Tripsy Terms and Conditions
1) Introduction/ Terms of Service.
These Terms and Conditions regulate the use of the website www.tripsy.it for the user, regulate the relations between users and define the rights and obligations held by Tripsy S.r.l.s .
The user show the will to accept the following Terms and Conditions and agrees to respect them by any of the following behaviours:
– by registering on the Site;
– using the Site and the services it offers;
It is recommended to have a thorough understanding of the contents of these general Terms and Conditions, because they are applied to all our services.
Tripsy asks, therefore, at the start of each booking procedure and/ or registration on the Site, to declare to have read, understood and accepted the terms and conditions set out below.
According to and for the purposes of these Terms and Conditions the following definitions are considered. All terms used in the singular are also valid if used in the plural and vice versa:
• Account, profile created by the user when registering on the Site;
• Customer, the user who uses the site and its functionality even to book and/ or buy one or more experiences;
• General Terms, these Terms and Conditions;
• Site, the website www.tripsy.it and all the services it manages;
• Tripser, the User using the Site and its functionality and authorized to propose and/ or selling Experience;
• Tripsy, Tripsy S.r.l.s. with registered office at Viale Verdi 116, 41121 Modena, P. IVA 03585280369, REA number MO-400 645;
• User, those who, whether they are Customers or Tripsers, use the Site and its functionality, having accepted the general Terms and Conditions.
3) Description and Purpose of the Service.
Through this Site, Tripsy provides an online platform where the user may offer and sell to other users the participation in one or more Experiences, or view and buy from other users the right to participate in one or more Experiences.
Tripsy, through the Site, provides a virtual space in which users can organize, sell and purchase the right to take part in certain Experiences, therefore, Trispy assumes the role of a mere intermediary between Customer and Tripser. Tripsy is not part of any contract between Customer and Tripser.
Although Tripsy provides the service with the greatest care and attention, it is not able to verify and ensure the accuracy, completeness or accuracy of the information. Each Tripser is responsible at all times for the accuracy, completeness and correctness of the information, including rates and availability displayed on our website.
4) Registration on the Site
In order to use some of the functionality of the Site and, certainly for the proposal and/ or the reservation of experiences, users will need to register on the Site, creating its own Account, communicating a personal email address and defining their credentials (username and password ) to be used to access the personal area of the Site.
Users can also register by logging to the website with their social network accounts of third parties.
By creating an Account, Users agree to:
– Provide true and complete information and to keep them updated;
– Conserve diligently their credentials and prevent its use by unauthorized third parties;
– Inform Tripsy in case third parties acquire knowledge of the credentials or use them;
– Does not create more than one Account or create a new one without first disabling the previous and having informed Tripsy;
– Release Tripsy from any and all prejudice may result from violation of the above points.
Tripsy reserves the right not to activate, remove or terminate a User Account when it considers, in its sole discretion, that from the behaviour of the same can derive prejudice/ damage to Tripsy or to third parties.
Registration requires the examination and then the acceptance of these Terms and Conditions, as well as knowledge and acceptance of the rules that will govern the relationship between Tripsy and User.
5) Experiences Offer by the Tripsers
The Experiences on the Site will be proposed by registered users as Tripser.
The Tripser, with the registration, declares that he has accepted the General Conditions, including the provided repayment arrangements after cancellations of experiences.
Through the features of the Site, the Tripser can create advertisements of Experiences that include description of the contents thereof, the place, the duration, the number of participants, costs and information about any additional costs.
Tripsy does not prior check the content of the offers available, therefore, the Tripser agrees to be solely responsible for the proposals of the Experiences, as well as their organization.
The Tripser declares and guarantees that the activities do not violate any rights of any third parties and will comply with all applicable laws and regulations.
When giving activities that are part of the Experience, the Tripser agrees to follow the details given in the advertisement, and summarized in the accepted booking request.
