Terms and conditions
Your booking is subject to our terms and conditions.
Minimum number of reservations
Each tour and experience on the site will take place on condition that a minimum number of bookings is respected. The minimum number is at the discretion of the management, which undertakes to notify guests of any cancellation of the tour if it is not reached.
Cancellation Fee and Refunds
In general, the cancellation fee from 32 days to the day of the service is 0% of the total. Once the service has started, participants automatically lose the right to a refund of the participation fee. Payment of the cancellation fee will be made by bank transfer or credit card
For all MI GIFTs (including EXCLUSIVE ones) and products relating to the Opera, with the exception of MI GIFT: Private Chef, the following cancellation fees apply: From 32 days to 20 days from the day of the service: 0% of the total; From 19 days to the day of the service: 100% of the total. It is also understood that once the service has started, participants automatically lose the right to a refund of the participation fee. Payment of the cancellation fee will be made by bank transfer or credit card.
Cancellation conditions for the MI GIFT: Private Chef service
If the Customer requests the cancellation of the purchased service with prior notice:
-
equal to or less than 14 days, but in any case more than 7 days from the start date of the service, nothing will be withheld or charged by CHEF @ HOME.
-
Equal to or less than 7 days, but in any case longer than 48 hours, the Company CHEF @ HOME srl undertakes to ask the Customer for an indemnity on the total amount due equal to:
-
[20%] + 10.00 euros
-
In case of notice equal to or less than 48 hours, the CHEF @ HOME srl company undertakes to ask the Customer for the full amount of the reservation.
Warranty
The service will be confirmed upon receipt of the deposit or full payment, by credit card, in cash, by bank transfer or any other means of payment indicated on the site.
Amendments, Cancellations and Changes within 72 Hours
In the context of activities for which MI EXPERIENCE acts solely as a technical and organizational intermediary, and not as the direct provider of the service, any amendments, cancellations, or withdrawals communicated within seventy-two (72) hours prior to the scheduled time of execution of the activity shall be deemed late and shall not release any party from their contractual obligations.
This provision applies irrespective of the party initiating the change, cancellation, or withdrawal, whether the end client, the commissioning agency, the service provider, any collaborator, or MI EXPERIENCE itself, and regardless of the stated or actual causes.
In case of any amendment, cancellation, or withdrawal communicated within the 72 hours preceding the scheduled activity:
-
The activity shall be deemed fully due;
-
MI EXPERIENCE is entitled to demand full payment of the agreed fee, even if the service is not performed;
-
MI EXPERIENCE reserves the right to suspend, reduce or cancel payment to the service provider, without this constituting liability, obligation to compensate, or penalty, unless otherwise agreed in writing;
-
None of the parties involved may assert financial, compensatory, or indemnity claims against MI EXPERIENCE as a result of such cancellation, even when arising from disputes among clients, agencies, suppliers, or other parties.
MI EXPERIENCE also reserves the right to modify or cancel the activity within 72 hours prior, if operational, organizational, safety-related, force majeure, or third-party-related circumstances make it impossible or inappropriate to proceed with the activity. Such cancellation shall not entail any liability or obligation to compensate or indemnify, without prejudice to MI EXPERIENCE’s right to take legal action against the party causing the disruption or damage.
This clause does not affect any stricter cancellation policies explicitly imposed by third-party entities—such as museums, theatres, cultural sites, or venues—which shall remain applicable. MI EXPERIENCE shall not be held liable for failing to communicate such terms if they are publicly accessible or reflect sector practice.
Unilateral clauses imposed by freelance providers (e.g., tour guides, escorts, interpreters) shall not be binding upon MI EXPERIENCE unless expressly accepted in writing in advance. Such providers fully accept the cancellation terms as outlined in these General Conditions.
Any discretionary decision by MI EXPERIENCE—including, but not limited to, total or partial exemption from payment granted to clients or partial/full compensation paid to suppliers—shall not be deemed an admission of liability, recognition of fault, binding precedent, or establishment of a commercial practice applicable to future cases.
Under no circumstances shall MI EXPERIENCE be liable to reimburse or pay any amount exceeding the originally agreed fee, nor shall it be obliged to pay compensation, damages, penalties, or any other form of indemnification, even in the event of cancellation, modification, or malfunction caused by third parties.
Exclusion of Contractual and Extra-Contractual Liability for Third-Party Activities
MI EXPERIENCE acts solely as a technical and organizational intermediary and does not assume the role of organizer, direct provider, seller, or guarantor of coordinated services.
MI EXPERIENCE does not directly provide any tourism, cultural, logistics, guiding, transportation, catering, or hospitality services, nor can it be held responsible for the quality, actual execution, conduct, punctuality, or availability of services provided by third parties.
All entities involved in the service chain (guides, drivers, suppliers, intermediary agencies, end clients, host venues, transportation providers, etc.) operate independently and under their sole civil, contractual, and professional responsibility.
