Terms and Conditions
General conditions in order to regulate the relationships between:
Adventure Dreamers s.r.l. , (from now on “Adventure Dreamers”), VAT IT15474251004, address in Rome – Italy, Via Giuseppe Mercalli 13c,
in the person of the pro tempore legal representative
users registered on the adventuredreamers.com platform (hereinafter also referred to as “platform”), who identified themselves at the time of creating their profile (hereinafter, jointly or individually, “Users” or “User“)
- Adventure Dreamers s.r.l. has as its corporate purpose the development, management, promotion and marketing of information systems and online and e-commerce services for the experiential tourism sector, developed on its own and / or for third parties and related hosting and connectivity services, training and maintenance;
- The mission of Adventure Dreamers is the development of a virtual square where individuals, non-profit associations and professional subjects can meet in order to be able to share and promote recreational, recreational and / or sporting initiatives, both free of charge and for consideration, in field of experiential tourism with particular regard to the discovery of the mountains and nature in general and with a view to full eco-sustainability of the initiatives included in the platform;
- these General Conditions therefore constitute the contractual agreement for the use of the Platform between the User and Adventure Dreamers;
Having said all this, the following is agreed and stipulated:
Code of conduct: these are rules on the behavior required of PROPOSERS OF THE EXPERIENCE in the conduct of the same and in their interactions with other Users.
Service: all the functions offered by the Site fall within the notion of service.
User: any user of the Site as identified when creating the relevant account.
Publisher: subject authorized to promote initiatives on the Platform, be it a private individual, a professional economic operator – in the form of a natural or legal person – or a non-recognized legal person operated on a non-profit basis.
Participants: Users who adhere to a specific initiative published by the bidder.
Minimum number of Participants: is the minimum number of people who must take part in the Experience in order for it to be confirmed. This minimum number is specified by the bidder at the time of publication of the Experience on the Platform.
Experience: it is the single experience published on the Platform by the bidder. The characteristics of the individual Experiences are identified by the Publisher in accordance with the provisions of art. 2, paragraph 2.
Payment Platform: The external service used by Adventure Dreamers s.r.l ,. to manage the electronic payments associated with the bookings of the Experiences.
Fee: indicates the price payable by each User for participation in an Experience published on the Platform which is quantified by the bidder who also indicates the services included in the fee
Commission Due by the publisher: the cost that Adventure Dreamers charges to the Bidder for the use of the Platform, gross of the tax, for the determination of which refer to the single appendix signed by the bidder.
Total Price: indicates the sum of the individual Shares paid by the end user.
- REGISTRATION TO THE PLATFORM
- Adventure Dreamers, following the registration to the Platform in accordance with the provisions of the Conditions of Use of the Site, grants the User to use the services offered by the Platform, in compliance with the provisions of the General Conditions as well as the Conditions of Use of the Site.
- The User declares and guarantees that he has provided accurate, truthful, updated and complete information regarding his identity, age, gender, experience and abilities and his personal data in general. Adventure Dreamers assumes no responsibility for the correctness and completeness of the information provided by Users and Publishers . Under no circumstances may Adventure Dreamers be held liable, towards Users or third parties, for damages resulting from inaccurate or incomplete information provided by Users.
- PUBLICATION OF EXPERIENCES
- Each User, after having requested accreditation and been enabled, can publish their Experiences on the Platform and propose them to other Users, in order to share the related costs, thus assuming the qualification of Publisher .
- In order to propose an Experience, the Publisher must specify the characteristics of the Experience itself, such as, by way of example but not limited to: the departure date, the duration, the destination, the value of the participation fee and any applicable discounts, the itinerary and the characteristics required for the participants and what is necessary and appropriate in order to understand the methods of carrying out the experience and the psycho-physical commitment that it entails. The Publisher undertakes to promptly inform all Users participating in the Experience of any changes thereto, in order to guarantee an informed choice on the part of the participants. It is understood that, due to causes of force majeure, such as, by way of example but not limited to, weather conditions and decisions of the competent Authorities, the Publisher may modify, even during the course of its performance, the characteristics of the Experience indicated previously in the User.