The Tripser expressly releases Tripsy from any claim or demand of the Customer or third parties in relation to the Experience subject of the transaction.
6) Booking of Experiences
Users can view the services offered and the experiences proposed without the requirement to register on the Site. If interested in booking an experience, the user has to register on the Site in the manner already specified.
6.2) Booking Procedure
The reservation will be done with a special online features of the Site, through which the customer can choose the experience, specify the date and number of participants and, finally, send the inquiry. With the reservation request, the Customer authorizes the payment that will be executed upon confirmation of the booking by the Tripser. Together with the booking request, the customer agrees to provide Tripsy, or the third party that processes payments (e.g. PayPal), the usual billing information and credit card details, by authorizing Tripsy, or the third party that processes payments (e.g. PayPal), to collect the total price of the experience at the time of the confirmation of the booking by the Tripser. The Customer agrees that Tripsy, in the name and on behalf of the Tripser, has the right, in its sole discretion, to obtain a pre-authorization by credit card for the total price of the experience, or charge the credit card a symbolic nominal amount, in order to verify the credit card.
Tripsy can not check any fees charged to the Customers by their bank for the collection of the total price of the experience, and excludes any responsibility on its own in this regard.
If the Customer is directed to a third party for processing the payment, the same may be subject to the terms and conditions governing the use of the services and the acquisition practices of personal data of that third party.
6.3) Confirmation of booking
The transaction is effective only if the Tripser confirms the booking of the Experience within 24 hours of its submission. After 48 hours from booking request, if not confirmed by the Tripsert, reservation request will be considered cancelled. By confirming a booking, the Tripser undertakes to provide the customer with the experience according to the details and the terms contained therein. The confirmation of the reservation is notified to users through the Site and a specific email.
By confirming a booking, Tripsy, or the third party that processes the payments, will process the payment of the total amount of the Experience authorized by the Customer by sending the booking request. Following the receipt of payment, Tripsy will send an email confirming the booking and issue, on request, invoice documenting occurred electronic payment.
After 48 hours of the end of the experience, Tripsy undertakes to transfer the payment received to the Tripser, deducting its fee for the management of the transaction and the eventual cost of the transfer of the amounts collected to Tripser.
7) Change of bookings
Changing of bookings is regulated differently depending on whether it occurred or not a confirmation by Tripser. Booking confirmation is notified by Tripser and Tripsy with special email. If the booking is confirmed possibility of changing is not guaranteed: to request a change, Customer needs to agree the change with Tripser with our internal messaging system, and then send an email to email@example.com.
If the reservation is not yet confirmed by Tripser, Customer may agree a change of booking directly with Tripser, using the provided functionality of the Site. Once change is confirmed, Tripser communicate changes to Tripsy and will be sent an email confirmation to customer.
Booking may be cancelled up to intervention of the confirmation by Tripser, without causing any charge or cost to Customer. Cancellations will still communicate by sending an email to firstname.lastname@example.org referencing name of experience and date of booking. Cancellations by other means are not considered valid.
In case of cancellations of bookings already concluded and confirmed by Tripser, the final price will be refunded in a variable percentage depending on when cancellation occurs. If cancellation occurs:
– more than 7 days before the experience is guaranteed a refund of 100% of transaction;
– between 48 hours and 7 days before the experience is guaranteed a refund of 70% of transaction;
– in less than 48 hours before the experience is not guaranteed a refund of the transaction.
Tripsy provides at the email address email@example.com a special service to customers assistance for support in pre and post sales.
In the case of purchase of experiences by the Customer, Tripsy guarantees:
– that the Site and the features that it provides for the Customer and for the Tripser are substantially conform to those described in the conditions;
– that, in the event of a serious malfunction of the Site or the services it manages, the error will be promptly corrected or, if that is not possible, will be refunded the amount paid by the Customer regarding the Experience that has not been realized.
10) Use of the Site and code of conduct of the users.
