– Premise and Definitions
– Terms of Service
– Conditions of the Activity
– Cancellation & Refund (or Refund Policy)
PREMISE AND DEFINITIONS
PlacenPeople (hereinafter “PnP”) is a web platform / application that provides its Services through the website available at www.placenpeople.com and web properties and blogs connected to it (hereafter “Site”) and through the related applications for mobile devices (hereafter “App”).
For all documents that complements these Terms, the following definitions apply, and regardless of the singular or plural use of the following terms:
- “PlacenPeople” or “PnP” or “Company”: PLACENPEOPLE SRL, VAT number 08125910722, n. rea 605992, with registered office in Bari, at Viale Meucci 19/c – 70125. Any change of this location will be announced by publication on the “contact” page of the Pnp Website;
- “Platform”: a combination of the technological structure used, the contents contained therein and the overall service rendered by PnP, including information concerning Users or Activities. The Site and the Applications are an integral part of the platform;
- “Website”: Community website, which collects profiles and announcements, available at www.placenpeople.com;
- “Applications” or “Apps”: PlacenPeople application for mobile devices, which allows the user to download the contents of the Website after prior download, also with different methods or different application areas;
- “User Profile”: the personal page of the User, created at the time of registration on the Site or the App, containing information relating to the user. It can present a public area (visible to all Users) and an “internal” area (visible and usable by the User to which it relates);
- “Community”: a set of Users who register on the PnP Platform;
- “Community Member” or “MeC”: User who participates in the Community by booking the proposed Activities on the Platform and / or by using the relative contents;
- “Activities”: Experiences and / or services offered by the Organizers or directly by PnP through Announcements published on the Platform, which can be booked by the MeCs;
- “Experiences”: Activities proposed by an Organizer or directly by PnP through the Platform, which may consist of general events (eg concerts), or packaged specifically for individuals or groups (eg boat tours), or food and wine events (Food category – eg cooking class, tastings) or including particular commercial offers (Shopping category).
- “Tour”: Activities consisting of excursions, trips in stages, leisure visits in geographical locations selected by PnP, guided by one or more Community Organizers. The Organizers can be people with proven experience and certified tourist guides (Professional category) or experienced MeCs who wish to offer an activity in the company in the context of places that they know well (Friendly category).
- “Announcement”: post with which an Activity is described on the Platform and proposed to the Community;
- “Booking” or “reservation”: preliminary agreement, concluded between a MeC and an Organizer, about the provision of an Activity proposed on the Platform, according to methods and terms shared in the presentation and booking phase of the same. At the time of booking, the parties deliver a deposit to PnP. The reservation ends when it is accepted by both parties. The main terms of the agreement are recorded on the Platform;
- “Parties of the booking” or “parties of the reservation”: MeC and Organizer who complete the booking agreement;
- “Activity Price”: total amount per person (or per group, if so indicated), that the Mec must pay to participate in an Activity; the Price is intended as not inclusive of anything not expressly mentioned;
- “Deposit”: the amount deposited by the parties (both or only one) at the time of submitting the reservation request, with a mutual guarantee of seriousness and availability to the agreement. This fee is indicated during the booking the booking procedure and is held by PnP, which may retain it in whole or in part in the event of cancellation or activation of an Incident procedure, in accordance with the Terms of Service (link) and the Refund Policy (link); Unless otherwise indicated, this sum coincides with the amount paid to PlacenPeople at the time of booking.
