Terms and Conditions
PREAMBLE
Thunder S.r.l. is an Italian company that manages the Triscovery software, i.e., the digital platform and its related applications, used to present, compare, book, rent, and purchase tourism services, acting as an intermediary between:
Consultants and Users
Consultants are defined as operators, companies, businesses, individuals, etc., who are authorized to sell services.
Users are defined as purchasers: individuals over the age of eighteen (B2C), associations, companies, or businesses (B2B) who pay a fee established for the requested service.
Consultants and Users must accept the Terms and Conditions of use outlined below:
Thunder S.r.l. selects its Consultants to ensure that the website Triscovery.com is user-friendly and allows for:
-
organizing, booking, advising, and communicating between Users and Consultants,
-
making payments via electronic transactions.
Thunder S.r.l. is not directly involved in transactions between Users and Consultants.
Thunder S.r.l. does not control the quality of the proposed activities, nor their safety, morality and/or legality, nor the truthfulness, accuracy, or content offered and/or published by Consultants on the Platform.
Thunder S.r.l. assumes no responsibility for the sales contract and its execution and does not act as a Consultant.
Thunder S.r.l. provides the functionalities of the website when visiting or making a purchase on Triscovery.com.
The Commission is the amount charged by Thunder S.r.l. to the Consultant for using the Platform and is applied to each purchase made by the User, calculated as a percentage of the experience cost.
The experience cost is the sum owed by the User to the Consultant for the requested service; the amount is defined exclusively by the Consultant and includes taxes, social contributions, and other applicable charges.
GENERAL TERMS OF PLATFORM USE
Thunder S.r.l., with its registered office at Via Sos Dorroles n.5, Cala Gonone (08022), a district of Dorgali, registered with the Nuoro Companies Register under number 107921, VAT number: 01519100919,
requests that you carefully read these General Terms of Use.
Use of the Triscovery platform implies full knowledge and complete acceptance of the clauses set out below:
Triscovery.com offers a wide range of functions; therefore, there may be additional terms and conditions from third parties.
To access the Triscovery Platform, it is necessary to register on the website Triscovery.com.
ELECTRONIC COMMUNICATIONS
When a User uses the Platform, sends emails to Triscovery.com, or communicates electronically, information is exchanged via email or notices and communications on the site. Subject to mandatory legal provisions, for the purposes of this agreement, the User agrees to receive communications from us electronically and acknowledges that all contracts, notifications, and information meet the written form requirement where required by law.
COPYRIGHT, DATABASE RIGHTS, AND CONTENT
All content present on or made available through the Platform, in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections, software, listings, or other databases, is the property of Thunder S.r.l. or its content providers and is protected under Italian law and international copyright and database laws. It is not permitted to extract and/or systematically reuse parts of the Platform without the express written consent of Thunder S.r.l.
The use of data mining, robots, or similar acquisition devices to extract or reuse any substantial part of the Platform is not allowed without our express written consent. Users may not create and/or publish their own database reproducing substantial parts (e.g., prices and lists of offered activities) of the Triscovery Platform without the express written consent of Thunder S.r.l.
Downloading and reusing texts and photographic material produced by Thunder S.r.l. is not permitted without express written consent. Any content authorized and used by Users must clearly indicate the author (Thunder) and link back to one of the pages on Triscovery.com.
Thunder S.r.l. has no control and assumes no obligation regarding:
-
the content accessed through the Platform, or the effect such content may have on the User;
-
how the User interprets and/or uses the content;
-
the Users who access the Platform;
-
any actions Users may take as a result of exposure to the content.
By accepting these General Terms of Use, the User releases Thunder S.r.l. from all liability related to the acquisition or non-acquisition of content accessible via the Platform.
Content on the Platform may contain information that some individuals might find offensive and/or inappropriate. Thunder S.r.l. is not responsible for the accuracy of the information, descriptions, or recommendations available through the Platform.
TRADEMARKS
Graphic materials, logos, page headers, icon buttons, fonts, and trademarks included or made available through the Platform are trademarks or distinctive signs of Thunder S.r.l.
Thunder’s trademarks and distinctive signs, registered with the EUIPO (European Union Intellectual Property Office, responsible for managing EU trademarks and registered community designs), may not be used in connection with products or services not belonging to Thunder in a way that could create confusion among Users or in any manner that could denigrate or discredit Thunder. All other trademarks not owned by Thunder S.r.l. appearing on the Platform are the property of their respective owners, who may or may not be affiliated, connected, or sponsored by Thunder.
