TERMS AND CONDITIONS OF USE OF PANTELLERIA EXP
Welcome to PANTELLERIA EXPERIENCE!
Pantelleria Experience is an online booking application-platform (www.pantelleriaexperience.it), available to users to make known and make full use of every type of experience to be enjoyed on the island of Pantelleria, thus facilitating the search for information on useful activities and services existing on site, and promoting the identification of each local reality on the basis of each experience and/or field of interest chosen.
Pantelleria Experience, therefore, provides a parterre of information and/or suggestions and/or indications on a vast range of island realities, which each user, based on their preferences and attitudes, will be able to identify, interfacing directly with the responsible subjects.
Interested parties, in the event of membership, will have to sign the relative terms of use, applicable to the referenced Pantelleria Experience services.
By subscribing to the Pantelleria Experience services, the user confirms that he has read and accepted these Terms and Conditions of Use.
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1. INTRODUCTION
1.1 These terms of use, together with the Privacy Policy (collectively, the "Terms of Use") define the conditions under which Pantelleria Experience (Pantelleria EXP or PNLEXP) provides services (the "Services") via the Pantelleria booking platform EXP (the "Platform") as made available through the website (www.pantelleriaexperience.com together with all related domains, white label sites and partner sites, mobile applications and related applications, collectively referred to as the "Site web") and/or by telephone. The term "User" means any person who accesses or uses the Services. Pantelleria EXP which, it is specified, is not a travel agency or a tour operator nor does it carry out brokerage or supply activities. Each booking made through the platform puts the user and the operator of the chosen activity in direct contact, as automatically, with the acceptance of the terms and conditions of the platform itself, the contractual relationship between the user and the operator is defined.
1.2 Pantelleria EXP, can be found by accessing the web page pantelleriaexperience.it, dedicated to Pantelleria EXP Customer Service, where all the references and contact details of the company are indicated at the following address: Pantelleria Experience - Via Messina 31, 91017 – Pantelleria ( TP)
1.3 The related Terms of Use govern the relationship between the user and the company in relation to the use of the Services, including reservations made for tours, tickets, attractions, activities and/or
experiences (referred to in these Terms of Use as "Experiences"), advertised on the Site and made available by third-party providers ("Service").
1.4 By using or accessing the Services, once you book a service ("Reservation") and/or create an account on the app or website ("PNLEXP Account"), you automatically agree to be bound by these Terms of Use, while declaring that you have read and understood them. Therefore, in all agreements relating to a Reservation, the user who books will be deemed to have accepted these Terms of Use, remaining directly bound also for any third parties (included in the reservation).
1.5 The Company reserves the right to update or otherwise modify these Terms of Use at any time. The user who accepts the access and continued use of the Services after the modifications will be understood as implicitly accepting also for the updated Terms of Use. The update to the Terms of Use will be noted at the top of this page and the updated terms will take effect upon posting. You may visit this page regularly to view the most recent version of the Terms of Use.
1.6 the site may contain translations provided by Google, therefore Google disclaims all warranties, implicit or explicit, related to the translations, including the correctness, accuracy, reliability and guarantee of the same, regarding the merchantability, fitness for a specific purpose, as well as non-infringement of rights others.
2. USE OF THE SERVICES
2.1 As a condition of use of the Services, you represent and warrant: (i) that all information transmitted while using the Services is true and true, accurate, current and complete; (ii) not to be under the age of eighteen for the use of the Site.
2.2 The use of the Services is permitted by Pantelleria EXP exclusively for personal but non-commercial purposes including the marketing of the same booking services for the Products offered. The user undertakes not to use the Services for speculative, false or fraudulent requests.
2.3 The User also accepts and guarantees: (a) that he has not currently been suspended and that he has not been previously banned from using the Services by Pantelleria EXP; (b) not to act on behalf of a competitor of Pantelleria EXP; (c) that I am not the owner of another Pantelleria EXP Account; (d) that you have the full power and authority to enter into this legally binding agreement and that by doing so you will not violate any other agreements already entered into.
2.4 PNLEXP reserves the right to deny access to the Services for just cause, by way of example, in the event of a violation of these Terms of Use.
2.5 Pantelleria Experience exempts itself from any liability deriving from any offensive, indecent, inaccurate, questionable or otherwise inappropriate content that may be encountered during access and/or use of the Site, since it does not sponsor such content and does not guarantee its accuracy.
