General Terms and Conditions
Imprint
IMPRINT
geomarketing of Athesia Buch GmbH
Weinbergweg 7
I-39100 Bolzano (BZ)
Tel. +39 0471 081066
VAT no. IT00853860211
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Tax, legal and administrative headquarters:
Lauben 41
I-39100 Bolzano (BZ)
Total cap. fully paid Euro 3,416,400.00
Chamber of Commerce BZ 91831
Receiver Code A4707H7
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PEC address: athesiabuch.gmbh@pec.it
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hereinafter referred to as geomarketing.
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Disclaimer:
Despite careful content control, we assume no liability for the content of external links. The operators are solely responsible for the content and design of the linked pages. We therefore expressly distance ourselves from all content of the linked pages on the geomarketing website, including all subpages.
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General terms and conditions - General terms and conditions:
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1. Limitation or exclusion of liability
1.1 Although geomarketing always takes care to check the contents of the homepage as far as possible for accuracy, completeness, topicality and legality, there may be errors in the descriptions of accommodation establishments, service descriptions, tours, routes, points of interest, excursion destinations and other textual information Content represented by images cannot be completely excluded.
1.2 The use of all content, directions and data from www.geo-marketing.eu is therefore entirely at your own risk and is intended exclusively for private use. Any other exploitation and/or use is prohibited and punishable without the written consent of the publisher. This applies in particular to reproductions, translations, imitations, microfilming and storage and processing in electronic systems.
1.3 Geomarketing or www.geo-marketing.eu is not liable for the accuracy of the information on directions and tours, nor for the timeliness, quality and completeness as well as service descriptions in text and images, regardless of whether the respective description was written by the editorial team or was set by users/companies. It is stated that neither the author nor the publisher guarantees the accuracy of the information. Liability for damage and/or accidents is not accepted for any legal reason.
1.4 It is solely the user's responsibility to find out about the current status of the operation and any risks of the planned holiday/activity before the start of a holiday/activity. The user is also responsible for compliance with local laws, regulations, bans and restrictions.
1.5 Since each accommodation facility has its own access data, geomarketing is not obliged to check the data and images that its registered users publish for accuracy, completeness, timeliness and legality. geomarketing or assumes no liability of any kind in this regard.
1.6 For offers and services from third parties, the terms and conditions and liability information of the respective providers apply. geomarketing itself assumes no liability for the content, services and offers of third parties on the websites operated by geomarketing. geomarketing is not responsible for the content of other sites linked to from www.geo-marketing.eu and other websites operated by it.
2. Hiking & maps - tour descriptions etc.
2.1 Geomarketing assumes no liability for the correctness and completeness of the maps provided and the underlying data. The user uses it at their own risk. Although all data and maps were created with care and the author and publisher have made every effort to provide reliable information, no guarantee can be given for the accuracy of the information. Liability for damages and/or accidents is not accepted for any legal reason. Hikers and all map users must ensure that due to constant changes, the path conditions in terms of accessibility do not have to correspond to the information in the maps/data.
2.2 We also assume no liability for reproductions or duplicates of trademarks, drawings, photos and images contained in the postings.
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3.Contract form, changes
3.1 Changes to the contract form by the accommodation provider are not permitted. geomarketing is entitled to change these terms and conditions at any time. The accommodation provider is obliged to inform itself regularly about the current terms and conditions at any time, at the latest every 14 days. If the partner does not agree to the change to the General Terms and Conditions, he is entitled to terminate this contract within a period of 21 calendar days from the date the changed General Terms and Conditions are posted online. If the accommodation provider terminates the contract, the contract ends at the end of the month in which the termination is received. If he does not cancel, the updated terms and conditions apply.
4. Transfer of the contract as a whole; Integration into other systems
4.1 Geomarketing has the right to transfer this contract to any company at any time.
5. Images, texts and service descriptions
5.1 Images, texts and service descriptions of the accommodation providers can be posted or exchanged at any time and free of charge via. If the accommodation company orders various changes and/or additions to be carried out by the geomarketing team, these will without exception be charged at the equivalent hourly rate. This regulation also applies to the apps, websites and geo-CMS systems sold by the publisher as well as all print products in the broadest sense.
5.2 Geomarketing is entitled to download the data in the geomarketing system, other sales channels and associated marketing campaigns, photos, graphics and logos from the partner's websites and use them free of charge.
