VesuvioWay Terms of Service (“Terms”)
Users who utilize the services offered by the VesuvioWay website (“VesuvioWay” or the “Platform”) declare that they are aware of and accept these Terms and Conditions (“Terms”).
1. Platform Owner
1.1. DAQ Vesuvio
QUALITY AGRIFOOD DISTRICT VESUVIO
Limited liability consortium company
Via Pomigliano, 2 | 80048 Sant’Anastasia (NA) | Italy | Ph. +39 081 5306951
www.distrettovesuvio.wine | daq@distrettovesuvio.wine | PEC daq@pec.distrettovesuvio.wine
VAT and Tax ID 09626721212 | Business Register NA 09626721212 | REA NA1045900
Share capital €20,060.00 int. ver.
2. Information about VesuvioWay
VesuvioWay is a web platform for wine and food tourism, aiming to make experiences at wineries more accessible to customers and directly connect wine producers and enthusiasts. Wineries have the opportunity to promote and sell their products (including events) through the platform.
3. Services Offered by the Platform
Through the Platform, users can book wine and food tourism experiences at unique locations offered by exclusive partners in the industry (e.g., wineries, spas, B&Bs, and others, “Partners”).
4. Registration, Sign-up, and Cancellation
User registration is not required to use the services. However, registered users can view their booking summary and monitor its status. During registration or when purchasing services, users must provide truthful and complete information: name, surname, valid and active email address, phone number, and payment details. Users declare acceptance of these Terms during registration. Registered users must also create a password of at least 6 characters and are responsible for keeping it secure. If credentials are lost, stolen, or if unauthorized access is suspected, users must promptly inform VesuvioWay and update their credentials. VesuvioWay is not responsible for unauthorized access to user accounts. Registered users can request account deletion by contacting VesuvioWay directly. In case of violation of these Terms, VesuvioWay reserves the right to suspend or close the user’s account at any time without notice.
5. Contract Conclusion
By clicking “Book,” the user sends a purchase proposal for the selected services to the chosen supplier through VesuvioWay. Upon receiving the request, VesuvioWay automatically sends the user a first message confirming receipt of the proposal (“Booking Receipt”). With this communication, VesuvioWay confirms receipt of the order and submits it to a data and service availability verification process with the Partner providing the service. The purchase is considered complete only upon receiving another email (“Booking Confirmation”) from the Partner confirming acceptance of the proposal and payment.
6. Duration
The duration of services is indicated at the time of payment and confirmed in the order confirmation email.
7. Withdrawal
Under the right of withdrawal, users can request a refund within 14 days from the Booking Request date and no later than two days before the scheduled service date. Users must communicate the refund request to the VesuvioWay partner using the contact information provided. After verification, the VesuvioWay partner will refund within 14 days of receiving the request using the same payment method used in the transaction. For additional information or assistance with a refund request, users should contact the VesuvioWay partner at the provided contact information.
8. Payment and Invoicing
Users can use the following payment methods for service purchases:
– Credit/debit card: The VesuvioWay partner will request authorization from the user’s card issuer to use it for payment. The partner will not accept the user’s request until the issuer authorizes the card’s use. The partner will not charge the card until the purchase process is completed. For more information on authorization and payments, users should contact their credit/debit card issuer.
– Alternative payment methods: The VesuvioWay partner allows linking to the user’s PayPal, Alipay, WeChat Pay, and others to confirm payment.
9. Guarantee and Liability
VesuvioWay emphasizes that the Partner is:
– The seller of the wine tourism experience.
– Responsible for providing the service to the user.
Therefore, VesuvioWay does not provide any guarantee or make any promises regarding the quality and proper functioning of the services.
10. Service Suspension and Interruption
VesuvioWay reserves the right to add, remove features, or suspend or terminate the service provision temporarily or permanently. In case of permanent discontinuation, VesuvioWay will act to allow users to retrieve their information hosted on VesuvioWay. Refunds for already made payments are not allowed in case of deactivation, even if they relate to unused portions of the service.
11. Resale of Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of VesuvioWay and its services without express permission from VesuvioWay, either directly or through a specific resale program.
12. Indemnity
Users agree to indemnify VesuvioWay from any obligation or liability, including any legal expenses incurred in defending against claims arising from damage caused to other users or third parties in relation to content uploaded online, violation of legal terms, or the terms of these service conditions.
