Before making the purchase, the Customer declares that he/she has carefully read and accepted the following terms and conditions; for questions regarding the terms and conditions, please send an e-mail to our customer service:

• tourinbattello@itinera.info

These Terms and Conditions regulate the offer and sale of activities (as defined below) on www.tourinbattello.livorno.it or other web addresses such as www.itinera.info that redirect to that site.

The service is offered by Coop Itinera Progetti e Ricerche, with head office in Livorno Via Borra 35, VAT no. 01170260499 registered in the Livorno companies register, registration no. 01170260499, REA number LI -103766, tel. +39 0586 894 563, pec. postmaster@pec.itinera.info

Definitions

• Coop Itinera Progetti e Ricerche: Service provider and operator of the website www.tourinbattello.livorno.it hereinafter referred to as the cooperative or Itinera or also www.tourinbattello.livorno.it;
• Website or Platform: refers to the website at www.tourinbattello.livorno.it and its software;
• Customer: "Customer" is defined as the physical or legal entity that makes purchases or bookings through the website www.tourinbattello.livorno.it and on other web addresses that redirect to the same site, or in any case the physical entity that will make use of the activities purchased.
• User: "User" is defined as the natural or legal person who visits and navigates the website www.tourinbattello.livorno.it;.
• Activities: "Activities" are defined as Tours, Services or Products for sale on www.tourinbattello.livorno.it. Hereinafter referred to as Activities, Tours, Services or Products;
• Information sheet: page on our website www.tourinbattello.livorno.it containing all the details and policies pertaining to the selected activity.
• Relationship: the relationship established between the Manager and the Customer by virtue of these terms and conditions;
• Services: the services of nautical tourism and the organisation of related events, as better described in these general conditions. In particular: the organised and pre-arranged "regular" private tour service with boat driver; the customised private tour service with boat driver. The Manager reserves the right to extend its range of Services in any case;
• General Terms and Conditions: these General Terms and Conditions, by which the Relationship is regulated;
• Accessory Services: any other service, activity, resource and/or tool, free of charge or for a fee, provided as an accessory to the Services, other than and in addition to the Services themselves;
• Reservation Form: the form through which the Customer books and applies for the Services in accordance with these General Terms and Conditions;
• Contract: the contractual whole that regulates the entire relationship between the Manager and the Client and consists of the General Terms and Conditions and the Booking Form;
• Boat: means of transport made available by the Manager, owned by the Manager, for the purpose of performing the Services;
• Order: the proposal for reservation and purchase of the Service made by the Customer through the procedures of the Site;
• Electronic Commerce: a particular mode of commerce, governed in Italy by the Consumer Code and the E-Commerce Decree, whereby the two contracting parties, e.g. the seller and the buyer in a sales contract, conclude the contract at a distance using information society services (in particular the Internet) without their simultaneous physical presence;
• Consumer Code: The Consumer Code, governed by Legislative Decree No. 206 of 6 September 2005, as amended and supplemented;
• E-commerce Decree: The implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce, regulated by Legislative Decree No. 70 of 9 April 2003 and subsequent amendments and additions;
• Privacy Code: the Personal Data Protection Code, governed by Legislative Decree No. 196 of 30 June 2003 and amended by Legislative Decree 101/2018;
• Informativa Privacy: l’informativa privacy, redatta in ottemperanza agli 13 e 14 del Regolamento UE 2016/679 (GDPR) e del D.Lgs. 196/03 (Codice Privacy) come riformato dal D.Lgs. 101/2018.

The Definitions form an integral and substantial part of these General Terms and Conditions.

Subject matter of these General Terms and Conditions

These General Terms and Conditions govern the general rules of the Services offered by the Manager to Customers, including through the Website.

The Manager is the sole owner of the Site and therefore through it the Customer enters into a relationship of service provision exclusively with the Manager himself, unless otherwise specified in these General Terms and Conditions.

The Customer accepts these General Terms and Conditions when requesting one of the Services via the Booking Form.

The Customer is requested to read these General Terms and Conditions before registering and/or before carrying out any operation, to print them out and to retain them.

Registration

Registration is not required in order to access the Services.

