Vendors Terms and Conditions

Last updated: 08/07/2019

Definition:

• “AA AU” or “AgriAdventures Australia” or “www.agriadventures.com.au” or “we”: AgriAdventures TM
• “Visitor”: a potential unregistered website guest
• “Customer” or “Final Customer”: a registered website guest or a paying Visitor
• “Venditori” or “Vendors”: Legal touristic business registered in Italy operating in the food production, tourism, agritourism, accommodation, and the promotion of food products, with an active account on the www.it.agriadventures.com website.
• “Users’ or “User”: The totality of legal actionable entities accessing the platform AgriAdventures.
• “The website” o “the platform”: www.agriadventures.com.au website

Website owner

This website, including all provided content, images, products, services, and other information presented on the website (altogether “Website”) is provided by Simone Berliat (Sole Trader) 33 Columbia Crescent, Hallett Cove, 5158, South Australia, Australia with the trademark AgriAdventures Australia (“AA AU” or “we”). You can contact us by email at admin@agriadventures.com.au or using the contact form provided on the website here

Terms of use and Conditions for Vendors

• Simone Berliat (sole trader) operates the Internet web site and Booking Platform www.it.agriadventures.eu offering booking system for businesses active in rural ecological and food tourism.
• Visitors may view offers from suppliers on the platform and make bookings. AgriAdventures takes the role of an intermediary between the visitor and the supplier,
• AgriAdentures is not a contracting party between the visitor and supplier.
• Objects of this cooperation agreement is solely the provision of the AgriAdventures Booking Platform, based on the terms of this agreement. AgriAdventures has no further obligations or liabilities. In order to allow a correct execution of bookings on AgriAdventures, the booking process is defined in detail in this document.
• The Vendor offers and promotes their services under their own name/brand. He seeks to promote services on the AgriAdventures web site and Booking Platform.

Opening of a Vendors Account

• When you or a delegated person registers as Vendor, information entered will be stored on AgriAdventures servers to be used as far as necessary.

Eligibility Requirements for vendors

• The supplier conducts services on his own responsibility. He is willing to promote their business services on the AgriAdventures website and Booking Platform.
• The supplier must register on the AAAU website.
• Registration is restricted to actionable persons. In the case of registration of a company or a legal body, the person conducting the registration must have proper authorization to act in the name of the company or legal body, respectively. AgriAdventures might request to see a copy of such authorization.
• You need to register with your official name and company name. Registrations under a pseudonym are not allowed. AgriAdventures may delete accounts under wrong names, pseudonyms, etc.
• When registering, the supplier can create one or more “products or events” and propose them on AAAU’s website, during the process vendors, have to complete the appropriate form and submit the request to the AgriAdventures management.
• AgriAdventures has the right to accept or reject activities on events presented by the Vendors as a form or a draft.
• In relation to activities, the vendor is able to obtain a personalized booking calendar via the appropriate form. There are no extra costs for the calendar creation for activities and/or events.
• Any request for a change in the calendar settings has to be communicated through the contact form.
• AgriAdventures has the right to locate the product, activity, or event in the desired category on the Platform.
• The supplier has to possess (and maintain for the entire duration of the touristic activity) all licenses, permits, and authorizations required by local government’s law, to enable and fulfill the services proposed on the AgriAdventures website (including, without limitation, all licenses, permits, authorizations, and concessions related to health and safety required by the relevant authorities).
• The supplier warrants it is currently holdings (and agrees to maintain, throughout the duration of the service) insurance policies act to protect itself and the final customer.

In the course of registration at AgriAdventures, the supplier accepts the present cooperation agreement, the “Terms of Use and Privacy Policy the “General Terms of Business” of AgriAdventures, and the “Vendors Terms and Conditions” available on the platform.

Number of Vendor Accounts

• The registration of more than one vendor account for the same natural or legal person is not allowed.
• The vendor account is not transferable.

Actionability of the cooperation partner

• The supplier must be actionable according to the applicable law. Legal bodies may only conclude the cooperation agreement through an authorized and actionable individual.

General Terms of offer for activities and events.

• The AgriAdventures Booking Platform is provided in the official language of the state in which it operates, If there is more than one official language, AgriAdnventures will provide the platform in the most used language in the country, plus a courtesy translation of the whole documentation and legal terms in the other languages. At this time, multilanguage translation is supported through google translate services.
• AgriAdventures is not responsible for misunderstandings or wrong translations caused by the automatic Google translate service.

