General Conditions of Use of the Website

NAFASP SLu, owner of the website https://tourismotion.com (hereinafter, the "Website"), is an entity dedicated to the reservation and sale of activities, excursions, guided tours and other tourist activities throughout the Italian territory, for those users interested in contracting such services. NAFASP SLu (hereinafter, the “Provider”) makes available to its users a platform (https://tourismotion.com) through which any natural or legal person (hereinafter, the "User") may contract tourist activities, excursions, guided tours, transfers and other related experiences.

The details of NAFASP SLu are as follows:

  • Name: NAFASP SLu
  • Tax ID: B-76590405
  • Address: Calle Chipude, 24 38611 San Isidro - Granadilla de Abona - Santa Cruz de Tenerife - Spain
  • Contact Email: info@tourismotion.com

1. General Conditions of Use and Access to the Website

Accessing, viewing or using the materials, content and services of the Website implies that the user understands and accepts these General Conditions of Use. These define the rights and obligations of the PROVIDER and the user in relation to the contracting of tourist activities and guided tours. These are the only General Conditions applicable to the use of the Website and to the contracting of services (without prejudice to the specific conditions that may apply to particular services). They replace any other conditions, unless previously agreed in writing between the PROVIDER and the user. Registration is not required to access the Website. However, in order to contract the services offered by the PROVIDER, the user must register and accept these conditions before proceeding to make the corresponding payment.

2. Purpose of the Website

The PROVIDER has developed this Website in order to offer users a booking service for activities, excursions and guided tours. In general terms, the contracting of the services offered by the PROVIDER shall be carried out between the User and the PROVIDER through the platform Tourismotion.com.

3. Booking on Tourismotion.com and Registration on the Website

In order to make bookings through the Website, the user must provide personal data (name, surname, email address, telephone and mobile number) and/or the data of the person in whose name the booking is made. This will allow Tourismotion.com to manage the user’s booking request. By accepting these General Conditions of Use, the user undertakes to provide correct, accurate, up-to-date and complete information about his/her identity or about the person in whose name the activity is to be carried out. In this regard, the user shall be responsible for the accuracy of the data provided to the PROVIDER and for the consequences that may arise from errors in such information.

4. Specific Conditions Regarding the Booking of Activities, Excursions and Guided Tours

All bookings made through the website are subject to the conditions detailed in our Terms and Conditions, as well as in the description of each service (tour, activity). You may consult the Terms and Conditions in the lower section of this page.

4.1. Specific Conditions Relating to Service Information

Information about the meeting point, date, time, duration and other details of the booked activity is available in the description of each service on the Website, as well as in the confirmation email including the voucher. It is the responsibility of users to present themselves at the meeting point on the indicated date and time, showing their voucher (in digital or printed format) to the check-in staff. The departure time of each activity is not modifiable. In case of doubts once at the destination, the user may contact the PROVIDER through the telephone number included in the voucher.

5. Booking Fees

Fees are indicated in euros (€), taxes included. Payment must be made immediately by credit or debit card during the booking process. In the event of discrepancies or fraudulent charges, users must inform the provider via the email address info@tourismotion.com as soon as possible.

6. Conduct on the Website

Users undertake to make lawful, honest and proper use of the Website, respecting these General Conditions and the applicable legislation.

7. Limitation of Liability

The PROVIDER shall not be responsible for economic losses or errors made by the user during the booking process.

8. Intellectual Property

All content of the Website is the exclusive property of the PROVIDER. Any unauthorized use shall be considered an infringement of intellectual property rights.

9. Modifications

The PROVIDER reserves the right to modify these General Conditions of Use, notifying users accordingly.

10. Legal Invalidity

The invalidity of any clause shall not affect the validity of the remaining provisions.

11. Jurisdiction

These General Conditions are governed by Spanish law. Any dispute shall be resolved by the courts of Santa Cruz de Tenerife.

12. License and Insurance

The PROVIDER holds a valid travel agency and tour operator license (No. 0002547.1), issued by the Deputy Ministry of Tourism of Santa Cruz de Tenerife (Spain), and the corresponding mandatory insurance.

Terms and Conditions of Services (T&C)

Preliminary information:

  • A. In this document, the term PROVIDER always refers to the service provider, namely NAFASP SLU. In the event that the acquisition of the services is carried out by a travel agency, tour guide or any other entity that is not the end user, it shall assume the role of SELLER. The person who enjoys the service acquired through the seller shall be identified as the CLIENT. In the event that the product (tour or activity) is acquired directly by the end client who will enjoy the service, he/she shall be identified as the CLIENT, while the roles of PROVIDER and SELLER shall coincide in the entity NAFASP SLU.

  • B. The commercial and legal responsibility towards the client belongs to the SELLER who promotes, advertises and commercially proposes the services provided by the PROVIDER. The SELLER sells the service to its clients through its own resources, tools, sales channels and those of its affiliates and commercial collaborators and collects the corresponding price. The PROVIDER maintains a commercial relationship with the SELLER, to whom a pre-established price shall correspond in exchange for the provision of a service (tour, activity) to its clients (of the SELLER).

