General Terms and Conditions

Transcription

1 General Terms and Conditions I. 1 Roma Sconosciuta is a non-profit cultural association; it aims to promote the knowledge, the valorisation and preservation of the artistic, cultural, historical and architectonical heritage of Council of Rome. I.2 The Association avails itself of the support and consultancy services of authorised Touristic Guides charged with the coordination of the guided tours. I.3 We define Participants as members of the public taking part to one or more guided tours with non professional purposes. By booking a guided Tour, Participants become Temporary Members of the Association, as per Roma Sconosciuta Association Charter, and remain as such for the entire duration of the guided tour. I.4 By purchasing, and or participating to, the guided tours organised by the Association Roma Sconosciuta, Participants confirms to have read, understood and accepted the General Terms and Conditions of Contract ( General Terms and Conditions ) that regulate the relations between Participants and the Association. I.5 The contract can exclusively be formed via the website through an online sales system and a payment system based on the online channel PayPal. The contract is formed between the Association, with registered office in Rome, and the Participant, purchasing the tour online for non professional, commercial or entrepreneurial purposes (as per article 3 of Codice del Consumo D. Lgs 206/2005) I.6 The purchase is considered completed upon receipt of the Association s confirmation and proof of payment ( Confirmation ), specifying details of the service purchased and payment details. A link to the General Terms and Conditions is contained in the Purchase Confirmation sent by the Association. I.7 The Association reserves the right to modify and or integrate at any time the General Terms and Conditions. New Terms and Conditions will be effective upon being posted on our website, and will be exclusively applied to new sales. Bookings already placed will be regulated by the version of Terms and Conditions referred to in the above mentioned Purchase Confirmation . I.8 Available tours can be found online on the dedicate webpage of the Association s Site. Participants can chose and book the tour best suited to their needs and pay for themselves or for other people whose names will be supplied to the Association. Following the booking, the Participants will receive two messages: a confirmation of payment authorisation from PayPal, and a confirmation of the service booking registration and received payment from the Association. II. Prices Tours prices are indicated in the dedicate webpages and, unless explicitly declared otherwise, are to be considered as all inclusive.

2 III. Methods of Payment Participants are requested to follow the payment procedure indicated on the website. The payment is processed through the online payment gateway PayPal, one of the world s most widely used acquirer for the purchase of goods and services with e-money also because of its security policies. Once the booking is placed, Participants are directed to the PayPal webpage. The amount due is billed to the PayPal account or to the payment tool selected at the end of the payment procedure. Participants will receive a payment confirmation from PayPal and, subsequently, a confirmation from the Association to the address provided by the Participants; to this purpose, Participants hereby authorise the Association to contact them via . The contract is considered formed upon receipt of a confirmation from the Association. The automatic sent by PayPal is therefore not sufficient to guarantee the correct receipt of the order from the Association. The confirmation from the Association will indicate the date and time of the walk, a code ( Subject ) to be used for all future communications, the details provided at the time of ordering by the Participants and, in attachment, a purchase receipt. Participants are responsible for verifying the accuracy of the information received and to promptly contact eventual corrections and or modifications via to the contacts in Part X (Complaints and Other Communications) The payment currency is Euro. The Association doesn t respond of any transmission and communication error from their Website hosted on Register.it (named serviced Hosting Linux ) related to the technological infrastructure, or to the payment channel PayPal. In case of non-receipt of the from the Association, the service is to be considered as not purchased; Participants are kindly invited to contact the Association. During the booking and payment procedure, Participants are required to explicitly accept PayPal s terms and conditions and privacy policy (please see / These are independent from the Association s terms and conditions and integrate the present terms of contract with regards to payment. In case of cancellation, the total or partial amount paid for the booking will be reimbursed, where provided for (ref. Part IV and Part. V), on the PayPal account used for the purchase. Cancellation of the booking is possible until the payment will be Confirmed ; after that, any possible reimbursement will be managed according to the modalities specified in Part V Once logged in their PayPal account, Participants can verify the status of their order via their personal area, clicking on Manage Account and Orders. Should a transaction be cancelled, the Association will not be held responsible for any loss, direct and indirect, derived from PayPal delays or failed clearance of the amount pledged. Credit card details of Participants are exclusively managed by PayPal and are not passed on to the Association at any stage during the payment process.

