Esperi.it is the platform owned by DC 4travel S.R.L., dedicated to experiences, excursions, and archaeological, sports and nature activities as well as other tourist services with a particular focus on the destination Campania (from now on referred to, overall and collectively, as "Tourist Services" or "Services" and individually as "Tourist Service" or "Service").

DC 4travel S.R.L., to offer an intermediation service, will make this booking platform available to users and providers of Tourist Services (from now on referred to respectively as the "Users "and the "Providers"). 

DC 4travel S.R.L. will, likewise, make the platform available to certain cooperation partners (from now on referred to as "Resellers") in order to offer the clients of the latter a booking service of the Suppliers' Tourist Services. The use of this platform by Resellers will be subject to a separate and specific contractual agreement and, therefore, will not be permitted without prior written permission from DC 4travel S.R.L.

In addition, DC 4travel S.R.L., through its proprietary platform, carries out activities as an OTA (Online Travel Agency) and Tour Operator specializing in the organization of tourist services in packages throughout the territory of Campania and, therefore, performs intermediation activities in the marketing of individual Tourist Services and/or tourist packages as well as activities of the organization in packages and direct sale of Tourist Services provided by third parties.

With respect to contracts concerning the Tourist Services offered on this booking platform, DC 4travel S.R.L. is not a party to the contract except when it performs activities as a Tour Operator in accordance with the provisions of Section IV of these General Terms and Conditions.

These General Terms and Conditions are divided into:

I. Conditions of Use of Esperi.it

II. General Terms and Conditions of DC 4travel S.R.L. (intermediary)

III. General Contractual Conditions of the Tourist Service Provider (Referring Provider)

IV. General Terms and Conditions of Business (Tour Operator) - General Terms and Conditions of Sale of Tourist Package.

I. CONDITIONS OF USE OF ESPERI.IT

1. Operator of the present website

The website www.Esperi.it (from now on referred to as the "Website" or "Platform" or "Esperi.it") is provided by DC 4travel S.R.L. P.IVA: 01771110622, Registered Office in Amorosi, Via San Nicola n.7, owner of the online travel agency ESPERI TRAVEL registered in the Regional Register of Travel Agencies and Tourism of Campania aut. 456 - D.R. n. 1558/19.

All bookings made through the Platform are subject to the General Terms and Conditions of DC 4travel S.R.L. as well as, depending on the activity, the Terms and Conditions of the Tourist Service Provider and the Terms and Conditions of the Tour Operator - General Terms and Conditions of Sale of Tourist Package.

The website www.Esperi.it (from now on referred to as the "Website" or "Platform" or "Esperi.it") is provided by DC 4travel S.R.L. P.IVA: 01771110622, Registered Office in Amorosi, Via Vecchia Puglianello n.29, owner of the online travel agency ESPERI TRAVEL registered in the Regional Register of Travel Agencies and Tourism of Campania aut. 456 - D.R. n. 1558/19.

All bookings made through the Platform are subject to the General Terms and Conditions of DC 4travel S.R.L. as well as, depending on the activity, the Terms and Conditions of the Tourist Service Provider and the Terms and Conditions of the Tour Operator - General Terms and Conditions of Sale of Tourist Package.

2. Applications of the present Terms of Use

These Terms of Use (hereafter referred to as the "Terms of Use") together with our Privacy Policy (hereafter referred to as the "Privacy Policy") and Cookie Policy (hereafter referred to as the "Cookie Policy") apply to any use of the Website. Users of the Website may use it only on the condition that they have read and understood the Privacy Policy, the Cookie Policy, and have accepted the Terms of Use. Any further use of the Web Site or any part thereof by a User will result in acceptance of the Terms of Use, Privacy Policy and Cookie Policy and, therefore, agreement to be bound by them.

3. No offer

Except in the performance of tour operating activities, the information on this Website is intended for informational purposes only. Such information does not constitute a binding offer to Esperi.it. Binding agreements concerning the Tourist Services available on the Website require a booking request through Esperi.it and acceptance of the booking request by DC 4travel S.R.L. on behalf of the Provider under Section III General Terms and Conditions of DC 4travel S.R.L..

4. No guarantee

DC 4travel S.R.L. endeavors to ensure the accuracy of the information provided on or through the Web Site. Nevertheless, it makes no warranties, either express or implied, as to the accuracy, completeness, currency, reliability or fitness for any purpose, of such information or with respect to anything else (including information of any kind provided by third parties). DC 4travel S.R.L. may at any time, and solely at its discretion, modify, add or remove information on the Web Site or change its structure or functionality, and this without giving any particular notice of such change, without removing any information that is no longer current and without highlighting such information as no longer current. DC 4travel S.R.L. may also block Users from accessing the Web Site or certain parts thereof, or allow access only under certain conditions. DC 4travel S.R.L. makes no warranty, express or implied, regarding the availability of the Web Site or its functionality, that the Web Site is free of defects or that it and the infrastructure on which it relies are free of viruses or other harmful software. Furthermore, DC 4travel S.R.L. does not guarantee about any alterations for technical defects by unauthorized third parties related to the information available on the Website.