  • C. The SELLER is responsible for recording clients’ personal data and for receiving payment for the services to be provided by the PROVIDER. At the moment the SELLER receives the booking and the corresponding payment, it establishes a direct commercial relationship with the clients, whether they are private clients, intermediaries or professional collaborators.

  • D. The PROVIDER cannot be commercially responsible for the clients of the SELLER as it does not establish a direct relationship with them. The commercial relationship is always and in any case established between the SELLER, acting as the client company, and the PROVIDER, providing tourist services and acting as the supplier company. This clause shall also apply in those cases in which the end client makes the booking directly on the PROVIDER’s website, accessing through an affiliate link and/or using a discount code provided by the SELLER.

  • E. The two parties may reach specific agreements regarding the method of invoicing and payment for the services provided by the PROVIDER; in all cases the SELLER shall be the commercial entity responsible towards the clients who book, contract and make payment for the services advertised on its sales channels.

  • F. The SELLER may apply to its clients a commercial policy different from the conditions established with the PROVIDER. It may, for example, establish price refunds, discounts, commissions for its collaborators and cancellation conditions entirely autonomously, guaranteeing the PROVIDER, in any case, compliance with the commercial conditions established with it.

  • G. All claims must be handled by the SELLER; the PROVIDER shall provide all necessary information to the SELLER to resolve the claims within a maximum period of 72 working hours from the moment the request is received by email:

    • a. The SELLER shall consider its clients’ complaints, investigate and evaluate the actions of the PROVIDER and shall make its decisions autonomously, communicating directly with its clients.

    • b. The SELLER shall request compensation or indemnification from the PROVIDER in all cases in which the service provision contract has not been fulfilled. In any case, the SELLER shall have the authority to decide to compensate clients autonomously and independently with its own resources and in the manner it deems appropriate.

    • c. The maximum response time by the PROVIDER shall be 5 working days from the sending of the request in order to respond to the SELLER’s requirement. If, after this maximum response time, the PROVIDER has not responded to the request, the SELLER shall make a decision based on its internal policies and shall notify the resolution adopted to the PROVIDER. In no case may the SELLER withhold all or part of the price corresponding to a service provided by the PROVIDER without the latter’s consent.

ARTICLE 1 – GENERAL CONDITIONS OF SALE

  • 1.1. The PROVIDER publishes on its website and its channel manager a technical data sheet for each product. Likewise, upon completion of the purchase, a voucher shall be issued. Both documents specify the pre- and post-sale conditions, as well as the necessary information that the CLIENT must know and respect in order to carry out the tour. For any aspect not specified in this contract regarding any activity (tour, excursion), the information contained in the technical data sheet and in the voucher shall be fully valid. Both documents have the same legal value as this contract and constitute the instrument used to keep the SELLER informed about changes or other information.

  • 1.2. The technical data sheet and the voucher may be updated whenever the PROVIDER deems appropriate. The SELLER shall be responsible for modifying them in its sales channels as soon as possible and shall exempt the PROVIDER from any liability for not having correctly updated the information. In any case, after 72 working hours the changes shall be considered in force.

  • 1.3. The SELLER may offer its clients the same commercial conditions established by the PROVIDER or offer more favorable conditions. In the latter case, the PROVIDER shall be economically exonerated and shall invoice the SELLER for the services provided according to the agreed prices and conditions.

  • 1.4. The PROVIDER undertakes to offer its services in compliance with all the elements described in this contract. If events occur due to circumstances beyond the provider’s control, the latter shall be exonerated from any liability in this regard and therefore no claim or refund request shall be authorized.

  • 1.5. The PROVIDER authorizes the SELLER to communicate to the CLIENTS the terms and conditions of the services provided. The PROVIDER shall not be responsible for the lack of information provided to the CLIENT. It is understood that it shall be the responsibility of the SELLER to ensure that the client is fully informed of the service to be offered.

  • 1.6. The SELLER shall be financially responsible towards the PROVIDER for mass cancellations of services booked by clients and not yet carried out when the number of cancellations for the service in question exceeds 20% of the total active bookings. In the event of mass cancellation, the SELLER shall pay the provider 50% of the net price of the cancelled bookings. A booked service subject to mass cancellation shall be understood as a specific tour on a specific date and time. The PROVIDER accepts and undertakes not to request from the SELLER payment for booked services up to 19.9% of cancelled bookings relating to a tour on a specific date.

  • 1.7. The SELLER may apply to its clients the cancellation policy it deems appropriate, provided that it assumes payment to the provider of 50% of the net price of bookings that have been cancelled on a mass basis (art. 1.6).

  • 1.8. The PROVIDER shall assume the business risk corresponding to it as an organization, offering its services and carrying out the procurement of the necessary resources in order to provide such services to the SELLER’s clients.

  • 1.9. Any claim or refund request by a CLIENT, with respect to cases not included in this document, must be clearly demonstrated by the CLIENT with tangible evidence; otherwise the PROVIDER shall invoice the service to the SELLER. The PROVIDER is not obliged to demonstrate the facts, situations, events or causes that justify the correct performance of the services provided.