Descpription language for activities and events

Currently, the platform doesn’t offer multi-language compilation, it is suggested one applies the official translation in the desired language directly on the activity/event page. In the case of an only English text, the automatic Italian translation won’t be available.

Booking procedure

The website visitor will have the opportunity to view products and events without prior registration. If the visitor is interested in a specific product, he will start a booking process through the platform. The final customer is not required to register an account on the AgriAdventures platform. The booking procedure is considered completed when the final customer process the payment for the required activity/event.

Booking Processing

• The platform AgriAdventures collects only the information required for the correct execution of the activity at the booking time.
• The booking is not confirmed until payment is completed.
• The final customer’s contact details are available in the “Vendors Dashboard” in the “Orders section” for the Vendor to use for after booking communications.
• The Vendor has the responsibility of contacting the final customer to ensure the successful execution of the anticipated activity or event.
• AgriAdventures prohibits the use of contact details by third parties for any and all activities other than completing the intended booking.
• AgriAdventures is not responsible for the use of the information provided from the Vendors, it is advised to refer to the singular Vendors Privacy Policies.
• The booking will draw from the booking calendar administered by the supplier. It is the responsibility of the supplier to keep the booking calendar up-to-date at all times through the contact form.
• The contract between Final Customer and Vendor starts at the time of payment.
• The supplier must satisfy all the contracts stipulated on the AgriAdventures platform.
• The credit card payment of the customer is collected upon the booking.
• Both parties are bound to the contract until execution (with the exception of a booking cancellation by the customer).
• The supplier will provide the customer with all necessary information for the execution of the service (e.g. Meeting point and time, clothing, equipment, etc.) in the product/event’s description in advance.
• The supplier is required to check their email at least once per day.
• AgriAdventures takes care of the customer payment collection and will assure payment on the Booking Platform through a secure payment solution provider, transferring the money minus the agreed commission to the suppliers’ payments account, within 24 hours of the completion of the booked activity as described in the “24 hours policy”.
• The payment solution provider selected from AgriAdventures’s is PayPal.
• AgriAdventures is not responsible for the accuracy of customer data.

Communication regarding services discontinuity.

• The vendor must inform AgriAdventures immediately if security standards cannot be met or if there are other imminent circumstances that make the execution of contracts impossible or threaten customers to render themselves liable to prosecution upon execution of the contract with public authorities. The same is true for the relationship with AgriAdventures.
• In the case of supplier default, AgriAdventures may terminate the cooperation without notice.

Eligibility requirements for Activities and Events

AgriAdventures Italy is a promotion and booking platform for agritourism activities and food tourism events.

Activities and events directly connected to agriculture business, official distributors or third-party services directly related to food producers are permitted on the platform.

What will be accepted: Examples

• Wine and cheese tasting organized by the cheese producer in a local restaurant.
• Beer tasting organized by the official distributor of the brewery.
• Cellar-door visit.
• Farm stay.
• Harvest or end of the harvest season, party.
• Historic tour with dinner in a farm.
• Visit to an orchard
• Visit to a food forest
• Educational farm

What won’t be accepted: Examples

• Historical mansion tours (without tasting of local producer)
• Wine tasting without any connection with the wine producer.
• Pub Crawling
• Food tasting, dinner without the producer.
• Events in private property with no link with agricultural business.

Elegibility Other guidelines

• The supplier specifies his product offerings according to the requirements on www.agriadventures.com.au Activities and Events, which do not meet the requirements, maybe deleted by AgriAdventures without notice.
• Events or Activities which get modified after approval will be subject to revision. AgriAdventures reserve the right to cancel those products if no longer compliant.
• The supplier may only upload his own product offerings. He may not upload products for which he is only an intermediary or agent. The supplier needs to be prepared to perform the offered service. It is forbidden to upload sham or loss-leader products.
• Activities and Events offerings or their execution should not violate any laws or regulations, third-party rights, and morality.  Products with sexist, racist, extremist content of any kind, products that challenge the physical, mental or moral integrity of human beings.
• Adventures has the right to delete such products at any time without notice. Claims for damages and other claims from AgriAdventures, customers, or third parties are explicitly reserved.
• The supplier will enter the product data into the Vendor Administration System. He himself is responsible for ensuring that the provided information is always up to date.
• Revised, canceled or products that are no longer valid must be deleted immediately.
• AgriAdventures reserves the right to delete such offers.
• It must be clear from the product description that the supplier offers the products and services under his own name and responsibility.
• The products must be offered under the generally used brand name. If this brand name is different compared to entries in general registries, the supplier also needs to mention this brand name.
• It must not be implied, either directly or indirectly, that AgriAdventures is the supplier of the products or services, or that AgriAdventures has tested the quality of the offered products and services or otherwise emphasizes their quality. The product descriptions must be completed accurately and truthfully and need to be adjusted instantaneously in case of changes. The supplier alone is responsible for correct product descriptions and prices.