- “Classic Full Payment” or “Online Payment”: payment method in which the MeC pays the entire Activity Price at the time of booking request, including the Deposit. In this case, the Activity Price and the Deposit are clearly indicated in the Announcement and / or in the booking procedure, they are automatically updated according to the number of people indicated by the MeC during booking and viewed by MeC before the sending of the reservation request;
- “Classic Only Deposit Payment” or “Cash Payment”: payment method in which the MeC only pays the deposit at the time of booking request, while the remaining part of the Activity Price will be paid directly to the Organizer at the time of the meeting. In this case, the Activity Price and the Deposit are clearly shown in the Announcement and / or in the booking form of the Announcement, they are automatically updated according to the number of people indicated by the MeC during the booking phase and are visualized by MeC before the sending of the reservation request;
- “Coupon Payment”: payment method used for Price Activities that can not be determined a priori (eg restaurant dinner), in which the MeC requires, with the booking, a Discount Coupon to participate in the same activity, upon payment of the single deposit. In this case, the only value of the Deposit is clearly shown in the Announcement, automatically updated based on the number of people indicated by the MeC during the booking phase and viewed by the MeC before the booking request is sent. The possession of the Coupon is not equivalent to the payment of the Activity Price, which will be determined only for the performance of the Activity and paid directly to the Organizer, but only allows confirmation of the reservation and the discount. The Deposit will be returned to the MeC after the use of the service, in accordance with this Policy;
- “Booking Code”: unique code created by PnP and delivered to one of the two parties (MeC or Organizer) at booking confirmation. The entry of this Code in the Platform is valid as confirmation that the activity has been performed;• “Wallet” virtual container for PnP Credits;
- “Incident Procedure”: procedure activated by PnP to assist the parties whenever there is a justified reason to believe that an activity subject to booking has not been concluded or has not been carried out in compliance with the booking agreements;
- “Team PnP“: group formed by PlancenPeople staff and / or external collaborators, who manages the PNP platform, users and / or contents, collaborating with PnP;
- “Service”: set of activities provided by PnP in order to facilitate exchanges between Mec and Organizers in the Community, as well as to facilitate the use of the Contents of the Site and Additional Materials. The Service does not imply any responsibility of PlacenPeople on the conduct of the booked activity, as represented in the Announcement. However PlacenPeople, through advanced tools (such as feedback request, questionnaires, control and monitoring activities, etc.) supports MeC to measure the reliability of the Organizers, and commits to eliminate from the Community those who do not respect the principles of honesty and integrity;
- “Site Content”: any content published or made available by PnP through the Platform, with the exception of Community Content;
- “Community Content”: any content, in the form of text, messages, images, audio, video or any other technically available form, published through the Platform by the Community Members;
- “Additional materials”: contents of the Site offered in the form of text, images, audio, video or any other technically available form, offered on the Site and offered free of charge, or available for purchase;
TERMS OF SERVICE
1. DEFINITIONS Pursuant to and for the purposes of these Terms of Service, the definitions contained in the section “Premises and Definitions” apply.
5. RESERVATIONS, PAYMENTS AND FINANCIAL TERMS The PnP Platform allows Mec to book the Activities proposed by the Organizers to the conditions identified in the Announcements. To this purpose, the Platform makes available different payment methods, namely: Full Classic Payment, Classic Only Deposit Payment, Coupon Payment.
5.1. Classic Payment.In the “Classic” payment (Full and Only Deposit) the Activity Price is determined by the Organizer during the creation of the Announcement, together with any applicable discounts. The Deposit is determined by PnP in accordance with the provisions of the Organizer’s Conditions, and is equal to a percentage of the Activity Price. The Activity Price is always clearly indicated in the Announcement and during the booking procedure.The total amount to be paid at the time of booking request varies according to the number of people for whom the reservation is made, and is always clearly indicated during the procedure, after filling in the appropriate box and before submitting the request of reservation. At the time of booking the following two different types of “Classic” payment may be available, namely:- “Full Classic Payment”, in which the MeC will pay through the Platform, at the time of submitting the booking request, the entire Activity Price, including the Deposit amount, as indicated in the Announcement and adjusted according to the number of participants. In this case, the obligation of payment of the MeC to the Organizer (with the exception of any additional costs indicated in the Announcement) will be considered extinct with the payment made to PlacenPeople;- “Classic Only Deposit Payment”, in which the MeC will pay through the Platform, at the time of submitting the booking request, the only Deposit amount, by paying the remaining portion of the Activity Price directly to the Organizer at the time of the meeting between the set off.In any case, the Organizer will be obliged to issue an appropriate invoice directly to MeC for the full amount of the Activity Price.
5.2. Coupon payment.Where the cost of an asset is not determinable a priori, or the Activity includes purchases that can not be predetermined with certainty in their amount (eg Shopping category), the Platform may make available the type of payment “Coupon”. In this case, the purchase of the virtual Coupon at the price per person indicated in the Announcement attributes to its sole owner – according to the conditions and the number of persons indicated in the Announcement and on the coupon itself – the right to a percentage discount on the price of the Activities or planned purchases.The price of the single Coupon is determined by the Organizer when creating the Announcement. The same is equal to the value of the Deposit fee and is always clearly indicated in the Announcement published on the Platform. The total amount to be paid at the time of booking request varies according to the number of people for which the reservation is made and is always clearly indicated during the booking procedure, after filling in the appropriate box and before the sending of the reservation request.The Activity Price, on the other hand, will be paid by MeC directly to the Organizer during the performance of the Activity, or in any case according to the methods indicated by the Organizer, and not through the Platform.In the “Coupon” payment the sum paid for the purchase of the coupon will not be returned to MeC in the event that he does not show up to the Activity, or he is unable to confirm his presence with the reservation code, and so with exception for Incident cases, according to the procedures established in the Cancellation & Refund (link) section.
