Terms of use | Cantinauta

Terms of use

Last updated: 27 August 2018

  1. Definitions

Cantinauta means the subject who manages the platform on the website www.cantinauta.it, www.cantinauta.com, www.cantinauta.eu (that is Balatoi Srl, with headquarters in via Walter Tobagi No. 17, 20143 - Milan, VAT No. 09488700965, company that owns Cantinauta brand).

Website: means the website accessible at www.cantinauta.it and the domains connected to it;

Platform: means the booking platform on the website;

Winery: means wine producers and wineries, as well as similar exercises, which are affiliated to Cantinauta and which participate in the Platform by advertising, on the Website, bookings of visits and food and wine tastings.

Booking: means any order related to a visit to the winery.

 

  1. Scope Of Application And Download

Cantinauta provides an online Platform on the Website that allows all registered users to book tastings and visits to producers and wineries.

These Terms and Conditions (in short "T&C") govern all services made available to users on the Website.

Furthermore, the T&C are an integral and essential part of the Booking contract and the forwarding of a Booking entails full acceptance by the user.

The T&C could be translated to allow better use by foreign users. The translation, however, has an indicative function and in case of discrepancies between the translation and the Italian text, the latter will prevail.

These T&C are available on the Website and can be stored by printing them or saving the PDF file at the following link.

 

  1. Registration

In order to make a Booking, you must first register on the Website by filling in all the fields necessary to proceed with confirming the Booking.

These data will be processed in compliance with the provisions of Legislative Decree no. 196/2003. In this regard, please refer to the privacy disclaimer.

During the registration, the user will be asked to enter the login credentials (user ID and password). The registered user will be solely responsible for his login credentials. No responsibility can be attributed to Cantinauta in case of fraudulent use of such credentials by third parties. In case of loss or theft of the credentials, the registered user can request the reset of the password.

Note: Registration is reserved for legal entities and individuals who are over 18 years of age.

 

  1. Booking

Registered users can book the visit of their interest, identifying the Winery where to visit and choosing the day, time and type of the visit among those offered.

Before proceeding with the Booking, the summary of the choices made will be shown and the user will be able to view the costs associated with the Booking in a clear and exhaustive manner.

The Booking is personal. It is possible to make a reservation on behalf of third parties but, at the time of the visit, the winery can request a delegation from those who made the booking and a copy of an identity document of the latter.

 

  1. Contract

Continuing with the Booking, the user signs a binding contract only related to the Booking service of the visit to the selected Winery.

 

  1. Method of payment

At the time of Booking the user must proceed to pay 20% of the total amount due by credit card or PayPal.

This phase will take place externally to the Website and all the information provided will be subject to the security systems provided by the payment system operator. Cantinauta and the Wineries will not be aware of the information provided, which will be fully managed by the payment manager.

The balance of the remaining 80% will be paid by the user directly to the Winery at the time of the visit.

Normally the Wineries accept various payment methods. However, users are advised to check on the Website, on the Winery page, which payment methods are accepted by the Winery where the Booking was made.

Cantinauta, in any case, can not be held responsible in case of unavailability of the indicated payment services at the Winery.

 

  1. Cancellation of the Booking and no show by the user

The user has the right to cancel the Booking made at any time.

The Booking made is not refundable and, therefore, in case of cancellation the user can not request the return of 20% of the total amount already paid (art. 55, co. 1, lett. B, Cod. Cons.).

If the user cancels the Booking the balance of the visit (the remaining 80%) will not be due to the Winery.

 

  1. Communications and invoicing

Completed the Booking, the user will receive, at the e-mail address communicated during registration, an e-mail containing the summary of the order and indications to view the invoice.

In case of cancellation of the Booking by the user, an e-mail will be sent to him to confirm the cancellation.

Cantinauta reserves, in any case, to transmit further communications relating to the Booking made.

 

  1. Limitation of liability clauses

Cantinauta takes care exclusively of the management of the Booking Platform on the Website, putting users and Wineries in contact. Cantinauta does not deal with the organization and content of visits. All reletionships relating to the execution of the visits will be settled directly between the user and the Winery where the visit will take place. Cantinauta, its employees, operators and representatives, therefore, can not be held responsible, for any reason, for any damages, of any type and nature, direct and indirect, patrimonial or non-pecuniary, that can be caused to users or third parties, as a consequence of, or in any case, in connection with any behavior adopted by the Winery or by third parties (merely by way of example, Cantinauta will not be liable if the visit will not take place due to force majeure or for other reasons attributable directly or indirectly to the Winery).

