Terms and Conditions

June 2022

These terms and conditions of service (or "TOS") govern the use of the digital platform "Holidoit" available at www.holidoit.com, as well as access to content and booking of activities present on it by the User, except in cases where explicit indication is given about the application of terms different from these.

The TOS also provide information on the service provided by the digital platform "Holidoit" (the "Service" or the "Platform").

By using, accessing and/or registering on the Platform, the User accepts these Terms of Use.

The following terms have the meaning indicated below, it being understood that terms defined in the plural are also defined in the singular and vice versa:

Holidoit is the digital platform developed by the Company aimed at enhancing and facilitating communication between Suppliers and Users, simplifying - respectively - the publication of Listings for recreational activities and leisure throughout the national territory, and their booking.

Through the Platform, Users can book Experiences and other services made available by Suppliers and promoted through Listings.

The Platform service includes managing bookings, payments, refunds and cancellations on behalf of Suppliers.

The User acknowledges having read, understood and accepted these Terms of Use, and that these Terms of Use include any note, legal notice, information or disclaimer, including the Privacy Policy and Cookie Policy published at https://holidoit.com/t/privacy-policy, and represent and constitute the complete manifestation of the agreements reached between the parties and cancel and replace any possible different and previous agreement, even verbal, between them occurred, as well as any other communication between them relating to registration, access and use of the Service.

The User acknowledges that by using, registering, accessing the Platform and/or booking Experiences, they are entering into a legally binding agreement with the Company governed by these Terms of Use, which they expressly accept.

In this regard, the User declares to be fully aware that acceptance by means of electronic tools constitutes a valid and binding act of consent. The same regime is considered to be subject to any manifestations of assent or acknowledgment regarding communications or notifications from Suppliers concerning modification, revision or cancellation of policies, procedures or Terms of Use.

The User acknowledges that the Company may modify the Terms of Use, for example for compliance with new legal provisions. Therefore, the Company will communicate to the User any changes to the Terms of Use, which must be accepted by the User within 30 days from their communication, unless the User decides to withdraw without consequences within the same period. The User in any case is required to regularly check the Terms of Use.

These Terms of Use govern the relationship between the Company and the User and do not give rise to rights in favor of third parties.

This agreement, as concluded, will be archived and made available to the User according to the methods indicated on the Platform, in addition to being locally savable in .pdf format. Similarly, on the Platform are indicated the technical means made available to the User to identify and correct data entry errors before signing this agreement.

The Company will send via email receipt of the User's acceptance, containing a summary of these general and particular conditions applicable, information relating to the essential characteristics of the service and detailed indication of the price, means of payment and applicable taxes.

Users can browse the Platform, view Experiences and make bookings even without prior registration on the Platform.

To complete registration on the Platform, Users provide certain data, such as username, email address, and any other data indicated in the registration form.

Once the registration process is completed, the User will receive an email of successful registration and will be able to access their account and, at their discretion, complete, modify and/or delete it.

Once registered on the Platform, the User can book Experiences from their reserved area.

The User is required to adopt adequate and satisfactory measures to prevent improper use or theft of their account, as well as to maintain an adequate level of security and control over all devices, items, IDs, passwords and personal identification numbers/codes used to access their account.

The Company is unable to guarantee the identity of Users who use the Platform, therefore, the latter have the obligation to inform the Company if they believe that their account associated with the Platform has been subject to theft or illicit use by third parties. The Company, in any case, will not be responsible for any fraudulent use of the User's account by third parties.

The Company recommends Users to report to the police authorities any theft, misappropriation or suspected misuse of their account. If necessary, the Company undertakes to collaborate with the User and the competent authorities. In case of fraud, Users reserve the right to adopt all appropriate measures if they have suffered damages resulting from improper use of the Platform.

Booking an Experience is the operation by which the User, having identified an Experience of interest, submits, through the Platform, a Booking Request to the relevant Supplier so that they reserve their Experience for a specific time frame (or part of the available spots for it).

To request the booking of an Experience, the User must follow the procedures and instructions indicated on the dedicated screen, filling out the formats prepared within the Listing, and entering information relating to, for example, the date, time, number and age of participants in the Experience. If intending to confirm the Booking Request, the User must duly confirm and click on the "Book now" button.

