info@touringfixer.com info@touringfixer.comTOURING FIXER GENERAL CONTRACTUAL CONDITIONS
Rome, 05/09/2022 V 3.0
These General Contractual Conditions are divided into:
TOURING FIXER S.R.L. (hereinafter also “Touring Fixer”), in order to offer an intermediary service, will make this booking platform (i.e., the Website) available to users and suppliers of guided tours, excursions or tourist services.
Furthermore, TOURING FIXER S.R.L. will make the platform available to certain cooperation partners (sub-agents, distributors) for booking the supplier’s tourist service. 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 TOURING FIXER S.R.L.
Contracts concerning tourist services must be stipulated directly between the users of the platform and the suppliers of tourist activities. In the event of a user’s booking through a partner connected platform or a booking by a sub-intermediary on behalf of a user through a connected partner platform, the relevant contract will be entered into directly between said user and the supplier. With regard to the tourist services offered on this booking platform, TOURING FIXER S.R.L. it is not a contractual party.
I Touring Fixer’s Website Terms of Use
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 TOURING FIXER S.R.L., Via del Crocifisso 51, zip 00165 Rome, Italy.
You can contact us by e-mail (https://www.touringfixer.com/contact/) or by phone at the following numbers: Italy: +39 (0) 388 5752328: All bookings made through the platform are subject to the General Contractual Conditions by TOURING FIXER S.R.L. as well as those of the tourist activity provider.
These Terms of Use (hereinafter referred to as “Terms of Use”) together with our privacy policy (hereinafter referred to as “Privacy Policy”) apply to any use of the Website https://www.touringfixer.com/ . Users of the Website (“users” or “you”) may only use it on condition that they have read and understood the Privacy Policy and have accepted the Terms of Use. Any further use of the Website or any part of it will mean that they have read and understood the Terms of Use and the Privacy Policy and agreed to be bound by any part of the Terms of Use.
The information on this Website is intended for informational purposes only. This information does not constitute a binding offer for TOURING FIXER S.R.L. Binding agreements with the suppliers of activities available on the Website require a booking request through the Touring Fixer platform and the acceptance of the booking request by the supplier pursuant to the General Contractual Conditions of TOURING FIXER S.R.L.
TOURING FIXER S.R.L. tries to ensure the correctness of the information reported on or through the Website. Nevertheless, it does not give any guarantee, either in express or implied form, on the correctness, completeness, topicality, reliability or suitability for any purpose of the aforementioned information, nor in relation to anything else (including information of any kind provided by third parties). TOURING FIXER S.R.L. is free to modify or release updated versions of the website based on the need for technological adaptation, graphic design or information content of the site with infra-annual frequency. TOURING FIXER S.R.L. it may also block users from accessing the Website or certain parts of it, or allow access only under certain conditions. TOURING FIXER S.R.L. makes no warranties, express or implied, regarding the availability of the Website or its functions, or regarding the possible presence of defects, viruses or other harmful software. Furthermore, TOURING FIXER S.R.L. does not give any guarantee that the information available on the Website has not been altered due to technical defects or by authorized and non-authorized third parties, for example a malfunction by Internet connectivity providers or hosting services.
TOURING FIXER S.R.L. excludes its own responsibility, and that of its independent agents and collaborators as well as the employees and representatives of TOURING FIXER S.R.L., their independent agents and collaborators, as well as their sub-agents and distributors, for damages related to the access of Users (or inability to access) to the Website, or for any errors or omissions, 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 damage caused with willful misconduct or gross negligence to the extent provided for by applicable law. Without prejudice to the guarantees relating to the insurance policy signed by TOURING FIXER S.R.L. as per law.
