Terms and conditions
• On Ischiais a registered trademark belonging to Italian Web Holidays L.t.d. (hereinafter: "IWH"), an Italian limited company, located in Naples, Vico Sant'Anna di Palazzo n. 5.
• IWH, as a travel organizer, has all authorizations, licences, insurances and permits necessary to operate in the world tourism industry.
• IWH, as a travel intermediary has all administrative authorizations and uses suppliers of travel services with all necessary authorizations, insurances and licences.
• IWH has all safety guarantees necessary to process credit card payments.
• IWH applies EC 474/2006 and EC 2111/2005 regulations concerning air carriers not authorized to operate in Europe.
• The registration on the site and the use of IWH services constitute consent of the User to be subject to contract general terms set forth below. (hereinafter "Terms")
• The use of the website www.onischia.com (hereinafter the: "Site") and the registration are allowed solely and exclusively to people over 18 and with the legal right and ability to act according to Italian law. (hereinafter: the "User").
• The Site contents, such as texts, charts, logos, icons, images, audio files and software are owned by IWH and its suppliers and are protected by copyright international laws.
• The software used in this Site is owned by IWH or by its software providers and is protected by copyright international laws. Any other use, included reproduction, alteration, distribution, transmission or performance of the contents of this site is strictly prohibited. Other products, services or company names mentioned in the Site may be registered trademarks, and unauthorized subjects using them improperly hold IWH harmless from any direct and/or indirect liability.
• The copyright of writing material about hotels and residences, slides, photographs, images, maps and other material displayed in the Site belongs to IWH or to its suppliers. The access to the material does not represent in any way a license to reproduce, distribute or use it, except if it is downloaded for personal purposes.
• The use of the Site and the transactions carried out through it are subject to Italian laws.
• In order to register on the Site you will give your personal details and guarantee they are correct and updated. If you disagree in part or totally with the Terms, you are not allowed to use the Site and the services of IWH.
Besides the aforesaid, the terms are subdivided into three sections:
(Section – 1) It concerns the use of the Site www.onischia.com.
(Section – 2) Does not concern Onischiain current circumstances.
(Section – 3) It concerns the sale of a specific service (ex CCV and Act 1084/77).
WEBSITE USE TERMS www.onischia.com.
A) WEBSITE USE
The site www.onischia.com may be used by the User exclusively for the services offered on the site and may not be used in any other way. The unauthorized use of the Site and its contents is considered as a violation of intellectual property laws. The User is fully responsible for any consequence deriving from the use of the Site. The Site may be used solely for personal purposes and not for commercial purposes: it may not be altered, reproduced, duplicated, copied, distributed, sold, re-sold or exploited except as expressly provided herein. The Site and its content may not be used for any illegal use.
Information contained in the descriptive pages both of the single services (accommodation, transport or any other service not related to accommodation or transport, if sold separately) and of the packages [consisting of the combination of two or more elements among (i) accommodation, (ii) transport or (iii) other services not related to transport or accommodation which represent the main parts of the package, if sold separately] is only informative and represents neither a contractual proposal nor an offer to the public of the described services.
C) WARRANTY EXCLUSION AND LIMITATION OF LIABILITY
The content of the Site is published in good faith and is updated and monitored periodically; however, IWH may not guarantee its completeness and accuracy. Consequently, IWH declines any responsibility to the User and/or to third parties for any mistake or omission present in the Site. IWH reserves the right to modify, update or delete any type of displayed material and information without any prior notice. IWH does not guarantee that its on-line service is not interrupted (downtime) or for the absence of mistakes, or viruses or other dangerous elements. The hypertextual links are only for informative purposes and do not imply any responsibility for or approval of their content. Onischia exercises no control on external sites and assumes no responsibility for their content. Except as expressly provided, the presence of hypertextual links implies no commercial association of affiliation with the linked site.
D) SITE CONTENTS
Information (written or graphic) concerning goods and/or services offered on the Internet site www.onischia.com comes directly from the suppliers of such goods/services. The suppliers of goods and/or services are entirely responsible for the displayed indications and descriptions. IWH assumes no responsibility for inaccuracies, graphic mistakes, explicit or implicit guarantee of the Site operativeness, information, software, commerciability and suitability to specific purposes of the data and goods offered on the site. However, IWH, on request, will supply the names, the addresses and any kind of information necessary to identify the supplier and/or the producer of goods and services offered. The present clause is subject to the existing legislation and in particular to art. 82 et seqq. of the Decree Law n. 206, 6 September 2005 (hereinafter the: "Code of Consume").
