These General Contractual Conditions are divided into:
I. Conditions of Use of Siracusa Tour
II. General Contractual Conditions of Siracusa Tour, Syracuse, Italy (intermediary)
III. General Contract Conditions of the Tour Supplier and other tourist services (service and service providers)
Siracusa Tour, in order to offer a brokerage service, will put this platform at the disposal of users and suppliers of excursions or tourist services.
Moreover, Siracusa Tour will put the platform at the disposal of certain cooperation partners (sub-agents, distributors) for the reservation of the tourist service of the supplier. The use of this platform by sub-agents or distributors requires a separate contractual agreement and will not be permitted without prior written authorization from Siracusa Tour.
The contracts concerning tourist services must be concluded directly between the users of the platform and the providers of tourist activities. In case of reservation of the user through Syracuse Tour or its collaborators, the relative contract will be stipulated directly between said user and the supplier. With regard to the tourist services offered on this booking platform, Siracusa Tour is not a contractual party.
I. Conditions of Use of Siracusa Tour
1. Who is the operator of this Website?
This Website (including sub-sites and including text, images, videos, software, products, services and other information included or presented on the Website, hereinafter referred to as the “Website”) is provided by Siracusa Tour, ronco Menandro n3 , Syracuse 96100, Italy. You can contact us by e-mail (info@siracusatour.com) or telephone at the following numbers:
Italy: +39 3481381988
All bookings made through the platform are subject to the Siracusa Tour General Terms and Conditions as well as those of the tourist activity provider.
2. Application of these Terms of Use These Terms of Use (hereinafter referred to as the “Terms of Use”) together with our privacy policy (hereinafter referred to as the “Privacy Policy”) apply to each use of the Website. Users of the Website (“users”) or “you”) may use it only on condition that you have read and understood the Privacy Policy and have accepted the Terms of Use. Any further use of the Website or part of it will mean that they have read and understood the Terms of Use and the Privacy Policy and agree to be bound by each and every part of the Terms of Use. 3. No offers The information on this website is intended for information purposes only. This information does not constitute a binding offer for Siracusa Tour. Binding agreements with the suppliers of activities available on the Website require a reservation request through the Syracuse Tour platform and acceptance of the reservation request by the supplier pursuant to General Contractual Conditions of Siracusa Tour.
4. No guarantee Syracuse Tour seeks to ensure the correctness of the information reported on or through the Website. Despite this, it does not give any guarantee, either expressly or implicitly, on the correctness, completeness, timeliness, reliability or suitability for any purpose of the aforementioned information, or anything else (including information of any kind provided by third parties). Syracuse Tour may at any time in its sole discretion change, add or remove information on the Website or change its structure or functionality, without giving any particular notice of such modification, without removing information that is no longer current and without highlighting such information as not more current. Syracuse Tour may also block users from accessing the Website or certain parts of it, or allow access only under certain conditions. Syracuse Tour gives no warranty, express or implied, regarding the availability of the Website or its features, the fact that the Website is free from defects or that this and the infrastructure on which it is based are free of viruses or other software harmful. Furthermore, Siracusa Tour makes no warranty that the information available on the Website has not been altered due to technical defects or unauthorized third parties. 5. Limitations of liability
Siracusa Tour excludes its responsibility, and that of its agents and independent collaborators as well as of the employees and representatives of Siracusa Tour, their agents and independent collaborators, as well as their sub-agents and distributors, for damages related to the access of Users (or disability) to access) the Website, or for any error or omission, or for the results obtained from the use of the Website, regardless of the legal basis for such liability, with the exception of liability for damages caused by intent or gross negligence to the extent envisaged by the applicable law. The limitations of liability do not apply in the context of the guarantees given, in the case of damage to life, physical integrity or health of the person or in case of complaints based on the responsibility of the manufacturer.