TOURING FIXER S.R.L. is not responsible for the content provided by third parties (including all activities subject to booking and information relating to such activities) that may be available through the Website, as well as for the content linked or related to the Website or from the Website to other websites. TOURING FIXER S.R.L. does not recommend or endorse such content and will have no liability relating to it. In case of links from the TOURING FIXER S.R.L. to third parties, users will use such websites at their own risk. It is advisable to examine the policies of these websites and to verify the way in which they process personal data. If users believe that there is illegal content on the Website, they are requested to contact us via the following contact form: https://www.touringfixer.com/contact/
TOURING FIXER S.R.L. grants users the non-exclusive, non-transferable, non-eligible for sub-licensing, revocable, royalty-free, worldwide right to use the Touring Fixer App pursuant to these General Conditions of Use and provided that Users always use it in compliance with these General Conditions of Use. Users may (i) use the Touring Fixer 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 Touring Fixer App and / or make only the number of backup copies of the App necessary for its legitimate use. Users may not (iii) allow third parties to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or correct errors in the Touring Fixer App or parts of it, (iv) rent, lease, sub-license or loan the App and / or documentation connected to it or translate, merge, adapt or modify it, (v) disassemble, decompile, reverse engineer or create derivative works of the Touring Fixer App or parts of it or attempt to perform the aforementioned activities.
In the relationship between users and TOURING FIXER S.R.L., the Website is and will be protected by copyright and / or other intellectual property rights (including the protection rights granted by the regulations on unfair competition). Users will not acquire any rights relating to the Website or relating to names, commercial names and / or distinctive signs of any kind (including trademarks) published on the Website. They will be able to access and view the Website, however they will not be able to incorporate it into other sites. web and copy, submit, license, publish, download, upload, send, or make it in any perceptible way without our prior written permission.
TOURING FIXER S.R.L. may modify these General Conditions of Use at any time and with immediate effect. In the event of changes made by us, they will apply from the date of their publication on the Website. Users will be able to find out the updated version by consulting this section. Any further use of the Website following a modification is equivalent to the consent of the users to the same modification.
In the event of a dispute over the sale of goods, if this arises between European citizens, Italian law is applied, if it arises between non-EU citizens, reference will be made to the United Nations conventions. In any case, the competent court is the court of Rome.
2. Contractual Conditions TOURING FIXER S.R.L., Rome (Touring Fixer intermediary)
1.1 TOURING FIXER S.R.L., manages an intermediation platform for tourist activities in the form of an online offer via the internet and App (hereinafter collectively referred to as the “Touring Fixer Platform”). On the Touring Fixer Platform, users have the possibility to search and book excursions, activities and experiences all over the world. The online offer includes excursions and guided tours, cooking classes, bus tours, boat trips, entrance tickets to tourist attractions and other services. The offers are placed online by numerous suppliers (hereinafter referred to as “Suppliers”) with whom the respective tourist services contract (“service agreement”) is stipulated. The services offered by the supplier are accessible through the Touring Fixer Platform, where reservations can be made.
1.2 TOURING FIXER S.R.L. it is available to both consumers and businesses. Pursuant to these General Contractual Conditions, the following applies:
These General Contractual Conditions apply to any use of the Touring Fixer Platform, for example via the internet or App. The contractual relationship between the user and TOURING FIXER S.R.L. in general, it exclusively includes the assignment of users to the respective provider or the transfer of user data made available by a sub-agent. TOURING FIXER S.R.L. does not act as organizer, lessor, seller or other contractual party in relation to the service agreement with the user. Consequently, part II of the General Contractual Conditions of TOURING FIXER S.R.L. applies to offers on the Touring Fixer Platform and to the assignment of users to the supplier. Part II of the General Contractual Conditions applies to the use of the Touring Fixer Platform by cooperation partners (sub-agents or distributors), subject to special contractual agreements entered into 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.
3.1 In general, the use of the Touring Fixer Platform offer can be carried out anonymously.
3.2 Certain types of use of the Touring Fixer Platform such as booking require registration. During registration, the user sends an electronic registration form and agrees to the General Contractual Conditions. Registration with TOURING FIXER S.R.L. ends only when a confirmation has been sent to the e-mail address specified by the user. Individuals must be 18 years of age or older to be able to register. The user must keep the password he has set and take appropriate precautions to prevent third parties from becoming 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’s account is not transferable.
4.1 After the user has entered the desired parameters on the Touring Fixer Platform (for example travel destination, type of excursion, date and time of departure, number of participants and price options), TOURING FIXER S.R.L. will show the user information on the provider’s services (“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, a sub-intermediary acts on behalf of the reported user. This occurs after selecting the desired service and transferring it to the cart, by clicking on the “Confirm and book” button.
4.2 The user is bound by his offer for a period of five working days. For further information, please consult point 5 of the General Contractual Conditions of the Provider of tours and other tourist services referred to in part III.
