GENERAL TERMS AND CONDITIONS OF USE OF THE BIZAWAY PLATFORM
1.1 BizAway is a company that has developed a Platform (as defined below) for consulting booking databases (including assistance, if necessary) and for accounting of travel services offered by third party Providers (as defined below) under this agreement.
1.2 The following terms and conditions - and their subsequent modifications - apply to all agreements with Customers (as defined below) who intend to use the Platform and the services available online through the latter, directly or indirectly (through distributors), via any mobile device, by email or phone.
1.3 The registration in the Platform is achieved by subscribing to an Offer (as defined below) and allows access and use of all the available functionalities, within the limits of the T&C (as defined below).
2.1 Terms that are capitalized have the following meaning:
2.1.1 “BizAway” refers to the company BizAway S.r.l., with registered office in Corte Europa, 8, Spilimbergo (PN) 33097 - Italy, P. IVA IT-01775640939, manager of the Platform and intermediary between the Customer and the Provider, responsible for transmitting the details of each Booking to the Provider and sending (on behalf of the Provider) the emails of each Booking to the Customers.
2.1.2 “AC” means the additional costs the Customer owes to BizAway to enjoy of Platform services.
2.1.3 “Customers” refers to the people - whether employees, managers, officers, collaborators, etc. - authorized by the Customer to use the Services and the Platform and on whose behalf the Vouchers are issued after making the Bookings.
2.1.4 “Consumption” refers to the value of the Bookings held within the reference month.
2.1.5 “FMF” means the lump-sum monthly fee to be paid by the Customer to enjoy the License.
2.1.6 “Customer Account” refers to the eventual deposit account constituted by the Customer, within 10 calendar days after acceptance of the Offer, by means of a transfer to BizAway’s current account, as indicated in the Offer, from which BizAway will withdraw money to pay the Services and to charge the price of the Licenses, which will be adjusted in accordance with the Consumption. The balance of the Customer Account cannot be lower than 25% of the initial amount, otherwise, Licenses will be blocked and Bookings will not be possible except via the online payment, requested at the time of the Booking.
2.1.7 “Credentials” refers to the access credentials provided by BizAway to its Customers to access the Platform.
2.1.8 “Documentation” means all documents in connection with the Platform, License, Additional License, Services and Tickets, regardless of the form and medium in which they are made available to the Customer.
2.1.9 “VMF” means the variable monthly fee, equal to the percantage of the Net Saving stated in the Offer, that Customer owes to BizAway as consideration for the Bookings made during the previous month.
2.1.10 “License” means the license to enjoy the Platform services that BizAway makes available to the Customer against payment of the AC, FMF and VMF specified in the Offer.
2.1.11 “Offer” means the document summarizing the services included in the License that the Customer fills and signs in acceptance of all the terms contained therein.
2.1.12 “Platform” refers to the automated web platform (front end, back end, tools, etc.) and its corresponding application, whose access is subject to the subscription of at least one Base License, used by BizAway to allow Customers to view and book the Services of the Providers, manage Bookings, Vouchers, check payments and provide a periodic report of Consumption.
2.1.13 “Bookings” refers to the process of purchasing Services regularly concluded by Customers through the Platform. With the Bookings, the Customers establish a direct and binding contractual relationship with the Provider of that Service.
2.1.14 “Intellectual Property” refers to any right of BizAway regards the Platform and its contents, as well as any request, renewal, extension, reinstatement and restoration, as regulated by patents, copyright, author rights, industrial secrets, trademarks, unfair competition, privacy and any other legal protection of property rights, currently in force or applicable in the future, worldwide.
2.1.15 “Provider” refers to the services offered by the Providers (transport services, hospitality services, etc.) that can be consulted and purchased by the Customers through the Platform. Providers directly provide the details of the Services, and are solely responsible for updating rates, availability, information displayed on the Platform . The definition includes the Special Providers.
2.1.16 “Special Providers” refers to Providers the Custromer whom already entered with a Customer into a separate Agreement for the provision of Special Rates Services and that the Customer wish to be included into the Platform.
2.1.17 “Services” refers to the services offered by the Providers (transport services, hospitality services, etc.) that can be consulted and purchased by the Customers through the Platform. Providers directly provide the details of the Services, and are solely responsible for updating rates, availability, information displayed on the Platform and correct delivery of the Services.
2.1.18 “Special Rate Services” refers to Services rendered by Special Providers, booked through the Platform.