Should the Site require the Customer to register, registration coincides with the opening of an account and can be done at any time. To proceed with registration, the Customer must follow the procedure laid down on the Site.

The registration procedure enables the Manager to guarantee the personality of the account and try to avoid abusive registrations.

By registering, the Customer expressly accepts these General Terms and Conditions.

The Customer, in filling in the registration form or the form for purchasing the service, guarantees in each case the completeness, correctness and truthfulness of the data provided. In particular, the Customer guarantees to:

1. be of legal age and capable (if under age, registration, data entry and the purchase procedure must be carried out by a parent or adult);
2. meet the requirements at the time of registration or order;
3. be the lawful owner of the data entered, which shall be deemed true, correct and up-to-date;
4. observe all legal and contractual provisions applicable to the relationship with the Manager;
5. undertake to respect the provisions laid down in national legislation with particular reference to rules of a mandatory nature, public order and morality;
6. not transfer their credentials to third parties.

The Provider reserves the right not to accept a registration or order request, as well as to remove a Customer in all cases in which abuse, irregularities, impropriety and the like may be detected.

The Customer is solely responsible for access to the Site using his or her Credentials and is liable for all operations carried out on the Site using those Credentials.

All data communicated by Users to the Manager will be processed in compliance with EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the Information Notice on the Site and accessible at the following link www.itinera.info/privacy-policy.

The e-mail address provided enables the Manager to notify the User of all messages relating to the Services.

Use of social profiles

As an alternative to the above-mentioned procedures, a registration procedure on the Site may be available via a Customer profile already active on a social network.

In this case, by using this procedure, the Customer consents to the creation of a link between the Site and his profile, with the consequent transmigration of a series of data between these two resources, according to the Privacy settings established by the User.

In any case, the rules on the registration procedure set out above will apply to this type of registration, insofar as they are compatible.

Method of requesting Services

In order to request the Services, the Customer must complete the appropriate Reservation Form in all the required parts and tick the relevant boxes for acceptance and request for consent, where applicable. The Form must be completed and sent in the appropriate form that can be found on the Manager's website www.tourinbattello.livorno.it or in the different manner that the Manager will indicate and make available.

The Booking Form constitutes a contractual proposal addressed by the Client to the Manager concerning the request for booking and use of the Services, in accordance with and subject to the provisions of these General Terms and Conditions.

For the Services described in point B., once the Reservation Request has been received and all other conditions have been verified, the Manager reserves the right to accept said request and, if so, confirms it to the Customer.

In cases of abuse, the Provider reserves the right not to accept the booking and/or to delete the Customer's profile.

Services

The Services offered by the Manager are as follows:

A) "REGULAR" TOUR SERVICE WITH A GROUP DRIVER (WITH ORGANISED DEPARTURES)

The Manager organises and offers private group tours with a boat driver, with conditions relating to the number of people, place, date, duration of the tour, departure point, and boat already pre-arranged.

In such cases, the Customer may book the Tours already organised and indicated from time to time on the Website until the number of places available for each is exhausted.

B) CUSTOMISED GROUP TOURS WITH DRIVER

The manager organises and offers private group tours with a boat driver, customised according to the group's requests.

Extra services on board: in such cases the Manager offers the following possibilities to customise the tour with a series of extra services provided directly on board the boat: flowers, snacks, food and drinks, live music, photographer, Polaroid on board; or with the addition of additional guided tours during the route (visit to the Old Fortress, the Covered Market, the City Museum, etc.)

The Customer must indicate in detail the type of extra services requested, when completing and sending the Booking Form, or by e-mail to the address indicated on the Website.

Once the Booking Form has been sent, the Manager will check availability and if so, will send a confirmation e-mail to the Customer with the quotation. In this case, the contract shall only be concluded upon payment and simultaneous acceptance of these Terms of Service.

