Conditions of Membership – Terms and Conditions

GENERAL TERMS AND CONDITIONS

WELCOME TO VIVIEXPERIENCE!

Visitors are invited to read carefully this document that governs the use of the website www.viviexperience.com and the booking of experiences at ViviExperience Partners.

These General Conditions constitute a legally binding contract between the User, Partner or Client and ViviExperience di Gabriella Gianvincenzo, based in Monza, C.F. GNVGRL74S44A345D – P.IVA 13002460965, owner of the Platform. 

By accessing and using the Site, the User accepts these General Conditions in their entirety and without exception.

1) INFORMATION ABOUT VIVIEXPERIENCE AND SERVICES OFFERED

The website www.viviexperience.com offers an online service for the booking of Taste and Stay Experiences, a service aimed at facilitating communication between Partners and Clients, facilitating – respectively – the publication of Experience proposals and the purchase of the same. 

Through the site, Clients can purchase for themselves or give away Taste or Stay Experiences offered by Partners.

ViviExperience facilitates transactions between Users by:

– The publication on the platform of the commercial proposals of the Experiences according to the terms and conditions agreed upon with Partners and, in the case of the purchase of such Experiences by Customers.

– The issuance and transmission to Clients of the relevant unique alphanumeric purchase code that documents the purchase made and enables the Client to take advantage, at the times and in the manner specified therein, of the Experience.

• The transmission to the relevant Partner of the details of the Experience purchased by the Customer.

ViviExperience is only obligated to make the Platform and its functions available to Users, and is not liable in any way for Users’ use of the Platform.

The Partner independently and under its own responsibility determines the characteristics of the Experience offered on the Platform, the prices and conditions of participation.

The Partner is bound by the information contained in the proposal on the site and must guarantee that the service it is going to offer the Client will comply with the given description, without prejudice to the possibility of subsequent changes to the agreement, drafted in writing and accepted by the Client.

The contract is then finalized directly and exclusively between the Partner and the Client from the moment of the reservation validated by ViviExperience. 

ViviExperience cannot be held responsible if the Experiences promoted on the site do not have the characteristics reported in the description, it being understood that it will provide in case of reports to notify the Partners of any lack or non-compliance with what they reported.

Partners are solely responsible, towards Customers, in relation to the sale of the Experiences referred to in the commercial proposals included in the platform, the provision of related services and the management of any dispute arising with the Customer regarding the experience itself.

ViviExperience, with respect to the contractual relationship formed between the Partner and the Customer, is a third party and, as such, extraneous to the same, with this having to exclude its participation, in terms of responsibility.  

Viviexperience, third party with respect to the contract, assumes no responsibility with respect to the Client for the proper execution of the activity and, with respect to the Partner, for the behavior maintained by the Client.

2) USER ACCESS TO THE SITE AND ACCOUNT REGISTRATION

Users who wish to purchase or give away an experience must create an account or, if they already have a User account, log in to their account. Access to the User account is possible through the use of the login credentials provided following registration on the site.

Access to the site is not permitted to minors under the age of 18. By accessing and using the site, the User represents and warrants that he/she is of legal age and has the capacity to act necessary to book offers, thereby accepting the contents of these conditions in full.

A minor User may not use this service except through a parent or guardian.

Users, when registering on the site, must provide detailed and truthful information and undertake to keep it updated in case of changes.

Users are solely responsible for using and maintaining the confidentiality of their login credentials. All accesses to a User account made through the use of login credentials are considered, unless proven otherwise, to have been made by the User to whom the User account refers, as well as changes or operations conducted on the User account in question.

In particular, Users are required to take all security and precautionary measures necessary to protect their login credentials, including their password. Users must promptly take all necessary measures to maintain, or restore, the security of their passwords, in case by immediately providing for their replacement.

Accordingly, the User agrees to promptly notify ViviExperience of the loss or unauthorized use of credentials, as well as to replace them immediately since he/she has knowledge of the loss or theft. The User is responsible for any damage caused to himself/herself, to ViviExperience or to third parties by the knowledge and use of personal identification tools by third parties and due to loss, failure to control or theft of authentication credentials in his/her possession. The password may be changed by the user at any time for security reasons.