- Together with the information referred to in the previous point, the Publisher must indicate, for each published Experience, the minimum number of participants and the Fee requested from each User to participate in the Experience.
- The Publisher also undertakes to promptly update the number of seats available for each published Experience, to guarantee Users their actual availability and, in any case, to give boarding priority to Users over any third parties.
- RESPONSIBILITY OF THE PUBLISHER
- The Publisher is solely responsible for organizing the Experience, which must take place in accordance with the characteristics of the Experience indicated to the Users, without prejudice to the provisions of the art. 2, paragraph 2. Adventure Dreamers assumes no responsibility for the organization and success of the Experience.
- If the proposed experience includes a means of transport/navigation/caravan, the Publisher is solely responsible for the choice of the same, its safety and its compliance with applicable regulations. If the Publisher does not use a vehicle, as identified above, that it owns, it assumes the burden of signing the relevant rental or leasing contract with third parties. It is understood that, under no circumstances, Adventure Dreamers may be responsible for the Publisher ‘s failure to fulfill the obligations arising from such contracts.
- Under no circumstances may the Publisher propose or in any way divert Users towards services other than those made available through the Platform, thus circumventing the payment system referred to in the art. 4 below or, in any case, receive payments using methods other than those made available through the Platform. The violation of this commitment by the Publisher constitutes a serious violation of these General Conditions and the person responsible will be subject to the penalty provided for in the art. 10.3.
- The Publisher declares and guarantees to be in possession of all licenses, certifications and authorizations necessary for carrying out the Experience, to be aware of and comply with the legislation in force in the areas in which the Experience takes place and to have fulfilled any administrative or tax obligations required by applicable law in the areas where the Experience takes place. Adventure Dreamers does not guarantee the truthfulness of what is declared by the Publisher and is exonerated from any liability towards Users and any third parties, connected to or deriving from false or incomplete declarations by the Publisher or the conduct of the Experience.
- Under no circumstances will the Publisher be able to request payment of additional sums from the participants compared to the fee paid by each pursuant to the following art. 4, excluding the extra expenses indicated in the Experience proposal and which will be divided among all members, excluding the Publisher or Guide/tour leader designated by him. The violation of this commitment by the Publisher constitutes a serious violation of the provisions of these General Conditions and will be sanctioned with a penalty equal to ten times the sums unduly received and never with a sum less than €5,000.00.
- During the Experience, the Publisher or the Tour leader designated by them undertakes to provide adequate information to all Users regarding safety and uses and customs relating to the type of experience proposed and the procedures to be adopted in case of emergency.
- BOOKING AND PAYMENT FOR THE EXPERIENCE
- When booking the Experience, the User will be asked to pay the Fee indicated by the Publisher pursuant to art. 2, paragraph 3, deducting any applicable discounts.
- The Total Price, net of the Fee due by the Publisher, will be paid by the Payment Platform to the Publisher after two working days from the start of the Experience.
- From the value of the Fee requested from the User pursuant to paragraph 1, Adventure Dreamers may deduct any discounts based on the instructions received from the Publisher.
- The Publisher, in turn, may apply discounts in favor of Users on the Fee referred to in the art. 2 paragraph 3. It is understood that the Fee Due by the Publisher will be calculated on the value of the Fee actually paid by the User, therefore net of any discounts.
- The Publisher who receives a booking from a User via the platform may refuse the same within 24 (twenty-four) hours or at least one working day. After this period of time, the reservation must be considered accepted and can no longer be canceled by the Publisher , without prejudice to the provisions of the following paragraph
- The Publisher always has the right to refuse the booking, even after 24 (twenty-four) hours – and at least one working day – from the booking, in the event that the User has filled out his/her profile by entering inaccurate or untruthful data, relating, by way of example and not exhaustively, to age, gender and experience. It is understood that, in this case, the User will be entitled to a refund of the amount paid reduced by what the Publisher deems, at its sole discretion, to be withheld for expenses, inconveniences and lost collections attributable to the User’s behavior.
