General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF CONTRACT AND USE OF TRAVELMAR SERVICES AND/OR DIGITAL CONTENT
These General Terms and Conditions govern access to and use of all Services and/or Digital Content offered by TRA.VEL.MAR S.r.l. (“Travelmar”), a company based in Amalfi (SA) at Via Duchi Piccolomini, VAT 07294870634, through its digital touch-points available on the “Platform/App”: website www.travelmar.it, the portal for accessing Services and/or Digital Content, onboard Wi-Fi, and webzine www.travelamalficoast.it (collectively referred to as “Services and/or Digital Content”).
The Platform/App provides informational content, ticket booking and purchase services, wireless Internet access, multimedia content, and integrated services and/or digital content for maritime transport along the Amalfi Coast. The General Terms and Conditions apply to both consumers, in accordance with Legislative Decree 206/2005 (hereinafter, the “Consumer Code”), and to entrepreneurs, professionals, other economic operators, and public administrations, unless it is explicitly stated that specific rules apply only to certain categories of users.
These General Terms and Conditions, which the User explicitly accepts through a “point and click” system and implicitly accepts by using the Services and/or Digital Content of the Platform, are available in both Italian and English and serve as the sole reference document for all the aforementioned touchpoints. By accepting these terms, a User acting as a consumer agrees to receive (and confirms receipt of) all information required by Art. 51 of the Consumer Code.
1. DEFINITIONS AND SCOPE OF APPLICATION
In these General Terms and Conditions, the following terms have the meanings specified below:
“Access”: the User’s entry into the Platform by entering Authentication Credentials.
“Account”: the User’s personal profile, including the reserved area and associated functionalities.
“App/Platform”: the integrated set of Travelmar digital touch-points.
“Content”: any material (texts, images, videos, audio, software, databases, etc.) present on the Platform.
“Credentials”: username and password used to access the Account and use the Services and/or Digital Content.
“Digital Content”: data produced and provided in digital format, including multimedia catalogs of various types (texts, documents, images, photographs, learning objects, animations, sounds, tests, flashcards, executable programs, paid and free training content, etc.) owned and/or exclusively available to Travelmar, for which Travelmar holds all rights of use and economic exploitation.
“Services”: provision of Digital Content in the User’s reserved area; access to such content through specific software (e.g., reading apps or similar); functionalities offered through the Platform (e.g., wireless Internet connectivity); wireless Internet connectivity services.
“Paid Services and/or Digital Content”: functionalities and content that require payment of a fee.
“Free Services and/or Digital Content”: functionalities and content available free of charge.
“User”: any individual, consumer, and/or professional accessing the Platform.
“Registration”: a procedure that allows the User to create their own account for Platform access by providing a valid email address, password, and certain identifying data.
“Onboard Wi-Fi”: wireless connectivity services on board the vessels.
“Consumer Code”: Legislative Decree no. 206 of September 6, 2005.
“Consumer”: a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out pursuant to Art. 3, para. 1, letter a) of the Consumer Code.
“Functionality”: the ability of the digital content or digital service to perform all its intended functions.
2. REGISTRATION AND ACCOUNT CREATION
Access to Travelmar digital touchpoints, through the websites or by downloading the mobile app, enables the User to use Services and/or Digital Content that may require prior registration and the creation of a personal account.
Where registration is required, it is reserved for:
- Natural persons aged 14 or older
- Legal entities through their legal representatives
- Authorized agencies and tour operators
Registration on the Platform/App is free and has no expiration. It requires creating a personal account by providing identifying data, a valid email address, selecting an individual password, explicitly accepting these General Terms and Conditions, and reviewing the Privacy Policy, provided in a separate document. The User agrees to provide accurate, updated, and complete data and to keep it updated.
Access credentials are personal, non-transferable, and must be kept strictly confidential. Travelmar is not responsible for any misuse arising from improper handling of credentials. The User is responsible for activities carried out through their Account and for any damages caused by unauthorized access.
Personal data provided during Registration will be processed in compliance with EU Regulation 2016/679 (GDPR) and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018, according to the methods set out in the Privacy Policy, which is provided before Registration.
Access to and use of Services and/or Digital Content is also subject to the Cookie Policy, whose terms are available on the Platform.
The right to use the Services and/or Digital Content is personal and non-transferable. The User agrees not to resell or otherwise commercially exploit the Services and/or Digital Content provided by the Platform.