After completing the Booking Request, the User must enter certain data such as name, surname, email address, phone number, Tax Code and/or VAT number, and credit card details.

The insertion of the identification details of payment cards does not yet involve, by the Platform, any charge to the User, but consists of a pre-authorization for payment.

From the moment of the Booking Request, the Supplier has 168 hours to confirm the booking. In the event that the Booking Request is confirmed by the Supplier, the contract between the User and the Supplier is considered stipulated and accepted by effect of Law, and the amount corresponding to the Experience is charged in accordance with the pre-authorization for payment.

Payment for the Experience is executed through a secure payment system provided by third parties. For any information on payment authorization, the User is invited to consult the Platform page dedicated to the specific topic.

After making the payment, the User will receive an email with the booking summary, in which all the main information relating to it is indicated, such as, by way of example only, the number of people, place, date, time, price paid, meeting place, name and contacts of the Supplier.

In the event that the Booking Request is not accepted by the Supplier within the term of 168 hours, or in the event that the Booking Request is refused by the Supplier, the pre-authorization for payment is canceled and no contract will be considered concluded between the User and the Supplier.

In case the Booking Request is refused, the Company and/or the Supplier reserve the right to offer the User an Alternative Proposal. The formulated Alternative Proposal is to be understood as a counter-proposal to the Booking Request made by the User. With the Alternative Proposal, the Supplier commits to the User, until midnight of the day following the moment of sending this Alternative Proposal, to reserve, for the date and number of participants indicated, their availability for the Experience. In turn, the User, during the indicated time period, has the possibility to accept or refuse the Alternative Proposal offered to them.

The User is always allowed to cancel their Booking Request as long as it has not been confirmed by the Supplier. The cancellation must be made following the instructions provided in the appropriate section of the Platform. The Booking Request is considered cancelled when the Company receives the relative communication and the Supplier is automatically informed via email.

It is understood that the booking and purchase of an Experience will not be concluded, remaining without any effect, if the procedure referred to in this article is not punctually respected.

Through the Platform, the User has the option to purchase transferable gift vouchers ("Vouchers") to book an Experience.

The Voucher should be understood as a legitimation title that gives the beneficiary who possesses it the right to spend the amount indicated therein, for the purchase and booking of the Experiences offered on the Platform.

The purchase of a Voucher takes place through a specific functionality present in the Listing of the Experience selected by the User, by clicking on the "Gift" option and following the purchase instructions indicated in the preceding paragraph: the User must enter certain data such as name, surname, email address, phone number, Tax Code and/or VAT number, and credit card details.

After completing the payment for the Voucher, the User will receive an email containing the confirmation of the purchase with indication of the Voucher value, the purchase date, the type of gifted Experience, the number of participants who would be entitled to participate in the Experience, the duration of the Experience, information on the right to withdraw within 14 days of purchase pursuant to Article 52 of Legislative Decree 206/2005, the expiration date by which it is possible to use the Voucher, and the discount code associated with the Voucher ("Discount Code").

To use the Voucher, the beneficiary in possession of it must access the Platform, identify the Experience for which the Voucher was gifted, and enter the Discount Code during the booking process, on the page dedicated to the payment of the Experience. The beneficiary of the Voucher can also use the Discount Code to book a different Experience than the one for which the Voucher was gifted. In this case, the beneficiary must access the Platform, identify the desired Experience and enter the Discount Code during the booking process, on the page dedicated to the payment of the selected Experience.

If the Voucher credit is insufficient to book the Experience, the missing amount can be paid using the other payment methods accepted by the Platform.

The Voucher can be used by the beneficiary who possesses it within 12 months from the purchase by the User. After this period, the Voucher expires and the Company can retain the residual value, without the right to any refund or return to the User or the beneficiary of the Voucher.

The User who has purchased the Voucher can withdraw from the purchase by communicating it within 14 days pursuant to Article 52 of Legislative Decree 206/2005, according to the methods indicated in the paragraph that follows.

Except as provided above regarding the right of withdrawal within 14 days from purchase, Vouchers purchased by the User are not refundable.

In case of theft or loss, lost or stolen Vouchers that have already been used by third parties (in whole or in part) cannot be replaced or refunded to those who have reported the loss after use.

