Terms and Conditions of Use for the Roadbooking Platform

These Terms govern access to and use of the Roadbooking Platform by Participants, Organisers and other Users. Before using the Platform or purchasing a Tour, please read this text and the documents referred to herein carefully.

SECTION I – GENERAL PROVISIONS

Art. 1 – Platform Operator

1.1 The Platform is operated by ROADBOOKING S.R.L., with its registered office at Via Pianette 61, 25064 Gussago (BS), Tax Code/VAT number and Brescia Companies Register number 04809720982, REA BS-643305, with a share capital of €10,000.00, fully paid up.

1.2 Contact details: Certified email (PEC) roadbooking@pec.it; support supporto@roadbooking.com; single point of contact pursuant to Articles 11 and 12 of Regulation (EU) 2022/2065 (DSA) legal@roadbooking.com.

1.3 Information on the operator is also published on the Platform’s pages, in accordance with Article 7 of Legislative Decree 70/2003 and the information requirements applicable to consumer contracts, including those set out in Article 49 of Legislative Decree 206/2005 (Consumer Code).

Article 2 – Definitions

2.1 For the purposes of these Terms, capitalised terms shall have the following meanings:

a) “Platform”: the software for the online management and sale of Events, the marketplace and the public pages managed by Roadbooking.

b) “Event”: the experience, trip or motorbike activity devised, sold and carried out by the Organiser and published on the Platform.

c) “Tour”: the purchasable version of an Event, with its own dates, places, price and requirements.

d) “Add-on”: an additional service or product that can be purchased alongside or after a Tour, if offered by the Organiser.

e) “Participant”: the person who purchases or takes part in a Tour, even if the Order is placed by another person.

f) “Organiser”: the professional entity that publishes and sells its own Events via the Platform and is responsible for their conception, organisation and delivery.

g) “User”: anyone who accesses the Platform, with or without an account, including Participants and Organisers.

h) “Order”: the purchase of a Tour completed via the Platform, identified by a code in the format RB-AAAA-NNNNNN.

i) “Net Proceeds”: the amounts successfully collected, net of refunds, cancellations and chargebacks.

j) “Required Documents”: the documents or information that the Organiser specifies as necessary to take part in a specific Event.

k) “Garage”: the private area of the Platform where the User can view their account, Orders, Required Documents and other information available to them based on their role.

l) “User Content”: text, images, videos, reviews, ratings, files, GPX tracks and other materials uploaded or published by the User.

m) “Price List”: the current terms and conditions published on the Platform for Roadbooking’s services.

n) “Organiser’s Contract”: the service agreement entered into by the Organiser with Roadbooking, including the relevant Annexes.

Art. 3 – Subject matter and applicable documents

3.1 These Terms govern the use of the Platform, the creation and management of accounts, the publication of Events and the conclusion of Orders. The specific terms and conditions of a Tour are those shown on the Event page, in the Event/Tour rules and in the Order summary prior to payment. Each Organiser operates independently in the preparation and management of the content and conditions of their own offer, in compliance with the law and these Terms.

3.2 The following form part of the contractual framework, where applicable: the Privacy Policy, the Cookie Policy, the Content Policy, the Price List, the terms and conditions of the individual Event, the Event/Tour rules drawn up by the Organiser and, in relation to the relationship with the Organiser, the Organiser Agreement. The Event/Tour rules and the Organiser’s specific terms and conditions must be made available prior to the Order in a form that can be viewed and downloaded or otherwise saved on a durable medium. The previous Annexes A–E are not attached to these Terms: the updated documents are published on the Platform.

3.3 In the event of any conflict, the following shall prevail: (a) mandatory provisions; (b) the Organiser’s Contract in relations between Roadbooking and the Organiser; (c) the Event/Tour regulations and the Organiser’s specific terms and conditions in relations between the Organiser and the Participant, to the extent permitted by law; (d) these Terms for matters of common application and for the operation of the Platform; (e) other policies, in their respective areas.