3. PANTELLERIA EXP ACCOUNT
3.1 It may be necessary to create a Pantelleria EXP Account and provide personal data in order to use some of the features of the Site and other Services, including Reservations. The user is responsible for maintaining the confidentiality of his Pantelleria EXP Account password and access credentials ("Account Credentials"). You are solely responsible for all activity (including Reservations) in connection with your Account. The user must immediately inform the Company in the event of unauthorized use of his Pantelleria EXP Account.
3.2 The Pantelleria EXP Account is reserved exclusively for personal use, with the express prohibition of creating a Pantelleria EXP Account for third parties.
3.3 Pantelleria EXP reserves the right to terminate or suspend and/or limit access to the user's Account or use of the Services, as per point 2.4, without notice in case of improper use of the App or the Site. Any terminations or suspensions could prevent the user from accessing his Pantelleria EXP Account, the Site, the User Content (defined in Section 6.1), the Site Content (defined in Section 4.1) and/or other related information.
3.4 The user has the right to terminate his Pantelleria EXP Account at any time, upon request to pantelleriaexperienceapp@gmail.com. In this case, the Company reserves the right to continue showing the contents previously published by the user and is not obliged to remove them.
3.5 By using the services, the User accepts that: (1) Pantelleria EXP and its partners decline all responsibility towards the same and third parties in the event of unauthorized bookings made using the user's Pantelleria EXP account and/or credentials of the Pantelleria EXP account; (2) unauthorized use of the user's Pantelleria EXP account and/or Pantelleria EXP account credentials could lead to liability for the User towards Pantelleria EXP and other users.
4. PROHIBITED ACTIVITIES ON THE APP AND SITE
4.1 The contents and information present on the Site or on the platform (including, without limitation, messages, data, information, text, music, audio, photos, graphics, videos, maps, icons, software, including the Software, as defined at Section 8.2, code or other material, collectively referred to herein as "Site Content"), as well as the infrastructure used to deliver such Site and Platform Content, is Company property. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, use to create derivative works from, transfer, sell or resell any Site Content or any product or service obtained from or through the Site or platform. Any other use of the Contents of the site or of the platform, of the products and/or services requires the prior written authorization of Pantelleria EXP.
4.2 The User undertakes not to undertake the actions listed below either directly or indirectly, as listed below:
a. use the Site, the platform or the Contents for commercial or illegal purposes;
b. access, monitor or copy any Site Content using any robot, spider, scraper or other automatic means or manual process to access, delete, index, retrieve or otherwise use the Site, platform or any Content for any purpose without explicit request and express written consent of the Company;
c. violate restrictions in robot exclusion headers on the Site or Platform, circumvent or circumvent other measures employed to prevent or limit access;
d. take any action that imposes, or may impose, in the Company's discretion, an unreasonably or disproportionately large load on the infrastructure or excessive traffic on the Site or platform;
And. deep link to any part of the Site or the platform for any purpose without the express written consent of the Company;
f. "framing", "mirroring" or otherwise incorporate any portion of the Site or Platform into other sites without Company's prior written permission;
g. attempt to modify, translate, adapt, change, decompile, disassemble or reverse engineer any Software;
h. use the Site to harm, defame, threaten, stalk, defraud, incite, harass or solicit the harassment of any other person or otherwise interfere with any other user's use of the Site;
the. use the Site to send or transmit spam, chain letters, contests, junk mail, pyramid schemes, surveys or other mass messages, commercial or otherwise;
j. use the Site or platform in a way that creates a conflict of interest, for example by negotiating reviews with other owners, writing or soliciting reviews;
k. use the Site to promote intolerance or discrimination against protected categories and/or minorities;
L. use the Site or Platform to violate the rights of any third party, including violations of privacy, copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or other proprietary or intellectual property rights;
m. use the Site or the platform to send or transmit pornographic or illegal content;
no. use the Site or the platform to acquire personal information from minors, or interdicted or incapacitated subjects or incapable of harming or threatening to harm any person, including them;
o. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password cracking, or other means;
p. use the Site to transmit any computer virus, worm, defect, Trojan horse or other item of a harmful nature ("Virus");
q. use any device, software or routine that interferes with the proper functioning of the Site or that jeopardizes its functioning or use;
r. use the Site to violate the security of any computer network, decrypt passwords or security encryption codes;
s. damage or interfere with the security of or otherwise cause harm to the Site;
t. remove, circumvent, disable, damage, or otherwise interfere with any security features of the Site, features that prevent or restrict use or copying of Site Content, or features that enforce limitations on use of the Site.
