Terms of Use

General terms and conditions of use

1. Introduction

1.1 This document contains the terms of use of the website www.drowssap.it (from now on "the Platform"), managed by DWP Living Tourism s.r.l. (from now on DWP) based in Naples at via Santa Lucia no.15 - 80132 (NA) -VAT number 09372051210-, which allows you to make reservations for excursions, shuttles, transfers or maritime transport services provided by third parties. The following terms and conditions - and any subsequent amendments - apply to all our services made available online, directly or indirectly (through distributors), via any mobile device, by email or by telephone.

1.2 By accessing the Platform, booking a service and / or creating an account, you agree to be bound by these Terms of Use and declare that you have read and understood them (including the Privacy Policy). In all agreements relating to a reservation, the user booking will be deemed to have accepted these Terms of Use on behalf of all persons included in the reservation.

1.3 These pages, their content, their structure and the online booking service provided by us on them and through this web platform are owned, managed and offered by DWP Living Tourism s.r.l. and are provided for personal use only with non-commercial (B2C) purposes, governed by the terms and conditions described below. The relationships we have with the Travel Providers are governed by different terms and conditions, which govern the business relationship (B2B) we have with each of these Travel Providers. Each Travel Supplier acts professionally towards DWP Living Tourism s.r.l. in making their product and / or service available on the Platform (both for the company-company relationship ("B2B") and / or for the company-customer relationship ("B2C")). Travel Providers may have, declare applicable and / or require (the consent of), in addition to the conditions and clauses indicated on the Web Platform, their own terms and conditions and rules (of delivery / shipping / transport / use) for the use, access and realization of the Trip, which may include specific disclaimers and limitations of liability.

1.4 DWP reserves the right to update or otherwise modify these Terms of Use at any time. The user accepts that the use of the Platform after the changes implies acceptance of the updated Terms of Use. The date of the last update of the Terms of Use will be indicated at the top of this page and the updated terms will take effect upon publication. It is your responsibility to visit this page regularly to review the most recent version of the Terms of Use. Your continued use of the Platform after any changes to the Terms and Conditions constitutes acceptance of those changes.

2. Definitions

The words "DWP", "we" and "our / a / the / and" refer to DWP Living Tourism s.r.l., a limited liability company.

"Platform" means the website, the mobile version of the same and / or the app on which the Travel Service is made available and is subject to the property and control of DWP Living Tourism s.r.l. from which it is managed, maintained and / or hosted.

"Travel" or "Travel Service (s)" means the various products and / or services provided, offered and advertised by the Travel Provider through the Platform and which can be ordered, purchased, paid for, hired, booked by you. , activated, combined and consumed.

"Travel Provider" means the accommodation provider (e.g. hotel, motel, apartment, bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing), the transportation service provider (e.g. car hire, cruises, rail travel, air flights, bus tours, transfers), tour operators, travel insurance, and any other travel related or related product or service available for the Booking of the Trip on the Platform (B2B or B2C).

"Travel Booking" means the order, purchase, payment or reservation of a Trip.

3. Object of the Service

3.1 The Platform is a website operating online that allows Travel Providers, in their professional rules of conduct (eg B2C or B2B), to advertise, market, sell, promote and / or offer (where applicable) their products and services for ordering, purchasing, booking and rental, and for visitors to the Platform to discover, search, compare and place an order, reservation, purchase or payment. Through the Platform, DWP offers exclusively a booking service. In particular, DWP communicates the booking data to the Travel Provider and sends you an email confirming the booking, on behalf of the Travel Provider.

3.2 The Platform collects information on excursions, shuttles, transfers or maritime transport services provided by third parties. All information on the services offered on the Platform is based on the data communicated by the suppliers, and therefore DWP declines all responsibility also for the accuracy of such data.

3.3 DWP is not a provider of excursions, shuttles or transfers. When making a reservation, the Platform is used to enter into a contract with third party suppliers. When you make the reservation, establish a direct contractual relationship with the Supplier of the activity and / or transfer booked.

3.4 The suppliers, and only they, are responsible for the incorrect or non-execution of the services promised and advertised through the Platform (e.g. the cancellation and / or postponement of an excursion, cancellation of the maritime journey) and the non-fulfillment of obligations generally connected to the organization.