3.4 Participation requirements, required documents, the Event/Tour rules, included and excluded services, availability, prices, cancellation conditions, pre-contractual information and contact details are entered, published, amended, updated and managed independently by the Organiser on the Event page prior to purchase. Roadbooking provides the technical tools for publication and consultation and may request that the information be updated, without drafting it or determining its content. The Organiser must ensure that the information remains complete, accurate, up to date and consistent with the Event on offer.

Art. 4 – Role of Roadbooking

4.1 Roadbooking provides a SaaS service and a digital marketplace. It makes technical tools available to the Organiser to independently create, enter, publish, update and manage Event and Tour pages, the related offers, the checkout process and the management of Orders; however, it does not draft or determine the Organiser’s content and is not the organiser of the Event, nor the seller of the Tour, travel agency, tour operator, carrier or provider of the services included in the Event, without prejudice to the mandatory obligations and duties of care incumbent upon the Platform operator.

4.2 The contract relating to the Event is concluded exclusively between the Participant and the Organiser. The Organiser, acting entirely independently, creates, uploads, publishes, amends, updates and manages its own Event/Tour pages, the relevant offers, the Event/Tour terms and conditions, the requirements, the Required Documents, availability, prices, cancellation terms, pre-contractual information and any other information intended for Participants. The Organiser is responsible for such content, as well as for the content, authorisations, logistics, safety, staff, vehicles, any accommodation or transport, insurance, execution, modification, cancellation and refunds relating to the Event, within the limits provided for by law. Roadbooking does not, by virtue of this, assume the role of organiser or seller and does not provide an absolute guarantee regarding the Organiser’s conduct.

4.3 The Event pages, checkout, confirmations and vouchers provide details of the Organiser’s name, contact details and status; the Organiser declares that they operate professionally and their status has been verified by Roadbooking within the applicable limits. The Participant must read the Event/Tour rules and the Organiser’s specific terms and conditions before placing an Order and must contact the Organiser regarding matters relating to the running of the Event, without prejudice to the rights and remedies provided for by law against Roadbooking.

4.4 Roadbooking may collect the payment on behalf of the Organiser, via Stripe or another authorised provider, in accordance with Article 2(2)(b) of Legislative Decree 11/2010. Payment made on the Platform discharges the Participant from liability for the amount paid, subject to any disputes or mandatory legal obligations.

4.5 Roadbooking designs the interface to enable Organisers to enter the information required by applicable legislation and may block or suspend the publication of an Event or a Tour where mandatory fields are incomplete, the information is manifestly inconsistent, or where there are proportionate grounds provided for by law or these Terms. Any formal checking, standardisation, verification or moderation of content does not confer upon Roadbooking the status of organiser, seller or owner of the information, nor does it exclude the Platform’s mandatory or specific obligations and liabilities.

Art. 5 – Accounts and access

5.1 Access to the Platform is free of charge. Purchases may be made via an account or as a guest, where this option is available. To access the Roadbooking Garage, you may use a one-off code sent to the email address provided by the User.

5.2 Only persons of legal age and with full legal capacity may make purchases or create an account. Anyone acting on behalf of a body or organisation declares that they have the necessary powers to represent it.

5.3 The User shall provide accurate, up-to-date and complete information, shall safeguard their login details and shall promptly notify Roadbooking of any unauthorised use. Any transactions carried out via the account shall be presumed to have been carried out by the account holder, unless proven otherwise.

Art. 6 – Prohibited Uses

6.1 It is prohibited to: (a) use the Platform for unlawful or unauthorised purposes; (b) provide false information or altered documents; (c) circumvent security measures, access restrictions or payment systems; (d) to carry out scraping, reverse engineering or unauthorised automated access; (e) to publish content that is unlawful, offensive, discriminatory, misleading or infringes the rights of others; (f) to sell or promote an Event outside the Platform by exploiting contacts or enquiries generated by the Platform, where the non-circumvention obligation applies to the Organiser.