5. ELECTRONIC COMMUNICATIONS
The User in using his account and sharing his data and references, accepts that Pantelleria EXP can use and share them in turn on the Site and make them visible to third parties, through various means (email, messaging apps, push notifications in the app or publication of alerts and messages) You can unsubscribe from marketing emails by writing to Pantelleriaexperienceapp@gmail.com. However, the Company reserves the right to continue sending non-marketing messages, for example communications relating to Reservations upcoming.
6. CONTENTS
6.1 The user and any other users of the Site or of the platform can contribute to the contents in various ways, for example by sending emails, writing reviews, publishing posts, uploading and publishing photos or videos, comments, suggestions and ideas, compiling public profiles, evaluating the contributions of other users and by sending similar contributions to the Site and/or to Pantelleria EXP (collectively, "User Content" or "Content"). The Company reserves the right to use the User Content in various ways, including, by way of example, publication on the Site or the platform or on social channels, reformatting, translation into other languages, modification for reasons of clarity and grammatical correctness, integration into announcements advertisements or other works, creation of derivative works, promotion, distribution. It also reserves the right to grant third parties the same rights in connection with its sites, mobile applications and multimedia platforms.
6.2 By submitting Content, the User grants Pantelleria EXP and its partners the international, non-exclusive, royalty-free, fully paid, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify , adapt, translate, publish, create derivative works from and publicly display and perform such User Content worldwide, in any medium, now known or hereafter developed, for any purpose; (b) use the submitted name by the user in connection with the Contents. The user grants Pantelleria EXP the right to choose at its own discretion whether or not to attribute the authorship of the User Content. The User also grants Pantelleria EXP the right to legally prosecute any natural or legal person who violates the rights of the user or Pantelleria EXP with respect to the Contents by means of violations of these Terms of Use. You acknowledge and agree that the Content you submit is non-confidential and non-proprietary information. If it is determined that you have moral rights (including rights of attribution or integrity) in the Content, you represent that: (a) you do not need personally identifiable information to be used in connection with the Content, derivative works or updates of the same; (b) that you have no objection to the publication, use, modification, elimination and enjoyment of your Contents by Pantelleria Exp or its licensees, successors and partners; (c) to definitively and perpetually waive any claim or hypothesis of advancement of copyright or moral rights with respect to its Contents; (d) to definitively and perpetually indemnify Pantelleria EXP and its licensors, successors and partners, from any liability regarding claims otherwise made against Pantelleria Exp by virtue of such moral rights.
6.3 Pantelleria EXP and its partners reserve the right to show advertising and other information alongside or within the User Content on the Site or platform. You are not required to pay any compensation for such advertisements. The form and extent of such advertisements are subject to change without notice.
6.4 The Site or platform may contain discussion forums, bulletin boards, review services or other forums where users can post Content ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and for the risks associated with such use. By using any Interactive Area, you explicitly agree not to post, upload, transmit, distribute, store, create or display through the Site any Content that includes:
to. content that is unlawful, abusive, libelous, defamatory, obscene, pornographic, indecent, vulgar, suggestive, threatening, or invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
b. content that could constitute, encourage or provide instruction to commit a crime, violate the rights of any party, or that could otherwise give rise to liability or violation of local, state, national or international laws.
c. content that may infringe any patent, trademark, trade secret, copyright or other proprietary or intellectual property right of any third party;
d. content that pretends to impersonate natural or legal persons or otherwise misrepresent your affiliation relationship with natural or legal persons, including Pantelleria EXP;
And. promotions, political campaigns, advertisements, contests, sweepstakes or solicitations;
f. private and/or personal information of third parties, including but not limited to surname, address, telephone number, email address, tax code and credit card number;
g. Viruses, corrupted data or other harmful or destructive files;
h. content unrelated to the topic of the Interactive Area in which it is posted;
the. contents or links to contents which, at the discretion of Pantelleria EXP, (a) violate the preceding paragraphs, (b) are objectionable, (c) limit or inhibit the use or fruition of the Interactive Areas or of the Site or of the platform by of other people, (d) may expose Pantelleria EXP, its partners or users of the Site to damages or liability of any kind.
6.5 You are solely responsible for your Content. You assume all risks associated with such Content, including any confidence others place in its accuracy, completeness, or usefulness, as well as for any disclosures of information within the Content that could lead to your identity. You represent that you are the owner, have the necessary use permissions, and authorize the use of your Content as described herein. The user cannot assume or allow third parties to assume that Pantelleria EXP sponsors or promotes User Content in any way.
