Terms and Conditions of Service

1. Object

1.1. Unexpected Italy is a digital platform (hereinafter referred to as the "Platform"), accessible through the website https://www.unexpected-italy.com (hereinafter the "Site") and through the respective applications for mobile and tablet devices (hereinafter the "App"), owned by Unexpected Italy S.r.l. Benefit Company (Tax Code and VAT Number 08704360729) with registered office in 70132 - Bari, Viale Volga c/o Fiera del Levante pad. 129, represented by the temporary legal representative Elisabetta Faggiana, registered with the Companies Register of Bari as an innovative startup and benefit company (hereinafter "Unexpected" or the "Company").

1.2. The Platform allows Consumer Clients (as defined below) to discover accommodation facilities, restaurants, cultural and/or recreational experiences, itineraries, travel routes, all selected and tested, off the beaten tourist paths.

1.3. The following are the terms and conditions (hereinafter "T&C") that govern the use of the Platform and the Site, as well as the provision of services offered by Unexpected to Consumer Clients.

1.4. Consumer Clients shall be entitled to all protections provided in the event of distance contracts pursuant to Title III, Section II of Legislative Decree No. 206 of September 6, 2005 ("Consumer Code"), as well as all additional mandatory protections provided in their favor by the same Consumer Code and any other applicable law.

2. Definitions

For the purposes of these T&C, the following definitions apply:

"User Area": the area of the Site or the Platform or the App accessible exclusively by the User.

"User": all those who access the Site, regardless of whether they are Consumer Clients.

"Consumer Client": the consumer who accesses the Site and/or the App to avail of the services offered therein, meaning the natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out.

"Affiliate": the professional, natural or legal person, rigorously selected by Unexpected, adhering to the network of commercial structures indicated, proposed, and recommended by the Platform to Consumer Clients.

"Service": everything offered by the Platform: travel directions, guides and experiences, travel design services, and blogs.

"U-Passport": digital tourist guide service, purchasable both through the Platform and through the App and usable via the App, which indicates to the Consumer Client unexpected and authentic places, itineraries, and experiences, selected locally, customized based on the needs and travel indications of the Consumer Client.

"U-Stay," "U-Eat," and "U-Experience": tourist guide services through which the Consumer Client is directly connected with Affiliates selected by Unexpected, differentiated based on the type of experience required (accommodation, food and wine, cultural, etc.).

"U-Stories": tourist guide service, accessible to all Users free of charge, which tells personal, family, and business stories, anecdotes, peculiarities, forgotten traditions, and in general provides information and curiosities collected by Unexpected directly on-site.

"U-Plan": travel design service through which the Consumer Client benefits from personalized tourist consultancy offered by Unexpected, thus creating their tailor-made travel experience.

3. Scope of Application These T&C apply to purchases of Services available in the electronic catalogue of Unexpected at the time of placing the order and viewable online on the Site and/or Platform.

4. Registration, Login, and Cancellation

4.1. In order to purchase the Services – without any obligation to purchase on the part of the registrant – each User may register on the Site and/or the Platform by choosing a password and providing the following personal data:

• name, surname/business name;
• date of birth.
• and at the time of placing an order, the following will also be required:
• nationality;
• address of residence/registered office;
• telephone number;
• shipping address if different from residence/registered office;

tax code

4.2. The data provided to Unexpected will be stored upon registration, and the processing of such data is subject to privacy regulations, pursuant to Legislative Decree No. 196/2003 and EU Regulation No. 679/2016 (GDPR).

The User may modify such data and request deletion at any time by accessing their profile on the home page.

4.3. The username for accessing the reserved area will consist of the email address used for registration.

Conclusion of Service 5.1. In the event that the Consumer Client wishes to proceed with the purchase of the U-Stay, U-Eat, and U-Experience Services, after completing the form on the Site, they will be directly connected with the Affiliate, with whom they will independently proceed with the reservation and purchase, with no intermediation of Unexpected.

5.2. Regarding the U-Plan service, after the Consumer Client has custom-designed their travel experience with the consultancy of Unexpected, they must pay Unexpected a fee, which will be calculated based on the duration and type of travel or event planned. This fee will be estimated by Unexpected and submitted to the Consumer Client during the planning phase of the experience, so that the Consumer Client has all the necessary information regarding the costs of the consultancy offered.

5.3. Regarding the U-Passport service, the Consumer Client will proceed with the purchase directly from the Site or the App with payment directed to Unexpected itself, and the purchase will be considered completed only upon receipt of an email ("Purchase Confirmation") from Unexpected confirming to the Consumer Client the acceptance of the purchase and the payment made.

5.4. With regard to U-Passports, upon completion of the purchase, the contractual relationship exists directly between the Consumer Client and Unexpected.

