We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://api.ontheroads.app/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Italy. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Italy, then through your continued use of the Services, you are transferring your data to Italy, and you expressly consent to have your data transferred to and processed in Italy.
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Italy, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. OnTheRoad and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Milan, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Italy, or in the EU country in which you reside.
17. DISPUTE RESOLUTION
The European Commission provides information on consumer redress, including a list of dispute resolution bodies by country, which you can access. If you would like to bring this subject to our attention, please contact us.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR ANY CONTRACTOR OR AGENT ACTING ON OUR BEHALF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US. APPLICABLE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including any contractors, agents, or service providers acting on our behalf, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
25. PERSONAL RESPONSIBILITY, AND LIMITED ORGANIZER LIABILITY
The Platform is a peer-to-peer community of
independent adult travelers. Organizers are not professional travel agents, tour operators, guides, or organizers or sellers of package travel or linked travel arrangements under Directive (EU) 2015/2302 or Italian Legislative Decree No. 79/2011, and they do not hold themselves out as such. Each trip published on the Platform is understood as an invitation to fellow travelers to share a journey coordinated by one of them, and the
organization fee charged by the Organizer is intended solely as a reimbursement of the costs of coordination, logistics, research and preliminary identification of logistical options,
and organizational effort, and not as consideration for the provision of a travel service, a package, or a guaranteed experience. Personal responsibility of each traveler. By joining a trip, each Participant expressly acknowledges, represents, and agrees that:
(i) they are an adult of at least 18 years of age, in good physical and mental health for the nature of the trip, and capable of making informed decisions about their own safety, well-being, and legal compliance; (ii) they are solely and exclusively responsible for themselves at all times before, during, and after the trip, including for their own physical safety, health, medical care, personal belongings, money, travel documents, visas, vaccinations, medications, dietary needs, emergency planning, travel insurance, and lawful conduct; (iii) they voluntarily choose to participate in the trip with full awareness of the inherent risks of travel — including, without limitation, accidents, illness, injury, theft, loss of property, natural disasters, political instability, transportation failures, weather events, and acts or omissions of third parties — and they voluntarily assume all such risks as their own, to the maximum extent
permitted by applicable law; (iv) they are responsible for evaluating, independently and in advance, the suitability of the trip, the reliability of the Organizer and of any third-party providers, and the adequacy of the proposed itinerary for their personal circumstances; (v) they are responsible for obtaining, at their own expense and prior to departure, comprehensive travel, medical, cancellation, accident, and repatriation insurance. The Platform and the Organizer do not provide, broker, or endorse any insurance product and disclaim any liability arising from a Participant's failure to obtain adequate coverage; (vi) any contracts entered into by the Participant for flights, accommodations, local transportation, activities, equipment rental, or any other travel-related service booked outside the Platform are personal contracts between the Participant and the relevant third-party provider, and neither the Platform nor the Organizer is a party to such contracts or responsible for their performance, cancellation, or refund. Limited liability of Organizers. Subject to Section 29 on refunds and to mandatory provisions of applicable law, Organizers act as non-professional peers coordinating a shared journey. Organizers are not liable to Participants or third parties for ordinary inconveniences, subjective dissatisfaction, minor deviations from the published itinerary, weather conditions, acts of third parties,
force majeure events, or any harm resulting from the Participant's own conduct, omissions, or failure to follow reasonable instructions.
Organizers shall be liable to Participants only in cases of willful misconduct (dolo) or gross negligence (colpa grave) within the meaning of Article 1229 of the Italian Civil Code, or where liability cannot be excluded under applicable law, including liability for death or
personal injury caused by negligence, fraud, or any mandatory rule of Italian or European Union consumer protection law.
No assumption of liability by the Platform.
The Platform's automatic refund of organization fees upon an Organizer's cancellation, as provided in Section 29, is a purely administrative act executed on delayed payment funds in accordance with the Platform's internal rules. It shall not be construed, under any circumstances, as an assumption by the Platform of responsibility for the trip itself, for the conduct of the Organizer or of other Participants, for any additional loss suffered by Participants (including, without limitation, non-refundable flights, accommodations, visas, vaccinations, equipment, lost wages, emotional distress, or "ruined holiday" damages), or for any other consequence of the cancellation beyond the refund of the organization fee itself.