6.6 Pantelleria EXP declines all responsibility and does not provide any guarantee with respect to the Contents published, archived or uploaded by the user or by third parties, in case of loss or damage. It also declines any responsibility in case of errors, defamations, insults, calumnies, omissions, false statements, obscene, pornographic or profane language.
6.7 Although Pantelleria EXP is under no obligation to analyze, modify or monitor the Contents, Pantelleria EXP reserves the right, at its discretion, to remove, analyze, translate or modify without notice any User Content at any time or for any reason and/or to allow such transactions to third parties on its own behalf. You remain solely responsible for creating backup copies and replacing your Content, assuming all charges and expenses. Pantelleria EXP is not subject to any obligation to store or provide the user with copies of the Contents and does not grant any guarantee of confidentiality regarding the same.
6.8 Any use of the Interactive Areas or other sections of the Site or of the application in violation of the foregoing clauses constitutes a violation of these Terms of Use and could result in, among other consequences, the termination or suspension of the user's rights to use the Interactive areas and/or of the Site.
7. LINKS TO THIRD PARTY SITES
7.1 The Site may contain hypertext links to websites operated by parties other than Pantelleria EXP ("Third-party Sites"). Such hyperlinks are provided for reference purposes only. Their presence on the Site does not in any way imply sponsorship by Pantelleria EXP of such third-party Sites or any association with their operators.
7.2 Pantelleria experience does not exercise any control over third-party sites and is not responsible for the related contents, data processing or other practices adopted by the owners and operators of the same.
7.3 The User must ensure that the hyperlinks selected and/or the software downloaded (from the Site or from Third Party Sites, including the Software as defined in Section 8.2) do not contain Viruses.
7.4 Third-party sites may be required to connect the Pantelleria EXP profile to the profile of a third-party site. This choice is optional. If you decide to link profiles and subsequently want to unlink them, you should contact the relevant Third Party Site.
8. SOFTWARE ON THE SITE
8.1 Any software (including, without limitation, all HTML, XML, Java and Active X controls) made available for download from the Site ("Software") is a copyrighted work owned by Pantelleria EXP, its partners or other third parties as indicated. Use of such Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("License Agreement"), if available. The installation or use of any Software accompanied by or which includes a License Agreement is prohibited unless you accept the terms of the License Agreement. For any Software made available for download on the Site, which is not accompanied by a License Agreement, the Company grants you a limited, personal, non-transferable license to use the Software to view and otherwise use the Site in accordance to these Terms of Use and for no other purpose.
8.2 The User agrees that all Software contained on the Site is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited; such action could result in serious civil and criminal consequences. Violators will be prosecuted to the fullest extent of the law.
8.3 The copying or reproduction of the software on another server or the placement for further reproduction or redistribution are expressly prohibited without any limitation to the foregoing. Any warranties relating to the software are made only in accordance with the applicable license agreement.
9. TRADEMARK AND COPYRIGHT NOTICES
©2023 Pantelleria Experience the site is to be understood properly, since it represents the app and all its content, by way of example, the graphic interfaces, the interactive features, the customized graphics, the design, the IT code, the products, the software the compilation of other content (for example third-party content) and other elements and components of the Site itself, with the exception of third-party content. All rights reserved. Pantelleria EXP is not responsible for the content on sites managed by entities other than Pantelleria EXP. All other product or service names or slogans displayed on the Site and mobile application (including those of the Products) are registered trademarks and/or legally recognized trademarks of Pantelleria EXP, Inc. and/or its suppliers or licensors, copying, imitation and use thereof, in whole or in part, is therefore prohibited without the prior written consent of Pantelleria EXP or the owner of the brand name. Furthermore, the appearance of the Site, including the headers of all pages, custom graphics, icons and button scripts are service marks, trademarks or graphics of Pantelleria EXP, therefore copying, imitation is prohibited and use, in whole or in part, without the prior written consent of Pantelleria EXP. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. All references to products, services, processes or other information, by means of the trade name, brand, producer, supplier or other denomination do not constitute or imply any endorsement, sponsorship or recommendation by Pantelleria EXP.
10. PRODUCTS AND RESERVATIONS
10.1 Pantelleria EXP provides the Platform through which it is possible to access and sign a contract with the third-party supplier/operator of a Product/service ("Supplier"). Any Product you reserve is therefore entered into directly between you and the Supplier/Merchant concerned. Or acting as an agent on behalf of the Supplier, whereby each profile of a Product represents an invitation to the user to propose a direct offer to the Supplier of the selected service. As part of this procedure, Pantelleria experience is free to accept or refuse this offer on behalf of the Supplier. These Terms of Use govern the use and enjoyment of the Services by the user, including the use of the Platform through which it is possible to propose the offer to a Supplier from time to time. However, the provision of the booked Product/Experience will be subject to the terms and conditions shown on the supplier's Website.
