Terms of service and cancellation

1. GENERAL PROVISIONS

These Terms and Conditions of Sale govern the purchase agreement between “BergamoXP SRL”, hereinafter referred to as “BergamoXP”, and the customer regarding the purchase of products and services published on the website at the URL: https://www.bergamoxp.com

BergamoXP is:

Company: BergamoXP SRL
Registered office: Via Garibaldi 46/A, 24036, Ponte San Pietro, Bergamo
VAT number and Tax Code: IT 04874940168
Registered in the REA: BG – 495803

Browsing and submitting a purchase order implies acceptance of the following conditions.

Before accessing the products and services offered on the website, the user is required to read these general terms and conditions of sale, which are considered generally and unequivocally accepted at the time of purchase.

BergamoXP reserves the right to modify or supplement these general terms and conditions of sale at any time, also in consideration of any regulatory changes, without prior notice. Such changes shall be binding for customers only from the moment they are published on the website https://www.bergamoxp.com and shall not have retroactive effect.

2. PURCHASE ORDER

The order shall be considered completed and finalized only upon receipt by BergamoXP of the required payment.

BergamoXP may not process orders for services that are no longer available at the time of the order. In such cases, the order will not be processed and the reasons will be communicated via email.

In this case, the purchase contract will not be concluded and BergamoXP will refund the customer any amounts received in relation to the uncompleted purchase contract.

No right is recognized to the Customer to claim damages nor any liability for direct or indirect damages to persons or property caused by the non-acceptance of an order, even if partial.

3. TECHNICAL INFORMATION

Before the scheduled activity, BergamoXP will communicate to the customer via email:

  1. Meeting time and location.
  2. Any equipment provided.
  3. What is recommended to bring.
  4. Approximate duration of the activity.

4. PRICES AND PAYMENT

All prices are expressed in Euros. Prices include VAT. Age ranges are always to be understood as years not yet completed. Payment can be made using the following methods:

  1. Credit Card
  2. Paypal
  3. Bank transfer in advance

5. CANCELLATION FEES IN CASE OF WITHDRAWAL

The customer has the right to withdraw from the purchase of the activity. However, in case of withdrawal from the contract before the scheduled activity, for any reason, a penalty will be applied as follows:

  • If made at least 7 days before the start of the booked activity, no cancellation fee will be charged.
  • If made between 3 and 6 days before the start of the booked activity, a gift card will be issued to recover the activity in the future.
  • If made up to 2 days before the start of the booked activity, a cancellation fee equal to 100% of the amount paid will be applied.

The withdrawal must be communicated through the channels specified in point 8 of these general terms and conditions of sale. If no withdrawal communication is made, a penalty equal to 100% of the amount paid will be charged.

Gift Voucher

  • Gift vouchers are valid for 3 years from the date of purchase. They can be used on the dates available in our calendar.
  • Gift vouchers are non-refundable.
  • Gift vouchers can be converted into any of our activities, with possible integration of the price difference if necessary.

6. CUSTOMER OBLIGATIONS

Anyone participating in activities organized by BergamoXP declares under their own responsibility or on behalf of the minor:

  1. To be physically and mentally fit and free from illnesses, suitable for outdoor experiences in general. I also declare that I am in good health and have no physical and/or psychological impediments to sports activities, that I do not suffer from heart disease of any kind, arterial hypertension, syncope or fainting of any kind, deficits of the skeletal, muscular-tendon and/or joint system that reduce physical efficiency and self-rescue ability, that I do not suffer from respiratory diseases such as asthma and/or emphysema, central and/or peripheral neurological disorders (paralysis, paresis, epilepsy), significant psychosis and/or neurosis, that I am not pregnant and that I am not under the influence of drugs, narcotics and/or alcohol. I therefore assume responsibility for having undergone the necessary medical checks.

  2. To observe common rules of good conduct and prudence and all instructions provided by the person in charge. Otherwise, I may be held responsible for any damage caused by failure to comply with such rules, both towards BergamoXP staff, other participants, and any third parties.

  3. To release BergamoXP and its staff (guides, instructors, teachers, companions) from any liability and compensation, except in cases of proven and evident willful misconduct or gross negligence, for physical and material damages occurring before, during and after the activity, even if caused by third parties or other participants.

  4. Any liability of the guides is expressly excluded in case of damages resulting from unsuitable physical conditions.

7. EXCLUSION FROM ACTIVITIES

BergamoXP staff has the right to exclude from the scheduled activity those who:

  1. Do not have the required equipment for the excursion.
  2. Show a poor state of health or physical condition unsuitable for the activity.
  3. Do not comply with the given instructions.
  4. Endanger their own safety or that of others by reckless or irresponsible behavior.
  5. Choose to voluntarily leave the group, in the presence of witnesses

Exclusion from the activity releases BergamoXP and its staff from any responsibility towards the participant concerned. If the participant is a minor, the signing parent or legal guardian will also be excluded.

The participant who voluntarily leaves the activity will not be entitled to a refund of the participation fee.

8. CONTACTS AND COMPLAINTS

The customer can contact BergamoXP for any doubts, requests or complaints via email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Or by phone at: 035.0266375.

9. PROCESSING AND PROTECTION OF PERSONAL DATA

Personal data provided will be processed in accordance with Legislative Decree 196/03 and subsequent amendments. A full copy of the data processing information (privacy policy) and the use of cookie technology (cookie policy) is available in the website footer or by clicking on the following links: PRIVACY POLICY – COOKIE POLICY

10. JURISDICTION AND DISPUTE RESOLUTION

These general terms and conditions of sale and the purchase agreement for services are governed by Italian law.

In particular, the applicable legal provisions are those relating to the cases provided for in this contract: articles 1341 et seq. and article 1469 bis, as well as articles 1470 et seq. of the Italian Civil Code and the Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I.

For any dispute related to the online sales contract or these General Conditions that may arise between BergamoXP and the Customer, the Court of Bergamo shall have jurisdiction.

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