IWH has adopted the best solutions to safeguard the transactions of its Users. The software used by IWH is among the safest ones for protected economic transactions. The SSL software carries out safe transactions on any PC with a browser, without the need of additional software, allowing the protected transmission of the data. This procedure is the safest to secure the purchases and the privacy of the User.
F) INFORMATION ABOUT TECHNICAL PROCEDURES OF REGISTRATION AND PURCHASE.
IWH gives the following information:
• At the beginning of the registration procedure the e-mail/user name and the password will be requested.
• The User is responsible for the protection and the secretness of his e-mail address/user name and password.
• The User takes the exclusive responsibility for any use of the services through the e-mail address/user name and the password given to him and holds harmless IWH from damages or costs arising from the use or the abuse of his own e-mail address/user name and password while using the service.
• The User undertakes to immediately notify IWH of any unauthorized use of his own user name and/or password and of any other safety violation he has become acquainted with.
• IWH reserves the full and exclusive right of disabling the service according to its insindacable judgement, without any obligation of indemnity or damages: by carrying out the registration procedure the User declares to be fully aware of that and accepts it without reserve.
• When booking a product or a service through the site www.onischia.com the User will necessarily give personal details such as name, place and date of birth, Fiscal Code, e-mail, address, number and expiry date of the credit card and telephone number..
• All information is given with the consent to treat data in accordance with the Decree Law n. 196 of 2003 (reported below). The information is necessary for IWH to process the orders, to keep the Users informed about the state of their request and for carriers to deliver the products and/or the services purchased on the site.
G) PRIVACY AND PROCESSING OF PERSONAL DATA
IWH treats all the data of its Users according to what is set forth in the Decree Law. n. 196 of 2003 so-called Code for the protection of personal data, art. 7 – («-The right to the access to personal data and other rights ») states: «1. the person concerned is entitled to obtain confirmation of the existence of personal data about him, even if not yet registered, and their communication in an intelligible form.
2.He is entitled to be informed about a) the origin of the personal data; b) the purposes and the treatment procedure; c) the logic used in case of treatment carried out with the support of electronic instruments; d) personal details of the Holder and people in charge and appointed representatives in accordance with Art.5, par.2; e) subjects or categories of people to whom data can be communicated to or that can become acquainted with in their function of State representatives, people in charge or members of their staff;
3. He is entitled to obtain : a) the updating, the amendment, or the integration of the data; b) the cancellation, the transformation into anonymous form or the blockage of the data treated in law infringement, included the data whose conservation is not necessary with regards to the purposes for which they were collected and afterwards treated; c) the statement that the operations in accordance with a) and b) clauses were known, also in their content, to people to whom data were communicated or transmitted, except if this is impossible or implies the use of means clearly disproportional in comparison with the protected right.
4.He is entitled to oppose completely or partially: a) for well-founded reasons to the treatment of personal data, even though relevant to the purposes of data collection; b) to the treatment of data aiming at mailing advertising or direct selling material or at carrying out market research or commercial communication».
The Holder of the data is: Italian Web Holidays S.r.l Vico Sant'Anna di Palazzo n. 5, 80122, Napoli. For any further information about the safeguard of his privacy the User is invited to send an e-mail to email@example.com.
At any time the User may exercise his rights towards the Holder of the data, in accordance with the art.7 Decree Law n. 196/ 2003.
The payment of the purchased service/s is made by the User to IWH by credit card or other means of payment as it is stated in the site. IWH reserves the right to check the validity of the credit card used for the purchase. IWH declines any liability for abusive or undue use of the credit card and for any bad consequence for the User arising from operations carried out by credit card out of its control. IWH declines any liability to the Users for the impossibility to use the services of the Site for any reason. IWH takes no responsibility for damages, direct or indirect losses, arising from the bad working of electronic devices of the Users themselves or of third parties, included the Internet Service Providers, of telephone and or telematic connections managed not directly by IWH o by people it is responsible for. IWH cannot be considered defaulting or responsible for damages arising from the lack of services or the impossibility to have access to the site because of the bad working of communication electronic devices out of its control, included, for example, lack of telephone lines or of other net services providers, bad working of calculators and other electronic devices, belonging and not to the Internet network, bad working of the software installed by the clients, and actions of other users or hackers. IWH reserves the right at any time to disconnect temporarily or permanently its own services (or part of them) for safety reasons. The User recognizes that IWH will not be considered responsible to the User or to third parties for suspension or interruption of its services.
