General Terms of Use for Nausdream

The following General Terms of Use (hereinafter referred to as “General Terms” for brevity) will outline legal and economic terms governing services offered, and bookings made through the Technological Platforms of Nausdream

Between

Nausdream S.r.l., with its legal headquartered in Cagliari (CA), Via Tigellio, No. 22, Zip Code 09123, VAT number 03635840923 (herein referred to as “Nausdream”),

And

Registered Users of the website www.nausdream.com as identified during account registration on the aforementioned site (herein referred to as “User” singularly and “Users” in plural).

Given the Following:

   Nausdream is recognized as a travel agency since July 13, 1988, by the Regional Law of Sardinia, No. 13. And is authorized to operate as such as a result of the approval process required to enroll in the Register of Travel Agencies and Tourism pursuant to Article 12 of the aforementioned law, and therefore may carry out activities of promoting tourism offers within the national territory of Italy, particularly within the Region of Sardinia.

   Nausdream also operates on digital platforms via its website www.nausdream.com (hereinafter referred to as “Site”) as well as through applications for mobile devices and smartphones under the name “Nausdream”) (hereinafter collectively referred to as “Nausdream Platform”).

   Both Nausdream and the Nausdream Platform are predominantly focused on the organization of travel, excursions and tourism experiences of various types, including the managing of the related reservations and the provision of an array of tourist services for its Users, including intermediation between the Users and third-parties

   providers of accommodations, catering, excursions and other tourism services integrated into the packages offered by Nausdream or in addition to them.

 

In particular, the Nausdream Platform allows Users, via innovative algorithms, to choose, compare, select and book, or to plan travel, excursion and various tourist experiences of varied length in duration;

Specifically, the services made available by Nausdream, via the Nausdream Platform, are the following (for brevity, all services offered by Nausdream, except when specific indication of type is needed, from herein will be collectively referred to as “Services”):

1)    the promotion, creation, and management of the platform www.nausdream.com, aimed at the advertisement and booking of Experiences and Activities offered by Nausdream and on behalf of its business partners;

2)    the Nausdream Platform allows its Users to post reviews regarding the manner and quality of the Services rendered;

3)    Services are mainly provided via the Nausdream Platform as well as through applications developed by Nausdream and made available to Users;

4)    the website www.nausdream.com (hereinafter “Site”), organized in sections, allows Users to search for tourist packages and experiences of various types and durations, to compare prices and to select those most suitable to their needs. Via the Site Users can proceed to the booking of Services and pay for said services according to the methods described in section XXIV below;

5)    the offers found on the Site are placed and managed directly by Nausdream both on their own account as well as for their business partners;

6)    the individual offers and their relative price, when concerning offers managed directly by Nausdream, are set by the aforementioned. When concerning offers managed by Nausdream on behalf of their business partners, the contents and price are negotiated by Nausdream and said partner. In either case, Nausdream works to guarantee for its Users that conditions presented to Users are maintained unaltered from those accepted by the User at the time of booking;

7)    registered Users of the Site must be adults or legal entities, regularly established, who accept the General Terms and the “Privacy Rules” detailed in their entirety in art. XXII below. Any individual under 18 years of age will not be considered registered Users of the Site. Every Users claims, as assumes the responsibility, to be over the age of eighteen and affirms that all personal information provided are accurate;

8)    in order to become a registered User for the site, a registration form found on the Site must be filled out by selecting a username and password, or, may sign in via a redirect to Facebook log-in; the User will then provide their personal data, affirming to have read and understood these General Terms and Privacy Rules, accepting to abide by them without reservations;

9)     upon filling out profile information, the User promises to have provided Nausdream with exact, valid, updated and complete information regarding their identity, age, gender, and personal data in general. Furthermore, the User assumes the responsibility to update their profile in a timely manner in the event of any changes as well as to preserve the overall accuracy. Any communications from Nausdream to Users will be to the address provided upon registering to the Site, or as subsequently updated in the Users profile, thus considered perfectly valid.

10)    upon confirmation of registration, Nausdream will allow the User to view these General Terms and Privacy Rules, to which the User must comply, accepting and abiding by them without any reservation.