In the event that the User uses the platform in violation of these general conditions, the further agreements between the parties, any further notes, legal notices, disclosures or disclaimers published on the platform or, in any case, of the applicable law and/or the principles of good faith and fairness, Viviexperience reserves the right to prevent Users from accessing the platform, to suspend or delete their account and/or to remove or modify the contents of the platform at its discretion. This is without prejudice, in all cases, to the User’s liability for any damage caused. In no way shall Viviexperience be held liable for any harm suffered by Users and/or third parties as a result of such unlawful use of the platform. 

Specifically, Users will have their own restricted area within the platform where, among other things, they will be able to:

• Consult the summary and status of orders placed;
• Consult the details of the orders placed;
• Link and consult their gift certificates
• Access the download of materials related to purchased experiences (where applicable)
• View and edit one’s personal references
• View and edit one’s Wishlist

3) INFORMATION AND PRICE OF EXPERIENCES

Information about the Experiences offered for sale on the platform 

The information and characteristics related to the Experiences are available on the Platform, on the page dedicated to the relevant commercial proposal.

The visual representation of the Experiences offered for sale by Partners on the Platform corresponds to the photographic and/or videographic image provided by the Partner accompanying the proposal.

The images and/or videos of the Experiences are purely indicative and not binding and do not always faithfully represent the Experience offered for sale, but this cannot determine any responsibility on the part of ViviExperience. 

Likewise, the presentation of the Experiences offered for sale by the Partner on the Platform through the publication of the relevant commercial proposal (and in particular the conditions of use and availability of the same), is based on the indications, information and instructions provided by the Partner.

Notwithstanding the foregoing, ViviExperience shall in no way be held responsible for the completeness or content of the information regarding the Partner’s business proposal published on the Platform, nor, in particular, the conformity of what is described in the business proposal with the Experience actually offered.

Prior to the publication of the Partner’s business proposal on the Platform, ViviExperience verifies:

The existence and actual operation of the Partner;

The Partner’s commercial reputation and rating to verify that the Experiences proposed by the Partner are in line with the high level of service that ViviExperience wants to offer Clients through the Platform.

Price and billing of the Experiences referred to in the Commercial Proposals:

The prices indicated are those in effect at the time of purchase and include VAT (where applicable). These prices, moreover, unless otherwise indicated in the relevant Commercial Proposal, are inclusive of additional taxes and fees, except those payable exclusively at the time of the enjoyment of the Experience such as, but not limited to:

• Tourist tax;
• Parking fees;
• The costs for administrative and health formalities;
• Membership fees;
• Tips;
• Any delivery charges;
• Anything not expressly stated in the relevant business proposal.
•  

All prices of the Experiences offered in the electronic catalogs within the platform are given in euros and may be subject to revision at any time. 

4) THE PURCHASE OF THE EXPERIENCES

The Customer, once he/she enters the detail page of a commercial proposal, shall click on the “Add to Cart” button to start the procedure of purchasing the Experience referred to in the commercial proposal and, after payment of the same, the Customer will receive an e-mail summarizing the order.

Within the next 48 hours he will receive, again by email, the unique booking code, through which he can, following the instructions on the experience and summarized on the email, proceed to the actual booking of the same.

The purchase and sale contract between the Client and ViviExperience will be considered concluded only following the successful completion of the payment made by the Client. Otherwise, no summary e-mail will be sent to the Customer and, in any case, no reservation code will be issued and transmitted to the Customer. 

The Client, subsequently, during the period of validity of the unique reservation code, will contact ViviExperience, on a date at his/her convenience, for the purpose of proceeding with the reservation.

Viviexperience will contact the Partner, for the purpose of agreeing with it the date on which the Customer can carry out the Experience.

It is understood that, in order to take advantage of the Experience, the Client will be required to comply with all instructions and/or limitations stated in the business proposal.

The Partner shall respond by agreeing to the requested date or by proposing alternative dates, until the date on which the activity is to take place is agreed upon. 

Once the date on which the Experience is to be held has been agreed upon, the Partner must send the Client a written communication via e-mail containing confirmation of the reservation made. 

With the acceptance of the reservation, the contract between Partner and Client will be concluded.

It is important that the Client retains the unique code provided by ViviExperience, brings it on the day the activity is conducted as proof of payment, and communicates the booking code itself to the Partner before the activity begins. Failure to show the confirmation of the unique code will result in the exclusion of the Beneficiary from the performance of the activity and will not entitle the Beneficiary to any refund.

