GENERAL TERMS AND CONDITIONS OF USE OF THE SITE

Last updated: 24/04/2023

Welcome to Explorer FVG,

1. Introduction.

1.1 Explorerfvg.com (hereinafter also "Explorer FVG" or "platform") is a service developed and provided by Explorer FVG S.r.l.s. (P. IVA 03058650304), with registered office in Buttrio (UD) at Via Divisione Julia n°60/N - CAP 33042.

1.2 Explorer FVG is a project that aims to help users discover Friuli Venezia Giulia by publishing reviews, places and activities.

1.3 These terms and conditions of use (hereinafter referred to as "terms andconditions" or "TOU" for short) govern your access, browsing and use of the explorerfvg.com website (hereinafter referred to as "site" for short), as well as the purchase of the services and products available therein.

1.4 By browsing the site, you acknowledge that you have read, understand, and agree to the terms of use in effect at the time of your access.

1.5 Explorer FVG reserves the right to unilaterally make changes to these terms of use at any time.

1.6. The site may contain translations automatically provided by Google or other translation services.

2. Definitions

User - anyone who browses the explorerfvg.com site.

Account - the digital profile to which are assigned a user name and password (hereinafter for brevity "login credentials"), necessary to access certain sections of the site.

Registration - Procedure for creating a digital profile ("Account").

Supplier - The tour operator offering products or services through the site.

Marketplace Section - Section of the site that allows the user to purchase products and services made available by Suppliers.

3. Use of services

3.1 Access to the site and use of the services contained therein is strictly personal and is carried out by the user under his/her sole responsibility.

3.2 The user has the right to use the contents of the site in accordance with these terms of use.

4. FVG Explorer account and registration process.

4.1 The non-registered user can freely browse the places, activities, related reviews and articles contained within the site. He/she may also purchase (Tue with limitations).

4.2 In order to take full advantage of the services and functionalities of the site, it is necessary for the user to register through the procedure provided on the appropriate page that can be reached at the following link: explorerfvg.com/users/, that is, when purchasing (checkout) an experience.

4.3 You warrant the truthfulness, accuracy and completeness of the data and information you provide, including through third party sites, to Explorer FVG, including credit card and other means of payment information.

4.4 You assume sole responsibility regarding the protection and safeguarding of your login credentials.

4.5 Explorer FVG reserves the right, at its sole discretion, not to accept the user's registration, or to suspend, temporarily or permanently, access to the site and/or the provision of services in case of falsity or non-authenticity of the information provided by the user during registration.

4.6 Explorer FVG reserves the right to proceed, at its sole discretion, to suspend, temporarily or permanently, accounts from the use of the site in the event of violation and/or circumvention of these conditions, without implying any obligation to compensate the user subject to suspension for any reason whatsoever.

5. Prohibited activities

5.1 The user is expressly prohibited from:

1)- transmit and/or publish content that violates these terms of use or the rights of another person or entity.

2)- impersonating another person or entity, or making false or otherwise incorrect statements regarding one's identity or relationship with a person or entity;

3)- transmit unauthorized and/or unsolicited promotional and/or advertising materials;

4)- use automated programs, devices and/or algorithms to access, or acquire, copy and/or monitor parts of the site;

5)- obtain data, content, softwares or codes available on the site that has not been unequivocally made available or accessible to the public;

6)- to violate systems to restrict and/or prevent the site and its content, or to prevent it from functioning properly.

6. Contents

6.1 The publication of reviews is reserved exclusively for users, registered according to the procedure in Art. 4, who have purchased a product or service; said reviews may refer only to the purchased service.

6.2 You assume sole responsibility for the truthfulness and authenticity of the reviews posted through your account, as well as the opinions expressed in such reviews.

6.3 Explorer FVG reserves the right to moderate, or remove, reviews that contain offensive, irrelevant, inappropriate, or untruthful messages.

6.4 The blog, containing information and articles related to activities and places in Friuli Venezia Giulia, is edited and managed exclusively by Explorer FVG.

6.5 Explorer takes great care in the editing of blog articles. The information in the site, however, may not be up-to-date as of the date of reading and should be regarded as purely indicative.

6.6 The user assumes sole responsibility for verifying the actual usability and suitability for use of the information contained on the site.

6.7 Under no circumstances shall the platform be held liable for damages resulting from the use of the information contained on the site and blog.

