Terms and conditions of use of the BizAway platform
- Purpose of the service
- Registrations and access
- Obligations of BizAway
- Obligations of customers
- Personal data protection
- Intellectual property rights
1.1 BizAway is a company that has developed a Platform (as defined below) for consulting databases for booking (including any assistance) and reporting on travel services made available by Providers (as defined below) that are third parties with respect to this Agreement.
1.2 The following terms and conditions – as well as any subsequent amendments made to them – apply to all agreements concluded with Customers (as defined below) who wish to use the Platform and the services made available online through the Platform, either directly or indirectly (through Distributors), through any mobile device, by email or by telephone.
1.3 Registration to the Platform takes place by subscribing the Offer (as defined below) and allows the Customer to visit and use all the features made available, within the limits of the T&Cs (as defined below).
2.1 Terms with capital letter have the following meaning:
2.1.1 “BizAway” means the company BizAway S.r.l. Società Benefit, with registered office in Spilimbergo (PN) 33097, Piazzetta Walterpertoldo n.4 – Italy, VAT number IT-01775640939, manager of the Platform (as defined below) and facilitator of the subsequent purchase of Services between the Client and the Providers, responsible for transmitting to the Providers the details of each Reservation and sending to the Clients (on behalf of the Providers) the confirmation e-mails of each Reservation. BizAway assumes no responsibility for the organisation and provision of the Service and shall provide the Client with the name and address of the Provider to whom the provision of the Service shall be entrusted directly and independently.
2.1.2 “Customers” means the persons – whether employees, managers, co-workers, etc. – authorised by the Customer to use the Services and to use the Platform, and on whose behalf the Vouchers are issued following the Reservations made.
2.1.3 “Consumption” means the value of the Reservations made in the reference month
2.1.4 “Client Account” means the deposit account, if any, set up by the Client, within 10 calendar days of acceptance of the Offer, by means of a bank transfer to the account in the name of BizAway indicated in the Offer, from which BizAway shall draw to pay for the Services and to collect the price of the Licences, as adjusted according to the Consumption made. The balance of the Client Account may not be less than 25% of the initial amount, otherwise the Licenses will be blocked and Reservations may not be made except through the online payment method required at the time of Reservation
2.1.5 “Credentials” means the access credentials to the Platform provided by BizAway to the Clients.
2.1.6 “Documentation” means all documents relating to the Platform, the Licence, the Additional Licence, the Services and the Tickets, regardless of the form and means in which they are made available to the Customer.
2.1.7 “MLF” is the monthly fee for the use of the licence for the use of the services offered by BizAway and calculated in accordance with the conditions set out in the contract.
2.1.8 “Licence” means the licence with which the Client has access to the services available through the Platform that BizAway grants to the Client upon payment, according to the agreed conditions.
2.1.9 “Agreement” means the document that summarise the services included in the Licence that the Client completes and signs for acceptance.
2.1.10 “Platform” means the automated web platform (front end, back end, tools, etc.) and the corresponding app, access to which is subject to the subscription of at least one Ordinary Licence, used by BizAway to enable Clients to view and book Partner Services, manage Reservations, Vouchers, check payments and provide a periodic report of Consumption.
2.1.11 “Reservations” means the process of purchasing Services regularly completed by Customers via the Platform. By making a Reservation, the Customers establish a direct and binding contractual relationship with the Service Provider.
2.1.12 “Intellectual Property” means any and all rights that BizAway may have with reference to the Platform and its content as well as any applications, renewals, extensions, reintroductions and renovations, as governed from time to time by patent laws, copyright laws, trade secret laws, trademark laws, unfair competition laws, privacy laws and any other protected legal position relating to property rights, currently in force or enforceable in the future, throughout the world.
2.1.13 “Provider” means the provider of (1) accommodation (e.g. a hotel, motel, aparthotel or bed and breakfast), or (2) transportation (e.g. cruises, train and coach travel, air travel, tour operator transfers, insurance companies and any other travel-related or travel-related product or service made available for booking on the Platform. This definition includes Participating Providers.