5. Limitations of liability

DC 4travel S.R.L. excludes its own liability, and that of its independent contractors, Reseller as well as its representatives and employee collaborators for damages related to Users' access (or inability to access) the Website, or for any error or omission in the use of the Website, regardless of the legal basis for such liability, with the exception of liability for damages caused with intent and gross negligence to the extent provided by applicable law. The limitations of liability shall not apply within the scope of the warranties given, in the case of damage to life, limb, or health of a person, or in the case of claims based on product liability.

6. Third parties and links to other websites

DC 4travel S.R.L. is not responsible for the content provided by third parties (including all bookable activities and information related to those activities) that may be available through the Web Site, as well as content linked or related to the Web Site or from the Web Site to other websites.

DC 4travel S.R.L. does not recommend or endorse such content and shall have no liability relating thereto. In the event of links from the DC 4travel S.R.L. Web Site to third parties, Users will use such Web sites at their own risk. Users are advised to review the policies of such websites and check how they handle personal data.

If Users believe that there is illegal content on the Website, please send an e-mail to the following address: support@Esperi.it.

7. Intellectual property rights

In the relationship between Users and DC 4travel S.R.L., the Web Site is and will be protected by copyright and/or other intellectual property rights (including rights of protection granted by unfair competition laws). Users will not acquire any rights relating to the Web Site or names, trade names and/or distinctive signs of any kind (including trademarks) posted on the Web Site. They will be able to access and view the Web Site, however, they will not be able to incorporate it into other websites and copy, present, license, publish, download, upload, post or make it perceptible in any way without the prior written permission of DC 4travel S.R.L..

8. Changes to the General Conditions of Use

DC 4travel S.R.L. may amend these General Terms and Conditions of Use at any time and with immediate effect. In the event of changes made by DC 4travel S.R.L., the same shall apply as of the date of their publication on the Website. Any use of the Platform subsequent to a modification is equivalent to the Users' consent to the same modification.

You are advised to consult this section regularly in order to ensure that you have the latest and applicable version.

9. Applicable law and jurisdiction

The law governing the Terms of Use is Italian law. They have been drafted in the Italian language. The authentic and official version is that in the Italian language.

Any dispute arising out of the application and/or interpretation of these Terms of Use shall be devolved to the exclusive jurisdiction of the Court of Sassari.

10. Netiquette

It is a pre-condition for the use of Esperi.it that the following rules of behavior are observed.

COMMENTS, LANGUAGE TO BE USED - MATERIALS

In the use of Esperi.it, obscene, indecent, offensive, profane, disparaging or defamatory language, expressions of bigotry, racism, hatred, irreverence shall not be used.

It is forbidden to place on Esperi.it unauthorized advertising, information and material that is illicit or defamatory discrediting, that may infringe the rights of third parties, that is the property of third parties and for which authorization has not been obtained, that may invade the privacy of any person, that encourages criminal conduct, that may give rise to civil or criminal liability, and that is otherwise contrary to any current legislation.

II. GENERAL TERMS AND CONDITIONS OF DC 4TRAVEL S.R.L

1. Introduction

1.1 These conditions apply to Users with respect to the online offer through the Platform.

1.2 DC 4travel S.R.L. P.IVA: 01771110622, Registered Office in Amorosi, Via San Nicola n.7, owner of the online travel agency ESPERI TRAVEL registered with the Regional Register of Travel Agencies and Tourism of Campania, owner of the Platform, carries out intermediation activities by making available to Users and Providers of Tourist Services its booking facilities. On Esperi.it, Users have the opportunity to search and book Tourist Services with destination Campania. Online offerings include guided excursions, cooking classes, bus tours, boat trips, entrance fees and tourist attractions and other Tourist Services. The offerings are put online by local Providers with whom the respective contract concerning the Tourist Services (hereinafter referred to as "Service Agreement") is concluded. The Services offered by the Provider can be accessed and booked through the Platform.

