‍1. Introduction

1.1 BizAway is a company that has developed a Platform (as defined below) for consulting databases for booking (including possible assistance) and reporting on travel services made available by Providers (as defined below) that are third parties to this Agreement, as well as offering assistance and consulting services carried out on various channels through a specialised team ("TED" and “GTM”). 

1.2 The following terms and conditions - and any subsequent amendments thereto - apply to all agreements concluded with Customers (as defined below) who wish to make use of the Platform and the services made available online through it, either directly or indirectly (through distributors), via any mobile device, by e-mail or by telephone. 

1.3 Subscription to the Platform takes place by subscribing to the Offer (as defined below) and allows the visit and use of all the features made available, within the limits of the T&Cs (as defined below).

1.4 By using the Platform, the Customer declares that it has fully understood and accepted the terms of the Offer as well as the T&C below (including the privacy policy) in their entirety.

2. Definitions

2.1 Terms with capital letters have the following meaning: 

2.1.1 "BizAway" means the company BizAway S.r.l. Benefit Company, with registered office in Spilimbergo (PN) 33097, Piazzetta Walterpertoldo n.4 - Italy, P.IVA IT-01775640939, operator of the Platform (as defined below) and facilitator of the subsequent purchase of the Services between the Customer and the Providers, responsible for transmitting to the Providers the details of each Reservation and sending to the Customers (on behalf of the Providers) the confirmation e-mails of each Reservation. BizAway assumes no responsibility for the organisation and provision of the Service and will provide the Customer with the name and address of the Provider to whom the provision of the Service will be directly and independently entrusted. 

2.1.2 "Customer" or “Customer” means the subject - company, association, private or public entity, sole proprietorship, professional, etc., acting within the scope of its commercial, entrepreneurial, artisanal or professional activity - who signs the Licence Agreement with BizAway 

and is authorised to use the Platform to purchase the Services promoted and/or offered by BizAway, usable for themselves and their Passengers, as defined below. 

2.1.3 "Passengers" means the persons - whether employees, managers, servants, etc. of the Customer - authorised by the Customer to use the Services and in whose name Vouchers may be issued as a result of Reservations made. 

2.1.4 "Consumption" indicates the value of Reservations made in the reference month. 

2.1.5 “Available Language” means one of the eight languages in which the Platform is made available: Italian, English, French, Spanish, Portuguese, German, Dutch, Russian. For TED support, the English language is always guaranteed, while the local language is guaranteed depending on shifts, availability and time slots. 

2.1.6 "Credentials" means the Platform access credentials provided by BizAway to the Customer. 

2.1.7 "Documentation" means all documents relating to the Platform, the Licence, the Additional Licence, the Services and the Tickets, regardless of the form and medium in which they are made available to the Customer. 

2.1.8 "Licence" means the licence to benefit from the services usable via the Platform that BizAway grants to the Customer in return for payment in accordance with the agreed terms. 

2.1.9 "Agreement" means the document summarising the services included in the Licence and the specific agreements, which the Customer completes and signs for acceptance. 

2.1.10 "Platform" means the automated web platform (front end, back end, tools, etc.) and the corresponding app, access to which is subject to the subscription of at least one Licence, used by BizAway to enable customers to view and book Partner Services, manage Reservations, Vouchers, check payments and provide a periodic consumption report. 

2.1.11 "Reservations" means the process of purchasing Services regularly concluded by the Customers on behalf of the Passengers. through the Platform with the Reservation, the Customer and the Passengers establish a direct and binding contractual relationship with the Provider providing the Service.
2.1.12 "Intellectual Property" means any of BizAway's rights in the Platform and its content as well as any applications, renewals, extensions, reintroductions and reinstatements, as governed from time to time by patent, copyright, trade secret, trade mark, unfair competition, privacy and any other protected legal position relating to proprietary rights, currently in force or enforceable in the future, throughout the world. 

2.1.13 "Provider" means the provider of (1) accommodation (e.g. a hotel, motel, aparthotel or bed and breakfast), or (2) transportation services such as cruises, train and coach travel, air travel, tour operator transfers, insurance companies and any other travel-related or travel related product or service made available for booking on the Platform. This definition includes Affiliated Providers. 