  • 1.10. The PROVIDER, in tours where the use of radio headsets (whispers) is required, grants itself the right to ask clients to hand over their identity document or a cash amount as a deposit for each booking, in order to guarantee the return of the devices. The PROVIDER undertakes, in compliance with the applicable regulations on personal data protection, to return the identity document or the deposit paid, once the client returns the audio devices in good condition and working order.

    • 1.10.a. When it is not possible to request from clients an identity document or a cash amount as a deposit for the use of radio headsets and these are not returned by the client, the cost of the unreturned radio headset device shall be charged to the SELLER. The amount of such device is determined by the radio service provider and shall be communicated to the SELLER in each specific case.

ARTICLE 2 – EVENTS NOT ATTRIBUTABLE TO THE PROVIDER AND FORCE MAJEURE:

  • 2.1. Of the provision, duration and change in the SERVICE: In the event of interference by external agents or causes that may condition or modify the activity (tour, excursion) due to force majeure reasons - such as the closure of facilities, changes in museum opening hours, extraordinary events during the course of the tour, catastrophic or natural events, queues and/or controls to access museums and monuments, epidemics, terrorist attacks, etc. - the PROVIDER shall guarantee the provision of the best possible service, attempting not to shorten the agreed duration. The PROVIDER shall endeavor, without this constituting a contractual obligation, to compensate for any reduction in the itinerary or duration whenever conditions allow.

    • 2.1.a. The CLIENT shall not be entitled to any refund, whether total or partial, if the activity could not be carried out in its entirety as pre-established, for reasons NOT attributable to the PROVIDER. The only irrefutable condition that would give rise to a refund of the ticket price shall be the reimbursement by the museum, monument or transport company of the ticket price. In the event that the monument, museum or transport company refunds the ticket price to the PROVIDER, the full price of the tour shall be refunded only if the activity is not carried out in its entirety. If the tour is carried out partially and this circumstance is known before the start of the activity, the PROVIDER shall notify the seller and/or, if possible, the client, in writing and/or by telephone. If prior communication is not possible, the SELLER and/or the CLIENT shall be informed at the time of starting the tour:

      • A. If the CLIENT chooses not to carry out the tour, 50% of the price paid shall be refunded.

      • B. If the CLIENT accepts to start the tour under the conditions informed by the PROVIDER, he/she shall not be entitled to any refund.

    • 2.1.b. If the condition preventing the full performance of the tour arises during the performance of the tour, in this case the CLIENT shall not be entitled to any refund, provided that the PROVIDER has no responsibility for what occurred.

    • 2.1.c. The subjective assessment or negative opinion of the CLIENT shall under no circumstances justify a refund or compensation of any nature. The subjective judgment of a CLIENT may never be grounds for refund or financial compensation.

  • 2.2. Of unforeseen events or FORCE MAJEURE: In the event that it is necessary to change part of the itinerary at the last moment (less than 24 hours in advance) due to FORCE MAJEURE not attributable to the PROVIDER, we guarantee the provision of an alternative service covering 75% of the originally planned duration. Said service shall include, whenever possible, the main monument of the tour, either in its entirety or in those areas not affected by the closure resulting from the force majeure event. Whenever possible, the total duration shall be fulfilled by replacing the unvisited part with another of equal or similar interest. In truly extraordinary cases that prevent the completion of 75% of the planned itinerary, before starting the tour the PROVIDER shall inform the clients and propose other options such as, for example: carrying out the excursion in two parts or changing to another day/time, or carrying it out in a different language if the same tour is conducted in another language, always depending on availability. Once the change has been accepted, the CLIENT shall not be entitled to object nor to request a total or partial refund of the activity. Changes in schedule due to overbooking and/or reservation system failure shall be handled in the same manner.

    • 2.2.a. In the event of significant changes in the tour itinerary attributable to monuments, museums or transport companies, the PROVIDER undertakes to inform the SELLER and/or, if possible, the CLIENT as far in advance as possible so that he/she may choose whether to cancel or carry out the tour. However, if such notification is not possible because the change occurs less than 24 hours in advance, the PROVIDER shall not be responsible for the direct costs of the tour nor shall the CLIENT be entitled to financial compensation if the museum, monument or transport company does not agree to refund the ticket price to the provider. In this case, the PROVIDER shall be exempt from any liability and financial obligation towards the SELLER’s CLIENT.

ARTICLE 3 – EVENTS ATTRIBUTABLE TO THE PROVIDER

  • 3.1. If, due to the responsibility of the PROVIDER, a part of the tour exceeding 25% of its duration cannot be carried out:

    • A. The PROVIDER shall propose to the CLIENT a compensation consisting of carrying out the tour free of charge on another day or time, or recovering the visit of the part that could not be visited.

    • B. If the CLIENT does not accept the solution in point a) or if the PROVIDER cannot offer this alternative, the following shall apply: if the part of the tour not carried out corresponds to the visit of a museum or monument that includes an entrance ticket, the net price thereof shall be refunded, provided that it has not been used in its entirety.

    • C. The net price of the ticket shall be partially refunded if the tour is carried out and the ticket is used to visit part of the monument or enjoy part of the service.