5.4. Acceptance and confirmation of the reservation.The reservation request made by MeC is finalized upon acceptance by the Organizer, who uses a special feature available on the Platform for this purpose. Users agree to consider every transaction binding on the date on which PlacenPeople registers in its systems the acceptance of the Reservation request made by the Organizer; for the definition of starting time of each day, reference is made to the Central European time zone (CET or CEST).The Platform suggests to the Organizer an average time within which to confirm the reservation (usually 24 hours), which however has no peremptory nature, the Organizer being able to confirm the booking even after this deadline expires.The MeC can withdraw the booking request as long as it has not been accepted. In this case, PnP will return to MeC the full amount paid at the time of booking request (Activity Price or Deposit).Following acceptance of the booking request by the Organizer, confirmation of the booking will be sent to the MeC by communication to the email address indicated during registration and / or in its User Profile. This confirmation will include the main useful and / or necessary information for the performance of the booked activity.PlacenPeople reserves the right, for security reasons or to prevent possible frauds, to cancel the booking even if confirmed, returning the entire amount paid at the time of booking request (Activity Price or Deposit), and that this operation will not give rise to any further claim by the MeC or the Organizer.If the Organizer refuses the booking request of the MeC, PnP will return to the latter the entire amount paid at the time of booking request (Activity Price or Deposit), variable depending on the type of payment used (Classic Payment, Only Deposit o Coupon).
5.5 Recharge and use of the WalletThe Wallet is a virtual portfolio that has the function of containing the PlacenPeople credits, useful for the purchase of the activities proposed on the Platform or the Additional Materials. The Wallet can be recharged from the Mec by payment on a PnP Paypal account, and he will receive the credits corresponding to the sum paid. The monetary value of the credits in the Wallet will be retained by PnP in a company bank account. PnP reserves the right to impose a minimum threshold value to recharge the Wallet, not exceeding € 20.00.The use of the Wallet is not compulsory, since the MeC may choose to purchase the Activity by paying the required fee each time, at the time of each individual booking. If there is sufficient credit in the Wallet, the Platform will use this credit as a priority, without requiring the use of other payment systems.Credits in the Wallet, or part of them, can be transferred to other MeCs through the purchase of gift certificates (Gift), which will be used by the recipient to recharge his/her Wallet, provided that he/she is a Community Member. The MeC accepts to be able to receive credits from other members of the Community only by way of donation.The MeC accepts that PlacenPeople reserves the right to limit, in value or number, transactions that include a transfer of credits between members of the Community.The recharge of the Wallet made by MeC has the value of a security deposit unproductive of interests and does not give rise to the creation of a receipt or invoice.
5.6 Reimbursement of credits in the WalletThe credit in the Wallet can be reimbursed to MeC who requests it by registered letter with return receipt to be sent to the registered office of PnP, attaching to the request a photocopy of an identification document proof of the applicant’s identity. Only credits related to active User Profiles at the time of return can be reimbursed. In no case will PnP proceed to the repayment of credits related to already deleted or disabled User Profiles.Provided that the use of the Wallet is not mandatory, the MeC accepts that PnP proceeds to the reimbursement of only credits related to recharging operations carried out by the same Mec through payment instruments external to the Platform (eg Paypal). Therefore, credits originating from “gift” or donations from other MeCs, or any bonus credits recognized by PlacenPeople, can not be reimbursed.PnP reserves the right to request additional information from the user, with the aim of preventing frauds, and undertakes to reply within 30 days from the request, reserving the right to verify the payability of the credit in question. For this necessary control activity, PnP reserves the right to charge to the user, for each refund transaction, a cost equal to 20% of the residual credits and, in any case, not higher than €. 10.00, in addition to fees charged by third parties (eg Paypal commission).
5.7 Payments and tax documentsThe MeC accepts that, at the time of booking request, PlacenPeople proceeds, depending on the chosen payment method, to withdraw the Deposit or the entire Activity Price from the Wallet of the MeC or address the User, in the absence of sufficient credit, payment via an external circuit (for example via Paypal) and / or electronic payment cards, or proceed to obtain a pre-authorization to pay the Activity Price on the electronic card indicated by the User. The MeC accepts that PlacenPeople has no control or responsibility for any fees charged to MeC by its bank for such transactions.Users accept and understand that PnP operates solely as a provisional agent, offering a collection service, by name and account of the Organizer, of the payment made by MeC. After receiving confirmation of the positive conclusion of the activity by inserting the Booking Code, PnP will in fact make payment to the Organizer, reduced by the service charges.The MeC, recognizing the role of mere intermediary to PnP, understands and agrees to have to request receipt or invoice for the entire Activity Price directly and exclusively to the Organizer, which undertakes to issue it pursuant to current legislation, and that the Organizer is the only person responsible for its missing / erroneous issue.The fiscal documentation will be issued by PnP to MeC only for the purchase of material or services directly provided by PnP itself.
