Terms of service

valid from 01 June 2022

of Moveen GmbH, with registered office at A.-Kuperion-Straße No. 30, 39012 Merano (BZ), VAT No. IT03092370216, registered in the Companies Register of the Bolzano Chamber of Commerce under registration No. BZ – 231442,
email address: booking@moveen.shop, PEC moveen@pecimprese.it, (hereinafter the “Seller”);

I. General provisions

The Seller operates the sales platforms offers.moveen.shop and holidays.moveen.shop (hereinafter also the “Platforms”). These platforms enable buyers (both consumers and businesses) to purchase the services offered. The sales platforms also enable other participating companies (third parties) to sell, broker or distribute tourism services in any legally permissible form (such as vouchers, booking entitlement certificates, discount coupons, specific travel packages and similar products).

The term “General Terms and Conditions” means the purchase contract for services on the platform concluded between Moveen GmbH and the buyer within the distribution system organised by the Seller for distance selling (platform). In the case of a B2B sale, the buyer expressly declares that the purchase is made for purposes attributable to their commercial, business, craft or professional activity; in a distance sale between the Seller and an end consumer, the latter declares that the services are not purchased for commercial purposes.

II. Provider

Use of the platforms as a provider is possible only after an individual agreement has been concluded. In this sense, the sales platforms are open exclusively to commercial or business providers.

Each offer addressed to the buyer specifically states which company is responsible for the content. Since the sales platforms are also open to intermediary companies, the provider does not necessarily have to be the party with whom the contract for the provision of a tourism service is concluded.

III. Subject matter of the contract

These terms and conditions, which are made available to the buyer pursuant to Art. 12 of Legislative Decree No. 70 of 9 April 2003 for reproduction and retention, concern the distance purchase, by means of distance communication, of services offered through the platform. Under this contract, the Seller sells and the buyer purchases at a distance the services listed on the Seller’s website and offered for sale.

The essential characteristics are described on the platform; details can be obtained from the website of the respective service provider. The buyer is aware that the service and/or hotels or similar may differ slightly from the characteristics stated or the images shown on the website.

The Seller undertakes to make the selected voucher available - where available - against payment of the relevant amount. The buyer may then claim or redeem the purchased service from the provider.

IV. Acceptance of the terms and conditions 

All orders are submitted by the buyer to the Seller or third-party provider by completing the specified order process.

These terms and conditions and the privacy information must be reviewed “online” by the buyer before completing the order process. To accept the terms and conditions, all sections of the online form must be completed fully and accurately by following the on-screen instructions and finally selecting the ACCEPTANCE OF THE TERMS AND CONDITIONS checkbox, thereby accepting them. The buyer is also presented with the PRIVACY INFORMATION, in relation to which consent to the processing of personal data is granted or refused where necessary. Submission of the order by the buyer therefore presupposes full knowledge of these terms and their complete acceptance.

The buyer undertakes to accept these business and payment terms without restriction and to comply with them; the buyer declares that they have reviewed and accepted all information provided by the Seller within the meaning of the above provisions and further acknowledges that the Seller is not bound by any terms to the contrary.

V. Prices and further conditions

Acceptance of an offer published on the sales platforms is possible subject to the conditions of the party responsible for the offer. In the contractual relationship between the provider and the buyer (redemption of the voucher or similar), the conditions stated in the offer by the party responsible for the offer therefore apply and cannot be influenced by the Seller. Likewise, the conditions of the third-party provider must be reviewed if the buyer makes the purchase through that provider’s platform under the “Special Deals” selection. Moveen has no influence over the conditions mentioned. Any liability on the part of Moveen is excluded in any event.

The prices applicable are in all cases those at the time of ordering and include statutory VAT. Prices are always indicative and must be expressly confirmed by the Seller by email, thereby accepting the order. They are visible in the shopping cart before the contract is concluded and subsequently in the order confirmation sent to the buyer. Any taxes or fees that may arise are payable by the buyer, except in cases of exceptions and deviations that are duly announced on the website and/or communicated by email. In any case, the costs are communicated to the buyer before the order is confirmed. Billing is carried out in euros.

The Seller reserves the right to change prices on the website. Errors and changes to services are also reserved.

VI. Ordering process 

Once the buyer has selected the chosen service, it can be placed in the shopping cart without obligation by clicking the “Add to cart” button. The buyer can view the contents of the shopping cart at any time by clicking the “Cart” button in the header area. Services can be removed from the shopping cart at any time by clicking the “Remove” button. If the buyer wishes to purchase the services in the shopping cart, this is done by clicking the “Checkout” button, thereby giving online consent to the purchase. The buyer is then asked to enter their data. For a first order, registration as a “New user” is required. For further orders, it is sufficient to enter the login and password chosen by the user at the time of initial registration. The data is transmitted in encrypted form. After entering the data and selecting the payment and delivery method, the buyer reaches the order page via the “Order overview” button, where the entries can be checked again. By clicking the “Order with obligation to pay” button, the buyer completes the order process. The entries can be corrected by using the browser’s “back arrow”. The order process can be cancelled at any time by closing the browser.

