1. Summary of the main terms and conditions of sale
These Terms and Conditions govern the offer and sale of Products (as defined below) on the www.lovemaremma.com website and on other web addresses that redirect to lovemaremma.com (lovemaremma.com or the Site), on the LOVEMAREMMA App (the App) and the LOVEMAREMMA Facebook page created by LOVEMAREMMA SRL, based in Grosseto, Via Belgio n° 3/A, registered in the registry of companies of the Maremma and of the Tyrrhenian with n. 01634430530, tax code and VAT number 01634430530, a company that carries out training activities in the tourism sector, assistance and/or consultancy in the tourism/hospitality sector not carried out by travel agencies.
We invite our Customers to carefully read all of the General Terms and Conditions before submitting an order/reservation, as the following is only a summary of the main terms and conditions of sale.
• PERSONS AUTHORIZED TO PURCHASE: only adults and consumers can be Customers of the Site and the App (the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity).
• PRODUCTS OFFERED (Products): LOVEMAREMMA offers vouchers to redeem tickets, or tickets issued by museums, cultural institutions, theaters and tour operators (collectively, the Suppliers) or by third parties to access the Supplier’s facilities, including accommodation, lodgings and exhibitions, and/or to use the leisure or travel services offered by the Supplier (the Supplier’s Service).
Products may also include tickets for leisure or travel services provided directly by LOVEMAREMMA (including travel packages, which in any case may be subject to additional terms and conditions) and additional auxiliary services to Supplier Products. In this case, LOVEMAREMMA is considered as a Supplier pursuant to these Terms and Conditions.
Unless otherwise provided, in relation to any purchase that can be made on the Site and on the App, LOVEMAREMMA acts as an agent or reseller of the Supplier or third party or as a service provider, and LOVEMAREMMA assumes no responsibilityfor the adequacy of the Service of the Supplier or for consequences arising from the use of the Supplier’s Service.
• PRODUCTS AND PRICES: the products are described on the “Product Description” page on the Site and on the App. The prices are indicated in Euro and always include the VAT.
• PURCHASING PROCEDURE: to send an order/booking to purchase one or more Products, Customers must complete the Online Order Form (to be considered a contract proposal) and send it electronically to LOVEMAREMMA. By submitting an Order/Booking Form to LOVEMAREMMA, Customers declare that (a) they have fully read and understood the “Product Description” of the Supplier’s Service and (b) they unconditionally accept and undertake to respect the provisions of these General Terms and Conditions and (where applicable) the terms and conditions of sale of the Supplier (the Terms of Service).
We recommend that Customers read the cancellation policies carefully before making a reservation.
CUSTOMERS SHOULD PRESENT THEMSELVES AT THE TIME INDICATED FOR THE PRODUCT OF THE SERVICE OF THE SUPPLIER OR OF LOVEMAREMMA PURCHASED; otherwise no reimbursement is due in case of non-presentation or non-punctual presentation.
• ORDER MANAGEMENT: once Customer has sent an Order Form, LOVEMAREMMA and/or the Supplier will send an e-ticket or will notify Customer via e-mail of the place to collect the paper ticket or provide Customer with the e-mail address of the place where the paper copy of the ticket will be available for pick up.
2.1 The Products are offered for sale only to (a) consumers (pursuant to Legislative Decree No. 206/2005) (or companies?), or any natural person acting for purposes unrelated to business, commerce, craft or profession; (b) of age (in accordance with the laws of the respective countries). LOVEMAREMMA has the right to refuse process orders from parties other than consumers and any other order that does not comply with these General Terms and Conditions.
2.2 LOVEMAREMMA sells on its Site and App: (a)Voucher to redeem tickets to use the Service of the Supplier as agent or reseller of the relevant Supplier or third party (hereinafter, “Mode A”); (b)Access to the Supplier’s platform to purchase tickets to use the Supplier’s Service (hereinafter, “Mode B”); (c)Tickets for leisure or travel services organized by LOVEMAREMMA and any other product sold directly by LOVEMAREMMA (hereinafter, “Mode C”). The Service is operated directly by LOVEMAREMMA only if specified. A.Rules common to Modes A, B, and C.