Cantinauta can not be held responsible for any damage deriving from or in any way connected to the use or impossibility of using the Website. Cantinauta, in particular, can not be held responsible in case of malfunctions of the Website including the case of incompatibility with some IT systems or devices, suspension and/or interruption of services, due to technical problems, due to force majeure or to supervening impossibility, including the case of fraudulent acts carried out by third parties.

Obvious and/or recognizable with ordinary diligence errors can not be considered binding.

Cantinauta can not be held responsible for any inaccuracies or for the lack of correspondence of the Wineries with the images and descriptions published on the Website, as the descriptions and images published have been provided by the Wineries themselves or approved by them.

The Wineries participating in the Platform have declared to be in possession of the requirements for carrying out the proposed visits. Cantinauta, therefore, is not responsible for failure to comply with these statements by the Wineries.

With regard to participation in the visits of minors, access to the spaces and the procedures will be assessed by the Winery directly in compliance with the relevant legal provisions. Customers are invited to check directly before booking. Cantinauta can not be held responsible if the Winery does not allow access to minors or violates in any way the provisions of the law.

In any case, where provided by law or judicially established, the responsibility of Cantinauta will be considered limited to the amount received for the execution of the contract.

 

  1. Lack of availability of the booked visit

Cantinauta updates the description and availability of visits proposed by the Wineries regularly. However, it may happen that a visit, although it is available on the Website, is not actually available for reasons not directly attributable to Cantinauta.

In case that the unavailability of the visit is ascertained subsequent to the booking and the payment by the user of 20% of the total amount, Cantinauta will promptly notify the user and:

  • if available, it will propose an alternative visit having similar characteristics;
  • alternatively, it will provide a voucher equal to the amount paid to be used within 6 months on the Website.

If the user does not accept the proposed solutions and requests the reimbursement of the amount paid, Cantinauta will reverse the debit operation, with consequent return to the user of the entire amount paid.

In any case, Cantinauta can not be held responsible for any consequences, of any kind, deriving from the missed visit.

 

  1. Feedback and ranking

Cantinauta offers users who have made a visit following a Booking, the faculty to leave a review, making an assessment of the services received. A review may be left for each booked visit.

Users explicitly undertake to leave comments that are truthful, not offensive or disparaging and do not have obscene or illicit content. Users, proceeding with the issue of comments, declare and guarantee that they do not violate the rights of third parties and authorize Cantinauta to freely use such comments, expressly renouncing any rights thereto.

The reviews can not be anonymous but they will be marked by the username of the user, as well as by his profile picture.

The Winery has the right to replicate, through the Website, the reviews left by users. Each review has a right of reply from the winery. Upon receipt of a response from the Winery, the review is considered closed. Neither the user nor the Winery will be able to add further feedback or modify the published ones.

Cantinauta reserves the right not to publish the comments that - at its sole discretion - are manifestly unfair, misleading or those that contain expressions or terms obscene, offensive or otherwise unsuitable for publication on the Website.

The evaluations left by the users will be used to give a score to the Wineries participating in the Platform. This ranking does not reflect the opinion of Cantinauta, but is achieved objectively based on the evaluations expressed by users.

 

  1. Industrial property rights

The user acknowledges that all trademarks, distinguishing marks, applications and, in general, the industrial property rights used on the Website, are owned by Cantinauta and/or the Wineries or are used by them prior authorization or in compliance with the current regulations and undertakes not to export or use them without prior authorization from their respective owners.

 

  1. Change of contractual T&C

Cantinauta reserves the right to update and/or modify these T&C.

In this case, Cantinauta will inform the registered users of changes to the provisions of these T&C by e-mail to the address indicated at the time of registration.

The modified T&C will be effective for each Booking made after the sending of the change notification.

In any case, the updated version of the T&C will be available on the Website.

 

  1. Validity applicable law and jurisdiction

These T&C are binding on users who make a Booking and are fully accepted. In the event that one of the clauses of these T&C is invalid or becomes invalid, the same will lose its effectiveness without affecting the validity of the contract and other clauses.

Each transaction, unless otherwise required by law, is concluded in Italy and governed exclusively by Italian Law.

Except for different mandatory provisions of law, for any controversy that arises between Cantinauta and users, the Court of Milan (Italy) will have exclusive jurisdiction, with exclusion of any other alternatively competent court.

 

  1. Communications

All communications between the user and Cantinauta must be sent via e-mail to the following address info@cantinauta.it or through the contact form on the site.

All communications between Cantinauta and the user will be sent via e-mail to the address indicated during registration.

* * *

Pursuant to art. 1341, 1342 and 1469 bis of the Civil Code, the user declares to have read and accept specifically the FOLLOWING clauses C (Registration), D (Booking), G (Cancellation of the booking), I (Limitation of liability), J (Lack of availability of the booked visit), M (Change of T&C), N (Jurisdiction).