Versione 1.0 - December 2021

Dear Visitor,
within this document are established all the General Terms and Conditions of Services related to the use of our Website.
We commit to make all our Legal Documents easy to understand and consult.
Therefore we have chosen to settle this document, entitled “General Terms and Conditions”, with a summary, divided in Sections with numbered listings: this might be useful to easily find the reference you are looking for.
We have also created (in order to shorten the text in the most important contents) the "Glossary" section, which explains the meaning of words written with a capital letter.
As for the part relating to the processing of your Personal Data, please refer to the Privacy Policy and Cookie Policy.
For any doubt or request about Legal Document you can contact us at the address: info@esair.it

Summary
Use of the website
Glossary


  • USE OF THE WEBSITE
  • Current Section, also indicated as Terms of Use of the Website, rules the supply to the Visitor of the Website.
  • Using the Website, the Visitor declares to have read and accepted the Terms Of Use.
  • The Company there invites the Visitor to carefully read the Terms of Use, considering it represents a binding contract between the Company and the Visitor referring to the use of the Website.
  • Whether the Visitor doesn’t agree with one of the current provisions, he/she is demanded to abandon the Website.
  • The Website is owned by eSair Handling S.r.l., hereinafter referred to as "Company", as per the Glossary that specifies its identification data.
  • The Website was released to ensure a presence on the web to the Company and, if necessary, also designed to provide the Services provided by the Company from time to time.
  • The Company reserves the right to no longer make the Website available, in whole and/or in part, and/or modify, eliminate and replace the Services available on the Website, also by updating the Website itself. 
  • The Visitor acknowledges and accepts that:
      1. the  Contents on the Websites are for informational purpose only;
      2. the Company will process Personal Data o the Visitor according with the provisions of the Privacy Policy and the Cookie Policy;
      3. the Company will provide the Website subject to the needs related to any scheduled or extraordinary maintenance work that cannot be postponed;
      4. that the costs of connection to the Internet, and those eventually related to the Modes of Connection Modes, are at his/her own expense.
  • The Company is entitled to:
      1. modify, update, suspend, limit or interrupt the operation of the Site at any time, or change and/or replace the domain name;
      2. analyze the traffic on the Website (e.g. detect the most visited pages, the number of visitors by time slot or daily, the geographical origin, the average connection time, the browsers used, the origin of the visitor - from search engines or other sites -, phrases and words searched etc.) to understand how it is used and manage it, optimize it and improve it, or even just for statistical purposes; 
      3. solve operational problems (e.g. anomalies in page loading);  
      4. perform monitoring activities to repel and/or prevent computer attacks and fraud.
  • WARRANTY EXCLUSIONS AND NO ASSISTANCE
    1. The Website is provided "AS IS" and "AS AVAILABLE",and therefore the Company makes no express or implied warranties whatsoever (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and that it may be temporarily inaccessible or otherwise contain defects or delays. 
    2. In particular, the Company makes no express warranties as to:
  1. the suitability of the Website with respect to the needs of the Visitor;
  2. the availability and quality of the Website;
  3. the absence of errors (of any kind, including technical errors) in the Website, and their correction.
  1. The Company will make every reasonable effort to ensure that the Visitor has continuous and uninterrupted access to the Website and Services, but can not, under any circumstances, be held responsible if one or more of the Services or Content made available to the Visitor (even free of charge) are temporarily or permanently inaccessible.
  2. The Company is not responsible for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions made or initiatives taken by the Visitor and/or Third Parties based on (and/or as a result of) the Contents of the Website.
  3. The Company does not guarantee the provision of technical assistance in relation to the Website. 
  • VISITOR’S OBLIGATIONS
    1. The Visitor undertakes to: 
  1. do not use the Website in an improper manner. For instance, it is forbidden to use the Website in ways or for purposes not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Website or damage it, to access the Website using automated tools (such as collection bots, robots, spiders or scrapers);
  2. to provide his/her true Data;
  3. do not violate:
    1. the Terms of Use; 
    2. any other provision of the General Terms and Conditions applicable to the act performed by the Visitor;
    3. the Applicable Law and the Privacy Regulations of Italy and/or of the country in which it is located and/or of the country in which he/she resides, or in any case applicable to the activities it carries out;
    4. the rights of the Company and/or Third Parties.
  • POWERS OF THE SOCIETY
    1. The Company is entitled to, at its sole discretion and without any obligation to pay compensation:
  1. deny the Visitor to access the Website;
  2. undertake toward the Visitor any actions in its protection, including damage repairing.
  • LIABILITY RESTRICTIONS
      1. If the Company modifies, updates, suspends, limits or interrupts the operation of the Website, no liability shall arise in favour of the Visitor.
  • INDEMNITY
      1. The Visitor shall be liable, indemnifying and holding the Company harmless, for any action, including    reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages concerning violations of the obligations referred to in article 11 of this Section above. 
  • INTELLECTUAL PROPERTY 
      1. Except for various indications present on the Website with specific reference to certain Contents available on the Website, the Company is the sole owner of all Intellectual Property Rights on the Website and on the Contents that are available on the Website. 
      2. The provision of the Website by the Company shall not be considered as a transfer or license by the Company in favour of the Visitor of any Intellectual Property Right on the Website or on the Contents available on the Website, or as the object of any other right of use by the Visitor and/or Third Parties.
      3. All trademarks and logos reproduced on the Website belong to their rightful owners. The Company does not claim any rights to such trademarks and logos, except for its own. 
  • MISCELLANEOUS 
      1. The Company reserves the right to modify at any time any Legal Document present on the Site (including, by way of example, the General Terms and Conditions, the Privacy Policy, the Cookie Policy, etc.), as well as the Website itself and its Services and/or Contents, in order to (by way of example only) offer new Services, or to comply with new legal or regulatory provisions. Therefore, the Company invites Visitors to periodically consult the aforementioned Legal Documents and the Website, also in order to check for any updates or changes.
      2. The General Terms and Conditions regulate the relationship between the Company and the Visitor and do not create rights in favor of, nor obligations against, Third Parties.
      3. Any tolerance by the Company to the conduct of the Visitor in violation of the provisions contained in the General Terms and Conditions does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfillment of all terms and conditions provided therein.
      4. The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
      5. If any provision of the General Terms and Conditions is found by a court or other competent authority to be invalid or unenforceable, such provision shall be deemed to be deleted from the General Terms and Conditions and the remaining provisions of the General Terms and Conditions shall remain and continue to remain in full force and effect.
      6. Any limitation or exclusion of liability provided in favour of the Company in the General Terms and Conditions shall apply to the fullest extent permitted by law.
  • APPLICABLE LAW AND PLACE OF JURISDICTION 
    1. The Terms of Use are governed by Italian law with the exclusion of the relevant provisions of international private law. 
    2. Any dispute concerning the interpretation, execution, termination or validity of the Terms of Use shall be submitted to the exclusive jurisdiction of the Court of Turin. 
    3. If any provisions of this Clause is deemed inapplicable according to the mandatory rules of the Visitor's country, then the applicable law and the competent court shall be determined according to the laws of that country.
    4. Whether you are a Consumer and have usual residence in the EU, you might benefit from the application of additional protections  required by the mandatory rules of your country of residence.

