Terms and Conditions Customers

CUSTOMER TERMS AND CONDITIONS

Summary

INTRODUCTION AND DEFINITIONS
DESCRIPTION OF THE SERVICE
ACCESS TO THE SERVICE, CREDENTIALS, IDENTIFICATION AND USER COMMITMENTS
BOOKING PROCESS
VOUCHER
ACTIVITY BOOKING NOTIFICATION
WITHDRAWAL AND LIMITATIONS ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL
CANCELLATION OF A CONFIRMED BOOKING BY THE PARTNER
CANCELLATION OF A CONFIRMED BOOKING BY THE CLIENT
REVIEWS
USER COMMITMENTS AND OBLIGATIONS
AGREEMENT ON EVIDENCE AND TESTIMONIES
OWNERSHIP
CHANGES TO THE SITE AND TO THE TERMS AND CONDITIONS OF SERVICE
LIABILITY
CLAIMS AND ONLINE DISPUTE RESOLUTION
PERSONAL DATA PROTECTION
LINKS
CODE OF ETHICS
APPLICABLE LAW AND JURISDICTION
PRE-CONTRACTUAL INFORMATION PURSUANT TO ART. 51 OF LEGISLATIVE DECREE 206/2005 (CONSUMER CODE)

PREAMBLE

The website freedome.eu (hereinafter, the “Site”) offers an online booking service for sports and leisure activities and is managed by OUTLANE SRL SOCIETA’ BENEFIT, a limited liability company with registered office in Saronno (Varese), via Varese 25/d, VAT No. 03716980127 (hereinafter, the “Company” or “Freedome”).

1. INTRODUCTION AND DEFINITIONS

These terms and conditions (hereinafter, the “Terms and Conditions for Clients” or “TCC”) set out the rules for using the Service offered by the Company.
These TCC concern, and therefore apply solely and exclusively to, the regulation of the use of the Service offered by the Company through the Site and to the purchase of Vouchers by the Client. They do not apply to the relationship between the Partner and the Client, which is perfected once the booking/acceptance process for an Activity has been completed.
Freedome reserves the right to amend these TCC at any time and without prior notice, as specified in section 14. It is understood that any changes to the TCC will not apply to Vouchers already purchased or to bookings already confirmed by a Partner before the publication of the changes. Clients are therefore requested to carefully check any amendments to the TCC before using the Service.
Without prejudice to the exceptions contained in section 1.3, changes to the TCC shall take effect from the moment they are published on the site freedome.eu.

IMPORTANT:

The use of the Site and its functions, as well as the use of the services connected to it, presupposes the full acceptance by Users of the Terms and Conditions for Clients set out herein. Total or partial non-acceptance of the following conditions will preclude the User from using the Services contained on the Site and from remaining on the Site.
Terms and expressions capitalised herein shall have the following meanings, whether used in the singular or plural.
“User Account” the personal account created by a User on the Site, in accordance with the procedure described in section 3.
“Activity” the activity or service that a Partner makes available for booking on the Site.
“Beneficiary” the person, other than the Client, who will use the Voucher.
“Content” information, text, images, comments and any other element that the User communicates to the Company or independently publishes on the Site via the partner-rating function.
“Contract” the legally binding agreement entered into between a Partner and a Client for the booking of an Activity, or between the Client and Freedome for the purchase of a Voucher, made by the Client through www.freedome.eu and governed by the conditions described in sections 4 and 5.
“Gift Voucher Secret Code” the unique code the Client receives when purchasing a Gift Voucher, as described in section 5.
“Recommended Activity Gift Voucher Secret Code” the unique code the Client receives when purchasing a Recommended Activity Gift Voucher, as described in section 5.
“Client” a User, with an account associated with the Site, who has entered into a Contract with a Partner and/or purchased a Voucher.
“Voucher Identifier” the unique identification code of the Voucher the Client receives upon purchase.
“No-show” the failure of a Client and/or Participant to attend, without prior notice, on the agreed day and time for the Activity, as described in section 11.4.
“Client Booking Notification” the communication the Client receives by email after a Booking Request has been confirmed, as defined in section 6.
“Activity Detail Page” the Site page containing all information relating to an Activity offered by Partners and from which it is possible to start the booking process, as defined in section 4, or to purchase Recommended Activity Gift Vouchers, as described in section 5.
“Participant” the natural person designated to carry out the Activity booked through the Site. Participants may or may not be the same as Clients.
“Partner” the natural or legal person who uses the Site, on which they publish their own Listings, to offer Activities to Users.
“Cancellation Policy” the set of rules governing Activity cancellations and potential refunds, available on the Site in the “Cancellation Policy” section.
“Booking” either a Direct Booking or a Deferred Booking as referred to in section 4.
“Confirmed Booking” the Contract concluded between the Partner and the Client in accordance with section 4.
“Deferred Booking” the request made by a User to a Partner regarding the booking of an Activity as described in section 4.2.
“Direct Booking” the booking made by the Client directly through the Channel Manager system as provided for in section 4.1.
“Alternative Proposal” an Activity proposal made by the Partner or by Freedome to the Client, as described in section 4.7.
“Service” the service that connects the User with the Partner, as described below.
“Site” the website www.freedome.eu as defined in the Preamble.
“User” the natural person who accesses the Site.
“Voucher” multi-purpose vouchers, i.e. bearer instruments pursuant to article 2002 of the Italian Civil Code that entitle Clients/Beneficiaries to spend the corresponding amount on the purchase of one or more Partner Activities. The Vouchers that can be purchased on Freedome may be Gift Vouchers or Recommended Activity Gift Vouchers, as defined in section 5.

