1. Agreement
These Terms of Use govern the relationship between Angela Trawoeger, Via Cerche 54, Malcesine (VR), VAT no. 03825900230 (hereinafter “360gardalife”) and the person (hereinafter “User”) who purchases a product or service on the website www.360gardalife.com (hereinafter “the Platform”).
These Terms of Use do not govern the relationship between the natural or legal person (hereinafter “Partner”) offering their services (hereinafter “Services”) through the Platform, and the User.
2. Provision of services
360gardalife is an online platform that allows the User to book and purchase a sporting activity or accommodation provided by a Partner through the Platform itself.
The Platform aims to put the User and the Partner in contact, and it is therefore unrelated to the contractual relationship, at every stage – including its execution – between the User and the Partner.
3. Who can buy on 360gardalife
Only individuals who are at least 18 years old are allowed to purchase the Services on the Platform.
When purchasing the products, the User is required to provide truthful, correct, and complete information.
The User is also required to immediately notify the Partner of any change in the data provided.
The User agrees to indemnify and hold 360gardalife harmless from any obligation for compensation and/or penalty in any way related to a failure to comply with these rules relating to providing and communicating their own data, except as provided by the statutory rules of law.
4. How to book a sporting activity or accommodation
Sporting activities and accommodation on the Platform can be booked by filling out the form in the product sheet or in the Partner card.
The User’s request is addressed to the Partner, who will confirm availability or not and, in case of availability confirmation, will send the User the payment request.
5. Prices
All prices on the website include VAT.
6. Cancellation of a sporting activity by the Partner
The User acknowledges and agree that the Partner may cancel a sporting activity if circumstances beyond their control make it dangerous or impossible to perform the sporting activity provided.
Examples of circumstances beyond the Partner’s control are adverse weather conditions, natural events or in any case events beyond the Partner’s control and health conditions.
In this case, the Partner will be responsible for informing the User as soon as possible using the contact details indicated by the User when purchasing the service.
In the event of any cancellation of the booked sporting activity, any agreement resulting from the cancellation must be made between the User and the Partner.
360gardalife is unrelated to this type of agreement.
The User agrees not to be entitled to any type of indemnity or compensation in the event of cancellation of the sporting activity against 360gardalife, without prejudice to mandatory legal obligations.
7. Responsibility
In case 360gardalife fails to execute the order within the time stipulated in the contract, it shall not be deemed liable for any kind of inefficiency due to force majeure or fortuitous event, even if this depended on malfunctions and Internet network inefficiencies.
360gardalife shall not be deemed liable for the performance of the sporting activity purchased through its Platform, nor for any aspect or event concerning the accommodation booked by the User and, in general, for the fulfilment of the contract entered into between the User and the Partner.
360gardalife does not guarantee the truthfulness, quality, lawfulness, safety and any other characteristic of the sporting activity or accommodation offered by the Partner on the Platform.
The Partner is solely responsible, without prejudice to the obligations required by law, for what is published on the Platform in relation to the sporting activity or accommodation provided and for the execution of what is provided through the Platform.
The user shall:
• Ensure that the necessary conditions and requirements (physical condition, certificate, level of practice, license, etc.) that may be mentioned in the description of the sporting activity are met before booking a sporting activity; otherwise, the Partner can prevent the User from participating in the sporting activity, without refund.
• Provide accurate information for booking a sporting activity with the Partner; otherwise, the Partner can prevent the User from participating in the sporting activity, without refund.
• Comply with the instructions and rules notified by the Partner before, during and after performing the sporting activity, including those regarding safety.
• Arrive on time at the place specified and indicated in the booking summary.
360gardalife cannot verify whether a User or a participant has the physical condition, experience, license, certificate, or level sufficient to carry out a sporting activity.
Therefore, the User acknowledges to participate in sporting activities on their own responsibility, and only after considering skills, physical condition, experience, limitations, and risks deriving from participation in a sporting activity.
360gardalife will not be held responsible for injuries, accidents or deaths occurring during the performance of a sporting activity.
The User is aware that the description of itineraries and routes on the Platform is indicative only and corresponds to the condition of premises existing at the time the itinerary and the route were addressed by the author of their description.
It is therefore the User’s responsibility to verify, before tackling any of the itineraries or routes described on the Platform, what the actual condition of premises is.
The User acknowledges to tackle these itineraries and routes under their own responsibility and only after having taken the ability, physical condition, experience, limits, and risks relating these itineraries and routes into consideration.
8. Suspension of the platform
360gardalife reserves the right to suspend or interrupt, even permanently, the provision of the services offered through the Platform.
360gardalife reserves the right to interrupt Platform operation due to its own – or third-party – IT systems maintenance or updating needs. In these cases, 360gardalife will inform the User in such manner as it may deem appropriate, for example by e-mail or messages on the Platform.
360gardalife declines any and all responsibility for possible damages caused by the interruption of services, even if deriving from blackouts or failures of the Platform or third-party suppliers’ servers.
9. Intellectual Property
Contents, such as texts and images, present on the web Platform are property of 360gardalife or licensed to 360gardalife and are covered by 360gardalife or licensors intellectual property rights, unless otherwise specified.
These contents may not be downloaded, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed, or otherwise exploited for any other purpose without 360gardalife or, if possible, 360gardalife’s licensors prior written consent.
The Services provided on the website, whose industrial and intellectual property rights belong to their respective owners, are not considered contents.
10. Link
Platform may include links to other websites operated by third parties, including advertisements and other content providers. These websites may collect data or request personal information from the User.
360gardalife merely provides the User with access to these third-party websites and does not exercise any form of control over them. Therefore, under no circumstances shall it be held responsible for the use of these websites by the User.
11. Applicable law and jurisdiction
These Terms of Use are governed by Italian law.
Any disputes relating to these Terms of Use, if not settled amicably, shall be submitted to the exclusive jurisdiction of the court of Verona.
In the event that the User qualifies as a consumer, the rules indicated in the paragraphs below shall apply.
The User may try to resolve any dispute concerning the purchase made on the website through the ODR platform, created and managed by the European Union.
The user can access the ODR platform from this link: http://ec.europa.eu/consumers/odr.
Any dispute regarding these Terms of Use, if not settled amicably, shall be submitted to the exclusive jurisdiction of the judge of consumer’s place of residence or domicile.
According to the art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005) a consumer is the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity performed.