2.1.19 “Rates” refers to the cost of each Service. Unless otherwise indicated on the Platform or the Voucher, the Rates are: (1) in the case of Hotel Services, per accommodation, for the entire stay; (2) in the case of transportation services, per person or group. In any case, the Rates are subject to the validity indicated on the Voucher and include VAT and all other taxes (subject to changes in the exchange rate of the currency of these taxes). At the same time, the Platform can find cheaper rates for the same Service: these rates, offered by the Providers, imply restrictions and special conditions, such as cancellation or reimbursement, which must be carefully reviewed before each Booking. The definition includes the Special Rates.
2.1.20 “Special Rates” refers to the rates, agreed with the Special Providers for the provision of a Service, that the Customer wish to list into the Platform.
2.1.21 “T&C” refers to these terms and conditions of use of the Platform, including the documents mentioned therein, as well as any updates.
2.1.22 “Voucher” refers to legitimate documents, whether transport tickets, hotel bookings and other confirmations, issued by the Provider on behalf of the Customer after making a Booking.
2.2 All definitions will have the same meanings in both masculine and feminine, in singular or plural.
3. Purpose of the service
3.1 Through the Platform, Customers with a Base License subscription may consult the Services made available by the Provider and purchase them through the Platform.
3.2 As a mere intermediary, BizAway is not responsible for any errors, interruptions, failures, partial or improper performance of the Services. The Providers are solely responsible for the accuracy, completeness and correctness of the information published in the Platform, as well as for the provision of the Services.
4. Registration and access
4.1 Access and use of the Platform is only allowed to Customers with regular credentials. Credentials are obtained at the time of activation of a License.
4.2 Failure to comply with the T&C will result in temporary suspension of the account and temporary blocking of the Licenses. In the most serious cases, it may result in permanent exclusion from the Platform. Such measures are at the discretion of BizAway.
4.3 Access credentials (email address and password) are for the exclusive use of the Customer to whom they have been assigned and are limited to the Platform. Customers must keep their credentials secret. If Customers become aware of unauthorized access or suspect that their credentials have been stolen, they must immediately notify BizAway. Customers who fail to comply with their reporting obligations are responsible for any unauthorized use of their access credentials. Upon notification of abuse, BizAway will activate the password change process, temporarily suspending the account and releasing Customers from liability for inappropriate use of their Platform access credentials.
5.1 By making a Booking, the Customer unconditionally accepts the conditions of the Services offered by the Provider, including (as an example and not exhaustive) the cancellation, non-presentation and any other rules or additional conditions applicable to the Service, including the structure and context in which it is provided.
5.2 The general rules for cancellation and non-disclosure of each Service are communicated on the Platform by each Provider on the information pages of the Service, and remain visible (also in a summary or recapitulative form) during the Booking process, until the Voucher is sent.
5.3 For some Rates, no cancellations or changes are permitted. In the event of failure to submit a request, modification or cancellation, with the resultant non-availability - either total or in part - of the Service, the Provider may also charge the full amount, penalties or costs, e. g. tourist tax (if applicable). Before making a Booking, the Customer must carefully check the terms and conditions of use of the Service. Cancellation and payment conditions may vary depending on the type of Service. Additional conditions may apply to the Provider (e. g. age requirements, deposits, additional surcharges or cancellation conditions for groups, supplementary beds, free breakfast included, pets, accepted credit cards, etc.).
5.4 Delayed payment, incorrect collection of personal data or credit card details or insufficient balance on the Deposit Account may compromise the successful completion of a Booking and may result in a refusal to provide the Service and the inability to refund any advance payment (classified as non-refundable) unless the Provider itself agrees to make a refund or allow the Customer to use the Service by other means.
5.5 Bookings are visible in the Customer's personal area, which can also be accessed to check, modify or cancel a Booking (if possible) following the Platform’s guided procedure, and under the conditions set out in Article 5.3.
6.1 The Platform is accessible by purchasing a License. The cost of the License is not included in the cost of the Bookings, which means that neither Customer nor Providers will pay any commission on the price of the Services. The cost of each License varies according to the Customer's consumption and the payment method chosen, detailed in each Offer. The costs of each License are not included in the VAT.
6.2 The prices of the Services available on the Platform are highly competitive. All fare details are provided by the Provider prior to each Booking, they are updated in real time by the latter and are updated on the Vouchers issued upon completion of the Booking.
