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
- Law, Language and Applicable Jurisdiction – Validity and Update of Clauses
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 to this Agreement.
1.2 The following terms and conditions – and any subsequent amendments thereto – apply to all agreements concluded with Customers (as defined below) who wish to make use of the Platform and the services made available online through it, either directly or indirectly (through distributors), via any mobile device, by e-mail or by telephone.
1.3 Registration to the Platform takes place by subscribing to the Offer (as defined below) and allows the Customer to visit and use of 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. Benefit Company, with registered office in Spilimbergo (PN) 33097, Piazzetta Walterpertoldo n.4 – Italy, P.IVA IT-01775640939, manager of the Platform (as defined below) and facilitator of the subsequent purchase of the 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 Customer with the name and address of the Provider to whom the provision of the Service shall be directly and independently entrusted.
2.1.2 “Customer” means the person – company, association, private or public entity, sole proprietorship, professional, etc., acting within the scope of its commercial, entrepreneurial, artisan or professional activity – who signs the Licence Agreement with BizAway and is authorised to use the Platform to purchase the Services promoted and/or offered by BizAway, usable for themselves and their Passengers, as defined below.
2.1.3 “Passengers” means the persons – whether employees, managers, servants, etc. of the Customer – authorised by the Customer to use the Services and in whose name Vouchers may be issued as a result of Reservations made.
2.1.4 “Consumption” indicates the value of Reservations made in the reference month.
2.1.5 “Customer Account” means the deposit account, if any, established by the Client, within 10 calendar days of acceptance of the Offer, by means of a transfer to the bank 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 modulated according to the Consumptions made. The balance of the Client Account may not be less than 25% of the initial amount, under penalty of blocking the Licences and making it impossible to make Reservations except through the online payment method requested at the time of Reservation.
2.1.6 “Credentials” means the Platform access credentials provided by BizAway to the Client.
2.1.7 “Documentation” means all documents relating to the Platform, the Licence, the Additional Licence, the Services and the Tickets, regardless of the form and medium in which they are made available to the Customer.
2.1.8 “Licence” means the licence to benefit from the services usable via the Platform that BizAway grants to the Client in return for payment in accordance with the agreed terms.
2.1.9 “Agreement” means the document summarising the services included in the Licence and the specific agreements, which the Customer 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 Customers to view and book Partner Services, manage Reservations, Vouchers, check payments and provide a periodic Consumption report.
2.1.11 “Reservations” means the process of purchasing Services regularly concluded by Customers via the Platform. With the Reservation, the Customer and the Passengers establish a direct and binding contractual relationship with the Service Provider.
2.1.12 “Intellectual Property” means any of BizAway’s rights in the Platform and its content as well as any applications, renewals, extensions, reintroductions and reinstatements, as governed from time to time by patent, copyright, trade secret, trade mark, unfair competition, privacy and any other protected legal position relating to proprietary 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) transport services such as 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 Affiliated Providers.
2.1.14 “Affiliated Provider” means the Provider(s), with whom the Customer already has an agreement in place for the provision of Services at Agreed Fees, that 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. The details of the Services are provided directly by the Providers, who are solely responsible for updating the rates, availability, information displayed on the Platform and the proper provision of the Services.
2.1.16 “Contracted Rate Services” means Services, provided by Affiliated Providers, booked via the Platform.
2.1.17 “Fees” means the cost of each Service. Unless otherwise indicated on the Platform or in the Voucher, Fees are: (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, Fees are subject to validity as indicated in the Voucher and are inclusive of VAT and all other taxes (subject to currency exchange of such taxes). Sometimes, cheaper Fees can be found on the Platform for the same Service: these Fees, proposed by the Providers, entail restrictions and special conditions, e.g. regarding cancellation or refund, which should be carefully checked before each Reservation. The definition includes Agreed Fees.
2.1.18 “Agreed Fees” means the fees, agreed with the Affiliated Providers for the provision of a Service, which the Customer wishes to enter into the Platform.
2.1.19 “T&Cs” 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 legitimation documents confirming the Client’s right to enjoy the Services purchased following a Reservation.