2. DESCRIPTION OF THE SERVICE

Through its Site, Freedome offers a Service aimed at facilitating communication between Partners and Clients/Users, allowing the publication of Listings and the booking of Activities respectively. This Service includes the management of bookings, payments, refunds and cancellations on behalf of Partners and constitutes a first line of support for Users and Clients, as detailed herein.
Users may book sports and recreational activities or other services offered by Partners and purchase Vouchers through the Site and the Service.
The Contract is concluded
1. between Freedome and the Client at the time of purchasing the Voucher;
2. between the Partner and the Client upon booking an Activity through the Site. The Contract concluded between the Partner and the Client is an autonomous relationship legally binding on the parties. Except where Freedome expressly acts as the Partner’s agent in accordance with these terms and conditions, Freedome is a third party in relation to the contractual relationship established between the Partner and the Client and, as such, is not involved in it, so that it is excluded from any liability for the Partner’s non-performance. Consequently, the Contract between the Partner and the Client is deemed perfected when the Client receives the Client Booking Notification or, in the case of a Recommended Activity Gift Voucher, when the Client and the Partner agree on the date of the Activity, as described in section 5.
By booking, the Client knowingly enters into a legally binding commitment with the Partner.
Partners are solely responsible to Clients for the performance of the Activities covered by the Contract. The Company, acting as a third party to the Contract, assumes no liability towards the Client for the proper execution of the Activity and, towards the Partner, for the conduct of the Client and/or the Participant.

3. ACCESS TO THE SERVICE, CREDENTIALS, IDENTIFICATION AND USER COMMITMENTS

Users are solely responsible for their own connections and devices, including the costs thereof, required to access the Internet and use the Site and the Service.
Access to the Site is not permitted to persons under 18 years of age. By accessing or using the Site, the User declares and warrants that they are of legal age and have the legal capacity required to book the offers, thereby accepting the full content of these TCC.
Users who wish to use the Service must create an account or, if they already have a User Account, log in to their account (hereinafter, the “User Account”). The User Account can be accessed using the login credentials provided after registering on the Site.
When registering on the Site, Users must provide detailed and truthful information and undertake to keep it updated in the event of changes.
Users are responsible for maintaining the confidentiality of their login credentials. In particular, Users must take all necessary security measures and precautions to protect their login credentials, including their passwords. Users shall promptly take all necessary measures to maintain or restore the security of their passwords and shall replace them immediately if necessary.
Users are responsible for the use of their own login credentials. All accesses to a User Account made using the login credentials shall be deemed, unless proven otherwise, to have been made by the User to whom the User Account refers, as shall any changes or operations carried out on the User Account in question.
The Company reserves the right to suspend or exclude the User from using the Service in the event of breach of the following provisions: (i) 3 (Access to the Service, Credentials, Identification and User Commitments); (ii) 10 (Reviews); and (iii) 11.1 (Compliance with Laws and Regulations).