10.2 By making a Reservation, you agree to read and offer the chosen service, to be bound by the Supplier's terms and conditions and any other rules or regulations related to the Product ("Supplier Terms and Conditions"). Without prejudice to the foregoing, to the extent that the Supplier's Terms conflict with these Terms of Use with respect to the legal relationship between the user and Pantelleria EXP, these Terms of Use prevail. The user fully assumes the risk of his interactions with the Suppliers. Pantelleria EXP disclaims all liability for the actions, omissions, errors, representations, warranties, violations or negligence of any Supplier or for any personal injury, death, property damage or other damages or expenses resulting from interactions between you and any Supplier .
10.3 Pantelleria EXP provides information on the Products and facilitates Reservations, not involving in any way, such activities, any form of sponsorship or approval of the Suppliers by Pantelleria EXP, nor affiliation between Pantelleria EXP and any Supplier. Users of Pantelleria EXP have the right to evaluate and review certain Products based on their own experiences. The user accepts that Pantelleria EXP is in no way responsible for the accuracy or completeness of the information obtained from the Suppliers and/or published on the Site, for which the same is understood to be completely exempt.
10.4 By making a Booking, you represent that you are at least 18 years of age, have the legal authority to enter into this binding agreement and a binding agreement with the Supplier, to use the Services, to purchase the Product and to supply only truthful and accurate information. You also agree to use the Platform only to make legitimate Reservations for yourself and/or for third parties on whose behalf you are legally authorized to act.
11. PRICES
11.1 The price of each Product will be quoted per person, unless otherwise specified.
11.2 Prices are based on the local rate in force at the time of the estimate, converted at the prevailing exchange rate, as established by Pantelleria EXP.
11.3 Estimates are subject to change without notice, until the Reservation is made.
11.4 Unless otherwise specified by the Supplier, prices do not include local taxes, surcharges, including international departure charges, security charges, port charges, parking charges, customs charges, immigration control charges, agricultural charges, for the carriage of passenger effects or fees for international carriage.
11.5 Inclusions are determined by the Supplier. Prices do not include any gratuities, passport and visa fees, personal or baggage insurance, any other items of a personal nature, taxes and charges, drinks or food not expressly indicated as included by the Supplier.
12 CURRENCY CONVERSIONS
Where Pantelleria EXP provides a currency converter, exchange rates will be based on various publicly available sources, to be used for reference purposes only. Rates are not verified and may vary. The currencies in the quotes may not be updated daily, therefore Pantelleria EXP and its partners do not guarantee their accuracy. Pantelleria EXP declines all responsibility in the event of price changes due to currency fluctuations.
13. PAYMENTS
13.1 When you make a Booking, Pantelleria EXP collects your payment details and processes the transaction as described in Section 14. In doing so, Pantelleria EXP acts as the Supplier's limited payment collection agent, collecting payment of a Service Fee or down payment for the service offered or full payment for specific Products on behalf of that Supplier. For the purposes of the Reservation it is necessary to make the full or partial payment, according to the service offered, by credit or debit card, unless otherwise specified.
13.2 The value of the Booking may be subject to taxes, duties, overseas transaction fees, exchange rates or other costs. Your bank or payment card issuer may convert to local currency and charge you for it, resulting in differences between the amount shown on the Platform and the final amount charged. Pantelleria EXP recommends contacting your bank or card issuer if you have any questions regarding applicable conversion rates or fees.
14 PROCESSING PAYMENTS
According to these Terms of Use, the payment processing services for the Services provided are provided by STRIPE.com (on behalf of Pantelleria EXP Inc.).
15 MODIFICATIONS OR CANCELLATIONS BY THE USER
15.1 Once a Product has been purchased, the Reservation cannot be modified or canceled by obtaining a refund, unless otherwise indicated in the terms and conditions applicable to the Product concerned.
15.2 The standard cancellation method allows you to request the modification and/or cancellation of a Reservation up to 24 hours before the start time of the Reservation or, if the Experience does not have an explicit start time, the request modification or cancellation must be received by 11.59 pm, two days before the start date. The times indicated refer to the time zone of the Experience.
15.3 In the presence of the wording "Non-refundable" or a similar formula, the Product is non-refundable and it will not be possible to modify or cancel the Reservation once made. For certain products, a different cancellation method is used. In all cases, it will therefore be advisable to check from time to time the cancellation method indicated in the profile of the Product concerned at the time of the Booking, since this defines the terms applicable to cancellation and any refunds.