I) PROCEDURES TO BOOK/PURCHASE SERVICES
Provide required data is necessary to use services offered on the Site owned by IWH and in particular to transmit purchase proposals. By sending the booking request the User will authorize IWH to transmit his personal information to the goods or services supplier and will furthermore guarantee the correctness of the data and the availability of the due amount of money on his credit card, assuming any liability for the carrying out of the booking. In case there are changes of the data given by the User, he will be responsible for informing immediately IWH. The contract will be concluded only when IWH sends via e-mail express written acceptance of the contract proposal contained in the aforesaid booking request; the payment made by the User in favour of IWH before receiving the aforesaid receipt, will not imply the conclusion of the contract. If the booking request is not accepted, IWH undertakes not to charge the User and, if possible, to contact him as soon as possible. If the booking request is accepted, IWH undertakes to finalize the purchase according to the conditions set forth in the Site and the herein stated terms. At any time before leaving the client may have access to the site to check the state of his bookings.
J) NON APPLICABILITY OF THE SO-CALLED RIGHT TO RE-THINK (ART. 55 OF THE DECREE LAW N. 206, 2005)
The contracts concluded through the Site are not subject to the so-called "right to re-think" in accordance with the Code of Consume, as they have as an object the supply of holiday services on a certain date and in a fixed period as it is stated in the art. 55 of the same Decree Law here fully reported: «Exclusions. 1. The right of withdrawal stated in art. 64 and seqq., and in art. 52 and 53 and in par.1 art. 54 does not apply to: (omissis) b) contracts related to accommodation, transport, catering, free – time, when at the conclusion of the contract the supplier undertakes to provide the service on a fixed date or in a fixed period". The User declares to be aware of the non-applicability of the right to re-think to the contract.
K) AMENDMENTS OF THE CONTRACT TERMS
L) LAW AND JURISDICTION
The Contract between the User and IWH will be subject to Italian law. The Court of Naples will have the exclusive jurisdiction to determine any dispute. In case the User is a Consumer, the Court will be in the town of his domicile or residence.
GENERAL TERMS OF THE SALE CONTRACT OF SINGLE HOLIDAY SERVICES.
a) REGULATORY PROVISIONS.
The contracts having as object the offer of a single service: (i) transport, (ii) accommodation, (iii) or any other single holiday service, which can not be considered as a holiday package, are subject to the following provisions of the Act 1084, 27/12/1977 (ratification and enactment of the International Convention relative to the Travel Contract – CCV – signed in Bruxelles on 23/04/1970): art. 1, n. 3 and n. 6; art. from 17 to 23; from art. 24 to 31, concerning provisions different from those relative to the contract of organization and other agreements referred to the sale of the single object of the contract.
b) TERMS OF THE SALE CONTRACT OF A SINGLE HOLIDAY SERVICE.
These contracts are also subject to the aforesaid articles of the holiday package sale contract: art. 6; art. 7; art. 9; art. 10; art. 12; art. 13; art. 14; art. 20; art. 24. The application of these articles does not imply the configuration of these contracts as a sale of Holiday Packages (in accordance with art. 82 et seqq. of the Code of Consume). The terminology of the aforesaid articles relative to holiday packages (organize, package, ..) therefore refers to the corresponding elements of the contract of sale of the single holiday services. (seller, accommodation or transport, ...)
c) WITHDRAWAL OF THE CONSUMER
If the Consumer withdraws from the contract before leaving, he will be charged with the booking fee, the insurance fee (that will never be refunded) and an increasing penalty in consideration of the time passed from the date of the confirmation to the date of the withdrawal (except for the hypothesis listed in the art 9 of Section II [to be intended here as repeated and written with the precisations stated in the lett. b)]. IWH will indicate to the Consumer before he can send the Booking Request, the penalties to which the service in question is subject.
Compulsory communication according to art. 16 of the Act 269/98. Italian law punishes with imprisonment all crimes related to prostitution and child pornography, also for crimes committed abroad.
TREATMENT OF PERSONAL DATA OF THE PARTICIPANTS.
In accordance with the Decree Law n. 196 of 2003 it is made known that the treatment of personal data of each participant (if he is making use of a holiday package or of a single service) will be used for marketing purposes, in a correct and legal way, and in accordance with the existent legislation. In accordance with art. 4 Decree Law n. 196 of 2003, the treatment of data, will consist in their collection, record, organization, conservation, modification, selection, drawing, comparison, use, interconnection, stoppage, communication, spread, cancellation and destruction, or the combination of any two or more of such activities. Such data are necessary to execute the services for each participant, to make the insurance coverage effective, to send by mail material about initiatives and programmes. In addition, we inform you that, with respect to the aforesaid treatment, each Participant is entitled to exercise the rights in accordance to art. 7 of the Decree Law No. 196 / 2003. In particular, participants are entitled to obtain the updating, the rectification or, should there be an interest, the integration or the cancellation of the data, sending a request to Italian Web Holidays S.r.l., Vico Sant'Anna di Palazzo n. 5, Napoli.
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