Terms & Conditions

www.koretraveler.com – http://https://www.koretraveler.com/it

 

CONTENTS

  1. Legal notice to users
  2. Definitions and general information
  3. Integrity and duration of the contract
  4. Validity and nullity of the contract
  5. User status and requirements
  6. Access, use of the platform, user obligations
  7. Platform content
  8. Applicable law and jurisdiction
  9. Disclaimer
  10. Data protection – Privacy
  11. Copyright
  12. Dispute resolution
  13. ODR Online Dispute Resolution
  14. Final provisions

 

A – Legal notice to users

 

Please read the following terms and conditions carefully before using this website http://https://www.koretraveler.com/it as they contain important information about limitations of liability and our Privacy Policy, which also governs your use of the Platform and establishes the terms under which the website’s owner may process personal information that we collect or that is provided by you and is incorporated by reference into these Terms and Conditions. The Privacy Policy can be found here https://koretraveler.com/privacy-policy.

By accessing or using the Platform, you acknowledge and agree that you have read, understood, and agree to be legally bound by these Terms and Conditions and the Privacy Policy.

It is important to us that the user have a great browsing experience and all the necessary information.

 

  1. The browsing and use of the website that can be reached at the URL www.koretraveler.com (hereinafter “Website”) implies full acceptance of these General Terms and Conditions of Use of the Website and the individual services and/or content provided for it (hereinafter “Services”). The user declares to have read, understood, and agreed to these General Terms and Conditions of Use and/or any other policies, legal notices, disclosures, or disclaimers posted anywhere on the Website.

 

  1. The obligations and warranties specified below are made by the user both on their own behalf and by the actions of any third party related thereto and authorized or otherwise using the Website.

 

  1. Use of this Website and the ability to access the Services is subject to acceptance of the General Terms and Conditions below. If you do not intend to accept these General Terms and Conditions please do not use the Website or its Services or download any materials from it. The terms and conditions of use govern all procedures between the website owner and the User for the “Website” koretraveler.com and shall remain valid for the entire duration of the relationship established. These terms and conditions of use of the website apply to all legal transactions that may be concluded between the owner of the website and the User without the need for an express reference to them or a specific agreement to that effect at the conclusion of each individual transaction or legal interaction. Any different conditions or terms apply only if confirmed in writing by the website’s owner.

 

  1. Access to certain Services on the Website may entail the acceptance of additional terms and conditions of use and which, as applicable, may supersede, supplement and/or modify the General Terms and Conditions. In the event of any conflict between the specific terms and conditions of particular Services and these General Terms and Conditions, the former shall always prevail.

 

  1. These Legal Terms and Conditions of the Website do not govern legal relationships that may be entered into through any websites, links, banners, or other hyperlinks on the platform. Before transacting business through links and/or purchase forms other than the one on this website, it is necessary for the user to check and accept their terms and conditions. The owner of this website is not responsible for the provision of services and/or sale of products by the websites that can be accessed through such links. The owner of this website does not perform any control and/or monitoring thereof, and is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or violations of law by them. Furthermore, it is up to the user to take precautions to ensure that any link followed or software downloaded (from our Platform or other websites) is free of viruses, worms, Trojan horses, defects, and other elements of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material therein or any association with their operators.

 

  1. To the extent permitted by applicable law, and except where otherwise specified based on deontological constraints and/or generally accepted business practices, users acknowledge that they use this Website at their own risk.

 

  1. The owner, proprietor, and operator of the website www.koretraveler.com is Project Earth s.r.l. (limited liability company), with registered office in Via per Curnasco 52 – 24127 Bergamo (BG) – Italy, VAT no./tax code: 04599800168, registered with the Bergamo Chamber of Commerce with Economic and Administrative Index no. BG – 474945 – Digital domicile/PEC certified email: projectearthsrl@pec.it– Email: contact@koretraveler.com in the person of its legal representative pro tempore.