Tripsy does not check or filter the content posted by the User including the content contained in the description of the Experiences proposed by the Tripser, and consequently it is not responsible for it. As a mere example, Tripsy is not responsible for the legality, accuracy and correctness of the contents. It is not liable for any violation of the respect of industrial property rights and/ or intellectual of others and the rules on privacy.
The User is solely responsible of the use of the Site and undertakes to not operate in such a way as to cause damage or disruption to third parties and, in any case, so adversely affecting to the rights of third parties, in violation of the laws or the terms of these General Conditions, assuming all consequent responsibility and undertaking to keep Tripsy undamaged from any claim to that effect. Tripsy has the right, if it becomes aware of illegal, immoral contents, or otherwise contrary to the general conditions governing the site, to act to remove such contents, as well as suspend or cancel at any time the corresponding Account, remaining the right to invoke the resolution under art.1456 of the Civil Code and to claim compensation for additional damages.
Using the Site the Users agrees not to:
– Collect and/ or disclose personal information of others;
– Hide their identity or declare the identity of a team member of Tripsy;
– Carry out propaganda activities, sponsorship, advertising or activities whose purpose, even indirectly, is commercial of professional type;
– Spread viruses or other files that might cause damage or limit the functioning of services or software and hardware devices of also third party;
– Cause prejudice to third parties or to other Users;
– Publish or share contents that are not in their ownership and legal availability;
– Publish or share contents that affect any third party rights, including industrial property rights/ intellectual;
– Publish or share content that constitute material contrary to the law, pornographic, offensive, defamatory, hate speech, racism or any form of fanaticism, nor related to minors;
With the use of the site and posting contents, the Users grant Tripsy a non-exclusive, transferable and free license, to use the contents of the user. This license terminates when the User deletes their Account.
11) Intellectual property
The content and information of the Site, as well as the infrastructure used to provide such contents and information, are property of Tripsy. Accordingly the Users agree, as a condition of the use of the Site, to only make personal use and not commercial one, either directly or indirectly, of the Site, its content and the information it contains. By using the Site the Users agree that:
– they can not to modify the Site Content;
– they can not to sell, reproduce, duplicate, copy, use for any commercial purpose the content of the Site, or extracts thereof;
– they can not to reproduce, transmit, print, publish, distribute to third parties or store in modified versions the content of the Site or any part thereof;
12) Limitation of Liability
12.1) Limitations and Exclusions of Liability
Unless expressly stated otherwise, the responsibilities of Tripsy are limited to make available the site and ensure its functionality, as well as to act as a temporary agent for the collection of payments to Tripser in order to accept payments from customers in the name and on behalf of Tripser.
Tripsy does not take the role of agent or broker, nor has any responsibility for the fulfilment of the obligations accepted by the Users through the Site as it provides only the service without being part of the transaction.
Tripsy will not be liable to the User or any third party for any direct, indirect, consequential, incidental, special or punitive damages or for loss of any kind, including, without limitation, loss of profits, loss of contracts, interruption of activities, loss or corruption of data, whatever the cause and regardless whether it occurs in contract or civil tort, including negligence, in case of Tripsy has been advised of the possibility of such damages.
12.2) Requirement of age
The users use the site and its services at their own risk. The services offered by Tripsy are not intended for children under 18 years: the User declares, therefore, to be of age (he had already completed 18 years of age) and to have the legal capacity to book the deals, then fully accepting the content of these General Conditions.
12.3) Links to other sites
The Site may contain links to third party sites that are not under the control of Tripsy and for whose content Tripsy is in no way responsible. The presence of a link does not imply endorsement, sponsorship or affiliation with the linked site and its contents by Tripsy in any way, nor is any form of guarantee.
13) Duration of the relationship and withdrawal.
The contract between the User and Tripsy is perfected when the registration on the Site is confirmed by Tripsy, with the consequent acceptance of these Terms and General Conditions.
