The Operating Agreement in English is the definitive legal version for all EU locales.
This Associates Programme Operating Agreement ("Operating Agreement") contains the terms and conditions that govern your participation in the Terravision Associates Programme (the “Programme”). “We”, “us”, “our” or “Terravision” means Terravision. “You” or “your” means the applicant. A “site” means a website. The "Terravision Site"means the website www.terravision.eu. “Your site” means any site(s) and any software application(s) that you link to the Terravision Site.
By checking the box indicating that you agree to the terms and conditions of this operating agreement, you (a) agree to be bound by this operating agreement and the operational documentation; (b) acknowledge and agree that you have independently evaluated the desirability of participating in the programme and are not relying on any representation, guarantee, or statement other than as expressly set forth in this operating agreement; and (c) hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor or otherwise legally prevented from contracting)
In addition, if this operating agreement is being agreed to by a company or other legal entity, then the person agreeing to this operating agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this operating agreement.
1. Description of the Programme
The purpose of the Programme is to permit our Agents to purchase tickets with a discount percentage (5%). This discount is applied at the time of payment - credit card will be charged for the amount of the net of commissions.
To begin the enrolment process, you must submit a complete and accurate Programme application. We will evaluate your application and notify you within seven working days of its acceptance or rejection. We may reject your application if we determine that your site is unsuitable, in which case you will be informed by email.
If we reject your application, you are welcome to reapply at any time. If we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement and you may not reapply until you have first modified your site so that it is no longer unsuitable.
You will ensure that the information in your Programme application and otherwise associated with your account, including your email address and other contact information, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Programme and this Operating Agreement to the email address then-currently associated with your Programme account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
3. Programme Requirements
By participating in the Programme, you agree that you will comply with the policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, “Operational Documentation”).
You will provide us with any information that we request to verify your compliance with this Operating Agreement or any Operational Documentation. If we determine that you have not complied with any requirement or restriction described on the Associates Programme Participation Requirements page or any Operational Documentation or that you have otherwise violated this Operating Agreement, we may (in addition to any other rights or remedies available to us) withhold any commissions payable to you under this Operating Agreement, terminate this Operating Agreement, or both.
In addition, you hereby consent to us sending you emails relating to the Programme from time to time.
4. Policies and Pricing
Customers who buy services through this Programme are our customers with respect to all activities they undertake in connection with the Terravision Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and service sales set forth on the Terravision Site will apply to those customers and we may change them at any time.
5. Identifying Yourself as an Associate
You will not issue any press release or make any other public communication with respect to this Operating Agreement, your use of the Content, or your participation in the Programme. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement.
6. Limited Licence
Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Services on, and directing end users to, the Terravision Site in connection with the Programme, we hereby grant you a limited, revocable, non-transferable, non-sub licensable, non-exclusive, royalty-free licence to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, “Terravision Marks”).
The licence set forth in this Section 6 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the licence set forth in this Section 6 in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content with respect to which the licence set forth in this Section 6 is terminated or as we may otherwise request from time to time.
7. Compliance with Laws
In connection with your participation in the Programme you will comply with all applicable laws, ordinances, rules, regulations, orders, licences, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws that govern electronic marketing (e.g., laws and regulations made to comply with Directive 2002/58/EC (Privacy and Electronic Communications Directive) and Data Protection and privacy laws and regulation together with applicable advertising and promotion regulations.
8. Term and Termination
The term of this Operating Agreement will begin upon our acceptance of your Programme application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party at least 7 days’ written notice of termination.
In addition, we may terminate this Operating Agreement immediately at any time upon written notice to you for Cause. “Cause” means any of the following: (a) you are in material breach of this Operating Agreement or you are in minor breach of this Operating Agreement but you do not remedy it within 7 days; (b) we believe that we may face potential claims or liability in connection with your participation in the Programme; (c) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Programme; (d) we believe that we are or may become subject to tax collection requirements in connection with this Operating Agreement or the activities performed by either party under this Operating Agreement; or (e) we have terminated the Programme as we generally make it available to participants. For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section, 5, 6 or 7 will be deemed a material breach of this Operating Agreement.
