RULES FOR THE USE OF THE WEBSITE
A)Use of the Website
Any unauthorized use of the Website and the materials published on the same will be in breach of copyright laws as applicable. The consumer will be considered liable for any illegitimate use of the Website. The Website may not be modified, reproduced, duplicated, copied, disseminated, sold or in any way employed improperly. The Website and the materials contained in it may not be used for any illegal use.
The information in the web pages describing the services provided both for individual tours (whether accommodation or transportation or other service not ancillary to accommodation or transport when sold individually) and holiday packages (consisting in the combination of two or more items: accommodation, transportation, other services not ancillary to transportation or accommodation when sold individually) are purely indicative and do not represent a contractual proposal or an offer of said services to the general public.
Textual and graphic information concerning the goods and/or services offered on the Website are directly obtained from the suppliers of said goods and/or services. The individual providers of goods and/or services will be held liable for any information, specifications and descriptions there reported. ITW, except in cases specified above, will not be held liable for any incorrect information, typos or implicit or explicit guarantees about the operability of the Website, the contents of the Website and the software applications, the saleability or appropriacy of data and goods offered on the Website. On request, ITW will, however, provide names, addresses and any other information required to identify the provider and/or manufacturer of the services/goods offered. This provision is without prejudice to any rights laid down in current laws and regulations and in particular as laid down in artt. 32 of d.lgs. n. 79 of 23 May 2005 (hereinafter: "Codice del Turismo").
C)Disclaimer of warranty
Any information contained in the Website is published in good faith and is periodically updated and monitored. Notwithstanding, ITW does not guarantee completeness and accuracy of data as published. ITW therefore will not be held responsible to the consumer and/or third parties for any mistakes or omissions therein contained. ITW herein reserves the right to modify, update or delete any type of material reproduced or displayed on it as well as any other information, without prior notice. ITW does not guarantee against any downtime of its online services, as well as any errors or mistakes in its contents or any viruses or other malware contained in the materials accessed through the Website. Hypertext links are published for information and do not imply any responsibility on the part of ITW nor require any approval of the same. ITW does not check external Websites and shall not be held liable for the contents published on them. Unless differently stated, hypertext links do not imply any type of business association with the external Website linked.
ITW has implemented specific procedures for guaranteeing the security of payment transactions in order to safeguard the Users of the Website. The software adopted by ITW is among the highest quality applications currently available for the protection of payment transactions. Said application ensures secure transactions made through any PC fitted with a browser, without requiring the download of any additional software so guaranteeing a secure transmission of data. The procedure implemented therefore ensures the maximum protection of the consumer purchasers sensitive data.
• On providing said data the Customer approves their processing in compliance with provisions laid down in d. lgs. n. 196 of 2003 (see below). Said data are required as they allow ITW to process orders, keep the consumer informed about the progress of their request and enable the couriers to deliver products and/or services purchased through the Website to the purchaser or any other addressees.
F)Processing of personal data and protection of privacy
All the data relative to Users of the Website, the consumer and/or Customers will be processed by ITW in accordance with the provisions of art. 7 of d. lgs. n. 196 of 2003, also referred to as “Codice in materia di protezione dei dati personali”, concerning the right of access to personal data and other rights as quoted here below: «1. The person concerned is entitled to be confirmed whether or not personal data concerning himself/herself have been stored, though not registered yet, and to receive said data in an intelligible form.
2. The person concerned is entitled to be informed about the following: a) where personal data have been originated from; b) how data will be processed and to what purpose; c) in case of electronic processing of data what type of logic will be applied; d) identification data of the data controller, data supervisor and person in charge of the processing as per art 5, par. 2; e) the persons or entities to whom personal data may be communicated or who may be notified said data as persons in charge of data in the territory of the State.
3. The person concerned is entitled to: a) obtain the update, modification or adjustment of data; b) obtain the cancellation, anonymous modification or block of data when processed in violation of current laws including data which do not require to be stored in consideration of the purposes for which they have been stored or processed; c) obtain the certification that items under a) and b) have been communicated to those whom data have been communicated to except in case this is impossible to perform or implies a disproportionate employment of means.
4. The person concerned is entitled to object in full or in part to: a) the processing of personal data due to legitimate reasons; b) the processing of personal data for promotional purposes or direct marketing or to carry out market research or for advertising».