LICENSE TO USE THE PLATFORM
Subject to the User’s compliance with these General Terms of Use, Thunder S.r.l. or its content providers grant a limited, non-exclusive, non-transferable, and non-sublicensable license to access the Platform. This license does not include the right to resell content, collect or use listings, descriptions, or prices of Activities, create derivative uses of the Platform or its content, download or copy account information for the benefit of third parties, or use data mining, robots, or similar acquisition and extraction devices.
All rights not expressly granted herein remain with Thunder S.r.l. or its licensors, suppliers, publishers, owners, or other service providers.
It is not permitted to reproduce, duplicate, copy, sell, resell, visit, or otherwise use the Platform for any commercial purpose without our express written consent. Framing or using framing techniques to misappropriate any trademark, logo, or other proprietary information (including images, text, page layouts, or format) of Thunder without our express written consent is prohibited. The use of meta tags or any other "hidden text" using Thunder’s name or trademarks without our express written consent is prohibited. Users must not misuse the Platform.
The Platform may be used exclusively within the limits permitted by law. Violation of these General Terms of Use will result in revocation of the authorization or License granted by Thunder S.r.l.
PLATFORM OPERATION
Thunder S.r.l. carefully selects the Consultants who may register on Triscovery.com and the related content. Thunder S.r.l. reserves the right not to accept the registration of businesses or legal entities that do not meet certain quality, honesty, and commercial transparency criteria. The judgment of Thunder S.r.l. regarding Consultant selection is final.
Functions offered by the Platform:
A) CONSULTANT SPONSORSHIP:
Consultants may present their Activities on Triscovery.com through a "virtual showcase," consisting of audiovisual content (e.g., photos, videos, audio) and textual content (e.g., Activity descriptions). Such content is created independently via the Consultant’s management panel. Any other content owned by the Consultant provided to Thunder S.r.l. for publication on Triscovery pages or other channels managed by Thunder S.r.l. (pages and profiles on social networks, etc.) implicitly grants Thunder S.r.l. full authorization for use, including financial and liability release.
All content must be approved and reviewed by Thunder S.r.l., which may suggest and/or modify content before publishing on the website to ensure all Consultants have commercial visibility. Thunder S.r.l. also provides photoshooting and, if necessary, videoshooting services for Activities, retaining intellectual property rights and SEO-focused textual composition.
B) COMMERCIAL TRANSACTION "MARKETPLACE":
Thunder S.r.l. offers Triscovery.com as a virtual platform to connect Consultants and Users, facilitating the supply and demand of services (Activities).
Buyers can book and purchase Activities directly through Triscovery.com.
Consultants automatically accept User bookings based on availability set through their control panel. Automatic booking acceptance is subject to availability and timeframes configured by Consultants. Consultants are responsible for all operations necessary to deliver the purchased Activity.
For example, if booking a “daily mini-cruise excursion,” the nautical operator must allow the Buyer to board the mini-cruise and ensure all services included in the purchased offer are provided.
Failure to fulfill the booking due to unavailability of the Activity, serious and continuous inability to provide the Activity, or excessive delay allows Thunder S.r.l. to display the percentage of bookings with anomalies (e.g., ratio of canceled to received bookings), show average delay times, and, if these metrics do not align with Platform averages, delete the nautical operator’s account.
Consultants have an intuitive tool to make Activities visible or invisible online. To avoid negative reviews or Platform exclusion, Consultants must make unavailable Activities invisible to Users.
Refund requests must follow the official procedure in the User panel on Triscovery.com, using the Buyer’s email and password. Requests not formally submitted cannot be processed by the Thunder team.
By the fifth working day of the following month, if no complaint or refund request is received, Thunder will make the transaction amount visible to the Consultant. The Consultant will receive the sum via an automatic monthly bank transfer, net of applicable commissions and costs.
Thunder Commission invoices are available in the Consultant’s Billing section of the control panel.
Amounts available to the Consultant will be reduced by:
-
a Platform usage commission of 20% + VAT (24.40% of the transaction amount), where applicable;
-
any post-transaction costs related to bookings for which funds were previously made available by Thunder;
-
other documented and agreed costs, such as marketing services to facilitate the sale of Consultant Activities;
-
credit card company fees related to refunds or chargebacks.
The annual one-time bank transfer management fee is €81.96 + VAT, automatically deducted from August bookings. For winter operators, the fee is applied at the end of the season (March/April).
New users are exempt from the fee for their first year. From the second year, the fee applies only to operators with sales volumes of €2,000 or more.
