General terms and conditions of service
- Wanderio S.p.A., with registered office in Rome, Viale Città d'Europa 780, postal code 00144, VAT 12303801000, share capital 16.833,31, of which 16.833,31 fully paid, email [email protected], operating under technical direction of travel agency Cruzeiro do Sul di Wanderio S.r.l., SCIA Prot. n° 65937 12/05/2015, issued by Città metropolitana di Roma Capitale, insurance policy n° 184510, offers to its users (hereafter, "Users") of the website www.wanderio.com (hereafter, "Website"), the chance to:
- search and compare – online – one or more combinations of transport services, necessary to reach the User’s destination (hereafter, “Transport Service”); and eventually
- require Wanderio to buy in the name and on behalf of the Users, through a single operation, the specific transport services listed under paragraph a), indicated as available on the Website (hereafter, "Solution" or "Transport Solution") from transport service providers (defined as "Transport Operators"), compatibly with their actual availability.
- The service provided by Wanderio pursuant to article 1.1 above (hereafter, "Service") is ruled under the present general conditions of service (hereafter, "General Terms and Conditions"). The Service does not fall within the definitions of "travel planner" nor of "intermediary", set forth under article 33, Tourism Code (Legislative Decree 23 May 2011, no. 79).
- At any time, Wanderio shall be entitled to modify these General Terms and Conditions, if such amendments should be required by applicable laws and regulations or by changes made by Wanderio to its commercial policies according to market needs. These amendments shall not apply to the purchases executed by the User before the modifications became effective. Wanderio strongly recommends the User to verify these General Terms and Conditions before the use of the Service.
- The use of the Website by the User involves the unconditional acceptance of these General Terms and Conditions and the obligation to comply with them. Wanderio strongly recommends the User to save on his/her personal computer or other device these General Terms and Conditions and to print them.
- In order to access the Website and use the Service, the User shall have the necessary tools, connections, equipments, hardware and software tools. Wanderio is not liable for offering the User the latter instruments, connections, equipments and tools, neither is liable for any possible defect or malfunctioning of the latter.
- Articles 48 to 67 (with exception for articles 51, point 2, 62 and 65) of the Legislative Decree dated 6 September 2005, no. 206 (hereafter, "Consumer Code") shall not apply with reference to the User’s booking order of any Transport Solution through the Website. The latter case consists, indeed, in the purchase, through Wanderio, of passenger transport to which, according to article 47, point 1, letter (m) of the Consumer Code, the above mentioned articles do not apply.
2. Access to the website
- The User can search any information on the Transport Service according to article 1.1, letter a) without being required to register to the Website or to provide his/her own data.
- In order to proceed to the purchase of the Transport Solution according to article 1.1, letter b) above, the User will have to register to the Website, following the illustrated procedure and providing the information therein required. Thereafter, the User shall be entitled to access to the Website through its ID and password (hereafter, “Access Codes"), provided under the registration procedure.
- The User hereby represents and warrants that data filed during the registration procedure are truthful and correct and he/she shall commit to update them in each case of modification. By registering to the Website the User further represents and warrants to be 18 or older and to have the legal capacity to use the Service.
- The User is responsible to protect his/her Access Codes and to keep them secret. In case of loss or disclosure to third parties, the User shall undertake to promptly notify it to Wanderio.
- Any use of the Services provided by the Website requiring the use of Access Codes are considered as made by the User, owner of such Access Codes, and consistently with the data provided during the registration procedure set forth under article 2.3.
- Wanderio shall not be responsible for any damage, cost or loss suffered by the User in case of fraud or any other unauthorized use of User’s Access Code by third parties.
3. Booking of transport solutions
- Upon selection of the departure and destination on the Website, the User will be able to decide among several Transport Services that will permit him/her to reach the chosen destination from the departure city.
- Wanderio does not make any representation that the Transport Services provided by the Website are all the travel arrangements available from the departure to the destination selected by the User.
- The information provided under previous article 3.2 result from: (i) data made available to the public by single Transport Operators; (ii) data available online through engine searches accessible by the public. This information is made available by Wanderio directly to the User through reproduction on the Website and/or indirectly through an hyperlink (link) to single Transport Operators' websites. Wanderio does not grant that such information does not contain errors or misstatements. The User shall verify the information received with the single Transport Operators. The Transport Operators are the solely responsible for the truthfulness and correctness of provided data.
- The User represents and warrants that any search of Transport Services are done only and exclusively for his/her own personal interest and in particular, that he/she does not execute such operations (directly or with the assistance of automated computer program or application) for his/her own commercial advantage and/or in order to provide same or similar commercial activities to those provided by Wanderio.
4. Purchase and confirm
- The User shall be entitled to require Wanderio to buy in the name and on behalf of the User the Transport Solution chosen by him/her on the Website from Transport Operators, upon the previous payment by the User of the amount resulting on the Website for the chosen Transport Solution, according to article 4.4.