4. BOOKING PROCESS

The Client may book the Activity offered by the Partner on the Site by means of:
- the direct booking of the Activity (“Direct Booking”), or, if Direct Booking is not available,
- sending a booking request (“Deferred Booking”), subject to acceptance and/or rejection by the Partner based on availability,
by completing the relevant form on the Activity Detail Page.
The Client must provide the Partner with the required data, including but not limited to the date, time and number of Participants, as well as credit/debit card identification data and/or the Gift Voucher Secret Code, to allow payment pre-authorisation, which will be made through a secure payment system. Entering the payment card identification data does not yet entail any charge being made by Freedome to the Client.
Upon Direct Booking or express acceptance of the Deferred Booking, the Contract between the Client and the Partner is concluded (“Confirmed Booking”) and the amount corresponding to the Activity is charged in accordance with the payment pre-authorisation. Freedome will collect payment on behalf of and for the account of the Partner. The Client receives a notification containing a summary of the booking (“Client Booking Notification”, as specified in section 6). It is nevertheless understood that the Direct or Deferred Booking procedure does not give rise to any obligation or liability on the part of Freedome with regard to the provision of the Activity or to the execution of the contract concluded between the Client and the Partner, to which Freedome remains extraneous.
If the Deferred Booking is not expressly accepted within 48 hours of receipt, it shall be deemed rejected and no Contract will have been concluded between the Client and the Partner, resulting in the cancellation of payment pre-authorisations; however, Freedome or the Partner reserve the right to offer the Client an alternative date or time (the “Alternative Proposal”). The Alternative Proposal made by the Partner shall be understood as a counter-offer to the Client’s Deferred Booking. The Client may choose whether to accept or reject the Alternative Proposal offered, subject to the same guidelines as those set out in this section 4, sub-sections 4.2 and 4.3.
The Partner’s lack of availability excludes the possibility for the Client to demand a compensatory solution, since no contractual relationship is established between them in such case. Likewise, any claim for compensation against the Company, which acts solely as a facilitator of communication between the Client and the Partner, is excluded.
The Client may cancel their Booking Request until it has been confirmed by the Partner. Cancellation must be made from the appropriate section of the Site by accessing their User Account. The Booking Request is considered cancelled when the Company receives such communication and the Partner is automatically informed by email.