2.1.14 “Contracted Providers” means those Providers with whom the Customer already has an agreement in place for the provision of Services at Contracted Rates, which the Customer wishes to list on the Platform.
2.1.15 “Services” means the services provided by Providers (transport services, hospitality services, etc.) that can be accessed and purchased by the Customer via the Platform. Details of the Services are provided directly by the Providers, who are solely responsible for updating the tariffs, availability, information displayed on the Platform and the proper provision of the Services.
2.1.16 “Contracted Rate Services” means the Services, provided by Contracted Providers, booked through the Platform.
2.1.17 “Fees” means the cost of each Service. Unless otherwise stated on the Platform or in the Voucher, Fees are defined as: (1) in the case of Hotel Services, per accommodation, for the entire stay; (2) in the case of Transport Services, per person or group. In all cases, the Tariffs are subject to validity as indicated on the Voucher and include VAT and all other taxes (subject to the exchange rate of such taxes). Sometimes cheaper Fares can be found on the Platform for the same Service: such Fares, proposed by the Providers, entail restrictions and special conditions, e.g. regarding cancellation or refund, which should be carefully checked before each Reservation. This definition includes Agreed Fees.
2.1.18 “Agreed Fees” means the fees, agreed with Contracted Providers for the provision of a Service, which the Customer wishes to include in the Platform.
2.1.19 “T&C” means these terms and conditions of use of the Platform, as updated from time to time, including any document referred to in them.
2.1.20 “Voucher” means the documents of entitlement, whether transport tickets or hotel booking confirmations or otherwise, issued by the Provider on behalf of the Customer as a result of a Booking.
2.1.21 “BC” means the BizAway Code, i.e. BizAway’s booking code, which identifies an individual Booking (regardless of the number of guests or nights).
2.1.22 “PB” means Passenger per Booking. It refers to a method of charging for the service rendered calculated according to the number of passengers per BC (BizAway Code).
2.1.23 “PO” means Transaction intended as a single service or action.
2.1.24 “TED” means Travel Expert Desk, an assistance and consulting service provided via chat and/or email from Monday to Friday from 8.00 a.m. to 7.00 p.m.
2.1.25 “DATA PROCESSOR” is the natural or legal person, public authority, service, or entity that processes personal data on behalf of the data controller.
2.2 All definitions shall have the same meaning whether used in the masculine or feminine form, whether used in the singular or plural.
3. PURPOSE OF THE SERVICE
3.1 Through the Platform, Customers subscribing a Basic Licence can consult the Services made available by the Providers and that can be purchased through the Platform.
3.2 As manager of the Platform, BizAway cannot be held liable for errors, interruptions, failure, partial or inadequate provision of the Services. The Providers are solely responsible for the accuracy, completeness and correctness of the information published on the Platform, as well as for the provision of the Services.
4. REGISTRATIONS AND ACCESS
4.1 Access to and use of the Platform are permitted only to Customers in possession of regular credentials. Credentials are obtained upon activation of a Licence.
4.2 Failure to comply with the T&Cs shall entitle BizAway to temporarily suspend the account and temporarily block or restrict the Licences. In severe cases, this may result in permanent exclusion from the Platform. Such measures are at the sole and unquestionable discretion of BizAway.
4.3 The login credentials (email address and password) are for the exclusive use of the Customer to whom they have been assigned and are limited for the use of the Platform. Clients are required to keep the credentials secret. If Clients become aware of unauthorized access or if they suspect misappropriation of their credentials, they are required to inform BizAway immediately. Customers who fail to report such violations are liable for any unauthorized use of their login credentials. Upon notification of abuse BizAway will activate the password change procedure, will temporarily suspend the account releasing Clients from liability for the misuse of their Platform access credentials from that point on.
