Terms & Conditions of Use of the website www.laprimafonte.com and the provision of services offered under the brand La Prima Fonte

(La Prima Fonte – A Project of TIMO S.r.l.)

Last updated: 26.02.2016

These Terms & Conditions (“Terms”) govern access to and use of the website www.laprimafonte.com (the “Website”) and the provision of services offered under the brand La Prima Fonte.
La Prima Fonte is a commercial project operated by:

TIMO S.r.l.
Via Capitano Luigi Laviano n.100
81100 Caserta (CE), Italy
VAT No.: IT04791230610
Email: info@timosrl.com
PEC: timosrl@mypec.eu
TIMO S.r.l. shall be hereinafter referred to as the “Company”.

By accessing the Website or engaging our services, you agree to these Terms.

1. Nature of Services

La Prima Fonte provides:

• premium concierge services
• experience design and travel advisory
• event coordination and destination celebration planning
• operational support for agencies and corporations

The Company does not operate as a licensed tour operator and does not sell package travel products unless expressly stated.
Services are provided on a consultancy and coordination basis.

2. Role of the Company

The Company may act as:

• an independent consultant
• a coordinator between client and third-party suppliers
• a local representative partner

Unless otherwise stated in writing, contracts for:

• accommodation
• transport
• catering
• venues
• experiences

are concluded directly between the client and the relevant third-party provider.
The Company is not responsible for supplier performance beyond reasonable due diligence and coordination.

3. Quotations and Proposals

All proposals, estimates and quotations:

• are subject to availability
• are non-binding until confirmed in writing
• may be subject to change due to supplier pricing or external factors

Written confirmation from both parties is required before services commence.

4. Fees and Payment Terms
The Company operates under a transparent professional fee structure which may include:

• fixed advisory fees
• percentage-based coordination fees
• retainers
• B2B net-rate agreements

Unless otherwise agreed:

• Planning fees are payable upon confirmation
• Deposits may be required before operational work begins
• Supplier payments are made directly to suppliers unless otherwise instructed

Professional fees may be non-refundable once services have commenced.

5. Changes and Cancellations

Supplier cancellation policies apply separately.
In the event of modification or cancellation:

• The Company’s professional fee remains payable for work already performed
• Any non-refundable supplier deposits are governed by supplier terms

The Company will make reasonable efforts to mitigate financial impact where possible.

6. Limitation of Liability (Enhanced)To the maximum extent permitted by applicable law:

6.1 No Liability for Third-Party ServicesThe Company acts as an independent concierge, coordinator and consultant.
The Company shall not be liable for:

• acts, omissions, negligence or default of third-party suppliers
• disruptions, delays or service deficiencies attributable to third parties
• overbooking, cancellation, insolvency or operational changes by suppliers
• service interruptions beyond the Company’s direct control

Clients acknowledge that third-party providers operate independently and under their own contractual terms.

6.2 No Guarantee of Availability or OutcomesThe Company does not guarantee:

• availability of specific properties, venues, experiences or individuals
• specific aesthetic or subjective expectations
• weather conditions or environmental factors
• outcome-dependent experiences

All services are subject to availability and external factors inherent in the travel, hospitality and events industries.

6.3 Limitation of DamagesIn no event shall the total aggregate liability of the Company exceed:
the total amount of professional fees actually paid to the Company, excluding payments made directly to third-party suppliers.
Under no circumstances shall the Company be liable for:

• indirect damages
• consequential damages
• punitive damages
• loss of reputation
• loss of business opportunity
• emotional distress
• travel interruptions
• loss of enjoyment

This limitation applies regardless of the legal theory (contract, tort, negligence or otherwise).

6.4 Assumption of RiskThe client acknowledges that travel and event participation inherently involve risks, including but not limited to:

• travel disruptions
• health-related incidents
• supplier insolvency
• governmental restrictions
• accidents

The client assumes full responsibility for participation in all activities.
The Company strongly recommends comprehensive travel insurance, cancellation insurance, and health coverage.

6.5 Release and IndemnificationThe client agrees to indemnify and hold harmless TIMO S.r.l., its directors, employees and collaborators from any claims, damages or liabilities arising from:

• client-provided inaccurate information
• misuse of services
• breach of local laws
• damages caused by client actions toward suppliers

6.6 Force Majeure (Expanded)The Company shall not be liable for failure or delay in performance caused by:

• force majeure events
• pandemics or public health crises
• government orders, travel bans, visa restrictions
• acts of terrorism or war
• strikes or labor disruptions
• natural disasters
• extreme weather conditions
• supplier bankruptcy

Performance obligations shall be suspended for the duration of the force majeure event.

7. Force Majeure

The Company shall not be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to:

• natural disasters
• government restrictions
• pandemics
• strikes
• transport disruptions

8. Client Responsibilities

Clients agree to:

• Provide accurate and complete information
• Respect local laws and cultural norms
• Secure appropriate travel insurance
• Inform the Company of health conditions or special requirements when relevant

9. Intellectual Property

All itinerary concepts, event designs, creative proposals, documentation and materials prepared by the Company remain intellectual property of TIMO S.r.l. unless otherwise agreed.
Unauthorized reproduction or distribution is prohibited.

10. Confidentiality

All client information is treated confidentially.
The Company agrees not to disclose private client data unless required by law or necessary for service delivery.

11. Data Protection

Personal data is processed in accordance with the Website’s Privacy & Cookie Policy and applicable GDPR regulations.

12. Governing Law and Jurisdiction

These Terms are governed by Italian law.
Any dispute arising from these Terms shall be submitted to the jurisdiction of the competent court in Italy, unless mandatory provisions provide otherwise.

13. Amendments

The Company reserves the right to modify these Terms at any time.
The most recent version will always be published on the Website.

14. Dispute Resolution & Arbitration

14.1 Attempt at Amicable ResolutionIn the event of any dispute arising out of or relating to these Terms or the provision of services, the Parties agree to first attempt to resolve the matter amicably through good faith negotiations.

14.2 Mandatory Arbitration (For International Clients)If the dispute cannot be resolved amicably within 30 days, any dispute involving an international client (non-resident in Italy) shall be finally settled by arbitration.
Arbitration shall:

• be conducted in English
• be governed by the rules of the Milan Chamber of Arbitration (Camera Arbitrale di Milano) or equivalent internationally recognized arbitral institution
• take place in Milan, Italy
• be conducted by a single arbitrator
• be confidential

The decision of the arbitrator shall be final and binding.

14.3 Jurisdiction for Italian ResidentsFor clients resident in Italy, disputes shall fall under the jurisdiction of the competent court of Italy unless arbitration is mutually agreed.

14.4 Governing LawThese Terms are governed by Italian law, without regard to conflict of laws principles.