Last Revised: June, 2023
Tint Tourism Technology Ltd, d/b/a Tourist Italy (“Tourist Italy”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our primary website at https://www.touristitaly.com (the “Site”). Our Site offers basic information regarding our company and our booking services (“Service(s)” as further detailed below). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
Table of Contents
- Acceptance of the Terms
- The Site and the Services
- User Responsibility
- Waiver and Release
- Cancellation and Refund Policy
- Fees and Payments
- Use Restrictions
- Contacting us via the Site
- Registration and User Account
- Intellectual Property Rights
- Trademarks and Trade names
- Linking to Tourist Italy’s Site and links to Third Party Sites
- Social Media Features
- Advertisements, Promotions, Sponsorships and Benefits
- Changes to the Site
- Disclaimers and No Warranties
- Limitation of Liability
- Amendments to the Terms
- Termination of these Terms and the Termination of the Site’s operation
1. Acceptance of the Terms
The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. If you are using the Service for the benefit of and/or on behalf of any third party. You hereby represent that such third-party was made aware of these Terms.
2. The Site and the Services
Tourist Italy offers its Users with an online platform through which Users can book tourism related services and/or products including tours, transportation services, including without limitation car rental services transfers etc., and accommodation (collectively, the “Services”).
The Site may provide you with comprehensive information and news regarding Tourist Italy, company overview, partners, news regarding our company including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). In addition, the Site provides Users who sign up for our newsletter certain services, for example, provide Users with updates via e-mail regarding the Company’s developments, new services, general content etc. (the “Newsletter Subscription“).
THE CONTENT MAY INCLUDE THIRD PARTY CONTENT (e.g. INFORMATION PROVIDED TO US BY THIRD PARTY SOURCES), SUCH AS MARKETING MATERIALS, DESCRIPTIONS, PRICES, RELEVANT DEALS OF SUCH THIRD PARTY PRODUCTS AND SERVICES. SUCH THIRD PARTY CONTENT IS NOT VERIFIED BY TOURIST ITALY, DOES NOT BIND TOURIST ITALY IN ANY FORM AND TOURIST ITALY CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH THIRD PARTY CONTENT. AS SUCH WE WILL NOT BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT. IN ANY CASE WHERE SUCH INFORMATION CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY THE PROVIDER OR SELLER OF SUCH GOODS AND SERVICES DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH PROVIDER OR SELLER DIRECTLY SHALL PREVAIL. TOURIST ITALY IS NOT THE SELLER OR SUPPLIER OF ANY SUCH GOODS OR SERVICES AND HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONDITION, UTILITY PRICE, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY, AVAILABILITY AND/OR ACCURACY OF THESE GOODS OR SERVICES. AS SUCH, TOURIST ITALY DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OR SUPPLIERS OF THOSE GOODS OR SERVICES.
AS OUR SERVICES ARE SUPPLIED BY A VARIETY OF THIRD PARTY SELLERS OR SUPPLIERS, THE CANCELLATION AND REFUND POLICES OF EACH SUCH THIRD PARTY MAY BE DIFFERENT. THE SAID SERVICES ARE SUBJECT TO THE TERMS SET FORTH IN THE RESPECTIVE THIRD PARTY’S ORDER PAGE AND/OR ANY THIRD PARTY DOCUMENT REFERRING TO SAID THIRD PARTY’S CANCELLATION AND/OR REFUND POLICY. IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO REVIEW CAREFULLY EACH SUCH CANCELLATION AND/OR REFUND POLICY AND IN ANY EVENT OF CANCELLATION CAUSED BY THE RESPECTIVE THIRD PARTY, TOURIST ITALY IS NOT AND WILL NOT HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH SUCH CANCELLATION AND/OR ANY LEGAL PROCEEDINGS BETWEEN THE RESPECTIVE THIRD PARTY AND YOURSELF. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO TOURIST ITALY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. TOURIST ITALY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN, AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE AND/OR THE CONTENT.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Additional terms may apply with respect to certain features and/or products provided by Tourist Italy. In case of any conflict between such terms and the Terms, the specific terms shall prevail.