5.1 Due to the Reservation, the Customer unconditionally accepts the terms of provision of the Services offered by the Provider, including (but not limited to) the cancellation and no-show policies, as well as any additional rules or conditions applicable to the Service, including the structure and context in which it is provided.
5.2 Cancellation and no-show rules for each Service are shown on the Platform by each Provider on the Service’s information pages, and shall remain visible (even in summary form) during the Booking procedure, until the Voucher is sent.
5.3 Cancellations and changes are not permitted for certain Fees. In the event of a no-show or change or cancellation, resulting in a total or partial non-use of the Service, the Provider may still charge the full amount, penalties or costs – e.g. tourist tax (if applicable). Before making a Reservation, the Customer is obliged to carefully check the conditions of use of the Service. Cancellation and payment conditions may vary depending on the type of Service. Particular additional conditions may be applied by the Provider (e.g. age requirements, security deposit, extra charges or cancellation conditions for groups, extra beds, rates without free breakfast included, pets and credit cards accepted etc.).
5.4 Late payment, mistakes in filling in personal or credit card details or insufficient balance in the Deposit Account may compromise the successful completion of the Reservation and may entail the refusal to provide the Service and the impossibility of refunding any advance payments (classified as non-refundable) unless the Provider itself agrees to make the refund or allow the Customer to use the Service by other means.
5.5 The Reservations made shall remain visible in the Customer’s personal area, which can also be accessed to check, amend or cancel the Reservation (if possible) by following the Platform’s wizard, subject to the conditions set out in Article 5.3.
5.6 It is the Client’s (and ultimately the Traveller’s) sole responsibility to acquire all the information relating to safety and the documentation required to reach the destination that is related to the Reservation or an intermediate destination. During the booking process, BizAway may provide the Client with safety warnings and instructions about the destination, even intermediate, related to the booking (the “Alerts”), the content of which constitutes a mere unofficial information provided to the Client to provide an indication about the potential risks. The Customer acknowledges and declares as of now to accept to receive such Alerts, not to ignore their content, as well as to take all necessary precautions and to comply with the general safety rules. The Customer acknowledges that the content or service covered by the Alerts is not intended to replace official measures and / or communications by the competent Authorities, nor that such content or service is also not intended to replace the Customer’s risk assessment, its common sense or compliance with the general principles relating to the general safety rules and personal safety, which remain in its sole responsibility.
5.7 BizAway cannot guarantee that the information and updates covered by the Alerts are complete, adequate and error-free. For these reasons, it will always be the Customer’s responsibility to collect the necessary information, as well as evaluate the data provided by the Alerts on an individual basis, expressly relieving BizAway from any liability in this regard.
6.1 The Platform is accessible through the purchase of a Licence. It may be possible to use the Licence free of charge for a certain period, subject to BizAway’s approval (e.g. for a trial period). The cost of each License is not included in the Reservation fee and may change depending on the Customer’s Consumption and the payment system chosen and is indicated in each Offer. The costs of each Licence do not include VAT.
6.2 The fees for the Services available on the Platform are highly competitive. All details of the fees are provided by the Provider prior to each Booking, are updated by the Provider in real time and are summarised in the Voucher issued upon successful completion of the Booking.
6.3 Each Provider may decide to charge fees and penalties (including tourist/tourist tax) in addition to the rates quoted, for example in the event of no-show or cancellation of the Booking. BizAway therefore recommends that Clients carefully review the terms and conditions of each Service prior to making any Reservation. Tourist tax will not be charged by BizAway, but shall always be paid, if due, directly by the Client to the Provider.
6.4 The currency converter is for information purposes only and should not be relied upon as an accurate and real-time operational indicator as rates can change.
7.1 Licences are invoiced by BizAway on the agreed frequency and sent by email, however they remain available in the appropriate section of the account.