5.8 Activity Confirmation and Booking CodeFollowing the booking confirmation, PnP will make available the Booking Code to MeC (in the event of a Classic Full Payment and Only Deposit) or to the Organizer (in the case of Coupon Payment).In the event that the Booking Code is in the possession of the MeC, the latter must communicate it to the Organizer during the activity. The Organizer undertakes, in any case, to enter the Reservation Code within the following 24 hours from the scheduled start of the Activity.The parties accept that the communication of the Reservation Code applies, among themselves, as a declaration of positive performance of the Activity. This declaration excludes the Incident procedure and authorizes PlacenPeople to transfer to the Organizer the sum paid by the MeC at the time of booking, reduced by service charges. With the same, MeC and Organizer declare, moreover, to have nothing else to claim in relation to the aforementioned reservation, and renounce to any claim against PlacenPeople. The parties relieve PnP from any responsibility regarding the erroneous or omitted communication of the Booking Code, renouncing any claim against the Company, including the request for access to information on the other party and referring to the indications in the Cancellation & Refund section ( link).The parties agree that, if the Booking Code is not inserted within the next 24 hours at the scheduled start of the Activity, PnP can initiate the Incident Procedure detailed in the Cancellation & Refund section, proposing a conciliatory solution of the dispute arising between parts. In this case, the transfer to the Organizer of the amount paid by the MeC at the time of booking, reduced by service charges, will take place only after the conclusion of the Incident Procedure, and in any case no later than fourteen days from the start of the same, as envisaged in the Conditions of the Organizer. In any case, the further rights of the parties remain in place, exercisable in the appropriate offices.
5.9 Cancellations, refunds and Incident procedureIn case of refusal or non-acceptance of the reservation by the Organizer, cancellation of the reservation by the MeC prior to confirmation by the Organizer, or cancellation of the reservation by the Company, PnP will return the entire sum paid by MeC at the time of booking (Activity Price or Deposit).In case of booking already confirmed and subsequently canceled by one of the two parties, the provisions of the Policy Cancellation & Refund (link) will be applied.The MeC and the Organizer relieve PlacenPeople of any responsibility related to cancellations made by the other party. As far as the consumer user is concerned, all the rights recognized by the sector legislation remain valid, which can enforced directly against the Organizer.The MeC and the Organizer renounce any claim against PlacenPeople regarding reservations canceled by PlacenPeople itself, judging sufficient the return of the installments paid as a deposit or activity price.The MeC and the Organizer accept from now on that, in the event that Reservation Code is not received through the appropriate functionality of the Platform within the next 24 hours at the beginning of the activity indicated in the booking, PlacenPeople can activate an “Incident procedure”, described in detail in the policy Cancellation & Refund (link).
5.10 Currency The currency used in the Platform is the Euro.
6. BONUS CREDIT AND ADDITIONAL MATERIALS
PlacenPeople may, at its discretion, issue a substantial bonus to members of the Community. These bonus credits are kept in a special section of the Wallet, are not convertible into cash and can be used only for the purchase on the platform of Additional Materials.The Additional Materials are files or materials collected and proposed on the Platform, generally combined with given geographical locations and characteristics of them. The purchase of such materials, which may be available on the Platform, allows access to these contents through the Platform for a limited time (5 days unless otherwise indicated) and the possibility to download such contents in the form of text, images, audio, video or any other form technically available directly from the Platform (Download). Additional Materials purchased may be used for private and non-commercial use only.In the event that the MeC does not have sufficient credit bonuses, it can proceed with the purchase of Additional Materials using credits possibly present in its wallet, or in the absence of them the normal payment methods (Paypal or electronic payment cards).The MeC accepts that the direct purchase of Additional Materials from PlacenPeople does not result in any possibility of return or reimbursement for the contents purchased.
7. COMMUNICATIONS, MESSAGING AND FEEDBACK
7.1 Messaging and communications
PlacenPeople provides a messaging service on the Platform, with the main purpose of supporting the communications between MeC and Organizers in preparation for the activities. The MeCs accept that such support is only accessory to the Service provided by PlacenPeople, that its operation may be limited by PnP, and that the exchanged messages may be viewed and subject to moderation by Team PlacenPeople. MeC and Organizers understand that the management and provision of services available on the Platform entail a cost for PnP, and therefore undertake to use it ethically, not using the functionalities provided by the Platform, or the information collected through it, with purposes other than those permitted by PlacenPeople.The MeCs accept that PlacenPeople can communicate via e-mail, or through other means and according to the contact details provided by Users, notices and information useful for the operational development of the Service.The user understands and agrees that in the automated communications coming from the Platform errors may be contained and, in the case of their detection, undertakes to notify via email to PlacenPeople; PlacenPeople undertakes to send correct communication within fifteen days of receipt of the notification by the user.