3. SERVICES AND/OR DIGITAL CONTENT OF THE PLATFORM
Travelmar grants the registered User the ability to use the Services and/or Digital Content available on the Platform/App. The User may access any free and promotional content, as well as paid content, and may use informational Services and/or Digital Content dedicated to the territory and its economic operators.
The User may access the Internet, free of charge, through Wi-Fi technology and network operators, without a subscription, and enjoy content such as tourist itineraries, commercial information, and interactive Services and/or Digital Content, including augmented reality content, discounts, and personalized itineraries.
Free Services and/or Digital Content:
- Consultation of schedules and fares
- Tourist information
- Editorial content of the webzine
- Onboard Wi-Fi (basic functionality)
- Mobile App (basic functionality)
- Partner program for agencies
Paid Services and/or Digital Content:
- Online ticket purchase
- Onboard Wi-Fi (premium functionality)
- Premium multimedia content
- Augmented reality content
- Personalized itineraries
Services and/or Digital Content are provided “as is” and without any warranties regarding their content, subject to availability.
The Company reserves the right to modify the features of the Services and/or Digital Content; suspend or discontinue provision; limit access to certain functionalities; or introduce new Services and/or Digital Content.
3.1 PURCHASE OF SERVICES AND/OR DIGITAL CONTENT
To access paid Services and/or Digital Content, the User must go to the “E-commerce” section on the Platform/App, select the desired Service and/or Digital Content, verify availability and the relevant price, enter billing details, choose a payment method, and receive all pre-contractual information required under Art. 49 of the Consumer Code, and then confirm the order.
Some payment methods may not be available, depending on the type of Service and/or Digital Content purchased, and/or the purchaser's status. The available payment options for each Service and/or Digital Content will be clearly shown during the purchase process.
The purchase of Services and/or Digital Content is made online by choosing one of the accepted payment methods. Available payment options, which may differ based on the User type, are:
- Credit/debit cards
- PayPal
- Bank transfer
- Other methods indicated on the Platform
Aside from standard bank transfers, the purchase is finalized immediately once the form on the platform is correctly completed and the payment is successfully transferred. If a standard bank transfer is selected, the Services and/or Digital Content will become active only after Travelmar actually receives the payment. Failure to obtain the transfer at least 3 days before the scheduled service date will require payment at the ticket office at least 60 minutes before the service. If payment is not made, the order and any associated discount codes will be canceled.
Paid services and digital content become accessible only after the purchase process is completed correctly. Travelmar will send an order confirmation via email after verifying the order’s completeness and accuracy, as well as the availability of the Digital Content ordered.
Billing for paid Services and/or Digital Content, when required and/or applicable, will be issued via electronic invoice, available in the reserved area of the Platform and sent to the email address provided by the User during registration and account creation.
4. INTELLECTUAL PROPERTY, USAGE LIMITATIONS, AND TECHNICAL PROTECTION MEASURES
All industrial and/or intellectual property rights are protected under copyright law (Title IX of Book V of the Civil Code, Arts. 2575-2594 c.c., as well as Law No. 633/1941, as amended by Legislative Decree No. 169/1999) and/or the Industrial Property Code, approved by Legislative Decree 10.2.2005 No. 30, or other applicable laws, safeguarding, but not limited to, know-how, source code, software, hardware, designs, applications, patents, trade secrets, formulas, algorithms, models, databases, and similar materials related to the Application, data, and other materials from the Sites or third parties, made available through the Platform.
Travelmar is the sole owner of the Platform/App and its associated functions through which the Service and/or Digital Content are provided and managed, along with all related rights connected to the exploitation of the Platform.
The Sites and all content, including trademarks, logos, icons, and texts, are the exclusive property of Travelmar. The User is granted a non-exclusive, non-transferable license limited to personal use, which is revocable and not sublicensable. Using Digital Content as described above constitutes only a convenience for the User and does not imply a grant, waiver, or other limitation of any intellectual property rights related to Digital Content owned or controlled by Travelmar.
Travelmar makes no warranties about the content on the Platform and disclaims any liability related to it.
Downloading and using Platform content is permitted only for personal use, unless the Company explicitly authorizes its use for business purposes.
The User clearly understands and agrees that reproducing, copying, modifying, transmitting, selling, publishing, creating derivative works from, removing copyright notices, or commercially exploiting the content is prohibited. Any permission requests should be sent to info@travelmar.it.
Travelmar reserves the right to block User accounts at any time, even without notice, if they are suspected or found to be violating copyright or intellectual property rights. The User will lose rights to the Services and Digital Content and will no longer have access to Digital Content if they delete their account created on the Platform at the time of registration. As a result, when the account is deactivated, the License to Use Digital Content is automatically terminated, and the User will no longer be able to use or access the downloaded Digital Content or access it via the App.