1.3 DC 4travel S.R.L. is available to both consumers and businesses. For the purposes of these General Terms and Conditions, the following are defined as: 

(a) "Consumer" means a natural person who has entered into contracts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (art. 3, lett. a Legislative Decree 2005 No. 206 "Consumer Code"); 

b) "Enterprise" a natural or legal person who has entered into contracts as part of its entrepreneurial economic activity (art. 2802 C.C.) 

c) "User" means a natural person unless the same person is expressly registered on Esperi.it as a legal person. The actions and omissions that occur during the registration of a legal person are attributed to a natural person unless they are performed within the scope of a power of attorney for the legal person. It should be noted that the "User" also includes users referred by Resellers.

2. Object of Section II of the General Terms and Conditions

These General Terms and Conditions apply to any use of the Platform. The contractual relationship between the User and DC 4travel S.R.L. in general comprises exclusively the management of the request for booking of the Tourist Service and the confirmation thereof on behalf of the respective Provider as well as the management of payments related to said bookings. When performing the activity described by this Section II of the General Terms and Conditions, DC 4travel S.R.L. does not act as an organizer, seller, reseller or other contractual party with respect to the Service Agreement with the User. 

Accordingly, this Section II, together with Section III of the General Terms and Conditions of Contract, applies to the activity of managing the request for booking of the Tourist Service and its confirmation on behalf of the respective Provider as well as to the management of payments related to such bookings even if the bookings are made on the Platform through Resellers.

3. Subscription

3.1 In general, use of the Platform can be carried out anonymously.

3.2 Following the selection of a Service offered through the Platform, in order to complete the booking and purchase process, you must proceed to register and create an account (hereinafter "User Account"). You can register by logging in to the Site with your Facebook social network account. Registration with Esperi.it is concluded by sending confidential login credentials (username and password) to the email address specified by the User. Individuals must be at least 18 years old to register. The creation of multiple User Accounts for the same natural or legal person is not permitted. The User Account is not transferable. The User during registration is obliged to (i) provide truthful data and keep them constantly updated; (ii) diligently guard their User ID and Password and prevent their use by unauthorized third parties; (iii) promptly inform DC 4travel S.R.L. if third parties become aware of the credentials or use them unduly.

3.3 Esperi.it has the right not to activate or suspend the User Account whenever it deems, in its sole discretion, that a prejudice for Esperi.it or third parties may result from the conduct of the User.

4. Services of DC 4travel S.R.L. - conclusion of the contract

4.1 After the User enters the desired parameters on the Platform (e.g. type of excursion, date and time of departure, number of participants etc..), DC 4travel S.R.L. will show the User information about the Provider's services (hereinafter "Service Information"). Based on this Information, verified on the online calendar that the chosen Service is available, the User will be able to make the reservation. The User will be able to view all the reservations made by accessing the reserved area. Esperi.it reserves the right to cancel bookings that appear concluded in the presence of obvious technical errors attributable to the operation of the Site (e.g. bookings for Services at an excessively low price compared to the standards of similar services). In such cases Esperi.it will promptly notify the cancellation to the User, by e-mail to the address provided during registration and will provide a full refund of the price paid by the same. For further information on bookings please refer to Section III - General Terms and Conditions of the Tourist Services Provider. DC 4travel S.R.L. will deliver to the User, by email to the address specified during registration, a voucher containing the confirmation of the reservation, which must be kept and/or printed and shown to the Provider at the time of the provision of the Service by means of a smartphone or in hard copy. In case of no-show, the Service cannot be provided and the User will not be entitled to any refund.

4.2 The use of the Platform is itself essentially free of charge to the User. The costs of technical access to the Platform (e.g. internet access) shall be borne by the User. DC 4travel S.R.L. is authorized to collect the invoiced amount on behalf of the Provider.

4.3 DC 4travel S.R.L. does not guarantee either the correctness of the data provided or the performance of the services by the Provider as all information indicated and forwarded is based on data from providers or third parties and cannot be verified in detail by DC 4travel S.R.L..

5. Payments on Esperi.it

5.1 The price paid by the User for the Provider's Services is as stated in the relevant advertisement posted on the Website.

5.2 DC 4travel S.R.L. is authorized to collect the invoiced amounts on behalf of the Provider; payments may be made: 

(a) by bank transfer: in this case, following the choice of payment instrument, the system will automatically send an e-mail containing instructions for completing the purchase process; following the registration of the payment made, the system will generate a second confirmation e-mail containing the booking voucher for the purchased Service and a third e-mail containing the electronic invoice in PDF format. The mode of payment by bank transfer will not be accepted for purchases made 5 working days before the provision of the Service itself;

(b) online, through the electronic money payment system offered on the Site: in this case, the system will send a first confirmation email containing the booking voucher and a second email containing the electronic invoice in PDF format; this payment system uses security protocols able to guarantee the privacy and reliability of financial transactions and the information will never be stored, not even in temporary form, on the Site and will be used exclusively to finalize the purchase transaction, any refund, if necessary, or to report to law enforcement agencies of any fraud committed on the Site. Any problems referring to the payment system may be contested exclusively to the operator of the payment platform (e.g. PayPal) and not to Esperi.it directly.