Simultaneously with the crediting of the amount made available to the Consultant, Thunder S.r.l. will issue an invoice for the Commission charged to the Consultant.
Thunder S.r.l. is not responsible for the transaction, any fraudulent use of credit cards, the quality of Activities provided by Consultants, and will evaluate, through its internal team, any complaints and refund procedures.
Account Deletion by Operators
Operators may request the deletion of their account from the Triscovery platform at any time (after the first 12 months), provided there are no active bookings.
If confirmed bookings exist, the deletion request will be suspended until all ongoing bookings are completed, and the availability calendar will remain active and cannot be blocked by the Consultant.
Once the last active booking is completed, the Activity will be automatically removed from the platform, and the Consultant’s account will be deleted.
Consultants may not request account deletion due to a lack of understanding of the Triscovery platform; in such cases, Consultants must remain in the system for a minimum binding period of 12 (twelve) months from the account activation date.
After this period, Operators may request deletion without any additional cost.
If the Operator requests deletion before the 12-month period, Triscovery reserves the right to charge €150.00 + VAT at 22% as reimbursement for management and promotion costs of the Activity on the platform. This amount will be invoiced accordingly.
Bookings, Timelines, Date Closures, and Cancellations by the Operator
Since most Clients make bookings with short notice, Triscovery allows booking of activities and excursions up until 24:00 (midnight) of the day prior to the Activity, unless the relevant dates have been previously blocked by the Operator.
If the Operator intends to make certain dates unavailable, it is not sufficient to block the dates in the calendar; they must also notify Triscovery via SMS or WhatsApp to the contacts provided by Triscovery no later than 18:00 on the day before the Activity, so that deadlines can be properly managed by the platform.
If such communication is not provided within the specified timeframe, dates will remain bookable, and Client bookings will be considered valid, confirmed, and binding.
If the Operator cancels a valid and confirmed booking for reasons not attributable to Triscovery, the Client will be entitled to a full refund.
In such cases, the Operator will be charged the commission due to Triscovery, plus a penalty equal to 25% of the total booking amount, excluding VAT, to which the current VAT rate of 22% will apply. This amount will be invoiced by Triscovery.
Documentation Obligations of the Operator
The Operator agrees to provide Triscovery, at any time and upon simple request, any documentation necessary to verify the regularity of their activity, including but not limited to:
-
Valid business license and/or company registration;
-
Tax identification;
-
Copy of a valid insurance certificate compliant with applicable laws;
-
Vessel registration document;
-
Any additional documentation required by law, competent authorities, or necessary for the legal operation of the activity.
Failure to provide, incomplete, or non-compliant documentation may result, at Triscovery’s discretion, in temporary or permanent suspension of the account and removal of Activities from the platform, without the Operator being able to make claims or request compensation.
Use of Users’ Contact Information
The Operator may use the phone number and email provided through Triscovery exclusively to:
-
Communicate any delays, changes, or cancellations of the Activity due to force majeure;
-
Provide the User with location details and information about the meeting point required for the booked Activity.
Use of contact information for purposes other than the above is strictly prohibited, including but not limited to:
-
Requesting positive or negative reviews;
-
Sending intimidating, harassing, or inappropriate messages;
-
Asking the User to cancel or modify a booking to the detriment of Triscovery or to circumvent the platform system;
-
Any communication aimed at evading commissions, contractual conditions, or services offered by Triscovery.
Non-compliant use of Users’ contact data constitutes a serious violation of these Terms and may result, at Triscovery’s discretion, in immediate suspension or deletion of the Operator’s account.
In such cases, Triscovery is entitled to claim damages, quantified as follows:
-
€150.00 + VAT at 22% for early termination of the relationship;
-
A penalty equal to 25% + VAT at 22%, calculated on the total amount of all experiences booked through Triscovery by the Operator, regardless of completion or cancellation status;
-
Flat-rate reputational damages ranging from €1,000.00 to €5,000.00 + VAT at 22%, depending on the severity of misuse of Users’ data and the reputational impact on the platform.
Triscovery reserves the right to claim further damages if demonstrable.
Cancellation by Users and Refunds
Users may cancel their booking up to 120 (one hundred twenty) hours before the scheduled Activity date and time, with the right to a full refund.
Refunds will be processed via bank transfer, after the User provides the following information:
The User will be contacted via email or phone/WhatsApp provided during booking to collect the data necessary for the transfer.
The bank transfer will be completed within 7–15 working days from the refund request, excluding Saturdays, Sundays, and Italian public holidays.