Art. 7 – User Content and Licence

7.1 The User retains ownership of their User Content and warrants that they hold the necessary rights, consents and authorisations to upload and make it available.

7.2 By uploading the content, the User grants Roadbooking, free of charge and on a non-exclusive basis, for the duration of the relationship and to the extent necessary, a licence to host, reproduce, technically adapt, publish and promote the User Content in relation to the Events and the Platform. The licence terminates when the content is removed, unless it is necessary to retain it for legal, security or dispute resolution purposes.

7.3 GPX tracks remain the property of the Organiser and are not transferred to third parties. Roadbooking may process aggregated and anonymous data, which cannot be traced back to individuals, for statistical purposes, security and service improvement.

Art. 8 – Roadbooking’s Intellectual Property

8.1 Software, interfaces, databases, trade marks, logos, text, graphics, structure and functionality of the Platform belong to Roadbooking or its licensors and are protected by law. Access does not confer on the User any ownership rights or licence beyond that necessary for permitted use.

8.2 It is prohibited to copy, distribute, modify, sell or commercially exploit elements of the Platform without written authorisation, except where permitted by mandatory legislation.

Art. 9 – Reports and moderation

9.1 Anyone who believes that content or an Event breaches the law or these Terms may report it via the channels indicated on the Platform. The report must specify, with sufficient precision, the content or Event in question, the reasons for the alleged illegality or breach, and contact details for communicating with the reporter, as well as any information reasonably necessary to enable verification.

9.2 Where possible, Roadbooking will acknowledge receipt of the report, examine it promptly and may take proportionate measures, including obscuring, removing, restricting visibility, suspending or closing the account, in accordance with Articles 16, 17 and 20 of the DSA. Roadbooking shall notify the reporter or the User concerned of its decision where required by law, stating the reasons therefor, subject to any restrictions necessary for security, fraud prevention, the protection of investigations or legal obligations.

9.3 The User concerned may lodge an internal complaint in accordance with the procedure made available on the Platform, in the manner and within the time limits specified therein. This is without prejudice to the right to refer the matter to the competent authorities, to the dispute resolution bodies provided for by law and to other available remedies.

Art. 10 – Marketplace sorting

10.1 Unless otherwise stated, Events are sorted primarily by the Tour’s start date. Sold-out Events are placed at the end of the list. Filters and preferences set by the User may alter the results displayed. The main sorting parameters and criteria are described in plain language in the ‘Ranking’ section of the Platform, which is easily accessible from the results page.

10.2 Any sponsored content or results favoured, in whole or in part, by payment or commercial agreements are indicated as such. The ‘Ranking’ section also describes the relevance of any payments, sponsorships, availability, start dates, filters and the User’s preferences, in accordance with Article 5 of Regulation (EU) 2019/1150 and Article 27 of the DSA.

SECTION II – PARTICIPANTS

Article 11 – Information on the Event

11.1 Information on the itinerary, dates, duration, difficulty, requirements, services included and excluded, places, price, cancellation, Event/Tour rules and contact details is entered and managed independently by the Organiser, who is responsible for it. Roadbooking provides the technical tools to publish this information and may standardise its presentation without altering its meaning, but does not draft or determine such information. The Participant must refer to the Event/Tour rules and the Organiser’s terms and conditions regarding the relationship pertaining to the Event, without prejudice to Roadbooking’s liability for the Platform’s obligations as provided for by law.

11.2 The standard difficulty scale, where used, is for information purposes only and does not replace a personal assessment of one’s abilities, experience, physical fitness, equipment and actual conditions. Participants must also read the Organiser’s warnings.

11.3 Machine translations may be subject to human review but may contain errors. In the event of any discrepancy, the original text provided by the Organiser shall prevail.

Art. 12 – Prices

12.1 Prices are quoted in euros and, unless otherwise specified as permitted by law, include VAT and other mandatory charges. They are set by the Organiser. Roadbooking charges the Participant only for any service fees displayed prior to confirmation of the Order.

