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Allgemeine Geschäftsbedingungen des Anbieters Gourmetaly


Stand: 14. Nov. 2014

TERMS AND CONDITIONS OF USE Carefully read the terms hereunder as they define the conditions of access and use of the website.

1) DEFINITIONS

terms and conditions of use refers to the terms and conditions which regulate the use of this website by the user. services refers to the functions, devices, applications, information and other services accessible through this website. user refers to any person which accesses and/or utilizes this website. website refers to the “home page” and other pages characterized by the domain name GOURMETALY, owned and managed by Gourmetaly di Cassoni D. (hereafter: Gourmetaly ) material/s refers to any type of material or immaterial good which is rendered available through this website, including for example merchandising products, data, drawings, images, photographs, illustrations, descriptions, informative texts, films, audio files, music and sounds, services, software and other accessorial programs. content/s refers to messages, data, information, texts and other material including that of advertising nature. 2) RELATION BETWEEN GOURMETALY AND THE USER

In accessing, surfing or in any way using the website, the user agrees to comply by the terms and conditions of use and other dispositions and directives that the terms and conditions of use refer to as well as to any of their subsequent modifications. Where the user does not agree to be bound by the above, including any subsequent modifications, he/she must not access, surf or in any way use the website.

Gourmetaly reserves the right to integrate or modify at its own discretion any of the dispositions contained in the terms and conditions of use including any disposition and/or directive that the website refers to.

The integrations and modifications will be effective with their publication on the website along with a notice of the modification and/or integration. The use of the website, subsequently to the publication of the above mentioned notice, will entail the users consent to comply to the modifications even if he/she has not taken vision of these modifications. Therefore the user must frequently read the terms and conditions of use in order to verify the new active dispositions in order to be aware of the terms and conditions which regulate the use of the website.

3) LICENCE – PROSCRIPTION OF USE (INTELLECTUAL PROPERTY RIGHTS)

Gourmetaly grants a limited and not exclusive right of access to the website and to the materials contained within for non commercial and purely informative personal purposes.

The license is conditioned by the users acknowledgment, compliance and respect of all intellectual property rights relative to the materials, as for example copyright, rights afferent to trade marks and other intellectual property rights or intellectual deprivation, owned by Gourmetaly and of whom the customer doesn’t acquire any entitlement.

All the Materials of this Website are protected by the copyright defined by the expression “ALL RIGHTS ARE RESERVED” owned by Gourmetaly and by its affiliates and/or Partners and/or of third party licensees.

Except for the present, no material can be copied, modified, reproduced, distributed, publicized, downloaded, rendered accessible to the public, diffused or transmitted in any form and through any means, without the prior written consent of Gourmetaly or a qualified representative; nor may any notice, indicator of copyright or other type of patent contained in the materials be removed or altered.

The authorization of use of the website does not include the faculty of selling, commercializing, distributing the contents of the website or create works and/or materials derived from the website materials, such as for example website framing activities, reproduction of client information of use to others and/or any type of data extraction and/or use of apparatus for the gathering and extraction of data contained in this website.

Gourmetaly expressly prohibits the uploading on the website of users materials such as, for example, music, software, images and any other materials which constitute a violation of the intellectual property rights of third parties, except for when the user has obtained the necessary authorizations.

4) DISPUTES REGARDING CLAIMS OF COPYRIGHT VIOLATION

Gourmetaly respects the intellectual property rights of third parties. Where the user deems that his/her work has been copied and uploaded on this website and that such actions constitute a copyright violation, he/she must provide the Gourmetaly responsible with the following written documentation:

Signature, even digital, of the person authorized to act on behalf of the copyright owner. Description of the copyrighted work that the uses deems to be violated. Indication of the exact position, within the website, of the copyrighted material that the user deems violated. Users declaration of good faith regarding the fact that the contested use was not authorized by the copyright holder, by the claimant or permitted by law; Users declaration that the above information is correct and that the user is the only copyright holder or that he is authorized to act on behalf of the copyright holder. 5) USERS RESPONSIBILITY FOR HIS/HER CONDUCT

The user agrees to relieve and indemnify Gourmetaly from any pretence, action, claim, loss or damage (included legal fees) put forward or proposed by third parties and which derives from the users conduct, from the violation of the conditions of use or third party’s rights.

During the staging of the Food Tour participating Consumers must carry valid ID documents, and will have to maintain conduct in keeping with generally agreed rules of civil behaviour, and with State, regional and/or local laws and by-laws.

Gourmetaly and Foodie guides reserve the right to exclude from the Food Tour any Consumer that, in their personal, indisputable and subjective opinion, fails to comply with the above social rules.

