Terms and Conditions

BolsenaTravel.com

Effective as of September 15, 2022

BolsenaTravel.com is a website owned and managed by E-LIFESTYLE IMPEX SRL located in Otopeni, Romania, C-tin Brancoveanu Street, no. 18B, RO-075100, VAT No. RO13428980, email: contact@bolsenatravel.com (referred to as Company). This document contains the general terms and conditions on the basis of which the use of the website https://bolsenatravel.com/ (referred to as Website) that provides content, consultancy services and other travel services in the region of Bolsena Lake is offered to the users (referred to as User) by the Company or Third-Party Provider.

INTRODUCTION

E-LIFESTYLE IMPEX SRL is the holder of exclusive property rights to BolsenaTravel.com including design elements, texts, graphics, pictures, 3D-objects, animations, videos, scripts, software, music, sounds and other objects and their compilations as well as databases generated as a result of use of those elements mentioned above. All trademarks, copyright, design, database rights and other intellectual property rights related to it, belong or it is licenced or duly assigned to Company. Neither of the provisions of this Terms shall entitle the User to use the company or website name, trademarks, domain names, social media names and other identification signs of the website or of its owner, licensor or assigner.

By signing up, accessing or otherwise using BolsenaTravel.com, including all associated features and functionalities, social media sites and user interfaces, as well as all content and software associated with theWebsite, these Terms and the applicable Privacy Policy will automatically apply to you. You should make sure therefore, that you read these Terms, our Privacy Policy and any other terms referenced in these documents carefully before using the Website. We may update our Terms and Conditions and our Privacy Policy from time to time. The most recent version of these terms shall at all times be accessible via our website. You are responsible for checking these Terms and Conditions and our Privacy Policy periodically for changes. If you continue to use the Website after the changes to these Terms and to our Privacy Policy have come into force, you are signifying your acceptance of the new terms.

IF YOU DO NOT AGREE WITH ONE OR MORE PROVISIONS OF THESE TERMS OR WITH OUR PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE IN ANY MANNER AND YOU SHOULD REFRAIN FROM PURCHASING THE PRODUCTS PRESENTED ON THE WEBSITE.

USER, COMPANY AND THIRD-PARTY PROVIDER

The User is any person of legal age who access and use the Website for information or purchasing products offered by Company or Third-Party Providers. In case of Consumers, the User is designated hereinafter as End User.

The Website is a digital travel advisory platform managed by the Company which enable the Users to purchase products offered by the Company or Third-Party Provider. If the products are offered by a Third-Party Provider, Company is not party to the relationship between User and Third-Party Provider and therefore shall not be under any liability resulting from such relationship. In this case Company shall be considered only as a mere technical operator of the Website. Therefore, any contract between Third-Party Providers and Users is not subject of these Terms.

Company offers on the Website travel consulting and itinerary planning, private tours, vacation packages and loyalty cards to use in selected locations around the Bolsena Lake.

PURCHASE POLICY

In the Online Store section of the Website the User can place an order either by creating a User Account or without User Account by adding the products in the shopping cart and processing with the payment. For services offered by Company such as itinerary planning, private tours or others the User receives a quotation upon request describing in detail the quoted services, prices, payment and delivery terms and any other relevant information to provide the service. The User orders the services by expressly accepting the quotation.

In case the User created a User Account, he is solely responsible for the security of the own User account and any activities performed under his account, whether or not such actions were authorized by him.

All products offered on the Website are described in detail within the relevant product pages (features, quality, availability, price, delivery and execution times, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published on the Website and the products may occur. Furthermore, the images of the products shall be considered as a mere representation and do not constitute a contractual feature.

Any order performed by the User on the Website for products offered by Company is subject to the confirmation or the acceptance of the Company. Therefore, Company has the right to accept or refuse an order placed by the User at its discretion. Accordingly, the User is not entitled to complain about Company’s decision for any reason. The contract or delivery of the purchased product is deemed to be concluded with the Company’s acceptance of the User’s purchase. Company shall inform the User regarding the acceptance by sending an order confirmation by email. The confirmation shall contain date of the order, User’s data, description of the product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and/or taxes, if any, delivery and execution times, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.

Purchases are permitted only to natural persons of legal age. For minors, any purchase of products through the Website shall be examined and authorised by the parents or those exercising parental authority.

In the event that the product is not available, Company shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is understood that the contract shall be deemed as concluded only with reference to the products accepted by the Company.

The User shall verify the correctness of the data reported in the order confirmation and immediately notify Company of any errors. The User shall keep a copy of the order, of the confirmation and of the purchasing terms.

