General Sales Terms of the website www.terrachevive.com
These General Sales Terms, available for the consumer to be reproduced and saved pursuant to the art. 12 of Legislative Decree 70/2003, focus on the purchase of food and wine and hiking experiences. The purchase is made remotely through the website www.terrachevive.com , belonging to the company Terrachevive owned by Marco Alessandro Punzi (hereinafter also referred to as the supplier), with registered office in Taranto (TA) in Via De Cesare 37, VAT number 02993160734, hereinafter also referred to just as “Terrachevive”. The operations management is offered by Ada Tour, with registered office in Gravina in Puglia (BA) in Viale Punzi 101/D, fiscal code and VAT number 08161930725.
1.1 By online sales contract is meant a remote contract, i.e. the legal transaction for the purchase and sale of experiences stipulated between an end consumer – a customer or any other professional user – and Terrachevive by Marco Alessandro Punzi, within a remote selling system organised by the latter. This system, for the purpose of this contract, exclusively employs remote communication technology, known as the Internet.
1.2 A consumer is a natural person, whose personal data are better specified in the registration form available at https://www.terrachevive.com/en/booking-confirmation/, who purchases goods and services for purposes not directly or indirectly related to his/her professional activity.
1.3 A food and wine experience is a product that could consist of various services, such as, for example, guided tours of farms or at local producers, or cooking classes/workshops and home chef services.
1.4 A hiking experience is a product that could consist of various services, with tourist and/or recreational purposes or to promote physical and cultural development.
1.5 Furthermore, for the purpose of this contract, it is meant for:
a) professional, a natural or legal person, who within the scope of his/her commercial, industrial, handicraft or professional activity in organised tourism contracts, operates, even by means of another person acting in his/her behalf, as organiser, seller, professional promoter of related tourist services, in accordance with current legislation;
b) organiser, a professional who creates packages and directly sells or offers them for sale or through or together with another professional or a professional who transmits data concerning the traveller to another professional;
c) seller, the professional, other than the organizer, who sells or offers for sales packages combined by an organiser;
d) traveller, the consumer who intends to enter into a contract, or stipulates a contract or is authorised to travel under a contract or the beneficiary of a contract concluded within the scope of the Law on organised tourism contracts;
e) facility, defined in art. 8 letter e) of the Legislative Decree No. 59 of 26 March 2009;
f) durable medium, any instrument that allows the traveller or the professional to store information personally addressed to him/her in order to have access in the future for a period of time which is adequate to the purposes of the information and that enables the unchanged reproduction of the information stored;
g) unavoidable and extraordinary circumstances, a situation beyond the control of the party invoking such a situation and whose consequences could not have been avoided even if all reasonable measures had been taken;
h) lack of conformity, the fulfillment of tourist services included in the offer;
i) a point of sale, any premises, whether movable or immovable, used for retail sale or the website for retail sale or any similar tool of online sale, even if retail websites or tools of online sales are presented as a sole tool, including phone service;
l) repatriation, the return of the traveller to the place of departure or to any other place agreed upon by the Contracting Parties;
m) consumer, the private customer who buys a travel package for himself/helself or for a third party traveller.
2.1 The General Sales Terms are valid from 09.06.2021 and may be updated, completed or amended, obviously having their effect for the future, at any time by Terrachevive by Marco Alessandro Punzi, which will provide for their communication through the pages of the website. The conditions set forth in the introduction are an integral and essential part of this contract.
2.2 All contracts are concluded directly by means of the access of the consumer to the website available at www.terrachevive.com, through which the desired packages may be booked by carefully following the instructions and procedures provided.
2.3 These General Conditions of Sales must be consulted online, before the purchase procedure is completed. The submission of the order confirmation therefore implies their full acknowledgment.
2.4 The consumer customer, by sending electronic confirmation of the purchase order, unconditionally accepts and agrees to comply, in relation to Terrachevive by Marco Alessandro Punzi, with the General Conditions and payment terms shown below, expressing acknowledging to have read and accepted all the information provided by the system about the order procedure and the above mentioned regulations, also acknowledging that the supplier is not obliged to different conditions unless previously agreed in writing.
