Conditions générales d’utilisation

Introduction


The www.italy4golf.it website, owned by Italy 4 Golf S.r.l., Largo Cattaneo – 25038 Rovato (Brescia) – Italy; hereinafter referred to as « Site » or « Portal », provides users with an online platform intended for the promotion of golfing facilities and all the tourist/cultural facilities that could be of interest to users.

The service described above is accessible via a link to the www.italy4golf.com website or other portal partner websites and through any other website through which the site makes this service available, including the application for mobile devices.

These General Terms of Use (hereinafter referred to as “Terms”) regulate the access and use of the italy4golf.com website that Italy 4 Golf S.r.l. has created in order to support and make the golfing experience throughout Italy more interesting.
The Privacy Policy, available on the www.italy4golf.com website, is to be considered expressly incorporated into the General Terms of Use.

Access to and/or use of the website is entirely voluntary and gives the user, whether registered or not, the responsibility to comply and be contractually and legally bound by both these Terms and the Privacy Policy.

By using the website, the user unreservedly accepts these Terms; therefore, it shall be his/her duty to read them carefully before accessing the website and his/her use of it shall be his/her exclusive responsibility. Without full adherence to these terms, the user has no right to consult, use or benefit from the services provided by the website.
The use and interaction with the functionalities of the website constitute proof of acceptance of these terms, which are easily accessible and can be consulted on the home page.

The website reserves the right to change the contents of the General Terms of Use without prior notice. Users are therefore advised to read these terms each time they access and use the website. The user can, at any time, access, print, download and save the Terms. These terms are constantly accessible on the www.italy4golf.com website.

The user must make diligent use of the services on the site, in accordance with the law and these Terms, as well as maintaining respect for other users.
It is forbidden to use this site for purposes other than the original one.


Definitions


USER
: the traveller/golfer using the site and the affiliated user, as well as those who use and/or consult the portal.
EXPERIENCES: Italy Golf Srl selects and certifies tourism offers from Italian tour operators. Only the proposed offers that meet the high quality and excellence criteria of the services offered are called “I4G Experiences”.
TRAVELLER/GOLFER: a user looking for solutions and offers for golf and tourism within Italy. AFFILIATE: PROFESSIONAL users who, through the payment of a periodic subscription, advertise their facilities.
SITE or PORTAL: the terms used in these Terms which concerns the www.italy4golf.com website.
TERMS: this term includes the General Terms of Use and the Privacy Policy. AFFILIATION: registration of a facility and creation of the consequent presentation of information (landing page).
LANDING PAGE: represents the detailed description of the affiliated facilities.
The facilities may be:
– Golf Courses – Points of Interest (PoI) The detailed data sheet contains descriptive information, addresses, maps, photo galleries and virtual tours of the facilities (paid optional solutions).
PoI: are all the tourism and hospitality facilities in the area that could be of interest to the user. Divided into categories, they are represented by distance from the individual Golf Courses. PARTNER SITES: sites with which Italy 4 Golf S.r.l. has entered into a partnership agreement.



1. Services Offered to Users and Affiliates



1.1 For users, the site offers the possibility to find, consult and obtain information about Italian golfing facilities affiliated to the portal, as well as the possibility of combining the sporting experience with that of a tourist/cultural nature, reserved, selected and certified by I4G, and which can be visited in the “Experiences” section. Each package is evaluated bearing the following selection criteria in mind:

  1. The holiday as a complement and/or extension of the golfing experience, which remains the central theme;
  2. The holiday experience as an interaction between the user/golfer/tourist and the region (intended in the artistic, food and wine speciality and cultural sense) and not only as a visit to the area;
  3. The holiday organised and managed by professionals selected for their standards, professionalism and reliability.

I4G is neither an organiser nor a seller of the aforementioned packages (pursuant to the Italian tourism code as amended by Legislative Decree No. 62 dated 21/05/2018), and therefore, is not responsible for the management and provision of the tourist services specified in the packages.



1.2
The Site allows affiliates to advertise their facilities.
The site represents a point of contact between golfing affiliates and travellers, with the aim of facilitating the knowledge of golf and tourist facilities. The contact forms supplied alongside the details of the facilities send the user’s request directly to the addressee. As Italy 4 Golf S.r.l. is not part of any contract or other agreement between the traveller and affiliate, the site does not mediate in cases of disputes between the parties.