26. PLATFORM-ONLY NATURE OF THE SERVICES
OnTheRoad is a technology platform that connects travelers who wish to organize group trips ("Organizers") with travelers who wish to join them ("Participants"). We are not a travel agency, tour operator, tour organizer, travel intermediary, carrier, or provider of package travel or linked travel arrangements within the meaning of Directive (EU) 2015/2302 or Italian Legislative Decree No. 79/2011 (Codice del Turismo). We do not own, operate, sell, resell, book, furnish, arrange, supply, manage, or control any trip, accommodation, transportation, activity, or travel service offered through the Platform. Any contract for flights, accommodations, transportation, or related services is entered into directly between the individual Participant and the relevant third-party provider. The relationship between Organizer and Participant through the Platform is limited to trip coordination and the organization fee. Organizers act as private users who propose itineraries and coordinate activities among Participants, without providing professional tourism services. Organizers are not tour operators, travel agencies, or tourism professionals, and are solely and exclusively responsible for the lawful organization, planning, and execution of each trip. The Platform uses third-party providers (e.g. Stripe) for payment processing and does not act as a financial institution or regulated payment intermediary under the PSD2 regulation (Directive (EU) 2015/2366). OnTheRoad acts only as a neutral technology venue that facilitates connections between users.
27. TRUTHFULNESS OF REVIEWS AND REPORTS
Users who submit reviews, ratings, or reports through the Platform — including, without limitation, reviews of Organizers, ratings of trips, and reports submitted through the Platform's reporting system (covering categories such as no-show, fraud, scam, misleading information, unsafe behavior, or other violations) — represent and warrant that:
(a) the content they submit is truthful, accurate, and based on their own direct and personal experience with the trip, Organizer, or Participant in question;
(b) reviews reflect a genuine and good-faith assessment, and are not false, defamatory, fabricated, exaggerated, misleading, incentivized, purchased, exchanged, coordinated with third parties, or otherwise manipulated to influence the reputation of any user or trip;
(c) reports are submitted in good faith, are factually grounded, and are not retaliatory, malicious, coercive, extortive, or filed with the intent to harm a competing Organizer, obtain an unjustified refund, pressure another user, or circumvent the Platform's rules;
(d) the content does not contain personal data of third parties, defamatory statements, hate speech, or any material that violates applicable law, including the Italian Civil Code (articles 594 and 595 on defamation, as applicable) and the Italian Criminal Code;
(e) the user is solely and exclusively responsible, both civilly and criminally, for the content of any review or report they submit, and agrees to indemnify and hold harmless OnTheRoad from any claim, damage, cost, or expense arising from content that is false, misleading, defamatory, or submitted in bad faith.
Platform rights:
We reserve the right, at our sole discretion and without prior notice, to investigate, remove, edit, or refuse to publish any review or report that we reasonably believe violates this clause; to suspend or terminate the accounts of users who submit false or bad-faith content; to withhold or release delayed payment funds pending the outcome of such investigation; and to cooperate with competent authorities and provide user data upon lawful request. Users acknowledge that the Platform has no obligation to verify the accuracy of reviews or reports prior to publication, but reserves full authority to act on them after the fact in accordance with the EU Digital Services Act (Regulation (EU) 2022/2065) and applicable Italian law.
28. TRAVEL DOCUMENTS, VISAS, VACCINATIONS & INSURANCE
Participants are exclusively responsible for obtaining and maintaining all travel documents required for any trip, including valid passports, visas, transit permits, health certificates, vaccinations, and any other entry requirements of the origin, transit, and destination countries. We do not verify, advise on, or guarantee the accuracy or sufficiency of any such documentation. We strongly recommend that every Participant obtain comprehensive travel, medical, cancellation, and repatriation insurance prior to any trip. We do not provide, sell, broker, or endorse any insurance product, and we disclaim any liability arising from a Participant's failure to obtain adequate insurance or valid travel documentation. Denial of boarding, entry refusal, deportation,
quarantine, or any consequence arising from missing or invalid documents is the sole responsibility of the Participant and does not entitle the Participant to any refund from the Platform or the Organizer.