2.1.21 “BC” means the BizAway Code, which identifies an individual Reservation (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 on the basis of the number of passengers per BC (BizAway Code).
2.1.23 “PO” means Transaction in the sense of a single service or action.
2.1.24 ‘TED‘ means the Travel Expert Desk service, an assistance and consulting service provided via chat and/or e-mail from Monday to Friday from 8 a.m. to 7 p.m.
2.1.25 ‘Data controller‘ shall mean the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
2.1.26 ‘Data processor‘ means the natural or legal person, public authority, service or other body that processes personal data on behalf of the data controller.
2.1.27 “Group Travel” means the reservation and purchase of Services made under a single Reservation for a number of Passengers exceeding eight.
2.1.28 “Bizzy Flexy” means that, in the event of a change in the Reservation, it is possible to obtain a refund of all or part of the Fee in accordance with the terms and conditions of sale indicated from time to time.
2.1.29 “Partner” means other parties, whether they be legal or natural entities, with whom BizAway has entered into agreements to offer the services they propose to its users.
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 to a Basic Licence may 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. 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 is 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’s to temporarily suspend the account and temporarily block or restrict the Licences. In the most serious cases it may result in permanent exclusion from the Platform. Such measures are at the sole and unquestionable 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 restricted to the Platform. Customers are obliged to keep their credentials secret. Should Clients become aware of unauthorised access or if they suspect misappropriation of their credentials, they are obliged to inform BizAway immediately. Clients who fail to comply with abuse reporting requirements are liable for any unauthorised use of their login credentials. Upon notification of abuse BizAway will activate the password change procedure, temporarily suspending the account and releasing Clients from liability for the misuse of their Platform access credentials from that point on.
5.1 By making 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 and any additional rules or conditions applicable to the Service, including the structure and context in which it is provided.
5.2 Cancellation and non-show rules for each Service are shown on the Platform by each Provider on the Service’s information pages, and shall remain visible (also in summary form) during the Booking procedure, until the Voucher is sent.
5.3 Cancellations or changes are not permitted for certain Fees. In the event of a no-show or change or cancellation, resulting in the non-use – in whole or in part – 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 change depending on the type of Service. Special additional conditions may be applied by the Provider (e.g. age requirements, security deposit, extra surcharges or cancellation conditions for groups, extra beds, rates without free breakfast included, animals 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 himself agrees to make the refund or allow the Customer to use the Service by other means.
5.5 The Reservations made 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 wizard, and under the conditions set out in Article 5.3
5.6 It is the sole responsibility of the Customer to obtain all safety information and documentation required to reach the destination that is the subject of the Reservation or an intermediate destination. During the reservation process, BizAway may provide the Customer with safety notices and instructions regarding the destination, including intermediate destinations, that are the subject of the booking (the “Alerts“), the content of which is merely unofficial information provided to the Customer to enable him or her to assess the risks. The Customer acknowledges and hereby declares that he/she agrees to receive such Alerts, that he/she will not ignore their content, and that he/she will take all necessary precautions and comply with general safety rules. The Customer acknowledges that the content or service covered by the Alerts is not intended to replace official measures and/or notices from the competent Authorities, nor is it intended to replace the Customer’s own risk assessment, common sense or compliance with general principles relating to general safety rules and personal safety, which remain the Customer’s sole responsibility.
5.7 BizAway cannot guarantee that the information and updates contained in the Alerts are complete, adequate and error-free. For these reasons, it shall always be the responsibility of the Customer to gather the necessary information and to evaluate the data provided by the Alerts on an individual basis, expressly releasing BizAway from any liability in this respect.
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 authorisation by BizAway (e.g. for a trial period). The cost of each Licence is not included in the Reservation Fee and varies depending on the Customer’s Consumption and chosen payment system and is indicated in each Offer. The cost of each Licence does not include VAT.
6.2 Each Provider may decide to charge fees and penalties (including tourist/tourist tax, as well as administrative fines or penalties in the case of car rental) in addition to the rates indicated, for example in the case of no-show or cancellation of the Reservation. BizAway therefore recommends that Customers and Passengers carefully consult 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 Customer to the Provider.
