Last updated: March 2023
1. ACCEPTANCE OF TERMS AND ACCESS TO THE WEBSITE
2. PURPOSE OF THE WEBSITE
IlmioViaggio INC has created the following Website to offer Users a booking service and activities, excursions, and guided tours in different countries worldwide.
IlmioViaggio Inc informs that the activities, excursions, guided tours, and transfers are services offered by third-party legal entities that collaborate with IlmioViaggio (hereinafter referred to as the “Suppliers”). THROUGH THE ILMIOVIAGGIO INC WEBSITE, EXCLUSIVELY OFFERS A RESERVATION SERVICE FOR ACTIVITIES, EXCURSIONS, GUIDED TOURS WORLDWIDE THAT ARE CARRIED OUT DIRECTLY BY THE SUPPLIERS.
In general terms, the provision of services offered by Ilmioviaggio Inc will be formalized between the User and Ilmioviaggio Inc, although for certain Suppliers and services, Ilmioviaggio Inc offers its website only as an online platform through which Suppliers offer their services for users to book. The activity voucher will indicate the mode of the booked service.
In this latter case, when the User makes the booking, a contractual relationship is established between the User and the Supplier regarding the booking details, and the User is sent a confirmation email of the booking on behalf of the Supplier.
3. BOOKING WITH ILMIOVIAGGIO INC
To make a booking on the Website, the User will need to provide their personal information (name, surname, email, mobile number) or the details of the person on behalf of whom the booking of the activity or transfer is being made, so that Ilmioviaggio Inc can manage the User’s reservation.
Users can create their own Account by completing a registration form provided on the Website. Through the account, the User can create a profile that will enable them to have a private area through which they can manage all the bookings made on the Website.
Users will have full responsibility for the use of their account. Therefore, they will be solely responsible for the custody of their information that allows access to the account and undertake not to disclose the use of such data to third parties for access, whether temporarily or permanently.
In accordance with the aforementioned, if the User becomes aware that they no longer have control over their account, they must report it to the following email address: firstname.lastname@example.org, providing the associated account name, password, identifying ID, and the reason for the account change or cancellation. IlmioViaggio Inc will then take appropriate action. If this type of incident is not reported, Ilmioviaggio Inc will be exempt from any liability that may arise from the unauthorized use of the Username or Password by unauthorized individuals.
4. SPECIFIC CONDITIONS FOR BOOKING ACTIVITIES, EXCURSIONS, AND GUIDED TOURS
The reservations made by each User through the Website are subject to the specific conditions of each activity, excursion, or guided tour.
4.1 General conditions applicable to all bookings
In general, bookings for activities, excursions, and guided tours offered by IlmioViaggio Inc on the Website are subject to the following conditions:
The dates and times of the activities, excursions, and guided tours published on the Website have been set by the Suppliers and cannot be modified. It is only possible to change the date and time privately, where the user must contact the respective company and provide their details. The User may modify the booking details if the conditions allow it. To make changes, the User can go to their private section and click on “Bookings”. 4.2 SPECIFIC CONDITIONS OF THE BOOKED ACTIVITY, EXCURSION, OR GUIDED TOUR
The meeting point, date, time, duration, and all the necessary information for the completion of the booked activity, excursion, or guided tour are indicated on the Website in the descriptive page of each service, as well as in the confirmation email that IlmioViaggio Inc will send to the User after making the booking.
In the confirmation email, along with all the necessary information about the booked service, IlmioViaggio Inc may send the User a voucher for the activity, excursion, or guided tour or inform the User upon receiving a confirmation email, which the User can present to the Supplier before the start of the activity or at the end, according to the conditions established by the Supplier.
It is essential for Users to be punctual and arrive at the meeting point on the date and time indicated in the voucher since all activities, excursions, and guided tours are scheduled to start at specific times, and it is not possible to change the start time.
The duration of the activities, excursions, and guided tours published on the Website is indicative and may undergo slight variations based on the progress of the service or any external factors beyond the control of the Supplier and/or IlmioViaggio Inc, such as adverse weather conditions, traffic problems, strikes, etc.