6. Third parties and links with other websites Siracusa Tour is not responsible for the content provided by third parties (including all bookable activities and information related to these activities) that may be available through the Website, as well as for content linked or related to the Website or from the Website to other websites. Siracusa Tour does not recommend or endorse this content and will have no liability for it. In case of links from the Syracuse Tour website to third parties, users will use these websites at their own risk. It is advisable to examine the policy of such websites and to verify the way in which they process personal data. If users believe that there is illegal content on the Website, please send an e-mail to the following address: info@siracusatour.com.
7. Limited license of the Siracusa Tour App Syracuse Tour grants users the non-exclusive, non-transferable, non-transferable, non-transferable world right to use the Siracusa Tour App in accordance with these General Conditions of Use and on condition that Users always use it in accordance with these General Conditions of Use. Users may (i) use the Siracusa Tour App only in the form of an object code and exclusively for personal purposes (if they are consumers) or for purposes internal to their business (if they are entrepreneurs), (ii) use only the number of copies of the Siracusa Tour App and / or make only the number of backup copies of the App necessary for its legitimate use. Users can not (iii) allow third parties to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or correct errors of the Syracuse Tour App and / or parts thereof, (iv) lease, lease, sub-license o lending the App and / or documentation connected to it or translating it, merging it, adapting it or modifying it, (v) disassembling, decompiling, decoding or creating derivative works of the App of Syracuse Tour or parts thereof or attempting to perform the aforementioned activities.
8. Intellectual property rights
In the relationship between users and Syracuse Tour, the Website is and will be protected by copyright and / or other intellectual property rights (including the rights of protection granted by the law on unfair competition). Users will not acquire any rights related to the Website or related to names, trade names and / or distinctive signs of any kind (including trademarks) published on the Website. They may access and view the Website, however they will not be able to incorporate it into other sites. web and copy it, present it, license it, publish it, download it, upload it, send it or make it in any way perceptible without our prior written permission.
9. Changes to the General Conditions of Use Siracusa Tour may modify these General Conditions of Use at any time and with immediate effect. In case of changes made by us, they are applied from the date of their publication on the Website. Siracusa Tour expects that users regularly check this section to be aware of the updated and applicable version of the General Conditions of Use . Any further use of the Website following a modification is equivalent to the consent of users to the same modification. 10. Applicable law and jurisdiction The law of the Italian Democratic Republic applies. If users have made a reservation as consumers and at the time of booking their residence is in a different state, the mandatory regulatory provisions of that state shall remain unaffected, regardless of the choice of the applicable law referred to in the previous sentence. The exclusive jurisdiction is Syracuse, provided that the user is a trader under the Italian Commercial Code or does not have a permanent residence in Italy at the time the legal action is promoted. The mandatory legal provisions regarding the competent court are reserved.
II. Siracusa Tour – General Contract Conditions for users regarding the online offer of the Syracuse Tour platform
1. Introduction
2. Object of part II of these General Contractual Conditions
These General Contractual Conditions apply to every use of the Syracuse Tour Platform, for example via the internet or the app. The contractual relationship between the user and Siracusa Tour in general includes exclusively the assignment of users to the respective provider or the transfer of user data made available by a sub-agent. Syracuse Tour does not act as an organizer, landlord, seller or other contractual party with respect to the service agreement with the user. As a consequence, part II of the Siracusa Tour General Terms and Conditions is applied to the Siracusa Tour Platform and to the assignment of users to the supplier. Part II of the General Contractual Conditions applies to the use of the Syracuse Tour Platform by cooperation partners (sub-agents or distributors), subject to special contractual agreements with the respective cooperation partner. The Contractual Conditions of the Supplier, pursuant to part III of these General Contractual Conditions, apply to the tourist services agreement stipulated between the user and the supplier.
3. Registration
3.1 In general, the use of the Syracuse Tour Platform can be carried out anonymously.
3.2 Certain types of use of the Syracuse Tour Platform as booking require registration. During registration, the user sends an electronic registration form and agrees to the General Contractual Conditions. Registration at Siracusa Tour ends only when a confirmation has been sent to the e-mail address specified by the user. Individuals must be 18 or older to register. The user must keep the password he has set up and take suitable precautions to prevent third parties from being aware of it.
3.3 The creation of more than one user account for the same natural or legal person is not permitted. The user account is not transferable.