The User acknowledges that the Experiences that can be booked through the Platform consist of recreational activities with a specific date or period of execution, therefore, the right of withdrawal for these is excluded pursuant to Article 59 of the Consumer Code (Legislative Decree 206/2005).

In cases where the purchased Experience does not fall under the cases of exclusion of the right of withdrawal, always pursuant to Article 59 of the Consumer Code, the User can withdraw from the purchase contract by giving timely notice through the sending of a registered letter with return receipt addressed to the Supplier of the purchased Experience, to the email address indicated in the booking confirmation and to Holidoit s.r.l., in Giussano (MB), Via Udine n. 4, or by email to the address info@holidoit.com. The exercise of the right of withdrawal must take place within fourteen calendar days, without any penalty being payable and without the need for the User to specify the reasons for the renunciation, as established by Articles 52 et seq. of the Consumer Code, provided that, in the meantime, they have not used the Experience.

The withdrawal period starts from the date of receipt of the email confirming the booking of the Experience. The Company will activate the refund procedures for all payments made by the User for the purchase of the Experience, without delay and in any case within fourteen days from the day on which it was informed of the User's decision to withdraw from the contract pursuant to this article.

The Supplier is recognized the possibility of canceling the Experience if its execution is made impossible, difficult or dangerous due to force majeure causes that are beyond their control such as, by way of example, the occurrence of particularly adverse weather conditions, natural disasters, epidemiological emergencies, and/or regulatory measures that prevent the carrying out of the activities of the Experience.

In the cases referred to in the previous paragraph, the Supplier shall notify the Company and the User, in the forms deemed most appropriate, provided they are suitable to ensure the timeliness of the communication.

The Company undertakes, if requested by the User and once received the communication regarding the cancellation of the Experience by the Supplier, to arrange the refund in favor of the User of the sum paid for the execution of the Experience by re-crediting the amounts to the payment instrument originally used.

The refund will be issued by the Company in the name and on behalf of the Supplier.

Where possible, depending on the type of Experience booked, or where expressly provided by the Supplier, the User can proceed with the cancellation of a confirmed booking by following the procedure indicated in the appropriate section of the Platform.

The fees that will be withheld from the amounts paid by the User are indicated, for each Experience, in the cancellation policies included in the Listing of the Experience in question, which represent an integral part of these TOS.

The absence, not previously communicated, of the User on the day and time agreed for the execution of the Experience is to be considered as a last-minute cancellation, and excludes the right to a refund.

The User cannot use the Platform in an improper, illegitimate, deceptive or fraudulent manner. By way of example only, the User is prohibited from using the Platform in ways or for purposes not permitted by Law, to spread computer viruses, or to carry out activities that may compromise the security of the Platform and/or third parties.

The access credentials to the Platform are strictly personal and cannot be transferred, transmitted, communicated or granted by the User to third parties.

The User cannot use the identity of others and/or access the Platform using automated tools (such as collection bots, robots, spiders or scrapers).

The User is exclusively responsible for the truthfulness, legality, correctness and right to use the material or information transmitted by them through the Platform.

The User, by using the Platform, declares and guarantees to have read these general conditions; to have read and accept the Privacy Policy and the Cookie Policy; to be at least eighteen years old (in case of a legal entity, the legal representative declares to be at least eighteen years old), and to be in full capacity to act and to accept these TOS; to use the Platform exclusively in the awareness that it is aimed at providing intermediation services between the User and the Suppliers for the booking of Experiences of a recreational nature.

The rights and obligations of the Company can be assigned to other subjects, for example, by way of example and not exhaustive, in case of change of ownership or due to Law.

The Company can modify, update, suspend, limit or interrupt at any time, and without liability towards the User, the service of the Platform. The User will in any case be guaranteed the enjoyment of the Experiences already booked prior to the suspension.

Any requests for reactivation of the account must be made by email sent to the address info@holidoit.com. The Company reserves the right to decide at its sole discretion on the reactivation of the suspended account.

In all cases provided for in this article, the User will be held responsible for any damages suffered by the Company.

The Company is not obliged, under the Terms of Use, to provide the User with technical assistance regarding the Platform.

The Company can modify, update, suspend, limit or interrupt at any time, and without liability towards the User, the service of the Platform. The User will in any case be guaranteed the enjoyment of the Experiences already booked prior to the suspension.