2.1.14 "Agreed Provider" means the Provider(s), with whom the Customer already has an agreement in place for the provision of Services at Agreed Rates, that the Customer wishes to list on the Platform. 

2.1.15 "Services" means the services provided by Providers (transport services, hospitality services, etc.) that can be accessed and purchased by the Customer via the Platform. The details of the Services are provided directly by the Providers, who are solely responsible for updating the rates, availability, information displayed on the Platform and the proper provision of the Services. 

2.1.16 "Agreed Services" means Services, provided by Agreed Providers, booked via the Platform. 

2.1.17 "Fees" means the cost of each Service. Unless otherwise indicated on the Platform or in the Voucher, the Fees are: (1) in the case of Hotel Services, per accommodation, for the entire stay; (2) in the case of Transport Services, per person or group. In all cases, Fares are subject to validity as indicated in the Voucher and are inclusive of VAT and all other taxes (subject to currency exchange of such taxes). Sometimes, cheaper Fares can be found on the Platform for the same Service: these Fares, proposed by the Providers, entail restrictions and special conditions, for example regarding cancellation or refund, which should be carefully checked before each Reservation. The definition includes Agreed Fees. 

2.1.18 "Agreed Fees" means the fees, agreed with the Agreed Providers for the provision of a Service, which the Customer wishes to enter into the Platform. 

2.1.19 "T&Cs" means these terms and conditions of use of the Platform, as updated from time to time, including any document referred to in them. 

2.1.20 "Voucher" means the legitimation documents confirming the Customer's right to enjoy the Services purchased following a Reservation. 

2.1.21 "BC" means the BizAway Code, i.e. the booking code that BizAway issues at its discretion when booking an individual Service for each Passenger. 

2.1.22 "PB" means Passenger per Booking. It refers to a method of charging for the service rendered calculated on the basis of the number of passengers per BC (BizAway Code). 

2.1.23 "OP" means Transaction in the sense of a single service or action. 

2.1.24 “TED” means the Travel Expert Desk service, an assistance and consulting service provided via chat and/or e-mail as indicated in the specific Annex. 

2.1.25 “Data controller” means the natural or legal person, public authority, service or other body which alone or jointly with others determines the purposes and means of the processing of personal data. 

2.1.26 “Data processor” means the natural or legal person, public authority, service or other body that processes personal data on behalf of the data controller. 

2.1.27 "GTM" means Groups & Trips Management, the reservation and purchase of Services made under a single Reservation for a number of Passengers exceeding ten. 

2.1.28 "BizzyFlex" means that, in the event of a change in the Reservation, it is possible to obtain a refund of all or part of the Fare in accordance with the terms and conditions of sale indicated from time to time. 

2.1.29 “Spending limit” means the maximum amount, usually expressed in euros, that the Customer may accrue as fees owed to BizAway for the use of the Services and the Platform, without the need for advance payment of the relevant sums.

2.2 All definitions shall have the same meaning whether they are used in the masculine or feminine singular or plural.

3. Purpose of the Service 

3.1 Through the Platform, Customers subscribing to a Basic Licence may consult the Services made available by the Providers and purchasable through the same Platform. 

3.2 As the operator of the Platform, BizAway cannot be held liable for errors, interruptions, failure, partial or inadequate provision of the Services. Providers are solely responsible for the accuracy, completeness and correctness of the information published on the Platform, as well as for the provision of the Services. 

‍4. Registration and Access 

4.1 Access to and use of the Platform is permitted only to Customers in possession of regular credentials. Credentials are obtained upon activation of a License. 

4.2 Failure to comply with the T&Cs results in BizAway's right to temporarily suspend the account and temporarily block or restrict the Licenses. In the most serious cases it may result in permanent  exclusion from the Platform. Such measures are at the sole and unquestionable discretion of BizAway. 

4.3 Access credentials (email address and password) are for the exclusive use of the Customer to whom they have been assigned and are restricted to the Platform. Customers are obliged to keep their credentials secret. Should Customers become aware of unauthorised access or if they suspect misappropriation of their credentials, they are obliged to inform BizAway immediately. Customers who fail to comply with abuse reporting requirements are liable for any unauthorized use of their login credentials. Upon notification of abuse BizAway will activate the password change procedure, temporarily suspending the account and releasing Customers from liability for the misuse of their Platform access credentials from that point on.