15.4 Subject to Sections 15.2 and 15.3, (a) requests to change or correct a Booking, including requests to change the date ("Change Request") must be made either by sending an email to pantelleriaexperienceapp@gmail.com or by telephone, at the address - +39333770820; (b) Pantelleria EXP will not charge any cost, if it is possible to satisfy a Change Request, provided that the Request is received within the deadline specified in the Product profile. Suppliers may charge an additional fee to accommodate a Change Request. In this circumstance, the user will have to pay for this supplement so that Pantelleria EXP can process the Change Request.
15.5 All Change Requests will be processed by Pantelleria EXP, according to availability and subject to the agreement of the Supplier concerned. Pantelleria EXP does not guarantee acceptance of all Change Requests. To the extent that the Supplier is unwilling or unable to accept a Change Request, your right to a refund (if any) will be governed by how you cancel your Booking.
15.6 If you make a Booking, using a promotional code, or accept a discount or special offer during the checkout process, any Requests for subsequent modifications to the Reservation could invalidate the discount or the special offer, if expressly provided for by the Supplier.
15.7 There are no refunds once an Experience has begun or for packages, accommodation, meals or other services that the user has already begun to use, unless otherwise specified by the Supplier.
16 OTHER CHANGES AND CANCELLATIONS
16.1 In the event of a modification by the Suppliers of the Products after the purchase, including, by way of example, the date, the price, the services included, the coverage, the age requirements and/or other characteristics and/or requirements, Pantelleria EXP (acting on behalf of the Supplier) reserves the right to cancel, modify or replace any Product purchased, at any time and for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change in itinerary) and you are not satisfied with the alternative offered, you will be entitled to a full refund of the original purchase price .
16.2 Pantelleria experience reserves the right to revoke the Services, at its discretion, if it is necessary or desirable, for the protection of its interests, the interests of the Supplier or the user, without any constraint regarding any method of canceling the Product, thus proceeding to permanent cancellation of a Reservation. The Company also reserves the right to determine, at its own discretion, any refunds (total or partial). The user therefore agrees to hold the Supplier concerned and the Company harmless from any liability regarding any cancellations or refunds.
17 COMPANY LIABILITY
17.1 This section includes the limitation of liability of Pantelleria EXP related to the use of the services by the user.
17.2 Pantelleria EXP, the parent company, affiliated companies and commercial partners are exempt from any content relating to information and/or description of the Products and Services regarding content, software, platform and services themselves, also relating to availability for reservations and prices, or in product and service descriptions (including, without limitation, prices, availability, photographs, features, inclusions and exclusions, general product descriptions, reviews, ratings, etc.) . moreover, Pantelleria EXP explicitly reserves the right to modify availability and prices and/or in the case of reservations made on the basis of unconfirmed prices.
17.3 Pantelleria experience disclaims any liability relating to the suitability of the information, content, software, platform, products and other services, including the implied warranties and conditions of merchantability, suitability for a specific purpose, ownership and non-title violation of the rights of others. Pantelleria EXP also declines any guarantee and condition of the total absence of viruses or other harmful components from the platform,
17.4 the suppliers are independent contractors and not agents or employees of Pantelleria EXP. le Pantelleria EXP declines all responsibility with respect to actions, errors, omissions, representations, warranties, breaches, negligence or unlawful conduct by any such supplier or with respect to bodily injury, death, property damage or other damages or expenses resulting from or otherwise connected with reservations or use of a product. the companies of the Pantelleria EXP group decline all responsibility and do not guarantee any reimbursement in the event of delays, cancellations, overbookings, strikes, force majeure or other causes beyond their direct control and with respect to additional expenses, omissions, delays, changes in route or actions taken by institutional bodies or authorities.
17.5 Pantelleria EXP declines all responsibility in the event of direct, indirect, moral, incidental, special, exemplary or consequential damages (including, by way of example, loss of data, information or costs for the supply of goods or services in replacement) deriving from, or in any way connected to, a product or reservation, whether based on assumptions of negligence, contract, tort, strict liability and despite the fact that the Supplier has been advised of the possibility of the occurrence of such damages.
17.6 Should Pantelleria EXP be held responsible for any loss or damage resulting from or otherwise connected to the use of the Services, a Reservation or the use of a Product, such liabilities cannot in any case be cumulatively greater than the sums already paid (both to Pantelleria EXP and as a reservation with the Supplier).
