovery Services only by involving a parent or tutor.
13.DURATION AND RESOLUTION
13.1 DURATIONThis Agreement is effective as of the date on which 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 13.
13.2 - TERMINATION BY YOUExcept as otherwise agreed in writing, you may terminate this Agreement at any time by contacting Customer Service and closing your Account. Sellers who have any bookings in progress with Buyers, in any case, will have to do so in the timing and in the manner offered. If you stop using the Triscovery Sales Service for a period of at least 24 months, you indicate that you wish to terminate this Agreement and we will close your Account.
At the closing of your account, any pending transactions will be canceled. The amounts that we hold on your account at the time of your closing, net of any amounts due from you or that can not be paid under this Agreement, may be transferred, provided that all the authentication requirements for the withdrawals have been satisfied (for example, you can not close your Account to waive payment restrictions). In the event that an account is being verified at the time of closing, its funds may be held back. If it is subsequently established that it has the right to receive the amounts complained, in whole or in part, the relative amounts will be credited to your bank account.
13.3 - SUSPENSION OR RESOLUTION BY OUR OWNExcept as otherwise agreed in writing, we may terminate the Service and this Agreement for any reason and at any time, with written notice of two (2) months. Subject to the foregoing, we may suspend the Service and prevent access to your Account (including, but not limited to, the sums on your Account) if (a) you violate the provisions of this Agreement, (b) we will ensure that your risk profile is unacceptable for us, (c) Provide false, incomplete, incorrect or misleading information (including, but not limited to, any registration data) or has committed fraudulent or unlawful conduct, (d) we will feel that there are security issues with respect to your Account, including your Credentials or (e) we believe that you have been unauthorized or fraudulent use of your Account or payment information associated with your Account. In these events, you will be informed for the suspension of your Account with the reasons, where possible, before it happened or at the latest after the same, except in cases where such communication may compromise security measures or is prohibited by applicable law.
We will reactivate your Account or Credentials, or replace them, if applicable, once the reasons for the suspension have ceased and evaluate your justifications. In the case of non-justification of the disputed claims or non-fulfillment of the obligations and these general conditions of use within a period of 15 days from the notice of suspension, the contract will be resolved by law under art. 1456 Italian Civil Code.. You will need to inform us at email@example.com to request re-activation of your Account.
13.4 - EFFECTIVENESS OF RESOLUTIONWe may not be held liable for any direct or indirect damages, including damages for loss, early sales, goodwill or expenses, investments or obligations related to the resolution or suspension of Service. In the event of termination of this Agreement for any reason: (a) you will remain responsible for payment of all Commissions and other payment obligations for the Service accrued up to the date of termination; (B) any license or other rights recognized to the subjects under this Agreement shall cease to be effective immediately; (C) return or destroy and discontinue use of all Triscovery Materials and Trademarks and (d) no longer have access to the Sites.
14. STATEMENTS AND GUARANTEES; DISCLAIMER
14.1 STATEMENT AND GUARENTEESThis Agreement is effective from the date you register to open an Account with us on Triscovery. The Contract remains effective until it is resolved in accordance with the provisions of this Section 14.
14.2 - LIMITATION OF LIABILITYWithin the limits provided by the applicable law, we, and our respective employees, directors and agents, shall be liable for any indirect, incidental, punitive or consequential damages arising out of or in connection with this Agreement, the Triscovery Website or the Service (including, impossibility to use the Service). In addition, and subject to the foregoing, we and our respective employees, directors and agents shall be liable for any damages arising out of, or related to, the purchased Activities or the Transactions completed through the Service, within the limits of applicable law.
Subject to the provisions of Section 5 of these Terms and Conditions of Use and to the extent permitted by applicable law, in no case will our aggregate responsibility or our respective employees, directors and agents deriving from or relating to this contract or to the transactions contemplated herein, For contract, for misdemeanor (including for example guilty or for damages), warranties, or otherwise, it may exceed the amount of Commissions we have received in connection with the use of the Service within the three (3) months immediately prior to the event giving rise to the claim for damages.
Notwithstanding the foregoing, in any case we will be liable to you for failures or delays by us (or our employees or agents) in the execution of the obligations under this Agreement, in cases where such failure or delay is due to abnormal and unforeseeable circumstances beyond our control and whose consequences it could not have been avoided even if all reasonable efforts to prevent them, or in cases in which we are subject to other obligations under applicable law.
Laws 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 these laws are applicable, some or all of the exclusions or limitations of liability may not apply and you may have further rights than those provided for in this Agreement. Our responsibility is limited to the maximum extent permitted by law.
14.3 – INDEMNITYYou are required to defend, indemnify and defend us and our respective employees, directors and agents from and against any dispute, cost, legal action, dispute or claim and any loss, damages, liability, penalties, interest and expense (Including, but not limited to, legal fees) arising out of disputes, legal actions, investigations, inquiries or other proceedings promoted by any person in relation to: (a) a proven or possible breach by you of the declarations, warranties or obligations contained in this Agreement, including, but not limited to, violations of our Policies; (b) known or possible injury, encroachment or violation of third subject rights or applicable laws deriving from the use of your trademarks in connection with the Service or from your Web site or application that uses the Service; (c) your use of the Service; (d) a transaction from you sent through the Service.
