Below is the automatically translated version of the terms of service in Italian. For legal purposes, the English version is the authoritative version.
Terms of Service
By accessing or using the Schema ADV SRL platform ("Platform"), you agree to comply with and be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement ("Agreement" or "Terms") between you and Schema ADV SRL (as defined below) that governs your access and use of the website of Schema ADV SRL ("Site"), our mobile applications, tablets, and other smart devices, and application programming interfaces (collectively, "Application") and all associated services. The Site, the Application, and Schema ADV SRL Services are collectively referred to as the "Platform."
When these Terms mention "Schema ADV SRL," "we," "us," or "our," it refers to Schema ADV SRL, a company based in Italy, with VAT number 08899691219 and registered office at Via G. Porzio 4 Is G1 80143 Napoli.
Our collection and use of personal information related to your access and use of the Schema ADV SRL Platform is described in our Privacy Policy.
Users are solely responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their Schema ADV SRL (as defined below). If you have questions about how local laws apply to your Schema ADV SRL Services on the Schema ADV SRL Platform, you should always seek legal advice.
Introduction
1.1 Welcome to Schema ADV SRL ("we," "our," "us"). These Terms govern the use of our services, including the purchase of travel packages, trips, and access to museums (collectively, the "Services"). By using our Services, you agree to these Terms.
1.2 At Schema ADV SRL, we provide a range of services, including travel packages, trips, access to museums, attraction passes, and transportation services. Our Platform offers a convenient way to explore and enjoy various activities, ensuring a memorable experience. Once you purchase our Services, you can access them via our app available for both iOS and Android devices.
Definitions
2.1 "Platform" refers to our Site, Application, Schema ADV SRL, or any other online service through which our Services are provided.
2.2 "User" or "Member" refers to any individual who uses our Platform.
2.3 "Provider" refers to any third party offering activities or services available through our Platform.
2.4 "Booking" refers to the reservation of an activity or service made through our Platform.
2.5 "Content" refers to any information, text, graphics, photos, or other materials uploaded or present on the Platform.
Scope of Services
3.1 We provide an online platform for booking various activities, including guided tours, museum entries, and more. We act as intermediaries between you and the local providers ("Providers") of these activities.
3.2 As the provider of the Schema ADV SRL Platform, Schema ADV SRL does not own, create, provide, control, manage, deliver, or supply any travel packages, trips, access to museums, attraction passes, or transportation services, nor is Schema ADV SRL an organizer or retailer of travel packages under Directive (EU) 2015/2302. Providers are solely responsible for their services ("Provider Services"). When Users make or accept a booking, they are entering into a contract directly with the Provider. Schema ADV SRL is not and does not become a party or other participant in any contractual relationship between the User and the Provider.
3.3 You acknowledge and agree that by using the Platform, you recognize that through this Platform, Schema ADV SRL provides Services that are owned, controlled, and technically and materially offered by Providers, as well as mediation services that enable Users to effectively purchase travel services in accordance with their preferences and choices. A purchase on this Platform means you are placing an order with Schema ADV SRL to acquire services from third parties for you, such as transportation services or travel packages from a Provider, which implies a payment obligation. When you purchase Provider services through this Platform, you will enter into two agreements: (a) an agreement between you and the Provider(s) regarding the provision of Provider services and (b) an agreement between you and Schema ADV SRL regarding the provision of a mediation service. Unless expressly stated otherwise, Schema ADV SRL acts as an agent for you and does not enter into any contractual relationship with you and/or the Provider regarding the services you purchase on this Platform.
3.4 Schema ADV SRL has no control and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Provider service, (ii) the truthfulness or accuracy of any description of Provider services, ratings, reviews, or Provider content, or (iii) the performance or conduct of any Provider or third party.
3.5 The Schema ADV SRL Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Schema ADV SRL is not responsible or liable for the availability or accuracy of such Third-Party Services, or for the content, products, or services available from such Third-Party Services. Links to such Third-Party Services do not constitute approval by Schema ADV SRL of such Third-Party Services.
3.6 Due to the nature of the Internet, Schema ADV SRL cannot guarantee the continuous and uninterrupted availability and accessibility of the Schema ADV SRL Platform. Schema ADV SRL may limit the availability of the Schema ADV SRL Platform or certain areas or features of it, if necessary, in view of capacity limits, for the security or integrity of our servers, or to undertake maintenance measures to ensure the proper or improved functioning of the Schema ADV SRL Platform. Schema ADV SRL may enhance, upgrade, and modify the Schema ADV SRL Platform and introduce new Schema ADV SRL Services from time to time.