5.3 By authorizing the payment, the User consents to the use of his payment data for collection by the creditor.

6.Duties and obligations of the User

6.1 The User shall keep his/her registration data (login and password) secret and not allow third parties to access the Platform using his/her registration data. The User is responsible for the use, in any form, of his/her User Account on the Platform.

6.2 The User is obliged to carefully read the advertisement regarding the Service and/or Package he/she intends to choose before sending a booking request to DC 4travel S.R.L..

6.3 The User shall release DC 4travel S.R.L. from any claims raised by third parties and based on his/her use of the Platform.

7. Availability and Warranty

7.1 There is no warranty as to the availability, quality and features of the Service or technical support for use of the Platform. DC 4travel S.R.L. may redesign, limit or suspend its online portal at any time and at its sole discretion. In such case, existing agreements between the User and the Provider, as well as the performance of such agreements will remain unaffected. 

7.2 DC 4travel S.R.L. is not responsible for the accuracy or completeness of data made available by third parties. 

7.3 DC 4travel S.R.L. is not responsible for services provided by Suppliers.

8. Responsibilities of DC 4travel S.R.L.

8.1 If DC 4travel S.R.L. has not assumed any contractual obligations arising from an explicit agreement with the User, it is not responsible for the fulfillment of obligations arising from the corresponding Service Agreements with Providers in accordance with the booking request via the Platform. Without an explicit agreement or guarantee, DC 4travel S.R.L. is not liable for defects in the provision of the Service and/or for material damage or personal injury suffered by the User, in connection with the Service provided and/or concerning the same, except in the case of the provision of Tourist Services in the context of the activity of a Tour Operator for which Section IV of the General Terms and Conditions (Tour Operator) - General Terms and Conditions of Sale of Tourist Package below applies.

8.2 The liability of DC 4travel S.R.L. for negligent breach of obligations regarding the intermediation of contracts remains unaffected.

9. Termination

The User may cancel their registration from the Platform at any time by locking their User Account.

DC 4travel S.R.L. may cancel a registration, unilaterally, with one week's notice.

All obligations previously arising shall remain unaffected.

10. User Support

DC 4travel S.R.L. guarantees assistance to Users for any pre-purchase and post-purchase information and/or support through the live chat service published on the Site or by e-mail address booking@Esperi.it.

For general information, on the other hand, Esperi.it provides its assistance through the e-mail address: support@Esperi.it.

11. Information pursuant to the Code on the Processing of Personal Data (Legislative Decree No. 196 of June 30, 2003 and subsequent amendments)

Esperi.it, as the Data Controller, collects data for the provision of the services and activities indicated in the Conditions of Use 

1. Source of personal data: The personal data available to Esperi.it will be used exclusively for the fulfillment of the requested service and activities.

2. Sensitive data: the consent that Esperi.it requests does not concern sensitive data.

3. Purposes of data processing: 

(i) the provision of personal data is necessary to realize the services and activities indicated in the Conditions of Use. Failure to provide it does not allow Esperi.it to be able to carry out the services and activities necessary for the purchase and sale of the Service.

(ii) if you want you can consent to the specific option to send newsletters (promotional communications and commercial information) about products, services and activities of Esperi.it through the use of communication systems (e-mail, sms, regular mail.

4. Methods of data processing: the processing of personal data is carried out manually and with electronic tools, with logic strictly related to the purposes indicated above and, in any case, in such a way as to ensure the security and confidentiality of the data.

5. Subjects to whom the data may be communicated: Esperi.it may communicate the personal data conferred to the following categories of subjects: companies that perform document archiving services; auditing and balance sheet certification companies and, in general, all subjects that carry out professional assistance and consultancy activities in favor of Esperi.it, to the Seller in order to allow the possible issuance of tax documentation related to the sale. The subjects belonging to the above categories, to whom the data may be communicated, will use the data as "holders" in full autonomy.

6. Rights under Art. 7 of the Code regarding the protection of personal data: the Seller and the Buyer shall have the right to obtain from Esperi. it the confirmation of the existence or not of personal data concerning them, the indication of the origin of the personal data, the purposes and methods of processing, as well as the subjects or categories of subjects to whom the personal data may be communicated or who may come to know them in their capacity as managers or appointees; the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, as well as the updating , rectification, or if requested, the integration of data.

