CONTRACT OF SALE OF TOURIST SERVICES
These general conditions form an integral part of the online contract of sale stipulated between the website user, which will be referred to below as the “Purchaser”, and Marco Romeo and regulate its preliminary stages, its settlement and its enforcement.
Marco Romeo reserves the right to modify the General Conditions at any time and without notice. In any case, the changes will have no value on the purchase orders received and concluded before the publication of the changes on the website.
By accepting the General Conditions and sending the purchase order, the Purchaser gives consent for all communications to be sent and received by e-mail. The Purchaser will also be responsible for the correctness of the e-mail address provided and for all information entered in the purchase order.
This agreement is governed by Legislative Decree 206/2005 of Codice del Consumo (Italian Consumer Code), by Legislative Decree 79/2011 of Codice del Turismo (Italian Tourism Code) and by Legislative Decree 70/2003 concerning electronic commerce and, in any case, by the Italian legal system.
For any questions regarding the General Terms and Conditions of Sale, complaints, warranties, privacy, notice of termination, cancellation and refund, the Purchaser should contact:
Via Re Federico, 13
90141 – Palermo
phone number: +39 3385074679
CONTRACT OF SALE OF SINGLE TOURIST SERVICES
These contractual rules apply to the offer of single tourist services that cannot be considered as a tourist package.
SUBJECT OF THE CONTRACT AND SERVICES OFFERED
The “core business” of Marco Romeo is represented by free-tip based tours. Marco Romeo also provide private guided tours on payment. Specifically, Marco Romeo and his colleagues offer group-walking tours designed for tourists. The tours take place in an urban context (old town centre) including as a service only the guided walking tour.
SETTLEMENT OF THE CONTRACT
The publications of information and services through freelytours.com website do not constitute a binding offer in accordance with art. 1336 of Codice Civile (Italian Civil Code).
By sending the booking order of the chosen tourist service, the user declares to have fully accepted these General Conditions of Sale. The contract of sale of each single tour will be considered settled between the Parties when the user receives the order confirmation e-mail from the Seller containing the summary of the order made by the user.
USER ORDER AND ORDER CONFIRMATION OF TOURIST SERVICES
While filling out the form and before submitting the purchase order, user will be able to detect and correct any mistakes. If, after submitting the purchase order, the user realizes that the entered information is incorrect, he will promptly contact Marco Romeo, who will correct it as per new indications provided by the user. Once the booking order has been received, freelytour.com will send an order confirmation e-mail.
The payment of the chosen tourist services can be performed through one of the following systems:
– Credit card
– Bank transfer
No fees are charged for payments through credit card and PayPal. On its website, Marco Romeo does not use any pre-established options that the Purchaser (consumer) must refuse in order to avoid paying fees or additional costs.
Marco Romeo can add, delete or suspend one or more payment methods at any time, and in any case the payment methods that can be used from time to time are those that appear at checkout.
MEETING POINT AND WAITING POLICY
After purchasing the tourist service, Marco Romeo will communicate the “meeting point”. Marco Romeo and his tour guide colleagues will wait for any latecomers no more than ten minutes, after which the tour will begin and a second chance to reach the group will not be guaranteed. In case of delays, the user/purchaser is not entitled to get a refund or compensation.
TERMINATION AND SUBSTITUTIONS
The Purchaser (consumer) can terminate the purchase of the tourist service up to three days before the tour without penalties and without having to specify any reason. Beyond that term, the Purchaser (consumer) loses the right to terminate the purchased service and the amount paid at the time of purchase will be entirely withheld as a cancellation penalty by Marco Romeo. Tourist services purchased less than three days before their performance exclude any possibility of termination or cancellation. See also Payment and refund page.
In case of termination, Marco Romeo will refund the Purchaser (consumer) on the same means of payment and, if not possible, the consumer will be invited by Marco Romeo to provide a different means to receive the refund.
The Purchaser (professional) is not allowed to terminate the purchased service.
The Purchaser (consumer or professional) who purchases a tourist service for himself and/or for other people can replace one or more of them with others up to three days before the tour. The replacement of one or more of the participants is not allowed less than three days before the chosen gastronomic tour.
LIMITATION OF LIABILITY AND USEFUL INFORMATION
By accepting these contractual conditions, the user/Purchaser declares to relieve Marco Romeo and his colleagues of any responsibility for any accident, theft, loss of personal items, illness or death, occurring during the tour or arising after participation. Purchaser/tourists join Freelytours at their own risk.
ODR platform is an access point for users who wish to settle the litigations arised from online sale or service contracts out of court. In compliance with current legislation, Marco Romeo points out to the Purchaser that the European Commission provides a platform for online dispute resolution, accessible via the following link:
APPLICABLE LAW AND COMPETENT COURT
The parties declare they choose the law of the Italian Republic as the law applicable to the contract and to the obligations deriving from it. Thus, they will entirely refer to the Italian judicial system for anything not expressly provided for in this contract.
The civil disputes between Marco Romeo and the Purchaser (user, consumer) related to the enforcement, interpretation and execution of the online purchase and sale contracts via freelytours.com website are subject to mandatory territorial jurisdiction. The competent court is the one located in the place of domicile or residency of the Purchaser (consumer).
For civil disputes between Marco Romeo and the Purchaser (professional) related to the interpretation, enforcement or termination of this contract and the obligations or responsibilities arising from it, the Court of Palermo will be exclusively competent, and not only in derogation from the ordinary territorial jurisdiction but also with the will to exclude optional Courts for the cases related to obligation rights. The Court of Palermo cannot be changed, not even for reasons of stay or consolidation of quarrel.
Latest version of 23/03/2019