General terms and conditions of use of the platform
These general terms and conditions of contract and use of the platform (hereinafter, the “General Terms and Conditions” or “Agreement”) constitute the terms and conditions governing access to the “Terre dei Malaspina” platform (hereinafter, the “Platform”) and the use of all services available therein (hereinafter, the “Platform Services”) by any public or private entity or organization, or by a natural person acting as a professional (hereinafter collectively, the “Participating Entities”), that meets at least one of the following conditions:
A) Owns, manages, and/or directly protects a place of recognized environmental and/or cultural value, e.g., a park, protected area, archaeological park, UNESCO site, botanical garden, historic garden, itinerary, etc. (hereinafter, the “Location”) in the Terre dei Malaspina area, which encompasses a vast territory spanning the provinces of Alessandria, Pavia, and Piacenza.
B) Offers and organizes activities, events, shows, excursions, treks, guided tours, exhibitions, installations, itineraries, guided tours, festivals, conferences, workshops, courses, events, services, etc. (hereinafter, “Experiences”) within a Locality in the Terre dei Malaspina area, which encompasses a vast territory spanning the provinces of Alessandria, Pavia, and Piacenza.
These General Terms and Conditions are deemed to be known through their publication at https://www.terredeimalaspina.it/condizioni-generali-di-contratto-e-utilizzo/ and are included in the registration form on the website www.terredeimalaspina.it. These General Terms and Conditions completely replace any previous versions of the General Terms and Conditions, which therefore cease to be effective from the date of publication on the website. Any changes will be communicated to the participating Organization using the methods indicated in Article 20 below.
Provider Identification:
The Contract is entered into by the participating Organization with the Thara Rothas Association (hereinafter, also “Thara Rothas”), Tax Code and VAT No. 06545680966, with registered office in Milan (MI), Via Lovanio, 4, and operational headquarters in Varzi (PV), Via Pietro Mazza 6, represented by its legal representative pro tempore (also, the “Party”). Thara Rothas, in fact, owns and exclusively manages the Services of the Platform www.terredeimalaspina.it and administers all functions by providing the Platform Services to the participating Organizations and also to end users (“User(s)”).
As administrator of the Platform, Thara Rothas is specifically responsible for:
– defining contractual relationships and managing sublicenses of use of the Platform to the participating Organizations;
– managing relationships with the participating Organizations for the administration of the Locations and Experiences (as defined below);
– management of the area for booking and/or pre-sales of the Experiences that the participating Reality offers to Users.
Art. 1 – Premises/Definitions/Annexes
1.1. The preamble constitutes an integral and substantial part of these General Terms and Conditions.
1.2. Thara Rothas owns the online digital platform called Terre dei Malaspina, which it sublicenses to the participating entities. The platform was designed and developed by J’eco srl, which holds the rights to the source code, its use, and its reproducibility, and which licenses it to Thara Rothas.
1.3. The Platform is accessible via the Internet in SaaS (Software as a Service) mode. Through the Web Content Management System (hereinafter, “WebCMS”), participating entities can promote their locations and experiences and use the Platform Services described in Article 2 below.
1.4. The WebCMS of the Terre dei Malaspina Platform is a tool reserved for entities, organizations, professional users, creatives, and hobbyists, and by signing the Agreement, participating entities expressly declare themselves to be such.
Art. 2 – Object of the General Conditions – Platform Services
2.1. These General Terms and Conditions cover the following services, collectively defined as “Platform Services”:
a) a free sublicense for use of the Platform via WebCMS;
b) the free promotion service by the participating Organization of its Locations and its Experiences (hereinafter “Content”);
c) the booking service for Experiences offered by the participating Organizations free of charge to users (hereinafter “Free Booking Service”), referred to in Article 8 below;
d) the pre-sale service for Experiences offered by the participating Organizations to users for a fee (hereinafter “Paid Booking Service”), referred to in Article 9 below.
