Legal terms and conditions
I. The Parties.
The parties are the "User/Client" and WORRY FREE HOLIDAYS ITALY (hereinafter referred to as W.F.H.), a sole proprietorship that owns the website platform, which acts as an intermediary between the user and a network of experts, lawyers, and legal firms.
II. Acceptance of the "W.F.Best Price Formula Before" Service - Service Coverage Content - What the Paid Fee Includes.
By subscribing to the "W.F.Best Price Formula Before," you are entitled to immediate access to our 24/7 assistance hotline. You are welcome to call us for legal assistance and advice at our number (operator charges apply) or send us an email at firstname.lastname@example.org
- 2.2 This is an agreement/subscription to access a mediation service where W.F.H. connects the user/client with a lawyer and/or expert in the field. Upon acceptance, i.e., payment of the W.F.H. Best Price "Before" formula of the general terms and/or service, a mandate contract in favor of W.F.H. is finalized to carry out all acts and activities of representation – such as filing claims, warnings, notices, filing judicial petitions, and settlements – necessary and/or appropriate to obtain proper compensation, indemnity, refunds, reimbursement of expenses, or other entitlement from third parties.
- 2.3 The fee paid for the subscription to the service is indicated on the corresponding invoice to be issued to the client/user. The contract covers only registered users/clients. The fee is paid for the provision of legal services to the user/client during their stay in Italy and covers everything mentioned on our website (see https://worryfree.travel), namely road accidents, personal injuries, disruptions, spoiled vacations, criminal actions, negligence, and medical issues. The remuneration is due regardless of service usage. Payment for the W.F.H. Best Price "Before" formula is made in advance, and the corresponding invoice is automatically sent to the user/client. A response will be provided within 6 hours of the report. In the event of a positive outcome, for civil procedures, state lawyer rates apply up to a maximum of 20% of the compensated damage, excluding taxes and state procedural fees. In the case of a negative outcome, no compensation will be due for the activity, excluding taxes and state fees. For criminal procedures, the national lawyer rate applies at a rate of 20%.
- 2.4 Following the verification of the validity and feasibility of the case, W.F.H. reserves the right to decline the mandate without any obligation or liability of W.F.H. and/or its collaborators toward the client, concerning any claim or complaint, including those related to any prescriptions or forfeitures accrued regarding the claimed right. The opinions are drafted by local lawyers in collaboration with lawyers from our office. The choice of lawyers is our exclusive responsibility (W.F.H.). The responsibility for case management falls solely on us (W.F.H.). In the event of incorrect information and/or inadequate updates and/or lack of communication and/or failure to produce necessary evidence and/or documentation, the user/client will be penalized for not providing all information, and W.F.H. will no longer be responsible for the success of the case and will also have the right to close the case.
III. Coverage Duration - Coverage Location - Termination of Coverage.
Coverage begins after proper registration with W.F.H. and only covers cases that occur after registration, not before. The coverage period is the one declared at the time of registration, starting from the time of arrival (or registration if done after arrival) until the time of departure or less if a shorter period is declared at the time of registration. The coverage period is therefore the one indicated in the purchase of the "W.F.H. Best Price 'Before'" package.
IV. Acceptance of the "W.F.H.Post Disservice After" Service. Service Coverage Content - What the Paid Fee Includes.
In case of emergency or subscribing to the "W.F.H.Post Disservice After" formula, our response time will be within the minimum response time as indicated in the urgent opinion purchase proposal. In case of a positive outcome, for civil procedures, state lawyer rates apply up to a maximum of 30% of the compensated damage, excluding taxes and state procedural fees. In case of a negative outcome, no compensation will be due for the activity, excluding taxes and state fees. For criminal procedures, the national lawyer rate applies at a rate of 10%. The responsibility for case management falls solely on us (W.F.H.). In case of incorrect information and/or inadequate updates and/or lack of communication and/or failure to produce necessary evidence and/or documentation, the user/client will be penalized for not providing all information, and W.F.H. will no longer be responsible for the success of the case and will also have the right to close the case.
V. General Clauses for Both Formulas.
In case of failure to obtain compensation, the client will not be required to pay any fee for the legal consultation and/or assistance received from W.F.H. However, any costs related to counterparty expenses that may be awarded by the judge in judicial proceedings undertaken will be borne by the client, following the principle of succumbing. The initiation of legal proceedings is in any case subject to the prior issuance, by the client, of a special power of attorney. In disputes initiated at judicial offices located outside the district of the Court of Appeals of Naples, W.F.H. may retain from the compensation obtained from the protective procedure the fee due for the post-procedure legal assistance provided by the legal domicile that assisted in the judicial process in the territorially competent court. In any case, the amount of compensation may not exceed 30% of the obtained compensation. W.F.H. services are provided in English and Italian. In the event of a need for translation and/or interpretation, the related costs are borne by the user/client.