Displayed Content & Intellectual Property

• The supplier owns all of the content and information he uploads on Eco Adventures. Thus, the supplier is solely responsible in ensuring that all uploaded content does not violate intellectual property rights of a third party or is in any other form inappropriate, illegitimate or harmful to Eco Adventures or a third party. The supplier is responsible for immediately removing content from the Eco Adventures website, if such a violation becomes apparent.

Use of intellectual property for marketing purpose on EA

• Accepting these terms and conditions the supplier agrees to grant use of its intellectual property free of charge to EA only for promotional and marketing purpose to the AgriAdventures platform.

Prices and dues

• Product prices need to include all dues, taxes, fees, etc. It is not legitimate to ask the customer to pay any further salaries, taxes, dues, commissions or cover other expenses, upon the execution of the service.
• In case of evidence of supplier default, EA may suspend temporarily product availability or booking payments without notice.

Customer’s Eligibility Requirements for Participation in Activities and Events.

• Customers who do not meet the legal requirements to carry out the activity/event will not be accepted.
• The vendors have the right to set extra requirements for activities and events. Those requirements have to be clearly described in the product description.
• In the eventuality that the final customer won’t possess the eligibility requirements, the seller can deny offering the agreed services.

If the vendor fails to provide a service, he/she is required to communicate with AgriAdventures outlining the conditions and reasons for non-service to the final customer, specifying which offenses were found, adding evidence (photo or signed declarations) of the infringements through the contact form provided below.

In the event of service denial due to final customer in-eligibility, AgriAdventures will, in no case, provide a refund.

[contact-form-7 id=”470″ title=”Modulo di contatto 1 ENG”]

Cancellation of a booking

• If you need to cancel a booked service, it is mandatory to use the contact form on the AgriAdventures Italy website.

Booking Fees

Booking fees applied from AgriAdventues are not refundable.

Cancellations by the customer

• If a customer cancels a booking three (3) days prior to the booking date, the refund will be offered in total from AgriAdventures minus €0,35 cents refund commission.
• If a customer cancels booking less than three (3) days before the booking date, there will be a 50% cancellation fee plus the €0.35 cents refund commission.
• It is possible to cancel the booking up to 17:00 of the day before the booked date.
• Force Majeure cancellation (natural disasters or overt acts of terrorism) are exempt from these regulations.
• In relation, the applications to cancel a booking, and timing for refunds, the time and date of recent of such on our servers will be the determining timing factor.

Cancellations by the supplier

• The supplier may cancel the contract only if unforeseeable or unavoidable external circumstances significantly impede, or compromise the execution of the service, or make such execution impossible.
• The supplier is obliged to inform AgriAdventures and the participating customers as early as possible through the email provided in the booking confirmation.
• In this case, the participating customers will be fully refunded.

24 Hours warranty policy

• In order to maintain a reliable and trustworthy environment between Customers, Vendors, and the platform AgriAdventures, the 24 hours payment policy has been introduced.
• The policy defines a rule where the payment to the Vendors happens 24 hours after the date of the booking for which the payment is made. AgriAdventures holds the payment during this 24 hours period.
• This is done to avoid miss-services, maintain a professional and reliable environment throughout the activity/event, and allow final customers a reconciliation opportunity with the supplier in case of gross negligence.
• For more information, the policy is available in the 24-hour policy’s page.

AgriAU_admin

Commission and Beta testing

• AgriAdventures Beta applies a 8% commission for handling the booking process.
• AgriAdventures requires that all commission from the third party involved in the booking and payment gateway system is paid by the supplier at the moment of the activity payment.
• The commission will be drawn from the amount paid to AgriAdventures by a customer upon booking of a certain product. If no payment is credited to AgriAdventures (e.g. revocation of credit card payment), there will be no commission credited to AgriAdventures.
• The commission required to cover the third party commissions for AgriAdventures procedure will be automatically withheld from the rates paid by the customers. Any taxes and other expenses that are to be paid by the supplier.
• Banking fees are at the expense of the supplier

Payment gateway procedure

• The payment gateway selected is PayPal Payouts.
• AgriAdventures cover all costs required from PayPal to manage and complete the money transaction from the final customer to the Vendor’s PayPal account.
• Extra costs are covered individually from the Vendors.
• In agreement with the “24 hours policy” AgriAdventures will allow one complete day’s separation between the booking day and the payment processing day.
• Payments will be processed one time per day. Information about payments is available in the “Vendors Dashboard” under “payments”. Payments will be completed using the PayPal address provided by the Vendor.
• Vendor’s PayPal address needs to be added in the field “PayPal Address” in “settings” under Payments. The PayPal e-mail is essential to complete the appropriate payment procedure.