2.2. Thara Rothas, in compliance with the terms and conditions of these General Terms and Conditions, grants the Participating Company a personal, free, revocable, non-exclusive, non-transferable, non-assignable sublicense, limited to the uses permitted by these General Terms and Conditions of the Terre dei Malaspina Platform. This sublicense allows the Participating Company to directly and independently publish its Content through the WebCMS application. Due to the nature and operation of the Platform, the Participating Company directly and completely independently manages the features made available in its profile, and it is the Participating Company itself, under its own exclusive responsibility, that uses the tools provided by the Platform, as specified below.
2.3. In addition to the free sublicense referred to in Article 2.2 above, the Platform allows the Participating Company to manage the free and/or paid Booking Service, as specified in Articles 8 and 9 below.
Art. 3 – Archives
3.1. All publications by participating Organizations on the Platform are accessible online by Users 24 hours a day, 7 days a week, 365 days a year, without prejudice to the provisions of Articles 11, 12, and 13 below.
3.2. The Content that each participating Organization submits to the system is published under its own exclusive responsibility and will populate the Platform’s Content Archive.
3.3. For free and/or paid Booking Services, all booking and purchase requests for Experiences received through the Platform and managed by Thara Rothas will be stored in the Booking Archive.
Art. 4 – Methods of activation and access to the Platform
4.1. To request Platform Services, the Participating Company must complete the registration form in the “Become a Participating Company” section. Before submitting the form, the Participating Company must carefully read these General Terms and Conditions, along with Appendix A) Commercial Offer.
Thara Rothas subsequently carries out an accreditation process. Following this process, the Participating Company will receive, at the email address provided during registration, an email containing a temporary password and user ID. These must be changed by the Participating Company upon its first access to the Platform’s Reserved Area (hereinafter, the “Reserved Area”); upon this access, the Participating Company must expressly accept these General Terms and Conditions.
4.2. Subsequently, the Participating Company will access the Platform Services using its User ID and password, as modified above (hereinafter, the “Authentication Credentials”), which the Participating Company is solely responsible for safeguarding to ensure confidentiality. From that moment, the Participating Company is identifiable to Users, who may enter into contracts with it. Thara Rothas is in no way a party to these contracts and assumes no liability for such contracts.
4.4. Authentication Credentials are personal, confidential, and non-transferable. Access to the Reserved Area and use of the Platform must comply with these General Conditions. In particular, the Participating Company undertakes to maintain its Authentication Credentials with the utmost confidentiality and is therefore also responsible for their safekeeping. The Participating Company is therefore solely responsible for any damage caused by the use of the Authentication Credentials by unauthorized third parties. The Participating Company undertakes to immediately notify Thara Rothas of any theft, loss, misappropriation, or appropriation of its Authentication Credentials by unauthorized third parties, including for the purposes of reporting any data breaches, pursuant to Articles 33 and 34 of European Regulation 2016/679. The Participating Company also undertakes to change its password at least once every 6 (six) months.
4.5. Both during registration and through the Reserved Area within the Platform, the Participating Company is required to provide up-to-date, complete, and accurate information and contact details (specifically, email address, tax code, and VAT number). Any attempt to violate the security of the Platform or to perform reverse engineering constitutes unlawful conduct and is grounds for liability. The Participating Company is required to promptly notify Thara Rothas in the event of unauthorized use of access to the Platform and its Services, or any other security breach. Thara Rothas is not responsible for any damage or disruption resulting from unauthorized use of access using the Participating Company’s authentication credentials.
Art. 5 – Declarations, obligations and responsibilities of the participating entity
5.1. To access the Platform’s Reserved Area, it is essential to complete the “mandatory fields” provided in the registration form. With specific reference to the email address, the Participating Company declares that it is active, attributable to it, and can be used for the purposes of carrying out activities related to the execution of these General Conditions. The Participating Company remains solely responsible for the activities carried out using its authentication credentials.
5.2. It is the Participating Company’s responsibility to verify that all information (Content, Experiences, and anything else published) submitted by it is up-to-date and truthful. Thara Rothas is not subject to any control and/or verification. Therefore, Thara Rothas cannot be held liable for any detrimental consequences that may be suffered by Users and/or third parties as a result of such activity by the Participating Company. It is therefore the Participating Company’s responsibility to directly carry out the necessary modifications and/or deletions, using the Platform’s tools, if the conditions are met. The Participating Company declares that it is aware that the pages relating to the Locations and its Experiences are created by the system based on the Content it enters and manages using the WebCMS application. With particular reference to the images and information published, the Participating Company declares that it holds the rights to use and publish them and that no content or image violates any right, patent, copyright, trademark, intellectual property, or contractual right of any natural person, company, firm, organization, or other entity. The Participating Company therefore undertakes not to post Content that violates applicable laws and regulations, including, in particular, copyright or other intellectual or industrial property rights, or that violates or enables others to violate privacy and personal data protection laws.