5. VOUCHER

The User may purchase Vouchers through the functions of the Site. The Service is offered free of charge to Clients and the Company applies no commission to Clients.
Vouchers are bearer instruments pursuant to article 2002 of the Italian Civil Code that entitle the Client/Beneficiary to spend the amount contained therein on the purchase of one or more Partner Activities. Vouchers are bearer and, therefore, any person in possession of the Voucher is entitled to use it. Consequently, in the event of theft or loss, Vouchers already used by third parties (totally or partially) will not be replaced or refunded to the Client who lodges a complaint after their use.
Vouchers are non-refundable to the Client, except for the right of withdrawal provided for in art. 52 of Italian Legislative Decree 206/2005.
In the event of Voucher purchase, Clients may request the issuance of the corresponding invoice by email to info@freedome.it, specifying their personal and/or company details, tax code, VAT number and billing address. The Client acknowledges, however, that the request for an invoice will be deemed to constitute use of the Voucher for professional purposes and, therefore, unless proven otherwise by the Client, will invalidate the Client’s consumer rights, including the right of withdrawal.
Gift Vouchers may be used within 18 months of purchase, which is the maximum period for both booking Activities and performing them. After this period, Vouchers will expire and Freedome may retain the remaining amounts, with the Client having no right to any refund or reimbursement. Freedome collects payment in its own name and on its own account. The Client may withdraw from the Voucher purchase within 14 days of such purchase in accordance with art. 52 of Italian Legislative Decree 206/2005. If the Client purchases a Voucher for a Beneficiary, the right of withdrawal pursuant to art. 52 of Italian Legislative Decree 206/2005 may be exercised by the Client.
The Client can purchase a Gift Voucher in the relevant section of the Site. The Client must log in to the Site using their credentials. The Client must also enter the identification data of the chosen payment method to enable payment, which will be processed through a secure payment system. Once payment has been made, the Client will receive an email notification confirming the purchase of the Gift Voucher (“Voucher Confirmation”). The Voucher Confirmation contains the value of the Gift Voucher, the purchase date, information on the right of withdrawal within 14 days of purchase pursuant to art. 52 of Italian Legislative Decree 206/2005, the expiry date after which the Gift Voucher can no longer be redeemed (“Voucher Expiry Date”), the Gift Voucher identification number (“Voucher Identifier”) and a secret code (“Gift Voucher Secret Code”).
To use the Gift Voucher, the Client/Beneficiary must activate it in accordance with any instructions contained in the Voucher Confirmation and then enter the Gift Voucher Secret Code on the payment page during the Activity booking, as described in section 4.
Gift Vouchers may be spent in one or several transactions. In the case of multiple purchases, Gift Vouchers can be redeemed until the amount they contain is exhausted. The value corresponding to each purchase will be deducted from the balance credited to the Gift Voucher. If the remaining credit on the Gift Voucher is insufficient for the desired Activity, the missing amount may be paid using other accepted payment methods.
The Client may also purchase a Voucher on the Activity Detail Page (the “Recommended Activity”) for those Activities on the Site that offer this option. In this case, the Client is purchasing a Recommended Activity Gift Voucher valid for 12 months from purchase, which is the maximum period for both booking the Recommended Activity and carrying it out. In addition to all the information included in the Voucher Confirmation referred to in section 5.5, when purchasing a Recommended Activity Gift Voucher, the Voucher Confirmation contains details of the Recommended Activity to facilitate booking, including: the Activity name, the number of participants entitled to take part, the meeting point for the Activity, the Partner’s contact details, the booking procedure and the applicable Cancellation Policies.
The Client/Beneficiary may book the Recommended Activity by contacting the Partner organising it (using the contact details indicated on the Voucher) and providing the Voucher Identifier together with the chosen date and time for the Activity. The Partner must reply by accepting the requested date or proposing alternative dates until the date for the Activity is agreed upon. With acceptance of the booking in accordance with this point 5.9, the Contract between the Partner and the Client is concluded, and the Partner will accept the Voucher as payment, deducting the amount corresponding to the Activity fee.
Once the agreed date for the Activity arrives, the Client must present themselves at the meeting point indicated in the Voucher Confirmation and carry out the Activity. It is necessary for the Client to keep the Voucher Confirmation and also to bring it on the day of the Activity as proof of payment. Likewise, the Client will provide the Partner with the Recommended Activity Gift Voucher Secret Code before the Activity begins. Failure to present the Voucher Confirmation or to communicate the Recommended Activity Gift Voucher Secret Code will exclude the Client from the Activity and will not entitle them to any refund.
The Client may ask the Partner to change the agreed date or time for the Activity by sending a communication to the Partner organising the Activity at the contact details listed in the Recommended Activity Voucher Confirmation received, within the time limits set out in the Cancellation Policies applicable to the Activity in question and available in the “Cancellation Policies” section of the Site under Voucher. Failure to comply with the provisions of the TCC and the Cancellation Policies, i.e. failure to attend on the agreed date and time for the Activity, will result in the loss of the right to perform the Activity and will not entitle the Client to any refund.
Recommended Activity Gift Vouchers are intended to simplify booking the Recommended Activity in the event that the Client/Beneficiary wishes to use the Voucher to book that Activity, according to the process described in the preceding paragraphs. However, by selling them, Freedome does not guarantee the possibility of carrying out the referenced activity. Therefore, Recommended Activity Gift Vouchers, like all Vouchers that can be purchased on Freedome, are multi-purpose Vouchers that can be used to book any of the activities on the Site, but in any case within the expiry period specified therein. The Client/Beneficiary acknowledges that the Partner may make the use of the Recommended Activity Voucher to book the referenced activity subject to possible conditions (such as reaching a minimum number of participants, guide availability, suitable weather conditions, etc.). If the Client/Beneficiary wishes to use the Recommended Activity Gift Voucher to book other activities on the Site or, for any reason, cannot book the Recommended Activity, the Client/Beneficiary must contact Freedome by email at info@freedome.it, providing the Voucher Identifier and the Recommended Activity Gift Voucher Secret Code, and expressly stating that they wish to use the Voucher to book other Activities. Freedome undertakes to respond promptly to such request and to convert the Recommended Activity Gift Voucher into a Gift Voucher of the same amount and with the same expiry date, and will send a new Voucher Confirmation to the Client/Beneficiary who made the request. The Gift Voucher received may be used as described in the preceding paragraphs of this section.

6. ACTIVITY BOOKING NOTIFICATION

The Contract is perfected when the Direct Booking is made or when the Deferred Booking is accepted by the Partner, or when the Client accepts the Alternative Proposal. Once the Contract is perfected, the Client will receive, at the email address linked to their User Account, the Client Booking Notification, which will contain a summary of the booking. The summary shows all the main booking information, such as the number of people, location, date, time, price paid, meeting point and the Partner’s name and contact details.

