The "Users" who use the services offered by this web "Platform" declare to know and accept the present Terms and Conditions.
"Owner" of this Web Platform is Zestrip S.r.l., located in via Andrea Solari 2/A to Milan (MI), email address: firstname.lastname@example.org, PEC: email@example.com.
About Zestrip, Scope of Contract
Zestrip.it is a web Platform for the promotion and sale of experiential tourist activities. Zestrip.it allows "Tourists" to buy "Activities" directly from the "Locals", experts or passionate people about their field, with a strong link with the local culture and territory.
To be able to sell their Activities on Zestrip.it, the Locals must access the Platform with their credentials, create an offer of Activities, and wait for the approval of the Owner.
In order to purchase the Activities of the Locals, Tourists must access to the Platform with their credentials, choose and book an Activity, and wait for the confirmation of the related Local.
Withdrawal and cancellation of Account
Registered Users can delete their account and stop using the Platform Zestrip.it at any time, through the interface of Zestrip.it or by contacting the Owner.
The Owner, in case of violation of these Terms, has the right to suspend or terminate the accounts of any User, at any time and without notice.
Content provided by Members of the Platform
Users are solely responsible for the content, theirs and of any third party, they share on this Platform in any way. Users relieve the Owner from any liability in connection with the illicit spread of third-party contents, or with the use of this Platform in a manner contrary to the law.
The Owner does not control or edit the contents published and posted by the Users, including that sent via messaging or by other communication forums. The Owner reserves the right to cancel, at its sole discretion, without notice, messages of Users and / or contents published and posted on the Platform. The Owner reserves the right to intervene in case of reports of Users or orders issued by public authorities in relation to content considered offensive, illegal or contrary to the law.
Sale of Activities
Locals can publish on the Platform, upon the approval of the Owner, their activities in the number they prefer and at no cost. To this end, they must provide all the information requested in the section of the Platform specifically created for the publication of activities (for example: itineraries, description, price, duration, days of availability and prior notice, venue).
Locals are directly and solely responsible for the veracity and accuracy of the information provided when publishing activities. The necessary prior approval of the Owner is aimed at mere verification of compliance to the corporate mission of Zestrip.it, indicated in the related section of the site.
Locals are not allowed to publish on this Platform: surnames, personal contacts of any kind, Trademarks and brands related to commercial activities of any kind, even and especially if relevant to the activities advertised on Zestrip.it.
By adhering to these Terms, the Locals declare to respect all the legal requirements related to the performance of each of the activities they publish on the Platform Zestrip.it (for example: administrative, tax, labor and social security). In particular, they declare to be in possession of licenses, permits, authorizations, and any other act or measure needed to carry out each of the activities published on the Platform Zestrip.it. Locals are solely responsible for any consequences that may arise from the violation of such regulations.
The Owner provides a service to the Locals, and is not responsible for the content of the activities, their conduct, or violation of the relevant sector regulation.
Role of Zestrip
Zestrip does not interfere in any way, nor check the execution of the activities offered by the Locals. Locals accept the task of defining in advance the methods of implementation of the Activities, through the description of the Activities and, if necessary, through direct contact with tourists through the internal messaging system of the Platform.
Given the opportunity to use the Platform and take advantage of the services related to it, the Locals recognize Zestrip a percentage of the total payment received by every tourist in relation to the activities advertised on the Platform.
Towards the Locals, the Owner operates as “mandatario con rappresentanza” (mandate with representation), not assuming the role of agent or broker.
Purchase of Activities
Tourists can book and buy the Activities advertised on the Platform (eg. Vintage shopping tour, street art tour, horseback riding tour, dinner at the home of a Local etc.) by making explicit booking inquiry to the individual suppliers of the Activities, the Locals.
Upon the booking inquiry, the Tourist provides the payment data (eg. Number of credit card or Paypal account login) and authorizes the payment. If the verification of the financial means has a positive outcome, the booking request is forwarded to the Local, although Zestrip does not proceed to charge any amount until the final confirmation of availability by the Local.