12.2 An early bird price is a discounted price valid until the deadline or until the specified places are sold out. The price applied is the one displayed when the Order is created and remains fixed for that Order.

12.3 Before payment, the summary shows the Tour, Participants, Add-ons, price, costs, taxes (if applicable), payment method and cancellation terms. The User checks the details and corrects any errors before confirming.

Art. 13 – Conclusion of the contract

13.1 The process comprises, in summary: (a) selection of the Event and Tour; (b) entry of details; (c) selection of add-ons and payment method; (d) viewing the Event/Tour terms and conditions, the Organiser’s specific terms and conditions, and the Order summary; (e) separate and active confirmation by the Participant that they have read and accept the Organiser’s terms and conditions; (f) confirmation of the Order and authorisation of payment; (g) payment outcome.

13.2 A place may be reserved for 30 minutes during the checkout process. This reservation does not constitute the conclusion of the contract if the payment is unsuccessful or is not received within the specified time frame.

13.3 The contract relating to the Tour is concluded when payment is successful or, in the case of a bank transfer, when the amount is received and linked to the Order. Before authorising payment, the Participant must be given the opportunity to view the Event/Tour terms and conditions and the Organiser’s specific terms and conditions in a format that can be consulted, downloaded or saved on a durable medium, as well as to separately and actively confirm that they have read and accepted them by ticking a box that is not pre-ticked or by another equivalent means. Acceptance does not constitute a waiver of mandatory rights or legal remedies. Roadbooking sends a confirmation containing the Order code and, where applicable, the voucher. The versions of the rules, the Organiser’s terms and conditions, the Terms and the consents accepted are recorded with the date, time and Order ID.

Art. 14 – Payments

14.1 Where indicated at checkout, payment can be made by card, digital wallet or SEPA bank transfer. The deposit and balance can only be paid by card or digital wallet; bank transfer is available exclusively for a single payment.

14.2 Once the deposit has been paid, the place is confirmed, unless otherwise stated on the Event page. The bank transfer must be received within 7 days of the Order being created, or by the alternative deadline shown at checkout. If the deadline expires without the payment being credited, the Organiser may cancel the Order and make the place available again.

14.3 If the balance is not paid by the deadline, the Order is not automatically cancelled. The Organiser decides whether to grant an extension, maintain the Order or cancel it, within the limits of the law and their own policy published prior to purchase.

14.4 Stripe or another payment provider processes card details in accordance with its own privacy policy and security obligations. Roadbooking does not store the full card number, unless otherwise specified in accordance with applicable standards. The tax document relating to the Event is issued by the Organiser.

Art. 15 – Required Documents

15.1 When requested by the Organiser, the Required Documents may be uploaded in PDF, JPG or PNG format, with a maximum file size of 10 MB per file. The Platform displays the status ‘missing’, ‘uploaded’, ‘approved’ or ‘rejected’, indicating the reason for rejection where necessary.

15.2 The Organiser checks the documents and may only request those necessary for the Event, for safety reasons, to comply with legal obligations or to verify declared requirements. The Participant must upload legible, valid documents relating to themselves, redacting any unnecessary information where this does not hinder verification.

15.3 Document archives are private and accessible, depending on role and need, to the Participant, the Event Organiser and authorised Roadbooking administrators. Access is logged and the documents are not included in routine data exports, unless there is a legitimate request or a legal obligation.

15.4 Medical certificates constitute health-related data within the meaning of Article 9 of the GDPR. Uploading such documents requires explicit, separate and documented consent, which is obtained at the time of upload. Every access is logged. The disclosure of health data is prohibited, in accordance with Article 2-septies, paragraph 8, of Legislative Decree 196/2003.

15.5 The Participant must verify that the documents are valid and up to date. Failure to upload, or the justified refusal to provide, a necessary document may result in exclusion from the Event in accordance with the Organiser’s policy and in compliance with the law. Information on data processing is set out in the Privacy Policy and, in relation to dealings with the Organiser, in the applicable notices.