‍5. Reservations

5.1 By making the Reservation, the Customer unconditionally accepts the terms of provision of the Services offered by the Provider, including (but not limited to) the cancellation and no-show rules and any additional rules or conditions applicable to the Service, including the structure and context in which it is provided. 

5.2 The general cancellation and non-submission rules for each Service are shown on the Platform by each Provider on the information pages of the Service, and remain visible (also in summary or recapitulative form) during the Booking procedure, until the Voucher is sent. 

5.3 Cancellations or changes are not permitted for some Fees. In the event of a no-show or change or cancellation, resulting in the non-use - in whole or in part - of the Service, the Provider may still charge the full amount, penalties or costs - e.g. tourist tax (if applicable). Before making a Reservation, the Customer is obliged to carefully check the conditions of use of the Service. Cancellation and payment conditions may change depending on the type of Service. Special additional conditions may be applied by the Provider (e.g. age requirements, security deposit, extra surcharges or cancellation conditions for groups, extra beds, rates without free breakfast included, animals and credit cards accepted, etc.) and will in any case not be reimbursable by BizAway.

5.4 Late payment, error in filling in personal or credit card data or insufficient balance in the Deposit Account may jeopardise the successful completion of the Reservation and may result in the refusal to provide the Service and the impossibility of refunding any advance payments (classified as non-refundable) unless the Provider himself agrees to make the refund or allow the Customer to use the Service by other means. 

5.5 The Reservations made remain visible in the Customer's personal area, which can also be accessed to check, modify or cancel the Reservation (if possible) by following the Platform wizard, and under the conditions set out in Article 5.3. 

5.6 It is the sole responsibility of the Customer to obtain all information regarding the safety and documentation required to reach the booked destination or an intermediate destination. During the booking process, BizAway may provide the Customer with notices and instructions regarding the destination, even intermediate, that is the subject of the booking (the "Notices"), such as, for example, the flight schedule, check-in time, train schedule, pickup time, departure terminal, departure gate, etc., the content of which constitutes mere unofficial information provided to the Customer to enable him/her to assess the risks. Notices may also be provided to the Customer after the Reservation has been made, in order to provide the Customer with general information regarding the Reservation, including but not limited to: the flight schedule, departure terminal, etc. The Customer acknowledges and hereby declares that he/she agrees to receive such Notices, that he/she will not ignore their content, and that he/she will take all necessary precautions and comply with general safety rules. The Customer acknowledges that the content or service covered by the Notices is not intended to replace official measures and/or notices from the competent Authorities, nor is it intended to replace the Customer's own risk assessment, common sense or compliance with general principles relating to general safety rules and  personal safety, which remain the Customer's sole responsibility. 

5.7 BizAway cannot guarantee that the information and updates contained in the Notices are complete, adequate and error-free. For these reasons, it shall always be the responsibility of the Customer to gather the necessary information and to evaluate the data provided by the Notices on an individual basis, expressly releasing BizAway from any liability in this regard.

5.8  If the Customer does not make any Booking via the Platform for a consecutive period of six (6) months, BizAway reserves the right, subject to giving at least thirty (30) days’ notice, to anonymise the data and information associated with the Customer’s account. Following this action, the data and information relating to previous activities will no longer be accessible or available to the Customer.

6. Fees 

6.1 The Platform is accessible through the purchase of a Licence. The cost of each Licence is not included in the Booking Fee and varies depending on the Customer's consumption and chosen payment system and is indicated in each Offer. The cost of each Licence does not include VAT. 

6.2 The rates of the Services available on the Platform are competitive. All rate details are provided by the Provider prior to each Reservation, are updated by the Provider in real time and are summarised in the Voucher issued upon successful completion of the Reservation. The Fee shown in the Reservation will be confirmed only upon receipt of the relevant Voucher. 

6.3 Each Provider may decide to charge fees and penalties (including tourist/tourist tax, as well as administrative fines or penalties in the case of car rental) in addition to the rates indicated, for example in the case of no-show or cancellation of the Reservation. BizAway therefore recommends that Customers and Passengers carefully consult the terms and conditions of each Service prior to making any Reservation. Tourist tax will not be charged by BizAway, but shall always be paid, if due, directly by the Customer to the Provider. 