The buyer expressly grants the Seller the right to accept the order only in part (for example, if not all ordered services are available). In this case, the contract is deemed concluded for the services actually sold.

Moveen GmbH enters into contractual relationships exclusively with persons of legal age.

VII. Conclusion of the contract

The contract for purchasers (buyers) is concluded with Moveen - except for an order via a third-party platform (purchased under “Special Deals”) - while redemption takes place with the provider subject to that provider’s conditions. The contract is deemed concluded at the place where Moveen GmbH has its registered office (except for offers available under “Special Deals”) if it is a B2B business transaction. If the buyer is a consumer, the contract is deemed concluded at the buyer’s place of residence.

The online order of a voucher via the internet constitutes a binding purchase offer by the buyer, which is then confirmed by Moveen by means of an order confirmation via email, thereby concluding the purchase contract. After receipt of payment of the amount due under the concluded purchase contract, the purchased vouchers are sent by Moveen to the buyer. If the online-ordered voucher has already been sent to the customer (buyer) before the amount payable for it has been received or credited to Moveen, the voucher does not become valid until full payment has been made, and Moveen is therefore entitled to withhold the services represented by the voucher until the amount owed has been paid in full.

Vouchers may be redeemed subject to prior request and availability with the provider and are valid for three years from the issue date stated on the voucher. Each voucher may be redeemed only once, which is ensured by a voucher number associated with the voucher.

Since a voucher may be transferred or given as a gift, Moveen has neither an obligation nor the possibility to verify the ownership rights of the person redeeming it. At redemption, the only checks made are whether the corresponding voucher number still appears as available in the system and whether the relevant voucher has been paid for. Lost vouchers will not be replaced. Vouchers also cannot be returned for cash value. For operational reasons, the services listed in the voucher can only be provided or guaranteed by the provider if an appropriate and timely reservation has been made. The service described in the voucher may vary depending on the circumstances, provided the deviation is not significant.

VIII. Payment

Moveen GmbH is authorised to accept payments for the concluded contract.

Moveen GmbH accepts the following payment methods:

• Bank transfer: when paying by bank transfer, the buyer must make payment within one week of receiving the order confirmation.

• PayPal: when paying by PayPal, money is transferred from the virtual PayPal account. The buyer’s bank details or credit card number are stored in the PayPal account and are therefore not transmitted during payment.

• Credit card: the respective terms and conditions of the credit card institution apply to credit card payments.

Vouchers are sent only after payment has been received.

IX. Warranty and customer service

The warranty obligations of the respective provider are governed by that provider’s contractual terms. The same applies to offers available under “Special Deals”.

For questions, complaints or suggestions concerning the Moveen platform, the buyer may contact the following email address: booking@moveen.shop. To ensure prompt handling, the buyer should describe the problem in writing as precisely as possible and, where applicable, send copies of order documents or provide the customer number. Customer enquiries and complaints are answered within a maximum of two working days, with Saturday not considered a working day.

X. Limitation of liability 

As the owner of the sales platform, the Seller accepts no liability for services to be provided by the party responsible for the offer (provider) or by the respective contractual partner. Moveen also cannot be held liable if the voucher cannot be redeemed on the desired date because it is available only at a different time.

The Seller also accepts no liability if the voucher is sent late or not at all where this is due to force majeure.

The buyer cannot hold the Seller liable for operational faults or interruptions beyond the Seller’s control in connection with the use of the internet and/or the platform, except in cases of wilful misconduct or gross negligence on the part of the Seller.

The Seller is not liable to contracting parties or third parties for damage, loss or costs resulting from non-performance of the contract for the reasons stated above.

The Seller is not liable for any fraudulent and unlawful use by third parties of credit cards, cheques and other payment methods in payment for ordered services if it can demonstrate that, according to the current state of knowledge and experience and with the necessary care, it took all possible precautionary measures.

XI. Right of withdrawal pursuant to Legislative Decree No. 206/2005 (applicable to B2C contractual relationships)

The possibility of withdrawing from or cancelling a contract is governed by the applicable statutory provisions and applies exclusively to the products or services referred to in Legislative Decree No. 206 of 6 September 2005. This excludes, for example, services whose performance has already begun (the voucher has already been redeemed).

The information on the right of withdrawal is intended exclusively for consumers in the EU. Both vouchers supplied in physical form and digital vouchers are goods within the meaning of the Consumer Rights Directive and are therefore subject, in distance selling, to the rules governing the right of withdrawal. For both forms of voucher, the consumer has the right to withdraw from the concluded contract without penalty and without giving any reason within 14 (fourteen) calendar days of receiving the order. Any withdrawal must be addressed to Moveen GmbH, A.-Kuperion-Straße No. 30, 39012 Merano (BZ), email: booking@moveen.shop, PEC moveen@pecimprese.it, tel. +39 0473 861886. If the contract was concluded via a third-party platform, any withdrawal must instead be sent to that third party’s contact details.

If the buyer wishes to exercise the right of withdrawal, they must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, by email or by telephone). The buyer may also use the  model withdrawal form , although use of this form is not mandatory.