B.1 – USER CREDENTIALS
The email address and password chosen by the User will be used to access and use the Platform and to send communications. The password and any access key or other login credentials are the “Credentials.” The User must maintain the confidentiality and security of their Credentials. The User may not share their Credentials with third parties (except those authorized to use the Account).
The User initiates transactions using their Credentials. After consenting to a payment authorization or booking, the User cannot revoke the authorization or otherwise withdraw consent for the transaction.
In case of compromised Credentials, the User must immediately notify Triscovery by writing to help@triscovery.com, so that the Account can be suspended on the Platform and unauthorized transactions prevented.
B.2 – PERMITTED USE
The User must comply with all laws, rules, and regulations applicable to the use of the Platform, including, by way of example, our rules of use described in this agreement. Notwithstanding the foregoing, the User may not act as a payment service provider, intermediary, service agency, or otherwise resell access to the Platform on behalf of third parties, including, by way of example, moving, processing, or transmitting funds on behalf of third parties.
C.1 – CONSULTANT ACCOUNT
- Difference Between “Payment Account” and Consultant’s “Bank Account”
For the Consultant, the “Payment Account” is not their bank account but a software system for managing transactions. To use the Payment Service, the Consultant must have a “Payment Account” linked to their bank account.
The Consultant’s Payment Account is activated upon registration to the Platform (creation of an Account, as defined below) and is governed by the provisions of this Agreement. In their control panel, the Consultant can set the bank account details where funds related to transactions will be received.
Opening a Payment Account incurs no cost to the Consultant.
- Eligibility to Use the Payment Service
To use the Payment Service, both the Consultant and the User must provide complete and accurate registration data. For individual registrations (e.g., B2C Buyer), the User must be at least 18 years old. For a Consultant registering as a legal entity, the company or business must be established and authorized to operate in one of the countries we support, as indicated on our Sites at the time of Account creation.
Consultants must meet our eligibility requirements to open and maintain an Account. All activities conducted through an Account are considered to be performed by the registered User. Accounts may not be used on behalf of other individuals or legal entities. Users must promptly update their registration data to ensure it remains complete and accurate. We reserve the right to refuse access, suspend Platform use, or close Accounts of legal entities at any time and for any reason.
Consultant Account
Creating a Consultant Account entails creating a Payment Account and providing a bank account. Consultants may use an Account only to sell services related to their business. Consultants must provide their contact and billing details (e.g., business name, address, phone number, email, VAT number).
- Role of Thunder
Except for managing and updating the Platform, we are not involved in sales transactions between Consultants and Users. Users authorize the Third-Party Payment Institution to hold, receive, and disburse funds according to their payment instructions.
We are neither Consultants nor Users of the Activities sold on Triscovery and are not a party to the sales contract. We do not mediate disputes between Consultants and Users or execute any sales contract.
Consultants are responsible for all sales conducted through the Platform. Our name and/or the Third-Party Payment Institution may appear on the Buyer’s card statement, possibly including, at our discretion, the name of the Activity or Consultant’s business.
The User’s obligation to pay for an Activity purchased through the Platform is fulfilled when the User pays correctly and in full, subject to Thunder S.r.l.’s right to cancel bookings if Platform rules or promotions are violated.
We are not trustees of the User or Consultant and may use one or more payment service providers and/or financial institutions (“Providers”) to enable Platform use and process transactions.
– KYC (Know Your Customer) Verification
We may request additional information from Consultants to allow Lemon Way to verify identity and/or confirm business existence before allowing the Consultant to receive funds in their bank account.
We may conduct checks directly or through third parties, including commercial database verifications. While we may take measures to verify Consultant identity, we cannot guarantee the identity of any Consultant. We are not obligated to verify the identity of other Users of the Triscovery Platform.
- Account Limits
Platform use may be subject to Account limits, including, by way of example, transaction volume limits or withdrawal restrictions. These limits are based on performance and risk factors, such as User location. Despite Account limits, we may delay, suspend, or refuse a transaction or suspend an Account if we suspect unauthorized, fraudulent, or unusual use, considering past transactions and anti-fraud checks.
C.2 – RECEIVING PAYMENTS
C.2.1 – Acceptance of Funds
Consultants may use an Account only to accept payments from Users who have purchased Activities through the Platform. Funds will be received in the Payment Account as compensation for sales made through the Platform. Transfer to the Consultant’s bank account will follow procedures set out in Section 2, C) – Lemon Way Payment Service.