The provider of excursions, shuttles or transfers is CIMA Società Italiana Turistica Area Marittima s.r.l. (Tax Code 00472740638) with registered office in Naples at Piazza Garibaldi n. 73

The provider of maritime transport ticketing services is Traghettilines, managed by Alberghi24 s.r.l. (Tax Code 01512130491) based in Portoferraio (LI) at Via Cacciò 9.

4. Use of the services by the user

4.1 By accepting the following conditions, you declare and guarantee that all information transmitted through the platform for the purpose of purchasing, booking and using the travel services is true, accurate, current and complete.

4.2 The use of the travel services offered by the Platform is permitted only for personal, non-commercial purposes, and / or to forward legitimate booking requests for the services offered. You agree not to use the travel services offered through the Platform for speculative, false or fraudulent requests.

4.3 You also agree and warrant: (a) that you have not currently been suspended and that you have not previously been banned from using the Services by DWP; (b) not to act on behalf of a competitor of DWP; (c) to have the full power and authority to sign this legally binding agreement and not to violate by doing so other agreements already signed. DWP has the right to limit and / or not allow your access to the Platform in case of violation of the following Terms and Conditions and / or the general rules of good faith and fairness in the use of the services offered, advertised and sold through it.

4.4 It is your obligation to check your e-mail both to verify the correct receipt of the confirmation documents and for any further communications. It is your specific obligation to promptly report to DWP the non-receipt of the confirmation documents and / or any other problem encountered.

4.5 It is your responsibility not to behave in an inappropriate manner, or that may cause offense or danger to others, or that risks damaging property belonging to others (including but not limited to drunkenness, air rage) while using a service. / tourism product. If the behavior is inappropriate and / or causes offense or harm to others or damages to other people's property, DWP and / or the travel suppliers may cancel your booking; in which case you will not be able to benefit from any refunds, compensation payments and / or any refunds that may be requested as a result of such cancellation. Furthermore, you will be responsible for the reimbursement of any expenses incurred by DWP and / or the travel suppliers due to the incident

5. Prohibited Activities on the Platform

5.1 It is prohibited to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, use to create derivative works, transfer, sell or resell any Content of the Platform or any product or service obtained through it.

5.2 It is forbidden to perform the actions listed below, as well as to facilitate them or allow them to third parties: a) use the Platform or the Contents of the Platform for commercial or illegal purposes; b) access, monitor or copy any Platform Content using robots, spiders, scrapers or other automated means or manual processes to access, delete, index, retrieve or otherwise use the Platform or any Platform Content for any purpose; c) violate the restrictions in robot exclusion headers on the Platform, circumvent or circumvent other measures used to prevent or imitate access to the Platform; d) take actions that impose, or could impose, at DWP's discretion, an unreasonably or disproportionately high load on the infrastructure or excessive traffic on the Platform; e) deep linking any part of the Platform for any purpose; f) "framing", "mirroring" or otherwise incorporating any part of the Platform into other sites; g) attempt to modify, translate, adapt, change, decompile, disassemble or reverse engineer any Software; h) use the Platform to violate the rights of third parties, including violations of confidentiality, copyright, trademarks, patents, trade secrets, moral rights, rights to privacy, rights of publicity or other proprietary or intellectual property rights; i) attempting to gain unauthorized access to the Platform, user accounts, computer systems or networks connected to the Platform by hacking, decrypting passwords or other means; l) use the Platform to transmit computer viruses, worms, defects, Trojans or other elements of a harmful nature; m) use any device, software or routine that interferes with the proper functioning of the Platform or otherwise attempt to interfere with the correct functioning of the Platform; n) use the Platform to violate the security of any computer network, decrypt passwords or security encryption codes; o) any reproduction or redistribution of the Software contained on the Platform is prohibited; p) the copying, imitation and use of all the contents of the Platform is prohibited.

6. Services and reservations

6.1 The publication on the Platform of a Travel Service represents an invitation to the user to propose an offer to the Travel Supplier. The finalization of the booking of travel services on the platform owned and under the management and control of DWP will be formalized after you have completed and accepted the booking form for the travel service chosen and only when the same booking has been confirmed and the payment has been successfully completed. As part of this procedure, DWP is free to accept or decline such offer on behalf of the Travel Provider.