1.3
For the affiliated structures on the Site, the following services are available:

  • Creation of a detailed information page for the facility.
  • Support for the creation of a virtual tour of the facility for a strategic and emotive representation of the same.
  • A web platform where it is possible to manage your information page with updated images and descriptions.
  • Direct sending of all requests from golfing travellers made through a specific contact form to a registered e-mail address.
  • Statistics based on travellers’ requests.
  • Information and promotional communications from Italy 4 Golf S.r.l. via e-mail or text message regarding this sector as well as other sectors of possible interest.


1.4
For travellers who access the site, the following services are available:

  • The possibility to search for a golf facility by consulting the database of all Italian golf courses.
  • The verification of the features of the facilities as per information reported on the details pages.
  • The possibility of verifying the existence of tourist, food and wine and hospitality facilities in the immediate vicinity of the golf course.
  • Ability to communicate with affiliates who advertise their facilities on the site by e-mail through contact forms.
  • Information and promotional communications from Italy 4 Golf S.r.l. via e-mail or via text message regarding this sector as well as other sectors of possible interest.

 


2. Affiliation to the Portal



2.1
It is possible to be featured on the portal through the payment of an annual fee.


2.2
The payment of the fee enables the activation of a user area that allows entering details, text and photographic information on the facilities.


2.3
The data entered must be verified by the user and must represent the truth. Italy 4 Golf S.r.l. cannot be held liable for the publication of data and/or images that do not correspond to reality or that violate copyright laws.


2.4
The affiliate undertakes to access the data of the interested party only for legitimate and explicit purposes, in accordance with what is established by these Terms. The affiliate declares that the use of Italy 4 Golf S.r.l. services, as well as the uploading of content, logos, photos or any material posted on the Site, are not connected to illegal activities and do not damage the image of Italy 4 Golf S.r.l. or third parties.


2.5
By entering his/her data in the Portal, the affiliate gives his/her consent to the publication of his/her name, photos and all the information entered on the Site. The data entered through the registration procedure may be used by Italy 4 Golf S.r.l. in compliance with the Privacy Policy, which the user declares to have read carefully and given his/her consent in accordance with the law.


2.6
The affiliation is personal, registered in the name of a natural or legal person, and can only be used by the member subscribed.


2.7
All information provided by the affiliate through registration and during use of the service must be truthful and accurate. For the purposes of this policy, the user must guarantee the authenticity and truthfulness of all the data entered during the completion of the forms necessary for registration and subscription of the Italy 4 Golf S.r.l. services. Likewise, it is the affiliate’s responsibility to ensure his/her contact information is accurate and updated. In any case, the affiliate shall be solely responsible for all information entered that is not authentic and which affects Italy 4 Golf S.r.l. or third parties.


 

3. Additional and Paid Services


3.1 Italy 4 Golf S.r.l makes available to affiliates and can occasionally add or remove additional services and/or extra services for a fee.


3.2 Some types of affiliation include translation services. For those that do not, the site provides the multilingual service that the advertiser may use for free, recognising and accepting that this is a static machine translation system that is liable to make mistakes.


3.3 Through the support of its partners, Italy 4 Golf S.r.l provides high definition photographic services and the creation of virtual tours.
The affiliate may request support and a quote for these services upon affiliation.


 

4. Activation, duration and termination of the paid service



4.1
Regarding the paid services offered to Affiliates by the portal, these Terms shall come into force once the affiliate has accepted the present Terms and Italy 4 Golf S.r.l. has received the sum paid by the user for the service.


4.2
.The duration of the service corresponds to what was chosen by the affiliate during the negotiation phase. The period of activity of the service is ongoing. The possibility of suspending and reactivating the paid service is not provided for, since the duration of the contract is calculated from the date of its entry into force, regardless of whether or not the service is used.


4.3
The termination of the contract takes place automatically as established by these Terms. No communication shall be required from the affiliate for the purpose of conclusion of the contract, except for the possibility of early termination of the contract that the affiliate must communicate to Italy 4 Golf S.r.l. In the latter case, the user shall not be entitled to any refund for the interruption of the service.


4.4
In the event of non-payment of the renewal, the portal shall proceed to the disabling of the presentation form, which shall, however, remain available for future reactivation.