13. Privacy Policy
For information on personal data processing, users should refer to VesuvioWay’s Privacy Policy.
14. Limitation of Liability
Except in cases of willful misconduct and gross negligence, VesuvioWay assumes no responsibility for direct and indirect damages suffered by the customer and/or third parties resulting from the use and/or non-use of the service. The overall liability of VesuvioWay to the customer for any and all claims related to or arising from this contract or based on claims for compensation or contribution, will not exceed the amount paid by the customer for the service.
15. Changes to these Terms
VesuvioWay reserves the right to make changes to these Terms at any time by notifying the user through publication on the VesuvioWay website. Users who continue to use VesuvioWay after the publication of changes accept the new Terms without reservation.
16. Contract Assignment
VesuvioWay reserves the right to transfer, assign, dispose of by novation, or subcontract all or some of the rights or obligations arising from these Terms, provided that the user’s rights specified here are not prejudiced. Users may not assign or transfer their rights or obligations under these Terms without the written consent of VesuvioWay.
17. Communications
All communications related to VesuvioWay must be sent using the contact information provided.
18. Applicable Law and Competent Court
These Terms and any disputes regarding the execution, interpretation, and validity of this contract are subject to the law, jurisdiction of the State, and the exclusive competence of the court of Naples, where the exclusive jurisdiction for consumers is not applicable.
Pursuant to Article 14 of Regulation 524/2013, we also inform you that, in the event of a dispute, you can file a complaint through the Online Dispute Resolution (ODR) platform of the European Union, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform serves as an access point for Registered Users who wish to resolve disputes arising from online sales or service contracts through extrajudicial means. For further information, please contact: daq@distrettovesuvio.wine.
Terms and Conditions of Use of the VesuvioWay Platform (“Terms”)
These General Terms and Conditions of Use of the Platform (“Terms”) establish the conditions under which it is allowed to use the website www.VesuvioWay.it (“Platform”) by the user, both as a visitor and as a registered user (“User”). The use of the Platform includes access, navigation, or registration. By accessing or using the Platform in any way, the User agrees to be bound by these Terms.
1. Platform Owner
1.1. DAQ VESUVIO
– QUALITY AGRI-FOOD DISTRICT VESUVIO
– Limited liability consortium company
– Via Pomigliano, 2 | 80048 Sant’Anastasia (NA) | Italy | Ph. +39 081 5306951
– www.distrettovesuvio.wine | daq@distrettovesuvio.wine | PEC daq@pec.distrettovesuvio.wine
– Tax Code and VAT 09626721212 | R.I. NA 09626721212 | REA NA1045900
– Share capital €20,060.00 fully paid.
2. Changes to the Terms
VesuvioWay reserves the right to modify the Terms at any time, in whole or in part. The User is required to periodically check this page to be aware of any changes that will be binding on the User.
3. Access to the Platform
The Platform is made available free of charge. VesuvioWay reserves the right to suspend or interrupt access to the Platform at any time without notice due to maintenance, emergencies, or other reasonable reasons.
4. Age of Use
The Platform may only be used by users aged 18 or older and who have the legal capacity to enter into legal obligations (purchases made on the Platform, for oneself or for others for whom one has the legal right to act, will be legitimate).
5. Intellectual and Industrial Property
DAQ Vesuvio is the owner or licensee of all intellectual and industrial property rights related to the Platform, its content, and materials published therein (including, but not limited to, texts, lists, manuals, photographs, illustrations, images, technical drawings, videos, audio, advertising texts, trademarks, domain names, databases, designs, projects, even if not covered by a patent, software, databases, and any other material or content – collectively, the “Material”). These rights are protected by applicable laws and international treaties.
The contractual protection provided by these Terms is always preserved, considering that the use of the VesuvioWay site implies acceptance, and therefore any activity of illicit use of the same, as provided in the “Unauthorized Uses” paragraph, will be considered a violation of the contract between the parties.
The User is authorized to print a copy of the pages of the Platform and to download extracts for their personal use or to share them with others within their organization.
The User may not modify the Material, whether in print or digital form, printed or downloaded from the Platform. Furthermore, the User may not use images, photographs, video or audio sequences, or any graphics separately from the accompanying text.
VesuvioWay must always be indicated as the author of the Material.
The User may not use the Platform or the Material for commercial purposes without the prior written consent of VesuvioWay.
6. Limitations of Liability
To the extent permitted by law, VesuvioWay excludes any warranty, express or implied, regarding the Platform and its use.