 

  1. The website www.koretraveler.com hosts a technology platform (”Platform”) designed and managed by Project Earth s.r.l. (limited liability company), with registered office in Via per Curnasco 52 – 24127 Bergamo (BG) – Italy, VAT no./tax code: 04599800168, registered with the Bergamo Chamber of Commerce with Economic and Administrative Index no. BG – 474945 – Digital domicile/PEC certified email: projectearthsrl@pec.it– Email: contact@koretraveler.com in the person of its legal representative pro tempore that puts users/travelers in touch with hotels and lodging facilities in order to make a reservation to stay in the facilities published on the website. The website and therefore its owner as a mere provider and technical operator of the Platform is not a party to the contract between the user and the hotel at which the reservation will be made and where the services purchased will be performed. The contract between the parties will be concluded exclusively between the facility/hotel contacted and the user under the terms and conditions set forth in the terms and conditions of stay of the selected facility/hotel.

 

  1. For the protection of its users the owner of the website www.koretraveler.com will obviously try to perform a function of preventive control over the hotels/lodging facilities that it hosts on the platform, but it obviously does not and cannot exercise any other functions of control or management or interfere in the contractual/commercial relations that will take place directly between the user of the website and the selected/contacted lodging facility, other than to consider having the lodging facilities hosted on the platform sign a code of conduct, nor can it be called upon to provide warranties or indemnities.

 

  1. The owner of this platform reserves the right to change, supplement or vary the conditions of use by posting them on the “Website”. It will therefore be the User’s responsibility to view them. Please save a copy of these conditions for any future reference with respect to your use of the website.

 

  1. During the procedure for contacting the selected lodging facility you will be asked to click on the button “I accept the terms and conditions of the contract.” By doing so you will automatically accept all the provisions described below relating to the terms and conditions of use of this website, including those indicated on the last page of this document provided pursuant to articles 1341 and 1342 et seq. of the Italian Civil Code. The user specifically approves the provisions referred to below: A) 1-2-3-5 -6-7-8-9-10 Legal notice to users – C) 1-2-3-4 Integrity and duration of the contract – D) 1-2-3-4-5-6 Validity and nullity of the contract – E) 1-2-3 User status and requirements – F) 1-2-3-4 Access, use of the platform, obligations of the user G) Platform content H) Applicable law and jurisdiction I) 1-2-3-4-5-6-7-8-9-10 Disclaimer K) 1-2-3- Copyright and the Privacy Policy. If you do not accept these conditions, you will not be able to access the services offered at postcarditalia.com. These conditions and legal notices apply to the benefits, promotions and services offered on this website.

 

B – Definitions and general information

 

In these terms and conditions of use:

The phrase “Terms and Conditions of Use” refer to what is provided herein.

The word “User” means any natural or legal person which has completed or otherwise the procedure for contacting the selected lodging facility on the “Website” or which accesses the website, whether consumer (Consumer “User”) or professional (Professional “User”).

The phrase “personal data” refers to all personal information collected through the Website, including the person’s name, company name, address, phone number, email, tax code and/or VAT number, tax information required for billing and/or otherwise the data entered and provided.

The word “Service” refers to the services offered through this website.

The word “Website Owner” refers to the owner of this platform.

The “Website” is the online platform found on the domain www.koretraveler.com, including any subdomains, any URLs or portions thereof.

 

C – Integrity and duration of the contract

 

  1. A “validating click” constitutes an electronic signature.
    This electronic signature has the same value between the parties as a handwritten signature and shall be understood to be placed personally and/or by the legal representative vested with the powers to sign and assume obligations for the company represented thereby. The electronic record of acceptance shall have full legal validity and effectiveness, including for the purpose of establishing the place and date of acceptance and conclusion of the contract.

 

  1. These terms and conditions apply for the duration of the operation of the service on this platform on the internet website and are subject to change. The applicable terms and conditions are those in effect on the day and time the contact is sent to the selected lodging facility.

 

 

  1. Amendments: The Website Owner reserves the right to modify and amend these website terms and conditions of use at its discretion, so whenever the user wishes to use our Platform, they are asked to check these Terms and Conditions to make sure they understand the terms and conditions that apply from time to time. Use of our Platform will be subject to the most recent version of the Terms and Conditions. We recommend that the Terms and Conditions available on the Platform be read on a regular basis to be sure to be aware of any changes that may apply.

 

  1. The user will be subject to the policies and conditions established and in effect at the time the form is submitted, unless such changes and/or amendments are required by law or Competent Authorities (in which case they will also apply to previously submitted facility contact forms).