At the time of the final confirmation of availability by the Local, the amount previously authorized is automatically charged to the Tourist, and the booking is considered completed. The Tourist will receive the confirmation of the reservation at the email address provided during registration.
If the Local does not confirm the booking inquiry within 48 hours from the request, the inquiry shall be considered rejected for all purposes, and no cost will be charged to the Tourist.
The Owner withholds the amount paid by the Tourist as a security deposit until 48 hours after the performance of the Activity. At that time, the amount is transferred to the Local as price of the Activity, unless otherwise specified by the present Terms and Conditions.
Given the opportunity to use the online platform and marketplace the Tourists recognize Zestrip a Service Fee, included in the total price.
Tourists wishing to cancel a confirmed reservation must send an email to firstname.lastname@example.org, and wait for the response by the Owner. If the Tourist does not receive the previous message of confirmed cancellation, he/she will have to contact the Owner by phone.
The following conditions apply to all activities posted on Zestrip.it and approved by the Owner.
- Cancellation request from 0 to 48 hours prior to the activity: no refund.
- Cancellation request within 48 hours and 7 days prior to the activity: 50% refund
- Cancellation request more than 7 days prior to the activity: 100% refund
- In case of a booking including entrance tickets, the price of such tickets will not be refundable in case they have already been purchased at the time of the cancellation request
Activities dependent on the weather
Where explicitly specified in the description, the performance of some activity is subject to certain weather conditions. In the event of weather conditions that prevent the carrying out of the booked Activity, the Local proposes an alternative date for the activity to the Tourist, or a variation of contents. The Tourist, therefore, can choose whether to accept the alternative proposal, or receive a 100% refund on the price of the Activity.
Liability and indemnity
The Owner does not assume the role of Agent or Broker, nor can it be recognized responsible for the fulfillment of the obligations taken by the Users using the Platform. Zestrip does not take part in the economic and contractual relationship that exists between the Locals and the Tourists.
Users agree to indemnify the Owner (as well as any Zestrip subsidiaries or affiliates, representatives, directors, agents, licensors, partners, and employees) from any obligation or liability, including any legal costs incurred to defend themselves in court, which may arise in relation to the activities advertised on Zestrip.it, against damage caused to other users or third parties, or as a result of the violation of the law or the terms of these Terms and Conditions.
Tourists are exclusively responsible for maintaining appropriate behavior during any activity. Zestrip takes no obligation (for example: payments of compensation or incurring any cost or expense) for the eventuality of a Local deciding to terminate the activity because of the inappropriate behavior of Tourists.
Tourists and Locals are solely responsible for any damage to persons or things they may cause. Users shall reimburse the full cost of the damage caused to the subjects who suffered the damage. Users will also have to compensate the Owner for any claim made against it by third parties as a result of the mentioned damage.
Zestrip guarantees the actual carrying out of the Activity, therefore has the obligation to return the amount previously paid by the Tourist in the event of unjustified failure to carry out the Activity, provided that the Tourist notifies it within 24 hours after the execution of the Activity. The guarantee does not cover the event of non-performance caused by the Tourist (e.g. no-show, unpreceded by the request of cancellation of the Activity according to the conditions of repayment).
In the event that, as a result of any circumstance, the Local is unable to meet the Tourist and carry out the Activity, Zestrip assumes no responsibility, with the only exception of the mentioned guarantee repayment. The Local will be solely responsible for any consequences that may arise as a result of non-performance of the Activity.
In any case, and subject to compliance with the legal limits, Zestrip is not responsible for: (a) loss of profits, customers or reputation; (b) damages of any kind caused directly or indirectly by the Users; (c) errors in the information published on the Platform (by way of example: comments, profiles, description of activities, prices displayed, durability, availability) by the Users; (d) the carry out of activities advertised on the Platform; (e) damages, losses or expenses suffered by Users and caused by errors, infringements, negligence, willful misconduct, omissions, incompleteness, misrepresentation, non-contractual liability objective, including any kind of cancellation (total or partial), strikes, acts of God and any circumstances beyond its control.