  • 3.2. If, due exclusively to the responsibility of the PROVIDER, the tour cannot be carried out in its entirety:

    • A. The PROVIDER shall propose to the CLIENT a compensation consisting of carrying out the tour free of charge on another day or time.

    • B. If the CLIENT does not accept the solution in point a) or if the PROVIDER cannot offer this alternative, a full refund of the service shall be made.

ARTICLE 4 – Delay, interruption or partial performance of the service

  • 4.1. The PROVIDER undertakes to wait 5 minutes after the pre-established start time of the tour, as a COURTESY to clients. It must be understood that this concession is not an OBLIGATION of the PROVIDER. The CLIENT must be at the meeting point at least 10 minutes before the indicated time; if the client does not arrive at the time indicated on his/her voucher, it shall be considered a NO SHOW and he/she shall not be entitled to any financial refund. A condition that cannot be waived is that the client, in order to access the excursion, must first go through the meeting point or CHECK IN.

  • 4.2. The SERVICE shall be considered fully completed and the CLIENT shall have no right to request a total or partial refund of the SERVICE in the cases described below:

    • A. If the SERVICE starts late for reasons NOT attributable to the PROVIDER and the duration and/or itinerary cannot be respected.

    • B. If the delay is less than 1 hour due to reasons attributable to the responsibility of the PROVIDER, but the tour is carried out for at least 75% of the pre-established itinerary and duration.

    • C. If the delay is more than 1 hour due to reasons attributable to the responsibility of the PROVIDER, the client shall be informed before starting the tour that the tour will undergo a change of itinerary or a reduction in duration exceeding 25%. If the client accepts this modification, he/she automatically accepts the new conditions and therefore also accepts not to be refunded, even partially. If the CLIENT decides NOT TO CARRY OUT THE SERVICE, the PROVIDER undertakes to refund 100% of the price of the service.

  • 4.3. Of delays in the SERVICE: In the event of a delay exceeding 2 hours due to causes NOT attributable to the PROVIDER, the client may waive the service and receive a full refund of the price paid; alternatively, he/she may carry it out on another day without paying any surcharge, provided that the provider has available places.

    • 4.3.a. On the days or periods specified below, any type of delay not attributable to the responsibility of the PROVIDER shall not give rise to any type of refund, return or financial compensation if the tour is carried out for at least 50% of the itinerary duration:

      • A. From January 1 to 7;

      • B. From the Monday preceding Easter Sunday and throughout Holy Week until the following Tuesday;

      • C. From April 23 to May 3;

      • D. From October 1 to November 3;

      • E. From December 4 to 10; from December 22 to 31.

    • 4.3.b. The interruption of the SERVICE due to any type of natural or atmospheric event, political events, acts of terrorism, social events such as strikes or demonstrations, closure of stations or streets closed by decision of public authorities or the museum/monument; etc., and any other event not caused by the PROVIDER, shall not be attributable to the PROVIDER. The general condition shall be subject to the redemption of tickets. If the tickets have already been redeemed for access to the excursions, there shall be no refund of the service.

  • 4.4. Absence of the Tour Guide SERVICE: in the event that the tour guide, for any reason, does not appear, arrives more than half an hour late, or if due to the fault of the PROVIDER the tour guide service is not provided, the client shall be entitled to:

    • 4.4.a. Visit the museum or monument on his/her own, benefiting from the tickets that the PROVIDER shall deliver to him/her, and to receive a refund of the price of the tour except for the net price of the tickets.

    • 4.4.b. Waive visiting the museum and receive a full refund of the price paid.

  • 4.5. Delays due to train transport: When booking a tour that includes train transport, the client accepts that the PROVIDER assumes no responsibility in any case for circumstances related to train services, such as delays or changes in schedules, duration, breakdowns, strikes, and any other condition that prevents the normal performance of the service.

    • 4.5.a. The PROVIDER shall not be responsible for the consequences arising from train delays due to strikes or for any other reason dependent on the transport service provided by third-party companies.

    • 4.5.b. If a train is delayed, the CLIENT must go on his/her own to the meeting points where the excursions begin. The PROVIDER shall provide all possible assistance and shall do everything possible to relocate the CLIENT to another tour, but if the CLIENT cannot attend one or more guided tours due to train delays, the PROVIDER shall grant no refund on this account.

    • 4.5.c. In the event of train delays, the company responsible for them may refund part of the ticket price in the form of a voucher to be redeemed for future travel. These vouchers are nominal and may be delivered to the client for his/her use at his/her convenience, if the CLIENT requests them by email. Under no circumstances shall the PROVIDER deliver the value of these vouchers in cash to the CLIENTS.

ARTICLE 5 – NO SHOW and responsibility of the client and the seller

  • 5.1. Definition of NO SHOW: non-attendance, non-participation in the tour or delay due to the client not presenting him/herself at the meeting point at the pre-established start time of the tour, even if arriving only 1 minute late. The CLIENT must present him/herself punctually at the departure point of the tour in order to carry out the service preparation operations, such as checking the booking, assigning the tour guide, delivering tickets and radio headsets.