You are welcome to make an online booking of the various tourism services (such as sightseeing tours, activities, flight tickets, tickets, accommodation reservations and etc.) (“Tourism Services”) via Tourist Italy’s Site including tours in various destinations (“Tour(s)”). Upon the completion of the booking process for the Tourism Services (“Booked Service(s)” and/or the “Reservation”), you will be required to pay the required amount for such Booked Service (as appeared on the Site and during the booking process). Following the payment for the Booked Services, you will receive an e-mail confirming the Booked Service (“Booking Confirmation”). The Booked Services are operated and provided by either a local third party tourism operator and/or by TI Tours Ltd (the “Operator”), our subsidiary. Following the completion of the Booked Service via the Site, you will be provided with contact details of the Operator that is expected to carry out the tour services in your Booked Service.
You hereby acknowledge that payments made by credit card or alternative payment methods for Booked Services on or through the Site may be handled by our payment processing agent “Tint Tourism Technology Ltd.” registered at Kosti Palama, 34, Floor 4, Flat 4D, 1096, Lefkosia, Cyprus.
As Tourist Italy is relying on information provided to it by third parties, you hereby acknowledge that a Booked Service may be cancelled, amended or delayed due to circumstances which are not under Tourist Italy’s and/or Operator’s control (including Force Majeure events and for the avoidance of any doubt, including pandemics or epidemics). In such cases, Tourist Italy and/or the Operator will make their best efforts to inform you in advance of such changes and act to provide real-time reasonable solutions to minimize the impact of such cancellations, changes or delays, on the costs, schedule and your general services experience. In particular, in cases where access to certain sites or attractions is not available, Tourist Italy and/or Operator may decide on an alternative attraction and you shall not be entitled to any compensation or refund due to such changes. Please check your e-mail account provided to us during the booking process of the Booked Service via the Site at 22:00 on the night before the Booked Service is expected to be provided as important updates might be provided and communicated in this way.
Further, Tourist Italy may not be able to guarantee that the Booked Service will be provided by the exact service provider, as indicated in the Booking Confirmation and reserves the right to provide you with the Booked Service, by third party service providers of a comparable level.
All communications with respect to the Booked Service (such as updates, changes, cancellation requests, etc.) shall be handled directly by Tourist Italy, unless Tourist Italy, at its sole discretion, directs you to the applicable Operator of your Booked Service. All complaints with respect to your satisfaction from a Booked Service may be submitted only within 21 calendar days from completion of the Booked Services and directed solely to the applicable Operator.
YOU ACKNOWLEDGE AND AGREE THAT TOURIST ITALY DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OPERATOR, HOTEL (AS DEFINED BELOW) AND/OR THIRD PARTY SERVICE PROVIDERS. WE DO NOT INVESTIGATE OR VERIFY ANY SUCH THIRD PARTY SERVICE PROVIDER’S REPUTATION, CONDUCT, MORALITY, AND/OR CRIMINAL BACKGROUND. IN ADDITION, TOURIST ITALY SHALL NOT BE RESPONSIBLE, IN ANY WAY WHATSOEVER, FOR ANY CONTENT AND/OR SERVICES SUGGESTED, PROPOSED AND/OR PROVIDED BY ANY OPERATOR, HOTEL AND/OR THIRD-PARTY SERVICE PROVIDERS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND/OR INTERACTIONS AND/OR MEETINGS WITH OTHER THIRD PARTY SERVICE PROVIDERS, USERS, HOTELS AND/OR THE OPERATOR(S) RESULTING FROM YOUR USE OF THE SITE AND/OR THE SERVICES AND YOU SHALL TAKE ALL REASONABLE PRECAUTIONS IN SUCH COMMUNICATIONS, INTERACTIONS AND/OR MEETINGS.