5.5. In all other cases, Unexpected acts solely as a consultant and/or intermediary between the Consumer Client and the Affiliate, who remains the sole entity entirely responsible for the compliance of the service offered on the Platform.

Withdrawal and Cancellation 6.1. The withdrawal and/or cancellation procedures for the tourist experiences suggested or intermediated by the Platform are regulated by the individual Affiliates, and are contractually agreed upon independently between the Affiliates and the Consumer Client.

6.2. Unexpected may withdraw from the contract governed by these T&C at any time, notifying the Consumer Client by email to the address provided during registration. In turn, the Consumer Client has the right to withdraw at any time from the contract governed by these T&C by written communication to Unexpected.

6.3. The Consumer Client expressly acknowledges and accepts that they shall not be entitled to any refund of the fee paid to Unexpected for the Services used prior to exercising the right of withdrawal as per this clause.

6.4. Unexpected may also communicate the immediate termination of the contract with the Consumer Client in case of serious violations of these T&C by the Consumer Client, or of laws, regulations, or third-party rights.

7. Termination, Liability, and Guarantees 7.1. Unexpected is not responsible for the negotiation and execution of the selected, suggested, and/or intermediated tourist experiences between the Consumer Client and the Affiliate through the Platform, with the Affiliate being the sole centre of accountability for any liability.

7.2. In the event of termination due to non-performance of the contractual relationship suggested or intermediated by Unexpected, the sole party responsible for any damage suffered by the Consumer Client, as well as the sole party liable for any refunds, is the Affiliate, without Unexpected being held accountable for anything, not even on grounds of negligence in selection, as Unexpected has no commissioning, collaboration, and/or partnership relationship with the Affiliates.

7.3. Unexpected does not provide any warranty or make any promises regarding the conformity of the Services except for those directly created by Unexpected.

8. Payment and Invoicing 8.1. For the purchase of U-Passports and U-Plan, the Consumer Client can use the following payment methods:

Credit card In the case of purchasing services using credit card payment methods such as Visa and Mastercard, the credit institution will immediately debit the amount related to the purchase upon completion of the online transaction. In the event of order cancellation, either by the Consumer Client or if not accepted by Unexpected, the cancellation of the transaction and the release of the amount committed will be requested simultaneously by our staff. The release times depend solely on the banking system and may take until their natural expiry (24 days from the authorization date). Once the transaction has been cancelled, Unexpected cannot be held responsible for any damages, direct or indirect, caused by delays in the release of the committed amount by the banking system. Unexpected reserves the right to request additional information from the Consumer Client (e.g., landline telephone number) or the submission of copies of documents proving ownership of the Card used. In the absence of the requested documentation, Unexpected reserves the right not to accept the order. At no point during the purchase process does Unexpected have access to the buyer's credit card information, transmitted via a secure connection directly to the bank's website managing the transaction. No Unexpected computer archive will retain such data. In no event can Unexpected be held liable for any fraudulent or unauthorised use of credit cards by third parties during the service purchase on https://www.unexpected-italy.com.

Paypal 8.2. For purchases made using PayPal payment methods, PayPal will immediately debit the amount related to the purchase upon completion of the online transaction.

9. Suspension and Interruption of Service 9.1. Unexpected reserves the right to add, remove features or characteristics, or suspend or completely interrupt the provision of the Service on the Site, Platform, and/or App either temporarily or permanently.

9.2. In the event of the permanent discontinuation of the Site, Platform, and/or App, Unexpected will act as possible to allow Consumer Clients to retrieve their information hosted by Unexpected.

10. Changes to these T&C 10.1. Unexpected reserves the right to make changes to these T&C at any time, notifying the Consumer Client by publishing them on Unexpected's website.

10.2. The Consumer Client who continues to use the Platform, Site, and/or App after the publication of the changes accepts the new T&C without reservation.

11. Processing of Personal Data 11.1. The Client's data is processed by Unexpected in accordance with the provisions of the legislation on the protection of personal data pursuant to Legislative Decree no. 196/2003 and EU Regulation no. 679/2016, as specified in the information provided on the Site.

11.2. For information on the processing of personal data, Users and Consumers must refer to the Privacy Policy of Unexpected.

12. Geolocation 12.1. The personal data used for the operation of the Platform is acquired directly from the data subject. In particular, with reference to the purposes and methods of processing the IP address of the Consumer Client and the GPS coordinates of the terminal on which the Platform is installed and/or displayed, please refer to the information prepared pursuant to art. 13 GDPR and to the Cookie Policy, also provided to the Consumer Client upon completion of the registration procedure or uploaded to the Platform.