- In order to proceed with the booking order of the Transport Solution, the User shall click on the electronic button provided on the Website bearing the words "Order with Obligation of Payment" and subsequently pay the Consideration (as defined below).
- The User shall pay the consideration related to the chosen Transport Solution (hereafter, “Consideration"), as indicated at the end of the purchase procedure, through the payment tools specified on the Website. This Consideration, as highlighted in detail on the Website with the indication of the different payment methods, includes the amount due to Wanderio for the Service provided under article 1.1, letter b).
- If the purchase of the Transport Solution is made by the User through credit card, the Consideration will not be charged on the credit card but it will be secured until definitive booking confirmation of the Transport Solution according to the following article 4.5.
- After receiving the booking order by the User according to article 4.2, Wanderio shall immediately send to the User a confirmation e-mail providing all the details of the chosen Transport Solution and the paid Consideration. Afterwards, Wanderio shall verify the availability of the Transport Services provided by the Transport Operators and included in the chosen Transport Solution, according to terms and conditions provided on the Website.
- Within 48 (forty-eight) hours from the User's request, Wanderio shall inform the User via email of the successful purchase of the Transport Solution, sending all the details of the Transport Solutions, or either of the impossibility to proceed to such purchase under the same conditions and terms provided on the Website.
- In case of impossibility to proceed with the purchase of the Transport Solution according to the terms and conditions of the Website, in case of payment with credit card, Wanderio shall release the amount previously secured, and, in case of payment through other payment methods, Wanderio shall immediately accredit to the User the entire amount paid by the User as Consideration.
- If the User should not receive any confirmation of the processed Transport Solution within 2 (two) hours from the sending of the booking order or should not receive any confirmation of purchase of the Transport Solution provided under article 4.6 within 48 (forty-eight) hours form the sending of the booking order, the User shall promptly inform Wanderio by sending an e-mail to the following address: [email protected]
5. Cancellation and amendment of the Transport Solution – Exclusion of withdrawal right under article 47 point 1, letter m) of the consumer code
- If provided by the agreements with the Transport Operators, with reference to the Transport Solutions Service included in the chosen Transport Solution and within the limits provided herein, the User shall be entitled to require Wanderio to cancel or amend all or part of the chosen Transport Solution.
- In order to require cancellation or modification of all or part of the Transport Solution according to previous article 5.1, the User shall send an email to the following address: [email protected] or otherwise contact Wanderio by using any other communication tool available on the Website (e.g.: chat). Wanderio, within the limits and rights granted to the User by the different Transport Service of the Transport Solution, shall make its best effort to respond to the User's request.
- Wanderio shall not be responsible for any damage or consequences suffered by the User due to the impossibility to modify or cancel all or part of the Transport Solution purchased by the User through by the Website.
- Wanderio shall not be responsible for the payment to other Transport Operators of any other amounts due to them by the User, in any capacity, whatsoever, for the cancellation or modification of all or part of the Transport Solution requested by the User. In such case, if necessary, Wanderio shall proceed to the cancellation or modification of the Transport Solution requested by the User upon the previous payment to Wanderio by the User of the amount requested by the Transport Operator.
- According to article 1.6 above, the User shall not be entitled to exercise the right of withdrawal pursuant to article 52 and ff. of the Consumer Code, with reference to any purchased Transport Solution, because the purchase of any such Transport Solution involves the purchase through Wanderio of Passenger Transport Solutions for which, according to article 47, paragraph 1, letter m) of the Consumer Code, application of the right of withdrawal is excluded pursuant to article 52 of the Consumer Code.
6. User's responsibility and duties
- With reference to the chosen Transport Solution, the User shall verify if it is necessary to obtain licenses, authorizations or visas from the authorities of destination countries and therefore the User shall provide himself/herself with all required documents before leaving. Wanderio does not provide any information on the above and shall not be liable in case the User should not be able to travel or should suffer any other consequence, because of the lack of documents and/or authorizations mentioned above or because of their incorrectness.
- If other Transport Services on the Website, although linked to a Transport Solution purchased by the User, cannot be bought through Wanderio, the User shall directly purchase them without using the services provided by the Website. Wanderio disclaims any liability in case any Transport Services cannot be purchased through the Website for any reason or cause.
- The User shall verify terms and conditions concerning the chosen Transport Services available in the relevant field of such purchased Transport Solution. Wanderio shall not be responsible for User’s lack of knowledge of such terms and conditions. With particular reference to the air transport, the User shall verify with the Transport Operator terms and conditions relating to the purchased flight including, but not limited to, the following information concerning: disabled transport, pregnant women transport, check-in, boarding, limitations on luggage, reimbursement for cancelled travels, flight delays, animal transport, possibility to cancel or modify the Transport Solution.
- Such General Terms and Conditions shall be examined online by the User before any confirmation of the purchase. Therefore, the forwarding of the order confirmation implies the full understanding and acceptance of the above General Terms and Conditions.
- The User, by using the Website in order to book the Service, shall entitle Wanderio to act as the User’s agent with representative powers in the process of comparison amongst the various Transport Operators, in the booking process of the Service by the Transport Operator chosen by the User, and to pay for such services in the name and on behalf of the User, as requested.