Once the destination is reached, if Users want to request information about the booked service, particularly about the meeting point for the activity, excursion, or tour, they can contact the Supplier using the phone number provided in the voucher sent by IlmioViaggio Inc as a confirmation of the booking.
IlmioViaggio Inc informs that the Supplier may require the presentation of the confirmation voucher before the start of the activity. IlmioViaggio Inc assumes no responsibility if the User fails to present this voucher to the Supplier.
5. SPECIFIC CONDITIONS FOR TRANSFER BOOKINGS
Each of the transfer services offered by Ilmioviaggio Inc on the Website is subject to specific conditions, which Users can consult on the Website in the description tab of the chosen transfer (on the Website) or in the email sent by Ilmioviaggio Inc as a booking confirmation.
Notwithstanding the above, Users must take note of the following terms:
Private service: The transfer service offered by Ilmioviaggio Inc is private, therefore the vehicle can only be used by the Users who have booked the service and not by third parties. Seating capacity in vehicles: The number of seats indicated on the website corresponds to the maximum number of people who can travel in the vehicle, excluding the driver. Children are considered as occupying 1 seat per child. Appointment time: For all transfers departing from the airport, the User must indicate the landing time of their flight. For transfers departing from a specific location at the destination, the User should only indicate the desired pick-up time. Modification of transfer service: Users can modify the transfer service only if the conditions of the booked service allow it. In such cases, Users can make the corresponding modification by accessing a link provided by Ilmioviaggio Inc in the booking confirmation email or within the User’s Account. Contact with the driver: In the booking confirmation email sent by Ilmioviaggio Inc, the name, email, and emergency contact number of the Supplier (or driver) will be provided so that the User can get in touch in case they are unable to locate the driver or encounter any issues. Stops along the route: If Users need to make stops along the route (for example, if the passengers being transported are staying in different hotels or if it is necessary to pick up keys to enter an apartment), additional charges may apply, which can vary depending on the city. Destination location: If the destination is located outside the city center, an additional fee may apply for the transfer. Changes to the agreed route: If the User wishes to modify the agreed-upon route, an additional fee for the new route may be required. The additional cost will be borne by the User.
6.ECONOMIC CONDITIONS OF BOOKINGS
The booking of Ilmioviaggio Inc’s services will be formalized when the User has completed and accepted the activity or transfer booking form, and it will be confirmed after the booking process and successful payment execution.
The prices will be those indicated by Ilmioviaggio Inc at the time of booking the chosen activity or transfer by the User. All services require immediate confirmation and will be paid at the time of booking using a credit or debit card (Visa, Mastercard, American Express) or PayPal.
In general, Ilmioviaggio Inc charges the full amount for the activity, excursion, guided tour, and/or transfer booked by the User on the Website.
These prices are expressed in Euro (€), Dollars ($), British Pounds (£), Mexican Pesos ($), Argentine Pesos ($), Peruvian Soles (S/), or Brazilian Reais (R$), taxes included. The total amount will be indicated at the time of confirming the service agreement.
In general, Ilmioviaggio Inc does not apply discounts for the provision of its services unless stated otherwise in the conditions of the corresponding activity, excursion, guided tour, and/or transfer.
After making the booking, the User will receive an email with an attached receipt confirming the payment for the booked service. This receipt does not constitute an invoice for the payment of the service. Once the booking process on the Website is completed, the User can request the issuance and sending of an invoice.
7. CANCELLATION POLICY
Each of the services offered by Ilmioviaggio Inc on the website (activities, excursions, guided tours, and transfers) follows a specific cancellation policy, which Users can consult both on the activity description page (on the website) and in the confirmation email sent by Ilmioviaggio Inc after the booking has been made.
Each of the services advertised by Ilmioviaggio Inc on the website (activities, excursions, guided tours, and transfers) has a specific cancellation policy, which each User can consult in the activity description (on the website) as well as in the confirmation email sent by Ilmioviaggio Inc at the time of booking.
Each service will have its own cancellation conditions, which will establish the cancellation deadline and whether any penalty costs will apply.
In the event that the Supplier is not available for the booked date, the User will be informed and, if possible, an alternative date and time will be offered. In the event of no response from the User within the deadline set by the Operator or refusal of the proposed alternative, the booking will be canceled, and the booking amount will be immediately refunded to the User.