12.2. This processing is entirely optional, and therefore the Consumer Client must unequivocally manifest their consent.

12.3. The Consumer Client may also refuse the processing of this functionality without preventing the use of the Platform. Regardless of the above, the computer systems and software procedures used for the operation of the Platform (such as, for example, Apple store or Google Play) acquire, during their normal operation, certain data attributable to the Consumer Client, the transmission of which is implicit in the use of Internet communication protocols, smartphones, and devices used. In this category of data fall, by way of example but not limited to, geographic location, the identity of the device used, the contacts of the Consumer Client. Unexpected is not involved in such processing and cannot in any way be considered responsible. The Consumer Client may, however, consult the privacy notices made available on the following sites:

Apple Store: https://www.apple.com/legal/internet-services/itunes/en/terms.html Google Play: https://play.google.com/intl/en/about/play-terms.html.

13. Communications All communications related to Unexpected must be sent using the contact information indicated below.

info@unexpected-italy.com

14. Applicable Law and Jurisdiction

14.1. The contract entered into between the Consumer and Unexpected shall be governed and interpreted in accordance with Italian Law.

14.2. Any dispute relating to the application, execution, interpretation, and violation of the contracts of purchase/supply/consultancy concluded online through the Site is subject to the exclusive jurisdiction of the place of residence or domicile of the Consumer Client, and in any case the jurisdiction of the Italian State.

15. Age of Use The Platform, the Site, and/or the App may be used by individuals aged 18 or older. Registration on the Platform, the Site, and/or the App by a minor is strictly prohibited. By accessing, using, or registering on the Platform, the Site, and/or the App, the Consumer Client declares and warrants that they are 18 years of age or older.

16. Intellectual and Industrial Property 16.1. Unexpected is the owner or licensee of all industrial and intellectual property rights relating to the Platform, the Site, and the App, its contents, and the materials published therein (including, but not limited to, texts, lists, manuals, photographs, illustrations, images, technical drawings, videos, audio, advertisements, trademarks, domain names, databases, designs, projects even if not covered by patent, software, databases, and any other material or content - collectively, the "Material"). These rights are protected in accordance with applicable laws and international treaties. Furthermore, Unexpected shall not be liable if the state of the places differs from the description contained in the Materials published on the Platform.

16.2. Without prejudice to the contractual protection provided for in these T&C, since the use of the Site, the Platform, and the App implies acceptance, and therefore any activity of illicit use of the same, as provided for in the paragraph "Unauthorized Uses," will be considered a violation of the contract between the parties.

16.3. The User, regarding freely accessible content, and the Consumer Client are authorized to print a copy of the pages of the Platform and/or the Site and to download extracts for their personal use or to share them with other individuals within their organization.

16.4. The User, regarding freely accessible content, and the Consumer Client may not modify the material, whether printed or digital, printed or downloaded from the Platform. In addition, neither party may use images, photographs, video or audio sequences, or any graphics separately from the accompanying text.

16.5. Unexpected must always be indicated as the author of the material.

16.6. The User, regarding freely accessible content, and the Consumer Client may not use the Platform or the Material for commercial purposes without the prior written consent of Unexpected.

17. Limitations of Liability

17.1. To the extent permitted by law, Unexpected excludes any warranty, express or implied, regarding the Platform and/or the Site and/or the App and their use.

17.2. Unexpected excludes any liability, contractual or extra-contractual, towards the Consumer Client for damages or losses, arising from or connected to:

• The use or inability of the Consumer Client to use the Platform and/or the Site and/or the App;
• The inability to access the Platform and/or the Site and/or the App;
• The use of information or materials contained on the Platform and/or the Site or reliance on them.

17.3. Unauthorized Uses

The Platform may not be used:

• For illegal, unlawful, or fraudulent purposes;
• To convey inaccurate, illegal content, and in particular content that invades privacy, is offensive, indecent, threatening, incites hatred or violence, or for which the intellectual property rights have not been obtained from the owners and for which the owners of the rights have not given authorization;
• To use, monitor, extract, or copy the structure, content, or data of the Platform or the actions of any User on the Platform using robots, spiders, scrapers, spyware, keystroke recorders, or other automatic programs or devices or manual processes for any purpose;
• To circumvent measures to prevent or limit access to the Platform;
• To undertake any action that imposes or may impose an excessive or unreasonable burden on the infrastructure of the Platform;
• To establish an invisible link to the Platform for any reason;
• To attempt to modify, translate, adapt, revise, decompile, dismantle, or reverse engineer any software used by Unexpected.

18. Final Provisions

18.1. In the event that a provision of these T&C is declared null and/or illegal, unenforceable, or inapplicable, the validity, legality, enforceability, or applicability of other provisions of these T&C shall not be affected or compromised, and the other provisions shall remain in force maintaining their full validity.

18.2. Unexpected may proceed to draw up a new clause with the effect of restoring the common will of the parties as expressed in the initial clause, in accordance with the applicable law.

18.3. Except as otherwise provided in these T&C, the failure to exercise or the delayed exercise by Unexpected of one of its rights or protections shall not constitute a waiver of the right or protection or a bar to subsequent exercise of the right or protection.