4. Syracuse Tour Services stipulation of the contract
4.1 Following the user’s input of the desired parameters on the Syracuse Tour Platform (eg travel destination, type of excursion, departure date and time, number of participants and price options), Siracusa Tour will show the user information on the services of the provider (“information on services”). Based on that information, provided that the desired service is available, the user can submit a contractual offer that will be sent to the respective supplier, so Siracusa Tour acts on behalf of the user reported. This happens, after the selection of the desired service and through the arrival (by email, telephone or instant messaging), of a reservation request or information.
4.2 The user is bound to his offer for the duration of five working days. For further information, please consult point 5 of the General Terms and Conditions of the tour provider and other tourist services referred to in Part III.
4.3 Ge Siracusa Tour notifies the user of the conditions of transport and trade of the supplier regarding its contractual relationship with the user and its services. These conditions can be found in the respective offer. The user is responsible for his behavior in accordance with and in compliance with these conditions. The supplier reserves the right not to allow the user to perform an action or to exclude it if it does not comply with the Conditions. In this case the price paid will not be reimbursed.
4.4 Siracusa Tour will deliver to the user a booking confirmation issued in the name and on behalf of the supplier as well as confirmation of payment. The use of the Syracuse Tour Platform is in itself essentially free for the user. The costs for technical access to the Syracuse Tour Platform (eg internet access) are the responsibility of the user. Siracusa Tour is authorized to collect the invoiced amount in the name and on behalf of the supplier.
4.5 Siracusa Tour shall forward to the user the data necessary for the use of the service of the supplier in accordance with the applicable conditions (for example data regarding the ticket) once received from the supplier.
4.6 Siracusa Tour does not guarantee the correctness of the data forwarded nor the provision of the services by the supplier, as all the information indicated and forwarded are based on data from suppliers or third parties and can not be verified in detail by Siracusa Tour .
5. Payments on Siracusa Tour
5.1 The price paid by the user for the services of the supplier is subject to the service agreement concluded with the supplier.
5.2 Siracusa Tour is authorized to collect the amounts invoiced in the name and on behalf of the supplier, unless there are different and explicit indications on the supplier invoice. In the event that the user has to make payments in currencies other than their national currency (payment required in foreign currency), Syracuse Tour may request payment in the user’s national currency and the request for payment in foreign currency can be converted on the basis exchange rate in force at the time the contract is signed. Siracusa Tour can ask the user to pay an appropriate contribution for the conversion.
5.3 With reference to the service agreement and its payment, the respective supplier is a contractual counterparty and a contact person for the user. The user can only ask the respective supplier for a refund of a payment. A reimbursement granted by the supplier can also be performed by Syracuse Tour. In order to make the process easier for the user, communication via the Syracuse Tour Platform is recommended.
5.4 In order to use the Syracuse Tour payment function, the user must register. The user must enter correct information regarding the payment and update the details immediately in case of change. Siracusa Tour may reject the payment method specified by the user. The user will be informed during the booking process about the payment methods allowed for the respective service.
5.5 With the authorization of payment, the user consents to the use of his payment data for the collection of payments by the creditor. Siracusa Tour reserves the right to make use of the payment function of the Syracuse Tour platform dependent on the verification of the user’s credit rating.
6. Prices charged by Siracusa Tour
6.1 All Syracuse Tour prices are per person, VAT and all other taxes included. Local taxes and / or taxes may apply locally.
6.2 The prices specified by the suppliers may be subject to special conditions, for example with reference to the cancellation and reimbursement of payments made. Users are advised to check carefully, before making the booking, the existence of separate conditions concerning the respective service agreement.
8. Duties and obligations of the user
8.1 The user must keep the registration data (user login and password) secret and not allow third parties to access the Syracuse Tour portal using their registration data. The user is responsible for the use in any form of his account on the Siracusa Tour portal.
8.2 Upon receipt of the service information, the user may send orders to Siracusa Tour to transmit them to the Supplier.
8.3 The user must Syracuse Tour from any claim raised by third parties and based on its use of the Syracuse Tour platform, unless the responsibility is not of Syracuse Tour.
