- Wanderio S.p.A., with registered office in Rome, Viale Città d'Europa 780, postal code 00144, VAT 12303801000, share capital 16.833,31, of which 16.833,31 fully paid, email [email protected], operating under technical direction of travel agency Cruzeiro do Sul di Wanderio S.r.l., SCIA Prot. n° 65937 12/05/2015, issued by Città metropolitana di Roma Capitale, insurance policy n° 184510, offers to its users ("Users") of the website www.wanderio.com ("Website"), the chance to:
- search and compare – online – one or more combinations of Transport Solutions, necessary to reach User’s destination (“Transport Solution”); and eventually
- require Wanderio to buy on behalf of the Users, through a single operation, the specific transport services listed under paragraph a), indicated as available on the Website ("Solution" or "Transport Solution") from transport service providers (defined as "Transport Operators"), consistently with their actual availability.
- The services provided by Wanderio pursuant to article 1.1 above ("Service") is ruled under the present general conditions of service ("General Terms and Conditions"). The Service does not fall within the definitions of "travel planner" nor of "intermediary", set forth under article 33, Tourism Code (Legislative Decree 23 May 2011, no. 79) and under article 1, Law 27 December 1977, no. 1084.
- At any time, Wanderio shall be entitled to modify these General Terms and Conditions, if such amendments should be required by applicable laws and regulations or by changes made by Wanderio to its commercial policies according to market needs. These amendments shall not apply to the purchases executed by the User before the modifications became effective. Wanderio strongly recommends the User to verify these General Terms and Conditions before every use of the Service.
- The use of the Website by the User involves the acceptance of these General Terms and Conditions. Wanderio strongly recommends the User to save on his/her personal computer or otherwise these General Terms and Conditions and to print them.
- In order to access to the Website and use the Service, the User shall have the necessary tools, connections, equipments, hardware and software tools.
- Articles from 45 to 67 (exception made for articles 51, point 2, 62 and 65) of the Legislative Decree dated 6 September 2005, no. 206 ("Consumer Code") shall not be applicable with reference to the User’s booking order of any Transport Solution through the Website. Indeed, according to article 47, point 1, letter (m) of the Consumer Code, in such case application of the above mentioned articles is excluded.
2. Access to the website
- The User can search any information on the available Transport Solution according to article 1.1, letter a) without being required to register to the Website or to provide his/her own data.
- In order to proceed with the purchase of the Transport Solution according to article 1.1, letter b) above, the User shall have to register to the Website, following the procedure laid down therein and provide the information asked therein. Afterwards, the User shall be entitled to access to the Website through its ID and password (“Access Codes"), provided under the registration procedure.
- The User hereby represents and warrants that data filed during the registration procedure are truthful and correct and he/she shall commits him/herself to update them in each case of modification. By registering to the Website the User further represents and warrants to be 18 or older and to have the legal capacity to use the Service.
- The User is responsible to protect his/her Access Codes and to keep them secret. In case of loss or disclosure to third parties, the User shall undertake to promptly notify it to Wanderio.
- Any use of the Services provided by the Website requiring the use of Access Codes are considered as made by the User, owner of such Access Codes, and consistently with the data provided during the registration procedure set forth under article 2.3.
- Wanderio shall not be responsible for any damage, cost or loss suffered by the User in case of fraud or any other unauthorized use of User’s Access Code by third parties.
3. Booking of transport solutions
- Upon selection of the departure and destination on the Website, the User will be able to decide among several Transport Solutions that will permit him/her to reach the chosen destination from the departure city.
- Wanderio does not make any representation that the Transport Solutions provided by the Website are all the travel arrangements available from the departure to the destination selected by the User.
- The information provided under previous article 3.2 results from: (i) data made available to the public by single Transport Operators; (ii) data available online through engine searches accessible by the public. This information is made available by Wanderio directly to the User through reproduction on the Website and/or indirectly through an hyperlink (link) to single Transport Operators' websites. Wanderio does not grant that such information does not contain errors or misstatements. The User shall verify the information received with the single Transport Operators. The Transport Operators are the solely responsible for the truthfulness and correctness of provided data.
- The User represents and warrants that any search of Transport Solutions are done only and exclusively for his/her own personal interest and in particular, that he/she does not execute such operations (directly or with the assistance of automated computer program or application) for his/her own commercial advantage and/or in order to provide same or similar commercial activities to those provide by Wanderio.