5.4. The Participating Company acknowledges that the information provided through the Content and through the use of the Platform Services will be published and entered into the respective Archives exactly as provided, without any burden of verification or control on Thara Rothas, except as provided in Article 6.2 below. The Participating Company also acknowledges that Thara Rothas has the right to automatically remove, without notice and without this being considered a breach of contract in any way, any Content it deems, in its sole discretion, including upon notification by third parties, to be unlawful, untrue, or inactive for more than 24 months.
5.5. The Participating Company undertakes to use the Platform exclusively for lawful purposes and, in any case, in compliance with the legal provisions regarding the protection of personal data and intellectual property, and to indemnify and hold Thara Rothas harmless from any third-party claims or demands arising from the use or abuse of the services in question. No information or Content may contain obscene, offensive, or other prohibited material (information that may contain forms or content of a pedophilic, pornographic, obscene, blasphemous, offensive, defamatory, or otherwise unsuitable for minors).
5.7. It is also expressly prohibited to transmit files that are potentially infected with viruses, of unsafe origin, or potentially harmful. In general, it is prohibited to use the Platform or take actions that could damage, disable, overload, or impair its functionality, or interfere with its use by third parties.
5.8. The Participating Entity expressly declares and acknowledges that the sublicense of use and the free and/or paid Booking Services offered through the Platform are intended solely to promote its business, its Locations, and the Experiences offered, and to connect it with Users with whom it enters into separate contracts, to which Thara Rothas is not a party. In the case of free and paid Booking Services, the provisions further specified in the following articles 8 and 9 apply.
Art. 6 – Obligations and responsibilities of Thara Rothas
6.1. Under no circumstances may Thara Rothas be involved in relationships that may arise between the participating Business and the Users of the Platform in relation to the Content published and the Experiences booked by the Users. Consequently, Thara Rothas cannot, for any reason, be held liable for breaches of contract or be involved in disputes that may arise in relation to the Content offered and the Experiences booked, or any contract concluded between the participating Business and a User, nor for any damages, direct or indirect, that may arise from the performance or non-performance of services or contracts concluded between the participating Business and the User.
6.2. The only form of control that Thara Rothas may exercise on its own initiative over the content posted by the participating Business is to prevent the publication of Content or comments that are inappropriate to the services offered on the Platform or that are unlawful, even upon notification by the Users themselves.
6.3 Thara Rothas is not responsible for the content of the General Terms and Conditions for Users and other contracts and documents governing the contractual relationship between the participating Company and the User, and therefore will not be liable for any disputes by the User relating to such contracts and documents. In the event of judicial or extrajudicial disputes relating to the aforementioned contracts, in which Thara Rothas becomes involved, the participating Company undertakes to indemnify and hold harmless the User from any liability.
Art. 7 – Completion and conclusion of the contract
7.1. To access the Platform Services, the Participating Company must follow the procedure indicated in Article 4 above. After logging in to the Platform—using the Authentication Credentials modified upon first access—and accepting these General Conditions, the Participating Company will receive an activation confirmation email (hereinafter “Activation Confirmation”). The Contract is deemed concluded and the Platform Services are deemed activated upon receipt of the Activation Confirmation email by the Participating Company.
7.3. Through this email, the Participating Company will also receive the legal information, including these Contract Conditions, which it will print and/or store on a durable medium.
7.4. The Participating Company declares that it is aware that these General Conditions, including the Attachments, are available for consultation and, therefore, knowledgeable, directly at the link https://www.terredeimalaspina.it/condizioni-generali-di-contratto-e-utilizzo/.