4.3 TOURING FIXER S.R.L. notifies the user of the supplier’s conditions of transport and trade regarding his contractual relationship with the user and his 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 take an action or to exclude it if he does not comply with the Conditions. In this case, the price paid will not be refunded.
4.4 TOURING FIXER S.R.L. will deliver to the user a booking confirmation issued in the name and on behalf of the supplier as well as a confirmation of payment. The use of the Touring Fixer Platform is in itself essentially free for the user. The costs for technical access to the Touring Fixer Platform (for example internet access) are borne by the user. TOURING FIXER S.R.L. is authorized to collect the invoiced amount in the name and on behalf of the supplier.
4.5 TOURING FIXER S.R.L. forwards to the user the data necessary for the use of the supplier’s service in accordance with the applicable conditions (for example data regarding the ticket) once received by the supplier.
4.6 TOURING FIXER S.R.L. does not guarantee either the correctness of the data forwarded or the provision of services by the supplier, as all the information indicated and forwarded is based on data from suppliers or third parties and cannot be verified in detail by TOURING FIXER S.R.L.
5.1 The price paid by the user for the supplier’s services is subject to the service agreement concluded with the supplier.
5.2 TOURING FIXER S.R.L. is authorized to collect the invoiced amounts in the name and on behalf of the supplier, unless there are different and explicit indications reported on the supplier’s invoice. In the event that the user must make payments in a currency other than his national currency (payment required in a foreign currency), TOURING FIXER S.R.L. may request payment in the user’s national currency and the request for payment in foreign currency may be converted on the basis of the exchange rate in force at the time of signing the contract. TOURING FIXER S.R.L. may require the user to pay an adequate contribution for the conversion.
5.3 With reference to the service agreement and its payment, the respective supplier is the contractual counterparty and contact person for the user. The user can only ask the respective supplier to reimburse a payment. A refund granted by the supplier can also be made by the latter through TOURING FIXER S.R.L .. In order to make the process easier for the user, we recommend communication via the Touring Fixer Platform.
5.4 In order to use the TOURING FIXER S.R.L. payment function, the user must register. The user must enter correct information regarding the payment and update the details immediately in the event of a change. TOURING FIXER S.R.L. 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 the payment, the user consents to the use of his payment data for the collection of payments by the creditor. TOURING FIXER S.R.L. reserves the right to make the use of the payment function of TOURING FIXER S.R.L. dependent from the verification of the user’s credit rating.
6.1 All Touring Fixer prices are per person, and all taxes included. Local taxes and / or fees 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 refund of payments made. Before making a reservation, users are advised to carefully check the existence of separate conditions concerning the respective service agreement.
7.1 It is the intention of TOURING FIXER S.R.L. make the user pay the lowest possible price for the respective service.
7.2 All special offers and promotions are marked as such.
8.1 The user must keep the registration data secret (user login and password) and not allow third parties to access the Touring Fixer portal using his registration data. The user is responsible for the use in any form of his account on the Touring Fixer portal.
8.2 Once the information on the service has been received, the user can send orders to TOURING FIXER S.R.L. in order to transmit them to the Supplier.
8.3 The user must exempt TOURING FIXER S.R.L. from any claim raised by third parties and based on its use of the Touring Fixer platform, unless the responsibility lies with TOURING FIXER S.R.L.
9.1 There is no guarantee on the availability, quality, characteristics of the service or technical support for the use of the Touring Fixer platform. TOURING FIXER S.R.L. 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 such agreements, remain unaffected by such changes.
9.2 TOURING FIXER S.R.L. does not give any guarantee for the correctness or completeness of data made available by third parties (such as suppliers).
9.3 TOURING FIXER S.R.L. does not give any guarantee for the services provided by the suppliers. The person of reference for the user in case of questions and claims related to the service agreement and its execution is the respective supplier.
9.4 Provided that TOURING FIXER S.R.L. has no obligation towards the user, TOURING FIXER S.R.L. assumes no warranty.
10.1 If TOURING FIXER S.R.L. has not assumed a contractual obligation deriving from an explicit agreement with the user, the same is not responsible for the implementation of corresponding agreements with suppliers in accordance with the user’s booking request.
10.2 Without an explicit agreement or guarantee, TOURING FIXER S.R.L. 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 excursion, guided tour or travel service provided and / or relating to the services provided.