6.3 During the Reservation process, the Customer shall also be entitled to select the BizzyFlex fare for Passengers, which will allow, in the event of a change to the Reservation, to obtain a refund of part of the Fee in accordance with the terms and conditions of sale indicated from time to time. At the time of the Reservation process, the Customer will be informed of the conditions of application of the BizzyFlex fare. The choice to take advantage of the BizzyFlex fare shall be at the complete discretion of the Customer.
6.4 The currency converter is for information purposes only and should not be regarded as an accurate and operational real-time indicator as rates may vary.
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 Services is handled by BizAway, on behalf of the Provider, through a third party. The booked Services are therefore paid at the time of 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 Reservation shall be made by secure online payment methods (insofar as this function is offered and supported by the Customer’s bank) or by withdrawal from the Customer 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 Customer and may not be claimed in any way, except in the case of fraud or unauthorised use of the credit card, within the limits of the law.
7.5 BizAway shall not be liable, nor can it be held liable, not even in a negligent manner, in the event of fraud or unauthorised use, including by third parties, of the Customer’s credit card, on which the risk of unauthorised charges is borne. The Customer shall have the right to request reimbursement and/or compensation for the sums unduly charged directly from the credit institution that issued the card. BizAway is willing to provide the Customer, upon specific request, with the documentation necessary to file a claim with the credit institution. In any event, BizAway shall not be liable to the Customer for an amount exceeding the amount of the card issuer’s coverage for the fraudulent or unauthorised transaction, provided that the Customer has first proven to BizAway that he or she has reported the fraud to the credit card provider (in accordance with its rules and procedures) and to the competent authorities.
7.6 Failure to pay within the required time limit shall entitle BizAway to cancel any Reservation to the detriment of the Customer and to demand and obtain payment of the amounts advanced and accrued credits at the annual rate of 10% per annum calculated monthly from the due date of payment.
7.7 The Customer shall bear any further charges or expenses of any nature whatsoever, such as but not limited to: currency exchange costs; commission costs; transaction costs; any withholding taxes levied on the payment of the consideration.
7.8 In the event that during the term of the Contract the Client accrues a credit of any kind with BizAway, this amount will not be returned, but will be credited as a credit that can be spent by the Client on subsequent Bookings. This is without prejudice to the right of the Parties to agree otherwise.
8. BIZAWAY’S OBLIGATIONS
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 as soon as it becomes aware of it, any incorrect, offensive activity or activity aimed at destabilising the system carried out by Customers; not to disclose confidential information provided by Customers, in compliance with national privacy legislation; transfer to the Provider the amounts collected from Customers; notify Customers of changes in T&Cs.
8.2 It is possible that unforeseen system errors or technical malfunctions of the Platform may 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, it being understood 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 regard to the failure to provide the Services, the quality of the Services, or in connection with any damage arising therefrom.
9. CUSTOMER’S OBLIGATIONS
9.1 The use of the Platform and the use of the Licences strictly prohibits the following: using the Platform and its parts to Customers who have been temporarily or permanently suspended; manipulating Fees or Reservations; circumventing or manipulating the structure of Rates, the billing process, or fees due; publishing any information that may be commonly regarded as defamatory or libellous, misleading, inaccurate, false (including personal information); act to destabilise the system; transfer, even temporarily, your credentials to others without BizAway’s consent; use or publish spamming, spread viruses or other technologies that may harm the Platform or its Customers; 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 Customer 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 No. 231/2001, the Customer undertakes, also for its own directors, employees, and/or collaborators in general, to strictly abide by the rules contained in the Code of Ethics approved by and the model adopted pursuant to Legislative Decree No. 231/2001 and available at the address, accepting in full all the terms and conditions thereof, which it declares to be well aware of.