PRICES, PAYMENTS AND BILLING

All prices are in EUR, including applicable VAT. If the price cannot be calculated in advance, due to the nature of the product, the methods for calculating the price shall be indicated. Furthermore, all possible taxes, additional costs which may vary depending on the payment method used shall be indicated. If these expense items cannot reasonably be calculated in advance, there shall be an indication of which expenses to be charged to the User.

Company reserves the right to change the price of the products as well as any additional costs at any time. Price changes shall in no case affect the purchases already concluded before such change.

The User undertakes to pay the price of the product within the time and methods indicated on the Website and to communicate the information requested. Company uses third-party providers for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).

Should these third-party providers deny payment authorisation, Company will not provide the products and cannot be held responsible in any way.

The User who intended to receive the invoice for the purchase shall provide Company with the billing information. In this case, the User declares that the information provided is true and releases Company from any liability in this regard.

DELIVERY

For products purchased in the Online Store section of the Website the delivery will take place digitally by downloading the product or sending a link by email.

For products purchased upon quotation, Company shall provide the products to the User, in the manner and at the time indicated and detailed in the order confirmation. In the event that it is not possible to deliver the products within the aforesaid terms, Company shall promptly notify the User via e-mail, indicating the expected time of the delivery or the reasons that make the delivery impossible. If the User does not intend to accept the new term or the delivery has become impossible, he can request the refund of the paid amount. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which Company became aware of refund request.

WITHDRAWAL

The End User who, for any reason, is not satisfied with the product, has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 days from the date of the contract, by sending an email to contact@bolsenatravel.com by mentioning name and surname, address, email-address, product name and description, date of purchase and value of purchase.

For digital products in the Online Store section of the Website where the delivery takes place instantly, after the payment was confirmed, there is no right of withdrawal for the End User.

In case of withdrawal in due time, Company shall refund the payments received from the User. The refund shall be paid promptly with the payment method used for the purchase, within a maximum of 14 days from the date on which Company became aware of the refund request.

If the End User purchased the provision of a service, the End User acknowledges and agrees to lose the right of withdrawal after the complete provision of the service if the service began with his express agreement and with the acceptance of losing the right to withdrawal after the service has been performed. Furthermore, the End User acknowledges and agrees to lose the right to withdrawal in case he has requested the service to begin during the withdrawal period. If the provision of the service has not been completely carried out and the End User intends to withdraw from the contract, the End User remains obliged to pay to Company an amount proportional to what has been executed up to the moment in which the right of withdrawal has been exercised.

PROPRIETARY RIGHTS

The Website includes a variety of content, marks, data, works, code, designs and material of Company and third parties (hereinafter together referred to as the Content), including but not limited to logo’s, trademarks, look & feel, trade names, layouts, information, text, data, codes, sounds, video, images, 3D-objects, scripts, functionality, designs, graphics, button icons, instructions, and illustrations.

Unless otherwise specified in writing, all Content is owned, assigned, controlled, or licensed by the Company or its licensors or assigners. All Content is copyrighted under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The trademarks, the logos and designs may not be used withoutCompany express written permission. You agree not to use, display, copy, reproduce, distribute, republish, upload, download, post, transmit, mirror, modify the content, or otherwise, or in any way exploit for personal gain in violation of the intellectual property rights of the Company or any other third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

COMPANY PROVIDES THE WEBSITE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (INCLUDING THIRD PARTY MATERIALS) „AS IS”, WITH ALL FAULTS AND „AS AVAILABLE”. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, TITLE, SATISFACTORY QUALITY, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS AND NON-INFRINGING WITH RESPECT TO THE FEATURES, PRODUCTS OR ANY INFORMATION PROVIDED THEREIN. COMPANY DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE OR AVAILABLE AT ALL TIMES, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE RESULTS, INFORMATION OR OTHER CONTENT THAT ARE AVAILABLE ON OR THROUGH THE WEBSITE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. COMPANYASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE, NONUSE OR MISUSE OF THE WEBSITE. COMPANY IS NOT OBLIGATED TO SUPPLY ANY SUPPORT WHATSOEVER. YOU MAY RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF ANY LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE, NONUSE OR MISUSE OF THE WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS THROUGH THE WEBSITE, WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE WILL NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE NOR RESPONSIBLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF COMPANY SHALL CREATE A WARRANTY. WE MAY DISCONTINUE OR CHANGE ANY SERVICE OR FEATURE OF THE WEBSITE IN OUR SOUL DISCRETION AT ANY TIME AND WITHOUT PRIOR NOTICE.