PlacenPeople provides a platform feedback service; this service allows MeC and Organizers, following the performance of an Activity, to assign a personal vote and a comment to the other party, with reference to some parameters of judgment. In the event that a MeC should participate in an activity free of charge, the exchange of feedback between the parties will not be allowed, in order to keep the level of reliability of the feedbacks high.MeC and Organizers accept from now on that the feedback received is displayed on the Platform and also visible by other Users, in textual form or also through graphical or numerical representations of the same, and also in compound forms through mathematical methods (as, for example, the average of the votes received). Users accept that this feedback can generally be positive or negative. PlacenPeople, on its own initiative or at the request of a user, can choose at its sole discretion to remove or modify feedback that contains offensive or defamatory content. The User also accepts that PnP can not in any case be held responsible for the content of the feedback itself, and that at its sole discretion it may choose to keep the original feedback visible. PlacenPeople reserves the right to collect feedback and publish it in reference to interested users, also through means other than the functionality available on the Platform.
8. USE OF SERVICES AND PLATFORM.
User agrees to be the only responsible for the use of the Platform (Site or Applications) and related Services. In using the Platform, the User agrees not to violate any applicable law, nor the terms of these Conditions, and not to cause damage or disruption to third parties, nor to damage their rights, assuming any consequent liability. The User undertakes to indemnify, in any case, PlacenPeople from any consequent claim.In particular, the User undertakes to:
- not to spread or help spread malware, viruses or other files that may cause damage or limit the operation of the Services or of the Software and Hardware, of PlacenPeople or even of third parties;
- do not change or hide his/her own identity or attribute the identity of others;
- not to collect and / or disclose personal data of others;
- not to collect user data about their use of the platform, or participation in Activities, or publication of announcements, beyond what is necessary for the normal personal use of the Service;
- not to carry out any propaganda, sponsorship, advertising of any content present on the Platform, attributing the name PlacenPeople, or without clearly highlighting its non-involvement with the Company;
- do not cause prejudice to third parties or other Users.PlacenPeople reserves the right to exercise every useful action to limit the prejudicial consequences of the Users’ behavior, including the cancellation of the User Profiles without notice. PnP’s right to exercise all the rights provided for by art. 1456 c.c. (Italian Codice Civile) and any other applicable law, as well as the right to compensation for greater damage.
9. USER CONTENT
The user guarantees that the contents published by him or exchanged via the Platform:
- are in his ownership and / or legal availability;
- do not harm any third party rights, including industrial / intellectual property rights;
- do not contain any material that is against the law, pornographic, offensive, defamatory, incitement to hatred, racism or any form of fanaticism, or relating to minors.Following their upload to the Platform, these contents become part of the “Community Content”. On such contents Pnp can exercise a control activity intended only to discourage the inappropriate use of the Platform, but not to guarantee the correct use by the users, or to endorse such contents as to legality, truthfulness, correctness.The User therefore assumes all responsibility for the contents published by him, obliging himself to hold PlacenPeople harmless from any third party claims in relation to them. PlacenPeople will not be responsible for any loss or deletion of the contents entered by the User on the Platform.By publishing any content on the Platform, the User grants PlacenPeople a non-exclusive, perpetual and free license to use such content. also but not only for commercial purposes. PlacenPeople, while normally making available to the User through the appropriate features of the site the contents introduced by it, has no obligation to search for such content, or to find information, to provide it or make corrections on behalf of the user.The User has a public profile available, in which he can upload some information that will be visible to others (eg photo, description, etc.). PlacenPeople reserves the right, at its sole discretion, not to publish certain contents in the profile, or not to accept changes made by the User.
