Terms & Condition

General terms and conditions OF SALE

These general terms and conditions, including the privacy policy (hereinafter, the “General Terms and Conditions “), and the Purchase Order generated by the Client through the procedures in the sales portal (www.birotrip.com), hereinafter also simply ‘the portal’, both of which have been reviewed by the Client who declares to be fully and completely knowledgeable of their contents (hereinafter jointly referred to as the “Contractual Documentation”) govern the sale of vouchers that entitle the holder to an overnight stay on a bed and breakfast or half-board basis in a hotel and/or hotel-like and/or non-hotel accommodation facility – as stated on the voucher – by Birorent Srl (Fiscal and VAT Code 04415370271), in the person of its Chairman and pro-tempore Legal Representative Mr Tiziano Busin (Fiscal Code BSNTZN55A27F013P), with registered and operating offices in Via Tarantelli no. 7, 31030 Dosson di Casier (TV), owner of the travel and tourism agency ‘BIROTRIP’ located in Casier, Via Tarantelli no. 7, having registered with Unipass under registration no. 04415370271-23032021-1614 filed under the Veneto Region Protocols no. 133146 of 23.03.21 and no. 230447 of 19.05.21, and Veneto Region notification protocol no. 0234081 of 21.05.21, having underwritten insurance policy no. 501561403 with the company Allianz S.p.A, hereinafter also referred to as “Birorent”, and/or “Supplier”, to Consumer Customers (where Consumer is understood to be “a natural person acting for purposes unrelated to the performed entrepreneurial, commercial, handicraft or professional activity “, and to Tour Operators or in any case Professional Customers (company, sole trader, self-employed worker) as defined in Art. 3 of Law Decree no. 206 (Consumer Code) of 06.09.2005, hereinafter, also referred to simply as the “Customer”/”Consumer Customer”/”Professional Customer”. By signing the Purchase Order, the Customer declares that they have read and unconditionally accept the General Terms and Conditions of Sale and specifically approve the following articles: art. 2 (creation and management of the personal account, conservation of access credentials, waiver of liability; prepayment and entering into the contract; non-acceptance of orders); art. 3 Consumer Customer’s right to withdraw / exclusion of the Professional Customer’s right to withdraw; art. 4 exemption from liability with respect to the descriptions on the Site; art. 5 non-involvement of the Supplier with respect to the booking procedure; art. 6 exclusion of the extension and renewal of vouchers; art. 8 changes in the description of prices and discounts; obligation to check and pay at the Facility for services not included; art. 9 exclusion of liability: limits of reimbursement, irrelevance of suspensions, delays or inefficiencies of the website, non-involvement with respect to the relationship with the Facility, both during the booking stage and during the use of the service; obligation to keep the voucher; art. 14 modifiable contractual conditions; art. 15 application of the Italian law; exclusive jurisdiction for Tour Operator / Professional customers; art. 16: processing of personal data.

Art.1 Scope of the contract

The scope of the contract is the sale of bearer vouchers, namely travel documents that entitle the Customer to an overnight stay for two people in a double room, for at least one night up to a maximum of 7 nights, on a B&B or half board basis, depending on the type of voucher purchased by the Customer, in a hotel and/or hotel-like and/or non-hotel accommodation facility and/or open-air facility (hereinafter referred to simply as the Facility/ies) chosen by the Customer amongst those available on the Portal at the time of purchase, as clearly stated on the voucher purchased. The dates of the overnight stay shall be agreed directly with the accommodation facility depending on their availability.