VesuvioWay excludes any liability, contractual or non-contractual, towards the User for damages or losses arising from or connected to:
the User’s use or inability to use the Platform;
the impossibility of accessing the Platform;
the use of information or materials contained on the Platform or reliance on them.
7. Rights to User-Provided Content
VesuvioWay reserves the right to use the content provided by users to create reports, articles, or newsletters in favor of the users themselves or third parties.
8. User-Provided Content
Users are responsible for their own content and that of third parties they share on VesuvioWay, whether through uploading, insertion, or any other means. Users indemnify VesuvioWay from any liability regarding the unlawful dissemination of third-party content or the use of VesuvioWay in ways contrary to the law. VesuvioWay does not perform any moderation of the content published by the User or third parties but undertakes to intervene in response to User reports or orders issued by public authorities regarding content deemed offensive or unlawful.
9. Reviews
The Platform provides a space for Users to leave a review or comment about their experience. To publish a review, the User must be registered on the Platform or must have been invited to write a review via email from VesuvioWay. The review must exclusively relate to the experience booked through the Platform. When writing a review, the User must observe the following guidelines:
focus on the lived experience;
provide details about why the experience was liked or disliked.
VesuvioWay reserves the right not to publish or remove the User’s review if it violates the guidelines or contains:
insults or vulgar language;
random characters or sequences of meaningless words;
a violation of the intellectual property rights of third parties;
advertising, spam, or references to other products or services;
personal information or elements that may lead to identity theft (e.g., names and surnames of non-public figures, phone numbers, postal addresses, or email addresses).
10. Content Provided by Third Parties
VesuvioWay does not carry out any preventive moderation of content or links provided by third parties shown on VesuvioWay. VesuvioWay is not responsible for such content and its accessibility. It is the User’s responsibility to perform necessary or appropriate checks before using these sites or conducting a transaction with any of them.
11. Unauthorized Uses
The Platform may NOT be used for:
illegal, illegitimate, or fraudulent purposes;
conveying inaccurate, illegal content, and, in particular, content that invades privacy, is offensive, indecent, threatening, incites hatred or violence, or for which intellectual property rights are not owned and for which the rights holders have not given authorization;
using, monitoring, extracting, or copying the structure, content, or data of the Platform or the actions of any User on the Platform using robots, spiders, scrapers, spyware, keystroke recorders, or other automatic programs or devices or manual processes for any purpose;
bypassing measures to prevent or limit access to the Platform;
undertaking any action that imposes or may impose an excessive or unreasonable burden on the infrastructure of the Platform;
establishing an invisible link to the Platform for any reason;
attempting to modify, translate, adapt, revise, decompile, dismantle, or reverse engineer any software used by VesuvioWay.
12. Indemnity
The User agrees to indemnify and hold VesuvioWay harmless from any liability, damage, and cost (including, without limitation, legal fees) that VesuvioWay may incur due to:
– a violation by the User of the Terms or the statements and warranties herein;
– claims by third parties based on the User’s use of the Platform and/or Material or the User’s use of the Platform and/or Material in violation of the Terms;
– information or Material that has been sent, transmitted, or uploaded by the User or through their account.
13. Final Provisions
In the event that a provision of these Terms is declared null and void, illegal, unenforceable, or inapplicable, the validity, legality, enforceability, or application of other provisions of these Terms shall not be affected or compromised, and the other provisions shall remain in force maintaining their full validity.
VesuvioWay may proceed to draft a new clause with the effect of restoring the common intent of the parties as expressed in the initial clause, in accordance with applicable law.
The article titles in this document are solely for illustrative purposes and should not be considered an integral part of these Terms.
Except as otherwise provided in these Terms, the failure or delayed exercise by VesuvioWay of any of its rights or remedies shall not constitute a waiver of the right or remedy or a hindrance to a subsequent exercise of the right or remedy.
To the extent permitted by law, these Terms and the relationship between VesuvioWay and the User are governed and interpreted in accordance with Italian law.
To the extent permitted by law, all claims, disputes, or matters arising from or in any way related to these Terms will be handled by the competent courts in Milan. Pursuant to EU Directive 2013/11/EU of May 21, 2013, on alternative dispute resolution for consumer disputes, the link to the European platform for online dispute resolution is available below: [European Online Dispute Resolution platform](https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home 2.show&lng=IT).