ENVINBACCO TERMS AND CONDITIONS
1. Premises
– The following terms and conditions govern the provision of commercial intermediation services provided by Vinbacco S.r.l, VAT No. 13269340967, with registered office in Milan (MI), 20123, at Via Vincenzo Monti n.8, represented by its legal representative Andrea Musmeci, born in Segrate (MI) on 08/07/1994, in relation to the Vinbacco Tour project, of which Vinbacco S.r.l holds the trademark ownership;
– Vinbacco S.r.l deals with Food and Wine Tourism; through the Vinbacco platform, users can book their preferred food and wine tour, with the aim of enhancing Italian food and wine tourism through the sale of services offered by partners to Users.
The service allows Users to book, through the web platform vinbacco.com / vinbaccotour.com, food and wine experiences at Partner locations including but not limited to (wineries, accommodation facilities, e-bike rentals...) participating in the Vinbaccotour / Vinbacco project.
– Vinbacco S.r.l therefore operates as a third-party intermediary, enabling Partners and Users respectively to offer and utilize online booking services available on the platform.
– Partners and Users utilizing the services offered by the Vinbaccotour / Vinbacco Web Platform declare that they know and accept the following Terms and Conditions.
2. Use of Service
The premises are an integral part of these terms and conditions of service use. Vinbacco S.r.l, through the web platform Vinbacco.com / vinbaccotour.com, makes available the booking of services mentioned in the premises, subject to Partner and User adherence to the service terms and conditions.
The service offered, its price, description, location, and all other characteristics are presented on the web platform.
To interact with the platform and purchase any of the services offered, Users must be of legal age and provide truthful and complete personal information as requested by the web platform.
When requesting or purchasing services, Users declare their acceptance of these Terms.
Under no circumstances can Vinbacco s.r.l. be held responsible for loss, dissemination, theft, or unauthorized use by third parties, for any reason, of data entered by Users in the form.
In providing services, Vinbacco s.r.l. discloses and displays data provided by Partners who are therefore fully responsible for all information displayed and entered on the web platform.
Partners are responsible at all times for the accuracy, completeness, and correctness of information provided to Vinbacco s.r.l. and/or entered on the web platform.
The Vinbaccotour / Vinbacco project, through the web platform, does not aim to recommend or endorse any Partner marketed on it, in terms of quality, service level, or recommend their locations and facilities or services and products offered, to the detriment of others.
3. Consideration
The total purchase price of each service offered is visible and described on the web platform and determined in its amount and freely agreed between Vinbacco s.r.l. and the Partner. Vinbacco s.r.l. and the Partner, through a separate agreement, also determine the division of their respective competencies regarding the purchase price of the service.
The Partner accepts that Vinbacco s.r.l. may increase at its discretion the purchase price of the service that appears on the web platform, however, the agreed computation of respective competencies must still refer to the price previously agreed in writing.
The User, by making a reservation through the web platform, sends a purchase proposal for the chosen services. Vinbacco s.r.l. will process the service purchase request, which is considered completed only upon receipt of the confirmation email with which Vinbacco s.r.l., on behalf of the Partner, confirms to the User the acceptance of the proposal under the chosen terms, which will be followed by the obligation to pay the deposit, under penalty of cancellation of the reservation. With the completion of the purchase, the contractual relationship exists directly between the User and the Partner, who remains entirely responsible for the conformity of the service offered on the web platform.
As a result, Vinbacco s.r.l. operates as an intermediary of the partner and expressly specifies that the Partner is the seller of the wine tourism experience and responsible for providing the service to the User, with Vinbacco s.r.l. providing no guarantee or promise regarding the quality and proper functioning of the services. The responsibility for any failure in the execution of services lies exclusively with the Partner.
Vinbacco s.r.l. is in no way responsible for any damage that the User may cause to the Partner during the service provision period.
Vinbacco s.r.l. therefore remains absolutely external to the User-Partner relationship, not being liable in any case for any damage arising from this.
