Terms and conditions

Conditions for consumer protection


1. Introduction.
1.1 This document contains the terms of use of the website www.drowssap.it (henceforth "the Platform"), operated by DWP Living Tourism s.r.l. (henceforth DWP) based in Naples at No. 15 Via Santa Lucia-80132 (NA) -P.I. 09372051210-, which allows you to make reservations for excursions, shuttles, transfers or maritime transportation services provided by third parties. The following terms and conditions-and subsequent amendments-apply to all of our services made available online, directly or indirectly (through distributors), via any mobile device, by e-mail, or by telephone. 1.2 By accessing the Platform, booking a service, and/or creating an account, you agree to be bound by these Terms of Use and acknowledge that you have read and understood them (including the Privacy Policy). In all arrangements related to a booking, the booking user will be deemed to have accepted these Terms of Use on behalf of all persons included in the booking. 1.3 These pages, their content, structure and the online booking service provided by us on them and through this Web Platform are owned, operated and offered by DWP Living Tourism s.r.l. and are provided for personal use only with non-commercial (B2C) purposes, governed by the terms and conditions described below. The relationships we have with Travel Providers are governed by different terms and conditions, which govern the business (B2B) relationship we have with each of these Travel Providers. Each Travel Supplier acts professionally towards DWP Living Tourism s.r.l. in making its product and/or service available on the Platform (whether for the business-to-business ("B2B") or/and business-to-customer ("B2C") relationship). Trip Providers may have, declare applicable and/or require (the consent of), in addition to the terms and conditions and clauses set forth on the Web Platform, their own terms and conditions and rules (of delivery/shipping/transportation/use) for the use, access and fulfillment of the Trip, which may include specific disclaimers and limitations of liability. 1.4 DWP reserves the right to update or otherwise modify these Terms of Use at any time. You agree that your use of the Platform subsequent to the changes signifies your acceptance of the updated Terms of Use. The date of the last updated Terms of Use will be indicated at the top of this page and the updated terms will take effect upon posting. It is your responsibility to visit this page regularly to review the most recent version of the Terms of Use. Your continued use of the Platform after any changes to the Terms and Conditions constitutes acceptance of those changes.
2. Definitions
The words "DWP," "we," and "our(s)" refer to DWP Living Tourism s.r.l., a limited liability company. "Platform" means the website, mobile version thereof and/or app on which the Travel Service is made available and is subject to the ownership and control of DWP Living Tourism s.r.l. by which it is operated, maintained and/or hosted. "Travel" or "Travel Service(s)" means the various products and/or services provided, offered and advertised by the Travel Provider through the Platform and which may be ordered, purchased, paid for, rented, booked, activated, combined and consumed by you. "Travel Provider" means the provider of the lodging (e.g., hotel, motel, apartment, bed & breakfast, host), attractions (e.g., (theme) parks, museums, sightseeing tours), the provider of transportation services (e.g., car rental, cruises, train travel, airline flights, bus tours, transfers), tour operators, travel insurance, and any other travel-related or related products or services available for Travel Booking on the Platform (B2B or B2C). "Trip Reservation" means the ordering, purchasing, paying, or booking of a Trip.
3. Object of Service.
3.1 The Platform is a website operating online that enables Travel Providers, in their professional standards of conduct (e.g., B2C or B2B), to advertise, market, sell, promote, and/or offer (where applicable) their products and services for order, purchase, booking, and rental, and for visitors to the Platform to discover, search, compare, and place an order, booking, purchase, or payment. Through the Platform, DWP offers a reservation service only. Specifically, DWP communicates to the Travel Provider the data pertaining to the reservation and sends you an email confirming the reservation, on behalf of the Travel Provider. 3.2 The Platform collects information about excursions, shuttles, transfers, or sea transportation services provided by third parties. All information about services offered on the Platform is based on data provided by the providers, and therefore DWP also disclaims any responsibility for the accuracy of such data. 3.3 DWP is not a provider of excursions, shuttles, or transfers. When you make a reservation, you are using the Platform to enter into a contract with third-party providers. The moment you make a reservation, you establish a direct contractual relationship with the Provider of the booked activity and/or transfer. 3.4 Providers, and only they, are responsible for the inaccurate or non-performance of the services promised and advertised through the Platform (e.g., cancellation and/or postponement of an excursion, cancellation of maritime ride) and the non-performance of obligations generically related to the organization. The provider of excursions, shuttles or transfers is CIMA Società Italiana Turistica Area Marittima s.r.l. (C.F. 00472740638) with registered office in Naples at Piazza Garibaldi n. 73 The provider of sea transportation ticketing services is Traghettilines, operated by Prenotazioni24 s.r.l. (C.F. 01512130491) with registered office in Portoferraio (LI) at Via Cacciò 9.