6.3 Each Provider may decide to charge additional taxes and penalties (including tourist or stay taxes) in addition to the indicated fees, for example, in case of no-presentation or cancellation of the Booking. Therefore, BizAway recommends Customers to review the terms and conditions of each Service before making a Booking.
6.4 The currency converter is for informational purposes only and it should not be considered an accurate, real-time operational indicator as rates might vary.
7.1 Licenses will be invoiced by BizAway on monthly basis and sent via e-mail, being however available into the relevant section of Customer's account.
7.2 Payment for the Services is handled by BizAway on behalf of the Provider through third parties. Booked Services are paid directly to BizAway at the time of Booking, which, with the assistance of a third party, will send the payments to the Provider in accordance with the terms and conditions agreed with the latter.
7.3 All Bookings are made by secure online payment methods (when this function is offered and supported by the Customer's bank) or by withdrawing from the Customer's account.
7.4 Any payments handled by BizAway on behalf of and transferred to the Provider shall constitute a payment to the Provider by the Customer and may not be claimed in any way, except in the event of fraud or unauthorized use of the credit card.
7.5 In the event of fraud or unauthorized use by third parties of the Customer's credit card, the risk of covering unauthorized debits is covered directly by the credit institution that issued the card. Sometimes the coverage is covered by a deductible, which in such cases will constitute the limitation of BizAway's indebtedness towards the Customer. In order to be able to file the preliminary claim for compensation, the Customer must demonstrate to BizAway that it has reported the fraud to the credit card operator (in accordance with its rules and procedures) and to the competent authorities.
7.6 Failure to pay within the required time limits entitles BizAway to cancel any Booking made by the Customer, and to request and obtain the advanced payment of the amounts and accrued credits increased at the annual rate of 10% calculated monthly from the date of payment.
8. Obligations of BizAway
8.1 BizAway is committed to: ensuring that the Licenses are available and that the Platform is efficient throughout the term of the contract; eliminating any inappropriate, offensive or disruptive activity aimed at destabilizing the system operated by the Customers; not disclosing confidential information provided by the Customers in compliance with national privacy laws; transferring the amounts collected from the Customers to the Provider; communicating changes in the T&C to the Customers.
8.2 Unexpected system errors or technical failures that are not attributable to BizAway may occur in the Platform, and BizAway assumes no responsibility for them. However, in such cases, BizAway undertakes to promptly inform - whenever possible - of any suspension of activity due to occasional events or maintenance, without prejudice to the fact that the suspension of services in such cases may not give rise to any claim for compensation, discount or compensation of any kind.
8.3 BizAway disclaims any liability for any breach with the Services, the quality of the Services or any damages arising therefrom.
9. Obligations of the Customers
9.1 The use of the Platform and the use of the Licenses strictly prohibits: using the Platform and its parts to Customers that have been temporarily or definitively suspended; manipulating Rates or Bookings; circumventing or manipulating the structure of the Rates, the billing process or the fees owed; publishing any information that may be commonly considered defamatory, libelous, misleading, inaccurate, or false (including personal information); perform actions to destabilize the system; transfer Credentials to others without BizAway's consent; use or publish spam, propagate viruses or other technologies that may damage the Platform or its Customers; resell BizAway's services; copy, modify or disclose the Platform's content; intellectual property rights or trademarks owned by BizAway or the Providers.
9.2 The Customer may not use the services until the explicit acceptance of the terms of the Privacy Act.
10.1 Without prejudice to the limitations of the T&C and the law, BizAway shall be liable for any direct and immediate damages suffered and documented by Customers that are directly attributable to a breach of BizAway's obligations under these T&C. The refundable amount may not in any case exceed the total amount of the Booking cost indicated in the Voucher.
10.2 Neither BizAway nor any of its operators, managers, employees, representatives, subsidiaries, affiliated companies, affiliated Providers, License holders, agents or persons involved in the production, sponsorship, promotion or disclosure of the Platform and its content shall be considered as: (i) punitive, special, indirect or consequential loss or damage, loss of production, loss of profit, income or contract, injury or damage to good name and reputation, loss of right, (ii) the insufficiency of (descriptive) information about the Provider (rates, availability and classification of the Services) made available on the Platform, (iii) Services provided or offered by the Provider, and (iv) damages (direct, indirect, consequential or punitive), losses or costs incurred, paid or incurred as a result of the inability to use or due to delay of the Platform but resulting from or related to its use, or (v) physical, mortal, material or other types of damage (direct, indirect, special, consequential or punitive), losses or costs suffered, paid or incurred, actions (legal), errors, violations, deliberations (serious), misconduct, omissions, false statements, negligence, civil or objective liability for an unlawful act attributable (in whole or in part) to the Provider (or its employees, directors, executives, representatives, affiliates, etc.) whose Services are directly or indirectly available, offered or advertised on or through the Platform, including cancellations (partial), overbooking, strike, force majeure or any other event beyond BizAway's control.