2.5 The sales transactions are regulated for the consumer by the provisions of the Legislative Decree No. 206/2005 (Italian Consumer Code) and from the articles 32-51 novies of the Legislative Decree of 23 May 2011, No. 79, as amended by the Legislative Decree of 21 May 2018, No. 62 (hereinafter the “Italian Tourism Code”), as well as by the Italian Civil Code, while the protection of privacy is subject to the provisions of the EU Regulation 679/16 and the Legislative Decree 30 June 2003, No. 196, as amended and supplemented.
3.2 The consumer declares that he/she has been informed that it will be his/her sole responsibility to take out an insurance policy for any damages suffered during the food and wine experiences. If the consumer does not sign this policy, he/she declares to have been expressly informed and to have fully understood how to make complaints directly to the structure(s) where the food and wine and/or excursion experiences will take place, being Terrachevive totally unrelated to the relationship established between these and the consumer.
3.3 The consumer may purchase a travel package on the Terrachevive.com website as follows:
3.4 Terrachevive by Marco Alessandro Punzi shall have the right to confirm and/or modify the price indicated in the event that it has been incorrectly communicated and this error is perceivable by the buyer as the price set is clearly lower than the price normally applied. In this case, however, the buyer may withdraw before confirmation of the reservation if the price thus determined should turn out to be excessively high compared to the price originally agreed upon.
3.5 For commercial reasons, the price of the experience package is only notified by email, is expressed in euros, includes VAT (and if not included, this will be indicated separately in the quotation) and includes:
a) The participation fee;
b) Flat-rate registration or practice management fees related to administrative services associated with the opening and management of the reservation.
4.1 The user may purchase the experiences under the conditions indicated in the e-catalogue set up by Terrachevive by Marco Alessandro Punzi and within the quantities indicated by its suppliers.
4.2 Terrachevive by Marco Alessandro Punzi does not guarantee the ongoing availability of the experiences under the proposed conditions, being obliged, in case of unavailability and having the experience being paid for, to promptly inform the buyer and refund the price, without additional charges, within 30 days from the date of such notice.
5.1 Terrachevive by Marco Alessandro Punzi shall not be liable whatsoever for disruptions of service due to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that may prevent, in whole or in part, the execution of the contract within the agreed timeframe.
5.2 It is the responsibility of the consumer or traveller to inform the experience managers or home chefs of any special requirements regarding the experience itself. If they fail to do so, and the managers or chefs cannot carry out the service, Terrachevive cannot be held liable in any way for any damages suffered by the customer.
5.4 The consumer guarantees for himself/herself and the other participants that he/she has the necessary documentation to travel to every possible destination indicated in Terrachevive’s products (e.g. identity documents).
5.5 The consumer declares to have been expressly informed and to have fully understood that Terrachevive is not responsible for the execution of the experiences governed by this contract of sale, being Terrachevive limited to connecting the customer with the facilities at which the aforementioned experiences will take place.
5.6 The consumer, in compliance with the obligations of fairness and good faith set out in Articles 1175 and 1375 of the Italian Civil Code, must inform Terrachevive in a timely manner, taking into account the circumstances of the case, of any lack of conformity detected during the course of a tourist service under the contract of sale of the experience.
5.7 If one of the tourist services is not carried out as agreed in this contract of sale, Terrachevive will remedy the lack of conformity, unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity, the duration of the experience and the characteristics and value of the tourist services affected by the defect. The statutory provisions on compensation for damages remain unaffected where the lack of conformity was not remedied by the organiser and was of such a magnitude as to be likely to cause damage.
5.8 The aforementioned clause does not apply to non-conformity defects in the services, which are the responsibility of the host facilities at which the food and wine experiences and/or excursions will be held, the home chefs, tour guides or other organisations/associations offering the services.