3. Information and Prices of the Products
3.1 The details and information relating to the Service of the Supplier and the Product are indicated in the “product description” on lovemaremma.com. In this section you can also see the price of the Product, which will be visible in the currency selected from those available and will be inclusive of VAT. Customers are advised to ensure that all price information on the Site is correct before placing an order or making a booking.
3.2 In accordance with the provisions of Art. 7-ter of Legislative Decree no. 633/72, VAT is applied to the invoice both to residents for tax purposes in Italy and to consumers who are not physically residing in Italy.
3.3 By submitting an order, Customer declares that the “product description” of the Service of the selected Supplier and Product has been fully read and understood.
4. Exclusion of Liability
4.1 LOVEMAREMMA is solely responsible for the sale of Products that it has supplied in its own name and on its own account (Mode C). In any other case, LOVEMAREMMA has no responsibility for the Supplier’s Services, which are provided exclusively by the relevant Supplier. To the maximum extent permitted by applicable law, Customer agrees to exclude the liability of LOVEMAREMMA for any cost, expense, loss or liability that you may incur due to any violation of the Terms of Service by a Supplier other than LOVEMAREMMA and/or of any event in any way connected to the Services provided by such Supplier.
4.2 By purchasing a Product, Customer accepts and approves the relevant Terms of Service, including the Supplier’s cancellation policy and the policy for those who do not use the products purchased (“no-show”), and any additional conditions the the Supplier may apply to your booking or during your visit. Customers must report to the Supplier’s Service on the day and at the time indicated in the Order Form/Booking. No refund is due in case of non-presentation or non-timely presentation. If a Customer wishes to cancel a booking, Customers may be charged for cancellation costs in accordance with the cancellation policies and for the “no-shows” applied by the Supplier. We recommend that Customers carefully read the cancellation policies and “no-shows” applied by the Suppler before sending a reservation.
5. Booking Procedures
5.1 To send a purchase/booking order for one or more Products on the Site and App, Customers must select the Product and complete the online form, which must be considered as a contractual proposal (the Order Form). The Order Form is composed of a “customer information” page containing Customer’s personal information and a second page that allows Customers to provide payment details (please refer to Article 5 attached). The Order Form also includes the main features of the ordered Product, the unit price (including VAT) and a link to the Terms of Service. In accordance with the provisions of Art. 7-ter of Legislative Decree no. 633/72, VAT is applied to the invoice both to residents for tax purposes in Italy and to consumers who are not physically residing in Italy.
5.2 To submit details and complete the Order/Booking Form, Customers must register on the Site or provide your personal data for the single purchase (by completing the registration/order/booking form with personal data or by accessing via Customer’s social network account). Customer represents and warrants that all information relating to personal data provided during the registration/order/booking process is up-to-date, complete, accurate and truthful. Customer authorizes LOVEMAREMMA to verify the correctness of personal data and any other information provided and undertakes to collaborate with LOVEMAREMMA during these verifications.
5.3 By submitting an Order Form to LOVEMAREMMA, Customer unconditionally accepts and undertakes to comply with the provisions of these General Terms and Conditions and the Terms of Service. A brief summary of the main Terms of Service and a link to their extended version are available on the Site and App at any time.
5.4 The Order Form is stored in our database for the time necessary to process an order and for the time required by law. Customers can view an Order Form on our Website or App page, in the Customer’s “Profile” section.
6.1 Before sending the Order Form, Customer is required to provide information to process the payment through the payment method selected from those available (for example, credit card information).
6.2 All financial details (ie. Credit card number or validity date) are sent via encrypted protocol to Adyen BV (a payment service provider) and where applicable to Stripe or PayPal or other available payment service providers from time to time on the Site and App, without third parties having access to them. These details are not used by LOVEMAREMMA except to complete the procedure for your purchase or to make refunds in case of cancellation, in accordance with the exercise of the right of withdrawal, or to report cases of fraud to the police authorities.
