TERMS AND CONDITIONS OF SALE: BACK 4 NATURE® GOLF & SPA PREMIUM EXPERIENCE
1. Contract Qualification and Parties
This agreement governs the provision of the "Back 4 Nature® Golf & Spa Premium Experience". Pursuant to the Italian Tourism Code (Legislative Decree 79/2011 as amended), the contract qualifies as a "Package Travel" as it combines accommodation services with ancillary services (green fees, spa treatments) exceeding 25% of the total value of the combination.
Organizer: The entity clearly identified in the company details, responsible for the proper execution of all included services, even if provided by third parties.
Participant: The adult individual who makes the purchase and/or the end user of the service.
2. Information Obligations and Conclusion of the Contract
Before the conclusion of the contract, the Organizer provides the traveler with the standard information form required by Legislative Decree 62/2018. The contract is deemed concluded when the Organizer sends confirmation of receipt of the order to the email address provided by the Customer. This communication contains a comprehensive summary of the binding conditions and pre-contractual information. The Participant is responsible for the accuracy of the data provided (e.g., golf handicap, allergies); incorrect data may constitute a breach by the Customer.
3. Transfer of the Contract
The traveler has the right to transfer the contract to a third party who meets all the conditions for using the service. The transfer must be communicated on a durable medium no later than 7 days before the start of the package. The transferor and the transferee are jointly liable for the payment of the balance and any administrative costs arising from the transfer.
4. Prices and Price Revision
Prices include VAT and mandatory charges known at the time of purchase. Price revisions are permitted only for changes in fuel costs, airport/port taxes, or exchange rates. If the increase exceeds 8% of the total price, the traveler may withdraw without penalty or accept a substitute package. No increase may be applied within 20 days prior to departure.
5. Payment Terms and Buy Now Pay Later (BNPL)
Deposit: An initial payment is required, generally not exceeding 25% of the total. These amounts are protected by a guarantee in case of insolvency.
Deferred Payment Systems: In the case of payment via BNPL systems (e.g., Scalapay), the Customer acknowledges entering into a credit agreement with a third party, subject to the CCD II Directive. The Organizer warns that failure to pay installments may result in reporting to credit information systems.
6. Exception to the Right of Withdrawal and Penalties
As these services relate to leisure activities with a specific execution date, the 14-day free withdrawal right for online purchases is excluded pursuant to Article 59, letter n) of the Consumer Code. In the event of cancellation by the Customer, the following penalties apply:
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Up to 60 days before the event: 10–15% penalty (administrative costs)
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From 59 to 30 days: 30–50% penalty
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Less than 15 days: 75–90% penalty
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Less than 5 days or No-Show: 100% penalty
In case of simple postponement, the booking remains valid for the new date and refunds are not automatic, unless objectively justified by the participant.
7. Protection in Case of Insolvency or Bankruptcy
The Organizer has an insurance policy or bank guarantee (details to be specified in the contract) ensuring reimbursement of paid sums and, if necessary, repatriation of participants in case of insolvency.
8. Safety, Sports and "Rain Check Policy"
Each participant must be properly registered and covered by mandatory accident insurance in compliance with the Sports Reform (Legislative Decree 36/2021). For the golf component, in case of dangerous weather conditions (e.g., lightning), a "Rain Check Policy" applies: vouchers proportional to the unplayed holes will be issued, excluding monetary refunds. Participants must comply with the rules and dress code of Verdura Resort.
9. Liability and "Loss of Enjoyment of Holiday"
The Organizer is liable for improper performance of services, except in cases of force majeure or fault of the traveler. If the breach is significant and affects the recreational purpose, the Participant may claim compensation for loss of enjoyment of the holiday. Liability for lost items is limited according to international conventions or hotel liability regulations.
10. Intellectual Property and Image Rights
Training programs and educational materials provided are protected by copyright and belong to the Organizer. Promotional use of the participant’s image (photos/videos) requires a separate and optional consent, distinct from acceptance of contractual terms.
11. Privacy and Data Processing (GDPR)
The Organizer processes personal data in accordance with principles of transparency and data minimization.
Sensitive Data: Health-related data (allergies or disabilities) are processed only with explicit consent to ensure service safety.
Marketing and Profiling: Require separate consent.
12. Applicable Law, Jurisdiction and ADR
The contract is governed by Italian law. For disputes between a professional and a consumer, the competent court is that of the consumer’s place of residence or domicile. The parties undertake to attempt resolution through the European Commission’s ODR platform or ADR bodies before proceeding to court.
13. Specific Approval of Clauses (Double Signature)
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Participant specifically approves in writing the clauses relating to: limitation of liability (Art. 9), cancellation penalties (Art. 6), Rain Check Policy (Art. 8), jurisdiction (Art. 12).