Any cancellation or change to an already confirmed reservation must always be made via e-mail and in full compliance with the conditions and limitations set forth in the business proposal. 

All communication between the Partner and the Client must be in writing.

It is understood that the date set for the performance of the Experience must be within the validity period of the purchase code.

5) GIFT VOUCHER PURCHASE 

Vouchers may be given and/or gifted to anyone for use. The latter will enjoy the same rights and status as the Customer.

The Gift Voucher is an authorization title, non-interest bearing, issued by ViviExperience, through the Platform, which documents the purchase made by the Customer and allows redeeming the credit in order to book the experience.

Vouchers can be used within 12 months of purchase. After this period, the Vouchers expire and ViviExperience may retain the remaining amounts, without the Customer’s right to any refund or return. The consideration is collected by ViviExperience on its own behalf.

The Customer may purchase a Gift Voucher from the appropriate section of the site within the business proposal page, choosing:

• A graphic offered by the site or upload a different one
• Date the Voucher was emailed
• Recipient’s name and email
• Sender’s name
• Message with dedication

As soon as the payment is made, the Customer receives an email notification containing the confirmation of the purchase of the Gift Voucher. By checking the appropriate box, he/she can receive email contextual to the sending of the Gift Voucher to the recipient.

The Beneficiary will receive an email with the Voucher that contains the link to the chosen experience, the value of the Gift Voucher, and a unique code with which they can redeem the credit by entering it on the payment page while booking the experience or use it to choose another experience on the site. 

Gift Vouchers are spendable in one or more solutions. In the case of multiple purchases, Gift Vouchers are expendable until the value contained is fully used up. With each purchase, the relevant value will be deducted from the amount credited to the Gift Voucher. Should the remaining credit on the Gift Voucher be insufficient to purchase the desired activity, the missing amount can be paid using the other accepted payment methods.

Once the order has been placed and the Voucher redeemed, the beneficiary will follow the standard booking procedure, contacting ViviExperience to determine the actual booking date.

Viviexperience will then contact the Partner in order to agree with the Partner on the date on which the Client will be able to perform the Experience.

The Partner will have to respond by accepting the requested date or by proposing alternative dates, until the date on which the activity can take place is agreed upon. 

With the acceptance of the reservation, the contract between Partner and Client will be concluded.

It is important that the Grantee retains the unique code provided by ViviExperience, brings it on the day the activity is conducted as proof of payment, and communicates the booking code itself to the Partner before the activity begins. Failure to show the confirmation of the unique code will result in the exclusion of the Beneficiary from the performance of the activity and will not entitle the Beneficiary to any refund.

The Grantee may request the Partner to change the date or time agreed upon for the conduct of the activity by sending an email to the Partner organizing the activity to the contacts it received in the Voucher, within the time limits set forth in the Cancellation Policies applied to the activity in question by the Partner. 

Failure to meet these deadlines or to show up at the agreed upon day and time for the activity will result in the loss of the right to conduct the activity and will not entitle you to a refund.

Substitution of Experience by Gift Voucher.

The Gift Voucher can be used on any proposal on ViviExperience, including the purchase of a Gift Voucher. The code on the Voucher can be entered at checkout and reused freely.

Once the experience has been redeemed, it will no longer be possible to replace the value of the Voucher or request its replacement. Redeeming the Voucher results in a unique code that cannot be replaced.

The Pdf with the Unique Code contains the following information:

• Title of the business proposal
• Description of the business proposal
• Partner’s name and contact information
• Subject of the Experience
• Type and number of participants
• Date of purchase of the Gift Voucher
• Expiration date of the Gift Voucher
• Usage code (unique alphanumeric) that the Participant must communicate or present to the Partner to take advantage of the Experience

6) GIFT BOX PURCHASE

The Client may also choose to have the Unique Code sent, instead of by mail, in an elegant gift box, with parchment paper on petals.

In this case it will be enough to select, when choosing the experience options the type “gift box” which will automatically calculate the cost of the same for each experience.

7) PURCHASE GIFT VOUCHER or GIFT CARD. 

The ViviExperience Gift Voucher can be purchased by choosing from the available denominations or by indicating any amount worth not less than € 50.00.