Art. 8 – Free Booking Service
8.1. Use of the free Booking Service by the Participating Organization entails the free issuance and sending, to Users who request it, a booking code for the Experience, within the number limits made available by the Participating Organization for that specific Experience, for collection of the entry ticket at the location indicated by the Participating Organization (e.g., ticket offices). The issuance of the relevant entry ticket/ticket is handled exclusively and directly by the Participating Organization. It is therefore understood that all taxes and any royalties payable for the issuance of the aforementioned tickets are paid by the Participating Organization itself.
8.2. The General Terms and Conditions for Users are available at the following link: https://www.terredeimalaspina.it/condizioni-generali-di-uso/.
Art. 9 – Paid Booking Service – Fees – Exclusion of refunds to Users by Thara Rothas.
9.1. The Paid Booking Service available on the Platform allows for advance payment of paid Experiences to Users who purchase them through the Participating Organization’s Experience Platform. This allows the User to be issued a unique code for collecting the entry ticket (e.g., ticket) at the location indicated by the Participating Organization (e.g., ticket office). The relevant entry ticket is issued exclusively and directly by the Participating Organization. It is therefore understood that all taxes and any royalties payable for the issuance of the aforementioned tickets are paid by the Participating Organization itself.
9.2 Use of the Paid Booking Service by the Participating Organization automatically and inextricably implies the granting to Thara Rothas of an irrevocable mandate with representation to collect payments from Users on behalf of the Participating Organization, relating to the fees due for the advance sale of the Experiences. The General Terms and Conditions for Users are available at the following link: https://www.terredeimalaspina.it/condizioni-generali-di-uso/.
9.3. The participating Company, through its Reserved Area, displays to Users the total cost of the Experiences published on the Platform, indicating the price to be paid, including the cost of the service provided by Thara Rothas (hereinafter the “Service Fee”), as set forth in Annex A) Commercial and Economic Conditions (hereinafter the “Commercial Offer”). The User therefore pays Thara Rothas, as the agent of the participating Company, an amount that includes both the pre-sale fee and the cost of the service provided by Thara Rothas.
9.4. Fees. Upon receipt of payment from the User, Thara Rothas will pay the collected fee to the Participating Organization by the last day of the month following the actual collection date, deducting the Service Fee calculated as indicated in the Commercial Offer. Thara Rothas will send the Participating Organization an invoice and a monthly report of collections (which can always be consulted by the Participating Organization through the dedicated section of the Reserved Area). Payment of fees by Thara Rothas to the Participating Organization will be made to the bank details entered in the Reserved Area by the Participating Organization. All taxes and any royalties payable for ticket issuance are paid by the Participating Organization.
9.5. Exclusion of reimbursement to Users by Thara Rothas. The Participating Company expressly acknowledges and accepts its obligation to promptly notify both Thara Rothas and the User of any cancellation of the Experience, and in any case no later than 3 days after the date originally scheduled for the Experience. To this end, the Participating Company expressly agrees to be solely responsible to both the Users and Thara Rothas for the timely reimbursement of the full price paid for the Experience. Under no circumstances may the Participating Company request a refund of the Service Fees from Thara Rothas, as these fees represent compensation for the paid booking service already provided by Thara Rothas and, in any case, are independent of the subsequent provision of the Experience-related service by the Participating Company.
9.6. All activities related to the Experience concern exclusively the Participating Company and the User. Thara Rothas is therefore not responsible towards the participating Organization or the User for any breach of the contract concluded between them. The General Terms and Conditions for Users are available at the following link: https://www.terredeimalaspina.it/condizioni-generali-di-uso/.
Art. 10 – Non-fulfilment by the participating entity – Express termination clause
10.1. Thara Rothas may terminate the contract governed by these General Conditions at any time, with immediate effect, pursuant to Article 1456 of the Italian Civil Code, by means of certified email (PEC) or registered mail with return receipt, and without notice, in the event that the Participating Entity:
a) fails to provide, or has failed to provide, updated, complete, truthful, and accurate personal information (with particular reference, for example, to the requirement of being a professional or having an Italian office);
b) uses or has used the Platform in violation of any of the provisions of Article 5, or if, in any case, such use is deemed, at Thara Rothas’ sole discretion, to be incompatible with the nature and purpose of the Platform;
c) the Participating Entity’s insolvency, declaration of bankruptcy, or admission to insolvency proceedings, or liquidation or dissolution.
d) failure to reimburse the User for the paid Booking in the event of cancellation of an Experience.