5.3 The accommodation company guarantees that all photos, graphics, logos or downloaded files delivered to geomarketing (and previously Athesia-Tappeiner Verlag and Alpenwelt Verlag) are free of third-party rights, which allow unrestricted use by geomarketing. In addition, unrestricted use of all other products from the publisher in print and digital is possible without reimbursement of costs; this applies without restriction to products from the publisher or that are distributed by the publisher (this applies to both free products and products that are sold).
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6. Claims for damages
6.1 Geomarketing has the right to improve, modify, change, make unavailable, test, maintain and repair the products at any time without incurring any liability or obligation towards the accommodation provider/user.
8. Final provisions
8.1 The invalidity of individual provisions of these general terms and conditions does not affect the validity of the other provisions. In case of doubt, the Italian Civil Code applies.
8.2 Any changes to the General Terms and Conditions must be in writing to be valid and must be signed by the legal representative of geomarketing.
9.Privacy Policy
9.1 In accordance with the law of December 31, 1996 No. 675 (Articles 10,11 and 13), the user declares to be informed and consents to the purposes and areas of use of his data and authorizes/permits geomarketing to use them at home and abroad .
10. Subject of the Conditions
The subject of the conditions is the provision of standard user software and other software products developed by geomarketing (and formerly Athesia-Tappeiner Verlag and/or Alpenwelt Verlag) or suppliers, hereinafter referred to as "programs", as well as support in the use of this software by the seller (hereinafter referred to as Licensor or geomarketing).
11. Scope of Services
The programs are made available to the user including verbal program descriptions and operating instructions. The collection of master data as well as similar preparatory work or the delivery of any necessary data media are not part of the scope of services.
12. Services subject to separate invoice
The licensor will provide the following services according to his possibilities at the request of the user under the applicable conditions: installation, instruction, support via remote support and telephone, advice on troubleshooting after the warranty period has expired. With such services, the user retains full overall performance, supervision and responsibility for the activity in which he is supported by the licensor's employees. Independent program creation by the licensor is not considered support within the meaning of these provisions. The above-mentioned services are recorded and billed individually.
13. User participation
The user bears the additional costs incurred by the licensor as a result of work having to be repeated due to incorrect or corrected information provided by the user. The user ensures that expert personnel trained in the operation of the devices and programs are available at the latest when the program is handed over. The user agrees that personal data may be stored or processed by the licensor within the meaning of the Data Protection Act, to the extent that this is necessary within the scope of the implementation of the standard user software transfer agreement. In the event of suggestions from the user that lead to product developments or further developments, only geomarketing or any supplier companies own all and unrestricted rights.
14. Implementation
The licensor's work is generally carried out during office hours on the licensor's premises or, in exceptional cases, upon agreement, on the user's premises. In the latter case, travel times and travel costs must be paid for separately. The licensor is entitled to commission subcontractors to carry out the work. The user receives the right to use the programs provided by the licensor as well as the program documents themselves. Changes, extensions or other interventions of any kind in the programs are not permitted. All rights to the programs and documentation - in the original or in copies - remain with geomarketing or its suppliers. The transfer of rights from this contract, in particular the transfer of a program or program documents (whether in the original or a copy) to third parties, requires the prior written consent of the licensor. In the event of any infringement by the user with regard to damage caused by improper use of the programs, geomarketing reserves the right to charge an initial damages/penalty of EUR 49,000.00.
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15. Payment Terms
Costs for trips to the user deemed necessary by the licensor as well as additional costs for services that the licensor provides separately will be invoiced separately. The prices for programs from geomarketing or its suppliers are exclusive of VAT. Payment must be made to the account specified by geomarketing according to the agreed payment terms. In the event of late payment, geomarketing will charge default interest of 12% p.a. Geomarketing is entitled to charge an amount of EUR 11.00 plus VAT for each reminder. In addition, geomarketing is entitled to use the services of either the KSV von 1870, a lawyer or a licensed debt collection agency to collect outstanding and due claims. The respective contractual partner undertakes to pay any costs incurred for this.
16. Warranty
The user is aware that, based on the current state of technology, errors in programs and the associated other material cannot be ruled out. The licensor will correct program defects free of charge within a reasonable period of time. If the defect cannot be identified during inspection by the licensor, the user bears the costs of the inspection, especially in the event of incorrect operation of the program. The warranty does not apply to programs or program parts that have been changed by the user.