Under and for the purpose of Articles 1341 and 1342 of Italian Civil Code, you declare to accepr, approve and therefore specifically and expressly to sign the contract provisions contained in sections:
1. GENERAL CONDITIONS OF USE
2. TRISCOVERY SERVICES
3. USE OF TRISCOVERY SERVICES AND YOUR ACCOUNT
4. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENTS
5. TRISCOVERY RESPONSIBILITY
6. NO ENDORSEMENT AND AFFILIATION
7. PERMISSIONS AND LICENSES
8. USERS OF TRISCOVERY SERVICES
9. APPLICABLE LAW AND COMPETENT COURT
10. SERVICE CHANGES OR VARIABLES AND INTEGRATIONS OF CONDITIONS
11. DISCLAIMER AND FACULTY OF EXCLUSION
13. DURATION AND RESOLUTION
14. STATEMENTS AND GUARANTEES; DISCLAIMER
The User declares that has read the Contract carefully, understands the content and accepts it in its entirety.
Triscovery S.r.l. recognizes the importance of protecting the privacy and rights of users who use its site and its services. The Internet is potentially a very powerful tool for the circulation of personal data; Triscovery is committed to complying with the regulations regarding the protection of personal data and security in order to guarantee the safe, controlled and protected browsing of users.
This privacy statement may be amended in the future to ensure continued compliance with all applicable rules and regulations in case of modification or updating.
Users are invited to carefully read the rules applied by the company to collect and process personal data and continue to provide a satisfactory service.
2. WHO IS THE OWNER OF YOUR PERSONAL DATA?
When this Privacy Notice mentions "Triscovery", "the Site", "the Company" and refers to Triscovery S.r.l., company registered in the Companies Register of Trapani n. 187004, VAT number 02652010816 with registered office in Via Quiete, 14 - 91100 Trapani.
• Users who consult and use the website
• Users who use the service.
The user is informed that his personal data is stored and processed by Triscovery according to the methods and for the purposes listed below, in accordance with the methods and the purposes permitted according to the General Regulation (EU) 2016/679, of 27 April 2016, on data protection (GDPR).
3. WHAT CATEGORIES OF PERSONAL DATA DO WE COLLECT?
We can not help users to book perfect travel and discovery experiences without information, which is why we need some basic data when users use our services. Here are the categories of personal data that we process:
3.1 Personal data provided by users
3.1.2. Sensitive data (for example, information related to your health or revelation of religious or sexual orientation) that the User may voluntarily provide during a reservation requesting transportation or special needs, requesting cancellation or other, requesting by telephone to our team customer support, through live chat or any means, when making a reservation or at another time. We will use sensitive data only if and for the period strictly necessary in order to satisfy the User's request.
3.2 Personal data of third parties provided by the User
3.3 Data on minors
Please note that Triscovery's registration and booking services are not aimed at anyone under the age of 18.
3.4 Other personal data provided by users
3.4.1. Payment details. We do not store any payment data, this type of information is only sent to trusted third-party companies. Please refer to this information in section 4 for further details.
3.5 Personal data collected automatically
3.5.1. Information on visits and use of our website, through the computer systems and software procedures used to operate the website during their normal operation following the use of Internet communication protocols. This category of data includes IP addresses or domain names of the users' computers connecting to the website, the Uniform Resource Identifier (URI) of the requested resources, the time of the request, the method used to send the request to the server, the file size received in response, the numeric code indicating the status of the response provided by the server (successful, error, etc.) type and version of the browser, browser language, operating system, geo-location, reference source, duration of visit, page views and navigation paths of the website, as well as information on the times, frequency and model of use of the website and other parameters relating to the user's operating systems and computer environments.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to check its correct functioning. The data could be used to establish liability in case of potential cybercrimes that damage the website.
3.5.2. To the extent permitted by applicable law, when we receive additional information about Users, such as information on the detection of frauds and notices by third-party service providers and / or partners for our fraud prevention activities.
3.6 Personal data collected by third parties
Some data are collected directly or indirectly by third parties. Here is an example of third parties with whom we share information:
- Google Analytics - collects information on how visitors use our website.
- Google Adwords - collects information on how visitors use our website.
4. WHY WE COLLECT THE PERSONAL INFORMATION OF USERS?
The personal data of users will be handled or electronically which are such as to guarantee, in relation to the purposes for which such data are communicated and collected, data security and confidentiality, as well as to prevent unauthorized access to such data, for the time strictly necessary to achieve the purposes of its collection.
he data will be processed at the legal and operational headquarters of Triscovery and at the server farm and at the offices of the parties to whom such data may be be communicated.