5.9 Terrachevive is liable for damages caused to the consumer due to the total or partial non-fulfilment of only those services contractually due, with the express exclusion of those to be borne by third parties, such as home chefs or host facilities unless it proves that the event was caused by the consumer and/or the traveller (including actions undertaken independently by the latter during the course of the services) or by circumstances unrelated to the provision of the services set out in the contract, by unforeseeable circumstances, by force majeure, or by circumstances that the organiser himself could not, according to professional diligence, reasonably foresee or resolve.
5.10 Terrachevive by Marco Alessandro Punzi is not liable for any fraudulent or illegal use that may be made by third parties, of credit cards, cheques and other means of payment, upon payment of the products purchased. In fact, at no time during the purchase procedure is the company able to know the buyer’s credit card number, which is transmitted directly to the manager of the banking service or payment gateway chosen by the customer (e.g. PayPal) via a secure connection.
6.1 Compensation for damages arising from the non-performance or wrongful performance of the services making up the experience package and the related limitation periods are governed by Articles 43 – 46 of the Italian Tourism Code and in any case within the limits established by the International Conventions governing the performances of the tourist service as well as by Articles 1783 and 1784 of the Italian Civil Code, with the exception of personal injuries that are not subject to a set limit.
6.2 The right to a price reduction or compensation for damages due to changes in the experience package contract expires two years after the conclusion of the experience.
6.3 The right to compensation for personal injury expires three years after the conclusion of the experience.
7.1 Notwithstanding the obligation to promptly notify the lack of conformity, as provided for in Art. 5 section 7, the consumer shall comply with the following obligations:
a) The consumer is obliged to inform the organiser of his/her nationality if not Italian;
b) he/she must be in possession of a valid identification document, if the experience requires it, as well as residence and transit visas and any health certificates that may be required;
c) Foreign citizens must obtain the information referred to in subsections (a) and (b) of this section through their diplomatic representations in Italy and/or their official government channels;
d) The consumer shall comply with the rules of common prudence and diligence as well as the rules of good conduct required by the host facilities, and with the regulations and administrative or legislative provisions relating to the tourist service.
e) The consumer shall be liable for all damages that Terrachevive may suffer as a result of his/her failure to comply with the aforementioned obligations.
f) The consumer will notify the organiser in writing, at the moment of the reservation, of any particular personal requests that may constitute the subject of specific agreements on the way in which the experiences may be enjoyed, provided that it is possible to fulfil them. Therefore, the consumer is always obliged to inform Terrachevive of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) prior to the conclusion of the contract and at the same time signing the consent to the processing of sensitive data, explicitly specifying the request for the relevant personalised services, with Terrachevive having to verify the possibility of their fulfilment. In the absence of such consent, it will not be possible to fulfil the contractual obligations.
g) Special requests made after the conclusion of the contract do not bind Terrachevive to accept them, as the contract has already been concluded in accordance with the order confirmation email sent to the customer’s personal email as indicated on the registration or booking form.
h) At the time of departure, travellers must definitively ensure to be in possession of certificates of vaccination, individual passports and any other document valid for all the countries covered by the itinerary, as well as residence visas, transit visas and any health certificates that may be required.
7.2 The consumer undertakes and is obliged, once the online purchase procedure has been completed, to print and keep these general terms and conditions, which the consumer has, moreover, already viewed and accepted as a compulsory step in the purchase, as well as the specifications of the product(s) purchased, in order to fully comply with the conditions set out in Legislative Decree No. 206/2005 (Italian Consumer Code).
7.3 These general terms and conditions may be updated or modified at any time by Terrachevive by Marco Alessandro Punzi, that will provide for their communication through its website. Whenever there is a change to these general terms and conditions, the consumer customer agrees and undertakes to print and retain them.
7.4 It is strictly forbidden for the buyer to enter false and/or invented and/or fictional data in the registration procedure required to begin the procedure for the execution of this contract and further communications; the personal data and e-mail address must be exclusively the buyer’s own real personal data and not the data of third parties or fictional data.