7. WITHDRAWAL AND LIMITATIONS ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL

In cases where the reserved Activity or purchased Service does not fall within the exclusions from the right of withdrawal provided for in section 8 below, in accordance with Article 59 of the Italian Consumer Code, the Customer may withdraw from the purchase contract by following the guided procedure available in their personal area of the Site. The right of withdrawal must be exercised within fourteen (14) calendar days, without penalty and without the Customer having to specify the reasons, as provided for in Articles 52 et seq. of the Italian Consumer Code, provided that the Customer has not used the Partner’s Service in the meantime.
The withdrawal period begins on the date of receipt by email of the Voucher Confirmation, as defined in section 5. Freedome will initiate the procedures for refunding all payments received from the Customer without delay and, in any case, within fourteen (14) days from the day on which it has been informed of the Customer’s decision to withdraw from the contract under this section.
The User acknowledges and accepts that any notice of withdrawal submitted in a manner other than that indicated in this paragraph, or addressed solely to the Partner, shall not be considered effective for the purposes of withdrawal.
The Customer acknowledges that the Services purchased from the Partner through the Site consist of leisure activities with a specific date or period of performance. Therefore, in accordance with Article 59 of the Italian Consumer Code, the right of withdrawal is excluded, except as provided for in paragraph 5 (Voucher). In the case of the purchase of Vouchers, the Customer loses the right of withdrawal if they book an Activity with the Partner.

8. CANCELLATION OF A CONFIRMED BOOKING BY THE PARTNER

The Partner shall be entitled to cancel the Confirmed Booking if the regular and ordinary performance of the Activity becomes impossible or dangerous due to circumstances beyond the Partner’s control, such as, by way of example, particularly adverse weather conditions.
If a situation arises that makes it impossible or dangerous to perform the Activity, the Partner must promptly notify the Company, the Client and/or the Participant in whatever manner is deemed most appropriate, provided it ensures timely notice.
Where possible, the Partner may make a proposal to the Client to change the date or time of the booked Activity. The new proposal made by the Partner shall be treated as the Alternative Proposal referred to in section 4, except for the payment conditions, since the price will already have been paid by the Client. Consequently, following the Alternative Proposal made by the Partner, the Client may:
1. accept the Alternative Proposal, whereby a new agreement is concluded, replacing the previous one as regards the time of performance of the Partner’s service, and for which the Client’s payment obligation has already been fulfilled;
2. reject the Alternative Proposal and request a full refund of the price paid for the Activity or the return of amounts in the case of payments made by Voucher;
3. reject the Alternative Proposal and request the issuance of a Voucher of equal value and 12-month validity. Such Voucher may be any Voucher marketed by Freedome, including one without a Recommended Activity;
4. reject the Alternative Proposal but retain the right to rebook the Activity with the Partner within 12 months of cancellation (thus keeping the booking “on hold”). If the Client does not make a new Booking with the Partner within that period, Freedome will convert the on-hold booking into a Voucher of the same amount, which the Client may spend, subject to expiry, within the following 12 months (and therefore within 24 months of the Partner’s cancellation of the Activity).
Freedome undertakes, if requested by the Client and once notified by the Partner of the cancellation of the Activity, to manage the refund to the Client of the amount paid for the Activity, by returning the amounts to the original payment instrument. If the Client has paid, in whole or in part, by Voucher, the amount will be refunded by re-crediting the Voucher.
Freedome will issue the refund on behalf of and for the account of the Partner.

9. CANCELLATION OF A CONFIRMED BOOKING BY THE CLIENT

Without prejudice to the right of withdrawal provided for in section 7, to cancel a Confirmed Booking the Client must follow the procedure indicated in the relevant section of the Site by accessing their User Account.
The fees to be retained from the amounts paid by the Client are indicated, for each Activity, in the Cancellation Policies listed on the Activity Detail Page and available on the Site in the “Cancellation Policies” section. The Cancellation Policies form an integral part of these Terms and Conditions for Clients.
The possibility for Freedome to manage the refund of amounts paid by the Client for the Activity constitutes an operation that the Company carries out on behalf of and for the account of the Partner, and depends strictly on the provisions set out in the Cancellation Policy.
The failure of a Client and/or Participant to attend, without prior notice, on the agreed day and time for the Activity will be considered a last-minute cancellation (“No-show”), with no right to a refund.
These cancellation conditions do not apply to Vouchers, which are governed by section 5.

