TERMS & CONDITIONS
- These TERMS AND CONDITIONS govern the mutual rights and obligations between the Customer and the Provider arising from the Agreement in connection with the Customer’s use of the Website and the Services. These TERMS AND CONDITIONS are an integral part of the Agreement.
- These TERMS AND CONDITIONS regulate the mutual rights and obligations between the Customer and the Provider in connection with the Tours only when the Provider acts as a Guide himself. In other cases, when a Guide other than the Organiser carries out a Tour, all rules and obligations concerning the Tour are governed by an agreement between the Customer and the Guide. In such a case, these TERMS AND CONDITIONS shall apply only as set out in point 1.
- If you do not know with whom to discuss any problems concerning the Tours, please do not hesitate to contact us at firstname.lastname@example.org. The same applies in the event of any malfunctioning of the Site or problems with the Services that you wish to resolve, or for problems relating to the Tours (if the Tour has been provided by the Provider itself as a Guide).
- These TERMS AND CONDITIONS are drafted in English and are governed by Italian law. Any disputes between the Parties shall be settled by the court of competent jurisdiction and venue at the Provider’s registered office.
- If any provision of the TERMS AND CONDITIONS is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
Purpose and use of the Website
- We operate the Website through which you can
- book a place or places on a Free Tour;
- book a Private Tour.
- By reserving a place on a Free Tour or booking a Private Tour, the Customer and the Supplier establish a Contract.
- The Website may not always be accessible due to scheduled maintenance and updates.
Booking and participating in a Free Tour
- You are required to enter your real name, surname, contact details and any other required data in the booking form. You undertake to inform the other persons who will participate in the Free Tour together with you of the necessary rights and obligations arising from these TERMS AND CONDITIONS.
- After creating the booking, you will receive a confirmation to the e-mail address you provided during the booking process. This booking includes a summary of the information provided and information about the Free Tour (meeting point, duration, etc.). Please be prepared to show this reservation to the Guide at the beginning of the Free Tour (printed or electronic).
- Booking is compulsory to participate in our Free Tours, as the capacity of each Tour is limited to ensure the best possible experience. It is not possible to participate in a Free Tour when the information on our Website says “all booked”.
- Please note that the Guide may change the Free Tour, particularly the meeting point, duration or route. The Free Tour is provided by the Guide and may be unique for each Guide. The description of the Free Tour on the Website is therefore informational only.
- We may change the Free Tour, in particular the meeting point, duration or route. We may also cancel it. We will only do so in the event of unforeseen circumstances and will notify you in advance by e-mail or telephone.
- You can book a maximum of 10 places for a single Free Tour without paying. If you wish to book more places, you should consider booking a Private Tour and contact us at email@example.com. It is not permitted to circumvent this condition and create separate bookings for more than 10 people (e.g. 5+6, 7+4, 8+3), as the Free Tour is aimed at individuals or small groups of people and such bookings would hinder the experience of other Customers.
- If you do not wish to participate in the Free Tour for which you have booked, please notify us immediately, as we may still make the Free Tour available to other Customers. If you repeatedly book a Free Tour in which you do not participate, we reserve the right to refuse to provide you with our Services.
- According to the Agreement, you are not obliged to pay any fee for the Free Tour. However, if you were satisfied with the Guide and the Free Tour was useful for you, we kindly ask you to consider making a contribution to the Guide.
- You agree and understand that Free Tours are provided in the languages indicated on the Website or agreed with us or the Guide during the Free Tour. These languages include English and Italian.
- By participating in the Free Tour, you agree to a basic code of conduct during the Free Tour. In particular, you agree to behave politely towards the Guide and other Customers and to follow the Guide’s instructions to ensure that everyone has an enjoyable Free Tour.
- We are not responsible for any injury or damage to your personal belongings sustained during the Free Tour. The Customer agrees to take all necessary precautions to limit the risk of injury or damage, in particular to have valid travel insurance to cover such risks.
- We are not responsible and do not offer refunds for payments made directly to the Guide or to third parties (e.g. to restaurants or other venues recommended by the Guide during the Free Tour).
- If you book a Free Tour through Freetour.com, GuruWalk or other Services, please note that you must also follow their terms and conditions. We are not responsible for these Services and any damages you may suffer by using them.
Booking and participation in a Private Tour
- We also offer the possibility of booking Private Tours. Since the latter are somewhat similar to the Free Tours, the rights and obligations of the Free Tours mentioned above shall apply accordingly to the Private Tours, unless otherwise stated in this part of the TERMS AND CONDITIONS.
- You may request a Private Tour by contacting us via the contact details on our Website.
- We will endeavour to confirm the booking within 24 hours. The confirmation will include a summary of the information provided by the Customer and information about the Private Tour (meeting point, duration, etc.). Please be prepared to show this booking to the Guide at the beginning of the Private Tour (printed or electronic).
- Should you wish to change your Private Tour booking, we will do our best to accommodate such changes. However, we cannot guarantee that we will be able to do so.