8. BEHAVIOR ON THE WEBSITE
In particular, but not limited to, Users must not:
- Register or provide untrue, inaccurate, incomplete, and/or outdated information, access the website using the name, identifying information, or password of other users, or use the identity of another person.
- Use the website for fraudulent purposes or for any criminal or illegal activities of any kind.
- Introduce or spread computer viruses that may cause unauthorized alterations to the website’s content or integrated systems.
- Create an account or use the website to use or reuse any illegal, offensive, pornographic, indecent, defamatory, obscene, or threatening material of any kind, or material that infringes any copyright, trademark, confidentiality, privacy, or any other rights, or that is reprehensible and harmful to third parties.
- Download, send, or distribute content or applications in any way that is not in compliance with current legislation and in violation of any civil rights.
Ilmioviaggio Inc reserves the right to refuse access to the website or delete accounts in cases where misuse of the website is detected, as established in this clause.
Subject to the liability related to package tours subject to the provisions of the “Consumer and User Protection Law,” Ilmioviaggio Inc declares, for informational purposes and without limitation, that it will not be held responsible for the following circumstances:
- Cancellations made by the User outside the cancellation period. Ilmioviaggio Inc will not be responsible for refunding the amount to Users if the cancellation terms specified in the cancellation policy for each service have not been adhered to.
- Delays and errors made by Users in reaching the meeting point of the booked activity, excursion, guided tour, and/or transfer. Ilmioviaggio Inc assumes no responsibility if the User misses the activity or transfer due to lack of punctuality and/or failure to arrive at the designated meeting point.
- In cases where the Provider denies the User access to the corresponding activity, excursion, and/or guided tour when the User does not have the voucher in paper format or downloaded in digital format on their mobile device (as required by the provider).
- Damage and theft that cause harm to the User and their belongings during the activity, excursion, guided tour, and/or the use of the booked transfer service.
- Injuries, damages, and harm suffered by the User during the activity, excursion, guided tour, and/or private transfer, as well as injuries, damages, and harm suffered by the User prior to the service, preventing them from participating.
- All cases where the booked transfer vehicle does not arrive at the meeting point when the information provided by the User regarding the timing and meeting point is incorrect.
- Missed flights, trains, buses, or any other mode of transportation due to the failure to request the transfer service with the recommended advance notice from Ilmioviaggio Inc. The User is solely responsible for providing information about their departure time for the flight/train/bus and requesting the pick-up service promptly.
- Weather conditions under which the Operator cannot carry out the activities, excursions, and guided tours booked by Users. In none of these cases will Ilmioviaggio Inc be held responsible for such circumstances, and therefore, the service will be considered properly executed.
- The quality and suitability of the service booked by the User.
- In cases where activities, excursions, or guided tours are carried out following the indicated points of interest, although the duration has undergone a slight variation due to any factor beyond the control of the Provider and/or Ilmioviaggio Inc. In this situation, it will be determined that the service has been properly implemented.
- Requests and complaints related to the service booked by the User, which must be handled by the Service Provider; Ilmioviaggio Inc may collaborate with the User to fulfill their requests.
In cases where the User books services directly with the Provider, Ilmioviaggio Inc will not be responsible for:
- Fulfilling any kind of tax obligation and consideration related to the provision of the Provider’s service. Ilmioviaggio Inc disclaims any tax responsibility for services provided by the Provider.
Ilmioviaggio Inc does not provide any warranty and is exempt from liability for damages of any kind arising from the access and use of the content or the website. By way of example but not limited to, Ilmioviaggio Inc is not responsible for the following circumstances:
- Unavailability, management, and effective functioning of the website and/or its services and content, as well as damages of any kind caused by the availability or continuity of the website’s operation.
- All technical issues caused by third parties or force majeure that hinder the proper functioning of the website.
- Force majeure events, such as technical problems or interruption of services or website usage, due to internet blocking, acts or omissions of third parties, or any other cause or circumstance beyond the control of Ilmioviaggio Inc that prevents the normal use of the website.