12. Modification of these General Terms and Conditions

DC 4travel S.R.L. reserves the right to modify these General Terms and Conditions at any time without any obligation to state the reason. Any changes will affect only the User who, therefore, must explicitly consent. The amended Conditions will be sent to the User by e-mail no later than two weeks before they become effective. If the User does not reject the changes to the General Terms and Conditions within two weeks of receipt of the e-mail, they shall be deemed accepted. This deadline will be highlighted with the e-mail containing the changes to the General Terms and Conditions.

13. Additional provisions

13.1 These General Terms and Conditions constitute the sole agreement concluded between DC 4travel S.R.L. and the User. 

13.2 The invalidity of one or more of the clauses contained in these General Terms and Conditions shall not affect the remaining clauses, if one or more of such clauses is declared invalid by a final decision, decree or judgment, this agreement shall be construed as if such invalid clause or point had not been included in it.

III. GENERAL TERMS AND CONDITIONS OF THE TOURIST SERVICE PROVIDER

1. Introduction

Part III of these General Terms and Conditions applies to all Service Agreements concluded between Providers and Users via the Platform. This also applies in cases where access to the Platform is made through a Reseller.

2. True indications

Information transmitted via the Platform must be vitriolic. The Provider reserves the right to withdraw from the contract, or to exclude Users from participation in the service and to claim compensation for cancellation costs following item 9 of this Section III of the General Terms and Conditions of Contract for Tourism Service Providers, in the event of incorrect indications by the User.

3. Arrival at meeting point and compliance with conditions

Users are responsible for arriving on time at the communicated meeting point, and in case of travel for the chosen activity departing from abroad, it is the User's responsibility to bring the necessary travel documents (passports, etc.) and comply with the relevant legal regulations (e.g. health regulations, etc.).

4. Additional Contractual Conditions

If the Provider in a Service Agreement concluded with the Users adds to this Section III of the General Contractual Conditions of the Tourist Services Provider additional conditions regarding participation and transportation or other conditions, the Users are responsible for complying with these additional conditions. The Provider reserves the right to exclude Users from the activity in case of non-compliance with these conditions.

5. Booking

The Service Agreement entered into between the User and the Provider is finalized with the acceptance of the online reservation on the Platform by DC 4travel S.R.L. on behalf of the respective Provider. Users will receive a booking confirmation voucher by e-mail, which they must keep and present when the Service is provided on smartphone or hard copy.

6. Payments

The total agreed price for the Service made available is due at the time the contract is concluded.

7. Insurance

The price of the Service published on the Platform does not include insurance costs except where explicitly stated in the Service tab.

8. Guidelines for changes and cancellations of reservations

8.1 The User, up to two days before the provision of the booked Service, will have the opportunity to request a change in the date of provision of the Service, subject to availability check and upon payment of any price difference.

8.2 Except in cases where the Provider applies different cancellation policies, the User will have the option to cancel the reservation made within no. 2 business days prior to the provision of the Service by freely withdrawing from this contract, and the right to receive a full refund of the amounts paid. The refund will be made using the same method of payment. 

8.3 If the User cancels the reservation 1 day before the agreed date for the provision of the Service or in the event of a "no show," the User shall not be entitled to any refund

All cancellations and/or changes subsequent to the reservation made must be communicated by e-mail to booking@Esperi.it indicating the reservation reference in the confirmation e-mail.

9. Cancellation due to force majeure

The Provider shall have the option to cancel the provision of the Service on the agreed date without prior notice in the event that force majeure events (extraordinary event, airport closure, serious illness, disaster, fire, military action, civil war, etc.) make the performance of the activity impossible or make it significantly more difficult or put it at risk. In such cases, the price paid by the User will be refunded.

10. Exclusion from participation

The Provider will have the option of preventing Users from joining an activity or excluding them from an activity if they do not meet the personal requirements for participation.

11. Program Changes

In addition, the Provider reserves the right to make non-essential program changes where necessary for unforeseeable or unavoidable reasons.

12. Additional Conditions

Additional or different conditions may be contained in the booking confirmation vouchers.

13. Supplier's Liability

The Supplier is responsible for its services under applicable law. 

14. Modification of these General Terms and Conditions

This Section III of the General Contractual Terms and Conditions of the Tourist Services Provider may be modified, at any time and without notice, for future bookings. In such case, for bookings already made, the respective terms and conditions applied by the individual Provider for each individual booking shall apply.

IV.GENERAL TERMS AND CONDITIONS (TOUR OPERATOR) - GENERAL TERMS AND CONDITIONS OF SALE OF PACKAGE TOUR