6.4 During the Reservation process, the Customer shall also be entitled to select the BizzyFlex fare for Passengers, which will allow, in the event of a change to the Reservation, to obtain a refund of part of the Fare in accordance with the terms and conditions of sale indicated from time to time. At the time of the Reservation process, the Customer will be informed of the conditions of application of the BizzyFlex fare. The choice to take advantage of the BizzyFlex Fee shall be at the complete discretion of the Customer. 

6.5 The currency converter is for information purposes only and should not be regarded as an accurate and operational real-time indicator, as rates may vary. 

6.6 BizAway reserves the right to offer its Customers who are duly registered on the Platform the opportunity to join the Loyalty Program, through which they may earn points based on their use of the booked Services (“Waypoints”) in accordance with the calculation methods and terms of availability established by BizAway. Waypoints are personal and may not be transferred to third parties or assigned. Accumulated Waypoints may be used exclusively to obtain service enhancements on business travel bookings made through the Platform (e.g., upgrade to a higher travel class, access to airport lounges, hotel room upgrades) or to obtain discounts on Service bookings and do not constitute cash consideration or any monetary value outside the Program. In the event of withdrawal, termination, or otherwise the termination of this Agreement for any reason, all Waypoints accumulated by Customers and not yet used as of the effective date of the termination of the Agreement will be automatically reset to zero and may no longer be used. In the event of termination of the employment or collaboration relationship between the individual employee and the Customer, the Waypoints associated with said employee may no longer be used. BizAway reserves the right to suspend or cancel the Program and the related Waypoints at any time.

6.7 BizAway reserves the right to make the Platform available to the Customer in order to offer the Customer’s employees the opportunity to book Services as part of corporate welfare programs and/or as a corporate benefit recognized by the Customer. 

7. Payments 

7.1 Licences are invoiced by BizAway at the agreed frequency and sent by email. The Customer agrees to make immediate payment to BizAway of the amount due upon receipt of the relevant request for payment by BizAway. Invoicing shall take place in the form and manner prescribed by law. 

7.2 Payment for Services is handled by BizAway, on behalf of the Provider, through a third party. The booked Services are therefore paid at the time of Booking directly to BizAway, which, with the help of a third party, shall forward the payments to the Provider in accordance with the conditions agreed with the Provider. 

7.3 All Bookings shall be made by secure online payment methods (insofar as this function is offered and supported by the Customer's bank) or by withdrawal from the Customer Account. 

7.4 Any payment handled by BizAway on behalf of the Provider and subsequently transferred to the Provider shall constitute a payment to the Provider by the Customer and may not be claimed in any way, except in the case of fraud or unauthorised use of the credit card, within the limits of the law. 

7.5 BizAway shall not be liable, nor can it be held liable, even in a negligent manner, in the event of fraud or unauthorised use, including by third parties, of the customer's credit card, on which the risk of unauthorised charges is borne. The Customer shall have the right to request reimbursement and/or compensation for the sums unduly charged directly from the credit institution that issued the card. BizAway is willing to provide the Customer, upon specific request, with the documentation necessary to file a claim with the credit institution. In any event, BizAway shall not be liable to the Customer for an amount exceeding the amount of the card issuer's deductible for the fraudulent or unauthorised transaction or the cost of the Reservation indicated on the Voucher, whichever is lower, provided that the Customer has first provided BizAway with proof that he or she has reported the fraud to the credit card provider (in accordance with its regulations and procedures) and to the competent authorities. 

7.6 Failure to pay within the required time limits shall entitle BizAway to cancel any Reservation to the detriment of the Customer, and to demand and obtain payment of the amounts advanced and accrued credits plus the annual rate of 10% calculated monthly from the due date of payment. 

7.7 Notwithstanding the above, in the event of a breach by the Customer of his or her payment obligations under this Agreement, BizAway reserves the right to suspend the Licence and access to the Platform until the Customer has regularised his or her position, without prejudice to the right to take immediate action to recover the credit. Once the position has been regularised, BizAway shall have the right to replace, at its sole discretion and subject to prior notice to the Customer, the method of payment with the immediate debit of the credit card at the time of the Reservation, which the Customer hereby declares to accept without reservation. 