Any requests for reactivation of the account must be made by email sent to the address info@holidoit.com. The Company reserves the right to decide at its sole discretion on the reactivation of the suspended account.

In all cases provided for in this article, the User will be held responsible for any damages suffered by the Company.

The Company selects Suppliers and their related Experiences offered through the Platform according to its own preventive assessments regarding quality and reliability. In any case, however, the Platform service is provided "as is" and without any explicit, implicit or legal guarantee regarding the Experiences made available by Suppliers and, in general, the Contents of the Platform.

The Company cannot in any way be held responsible for the results and/or consequences deriving from the Suppliers' Experiences, such as, by way of example but not limited to, any harmful consequences arising from the conduct of the Experiences, or the failure to achieve the desired results. Except in cases of willful misconduct or gross negligence, the User acknowledges and accepts, therefore, that the Company will not be in any way responsible for any damages, injuries, losses, charges and expenses or costs, direct or indirect, including any legal expenses incurred and/or borne by the User in connection with the Suppliers' Experiences.

The Company also assumes no responsibility regarding the documentation concerning the state of health, possession of patents, certificates, or any other document produced by the User at the time of booking. Consequently, it is expressly specified that the User and the participants involved by them are solely responsible for the booking and participation in the Experiences, taking into account their level of ability, physical condition, experience, limits, and all risks arising from taking part in potentially dangerous activities, sporting and non-sporting.

The Company undertakes to do what is possible to ensure that access to the Platform and booking of Experiences is provided without interruptions and that any transmission of data occurs without errors. However, due to the nature of the network, uninterrupted access and absence of errors in transmission cannot be guaranteed. The Company cannot therefore be considered responsible for errors, omissions, interruptions, cancellations, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorized access or alteration of any content related to the Platform, unless this is due to willful misconduct or gross negligence.

The User, with these Terms of Use, agrees to be aware that access to the Service may also be occasionally suspended or limited to allow the performance of repair work, maintenance, or the introduction of new activities or services.

The Company will not be responsible for any delay or failure to fulfill the obligations provided for in these Terms of Use if the delay or failure derives from fortuitous events or causes of force majeure.

The limitations and exclusions in this clause apply to the maximum extent permitted by Law.

All Content present or made available to the User through the Platform, as well as trademarks, designs, models, know-how, texts, graphics, drawings, logos, images, audio files, data collections and software, lists or other databases present on the Platform are the exclusive property of the Company and/or Suppliers and/or third parties that the Company exploits based on licenses, and are protected by Italian Laws and International Laws on copyright, intellectual property rights, industrial property rights and rights on databases.

The use of the Platform and the booking of Experiences by the User does not confer any ownership or other rights on the Content, code, data or other materials associated with the Experiences and/or the Platform.

Under no circumstances can the User, without the prior written consent of the Company, do or attempt to do the following to the Content: (i) use the Content and/or the Company's trademarks for commercial, advertising or promotional purposes of a product or service; (ii) market merchandise, physical or digital, that represents the purchased Content and/or the Company's trademarks (iii) attempt to claim any further intellectual property rights relating to the Content.

Any use of the Content contrary to these Terms of Service and/or to the provisions of Italian and EU legislation protecting industrial and intellectual property will be prosecuted according to the terms of the Law.

The Platform may contain hyperlinks that redirect to third-party sites. The Service has no control over these sites and disclaims all responsibility for access to, content of, or use of such sites.

In no case shall the Company's failure to exercise its right to act against the User in breach of these Terms of Use be interpreted or considered as a form of waiver of the Suppliers' rights, including those to act.

If any of the provisions of the Terms of Use were to be judged null or inapplicable by a court or other competent authority, the parties agree from now that the remaining provisions of the Terms of Use will remain in force and will continue to remain fully valid and effective.

The rights and remedies included herein are not exclusive, but are in addition to other rights and remedies available under applicable law.

These Terms of Use are subject to Italian Law.

These Terms of Use are subject to the jurisdiction of the Italian Judicial Authority.

The Judicial Authority of Milan will be the sole territorially competent to decide any dispute that may arise between the parties, to the exclusion of any other Forum, alternative or concurrent.