You can choose date of sending the voucher, recipient’s name and email address, sender’s name and message with dedication.

As soon as the payment is made, the Customer receives an email notification containing the confirmation of the purchase of the Gift Voucher. By checking the appropriate box, he/she can receive contextual email when the Gift Voucher is sent to the recipient.

The Recipient will receive an email with the Gift Voucher containing the link to the chosen experience, the value of the Gift Voucher and a unique code with which they can redeem the credit by entering it on the payment page while booking the experience or use it to choose another experience on the site.

Gift Vouchers are expendable in one or more solutions. In the case of multiple purchases, Gift Vouchers are expendable until the value contained therein is fully depleted. With each purchase, the relevant value will be deducted from the amount credited to the Gift Voucher. Should the remaining credit on the Gift Voucher be insufficient to purchase the desired activity, the missing amount can be paid using the other accepted payment methods.

Once the order has been placed and the Gift Voucher redeemed, the recipient will follow the standard booking procedure, contacting ViviExperience to determine the actual booking date. The Gift Voucher is redeemable within one year from the date of purchase. The holder of the Gift Voucher may spend it to purchase any Experience referred to in the business proposals posted on the Platform, but may not use such Gift Voucher to purchase any other Gift Voucher.

The Gift Certificate once expired is to be considered lost and cannot under any circumstances be used, recovered or renewed. Its value will be retained by ViviExperience as a penalty, without the Customer or holder being able to claim its refund, reactivation or even partial compensation under any other form of benefit.

The Gift Voucher is a bearer security, usable by anyone who comes into possession of it or by anyone who comes to know only the unique code written inside it. It will be the Customer’s responsibility to give it only to the person to whom he intends to give it or to keep its unique code secret.

8) METHOD OF PAYMENT

CUSTOMERS

Customers will proceed to pay for the Experiences in favor of ViviExperience through the platform, using the payment method by credit card or Paypal and following the instructions to complete the transaction.
To pay for his Experiences, the Customer may use, even in part, a virtual economic value represented by way of example and not limited to gift vouchers, provided that they are still valid, available and usable by the Customer at the time of payment.
The Customer will be able to consult the history of his orders by connecting to his reserved area and will be required to notify ViviExperience of any anomaly, submitting a specific complaint, as soon as he becomes aware of it, in such a way as to allow ViviExperience to carry out the appropriate checks.
It is understood that the invoicing of the Experiences referred to in the commercial proposals purchased by the Customers through the platform and represented by the Voucher / Purchase Confirmation will be an exclusive activity of ViviExperience which will issue the tax documents in favor of the User for the amount to be the latter paid.

PARTNER

Payment for services to Partners will take place upon confirmation of the booking. Once the customer’s booking has been accepted, the Partner will issue an advance service invoice to ViviExperience who will pay the balance via immediate bank transfer. In case of non-use, within the terms of possibility of canceling the experience, the invoiced sums will be retained as a deposit until the booking is further defined; in case of failure to use the experience beyond the cancellation deadlines, the sums will be withheld by the Partner permanently.

9) CANCELLATIONS

Cancellation of a confirmed reservation by the Customer

Pursuant to Art. 59 letter n) of Legislative Decree, 06/09/2005 No. 206 as amended and supplemented, the User’s right to withdraw from the contract concerning the purchase of the Experience is excluded, since these are services concerning leisure activities that will be executed on a specific date or period. In any case, it is understood that the withdrawal relates to the contract concluded directly between Client and Partner, ViviExperience excluded, and therefore any matter related to the cancellation of the Experience will follow the rules imposed by the Partner itself and viewable at the time of booking.

Partners may grant the Client the option to cancel a reservation by observing a minimum notice period. Clients are encouraged to carefully review the rules for participation in Experiences, including the cancellation rules. The applicable cancellation or no-show rules may be specified by each Partner on the Experience information page and, if applicable, will be confirmed in the booking email. To proceed with the cancellation of a confirmed reservation, the User must send an email requesting the cancellation of the reservation to [email protected]. The date and time the email was sent will be the date and time of the email.

A cancellation request received from the Client by the deadline highlighted on the Experience information page entitles the Client to reschedule, within the timeframe set forth, the Experience. The absence, not communicated in advance within the deadlines defined on the Experience information page, of a Client on the day and time agreed upon for the Experience is to be considered a last-minute cancellation, excluding the right to reschedule or refund. 