In case of violation of the Code of Ethics for conduct attributable to the responsibility of the Customer, BizAway S.r.l. SB may terminate by right and with immediate effect pursuant to art. 1456 of the Italian Civil Code, the Contract by registered letter A.R., without prejudice in any case to any other legal remedy, including the right to compensation for any damages suffered. The customer shall substantially indemnify and hold harmless BizAway and on its behalf, its assignees, statutory auditors, directors, employees and/or legal representatives from any claims, damages and/or demands, including legal costs, that may be made by third parties in relation to any violations of the aforementioned Code of Ethics and/or Organisational 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 Customer 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 stated in 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 held liable for (i) punitive, special, indirect or consequential loss or damage, loss of production, profit, income or contract 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) damages (direct, indirect, consequential or punitive), losses or costs suffered, paid or incurred as a result of inability to use or delay of the Platform, but arising out of or in connection with use, or (v) bodily injury, death, property damage or other damages (direct, indirect, special, consequential or punitive), losses or costs suffered, paid or incurred by you, suits including out of court, errors, breaches, gross negligence, wilful misconduct, omissions, negligence, misrepresentation civil or strict liability for an unlawful 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.
10.3 Furthermore, neither BizAway nor any of its operators, managers, employees, representatives, subsidiaries, affiliated companies, affiliated providers, licence holders, 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 resulting from the loss of Vouchers, travel documents, residence permits or necessary 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 the issued ticket, absence of visa, etc.). BizAway is in no way obliged to verify the regularity, validity and existence of the requirements to use the Service, verification of which is the sole responsibility of the Customer and Passengers.
10.4 The Customer declares that he/she is aware and accepts that, in all cases set out in Article 7 of these T&Cs, it is the Provider’s responsibility to collect, withhold, send and pay to the competent authorities the applicable taxes, calculated on the basis of the total Reservation 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. PROTECTION OF PERSONAL DATA
11.5 The Customer accepts as adequate the security measures taken by BizAway in accordance with the requirements of Articles 32 et seq. of the GDPR.
11.6 The Customer undertakes to keep confidential any information regarding security policies, systems and procedures communicated to him/her by BizAway in accordance with the obligations under Article 28 of the GDPR.
12. COMMUNICATIONS 12.1 On registration, the Customer shall provide a valid e-mail address on which to receive notifications, including confirmation of the Reservation and the corresponding Vouchers. Notifications made to the address provided by the Customer shall be deemed to have been made personally to the Customer at the registered office. BizAway shall not be liable in any way for missed deliveries due to non-existent or incorrect e-mail addresses, (mobile) telephone numbers or credit card numbers, as BizAway is under no obligation to verify their existence or correctness.
12.2 BizAway disclaims all liability to the Customer for communications sent by the latter via the Platform and directed to the Provider. No claims can be asserted against BizAway in connection with requests or communications directed to the Provider, as BizAway cannot guarantee that such requests, following forwarding, will be received, read, taken over, executed or accepted by the Provider.
12.3 Any complaints or claims for compensation shall be 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 Reservation. Any complaint 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 by means of 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 anticipated by e-mail to firstname.lastname@example.org.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 BizAway is the exclusive owner of all right, title and interest 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 owner of such rights. The use of the content subsequently modified by the Customer shall result in the need for the Customer to assign, transfer and fully assign any 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 out in these T&Cs.
14. LAW, LANGUAGE AND APPLICABLE JURISDICTION – VALIDITY AND UPDATE OF CLAUSES
14.1 The T&Cs, and the performance of services rendered directly by BizAway, shall be governed by and construed in accordance with Italian law.
14.2 The parties shall endeavour to attempt to settle amicably any dispute that may arise between them. If it is not possible to reach an amicable settlement of the dispute, the dispute shall be resolved in accordance with Article 14.3, after, where appropriate, mediation or assisted negotiation procedures have been exhausted.
14.3 All disputes 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 drafted 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 provisions of these T&Cs are invalid or ineffective, it shall be replaced by a valid and effective provision that reflects the superseded one as closely as possible, without affecting the validity of the rest of the agreement.
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 provided in favour of BizAway shall be deemed to be cumulative and without prejudice to any further right or remedy that is provided by applicable law.
14.9 Unless otherwise agreed between the parties, the client authorises the use of its logo(s) on the BizAway website and other materials for informational purposes. Concomitantly, BizAway agrees not to use images and logos of the Customer in contexts that could compromise decorum or in situations that could damage the public image of the Customer.