17. Scope of Liability
geomarketing or if suppliers supply the software, they are directly liable and are only liable for the quality, performance, usability or suitability of the program for the corresponding commercial application of the same. There is no liability or guarantee regarding the handling of the program or the results of using the program in terms of correctness, accuracy or similar.
18. Transfer of risk during shipping; Processing fee
Shipping method and route are subject to the choice of geomarketing. From the time the program/hardware or product is dispatched, the risk is transferred to the purchaser. Any agreed delivery deadline is deemed to have been met if the program is sent by geomarketing or its suppliers within this deadline. All deliveries, including any return deliveries, are at the expense and risk of the purchaser. All prices quoted by geomarketing are exclusive of VAT, packaging, freight and any insurance.
19. Retention of title
Until the software program/goods have been paid for in full by the customer, they remain the property of geomarketing. A program from geomarketing or its suppliers may not be sold, rented or passed on to third parties free of charge by the customer, even after full payment.
20. Disclaimer
geomarketing or its suppliers assume no liability for damages or loss of profits, direct or indirect consequential damages, which arise from the use or improper use of the program, even if geomarketing or its suppliers were informed by the customer of the possibility of such damages. This also applies to any claims from third parties.
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6. Warranty
geomarketing or its suppliers will correct program defects in programs maintained by geomarketing or its suppliers within a reasonable period of time, free of charge. If no defect that can be attributed to geomarketing or suppliers can be found during the inspection, the user will bear the costs of the inspection (including additional costs). This also applies to defects caused by incorrect use of the program by the user. The warranty does not apply to programs or program parts that have been changed or abandoned by the user. Cancellations before the end of the contract period are only possible with the consent of geomarketing. If geomarketing agrees to termination, further claims by the user against geomarketing or its suppliers are excluded, in particular claims for damage caused by incorrect operation of the program.
7. Liability
geomarketing or its suppliers are not liable for any loss or incorrect processing of data. There is no liability claim for data theft and concentrated hacker attacks. geomarketing or its suppliers only assume liability to the extent that such liability is expressly regulated in these terms and conditions. The user releases geomarketing or its suppliers from all third-party claims.
8. Termination / discontinuation of a geomarketing program / annual and multi-year contracts
Multi-year contracts: Here, the customer undertakes to order and pay an annual or monthly pre-defined amount for maintenance, hosting, use of content or other services for a period of time specified in the contract or order confirmation. Geomarketing, for its part, guarantees to maintain the amount as stated in the offer or order confirmation (if no adjustments are provided - the cost of living adjustment is also waived), but not to maintain or further develop the geomarketing programs for the entire specified period.
Geomarketing is free to decide whether and which further developments are included in the maintenance costs and which special functions are subject to an additional charge. The same applies to content that is made available for a limited time via a usage and/or reproduction fee.
Geomarketing is free at any time to stop developing programs and software and/or to abandon them completely. Maintenance contracts (including those lasting several years) may only be charged up to the point at which a geomarketing program is discontinued. Any differences from maintenance that has already been paid for in advance will be charged pro rata and without Interest refunded to the customer. If it becomes foreseeable that a geomarketing program will expire, geomarketing can make or break the billing pro rata, here is an example: A maintenance contract that runs over a period of 3 years is billed on July 1st of each year - once a year. After two years, geomarketing decides to close the program on December 31st. In this example, the final billing is the annual flat rate reduced by 50%, since the geomarketing program is canceled six months (i.e. 50%) before the multi-year contract expires. The customer is not entitled to any compensation of any kind, apart from the reimbursement of any maintenance costs paid in advance. Here is an example: if the customer had prepaid for the entire 3 years of maintenance, he would receive 16.6% of the maintenance costs refunded, since the geomarketing program is discontinued after the duration of 2.5 years and the customer has paid for 3 years .
9. General
Any agreements deviating from or additional to the above conditions are only effective in the form of a written additional agreement. For all disputes arising from legal transactions between geomarketing and the user/purchaser, regardless of the amount in dispute, the district court of Bruneck/Italy is agreed to be the exclusively factually and locally competent court. If suppliers are involved, geomarketing is responsible for choosing the place of jurisdiction and the applicable law; this can be either at the location of geomarketing, at the location of the supplier or at the location of the purchaser.
If the supplier is announced, these General Terms and Conditions (GTC) also automatically apply. If formulations contradict each other, are contradictory or are not formulated in a way that is not easy to understand, it is solely the responsibility of geomarketing to determine which one applies, with the exception of those interpretations which were explained by geomarketing in writing in response to a specific customer request before signing the contract / the submitted order.
