This page (and all the documents contained and referred to in it) contains the terms and conditions through which we provide the tickets indicated on our website www.stresaborromeatours.com (“our site”) to the user. Please read these terms and conditions carefully before you start using our site. By purchasing a service from us, you consent to be bound by these terms and conditions.
We encourage you to save or print a copy of these terms and conditions for any future reference.
1.INFORMATION ABOUT OUR COMPANY
www.stresaborromeatours.com is the web site of the company STRESA BORROMEA TOURS with head office in Stresa, 28838 (VB) in Via Dante Alighieri nr. 6 C.F. PLTDGI81H11B019M P.IVA 02655930036
2.CONCLUSION OF THE CONTRACT BETWEEN YOU AND US AND YOUR STATUS
2.1 After you have made a purchase, you will receive an email confirming that we have received your order. Please note that this email does not yet indicate that your order has been accepted. Your order represents an offer to purchase a ticket from us. All purchases are subject to our acceptance and will be confirmed by an email sent to you as confirmation that your purchase has been successful (“Dispatch Confirmation”). The contract (“Contract”) will only be formed when we send you the dispatch confirmation email. This e-mail will contain the official ticket to be presented to the person responsible for boarding.
2.2 The Contract shall apply only to Tickets whose purchase has been confirmed. We shall not be obliged to provide any additional tickets as part of the purchase until such tickets have been confirmed separately.
2.3 By making a purchase on our Website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are a “consumer” (any natural person who, in the course of business, is acting for purposes which are outside his or her trade, business or profession); and
(c) be at least 18 years of age.
3.RISK AND OWNERSHIP
3.1 Tickets shall be your responsibility from the time of dispatch.
3.2 Ownership of the Tickets shall pass to you when all sums due are received by us.
4.PRICE AND PAYMENT
4.1 The price of Tickets will be as set out on our Website and is subject to change at our discretion without notice.
4.2 In compliance with the official notice issued by the Municipality of Stresa, there is a landing fee for all persons landing on the Borromean Islands. The boarding fee is not included in the price of the tickets. The cost of this fee is € 0.50 per person per island. The cost of the fee for the 2-island tour will be €1.00 per person, while the cost of the fee for the 3-island tour will be €1.50. For children between 0 and 6 years old, the landing fee is free of charge.
4.3 In rare cases, the price of a service listed on our website may be incorrect. We are committed to rectifying such errors as soon as possible, and in the event that we are unable to identify such an error prior to the purchase request, we will notify you of the correct price before payment is made.
4.4 Prices are subject to change at any time, but such changes will not affect orders for which we have already sent a purchase confirmation.
4.5 We are under no obligation to provide you with a service at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the error is obvious and undoubted and could reasonably have been recognised by you as a pricing error.
4.6 If we are unable to accept your order, we will, at our option, either not charge your credit or debit card or refund the full amount of that order.
4.7 Payment for all Services must be made by PayPal or bank transfer. We do not accept any other method of payment.
4.8 By making a purchase through our website, you represent and warrant that the payment details you provide in your order are valid and correct and that following acceptance and processing by us of your order, payment will be made in full.
4.9 By providing us with the relevant information, you authorise us to transmit or obtain, from time to time, from relevant third parties, information including (but not limited to) your name, address, telephone number, credit/debit card or credit reports, data to authenticate the identity and delivery address of the product(s), to validate the card used for payment and to obtain authorisations for payments for the product(s).
6.RIGHT OF WITHDRAWAL
6.1 If you enter into a contract as a consumer (“consumer” is defined in clause 2.3(b) above), you have the right, in accordance with the Consumer Protection (Distance Selling) Regulations 2000 (as amended), to withdraw from the contract at any time within fourteen working days, beginning on the day after you receive your tickets. In this case, you will receive a full refund of the price paid for the products (including the initial delivery charges subject to all customs duties and taxes paid and for which you have not received a refund) in accordance with our terms and conditions of return in clause 7 below.
6.2 You must take reasonable care of the Tickets while they are in your possession. If you fail to comply with these obligations, we may refuse to accept the cancellation described in clause 6 and/or take action to obtain compensation.
6.3 In the event of severe bad weather and/or prohibitive conditions, we reserve the right to cancel the tour. In this case, there will be no refund of the price of the tickets, but we will ensure maximum availability to carry out the service by the end of the season.
6.4 In the case referred to in 6.3, the ticket is only refundable if the customer is not actually able to take part in the service at a later date. The eventual refund remains at the discretion of Stresa Borromea Tours.