To meet the withdrawal deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires. The burden of proof regarding the proper exercise of the right of withdrawal rests with the buyer.

The buyer who properly exercises the right of withdrawal will be reimbursed all amounts paid. The refund will be made without delay and in any event within 14 (fourteen) days from the time the Seller was informed of the buyer’s decision, using the same means of payment used by the buyer for the original transaction, unless expressly agreed otherwise with the buyer. Moveen accepts no liability for any refund made by a third party.

Upon receipt of the communication by which the buyer informs the Seller of the exercise of the right of withdrawal, the contracting parties are released from their respective obligations.

XII. Obligations of the buyer

The buyer undertakes to pay the purchase price within the period and in the form specified in the contract.

The buyer is strictly prohibited from entering false and/or invented and/or fictitious data when registering via the relevant online form. Only the buyer’s own genuine personal details and email address may be provided, not those of third parties or invented persons. The buyer therefore assumes full liability for the accuracy and truthfulness of the information provided to complete the order process.

The buyer shall indemnify the Seller against any liability for the issue of incorrect tax documents as a result of false information provided by the buyer, who alone is responsible for entering the data correctly.

XIII: Express termination clause (in the case of B2B business relationships)

The obligations provided for the buyer in Art. XII are essential to this contract. It is therefore expressly agreed that - in the case of a contractual relationship between the Seller and a company - failure to fulfil even one of these obligations, without prejudice to the Seller’s right to damages and insofar as this is not due to accident or force majeure, will result in termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for a court judgment. Any tolerance by the Seller of non-compliance with these obligations does not constitute a waiver of the Seller’s right to terminate the contract ipso iure.

XIV: Processing of personal data (privacy)

Protecting your privacy is very important to us. Pursuant to EU Regulation No. 679/2016 (GDPR), we inform you that the data controller is Moveen GmbH.

The detailed privacy information concerning the processing of personal data and how your data is handled is available on the website at the link https://holidays.moveen.shop/Footer/Informationen/Datenschutzerklaerung/ .

XV. Applicable law and statutory reference

The contracting parties agree that Italian law applies. This does not in any way exclude - in the case of a purchase contract between a consumer from another EU Member State and the Seller - application of the law of the EU Member State in which the consumer resides, if that law offers the consumer more extensive protection.

Unless expressly provided otherwise herein, the statutory provisions applicable to the business relationships covered by this contract apply and, in all cases, the provisions of the Italian Civil Code. In addition, in the case of a purchase contract with an end consumer, Legislative Decree No. 206 of 6 September 2005 (Consumer Code) applies.

XVI. Dispute resolution and jurisdiction

In the event of disputes arising from or in connection with this contract, the contracting parties will jointly endeavour to reach a fair and amicable solution.

In the case of a purchase contract with an end consumer (B2C), pursuant to EU Regulation No. 524/2013, the Seller informs the buyer that in the event of a dispute the buyer may submit a complaint via the European Union’s online dispute resolution platform (ODR platform), accessible at the following link: http://ec.europa.eu/consumers/odr/ The ODR platform is a point of contact for consumers wishing to resolve out of court disputes falling within the scope of online sales contracts or online service contracts. For this purpose, Moveen GmbH’s email address is: booking@moveen.shop. In the event of disputes with a third-party provider, the buyer must contact that provider at its address.

If a dispute cannot be settled amicably, pursuant to Art. 66-bis of Legislative Decree No. 206/05 it will be submitted to the court in whose district the consumer resides, provided that residence is within Italian territory; if the consumer resides in another EU Member State, the dispute will be brought before a court of that Member State in whose territory that contracting party resides or before the court of the place where the consumer resides.

If a dispute concerning the interpretation, application, validity, effectiveness and/or performance based on a purchase contract between two companies (B2B) cannot be settled amicably, the exclusive jurisdiction of the Italian courts is agreed. For contracts with companies, the registered office of Moveen is agreed as the place of jurisdiction. All legal disputes relating to this contract will therefore be handled by the judicial authority at the place where the Seller has its registered office (A.-Kuperion-Straße 30, 39012 Merano). Consequently, the exclusive jurisdiction of the Court of Bolzano is agreed, including in derogation from the provisions on territorial jurisdiction.

XVII. Storage of the contract

Pursuant to Art. 12 of Legislative Decree 70/2003, the Seller informs the buyer that every incoming order (including the content of the offer) is stored or retained digitally on the server/in paper form at the Seller’s registered office in accordance with confidentiality and data-security criteria and may be requested after completion of the order process. However, the Seller cannot accept liability for the contract data remaining available several weeks after conclusion of the contract.

XVIII. Final provisions

This contract cancels and replaces all previous written and oral agreements, arrangements and negotiations between the contracting parties concerning the same subject matter as this contract.

The possible invalidity of individual provisions does not affect the validity of the contract as a whole.

The content of the contract, all other information, customer service, data information and complaint handling are offered in German and Italian. The contracting parties agree that, in the event of difficulties of interpretation, the German-language text shall be regarded as authentic and effective.