Use of the Platform
4.1 You must be at least 18 years old to use our platform.
4.2 Your use of our platform must comply with these Terms and applicable laws.
4.3 You agree not to resell or use our Services for commercial purposes without our explicit written consent.
Modification of these Terms
5.1 Schema ADV SRL reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Schema ADV SRL Platform and update the "Last Updated" date at the top of these Terms. Additionally, we will provide you with notice of the changes via email at least thirty (30) days before the date they become effective. If you do not agree with the revised Terms, you may terminate this Agreement immediately. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Schema ADV SRL Platform will constitute acceptance of the revised Terms.
Account Registration
6.1 You must register an account ("Schema ADV SRL Account") to access and use certain features of the Schema ADV SRL Platform. If you are registering a Schema ADV SRL Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind such entity and grant us all rights and licenses set forth in these Terms.
6.2 You can register a Schema ADV SRL Account using an email address and creating a password.
6.3 You must provide accurate, up-to-date, and complete information during the registration process and keep the information of your Schema ADV SRL Account and the public profile page of your Schema ADV SRL Account up to date at all times.
6.4 You are responsible for maintaining the confidentiality and security of your Schema ADV SRL Account credentials and may not disclose your credentials to third parties. You must immediately notify Schema ADV SRL if you know or suspect that your credentials have been lost, stolen, misused, or otherwise compromised or in the event of any actual or suspected unauthorized use of your Schema ADV SRL Account. You are responsible for all activities conducted through your Schema ADV SRL Account unless such activities are authorized by you and you are otherwise negligent (for example, by not reporting unauthorized use or loss of your credentials).
Content
7.1 Schema ADV SRL may, in its sole discretion, allow Users to (i) create, upload, publish, submit, receive, and store content, such as text, photos, audio, video, or other materials and information on or through the Schema ADV SRL Platform ("Member Content"); and (ii) access and view Member Content and any content that Schema ADV SRL itself makes available on or through the Schema ADV SRL Platform, including proprietary content of Schema ADV SRL and any content licensed or authorized for use by or through Schema ADV SRL from a third party ("Schema ADV SRL Content" and together with Member Content, "Collective Content").
7.2 The Schema ADV SRL Platform, Schema ADV SRL Content, and Member Content may, in whole or in part, be protected by copyright, trademarks, and/or other laws of Italy and other countries. You acknowledge and agree that the Schema ADV SRL Platform and Schema ADV SRL Content, including all associated intellectual property rights, are the exclusive property of Schema ADV SRL and/or its licensors or authorized third parties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notice embedded or accompanying the Schema ADV SRL Platform, Schema ADV SRL Content, or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Schema ADV SRL used on or in connection with the Schema ADV SRL Platform, Schema ADV SRL Content, or Member Content are trademarks or registered trademarks of Schema ADV SRL. Other product and company names are trademarks of their respective owners.
7.3 You retain all rights, titles, and interests in and to the Member Content you create, upload, publish, submit, receive, and store on or through the Schema ADV SRL Platform. By submitting Member Content on or through the Schema ADV SRL Platform, you grant Schema ADV SRL a worldwide, non-exclusive, royalty-free, transferable, sub-licensable, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform such Member Content in any media formats and through any media channels.
7.4 You represent and warrant that (i) you own or have the necessary rights, licenses, consents, and permissions to use and authorize Schema ADV SRL to use your Member Content in the manner contemplated by these Terms and (ii) your Member Content and the use of your Member Content by Schema ADV SRL as contemplated by these Terms do not violate or infringe the rights of any third party, including intellectual property rights, rights of privacy, or rights of publicity.
7.5 Schema ADV SRL is not responsible for the legality, accuracy, or appropriateness of any Member Content and does not endorse any Member Content. Schema ADV SRL reserves the right to remove or disable access to any Member Content for any reason, including if we believe that such Member Content violates these Terms or any applicable laws.
Bookings and Payments
8.1 Users may make a Booking for certain Provider Services through the Schema ADV SRL Platform. All Bookings are subject to availability, and the price for the services is determined by the Provider.
8.2 You agree to pay all applicable fees and taxes associated with your Booking. You authorize Schema ADV SRL to charge the payment method you provide for all amounts due, including any fees related to your Booking.
8.3 If you cancel your Booking, you may be charged cancellation fees according to the Provider's cancellation policy. You are responsible for reviewing the Provider's cancellation policy before making a Booking.
Limitation of Liability
9.1 To the maximum extent permitted by applicable law, Schema ADV SRL and its affiliates, directors, employees, agents, and licensors are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access or use of the Schema ADV SRL Platform or any Services, even if we have been advised of the possibility of such damages.