Fee for Services

The fee provided for each Service is as follows:

A) "REGULAR" GROUP TOUR SERVICE WITH DRIVER (WITH ORGANISED DEPARTURES)

The fee for this Service depends on the type of tour requested. In such cases, the price of each tour is indicated directly in the explanatory sheet dedicated to it and present on the Site;

B) CUSTOMISED PRIVATE TOURS WITH DRIVER

The fee for this Service depends on the type of tour requested and the Extra Services requested by the customer during the booking process, in the Booking Form. The cost of the tour and of the various Extra Services is indicated in the Explanatory Sheet dedicated to it. Once the Reservation Form has been sent, the Manager checks availability and if so sends a confirmation e-mail to the Customer.

Procedure for Booking and Purchasing Services

The Customer may purchase all the Services offered by the Manager and present within the Site, illustrated and described in the respective information sheets.

The publication of the Services on the Site constitutes an invitation to the Customer to make a contractual proposal to purchase and implies full knowledge and acceptance of these General Terms and Conditions.

The purchase procedure is indicated on the Site. To conclude the contract, the Customer must fill in the Booking Form in electronic format and send it to the Manager electronically, following the relevant instructions.

The Booking Form contains a cross-reference to these General Terms and Conditions containing a summary of information on the essential characteristics of each Service ordered and its price (including all applicable taxes and duties), the means of payment and the manner in which the Service is provided.

The reservation or purchase of the Service is considered to have been made at the moment of the validation 'click' by the Customer.

For the Services referred to under B. above, acceptance of the reservation by the Manager shall take place by sending a confirmation e-mail to the e-mail address provided by the Customer.

Payment Methods

When sending the Reservation Form, the Client shall pay the Manager the price for the specific tour chosen.

If there is a prior exchange of e-mails between the Provider and the Customer, the latter shall make the payment at the time of confirmation of the reservation and purchase of the chosen Service.

The following payment methods are available:

• Paypal: to be made using the tools proposed on the Site;
• Credit Cards and Prepaid Cards: it is possible to make purchases using credit cards and prepaid cards, subject to what is indicated on the Site and subject to the payment circuits accepted;
• Payment in cash at the time of the tour in case of request for extra services directly on site.

It is noted that for transaction security the system uses the PayPal payment gateway for all online payments. With PayPal, customers can pay using PayPal, credit and debit cards and other locally accepted payment methods.

Non-payment

In the event of non-payment of the deposit, the Service shall not be considered booked and purchased.

In the event of non-payment of the balance without a justified reason, the Customer shall not be entitled to use the chosen Service and the Manager shall be entitled to retain the sum paid as a deposit.

For further information, please see the Cancellation Policy of these General Terms and Conditions.

Warranties

The Manger warrants that it has all the necessary authorisations and licences for the purpose of performing the Services.

The Manager also warrants that he has expertise and experience in the field and performs the Services by means of suitable and properly inspected boats.

The Manager undertakes to provide the Customer with a Content Service in accordance with what is described on the Website, in the tour information sheet or any other information or description provided by the Manager.

Right of withdrawal

Given the nature of the Service, there is no right of withdrawal for the Customer.

For all matters concerning the cancellation policy, please refer to the 'Cancellation Policy' section below.

Cancellation policy

It is possible for the customer to cancel the booked tour in the following ways and terms.

• If the cancellation is made up to 48 hours before the scheduled tour date, no cancellation fee will be charged and the amount paid will be fully refunded by the Manager;
• If the cancellation is made up to 24 hours before the scheduled tour date, an amount equal to 50% of the total amount will be retained by the Manager;
• In the event of cancellation with less than 24 hours notice prior to the tour, or in the event of no-show, the Manager shall retain the full amount.

In the event of bad weather, the tour may be postponed or cancelled. In the latter case, the decision to cancel the tour will be made by the boat drivers, who will assess the weather and sea conditions. This assessment can also be made on the day the tour is scheduled to take place.

• In the event of cancellation due to bad weather, the Manager will make a full refund of the amount paid.

Without prejudice to the foregoing, the Manager reserves the right to cancel scheduled tours, giving the Customer due notice, in all cases where there are issues relating to passenger safety, fortuitous events and/or force majeure beyond the Manager's control, and where the Manager is prevented from providing the requested Service due to causes beyond his control.

Industrial and Intellectual Property

The Customer undertakes to maintain the utmost confidentiality on the Manager's procedures, working methods, information and know-how in general.