7.2 Payment for the Services is handled by BizAway, on behalf of the Provider, through third parties. The booked Services are therefore paid at the time of the Reservation directly to BizAway, which, with the help of a third party, shall forward the payments to the Provider in accordance with the conditions agreed with the Provider
7.3 All Reservations are made using secure online payment methods (insofar as this function is offered and supported by the Client’s bank) or by withdrawal from the Client’s Account.
7.4 Any payment handled by BizAway on behalf of the Provider and subsequently transferred to the Provider shall constitute a payment to the Provider by the Client and cannot be claimed in any way, except in the case of fraud or unauthorized use of the credit card, to the extent permitted by law.
7.5 BizAway shall not be liable, nor can be held liable, even by way of fault, in the event of fraud or unauthorized use, including by third parties, of the Customer’s credit card, on which the risk of covering unauthorized charges rests. The customer shall have the right to request the reimbursement and/or compensation of the sums unduly charged directly to the credit institution that issued the card. BizAway is willing to provide the client, upon specific request, with the necessary documentation to submit a complaint to the credit institution. In any event, BizAway shall not be liable to the Client for an amount greater than the deductible provided in the card issuer’s coverage for the fraudulent or unauthorized transaction, provided that the Client has first provided BizAway with proof that he or she has reported the fraud to the credit card provider (in accordance with its rules and procedures) and to the appropriate authorities.
7.6 Failure to pay within the required time limits shall entitle BizAway to cancel any client’s Reservation and to demand and obtain payment of the amounts advanced and accrued credits plus the annual rate of 10% calculated monthly from the date from when the payment is due.
8. OBLIGATIONS OF BIZAWAY
8.1 BizAway undertakes to: guarantee the usability of the Licences and the efficiency of the Platform for the entire duration of the contract, except for temporary disconnections due to technical problems and/or maintenance; eliminate, without delay upon becoming aware of, any incorrect, offensive or aimed at destabilizing the system activity carried out by the Clients; not disclose confidential information provided by the Clients, in compliance with national legislation on privacy; transfer to the Provider the amounts collected from the Clients; communicate to the Clients any changes in the T&C.
8.2 It is possible that unforeseen system errors or technical malfunctions of the Platform occur that are not attributable to BizAway, for which BizAway assumes no responsibility. However, in such cases, BizAway undertakes to promptly report – if and when possible – any suspensions of activity due to occasional or maintenance events, provided that the suspension of services, in such cases, shall not give rise to any claim for compensation, discount or indemnity of any kind.
8.3 BizAway disclaims any liability with respect to the failure to provide the Services, the quality of the Services, or with respect to any damages arising therefrom.
9. OBLIGATIONS OF CUSTOMERS
9. 1 The use of the Platform and the use of the Licences strictly forbids: not allow the use of the Platform and its parts to Clients who have been temporarily or permanently suspended; manipulating the Fees or Reservations; circumventing or manipulating the structure of the Fees, the billing process, or the fees due; publishing any information that may be commonly considered as defamatory or libelous, misleading, inaccurate, false (including personal information); act to destabilize the system; transfer even temporarily your credentials to others without BizAway’s consent; use or publish spamming, spread viruses or other technologies that may cause damage to the Platform or its Clients; resell BizAway’s services; copy, modify or disclose the contents of the Platform, intellectual property rights or trademarks owned by BizAway or the Providers.
9.2 The Services may not be used by the Client until explicit acceptance of the conditions in respect of the Privacy Act has been provided.
9. 3 Pursuant to and for the purposes of Legislative Decree 231/2001, the Customer undertakes, including for its directors, auditors, employees, and / or collaborators in general, to strictly comply with the rules contained in the Code of Ethics approved by BizAway S.r.l. SB and to model adopted pursuant to Legislative Decree 231/2001 and available at the website, fully accepting all the terms and conditions that he declares to be well aware of. In case of violation of the Code of Ethics for conduct attributable to the Customer’s responsibility, BizAway S.r.l. SB may terminate by right and with immediate effect pursuant to art. 1456 of the civil code, the Contract by registered letter with return receipt, without prejudice to any other legal remedy, including the right to compensation for any damage suffered. The customer must substantially indemnify and hold BizAway harmless and for it, its successors in title, auditors, directors, employees and / or legal representatives from any claim, damage and / or request, including legal costs, that may be from third parties advanced in relation to any violations of the aforementioned Code of Ethics and / or the Organizational Model.