17.7 The limitation of liability, set out in this Section 17, reflects the allocation of risk between the parties. The restrictions specified in this Section will remain in effect and will remain binding. The limitations of liability defined in these Terms of Use exist for the benefit of the companies of the Pantelleria EXP group.
18 USER RESPONSIBILITY
You agree to indemnify and hold harmless Pantelleria EXP as well as their respective officers, directors, employees and agents from any claims, lawsuits, demands, denunciations, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and other liability of any kind or nature, including, without limitation, reasonable legal and administrative fees, resulting from or in connection with: a. violation of these Terms of Use or the documents referred to herein by the user; b. violation of any law, rule, rule or regulation by you; c. your infringement or misappropriation of the rights of a third party; d. your use of the Services (including the Site); And. Reservation or use of any Product by you; f. negligence or willful default on your part.
19 TICKETS – VOUCHERS
19.1 The user will receive a voucher or ticket with the Pantelleria EXP brand or, alternatively, a voucher from the Supplier for each Product booked. Event Tickets are issued on behalf of the Supplier concerned. To access and/or print the Ticket, the user will be provided with a web address referable to Pantelleria EXP which contains the downloadable electronic Ticket link.
19.2 The user must present the authentic and original voucher or ticket to the relevant Supplier in order to use the Product. The Reservation cannot be confirmed nor can it be used without showing a voucher or a valid ticket. As expressly specified in the terms and conditions relating to the Reservation, in relation to the requirements imposed by the Supplier for the presentation of the voucher or ticket.
19.3 For security reasons, you must present a valid photo ID when presenting your voucher or ticket.
19.4 In some cases, a Supplier may require you to present the payment card used to purchase the Product at the time of the activity. As a rule, this occurs for tickets to attractions and shows. Please check any requirements. If you have any questions about this, please contact the Pantelleria EXP customer support team.
20 GENERAL CLAUSES
20.1 The user accepts that these Terms of use or the use of the Services do not give rise to any joint venture, agency, partnership or employment contract between the user and the Companies of the Pantelleria EXP group.
20.2 The obligations of Pantelleria EXP under these Terms of Use are subject to the laws in force and the legal proceedings in place and no clause of the present constitutes a limit to the right of Pantelleria EXP to satisfy requests from the application of the law, institutions or other requests of a legal nature inherent to the use by the user of the Services or to the information provided and/or collected by Pantelleria EXP regarding such use. To the extent required by law, you agree to bring any claim or action arising out of or related to your access and/or use of the Services within ninety (90) days from the date such claim or action arose. Failure to comply with the terms indicated constitutes an irrevocable waiver of the claim or legal action.
20.3 If any provision of these Terms of Use is held to be void or unenforceable under applicable law, including, without limitation, the disclaimer and disclaimer statements set out above, the void or unenforceable provision shall will consider replaced by a valid, enforceable and most similar in intent to the original clause, without this affecting the enforceability of the remaining clauses of these Terms of Use.
20.4 These Terms of Use (and all the terms and conditions included therein) constitute the entire agreement between the user and Pantelleria EXP as regards the Services and replace any previous or contemporary communications and proposals, whether by electronic means, oral or written, between the user and Pantelleria EXP with respect to the Services. The paper version of these Terms of Use and any notices distributed electronically will constitute admissible documentation in legal or administrative proceedings relating to these Terms.
21 JURISDICTION AND APPLICABLE LAW
21.1 The Services are provided by local legal entities and these Terms of Use are governed by Italian law. You therefore agree to assign jurisdiction exclusive and the procedural venue to the court of trapani accepting the impartiality and compliance of the proceedings presided over by this court for all disputes resulting from or related to the use of the Services. For all claims made against Pantelleria Exp by the user and resulting from or related to the Services, the user agrees to appear before a hearing and to proceed with the resolution before a competent court located in Trapani.
21.2 The user authorizes the processing of his personal data and their conservation pursuant to article 13 of Legislative Decree 196/2003 and subsequent amendments.
EXPLORERS PROGRAM TERMS AND CONDITIONS
**Introduction**
These regulations govern the operation of the "Explorers" program within the Pantelleria Experience application, owned by Viandoo S.r.l. – VAT 02880960816, located at Via Messina No. 31, Pantelleria (TP). The "Explorers" program is designed to encourage the exploration of the island of Pantelleria through gamification, offering users the chance to accumulate points, unlock levels, and obtain rewards.