 

***

In light of all components stipulated above, which constitutes a substantial and integral part of these General Terms, Users declare to accept the following:

 

  1. These General Terms are applicable to all Users registered to the Nausdream Platform.
  2. The use of offered Services via Site and/or the Nausdream Platform is subject to the acceptance of these General Terms. Upon creating a personal User account (hereinafter referred to as “User Account”), Users automatically accept and are bound by the terms of these General Terms. These General Terms must be accepted in their entirety and are indivisible: Users cannot choose to abide by part and not all of these terms, nor may they exclude any part of the terms. The use of the Site is free of charge and allows for free access to view offers and reviews of said offers by Users who have partaken of Services. Certain specific Services of the Site and Nausdream Platform may only be available upon payment and acceptance by the registered User, of specific conditional contracts related to such Services. The use of any other service offered through the Site and the Nausdream Platform is subject, as well as to the User's registration, to the booking of the offer - with the acceptance of specific conditions on a case-by-case basis and to the payment of the relative price, unless otherwise stipulated relative to the details of the specific offer. In the event of non-fulfillment of any or all of the terms of the General Terms, Nausdream reserves the right to delete interested party’s User Account.
  3. The User is totally and exclusively responsible regarding the use of services offered through the Site and Nausdream Platform as well as the validity, comprehensiveness, and legality of reviews and overall conduct of Site usage, Nausdream Platform use and use of Services. Furthermore, the User assumes all liability regarding damage, to the Nausdrem Platform and/or to third parties which may derive from the computer system and/or from the use of Service through malicious or negligent conduct.
  4. The User obliges to refrain from the improper use of contacts present in any capacity on the Nausdream Platform.
  5. Nausdream guarantees the comprehensiveness and accuracy of offers posted on its Site and on the Nausdream Platform.
    Nausdream is not responsible for the content of reviews posted by Users on the Site and Nausdream Platform, rather the User who wrote the review is entirely responsible for the said review. Nonetheless, Nausdream reserves the right to review, approve eliminate or prevent the review from posting, and the right to inhibit consultation, at the sole discretion of Nausdream, in cases where the use of such Service by the User may be considered detrimental to the rights or prerogatives of Nausdream or third parties.
  6. The User acknowledges and affirms that Nausdream cannot be held responsible for temporary suspension of services due to unpredictable malfunctions of the Site or servers hosting it. Due to the nature of the internet, access to the Site may be interrupted or restricted at any time for reasons beyond the control of Nausdream.
  7. The User, upon acceptance of the General Terms, is responsible for the safekeeping of account information and data used to access Nausdream, to prevent unwanted access by third parties who may change Site data with harmful consequences to Nausdream and its registered Users.
  8. Upon acceptance of these General Terms, the User ensures not to disclose to or share methods of operation of the Nausdream Platform to third parties, which are the exclusive intellectual property of Nausdream. The User assures to keep any information and updates acquired under this agreement confidential. In the event of any breach of security and/or improper use (presumed or proven), the User must promptly inform the Nausdream team at [email protected]
  9. By accepting the General Terms, the User assures to refrain from publishing, uploading, distributing data and /or illegal content, which violates the law or the rights of Nausdream or third parties.
  10. Upon accepting these General Terms, the User assures to perform any required actions needed for correct operation and functioning of the Nausdream platform.
  11. By accepting these General Terms, the User, if working on behalf of a company and/or an organization, not to disclose the company name on the User’s Public Profile, Site or Nausdream Platform; and /or any data that can be used to identify the company and/or correlated activity.
  12. Nausdream reserves the right to change, suspend, or interrupt, Service, in whole or in part without warning.  Nausdream cannot be held responsible for damages resulting from the failure to provide service due to mal or non-functioning electronic communication means for reasons beyond its foreseeable control, including but not limited to the malfunctioning of servers and other electronic devices, even if they are not part of the internet, malfunctioning of installed software, computer viruses, as well as the harmful actions of hackers or other users having access to the network.
  13. The User will not falsify their identity and will comply with all applicable legal provisions. The User refrains from using Services for the publication, transmission, exchange of unlawful, vulgar, obscene, libelous, defamatory, offensive, harmful to the rights of others or messages inciting hatred, racial or religious discrimination. Furthermore, the User will not use the Services in a way which violate intellectual or industrial property rights of Nausdream or third parties. Each User will create only one account.
  14. By accepting these General Terms the User agrees that content of reviews posted on the Site by the User may be used by Nausdream for any of the following: (a) appear on the same page and/or section of the offer or by accompany a similar offer, to offer other Users comparative reviews on Service (b) (entirely or partially) used or placed at the sole discretion of Nausdream, for marketing or promotional purposes or to improve upon Service, on the Site, on social networking platforms, on newsletters, for special promotions, on applications, on other hosting outlets used or controlled by Nausdream.
    In such cases, the content used by Nausdream will reference the User by name (in its entirety or by initials) and followed by the initial of the last name and city or province of provenance, without any other references to personal data which could be used to identify the User.
  15. All contents on the Site, including, but not limited to, text, graphics, trademarks, logos, icons, images, audio clips, database, source codes and/or software are protected under copyright law and are the property of Nausdream, or their related suppliers who manage them with an express license. Without the express written consent of Nausdream, Users may not copy, edit, modify, publish or post, distribute, sell or transfer any material, database, codes or algorithms found on the Platform in part or whole.
  16. By accessing the Platform, the User agrees to the following terms:
    1. agrees to not reproduce pages or frames on the Site or the Nausdream Platform;
    2. agrees to not exploit the name of the Site the Nausdream Platform and/ or the Data Controller;
    3. agree to not copy material, links or content on the Site and Nausdream Platform for commercial reasons
      Specifically, the User agrees not to:
    4. Use the Site or Nausdream Platform in a manner that may cause damage or infringe on the rights of others;
    5. Use software or programs that may damage the Site or Nausdream Platform;
    6. Change, alter, modify the graphic design of the Site, Nausdream Platform or programs.
  17. Upon accepting these General Terms, the User assumes full responsibility for conduct on the Nausdream Platform and services offered therein, the User undertakes to indemnify and hold Nausdream harmless for any claims, objections, or requests from third parties arising from the Users conduct on the Site or Nausdream Platform.
  18. Nausdream cannot be held liable for damage of any kind resulting from the use of the Site or of the Nausdream Platform, including direct, indirect, incidental, punitive and consequential damages, subject to the limitations established by the law.