In case of violation of the Code of Ethics for conduct attributable to the Customer’s responsibility, BizAway S.r.l. SB may terminate by right and with immediate effect pursuant to art. 1456 of the civil code, the Contract by registered letter with return receipt, without prejudice to any other legal remedy, including the right to compensation for any damage suffered. The customer must substantially indemnify and hold BizAway harmless and for it, its successors in title, auditors, directors, employees and / or legal representatives from any claim, damage and / or request, including legal costs, that may be from third parties advanced in relation to any violations of the aforementioned Code of Ethics and / or the Organizational Model.
10.1 Without prejudice to the limitations set forth in the T&Cs and by law, BizAway shall only be liable for direct and immediate damages actually suffered and documented by the Client that are directly attributable to a breach by BizAway of its obligations under these T&Cs. The indemnifiable amount shall in no way exceed the total amount of the cost of the Reservation as indicated on the Voucher.
10.2 Neither BizAway nor any of its operators, officers, employees, representatives, subsidiaries, affiliated companies, affiliated providers, licensees, agents or persons involved in the production, sponsorship, promotion or dissemination of the Platform and its content shall be liable for (i) punitive, special, indirect or consequential loss or damage, loss of production, profit, income or contractual losses, injury or damage to good name and reputation, loss of right, (ii) the inadequacy of the Provider’s (descriptive) information (regarding rates, availability and classification of Services), made available on the Platform, (iii) the Services provided or offered by the Provider, (iv) any damages (direct, indirect, consequential or punitive), losses or costs suffered, paid or incurred as a result of your inability to use or delay of the Platform, but arising out of or in connection with use, or (v) personal injury, death, property damage or other damages (whether direct, indirect, special, consequential or punitive), losses or costs suffered, paid or incurred by you, suits, including out-of-court settlements, errors, breaches, gross negligence, willful misconduct, omissions, negligence, misrepresentation, civil or strict liability for a wrongful act attributable (in whole or in part) to the Provider (or their employees, directors, officers, agents, representatives or affiliated companies), whose Services are directly or indirectly made available, offered or advertised on or through the Platform, including (partial) cancellations, overbooking, strike, force majeure or any other event beyond BizAway’s control; (vi) computer viruses of any kind (including but not limited to: malware, trojans, etc.) that may infect the device, resulting in the loss of data or other material; (vii) damages of any nature or kind resulting from the loss of vouchers, travel documents, residence permits, or documents required to use the booked service, or from the lack of physical and/or legal requirements to use the service (including but not limited to: expired identity documents or passports, loss of issued tickets, lack of visas, etc.); BizAway is not obliged to verify the regularity, validity, and existence of the requirements to use the service, which is the sole responsibility of the customer.
10.3 Furthermore, neither BizAway nor any of its operators, managers, employees, representatives, subsidiaries, affiliated companies, affiliated providers, licensees, agents or persons involved in the production, sponsorship, promotion or distribution of the Platform and its content will be held liable for damages of any nature or kind, due to the loss of Vouchers, travel documents residence permits, or accommodation tickets needed for the booked Service, and generally the lack of physical and/or legal requirements to use the Service (including but not limited to expired identity documents or passports, loss of issued ticket, lack of visa, etc.). BizAway is in no way required to verify the regularity, validity, and existence of the requirements to use the service, which is the sole responsibility of the customer.