10.2. The right to compensation for any damages remains unaffected and without prejudice to any other remedies provided by law or by these General Conditions.
Art. 11 – Suspension and/or Interruption of Services
11.1. The Platform, accessible via a direct internet connection, is available 7 days a week, 24 hours a day, except for maintenance, updates, or backups (*), which Thara Rothas communicates to the Participating Entity with 48 (forty-eight) business hours’ notice, unless the work involves the execution of maintenance, modifications, and/or unscheduled and/or non-schedulable and technically essential maintenance.
(*) The availability of web-based services is understood to be without prejudice to suspensions for technical reasons and, at the sole discretion of Thara Rothas, necessary to ensure the best continuation of the services, such as:
– routine maintenance of hardware systems;
– implementation of new versions of basic software in the systems;
– operations aimed at routine and extraordinary maintenance, correction of any anomalies, or uploading updates;
– archive backup operations;
– archive restoration operations, including at the request of the Participating Entity;
– situations that could imply or result in a reduction or otherwise insufficient level of data access security;
– emergency situations requiring extraordinary interventions on hardware, software, and network components, if these are necessary to allow normal use or restoration of services;
– events of force majeure or otherwise beyond Thara Rothas’s ability to predict.
Art. 12 – Suspension and/or Interruption of the Free Booking Services and other free services of the Platform
12.1. Under no circumstances will the inability to use and/or the suspension or interruption, in the presence of proven security and/or confidentiality issues, of the free Booking Services and other free Platform services constitute a breach of contract by Thara Rothas and give rise to any compensation for damages. In any case, Thara Rothas will do everything necessary to restore the service as quickly as possible.
12.2. In addition to the provisions of Article 12.1, Thara Rothas has the right to suspend the provision of the Services, pursuant to and for the purposes of Article 1460 of the Italian Civil Code, automatically and without notice, in the event that the Participating Company violates any of the provisions of Article 5.
Art. 13 – Suspension and/or Interruption of Paid Booking Services and Limitations of Thara Rothas’ Liability
13.1. Without prejudice to the notification to the Participating Organizations referred to in Article 11.1 above, Thara Rothas undertakes to restore the paid Booking Services within 72 (seventy-two) business hours of the suspension and/or interruption.
13.2. Thara Rothas is not responsible for interruptions exceeding the times indicated above and therefore declines any liability, either towards its Participating Organizations or towards third parties, for delays, malfunctions, suspensions, and/or interruptions in the provision of services caused by:
a) unforeseeable circumstances, catastrophic events, and force majeure;
b) malfunction or non-compliance of the connection tools equipped by the Participating Organization or those used by it;
c) tampering with or interventions on the services or equipment performed by the Participating Organization or by third parties not authorized by Thara Rothas;
d) incorrect use of the Platform Services by the Participating Organization or in a manner that does not comply with these General Conditions;
e) justified reasons of security and/or confidentiality;
g) any other cause not attributable to gross negligence or willful misconduct by Thara Rothas, including cyber attacks by third parties on the Platform and its other IT tools and online connections.
13.3. The Participating Company acknowledges and accepts that, in all of the cases listed above and in any other case in which a suspension and/or interruption of services occurs not due to gross negligence or willful misconduct attributable to Thara Rothas, the latter is in no way liable to the Participating Company for the unavailability of the service. The Participating Company, therefore, acknowledges and accepts that it may not make any claim for damages, reimbursement, or compensation against Thara Rothas for the suspension or interruption of services that has occurred and releases it from any liability in this regard.
13.4. In any case, the compensation for damages or any other form of indemnity and/or restitution requested from Thara Rothas for suspension and/or interruption of services – if due – may not exceed the amount of the last monthly fee paid by the participating Company for the provision of the paid Booking Service.