 

 

D – Validity and nullity of the contract

 

  1. If any of the provisions of these terms and conditions are deemed unlawful or unenforceable by virtue of a court decision, the other provisions shall remain valid and enforceable.

 

  1. Electronic communications. While browsing our internet website, you agree to the fact that any communication – in compliance with current law – is carried out electronically. The electronic records saved under reasonable security conditions in the IT systems of the website owner and the lodging facilities on the platform shall be considered as evidence of the relationship between you and the website.

 

  1. On the relevant pages, the user will find all the contact details of the selected lodging facility which should be contacted for any information and/or to receive instructions or guidance on making the reservation and providing the requested services.

 

 

  1. Force majeure:

 

  • In any case, the website owner shall not be liable for any failure to perform or delay its obligations to the user hereunder if caused by force majeure and otherwise beyond the reasonable control of the website owner, including but not limited to: pandemics, state, governmental, regional and/or authorities’ measures prohibiting or inhibiting production, retail sales, public activities as a result of disease, pandemics, infections, Covid-19, and/or directly or indirectly related thereto etc., strikes, lockouts, industrial actions, civil insurrections, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared) or threat or preparation for wars, fires, explosions, hurricanes, floods, earthquakes, collapses, or other natural disasters, inability to use railways, ships, airplanes, wheeled transportation, or other public or private means of transportation, inability to use public or private communication networks.

 

  • The performance of the website owner under this contract shall be considered suspended during the period when such out-of-control events are in progress, and the website owner shall have an extension of time for each of the services ongoing during such events. The website owner shall use reasonable diligence to end the event or in any case to find a solution that allows it to fulfill its obligations despite the event.

 

  1. Waivers.

 

  • Note that the website owner’s failure to exercise a right or failure to demand performance of the obligations assumed by the user can in no way be considered as a waiver of its rights and/or claims.

 

  • Likewise, any waiver by the website owner of the performance of an obligation of the user shall be regarded as a single and exclusive waiver and shall not be considered a waiver of the subsequent performance of the user’s other obligations.

 

  • No waiver by the website owner relating to any of these terms and conditions shall be deemed to be such unless expressly set forth and communicated in writing to the user.

 

  1. Exclusive nature of the agreement:

 

  • these terms and conditions of use of the website and each document expressly referred to herein constitute the only valid agreement between the website owner and the user and supersede any other agreement made either in writing or orally.

 

  • It is understood that by entering into this contract, neither party has referred to any agreement, promise, or obligation of the other, nor to any other obligation arising from oral or written agreements and prior to said contract, except as expressly set forth in these terms and conditions of use of the website.

 

E – User status and requirements

 

  1. The website owner has created and published the “Website” for the purpose of offering a confidential service to third-party lodging facilities hosted on the platform and to users.  End Consumer means a natural person acting for purposes unrelated to their business, trade, craft or profession, if any, as established in Article 3 of the Consumer Code. Professional is defined as the natural or legal person acting in the exercise of their business, trade, craft or profession, or an intermediary thereof. The relationship between the selected lodging facility and the end consumer and/or the professional shall obviously be governed by the various laws applicable to the facility contacted according to the law in force at the facility’s location and according to the principles of law applied depending on the origin of the parties, their status and the type of contract that will be concluded.

 

  1. The user must ensure that the following conditions are met in order to access the service: A) that they have the legal capacity to conclude contracts with binding effect for themself or the legal person they represent; B) that they are of legal age; C) that they are a natural person acting as a consumer or professional with a VAT number; D) that they have a valid email address; E) the Platform is used to search for availability at lodging facilities on the website; F) if the user uses the Platform on behalf of someone else, they will inform them of the Terms and Conditions that apply to any search and/or booking made on their behalf, including all applicable rules and restrictions under these Terms and Conditions; G) all information provided to our Platform by the user must be true, accurate, current, and complete.

 

  1. The website owner reserves the right at its discretion to deny anyone access to the Platform and the services it offers, at any time and for any reason, including but not limited to for violation of these Terms and Conditions.