No interest or other amounts are payable on funds held in the Payment Account. Funds held in the Payment Account are not deposits and are not protected by deposit guarantee programs.
- Accepted Payment Methods
Consultants may receive payments in their Payment Account only through accepted methods, including credit cards, other cards (“Cards”) displaying supported circuit logos or Issuer support, and bank transfers. We may add or remove Cards or other accepted methods at any time without notice. Only Cards authorized by the relevant Issuer are processed.
C.2.3 – Transaction Processing
In accordance with this Agreement, the Third-Party Payment Institution processes payments and refunds for transactions submitted through the Platform. Consultants are responsible for sales made using Triscovery. The Payment Institution may refuse to process transactions suspected to be fraudulent, unlawful, or otherwise contrary to this Agreement.
C.3 – Payment Terms
C.3.1 – Offsets and Deductions
To the extent permitted by law, we may offset the Consultant’s Payment Account balance with any amounts owed to us under this Agreement (“Deductions”). Deductions are applied at the time a transaction is processed.
If amounts owed exceed the Payment Account balance, the Consultant must pay the full amount upon receipt of our invoice. The Consultant is solely responsible for any additional costs associated with collection, including, by way of example, legal fees, collection agency fees, and interest.
C.3.2 – Processing Errors
In case of transaction processing errors, the Consultant authorizes credits or debits to the Payment Account to correct such errors, provided it complies with applicable laws and regulations.
C.3.3 – Taxes
Consultants are responsible for calculating, charging, reporting, and paying all applicable taxes and duties, including, by way of example, sales, consumption, transfer, VAT, withholding, and other taxes. Thunder S.r.l. is not responsible for determining tax applicability or ensuring compliance.
– Handling Tax Documentation
Consultants with VAT numbers must issue invoices or receipts to Users for the Activity amount, without intervention from Thunder S.r.l.
D) CANCELLATION OF BOOKING BY CONSULTANT
Consultants may cancel or update the availability of Activities not yet booked without penalty. Consultants may cancel automatically confirmed and paid bookings only for justified reasons beyond their control (force majeure), making the Activity unavailable.
Examples include extraordinary events beyond reasonable control, such as severe weather, natural disasters, fuel supply interruption, or strikes. In such cases, Consultants may cancel bookings via their control panel starting 120 hours before the Activity start time.
Users with affected bookings will receive full reimbursement. Consultants must report the Activity as not performed in the control panel, specifying force majeure causes. Thunder reserves the right to verify and prevent fraudulent behavior.
If a Consultant cannot provide the Activity on the scheduled day, they must propose alternative arrangements (e.g., rescheduling using a Voucher issued by Thunder). Users refusing alternatives are entitled to a full refund. Consultants must honor refund requests via the Platform’s automated system.
E) CANCELLATION OF BOOKING BY USER
Under Article 59, paragraph 1, letter n) of the Italian Consumer Code, Consultants may exclude Users’ right of withdrawal during Activity registration by selecting the “Non-Cancellable Booking” option. This option is displayed to Users during Activity review.
If Consultants do not exercise this exclusion, Users may cancel bookings according to the provisions in E.1.
E.1 – Cancellation Within 120 Hours
Users who book an Activity on the Platform may cancel a paid booking via their reserved area up to 120 hours before the Activity start date and time.
Cancellation within this timeframe obliges Thunder S.r.l. to immediately update the Activity availability on the Platform, allowing other Buyers to book. Users canceling within the deadline are entitled to a full refund.
1. Cancellation Without Justification
If the Partner cancels without a valid reason, the User will receive a full refund of the amount paid.
The Partner will be subject to a penalty equal to 25% of the sale price for each affected User, in addition to the commission owed to Triscovery.
Triscovery reserves the right to withhold or issue an invoice for the penalty amount.
2. Cancellation Due to Force Majeure
In case of cancellation due to unforeseeable and uncontrollable events (force majeure), the User will still receive a full refund.
No penalty will be applied to the Service Partner.
E.2 – Cancellation Beyond 120 Hours
If a User cancels a booked Activity on the Platform beyond the 120-hour period specified in E.1, they will forfeit all rights, including any refund of the amount paid at the time of booking.
In such cases, Thunder S.r.l. will apply a “full forfeiture,” invoicing its Commission to the Consultant.
The Consultant will be entitled to receive the amount collected at the time of booking, net of Thunder’s Commission, and nothing will be owed to the User.