29. PAYMENTS, DELAYED PAYMENT, AND REFUNDS
Organization fees are processed exclusively through our third-party payment processor Stripe and are held in delayed payment until forty-eight (48) hours after the scheduled end date of the trip, in accordance with the timelines and rules set forth in these Terms. The Platform retains a service commission of fifteen percent (15%) of the per-person organization fee, and the remaining eighty-five percent (85%) is released to the Organizer's connected Stripe account after the delayed payment period, provided no pending reports or disputes are open against the Organizer. Refund schedule for Participant cancellations. The applicable refund percentage depends on the trip type — determined by the distance between the Participant's continent of residence and the continent of the trip destination, as well as by the overall duration of the trip — and on the number of days remaining before the trip start date. For refund purposes, three trip types are distinguished: (i) Short-haul, a short trip within the Participant's own continent of residence; (ii) Medium-haul, a trip to a continent neighbouring the Participant's continent of residence, or a longer-duration trip within the same continent; (iii) Long-haul, a trip to a far or non-neighbouring continent, or a significantly extended trip. Trips of longer duration may be classified in a higher category than the one resulting from distance alone, to reflect the higher non-recoverable costs typically associated with longer stays. In particular, trips lasting 8 days or more are classified at least as Medium-haul, and trips lasting 15 days or more are classified at least as Long-haul, regardless of distance.
By way of example, for a Participant residing in Europe: a 5-day trip to Spain is Short-haul; a 5-day trip to Morocco or the Middle East is Medium-haul; a trip to Japan, the United States or Australia is Long-haul. A 10-day trip to Spain is promoted to Medium-haul due to its duration; a 20-day trip to Spain is promoted to Long-haul. The refund tiers are summarised in the following table:| Trip type | Days before departure | Refund |
|---|
| Short-haul | 20 or more days | 100% |
| 7 to 19 days | 50% |
| less than 7 days | no refund |
| Medium-haul | more than 45 days | 100% |
| 15 to 45 days | 50% |
| less than 15 days | no refund |
| Long-haul | more than 75 days | 100% |
| 60 to 75 days | 50% |
| 30 to 59 days | 30% |
| less than 30 days | no refund |
The applicable category (short-, medium-, or long-haul) and refund percentage are transparently displayed to the Participant before the cancellation is confirmed. Organizer no-show or cancellation entitles all Participants to a 100% refund of the organization fee, and the Organizer shall not receive any payout.
Cancellation due to force majeure. If a Participant is unable to take part in a trip due to exceptional and documentable circumstances — including, by way of example and without limitation, sudden job loss, armed conflict or war in the destination country, serious injury, serious illness, or death of the Participant or a close family member — and the cancellation falls within a time bracket that, under the refund schedule above, does not provide a full refund, the Participant may contact our support team at support@ontheroads.app, attaching appropriate supporting documentation. The Platform reserves the right, at its sole and absolute discretion, to evaluate the request and, where deemed justified, to issue a refund of the residual amount not covered by the standard schedule. Such extraordinary refund does not constitute an automatic entitlement of the Participant, but a discretionary faculty of the Platform exercised on a case-by-case basis. The Service Fee remains non-refundable in all cases.
Refunds refer exclusively to the organization fee and do not include any tourism services (flights, accommodations, transportation), the booking and management of which remain the individual responsibility of each Participant. In addition to the organization fee, Participants are charged a non-refundable service fee ("Service Fee"), calculated as (0.015 × fee + €0.25) / 0.985 and disclosed transparently at checkout. This fee fully covers the payment processing costs retained by our processor Stripe (currently 1.5% + €0.25 for cards issued within the European Economic Area; different rates may apply to cards issued outside the EEA, as per Stripe's then-current pricing) and does not constitute additional revenue for the Platform. The Service Fee is non-refundable under any circumstances, as Stripe does not return processing fees on refunds. The Organizer receives 85% of the organization fee only (net of the 15% Platform commission) and bears no Stripe fee on the incoming transfer to their Stripe Connect account for standard EUR transfers within the SEPA area; any fees for instant payouts or non-EUR transfers, configured by Stripe on the Connected account, are borne by the Organizer. Service fees are non-refundable. Direct payments between Organizers and Participants outside the Platform for services covered by the organization fee are strictly prohibited and constitute a material breach of these Terms.
30. ASSUMPTION OF RISK
Participants acknowledge and agree that travel — and particularly group travel organized through a peer-to-peer platform — involves inherent risks, including but not limited to accidents, illness, injury, theft, loss of property, natural disasters, acts of terrorism, civil unrest, transportation delays or failures, quarantine, and unforeseen events beyond the Platform's control. Participants voluntarily assume all such risks and release OnTheRoad and its contractors, agents, or service providers from any and all claims, liabilities, damages, costs, and expenses arising out of or related to participation in any trip, to the maximum extent permitted by applicable law. Nothing in this clause limits liability for death, personal injury, fraud, willful misconduct, gross negligence, or any liability that cannot be excluded under Italian or European Union consumer protection law.