 

  • GLOSSARY
  • Terms and expressions with Capital letters in this document have the following meaning, being understood that terms defined at plural are to be defined the same as singular and vice versa.
    1. Applicable Law: means any provision, of any rank, belonging to Italian or European Union law, in any way or to whatever extent applicable to the Website and the Services;
    2. Company: means eSair Handling S.r.l., fiscal code and VAT n. 09074900011, fully paid-up share capital € 50.000,00, based in General Terminal Airport Città di Torino, Strada San Maurizio n. 12, 10072 Caselle T.se (TO) Italy, registered at the Company Register of Turin, REA 1023392;
    3. Contents: means contents such as any finished flow of data or information (file or software package), containing textual, photographic, video, audio, script, graphics, programming codes, writings (including the way they are presented and formatted), and features on the Website.
    4. Connection Mode: means the interfaces (web, software or other) operating on certain configurations of certain operating systems through which the Visitor can use the Website by connecting remotely via the Internet;
    5. Cookie Policy: means the policy by the Company on the use of cookies within the Website;
    6. Data: means the information relating to the Visitor necessary to use any Services, as well as all the information transmitted by means of the device used by the Visitor to browse the Website and to carry out operations that are stored, even temporarily, on the Website;
    7. Intellectual Property Rights: means patents, utility models, designs, copyrights, trademarks or service marks, topography rights of semiconductor products, database rights, rights contained in confidential information, including know-how and trade and industrial secrets, moral rights or other similar rights in any country and, whether registered or not, any application for registration of one of the foregoing rights and all rights relating to the submission of applications for registration of one of the foregoing rights which are owned, licensed to or otherwise legitimately used by the Company.
    8. Privacy Documents: means, cumulatively, (i) the Privacy Policy; (ii) the Cookie Policy.
    9. Operator: means the provider of information society services, other than those referred to in Articles 14, 15, and 16 of Legislative Decree no. 70/2003, which, on the Internet, manages the contents of a site, and here specifically the Company.
    10. Privacy Policy: means the EU Regulation 2016/679 ("GDPR"), the Legislative Decree 196/2003 and subsequent amendments and/or additions ("Privacy Code"), as well as the measures adopted by the Supervisory Authority in execution of the tasks established by the GDPR and the Privacy Code and other applicable legislation, of any rank, including the opinions and guidelines drawn up by the Committee.
    11. Party: means, depending on the case, the Visitor, the Company, or both in plural;
    12. Privacy Policy: means the policy by the Company on the processing of personal data for the management of the Website;
    13. Services: means the Services available on the Website on the date of access to the Website by the Visitor;
    14. Website: means the web pages displayed through www.esair.it, including subdomains;
    15. Third Party: means any physical or legal person other than the Operator and the Visitor;
    16. Visitor: the natural or legal person who uses a device and browses, through the Internet, on the public pages of the Website.