The User acknowledges and accepts that Digital Content and Services may include technological protection measures under copyright law (Law No. 633/41). These measures may consist of devices or components designed to prevent or restrict unauthorized acts by rights holders. Such content might also display electronic rights information indicating usage terms, the author, or other rights holders, along with numbers or codes representing this data. Any unauthorized use of Digital Content is strictly prohibited and subject to legal penalties; anyone who duplicates, reproduces, transmits, publicly distributes, sells, rents, transfers, or projects protected works for profit, or removes or modifies technological protection measures and/or electronic rights information, faces penalties.
5. SUSPENSION AND MODIFICATION OF SERVICES AND/OR DIGITAL CONTENT, USER OBLIGATIONS, AND LIMITATION OF LIABILITY
Travelmar provides its Platform and related features to Users without any obligation to deliver specific Services and/or Digital Content. The Content available on the Platform/App can be accessed on all compatible Devices. Travelmar reserves the right to alter the content or functionalities, suspend, or discontinue, in whole or in part, the Services and/or Digital Content at any time, even without prior notice, and is not obliged to explain these actions. By accepting these General Terms and Conditions, the terms of use, and any other information on the portal, the User assumes full responsibility for using the Services and/or Digital Content and for the data entered into the records. The User must keep the Password and User ID confidential; these credentials are strictly personal, non-transferable, and used for authentication.
The User agrees to take all necessary security measures to prevent unauthorized access to the Services and/or Digital Content by third parties. The User remains solely responsible for any events, theft, or loss of the User ID and Password, and for any resulting breach of confidentiality. Travelmar is held harmless from any consequences, including tampering, destruction, deletion, or failure to register or process data and/or programs in whole or in part.
Travelmar disclaims any liability for damages that may result from suspension or interruption of the Services and/or Digital Content, including those caused by blackouts or server failures on the Sites or by third-party providers.
Travelmar reserves the right to suspend the Services and/or Digital Content for maintenance or updates of its own or third-party systems, without obligation to notify Users in advance.
Travelmar is not responsible for difficulties, defects, anomalies, interruptions, or inability to access or use the Platform resulting from or related to the User’s hardware or software, chosen provider, or the User’s telephone or internet network. The User has no right to request compensation or indemnity from Travelmar.
Travelmar is not responsible for the failure or delay in providing Services and/or Digital Content due to circumstances beyond its control or force majeure, including, by way of example, fires, floods, malfunctions of telephone or electrical lines, or global or national networks.
Travelmar does not guarantee the accuracy of information and data provided to the User through the Platform. While such information is obtained from official sources and handled carefully for completeness and accuracy, it should not be considered entirely certain or unchangeable. The WiFi Service, whether basic or premium, can be used by the User with compatible portable equipment and certified wireless cards that are correctly configured. The User understands that Internet signals are transmitted in broadcasting mode and that the quality of transmission depends on environmental and geomorphological conditions at the point of access, collection, and transit of signals.
The Service is provided with applicable security obligations and operates on shared frequency bands without protection against interference. Travelmar offers no guarantee and assumes no responsibility regarding the quality of the Service, especially in terms of connection stability, effectiveness, or continuity, even if these are instrumental to the Service. Travelmar is not responsible for any inconvenience resulting from the provision of the WiFi Service that is not directly caused by it, and under no circumstances will it be liable for any indirect or consequential damages incurred by the User while using the Service, except in cases of proven willful misconduct or gross negligence on the part of Travelmar.
6. LINKS
The Platform may include hyperlinks to other websites operated by Travelmar and/or third parties, including advertisements and other content providers. These websites may collect data or ask for personal information from Users.
The Services and/or Digital Content are offered through the Platform/App and may feature banners or links to other websites or apps not managed or controlled by Travelmar; the presence of such banners or links does not imply Travelmar's approval or endorsement of the content on these sites, nor does it create any guarantee or liability Travelmar, including in relation to any loss or damage resulting from using third-party websites.
In cases where third-party providers offer services and/or digital content as intermediaries, the terms and conditions of each provider will apply separately and additionally to these Terms of Use, with respect to which Travelmar remains unrelated and not responsible.
7. WITHDRAWAL AND CANCELLATIONS
The User acknowledges and agrees that, for purchases of Digital Content provided by Travelmar within the dedicated User area of the Platform, the contract is formed and the content becomes accessible once the purchase process is complete, which results in the loss of the right of withdrawal according to Article 59, paragraph 1, letter o) of the Consumer Code. For digital services offered for a specific period, the consumer can withdraw in case of changes that adversely affect the use of the service, in accordance with Article 135-vicies of the Consumer Code.