VI. Coverage for Minors.
Minors aged between 14 and 18 must register separately to be covered. Minors under 14 are covered if at least one accompanying adult is covered. Once a case is opened, W.F.H. commits to handling it, with the user/client's authorization. The decision on how to resolve it is at our sole discretion (W.F.H.), always considering the best interests of the user/client of W.F.H. and the case's perspective and potential outcome. Furthermore, we are the sole authority to determine if a sustainable case exists and whether it pertains to a criminal or civil procedure. W.F.H. has the sole discretion to decide whether a case should be settled and the terms of the settlement.
VII. Obligations of W.F.H.
W.F.H. is obliged, as well as authorized, to mediate the user/client's assistance, designating a lawyer who will be obliged to represent the client to the necessary and appropriate extent for the proper fulfillment of the subscribed service. W.F.H. will fulfill this contract in compliance with the applicable law, protecting the client's interests and rights with loyalty, professionalism, and confidentiality, and adopting, at its discretion, any useful initiative.
VIII. Client's Obligations.
The Client is responsible for the authenticity, accuracy, and correctness of the information and documents that they are required to provide relevant to the execution of the service subscribed to with W.F.H., promptly communicating any relevant changes or updates.
- 8.2 The Client undertakes not to confer power of attorney or authorize third parties to carry out acts or activities of representation in relation to the same facts for which they requested the legal advice and assistance service of W.F.H.
- 8.3 The Client guarantees that, regarding the same facts for which they requested the legal advice and assistance service of W.F.H., the management of a complaint has not already been entrusted to third parties, a conciliation or assisted negotiation procedure has not already been initiated or is about to be initiated, or a dispute is already pending before the Judicial Authority. By granting subsequent power of attorney to the lawyer, the Client undertakes not to initiate any negotiation with the party responsible for the disservice (airline, tour operator, maritime carrier, etc.) regarding the facts subject to the assistance request and to cease any ongoing negotiation.
- 8.4 The Client also undertakes to promptly inform W.F.H. of any communication received from the party responsible for the disservice. In the event that the Client receives and/or accepts payment from the party responsible for the disservice related to the matters subject to the mandate, subsequent to negotiating activities and/or the notification of legal actions by W.F.H.'s lawyer, such payment shall be deemed to have occurred as a result of the interventions carried out in the Client's interest. The Client undertakes to sign the settlement agreement eventually prepared by the responsible company(ies) of the suffered disservice, for the purpose of paying the amounts due to W.F.H. as compensation for any activity performed in the Client's interest.
IX. What is NOT Covered and/or Included in the Paid Fee.
Cases caused by fraudulent activities of the user/client, offenses committed by the user/client, as well as serious and intentional offenses, such as serious and/or dangerous personal injuries, fraud, counterfeiting, theft, embezzlement, or similar crimes. Legal expenses, including legal fees and any other expenses that may need to be paid for the case, court costs, complaint fees, court officers for the notification of legal or extrajudicial acts, defendants' expenses for necessary transfers or imposed bail, witness travel expenses, expert fees, etc., paid in advance, and in case of refusal, the service may not be provided or may be provided without success, and W.F.H. has the right to close the case if the user/client refuses for any reason or is unable to bear the necessary expenses.
X. Applicable Law.
The applicable law for any dispute hereunder is Italian law, and the courts of Italy shall have jurisdiction.
XI. Data Protection.
Users/clients declare that the provided data is accurate and truthful and allow their registration in the business register and their use for case management by W.F.H. members, Call Center agents, and any other W.F.H. associates, particularly those collecting the paper format registration form. For the data protection policy, please refer to https://worryfreeholidays/privacy-policy/
XII. Cases We Handle.
Covered incidents: covered incidents include automobile, motorcycle, bicycle accidents, sailing boat or motor yacht accidents, even resulting in physical injuries, discomfort, and/or disservices caused by airlines, shipping companies, railways, car rentals, hotels, and anything related to vacations. Covered criminal actions: A) Criminal action against you. We will represent you in any court, authority, and police station for any criminal action against you during your stay in Italy and will take appropriate actions against the perpetrator, both criminal and potentially compensatory, before the Civil Court seeking compensation. B) A crime committed by you. We will represent you in any court, authority, and police station for any criminal action during your stay in Italy, such as if you are involved in an accident that causes injury or death due to your liability as the user/client. We also represent you in any court, authority, and police station for any minor intentional offenses you may commit during your stay in Italy, such as driving under the influence of alcohol or drugs, starting a fight, assaulting/harming someone. In all of these situations, we also manage your case from start to finish, even in your absence after your return home, with a specific power of attorney. Medical negligence: we handle any legal action to be taken against any doctor or other healthcare provider for medical negligence resulting in harm or death.
XIII. Waiver of Mandate.
The violation of any obligations set forth in these Conditions will result in W.F.H. waiving the mandate.
XIV. Competent Jurisdiction.
This contract is subject to Italian law. For any dispute concerning its interpretation or execution, the exclusive competent forum is the Court of Torre Annunziata. In disputes with the consumer Client, the competent forum will be determined according to the provisions of Article 66 bis of Legislative Decree 206/2005.