7.8 The Customer will be responsible for any additional charges or expenses of any kind, such as, but not limited to: currency exchange costs, commission costs, transaction costs, withholding taxes, administrative fines imposed for violations of the law (e.g. the Highway Code), penalties imposed by car rental services. The Customer shall also be responsible for any additional charges or expenses, for whatever reason due, for the use of additional and/or further services not offered directly by BizAway (for example: costs for choosing flexible options for travel conditions, costs for flight cancellations, penalties, etc.). Such additional services will be freely chosen by the Customer on the Platform during the booking phase, with the specific indication of the additional price to be paid, which will be invoiced directly by BizAway. 

7.9 Each Party agrees to provide any communication related to this Agreement and its attachments by written communication by e-mail or certified mail to the references indicated in paragraph 2 "Parties to the Agreement". The Parties undertake to promptly notify each other in writing of any change in their Reference. 

7.10 In the event the Customer fails to make a payment in full by the agreed due date, without prejudice to the right to any remedy provided by law, interest shall be applied to the amount due pursuant to and for the effect of Legislative Decree No. 231/2002. 

7.11 During the term of the Contract, the Customer may change or cancel the payment methods only if it has paid the Invoices in full and does not yet have any Services to use (so-called Hard Delete). In the case of Hard Delete, therefore, the credit card data will be immediately deleted from BizAway's databases. Hard Delete will not be possible in the event that the Customer still has to use certain Services or has not paid the balance of the invoices: in this case, the request for cancellation or modification of the payment method will not be possible and the payment method data will remain available to BizAway for an additional six (6) months after the request, in order to allow, for example, the settlement of outstanding invoices (so-called "Soft Delete”). In the case of Soft Delete, the Customer shall not be able to proceed with new bookings unless he or she decides, within the aforementioned six months, to reactivate the same payment method for which he or she had requested the cancellation. Changing the previous payment method to a different one will only be possible if approved in advance by BizAway. 

7.12 In the event that, during the Duration of the Contract, the Customer requests fulfillments from BizAway that may involve costs charged to the latter, BizAway may charge these costs directly to the Customer at the time of billing (for example: costs for registration in the supplier register). 

7.13 The Customer is aware of the need to take security measures to ensure the protection of its credentials and the security of payments. The Client acknowledges and accepts that, in any case and irrespective of any events of computer fraud, phishing attacks, misappropriation of access credentials or any other illicit activity carried out by third parties that are not the direct responsibility of BizAway, the obligation to pay the sums due under this Contract shall not be forfeited. This obligation shall exist irrespective of the actual availability or use of the reserved Services, as well as the possible failure of the Provider to reimburse the sums subtracted.

7.14 The Customer is solely responsible for the unsuccessful outcome of the Booking or failure to use the Service they intend to book if the Booking is prevented due to exceeding the contractually agreed spending limit. BizAway shall therefore not be liable in any way for the Customer's failure to use the Services, nor for any price changes.

8. Obligations of Bizaway 

8.1 BizAway undertakes to: guarantee the usability of the Licences and the efficiency of the Platform for the entire duration of the contract, except for temporary disconnections due to technical problems and/or maintenance; eliminate, without delay as soon as it becomes aware of it, any incorrect, offensive activity or activity aimed at destabilising the system carried out by Customers; not to disclose confidential information provided by Customers, in compliance with national privacy legislation; transfer to the Provider the amounts collected from Customers; notify Customers  of changes in T&Cs.

8.2 It is possible that unforeseen system errors or technical malfunctions of the Platform may occur that are not attributable to BizAway, for which BizAway assumes no responsibility. However, in such cases, BizAway undertakes to promptly report - if and when possible - any suspensions of activity due to occasional or maintenance events, it being understood that the suspension of services, in such cases, shall not give rise to any claim for compensation, discount or indemnity of any kind. 

8.3 BizAway disclaims any liability with regard to the failure to provide the Services, the quality of the Services, or in connection with any damage arising therefrom.

8.4 The Customer acknowledges and accepts that BizAway cannot be held liable in any way for fraudulent, irregular or unauthorised bookings made by individuals who, despite having credentials or authorisation to access the Platform, have acted in violation of the Customer's internal policies, company procedures or through malicious, fraudulent or abusive conduct. It is expressly understood that the verification, monitoring and prevention of such conduct is the sole and exclusive responsibility of the Customer.