9. Availability and guarantee
9.1 There is no guarantee on the availability, quality, characteristics of the service or on the technical support for the use of the Syracuse Tour platform. It may redesign, limit or suspend its online portal at any time and at its sole discretion. Existing agreements between the user and the supplier, as well as the execution of these agreements, are unaffected by such changes.
9.2 Siracusa Tour gives no guarantee for the correctness or completeness of data made available by third parties (such as suppliers).
9.3 Siracusa Tour gives no guarantee for the services provided by suppliers. The reference person for the user in case of questions and claims related to the service agreement and its execution is the respective supplier.
9.4 On condition that Syracuse Tour has no obligation towards the user, Syracuse Tour assumes no warranty.
10. Responsibility of Siracusa Tour
10.1 If Syracuse has not assumed a contractual obligation deriving from an explicit agreement with the user, the latter is not responsible for the realization of corresponding agreements with suppliers in accordance with the user’s reservation request.
10.2 Without an explicit agreement or warranty, it is not responsible for defects in the provision of the service and / or for material damage or personal injury suffered by the user, in relation to the travel service provided and / or regarding the services provided. If several tourist services were provided (according to the legal term “tourist package”) the previous one does not apply on condition that Syracuse Tour gives the impression, pursuant to art. 651a paragraph 2 BGB (German Civil Code), to provide the travel services concerned under their own responsibility.
10.3 Any responsibility of Siracusa Tour for culpable violation of obligations regarding the intermediation of contracts remains unaffected by the above conditions.
10.4 The Syracuse Tour liability for the user’s contractual claims is limited to the amount equal to three times the price of the tourist service provided, with the exception of:
• Any violation of a cardinal obligation whose fulfillment is essential for the correct execution of the brokerage agreement, or whose violation threatens the achievement of the contractual purpose
• Liability for damage to life, physical integrity and / or health suffered by the user and consequent to a guilty violation of an obligation by Siracusa Tour or its auxiliary.
• Siracusa Tour liability for other damages suffered by the user due to the violation of an obligation for serious fault by Siracusa Tour or due to a violation of an obligation with intent or gross negligence on the part of a legal representative or an assistant of Syracuse Tour.
10.5 Ordinary fault Siracusa Tour is exclusively responsible for the violation of a cardinal contractual obligation and only for a foreseeable and typical damage. Cardinal contractual obligations are those whose fulfillment is essential for the correct execution of the contract and the fulfillment of which the user can regularly rely.
10.6 Restrictions of liability do not apply in the context of the guarantees given, in the event of damage to life, physical integrity or health of the person or within the responsibility of the manufacturer.
11. Resolution
The user can cancel his registration on the Siracusa Tour Portal at any time by blocking his account. Syracuse Tour can cancel a registration unilaterally with a one week notice. The claims previously raised remain unaffected. The right to extraordinary cancellation is reserved.
12. Evaluation function of Siracusa Tour
12.1 Users have the opportunity to influence the contents of the Syracuse Tour platform by writing travel reports in the form of evaluations or by uploading photos (“user content”). Users are solely responsible for the content they have made available, ensure the correctness of the content and ensure that this does not contain misleading or illegal statements and / or details. Furthermore, the user guarantees that the content does not violate the rights of third parties. Siracusa Tour does not make the user content in any case, but simply makes available its platform.
12.2 Syracuse Tour will be able to use the user content in different ways, including the possibility to view it on the website, reformat it, modify it for clarity or for grammatical improvements, embed it in advertisements or other.
12.3 Syracuse Tour may remove or report user content where necessary and at its sole discretion. For example, Syracuse Tour can remove the content of users if violates, in the opinion of Syracuse Tour, the principles of Syracuse Tour for the content. Siracusa Tour is not obliged to keep a copy of the users or to make copies of it available. Siracusa Tour does not guarantee the confidentiality of users’ content.
12. Siracusa Tour and / or its distributors and / or sub-agents may place advertisements and other information in the vicinity of the users’ content on the website or on other media. The user is not entitled to a remuneration for such advertisements. The type and purpose of these advertising measures are subject to change without the obligation to notify the user.
