Terms and Conditions ITALY SEGWAY TOURS
1. Travel contracts and liabilities: Contracts relative to this program, albeit any other contrary clause, are regulated by law no.1084 of 27 December, 1977, ratified and made effective by the International Convention on travel contracts (CCV), signed in Brussels on 23 April, 1970, by CEE Directive 90/314 and the legislative decree no. 111 of 17 March, 1995, which governs its application, regarding tours, holidays and all-inclusive travel packages.
2. Booking: Acceptance of booking is subject, on the part of the travel Organizer, to space availability and will become effective upon confirmation by the Organizer.
3. Payment: 100% in advance.
4. Price validity: Prices are calculated on the basis of tariffs of carriers and accommodation facilities and tourist services rates, as well as currency exchange rates in effect on 31 December, 2005. They can vary only as a consequence of changes in rates of exchange, in carriers’ tariffs, including cost of fuel, and in dues and taxes for services such as landing taxes, embarkation and disembarkation taxes in ports and airports. If the increase of the inclusive price exceeds 10%, the Traveler may cancel the contract with the right to a full refund of any sum paid within 7 working days form the time of cancellation. The price established in the contract will not be subject to an increase during the 20 days that precede the expected date of departure. Prices are expressed in Euros.
5. Alterations of contractual terms: a) Before departure, the Organizer, who may need to make a major alteration to one or more elements of the contract, will immediately notify the traveler in writing, specifying the type of alteration and the consequent price variation. The Traveler must then communicate his/her choice to the Organizer within 2 days from the time he/she receives the communication of variation; in the case that the Traveler does not accept the alteration proposal, he/she can withdraw from the contract without penalty. B) After departure, if a significant proportion of the services contracted cannot be provided, the Organizer will offer adequate alternative arrangements to the scheduled trip at no extra cost to the Traveler, or will reimburse the latter the difference between the services originally offered and those provided, save compensation for possible further damage caused to the Traveler. If no alternative arrangements are possible or if the Traveler does not accept the alternative arrangements for a just cause, the Organizer will provide equivalent means of transportation for the Traveler’s return to the point of departure or to other convened location, compatibly with means and space availability, and will reimburse the difference between the cost of expected services and that of the services provided up to the time of the premature return.
6. Cancellation Policy: If you cancel at least 8 calendar days in advance of the scheduled departure time, there is no cancellation fee. If you cancel between 4 and 7 calendar days in advance of the scheduled departure time, you will be charged a 30% cancellation fee. If you cancel within 3 calendar days (72 hours) of the scheduled departure time, you will becharged a 100% cancellation fee. The payment will not be refunded for any other reason (i.e. Weather, change of travel plans, illness, missed train..)
7. Substitution: The traveler who cancels may have another person take his/her place, provided he/she gives notification at least 2 working days before departure and provided that such person satisfies the requirements regarding documents, visas, vaccinations and that no problems arise from requesting terms that are different from the original ones. In the case of a substitution, the canceling traveler and the person taking hi/her place are personally liable, to the Organizer or the Vendor, for the payment of the balance, as well as the above-mentioned supplementary expenditure. The Organizer will, free of obligation and responsibility, refund any amount he may recover from services not provided as a result of the cancellation.
8. Cancellation of the journey by the Organizer: Italy Segway Tours may at any time cancel the contract, in whole or in part, under art. 10 of Law 1084 of 27December, 1977, without indemnity save the refund of any payments received by the traveler: due to circumstances of exceptional character; if the minimum number of travelers has not been reached, provided the traveler has been informed at least 20 days before departure. If unable to provide the contracted services during the course of the journey, Italy Segway Tours will promptly act to assist the traveler. If, due to reasons of logistics or force majeure (road conditions, strikes, time-table variations, museum closings, delays or irregularities), the organization may vary the schedule, and the same will propose alternative itineraries and/or visits to other museums at no extra cost, notifying the traveler before departure.
9. Circumstances of exceptional character: Strikes, cancellations due to adverse weather conditions, war, civil or military strife, riots, natural disasters, sack, terrorist activity: these and similar others, constitute causes of force majeure and are not chargeable to the carriers or the Organizer. If due to such causes, the Organizer will not be responsible for any possible extra costs born by the traveler, and will not provide refunds for any services not used or provided.