6) LINKING

The user is conceded a limited and not exclusive right to create a link to his/her website as long as this website does not represent Gourmetaly or that one or more of his/her products and/or services does not represent Gourmetaly in a false, defamatory, or misleading manner or in any manner which discredits Gourmetaly. The user can not use the logos or other graphic elements, such as Gourmetaly marks, as visual link to the website, without the prior written consent of Gourmetaly. The authorization of use can be revoked at all times.

The link will have to redirect to the homepage of the website and it has to be evident that the website and its contents don’t have any relation to the website which contains the link.

7) PRODUCT, PRODUCT VALIDITY, MODIFICATIONS & AMENDMENTS

Products offered by Gourmetaly are valid as per the dates and times displayed at www.gourmetaly.com. Gourmetaly is not responsible or liable for any information that it does not directly provide.

Gourmetaly is a proprietorship company operating in the spheres of entertainment, amusement services, offering culinary tours and wine and food tasting events in selected restaurants, groceries, markets, gelaterias, bars , wine bars, private houses where cooking lessons should take place (hereafter “Food Tour/s”)

Gourmetaly makes use of the support of persons (hereafter “Foodie guides”) that have the job of guiding the aforementioned Food Tours. For Food Tours that include a visit to artistic-cultural heritage sites, the Tour Leader will be a licensed tourist guide certified with the Province of Rome.

By purchasing and/or participating in “Food Tours” offered by Gourmetaly through the website www.gourmetaly.com and relative subfolders (hereafter the “Site”), the “Consumer” confirms that he has read, understood and agreed to these contract general terms and conditions (“General Conditions”) governing relations between the Consumer and Gourmetaly for the purchase of Food Tours.

Gourmetaly does not charge a fee to amend or change the dates or times of an existing booking, as long as the request is received by our Customer Care team more than seventy two (72) hours ahead of your confirmed tour date. If you request a date/time change Gourmetaly will attempt to honor your request; However Gourmetaly cannot guarantee date/time change requests as all requests and amendments are subject to availability. For cancellations a penalty fee of 5% of total amount will apply. In case of no-show or late arrival or in case change request would not be accepted due to any reason, Gourmetaly will charge you for total amount due. Cancellation and changes on the part of the GOURMETALY: Gourmetaly reserves the right to cancel, change or substitute any tour that you have booked at www.gourmetaly.com, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. Gourmetaly is entitled to cancel and/or change the details of a Food Tour in the following cases: a) reasons of force majeure c) unforeseeable circumstances d) sudden unavailability of the Tour Leader in the 24 hours prior to the Food Tour If the event is cancelled for one of the above reasons the amount paid for the purchase will be refunded in full. Under no circumstances will the cancellation of the event entitle the Consumer to file damage claims or seek an indemnity other than that paid for the cancellation. Possible cancellations and/or changes will be communicated by Gourmetaly as soon as possible via the contacts (email and telephone) specified by the Consumer at the time of the PayPal payment. Even if it is not possible to contact or notify the Consumer prior to the scheduled time of the Food Tour, only the amount paid by the consumer will be refunded.

8) PAYMENTS, REFUNDS & CANCELLATIONS Gourmetaly reserves the right to modify and/or add to the General Conditions at any time. Any new General Conditions will take effect from the time of publication on this html page of the Site, and will apply only to sales completed at a later date. For purchases already effected, the version given in the link of the purchase confirmation notice shall be applicable. Gourmetaly shall not be held liable for possible Site transmission and communication errors deriving from the technological infrastructure used, hosted c/o Aruba S.p.A.

Canceling a booking with Gourmetaly can result in cancellation fees being applied by Gourmetaly, as outlined below. When canceling any booking you will be notified via email or fax of the successful cancellation and cancellation fees incurred. Gourmetaly enforces a 72 hour advance refund policy. Cancellations must be communicated via e-mail, no less than 72 hours in advance of the tour in order to receive a refund. All cancellations are subject to a cancellation fee of 5% of the total charged per person. No partial refunds will be given for cancellations made within 72 hours of a tour. The communication should be sent to Gourmetaly’s email address, indicating:

- The number of registered persons and relative names for whom the cancellation is requested

- Name of the booked Food Tour, date of booking and scheduled Tour date

- Service code

- Amount paid

The cancellation is deemed to be complete only when a confirming email from Gourmetaly is sent.