LIMITED LIABILITY

THE USER AGREES THAT COMPANY, LICENSORS, ASSIGNERS, ITS AFFILIATES, STAFF, AGENTS, REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STAFF AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, PROFITS, GOODWILL, OTHER ECONOMIC ADVANTAGES, LOSS OF DATA, OTHER INTANGIBLE LOSSES OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS, TO YOUR USE, NONUSE OR MISUSE OF THE WEBSITE, OR FAILURE OF THE WEBSITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT (INCLUDING THIRD PARTY MATERIALS) OR PRODUCT OR FROM YOUR RIGHTS UNDER THESE TERMS OF USE, PRIVACY POLICY OR ANY APPLICABLE ADDITIONAL TERMS, WHETHER BASED ON CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BY ANY OTHER CAUSE WHATSOEVER.

USER’S SOLE AND EXCLUSIVE REMEDY IN CASE OF DISSATISFACTION IS TO STOP USING THE WEBSITE. THE CUMULATIVE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OR MISUSE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR STRICT LIABILITY OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESSING OR USING THE WEBSITE OR PURCHASING THE PRODUCTS OR SERVICES COMPANY OFFERS FOR SALE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE USER AGREES THAT COMPANY HAS NO LIABILITY FOR ANY FRAUDULENT OR ILLEGAL USE OF CREDIT CARDS AND OTHER MEANS OF PAYMENT THAT MAY BE MADE BY THIRD-PARTIES, AS COMPANY DOES NOT ENTER IN ANY WAY IN CONTACT WITH THE PAYMENT DATA USED TO PAY FOR THE PURCHASE (CREDIT CARD NUMBER, HOLDER NAME, PASSWORDS, ETC.).

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, LICENSORS, ASSIGNERS, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, OR YOUR USE, NONUSE OR MISUSE OF THE WEBSITE.

WAIVER

No delay or omission by Company to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this agreement shall impair any such right or power or be construed to be a waiver thereof. Unless stated otherwise, all remedies provided for in this agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

UNENFORCEABILITY

If any provision of our Terms and Conditions, our Privacy Policy and others or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws. The remaining Terms of Service, our Privacy Policy and other terms referenced herein shall survive and remain in full force and effect and continue to be binding and enforceable.

FORCE MAJEURE

Company shall not be deemed in default hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to: act of God, earthquake, flood, or other natural disaster, power failures, server failures, network failure, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, pandemic, riots, insurrections, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree (referred to as a “Force Majeure Event”)

LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to third-party websites or applications. Company has no control over third-party websites or applications and, therefore, is in no way responsible for the contents of these websites or applications.

Some of these links may link to third-party websites or applications that provide services for the User through the Website. In these cases, the general terms and conditions for the use of the linked third-party websites or applications and for the use or purchase of the services offered by the third parties will apply to the User, with respect to which Company assumes no responsibility.

GOVERNING LAW

This Terms and Conditions, our Privacy Policy or other terms referenced herein will be governed by and interpreted in accordance with the laws of Romania without regard to any conflict of laws principles. Any disputes arising from or in connection with this Agreement and the Service will be submitted to the exclusive jurisdiction of the courts in Bucharest, Romania.

If a dispute arises between you and the Company, we strongly encourage you to first contact us directly to seek a resolution. You can contact us via contact@bolsenatravel.com.

You expressly agree to waive any right to have a trial by jury against Company. You expressly agree to act only in your individual capacity and not to bring any claim as a plaintiff or a class member in any purported class or representative proceedings against the Company.

ONLINE DISPUTE RESOLUTION

For End Users (identified as Consumers) residing in the EU the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by End Users to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the End User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

MISCELLANEOUS

Company has the right to assign this Agreement at its sole discretion. The terms of this Agreement shall be binding upon assignees.

You may not assign, subcontract, delegate, or otherwise transfer by you any or your rights or obligation herein. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

CHANGES AND TERMINATION

These Terms, our Privacy Policy and other terms shall remain in full force and effect while you use the Website. All provisions related to any breach of these Terms by you will survive the termination of the Terms.

Company may at any time, in its sole discretion, cease the operation of the Website or any part thereof, temporarily or permanently, modify, amend, enhance, improve and make any other changes to the Website or to the products offered or discontinue displaying or providing any information or features therein, without notice or liability. You agree that Company does not assume any responsibility with respect to, or in connection with the change or termination of the Website operation and loss of any data and shall not be required to provide refunds, benefits or other compensation with such change or termination of the Website.