5. Actions by the affiliate that are not permitted



The following conduct on the part of the affiliate is not permitted:

  1. Entering untruthful and/or non-authentic information both when filling in the forms necessary to subscribe to the service, and in the details of the properties advertised and the billing information. Similarly, the affiliate is responsible for the ongoing updating of the information entered in the Portal. In any case, the affiliate shall be solely responsible for any information provided should it found to be false or inaccurate and for the damages that this information may cause to Italy 4 Golf S.r.l or its users.
  2. Entering, advertising, offering or distributing products, services or content protected by law such as copyright, trademarks, utility models or aesthetic designs without having the right to them or promoting actions against free competition, including those aimed at gaining customers (such as network systems).
  3. Using software or scripts in connection with the use of this website.
  4. Blocking, overwriting, modifying or copying, except when necessary for the correct use of web services. For example, the use of search technologies such as ‘Robots/Crawlers’ is not necessary for the correct use of the website services, and is therefore expressly prohibited.
  5. Reproducing public or other user content on the Site, without prior authorisation.
  6. Requiring travellers to send cash by post, using immediate money transfer services such as Western Union or MoneyGram, for the total or partial payment of services offered. Violation of this condition or the use of other unacceptable payment methods that may be occasionally published on the Site may result in immediate removal of the non-compliant listing from the Site, without the need for prior notification to the affiliate, nor reimbursement.
  7. All those actions that might damage the operation or infrastructure of Italy 4 Golf S.r.l.
  8. Imposing different terms or terms based on ethnicity, skin colour, geographical origin, religion, sexual orientation, gender identity or marital status.
  9. Rejecting a guest based on ethnicity, skin colour, geographical origin, religion, sexual orientation, gender identity or marital status.
  10. Publishing offers or making statements that discourage or indicate a preference for or against a guest based on skin colour, ethnicity, geographical origin, religion, sexual orientation, gender identity or marital status.
    Affiliates who violate the aforementioned terms shall be immediately expelled from the portal.

The affiliate is aware and voluntarily accepts to be solely responsible for the use of the service and for any damage it may cause to the Site.



6. Exemption from Guarantees and Liability

 

6.1 EXCEPT FOR THE CASES EXPRESSLY INDICATED IN THE THESE TERMS, Italy 4 Golf S.r.l. MAY NOT BE HELD LIABLE FOR ANY KIND OF DAMAGE DERIVED FROM THE LACK OF ACCURACY, COMPLETENESS AND UPDATING OF INFORMATION GIVEN BY AFFILIATES, NOR OF ANY ERRORS OR OMISSIONS REGARDING CONTENT ENTERED BY THEM. Italy 4 Golf S.r.l. DOES NOT HAVE ANY OBLIGATION TO VERIFY OR MONITOR THE CONTENT AND INFORMATION INCLUDED BY USERS. Italy 4 Golf S.r.l. ACCEPTS NO LIABILITY FOR THE CONTENT, DATA AND/OR INFORMATION PROVIDED BY AFFILIATES ON THIS SITE, NOR FOR THE CONTENT OF EXTERNAL LINKS FROM THESE PARTIES. IN PARTICULAR, Italy 4 Golf S.r.l. DOES NOT GUARANTEE THAT THIS CONTENT IS CORRECT. THE AFFILIATE IS SOLELY AND ULTIMATELY LIABLE FOR THE TOURIST PRODUCTS AND/OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE USER? AND THE DATA ENTERED. Italy 4 Golf S.r.l. RESERVES THE RIGHT TO DELETE ANY MISLEADING CONTENT OR CONTENT THAT IT CONSIDERS TO BE UNTRUTHFUL AT ANY TIME AND WITHOUT PRIOR NOTICE.


6.2 Italy 4 Golf S.r.l. undertakes to keep its Site available at all times. However, it cannot guarantee the continuity of the service which could be interrupted due to technical reasons (short anomalies or delays in temporary services for reasons such as maintenance, security, updating in order to modernise or improve the service), due to problems that are beyond the control of Italy 4 Golf S.r.l. (for example, telecommunications network problems, power outages, etc.), due to problems deriving from negligent or harmful conduct by the user or due to force majeure. The concept of force majeure includes, for the purposes of this contract, all events that occur that are beyond the control of Italy 4 Golf S.r.l., such as bankruptcy of third parties, operators or service companies, government actions, lack of access to third party networks, actions or omissions by public authorities, problems arising from natural phenomena, blackouts, etc. therefore, Italy 4 Golf S.r.l. accepts no liability, to the maximum extent permitted by law, for any type of damage that may result from the lack of availability or continuity of the website and related services. Should any interruption of the service cause the deletion of content or reservations or be due to errors that occur on users accessing their own account or while browsing the Site, Italy 4 Golf S.r.l. shall not in any way be held liable. Any responsibility on the part of the Site to the advertiser is limited to a maximum amount corresponding to the total amount received by Italy 4 Golf S.r.l. directly from the affiliate in question, during the period in which the services provided by the contract have not been correctly rendered.