Tours will be transported by various sizes and types of vehicles. Tourist Italy and/or the Operator has no obligation nor liability for the size, type or model of the transportation used, provided however, that Tourist Italy will make reasonable commercial efforts to make sure that all vehicles used in connection with the Tour will be in full compliance with any applicable local laws and regulations. Special personal needs such as wheelchair-accessible vehicles, baby chairs, carriages, or dietary requirements, will be provided “on a request” basis upon advanced notification to Tourist Italy via the Site and/or e-mail, as applicable. Whilst the Operator will do its best to deliver such special needs, these are often requiring coordination with third-parties and Tourist Italy and/or the Operator shall not be held responsible in case of lack or partial delivery.
Without derogating the foregoing, by making an accommodation reservation with certain hotel, hostel, guest house or any accommodation provider (each, a “Hotel”) via the Site, you accept and agree to the relevant cancellation and no-show policy of that Hotel, and to any additional (delivery) terms and conditions of the Hotel that may apply to your Reservation (including the fine print of the Hotel made available on our Site and the relevant house rules of the Hotel), including for services rendered and/or products offered by the Hotel. The relevant (delivery/purchase/use/carrier) terms and conditions of a Hotel can be obtained with the relevant Hotel. The general cancellation and no-show policy of each Hotel is made available on our Site on each such Hotel information pages, during the reservation procedure and in the Booking Confirmation (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Hotel in the event of a no-show or charged cancellation. Please check the Reservation details of your product or service of choice thoroughly for any such conditions prior to making your Reservation.
Cancellation and prepayment policies may vary per segment, product or service of each Hotel. Please carefully read important information in your Booking Confirmation for additional policies as may be applied by the Hotel (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Hotel agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Reservation, please revert to the Booking Confirmation and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Hotel’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the Hotel carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant Reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Hotel so they know when to expect you to avoid cancellation of your Reservation or charge of the no-show fee. Our customer service department can help you if needed with informing the Hotel . We do not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Hotel.
4. User Responsibility
- 4.1.Tours. You are required to duly arrive to any Tour pick-up point at least 15 minutes prior to the time set for such Tour to begin. During the Tour, Operator’s drivers are not obligated to wait for you after the time set in each case by the relevant Operator’s representative. If you miss the pickup time, or the time set for arrival at other points during the Tour, the Tour may procced without you and the Operator will not be held responsible nor liable for any compensation, refund or damages caused to you as a result thereof. You hereby understand that in certain types of Booked Service, Operator’s arrival to pick up points may be delayed due to unexpected traffic or other external conditions which are neither under Tourist Italy’s nor Operator’s control. Any changes you wish to make to your Booked Service including change in pick-up location, tour date, must be made in writing and confirmed by Tourist Italy.
- 4.2. For the avoidance of doubt, while participating in a group Tour, you are required to stay with the group at all times, while any separation from the group, permanently or temporarily, may cause a special ‘rescue fee’, according to the circumstances and in Operator’s sole discretion, and such rescue fee, will be fully and exclusively borne by you. You hereby acknowledge and agree that you shall have no right to offset or deduct any such rescue or similar in nature costs or fees applicable to you under these Terms from any missed/unused site or attraction costs.
- 4.3. It is highly recommended that you will carry an active and charged cell phone from which you will be able at all time to receive and make local and/or international calls. You should provide Tourist Italy with the contact number during booking process. You hereby acknowledge that using your cell phone out of your country may impose special rates and costs. Tourist Italy and/or Operator shall not be liable for and will not bear any costs or expenses in this and such usage shall be at your sole and exclusive expense.
- 4.4. It is hereby clarified that Operator and/or Tourist Italy may, at its sole and absolute discretion, require you to withdraw, or otherwise suspend you from any Tour or other Booked Service, if your behavior is deemed to be offensive, violent, or to cause annoyance or significant discomfort to other participants. Operator’s right in this respect shall also apply in case where you are not keeping a reasonable pace with the rest of the group in a way that is detrimental to the experience of other participants Tourist Italy and Operator shall have no further liability for your carriage under such circumstances and you shall not be eligible for any refund or compensation.
