General terms and conditions
The website www.toonado.it is of exclusive property of the Toonado company srl with registered office in Caserta, viale Carlo III di Borbone n. 8, c.a.p. 81100, registered in the Register of Companies of the Chamber of Commerce in Caserta, n. registration 043400660614, VAT 04340660614. The following General Conditions of Use (“Conditions”) regulate the activity carried out by Toonado on its website.
Activities-What is Toonado.
Toonado is a B2C web marketplace, which operates in the sports sector, sports and leisure tourism. It makes available to users an online platform through which they can book outdoor sport activities under the lead of a professional coach and certified guides, from trekking to climbing, from yoga, to pilates etc. Toonado does not join in any relationship / contract stipulated between coaches / guides and users, nor therefore in the transactions that the former subjects conclude. Between Toonado and the coaches / guides, however, it will be instituted time to time an occasional professional services contract, regulated by the current Italian legislation concerning contracts with express reference to the individual event for which the coach is chosen.
Toonado is addressed to all lovers of outdoor sports, on holiday or in their free time, with the aim of bringing together in a large “community”all the outdoor sport lovers under the lead of professionals guides who excel in their field.
Toonado also offers the opportunity to become coaches / guides to those who have the necessary and appropriate sport skills certified, combined with the knowledge of the territory on which the sport activities will be practiced by the users. Indeed, the portal has the purpose of promote and encourage accessibility to the outdoor sports indicated above by way of example. The aim is to offer an opportunity for the service users to approach nature in a dynamic way, under the lead of experts in the selected activities, which share with them the common interest in the discovery, through sport, the infinite experiential possibilities, which man-nature interaction can offer.
6.1 reservations required
6.2 booking cancellation by the customer
6.3 cancellation of the outdoor experience by the Coach
6.4 cases of event cancellation
11.bis Use of images
Pursuant to and for the purposes of these Conditions, the following definitions are applied:
events/tours: the communication published on the platform that aims to promote the purchase of the service offered, explaining its qualities and benefits for the user, with the indication of the relative cost;
coach / guide: he or she who possesses the appropriate specific requirements, supports the user in achieving the specific sporting goal prefixed, providing specific support towards the acquisition of a plus high degree of awareness, responsibility, choice, trust and autonomy;
user: all those who access the site, regardless of being members of the community, and decide to use the service offered on the portal;
outdoor experience: any activity that is practiced by the user in the open air, in Italy or abroad, subject of the offer on the platform;
service: the set of services rendered by the coach / guide, following the agreement taken directly with the user / customer, by virtue of the offer on the site of Toonado;
offer: proposal to users for the service’s execution by the coach of reference, added by the site in order to combine the users sporting-recreative needs, with those of the coach / guide / instructor.
personal data: all personal information relating to each Member, including name, address and telephone number, collected through the Site.
The site presents an open area where the users could access in order to view all outdoor experiences and purchase them by entering data requested by Toonado.
The outdoor experiences and the related detailed program will be added on the portal both by the company and by coaches authorized to this function by Toonado. It is possible to view the ads and book an outdoor experience by accessing the portal.
Access to the site is allowed only to adults. In fact, the user who accesses to the portal declares and guaratees the legal age and the ability to act, necessary to book offers.
Instead, the activities provided could be joined by those who are under the legal age, in
accordance with the mandatory condition to be accompanied by a parent or adult who
takes responsibility for any damage that they may cause to themselves, to third parties, or to properties, during the outdoor experience purchased by signing a special form.
Customers have the opportunity to view the website www.toonado.it and choose
the sport in which they are interested and the related “Toonado Sport Experience”.
Each activity is described analytically, with indication of all dates available, the location, times, difficulty level, equipment supplied and the one eventually charged to the sportsman.
It is possible to book one of the outdoor experience online through the portal www.toonado.it: the customer can select the Experience by choosing the date and specifying the number of participants, inserting his name and surname, email, telephone number and all information requested in order to perfect the booking. The latter will be confirmed to the customer through a specific e-mail.
Right after the booking, the coach / guide is engaged to provide to the customer his own experience and the related knowledge of territory, of the practice that will take place under his lead, as well as the consequences that come from the practice, all according to the methods and terms contained in the description of the related outdoor experience. The coaches / guides are solely responsible for all reservations confirmed through the portal and, therefore, they are committed to theirs exact and complete fulfillment, assuming responsibility on their own and with no responsibility of Toonado.
The user agrees to conclude an agreement directly with the coach / guide recognizing that Toonado is no way part of these agreements and, except as provided in these conditions, recognizes the non-existence of any liability arising from the agreements to Toonado.
6.1 Reservations required
In order to participate in one of the Toonado Experience, it is required the booking via website, to be made obligatorily within 24 hours before the event, subject to availability. In some cases, in exclusively Toonado’s discretion, reservations received will also be accepted a few hours before the event.
6.2 booking cancellation by the customer
Cancellations from customers can be made free of charge no later than 2 days before the date booked exclusively by email at firstname.lastname@example.org. It will be considered valid the communication received in the aforementioned manner.
Cancellations received after the above deadline will not be accepted and the amount due will be charged regularly.
6.3 cancellation of the outdoor experience by the Coach / Guide
In case of experience canceled by the professional, Toonado will promptly notify the participants by email and they will not be charged of any amount. If the coach / guide cancels an experience, penalties will be applied against him with reference the number of subscriptions already collected at the time of the package, considering that this kind of event affects and alterate the balance in the community Toonado, with negative consequences on user programs and on the image of the platform.
In case of cancellation of the experience by the coach / guide above 7days before the event, Toonado will withdraw € 50.00 from the following fee.