Calendar Management and Consultant Responsibilities
Triscovery strives to provide a timely and transparent service but cannot be held liable for overbookings resulting from inaccurate or outdated calendar management by Consultants or Partner Operators. In such cases, being attributable to operator oversight and not force majeure, automatic refunds to Users are not possible. All Operators are therefore urged to keep their calendars continuously updated to ensure a reliable experience for Users.
If a booking occurs and the Consultant requests cancellation for reasons not related to unforeseeable and uncontrollable weather conditions (e.g., overbooking, vessel damage, unavailability of staff, or other organizational reasons), Triscovery will provide a full refund to the end User while retaining its commission on the ticket price, plus a penalty of 25% + VAT (current rate) of the total ticket value. This amount will be charged to the Consultant responsible for the late or unjustified cancellation.
If it is the first and only booking and there are insufficient funds to withhold, an invoice will be issued to the Consultant for the commission owed to Triscovery, increased by a 25% + VAT penalty on the total ticket value. The invoice must be paid within five (5) days of issuance.
Obligation of Prior Communication – Penalty Clause – Commission Withholding
The Operator (shipowner/service provider) must notify Triscovery in writing of any cancellation, suspension, or impossibility to provide the Activity due to bad weather or other force majeure events no later than the scheduled Activity start time as indicated in the booking confirmation.
Notifications must be sent exclusively via one of the following official channels:
-
SMS to the company number: +39 379 1014131
-
WhatsApp message to the company number: +39 379 1014131
-
Email to the official address: info@triscovery.com
Phone calls are not valid for cancellation purposes as they are untraceable and contractually ineffective (“verba volant”).
Notifications must be traceable and include a detailed reason and supporting documentation for the cancellation or suspension.
If the Activity start time passes without formal prior notification via the above channels, the booking will be considered confirmed and attributable to the Operator in all organizational and contractual respects.
In cases where:
-
The Operator communicates cancellation after the Activity start time;
-
The Operator fails to appear or provide the service without prior notice;
-
The communication is late, incomplete, or lacks adequate supporting documentation;
Triscovery, to protect the end User and its commercial reputation, will fully refund the booking.
In such circumstances, the Operator expressly acknowledges that:
-
Triscovery will retain the full commission on the booking;
-
A penalty equal to 25% of the total booking amount, plus applicable VAT, will be applied;
-
Triscovery reserves the right to claim additional damages if demonstrable.
Only objective, unforeseeable, and documented force majeure, communicated as promptly as possible and before the Activity start time, will be exempt.
This clause constitutes an express agreement pursuant to Articles 1341 and 1342 of the Italian Civil Code and is accepted by the Operator upon registration and use of the Triscovery Platform. The Operator declares to have read, understood, and fully accepted this clause at the time of registration.
G) “CONNECT” MANAGEMENT MODULE
Consultants wishing to equip their organization with a digital application to synchronize online and offline sales network management may activate the Connect module. Activation entails full acceptance of these terms by the Consultant and all members of their online/offline sales network.
The additional features provided by Connect allow the Consultant to manage both the offline and online sales network, as well as affiliate processes with third parties.
Using Connect, Consultants can integrate Thunder’s Booking Engine algorithm on their website or social media pages. Transactions completed via the Booking Engine incur a reduced commission of 4% + VAT, equivalent to a 4.88% withholding of the transaction amount.
All functions provided by Connect for offline network management and third-party affiliate processes incur no cost for the Consultant or third parties enabled by them.
Affiliate processes are commercial collaboration agreements between Consultants and third parties, through which Consultants recognize a commission on transactions completed by third parties. Thunder is not involved in defining these agreements, and the obligations arising therefrom are the responsibility of the involved parties. Third parties enabled by Consultants must comply with Platform terms and conditions and provide User data only with consent and after accessing the Privacy Policy.
THUNDER S.R.L. LIABILITY
We endeavor to provide uninterrupted Platform access and error-free transmissions. However, due to the nature of the Internet, continuous access and error-free transmission cannot be guaranteed. Access may occasionally be suspended or limited for maintenance or updates.
Users use the Platform knowing that Thunder S.r.l. does not guarantee the identity, legal capacity, intent, or other characteristics of advertisers, the quality, legality, or safety of Activities, or the accuracy of descriptions.
Thunder S.r.l. does not guarantee successful transactions. Users assume all risks for any damage to their IT systems resulting from Platform use. Users may receive third-party advertising material, which Thunder is not responsible for.
Thunder S.r.l. will not be liable for:
-
Losses not resulting from our breach of these Terms;
-
Lost business opportunities (including lost profits, revenue, contracts, savings, data, goodwill, or expenses incurred);
-
Any other indirect or consequential loss that was not reasonably foreseeable.