10. REVIEWS

Freedome has implemented a rating system that allows Clients to rate Partners and the Activities they offer.
The publication of a rating or review relating to a Partner or an Activity may only be carried out by a User with a User Account on the Site who has actually booked and taken part in the Activity being reviewed. Likewise, ratings or reviews may be submitted after the Activity has been completed.
The rating includes a score on a scale from 1 to 5.
Clients may write online comments as part of the rating. Client ratings are made under their full and conscious responsibility, and the Company assumes no responsibility for their content, limiting itself, at most, to removing them if reported as inappropriate, offensive or defamatory.
Clients undertake to comply with the applicable regulations and, in particular, to comment and rate objectively, without using inappropriate, offensive or defamatory expressions in their judgement of Activities or with respect to Partners.
Ratings must be expressed in an understandable manner and be limited exclusively to evaluating the Activity covered by the Contract. Review texts must not contain personal information (e.g., first or last names of third parties, telephone numbers, addresses, etc.), financial information, links to other websites, or any content that could create a conflict of interest.
Clients also undertake to refrain from including political, religious or sexual elements in their reviews.
Freedome moderates Client reviews to ensure compliance with the provisions herein. To this end, any review may be subject to moderation, even after publication. The Company reserves the right to contact the User if it needs to verify a review.
Users may request the moderation of a review published on the Site by sending an email to info@freedome.eu, explaining the reason for the request.
The Company reserves the right to remove any comment that does not comply with the provisions herein. In the event of repeated infringement of these provisions, the Company may suspend or delete the User’s User Account.

11. USER COMMITMENTS AND OBLIGATIONS

COMPLIANCE WITH LAWS AND REGULATIONS
1. Users are obliged to use the Site and the Service while respecting the rights of third parties and the rights of the Partners and the Company.
2. When connecting to the Site and using the Service, Users must comply with the applicable regulations.
3. In particular, Users undertake to:
  - not use the Site or the Service for purposes unrelated to the Site or the Service or through systems that may contravene the applicable regulations;
  - not defame, insult or denigrate natural or legal persons;
  - not create User Accounts with fictitious identities or falsify their own;
  - not cause harm to third parties using the Site or the Service and, in particular, not steal third-party identity or, in general, use data belonging to third parties;
  - not use contractual information obtained through the Site or the Service to send unsolicited communications, regardless of the form used for such communications;
  - not use information obtained through the use of the Site or the Service to spread computer viruses or similar threats;
  - not damage the reputation of Partners or of the Company, or the Freedome brand;
  - not cause the interruption or suspension of the Site;
  - not cause or attempt to cause damage to the services provided by one or more providers or Partners, in particular the hosting service provider, for example by exposing the Site to computer viruses, creating server saturation or flooding, saturating messaging systems with emails and similar conduct;
  - not access, or attempt to access, information that has not been expressly made available to Users;
  - not probe, scan or test the vulnerability of the system, nor violate the Site, the Service security systems or authentication processes, nor attempt to gain unauthorised access to the networks and systems connected to the Site;
  - not upload to the Site, send by email or by any other means any element containing computer viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer, computer program, hardware or telecommunication equipment.
LIABILITIES AND OBLIGATIONS RELATING TO ACTIVITY BOOKING
1. With regard to booking and carrying out Activities, Clients acknowledge that:
  - Participants may only carry out the Activity if they meet the requirements for performing it (e.g., certificates proving good physical condition, a certain skill level, as well as additional certificates, licences or permits required by law). Otherwise, the Partner is entitled to refuse the Participants’ participation in the Activity without any right of refund to the Client for the price paid;
  - Participants must, with particular reference to the Activity, comply with the rules and instructions given to ensure the Activity takes place under optimal safety conditions. Otherwise, the Partner is entitled to interrupt the Activity without any right of refund to the Client for the price paid;
  - Participants must arrive punctually at the meeting point indicated in the Activity summary. A delay of more than 15 minutes from the agreed time for the Activity may result in the cancellation of the booking, in accordance with the Partner’s general terms and conditions of the Activity and as indicated in the booking summary.
2. Clients are obliged to ensure the accuracy of the data provided to the Partner when booking the Activity. The falsity of the data provided by Clients, if done in order to bypass the limits imposed by the Partner for carrying out the Activity, entitles the Partner to refuse to provide its service, also excluding any form of refund.
3. It is also specified that any activity not expressly forming part of the booked Activity shall not be the responsibility of the Company or the Partner.
4. Freedome assumes no responsibility for the documentation relating to health status nor for the possession of patents, certificates or other documents presented by the Client at the time of booking. The truthfulness of the statements made is the sole responsibility of the Client and/or the Participant, without prejudice to the Partners’ right to request their presentation at the time the booked Activity is carried out. Consequently, Clients and Participants are expressly stated to be solely responsible for booking and participating in Activities, taking into account their own skill level, physical condition, experience, limitations and all risks arising from participating in potentially dangerous activities, whether sporting or otherwise. To this end, neither the Partners nor the Company can be held responsible for injuries, accidents or deaths caused by the performance of the Activity if any of these events result from the falsity of the data provided by the Client or the Participant.