6.5 The cancellation of the service can be made within 48 hours from the selected date.
Applicable laws require that certain information or communications be sent to you in writing. By accessing our website, you agree to communicate with us primarily by electronic means. We will contact you via email or notices posted on our website. For contractual purposes, by accessing this website you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications provided by us electronically comply with the legal requirement that communications be in writing. This condition does not affect your statutory rights.
All messages sent by you to us should be addressed to STRESA BORROMEA TOURS with registered office in Stresa, 28838 (VB) in Via Dante Alighieri nr. 6 or by e-mail at email@example.com. We may acknowledge receipt either by e-mail or by the postal address you provide when placing your order, or in any of the ways specified in clause 7 above. Notice will be deemed to have been received and properly served at the same time as it is posted on our website, 24 hours after it is sent by email, or 3 days after the date of posting of any letter. To confirm that the notice has been served, it will be sufficient to check, in the case of a letter, that it bears the correct address, has been properly stamped and duly posted at the post office or mailed in a letterbox and, in the case of an e-mail, that it has been sent to the e-mail address specified by the recipient.
9.ASSIGNMENT OF RIGHTS AND OBLIGATIONS
9.1 The contract between us and the user is binding on both us and the user as well as on our respective successors and transferees.
9.2 You may not transmit, assign, register or otherwise transfer a contract or your rights or obligations arising therefrom without requesting and obtaining our prior written consent.
9.3 We may pass on, assign, register and sub-contract or otherwise transfer a contract or our rights and obligations under it at any time during the entire term of the contract.
10.EVENTS BEYOND OUR CONTROL
10.1 We will not be liable for any failure to perform or delay in performing our obligations to you due to events beyond our control (“force majeure event”).
10.2 “Force Majeure Event” means any act, event or failure to occur, omission or accident beyond our reasonable control, including (without limitation):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) inability to use the railways, shipping system, aircraft, motor transport or other means of public or private transport;
(e) inability to use public or private communication networks;
(f) acts, decrees, legislation, rules or restrictions of any government.
10.3 Our work will be suspended for the duration of such an event and we will be given additional time to perform the Service. We will use reasonable endeavours to terminate the force majeure event or to find a solution that allows us to fulfil our obligations to you despite the force majeure event.
10.4 Should the service be cancelled as a result of one of the above events, the ticket you have purchased will remain valid for the entire season and the service will be provided at all times within that season. We offer maximum availability in this respect.
11. GENERAL PROVISIONS
11.1 Our failure to insist upon strict performance of any of your obligations under these terms and conditions, or our failure to exercise any rights or remedies under these terms and conditions, shall in no way constitute a waiver of such rights or remedies and shall not relieve you of the obligation to perform such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any future default.
11.3 No waiver by us of the performance of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 7 above.
11.4 If any provision of these terms and conditions is held by any competent authority to be void, unlawful or unenforceable to any extent, such term, condition or provision shall, to that extent, be severed from the other terms, conditions and provisions, which shall remain in force to the fullest extent permitted by law.
12. COMPLETENESS OF THE CONTRACT
12.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us and you in relation to the subject matter of the contract and supersede any prior covenant, agreement or promise made between us and you orally or in writing.
12.2 We and you acknowledge that we have entered into this contract without relying on any representation, undertaking or promise made by the other party or that could be inferred from any statement or written communication in negotiations between the two parties prior to this contract except as expressly set out in these terms and conditions.
12.3 We intend to rely on these terms and conditions and any document to which they refer in respect of the subject matter of any contract. Whilst we accept responsibility for such representations and statements made by our duly authorised representatives, please ensure that you request that any changes to these terms and conditions are confirmed in writing.
13. RIGHT TO VARY THESE TERMS AND CONDITIONS
13.1 We reserve the right to vary these terms and conditions from time to time to reflect changes in market conditions affecting us, changes in technology, changes in payment methods, changes in the requirements of laws and regulations and changes in management capacity.
13.2 You will be subject to the terms and conditions in force at the time you order items from the Website, unless changes to these terms and conditions are required to be made by law or governmental authority (in which case the changes may apply to orders you have previously placed), or you have been advised of the changes to these terms and conditions before we send you a dispatch confirmation (in which case we will be entitled to assume that you have accepted the changes to the terms and conditions unless you have advised us otherwise within seven working days of receipt of the products)
14. APPLICABLE LAW AND COMPETENT COURT
Contracts for the purchase of products through our website or any dispute or claim arising out of or relating to such contracts or the subject matter or form thereof (including non-contractual claims and disputes) shall be governed by Italian law. Any controversy or claim arising out of or relating to such contracts or their form (including non-contractual claims and disputes) shall be subject to the exclusive jurisdiction of the Italian courts.