10. WARRANTY AND ASSISTANCE
With reference to the Paid Services offered by PnP, the Company undertakes to:
- guarantee that the Service is carried out in compliance with what is described in these Conditions;
11. EXCLUSION OF LIABILITY
Unless otherwise stated on the Platform, MeC agrees that PlacenPeople limits its liability to:
- make the Platform and its contents available, unless interruptions due to technical, economic or legal reasons, or as set out in the Terms of Service;
- facilitating contacts between the Mec and the Organizers, including the payments to be made through the Platform. PlacenPeople does not assume the role of agent or mediator, nor has any responsibility for the fulfillment of the obligations assumed by the Users and the Organizers through the Platform. The Incident procedure has the sole purpose of improving the user experience, and discouraging inappropriate uses of the Platform itself, without however allowing PlacenPeople to take any responsibility for the correctness of the results of the investigation carried out.PlacenPeople checks the veracity of the identity and qualification information provided by the Organizers, and the content of the Announcements. However, this control is conducted in ways that, while increasing the overall level of security and reliability, can not be completely error-free. Furthermore, PnP does not verify the truthfulness of the information provided by the MeCs. Therefore, each User is solely responsible for establishing the identity and reliability of other Users and the suitability of the Announcements contained in the Platform.The User understands that even if it is indicated on the Platform the participation of other MeC to an Activity proposed by an Organizer, and the User makes a reservation based on such participation, PlacenPeople can not provide any guarantee on the actual presence of such MeC at the time of the Activity, or on the correspondence between such MeC and the information present on their User Profile, nor can it exclude the participation of other MeCs or people in general.PlacenPeople shall not be liable for any damage or prejudice arising from interactions between Users, including, but not limited to, the obligations deriving from Bookings, the prejudices deriving from the non-fulfillment of the Agreement or the non-completion of the Activity.Any reference in the Site and in the Apps to the fact that a MeC is “verified”, or that an Organizer is “Professional” (or similar indications), indicates exclusively that the User has completed the system verification procedure for registration purposes, or that the Organizer has sent the material proving his attributions (certificates, licenses, etc.). These references do not constitute PlacenPeople’s certification or guarantee regarding the identity, qualifications, or reliability of such MeC or Organizer, but only that PlacenPeople has collected information. Therefore, in using the Service, all the MeCs are required to always pay attention in the interaction with other users.Users are aware that the use of the Platform may involve interaction with other Users and that PlacenPeople can not control topics and content published or exchanged. Furthermore, PnP declines all responsibility in relation to the Announcements and Reservations of which it is not a part and can not be held responsible in any way. It also disclaims any responsibility for sites or services of third parties, accessible through links or indications provided on the Platform, and over which PnP has no control.PlacenPeople does not guarantee that the Platform is usable from any geographical area, or at any time, or in any connectivity condition. However PlacenPeople will use every reasonable tool to keep the Platform available. Users exclude any responsibility of PnP for the malfunction of one or more features of the Platform (Site or App) in the following cases:
- malfunctioning (even partial) of the User’s hardware or software equipment;
- malfunctioning (even partial) of PnP hardware or software;
- unauthorized or incorrect use by the User;
- unauthorized access to PnP systems by third parties;
- malfunction of the internet or telephone network;
- force majeure;
- any cause not directly attributable to PlacenPeople or its employees;
12. LIMITATION OF LIABILITY
The User uses the Platform and its services at his own risk. Unless otherwise provided by law, PnP, its third party licensors and its suppliers or collaborators are not, in any case, liable to the User or third parties for direct, indirect, consequential, incidental, special or punitive damages or loss of any kind, including, without claim to exhaustiveness, loss of profits, loss of contracts, business interruption, loss or corruption of data, whatever the cause and regardless of whether it occurs in the contract or due to a tort, including negligence, even if PlacenPeople has been warned of the possibility of such damages.
13. DURATION OF THE REPORT AND WITHDRAWAL
The relationship between PlacenPeople and the User is permanent, starting from the moment in which the User’s registration on the Platform is approved.The user can withdraw from this relationship at any time by deleting his own MeC Profile through the appropriate functionality of the Platform, or by sending a communication to PlacenPeople by registered letter with return receipt, correlated by a photocopy of his own identity document, as well as by any useful indication to make the Profile identifiable. Following the deletion of the Profile from the Platform, PlacenPeople will have no obligation to keep information about the Users, the contents published by them and the transactions carried out.
Communications to PlacenPeople must be made to the PlacenPeople address available in the Contact Area.PlacenPeople can make communications to the User in different ways:
- by message, through the appropriate functionality of the Platform;
- by ordinary mail, telephone, skype, whatsapp, facebook or email, using the data provided by the User during registration or later;
- by publication on the Site, in the public area, or in the Internal area;
- through further possible communication tools, the use of which will be announced via publication on the site with a minimum of 30 days in advance;The communications published on the Site and in the Application are deemed to be received at the first useful access made by the User, or in any case no later than 7 days from their publication.Communications received from PlacenPeople from MeC’s registration email addresses may be deemed to come from a reliable source without further confirmation or verification, so it will be at Placenpeople’s discretion to consider the content of such communications suspicious or trustworthy. In the event of loss, theft, or improper use of the access credentials of email, User releases the Company from any responsibility for actions taken by it on the basis of the communications received.