Tourists buy Activities directly from Locals at the price set by them. The amounts published include VAT and other applicable fees.
Upon the Local's confirmation of availability for the date requested by the Tourist, the amount pre-authorized is charged and the reservation is considered completed. Zestrip withholds the amount, and transfers it to the Local 24 hours after the completion of the Activity, retaining the agreed commission for the use of the Platform services, unless otherwise specified by the Terms and Conditions.
Communications and Messaging
Users commits to keep their contact e-mail updated, as it is only through that e-mail that Zestrip sends the communications relating to the use of the Platform.
The Locals commit to communicate with Tourists exclusively via the messaging system set up by the Platform.
By accepting the present Terms and Conditions, the Users agree to use the messaging system only to send messages related to the Activities advertised on the Platform.
It's absolutely forbidden to:
- Send messages that can be considered offensive by other users or third parties, such as communications that promote racism, bigotry, hatred, physical violence against any group or individual, or any messages considered illegal or otherwise contrary to the present Terms and Conditions;
- Send messages that harasses or advocates harassment of another person;
- Send messages involving the transmission of advertising correspondence (e.g. Chain letters, unsolicited email or "spam");
- Send messages that can be considered defamatory or libelous;
- Send messages containing information that the User knows to be false or misleading;
- Send messages that promote or contain illegal copying and unauthorized third party works protected by copyright;
- Send messages that provide instructions about illegal activities such as, for example, making or buying illegal weapons, violating the right to privacy of others, or creating computer viruses;
- Send messages that constitute or encourage conduct that would be considered a criminal offense, or that give rise to civil liability, or otherwise qualify as conduct contrary to the law or detrimental to the rights of any person in any country in the world;
- Send messages related to the exercise of commercial activities without the prior written consent of the Owner, such as contests, sweepstakes, barter, advertising, and pyramid schemes.
It's also forbidden to exchange messages that include personal contact of any nature, reference to a website and / or business activities other than the object of these General Conditions.
The Owner reserves the right to modify at any time the contents of the foregoing list, at its sole discretion, as well as to carry out investigations and bring legal action against those who violate its provisions, including, by way of example, removing an offensive expression and interdicting the responsible for such violations by the use of the Site.
Users are not allowed to:
- Perform reverse engineer, decompile, disassemble, modify or create derivative works based on this Platform or any portion of it;
- Work around the computer systems used by this Platform or its licensors to protect content accessible through it;
- Copy, store, edit, change, prepare derivative works of, or alter in any way any of the content provided by this Platform;
- Use any robot, spider, site search application / procurement sites, or any other device, process or automated means to access, retrieve, making scraping or index any portion of this Platform or its contents;
- Rent, license or sublicense this Platform;
- Use this Platform in any other improper manner as to violate these Terms.
Resale of Service
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of this Platform and its services without the express permission by the Owner, guaranteed directly or through a specific reseller program.
Copyright and License Agreement
All trademarks Application, figurative or names, and other marks, trade names, service marks, word marks, trade names, pictures, images, logos and content appearing on this Platform are and remain the exclusive property of the Owner or its licensors and are protected by trademark laws and relevant international treaties.
Any content posted by third parties on the Platform can be used without restrictions by the Owner for the promotion of the services of Zestrip.it.
Users claim to be of legal age according to the governing law. Underage people may use this application only with the assistance of a parent or guardian.
Changes to these Terms
The Owner reserves the right to make changes to these Terms and Conditions at any time, upon notice to the User, by publishing them on this Platform.
The Users who continue to use this Platform after the publication of the changes accept without reservation the new Terms and Conditions.
Assignment of contract
The Owner reserves the right to transfer, assign, novate or sub-contract all or any of the rights or obligations assumed under these Terms, provided that the rights of the User are not affected.
The Users may not assign or otherwise transfer the rights or obligations assumed under these Terms without the written consent of the Owner.
Governing Law and Jurisdiction
These Terms and all disputes relating to the performance, interpretation and validity of this contract are subject to the Italian law. The Users hereby accept the jurisdiction of the Court of Milan.