12. AGREEMENT ON EVIDENCE AND TESTIMONIES

Users expressly agree that all electronic data, regardless of the medium from which they are generated, in particular connection logs, files, logins, time-stamped data, messages, emails and others, originating from the Company’s information systems or those of its providers and Partners, shall have full probative value with respect to the activities and operations carried out.
Consequently, the aforementioned elements constitute evidence and, if presented by the Company in judicial or other proceedings, shall be considered admissible, valid and legally enforceable in the same manner, under the same conditions and with the same evidential force as any document drawn up, received or kept by means of paper records.

13. OWNERSHIP

SITE AND SERVICE RIGHTS
1. The Site, the Service and the information they contain are protected by intellectual property law.
2. Consequently, unless expressly stated otherwise, the intellectual property rights relating to the documents, as well as all information of any kind contained on the Site or relating to the Service, in particular with reference to each of the elements that make up the Site and the Service (animated or non-animated images; illustrations; photographs; sounds; know-how; IT architectures; texts; graphic elements; etc.), including software and databases, shall be deemed the exclusive property of the Company and its Partners (hereinafter, the “Protected Elements”).
3. The Company grants Users no licence regarding the use of the Protected Elements, in whole or in part, except for displaying them on the Site and using them for the purposes of the Service.
4. The total or partial reproduction of the Site and/or the Protected Elements may only be authorised for information and/or dissemination purposes, for personal and private reasons. Use in accordance with these conditions of the Site or its Protected Elements is only possible with the Company’s express approval after communication to info@freedome.it.
5. Otherwise, any reproduction and use of copies, in any form and manner of use, are expressly prohibited unless expressly authorised by the Company. Such conduct, in relation to the damage caused to the Company, may constitute grounds for civil liability and, where applicable, criminal liability.
6. The following are also prohibited:
  - copying, modifying, assembling, selling or transferring in any way any part of the Protected Elements;
  - modifying, even partially, the Protected Elements to obtain unauthorised access to the Service or the Site by any means other than the user interface provided by the Company for that purpose;
  - accessing or using the Protected Elements for purposes, principles or conditions of use not expressly permitted by the Company;
  - reproducing and/or representing, in whole or in part, the Site, the Service and the Protected Elements, without the prior and express written authorisation of the Company.
RIGHTS RELATING TO DISTINCTIVE SIGNS
1. All trademarks, logos and other distinctive signs contained on the Site or attributable to the Service, including domain names, are the exclusive property of the Company and its Partners.
2. Any use, in any form, of trademarks, logos and any other distinctive signs must be authorised, in advance and expressly in writing, by the Company, its Partners or third parties where they hold the associated rights.
3. Users acknowledge the Company and its Partners’ rights regarding the use of such distinctive signs and undertake to refrain from using them outside the permitted cases.
USER COMMENTS AND CONTENT
1. Users assign to the Company all intellectual property rights attributable to the Content they generate on the Site.
2. The rights assigned in this respect include, in particular, reproduction, representation, transmission, translation, distribution, use and, where applicable, modification of the content covered by the assignment. The rights assigned may also include those relating to media translation, of any kind. The assignment of this content shall be understood as free of charge, as a contribution of social interest to the development of the Site, intended to ensure greater service effectiveness as well as better information transparency for the rest of Users, therefore authorising its publication, online or otherwise, by any technical means or procedure.
3. Users guarantee that they hold the property rights to the Content they publish. Holding the property rights to the Content is a sufficient condition to authorise its publication. Users are solely responsible for the compliance of such Content with the law. In this regard, it is the Users’ responsibility to ensure that the Content published does not infringe any third-party rights, particularly those relating to intellectual property rights.
4. Users acknowledge the Company’s status as a third party with respect to the publications they make on the Site. In any case, if the content infringes third-party intellectual property rights, the Company, after notification by third parties or the judicial authority, will remove it immediately.