  • 5.2. The CHECK IN condition is MANDATORY in nature; the client may in no case join the group once the service has started. If the client does not appear at the check-in point at the pre-established time, he/she shall be considered a NO SHOW.

    If the client does not appear for any reason, whether beyond his/her control or by his/her own decision, or leaves the tour before it ends, whatever the reason, it shall be considered a NO SHOW and he/she shall not be entitled to a refund, whether partial or total.

  • 5.3. If the CLIENT, during the tour, decides to stop participating, whether due to psychological or physiological indisposition, to use the restrooms, because he/she has stopped following the guide (voluntarily or because he/she got lost), or because he/she does not wish or cannot keep up with the group’s pace, the PROVIDER shall be considered exempt from any liability and the activity shall be considered fully performed. If the CLIENT wishes to repeat the tour from the beginning, he/she must book it again on the SELLER’s website paying the full price.

  • 5.4. If the client arrives, even with only one minute of delay, he/she may not join the group (for organizational reasons and not by the will of the PROVIDER) and shall be considered a NO SHOW (see article 5.1 and 5.2).

  • 5.5. If, when entering the museum or monument, access is denied to the client by the staff thereof due to non-compliance with the rules of the museum or monument, the client shall be considered a NO SHOW (see article 5.1 and 5.2).

  • 5.6. In the event that the client makes an incorrect booking, the PROVIDER shall be exempt from any liability and the client shall not be entitled to any refund or compensation:

    • A. Incorrect number of places purchased, whether in excess or in defect.

    • B. Duplicate booking or booking made multiple times for the same activity.

    • C. Booking made in incorrect categories (for example: if a child rate is booked to be used by an adult).

    • D. Booking made by entering incorrect data of participants (name, surname, dates or place of birth), even if only by one digit, since in the case of tours to monuments with nominative tickets, such data are mandatory and any error therein may prevent clients from participating in the tour.

    • E. If the client makes a booking including an incorrect number of places or makes multiple bookings either in his/her own name, in another name or on behalf of others and does not use the reserved quotas, it shall be considered a NO SHOW and he/she shall not be entitled to any refund or other type of compensation. The client may cancel or modify his/her booking and receive a refund (total or partial) according to the deadlines and penalties established in the tour conditions.

  • 5.7. Disabilities and reduced mobility: disabled persons, reduced mobility, disability due to ETG. If a client with disability, partial, medium or total disability, disability due to ETG., etc., makes a booking for a service declared NOT SUITABLE FOR PERSONS WITH DISABILITIES AND/OR REDUCED MOBILITY (with or without the need for a wheelchair, crutches or canes), the PROVIDER has the right to reject the booking and not provide the service if this circumstance may condition the normal performance of the tour. If the client decides to carry out the booking knowing the specific conditions for persons with disabilities and/or reduced mobility, the price of the service shall not be refundable, even if the client cannot enjoy the service. In this situation, the PROVIDER would lose the possibility of marketing that place, which would entail a direct economic loss.

    • 5.7.a. If the CLIENT with disability or reduced mobility chooses to carry out the activity at his/her own discretion, confirming his/her ability to keep up with the group’s pace, after considering the above specifications, in case he/she gets lost, he/she may not be refunded nor financially compensated. Given the conditions specified in this clause, and having previously informed the client, the PROVIDER may refrain from responding to any possible claim.

    • 5.7.b. Under no circumstances is it possible to agree on a discount for persons with disabilities or who are entitled to some type of discount on the ticket price, outside the pre-established terms for each tour, even if the museum and/or monument may oblige the provider to issue a free or reduced-price access ticket to the client. The PROVIDER offers and sells a complete tourist service which involves the advance purchase of tickets without possibility of refund; the price paid by the client corresponds to the total service, and not to the type of ticket.

    • 5.7.c. Accessibility in case of private tour: in the event that one or more members of the group require a wheelchair, the group may not exceed 5 persons. This is due to the infrastructure and accessibility of monuments and museums. The PROVIDER may not guarantee changes of schedules, dates or tour variants. The CLIENT may cancel the tour within the period established in the conditions stipulated in his/her booking for free cancellation and thus receive the full amount paid for the tour. This clause shall not apply to group tours declared not suitable for persons with disabilities and/or reduced mobility, for which the conditions provided for in article 5.7, 5.7.a., 5.7.b., of this contract shall apply.

  • 5.8. The SELLER exempts the PROVIDER from any liability for the information communicated to the client or published on its websites and/or in the sales conditions of the services provided by the PROVIDER, regarding the return or refund of the tour price in case of NO SHOW by the client.

    • 5.8.a. The SELLER guarantees to the PROVIDER payment for all services considered NO SHOW, even if it may grant any refund to its clients when it deems appropriate, exempting the PROVIDER from any financial liability.

    • 5.8.b. The SELLER undertakes to exempt the PROVIDER from any refund request in favor of the client in case of NO SHOW. In any case, the SELLER shall be financially responsible towards the client for any claim. This condition shall remain valid during the term of this contract. The SELLER may decide on its own and autonomously whether to grant any compensation or financial refund to its clients using its own resources.