10.3 Any liability of TOURING FIXER S.R.L. remains unaffected by the above conditions. for culpable violation of obligations relating to the brokerage of contracts.
10.4 The responsibility of TOURING FIXER S.R.L. for contractual claims of the user it is limited to an amount equal to three times the price of the tourist service procured, with the exception of:
10.5 For ordinary fault TOURING FIXER S.R.L. is solely responsible for the violation of a cardinal contractual obligation and only for foreseeable and typical damage. Cardinal contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on the fulfillment of which the user can regularly rely.
10.6 Restrictions on liability do not apply within the scope 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.
The user can cancel his registration on the Touring Fixer Portal at any time by blocking his account. TOURING FIXER S.R.L. may cancel a registration unilaterally with one week’s notice. Previous claims remain unaffected. The right to extraordinary cancellation is reserved.
12.1 Users have the opportunity to write their travel reports on the Touring Fixer platform in the form of evaluations or by uploading photos (“user content”). Users are solely responsible for the content made available to them, ensure the correctness of the content and ensure that it does not contain any misleading or illegal statements and / or details. Furthermore, the user guarantees that the content does not violate the rights of third parties. Touring Fixer does not own the user content under any circumstances, but limits itself to making its own platform available.
12.2 TOURING FIXER S.R.L. may use user content in various ways, including the ability to view it on the website, reformat it, modify it for clarity or grammar improvements, incorporate it into advertisements or otherwise.
12.3 TOURING FIXER S.R.L. may remove or report user content where necessary and at its sole discretion. For example, TOURING FIXER S.R.L. may remove user content if it violates, in the opinion of TOURING FIXER S.R.L., the principles of TOURING FIXER S.R.L. for the content. TOURING FIXER S.R.L. is not obliged to keep a copy of the users or to make copies of that available. TOURING FIXER S.R.L. does not guarantee the confidentiality of user content.
12.4 TOURING FIXER S.R.L. and / or its distributors and / or sub-agents may place advertisements and other information in proximity to user content on the website or other media. The user is not entitled to remuneration for these advertisements. The type and purpose of these advertising measures are subject to change without the obligation of having to communicate it to the user.
12.5 Users must fully exempt TOURING FIXER S.R.L. and its distributors and / or sub-agents at the first request from any claim raised by third parties (including legal fees) against TOURING FIXER S.R.L. and concerning the user content made available by the user. The same also applies if the disputed content is no longer accessible on the Touring Fixer platform. It does not apply if TOURING FIXER S.R.L. was responsible for the legal violation. In the event of an appeal by a third party, the user must make available to TOURING FIXER S.R.L. immediately, correctly and completely all the information necessary to verify the claims and for the defense.
13.1 TOURING FIXER S.R.L. collects and uses personal data of users to the extent necessary for the creation, editing of the content or the modification of the contractual conditions of TOURING FIXER S.R.L. between the user and TOURING FIXER S.R.L.
13.2 If TOURING FIXER S.R.L. 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 initiate, conclude and execute the contract under its 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 data protection conditions of TOURING FIXER S.R.L. reported at the following address: https://www.iubenda.com/privacy-policy/95848423/legal
14.1 TOURING FIXER S.R.L. reserves the right to modify these General Contractual Conditions at any time without having to indicate the reasons. TOURING FIXER S.R.L. will only make changes that affect the user, to which the user must consent, in consideration of the interests 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 the user by e-mail at the latest two weeks before they come into force. If the user does not refuse the validity of the new General Contractual Conditions within two weeks of receiving the e-mail, the modified General Contractual Conditions are considered accepted. TOURING FIXER S.R.L. will communicate to the user, with the e-mail containing the amended General Contractual Conditions, the importance of this two-week term.
14.2 These General Contractual Conditions may be modified at any time and without notice for future brokerage of contracts with the supplier. The respective conditions valid for each individual contract conclusion apply.
15.1 These General Contractual Conditions represent the only agreement concluded between TOURING FIXER S.R.L. and the user. There are no further agreements.
15.2 Italian law 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 remain unaffected, regardless of the choice of applicable law referred to in the previous sentence. The exclusive place of jurisdiction is Rome, provided that the user is a trader or does not have a permanent residence in Italy at the time the legal action is brought. The mandatory legal provisions relating to jurisdiction are reserved.