4. Purchase Methods
The User, after selecting the voucher and the amount in euros to gift, can then enter the recipient's name and include an optional dedication by completing the form present on the platform.
After payment, the voucher will be sent directly to the email that will be entered by the purchaser in the form field of the gift voucher purchase page.
The gift voucher is valid for 12 months from the date of purchase, and can be used until the credit is exhausted to book tours/experiences at Partner locations through the web platform within and not beyond the aforementioned term, under penalty of voucher expiration. As a result, the voucher cannot be used for experiences that occur beyond the 12-month term from its purchase, even if booked previously.
If the voucher amount is less than the price of the chosen package, the beneficiary, at the time of booking, will be required to pay the difference.
If any credit remains at the natural expiration of the voucher, therefore within 12 months from the date of purchase of the voucher itself, this will no longer be usable and will not be refunded in any way by Vinbacco. If, during booking, the chosen tour/experience is no longer available, the beneficiary, to be able to use the gift voucher, will be required to book another activity, and may also take advantage of the assistance of a Tour Manager made available by the Vinbacco Tour project.
It is recommended that the beneficiary book the tour/experience at least 60 days in advance.
Purchase methods are provided for registered users only in the following ways:
- Tour Purchase with credit card or other type of card: after registering and identifying the service, the user expressly authorizes Vinbacco to block an amount equal to the price of the chosen experience on the credit card or other type of card. The amounts will be paid only upon confirmation of the reservation from the winery and following Vinbacco's email. In case of refusal by the winery, no amount will be paid.
- Tour Purchase with Voucher: after registering and identifying the service, the user must enter the voucher code at the time of payment and proceed with the reservation. If the Voucher value is less than the cost of the chosen experience, the user will authorize Vinbacco to block the additional amount due on their credit card. Vinbacco will block the funds on the card which will be deducted only after the winery has confirmed the reservation. In case of refusal by the winery, no amount will be paid and the voucher will be re-credited to the reserved area.
- With reference to Vouchers, users can use them according to the type in their possession within the limits of the functionalities listed below:
Type 1: gift voucher code with a fixed value for an experience intended for two people, without the possibility for the beneficiary to add additional payments in case the gift voucher code value is not sufficient to cover the cost of the experience. These gift voucher codes will be usable through a dedicated section called "Special Vouchers" accessible via a link in the website footer. This type of gift voucher codes will allow booking a single tour for two people, with a single use at a time.
Type 2: gift voucher code with a fixed value usable to book multiple tours, without limitations on the number of people. These gift voucher codes can be used as spendable credit to book any tour available on vinbacco.com. If the gift voucher code value does not fully cover the tour cost, the beneficiary will have the possibility to integrate the payment. - Tour Purchase with Cachet credit: after registering and identifying the Service, the user will proceed with payment, automatically being able to add the Cachet credit which is deducted in the checkout. If the Cachet credit covers the selected Service, the user will not have to pay anything else, otherwise the balance will be requested by credit card. In this latter case, the user will authorize Vinbacco to block the additional amount due on their credit card. Vinbacco will block the funds on the card which will be deducted only after the winery has confirmed the reservation. In case of refusal by the winery, no amount will be paid and the Cachet will be re-credited to the reserved area.
In any case, all booking confirmations will be sent by email to the end user and will be visible in the My account reserved area directly from the web.
In case of use of credit card/debit card/prepaid card, the User accepts and acknowledges that it will not be Vinbacco s.r.l. processing the payment but rather Stripe as indicated on the platform and as a result Vinbacco s.r.l will not be responsible for any theft of data or diversion of money for the use of the indicated payment method. Vinbacco s.r.l. is not responsible in case of fraud or unauthorized use of the User's payment methods by third parties.
In case the voucher holder wants to change the recipient, this can be done with a supplement of 35% compared to the value of the same voucher.