9.2 In no event shall our total liability to you for all damages exceed the amounts paid by you for the specific Service in question.
Indemnification
10.1 You agree to indemnify and hold harmless Schema ADV SRL, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with (i) your use of the Schema ADV SRL Platform, (ii) your violation of these Terms, (iii) your violation of any applicable law, or (iv) your infringement of any rights of a third party.
Governing Law
11.1 These Terms are governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Naples, Italy, for the resolution of any disputes arising out of or relating to these Terms.
Miscellaneous
12.1 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.
12.2 These Terms constitute the entire agreement between you and Schema ADV SRL concerning the subject matter hereof and supersede all prior agreements and understandings, whether written or oral.
12.3 Any failure by Schema ADV SRL to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
13. Limitation of Liability
13.1 Our liability is limited to the amount paid for the business.
13.2 We are not liable for indirect, incidental or consequential damages, including but not limited to loss of profits, business interruption or loss of data.
13.3 We are not liable for the actions, errors, omissions or negligence of Suppliers. You acknowledge that activities may involve inherent risks and you agree to participate at your own risk.
14. Intellectual Property
14.1 All content on our platform, including text, graphics, logos and images, is owned by us or our licensors and is protected by intellectual property laws.
14.2 You may not use, reproduce or distribute any content from our platform without our prior written consent.
14.3 Any feedback or suggestions you provide regarding our services may be used by us without any obligation to compensate you.
15. Reviews and User Content
15.1 You may submit reviews and other content to our Platform.
15.2 You must ensure that your content does not violate any law or the rights of any third party.
16. Privacy Policy
16.1 We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
17. Disclaimers
17.1 If you choose to use the Schema ADV SRL Platform or the Collective Content, you do so voluntarily and at your sole risk. The Schema ADV SRL Platform and Collective Content are provided ‘as is’, without warranties of any kind, either express or implied.
17.2 If we choose to conduct identity checks or background checks on any Member, to the extent permitted by applicable law, we disclaim all warranties of any kind, express or implied, that such checks will identify prior unlawful conduct by a Member or ensure that a Member will not engage in unlawful conduct in the future.
17.3 You accept that some Services may involve inherent risks and, by participating in such Services, you voluntarily choose to assume such risks. For example, some Services may involve risks of illness, bodily injury, disability or death, and you freely and voluntarily assume such risks by choosing to participate in such Provider Services. You assume full responsibility for the choices you make before, during and after your participation in a Provider Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor for the duration of your Supplier Service and, to the fullest extent permitted by law, you agree to release and hold harmless Schema ADV SRL from all liabilities and claims arising in any way from any injury, death, loss or damage occurring to that minor during the Supplier Service or in any way related to your Supplier Service.
17.4 The above disclaimers apply to the fullest extent permitted by law. You may have other statutory rights. However, the duration of statutory warranties, if any, shall be limited to the maximum extent permitted by law.
18. Indemnification
18. 1 To the fullest extent permitted by applicable law, you agree to indemnify, defend (at Schema ADV SRL's discretion), indemnify and hold harmless Schema ADV SRL and its affiliates and subsidiaries, including, but not limited to, Schema ADV SRL, and their officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies, (ii) your misuse of the Schema ADV SRL Platform or any Schema ADV SRL Services, (iii) your interaction with any User or participation in the Provider's services, including, without limitation, any injury, loss or damage (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your violation of any law, regulation or third party right.
19. Applicable Law and Jurisdiction
19.1 Unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction, these Terms and any non-contractual dispute/complaint arising out of or in connection with them are subject to the laws of Italy without regard to its choice or conflict of law principles.
19.2 Unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction, you and Schema ADV SRL agree to the exclusive jurisdiction of the courts of Naples to settle any dispute, claim or controversy arising in connection with the Terms and any non-contractual dispute/complaint arising out of or in connection with the Terms.
20. General Provisions
20.1 Save as may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Schema ADV SRL and you concerning the subject matter hereof and supersede all prior oral or written understandings or agreements between Schema ADV SRL and you with respect to your access to and use of the Schema ADV SRL Platform.
20.2 These Terms do not confer and are not intended to confer any right or remedy on any person other than the parties.
20.3 If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of any remaining provisions.
20.4 The failure of Schema ADV SRL to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise permitted by law.
20.5 You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without the prior written consent of Schema ADV SRL. Schema ADV SRL may, without restriction, assign, transfer or delegate this Agreement and any of your rights and obligations hereunder at its sole discretion upon 30 days' notice to you. Your right to terminate this Agreement at any time remains unaffected.