Intermediation of tourist services
Pamela Moliterno, in her capacity as owner of the sole proprietorship “Puglia Experiences”
with registered office in Biagio Carone 12, 70044 – Polignano a mare (BA), P.I. 07839910721, C.F. MLTPML82A51F376S, registered in the companies register of Bari, REA: Ba – under number586077, Tel: +39 39 3403090351, E-mail: firstname.lastname@example.org (the “Intermediary”).
Puglia Experiences is an online platform dedicated to the intermediation of experiences related to the Apulian territory and culture, with the domain ‘puglia-experiences.com’ owned by Pamela Moliterno (the ‘Site’).
The present terms and conditions (“General Conditions”) integrate the contractual discipline relating to each booking made by the user (“User”) of the experiences indicated on the Site (the “Experiences”).
The intermediation of tourist services is governed by Legislative Decree No. 79 of 23 May 2011 (“Tourism Code”) as amended, in particular as amended by Legislative Decree No. 62 of 21 May 2018 in transposition and implementation of EU Directive 2015/2302, as well as by the provisions of the Civil Code in particular with regard to the mandate contract.
The application of Arts. 32-51 novies of the Tourism Code is excluded for packages and related tourist services whose duration is less than 24 hours, unless an overnight stay is included (Art. 32 paragraph 2, l. A of the Tourism Code), in which case the regulations set out in Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) shall apply (Art. 32 paragraph 2 of the Tourism Code).
The relationship between the User and the Intermediary is framed in the contract of mandate. The Intermediary does not directly take on the management of the services requested by the User, but carries out an activity of external cooperation that ends with the
assignment to conclude in the name and on behalf of the User the necessary contracts with third parties for the provision of the Experiences.
The Intermediary is only responsible for the obligations arising from his quality of agent, who shall carry out the assignment given to him by the User with “the diligence of a good family man” pursuant to Art. 1710 of the Civil Code, the contractual relationship between the User and the third party providers of the Experiences remaining extraneous to him.
The Experiences contained on the Site are selected, edited and ordered by the Intermediary on the basis of the information provided by third parties, for which purpose the Intermediary shall not be liable for their accuracy and precision.
The Experiences on the Site do not constitute an offer to the public, but represent an invitation addressed to the User, who by proceeding with the booking will grant the mandate to proceed in his/her name and on his/her behalf to book the chosen experience with third parties.
Submission of the Reservation shall constitute a declaration by the User that he/she is of age and that his/her physical, mental and aptitude conditions allow him/her to carry out the chosen Experience, as the Intermediary cannot verify these characteristics.
Reservations are subject to confirmation, which will be sent to the User by email.
Remuneration and Payment
The Intermediary’s Fee is indicated on the Site, together with the price of the Experience, in euros and inclusive of VAT.
Payment can be made by the User on-line, by credit, debit and prepaid cards enabled for on-line payments of the MasterCard, Visa, American Express.
Withdrawal and Assignment
The right of withdrawal or repentance provided for by the Consumer Code on the rules protecting consumers in the case of contracts negotiated away from business premises or concluded at a distance is excluded by Art. 59 letter n., since the Experiences are configurable as leisure activities having a specific date.
The right of withdrawal is, however, granted with a variable compensation in relation to the time of notice in connection with the date of the booked Experience.
The compensation will be equal:
100% if exercised within 45 days at the latest;
70% if exercised within 30 days at the latest;
50% if exercised within 10 days at the latest.
There shall be no indemnity in the event of exercising the cancellation with less than 10 days’ notice, without prejudice to the User’s right to transfer the Reservation to a third party after notifying the Intermediary.
With regard to contracts concluded under these General Terms and Conditions, the User may bring any complaints to the attention of the
Intermediary by sending an e-mail to email@example.com.
Any amendments to these General Terms and Conditions shall be effective from the time of their publication on the Site and shall apply to mandates given after publication.
Out-of-court online dispute resolution
The User may access the European Commission’s Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. The European Online Dispute Resolution (ODR) platform is made available by the European Commission to attempt to resolve disputes amicably without going to court.
Place of Jurisdiction
Any dispute arising in connection with the application, interpretation and execution of these General
Terms and Conditions shall be submitted to the courts of the place of residence or domicile of the User if located in the territory of the State.