 

F – Access, use of the platform, user obligations

 

  1. The Platform is currently made available for personal, non-commercial use free of charge.

 

  1. In accordance with Italian Legislative Decree no. 70 of April 9, 2003, as amended and supplemented containing provisions on electronic commerce, the website informs the user that in order to use the platform’s service, the user must complete the contact form for the selected facility and submit it electronically from the website following the instructions that will appear from time to time on the Website.Before submitting the form, the user will be able to identify and correct any errors by following the instructions on the Website at the various stages of completion. The contact form shall be stored in the database of the website for the time necessary for its execution, and in any case within the terms of the law. The language available to users for the conclusion of the contract is Italian/English. Customer Service is able to communicate with users in the same language.

 

  1. The user warrants that the personal information provided during and necessary for the procedure on the Website is complete and true, and agrees to hold the website harmless and indemnified against any damages, compensatory obligations and/or penalties arising out of and/or in any way connected with the user’s violation of the rules for the procedure for contacting the selected facility on the Website.

 

  1. The website owner does not guarantee that access to the Platform or any of its content will always be available or uninterrupted. It may suspend, withdraw, discontinue or modify all or any part of the Platform without notice. The user must not: _ misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs, or any other malicious or technologically harmful material; _ attempt to gain unauthorized access to the Platform, the server the Platform is stored on, or any server, computer, or database connected to the Platform; _ attack the Platform through a denial-of-service attack or a distributed denial-of-service attack. Furthermore, the user agrees not to: use the Platform or its content for any commercial purpose; _ make any speculative, false or fraudulent reservation or any reservation in anticipation of demand; _ access, monitor or copy any content or information on our Platform using robots, spiders, scrapers or other automated means or any manual process for any purpose without our express written permission; _ violate the restrictions contained in any robot exclusion protocol on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform; _ take any action that imposes, or at our discretion may impose, an unreasonable or disproportionate load on our infrastructure; _ directly connect (via deep-link) any part of our Platform (including without limitation the path to purchase any hotel services) for any purpose without our express written permission, which we may withdraw at any time at our discretion; _ or incorporate via frame, mirror, or otherwise any part of the Platform into any other website without our prior written permission, which we may withdraw at any time at our discretion. The website owner reserves the right to report such violations to law enforcement authorities and to cooperate with such authorities by disclosing the user’s data and identity, reserving the right to take any necessary legal action, and you may be held liable for monetary losses to the website owner including costs and damages. In the event of such a violation, the user’s right to use the Platform shall cease immediately.

 

 

G – Platform content

 

  1. The Website may display offers for destination travel products including tours, events, attractions, cruises and others, but the Website does not provide, own or control any of the destination travel products accessible through our Platform (the “Travel Products”). Travel Products are owned, controlled, or made available by a third party (the “Travel Product Provider”), either directly (e.g., a tour operator) or through an intermediary (e.g., an online travel agency). The Travel Product Providers are responsible for the Travel Products and all reservation contracts. The Travel Product Provider’s terms of use and privacy policy apply to the reservation you make, so you must understand and agree to such terms. Furthermore, the terms of the individual Travel Product operator you intend to use, if different from those of the Travel Product Provider, shall also apply to the reservation you make, so you must understand and agree to those terms as well. The Platform is a search engine and does not own or control any of the hotel and/or lodging services and products on the Website that can be accessed through our Platform (the “Hotel Products”). The Hotel Products are owned, controlled, or made available by a third party (the “Hotel Providers”), either directly (e.g., a hotel) or through a hotel reservation facilitator (e.g., an online travel agency). The Hotel Providers are responsible for the Hotel Products and all reservation contracts. The reservation of a Hotel Product is made exclusively through the Hotel Provider/lodging facility. The terms and privacy policies of the Hotel Providers/lodging facility apply to the reservation, so you must accept and understand such terms. The user’s interaction with any Hotel Provider/facility and Travel Product Provider accessible through our Platform shall take place at the user’s own risk, and the website owner has no liability in the event of issues with the reservation. The website owner has no control over the Hotel Products and Travel Products (collectively, the “Products”) or the Hotel Suppliers and Travel Product Suppliers (collectively, the “Suppliers”). The website owner hosts content, including prices, images, and other information, made available or obtained from Hotel Providers (“Provider Content”), as well as content provided by users and other sources, such as comments, ratings, and other information (“User Content” and together with the Provider Content, the “Content”). The website owner is in no way responsible for the accuracy, quality, completeness, timeliness, or reliability of the Content, and the website owner cannot influence the Content. Specifically, we do not guarantee that the Content of the lodging facility hosted on the website, especially the prices listed therein, are updated in real time or that a particular Hotel/lodging Product will be available.