Art.2 Registration on the Website and entering into the Contract

The voucher, which is covered by the contract, can be purchased online by the Customer on the Portal, following the steps listed hereafter. To purchase the voucher, the Customer must first register on the website as a ‘Private individual/Consumer’ or ‘Professional’ by entering the required data in the appropriate fields and accepting these contractual conditions. Private individuals entitled to a ‘Company Discount Code’ (so-called ‘Business Accounts’) supplied to them by a business account holder, must make sure the code is entered in the appropriate field during registration/or when signing in. Successful registration will be confirmed by e-mail to the address entered during the registration process. In order to register, the Customer shall create a personal account using a username and password chosen by the Customer. The Customer is entirely responsible for the conservation and safekeeping of these credentials. The credentials allow access to the reserved area where the Customer can place orders, check the status of orders, edit his/her personal data, receive and manage offers, promotions, discount codes, etc. For Customers with Business Account Discounts, the reserved access process will directly display the prices reserved to Customers with Business Account Discounts. In the event of loss or theft of the username and password, the Customer must initiate the replacement procedure without delay. The Customer in any case, declares that they exonerate Birorent S.r.l. from any responsibility in relation to the unauthorised use of their account by third parties and acknowledges that they are solely responsible for the correctness and truthfulness of the data entered, also guaranteeing that they are of legal age and legally capable, and that they are the legitimate owner of the data entered, which is to be understood as true, correct and updated. Once logged in as a Registered Customer or as a Customer with Business Account Discounts, the Customer can select a Facility and select the number of nights, the type of treatment they wish to purchase (from 1 to 7 nights; B&B or half board), the type of room – if there is a choice – and add the selection to the shopping cart. To purchase a voucher covered by this contract, the price of the voucher will be prepaid, as stated in Article 6 below. The order overview summarises the main conditions, including the selected facility, the number of nights, the chosen treatment, the price, and the means of payment. The Customer shall check that the data entered and that the conditions stated in the order overview are correct. The Customer shall also read these General Terms and Conditions, the Privacy Policy and the provision on the exclusion of the right of withdrawal, before sending the order. By sending the order, the Customer acknowledges and declares that they fully and unconditionally accept these General Terms and Conditions, and also consent to the processing of their Personal Data. The Customer shall then select the preferred method of payment: PayPal, Credit Card or Scalapay and proceed with the relevant payment, in accordance with the contractual terms and conditions applicable to the chosen payment method. Scalapay allows customers to receive their order immediately and pay in 3 instalments: the Customer acknowledges that the instalments will be transferred to Incremento Spv s.r.l., associated parties and their assignees, and that they authorise this transfer. The contract shall be considered concluded once Birorent S.r.l. has received payment of the price. For credit card payments the contract will enter into force once the acceptance of the payment has been received by the relevant entity. Once the payment has been received and, therefore, the contract has been entered into, the Customer will receive an e-mail confirming the payment and that the contract has been entered into; it shall also include the invoice for the payment made and the voucher, consisting of a .pdf file. The issuance of the voucher shall also be communicated to the chosen Facility. The voucher can be redeemed by the bearer in accordance with the procedures set forth in Article 5 below. The voucher shall in any case also be available in the Customer’s personal area until it is used, or in any case until its expiration date, determined in accordance with Article 6 below. The Supplier reserves the right to assess the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, that come from accounts for which there are previous unpaid orders or for which there is the suspicion of the fraudulent use of the account. The Supplier shall notify the Customer if it unable to accept the orders received in the shortest time possible after the Customer has transmitted the Order and shall refund any sums already paid by the Customer for the Services. In this case, the Customer shall not be entitled to the payment of damages or to compensation.

Art.3 Consumer withdrawal – exclusion of withdrawal for Tour Operators/Professional Customers