The Users may terminate the contract at any time, showing a will to cancel their registration through a written communication to Tripsy to send through the special online features, where applicable, or by registered letter with advice of receipt. With the cancellation of User’s account, Tripsy is free to delete all its contents that may be present in the personal section of the Site. It is up to the Users to keep a backup copy of their content.
Tripsy may suspend, even temporarily, the supply of service of all or part of the Site to the User and it may terminate the contractual relationship with the User in its sole discretion, with or without notification to the User for any reason, including for violations of these General Conditions. In case of suspension or termination of the Site, Tripsy can immediately and without any other notice, deactivate or delete any User Account and all data related to it and it is not liable to the User or any third party for any damage or loss of contents arose as a result of such suspension or termination.
14.1) Conditions, Law and Jurisdiction.
These Terms and Conditions regulate the contract between Tripsy and the User of the Site, and replaces any prior agreement, whether written or oral, previously intervened between Tripsy and the User and concerning the matters under these Conditions. These Terms and Conditions, the provision of services of the Site, as well as the relationship between User and Tripsy, will be regulated and construed in accordance with the Italian law and any dispute arising from the aforesaid terms, the general conditions and our services will be exclusively referred to the courts of Italian jurisdiction. In the event that any provision of these Terms and Conditions be or become contrary to the mandatory rules of law or public policy, they will be considered as not stated and will not affect the validity of the other clauses of the General Conditions.
The original text in Italian of these Terms and Conditions may have been translated into other languages. The translated version is unofficial and with only illustrative purposes, therefore with no legal value. In case of dispute, inconsistency or discrepancy between the Italian text and translations in other languages of these Terms and Conditions, the Italian text will prevail and will be the final version.
Tripsy may modify, complete or delete these Conditions or any part of them at any time and with the greatest discretion, if it is considered necessary for legal or technical reasons, or even as a result of changes in services offered and in the layout of the Site. Tripsy will give reasonable notice of any changes. After that, the User also expressly agrees to be bound by these Conditions, as modified.
14.4) Assignment of contract
The User may not transfer or assign the rights and obligations deriving from the acceptance of these Terms and Conditions without the prior approval of Tripsy. The rights and obligations of Tripsy provided in the Terms and Conditions can be freely assigned by Tripsy to third parties.
Communications to Tripsy may be made in the “Contacts Section” of the Site, through the online features or with the appropriate references indicated.
The communications from Tripsy to the User will be managed:
• by phone, in agreement with the available technology (e.g. by Skype),
• by regular post, to the address indicated by the User during registration or afterwards,
• by email, to the email indicated by the User during registration, by publication on the Site.
This Policy governs terms and conditions of refunds, in respect of those customers who have booked and paid an experience through the Site of Tripsy.
1) Responsibility of Tripsy
Tripsy can recognize presence of a problem relating to experience, and then evaluate the possibility of issuing a refund to the customer who has suffered this problem.
2) Problems related to experience
Tripsy, in its sole discretion, may identify a problem related to an experience in the following cases:
Customer who is not satisfied with quality of the experience can not claim a refund, but can demonstrate in a concrete way its rating through the assessment of Tripser.
4) How to obtain the refund
Customer who believes that there was a problem related to an experience, to submit a valid claim, must strictly carry out all of the following actions:
5) Conditions for refund
If Tripsy deems existence of a problem reported by Customer may decide, alternatively, to: – repay the amount paid by Customer, according to a percentage determined by nature of the problem; – Agreed with Customer booking an alternative experience comparable in terms of duration, location, content, features.
6) Other Terms
All decisions regarding following Refund Policy will be final and binding for both Customer and Tripser interested. Tripsy reserves right to modify or cancel the Refund Policy at any time, in its sole discretion. To each problem will apply the Policy in effect at the time of booking of the related experience. Tripsy, under no circumstances, be able to recognize a refund in excess of the amount paid by the customer for booking experience.