 

H – Applicable law and jurisdiction

 

  1. The website owner declares that the Website has been created and its operation is governed by Italian law. Users who access this Website declare for all legal purposes that they accept that all matters relating to the use thereof are governed by the current laws of Italy. Any disputes between the user and the lodging facility on the platform shall be governed by the applicable law according to current regulations.

 

  1. The website owner in no way warrants that the content of the Website complies with the regulations in other countries. Accessing the Website from places where its content is considered illegal is expressly prohibited. Users who decide to access the Website from such countries are fully aware of the legal consequences and penalties they risk incurring and shall be solely responsible for compliance with local laws.

 

  1. If any individual provisions of these general terms and conditions should be declared ineffective or conflict with applicable regulations, the others shall nevertheless remain valid for all legal purposes.

 

  1. Any dispute arising between the parties as a result of the interpretation, validity or execution of these general terms and conditions of sale and the related contracts entered into shall first be subject to the exclusive jurisdiction of the judicial body competent under Italian law, and where the principle of exclusivity of the jurisdiction established by the parties is applicable, the court of Bergamo.

 

I – Disclaimer

 

  1. The website owner publishes information on its Website in order to provide a service to users, presents and describes selected lodging facilities published on the platform, however the images are shown for illustrative purposes only. The user must then refer to the facility contacted through the platform to learn about its specific characteristics. The website owner disclaims any responsibility for issues with regard to the display of what is published on the platform due to a particular configuration of the computer used by a user or its malfunction.

 

  1. The website owner makes no warranty as to the conformity of the information posted on the Website with the laws in the jurisdiction of the user’s country of residence.

 

  1. The website owner also reserve the right to make corrections and changes to the Website whenever deemed necessary without giving prior notice.

 

  1. The website owner disclaims all liability relating to any problems, damages or risks of any kind caused directly or indirectly by accessing the Website, the inability or impossibility of accessing it, reliance on and use of the news contained therein that the user may encounter while using the Website.

 

  1. The website owner is in no way responsible for the websites that can be accessed through the links placed within the Website, provided as a mere service to internet users. The fact that the website owner provides these links does not imply endorsement of such websites, for whose quality, content, graphics, and information the website owner disclaims any responsibility.

 

  1. Therefore, the completeness and accuracy of the information is the responsibility of the owners of the websites accessed under the conditions envisaged by them.

 

  1. The website owner does not, or rather cannot, offer any assurances about any software that may be on its Website or on external websites, and cannot guarantee its quality, safety, or compatibility with the systems in use.

 

  1. The website owner disclaims any responsibility regarding any malfunctions related to the deactivation of cookies in the user’s browser.

 

  1. The website owner reserves the right to amend/revise the terms and conditions contained in this legal notice through an update thereof whenever deemed appropriate, without any obligation to give notice. The user shall be required to abide by the terms contained in these legal notices, periodically checking them for updates, changes, and corrections.

 

  1. Except in cases of justified dispute raised in accordance with the provisions set forth in these terms and conditions, the user shall have no further right or remedy. Specifically, the website owner is not liable for any compensation claimed for breach and/or non-performance of contract, for any direct damage or loss of profit endured by the User as a result of non-performance by the lodging facility/hotel contacted through the platform.

 

J – Data protection and privacy

 

  1. The data of the User will be collected, processed, stored, disseminated and deleted by the website owner in accordance with the provisions of Italian law, as well as Reg. EU no. 679/2016 as amended. as specified by the privacy policy provided in the privacy section of the website.

Therefore, the user agrees to read the privacy policy published on the Website, in which all their rights, faculties, information envisaged by current law, as well as in what cases and in what manner if any they will have to provide consent are indicated.

 

  1. The website owner processes personal data of customers in a manner aimed at the conclusion and execution of the contract and in accordance with the regulations in force in Italy.