7. Conclusion of the Sale
An order/booking is considered to have been sent when LOVEMAREMMA electronically receives the Order Form/booking and the information indicated there is verified and deemed correct. The contract is considered concluded when—upon an authorized payment through the Site or App—LOVEMAREMMA (if Modes A and C apply) or the Supplier (if Mode B applies) sends the voucher or electronic ticket to Customer.
If the payment is made directly to the bank account of LOVEMAREMMA, and therefore LOVEMAREMMA sends the invoice or payment receipt directly to the Customer, you will see in the relative invoice or receipt issued by LOVEMAREMMA the indication and the details of the sums received on behalf of the Supplier and the commissions of service paid directly to LOVEMAREMMA or, if Mode C applies, the amounts received by LOVEMAREMMA on its own account. B. Provision applicable to Mode A.
9. Confirmation by LOVEMAREMMA
9.1 With reference to certain Products, as specified in the relevant “product description” page, LOVEMAREMMA acts as agent or reseller of the relevant Supplier.
9.2 Upon acceptance of the order and an authorized payment through the Site, LOVEMAREMMA send to Customer directly via email the voucher to redeem the ticket from the Supplier or to directly use the Service of the Supplier. The Service of the Supplier is subject to the Service Conditions prepared by the Supplier (whose main conditions are made available at any time on the Site and made available again in the confirmation email mentioned above). C. Provisions applicable to Mode B.
10. Confirmation by Supplier
10.1 With reference to certain Products, as specified in the relative “product description” page, LOVEMAREMMA provides a search engine service to collect information on tickets and offers from Suppliers, and a software application that allows the Customer to directly make a reservation, or to purchase an order, for the Supplier’s Services, without need to connect again to the Supplier’s site.
10.2 Upon payment through the Site, the Supplier sends the Customer the electronic ticket or notifies Customer via e-mail of the place where the paper ticket is made available. If this Method is followed, the reservation/purchase is made by the Customer and processed directly by the Supplier. LOVEMAREMMA has no responsibility for the failed or delayed management of the booking/purchase procedure by the Supplier. The Service of the Supplier is subject to the Service Conditions prepared by the Supplier (available at any time on the Site and on the Supplier’s website). D. Provisions applicable to Mode C.
11. Confirmation by LOVEMAREMMA
11.1 With reference to certain Products, as specified in the relevant “product description” page, LOVEMAREMMA acts as a Supplier under these General Terms and Conditions.
11.2 Upon payment through the Site, LOVEMAREMMA will immediately send to Customer an electronic ticket (in your name and account) or relevant documents to use the requested service. The services provided directly by LOVEMAREMMA are subject to the Terms of Service prepared by LOVEMAREMMA (available at any time on the Site and made available again in the confirmation email above). E. Final Provisions.
Your personal data is processed by LOVEMAREMMA in order to supply the Products. LOVEMAREMMA informs the Supplier — identified in the “product information” page and in the purchase order/booking — Customer’s personal data that is strictly necessary to provide the Service of the Supplier (ie. Customer’s name, email address, and telephone number if necessary to provide the Supplier’s Service and the booking made on lovemaremma.com, and any information relating to such data).
The General Terms and Conditions may be changed at any time following the introduction of new laws or regulations or for other reasons. The new General Terms and Conditions are effective from the date of publication on lovemaremma.com. We recommend that Customers regularly visit this section of the Site in order to check whether the most recent and updated General Terms and Conditions have been published.
If any provision of these General Terms and Conditions is considered unlawful, invalid, ineffective or contrary to the law following a final decision of a Court and/or a competent court, such provision will be removed and all other provisions of these Terms and General Conditions will be considered fully effective and valid.
LOVEMAREMMA reserves the right to transfer to a third party any right under these General Terms and Conditions without restriction.
15. Applicable Law and Jurisdiction
These General Terms and Conditions are subject to Italian law and in particular to Legislative Decree n. 206/2005 regarding distance selling and Legislative Decree n. 70/2003 regarding certain aspects of electronic sales. If a Customer resides in an EU country other than Italy, pursuant to Article 6 of Regulation No. 593/2008, Customer will also enjoy the protection of the mandatory provisions of that State of residence.