Terms of Service
Terms of Service
By accessing or using the Visit Italy platform (“Platform”), you agree to comply with and be bound by these Terms of Service (“Terms”).
These Terms constitute a legally binding agreement ("Agreement" or “Terms”) between you and Visit Italy (as defined below) governing your access to and use of the Visit Italy website ("Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services. The Site, Application and Visit Italy Services together are hereinafter collectively referred to as the “Platform”.
When these Terms mention “Visit Italy,” “we,” “us,” or “our,” it refers to Visit Italy, an Italian based company, with VAT number 08368951219 and registered address at Via Filippo Argelati, 10, 20143 Milano.
Our collection and use of personal information in connection with your access to and use of the Visit Italy Platform is described in our Privacy Policy.
Users alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Visit Italy Services (as defined below). If you have questions about how local laws apply to your Visit Italy Services on Visit Italy Platform, you should always seek legal guidance.
1. Introduction
1.1 Welcome to Visit Italy (“we,” “our,” “us”). These Terms govern your use of our services, including the purchase of tour packages, trips, and access to museums (collectively the “Services”). By using our Services, you agree to these Terms.
1.2 At Visit Italy we provide a range of services, including tour packages, trips, access to museums, passes to attractions, and transportation services. Our Platform offers a convenient way to explore and enjoy various activities, ensuring a memorable experience. Once you purchase our Services, you will be able to access them through our app available for both iOS and Android devices.
2. Definitions
2.1 “Platform” refers to our Site, Application, Visit Italy, or any other online service through which our Services are provided.
2.2 “User” or “Member” refers to any individual who uses our Platform.
2.3 “Supplier” refers to any third-party provider of activities or services available through our Platform.
2.4 “Booking” refers to the reservation of an activity or service made through our Platform.
2.5 “Content” refers to any information, text, graphics, photos, or other materials uploaded to, or appearing on, the Platform.
3. Scope of Services
3.1 We provide an online platform for booking various activities, including guided tours, museum entries, and more. We act as an intermediary between you and local providers (“Suppliers”) of these activities.
3.2 As the provider of the Visit Italy Platform, Visit Italy does not own, create, provide, control, manage, deliver, or supply any tour packages, trips, access to museums, passes to attractions, and transportation services, nor is Visit Italy an organizer or retailer of travel packages under Directive (EU) 2015/2302. Suppliers alone are responsible for their services (“Supplier services”). When Users make or accept a booking, they are entering into a contract directly with the Supplier. Visit Italy is not and does not become a party to or other participant in any contractual relationship between the User and the Supplier.
3.3 You acknowledge and agree that by using the Platform you acknowledge that through this Platform, Visit Italy provides the Services which are owned, controlled and technically and materially offered by the Suppliers, as well as mediation services which enable Users to actually purchase travel services in accordance with their preferences and choices. A purchase on this Platform means that you make an order to Visit Italy to acquire services from third parties for you such as transportation services or tour packages from a Supplier, which implies a payment obligation. When you purchase Supplier services through this Platform, You will enter into two agreements: (a) one agreement between you and the Supplier(s) relating to the provision of the Supplier services and (b) one agreement between you and Visit Italy relating to the provision of a mediation service. Unless expressly indicated, Visit Italy acts as an Agent for you and does not enter into any contractual relationship with You and/or the Supplier relating to the services that You purchase on this Platform
3.4 Visit Italy has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Supplier services, (ii) the truth or accuracy of any Supplier service descriptions, ratings, reviews, or Supplier’s content or (iii) the performance or conduct of any Supplier or third party.
3.5 The Visit Italy Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Visit Italy is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Visit Italy of such Third-Party Services.
3.6 Due to the nature of the Internet, Visit Italy cannot guarantee the continuous and uninterrupted availability and accessibility of the Visit Italy Platform. Visit Italy may restrict the availability of the Visit Italy Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Visit Italy Platform. Visit Italy may improve, enhance and modify the Visit Italy Platform and introduce new Visit Italy Services from time to time.
4. Use of the Platform
4.1 You must be at least 18 years old to use our platform.
4.2 Your use of our platform must comply with these Terms and applicable laws.
4.3 You agree not to resell or use our Services for commercial purposes without our express written consent.
5. Modification of these Terms
5.1 Visit Italy reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Visit Italy Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Visit Italy Platform will constitute acceptance of the revised Terms.