  19. Links to other web pages
    The Site may contain links to sites not managed by Nausdream. Such links are provided as a reference. Nausdream does not control these sites and cannot be held accountable in any way for their content.

  20. Jurisdiction and applicable law
    Interactions between Nausdream and Users are governed by Italian law and under Italian jurisdiction, under which these General Terms must also be interpreted. For cases not determinable by legal provisions, any dispute concerning the interpretation, application, and execution of these General Terms and of the legal relationships governed by them will be devolved to the exclusive and mandatory jurisdiction of the Court of Cagliari.

  21. The validity of these General Terms
    These General Terms will be considered applicable, where compatible, also in cases where different and specific agreements have been made related to paid services. Nausdream may however unilaterally make changes to these General Terms at any time through notices published on the Internet or e-mail.

  22. Method of payment
    The User, registered to the Site or Nausdream Platform, upon deciding to book a posted or promoted offer, will (unless otherwise stated in specific offer details) need to make payment using the service integrated into the Site or Nausdream Platform. Payment may be made via wire transfer or by credit card. Nausdream ensures the use of payment systems guaranteed to trace payment and security of transactions following standard commercial practice.

  23. Method of reservation and payment
    On the Site or Nausdream Platform, the booking and payment process is as follows:
    -    The User will send a booking request via the “Book Now” tab on the page or section of the posted offer:
    -    Nausdream will verify in real time the availability of the offer and number of guests:
    -    A new tab will open to a secure payment page. The booking is considered confirmed upon User payment.
    -    Nausdream will confirm processed payment with a confirmation page and/or an email confirmation with booking details and a confirmation number;
    -    Nausdream works to maintain the availability confirmed to the User at the time of booking until the receipt of payment, for up to forty-eight hours. In the event that payment is not processed within this time period, the transaction will be canceled the User will need to begin a new booking. Nausdream, reserves the discretion, to keep a reservation open for a longer period of time;
    Some types of offers may proceed to personalized booking requests, without providing immediate payment. For these offers, the booking request will be completed in consultation with Nausdream agents through communications such as telephone, e-mail or by appointment at the offices of Nausdream S.r.l.