In case of cancellation below to 7 days before, the company will withdraw € 100.00 from the coach/ guide fee.
In case of cancellation of the date booked, the coach’s schedule will remain blocked and he/she will not be allowed to accept further reservations for that day.
In case that a coach cancels three or more bookings in a year, Toonado, in its complete discretion, may decide to disable his account.
6.4 Event canceled due to adverse weather conditions.
In the case of weather conditions that will not allow the performance of the the booked outdoor experience, the event will be canceled after communication to all participants by email or phone. In this case no amount will be charged.
At the time of booking, no amount will be charged. It will only be checked the availability on the account or credit card provided. The charge will be made only on the date booked.
The price of the experience is set by the coach / guide who will lead the activity, on Toonado’s non-binding tariff indications. To such amount, indicated on the site, Toonado will add one percentage from 20% to 60% based on the type, the peculiarity, the merit of organized experience. The price of the service includes:
– the assistance of a professional coach / guide, in possession of a patent and / or certified licenses, in the possession of which he personally assumes the
– the possibility of accessing the Toonado community;
– any equipment provided during the excursions.
The user agrees that the use of the site and the service offered are entirely at his own risk, except the obligations of the processing of personal data and any other burden, which are laid by law upon Toonado. Unless otherwise indicated explicitly on the portal, the Toonado’s obligations are limited to making available the portal and the service connected to it, to the general users. Toonado does not verify the veracity of the information provided by customers for registration / booking and for the purpose of participating at the event. The customer takes responsibility for declarations mendacious and is engaged since the time of booking to use due diligence and attention. Toonado does not guarantee that the portal is suitable for use by any subject or accessible at any time and from any geographical area, but it will be committed, to the extent reasonably possible, each useful action to maintain the portal available and its functionality to the extent provided for in these conditions. Toonado excludes any responsibility in the case of the portal malfunction depends on: (1) unauthorized or incorrect use of the portal from users; (2) total or partial malfunction of user’s computers or his electrical and electronic equipments; (3) internet or telephone network malfunction; (4) unauthorized access to the Toonado computer system by third parties; (5) causes of force majeure or otherwise not directly dependent on Toonado; (6) in general, from any event not directly imputable to Toonado.
The customer expressly acknowledges and accepts that since the moment of the service performance the General Conditions of Use will apply. In no case Toonado will be liable for damages to third parties or to the contracting parties resulting from the service and performance. This disclaimer concerns, in a non-exhaustive manner, direct or indirect damages to third parties or goods, consequential, incidental and any damage related to personal or physical injury. The user also assumes responsibility for damages that he/she has caused to him/herself, in relation to the activities booked and purchased, as well as completed, being responsible alternatively and exclusively the chosen coach / guide, without ever request Toonado restoration of any damage that may have occurred in carrying out the activity object of the purchase. This limitation shall remain valid even if Toonado is informed of the possibility of such damages by the organizing coach, who will decide whether to undertake the activity offered and sold, to its own exclusive risk and danger. The user is committed to carefully read the characteristics of the event offered by evaluating, on a par with his own experience and ability techniques, if it is compatible with his physical possibilities and athletic, in order to independently decide whether to participate, even in relation to the level of difficulty expressly indicated or otherwise illustrated, in the description of the event itself. For this reason Toonado is exempt from any liability, resulting from non-compliance by the user to the rules indicated in paragraph above. The user exonerates Toonado, by joining the chosen event, from liability for any claims that may occur during the transfer to the place where the event is held.
9 bis. User clothing
The user is required to wear suitable clothing in accordance with information on the site, with reference to the event at which it intends participate; Toonado is therefore exempt from any liability for any injurious events that might occur to the user, due to non-compliance to the precautions related to the clothing prescribed / recommended by the coach responsible for the individual event. This total exemption from liability extends to the coach him/herself.
In case of non-compliance with the rules and regulations relating to clothing prescribed, the participant will not be covered by the insurance coverage.
Any professional who possesses valid documentation and actual evidence of certified guide requirements in specific sport activity reference, can submit the application through the website and Toonado reserves the right to accept. The coach will have to declare to own, at the time of the application, appropriate certification and insurance coverage during validity, making himself available to demonstrate the qualifications at the simple request of Toonado.
The coach/guide must also possess an excellent and proven knowledge of the reference territory in which the experience will take place outdoor. The coach/guide accepted as such by Toonado, will have to create his own public descriptive profile of his qualifications and experiences and propose a program of sporting activities, which should be accepted by Toonado before posting on the web. The coaches responsible for the events, are all equipped with cover insurance for the activities inherent in their assignment; Toonado assumes no liability for any claims that occur during the execution of the user’s chosen event.
Toonado also offers the possibility to provide extra services (transfers, etc.) with respect to the Conditions, upon request of the user and subject to payment.
11 bis. Use of images
The user accepts, at the time of joining the chosen event, that any images of the him/herself, that may possibly capture him/her during the event, are disclosed for purpose also promotional from Toonado, without this entailing any violation of the right of image nor any form of compensation in favor of the user and at the expense of Toonado, of the coach of reference or other users.
These Conditions may be amended at any time at the sole discretion of Toonado. Any changes and / or new conditions apply from the time of publication in the appropriate section of the portal.
These Conditions and any disputes relating to their execution, interpretation and validity are subjected to Italian Law. The Court responsible for disputes which arise between Toonado and its users or between the owner of the site and the coaches will be decided by the Court of Naples, which Forum agreement that the parties will commit to accept, with the signing of the application form, without prejudice to the provisions of specific mandatory legal rules, in matter of competence for territory.