6. Account Registration
6.1 You must register an account ("Visit Italy Account") to access and use certain features of the Visit Italy Platform. If you are registering a Visit Italy Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
6.2 You can register a Visit Italy Account using an email address and creating a password.
6.3 You must provide accurate, current and complete information during the registration process and keep your Visit Italy Account and public Visit Italy Account profile page information up-to-date at all times.
6.4 You are responsible for maintaining the confidentiality and security of your Visit Italy account credentials and may not disclose your credentials to any third party. You must immediately notify Visit Italy if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Visit Italy Account. You are liable for any and all activities conducted through your Visit Italy Account, unless such activities are not authorized by you, and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
7. Content
7.1 Visit Italy may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Visit Italy Platform ("Member Content"); and (ii) access and view Member Content and any content that Visit Italy itself makes available on or through the Visit Italy Platform, including proprietary Visit Italy content and any content licensed or authorized for use by or through Visit Italy from a third party ("Visit Italy Content" and together with Member Content, "Collective Content").
7.2 The Visit Italy Platform, Visit Italy Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Italy and other countries. You acknowledge and agree that the Visit Italy Platform and Visit Italy Content, including all associated intellectual property rights, are the exclusive property of Visit Italy and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Visit Italy Platform, Visit Italy Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Visit Italy used on or in connection with the Visit Italy Platform and Visit Italy Content are trademarks or registered trademarks of Visit Italy in Italy and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Visit Italy Platform, Visit Italy Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
7.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Visit Italy Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Visit Italy or its licensors, except for the licenses and rights expressly granted in these Terms.
7.4 Subject to your compliance with these Terms, Visit Italy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Visit Italy Platform and accessible to you, solely for your personal and non-commercial use.
7.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Visit Italy Platform, you grant to Visit Italy a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Visit Italy Platform, in any media or platform. Insofar as Member Content includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Visit Italy does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
7.6 You are solely responsible for all Member Content that you make available on or through the Visit Italy Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Visit Italy Platform or you have all rights, licenses, consents and releases that are necessary to grant to Visit Italy the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Visit Italy's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Visit Italy’s Terms or any other Visit Italy policy. Visit Italy may, without prior notice, remove or disable access to any Member Content that Visit Italy finds to be in violation of applicable law, these Terms or Visit Italy’s then-current policies, or otherwise may be harmful or objectionable to Visit Italy, its Members, third parties, or property.
7.8 Visit Italy respects copyright law and expects its Members to do the same. If you believe that any content on the Visit Italy Platform infringes copyrights you own, please notify us.
8. Booking and Payment
8.1 Prices for activities are listed on our platform and are subject to change.
8.2 Full payment is required at the time of booking unless otherwise specified.
8.3 We accept various payment methods, and you agree to provide accurate payment information. You can only use the payment methods as listed on the Platform. No other payment methods are accepted by Visit Italy.
8.4 All prices which are mentioned to You on our Platform are including VAT (if due at all).
8.5 For security reasons, you will be requested to enter your credit or debit card information each time you make an order. In all cases, your payment details will be encrypted in a secure server, according to PCI standards.
8.6 Visit Italy will also charge You with additional fees for using certain payment methods as stated by the applicable laws, i.e. if you use a corporate card or a tripartite system (American Express or Diners). Please note that our systems automatically detect the payment method which is used by you and the corresponding additional fees are charged, if any. Please, note that, if you pay with a credit or debit card which is held by another person than you, we will assume that you have previously requested the permission of the card holder. Visit Italy reserves the right to send confirmations, e-vouchers and other travel documents exclusively to the card holder.
9. Changes and Cancellations
9.1 Cancellations and changes must be made in accordance with the specific Supplier’s terms.
9.2 Refunds will be processed according to the Supplier’s policies.
9.3 We reserve the right to cancel bookings in case of unforeseen circumstances, with a full refund provided.
10. Right of withdrawal
10.1 If you are a consumer, that is if you are a natural person who is acting for purposes which are outside your trade, business, craft or profession, and your habitual residency is in the European Economic Area, you generally have a statutory right of withdrawal in accordance with the following withdrawal information. Notwithstanding the foregoing, the right of withdrawal is excluded by law under certain circumstances, so that you may not have a right of withdrawal for your specific contract. You have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire the service, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
10.2 Under Article 59 of the Italian Consumer Code, the right of withdrawal is excluded by law in the case of distance contracts for the provision of leisure activities if the contract provides for a specific date or period of performance. This includes date or time-bound "Tours" of various kinds, "(Multiple) Day Trips", "Entrance Tickets", "Guided Tours", "Water Activities", "Adventures", "Other Experiences" and "Combination Offers" arranged by Visit Italy.