14.2 Agreements with Team PlacenPeople
14.3 Intellectual Property
The User acknowledges to PlacenPeople the intellectual property rights on the Platform and its contents, on the technical methodologies, on the graphics of both the Site and the Apps, on the software, on the Service, on the modalities of business, and in general on everything related to PlacenPeople can be evoked from the platform itself, and for which an intellectual property right is recognizable, and undertakes not to copy or reproduce even partially such elements, except with the written consent of PlacenPeople. Only exception to the above are:
- the contents entered by the User on the Platform;
- the contents of the Community, for which the User does not recognize the exclusive property of PnP (being generated by other Users), but nevertheless undertakes not to use them for purposes other than those provided for in these Conditions.
14.4 Collaborations and roles in the community
14.5 Conditions, law and jurisdiction.
CONDITIONS OF THE ACTIVITY
The following Conditions govern the delivery of the activity by the Organizer in favor of the MeC. Users undertake to read and accept these Conditions each time they make or accept a Booking.
- PAYMENT METHODS
The MeC which sends a reservation request undertakes to pay the Price of the Activity indicated in the relevant Announcement, as better described in the Payments section (link) of the Terms of Service.The Announcements clearly specify the existence of any Additional Costs, which can be estimated or not estimated at the time of booking the Activity, which will be directly paid by MeC to the Organizer or to a third party during the performance of the Activity.
- CONCLUSION OF RESERVATION
The announcements do not contain contractual proposals, but merely invitations and offers of services, on the basis of which MeC and Organizer reach an agreement. This agreement is considered, in fact, finalized when the Organizer accepts the booking request for the MeC (see section 5 of the Terms of Service)
- SUPPLY TERMS
The Organizer undertakes to carry out the activity in accordance with the instructions provided in the Announcement and agreed with the MeC at the time of booking, including any requests from the MeC sent at the time of booking request through the appropriate function.
- WARRANTY AND ASSISTANCE
The Organizer offers MeC all the guarantees required by law for the sale of goods and the supply of services, including the special guarantees referred to in the Consumer Code, where applicable to the specific case.In particular, with the acceptance of these Conditions, the Organizer undertakes to offer the following guarantees to MeC, and even if not expressly provided for by the relevant legislation:
- eliminate to its exclusive expenses any discrepancy or defects of the Activity or Service, or guarantee a congruous and proportional reduction of the price originally agreed for its use; carry out the activity in accordance with the Italian regulations or in any case of the different country in which this activity takes place;
- receive feedback regarding the conduct of the activity, without using any means to obtain a change;
- accept the role of PnP as arbitrator / decision maker in the Incident procedure, in compliance with the provisions of the Refund Policy (linK);For any assistance needs, the MeC can contact the Organizer at the contact details provided by him.
- RIGHT OF WITHDRAWAL
Each of the two booking parties (MeC and Organizer) has the right to cancel the booking until confirmed. In this case, PlacenPeople will return to the MeC the sum eventually received as a deposit for this reservation.If a confirmed booking is canceled, the provisions of the Cancellation & Refund document are applied.
- APPLICABLE LAW
These Terms are deemed to be finalized in Italy and are subject to Italian law.
CANCELLATION & REFUND (REFUND POLICY)This Policy regulates the Cancellations of reservations made through the PnP Platform and the relative Reimbursement requests, coming from MeC or Organizers, finding application to all Users who have concluded a Reservation through the Service.