In general, we use the personal data of users to provide the services requested, process payments, provide services to customers, send marketing and promotional communications, notify important changes to the booking or to our website and to provide our contents and announcements that we think may be of interest to you. In particular:
- for the collection, storage and processing of data in order to establish and manage, in operational and administrative terms, the transaction related to the provision of the requested service
- to send communications via e-mail, telephone or SMS on the booking, including communications related to the good performance of the same
- to comply with legal and regulatory obligations and requests
- for the collection, storage and processing of data to perform anonymous and / or aggregate statistical analysis;
- to send by e-mail, phone, mail, SMS, except where denied by the User, Triscovery advertising material on products or services similar or related to the services or products offered on the website
- only with the explicit consent of the user, to send by e-mail, phone, mail, SMS the best travel offers / free time and offers for services or products provided by operators
- to protect our website and our s and to prevent and detect fraud, security incidents and other offenses
- to verify compliance with our terms and conditions and for the establishment, exercise or defense of legal claims.
If you refuse to provide your personal data may not obtain the services requested in relation to the purposes set out in the points in Section 4; furthermore, Triscovery could be prevented from supplying the service correctly and respecting the contractual obligations established in the terms and conditions.
The User's refusal to provide their data or to give their consent for the purposes indicated in the points in section 4 implies that Triscovery will not be able to send to the User its offers indicated in the points in section 4.
5. IN WHICH LEGAL CONTEXT, WE TREAT PERSONAL DATA OF THE USER
We will process the personal data of the User, where necessary, in order to:
5.1. fulfill a contract, or adopt measures related to a contract, also in order to provide the offer, process the payment and respond to requests and reservations made by the user
5.2. abide by the law and establish, exercise or defend our legal rights
5.3. to pursue our legitimate interest:
5.3.1. improve our websites, features and products;
5.3.3. improve our service and our offers
5.3.4. guarantee the security of the website;
6. WHO MANAGES YOUR PERSONAL INFORMATION?
Triscovery will make sure that all personal data provided is not disclosed and processed in such a way as to guarantee its security and confidentiality, as well as to prevent unauthorized access. All personal data and information provided by Users can be communicated, for the purposes above reported, to the following categories of subjects:
6.1. Employees and / or collaborators of the company that provide assistance and advice in the field of administration, accounting, legal affairs, assistance for the user, IT systems and responsible for the maintenance of the company network and hardware / software equipment;
6.2. Tour operators and all other parties who need to communicate data for the execution of the contract.
6.3. The parties whose right of access to the data is recognized by legal provisions or orders issued by the competent authorities.
6.4. The parties delegated and / or appointed by data controllers to perform activities related to the provision of the service.
7. HOW LONG DO WE KEEP YOUR DATA?
We will keep your personal data in relation to the services we provide. In addition to the above, if you are subscribed to our newsletter, we will keep your e-mail address for this purpose until you ask to be deleted.
Your personal data will generally be kept for a maximum of 4 years. However, we may retain your personal data for more than 4 years if we need it to fulfill our contractual obligations to you and to the law that requires us to maintain them for a longer period.
8. TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
Some third parties to whom we may transfer your personal data may be located outside the EEA. In the event of a transfer, we will endeavor to ensure that appropriate safeguards are in place to protect your data which may include the inclusion in a data transfer agreement with such third parties to ensure adequate protection of your information.
9. WHAT ARE YOUR RIGHTS ON DATA?
In accordance with the General Regulation (EU) 2016/679, dated 27 April 2016, on data protection (GDPR), the following rights are recognized in relation to the processing of personal data:
9.1. Right of access. Users have the right to know the personal data we have collected about users and, in this case, to obtain a copy of such data and information on processing.
9.2. Right of rectification. Users have the right to update, correct errors, modify data that could be inaccurate or incomplete.
9.3. Right to cancel. Users have the right to cancel or limit the processing of data or part of the data we have collected on users in the event that the processing is illegal or that the purpose for processing or archiving has ceased.
9.4. Right to oppose. Users have the right to object to the processing of user data in the event that the purpose of the processing is direct or that the processing should be interrupted for reasons relating to the personal situation of Users, unless they are able to prove valid legitimate reasons for continuing to prosecute them or that processing is necessary for the exercise or defense of legal claims.
9.5. Right to data portability. Users have the right to receive a copy of personal data provided by users in a structured and commonly used format.
9.6. Right of withdrawal. Users have the right to withdraw any consent they have provided in relation to the processing of personal data, although we may have other legal reasons for processing user data, such as retention of accounting and tax documents.
To exercise your rights, please email us at firstname.lastname@example.org or send your request by mail to the following address: Triscovery Srl, Via Quiete 14 - 91100 Trapani. In your request, you must clearly state:
• your personal identity, indicating your full name and the email address you used to create an account
• the right or rights you are exercising.
The exercise of these rights is free, unless you make unjustified or excessive demands.
10. OUR CONTACTS
This website is owned and managed by Triscovery S.r.l.
You can contact us:
10.1. by mail, to Triscovery S.r.l. Via Quiete 14, 91100 - Trapani.
10.2. by phone +39 393.8942947