10.3 The Customer acknowledges and agrees that, in all cases mentioned in Article 7 of these T&C, the Provider is responsible for collecting, retaining, sending and paying to the competent authorities the applicable fees calculated on the basis of the total price of the Booking. BizAway, as a simple intermediary, cannot be held responsible for the collection, retention, shipment or payment to the competent authorities of the applicable fees at the expense of the Booking made through the Platform.
11. Privacy and cookies
11.2 By using the Platform, Customers agree that their personal data will be managed by BizAway, which may use third parties to verify and certify its privacy principles.
11.3 BizAway handles confidential data in accordance with applicable laws.
11.4 Customers can subscribe to BizAway’s newsletter. They can cancel their subscription at any time by selecting the corresponding option in each newsletter.
11.5 BizAway may not sell or provide any personal information of third parties to Customers without the explicit consent of the latter.
12.1 At the time of registration, the Customer must provide a valid email address to receive notifications, including confirmations of Bookings and the corresponding Vouchers. BizAway is in no way responsible for missing contact details due to incorrect or missing email addresses, phone numbers (mobile phones) or credit card numbers, without having to verify their existence or correctness.
12.2 BizAway disclaims all liability to Customers for communications sent by them through the Platform and to Providers. It is not possible to advance BizAway's rights regards requests or communications addressed to any Provider, since BizAway cannot guarantee that such requests will be received, read, downloaded, executed or subsequently accepted by the Provider.
12.3 Any claim or compensation for damages will be possible within the limits set by the T&C and must be filed for termination within 30 days after the date of the Booking. Any complaint must be properly documented, preferably through screenshots taken during the booking process in which the error appears.
12.4 Any communication addressed to BizAway must be made using the appropriate forms on the Platform or, unless this is not possible, sent by registered mail with acknowledgement of receipt to the address indicated in Article 2.1.1 and advanced by e-mail to firstname.lastname@example.org.
13. Intellectual property rights
13.1 BizAway does not act or operate under any circumstances as a vendor of the Services available on the Platform.
13.2 BizAway is the exclusive owner of all rights, titles and interests in and to all intellectual property rights with respect to the appearance and general interface (including infrastructure) of the Platform. No Customer is authorized to copy, extract, link, publish, promote, embed, integrate, use, combine, or otherwise use the content or trademarks in the absence of the express written consent of the owner of such rights. The use of contents subsequently modified by the Customer shall require the latter to assign, transfer and cede all intellectual property rights attributable to BizAway. Any use that is not in accordance with the law or the T&C constitutes a material violation of the intellectual property rights (including copyright and data protection rights) set forth in these T&C.
14.1 The T&C and the performance of services performed directly by BizAway shall be governed by and construed in accordance with the Italian law.
14.2 The parties shall endeavor to resolve any dispute in a friendly way within fifteen (15) working days of the most diligent party's written notice of dispute. In case that it is not possible to reach an amicable settlement of a dispute within the above-mentioned period, the dispute shall be settled in accordance with Article 14.3.
14.3 Any dispute arising out of these T&C, the Offer and the services provided by BizAway shall be transferred to the exclusive jurisdiction of the Court of Udine.
14.4 The original text of these T&C was written in Italian and then translated into other languages. The translated version is unofficial and purely illustrative, and therefore without any legal value. In the event of disputes or inconsistencies or discrepancies between the Italian text and translations into other languages, the Italian text shall prevail over all other texts. The Italian text is available on the Platform (by selecting the Italian language) or will be sent in writing.
14.5 In the event that any of the terms of these T&C becomes invalid or ineffective, it will be replaced by a valid and effective clause that reflects as much as possible the one that has been replaced.
14.6 These T&C can be validly changed, modified or unilaterally integrated at any time by BizAway.
14.7 BizAway's failure or delay in exercising its rights may not operate or be construed as a waiver or exclusion on its part, nor shall preclude the exercise of these rights in any way.
14.8 The Customer acknowledges that all resources provided on behalf of BizAway shall be cumulative and without prejudice to any other rights or resources provided by the applicable law.