- CANCELLATION PREVIOUS TO THE DATE OF PERFORMANCE OF THE ACTIVITY
In case of refusal or non-acceptance of the reservation by the Organizer, cancellation of the reservation by the MeC prior to confirmation by the Organizer, or cancellation of the booking by the Company, the entire sum paid at the time of booking as a Deposit or Price Activity will be returned by PnP to MeC.In case of booking already confirmed and subsequently canceled by one of the parties, PnP will return, retain or transfer, even partially, the sums paid by the parties, according to the percentages indicated in the appendix to this Policy, distinguishing the following cases:
- Cancellation up to 24 hours before the midnight of the date of the activity;
- Cancellation less than 24 hours before the midnight of the date of the activity, and in any case before the date of the Activity;
- Annulment on the date of the Activity, in which an “Incident situation” is identified
- INCIDENT SITUATION
3.1. Incident case
PlacenPeople may recognize an “Incident” situation in the following cases:
- when the MeC or the Organizer can not be found in the place and at the time agreed during the booking phase for the performance of the Activity;
- when the MeC or the Organizer cancel the reservation on the date set for the carrying out of the Activity;
- when the Activity is carried out only partially, for reasons attributable to the Organizer or the MeC, or even for other causes independent from them, where the Organizer has not attempted to offer valid alternatives to solve the problem or replace the Activity (or part of it) identified as impractical.In such cases, the failure to insert the Reservation Code signals to PnP the existence of a potential problem.With the sole purpose of facilitating the good resolution of the problems arising between the parties and increasing the level of protection of Users, PnP has the right to activate, in the cases described above, an “Incident Procedure” aimed at achieving a friendly agreement between MeC and Organizer, using any instrument deemed appropriate for this purpose, including any use of IT tools, and in any case in compliance with the Users’ Privacy. In the event that an Incident Procedure is initiated, PnP will hold the sum paid by the MeC at the time of the reservation request until the outcome of the procedure in question and, in any case, no later than 14 (fourteen) days from its start, with precautionary purposes.If during the Incident Procedure the parties are unable to reach a spontaneous agreement, PnP will formulate a proposal for a fair resolution of the dispute. This proposal must be considered binding on the Organizer, who undertakes to accept it as of now, in compliance with the provisions of the Conditions of the Organizer. The same proposal can be, however, accepted or rejected freely by the MeC.The Incident Procedure is successful if the parties reach a spontaneous agreement or where the MeC adheres to the proposal for a fair resolution of the dispute formulated by PnP; the same has, instead, negative result where the parties do not find an agreement or the MeC refuses the conciliatory proposal formulated by PnP.If successful, PnP will execute the agreement reached between the parties, being able – by way of example but not exhaustive – to return to MeC, in whole or in part, the sum paid at the time of booking request, or transferring this amount, in whole or in part, to the Organizer, reduced by service charges. In any case, the Organizer will be required to pay the Promotion Fee due to PnP, as regulated by the Conditions of the Organizer.In the event that the agreement reached between MeC and Organizer certifies a serious non-fulfillment of the latter (eg absence in the agreed time / place for carrying out the Activity), PnP will treat the Deposit paid by the Organizer upon confirmation of reservation as a penalty, and in accordance with the provisions of the Conditions of the Organizer. Likewise, the Deposit may be retained as a penalty if the Organizer refuses the proposal for a fair resolution of the dispute formulated by PnP, becoming in breach of the obligation of relative acceptance.In case of a negative outcome, PnP will limit itself, instead, as an intermediary for the collection of payments and therefore not entering into the merits of the relationship, to transfer to the Organizer the amount paid by the MeC at the time of booking request (reduced commission and promotion fee). In any case, in order to protect the MeC, the practicability of all the actions envisaged by current legislation, including consumer legislation if applicable, against the Organizer, shall remain valid.
The MeC who is not satisfied with an activity carried out can not request a refund. The same can, however, express its own evaluation through the feedback form, given that the Organizer is interested in obtaining good reviews, since the probability of carrying out future activities depends on them.
3.3 Method of providing the refund
In the event that an Incident Procedure is initiated, the User who believes that he has suffered an inconvenience must cooperate through all the following actions:
- describe to PlacenPeople the problem that occurred through a specific email or telephone;
- provide appropriate evidence and information regarding the circumstances of the problem within and no later than 24 hours from the scheduled time for the performance of the Activity, undertaking to promptly provide any further specification requested by PnP;
- collaborate with PnP to solve the problem;
- demonstrate that he is not responsible, directly or indirectly, for the problem (through action, omission or negligence);
- demonstrate that he has attempted to resolve the problem with the other party directly before contacting PlacenPeople;
- give the possibility (in the case of the MeC) to PnP to solve the problem by offering an alternative activity instead, but comparable in terms of duration, place, content and characteristics.In case of Incident procedure, the conditions of this Policy prevail over what may be reported by the Organizer in Announcement.PlacenPeople’s refunds of sums to MeC and Organizers will occur routinely through the same medium through which they were paid: the sums taken from the Wallet will be credited back to the Wallet, the sums coming from the electronic payment card, or Paypal, will be credited back on these cards or on the Paypal account. PlacenPeople is not responsible for any amounts debited by third parties (eg Paypal) for such transactions.
- VARIOUS TERMS
For any queries regarding the Refund Policy, the User can contact PlacenPeople at the addresses on the website www.placenpeople.com in the Contact section. APPENDIX Cancellation & refund – Percentage table
Percentage restitution of the deposit*
To cancelling party
To other party
Cancellation up to 24 hours before midnight of the activity date
Cancellation less than 24 hours from the date of activity
|according to conciliation||according to conciliation|
|Percentage of return of remaining Activity Price**||
Cancellation up to 24 hours before midnight of the activity date
Cancellation less than 24 hours from the date of activity
according to conciliation
according to conciliation
according to conciliation
according to conciliation
*the deposit coincides with the part paid at the time of booking, at confirmation of the same
** if paid and net of the part used as a deposit. Not applicable in “Coupon” mode