31. ORGANIZER OBLIGATIONS
Users who create and publish trips as Organizers acknowledge and agree that: Notwithstanding that Organizers act as non-professional private users as set forth in Section 25, they undertake the following: (a) they act in their own name and on their own account, and are solely responsible for the accuracy of trip descriptions, pricing, itineraries, and proposed activities in the itinerary; (b) they must complete Stripe Connect onboarding and accept Stripe's Connected Account Agreement (available at https://stripe.com/connect-account/legal) before publishing a paid trip; (c) they are responsible for complying with all applicable laws in the origin, transit, and destination countries of the trip, including tax, consumer protection, safety, and licensing obligations; (d) they shall not operate a trip requiring professional licensing (such as mountain guiding, scuba instruction, or regulated adventure activities) unless they hold the required license; (e) in the event of cancellation or material change to the trip by the Organizer, Participants are entitled to a refund of the organization fee held in delayed payment, in accordance with Section 29; (f) subject to the limitations set forth in Section 25, Organizers are liable to Participants exclusively for damage, injury, or loss caused by their willful misconduct or gross negligence during the trip; (g) Organizers may not, whether through the Platform or outside it, collect funds, receive payments, or make bookings on behalf of Participants for tourism services (flights, accommodations, transportation, excursions, or any other travel-related service). Each Participant is individually responsible for booking and paying for their own tourism services. Organizers act as private users who propose itineraries and coordinate activities among Participants, without providing professional tourism services.
32. DISPUTE MEDIATION BETWEEN USERS
Any dispute arising between an Organizer and a Participant concerning the planning, execution, conduct, cancellation, or refund of a trip is a matter between those users. OnTheRoad is not a party to such disputes and has no obligation to mediate, adjudicate, or resolve them. At our sole discretion, we may facilitate communication between the parties, review evidence submitted through the Platform's reporting system, and take administrative action — including releasing or withholding delayed payment funds, suspending accounts, or removing content — based on our Terms and internal policies. Any such action is without prejudice to the users' right to seek independent legal remedies.
33. COMMUNICATIONS, PUSH NOTIFICATIONS & IN-APP MESSAGING
By creating an account on the Platform, you acknowledge that OnTheRoad will send you communications through multiple channels, including email, in-app push notifications, and in-app messaging, and that such communications are organized into the following categories:
(a) Security and account integrity communications — such as login alerts, password reset confirmations, suspicious activity warnings, email verification, two-factor authentication codes, and notices of material changes to these Terms or to the Privacy Policy. These communications are required for the security of your account and for the performance of the contract between you and the Platform pursuant to Article 6(1)(b) of the General Data Protection Regulation (Regulation (EU) 2016/679). They are sent through the channel that the Platform deems most reliable for the specific message and, while you may reduce their frequency by managing your notification preferences, certain essential security and legal notices cannot be suppressed without closing your account. (b) Service and transactional communications — such as notifications about trips you have joined or organized, payment confirmations, delayed payment release notices, refund confirmations, participant updates, messages received in trip discussions, reports filed against you, follower activity, and similar events related to your use of the Services. You may enable or disable each of these notification categories independently at any time from your account settings, including a master switch that disables all push notifications at once, as well as dedicated switches for messages, trip activity, social interactions, reports, and suggestions. Disabling a category will prevent push notifications for that category from being delivered to your device, but may not prevent equivalent information from being shown inside the app when you actively open it. (c) Marketing and promotional communications — such as newsletters, re-engagement messages, product announcements, and promotional offers. These communications are sent only on the basis of your explicit opt-in or, where permitted by applicable law, your soft opt-in, and can be disabled at any time from your account settings, from the "Suggestions" notification category, or by following the unsubscribe instructions included in each marketing email. You will continue to receive non-marketing communications even after opting out of marketing. Device-level controls. Independently of the in-app preferences described above, you may also disable push notifications entirely at the operating-system level through the notification settings of your iOS or Android device. Doing so will suppress the delivery of push notifications regardless of your in-app preferences; however, it will not prevent the Platform from sending you email or in-app communications. Third-party service providers. Push notifications are delivered through Expo's push notification service and, ultimately, through Apple Push Notification service (APNs) and Firebase Cloud Messaging (FCM). Email communications are delivered through Resend as the Platform's email service provider. These providers act as data processors on behalf of the Platform pursuant to Article 28 GDPR, under written data
processing agreements. Details on international data transfers, retention periods, and your rights as a data subject are set forth in the Privacy Policy. Legal basis and your rights. Transactional and security communications are processed on the basis of Article 6(1)(b) GDPR (performance of the contract) and Article 6(1)(f) GDPR (legitimate interest in securing accounts and preventing fraud). Marketing communications are processed on the basis of Article 6(1)(a) GDPR (consent) or, where applicable, Article 130(4) of the Italian Personal Data Protection Code (soft opt-in). You may exercise your rights to access, rectify, erase, restrict, object to, or port your personal data at any time by contacting privacy@ontheroads.app or through the data export feature available in your account settings.