10. Consumer’s rights: When the consumer exercises his/her right to withdraw from the Contract in the cases indicated in paragraphs 4) and 5), or the tourist package is cancelled before departure for causes chargeable to the Organizer, the consumer has the right to another package of equivalent or superior value at no extra cost or to one of inferior value with a refund of the price difference; alternatively he/she will be refunded the sum paid, within 7 working from the time of withdrawal or cancellation. Moreover, where the traveler is able to provide specific proof, he/she has the right to be compensated for further damage caused by the failure to execute the contract.
11. Organizer’s liabilities: The Organizer shall be liable for any damage caused to the traveler as a result of non-performance, in whole or in part, of the contracted services due, both if the latter were provided by himself or an intermediary service provider was used, and will pay compensation for the damage suffered by the traveler, save for his/her right to be compensated by the intermediary supplier. In this case the Organizer shall subrogate any rights and actions the traveler may have against a third party responsible for such damage. The Organizer’s liability for any damage caused to the traveler as a result of a total or partial failure to fulfill the obligations in accordance with the present contract, is governed by the international laws and conventions quoted in paragraph 1). Therefore under no circumstances will the Organizer’s liability towards the traveler exceed the limits set by the above mentioned laws and conventions in relation to the damage reported; moreover the Organizer is relieved of any responsibility where the non-performance reported by the travelers is due to causes attributable to the traveler himself/herself or to a third party unrelated to the provision of the contracted services, or is due to an accidental or to a force majeure or to an independent initiative undertaken by the traveler during the course of the journey. Italy Segway Tours will in any case do whatever is in its power to assist the traveler who finds himself/herself in any trouble.
12. Liabilities of carriers and service providers: The carriers are liable toward the travelers relative to the duration of transport by their vehicles in compliance with their transportation terms. The programs are provided under the sole responsibility of the Organizer. They are not therefore provided on behalf of the carriers and service providers whose services are utilized during the journey.
13. Regulations for the conformity of the accommodation facilities: The accommodation facilities proposed are duly authorized to carry out their services according to the current laws of their country.
14. Travelers’ obligations: The journey participants must be in possession of a personal passport or other document valid in the countries included in the itinerary, in addition to the necessary visas and vaccinations. They must also follow the rules of normal caution and diligence, to all information provided by the Organizer as well as to the administrative and legislative norms and dispositions in force in the visited countries. The participants will be liable for any damage the Organizer may suffer due to their non-compliance to what has been indicated above.
15. Refunds for non-provided services and for complaints: Any failure in the execution of the contract must be contested at the moment it occurs (or in any case without delay, by telephone or other appropriate means) so that the Organizer, his/her local representative or the guide may redress them promptly. Requests for possible refunds relative to non-provided services or complaints of any other nature will be forwarded exclusively by registered letter to Italy Segway Tours, within 10 days of the conclusion of the journey, or lose the possibility of compensation. No refund will be granted for services paid but not used or expected due to causes that are attributable to the participant.
16. Mandatory communications according to art.16 of Law. No. 269 of 30/08/98: The law punishes with imprisonment any crimes related to prostitution and/or child pornography even if these are committed abroad.
17. Guarantee fund: A guarantee fund has been established by the decree of the Ministry of Industry no. 349 of 23 July, 1999, to whom the consumer can appeal according to art. 21 of the legislative Decree 111/95 in the case of bankruptcy insolvency by the vendor or by the organization for the protection of the following requirements: 1) refund of the sum paid; 2) repatriation from a journey abroad. The fund shall also provide available funds in the event of a forced return of tourists from non-European Union States, whether or not due to the Organizer’s action(s). The ways the fund is used are established by the Decree of the Cabinet President according to art. 21 no. 5 Legislative Decree No. 111/95.
18. Competent Court: Any possible controversy will be addressed by the Court of Florence.
19. Insurance: Italy Segway Tours is insured for its liability according to the Law by Assicurazione Mondial Assistance Italia S.P.A., civil liability insurance policy no. 172738 (maximum € 1,549,370.00 per accident) for coverage of possible risks to the people participating in the program offered, as well as to comply with Law 1084 of 27 December, 1987, with Directive 90/314/CEE and with legislative Decree 111/95.
20. Alteration expenses: Alterations by the traveler to an already confirmed booking imply administrative expenses to the Organizer and sometimes penalty charges by the service providers. In the case of alterations the Organizer will apply a fixed charge of € 60.00. For alterations of major degree, the Organizer will apply the relative charges, the details of which will be provided to the traveler.
21. Validity of this offer: from 1 September, 2005 to 31 March, 2006
22. Technical organization: Italy Segway Tours – Via dei Cimatori 9R, Florence – Authorization issued by the Province of Florence on 23 March, 2005