3 IV. Cancellation Policy and Charges Participants can revoke and/or cancel a booking by contacting us via . A full refund will be given if notice of cancellation is received at least 10 days in advance of the paid tour. If notice is less than 10 days but more than 4, the Association will refund 50% of the amount paid. If notice is received within 92 hours prior the tour, then no refund will be possible. Any refund will be done via PayPal; time for the refund to get through will depend entirely on conditions directly entered between the Participants and PayPal when authorising payment. Notice of cancellations will have to be sent to the Association specifying: - The number of people for which the cancellation is required and their names; - The tour booked, when it was booked and for what date; - The code (provided with the confirmation ) - The amount paid Cancellation will only be effective upon receipt of the Association s confirmation . V. Cancellation and amendments - the Association The Association reserves the right to cancel or alter any tour should: a) the minimum number of participants not be reached (specified in the Tour list); b) be dictated by circumstances beyond out control; c) be dictated by unexpected circumstances; d) in the 24h prior to the tour, the tour guide become suddenly unavailable. Should, for any of the above mentioned reasons, a tour be cancelled, a full refund will be issued. The cancellation of a tour by the Association will not entitle, under any circumstances, Participants to claim for any further damages or liabilities in excess of the amount paid. Cancellations and (or) amendments will be communicated at the contacts provided by the Participants ( and telephone) at purchase point via PayPal. Should the Association not receive a confirmation of receipt of the communication (i.e. read receipt) or should be impossible to contact the Participant (i.e. the telephone cannot be reached) only a refund of the amount paid for the tour will be given. No other expenses incurred by participants will be reimbursed.

4 VI. Right of Withdrawal Participants withdrawal right is excluded on the basis or article 55, paragraph 1, point b) of Decree Law 6/9/2005 no. 06 (Consumer Law). This doesn t affect Participants cancellation rights as per article above. VII. Participants obligations and guarantees given For the duration of the tour, Participants must carry a valid ID and behave appropriately, in keeping with society s shared values, and comply with the norms and rules of the State, Region or locality. The Association and the Tour Leaders reserve the right to exclude from the tour, in their sole discretion, any Participant that should appear to be disregarding the above rules. Participants guarantee that the personal data provided at the acceptance of the present terms and conditions are truthful and allow to identify their real identity; the Association and Third Parties involved with the tours are not liable nor persecutable should the information provided be untrue, not current or incompleted. Participants also agree to notify via any changes to the data provided in a timely fashion. Participants purchasing the services for other person to be nominated (Consumer Participant) are formally bound to inform them of the present Terms and Conditions of Contract; Terms and Conditions are to be considered as read, understood and accepted also by the Consumer Participant. VIII. Limits of our Responsibility Participants declare they are not aware of any medical condition, injury or impairment that will be detrimental to their health if they take part to tours. Participants fully understand and accept all risks associated with the participation to the tour including adverse weather conditions, tefth, indigestion, adverse reactions due to food intolerances, accidents (due, for example, to personal or others inappropriate behaviour, cars, other vehicles and transport modes, or pedestrians). This list is intended as exemplification only and is by no means exhaustive. Participants hereby grant the Association the final right to utilise images, pictures or videos made during the tours, directly or indirectly via third parties, for advertising purposes. No compensation can be requested for the use of the images, and this will not put the Association under any obligation. This doesn't affect the right of Participants to explicitly request not to appear in the images ie to walk away from the areas being recorded on camera, video or other means. Participants take part to tours at their own risk. Participants hereby and without any condition release the Association, its members, partners and suppliers from any responsibility for any complaint, legal action, damages, debts, costs and expenses in any way induced or derived from the participation to the tours.

