Terms and Conditions
Latest update: February 18, 2020
These Terms govern
- the use of this Website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
Discovery Embassy B.V. – Zaagmolenstraat 18 II, 1052 HD Amsterdam
Owner contact email: [email protected]
“This Website” refers to
- this website, including its subdomains and any other website through which the Owner makes its Service available;
- the Service;
- any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
Lake Como has been cherished by many since the dawn of time. What really strikes is the perfect mix between nature and urbanism, which combined makes a divine charm, even during the busy summer tourist season.
What the User should know at a glance
- Usage of this Website and the Service is age restricted: to access and use this Website and its Service the User must be an adult under applicable law.
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
- Users must be recognized as adult by applicable law;
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Website – All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.
Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.
While Products on this Website are presented with the greatest accuracy technically possible, representation through photos, images, colors, sounds or any other means is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps needed from Product choice to order submission, form part of the purchasing process.
The purchasing process includes these steps:
- Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
- Users may review their purchase selection, modify, remove or add items.
- Users will be required to specify their contact details and a payment method of their choice.
- During the purchasing process, Users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
- After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.
To submit the order, Users must accept these Terms and use the respective button or mechanism on this Website, hereby committing to pay the agreed-upon price.
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed:
- either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the Website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
Other payment methods – if any – are independently provided by third-party services. In such cases this Website collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
During the visit of this Website the User may elect to engage in a transaction involving the purchase of a product or a service. To serve the User most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. All transactions are processed through a highly secure and encrypted system. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If the User is concerned about online credit card safety, in most cases a telephone number will be made available so the User can call the Owner and place the order by phone. The Owner and the Website cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that the Owner and the Website are not responsible for such errors or discrepancies.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.
Passports, visas, documents
All travelers, without exception (including babies and persons under 18 years of age), shall carry valid documentation, whether passport or National Identification Document (for those countries where passport is not required), and be provided, prior to travel, with any visa, permit, vaccination certificate, etc., that is considered necessary for the trip. The User is held solely responsible for obtaining these documents and complying with requirements, and this Website cannot accept any type of responsibility derived from these concepts.
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
The right of withdrawal does not apply on this Website
Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over this Website due to the nature of its offering.
Customers will receive a full refund in the form of voucher or a 90% cash refund for any tour canceled at least 48h prior to the scheduled tour date. A full refund in the form of voucher or a 90% cash refund is also offered for any operator’s cancellation due to weather or other unforeseen circumstances. In case of cash refund, an administrative fee of 10% cannot be refunded.
We are unfortunately unable to refund missed tours or tours that are not canceled ahead of time. When possible, we will work with the customer to reschedule a tour.
If you have any questions or concerns, please contact us via email at [email protected] or WhatsApp at +39 351 703 0450.
Liability and indemnification
General disclaimer and limitation of liability
While this Website uses reasonable efforts to include accurate and up-to-date information, the Owner makes no warranties or representations as to the accuracy of the content and assumes no liability or responsibility for any error or omission in the content. This Website does not represent or warrant that use of any content will not inadvertently infringe the rights of third parties. This Website has no responsibility for actions of third parties or for content provided or posted by others.
Use of this Website is at your own risk. All content is provided “as is” and “as available.” Neither this Website nor any of their affiliated or related companies, nor any of the past, present or future employees, officers, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding the site, the content, any advertising material, information, products or services available on or through the site, and/or the results that may be obtained from the use of this Website or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the Website will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. This Website and the affiliates of the foregoing are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property.
In no event shall this Website, including their affiliates, employees, officers, agents, content providers and licensors, be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content of this Website, or any errors or omissions in the content, even if advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless, this Website, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of the site; (2) this Website’s use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your membership account, even if not posted by you; (4) your participation in any of the food and cultural walking tours offered through this Website; and (5) any violation of this agreement by you.
Waiver and Release of Claims
By virtue of purchasing tickets for and/or participating in the sightseeing and gastronomy experiences offered by this Website, and in consideration of being allowed to purchase said tickets and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you understand, acknowledge, represent, warrant and agree as follows, with the knowledge that this Website will rely on the same:
- Your desire to participate in the sightseeing and gastronomy experiences and experiences offered by this Website (the “Tours”);
- You are in good health and suffer from no minor or serious physical or mental injury, illness or disability that would make you especially susceptible to injury or disability while performing any activity contemplated by this Agreement;
- You fully comprehend and accept all the risks associated with your participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death;
- You grant to Company and Company’s assigns the irrevocable, sub-licensable right and authority to use your name, likeness, photograph and/or picture for any and all commercial or noncommercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to you;
- Your participation in the tours is at your own sole risk. You, on behalf of yourself and/or any person or entity claiming through or on your behalf, hereby forever and unconditionally release and discharge this Website, this Website’s related and affiliated entities, the present and former employees, owners, officers, members, managers, partners, contractors, insurers, representatives and agents of the foregoing (collectively, “released parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses in any way arising out of, or resulting from, your participation in the tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to you, to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of this Website or any of the released parties. You, on behalf of yourself and/or any person or entity acting through or on your behalf, further agree to defend and indemnify the released parties, and to hold the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorney’s fees) and losses of any kind or nature whatsoever in any way arising out of, or resulting from, your participation in the tours.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes solely by posting such changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 30 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
DEFINITION AND LEGALS REFERENCES
This Website (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by this Website as described in these Terms and on this Website.
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Website.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.