15.3 If one or more of the clauses of these General Contractual Conditions are or become invalid, this does not affect the remaining provisions.
TOURING FIXER S.R.L. via del Crocifisso 51, zip 00165 Rome Italy
3. General Contractual Conditions of the Provider of tours and other tourist services (Touring Fixer reference supplier)
Part III of these General Contractual Conditions applies to all contracts concluded between suppliers and users through the Touring Fixer platform. This also applies in the event that access to the Touring Fixer platform is achieved through a cooperation partner (sub-agent or distributor).
The information transmitted via the Touring Fixer Platform must be truthful. The provider reserves the right to withdraw from the contract, or to exclude users from participating in the service and to request compensation for cancellation costs pursuant to point 11 of part III of the General Contractual Conditions of the Provider of tours and other tourist services, in case of incorrect information from the user.
Users are responsible for arriving on time at the communicated meeting point. In case of travel for the chosen activity with departure from abroad, it is the user’s responsibility to carry the necessary travel documents (passports, etc.) and comply with the relevant legal provisions such as health regulations, etc.
In the event that the supplier in a contract concluded with users adds to these General Contractual Conditions of the Provider of tours and other tourist services of part III of the additional conditions regarding participation and transport or other conditions, users are responsible for compliance of these additional conditions. The supplier reserves the right to exclude participants from the activity in the event of non-compliance with these conditions.
The contract stipulated between the user, or the reported user, and the supplier enters into force with the acceptance, by the supplier, of the user’s binding request. When users book an excursion or other activity, they make a binding offer to the supplier to which they or the user reported 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.
The total price agreed for the service made available by us is due at the time of conclusion of the contract.
The supplier points out that pursuant to the applicable legislation, contracts concerning tourist services concluded in remote sales mode (i.e. through the Touring Fixer platform) do not include a right of revocation, but merely provide for the legal right to withdraw from the contract and cancel the contract.
The price of the service does not include any insurance. It is the user’s responsibility to provide insurance protection. Insurance coverage requirements depend on the activity booked.
If the user, or the users indicated by him in the event of filling in the tour booking form, do not pay for the service booked on the agreed date despite the supplier being prepared and able to provide the service to them, the same supplier may withdraw from the contract and ask the user or users reported by him to reimburse the costs of withdrawal referred to in point 11.
All correspondence between users or users reported by them and the supplier must take place through the Touring Fixer platform. In order to facilitate rapid progress, we recommend the exclusive use of the modules made available by TOURING FIXER S.R.L.
11.1 If the user cancels an activity, the cancellation conditions set out in the product description as well as on the voucher apply. TOURING FIXER S.R.L. invites the user to carefully read the information contained in the product description.
11.2 Except that there are no different cancellation conditions in the supplier’s product description, the travel service provider will apply the following cancellation fees in the event of your cancellation:
11.3 The users or users reported by them can provide proof to the supplier that the latter has not suffered any damage or damage substantially lower than the commission charged by the supplier.
11.4 The supplier reserves the right to claim higher specific compensation instead of the aforementioned flat fee, where the supplier can prove that it 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 requested considering also the expenses saved and any other use of the service.
11.5 The refund will be made using the same payment method. In case of use of credit cards with 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. The refund by bank transfer will take place within seven working days.
The supplier may cancel the activity on the agreed date without notice in the event that weather conditions, official measures, strikes or other unforeseeable and unavoidable external conditions (primarily 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 refunded.
The provider is authorized to prevent users from joining an activity or to exclude them from an activity if they do not meet the personal requirements for participation, their participation poses a danger to them or someone else, or their participation in long term made the business impossible for another reason. The same applies to users reported by them. In such cases, the price paid cannot be refunded.
In addition, the provider reserves the right to make non-essential changes to the program where necessary for unforeseeable or unavoidable reasons.
Further or different conditions can be found in the respective offers.
For the calculation of the time and for the deadlines, the time zone of the supplier is valid.
The provider is responsible for its services in accordance with applicable law, and liability is excluded where permitted by applicable law.
These General Contractual Conditions of the Provider of tours and other tourist services of Part III may be modified at any time and without notice for future bookings. The respective conditions valid for each individual booking apply. The user has no right to demand the application of the conditions existing at the time o
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