Ilmioviaggio Inc reserves the right to make any modifications it deems appropriate to these Terms and Conditions of Use, which will be communicated to Users in advance. Such modifications will become effective upon their publication on the Website.
11. OUR NEWSLETTER
To receive our newsletter, you must provide us with your email address through the relevant form on our website or app. By providing your email address through the relevant form, you give your consent to regularly receive our newsletter. Users have the right to unsubscribe from the newsletter at any time. To exercise the right to unsubscribe, please inform us via email@example.com or click on the relevant button as provided in each newsletter. We will send you a confirmation of your notification as soon as possible, but in any case, within 5 days.
13 INTELLECTUAL PROPERTY
Except for (hyper)links to third-party websites and notwithstanding the rights of third parties (e.g., product manufacturers), Ilmioviaggio Inc is the sole owner of all intellectual property rights relating to the website, the app, and its services or products, including but not limited to patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, proprietary rights, photographs, and processes (“Intellectual Property Rights”).
Except for (hyper)links to third-party websites and notwithstanding the rights of third parties, Ilmioviaggio Inc grants its users a non-transferable, non-exclusive, non-sublicensable, free, and revocable license for personal and non-commercial use of the website and the app. The user is not authorized to access the content of the website and the app for any other purpose, such as selling or distributing the content of the website and the app.
The license entails, for example, that users – regarding our website, app, and the content made available through them – will not, nor allow third parties to do so on behalf of users: (i) create and distribute copies, (ii) attempt to sell, distribute, copy, rent, sublicense, merge, reproduce, alter, modify, decode, decompile, transfer, exchange, translate, hack
14. AVAILABILITY OF THE WEBSITE AND APP, DISCLAIMER OF WARRANTIES
The Website and the App are available on desktop computers, tablets, and smartphones. Ilmioviaggio Inc will make every effort to ensure the availability of the website and the app at all times. However, the User acknowledges that the Website and the App are provided through the internet and mobile networks, and therefore the quality and availability of the Website and the App may be influenced by factors beyond the reasonable control of Ilmioviaggio Inc.
Ilmioviaggio Inc assumes no responsibility for the unavailability of the Website and the App, or for any difficulty or inability to download or access the content, or for any other communication system failure that may result in the unavailability of the Website or the App.
Ilmioviaggio Inc will not be responsible for any support or maintenance in relation to the Website or the App. Ilmioviaggio Inc may, at its discretion, update, modify, or adapt the Website or the App and its features from time to time to improve the user experience. This may result in downtime for which Ilmioviaggio Inc is not responsible.
To the maximum extent permitted by applicable law, Ilmioviaggio Inc disclaims all implied warranties regarding the availability of the Website and the App. The Website and the App are provided “as is” and “as available” without warranties of any kind.
Users will indemnify, defend, and hold Ilmioviaggio Inc harmless from and against all liabilities, damages, and costs (including transaction costs and reasonable legal fees) arising from third-party claims relating to:
a) any injury or damage arising from the User’s conduct related to the use of our Website or App; and
b) User’s violation of these Terms, any agreement with Ilmioviaggio Inc, or violation of any applicable law, regulation, or order.
The invalidity or unenforceability of any provision of these Terms or any agreement with Ilmioviaggio Inc shall not affect the validity or enforceability of any other provision of these Terms or agreement. Any invalid or unenforceable provision shall be replaced or deemed replaced by a valid and enforceable provision, the interpretation of which shall be as close as possible to the intent of the invalid provision.
17. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed and interpreted in accordance with the laws of the United States.
Unless mandatory law provides otherwise, all disputes arising out of or in connection with agreements with Ilmioviaggio Inc or these Terms shall be exclusively submitted to the competent court of New York City, United States, unless the dispute cannot be resolved amicably.
18. COMPLAINTS, COMMENTS, AND SUGGESTIONS
We strive to provide you with an optimal service. If you have a complaint, comment, or suggestion, you can contact us at firstname.lastname@example.org. Please provide your contact details, a clear description, and the reason for your complaint. Complaints are generally processed within 5 days. You can also file a complaint by mail to the following address:
235 W 56 Street, suite 21D
New York ( NY) 10019