5 The Association doesn't respond of any damages caused voluntarily or unwittingly by Participants to people or things (including artistic heritage), or places (including hospitality structures). The Association is not to be held responsible of any mistake or omission on the website and reserves the right to modify it. Text, pictures, images and videos are to be solely intended for illustration purposes and the service offered might actually differ. The Association cannot be held responsible of errors and mistakes arising from this visual information. No point of the present Limitation of Responsibility can be eliminated or modified without written permission explicitly signed by both a Participant and an authorised representative of the Association. IX. Complaints and Other Communications For complaints, information, suggestions and any other communication, the preferred channel is the Association's address info@unknownrome.com. Participants accept that all communications from the Association regarding the services offered will be in electronic format via , recognize them as fully valid and legitimate, and hereby relinquish any future claim to the validity of any communication sent or received. Roma Sconosciuta is a no-profit association according to the Italian law, with headquarters in Rome. X. Applicable Law The present contract is subject to the Italian law. The chosen language for the contract is Italian, translations in other languages are drawn for exemplification only; for any issue Participants should refer to the main document in Italian. As per the Decree Law 206/2005, for any civil litigation regarding the validity, effect and enforcement of the present contract the competent court is that of the place of residence of the Participant when this is in the territory of the Italian State, or the Tribunal of Rome when located outside the boundaries of the Italian State. According to the articles of the Civil Code, Participants declare to have read and to specifically accept the service provisos at the following paragraphs of the Terms and Conditions: Paragraph III. Methods of Payment; paragraph IV. Cancellation Policy and Charges; paragraph V. Cancellation and amendments - the Association; paragraph VI. Right of Withdrawal; paragraph VII. Participants obligations and guarantees given; paragraph VIII. Limits of our Responsibility; paragraph IX. Complaints and Other Communications; paragraph X. Applicable Law.

6 PRIVACY The Decree Law 30th June 2003 no.196 (Code on Protection of Personal Data) protects the personal data of the individual or other legal persons. The law guarantees that any information provided is treated in respect of the freedom, rights and dignity of the individual, noting in particular the right to privacy and personal identity. The law also guarantees the rights of legal persons and other bodies or associations. As per Decree Law no.196/2003 (from this point on "Code") the Association declares that: - Personal data and credit card information will be solely requested with the purpose of managing bookings through the PayPal channel. The Association doesn't store any credit card details. - All personal data provided will be treated in highly confidential manner, in full compliance with the above mentioned principles ratified in the law on privacy; also the minimum security measures provided by the articles 33, 34, 35 and 36 of the Code will be taken in order to protect the data provided. - Information provided by the people concerned can be exclusively be passed on to collaborators and suppliers of the Association strictly for management and supply of the purchased services purposes; said collaborators and suppliers will treat data as Data Processing Officers as per art. 30 of the Code or Data Processing Managers as per art.29 of the Code. Should any information be shared, those receiving it will subscribe to norms on privacy in line with those reported in here. - Under no circumstances the Association will disclose personal data of people concerned for different purposes than those for which the data was provided. These will not be used for any other purposes. - By sending contact details ( and phone number) Participants authorise the Association to use them for communications regarding the service booked or enquired for, as per arts. 24 c.1 point b) and 13 c.4 of the Code, without need for explicit consent. - Personal data provided will not be used for any other mailing or communications not related to the above mentioned service. The ultimate responsible for Data Processing is the Association with headquarters in Rome. People concerned have the right at any point in time to obtain confirmation of the existence of said data, to be informed of the content and source of data, to verify its accuracy or request for it to be updated or amended, or rectified (art.7 of the Code). As per said article, people concerned have the right to request the cancellation, anonymization or block of data treated in breach of law; they also have the right to oppose, in any case for legitimate reasons, to the treatment of their data. Further information regarding data processing and privacy, can be requested by contacting us at the address of the Association.