10.4 The Client acknowledges and accepts that, in all cases set out in Article 7 of these T&Cs, it is under responsibility of the Provider to collect, retain, send and pay to the relevant authorities the applicable taxes, calculated on the basis of the total Booking price. BizAway, as a mere facilitator of the purchase, cannot in any way be held responsible (nor can it be held liable) for collecting, withholding, sending or paying to the competent authorities the taxes applicable to the cost of the Reservation made through the Platform.
11. PERSONAL DATA PROTECTION
11.5 By accepting the present agreement the customer declares to have read and accepted the contents regarding the privacy compliance stated in the previous paragraphs.
12.1 On registration the Client is required to provide a valid email address on which to receive notifications, including confirmation of the Booking and the corresponding Vouchers. BizAway shall not be liable in any way for missed deliveries due to non-existent or incorrect e-mail addresses, (mobile) phone numbers or credit card numbers, as BizAway is not obliged to verify their existence or correctness.
12.2 BizAway disclaims any liability to Clients for communications sent by them through the Platform and directed to Providers. No claims can be made against BizAway in connection with requests or communications directed to the Provider, as BizAway cannot guarantee that such requests, after submission, will be received, read, taken care of, executed or accepted by the Provider.
12.3 Complaints or claims for damages are possible within the limits set out in the T&Cs and must be submitted under penalty of forfeiture within 30 days from the date of Booking. Any claim must be properly documented, preferably by means of screenshots taken during the booking process from which the error is apparent.
12.4 Any communication addressed to BizAway must be made using the appropriate forms on the Platform or, only if this is not possible, must be sent by registered mail with return receipt to the address indicated in Article 2.1.1 and in advance by email to email@example.com.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 BizAway is the exclusive owner of all right, title and interests in and to all intellectual property rights relating to the graphic appearance and general interface (including infrastructure) of the Platform. No Customer is authorised to copy, derive, link to, publish, promote, integrate, use, combine or in any other way use the content or trademarks without the express written approval of the holder of such rights. The use of the content subsequently modified by the client shall require the client to assign, transfer, and fully assign all intellectual property rights attributable to it to BizAway. Any use not in accordance with the law or the T&Cs is a material breach of the intellectual property rights (including copyright and database protection rights) set forth in these T&Cs.
14.1 The T&Cs, and the performance of the services rendered directly by BizAway, shall be governed by and construed in accordance with Italian law.
14.2 The parties shall endeavor to attempt to resolve amicably any dispute that may arise between them. In the event that it is not possible to reach an amicable settlement of the dispute, it shall be resolved in accordance with article 14.3, following, if necessary, the mediation or assisted negotiation procedures.
14.3 Any dispute arising from these T&Cs, the Order and the services rendered by BizAway shall be submitted to the exclusive jurisdiction of the Court of Pordenone.
14.4 The original text of the T&Cs was written in Italian and subsequently translated into other languages. The translated version is unofficial and for illustrative purposes only, and therefore has no 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 others. The Italian text is made available on the Platform (by selecting the Italian language) or will be sent upon written request.
14.5 In the event that any of the clauses of these T&Cs are invalid or ineffective, or lose their validity, they will be replaced with a valid and effective clause which reflects the replaced clause as closely as possible, without affecting the validity of the rest of the contract.
14.6 The T&Cs may be validly changed, amended or supplemented unilaterally and at any time by BizAway.
14.7 Failure or delay on the part of BizAway in exercising its rights shall not operate or be construed as a waiver on the part of BizAway, nor shall it preclude the exercise of such rights under any circumstances.
14.8 The Client acknowledges that all remedies available to BizAway shall be deemed cumulative and without prejudice to any additional rights or remedies that may be available under applicable law.
14.9 Unless otherwise agreed upon by the parties, the Client hereby authorizes the use of its logo(s) on BizAway’s website and other materials for informational purposes. BizAway jointly agrees not to use images and logos of the Client in contexts that could compromise decorum or in situations that could damage the public image of the Client.