As provided for by the law in force, the right to withdraw from the contract shall only apply to Consumer Customer and shall be excluded for Tour Operators/Professional Customers. The Consumer’s right to withdraw from the contract is governed by Art. 52 and following of the Italian Consumer Code. The Purchaser shall have the right to withdraw from the contract, without stating any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the Purchaser received the voucher. In order to exercise the right of withdrawal, the Purchaser shall inform the seller (Birorent Srl, Fiscal and VAT code no. 04415370271, with registered and operational offices in Via Tarantelli N° 7, 31030 Dosson di Casier (TV), telephone (+39) 0422 1836122, e-mail info@birotrip.com, pec birorentsrl@legalmail.it) of their decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, fax or e-mail), possibly using the attached standard withdrawal form. The burden of proof shall be on the Purchaser. If the right of withdrawal is exercised in a valid and timely manner, the Buyer shall be refunded of all payments made, without undue delay and in any event no later than 14 days from the day Birorent was informed of the decision to withdraw from the contract. The refund shall be made using the same payment method used for the initial transaction, unless the Buyer explicitly agrees otherwise. The Buyer shall not incur any costs as a consequence of the refund. The Purchaser acknowledges and expressly accepts that the right of withdrawal is excluded, pursuant to Art. 59, section 1, letter A) of Law Decree 206/2005 (Consumer Code), if the service is fully provided by means of the use of the voucher within 14 days, and also pursuant to Art. 59, section 1, letter N) of Law Decree 206/2005 (Consumer Code), for the provision of accommodation for non-residential purposes or services concerning leisure activities, if the contract provides for a specific date or period of performance.

Art.4 Description and classification of the hotel service

The descriptions, specifics (including the official classification) and photos of the Facilities shown on the website are entirely taken from the catalogue and/or the website of the Facilities, or otherwise provided by the owners of the Facilities. The correctness and truthfulness of the information supplied depends therefore solely on the Facility, and the Provider shall not guarantee the correctness, truthfulness and accuracy of the aforementioned descriptions, specifics, photos and hotel classifications. This information and its updates can be verified directly by contacting the facility.

Art.5 How to use the voucher

The voucher is issued ‘to the bearer’ and may also be used by parties other than the purchaser, who shall therefore be free to use it directly or transfer it. The Supplier and the owners of the Facilities shall not be required to verify that the person using the voucher to benefit from the service is the legitimate owner. Vouchers may also be used cumulatively, up to a maximum of 7 nights, at the discretion of the Facility. Once purchased, in order to redeem the voucher, the Customer shall contact the Facility directly to check availability and book the stay. Bookings are limited and/or excluded in certain times of the year at the discretion of the Facility, as stated on the Portal. The booking and cancellation terms applied by each Facility to its customers shall also apply to voucher holders. The confirmation of the booked stay is subject to the prior and discretionary approval of the date or dates of interest requested by the Facility. Should the date or dates requested by the Client be unavailable, the Facility shall identify and suggest to the Client at least two alternative dates available for the use of the voucher, which the Client shall be free to accept or not. Birorent S.r.l. is not involved in the booking procedure and cannot guarantee the availability of the Facility in the dates required by the Customer. The latter explicitly exonerates Birorent from any responsibility in this regard.

Art.6 Duration of the Voucher

The Voucher shall be valid for 36 months from the date of purchase by the Customer. The voucher must be redeemed against a stay within this term. The voucher cannot be extended or renewed. Failure to use the voucher during its validity shall result in the loss of the possibility of using the service, and the Consumer shall not be entitled to any form of reimbursement or restitution.

Art.7 Anti-covid-19 clause

For the entire duration of the state of emergency linked to the Covid 19 epidemic, it shall be the Customer’s responsibility, before making a reservation, to check any regulatory restrictions in force and the requirements for access to the Facilities.

Art.8 Prices

The price of each voucher is displayed on the website in Euros including VAT, pursuant to Article 30-bis of EU Directive No. 2016/1065, transposed by Law Decree 141/2018. The price varies depending on the Facility and the type of services chosen within the same Facility. The website provides an indication of the average price charged by each Facility in the medium and low season, in addition to stating the discounted sale price of the voucher with respect to this amount. The Customer shall be charged the price stated at the time of placing the order. The discount applied and, therefore, the final price of the voucher may vary, at the Supplier’s discretion: any reductions made at a later date do not entitle the Customer to a further reduction on the price already paid. The website provides a list of the services included for each Facility, which the Customer shall be entitled to enjoy by using the voucher. All services not expressly listed shall be understood to be payable at the Facility, at the rates applied by the Facility, and shall be paid by the Client directly to the Facility. By way of example, in order to add a third bed/cot, the Customer is required to verify with each Facility if this option is feasible and if a price will be applied based on the age of the child and the dates of the stay. Changes to the treatment included in the voucher (from B&B to half board, or from half board to full board) are not envisaged, but can be agreed directly with the Facility, which will be free to agree and apply a surcharge. In no case shall the voucher include travel, transfers, local tourist taxes or extra services, that shall be paid by the Customer directly to the Facility.