Cancellation of a confirmed reservation by the Partner.

The Partner is obligated to fulfill all reservations received and confirmed, without exception.

If the Partner, in exceptional circumstances, is in the condition of not being able to fulfill the commitments made with the Client on the established date and is therefore obliged to cancel or postpone the Experience, it shall promptly and in writing inform both the Client and ViviExperience at least 15 days in advance of the day of the Experience (24h from the experience in case of particularly bad weather conditions or making it impossible to carry out the experience), proposing to the Client an alternative date in line with the previous one. 

 The Client may accept the new proposal, in which case the reservation will be considered confirmed and will take place regularly on the agreed date. Failure of the Client to accept will result in the cancellation of the reservation and a refund of the amount already paid.

10) USERS’ RESPONSIBILITIES

With respect to the booking and conduct of activities, Clients acknowledge that:

– They should inform the Partner without delay in case it is impossible to participate in the Experience and in any case no later than the time specified in the rules of participation;

– Participants will be allowed to perform the activity only if they are in possession of the conditions required for its exercise (e.g. certificates proving the possession of a proper physical condition, a certain level of skill, as well as additional certificates, patents or licenses, required by law); otherwise the Partner has the right to refuse the Participants’ participation in the activity without resulting in a right to a refund of the price paid to the Client;

– They must show up on time on the day and at the time set by the Partner. A maximum delay of half an hour will be tolerated. In case of being more than 30 minutes late, it will not be possible to participate in the Experience;

– The Clients shall, with particular reference to the Activity, abide by the rules and instructions dictated in order to allow the Activity to be carried out in optimal safety conditions; otherwise, the Partner shall have the right to discontinue the Activity without resulting in a right to a refund of the price paid to the Client;

 – They must have a respectful, polite and courteous attitude towards the Partner and all participants in the Experience.

• They must have an attitude in accordance with public order and morality.

– In case of non-compliance with the listed conditions, the User may be excluded from participation in the Experience without being able to make any claims whatsoever against the Partner, let alone be entitled to a refund or compensation.

11) INTELLECTUAL PROPERTY ON CONTENT

Content means all data, images, software, trademarks, expressions, text, domain names, designs, created by ViviExperince or licensed to it by a third party and that ViviExperience makes available through the Site. Users may only make use of content belonging to the Manager within the scope of their use of the Site. Under no circumstances may such content be modified, distributed, transmitted, published, marketed, licensed, copied, or reused for other purposes without the express permission of ViviExperience. Any unauthorized use shall be considered a serious violation of laws protecting copyright and intellectual property rights and will be prosecuted to the fullest extent of the law.

12) CHANGES TO THE SITE AND/OR SERVICE

Users acknowledge and agree that the Company may freely update, or change, its Site and/or Service at any time and at its sole discretion.

Any changes made to the Site and/or Service are subject to the sole discretion of ViviExperience.

ViviExperience reserves the right to make changes to this agreement at any time for regulatory, technical or commercial reasons. Changes may become effective with immediate effect if Viviexperience deems it necessary and justified by reasons of particular urgency. ViviExperience may warn the User by e-mail with respect to changes in the General Terms and Conditions and even ask Users to view and accept these changes while logging into their account. Any changes to the fees will have no impact on bookings already made and will apply only to new bookings.

13) REVIEWS

Following the use of the Experience, ViviExperience may ask Customers who have purchased the Experiences referred to in the commercial proposal to leave a review on some aspects of these goods and/or services and/or on the behaviour of the Partner. The review will be verified and moderated by ViviExperience which reserves the right to publish it on the platform at its sole discretion and in accordance with the law. It is understood that ViviExperience has no obligation to verify the correctness of the reviews nor can such reviews result in a liability for the latter.

14) PROTECTION OF PERSONAL DATA

With regard to the respect of rights and obligations regarding the use and protection of personal data, Users are invited to consult the Privacy Policy accessible online on the site. The Privacy Policy is an integral part of these Terms and Conditions.

15) APPLICABLE LAW AND COMPETENT COURT

This Agreement is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of Milan has exclusive jurisdiction. If the User is qualified as a consumer, the competent court to decide any disputes will be that of his residence.