Upon any termination of this Operating Agreement, any and all licences you have the benefit of with respect to Content will automatically terminate and you will immediately stop using the Content and Terravision Marks and promptly remove from your site and delete or otherwise destroy all links to the Terravision Site, all Terravision Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Programme. We may withhold accrued unpaid commissions for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancellations or returns). Upon any termination of this Operating Agreement, all licences, rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 4, 5, 6, 7, 8, 10, 11, 12, 13 and 14, together with any accrued but unpaid payment obligations of us under this Operating Agreement, will survive the termination of this Operating Agreement. Termination of this Operating Agreement will not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
We may modify any of the terms and conditions contained in this Operating Agreement at any time and from time to time in our sole discretion by, at least 7 days prior to the effective date of the modification, posting a change notice or revised agreement on the Terravision Site and, in the case of changes to the contractual terms of the Operating Agreement, by sending a notification to the email address then-currently associated with your Programme account. Modifications may include, for example, changes to the Associates Programme Commissions Schedule, payment procedures, and Programme requirements. You may during that 7-day period, as your sole recourse, notify us in writing of your objections to the modifications and, if you do so, your account will automatically terminate on the effective date of the modification to which you objected.
If any modification is unacceptable to you, your only recourse is to terminate this operating agreement in writing. Your continued participation in the programme following the effective date of the modification will constitute your binding acceptance of the modification.
10. Relationship of Parties
You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.
11. Limitation of Liability
We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with this operating agreement, the programme, operational documentation, the Terravision site, or the service offerings (defined below), even if we have been advised of the possibility of those damages. Further, our aggregate liability arising in connection with this operating agreement, the programme, the Terravision site, and the service offerings will not exceed the total commissions paid or payable to you under this operating agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
Nothing in this operating agreement (including the previous paragraph) will operate to exclude: (i) liability for death or personal injury arising as a result of the negligence of either party, its employees, agents or authorised representatives, (ii) either party’s contractual liability for gross negligence or wilful misconduct, or (iii) any liability which may not be excluded or limited under the applicable law.
The programme, the Terravision site, any products and services offered on the Terravision site, any special links, link formats, operational documentation, content, Terravision domain names, our and our affiliates’ trademarks, domain names and logos (including the Terravision marks), and all technology, software, functions, materials, data, images, text, and other information and content provided or used by or on behalf of us or our affiliates or licensors in connection with the programme (collectively the "service offerings") are provided "as is."
Neither we nor any of our affiliates or licensors make any representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the service offerings.
Except to the extent prohibited by applicable law, we and our affiliates and licensors disclaim all warranties with respect to the service offerings, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage.
We may discontinue any service offering, or may change the nature, features, functions, scope, or operation of any service offering, at any time and from time to time. Neither we nor any of our affiliates or licensors warrant that the service offerings will continue to be provided, will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error free, or free of harmful components.
Neither we nor any of our affiliates or licensors will be responsible for (a) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (b) any unauthorized access to or alteration of, or deletion, destruction, damage, or loss of, your site or any data, images, text, or other information or content.
No advice or information obtained by you from us or from any other person or entity or through the programme, content, operational documentation, the Terravision site, or the affiliate-programme pages of the Terravision site will create any warranty not expressly stated in this operating agreement.
Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with (x) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (y) any investments, expenditures, or commitments by you in connection with this operating agreement or your participation in the programme, or (z) any termination of this operating agreement or your participation in the programme.
The laws of England, without regard to principles of conflicts of laws, will govern this Operating Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably submit to the non-exclusive jurisdiction of any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. We may assign it to any of our affiliates or another party who undertakes to abide by our covenants and obligations given here. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
You acknowledge that you have read and that you agree to the terms of our Privacy Notice, which can be foundhere (link to Privacy Notice n.d.r.) Unless you have otherwise notified us in accordance with the procedures described in our Privacy Notice, you hereby authorise us to process any personal data we obtain in connection with this Operating Agreement and the Programme in compliance with applicable law on data protection and in accordance with our Privacy Notice. The information provided in connection with the Programme is used solely by us and our affiliates. However, it may be passed on to our or our affiliates’ suppliers and service providers for the direct and associated requirements of the performance of this Operating Agreement.