  • 5.9. It is the responsibility of the CLIENT to comply with the rules in force in museums, monuments and, in general, with the laws of the country and city visited. The PROVIDER shall be exempt from all liability in the event that the client ignores the established rules or if the authorities of the monument/museum deny his/her entry for internal or security reasons.

  • 5.10. If the CLIENT cannot carry out the tour because museums, monuments or police forces have denied him/her access, it shall be considered a NO SHOW and therefore he/she shall not be entitled to any type of refund or compensation. The PROVIDER shall always be exempt from liability in the event of a NO SHOW.

  • 5.11. In order to offer the best service to the CLIENT, the PROVIDER shall inform the SELLER, for informational purposes and as soon as it becomes aware, of any changes in the access rules of a museum or monument - whether permanent or temporary - as far in advance as possible. It shall be the responsibility of the SELLER to notify such changes to the CLIENT. However, under no circumstances shall the PROVIDER be considered responsible for situations in which the CLIENT is prevented from accessing the monument or carrying out the activity - whether totally or partially - due to non-compliance with such regulations or to unforeseen changes by the competent authorities.

ARTICLE 6 – Communication with the PROVIDER

  • 6.1. Change, modification and/or cancellation:

    • 6.1.a. The PROVIDER undertakes to attend to the SELLER and clients as soon as possible, but cannot guarantee immediate communication within a period of less than 24 hours, whether by telephone or by email.

    • 6.1.b. The PROVIDER shall provide the SELLER’s clients with all its contact details in order to solve any type of problem or incident. The PROVIDER shall have no obligation to resolve problems that do not correspond to it.

    • 6.1.c. The PROVIDER has no obligation to manage clients’ bookings regarding changes, modifications or cancellations, whether by telephone or by any other means. The CLIENT may make the necessary changes according to the conditions provided for each tour and using his/her personal area on the SELLER’s website or by directly contacting the SELLER through its customer service. The PROVIDER shall consider the change or modification effective only once it receives the automatic email generated by the SELLER’s system and the time of arrival thereof shall determine the right to a refund or not. It shall also be visible in the supplier panel. Otherwise, it shall be considered not modified/cancelled and the CLIENT shall not be entitled to any claim or refund. The CLIENT must know that all modifications to his/her booking must be made through the SELLER WITHOUT EXCEPTION.

    • 6.1.d. The PROVIDER is not responsible for attending to requests or petitions that the client may add to his/her booking and that do not correspond to a service provided by the PROVIDER and/or to information necessary for the performance of the activity. It only undertakes to manage the information received when the activity requires it.

    • 6.1.e. The CLIENT acquires the service through the SELLER’s web portal and has a direct commercial relationship with the SELLER. All modification or cancellation operations must be processed with the SELLER through its corporate portal.

    • 6.1.f. The PROVIDER may modify or cancel bookings using the supplier panel, or any enabled section of the IT system made available by the SELLER, provided that the portal and the tools allow it.

  • 6.2. Service and booking confirmation: Once the SERVICE is confirmed on the SELLER’s web portal, the latter shall have the obligation to provide the PROVIDER with the booking time, conditions, cost and possible additional requirements through an email immediately. Both on the tour description page and on the voucher and booking confirmation email, the CLIENT has at his/her disposal all the necessary information to carry out the activity.

    The CLIENT shall be responsible for providing all the necessary data that allow the PROVIDER to organize the activity.

    In the event of a pick-up and transfer service, the exact address of the accommodation (including the street number), email address and active contact telephone number in Italy (of the client or his/her accommodation) are required in order to communicate with clients, if necessary by call, email, WhatsApp message or SMS.

    The portal and the voucher clearly explain how to reach the meeting point, recommendations and advice to carry out the tour on time. The CLIENT may not join the tour from another point without authorization from the PROVIDER; it shall always be mandatory to pass through the meeting point specified in the booking and carry out the CHECK IN, otherwise it shall be recorded as NO SHOW and he/she may not participate in the activity, without right to claim or refund.

  • 6.3. Cancellation of services

    The SELLER may offer its clients the same cancellation policy established by the PROVIDER or offer more favorable conditions; in this case the PROVIDER shall be fully economically exonerated and shall invoice the price corresponding to it according to agreements.

    Cancellation of the SERVICE by the client is permitted according to the policy established by the SELLER. The PROVIDER shall invoice the price of the activity to the SELLER according to its own cancellation policy.

    In any case, a cancellation shall never be considered formalized if the provider does not receive communication through the pre-established means (email) and within the specific cancellation period of each tour (as stated in the “product sheet”). If the PROVIDER cancels the tour for extraordinary reasons that do not allow its performance, it shall proceed in accordance with Art.3 and Art.7 of this contract. No extra refund or financial compensation other than the price of the activity shall correspond for cancellations communicated by the PROVIDER, regardless of the notice period prior to the tour start time.

ARTICLE 7 – Refund for exceptional events and/or Force Majeure

  • 7.1. Specific causes and events.