11. Term and Termination, Suspension and other Measures
11.1 Without limiting our rights specified below, Visit Italy may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
11.2 Visit Italy may immediately, without notice, terminate this Agreement and/or stop providing access to the Visit Italy Platform if (i) you have materially breached your obligations under these Terms (ii) you have violated applicable laws, regulations or third party rights, or (iii) Visit Italy believes in good faith that such action is reasonably necessary to protect the personal safety or property of Visit Italy, its Members, or third parties (for example in the case of fraudulent behavior of a User).
11.3 In addition, Visit Italy may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Visit Italy Account registration, (iv) you have repeatedly received poor ratings or reviews or Visit Italy otherwise becomes aware of or has received complaints about your performance or conduct, (v) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vi) Visit Italy believes in good faith that such action is reasonably necessary to protect the personal safety or property of Visit Italy, its Users, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any rating, review or content;
cancel any pending or confirmed bookings;
limit your access to or use of the Visit Italy Platform;
temporarily or permanently revoke any special status associated with your Visit Italy account;
temporarily or in case of severe or repeated offenses permanently suspend your Visit Italy Account and stop providing access to the Visit Italy Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Visit Italy and an opportunity to resolve the issue to Visit Italy' reasonable satisfaction.
11.4 If we take any of the measures described above you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
11.5 When this Agreement has been terminated, you are not entitled to a restoration of your Visit Italy Account or your User Content. If your access to or use of the Visit Italy Platform has been limited or your Visit Italy Account has been suspended or this Agreement has been terminated by us, you may not register a new Visit Italy Account or access and use the Visit Italy Platform through a Visit Italy Account of another User.
11.6 You may unilaterally terminate your Agreement at any time by giving us thirty (30) days' notice via email to your registered email address.
12. Responsibilities and Conduct
12.1 You must follow all instructions provided by the Supplier during the activity.
12.2 You are responsible for having the necessary documents (e.g., visas, identification) for the activity.
12.3 We and our Suppliers reserve the right to remove any participant whose behavior is deemed disruptive or unsafe.
13. Limitation of Liability
13.1 Our liability is limited to the amount paid for the activity.
13.2 We are not liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, business interruption, or loss of data.
13.3 We are not responsible for the actions, errors, omissions, or negligence of Suppliers. You acknowledge that the activities may involve inherent risks and you agree to participate at your own risk.
14. Intellectual Property
14.1 All content on our platform, including text, graphics, logos, and images, is our property or the property of our licensors and is protected by intellectual property laws.
14.2 You may not use, reproduce, or distribute any content from our platform without our prior written permission.
14.3 Any feedback or suggestions you provide regarding our services may be used by us without any obligation to compensate you.
15. Reviews and User Content
15.1 You may submit reviews and other content to our Platform.
15.2 You must ensure that your content does not violate any laws or third-party rights.
16. Privacy Policy
16.1 We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
17. Disclaimers
17.1 If you choose to use the Visit Italy Platform or Collective Content, you do so voluntarily and at your sole risk. The Visit Italy Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
17.2 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
17.3 You agree that some Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Supplier Services. You assume full responsibility for the choices you make before, during and after your participation in a Supplier Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Supplier Service and to the maximum extent permitted by law, you agree to release and hold harmless Visit Italy from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Supplier Service or in any way related to your Host Service.
17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
18. Indemnification
18.1 To the maximum extent permitted by applicable law, you agree to release, defend (at Visit Italy’ option), indemnify, and hold Visit Italy and its affiliates and subsidiaries, including but not limited to, Visit Italy, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies, (ii) your improper use of the Visit Italy Platform or any Visit Italy Services, (iii) your interaction with any User participation in Supplier services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
19. Governing Law and Jurisdiction
19.1 Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Terms and any non-contractual disputes/claims arising out of or in connection with them are subject to the laws of Italy without regard to choice or conflicts of law principles.
19.2 Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, you and Visit Italy agree to the exclusive jurisdiction of the courts of Naples to resolve any dispute, claim, or controversy that arises in connection with the Term and any non-contractual disputes/claims arising out of or in connection with them.
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Visit Italy and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Visit Italy and you in relation to the access to and use of the Visit Italy Platform.
20.2 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.3 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.4 Visit Italy failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.5 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Visit Italy' prior written consent. Visit Italy may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.