9. Customer Obligations 

9.1 The use of the Platform and the use of the Licences strictly prohibits the following: using the Platform and its parts to Customers who have been temporarily or permanently suspended; manipulating Rates or Reservations; circumventing or manipulating the structure of Rates, the billing process, or fees due; publishing any information that may be commonly regarded as defamatory or libellous, misleading, inaccurate, false (including personal information); act to destabilise the system; transfer, even temporarily, your credentials to others without BizAway's consent; use or publish spamming, spread viruses or other technologies that may harm the Platform or its Customers; resell BizAway's services; copy, modify or disclose the contents of the Platform, intellectual property rights or trademarks owned by BizAway or the Providers. 

9.2 The Services may not be used by the Customer until explicit acceptance of the conditions in respect of the Privacy Act has been provided. 

9.3 Pursuant to and for the purposes of Legislative Decree 231/2001, the Customer undertakes, including for its directors, employees, and/or collaborators in general, to comply with the rules contained in the Code of Ethics, including ESG (Environmental, Social, Governance) criteria, where applicable), approved by and the model adopted pursuant to Legislative Decree 231/2001 and available on the BizAway website and in any case delivered at the time of signing this contract, accepting in full all the terms and conditions that it declares to be well aware of 

9.4 In the event of violation of the Code of Ethics for conduct attributable to the responsibility of the Customer, BizAway S.r.l. SB may terminate by right and with immediate effect pursuant to art. 1456 of the Italian Civil Code, the Contract by registered letter with return receipt, without prejudice in any case to any other legal remedy, including the right to compensation for any damages suffered. The customer shall substantially indemnify and hold harmless BizAway and on its behalf, its assignees, auditors, directors, employees and/or legal representatives from any claim, damage and/or demand, including legal costs, that may be made by third parties in relation to any violations of the aforementioned Code of Ethics and/or Organisational Model. 

9.5 The Customer undertakes to ensure that its employees, managers, agents, representatives, collaborators, affiliated companies, (hereinafter referred to as ‘Personnel’) comply with the conditions of this Agreement and the applicable legal provisions. The Customer shall be held liable for any act, omission, statement or conduct of its Personnel that may cause damage, harm or adverse consequences to BizAway S.r.l. SB and other companies or persons in the group including, but not limited to: complaints, claims, reviews, comments, email communications, social media posts and/or other forms of public or private communication that could be considered defamatory, disparaging or damaging to the reputation of BizAway S.r.l. SB. The Customer undertakes to monitor and moderate, as far as reasonably possible, the communications of its Personnel in order to prevent the publication of potentially defamatory or harmful content. In the event of violation of this provision, the Customer hereby undertakes to promptly remove, or cause to be removed, content that is potentially defamatory or damaging to the reputation of BizAway S.r.l. SB and other companies or persons in the group and where requested by the latter, publish a public statement of rectification, as well as compensate BizAway S.r.l. SB and/or the direct aggrieved party for any damages, costs or expenses incurred as a result of such violations, including, but not limited to, legal fees, reputational damages and loss of profits. BizAway S.r.l. SB reserves the right to take further legal action to protect its interests in the event of serious or repeated violations of this clause.

10. Liability 

10.1 Without prejudice to the limitations set forth in the T&Cs and by law, BizAway shall only be liable for direct and immediate damages actually suffered and documented by the customer that are directly attributable to a breach by BizAway of its obligations under these T&Cs. The indemnifiable amount shall in no way exceed the total amount of the cost of the Reservation covered by the Voucher. 