6.2 Each travel service advertised through the Platform can be booked / purchased with a variable advance time and depending on the nature and type of the activity, excursion and / or guided tour you wish to choose. This information can be obtained by viewing the description of the travel service contained on the Platform. It is not possible to book a travel service with a shorter advance than that indicated in the dedicated description.

6.3 It is not necessary to create an account. Once on the Platform, you will need to enter the Drowsapper code (which represents the identification code of the Drowsapper that Drowssapp suggested) and, if you decide to purchase a travel service, all you have to do is choose, enter your name, surname, e-mail address, telephone number and any specific requests.

6.4 The provision of the booked travel service is and will be subject to the terms and conditions shown on the Platform relating to this Service, as communicated to DWP by the Travel Provider, with which you enter into a direct contract for the provision of the Service. The meeting point, the date, time, duration and all the information necessary to carry out the activity, the excursion and / or the booked guided tour, are indicated in the descriptive card of each travel service through the Platform. as well as in the confirmation email that we will send you after making the reservation, and it is binding. In the description of the activity, as well as in the confirmation email, your rights and obligations in relation to the service purchased are also indicated. By making a Reservation, you read and agree to be bound by the terms and conditions of the Travel Provider and any other rule or rule related to the travel service booked and purchased.

6.5 Notwithstanding the foregoing, you must in any case keep in mind the following indications:

a) the price indicated on the Platform represents the final and effective price and includes tolls. There are no supplements for baggage, but the number of passengers and baggage must be compatible with the capacity of the vehicle;

b) the number of seats indicated on the Platform corresponds to the maximum number of people who can travel in the vehicle, in addition to the driver. It must be taken into consideration that children occupy a seat like adults.

c) once booked and / or purchased, you can change the transfer booking service, only if the conditions of the service allow it;

d) in the confirmation email of the booking you made, DWP will provide the name, email and emergency number of the Travel Provider (or driver), so that you can independently get in touch, in case you do not I could find the driver or for any kind of problem;

e) in case of stops during the journey (for example, if the passengers transported are staying in different hotels or if you need to collect keys in order to enter an apartment), these stops will have an economic supplement;

f) in the event that you need to change the agreed route, you can request the payment of a supplement for the new route, and the additional cost will be at your expense.

6.6 By booking a travel service through the Platform, you establish a direct contractual relationship with the Service Providers and any future claims against the latter must be addressed. DWP, as an intermediary, hereby declines all responsibility for actions, omissions, errors, declarations, guarantees, violations or negligence of the Travel Suppliers for any damage suffered by you, unrelated to the simple intermediation activity carried out by DWP.

7. Payments

7.1 When a booking is made, DWP, authorized by the suppliers to receive payment, collects the payment data and processes the transaction.

7.2 Unless otherwise specified, full payment by credit card is required to make a reservation. The beneficiary indicated in the account statement will be DWP Living Tourism s.r.l. that collects.

7.3 The booking value may be subject to taxes, charges, foreign transaction fees, exchange rates or other costs. The bank or payment card issuer may convert into local currency and charge for it, resulting in differences between the amount shown on the Platform and the final amount charged. DWP recommends that you contact your bank or card issuer if you have any questions regarding applicable conversion rates or costs.

8. Cancellation policy

8.1 Without prejudice to the User's rights regarding the cancellation of tourist packages provided for by art. 41 of the tourism code (Legislative Decree 23 May 2011, n.79), each service that can be purchased on the Platform follows a specific cancellation policy that the User can consult both on the page with the description of the activity and in the confirmation e-mail that DWP will send once the reservation is made.

8.2 To each service will be applied its own cancellation conditions, which will establish the deadline for cancellation and whether it will be necessary to pay penalty costs.

9. Communications and complaints

Please contact our customer service by email at excursion@drowssap.it

If you want to make a complaint about a travel provider, we recommend that you formally address the complaint to the relevant travel provider while you are traveling.

10. Applicable law and competent court

These General Terms and Conditions, as well as any relationship between you and DWP, are governed by the national and international legislation in force in Italy. To the extent legally permitted for any legal question arising from the existence, content and / or interpretation of these T & Cs or from any relationship between you and DWP, the competent court will be that of the city of Naples.

In the cases governed by the Legislative Decree 6 September 2005, n. 206, the mandatory forum will be that of the consumer's residence.

 


Updates
These terms of use are updated as of January 26,  2021

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