4. Purchase and confirm
- The User shall be entitled to require Wanderio to buy on his/her behalf the Transport Solution chosen by him/her on the Website from Transport Operators, upon the previous payment by the User of the amount resulting on the Website for the chosen Transport Solution, according to article 4.4.
- In order to proceed with the booking order of the Transport Solution, the User shall click on the electronic button provided on the Website bearing the words "Order with Obligation of Payment" and subsequently pay the Consideration (as defined below).
- The User shall pay the consideration relating to the chosen Transport Solution (“Consideration"), whose amount shall be indicated at the end of the purchase procedure, through the payment tools specified on the Website. This Consideration, as highlighted in detail on the Website with the indication of the different payment methods, includes the amount due to Wanderio for the Service provided under article 1.1, letter b).
- If the purchase of the Transport Solution is made by the User through credit card, the Consideration will not be charged on the credit card but it will be secured until definitive booking confirmation of the Transport Solution according to the following article 4.5.
- After receiving the booking order by the User according to article 4.2, Wanderio shall immediately send to the User a confirmation email providing all the details of the chosen Transport Solution and the paid Consideration. Afterwards, Wanderio shall verify the availability of the transport arrangements provided by the Transport Operators and included in the chosen Transport Solution, according to terms and conditions provided on the Website.
- Within 48 (forty-eight) hours from the User's request, Wanderio shall inform the User via email of the successful purchase of the Transport Solution, sending all the details of the Transport Solutions, or either of the impossibility to proceed to such purchase under the same conditions and terms provided on the Website.
- Should be impossibility to proceed with the purchase of the Transport Solution according to the terms and conditions of the Website, in case of payment with credit card, Wanderio shall released to the User the amount previously secured, and, in case of payment through other payment methods, Wanderio shall immediately accredit to the User the entire amount paid by the User as Consideration.
- In case the User should not receive any confirmation of the processed Transport Solution within 2 (two) hours from the sending of the booking order or should not receive any confirmation of purchase of the Transport Solution provided under article 4.6 within 48 (forty-eight) hours form the sending of booking order, the User shall promptly inform Wanderio by sending an email to the following mail address: [email protected]
5. Cancellation and amendment of the transport solution – exclusion of withdrawal right under article 47 point 1, letter (m) of the consumer code
- If provided by the agreements with the Transport Operators, with reference to the Transport Solutions included in the chosen Transport Solution and within the limits provided herein, the User shall be entitled to require Wanderio to cancel or amend all or part of the chosen Transport Solution.
- In order to require cancellation or modification of all or part of the Transport Solution according to previous article 5.1, the User shall send an email to the following address: [[email protected]] or contact by phone the following number [+39 02 94756862] or otherwise contact Wanderio by using any other communication tool available on the Website (e.g.: chat). Wanderio, within the limits and rights granted to the User by the different Transport Solutions of the Transport Solution, shall make its best effort to respond to the User's request.
- Wanderio shall not be responsible for any damage or consequences suffered by the User due to the impossibility to modify or cancel all or part of the Transport Solution purchased by the User through by the Website.
- Wanderio shall not be responsible for the payment to other Transport Operators of any other amounts due to them by the User, in any capacity, whatsoever, for the cancellation or modification of all or part of the Transport Solution requested by the User. In such case, if necessary, Wanderio shall proceed to the cancellation or modification of the Transport Solution requested by the User upon the previous payment to Wanderio by the User of the amount requested by the Transport Operator.
- According to article 1.6 above, the User shall not be entitled to exercise the right of withdrawal pursuant to article 5.2 and ss. of the Consumer Code, with reference to any purchased Transport Solution, because the purchase of any such Transport Solution involves the purchase through Wanderio of Passenger Transport Solutions for which, according to article 47, paragraph 1, letter (m) of the Consumer Code, application of the right of withdrawal is excluded pursuant to article 52 of the Consumer Code.
6. User's responsibility and duties
- With reference to the chosen Transport Solution, the User shall verify if it is necessary to obtain licenses, authorizations or visas from the authorities of destination countries and therefore the User shall provide himself/herself with all required documents before leaving. Wanderio does not provide any information on the above and shall not be liable in case the User should not be able to travel or should suffer any other consequence, because of the lack of documents and/or authorizations mentioned above or because of their incorrectness.