    For causes not attributable to the PROVIDER or force majeure causes that prevent the client from carrying out the tour, if the tour is carried out respecting the pre-established conditions and characteristics and the conditions of sale of the service, the CLIENT shall in no case be entitled to a total or partial refund of the service amount. Causes of force majeure or external causes are those specified in the legend of this document and also those not specified therein but which are evidently events not attributable to the PROVIDER. Any event that prevents the CLIENT from carrying out the tour that is not irrefutably caused by or the responsibility of the PROVIDER shall not entitle the CLIENT to any return, refund or compensation whatsoever. In such cases, the PROVIDER shall invoice the SELLER the full amount of the service.

  • 7.2. Serious accident: if within 48 hours prior to the service, the CLIENT (or person in the group or family with whom he/she was to carry out the activity) suffered a serious accident documented by a medical certificate demonstrating hospitalization with overnight stay during the night or the two nights prior to the day on which the activity was booked (with a minimum of 24 continuous hours including from 8:00 p.m. to 6:00 a.m. the following day), the PROVIDER authorizes a refund of the tour price only for the person who was hospitalized and one companion (maximum 2 places per booking). The cost of tickets is excluded in all cases, whether for monuments, museums or trains, since museums, monuments and train companies maintain a non-refundable policy under any circumstances. The CLIENT must prove with valid documents issued by the hospital the reason for his/her claim and no other type of document or certificate other than the hospitalization certificate with date of admission and discharge shall be accepted.

    In these cases, it is accepted that the client or another person on his/her behalf may communicate this circumstance to the SELLER or the PROVIDER by email. This period is extended to 72 hours if the client booked only for himself/herself and proves that he/she could not inform of his/her situation due to physical impossibility (coma, memory loss, etc.). In this case, the refund shall be agreed if requested within 30 days following the date of performance of the activity. Communication must be made with the PROVIDER through the same email address enabled to receive incoming bookings. Under no circumstances shall the PROVIDER be responsible for not having received effective communication from the client or the SELLER.

    The PROVIDER is under no obligation to demonstrate to the CLIENT, with call logs, photos, screenshots or videos, that it has received communication from the client or the SELLER. For this reason, if the communication is not made effectively, the PROVIDER shall not proceed with the refund of the tour price. The only means accepted by the PROVIDER and that entitles cancellation of the service is written communication by sending an email to the address established by the PROVIDER to receive bookings.

  • 7.3. Death of the client or his/her relative: The same conditions as in section 7.2 above shall apply for the following cases:

    • 7.3.a. Death within 48 hours prior of the CLIENT who made the booking or of a relative (first-degree kinship). The maximum refund shall be the price of 2 places per booking excluding tickets and train tickets (e.g.: if the booking is for 10 persons, only the amount corresponding to 2 persons shall be refunded). A certificate proving the death is required. The refund shall be agreed only if requested within 30 days following the date of performance of the activity.

    • 7.3.b. If the deceased is the only person who was to carry out the tour, the price of the activity shall be refunded, excluding tickets and train ticket, if the request is received within 90 days with respect to the date of the activity.

      In all cases provided for in points 7.2 and 7.3, the PROVIDER shall not invoice the tour price to the SELLER, or in the event that it has already been charged, it shall be offset in the first invoice to be issued, always excluding the costs incurred for tickets and train tickets.

  • 7.4. Weather conditions and public safety: The competent authorities may close, with or without prior notice, archaeological sites and/or urban areas due to weather conditions or public safety. If such closures affect areas requiring entry and this has been validated for access - even partially or for a limited time -, it shall not be possible to refund the amount of the entry ticket, as the ticket shall be considered used.

    In the event that weather conditions prevent access to exclusive areas for which the client has paid a supplement (such as the Arena and/or the Underground of the Colosseum), the tour shall be carried out without accessing the affected areas and visiting only the permitted parts. In this case, the PROVIDER shall refund to the client exclusively the difference between the tour with special access and the standard tour.

ARTICLE 8 – Specific cases

  • 8.1. Pick-up and/or transfer service

    The pick-up and/or transfer service is provided only from the hotel/accommodation, within a maximum distance radius of 8 km between the hotel/accommodation and the meeting point for group guided tours, and within a maximum distance radius of 12 km for private tours.

    In the case of a combined tour and transfer between two monuments, the PROVIDER undertakes to provide the client with all necessary information in order to reach the meeting point.

    If the pick-up or transfer service is contracted less than 24 hours prior to the start time of the tour, it is possible that the PROVIDER may not be able to offer such service. In this case, the client shall be informed and the portion corresponding to the supplement relating to the transfer service shall be refunded.

    When booking a pick-up and/or transfer service, it is the obligation of the CLIENT:

    • A. To provide an active contact telephone number and an email address where details of the service may be communicated. If the CLIENT provides an incorrect contact number, the booking shall be cancelled. It is the responsibility of the CLIENT to ensure the accuracy of his/her contact details. Any problem arising from incorrect data shall not be attributable to the PROVIDER and shall not entitle the client to any refund of the service.

    • B. To indicate an exact and clear pick-up point. The CLIENT who indicates an incorrect pick-up point, even only by the street number, who does not comply with the instructions of the PROVIDER or of the companies responsible for carrying out the service, and/or who does not present him/herself at the exact pick-up point at the pre-established time, shall not be entitled to any refund, neither of the transfer price nor of the complete service. However, the CLIENT may go on his/her own to the meeting point to join the tour. If the CLIENT does not present him/herself at the meeting point at the agreed time, the booking shall be managed as a NO SHOW and there shall be no refund.