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Terms of use for the website
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21. General Provisions
geomarketing or its suppliers guarantee that the hardware supplied is free from material and manufacturing defects. The user or purchaser of a program from geomarketing or its suppliers acknowledges that the program, the content provided, the manuals and other accompanying material are the property of geomarketing or the suppliers and the user or purchaser only acquires a right of use to it.
22. Jurisdiction Agreement
For all disputes arising from legal transactions between geomarketing and the user/purchaser, regardless of the amount in dispute, the district court of Bolzano / Italy is agreed to be the exclusively factually and locally competent court. If suppliers are involved, geomarketing is responsible for choosing the place of jurisdiction and the applicable law; this can be either at the location of geomarketing, at the location of the supplier or at the location of the purchaser.
23. Imprint
Geomarketing or its suppliers hereby reserve the right to appear as developers for all software applications developed. This regulation includes at least the indication of the company name geomarketing or the supplier; This information can be obtained from geomarketing if geomarketing deems it necessary.
Terms of Maintenance & Usage Agreements
1. Subject of the Conditions
The subject of these conditions is the maintenance of programs, use of geomarketing content and software (directly or indirectly through subcontracting to a supplier), hereinafter referred to as geomarketing programs.
2. Scope of services
a) Maintenance
The latest version of a geomarketing program is maintained. Maintenance includes the elimination of program defects for which there is no longer any warranty claim, as well as the ongoing improvement and changes to the programs in their organizational processes. In the course of this change, the software or parts of the software may be eliminated for organizational reasons and may be short-term, without the basic orientation being changed. The customer is therefore not entitled to terminate or reduce the maintenance costs or to pay them later. It is solely the responsibility of geomarketing or its suppliers to decide which improvements to include in maintenance contracts and which additional functions can be purchased by the customer for a fee.
b) Support
geomarketing and/or its suppliers will inform the user about additional software products that are related to the maintained program.
3. Services subject to separate invoice
In addition to the program price, transport, installation and training costs are charged separately. If services that go beyond the maintenance contract are ordered by the user, these will also be charged separately.
4. Implementation
The work is usually carried out during office hours on the premises of geomarketing or its suppliers (at home or abroad) or, in exceptional cases, on the user's premises. In the latter case, the travel times for the outward and return journey will be charged separately.
5. Payment Terms
The monthly fee is calculated for 12 (twelve) months in advance and is due upon receipt of the invoice. If, in exceptional cases, the maintenance takes place on the user's premises, this will be invoiced separately. All prices are exclusive of VAT. Payment of the maintenance costs must be made within 8 days without deductions after the invoice has been issued to the account specified by geomarketing. In the event of late payment, geomarketing will charge default interest of 12% p.a. Geomarketing is entitled to charge an amount of EUR 11.00 plus VAT for each reminder. In addition, geomarketing is entitled to use the services of either the KSV von 1870 or a licensed debt collection agency to collect outstanding and due maintenance costs. The respective contractual partner undertakes to pay any costs incurred for this.
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1. Content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless the author can be proven to have acted intentionally or with gross negligence Fault exists.
All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate notice or to temporarily or permanently stop publication.
2. References and links
In the case of direct or indirect references to external websites ("hyperlinks") that lie outside the author's area of responsibility, a liability obligation would only come into force in the case in which the author is aware of the content and it would be technically possible and reasonable for him to prevent use in the event of illegal content.
The author hereby expressly declares that at the time the link was created, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked/connected pages. He therefore hereby expressly distances himself from all content on all linked/connected pages that were changed after the link was created. This statement applies to all links and references set within the author's own website as well as to third-party entries in guest books set up by the author, discussion forums, link directories, mailing lists and all other forms of databases whose contents can be accessed externally. For illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information, the provider of the page to which reference was made is solely liable, not the person who merely refers to the respective publication via links.
3. Copyright and trademark law
The author strives to respect the copyrights of the graphics, audio documents, video sequences and texts used in all publications, to use graphics, audio documents, video sequences and texts that he has created himself or to use license-free graphics, audio documents, video sequences and texts.
All brand names and trademarks mentioned within the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The conclusion that trademarks are not protected by third-party rights should not be drawn based on their mere mention!