10.2 Neither BizAway nor any of its operators, officers, employees, representatives, subsidiaries, affiliated companies, affiliated providers, licensees, agents or persons involved in the production, sponsorship, promotion or dissemination of the Platform and its content will be held liable for (i) punitive, special, indirect or consequential loss or damage, loss of production, profit, income or contract injury or damage to good name and reputation, loss of right, (ii) the inadequacy of the Provider's (descriptive) information (regarding rates, availability and classification of Services), made available on the Platform, (iii) the Services provided or offered by the Provider, (iv) damages (direct, indirect, consequential or punitive), losses or costs suffered, paid or incurred as a result of inability to use or delay of the Platform, but arising out of or in connection with use, or (v) bodily injury, death, property damage or other damages (direct, indirect, special, consequential or punitive), losses or costs suffered, paid or incurred by you, suits including out-of-court settlements, errors, breaches, gross negligence, wilful misconduct, omissions, negligence, misrepresentation, civil or strict liability for an unlawful act attributable (in whole or in part) to the Provider (or their employees, directors, officers, agents, representatives or affiliated companies) whose Services are directly or indirectly made available, offered or advertised on or through the Platform, including (partial) cancellations, overbooking, strike, force majeure or any other event beyond BizAway's control; (vi) computer viruses of any kind (including, but not limited to: malware, trojans, etc.) that may infect the device, resulting in the loss of data or other material. 

10.3 Furthermore, neither BizAway nor any of its operators, managers, employees, representatives, subsidiaries, affiliated companies, affiliated providers, licensees, agents or persons involved in the production, sponsorship, promotion or dissemination of the Platform and its content, will be held liable for damages of any nature or kind resulting from the loss of Vouchers, travel or accommodation tickets or necessary to use the booked Service, or from the lack of physical and/or legal requirements to use the Service (including but not limited to expired identity documents or passports, loss of the issued ticket, absence of visa, etc.BizAway is in no way obliged to verify the regularity, validity and existence of the requirements to use the Service, the verification of which is the sole responsibility of the Customer and Passengers. 

10.4 The Customer declares that he/she is aware and accepts that, in all cases set out in Article 7 of these T&Cs, it is the responsibility of the Provider to collect, withhold, send and pay to the competent authorities the applicable taxes, calculated on the basis of the total price of the Reservation BizAway, as a mere facilitator of the purchase, cannot be held liable in any way (nor can it be called to  account) for collecting, withholding, sending or paying to the competent authorities the applicable taxes on the cost of the Reservation made through the Platform. 

10.5 The Customer declares that he or she fully understands the purpose and manner of use of the Platform and that he or she has adequate knowledge and technical requirements for such use. The Customer expressly indemnifies BizAway from any liability for damages that may be incurred by the Customer and/or third parties as a result of using the Platform in a manner that is not in accordance with these Platform Terms and Conditions of Use, the Contract Terms and Conditions and the Privacy Policy. 

10.6 Client is also aware of the need to take appropriate security measures to protect his or her credentials and payment instruments, and releases BizAway from any liability for damages resulting from fraudulent activities perpetrated by third parties. The Client is also aware of the importance of having adequate Cyber Risk insurance coverage.

11. Protection of Personal Data 

11.1 The Website's Privacy Policy and Cookie Policy can be consulted at the following link. 

11.2 By using the Platform, Customers appoint BizAway as Data Processor pursuant to Article 28 of the GDPR as per the document "Appointment as Data Processor" available at the following link. In the event that, by agreement with the Customer, the Platform is used by users for non-business purposes, or via their own private billing profile, BizAway will act as the Data Controller.

11.3 The latest updated version of the physically delivered personal data processing notice is also available at the following link. 

11.4 By accepting this agreement, the customer declares that he/she has read and accepted the content of the privacy compliance documentation indicated in the preceding paragraphs. 

11.5 The customer accepts as adequate the security measures implemented by BizAway in accordance with the requirements of Art. 32 ff. of the GDPR. 

11.6 The Customer agrees to maintain the confidentiality of information regarding the security policies, systems and procedures communicated to him or her by BizAway in accordance with the obligations set forth in Article 28 of the GDPR. 

11.7 The parties acknowledge that BizAway holds ISO/IEC 27001:2024, 27017:2015 and 27018 certifications, issued by a leading international certification body, Dasa Raegister, S.p.A., In this context, the parties acknowledge the authority of this certification, which was issued following a thorough independent audit and is maintained through annual surveillance audits.

That being said, any Audit activity by the owner, unless due to specific situations that have arisen, shall be limited to verifications/checks of an ordinary nature, preferably on a sample basis, and in any case without burdening the operational flow of the manager. In this context the Owner, or a third party indicated by the Owner, may check the adequate application by BizAaway of the regulations or best practices and industry standards, or in any case the content of this agreement and subsequent instructions. In the event that the audit reveals an incorrect application of the relevant information security regulation or best practice, BizAway shall comply with it within a reasonable period of time agreed between the parties, in case of failure to comply, the responsible party may terminate this Agreement, without prejudice to the right to be compensated for.