4. User use of services.
4.1 By accepting the following terms and conditions you represent and warrant that all information transmitted through the Platform for the purpose of 'purchase, booking and use of travel services is true, accurate, current and complete. 4.2 Use of the travel services offered by the Platform is permitted solely for personal, non-commercial purposes, and/or to submit legitimate booking requests for the services offered. You agree not to use the travel services offered through the Platform for speculative, false, or fraudulent requests. 4.3 In addition, you agree and warrant (a) that you are not currently suspended and have not been previously barred from using the Services by DWP; (b) that you are not acting on behalf of an entity that is a competitor of DWP; (c) that you have full power and authority to enter into this legally binding agreement and that you are not violating any other agreements you have already entered into by doing so. It is DWP's right to restrict and/or disallow your access to the Platform if you violate the following Terms and Conditions and/or the general rules of good faith and fair dealing in the use of the offered services advertised and sold through it. 4.4 It is your obligation to check your e-mail both for proper receipt of confirmation documents and for any further communications. It is your obligation to promptly report to DWP the non-receipt of confirmation documents and/or any other problems encountered. 4.5 It is your responsibility not to behave in a manner that is inappropriate, or that is likely to cause offense or danger to others, or that is likely to damage property belonging to others (including but not limited to drunkenness, air rage) while using a tourist service/product. If the behavior is inappropriate and/or causes offense or harm to others or damage to property belonging to others, DWP and/or the travel providers may cancel your reservation in which case you will not be eligible for any refunds, compensation payments, and/or any reimbursement that may be required as a result of such cancellation. In addition, you will be responsible for reimbursement of any and all expenses incurred by DWP and/or travel suppliers as a result of the incident.
5. Prohibited activities on the Platform.
5.1 Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, using to create derivative works, transferring, selling or reselling any Platform Content or any product or service obtained through it is prohibited. 5.2 You are prohibited from performing the actions listed below, as well as from facilitating or permitting any third party to: (a) use the Platform or Platform Content for commercial or unlawful purposes; (b) access, monitor or copy any Platform Content by using robots, spiders, scrapers or other automatic means or manual processes to access, delete, index, retrieve or otherwise use the Platform or any Platform Content for any purpose; (c) violate restrictions in robot exclusion headers on the Platform, circumvent or circumvent other measures employed to prevent or imitate access to the Platform; d) take actions that impose, or may impose, in DWP's discretion, an unreasonably or disproportionately high load on the infrastructure or excessive traffic to the Platform; e) deep link any part of the Platform for any purpose; f) perform "framing," "mirroring," or otherwise embedding any part of the Platform in other sites; g) attempt to modify, translate, adapt, change, decompile, disassemble, or reverse engineer any Software h) use the Platform to violate third party rights, including violations of confidentiality, copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or other proprietary or intellectual property rights; i) attempt to gain unauthorized access to the Platform, user accounts, computer systems, or networks connected to the Platform by hacking, password decryption, or other means; l) use the Platform to transmit computer viruses, worms, defects, Trojan horses, or other items of a harmful nature; m) use any device, software or routine that interferes with the proper functioning of the Platform or otherwise attempt to interfere with the proper functioning of the Platform; n) use the Platform to breach the security of any computer network, decrypt passwords or security encryption codes; o) any reproduction or redistribution of the Software contained on the Platform is prohibited; p) copying, imitation and use, of all content on the Platform is prohibited.