 

  1. The personal data provided when submitting the contact form (such as first and last name, email, address, telephone number or other) are used by the website owner for the purpose of providing the service.

 

  1. The personal data shall be treated by the website owner confidentially and shall not be transferred to third parties who are not directly involved in the fulfillment procedures.

 

  1. Upon request, the User may receive information free of charge about their personal data stored by the website owner. Where there is no legal obligation to store them, the User shall also be notified of the inaccuracy, blocking and deletion of their personal data.

 

K – Copyright

 

  1. The design of the Website, its text, figures, the selection and arrangement thereof, and all software compilations, source code, the software itself (including applets) and all other material on the Website are protected by the copyright of the website owner or its suppliers. All rights reserved. Permission is granted to make an electronic copy or to print hard copy portions of the Website for the sole purpose of contacting the selected facility on the platform. Any other use of the material published on the Website, including reproduction for purposes other than those noted above, modification, distribution, republication without the prior written consent of the website owner is strictly prohibited.

 

  1. All content of the Website: text, images, graphics, files (including this policy), and information within this Website are protected under all copyright, industrial law, and all other relevant regulations.

 

  1. Any facilities or companies mentioned in this Website are trademarks of their respective owners and are protected by the relevant regulations.

 

L – DISPUTE RESOLUTION

 

  1. It is hereby noted that in the event of a dispute related to the payment of a sum of less than €50,000 resulting from e-commerce sales made to users who are not consumers but professionals, before filing litigation before the competent Judicial Authorities it is necessary to first attempt assisted negotiation: this is a procedure that takes place with the assistance of lawyers and aims to reach an agreement to settle the dispute amicably (Art. 2, Italian Decree-Law 132/2014).

 

M – ODR Online Dispute Resolution

 

  1. Since February 15, 2016, thanks to Regulation EU no. 524/2013, it is possible for consumers to access the Online Dispute Resolution (ODR) platform for dispute resolution. The ODR is an online tool made for sellers and consumers to facilitate and simplify the out-of-court resolution of disputes arising from online commerce. In Italy, the ODR Contact Point was established under Italian Legislative Decree no. 130/2015. To activate the procedure, no special steps are required. In fact, it is simply necessary to access the ODR (Online Dispute Resolution) platform and fill out the form that is then submitted to the competent bodies (ADR) and then wait for the solution to the dispute, which should be received within 90 days of the complaint. Note also that no assistance from a lawyer is required to initiate the procedure, and the service is free of charge. The resolution process consists of three steps: 1) The consumer fills out the online complaint form, describing the subject of the dispute. 2) The complaint is sent to the professional who proposes an ADR entity to the consumer. 3) Once the consumer and merchant reach agreement on the ADR entity assigned to handle their dispute, the platform automatically transfers the complaint to that entity, which will handle the case entirely online within 90 days.

 

  1. The link to access the platform is http://ec.europa.eu/consumers/odr/

 

N – Final provisions

 

  1. These Terms and Conditions, together with the other legal conditions and mandatory notices related to the user’s use of the service offered by the Website, will be posted and remain available to the user at all times on the Website.

 

  1. The whole or partial invalidity of individual provisions of these General Terms and Conditions of Sale shall not affect the validity of the remaining provisions.

 

  1. Such information may also be sent to you or posted in sections of the Website or other areas relevant to the user’s use of the Services. When using the platform, the user must read and agree to all terms and conditions contained in these Terms and Conditions including any updates. These Terms and Conditions of Use are communicated and stipulated with the user in the language available on the platform. It is recommended to keep a copy of this Contract (including all the Rules) for reference purposes.

 

Pursuant to Articles 1341 and 1342 et seq. of the Italian Civil Code, the user specifically approves the provisions referred to below: A) 1-2-3-5 -6-7-8-9-10 Legal notice to users – C) 1-2-3-4 Integrity and duration of the contract – D) 1-2-3-4-5-6 Validity and nullity of the contract – E) 1-2-3 User status and requirements – F) 1-2-3-4 Access, use of the platform, obligations of the user G) Platform content H) Applicable law and jurisdiction I) 1-2-3-4-5-6-7-8-9-10 Disclaimer K) 1-2-3- Copyright.