12. Communications 

12.1 When registering, the Customer is required to provide a valid email address on which to receive notifications, including confirmation of the Reservation and the corresponding Vouchers. Communications made to the address provided by the Customer shall be deemed to have been made personally to the Customer at the registered office. BizAway shall not be liable in any way for missed deliveries due to non-existent or incorrect e-mail addresses, (mobile) telephone numbers or credit card numbers, as BizAway is under no obligation to verify their existence or correctness. 

12.2 BizAway disclaims all liability to the Customer for communications sent by the latter via the Platform and directed to the Provider. No requests or communications directed to the Provider may be made to BizAway, as BizAway cannot guarantee that such requests, subsequent to forwarding, will be received, read, taken care of, executed or accepted by the Provider. 

12.3 Complaints or claims will be possible within the limits set out in the T&Cs and must be filed under penalty of forfeiture within 30 days from the date of Booking. Any claim must be properly documented, preferably by means of screenshots taken during the Booking process from which the error is apparent. 

12.4 Any communication addressed to BizAway must be made by means of the appropriate forms on the Platform or, only if this is not possible, must be sent by registered mail with return receipt to the address indicated in Article 2.1.1 and anticipated by e-mail to support@bizaway.com.

13. Intellectual property rights 

13.1 BizAway is the exclusive owner of all rights, title and interest in and to all intellectual property rights concerning the graphical appearance and general interface (including infrastructure) of the Platform. No Customer is authorised to copy, derive, link to, publish, promote, integrate, use, combine, or in any other way use the content or trademarks without the express written approval of the owner of such rights. The use of the content subsequently modified by the Customer shall result in the need for the Customer to assign, transfer and fully assign any intellectual property rights attributable to it to BizAway. Any use not in accordance with the law or the T&Cs is a material breach of the intellectual property rights (including copyright and database protection rights) set forth in these T&Cs. 

14. Miscellaneous 

14.1 The T&Cs, and the performance of services rendered directly by BizAway, shall be governed by and construed in accordance with Italian law. 

14.2 The parties shall endeavour to attempt to resolve amicably any disputes that may arise between them. In the event that it is not possible to reach an amicable settlement of the dispute, the dispute shall be resolved in accordance with Article 14.3, after, where appropriate and necessary, the mediation or assisted negotiation procedures have been carried out. 

14.3 All disputes arising from these T&Cs, the Order and the services rendered by BizAway shall be submitted to the exclusive jurisdiction of the Court of Pordenone 

14.4 The original text of the T&Cs was drafted in Italian and subsequently translated into other languages. The translated version is unofficial and for illustrative purposes only and therefore has no legal value. In the event of disputes or inconsistencies or discrepancies between the Italian text and translations into other languages, the Italian text shall prevail over all others. 

14.5 In the event that any of the clauses of these T&Cs is invalid or ineffective, loses its validity, it will be replaced with a valid and effective clause that reflects the superseded clause as closely as possible, without affecting the validity of the rest of the contract. 

14.6 The T&Cs may be validly changed, modified or supplemented unilaterally and at any time by BizAway, which shall give written notice to the Customer, who shall have the right to withdraw from the contract without penalty with a written declaration sent to BizAway within 15 days following the aforementioned notice. 

14.7 Failure or delay on the part of BizAway in exercising its rights shall not operate or be construed as a waiver on the part of BizAway, nor shall it preclude the exercise of such rights under any circumstances. 14.8 The Customer acknowledges that all remedies available to BizAway shall be deemed to be cumulative and without prejudice to any additional rights or remedies that may be available under applicable law.

14.9 Unless otherwise agreed between the parties, the Customer authorises the use of its logo(s) on BizAway's website and other materials for informational purposes Concomitantly, BizAway agrees not to use images and logos of the Customer in contexts that could compromise decorum or in situations that could damage the public image of the Customer. 

14.10 The language of the customer service tends to be that of the country of the customer, if it is included among the Available Languages, or in the absence thereof, English only.