For services provided by third-party providers through links from the Platform, the terms of those third parties apply. Travelmar acts only as an intermediary and is not responsible for the withdrawal or cancellation policies set by third parties.
For the purchase of maritime transport tickets, the withdrawal regulations do not apply; instead, the cancellation and refund policies according to the transport conditions are in effect. Specific cancellation and refund details are provided at the time of purchase and vary depending on the ticket type and the timing of the cancellation.
8. AMENDMENTS AND COMMUNICATIONS
Travelmar reserves the right to modify these General Terms and Conditions at any time, providing prompt notice to Users through publication on the Platform or direct communication. Continued use of the Services and/or Digital Content indicates acceptance of the changes.
Travelmar may notify Users of updates to these General Terms or other matters through general notices or, at its discretion, via:
- The email provided during account registration;
- User reserved area;
- Notifications on the App;
- Other appropriate means.
9. COMPLAINTS, SUPPORT, AND COMMUNICATIONS
The User can request assistance or information, submit complaints and reports by contacting Travelmar via email at customercare@travelmar.it.
Travelmar may also contact the User using the contact details provided during registration or later updated.
10. PRIVACY AND PERSONAL DATA PROTECTION
Personal data provided by Users will be processed in accordance with Legislative Decree 196/2003 and the GDPR (EU Regulation 2016/679). The Data Controller for personal data processed through the Platform is Travelmar, which will handle the data in accordance with the privacy notice attached to these Terms. Users are provided with detailed information before registration and are required to review the Privacy Policy and the Cookie Policy, both of which are available on the Platform.
For WiFi connectivity services, the processing of personal data complies with:
- Art. 126 of the Privacy Code regarding location data;
- Art. 132-ter on security obligations;
- Art. 132-quater on information regarding risks.
Users receive detailed information regarding:
- Mandatory Privacy: processing necessary for providing the service
- Optional Privacy: processing for marketing and profiling purposes
Users may exercise all rights under Articles 15 and following of the GDPR, including the rights to access, correct, delete, restrict, portability, and object to processing.
11. APPLICABLE LAW AND JURISDICTION
These Terms of Use and the relationship between Travelmar and the User are governed by Italian law and interpreted accordingly. The provision of Services and/or Digital Content is subject, in addition to these General Terms, to Legislative Decree No. 206/2005 (“Consumer Code”), particularly the provisions of Chapter I of Title III of Part III and Chapter I-bis of Title III of Part IV of the same decree, as well as other applicable laws and the Italian Civil Code.
For out-of-court dispute resolution regarding contracts with consumer users, the user may seek mediation procedures in accordance with Legislative Decree No. 28/2010 or contact ADR bodies via the ODR (Online Dispute Resolution) platform, established and managed by the European Commission, accessible via the following link: http://ec.europa.eu/consumers/odr/.
Without prejudice to mandatory consumer protection laws, if the Client cannot qualify as a consumer, any dispute between the Parties regarding the validity, interpretation, or execution of these General Terms, as well as contracts, Services, and/or Digital Content provided, shall be resolved exclusively by the Court of Salerno. The Client may, in any case, pursue mediation procedures provided for civil and commercial disputes under Legislative Decree No. 28/2010.
12. AMENDMENTS TO THESE TERMS AND CONDITIONS
Travelmar reserves the right to modify these Terms and Conditions at any time. In the event of substantial changes, Travelmar will notify Users by posting a notice on the Platform or through another communication method.
These Terms and Conditions may be updated periodically, such as when improvements are made to the features of the Services and/or Digital Content, or when integration with applications or Services and/or Digital Content managed by Travelmar or third-party partners occurs, or when changes in relevant laws and regulations are implemented.
Users are encouraged to review the Terms and Conditions periodically for any updates.
Accepting these General Terms is necessary to access Travelmar’s Services and/or Digital Content.
13. CLAUSES OF SPECIFIC APPROVAL PURSUANT TO ARTICLES 1341 AND 1342 OF THE ITALIAN CIVIL CODE
The User expressly declares approval of the following clauses: 4. Intellectual Property, Usage Limitations, and Technological Protection Measures; 5. Suspension and Modification of Services and/or Digital Content, User Obligations, and Limitation of Liability; 7.Withdrawal and Cancellations; 11. Applicable Law and Jurisdiction.