The use of the application and participation in the "Explorers" program are subject to the following terms and conditions. By accessing and using the application, the user agrees to be bound by these terms and conditions and participates in the "Explorers" program of their own free will. The use of the application does not in any way obligate the user to participate in the "Explorers" program.
1. **Acceptance of Terms and Conditions**
1.1 By accessing and using the Pantelleria Experience application, the user acknowledges that they have read, understood, and accepted the terms and conditions of use of the application, including those related to the "Explorers" program.
1.2 The user confirms their voluntary participation in the "Explorers" program and agrees to be bound by all the provisions and rules contained herein.
2. **User Obligations**
2.1 The user agrees to use the application and participate in the "Explorers" program in accordance with the provisions of these regulations and in compliance with applicable laws.
2.2 The user agrees not to perform any actions that may compromise the integrity or proper functioning of the application or the "Explorers" program, including but not limited to attempts at fraud, hacking, or violations of others' privacy.
3. **Modifications and Updates**
3.1 Viandoo S.r.l reserves the right to modify or update these regulations, as well as the rules and operating methods of the "Explorers" program, at any time and at its discretion.
3.2 Changes to the regulations will take effect immediately after their publication on the Pantelleria Experience application. Continued use of the application after such changes will constitute acceptance of them.
4. **Disclaimer of Liability**
4.1 Viandoo S.r.l will not be liable for any damages to persons or property resulting from the use of the Pantelleria Experience application or participation in the "Explorers" program. Users participate in the program voluntarily and at their own risk.
5. **Operation**
5.1 The "Explorers" program is an initiative within the Pantelleria Experience application, designed to encourage and reward the exploration of the island of Pantelleria. Registered app users gain access to the program and have the chance to accumulate points, called Sese Points, by completing various activities and reaching designated checkpoints around the island. Each checkpoint has a difficulty level, and by unlocking them, users can advance through different levels, earning rewards and privileges based on the level reached. Rewards can include souvenirs, local products, discounts, and other exclusive offers provided by the company's partners.
5.2 **Starting Points:** Each new registered user will immediately receive 100 Sese Points and unlock level 1 - "You are a Sesiota."
5.3 **Checkpoints and Point Accumulation:** Throughout the island, there will be designated checkpoints indicated in the "Checkpoints" section of the app.
5.4 **Unlocking Checkpoints:** To unlock a checkpoint, the visitor must reach the designated location and find a sign with a recognizable QR code and initiative details. Scanning the QR code with their smartphone through the app will unlock the checkpoint, and the user will earn Sese Points based on the difficulty level of the checkpoint unlocked. Each checkpoint can be unlocked only once per the current year. The points assigned to each checkpoint can be viewed in the "Checkpoints" section.
5.5 **Difficulty Levels:** Each checkpoint will have a difficulty level, classified as easy, medium, or hard. The higher the difficulty, the more Sese Points can be accumulated.
5.6 **Leaderboard:** Users will accumulate points contributing to the current year's leaderboard and the all-time leaderboard. The annual leaderboard will reset at the end of each calendar year, on December 31, while the all-time leaderboard will remain unchanged over time. The top 3 ranked users each year will receive exclusive rewards offered by our partners.
5.7 **Levels:** Users can progress through 10 distinct levels, from "Sesiota" to "Pantesco," each representing an iconic era of Pantelleria, from the ancient Bronze Age culture to the fascinating mix of Mediterranean civilizations. Advancing through these levels, unlocking checkpoints, and accumulating points will immerse explorers in the island's millennial history, making them feel part of the epochs that have left their mark on Pantelleria.
5.8 **Level Advancement:** Each time a user unlocks a level, they can convert the accumulated points into predetermined rewards, indicated in the "How to Spend Sese Points" section of the app.
5.9 **Types of Rewards:** Rewards can include souvenirs offered by the company's partners, such as local products, handicrafts, artwork, personalized gadgets, discount coupons, or Sese Coins/Sese tokens*.
5.10 **Reward Collection:** Rewards can be collected for free if the reached level allows it; otherwise, a small additional sum in euros will be required. Rewards can be collected at the Pantelleria Experience Tourist Hub located at Via Lungomare Falcone Borsellino, adjacent to the Barbacane Castle.
6. **General Provisions**
6.1 **Reward Validity:** Rewards are valid while supplies last.
6.2 **Level Updates:** Levels and rewards can be updated at any time at the discretion of Viandoo S.r.l.
7. **Competent Court**
7.1 For any disputes arising from the application or interpretation of these regulations, the parties agree to submit the dispute to the exclusive jurisdiction of the court of Marsala.