- 4.5. All Services will be covered by insurance to be procured by the relevant Operator, if available. Nevertheless, Tourist Italy and/or Operator recommends you to insure yourself against any and all personal health damages. In addition, Tourist Italy and the Operator will not be liable for any loss/theft of personal belongings, and recommends that valuable belongings shall be left at home. We strongly recommend that you purchase comprehensive travel insurance at the time of booking to protect against the risk of cancellation or interruption, loss of baggage, medical expenses and travel delay.
- 4.6. You are required to confirm that there are no mistakes or overlaps between the Services in the itinerary provided to you by the Site. In any case of contradiction in your itinerary caused by the Site, you are required to contact our customer service.
5. Waiver and Release
- 5.1. During a Tour, it is likely that the Operator and/or any one acting on his behalf, including drivers, tour guides and etc., will take certain photographs for advertising, publicity and promotional purposes and such will be published in on social media or in other marketing materials, all subject to applicable privacy laws. If you do not agree to be photographed, please inform the Operator’s or Tourist Italy’s representative as soon as possible, and in any event before such photographs are taken. You consent and agree that any photograph taken by the Operator, and/or Operator’s team and/or Tourist Italy, may be used, adapted, reproduced, publicly distributed, or exhibited for the purposes mentioned above. You will not receive any compensation for any use of such photographs. You expressly release and hold harmless Tourist Italy and its employees and contractors from any and all claims which you have or may have arising out of the use, adaptation, reproduction, distribution, broadcast, or exhibition of such photographs.
6. Cancellation and Refund Policy
|Type of Tourism Service
|1-Day Group Tours
|Up to 24 hours before the start time of the trip
|100% refund minus a 5% handling fee
|Packages (2+ days) consisting of Trips + Hotel
|Up to 4 weeks before the start time of the trip
|100% refund minus a 5% handling fee (excluding upgrades to accommodations, if any)
|Private 1 Day Tours
|Up to 48 hours before the start time of the trip
|100% refund minus a 5% handling fee
|Private Package Tours
or Private Tours for Groups,
or Other Special/Custom Organized Tours
|Up to 4 weeks before the start time of the trip.
|100% minus a 5% handling fee
Your Booked Service shall be deemed canceled only if you provide written cancelation notice and refund request sent to Tourist Italy with sufficient prior notice. Such requests are subject to Tourist Italy’s official confirmation. All refund requests should be directed to Tourist Italy via its e-mail address [email protected].
For the avoidance of any doubt, in any case of pandemics or epidemics the refund policy will remain in accordance with the refund policy as set forth in table above.
7. Fees and Payments
Fees are paid in U.S. Dollars currency. Tourist Italy may, at any time and at its sole discretion, amend the fee schedule, payment terms and cancellation policies specified on the Site. Any such changes will take effect immediately after being posted on Tourist Italy’s Site. Tourist Italy may deduct foreign currency processing costs from any payment (including currency conversion fees and transfer charges and other processing commissions incurred by you).
Unless explicitly stated otherwise in writing regarding certain Tourism Services offered via the Site, all such Tourism Services prices do not include meals, beverages, entrance fees, accommodation, personal travel insurance or any other costs and expenses which are not stated under inclusions.
For certain Tourism Services, a five (5) percent student discount will be available, and shall apply subject to presentation of a valid student certificate and discount card along with corresponding ID to the Operator’s representative prior to the departure of the applicable Booked Service. Should no valid student certificate and discount card, or corresponding ID will be provided, you will be required, as precondition for your participation in the Booked Service, to pay the difference between the discounted student price and the full adult price. Student discount is not cumulative with other discounts.
In addition, for certain Tourism Services a price reduction will apply to children under the age of twelve (12). This discount is also not cumulative with other discounts, and will apply only if presented explicitly for the Booked Service using a coupon discount code.