  • The day before the excursion, the TRANSPORT PROVIDER COMPANY may contact the CLIENT via SMS or WhatsApp to inform and coordinate the details of the pick-up service in order to provide a higher quality service. In the event of not receiving the message, the CLIENT must comply with the general rules appearing on the voucher/booking confirmation email (e.g.: the client must be ready one hour before the start of the tour at the hotel/accommodation door). If a private pick-up and/or transfer service has not been contracted, this service is shared with a maximum of 8 clients per car/van. The driver may not wait, nor leave the vehicle to go and look for the client. If the CLIENT is not at the exact pick-up point, considering all measures taken in advance, the PROVIDER shall not be responsible for the non-provision of the service.

    In the event that the PROVIDER does not receive all necessary data to carry out the service at least 24 hours prior to the agreed pick-up time, the CLIENT and the SELLER shall be informed of the cancellation of the transfer service and the full amount corresponding to the service shall be refunded.

    In cases where the transport company arrives late or uses another type of transport to pick up clients, and provided that this circumstance does not affect the normal performance of the tour, the CLIENT shall not be entitled to any refund or compensation.

    In the event that the CLIENT, for any reason, cannot make use of the pick-up service, he/she may go by his/her own means (TAXI, public transport, etc...) to the meeting point or CHECK IN location. The CLIENT shall fully bear the expenses of such transfer if the reason for the loss of the service is not attributable to the PROVIDER or to the transport company. Conversely, the PROVIDER shall reimburse such expenses only when it is demonstrated that responsibility for the non-provision of the pick-up service lies with the transfer company or the PROVIDER itself.

  • 8.2. Bookings for groups of more than 10 persons

    If the SELLER wishes to book for a group of more than 10 persons, it shall be considered a group and the cancellation and change terms expressed in the descriptive sheet of each tour shall NOT apply.

    In the event of a group booking (more than 10 persons), the following terms shall apply:

    • A. 15 days before the date of performance of the tour it shall be possible to cancel the booking and obtain a full refund; it shall also be possible to request changes to the time and date of the tour. The change shall be made subject to availability by the provider. No additional costs shall be foreseen if the new date is not subject to a price increase due to seasonality. If this is the case, the SELLER shall be requested to pay the price difference between the two services. If the difference is not paid, the requested change shall not proceed and the original booking shall be considered valid.

    • B. Between 15 and 9 days prior to the date of performance of the tour it shall be possible to cancel the booking and 50% of the price paid shall be refunded. It shall be possible to change the date and time subject to availability, under the same conditions set out in point a). Once such change has been made, the booking shall become non-refundable and shall not admit further modifications.

    • C. From the 8th day prior to the date of performance of the tour it shall NOT be possible to cancel or change the date and/or time of the tour.

  • In the event that the SELLER makes multiple bookings for the same tour (same date and time), for a total of more than 10 persons, regardless of age, such bookings shall be considered as a single booking and shall be subject to the same conditions as point 8.2 (a), b), c)).

  • 8.3. Specific conditions of the Free Tour:

    Bookings for groups exceeding 6 persons, regardless of age, are not allowed. This limitation applies even if bookings are made separately by the same group to circumvent the restriction. In the event that this practice is detected, the PROVIDER reserves the right of admission and shall invoice the SELLER the corresponding fee for each person exceeding the limit of 6.

    Minors must be mandatorily accompanied by an adult of legal age. Participation of school groups or students of any educational level is also prohibited.

    The PROVIDER does not offer telephone assistance for this tour. Due to the nature of the tour and the high percentage of no shows, the PROVIDER does not guarantee a maximum number of participants per guide.

    Under no circumstances may the client join the group once the visit has started; the tour guide may not add to the group persons who arrive late, without exceptions.

ARTICLE 9 – DAYS WITH FREE ENTRANCE OR DISCOUNTS

The PROVIDER operates tourist packages composed of different elements.

The CLIENT acknowledges that the amount paid corresponds to a package of comprehensive services, through which the PROVIDER guarantees the quality and characteristics of the service, in strict compliance with the agreement signed with the SELLER.

The cost of acquiring tickets by the PROVIDER is independent of the final price of the contracted service. In the event that the PROVIDER obtains free tickets, reduced-rate tickets or tickets at a price lower than the box office price, the CLIENT shall not be entitled to any discount, compensation or refund of the difference.

SINGLE CLAUSE FOR ALL TOURS, EXCURSIONS, SERVICES

It is the sole responsibility of the CLIENT to follow the guide and keep up with the group throughout the activity. In the event of getting lost, the CLIENT must locate the group by his/her own means. Likewise, he/she shall be responsible for returning the radio-guide equipment at the corresponding counters of the museum or monument. The PROVIDER has no obligation to locate the CLIENT nor to contact him/her by telephone in such cases; therefore, involuntary abandonment of the tour shall not entitle to any type of refund.