7. Links to third-party sites

7.1 The site may contain links to third-party sites or services not owned by Explorer FVG.

7.2 Explorer FVG assumes no responsibility for any damage or loss due to the use of or reliance on content, goods or services posted on the site.

8. Intellectual property

8.1 Explorer FVG is a registered trademark.

8.2 You acknowledge that the entire content of the site is protected by applicable intellectual property law, i.e., that Explorer FVG is a registered trademark.

8.3 The dissemination and/or use of the aforementioned content is expressly prohibited except to the extent permitted by these Terms of Use and applicable copyright and intellectual property laws.

9. Products and reservations

9.1 Explorer FVG is neither a travel agency nor a tour operator and does not directly provide any of the services and/or products available on its site.

9.2 Explorer FVG also does not respond to questions about products, services, and reservations.

These can be made, by the user, directly to the operator via the product or operator page.

9.3 The contract relating to the product or service, including the conditions relating to the right of second thoughts, cancellation of the reservation and the right of refund, is prepared solely and exclusively by Supplier and is entered into, by the user, directly with the user.

9. 3a In the event that the operator makes no arrangements, the following conditions shall apply: a) for cancellations requested 14 days before the start of the activity, the user shall be entitled to a full refund of the reservation price; b) for cancellations arranged after this deadline, or in case of non-appearance at the event, the user shall not be entitled to any refund and shall have nothing to claim from the platform, for whatever reason, cause or reason.

9.4 The user, by accessing the Marketplace section of the site, can book services and activities through the appropriate procedure provided by the platform, or contact the operator.

9.5 Registration with the site is not required to complete the purchase.

9.6 Upon completion of the reservation, the unregistered user will receive a summary e-mail containing the details of the purchase and references of the operator.

9.7 The registered user, in addition to the above summary, will be able to manage the reservation and reviews of purchases by accessing their personal area.

9.8 Explorer FVG assumes no civil, criminal or administrative liability for damages, direct or indirect, suffered by the user by reason of the service or product purchased through the platform.

10. Price and payment

10.1 Explorer FVG acts as the agent appointed, by Supplier, to collect payments made by users who have purchased products and assumes no liability, under any circumstances, to the user for services purchased by the user.

10.2 If the user finds the activity booked through the platform i) under the same conditions (date, city, number of people) and ii) with the same services iii) at a lower price on the internet iv) at the same Supplier as a bookable offer and sends, to the platform, this offer within 3 days from the date of purchase, Explorer will refund the difference between the price booked through the platform and the price found on the internet and the lowest available price.

10.3 To claim the aforementioned best price guarantee, the user is required to provide, upon request of the platform, the link and/or a screenshot of the alternative offer. Thereafter Explorer FVG will evaluate the report and, if the price is indeed lower, will pay the difference, possibly also by means of a voucher.

10.4 Prices are always settled in Euros.

10.5 The platform does not in any way handle payment data and related transactions between the customer and Supplier: they are handled directly by payments through Stripe and Paypal.

11. Company liability

11.1 Explorer FVG S.r.l.s. disclaims any and all liability, civil and/or criminal for damages of any kind arising from the use of the site, or from the purchase of services from suppliers.

11.2 Explorer FVG, moreover, disclaims any and all civil, criminal and/or administrative liability for damages, direct or indirect, suffered by reason of reliance on the content and services purchased and/or booked through the site, as well as for errors, omissions, interruptions, miscommunications, deletion of files or e-mails and any malwares.

11.3 You assume sole responsibility for adopting procedures to back up your data as needed.

12. Jurisdiction and applicable law

12.1 These general conditions of use are governed by and shall be interpreted and applied in accordance with the regulations in force in the territory of the Republic of Italy.

12.2 Unless the user is a consumer, the sole competent judge for all disputes arising in connection with the execution of these conditions is that of the Court of Rome.

12.3 In the event that the user is a consumer, the competent court remains the one provided under Legislative Decree No. 206/2005.

13. Saving clause

13.1 Should any of the provisions of these G.C.C. be or become partially or wholly void or ineffective, this shall not affect the effectiveness of the remaining provisions. In place of provisions of these G.C.C. that are not included or invalid, the provisions of the law shall apply. If such statutory provisions are not available for the respective case, or if they would lead to an unacceptable result, the parties must agree to replace the unincluded or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.