- Payment must be made by the User via the Payment Platform, in order to guarantee the security of the transaction. The deposited sums will be retained by Adventure Dreamers via the Payment Platform until they are disbursed to the Publisher pursuant to paragraph 2 above. The Publisher appoints the Payment Platform as its temporary payment collection agent for the exclusive purpose of receiving the Total Price of the Experience, net of the Consideration Due from the Publisher . The Publisher accepts that the payment made by the User, through the use of the Payment Platform, is considered as a payment paid directly to him.
- In order to receive the fees collected on their behalf, the Publisher must first provide their payment and invoicing details. In order for Adventure Dreamers to offer payment processing services via payment platform, you agree to provide accurate and complete information about yourself and your business, and you authorize Adventure Dreamers to share such information and related transaction data with the use of the payment processing services provided by PayPal (Europe) S.à r.l.. Adventure Dreamers assumes no responsibility for the inaccuracy or truthfulness of the data and information provided by the Publisher.
- CONFIRMATION OF THE EXPERIENCE
- The Experience, if it is not already confirmed by the Publisher at the time of publication, will be considered confirmed upon reaching the minimum number of participants established by the Publisher at the time of publication of the Experience pursuant to art. 2, paragraph 3. However, it is understood that the Publisher may confirm the Experience at any time before departure even regardless of whether the minimum number of participants has been reached.
- Upon confirmation of the Experience, all participants will receive specific communication via email.
- The Publisher , once the Experience is confirmed, will not be able to cancel the Experience itself and undertakes to carry it out in compliance with the provisions of the art. 2, paragraph 2, without prejudice to the provisions of the articles. 4, paragraph 6 and art. 7, paragraph 2.
- CANCELLATION OF THE RESERVATION BY THE USER
- The User, until the Experience acquires confirmed status pursuant to art. 5, first paragraph, has the right to cancel the booking and obtain a full refund of the amount paid.
- Once the Experience is confirmed, the User will still be able to cancel their booking but will not have the right to obtain any refund, in whole or in part, of the Fee paid. It is understood that in the event that the Publisher confirms the Experience before departure even regardless of the minimum number of participants being reached, the User will have the right to cancel their booking within 48 (forty-eight) hours of receiving the email. confirmation referred to in the art. 5 paragraph 2 and obtain a full refund of the fee paid.
- CANCELLATION OF THE EXPERIENCE BY THE PUBLISHER
- The Publisher may cancel the Experience not yet confirmed at any time. In this case, Users will be entitled to a full refund of the Fee already paid. Even in the event of cancellation of the Experience due to failure to reach the minimum number of participants, Users will be entitled to a full refund of the Fee paid.
- The Publisher may cancel the confirmed Experience by promptly notifying the Users. In this case, the Fees already paid will be returned to the Users in their entirety with a charge by Adventure Dreamers to the Publisher of the Consideration owed by them.
- In the event of cancellation without just cause – for example adverse weather events, natural disasters, socio-political threats, epidemics, damage to means identified for the experience and not replaceable – the Publisher will be solely responsible for any damage suffered by Users. In relation to this latter eventuality, the Publisher undertakes to indemnify and hold harmless Adventure Dreamers from any claims by Users and/or third parties.
- FEE REFUND
- Without prejudice to the provisions of the articles. 4.6, 6 and 7, the User will not be entitled to any refund, total or partial, of the fee paid in the event that, due to causes of force majeure, bad weather or other factors, the full enjoyment of the experience or the carrying out of the tour is compromised. planned program. In this case, it will be the responsibility of the Publisher to identify alternative activities in the same time frame as the proposed experience or, at its sole discretion, to defer the experience. It is understood that, in relation to outdoor activities, which are inherently risky, the choice of whether or not to carry out the experience in case of bad weather is left to the Publisher, all in order to protect the safety of the participants.
- OBLIGATIONS AND RESPONSIBILITIES OF ADVENTURE DREAMERS
- Adventure Dreamers undertakes to provide a Platform management service in accordance with these General Conditions. It is understood that Adventure Dreamers exclusively provides a Platform management service, not being in any way part of the relationship established between Users and Publisher. In particular, Adventure Dreamers does not provide any service attributable to: (i) booking and supply of holiday packages, including any ancillary services; (ii) booking or rental of means of transport; (iii) booking of hotel, transport and/or restaurant services.