Art. 14 – Management of reports from participating entities regarding interruptions and malfunctions of the Platform
14.1. The Participating Company, by accessing its Reserved Area, must promptly notify Thara Rothas of any interruptions, malfunctions, or service disruptions, and in any case no later than 24 (twenty-four) business hours after discovery. Assistance may also be requested by telephone or email at assistenza@terredeimalaspina.it during the days/times indicated below:
Tel. +39 02 87280598, Monday to Friday, 9:00 am to 5:00 pm
14.2. Thara Rothas guarantees that the report will be processed within 24 (twenty-four) business hours of notification and will be resolved as quickly as possible, in any case no later than 10 (ten) business days after notification.
14.3. In the case of paid Booking Services, as indicated in Article 13.1. Thara Rothas undertakes to restore service within 72 (seventy-two) business hours of notification by the Participating Organization, unless any of the causes indicated in Article 13.2 apply.
14.4. Any damages suffered by the Participating Organization as a result of failure or delay in reporting such malfunctions and/or disruptions are the responsibility of the Participating Organization and will not be charged to Thara Rothas.
14.5. In any case, the compensation for damages or any other form of compensation and/or refund requested from Thara Rothas for suspension and/or interruption of services—if applicable—may not exceed the amount of the last monthly fee paid by the Participating Organization for the paid Booking Service. Therefore, no compensation is due for free Booking Services and other free services.
Art. 15 – Customer care via email
15.1. Thara Rothas provides Users with customer care assistance in Italian and English and undertakes to promptly respond, via email, to questions posed by Users regarding the provision of the Platform Services. Customer Care is provided by Thara Rothas from Monday to Friday (excluding Italian national holidays) from 9:00 am to 5:00 pm.
15.2. For questions not related to the provision of the Platform Services (e.g., questions about Locations and Experiences), Thara Rothas undertakes to promptly forward the emails received from Users to the participating Company, in order to respond to the User as quickly as possible.
Art. 16 – Complaints
16.1. Unless otherwise provided in these General Conditions, any complaint or dispute between the parties may be sent by email, fax, or letter, using the contact information at the bottom of the page, in accordance with the provisions of Article 22.
Art. 17 – Duration of the contract – Withdrawal
17.1. The Agreement for the Platform Services begins on the date of receipt of the Activation Confirmation email and has no expiration date. Either party may terminate the Agreement at any time by sending a registered letter and/or certified email to the other party with 60 (sixty) days’ notice.
Art. 18 – Intellectual and industrial property rights on the Platform.
18.1. Thara Rothas is the exclusive licensee of the trademarks and distinctive signs published on the Platform, as well as of the Platform itself. Access to the Platform grants a sublicense to the Participating Company to use such trademarks and distinctive signs to the extent strictly necessary for the use of the Platform Services. Therefore, any further or different use is prohibited unless previously authorized in writing by Thara Rothas.
18.2. All Thara Rothas material published on the Platform is protected by intellectual property rights, in accordance with applicable copyright legislation.
Art. 19 – Ownership and management of the Archives
19.1. In compliance with these General Terms and Conditions, Thara Rothas manages the following archives, which are also accessible to the participating Organization:
a) Content Archive, containing, in addition to the personal data and contact information of the participating Organizations, information on the Locations and Experiences and other Services offered by the participating Organization to Users (including photos, etc.);
b) Booking Archive, containing, in addition to the personal data of the Users and the information required to make a booking, ticket requests, including the description of the booked service.
19.2 Upon termination of the Contract, for any reason, the participating Organization acknowledges that Thara Rothas will retain the information contained in the Content and Booking Archive for the following 6 (six) months. After the aforementioned deadline, the Participating Organization hereby authorizes Thara Rothas to delete or anonymize all data (and all related backup copies) not recovered, for any reason, without any compensation to the Participating Organization.
19.3. Obligations to retain data for documentary, accounting, and tax purposes remain unaffected.
Art. 20 – Amendments to the General Conditions – Right of withdrawal by the participating Company
20.1. Thara Rothas reserves the right to modify these General Terms and Conditions and the fees for the Paid Booking Service at any time, as indicated in Appendix A) Commercial Offer.
20.2. In the event of changes to the General Terms and Conditions, the new General Terms and Conditions will be communicated to the Participating Entity via email with a link to the modified sections.