- The User shall undertake to use the Website and the Service for legitimate purposes and in compliance with the General Terms and Conditions. In particular, the User shall undertake not to send or disseminate through the Website and its features any content of any kind whatsoever, which is or may be deemed to be unlawful, libellous, vulgar, obscene, abusive or disturbing. The User shall also undertake not to use the Website and its features in a way that may cause bias or damage, including damage to Wanderio’s image and reputation.
7. Wanderio liabilities
- Wanderio shall undertake to executed the Service with diligence and care and pursuant to all applicable Italian laws and regulations.
- With reference to the Service, Wanderio provides an intermediary activity: i.e. it allows the Users to book and pay for certain Travel Services offered by Transport Operators. Therefore, Wanderio shall not be responsible for the duly execution of the Transport Services provided by such Transport Operators, which shall be the solely responsible for the execution of their respective obligations and duties.
- The User may see advertising material submitted by third parties on the Website. Each individual advertiser is solely responsible for the content of its advertising material and Wanderio accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. Such advertisers shall be the exclusive responsible of contents of information related to the products and services advertised by them.
8. Intellectual property
- Wanderio exclusively retains ownership of the trade mark “Wanderio” and following domain names wanderio.com, wanderio.it, wanderio.org, wanderio.co.uk, wanderio.es, wanderio.fr, wanderio.us (hereafter, collectively defined “Domain Names"). No use of the trademark “Wanderio” and/or of the Domain Names is allowed without prior express written authorization of Wanderio.
- Wanderio exclusively retains ownership of all rights title and interest in and to (all intellectual property rights of) the Website on which the service is made available, including but not limited to contents, tests, design, (including infrastructure) data, know-how, software and information contained or connected to it (hereafter, collectively defined also “Wanderio IP”). Wanderio does not license any Wanderio IP to the Users. There Users are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, translate, market, integrate, utilize, combine or otherwise use, in whole or in part Wanderio IP, except as necessary to use the Service.
- The use of data or information, also in an aggregate form, test, images, photos and distinctive signs of third parties is made only for an illustrative purpose.
- The User, except for the right to use the Website for its intended purposes, shall not have nor acquire any right on the Website’s contents and/or properties.
- The User acknowledges and accepts that all information, data, software, contents, music, sounds, photos and images, videos and any other content posted on the Website are exclusively owned by Wanderio.
9. Third party website disclaimer
- This Website may contain links to other websites owned and operated by third parties. Wanderio shall not be responsible for the products, services or overall website contents available on third-party site, including for an illustrative jet incomplete purpose, Travel Operators’ websites. Wanderio does not make any representations and warranties expressed or implied about such linked websites, the third parties they are owned and operated by, the information retained on them and on their suitability, accuracy or quality or compliance with applicable laws and regulations on products and/or services available on such websites.
10. Duration - Withdrawal
- These General Terms and Conditions shall be effective among the parties upon its acceptance by using the Website by the User according to article 1.4 above and until the effective date of withdrawal by one of the party pursuant to article 10.2 below.
- Wanderio and the User shall be entitled to withdrawal from these General Terms and Conditions at any time and with immediate effect by sending a registered letter. In such case, the Parties shall duly execute their obligations as provided under these General Terms and Conditions with reference to the Transport Solutions purchased prior to the withdrawal effective date and not yet completely executed.
11. Transport Operators’ Rules
- These General Terms and Conditions deals exclusively with the purchase of the Services on the Website. By contrast, the supply of the Services is governed by the general conditions provided for by the relevant Transport Operators (e.g. airlines’ transport conditions), to which reference is made. No liability is taken by Wanderio as for the provisions of such general conditions.
- Any complaint or claim related to the supply of the Services shall be addressed directly to the Transport Operator. Any request related to reimbursement of additional costs shall be accompanied by its associated receipts/invoices.
13. Compulsory communication pursuant to Law. no. 38/2006, art. 17
- Pursuant to art. 17 of Law 6 February 2006 no. 38, Wanderio informs the Users that: “Offenses related to child prostitution and child pornography are punished with imprisonment under Italian law, even when they are committed abroad,”.
14. Applicable law - Jurisdiction
- These General Terms and Conditions are governed by Italian Law and shall be interpreted according to it.
- Any dispute arising out of these General Terms and Conditions shall be exclusively submitted to the competent courts of Milan.
According to articles 1341 and 1342 of the Italian Civil Code, the Parties hereby expressively agree on the following articles of these General Terms and Conditions: Article 3.2, 3.3 (Booking of Transport Solutions); 4.8 (Purchase and Confirm); 5. (Cancellation and amendment of the Transport Solution, Exclusion of the withdrawal right under article 47 point 1, letter m) of the consumer code); 6. (User’s responsibility and duties); 7. (Wanderio Liabilities); 10.2 (Withdrawal); 14. (Applicable Law - Jurisdiction).