Art. 16 – Requirements, safety, conduct and risk

16.1 The Participant must meet the essential requirements set out on the Event page, use a suitable vehicle that complies with the law, and follow the Organiser’s instructions, the Highway Code and safety rules. They must promptly notify the Organiser of any impediments or circumstances that would make participation risky.

16.2 The Event may include unpaved sections, challenging roads, changeable weather conditions or other risks typical of motorcycling and related activities. The Participant decides whether to take part and must exercise due care. The Organiser may exclude anyone whose conduct poses a danger to themselves or others.

16.3 Acceptance of risk does not exclude or limit liability for wilful misconduct, gross negligence, personal injury or mandatory liability. Any limitations prohibited by Article 1229 of the Civil Code and Articles 33 and 36 of the Consumer Code are invalid. Any indemnity granted by the Organiser is subject to the same limitations.

Art. 17 – Insurance

17.1 The Participant must have the compulsory third-party liability insurance for the vehicle and any other cover required by law or as specified on the Event page. The cover included is valid only if expressly indicated by the Organiser.

17.2 Supplementary cover for personal injury, assistance, cancellation, repatriation and damage to the vehicle is recommended, where relevant. Roadbooking does not act as an intermediary for insurance policies and does not select or guarantee the insurance products of the Organiser or any third parties.

Art. 18 – Changes and cancellation by the Organiser

18.1 The Organiser may make equivalent adjustments where necessary for safety, weather, road conditions, official measures or other objective reasons, without substantially altering the Event. The Organiser must inform the Participant promptly and indicate the relevant consequences.

18.2 A ‘substantial change’ is one that significantly alters an essential element of the Event, in particular: (a) a change to the start or end date; (b) a change to the destination or the main route, or a significant reduction in duration or distance; (c) an increase in difficulty or a change in terrain, for example from road to off-road; (d) the removal or downgrading of a key service included in the package, such as accommodation, transport, technical or medical assistance; (e) a price increase of more than 8 per cent.

18.3 In the event of cancellation – including where the minimum number of participants is not reached – or a substantial change, the Participant may: (a) accept the change or an equivalent alternative, if offered; or (b) request a full refund of the amounts paid. The refund shall be made within 30 days of notification, unless a more favourable timeframe is provided for by law or by the individual Event.

18.4 If the Event constitutes a package holiday, the provisions of Articles 32 et seq. of Legislative Decree 79/2011 shall prevail, including the traveller’s mandatory remedies.

Art. 19 – Cancellation by the Participant

19.1 The Participant may request cancellation via the Platform. The Organiser’s policy published prior to purchase shall apply. In the absence of a valid policy, no refund is due, except in cases provided for by law or by the individual contract.

19.2 Cancellation charges and refund percentages are displayed prior to purchase. A cancellation charge that is manifestly excessive may be reduced in accordance with Article 1384 of the Italian Civil Code; in contracts with consumers, Article 33(2)(f) of the Consumer Code also applies.

19.3 The refund is decided upon and financially borne by the Organiser. Upon receipt of a complete instruction, Roadbooking will process the refund within 5 working days, subject to the processing times of the payment provider. The Roadbooking service fees charged to the Participant will be refunded if the cancellation is attributable to the Organiser or to Roadbooking, unless there are mandatory provisions that are more favourable.

Art. 20 – Right of withdrawal

20.1 The consumer’s right of withdrawal does not apply to services relating to leisure activities with a specific date or period of performance, in accordance with Article 59(1)(n) of the Consumer Code. This exclusion is clearly communicated prior to confirmation of the Order.

20.2 If the service does not fall within the scope of this exception or if the law nevertheless recognises a right of withdrawal, Roadbooking and the Organiser shall provide the information and procedures required by the applicable legislation.

Article 21 – Complaints

21.1 Complaints regarding the Event, the Organiser’s services, safety, changes, cancellations and refunds must be sent to the Organiser using the contact details provided on the Event page or in the voucher.