- If other Transport Solutions on the Website, although linked to a Transport Solution purchased by the User, cannot be bought through Wanderio, the User shall directly purchase them without using the services provided by the Website. Wanderio disclaim any liability in case any Transport Solutions can not be purchased through the Website for any reason or cause.
- The User shall verify terms and conditions concerning the chosen Transport Solutions available in the relevant field of such purchased Transport Solution. Wanderio shall not be responsible for User’s lack of knowledge of such terms and conditions. With particular reference to the air transport, the User shall verify with the Transport Operator terms and condition relating to the purchased flight including, but not limited to, the following information concerning: disabled transport, pregnant women transport, check-in, boarding, limitations on luggage, reimbursement for canceled travels, flight delays, animal transport, possibility to cancel or modify the Transport Solution.
7. Wanderio liabilities
- Wanderio shall undertake to executed the Service with diligence and care and pursuant to all applicable Italian laws and regulations.
- With reference to the Service, Wanderio provide an intermediary activity: i.e. it allows the Users to book and pay for certain travel solutions offered by Transport Operators. Therefore, Wanderio shall not be responsible for the duly execution of the travel service provided by such Transport Operators, which shall be the solely responsible for the execution of their respective obligations and duties.
- The User may see advertising material submitted by third parties on the WebsiteEach individual advertiser is solely responsible for the content of its advertising material and Wanderio accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy thereinSuch advertisers shall be the exclusive responsible of contents of information relating to the products and services advertised by them.
8. Intellectual property
- Wanderio exclusively retains ownership of the trade mark “Wanderio” and following domain names wanderio.com, wanderio.it, wanderio.org, wanderio.co.uk, wanderio.es, wanderio.fr, wanderio.us (hereinafter, collectively defined “Domain Names"). No use of the trademark “Wanderio” and/or of the Domain Names is allowed without prior express written authorization of Wanderio.
- Wanderio exclusively retains ownership of all rights title and interest in and to (all intellectual property rights of) the Website on which the service is made available, including but not limited to contents, tests, design, (including infrastructure) data, know-how, software and information contained or connected to it (hereinafter, collectively defined also “Wanderio IP”). Wanderio does not license any Wanderio IP to the Users. There Users are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, translate, market, integrate, utilize, combine or otherwise use, in whole or in part Wanderio IP, except as necessary to use the Service.
- The use of data or information, also in an aggregate form, test, images, photos and distinctive signs of third parties is made only for an illustrative purpose.
9. Third party website disclaimer
- This Website may contain links to other websites owned and operated by third parties. Wanderio shall not be responsible for the products, services or overall website contents available on third-party site, including for an illustrative jet incomplete purpose, Travel Operators’ websites. Wanderio does not make any representations and warranties express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them and on their the suitability, accuracy or quality or compliance with applicable laws and regulations on products and/or services available on such websites.
10. Duration - Withdrawal
- These General Terms and Conditions shall be effective among the parties upon its acceptance by using the Website by the User according to article 1.4 above and until the effective date of withdrawal by one of the party pursuant to article 10.2 below.
- Wanderio and the User shall be entitle to withdrawal from these General Terms and Conditions at any time and with immediate effect by sending a registered letter. In such case, the Parties shall duly execute their obligation as provided under this General Terms and Conditions with reference to the Transport Solutions purchased prior to the withdrawal effective date and not yet completely executed.
11. Compulsory communication pursuant to Law. no. 269/1998, art. 16
- According to Law no. 269/1998, art. 16, Wander informs the Users that: “Offenses related to child prostitution and child pornography are punishable under Italian law, even when they are committed abroad, with imprisoment”.
12. Applicable law - Dispute settlement and exclusive jurisdiction
- These General Terms and Conditions are governed by the Italian laws and shall be interpreted according to it.
- Any dispute arising out of these General Terms and Conditions shall be exclusively submitted to the competent courts in Milano.
According to articles 1341 and 1342 of the Italian Civil Code, the Parties hereby expressively agree on the following articles of these General Terms and Conditions: Article 3.2, 3.3 (Booking of Transport Solutions); 4.8 (Purchase and Confirm); 5.3, 5.4 (CANCELLATION and amendment of the Transport Solution); 6.1, 6.2, 6.3 (Responsibilities and duties of the Users); 7.2, 7.3 (Wanderio Liabilities); 10.2 (Withdrawal); 12.2 (Dispute settlement and exclusive jurisdiction).