14. CHANGES TO THE SITE AND TO THE TERMS AND CONDITIONS OF SERVICE

Users acknowledge and agree that the Company may freely update or modify its Site and/or Service at any time and at its sole discretion.
The Company reserves the right to amend these Terms and Conditions for Clients — adding to, deleting or adapting them — if necessary to comply with new legal requirements, implement organisational changes aimed at improving the Service, or prevent the repetition of improper conduct by Users when such conduct is not already regulated by these TCC or when the disciplinary measures already provided prove ineffective for its prevention. The User will be informed by a notice sent by email to the address provided during registration, which will include the text of the terms and conditions with an indication of the changes. The User will have the right to withdraw within 15 days of receiving this email; otherwise, the amended conditions will be deemed accepted.
Whenever the User books an Activity or purchases a Voucher, it will be the Company’s responsibility to ask them to confirm that they have read the TCC so that they can ascertain changes or variations compared with the previous regulations.
In any case, the use of the Service and its functions presupposes acceptance of these TCC, as well as their possible amendments.

15. LIABILITY

Users acknowledge that, regardless of the resources employed by the Company, the Internet and telecommunications systems have technical specifications that are beyond the Company’s sphere of influence, and are aware of this. Malfunctions of the Internet and telecommunications systems may result in the inability to guarantee: (i) the proper functioning of the Site and the Service, particularly with regard to uninterrupted accessibility to the Site, the performance of the Site and the Service such as response times to various requests and actions performed, and (ii) the security of the Site and the Service, particularly with regard to the presence of computer viruses.
Furthermore, Users are informed that technical operations such as maintenance are required to ensure the use of the Site and the Service, and they accept this. Consequently, the Site and the Service may be temporarily suspended, particularly in the event of system failure, maintenance, repair or upgrade.
The Company cannot be held liable for any damages that may be caused to Users as a result of malfunction of the Site or the Service and, in particular, for damages arising from the unavailability of the Site.

16. CLAIMS AND ONLINE DISPUTE RESOLUTION

Freedome cares about its Clients’ experience and strives to provide a booking service of the highest possible quality. Consequently, in the event of problems arising when booking an Activity or during its performance by the Partner, the Client or Participant may:
1. send an email to info@freedome.eu
2. contact us directly on +34 685 52 81 46
In the event of problems with a Partner, Freedome undertakes to contact the Partner in order to resolve the problem on behalf of the Client, although it does not assume a binding commitment and does not guarantee the success of the negotiation, Freedome being a third party to the contractual relationship between them.
Participants may also use the rating system, as explained in section 11.
Pursuant to article 14 of Regulation (EU) No 524/2013, we inform you that any dispute related to the purchase of Vouchers and/or the use of the Site or the Service may be resolved through the ODR online platform managed by the European Commission, accessible at https://webgate.ec.europa.eu/odr.

17. PERSONAL DATA PROTECTION

With regard to the respect of rights and obligations related to the use and protection of personal data, Users are invited to consult the Privacy Policy available online on the Site.
The Privacy Policy forms an integral part of these Terms and Conditions for Clients.

18. LINKS

Any creation of links to the Site, any display of the Site and, in general, any use of the Site’s elements must be subject to the Company’s prior written consent, which may be revoked, at its sole discretion, at any time.
The Company reserves the right to (i) request the removal of any link to the Site that has not been, or has ceased to be, authorised and, consequently, (ii) take legal action to compensate for any damage suffered.
The Site may contain links to other websites or other Internet resources. Since it is objectively impossible for the Company to control the content of every external site or resource, the Company is not responsible for the availability of such sites and/or resources, nor for the proper functioning, content, advertising, products, services or any other information available on or obtainable through them.
The inclusion of such links on the Site does not imply any form of affiliation, sponsorship or recommendation with respect to the owners of the domain to which the link is directed.
Furthermore, the Company is not responsible for any damage or loss, real or presumed, arising from the use of the contents, products or services available on such external sites or resources.

19. CODE OF ETHICS

Clients acknowledge that Freedome has adopted a code of ethics (available at this link) and undertake to respect its provisions and spirit, also in application of the principle of fairness and loyal cooperation between the Parties.
Clients may report any breach of the Code of Ethics to the following email address: [•].
The Company guarantees protection for those who report in good faith against any form of retaliation, discrimination or penalty, ensuring maximum confidentiality, without prejudice to legal obligations.

20. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions for Clients shall be governed by and interpreted in accordance with Italian law. Any dispute relating to the interpretation, performance or termination of the TCC shall be submitted to the court of the place where the consumer resides or has elected domicile.
If one or more of the provisions contained in the TCC are deemed invalid by law or regulation, or must be considered as such as a result of a court decision, they shall be deemed not to have been written; the remaining provisions shall retain their full validity. The fact that one of the parties has not requested the application of a particular clause, whether permanently or temporarily, shall in no case be interpreted as a waiver of the right/duty arising from that clause.