7.5 It is expressly forbidden to make double registrations referring to a single person or to insert data of third parties. Terrachevive by Marco Alessandro Punzi has the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
7.6 The Customer indemnifies Terrachevive by Marco Alessandro Punzi from any liability resulting from the issuance of incorrect tax documents due to errors in the data provided by the customer, being the sole party responsible for their correct entry.
This contract, insofar as it falls within the category of “distance contracts” pursuant to art. 45 paragraph 1 letter G of the Italian Consumer Code is not subject to the right of withdrawal, pursuant to art. 47 paragraph 1 letter g) of the Italian Consumer Code, which regulates and lists the cases of exclusion, given that the service provided by Terrachevive is initiated with the explicit consent of the consumer for the date or date range indicated by the consumer.
9.1 Terrachevive reserves the right to unilaterally change the terms and conditions of the contract, other than the price, if the change is of minor importance, meaning that it does not particularly affect the travel experience. The communication is made clearly and precisely via a durable medium, such as email.
9.2 If prior to the beginning of the service Terrachevive is forced to significantly change one or more of the main characteristics of the tourist services referred to in article 34, section 1, letter a) of the Italian Tourism Code or cannot meet the specific requests made by the traveller and agreed upon, the traveller may accept the proposed change or withdraw from the contract, without paying any fine.
9.3 In the event of withdrawal, Terrachevive may offer the traveller a replacement package of equivalent or superior quality, retaining the difference in price or a voucher of equal value to the price paid to purchase the package.
9.4 Terrachevive will inform the traveller without undue delay in a clear and precise manner on a durable medium of the proposed changes and their impact on the price of the service.
9.5 The traveller shall notify the organiser of his/her decision within two working days upon receipt of the change notice.
9.6 If the modifications to the sales contract of the tourist service or substitute service made by Terrachevive, as referred to in paragraph 9.2 above, result in a package of a lower quality or cost, the consumer is entitled to an appropriate price reduction.
9.7 In the event of cancellation of the sales contract of the tourist service under section 11.2, and if the traveller does not accept a replacement service, Terrachevive refunds all payments made by or on behalf of the traveller without undue delay and no later than 14 days after cancellation of the contract and the traveller is entitled to be compensated for non-performance of the contract, unless:
a) there shall be no compensation for cancellation of the service when the cancellation itself depends on the failure to reach the minimum number of participants that may have been requested;
b) there shall be no compensation arising from the cancellation of the service when the organiser proves that the lack of conformity is due to force majeure and unforeseeable circumstances;
c) there shall also be no compensation arising from the cancellation of the service when Terrachevive proves that the lack of conformity is due to the traveller or a third party not involved in the performance of the tourist services included in the contract and is unforeseeable or unavoidable.
9.8 The sum to be refunded will never be more than twice the amount for which the consumer would be liable should the consumer have cancelled on the same date.
10.1 The data controller is Terrachevive by Marco Alessandro Punzi with registered office in Taranto, in via De Cesare 37.
10.2 Personal information is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; this information is processed electronically in compliance with the laws in force and may only be exhibited upon request of the judicial authorities or other authorities authorised by the law.
10.2 Personal data will be transmitted to the parties entrusted with the performance of the activities necessary for the execution of the contract entered into and appointed as data processors. The updated list of data processors and authorised subjects is available at the Data Controller’s head office.
10.3 The concerned person may exercise his/her rights under the GDPR at any time. They are:
a) the right of access;
b) the right to rectification of data;
c) the right to erasure and to be forgotten;
d) the right to restriction of processing;
e) the right to data portability
f) the right to object to processing for marketing purposes.
13.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts stipulated online through the website www.terrachevive.com is subject to Italian jurisdiction. These general terms and conditions refer, as far as not provided for, to the provisions of Legislative Decree no. 206/2005.
13.2 For any dispute between the parties regarding this contract, the court in whose district the consumer has his domicile shall also have alternative jurisdiction, in accordance with applicable law.
13.3 The consumer is advised that he/she may refer the matter to the Dispute Resolution Body accessible at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2, to which Terrachevive by Marco Alessandro Punzi is not a member.
Taranto (TA), 09 June 2021