In the eventuality of errors in the payments transactions Vendors need to contact AgriAdventures immediatelly using the contact form providing the following information:

• Payout ID number: (Vendor’s Dashboard under Payouts)

• Transaction Date
• Value of the Transaction
• Order ID number: (in the Payouts description)

PayPal transaction Code. (Vendor’s PayPal account

• Error description and problem encountered.

Our team will answer you sooner possible.

Revoked credit card payments, etc.

• Should a participating customer cancel his credit card payment before the use of the booked service, or the payment is not fulfilled for any other reason, AgriAdventures will inform the supplier immediately.
• If a credit card payment is revoked after the fulfillment of the contract between the supplier and the customer, AgriAdventures will inform the supplier. AgriAdventures will inform the service provider about the reasons for withdrawal according to the particulars of the credit card organization and ask him for comment within 5 working days. Eco Adventures will forward this statement to the credit card organization.
• AgriAdventures is not obliged to take legal measures of any kind against a customer, who does not pay for a certain service or cancellation, or who revokes a credit card payment. AgriAdventures will convey these claims to the supplier, if possible.

Billing

• AgriAdventures creates a payment summary for the supplier on the first week of each month, taking into account all bookings that have been carried out during the previous month.
• The supplier is responsible himself for the correct accounting to authorities and customers.

Liability of the supplier to participating customers.

• The supplier is a contracting party with the participating customer and thus responsible for the correct execution of the service. The supplier will strive to solve problems directly with the customer.
• Should AgriAdventures be prosecuted because of a supplier’s product, the supplier will help AgriAdventures to defend any claims and sets AgriAdventures free of any demands.

Damages caused by participating customers

• AgriAdventures is not liable by any means for damages participating customers cause to the supplier, other participating customers, or third parties. The supplier settles such affairs with the participating customer directly.

Review System

• After the fulfillment of an activity, customers have the opportunity to review and rate a product and supplier using AgriAdventures’ review system. The aim of the review system is to create meaningful and accurate product and supplier profiles in terms of performance, reliability, and trustworthiness. These profiles can be viewed by any visitor on the AgriAdventures’ Booking Platform.
• Customers are required to provide only entirely proper and truthful reviews. Inaccurate, untruthful, offensive or otherwise unprofessional remarks may be deleted from AgriAdventures. The Vendor is not entitled to delete certain statements. – If he/she becomes aware of abusive reviews, he should report them immediately to AgriAdventures.
• AgriAdventures reserves the right to suspend/delete products or profiles of service providers if the average rating by customers falls below the two stars at any time previous prior written notice.

Functionality and Availability of the Platform

• AgriAdventure provides the Booking Platform in the given released version and with the corresponding functions.
• A claim for provision and maintenance of certain functions etc. does not exist. Regarding the availability of the system, no warranty is given. Website access may be temporarily restricted by maintenance or other work or might be limited or entirely impossible. In so far that limited access or temporary inaccessibility have an impact on the execution of a transaction, e.g. because a product offering cannot be uploaded or booking or the transaction cannot be made, there are no claims against AgriAdventures.
• The suppliers themselves are responsible for the backup of emails and booking cancellations. AgriAdventures is not liable for data loss.

Data Protection

• The supplier has to enter his data into the supplier account. This data will be treated confidentially and is not made accessible and only shared with a third party, in so far it is required for the correct execution of the contract between customer and supplier. AgriAdventures reserves the right to provide certain information to authorities etc., if required by legal provisions. AgriAdventures reserves the right to open accounts to authorities or third parties, in order to counter claims, demands etc.
• The supplier is required to treat the transmitted customer data confidentially and protect such data according to applicable privacy laws. Without the prior consent of the customer, such data may not be made accessible to third parties.
• The supplier has no right to access data on customers, visitors, etc., stored on AgriAdventures servers.
• The Vendor has the right to use the contacts details provided in the orders received in his account only for the purpose of guaranteeing the correct completion of the booking itself. The contact details received can not be used for marketing purposes.
• In the case, AgriAdventures detects the failure by the Vendors to observe the before-mentioned rules it may proceed with the closure of the Vendor’s account without any notice.