Once the reservation is made, the Client must present themselves at the chosen Winery at the time indicated in the booking confirmation.
In case of delay exceeding 10 minutes from the tour/experience start time, the Client accepts that the Winery will have the right to cancel the visit or reduce the duration of the experience so as to allow its conclusion in the established time.
5. Reserved Area
For the client: Users can access their reserved area to view their bookings, cancel them, and view their remaining credit which can be used to purchase other packages directly from the platform. The reserved area will be created following user registration by providing an email and a reference password of 8 characters including a number and a special character.
For wineries: the Backoffice Service is active at this link https://backoffice.vinbacco.com where wineries can access with their username and password and can view bookings, manage them, confirm or reject them, and view booking history.
6. Service Cancellation
The User has the right to withdraw from the booking made within 7 days prior to the event booked at the chosen Partner, and the amount paid will be retained for the following 60 days, during which the User can book a new experience, always through the platform Vinbacco.com / vinbaccotour.com
At the expiration of the 60 days without the User having booked a new event, Vinbacco s.r.l. will retain the entire amount as a penalty. If the withdrawal occurs in a period of less than 7 days, the User will definitively lose the amount paid, which Vinbacco s.r.l. will therefore retain as a penalty and may decide to split 50% with the Partner where the event was booked. In case of cancellation of the booking by the chosen Partner, Vinbacco s.r.l. reserves the right to propose an alternative Partner to the visitor.
In case of refusal by the User, Vinbacco s.r.l. declines any responsibility and cannot in any case guarantee the refund of the amount paid.
Vinbacco s.r.l. is in no case responsible for the cancellation of the event due to force majeure and none of the parties has the right to claim any refund.
In case of cancellation of the booking within the prescribed terms, the agreed amount will be re-credited to the Cachet, whose balance will be available in the reserved area.
In case of purchase with the gift voucher payment method, the amount will be re-credited to the voucher in case of cancellation within the terms without penalties.
7. Reviews
On the web platform and on Vinbacco's communication channels, Users can write and publish a review or comment that exclusively refers to the booked experience. Vinbacco s.r.l. reserves the right not to publish or remove the User's review if it contains insults or vulgarity, meaningless word sequences, a violation of third-party intellectual property rights, advertising, spam or references to other products or services, personal information or elements that may lead to identity theft (e.g., first and last names of people who are not public figures, phone number, mailing address or email address) on any online and offline communication tool of Vinbacco.
The web platform is in any case not usable for illegal, illegitimate, or fraudulent purposes, to convey inaccurate, illegal information and in violation of privacy.
8. Disclaimer of Liability
To the extent permitted by law, Vinbacco s.r.l. excludes any warranty, express or implied, and liability, whether contractual or tort, for damages or losses relating to the web platform and its use. Vinbacco s.r.l. operates as an intermediary of the Partner and expressly specifies that the Partner is the seller of the experience and responsible for providing the service to the User, with Vinbacco s.r.l. providing no guarantee or promise regarding the quality and proper functioning of the services and cannot in any way be responsible for the failed or incorrect provision of the service offered by the Partner.
The User therefore acknowledges and agrees that Vinbacco s.r.l. does not provide any type of warranty, express or implied, of merchantability, compatibility or fitness for a particular purpose or regarding the fact that the service offered by the Partner corresponds to the User's requirements and needs. The responsibility for any failure in the execution of services lies exclusively with the Partner.
The Partner acknowledges and agrees that Vinbacco s.r.l. provides no guarantee regarding the actual number of bookings obtained through the platform, regardless of the chosen service.
Vinbacco s.r.l. is in no way responsible for any damage that the User may cause to the Partner during the service provision period.
Vinbacco s.r.l. therefore remains absolutely external to the User-Partner relationship, not responding in any case to any damage arising from this. Excluding cases of willful misconduct or gross negligence, Vinbacco s.r.l. is not liable for any damage to the Partner (or their employees, directors, officers, agents, representatives, or affiliated companies), whose products or services are directly or indirectly made available, offered, or advertised on the web platform or through it, including cancellations (partial), overbooking, strike, force majeure or any other event outside our control.