- We reserve the right not to confirm your booking or to cancel it. We will only attempt to do so in the event of unforeseen circumstances (e.g. bad weather, no Guides available) and will inform you in advance by e-mail or telephone.
- Please note that the Guide may change the Private Tour, in particular the meeting point, duration or route. The Private Tour is provided by the Guide itself and may be unique for each Guide. The description of the Private Tour on the Website is therefore only indicative. However, if you have specific requirements regarding the Private Tour (meeting point, route, duration), we will do our best to meet them.
- We also reserve the right to change the Private Tour, in particular the meeting point, duration or route. We will endeavour to do so only in the event of unforeseen circumstances and will inform you in advance by e-mail or telephone. If we change the Private Tour, you are free to cancel the Tour.
- You agree and take into account that Private Tours are provided in the languages indicated on the Website or agreed with us or the Guide during the Private Tour. These languages include English, Italian and sometimes German. However, you are free to contact us at firstname.lastname@example.org if you have any language preference and we will try to find a way to provide you with a Private Tour in the requested language.
- If you have had any problems with the Private Tour or the Guide, please do not hesitate to inform the Guide directly or notify us at email@example.com. If you have any serious complaints about the Private Tour, please let us know. However, please note that the Private Tour is provided by the Guide to whom you generally pay the Fee (exceptions may apply) and that any problems and complaints relating to the Private Tour should be addressed to the Guide, preferably during or immediately after the Tour.
- We or the Guide are not responsible for any injury or damage to your personal belongings incurred during the course of the Private Tour. You undertake to take all necessary precautions to limit the risk of injury or damage, in particular to have valid travel insurance to cover such risks.
- If you book a Private Tour through other Services, please note that you must also follow their terms and conditions. We are not responsible for these Services and any damages you may incur by using them.
Payment of participation rate and refunds
- The Participation Fee for Private Tours may be paid by the following payment methods offered by the Supplier
- by bank transfer made in accordance with the bank details that will be communicated in the Private Tour booking confirmation;
- in cash or by card (if this option is available) at the beginning of the Private Tour;
- Please note that the Participation Fee will generally be paid directly to the Guide in cash or by card at the beginning of the Private Tour. Please bear in mind that payment by card may not be available at the start of the Private Tour and always carry the necessary cash to pay for the Service (unless otherwise instructed). If your payment differs in any way from this section of the TERMS AND CONDITIONS, we will inform you in advance.
- An invoice will be issued for each payment after payment of the Private Tour Participation Fee. This invoice will comply with the requirements of tax and accounting regulations. The invoice will be sent to the Customer by e-mail or delivered directly by the Guide who conducted the Private Tour.
- If the Booking Fee is paid directly to us by bank transfer, it is considered paid when the amount is fully credited to the Supplier’s bank account.
- You are free to cancel your Private Tour booking and if you have paid in advance by bank transfer, you will receive a full refund of the Fee, excluding any bank fees required to re-credit the amount to be refunded (fees vary by country).
- No refunds will be given after the completion of a Private Tour. No refunds will be given for any Donations received at the end of the Free Tour.
Duration and Termination of the Agreement
- The Agreement is entered into for a fixed period of time and ends on the date and at the time when the Free Tour or Private Tour in which you participated ends. Even if the Agreement terminates, you are still free to report your problems and complaints as set out in these TERMS AND CONDITIONS.
- The Agreement may be terminated by the Customer or the Organiser.
- The Customer may terminate the Contract with immediate effect; however, the Participation Fee paid in advance is only refundable in accordance with Art. 5. of “Payment of participation rate and refunds”. No refunds are foreseen in the other cases referred to in the aforementioned section and pursuant to Art. 9 of “Your rights as a Consumer”.
The refund will be transferred to the Customer’s bank account used for payment of the Private Tour within 15 working days from the date of termination. Although we endeavour to process refunds as promptly as possible, please allow sufficient time for refunds to be processed, which may depend on various factors such as the bank account Provider and geographical location.
- The Supplier may terminate the Contract with immediate effect in the event of:
- breach by the Customer of any term of the TERMS AND CONDITIONS; or
- the provision of inaccurate, outdated, incomplete, incorrect, misleading or fraudulent information by the Customer.
- Liability clauses (and other clauses which by their nature survive termination) shall survive termination.
Licence for Photographs and Website
- By participating in a Tour, the Customer agrees that the Guide or third parties may take photographs or audio-visual recordings. You grant us an exclusive, royalty-free, worldwide right and licence to use such photographs and audio visual recordings that include your image for the purpose of presenting us and our Services. We may reproduce, modify, communicate and make them available to the public in any manner.
- The intellectual property rights associated with the Website and its content are the exclusive property of the Provider or its affiliates or third parties. The Website is protected by copyright. The Customer may not copy, reproduce, modify, rent, lend, sell, create derivative works from, upload, transmit or distribute the intellectual rights of the Website in any way without the written permission of the Supplier.
