General Terms and Conditions of the Service “GuestWelcomeGuide”
Effective Date: [INSERT DATE TODAY]
These Terms and Conditions (the “Agreement”) govern the purchase and use of the software services and ancillary physical products offered by GuestWelcomeGuide, with registered office at via Carbonazzi 10, Cagliari, (hereinafter the “Provider”) and accessible via the website www.guestwelcomeguide.com.
Acceptance of this Agreement is a necessary condition for the use of the Service.
1. Definitions
* Platform: The “GuestWelcomeGuide” software and web infrastructure managed by the Provider.
* Host: The user who registers on the Platform and purchases a subscription or products.
* Consumer Host: A natural person acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity eventually carried out (Art. 3, Legislative Decree 206/2005 “Consumer Code”).
* Professional Host: A natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity (e.g., Hotel, B&B, Property Manager).
* Service: The temporary license to use the software for creating digital guides.
* Physical Products / Smart Kits: Tangible goods (e.g., Plexiglass counter displays, NFC stickers, plaques) purchasable by the Host, typically personalized via the printing of unique QR Codes or logos.
* Guest Welcome Guide: The digital guide created by the Host via the Service.
* Host Content: Data, text, images, and logos uploaded by the Host.
* Guest: The end-user (tourist) who views the guide.
2. Object of the Service
2.1. Software License. The Provider grants the Host a limited, non-exclusive, and non-transferable license to access the Platform for the purpose of creating and managing their Guest Welcome Guides, for the duration of the subscription plan.
2.2. Product Sales. The Service may include the sale of Physical Products (e.g., “Start Pack”) ancillary to the use of the software.
2.3. Exclusions. The license does not include resale rights or access to the source code.
3. Registration and Conclusion of the Contract
3.1. Accuracy. The Host is responsible for the correctness of the data provided and the safekeeping of their credentials.
3.2. Qualification (B2B/B2C). The Host declares, under their sole responsibility, their status as either “Consumer” or “Professional.” In the event of a false declaration (e.g., a Professional registering as a Consumer), the Host forfeits all protections provided for the non-truthful category and shall indemnify and hold the Provider harmless from any consequences.
3.3. Conclusion (E-commerce). The contract is concluded online when the Host:
* Selects the plan or product;
* Accepts the Terms and Privacy Policy;
* Submits the order with an obligation to pay (via Stripe or Satispay);
* Receives a confirmation email from the Provider.
4. Right of Withdrawal (Consumer Host)
4.1. Timeframe. The Consumer Host has the right to withdraw within 14 days from the conclusion of the contract (for services) or from physical delivery (for goods), without providing any reason, subject to the exceptions set forth in Art. 5.
4.2. B2B Exclusion. The right of withdrawal is excluded for the Professional Host.
5. Exceptions and Exclusion of Withdrawal (Forfeiture of Right)
5.1. Digital Services (Immediate Activation). Pursuant to Art. 59, lett. o) of the Consumer Code, the right of withdrawal is excluded for the supply of digital content not supplied on a tangible medium if the performance has begun with the consumer’s express prior agreement. The Consumer Host expressly accepts that access to the Platform begins immediately upon payment, thereby forfeiting the right of withdrawal.
5.2. Personalized Products (Smart Kits). Pursuant to Art. 59, lett. c) of the Consumer Code, the right of withdrawal is excluded for the supply of goods made to the consumer’s specifications or clearly personalized. The purchase of Smart Kits, Displays, or printed material containing the Guide’s unique QR Code or the Host’s facility Logo is therefore final and non-refundable, as these represent goods that cannot be reused for other customers.
6. Prices, Payments, and Duration
6.1. Prices. The prices of the plans (Basic, Business, Pro) and products are those indicated on the “Pricing” page or in the cart at the time of purchase and are deemed inclusive of VAT.
6.2. Payment. Payments are processed via secure third-party gateways (e.g., Stripe, Satispay).
6.3. Duration. The subscription has an annual duration (or different duration if specified) and does not renew automatically. Upon expiration, the service will cease unless manually renewed by the Host.
7. Content, Liability, and Printing
7.1. Ownership. The Host remains the owner of the uploaded content and guarantees its legality.
7.2. Data Verification for Printing. The Host is solely responsible for verifying the correctness of the data (including links, QR Code functionality, and Wi-Fi credentials) before proceeding with independent printing or ordering physical products via the Platform. The Provider is not liable for printed material containing incorrect data entered or not verified by the Host.
7.3. Indemnification. The Host agrees to indemnify and hold the Provider harmless from any third-party claims arising from the content of their Guide.
8. Suspension and Termination
8.1. The Provider may suspend the Service in the event of non-payment or violation of usage rules (illicit content).
8.2. Termination Clause (B2B). For the Professional Host, the contract shall be terminated automatically (risoluzione di diritto) in the event of a violation of Arts. 3.2, 6.2, or 7.1.
9. Limitation of Liability
9.1. “As Is”. The Service is provided “as is,” without guarantees of absolute continuity.
9.2. Third-Party Services. Certain features (e.g., PDF viewing on mobile, maps) rely on external services (e.g., Google Docs Viewer, Google Maps). The Provider is not responsible for malfunctions, interruptions, or unilateral changes to such third-party services that prevent the correct display of specific formats.
9.3. Damage Limit (B2B). Except in cases of willful misconduct or gross negligence, the Provider’s liability toward the Professional Host is limited to the amount paid in the last 12 months.
10. Governing Law and Competent Court
10.1. Italian Law.
10.2. For the Consumer Host: The court of the consumer’s place of residence.
10.3. For the Professional Host: The exclusive jurisdiction of the Court of Cagliari.
11. Specific Approval (B2B)
Pursuant to Arts. 1341 and 1342 of the Italian Civil Code, the Professional Host declares to specifically approve the following Articles: 3.2 (Qualification), 5 (Exclusion of Withdrawal), 7.2 (Responsibility for Printing), 8.2 (Termination), 9 (Limitation of Liability and Third Parties), 10.3 (Competent Court).