Vinbacco s.r.l. cannot be held responsible (nor can it be called to answer) for the collection, withholding, sending or payment to the competent authorities of taxes applicable to the cost of the visit or booking under the Partner's competence. Vinbacco s.r.l. does not act or operate in any case as an official seller of any product or service made available on the web platform.
The Partner authorizes Vinbacco S.r.l. to use and publish all informative and photographic material relating to the winery that will be sent by the same, including that already present on its institutional website, releasing a discharge for its use for the purposes of the commercial promotion agreement, certifies, guarantees and declares to own the copyrights on the photos/images, and accepts that Vinbacco s.r.l. can use the photos/images on its website (including mobile) and apps, in promotional material and publications both online and offline, in the ways it deems appropriate for the performance of the service.
Vinbacco s.r.l. cannot be held responsible for any direct and/or indirect damage arising from the use of the service or from the interruption of the service's operation as well as for any software and hardware errors or related to the reliability of any information obtained through it.
Vinbacco s.r.l cannot be held responsible for the failure to notify by the User of food intolerances/allergies of the same and/or of a natural person in the company of the User. They must promptly notify Vinbacco s.r.l and/or the Partner prior to the date of the agreed event.
Vinbacco s.r.l cannot be held responsible for any infections due to Covid-19 on the day of the event agreed through the platform Vinbacco.com / vinbaccotour.com for the User or Partner, and the non-observance of any protocols in force. Vinbacco s.r.l in any case will not be responsible for any administrative non-compliance and in particular for the absence of any license required by law for the provision of the service attributable to the Partner and offered by the latter, who will therefore be responsible and will respond directly to the user on their own.
9. Intellectual Property Rights
Vinbacco s.r.l. exclusively holds all rights, titles, and interests in and towards all intellectual property rights concerning the graphic appearance and general interface (including infrastructure) of the web platform through which the service is made available. Vinbacco s.r.l. does not authorize copying, deriving, linking, publishing, promoting, integrating, using, combining, or in any other way using the contents (including guest reviews and translations) or the Vinbacco trademark without express written approval. In the event that a subject uses or combines (in part or totally) the contents of the web platform (including guest reviews and translations) or otherwise takes possession of any intellectual property right of the platform or any content (or translation), they must attribute, transfer and fully assign such intellectual property rights to Vinbacco s.r.l.
Any use not compliant with the law or any of the actions or behaviors mentioned above constitute a material violation of intellectual property rights (including copyright and database protection rights).
10. Applicable Law and Jurisdiction
All disputes regarding execution, interpretation, and validity of these terms and conditions are subject to the law, jurisdiction of the State, and exclusive jurisdiction of the Milan court, where the exclusive consumer forum is not applicable.
11. Communications
Any communication relating to this contract or in relation to it must be sent by registered letter and/or by certified email Vinbacco@pec.it and/or by email to the contacts indicated by the parties on the web platform.
12. Final Conditions
Vinbacco s.r.l. reserves the right to modify the Conditions at any time, in whole or in part. Users and Partners are required to periodically check this page to take note of any changes that will therefore be binding.
Any tolerance of behaviors put in place by one or all parties in violation of the provisions contained in the terms and conditions of use does not constitute a waiver of rights deriving from the violated provisions nor the right to demand exact fulfillment of obligations and respect for all terms and conditions provided.
In case of invalidity and/or ineffectiveness, in whole or in part, of any provision or clause that does not have an essential nature, the parties agree to negotiate and agree, in good faith, so that such provisions or clauses are replaced with others, valid and effective, that have substantially the same effect with regard to the object and purposes of the contract.
For information on the processing of personal data, Users must refer to the Privacy Policy present on the web platform vinbacco.com/vinbaccotour.com.