6.3
Italy 4 Golf S.r.l. may modify the design, presentation and/or configuration of this website, some or all of its services and may also add new ones without prior notice and at any time.


6.4 Italy 4 Golf S.r.l. shall not be liable for cases of unfair competition and illicit advertising deriving from services rendered by third parties through the website, for lack of accuracy, completeness, relevance, fault and/or updating of the content submitted, received, obtained, stored, made available or accessible through the services provided by third parties via this website.


6.5 Italy 4 Golf S.r.l. shall not be held liable in any way for the services rendered, nor for the results obtained from third party sites and/or partner sites.


6.6 Italy 4 Golf S.r.l., the parent company, subsidiaries, associates, managers, directors and/or employees shall in no case be liable for all types of damages that could derive from services provided by third parties through this website, from the loss of profits or indirect, consequential, special, accessory or punitive damages deriving, based or resulting from the website, these Terms, the use of the Site by the user and/or any transaction between users, even in the case in which Italy 4 Golf S.r.l. has been advised of the possibility of such damages.


6.7 These restrictions and exclusions apply regardless of the cause of the damages, whether due to contractual non-compliance, breach of warranty, objective liability, tort, fault or any other legal basis, to the maximum extent in which such exclusions and restrictions are prohibited by the law in force.


6.8 If the user is neither satisfied with the Site nor wishes to fully accept the clauses of these Terms, termination of use of the Site shall be the sole and exclusive remedy in respect of Italy 4 Golf S.r.l.

 

N.B.: THESE TERMS AS WELL AS THE PRECEDING LIMITATION OF LIABILITY CLAUSE DOES NOT AFFECT THE APPLICATION OF THE MANDATORY REQUIREMENTS AND THE EXERCISING OF RIGHTS THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER THE APPLICABLE NATIONAL LAWS (INCLUDING THE RIGHTS SET OUT IN THE APPLICABLE NATIONAL LAWS (INCLUDING THE RIGHTS ENVISAGED BY THE IMPLEMENTING LAWS OF DIRECTIVE 90/314/EEC, AND SUBSEQUENT AMENDMENTS, RELATED TO PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS). IF YOU DECIDE TO PURCHASE TRAVEL PACKAGES ON THIS WEBSITE, OTHER SALES TERMS SHALL ALSO APPLY.



7. Applicable Law and Jurisdiction


7.1 THESE TERMS OF USE FORM AN INTEGRAL PART OF THE AGREEMENT BETWEEN Italy 4 Golf S.r.l. AND THE USER AND CANCEL ANY PREVIOUS VERBAL OR WRITTEN EXCHANGE BETWEEN THE SITE AND THE USER.


7.2 THESE TERMS, AS WITHALL OTHER TERMS OF THE WEBSITE, ARE IN ACCORDANCE WITH THE RELEVANT ITALIAN LEGISLATION AND ARE APPLIED IN ACCORDANCE TO ITS VALIDITY, INTERPRETATION AND EXECUTION.


7.3 IN THE EVENT THAT IT PROVES IMPOSSIBILE TO RESOLVE THE DISPUTE ACCORDING TO THE INDICATIONS SPECIFIED IN THESE TERMS, Italy 4 Golf S.r.l. AND THE USER ACCEPT THAT THEY ARE SUBJECT TO THE JURISDICTION OF THE COURTS OF BRESCIA, TO WHICH THE PARTIES ARE BOUND, EXPRESSLY WAIVING ANY OTHER JURISDICTION, UNLESS THE ITALIAN LEGISLATION ESTABLISHES OTHERWISE.



8. Assignment of prohibition and change of circumstances



8.1
Neither this contract nor the rights arising from it may be resold by the affiliate. Any transfer of resale or transfer of this contract or its rights by the affiliate is considered null and void by Italy 4 Golf S.r.l. and constitutes a cause for termination of the contract.

8.2 The parties shall inform each other about changes in circumstances that may affect this contract.


Contacts
Italy 4 Golf S.r.l.
For clarifications or queries about these Terms, please write to: support@Italy4Golf.com


Company information

Italy 4 Golf S.r.l.
Largo Cattaneo, 9
25038 – Rovato (Brescia, Italy)
V.A.T. No. /Tax Code: 04014260980