Without derogating from the foregoing, please note that price reductions and discounts shall in no event apply to supplements or special extras, such as single supplement, high season supplement, etc. Accordingly, any such supplements and extras will be charged on top of the total Booked Services fees (after implementations of any discounts and price reductions available for such Service). The Tourism Services may include certain tours or transfers crossing from a country to another (“Crossing Tour(s)”). Crossing Tours are subject to additional fees which are presented on the Site, and shall be deemed accepted by you upon the receipt of the Booking Confirmation (“Crossing Tours Extra Fees”). Crossing Tours Extra Fees may include, inter alia, border crossing fees to departure taxes for individuals and/or groups, arrangement and preparation of visa, assistance service from border representative on departure, assistance service from border representative on arrival, and assistance service from border representative on departure, and applicable “Visa fees”. Crossing Tours Extra Fees are required to be paid by you in cash (whether in US Dollars or local currency), at the arrival to the borders. In the event of any border-passage refusal or detention by governmental authorities, and/or any other event the Crossing Tour will proceed without you, and you will not be eligible for any refund or compensation.
You hereby acknowledge that Crossing Tours Extra Fees may be amended from time to time, by the relevant governmental authorities. Tourist Italy and/or the Operator will make all reasonable efforts to inform you in advance and once Tourist Italy became aware of such amendment(s), but cannot guarantee, that you will be provided with such notification in advance, at all times.
You further acknowledge, that immediately following the entrance to a foreign country, a foreign third-party tour operator will be in charge of the remaining part of the Crossing Tour and shall be deemed as the Operator for such part of the Crossing Tour. Although Tourist Italy will serve as your point of contact, Tourist Italy is not responsible and shall not be liable to the operation of the Crossing Tour.
In certain situations, and with respect to Tours and/or Crossing Tours, and at the full discretion of the Operator, the order of sites can be changed, the order of days within a multi-day tour can be changed, and the location of overnight stays can be changed. You acknowledge that this is possible and you will not be entitled to claim any refund whatsoever in such circumstances.
8. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Tourist Italy’s sole discretion) in the termination of your use of the Site and/or Content and/or the Service and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Tourist Italy, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Tourist Italy or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Tourist Italy endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Tourist Italy on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Tourist Italy’s proprietary rights, including Tourist Italy’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Tourist Italy’s prior written consent; (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (m) frame or mirror any part of the Site without Tourist Italy’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site; (o) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Site for any purpose for which the Site is not intended; and/or (q) infringe and/or violate any of the Terms.
10. Contacting us via the Site
In order to contact us and use the Site, you will need to fill out and complete our contact form available on Site. The contact form requires, inter alia, the User’s full name, e-mail address and telephone number. Additionally, you can optionally provide any text you wish to insert into the “message box”. You may also contact Tourist Italy via the telephone, email, SMS, or WhatsApp correspondence, and via our social media accounts – Twitter, Facebook, Instagram and Skype.
11. Registration and User Account
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Tourist Italy. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such event you must change your password immediately via the settings in the Site. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be exposed to civil and/or criminal liability.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
13. Intellectual Property Rights
The Site, the Content and Tourist Italy’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Tourist Italy and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Tourist Italy and its licensors.
The Terms do not convey to you an interest in or to Tourist Italy’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Tourist Italy’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Tourist Italy (“Feedback”), Tourist Italy shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Tourist Italy’s current or future services, products or technologies and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Tourist Italy to comply with any additional obligations with respect to any Tourist Italy current or future products, technologies or services that incorporate any Feedback.
14. Trademarks and Trade names
Tourist Italy’s marks and logos and all other proprietary identifiers used by Tourist Italy in connection with the Site (“Tourist Italy’s Trademarks”) are all trademarks and/or trade names of Tourist Italy, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Tourist Italy’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
15. Linking to Tourist Italy‘s Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Tourist Italy, and does not portray Tourist Italy in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Tourist Italy’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
16. Social Media Features
The Site may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Instagram, and e-mail etc.) (“Social Features“).