Responsibility for Content

• The supplier is self-responsible for content submitted through his account, such as product descriptions, starting price etc. AgriAdventures treats such content as external content.
• AgriAdventures also treats visitor and customer content, such as forum entries, reviews etc. as external content and excludes liability.
• If AgriAdventures is notified about or detects content that does not comply with this “General Terms of Business” and “Vendors Terms and Conditions” or the “General Terms of Use and the Privacy Statement of AgriAdventures” general legal provisions, AgriAdventures may partially or fully delete this content.
• If the abusive content originates from a supplier, AgriAdventures is entitled to block access to or delete his account.
• The supplier may only upload contents and data for which he owns the corresponding (copy-)rights. Such information must not abuse the privacy rights of visitors, third parties, etc. and needs to comply with the applicable competition laws and other legal requirements.
• Should AgriAdventures be prosecuted because of such content, the supplier will help AgriAdventures to defend any claims and sets Agri Adventures free of any demands.
• Provider won’t include inside product information: (a) the telephone number, fax number, e-mail (including Skype) or references to social media pages, (b) the link or direct references to their website or a third party website or (d) any other means by which a customer may contact the provider directly. AgriAdventures reserves the right to exclude or modify the information on the property that it considers incorrect, inappropriate or incomplete.

Contract length and extraordinary termination

• A vendor can cancel its profile any time and required to erease he’she details from the platform. It can be done contacting AgriAdventures using the contact form provided.
• Remaining confirmed bookings must be executed as planned.
• The contract may be terminated without reason by AgriAdventures, if certain circumstances prohibit further collaboration. These are in particular, false information in the supplier account, forums, false promises to AgriAdventures or the customer, failing execution of service offers without reason, disobeyance of legal provisions and/or safety standards. In these cases, AgriAdventures will terminate the supplier account.

Disputes:

• In the event of disputes between the Final Customer and the Vendor, AgriAdventures offers a resolution platform active for 24 hours from the contracted commencement time of the activity/event. Any resolution request communicated to AgriAdventures after 24 hours from the planned commencement of the activity/event, must be resolved directly between the involved parties. Request’s arrival time on the AgriAdventures servers will be used as a reference.
• Requests must be submitted through the AgriAdventures contact form available.
• AgriAdventures must not be in any way considered part of the contract of execution between the Customer and the Vendor. AgriAdventres acts as an intermediary between the Customer and the Vendor as a courtesy form to maintaining a more reliable platform and greater satisfaction for all of our users.
• AgriAdventures offers no guarantee of a satisfactory outcome for either party involved in the disputes.
• For dispute resolution between the Customers and the Vendors, AgriAdventures will refer to reservation details, the information contained in the product description (events/activities), and all communications received by AgriAdventures on the contact form provided.
• AgriAdventures has no obligation to verify the truthfulness of the information communicated by the parties involved and expects that any information communicated will be truthful and every user acts in good faith.

Place of Fulfilment

• As place of fulfilment, the parties agree place Adelaide, country Australia.

Change of the given agreement

• AgriAdventures reserves the right to modify this agreement at any time. AgriAdventures will notify the Vendors with a message to his supplier account and about any changes in this agreement.
• The supplier has 21 calendar days to provide its feedbacks, the changes in the agreement will be adopted after the given deadline. The changed agreement will be valid for all new incoming bookings.
• The agreement is also accepted if the supplier uploads new products or modifies existing products within the 21-day period.
• Upon termination of this agreement with AgriAdventures, already concluded bookings with final customers are required to be fulfilled.

Applicable law for the Contract between Supplier and Customer

• The contract between supplier and customer is subject to applicable laws and the “Terms of Business” of Agriadventures and the “Vendors Terms and Conditions”

Applicable Law for the contract AgriAdventures – supplier and venue of jurisdiction

• This Cooperation Agreement and any further legal relations are subject exclusively to Australian Law. The agreement of the United Nations Convention on the International Sale of Goods (Vienna Sales Convention) is explicitly excluded.
• As the exclusive venue of jurisdiction place Adelaide, country  Australia is agreed.

Simone Berliat (sole trader)

33 Columbia Crescent

5158 South Australia

Australia