MI EXPERIENCE assumes no direct, indirect, joint, or contributory liability for any event, error, omission, malfunction, behavior, or conduct attributable to third parties, including but not limited to:
-
organizational errors, missing bookings, incorrect schedules, or incomplete communications among agencies, clients, or providers;
-
delays, cancellations, no-shows, or abandonment of the service by guides, drivers, suppliers, or clients;
-
misunderstandings, interruptions, modifications, unforeseen closures, or external events that hinder full service execution (e.g., bad weather, strikes, public disturbances, overbooking, technical problems);
-
misconduct, aggression, negligence, or uncooperative behavior by clients, agencies, or suppliers;
-
complaints, refund requests, claims, financial or moral damages resulting, even indirectly, from mediated services or relationships among third parties.
MI EXPERIENCE does not guarantee outcomes nor is responsible for discrepancies between what is proposed and what is ultimately delivered by third parties.
MI EXPERIENCE cannot be held liable for the terms, conditions, or cancellation policies independently applied by third-party entities (e.g., museums, theatres, cultural venues), even if such conditions were not communicated to the client, where they are publicly available or conform to industry norms.
MI EXPERIENCE is also excluded from liability regarding selection, coordination, information transmission, or oversight of third parties, except in cases of proven intentional misconduct established in court.
The parties expressly acknowledge that:
-
MI EXPERIENCE shall not be involved in any dispute between clients, agencies, suppliers, or other external entities;
-
Any claims for refunds, damages, compensation, or legal action must be directed exclusively to the party responsible for the service;
-
MI EXPERIENCE reserves the right to suspend or cease coordination activities in the event of disputes, without any admission of liability.
If MI EXPERIENCE is ever found liable by final judicial decision, its liability shall be limited to documented direct damages, and never exceed CHF 100 per service concerned.
Exclusion of Pre-Contractual Liability
MI EXPERIENCE assumes no pre-contractual liability for potentially inaccurate, incomplete, or outdated information received from third parties and transmitted within the scope of coordination and intermediation. All data relating to schedules, access, service modalities, conditions, and costs are indicative only, without warranty of accuracy, unless otherwise verified in writing. Any claim based on pre-contractual liability (culpa in contrahendo) is excluded under Swiss law.
Exclusion of Liability Toward Providers
Unless otherwise expressly agreed in writing, MI EXPERIENCE acts solely as a technical and organizational intermediary and does not assume the role of direct provider, organizer, or guarantor of coordinated services. Accordingly, it does not directly provide tourism, cultural, logistical, guiding, transportation, catering, or hospitality services and cannot be held liable for the quality, execution, punctuality, availability, or accuracy of services entrusted to third parties.
All providers, external collaborators, and service providers (including, but not limited to, tour guides, drivers, chauffeurs, boat operators, hospitality operators, restaurateurs, performers) operate with full professional autonomy under their sole civil, contractual, and professional responsibility. The relationship with MI EXPERIENCE is technical and logistical, limited to relaying information received from clients, agencies, or other involved parties and, where agreed, managing payments on behalf of the parties, without assuming responsibility or guarantee for service execution.
The provider’s fee is fixed upon acceptance and may not be altered, supplemented, or claimed beyond the agreed terms unless otherwise agreed in writing. Providers expressly and irrevocably waive any additional economic claims, even in cases of:
-
modifications or disorganization caused by clients;
-
customer dissatisfaction or complaints;
-
misunderstandings among agencies, clients, or other parties;
-
negative reviews, disruptions, or operational issues not directly and demonstrably attributable to MI EXPERIENCE.
This waiver also applies to external events or unforeseen circumstances inherent to field activity, including—without limitation—adverse weather, limited access to sites for religious or institutional reasons, problematic client behavior, unforeseen delays, or any logistical difficulty not caused by MI EXPERIENCE’s willful misconduct or gross negligence as determined by a competent authority.
In case of activity changes, cancellations, or withdrawal by the client or agency within 72 hours of service execution, MI EXPERIENCE reserves the right to suspend, reduce, or cancel the provider's payment, without liability or compensation obligation, unless otherwise agreed in writing.
MI EXPERIENCE does not assume any duty to represent, defend, mediate, or protect the provider’s reputation before clients, agencies, or third parties. Any communication or complaint must be handled directly by the provider with the requesting party, without involving MI EXPERIENCE.
In case the provider cancels within 72 hours of the scheduled time, MI EXPERIENCE reserves the right to withhold, reduce, or cancel the agreed fee, even if the final client raises no formal complaint. MI EXPERIENCE may also seek damages or penalties, where applicable.
Any payment made by MI EXPERIENCE—whether as deposit, balance, refund, discretionary payment, or other—has purely administrative value and does not imply recognition of service quality or performance, liability, precedent, or limitation on MI EXPERIENCE’s right to challenge the service, terminate future collaborations, or deny similar requests.
MI EXPERIENCE reserves the right to terminate the provider relationship at any time without notice in cases of:
-
conduct inconsistent with expected standards;
-
reputational harm (even potential);
-
any behavior or circumstance which, at its sole discretion, compromises MI EXPERIENCE’s image or effectiveness.