Art. 9 Exclusion of liability

The Supplier’s liability shall apply within the limits of the obligations undertaken in these General Terms and Conditions and of the sum paid at the time of the purchase. The Supplier shall not be liable towards Customers, nor towards the end users of the vouchers or persons directly or indirectly connected thereto, for delays, inefficiencies or suspensions of the website. Considering the provisions of Article 5 above on the use of the voucher, the Supplier shall not be held liable for the Facility’s failure to accept the reservation on the date(s) proposed by the Customer. The Supplier, in its capacity as the Intermediary between the Customer and the Facility, shall also not be held liable for any changes and/or cancellations, in whole or in part, of the booking by the Owner of the Facility, nor for any losses or damages caused to the Client and connected thereto. In this case, the Supplier shall not be obliged to refund the price of the voucher. The Customer shall conserve the voucher with the necessary diligence to prevent unauthorised third parties from gaining possession of it and/or using it without the Customer’s consent. The Supplier shall not be liable for the loss, destruction, misappropriation or improper use of the voucher by third parties, nor shall it be obliged to reimburse the price of the voucher in the event of any of the above.

Art.10 Changes to these Terms and Conditions

The Supplier reserves the right to change the content of these Terms and Conditions at any time and without prior notice. The contractual relationship shall be governed by the text of the Terms and Conditions published on the website when the Customer sent the Purchase Order. Updates will be highlighted in the header of the text with the date of the last update.

Art.11 Applicable law and competent court

The contractual relationships covered by these General Conditions shall be subject to Italian law, regardless of the Customer’s place of residence, domicile or nationality. Any dispute that may arise in relation to the validity, effectiveness, interpretation, execution, termination and cancellation of the contracts stipulated online by the Consumer Customer with the Supplier shall be the exclusive jurisdiction of the Court of the place of residence of the Consumer (the so-called consumer’s court). For contracts entered into with a Tour Operator/Professional Customer the Court of Treviso shall have exclusive jurisdiction.

Art.12 Processing of personal data

Pursuant to the regulations in force on the protection of personal data, Law Decree 196/03 and GDPR 2016/679 (European Data Protection Regulation), the parties reciprocally acknowledge that these General Terms and Conditions of Contract mutually provide information on the processing of the data contained herein and of any data that may be provided in the future as part of this contract, as well as of all other information such as addresses and bank account details that may be provided. The Data are collected for the execution of pre-contractual measures, to fulfil the obligations arising from the stipulated contract, for registration procedures relating to the purchase of Services, to follow up on specific requests made to the Controller by the User, to send promotional and commercial information, and offers also through the newsletter service on the basis of the consent freely expressed by the User, for promotional and informative communications concerning the purchased Services or new products following the explicit consent thereto expressed by the User. Customer are required to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies and the associated consent to their processing where required (Cookie Policy). The latter will be processed in relation to contractual requirements and for the fulfilment of legal and contractual obligations, as well as for a more effective management of the business relationship. Data will be processed in writing and/or on paper, magnetic, electronic or telematic support. Without prejudice to the notices and disclosures required by legal and contractual obligations, the data may be disclosed to banking institutions and/or other parties appointed to audit financial statements, to entities appointed to certify quality, to legal advisory firms, as well as to third parties for the provision of IT or filing services. By signing the Order, the Parties mutually consent to the processing and communication of data in accordance with the above information notice and are also reciprocally informed of their rights as set forth in Article 7 of Law Decree 196/03.