The controller of personal data processing is Imperatore Travel World S.r.l. the consumer may exercise its right against the data controller at any time as laid down in art.7 of d.lgs. n. 196 of 2003 above.
The consideration for the service/services purchased shall be paid to ITW by the consumer through credit card or any other means of payment according to modalities specified on the Website. ITW reserves the right to check the validity of the credit card used by the consumer at the time of purchasing. ITW shall not be held liable for any illegal or improper use of the credit card by the consumer and for any damage which may be caused to the consumer for credit card transactions for circumstances beyond its control. ITW will not be held liable for any claim submitted by Customers for the impossibility of using the Website due to any cause. ITW will not be held liable for damages, claims or losses generated to the Customers by the malfunctioning of electronic devices belonging to the Users or third parties, including the Internet Service Providers, or telephone and/or telematics connections not directly operated by ITW or ITW collaborators. ITW will not be considered in default or be held liable for damages resulting from the non-provision of services or the failed access to the Website depending on the malfunctioning or failure of the electronic means of communication due to causes beyond the control of ITW including, for example, the failure of telephone lines or other networking services, malfunctioning of computers and other electronic devices, malfunctioning of software applications installed by Customers, actions performed by other Users or hacking. ITW reserves the right of disconnecting temporarily or permanently their services or a part of the same for security reasons at any time. The consumer acknowledges that ITW will not be held liable in any way against the consumer or any third parties for the suspension or interruption of their services.
H)Booking procedures purchase of services
In order to avail of the services offered on ITW Website and to submit purchase proposals, data required must be provided. On sending a booking request, the consumer will transmit Customer’s personal data authorizing ITW in its turn to transfer them to the provider of the services. On sending a booking request, the consumer will also guarantee that data provided is correct and that the credit card is covered by funds sufficient to settle the order while taking over any responsibility for the correctness and applicability of the booking requested. Other payment modalities may be agreed upon. In case there occur changes in data provided, the consumer will be obliged to inform ITW in due time. The agreement will be considered formed when ITW sends its acceptance of the proposal contained in the booking request specified above by email. In no case the consumer payment of any sum to ITW in advance before having received said acceptance will result in the formation of the agreement. In case of non-acceptance of the booking request, ITW will not debit any charge to the expense of the applicant and where possible will contact the applicant by phone or email as soon as possible. In case of acceptance of the booking request, ITW will formalize the purchase in accordance with the terms reported on the Website and in compliance with the Terms herein. At any time before departure the Customer may access the Website to consult the bookings made and the progress of the same.
I)Liability for purchases
Liability for any transactions made through the consumer access to the Website is to be borne by the consumer.
J)Modalities for the formation of a tourist product purchase contract
Bookings are all made online and for each of them the name of a Customer at least is required for any service purchased. The consumer is responsible for checking any detail concerning said booking including names of the Customers, date of arrival, date of departure, number of overnights, name of hotels and numbers of the rooms booked. ITW will be timely informed of any mistake so as to find a possible remedy, holding firm that the liability for the impossibility of putting things right is to be borne by the consumer.
K)Payment of commissions
After clicking on “Confirm” and having received booking confirmation from ITW, an invoice for the total amount will be issued in accordance with the terms agreed upon.
It is the consumer’s responsibility to ensure that all the requests for cancellation be duly submitted to ITW. The consumer shall also make sure that a written confirmation is received from ITW about the booking cancelled.
In case the Customer should not reach the hotel in time for the night booked, the whole period booked may be cancelled and the Agent will be charged 100% for the first night. Further penalties may be applied by the hotel and according to the destination. Agents may cancel bookings through their own accounts on ITW Website or by email. A report of penalties applicable in case of cancellations will be displayed, thereafter “Submit” must be clicked to proceed with cancellation. An email confirming cancellation will be received from ITW. ITW may be contacted by e-mail at firstname.lastname@example.org referring to ITW Booking. Cancellation of a booking will be confirmed by e mail.
Further local taxes may be imposed to be paid directly to the Provider by the Customer.
N)Modifications of terms
ITW reserves the right to modify the Website and Contract terms at any time. It is understood that rules applicable to the formation of the contract are those published on the Website on placing the order.
O)Governing law and jurisdiction
The Agreement stipulated between the consumer and ITW will be subject to the Italian laws and regulations. Any dispute will be submitted to the Courts of Naples exclusively.