- Adventure Dreamers does not verify the authenticity of the information provided by Users. Under no circumstances may Adventure Dreamers be held responsible for the data, information and/or contents provided by a User or Publisher present in the Site’s database, whether or not they are accessible to the public, for the untruthfulness of said data, information or contents, for errors or omissions that they may contain, or for damages caused to Users or third parties, deriving from the use of the contents provided by a User, Publisher, owner and/or intermediary of the boats present in the Site database, shown or transmitted by any User through the Site.
- ADVENTURE DREAMERS, IN ITS CAPACITY AS A MERE PLATFORM MANAGER, DOES NOT ASSUME ANY RESPONSIBILITY REGARDING THE ORGANIZATION AND GOOD SUCCESS OF THE EXPERIENCES PUBLISHED ON THE PLATFORM. THE BIDDER THEREFORE REMAINS IN COMPLIANCE WITH THE PROVISIONS OF THE ART. 3.1, SOLE AND EXCLUSIVE RESPONSIBLE FOR THE ORGANIZATION AND GOOD SUCCESS OF THE PROPOSED EXPERIENCES.
- Any waivers and cancellations of Experiences by Users or the Publisher cannot in any way be attributed to Adventure Dreamers, as they exclusively concern the relationship between Users and the Publisher. Therefore, any liability of Adventure Dreamers in relation to the cancellation of the Experiences is excluded, without prejudice to the obligation to refund the User the Fee paid in the event of cancellation of the Experience by the Publisher, pursuant to art. 7.2. It is understood that the aforementioned reimbursement obligation remains limited to the amount paid by the User at the time of booking.
- MISUSAGE OF CUSTOMERS AND ADVERTISING
- Under no circumstances will Users and the Publisher be able to participate in or organize an Experience by circumventing the booking and payment system governed by these General Conditions.
- Under no circumstances will Users and the Publisher disseminate advertising messages, in their own name or that of third parties, through the Platform.
- In case of violation of the provisions of paragraphs 1 and 2 above, the person responsible for the violation will be required to pay a penalty equal to Euro 10,000.00 (ten thousand/00) for each violation detected.
- DURATION AND TERMINATION
- These General Conditions are agreed for an indefinite duration, starting from their acceptance by the User.Adventure Dreamers may, at its sole discretion, suspend access to the Site and the service in the event of suspected non-compliance by the User with these General Conditions or the Conditions of Use of the Site.
- In case of violation by Users of the provisions of the articles. 3, 4, 5, 6, 7 and 10, Adventure Dreamers reserves the right to terminate the contract pursuant to art. 1456 c.c., limiting the use, suspending or deleting the account of the User who is responsible for the non-compliance, without prejudice to the request for the penalty referred to in the art. 10.3 as compensation for damages. Following the suspension or cancellation of an account, any reservation associated with it – in the event that the account is associated with a User – and any published proposal, and the reservations associated with it – in the event that the account is associated to a Bidder – may be canceled by Adventure Dreamers, at its sole discretion. The User will not be entitled to any refund and the Provider will not be entitled to any payment for reservations canceled following the suspension of their account. Furthermore, in the event that the account is associated with an Offeror, Adventure Dreamers, in relation to the proposals published by the Offeror, reserves the right to:
-Notify Users that their reservation has been cancelled;
-Fully refund Users regardless of cancellation terms;
-Contact Users and inform them about alternative offers available.
-Users can cancel their account at any time, following the procedure indicated on the Site. From the moment the User receives the cancellation confirmation email, the User will no longer be allowed access to the service.
-It is understood that the User is responsible for all activities carried out through the account until its actual cancellation and/or deactivation.
- CONFIDENTIALITY AND PERSONAL DATA
- CONTRACTUAL AMENDMENTS
Adventure Dreamers reserves the right, in order to improve the quality of its services, to modify the General Conditions at any time. The changes will be brought to the attention of Users upon first access to the Platform following their introduction and must be duly accepted by them.
The changes will not apply to bookings prior to the date of entry into force of the new contractual conditions.
- APPLICABLE LAW AND JURISDICTION
These General Conditions and their conclusion, interpretation and validity are governed by Italian law.