20.3. The new General Terms and Conditions will be deemed accepted if the Participating Entity continues to use the services available on the platform after their notification.
20.4. In any case, the Participating Entity has the right to communicate its withdrawal within 15 (fifteen) days of notification of the aforementioned changes, by email to amministrazione@terredeimalaspina.it.
20.5. In the event of changes to the fees for the paid Booking service indicated in Annex A) Commercial Offer, these will be effective from the month following the publication or communication of the change, without prejudice to the right of the participating Company to withdraw within the terms indicated in the previous art. 20.4.
Art. 21 – Confidentiality and protection of personal data
21.1 The Parties declare that they have mutually communicated the information referred to in Articles 13 and 14 of European Regulation 2016/679 regarding the processing of personal data provided for the signing and execution of the Contract itself and that they are aware of their rights pursuant to Article 15 et seq. of the aforementioned regulation.
21.2. Thara Rothas and the Participating Company acknowledge that the data controller of Users’ personal data, as defined in Article 4, paragraph 1, no. 7, of European Regulation 679/2016, processed for the purposes and in connection with the execution of the General Conditions, is and remains the Participating Company, as it determines the purposes and means of the processing.
21.3. With regard to the processing of Personal Data for the purposes of using the Platform Services, the Participating Company declares and guarantees that the processing is carried out in full compliance with applicable laws, including European Regulation 2016/679, internal regulations, and the provisions of the Italian Data Protection Authority.
21.4. It is further understood that Thara Rothas, as owner and operator of the Platform, is responsible for the processing of personal data held by the Participating Company, as per the data processor appointment agreement, pursuant to Article 28 of European Regulation 2016/679 attached to these General Conditions. The Data Processor must comply with the obligations and instructions issued by the Participating Company, as Data Controller, set out in Annex B) to this Agreement, of which it forms an integral and substantial part, referred to as the “Annex Appointment of External Data Processor/Participating Company.”
21.5. The participating entity consents to Thara Rothas using the data collected in connection with the use of the Platform Services for its own statistical purposes and to improve its services. The data is processed after irreversible anonymization.
Art. 22 – Communications between the parties
22.1. For the purposes of communications pursuant to these General Conditions, the parties, unless otherwise provided by law or contained in these General Conditions, elect their domicile:
a) for Thara Rothas: at its operational headquarters;
b) for the participating Company: at the headquarters indicated in the registration form.
22.2. The Parties shall promptly communicate, during the term of the Contract, any change in their respective addresses, including email addresses. In the event of failure to communicate such changes, all communications and/or notifications made to the previously indicated addresses will be fully effective and valid.
Art. 23 – Applicable law/Competent court
23.1. This Agreement is concluded in Italy and is governed by Italian law. Reference is made to Italian law for anything not expressly provided for herein.
23.2. Any dispute relating to these General Terms and Conditions and the Agreement entered into between the parties shall be subject to the exclusive jurisdiction of the Court of Milan.
Attachments:
Appendix A – Commercial or Economic Conditions
Appendix B – Appointment of External Manager Thara Rothas / Participating Company
Appendix C – Information on the Processing of Personal Data on the Terre dei Malaspina Platform for Participating Companies
The parties declare that approval of these General Conditions and the clauses referred to, pursuant to Articles 1341 and 1342 of the Italian Civil Code, through the so-called “point-and-click” procedure satisfies the written form requirement.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Participating Company declares its express approval of the following clauses:
2 (Subject of the General Conditions – Platform Services); 5 (Declarations, Obligations, and Responsibilities of the Participating Company); 6 (Obligations and Responsibilities of Thara Rothas); 10 (Breach of Contract by the Participating Company – Express Termination Clause); 11 (Suspension and/or Interruption of Services); 12 (Suspension and/or Interruption of Free Booking Services and Other Free Platform Services); 13 (Suspension and/or Interruption of Paid Booking Services and Limitations of Thara Rothas’ Liability); 14 (Management of Participating Businesses’ Reports of Platform Interruptions and Malfunctions); 17 (Term of the Contract, Termination); 20 (Changes to the General Terms and Conditions – Participating Businesses’ Right of Termination); 23 (Applicable Law/Jurisdiction)
Latest Version: September 23, 2025
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