Cancellation and changes on the part of the GOURMETALY: Gourmetaly is entitled to cancel and/or change the details of a Food Tour in the following cases: a) reasons of force majeure c) unforeseeable circumstances d) sudden unavailability of the Tour Leader in the 24 hours prior to the Food Tour If the event is cancelled for one of the above reasons the amount paid for the purchase will be refunded in full. Under no circumstances will the cancellation of the event entitle the Consumer to file damage claims or seek an indemnity other than that paid for the cancellation. Possible cancellations and/or changes will be communicated by Gourmetaly as soon as possible via the contacts (email and telephone) specified by the Consumer at the time of the PayPal payment. Even if it is not possible to contact or notify the Consumer prior to the scheduled time of the Food Tour, only the amount paid by the consumer will be refunded. 9) GOURMETALY VOUCHERS

You will receive a Gourmetaly Voucher for each tour booked. You must provide the original, authentic Gourmetaly Voucher at the start of your tour. Your booking cannot be honored or redeemed without presenting a valid Gourmetaly Voucher.

10) DISCLAIMERS & LIMITATIONS OF LIABILITY

Under no circumstances will Gourmetaly be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of www.gourmetaly.com regardless of the form of action.

Gourmetaly accepts no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control. This is not limited to, but may include, a) the closure of venues which Gourmetaly tours visits, where and when the closure of that venue is out of the control of Gourmetaly or where Gourmetaly is not notified by the Venue with ample time to notify the clients, which may be due to inclement weather, manifestations and protests or simply the last-minute decision of the venue. b) the inability of our tour to access certain monuments/areas and/or venues due to restrictions caused by excessive traffic, inclement weather, manifestations and protests or due to that area being restored/under construction or covered/obstructed from public view.

The Consumer hereby declares he is in good health and does not suffer from minor or serious physical or mental illnesses, dysfunctions or disabilities that would expose him to the risk of damage or activity limitations during the performance of activities offered by Gourmetaly. The Consumer fully appreciates and accepts the risks associated with his participation in Food Tours, which include, by way of example and not exhaustively, exposure to adverse weather, theft, indigestion, consequences resulting from lowered food tolerance, injuries (again by way of example injuries caused by inappropriate behavior of Consumer or other participants, automobiles, other means of transport or pedestrians). The Consumer hereby grants Gourmetaly and Gourmetaly duly accepts the irrevocable right to use, directly or indirectly by means of third parties, photographs, images and/or videos taken during Food Tours for all commercial and non-commercial ends, without any obligation towards or remuneration of the Consumer, without prejudice to the Consumer’s right to expressly ask not to be filmed or photographed, or to move away from the zones where photographs, videos, etc. are being taken. The Consumer will take part in Food Tours at his own exclusive risk. Now and in the future, the Consumer shall unconditionally absolve from any and all liability Gourmetaly, its owner, directors, collaborators, partners and suppliers in relation to all complaints, legal actions, damage claims, debts, costs and expenses deriving from or relating to participation in Food Tours, even if damage is caused by negligence, carelessness and/or lack of expertise of Gourmetaly or of any other party involved through Gourmetaly. Gourmetaly shall not be held liable for any damage caused by the Consumer to persons and/or things (including artistic heritage items) and/or places (including restaurants and eateries in general) due to deliberate or accidental actions. Gourmetaly shall not be held liable for possible Site errors or omissions, and reserves the right to make due changes in such circumstances. The texts, photographs, images and videos contained on the Site are purely indicative, and may not always correspond to what the service actually offers. Accordingly Gourmetaly may not be held liable for any errors deriving from this explanatory information. Gourmetaly also guarantees the correctness of the event venue, time and duration of the service. No point of these limitations of liability can be removed or modified without the express written consent of the Consumer and of an official representative of Gourmetaly (owner and/or director vested with due powers).

11) INVALIDITY AND/OR PARTIAL INEFFICIENCY

The invalidity or inefficiency of any disposition of the terms and conditions of use will not influence the validity or efficiency of any other disposition or part of disposition.

12) WITHDRAWAL

Gourmetaly reserves the right, without notice, to withdraw from the terms and conditions of use and to prevent the users access to the website.

13) APPLICABLE LAWS AND LEGAL COURT`

This contract is governed by Italian law. It is drafted in Italian; reference should be made to the Italian version even though it has been translated in English for informative purposes.

All possible efforts have been made to ensure that the translation is correct.

In accordance with Legislative Decree 206/2005, for civil disputes regarding the validity, efficacy and execution of this contract, indisputable territorial competence lies with the Court of the Consumer’s place of residence or of domicile, if located in the Italian State, or with the Court of Rome if located outside the Italian State. In accordance with Articles 1341 – 1342 of the Civil Code the Consumer hereby declares he has specifically read and agreed to the clauses in the following articles of the online service of Gourmetaly Terms and conditions as above.

14) COMPLAINTS AND OTHER COMMUNICATIONS

For all complaints, information, suggestions and any other communication please contact Gourmetaly, preferably via email.

The Consumer hereby agrees that that notifications and communications regarding all online services are effected by Gourmetaly in digital format (email), acknowledges their complete validity and expressly agrees not to refuse to acknowledge the content of declarations sent and/or received in digital format.

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