8. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
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. On The Roads S.r.l. 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 OUR DIRECTORS, EMPLOYEES, OR AGENTS 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. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO 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 our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, 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 service providers within the meaning of 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
participation fee charged by the Organizer is intended solely as a reimbursement of the costs of coordination, logistics, pre-booking of
shared resources, 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 clause (d) 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 participation fees upon an Organizer's cancellation, as provided in clause (d), is a purely administrative act executed on escrowed 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 participation fee itself.
26. PLATFORM-ONLY NATURE OF THE SERVICES
On The Roads 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. All contracts for travel, accommodation, or related services are entered into directly between Organizers and Participants, and Organizers are solely and exclusively responsible for the lawful organization, planning, execution, supervision, and safety of each trip. On The Roads acts only as a neutral venue and payment intermediary.
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 On The Roads 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 escrow 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, ESCROW, AND REFUNDS
Participation fees are processed exclusively through our third-party payment processor Stripe and are held in escrow 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 participation fee, and the remaining eighty-five percent (85%) is released to the Organizer's connected Stripe account after the escrow 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. 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, and the Organizer shall not receive any payout. In addition to the participation 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 participation 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 trip 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 On The Roads, its directors, employees, and affiliates 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: (a) they act in their own name and on their own account, and are solely responsible for the accuracy of trip descriptions, pricing, itineraries, accommodations, and inclusions; (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) they must promptly refund Participants in the event of cancellation or material change to the trip; (f) they are solely liable, to Participants and third parties, for any damage, injury, or loss occurring during the trip.
32. DISPUTE MEDIATION BETWEEN USERS
Any dispute arising between an Organizer and a Participant concerning the planning, execution, quality, cancellation, or refund of a trip is a matter between those users. On The Roads 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 escrow 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 On The Roads 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, escrow 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. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
On The Roads S.r.l.
Milan, Italy
Milan, MI 20156
Italy
10. SOCIAL MEDIA