We are not liable for delays or failures due to force majeure. This does not affect Users’ legal rights to receive booked Activities or refunds in case of force majeure. Applicable local laws may limit liability exclusions; in such cases, additional rights may apply.
Liability Limits
To the extent permitted by law, we and our employees, directors, agents, and representatives disclaim liability for indirect, incidental, punitive, or consequential damages arising from or related to this Agreement, the Platform, or Platform use, including inability to access the Platform. Aggregate liability for any cause shall not exceed the Commissions earned over the three (3) months preceding the event giving rise to the claim.
We are not liable for delays or failures caused by extraordinary, unforeseeable circumstances beyond our control despite reasonable efforts. Some jurisdictions do not allow limitation of implied warranties or exclusion of certain damages; in such cases, limitations may not apply, and Users may have additional rights.
3.2 – Indemnification
You must defend, indemnify, and hold harmless Thunder S.r.l., its employees, directors, agents, and representatives from any claims, costs, legal actions, disputes, or losses (including legal fees) arising from:
a) any actual or alleged breach by you of this Agreement, including Policy violations;
b) actual or alleged injury, infringement, or violation of third-party rights or applicable laws arising from your Platform use;
c) your use of the Platform;
d) any transaction you submit through the Platform.
PLATFORM USERS
Thunder S.r.l. identifies the following macro-categories as Platform users (“Triscovery Users”):
a) Consultants: companies, associations with legal personality, or natural persons operating in the nautical sector, holding all necessary authorizations to represent the legal entity using the Platform and possessing all licenses, certifications, and permits required to provide nautical services in accordance with Italian law, EU regulations, or applicable local law.
b) B2C Buyers without legal personality: natural persons without legal personality, specifically all potential visitors of Triscovery.com.
c) B2B Buyers with legal personality: exclusively entities with legal personality operating as users of the Activities.
Upon registration on Triscovery, Users must choose one of the above categories and agree to comply with the obligations associated with that category.
Since Thunder manages content creation internally, it may, with the explicit written consent of the nautical Operator, create an account to facilitate and expedite the Consultant’s registration on the Platform. The Consultant accepts these Terms and Conditions upon first access and use of the Platform.
The Consultant and Thunder S.r.l. are independent legal entities. Nothing in this Agreement shall be interpreted as creating or implying an association, joint venture, agency or franchising agreement, mandate, representation, employment relationship, or any equivalent control, representation, subordination, or coordination relationship between Consultant and Thunder S.r.l.
Thunder S.r.l. is not an auction house and does not act as an intermediary between Buyer and Consultant.
The Consultant has no authority to make declarations, submit or accept proposals or offers on behalf of Thunder S.r.l., nor may they make statements that contradict this Article. Similarly, Thunder has no authority to act on behalf of the Consultant.
Thunder remains completely unrelated to the purchase contract and the consequent relationship between Buyer and Consultant. Nothing in this Agreement creates an exclusive relationship between Consultant and Thunder.
The Agreement and all its terms, conditions, representations, indemnities, warranties, and provisions are intended solely for the benefit of Thunder, the Consultant, and/or Users.
The Consultant is solely responsible to Thunder, the Buyer, and/or any other party for any use that third parties, authorized or unauthorized by the Consultant, make of authentication credentials, the Site, the Platform, and/or the Marketplace.
4.1 OBLIGATIONS OF NAUTICAL OPERATORS
“Nautical Operators” refers to the category defined under (a) above that maintains a page on Triscovery.
The Nautical Operator must provide Thunder S.r.l. with the personal information requested by the Platform, keep it updated, and ensure its accuracy, completeness, and truthfulness. All information provided during initial registration will be included in registration data. Such data will be processed and used by Thunder S.r.l. in compliance with privacy and security laws, as indicated in the Privacy Policy.
The Nautical Operator is obliged to provide complete information about the Activities offered, including calendar, availability, price (VAT included), and all other relevant information, in their control panel. This information will be used by Thunder S.r.l. to generate the Voucher for the booked Activity, including start and end times, meeting location, contact numbers, and necessary equipment or attire for safe participation.
The Nautical Operator is fully responsible for the Activities offered and the commercial information provided for publication. Thunder S.r.l. shall not be liable for unlawful, inaccurate, or misleading content and shall be indemnified by the Nautical Operator against any claims.
The Nautical Operator must comply with applicable laws, act in good faith, respect fair competition, and ensure that the pricing and quality of Activities offered on the Platform are at least equal to those offered through other sales channels.