21.2 Complaints regarding the Platform, payments processed by Roadbooking, account functionality or data management may be sent to Roadbooking via the published contact details. Roadbooking will handle the request and provide a reasoned response within a reasonable timeframe, taking into account the complexity of the matter.

Art. 22 – Alternative Dispute Resolution

22.1 The consumer may use the alternative dispute resolution mechanisms provided for in Articles 141 et seq. of the Consumer Code and may refer the matter to a competent ADR body, where applicable.

22.2 Mediation as provided for by Legislative Decree 28/2010 and other means provided for by law remain available. The consumer retains the right to bring the matter before the competent court. Roadbooking does not refer to the European ODR platform, which is no longer operational.

SECTION III – ORGANISERS

Art. 23 – Admission and traceability

23.1 The Organiser gains access to the Platform after declaring that they operate professionally and following verification, within the applicable limits, of their details, identity, ownership of the business, professional qualifications and the required criteria. KYC checks and payment verifications are carried out by Stripe or another appointed service provider, in accordance with the applicable procedures. The Platform is reserved for professional Organisers; their identity, contact details and professional status are made available to the Participant on the Event page, at checkout, in the confirmation and on the voucher.

23.2 Roadbooking retains the information necessary to ensure the traceability of the Organiser, Events, Orders and payments, including for the purposes of the obligations under the DSA, such as those relating to service recipients and traders, where applicable (Article 30 of the DSA).

Art. 24 – Organiser’s guarantees and obligations

24.1 The Organiser guarantees that it holds the necessary licences, authorisations, qualifications, resources, staff and insurance for each Event. It maintains adequate third-party liability cover and informs Participants of any relevant limits and exclusions.

24.2 The Organiser shall assess whether the Event constitutes a package holiday or a linked travel arrangement within the meaning of Legislative Decree 79/2011. If such classification entails protection against insolvency or other obligations, the Organiser must provide the required documentation. In the absence of such documentation, the Event shall not be published or may be suspended.

24.3 The Organiser shall publish accurate, complete and up-to-date information; shall keep availability details updated within 24 hours of any change; shall avoid overbooking; and shall, at its own expense, manage any consequences arising from incorrect availability or inaccurate information.

24.4 The Organiser shall comply with its tax, consumer protection, safety, insurance and data protection obligations. It may not transfer sales originating from the Platform outside the Platform in order to circumvent commissions or rules. The commission remains payable where the Order arises from a contact, enquiry or lead generated by the Platform.

Art. 25 – Fees and Price List

25.1 The Organiser shall pay the fees set out in the Price List and in the Organiser Contract. The commission is calculated on the Net Amount Received and deducted at the time of settlement. Payment service provider charges shall be borne by the Organiser, unless otherwise specified in the Price List.

25.2 The amounts are subject to VAT and other applicable taxes. Features indicated as ‘coming soon’ are not active, have no effect and are not charged until they are published as available with the relevant terms and conditions.

25.3 Roadbooking may amend the Price List for justified reasons, including costs, regulations, security, new features or suppliers. Any amendment shall be notified with at least 15 days’ notice on a durable medium, in accordance with Article 3 of Regulation (EU) 2019/1150. The Organiser may terminate the contract before the amendment comes into force, without prejudice to the effects on Orders already concluded.

Article 26 – Collection and Settlements

26.1 Collections are carried out by an authorised payment service provider. Sums due to the Organiser are accounted for separately from sums due to Roadbooking, within the limits and in accordance with the procedures of the payment service provider and the law.

26.2 Settlement takes place on a weekly basis, within 5 working days of the end of the relevant period, subject to KYC checks, chargebacks, fraud, disputes, legal obligations or blocks imposed by the payment service provider. The Organiser receives a statement showing collections, refunds, reversals, commissions, charges and the balance.

26.3 Any deductions must be justified and may not exceed 90 days, subject to legal proceedings, disputes, statutory obligations or documented requirements for protection against fraud and insolvency. The Organiser may request a review; Roadbooking shall respond within 10 working days, where possible.

