Terms and conditions of use of the bizaway platform
- Scopo del servizio
- Registrazione e accessi
- Obblighi di BizAway
- Obblighi dei clienti
- Protezione dei dati personali
- Diritti di proprietà intellettuale
- Legge, lingua e foro applicabile – Validità e aggiornamento delle clausole
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 “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 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 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 “BizzyFlex” indica che prevede, in caso di mutamento della Prenotazione, la possibilità di ottenere il rimborso di tutta o parte della Tariffa a seconda delle condizioni di vendita di volta in volta indicate.
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 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 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 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 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 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.
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; withholding taxes that may be applied to the relevant payment.
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. 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 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 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, 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 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 this agreement, the customer declares that he/she has read and accepted the content of the privacy compliance documentation indicated in the preceding paragraphs.
11.6 The Customer accepts as adequate the security measures taken by BizAway in accordance with the requirements of Articles 32 et seq. of the GDPR.
11.7 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.
12.1 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 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 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 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.