Providers expressly and irrevocably waive the right to claim rights based on past behavior, tolerances, implied practices, or precedent. Any payment by MI EXPERIENCE for disputed or unperformed services shall not constitute waiver of rights or admission of liability. MI EXPERIENCE’s collection of funds on behalf of providers or agencies is done for operational support only, without fiduciary obligation or mandate responsibility. Providers shall fully indemnify MI EXPERIENCE for any claim arising from non-payment, delay, or insolvency by the client or agency.
Protection of the Intermediary
MI EXPERIENCE, as a technical and organizational intermediary, reserves the right to take any appropriate judicial or extrajudicial action to protect its image, reputation, operations, clientele, economic interests, and commercial position, in all cases of direct or indirect harm caused by acts, omissions, statements, publications, negligence, or initiatives of any parties involved.
This includes, but is not limited to:
-
dissemination of defamatory, false, or damaging content referring to MI EXPERIENCE or its managed activities;
-
unjustified involvement of MI EXPERIENCE in disputes, claims, or proceedings between third parties in which it is not a party under these terms;
-
circumvention of intermediation through direct or renewed contact between parties introduced via MI EXPERIENCE, without written consent—even in cases of prior professional relations—if the new interaction results from MI EXPERIENCE’s structures, contacts, or pricing;
-
any conduct, active or passive, likely to harm MI EXPERIENCE operationally, commercially, or reputationally.
MI EXPERIENCE may seek:
-
full compensation for all financial and non-financial damages, including actual loss, lost profits, extraordinary costs, legal fees, and lost opportunities;
-
immediate cessation of the harmful conduct;
-
unilateral and immediate termination of any ongoing contract or collaboration with the responsible party.
Any attempt to bypass MI EXPERIENCE’s role through direct contact between introduced parties without written authorization shall result in a contractual penalty equal to 70% of the economic value of the activity carried out or planned. This penalty applies even if parties had past relationships, when reactivation occurred via MI EXPERIENCE structures, contacts, or information.
Payment of the penalty does not limit MI EXPERIENCE’s right to pursue further damages. This clause is preventive and deterrent, and applies regardless of intent or good faith. Tolerance, silence, or omission shall not imply waiver or modification.
Any conciliatory conduct, tolerance, or payment by MI EXPERIENCE—voluntary or otherwise—shall not be deemed as liability, acquiescence, or binding precedent.
This clause applies even if disruption, change, or cancellation results from third-party misconduct or disputes. MI EXPERIENCE shall remain uninvolved and reserves full right of recourse.
Intellectual Property and Image Rights
Unless otherwise agreed in writing, all content (photos, texts, images, logos, videos, audio, graphics, etc.) submitted to MI EXPERIENCE by clients, agencies, or providers is granted free of charge for internal and promotional use, including digital and social media channels. The sender guarantees they hold rights and indemnifies MI EXPERIENCE from third-party claims.
Use of recognizable personal images is subject to explicit consent by the depicted persons or their legal representatives, which must be secured by the provider or sender.
MI EXPERIENCE may occasionally use publicly accessible images, including those from websites or social media, when no copyright notice is evident. Such content is never used for direct commercial purposes without rights or authorization.
MI EXPERIENCE acts in good faith in accordance with accepted sector practices and shall not be held contractually or extra-contractually liable for unintentional use of protected images. Upon notification, content will be removed promptly without implying liability or compensation.
Data Protection and Privacy
MI EXPERIENCE processes personal data in accordance with applicable legislation (Swiss Federal Data Protection Act – FADP and EU Regulation 2016/679 – GDPR, where applicable). Data is used solely for operational purposes and not shared with third parties except where strictly necessary for service execution. Data submission implies acceptance of this policy.
Jurisdiction
All products, services, activities, and legal relationships with MI EXPERIENCE are governed exclusively by Swiss law. Any dispute, claim, or legal action related to MI EXPERIENCE, its services, content, or third-party relationships shall be subject exclusively to Swiss jurisdiction, with the sole competent forum being the courts of Lugano, Switzerland.
All other jurisdictions are expressly excluded.
This clause is deemed tacitly accepted by all parties unless expressly agreed otherwise in writing prior to the dispute.
Implicit Acceptance and General Validity
These terms become effective upon any form of interaction or operational engagement with MI EXPERIENCE, including but not limited to:
-
informal requests for service coordination;
-
written confirmations (emails, forms, messages);
-
acceptance or partial payment for a service or experience;
-
participation in, commencement, or use of a service;
-
service execution by a provider on direct or indirect request by MI EXPERIENCE.
Acceptance of these Terms and Conditions is considered implicit, automatic, and legally binding, even in the absence of signature, for all parties involved, including end clients, agencies, tour operators, providers, collaborators, and third parties.
These conditions—including liability limitations, disclaimers, cancellation policies, and jurisdiction clause—apply in all cases, unless a written agreement to the contrary is signed before the onset of a dispute.
Last Update: 07 December 2021