Art. 27 – Personal data

27.1 Roadbooking is the data controller for the data necessary for the Platform, accounts, security, fraud prevention, payments for which it is responsible, invoicing, support and legal obligations.

27.2 The Organiser is the data controller for the data necessary to design, organise and run the Event, manage Participants, verify eligibility and fulfil its obligations. For operations carried out on behalf of the Organiser, Roadbooking acts as a data processor pursuant to Article 28 of the GDPR, in accordance with the Data Processing Agreement annexed to the Organiser Contract.

27.3 The Organiser and Roadbooking comply with the GDPR, Legislative Decree 196/2003 and applicable legislation. It is prohibited to use personal data received via the Platform for incompatible purposes, to sell such data or to use it to train third-party artificial intelligence systems, unless there is a legal basis, a privacy notice, safeguards and express authorisation where necessary.

Art. 28 – Non-exclusivity and Price Parity

28.1 The relationship with Roadbooking is non-exclusive. The Organiser may publish Events on other channels. Unless otherwise agreed in writing or required by law, Roadbooking does not impose price parity or equivalent conditions compared with other channels.

Art. 29 – Support

29.1 Routine support is available from Monday to Friday, from 9.00 am to 6.00 pm, excluding public holidays, via the published channels. Requests are classified as follows: S1, critical, to be addressed within 1 working day; S2, high priority, 2 days; S3, routine, 5 days; S4, information or improvement, 10 days.

29.2 These response time targets do not guarantee resolution within the specified timeframe. Incidents, supplier unavailability, maintenance, incomplete requests and force majeure may affect response times.

Art. 30 – Suspension and termination

30.1 Roadbooking may suspend or terminate an account or the publication of an Event only for proportionate and justified reasons, including breaches of the Terms or the Organiser’s Contract, false information, non-payment, risks to users or third parties, fraud, loss of authorisations or legal obligations. The measure is usually taken following a request for clarification and a reasonable period of time, except in cases of urgency or risk of harm.

30.2 Suspension does not cancel existing Orders. The Organiser must continue to manage them and fulfil their obligations towards Participants, unless otherwise required by law or necessary for security reasons.

30.3 The decision shall be communicated, stating the reasons, within the limits permitted by Article 4 of Regulation (EU) 2019/1150 and Article 17 of the DSA. The Organiser may lodge a complaint via the internal procedure or to the certified email address (PEC) indicated by Roadbooking.

SECTION IV – FINAL PROVISIONS

Article 31 – Liability

31.1 Roadbooking operates with the required professional diligence. It shall not be liable for the conception, execution, modification, cancellation, safety, quality or compliance of the Events, nor for any refunds that the Organiser has not arranged or for which it is not liable by law.

31.2 In dealings with Organisers acting for professional purposes, save in cases of wilful misconduct, gross negligence, personal injury and mandatory liability, Roadbooking’s total liability is limited to the fees paid by the Organiser in the 12 months preceding the event that caused the damage. Indirect damages, loss of profit, loss of opportunity and consequential damages are excluded, to the extent permitted by law.

31.3 In dealings with consumers, no limitation applies beyond that permitted by law. In any event, liability for wilful misconduct or gross negligence, personal injury and mandatory liabilities pursuant to Article 1229 of the Civil Code and Articles 33 and 36 of the Consumer Code cannot be limited.

Art. 32 – Force majeure

32.1 Neither party shall be liable for delays or failures to perform arising from events beyond its reasonable control, such as natural disasters, exceptional weather events, epidemics, war, terrorism, general strikes, disruptions to essential networks or services, measures taken by the authorities, cyber-attacks that cannot be prevented by reasonable measures, or the unavailability of essential suppliers.

32.2 The affected party shall notify the other party without delay, take reasonable measures to minimise the effects and resume performance as soon as possible. This is without prejudice to the Participant’s non-waivable rights, including those relating to the cancellation and refund of the Event.