12.5 Users must fully exempt Siracusa Tour and its distributors and / or sub-agents at the first request from any claim raised by third parties (including legal fees) against Siracusa Tour and concerning the content of users made available by the user. The same applies even if the contested content is no longer accessible on the Siracusa Tour platform. However, if Syracuse Tour is not responsible for the legal violation, it does not apply. In case of appeal by a third party, the user must make available to Siracusa Tour immediately, correctly and completely all the information necessary to verify the claims and for the defense.
13. Data protection
13.1 Syracuse Tour collects and uses personal data of users to the extent necessary for the creation, drafting of the content or modification of the terms and conditions of the Syracuse Tour between the user and Siracusa Tour.
13.2 If Syracuse Tour is involved in the communication for a service agreement between the user and the respective supplier, it must transmit the data required for the agreement to the supplier. The supplier processes and uses the data to start, conclude and execute the contract under his own responsibility. The identity of the respective supplier can be found in the booking procedure.
13.3 For any further information, please refer to the Syracuse Tour data protection conditions at the following address: https://www.siracusatour.com/privacy-policy/
14. Modification of these General Contractual Conditions
14.1 Siracusa Tour reserves the right to modify these General Contractual Conditions at any time without having to indicate the reasons. Syracuse Tour will only make changes that affect the user, to which the user will have to consent, in consideration of the interest of both. This concerns, for example, cases of alterations in contractual equivalence, as well as cases of legislative gaps and changes in legislation. The modified conditions will be sent to you by e-mail no later than two weeks before their entry into force. If the user does not reject the validity of the new General Contractual Conditions within two weeks from the receipt of the e-mail, the modified General Contractual Conditions are considered accepted. Siracusa Tour will communicate to the user, with the e-mail containing the modified General Contract Conditions, the importance of said two-week term.
14.2 These General Terms and Conditions may be changed at any time and without notice for future brokerage of contracts with the supplier. The respective terms and conditions apply for each individual contract stipulation.
15. Further provisions
15.1 These General Contractual Conditions represent the only agreement concluded between Siracusa Tour and the user. There are no further agreements.
15.2 The law of the Italian Democratic Republic applies, with the exception of the United Nations Convention on the International Sale of Goods. If users have made a reservation as consumers and at the time of booking their habitual residence is in a different state, the mandatory regulatory provisions of that state shall remain unaffected, regardless of the choice of the applicable law referred to in the previous sentence. The exclusive jurisdiction is Rome, provided that the user is a trader under the German Commercial Code or does not have a permanent residence in Syracuse at the time the legal action is promoted. The mandatory legal provisions regarding the competent court are reserved.
15.3 If one or more of the provisions of these General Terms and Conditions are or become invalid, this is without prejudice to the remaining provisions.
Syracuse Tour
Ronco Menandro n3,
96100 Siracusa,
Italy
III. General Contract Conditions of the Tour Supplier and other tourist services
1. Introduction
Part III of these General Contract Conditions applies to all contracts concluded between suppliers and users via the Syracuse Tour platform. This also applies if access to the Syracuse Tour platform is made through a cooperation partner (sub – agent or distributor).
2. True information
The indications transmitted through the Syracuse Tour Platform must be truthful. The supplier reserves the right to withdraw from the contract, or to exclude users from participation in the service and to request compensation for cancellation costs pursuant to point 11 of part III of the General Contract Conditions of the tour provider and other tourist services, in case of incorrect indications from the user.
3. Arrival at the meeting point and respect for the conditions
Users are responsible for the timely arrival at the communicated meeting point. In case of travel for the chosen activity with departure from abroad it is the responsibility of the user to bring with him the necessary travel documents (passports etc.) and to respect the relevant legal provisions such as health regulations etc.
4. Additional Contractual Conditions
In the event that the supplier in a contract concluded with the users adds to these General Terms and Conditions of the Touring Provider and other touristic services of Part III of the additional conditions regarding participation and transportation or other conditions, the users are responsible for compliance of these additional conditions. The supplier reserves the right to exclude participants from the activity in case of non-observance of these conditions.