Operators using any digital channel for selling Activities must align prices with those on the Platform, allowing marketing effectiveness and increased sales volumes. Price adjustments and group discounts may apply according to the Operator’s price list.
Failure to comply may result in Thunder S.r.l. terminating the Agreement and removing the Operator’s account from the Platform under Article 9.3.
Operators must constantly update Activity availability, taking into account ongoing bookings, to ensure that only actual vacancies are displayed.
4.2 OBLIGATIONS OF B2C AND B2B BUYERS
“B2C and/or B2B Buyers” refers to categories (b) and (c) above.
Access to Triscovery Services is only available after completing online registration, through which Buyers expressly declare that they have read, understood, and accepted these Terms of Use and Privacy Policy. Upon registration, Buyers receive a confirmation email.
Buyers must provide accurate, complete, and updated personal information. Buyers are responsible for their own content, including messages, reviews, and interactions with other Users, and must indemnify Thunder S.r.l. against any claims arising from such content.
B2C Buyers using Triscovery for non-professional purposes are considered “consumers” under Italian Consumer Code (Legislative Decree 6 September 2005, n. 206).
4.3 TRISCOVERY VOUCHER
Upon successful payment, Users receive a Triscovery Voucher via email. The Voucher must be presented to the Consultant, either printed or displayed on a Tablet/Smartphone. Reservations cannot be honored without a valid Voucher. For security, a photo ID may be required when presenting the Voucher.
4.4 REVIEWS, COMMENTS, AND OTHER CONTENT
Only registered Users may post reviews, comments, electronic postcards, suggestions, or questions, provided content is lawful, non-offensive, and free of viruses, political propaganda, spamming, or false identities.
Thunder may remove or modify content upon report to help@triscovery.com. Users assume full responsibility for content submitted and guarantee ownership or proper rights over submitted content. Users agree to indemnify Thunder from any claims arising from submitted content.
5. MINORS
Users under 18 may use the Platform only with a parent or guardian.
6. GOVERNING LAW AND JURISDICTION
These Terms are governed by Italian law. Disputes regarding interpretation, application, or performance of these Terms shall be submitted to the Court of Nuoro, Italy (Thunder S.r.l. headquarters: Via Sos Dorroles 5, 08022 Cala Gonone - Dorgali).
Disputes between Users regarding transactions are governed by the respective parties’ sales terms, including any exclusive jurisdiction clauses.
7. AMENDMENTS, MODIFICATIONS, EFFECTIVENESS, SUSPENSION, AND PENALTIES
Modifications: Triscovery may modify, update, replace, or remove these Terms, Platform policies, or functionalities at its discretion for technical, organizational, security, regulatory, or strategic reasons.
Publication: Changes are communicated solely via publication on the Platform. Users are responsible for reviewing updates.
Effectiveness: Changes take effect immediately upon publication and apply to ongoing and future Platform use.
Penalties for Operators: Late, omitted, or non-compliant notifications of cancellations result in:
a) retention of the full commission by Triscovery;
b) a penalty of 25% + VAT on the booking amount;
c) automatic withholding and offsetting of penalties against amounts due to the Operator.
Suspension and Termination: Triscovery may suspend or terminate Platform access for violations or risky activity, without prior notice.
Severability: Invalid provisions do not affect remaining Terms.
Waiver: Failure to enforce rights does not constitute waiver.
8. PROMOTION, DISTRIBUTION, AND PRICING
Triscovery may promote Activities on third-party channels (e.g., OTAs). Consultants accept such promotion without further authorization.
Consultants must provide updated pricing by December 31 of the previous year. If not provided, previous year’s prices will be used automatically. Bookings made before price updates must be honored at previous prices.
9. DURATION AND TERMINATION
9.1 Duration: Effective upon User registration until termination in accordance with this Section.
9.2 Termination by User: Users may terminate after completing outstanding bookings. Account closure cancels pending transactions and retains funds subject to withdrawal verification.
9.3 Termination or Suspension by Triscovery: Triscovery may terminate or suspend access for breach, fraud, security issues, or unauthorized activity. Failure to remedy issues within 15 days results in automatic termination under Article 1456 c.c.
9.4 Effect of Termination: Users remain liable for all Commissions and payments due. Licenses and rights cease immediately, all Thunder materials and trademarks must be returned or destroyed, and access to the Site is revoked.
Acceptance of Specific Clauses: Users expressly accept the following sections:
The User declares to have read, understood, and fully accepted the Agreement.