  24. General terms regarding Nausdream booked services
    By booking one or more services through Nausdream, Users will ensure every effort to maintain responsible conduct on trips and excursions. This applies to the treatment of other Users, guides, organizers and collaborators and to ensure that appropriate conduct is maintained by other individuals and/or animals in their care.
    Failure to comply with the above rules of conduct, and any other provisions and / or rules of conduct outlined in these General Terms, may result in the suspension of the Service for the User responsible for the violation at the sole discretion of Nausdream, without reimbursement of any sum as compensation, indemnity, reimbursement in any form.
    When Services are carried out by third-party Nausdream affiliates (in whole or in part) via external structures (such as carriers, airlines, shipping companies, accommodation facilities, catering services etc.) Nausdream will work to provide the User with the specific rules of conduct and/ or contractual conditions of the external structure when available on the third-party website. A User who has made a reservation agrees to comply with these rules of conduct - even when they have not been made available, as in the aforementioned terms, prior to Service - and agrees to be completely and exclusively responsible his/ her and by persons and / or animals for whom they are responsible, exonerating Nausdream from any damage caused to persons or property due to conduct and to any malice or negligence attributable to him or to persons and/or animals of his/ her direct responsibility. When booking Services, Users declare that all people within the party partaking of Service are healthy enough to partake in the Service, being of sound body and mind. Users are responsible for informing Nausdream, or any third-party affiliates concerned of any health issues, be they allergies to foods or medications, difficulties with accessibility or any other related concern that may arise after booking which can may difficult or influence the rendering of Service.  Nausdream reserves the right and has sole discretion when evaluating the circumstances and will make every effort meet Users’ needs where possible. If Nausdream deems provision of Services not possible they may refuse a booking request in order to ensure the proper provision of services and to guarantee the safety and security of all Users. In such cases, the Cancellation Policy (art. XXVI below) applies.

  25. Cancellation Policy
    1. Client cancellation
      The User may cancel a booking unilaterally at any time, the following time frame dependent fees apply:
      -    25% of the total amount due, if cancellation is within 31 days of departure
      -    50% of the total amount due, if the cancellation is between 30 and 15 days of the departure
      -    75% of the total amount due, if the cancellation is between 15 and 7 days of the departure
      -    100% of the total amount due, if the cancellation is within 7 days of departure, or if the User or any members of the party are absent at the place and time of departure.

      It is Nausdream’s responsibility to give Users adequate notice of penalty fees for cancellations that may be applied during the booking phase and upon confirmation of booking, as per article XXIV above.

      The timing of cancellation refers to business days, excluding the day of the cancellation and the day of departure. The cancellation will only be considered valid if made in writing and communicated via certified email (with proof of receipt). The date of actual receipt of the cancellation notice will apply. Communication of a cancellation request by any other means will not be valid and will be considered equivalent to an absent User and the same penalties will incur.

    2. Failure to provide services – Nausdream withdrawal
      In the event that Nausdream is no longer able to provide booked Service(s) due to unavailability of seats, the following options will be presented.
      1. The User will be allowed to select a different experience which may be on a different date, with a value equal to or greater than that acquired by the User, without supplementing the price difference.
      2. The User will be able to select a different experience which may be on a different date, with an inferior value than that originally purchased, and will be reimbursed the price difference within 14 days.
      3. The user will be reimbursed 100% of the total amount paid.
      In order to allow Nausdream the opportunity to provide Users an alternative travel solution referred to in numbers 1) and 2) above, the User must make a specific request to Nausdream by sending an email to [email protected], indicating the confirmation number. Within 10 days, Nausdream will provide the User with one of the above solutions by sending a special email containing the description of the service offered. Acceptance must be communicated by the User by replying to the aforementioned email. In case of non-acceptance by the User, Nausdream will refund the full amount paid by the User referred to in paragraph 3) above within a 48-hour period.

    3. Cancellation due to force majeure – refunds for experiences not completed where the cause is not attributable to the User or to Nausdream.
      In such circumstances the User will have the right to select from the solutions provided for in b) above, under the following conditions.

      In such cases, Nausdream will be exempt from paying any sum as compensation, indemnity, reimbursement or any other right, except for the reimbursement of the amounts already paid by the User, when the failure or incorrect execution of the contract and the Services involves one or more of the following hypotheses:
      -    caused by force majeure (bad weather, natural disasters, the objective impossibility of navigation, terrorist events, etc.);
      -    failure to reach the minimum number of participants (if this clause is included in the General Terms of Sale).

    These General Terms are governed by the provisions of Article 47 of the "Code of state legislation on the subject of tourism regulation and market" (known as the "Tourism Code"), attached to Legislative Decree 23/05/2011, n. 79, where applicable to specific cases.

  26. Closing Terms
    For anything not expressly addressed by these General Terms or implicitly deducible, application of the provisions of the Civil Code, provisions of the Tourism Code and other relevant laws and regulations can apply.