Art. 33 – Amendments to the Terms

33.1 Roadbooking may amend the Terms for justified reasons, including regulatory changes, security, new features, changes to suppliers or the prevention of abuse. The new version shall be published with the date of entry into force and, where required, communicated on a durable medium.

33.2 Organisers shall be given at least 15 days’ notice. If the amendment substantially affects the relationship, the Organiser may withdraw before it comes into force. Orders already concluded shall continue to be governed by the version accepted at checkout, except where mandatory provisions or amendments necessary for security or legal reasons apply.

Art. 34 – Assignment

34.1 Roadbooking may assign the contractual relationship or transfer the management of the Platform as part of corporate transactions, reorganisations, business transfers or transfers to group companies, whilst ensuring the continuity of the applicable obligations.

34.2 In dealings with Organisers, notice of such an assignment shall be given at least 30 days in advance. Where the assignment results in a substantial deterioration of the relationship, the Organiser may terminate the agreement before it takes effect, except in respect of Orders already concluded and mandatory obligations.

Art. 35 – Notifications, partial invalidity and tolerance

35.1 Notifications may be sent by email, certified email (PEC), to the Garage or to other contact details provided by the User, or published on the Platform where permitted by law. The User must keep their contact details up to date.

35.2 If any provision is invalid or unenforceable, the remaining provisions shall remain valid. The provision shall be replaced, to the extent permitted, by a valid provision that achieves the original economic and legal purpose as closely as possible.

35.3 Failure to exercise a right shall not constitute a waiver. Any tolerance must be set out in a written notice and shall not extend to subsequent breaches.

Art. 36 – Governing law and jurisdiction

36.1 These Terms are governed by Italian law. In the event of translations, the Italian text shall prevail. The consumer shall also benefit from the mandatory protections provided by the law of the country in which they habitually reside, where provided for under Article 6 of Regulation (EC) No 593/2008.

36.2 For consumers, the court with jurisdiction is that of the consumer’s place of residence or domicile, in accordance with Article 66-bis of the Consumer Code, unless a more favourable court is provided for by law.

36.3 For Users who are not acting as consumers, the Court of Brescia shall have exclusive jurisdiction, unless otherwise agreed in writing or provided for by mandatory law.

Article 37 – Specific approval for non-consumer Users

37.1 Pursuant to Articles 1341 and 1342 of the Italian Civil Code, a User who is not acting as a consumer hereby declares that they specifically accept the following clauses: Article 4 (role and limitations of Roadbooking); Article 7 (licence relating to User Content); Article 24 (warranties and obligations of the Organiser); Article 25 (fees and amendments to the Price List); Article 26 (collection, settlements and deductions); Article 30 (suspension and termination); Article 31 (liability and limitations); Article 33 (amendments to the Terms); Article 34 (assignment); Article 36 (governing law and jurisdiction).

37.2 For Users acting in a capacity other than as consumers only, specific approval of onerous clauses is obtained by means of an electronic declaration that satisfies the requirements of written form and the identification of the declarant, such as, for example, an electronic signature or an OTP procedure linked to the account. This declaration must be separate from the general acceptance, must highlight the clauses approved, and must allow for the recording of the date, time, User’s identifier, version of the Terms and the approved content. A tick box alone is not, in itself, sufficient to constitute such specific approval. This mechanism does not apply to consumers, who remain subject to the protections provided by the Consumer Code.

Referenced documents and publication

The Content Policy, Price List, Privacy Policy and Cookie Policy are published and updated on the Platform. The Organiser’s Event/Tour Regulations and specific terms and conditions, including requirements, Required Documents, services included and excluded, cancellation policy, availability, price, pre-contractual information and the Organiser’s contact details, are also published or made available during the checkout process. Before authorising payment, the Platform provides a procedure for users to review and separately and actively accept these documents, recording the version, date, time and Order ID. Updates to the documents are accompanied by the relevant effective date.