17. Advertisements, Promotions, Sponsorships and Benefits
Tourist Italy may accept and display via the Site advertisements, promotions and sponsorships from third parties and may provide you with benefits provided via third parties. Please note that Tourist Italy makes no warranties or representations concerning such advertisements, promotions, sponsorship and benefits whether or not Tourist Italy has control over them. Tourist Italy may be entitled to certain shares of the earnings from such advertisements, promotions and sponsorship. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. Tourist Italy assumes no responsibility for such third party advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with third party advertisements, benefits and sponsorships
All the information contained in such advertisements and commercials belongs solely to the advertisers and Tourist Italy makes no warranties or representations in respect of such, whether or not Tourist Italy has control over such advertisements or commercials and these are provided on an “AS IS” basis.
TOURIST ITALY AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO NOR CAN THEY VERIFY THE ACCURACY OF INFORMATION REPRESENTED IN SUCH ADVERTISEMENTS. THUS, TOURIST ITALY MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ADVERTISEMENTS.
The Site’s availability and functionality depends on various factors, such as communication networks. Tourist Italy does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
19. Changes to The Site
Tourist Italy reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) or the Service without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site, may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Tourist Italy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein, and/or the Service. You hereby agree that Tourist Italy is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
20. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND TOURIST ITALY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “TOURIST ITALY’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY SERVICES OF TOURIST ITALY SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE SERVICES AGREEMENT BETWEEN TOURIST ITALY AND EACH USER.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE SERVICE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, THE SERVICE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). TOURIST ITALY AND TOURIST ITALY’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM THE DELAY OF ANY OPERATOR OR SUPPLIER, INCLUDING WITHOUT LIMITATION ANY DAMAGE THAT MIGHT RESULT FROM YOU MISSING ANY OTHER TOURS, SERVICES OR EXPERIENCES.
WE DO NOT WARRANT THAT THE BOOKED SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS AND THAT THE PERFORMANCE OF THE BOOKED SERVICE WILL ADHERE TO THE SCHEDULE PROVIDED IN THE SITE. YOU HEREBY RELEASE AND HOLD HARMLESS TOURIST ITALY, TOURIST ITALY’S REPRESENTATIVES AND THE OPERATORS FROM ANY DELAYS, BOOKED SERVICE CANCELLATION, INJURIES, DEATHS, OR ANY OTHER DAMAGE WHICH MAY ARRISE DURING THE BOOKED SERVICE.
DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, YOU HEREBY ACKNOWLEDGE THAT TOURIST ITALY CANNOT GUARANTEE THAT INFORMATION PROVIDED BY YOU VIA THE SITE WILL BE SECURED AT ALL TIMES.
YOU AGREE THAT USE OF THE SITE, THE SERVICE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
21. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL TOURIST ITALY, THE OPERATOR, TOURIST ITALY’S AND/OR THE OPERATOR’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, THE SERVICE, THE CONTENT AND/OR YOUR PARTICIPATION IN BOOKED SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF TOURIST ITALY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TOURIST ITALY OR TOURIST ITALY’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TOURIST ITALY OR TOURIST ITALY’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, TOURIST ITALY AND TOURIST ITALY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE SERVICE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO TOURIST ITALY FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM TOURIST ITALY’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Tourist Italy, including Tourist Italy’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use the Site, the Service and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site, the Service and/or the Booked Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
23. Amendments to the Terms
Tourist Italy may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
24. Termination of these Terms and the Termination of the Site’s operation
At any time, Tourist Italy may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Tourist Italy under any applicable law.
Additionally, Tourist Italy may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Tourist Italy does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and Tourist Italy relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tourist Italy, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the Cyprus without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Nicosia District, Cyprus. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Tourist Italy may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Tourist Italy, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language..
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to [email protected].