All trademarks and other distinctive signs, and in general all industrial and intellectual property rights relating to the Manager or the Site or the Service are reserved exclusively for the Manager and the Customer undertakes not to use them in any way outside the scope of the Service.

Express termination clause

The Contract shall be rescinded by right, pursuant to and in accordance with Article 1456 of the Civil Code, in all cases of serious breach by the Customer of the provisions of these General Terms and Conditions and in particular of the following:

• Breach of payment obligations under Articles 7, 8 and 9;
• Infringement of industrial and intellectual property rights under Art. 14;
• Performance by the Customer of any unlawful activity or any activity that circumvents the provisions of these General Terms.

General Rules

Everyone can participate in our activities.

All persons under the age of 18 must be accompanied by their father, mother or guardian. They may also participate by presenting a note signed by one of the above-mentioned persons in which they clearly and unequivocally express their willingness to authorise them to take part in this excursion.

Each passenger has the freedom to take any type of personal item with him/her during the excursion, provided that it does not threaten the safety of him/her and/or the rest of the crew, or against morals and good customs . The manager is not responsible for the loss, breakage, theft or theft of any of these elements. The boat driver has the power to stop and/or not carry out the tour if they believe that any of the items carried by the passengers may cause material or personal damage to themselves or to the persons accompanying them during the tour.

Exemption of liability of the Manager

The Manager is not liable:

• for any prejudice resulting from the use of the Services by the Customer in a manner contrary to the provisions of the Contract and/or the further instructions provided;
• for any prejudice resulting from the suspension of the Services;
• for the failure or improper functioning of the Services on specific platforms that are not compatible or for which proper functioning is not otherwise guaranteed;
• for any damage resulting from unforeseeable circumstances or force majeure or from events dependent on the acts of third parties or in any case not attributable to the Manager.
• for personal injury, illness, damage to property or any other loss (direct or indirect) or expense incurred by the Customer in connection with the service unless such loss is due to the gross negligence or gross default of the Operator.
• for any failure or delay in the performance of its obligations resulting directly or indirectly from any cause or circumstance beyond its reasonable control. Without limiting the generality of the foregoing, the following shall be deemed to be such circumstances: outbreak of hostilities, riots, civil disturbances, acts of terrorism, revolutions, acts of any government or authority (including but not limited to the refusal or revocation of any licence or permit), fire, flood, epidemic, lightning, explosion, fog or bad weather, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), refurbishment work undertaken by the supplier accommodation, strikes, lock-outs or boycotts, blockades.
• for loss or falling in water of goods and personal items and for any damage due to accidental falls.

Changes to these General Terms and Conditions

The Manager reserves the right to change the content of these General Terms and Conditions: the relationship shall be governed by the text of the General Terms and Conditions published on the Manager's website at the time the Customer sends his request to use the Services. Updates shall be indicated in the header of the text with the date of last update.

The Customer is therefore invited to expressly read the text of these General Terms and Conditions always before sending the request to use the Services.

Failure to exercise a right

The non-exercise of a right by the manager does not constitute a waiver of the right to take action against the customer or third parties for breach of obligations.

The Manager therefore reserves the right to assert his rights in any case, within the time allowed.

Processing of personal data (Privacy)

The processing of the Customer's personal data by the Manager shall be regulated by separate and appropriate documentation.

Applicable Law

The General Terms and Conditions and the Services described therein shall be governed exclusively by Italian law, the European Union regulations and the International Conventions that have effect and are recognised in the Italian Republic.

All Services and information contained in the Site are rendered in the Italian language, without prejudice to the possibility of other languages.

Jurisdiction and competent court

Without prejudice to the foregoing, for any dispute concerning the interpretation, execution and termination of these General Terms and Conditions and the ensuing relationship, pursuant to applicable law, the Italian Judicial Authority shall have exclusive jurisdiction and the Court of Livorno shall have exclusive jurisdiction.

This is without prejudice to any exclusive and mandatory jurisdiction and competence provided for in the sectoral legislation.

Communications

Any communication between the Parties shall be considered valid and effective if it is made to the addresses indicated in the Application Form or in these General Terms and Conditions or to those subsequently changed and communicated to the other party at its last known and valid address.

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