6. Services and reservations.
6.1 The posting of a Travel Service on the Platform represents an 'invitation to you to submit an offer to the Travel Provider. The finalization of the booking of travel services on the Platform owned and under the management and control of DWP will be formalized after you have completed and accepted the booking form for the chosen travel service and only when the same booking has been confirmed and payment has been properly made. As part of this process, DWP is free to accept or reject such an offer on behalf of the Travel Provider. 6.2 Each travel service advertised through the Platform may be booked/purchased with a variable advance time dependent on the nature and genre of the activity, excursion and/or guided tour you wish to choose. This information can be obtained from viewing the description sheet of the travel service contained on the Platform. It is not possible to book a travel service with less advance notice than indicated in the dedicated descriptive sheet. 6.3 It is not necessary to create an account. Once in the Platform, you will have to enter the Drowsapper code (which represents the Drowsapper's identification code that Drowssapp suggested to you) and, should you decide to purchase a travel service, all you have to do is choose, enter your first name, last name, email address, phone number, and any specific requests. 6.4 The provision of the booked travel service is and will be subject to the terms and conditions displayed on the Platform with respect to such Service, as communicated to DWP by the Travel Provider with whom you enter into a direct contract for the provision of the Service. The meeting point, date, time, duration, and all information necessary to carry out the activity, excursion, and/or guided tour you have booked is shown in the description sheet of each travel service via the Platform as well as in the confirmation email we will send you after you have made your reservation, and is binding. In the activity description sheet, as well as in the confirmation email, your rights and obligations in relation to the purchased service are also stated. By making a Reservation, you acknowledge and agree to be bound by the Travel Provider's terms and conditions and any other rules or regulations related to the travel service booked and purchased. 6.5 Notwithstanding the foregoing, you shall in all cases keep in mind the following: (a) the price shown on the Platform represents the final and actual price and includes tolls. There are no surcharges for luggage, but the number of passengers and luggage must be compatible with the capacity of the vehicle; (b) the number of seats indicated in the Platform corresponds to the maximum number of people who can travel in the vehicle, in addition to the driver. It must be taken into consideration that children occupy one seat as adults. c) once booked and/or purchased, you will be able to change the transfer booking service, only if the conditions of the service allow it; d) in the email confirming the reservation you made, DWP will provide the name, email and emergency number of the Travel Provider (or driver), so that independently you can get in touch, in case you cannot find the driver or for any kind of problem; e) in case of stops during the journey (for example, if the passengers transported are staying in different hotels or if you need to pick up keys in order to enter an apartment), these stops will have an economic surcharge; f) in the event that you need to change the agreed route, you will be able to request an additional charge for the new route, and the additional cost will be your responsibility. 6.6 By booking through the Platform a travel service, you establish a direct contractual relationship with the Service Providers and any future claims against the latter should be addressed. DWP, as an intermediary, hereby disclaims any liability with respect to any actions, omissions, errors, misrepresentations, warranties, breaches or negligence of the Travel Providers for any damages you may suffer, unrelated to DWP's mere intermediary activity.
7. Payments.
7.1 At the time a reservation is made, DWP, authorized by the suppliers to receive payment, collects payment information and processes the transaction. 7.2 Unless otherwise specified, full payment by credit card is required to make a reservation. The payee listed on the statement will be DWP Living Tourism s.r.l. who collects 7.3 The value of the reservation may be subject to taxes, charges, foreign transaction fees, exchange rates, or other costs. The bank or payment card issuer may make the conversion to local currency and charge for it, resulting in differences between the amount shown on the Platform and the final amount charged. DWP recommends that you contact your bank or card issuer if you have questions about applicable conversion rates or fees.
8. Cancellation policy.
8.1 Without prejudice to the User's rights regarding the cancellation of tourist packages provided for in Article 41 of the Tourism Code (Legislative Decree No. 79 of May 23, 2011), each service that can be purchased on the Platform follows a specific cancellation policy that the User can consult both on the page describing the activity and in the confirmation email that DWP will send him/her once the booking has been made. 8.2 Each service will be subject to its own cancellation policy, which will stipulate the cancellation deadline and whether any penalty fees will need to be paid.
9. Communications and complaints.
Please contact our customer service department by email at info@drowssap.it If you want to make a complaint about a travel provider, we recommend that you officially address the complaint to the relevant travel provider even while traveling. 10. Applicable Law and Jurisdiction These General Terms and Conditions, as well as any relationship between you and DWP, are governed by the national and international laws in force in Italy. To the extent legally permissible for any legal question arising from the existence, content and/or interpretation of these T&Cs or any relationship between you and DWP the competent court shall be that of the city of Naples. In cases governed by Legislative Decree No. 206 of September 6, 2005, the mandatory forum will be that of the consumer's residence.