Indemnification and Liability
- The Supplier shall not be liable for any liability, costs, expenses, damages or losses suffered or incurred by Customers during a Tour (whether caused by a Guide or a third party) or in connection with a Tour or the Services or the failure to perform the Services. However, nothing in these TERMS AND CONDITIONS shall exclude the legal liability of the Supplier for death or personal injury or for any loss suffered as a result of wilful misconduct or gross negligence on the part of the Supplier where such matters have arisen in connection with the provision of the Services or the provision of a Tour by the Supplier acting as a Guide.
- The Website may contain hyperlinks to other Websites operated by third parties (such as our partners mentioned in the “Partners” section). Such hyperlinks are intended solely for your reference and we are in no way responsible for their content or Services, nor do we imply any endorsement or non-endorsement of the content of such Websites or associated operators.
Your rights as a Consumer
- This part of the TERMS AND CONDITIONS only applies to you as a Consumer (someone who books our Services as an individual, not as a business). If you are a company or other business, these rules do not apply to you.
- As a Consumer, you have the right to withdraw from the Contract.
- Although you are entitled to withdraw from the Contract as set out above, you may not withdraw after the Services and Private Tour or Free Tour have already been provided to you in full. By booking any Services provided by the Supplier, you expressly accept this Agreement. This provision does not mean that you may not cancel your Private Tour booking in accordance with these TERMS AND CONDITIONS.
- If you have any problems with the Free Tour, the Private Tour or the Guide, please do not hesitate to inform the Guide directly or notify us at firstname.lastname@example.org. We will deal with the problem as outlined in the following paragraphs.
- As the Tours are provided by the Guide itself, it is the Guide who is responsible for any problems and damages related to the Tour. However, you may contact us and we will provide you with the Guide’s contact information.
- The following clauses apply only if you believe that the Services provided by us were defective or in connection with a Tour during which we acted as Guide.
- As the Free Tour is free of charge, we do not offer discounts, refunds or other compensation for defects in the Free Tour or the Services provided in connection with the Free Tour. However, we are always happy to listen to your opinions and concerns. If you were not satisfied with the Free Tour or if it is cancelled, you are more than welcome to book another Free Tour at a later date.
- If you feel that our Services have been provided to you with defects (e.g. if they do not correspond in scope or quality to the agreed terms), you may lodge a complaint in full compliance with the law (in particular the Civil Code).
What can you ask us in a claim?
- If you believe that our Services have been provided with serious defects, such as failure to provide a Service for which you have paid in advance, you may ask us to cancel the Contract and obtain a full refund of such payments.
- Please note that the ground for a complaint cannot be that the Services provided did not meet your subjective expectations.
Until when is it possible to lodge a complaint?
- You must file a complaint about the defect as soon as you become aware of it. When you file a complaint, you will receive a complaint report.
Where can a complaint be filed?
- Please submit a complaint in the following ways: (1) by e-mail to email@example.com or (2) by letter to Francesca Massalongo, Via B. Croce, 3, 37060 Castel D’Azzano VR.
- Please enclose your contact details with the complaint, describe the reason for the complaint, how you wish to resolve it and the fact that we provided you with the Private Tour/Free Tour.
How is the complaint handled?
- We will decide on a complaint immediately or, in more complex cases, within 7 days. We will deal with a complaint as soon as possible, but no later than 30 days after its submission, unless we agree in writing with you that it will take longer. If we do not comply with the 30-day deadline for handling a complaint, you have the right to cancel the Contract. In the event of a legitimate complaint, you are entitled to a refund of the costs incurred, which you must claim from us. Once the claim has been settled, we will send you a confirmation of the settlement of the claim.
- A failure to perform is not an impediment caused by force majeure, i.e. by circumstances whose occurrence, course or consequence is beyond our control, action or procedure. In relation to our Services and Tours, such circumstances may include particularly adverse weather conditions, pandemics and related restrictions or other matters beyond our control. In the event of an impediment caused by force majeure your claim will not be upheld.
Other rights and obligations
- We may offer you the opportunity to review the Guide or our Services after the Tour has taken place in relation to your experience and opinion.
- The Provider processes certain personal data about you; further information on how the Provider processes this personal data is available here.
- We reserve the right to change or update these TERMS AND CONDITIONS, and the content and materials on our Website, at our sole discretion, without notice and without liability. Such changes will not affect the TERMS AND CONDITIONS previously accepted at the time of booking prior to the implementation of such changes.
- We are authorised to conduct our business on the basis of a commercial licence for Tour Guide activities in the tourism sector and commercial control is carried out within the scope of our competence by the competent authority for the granting of commercial licences.
- In the event a dispute arises between us and you as a Consumer under the Contract that cannot be resolved by mutual agreement, you may submit a proposal for out-of-court settlement of such dispute to a designated Consumer dispute resolution body.
Contact Details of the Provider:
Via B. Croce, 3, 37060 Castel D’Azzano VR.
Tel: +39 345 1880849