The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
4. Data protection
If it is possible to enter personal or business data (email addresses, names, addresses) within the Internet offering, the user discloses this data on an expressly voluntary basis. The use and payment of all services offered is permitted - as far as technically possible and reasonable - without providing such data or by providing anonymized data or a pseudonym. The use of the contact details published in the imprint or comparable information, such as postal addresses, telephone and fax numbers and email addresses, by third parties to send information that has not been expressly requested is not permitted. We expressly reserve the right to take legal action against senders of so-called spam emails if they violate this ban.
5. Legal validity of this exclusion of liability
This disclaimer of liability is to be viewed as part of the Internet offering from which reference was made to this page. If parts or individual formulations of this text do not, no longer or do not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.
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6. Technical and digital services
As a result of technical maintenance and innovations, temporary failures of the software, apps and other products may occur. The customer has no right to compensation for damage caused by time lost. As part of further development, the publisher and the collaborating companies are exclusively responsible for planning the software updates. The publisher and the cooperating companies endeavor to make the servers and software available as uninterrupted and flawlessly as possible. An interruption of the service must be reported by the customer and does not lead to a claim for damages. This also applies to incorrect displays of the software and apps on individual mobile and stationary devices.
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PRIVACY POLICY
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In accordance with the current legislation and the provisions of Article 13 of EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter "Regulation"), We inform you that the person responsible for the data you provide is Athesia Buch GmbH (hereinafter Athesia Buch), with its registered office at I-39100 Bozen, Lauben 41, tax number and VAT number IT00853860211. More information can be found here.
Navigation data
The IT systems and computer programs used for the functioning of the website collect some personal data, the transmission of which is implicit in the use of Internet communication protocols (e.g. IP addresses or domain names of computers used by users when connecting used with the website, the URI addresses -Uniform Resource Identifier- of the requested resources, the time of the request, the method used to send the request to the server, the size of the file received, the numerical code relating to the status of the response of the server - success, errors, etc. - and other parameters related to the operating system and the user's IT environment.
Although this is information that is not collected to be associated with identified users, it can, by its nature, allow users to be identified through processing and association with data held by third parties.
These data are used only for the purpose of collecting statistical information that is not linked to user identification information about the use of the website and to verify its correct functioning and is deleted immediately after processing. The data could be used to assess liability in the event of hypothetical computer crime against the website.
Data provided voluntarily by the user
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No personal information is required to consult the website.
Any contact with Athesia Buch or the optional, explicit and spontaneous sending of messages, e-mail or postal mail to the addresses indicated on the website involves the subsequent collection of the address, including e-mail, of the sender or the telephone numbers that are required to respond to inquiries, as well as any other personal information contained in the relevant communications.
Such data will be used only for the purpose of following the user's request and may not be disclosed to third parties unless necessary for this purpose.
Consent is not required for the treatment of data for such purposes, since the treatment is necessary for the performance of a contract to which you are a party or for the implementation of pre-contractual measures adopted at your request (Article 6(1)(b). ) of the Regulation) and, where appropriate, to comply with a legal obligation (Article 6(1)(a) of the Rules of Procedure).
The processing of the data is carried out by the personnel commissioned by Athesia Buch using procedures, technical and IT tools suitable for protecting the confidentiality and security of your data and consists of collection, recording, organization, storage, inspection, processing, modification , selection, consultation, comparison, use, interconnection, blocking, communication, distribution, deletion, destruction, including the combination of two or more of the above activities.
These data will be stored for the time necessary to provide the user with the requested service and will be deleted immediately thereafter, without prejudice to any further legal retention obligations. Your data will not be distributed.
As part of its activities and for the purposes set out above, Athesia Buch may request the provision of services by third parties acting as processors on behalf of Athesia Buch and in accordance with its instructions. These are subjects who provide services to Athesia Buch (e.g. IT services for the functioning of the website). You can request a complete and updated list of processors by contacting one of the contacts below.
The data may be transferred within the European Union if Athesia Buch or its suppliers have their headquarters or servers in these countries. The data will not be transferred outside the European Union.
You may at any time exercise your rights under current legislation, including the right to:
Confirmation of the existence of your personal data and access to its contents;
Updating, changing and/or correcting your personal information;
Deletion, processing in anonymized form, blocking of data treated in violation of the law or restriction of treatment;
Object to processing on legitimate grounds;
Receive a copy of the data you have provided and transfer this data to another controller;
Send a specific request to the Data Protection Department, privacy@athesia.it
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