5. Binding nature of the request
The contract stipulated between the user, or the user that you have reported, and the supplier enters into force with the acceptance by the supplier of the binding request of the user. When users book an excursion or other activity, they make a binding offer to the supplier to which they or the user indicated by them are bound for five working days. When the supplier accepts the user’s offer within the aforementioned term, the contract enters into force. Users or the user reported by them will receive a confirmation by e-mail.
6. Payments
The total agreed price for the service we provide is due at the time the contract is signed.
7. Right of revocation
The supplier points out that, according to the applicable law, contracts concerning tourist services concluded in distance selling mode (ie through the Syracuse Tour platform) do not include a right of revocation, but merely provide for the right of law to withdraw from the contract and cancel the contract.
8. Self-responsibility for insurance
The price of the service does not include any insurance. It is the user’s responsibility to provide sufficient insurance protection. The insurance coverage requirements depend on the booked activity.
9. Unpaid services
If the users or the user reported by them do not pay for the service booked on the agreed date for payment despite the fact that the supplier is prepared and able to provide the contractual service and there is no legal or contractual right to retention in favor of users or users reported by them, the supplier may withdraw from the contract and ask the users or the user reported by them, the reimbursement of withdrawal costs referred to in point 11.
10. Exchange of messages
All correspondence between users or users reported by them and the supplier must be carried out through the Syracuse Tour platform. In order to facilitate rapid development, we recommend the exclusive use of the modules or messaging channels provided by Siracusa Tour.
11. Guidelines for cancellation
11.1 In case the user cancels an activity, the cancellation conditions indicated in the product description and on the voucher are applied. Siracusa Tour invites the user to carefully read the information given in the product description.
11.2 Excluding that there are no different cancellation conditions in the supplier’s product description, the tourist service provider will apply the following cancellation fees in case of your cancellation:
a) up to 5 days before the start of the activity: full refund
b) later than 5 days before the start of the activity and in case of no-show: no refund
11.3 Users or users reported by them may provide proof that the supplier has not suffered any damage or a damage substantially less than the commission charged by the supplier.
11.4 The supplier reserves the right to request a higher specific reimbursement instead of the aforementioned flat fee, where the supplier can prove that he has incurred costs much higher than the respective flat fee. In this case the supplier is obliged to provide the specific amounts as well as the evidence for the
compensation required also considering the expenses saved and any other use of the service.
11.5 Refund will be made using the same payment method. In case of credit cards with a monthly charge, the amount will be credited at the end of the current billing period. The exact date of the refund depends on the conditions agreed in the user’s credit card contract. Reimbursement by bank transfer will take place within seven working days.
12. Extraordinary cancellation
The supplier can cancel the activity on the agreed date without any warning in the event that meteorological conditions, official measures, strikes or other unforeseeable and unavoidable external conditions (first of all due to force majeure) make the execution of the activity impossible or make it considerably more difficult or put it at risk. In such cases the price paid will be reimbursed.
13. Exclusion from participation
The supplier is authorized to prevent users from joining an activity or to exclude them from an activity in case they do not meet the personal requirements for participation, their participation represents a danger to them or someone else, or their participation in long term made the activity impossible for another reason. The same applies to users reported by them. In such cases the price paid will not be reimbursed.
14. Program changes
In addition, the provider reserves the right to make non-essential changes to the program where necessary for unforeseeable or unavoidable reasons.
15. Further conditions
Further or different conditions can be found in the respective offers.
16. Time zone
The time zone of the supplier is used to calculate the timetable and the deadlines.
17. Responsibility of the tour provider or tourist service
The supplier is responsible for his services in accordance with applicable law, and liability is excluded where permitted by applicable law.
18. Modification of these General Contractual Conditions
These General Terms and Conditions of the Touring Provider and other touristic services of Part III may be modified at any time and without notice for future bookings. The respective terms and conditions apply for each individual reservation. The user does not have the right to demand the application of the existing Conditions even in case of future bookings.