Our failure to enforce your strict performance of any provision of this Operating Agreement or the Operational Documentation will not constitute a waiver of our right to subsequently enforce this provision or any other provision of this Operating Agreement. Whenever used in this Operating Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion.
This Operating Agreement is drafted in the English language. Any translations of this Operating Agreement are provided for convenience only and the English.
- - Terravision will use the data present on your credit card (such as cardholder name, card number and expiry date) in order to process orders you make on our website. We may use other information about you for the following reasons: to offer you products and services you have asked for; to provide you with confirmation of your journey and any relevant changes; to manage your account, including invoicing and journey notifications; to communicate with you in general, to respond to your questions and comments, to allow us, when necessary, to put you in touch with customer services; to assess your interest in our products, services and our website in order to improve them; to reward you if you have participated in a programme which offers prizes or some form of recognition; to resolve controversies, to collect payments, to resolve technical problems; to foresee potentially prohibited or illegal activities; to assure that our Conditions of Use for Terravision.eu are being respected. Furthermore, subject to your specific consent, we may use your information to send you emails or post detailing our special offers and travel products and services that may be of interest to you; to personalise your experience with Terravision.eu; and to request information from you, also through surveys.
- Inoltre, previo tuo specifico consenso, noi possiamo usare le tue informazioni per inviarti via email o via posta le nostre offerte speciali e relativi viaggi prodotti e servizi che ti possono interessare; per personalizzare la tua esperienza con Terravision.eu; e per chiederti informazioni, anche attraverso sondaggi. In most cases Data will be handled electronically using statistic analysis methods. Data will be handled exclusively by Terravision by those members of staff responsible for services connected to the above, who will undergo security procedures.
- 3. Provision of data is obligatory and refusal to provide said data could lead to the loss of or partial execution of the contract.
- 4. Third party operators: who supply services or carry out activities on our behalf, including the procedures for the use of credit cards, commercial analysis, customer service, marketing activities, the distribution of surveys, the planning of competitions and the prevention of fraud. We may also authorise these third party operators to collect information on your behalf including, where necessary, the management of special services on our website or sending online publicity that may be of interest to you. These third party operators have access to and may collect information only when if it is necessary in order to complete their work, and they are not permitted to share or use this information for any other reason. - Commercial Partners: who we offer products or services with - Connected websites - Companies in our group We may also share your data: - wherever such disclosure is necessary in order to respect the applicable laws or legal procedures when imposed by an application acting in good faith of the law. - Whenever we feel it appropriate to investigate, foresee or act against illegal activities or activities suspected of being so; to protect and defend the rights, ownership or security of Terravision.eu, the website or its users in accordance with the Conditions of Use and other agreements. - With reference to a corporate operation, which could be the sale of or severance of a subsidiary, a, fusion, including in corporation, asset stripping, or in the unlikely event of bankruptcy.
- 5. The data processor is: Terravision London Finance Ltd. 123 Buckingham Palace Road London SW1W9SH
- 6. The responsible person for the data processor is Enzo Magliocchetti. 7. Il rappresentante del titolare nel territorio dello Stato è Enzo Magliocchetti.
- 8. The representative for the data processor within the National Territory is Enzo Magliocchetti. You may exercise your rights towards the data processor at any time under clause 7. of law 196/2003, which is detailed here below for your convenience: Legislative Decree n.196/2003, Clause. 7 - Right to access personal data and other rights 1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form. 2. A data subject shall have the right to be informed a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2); e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing. 3. A data subject shall have the right to obtain a) updating, rectification or, where interested therein, integration of the data; b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. 4. A data subject shall have the right to object, in whole or in part, a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.