34. TAX OBLIGATIONS AND EU DIRECTIVE DAC7
A brief note on European tax regulations: since 2023, all European digital platforms — including OnTheRoad — are required to report annually to the relevant tax authority the data of those who earn money on the platform. This rule is called DAC7 and is mandated by Italian Legislative Decree 32/2023, which transposes EU Directive 2021/514. It aims to harmonise tax rules across EU countries and is not our choice: it is a legal obligation.
What this means for you in practice:
-
If you are a Participant: this does not concern you. This regulation only applies to those who receive money on the Platform, i.e. Organizers.
-
If you are an Organizer: every January, we report to the Italian Revenue Agency (Agenzia delle Entrate) your identification data (name, tax identification number, VAT number if applicable, residence, IBAN) and the total amount you earned on the Platform in the previous year. This is the same data you provide during Stripe onboarding, so we do not ask for anything extra.
You are excluded from reporting if during the year you completed fewer than 30 transactions and earned less than €2,000. If you exceed even one of these two thresholds, reporting applies.
Full transparency. By January 31 of each year, we will send you via email a PDF summary of all the data concerning you that we have transmitted. You can also find it in your personal area, under "Tax Documents".
What we need from you. Simply that the data you provide during Stripe onboarding is truthful and up to date. If you change residence, open a VAT number, or change your bank account, please update your Stripe profile when you can. If in the months before the annual deadline we notice missing or incorrect data, we will write to you to request confirmation. If we do not receive a response within 60 days of the second reminder, we may need to temporarily suspend payments until the situation is regularised: this is a regulatory requirement, not our choice.
Privacy. We process this data as required by Article 6(1)(c) of the GDPR (legal obligation). We retain it for 10 years as required by Italian tax law (Article 2220 of the Civil Code). Due to the legal obligation, certain GDPR rights — such as erasure and objection — are limited for DAC7 data until the end of this retention period. The rights of access and rectification remain fully exercisable. For any questions, you can write to us at
privacy@ontheroads.app.
Important. DAC7 reporting does not replace your personal tax filings. You remain responsible for your own taxes: reporting data to the Revenue Agency does not mean that taxes are automatically paid. If you have any doubts about how to declare your income as an Organizer, we recommend speaking with your accountant.
Non-EU Organizers. If you are a tax resident outside the European Union, we will ask you to confirm this with the necessary documentation. DAC7 reporting does not apply in that case, but you remain subject to the tax obligations of your country of residence.
35. SIGN-IN VIA THIRD-PARTY PROVIDERS (GOOGLE, APPLE)
The OnTheRoad App allows sign-in via Google Sign-In and Sign in with Apple. By using these services you accept the following terms:
35.1 Security of your provider account. You are responsible for the security of your Google and Apple credentials. Compromise of your provider account may result in unauthorized access to your OnTheRoad account. We strongly recommend enabling two-factor authentication on your provider account.
35.2 Deactivation of the provider account. If you delete or deactivate your Google or Apple account, you will lose the ability to sign in to OnTheRoad via that provider. To avoid lock-out, please set an OnTheRoad password before disabling your only sign-in provider.
35.3 Linking a social account to an existing OnTheRoad account. When you attempt to sign in with Google or Apple and the provider email matches an existing OnTheRoad account, the App will request your OnTheRoad password as a security measure to confirm the linking. Silent automatic linking never occurs.
35.4 Data received. Data received from providers (email, unique identifier, optionally name and profile picture) and the corresponding legal bases for processing are detailed in the Privacy Policy, «Sign-in via third-party providers» section.
35.5 Unlinking. At any time you can unlink a provider from the «Linked accounts» section of your profile. The system will refuse unlinking if it would leave you without any valid sign-in method (no password set and no other provider linked).
36. CONTACT US
Service provider information pursuant to Italian Legislative Decree 70/2003
Arjola Sulcaj
Sole proprietorship under Italian law
Business address: Milan, Italy
VAT/Tax ID (Partita IVA): 14686910960
10. SOCIAL MEDIA