TOURING FIXER GENERAL CONDITIONS
Rome, 05/07/2023 V 3.1
These General Contractual Conditions are divided into:
TOURING FIXER SRL (hereinafter also “Touring Fixer”), in order to offer an intermediation service, will make this booking platform (website) available to users and suppliers of guided tours, excursions or tourist services.
Furthermore, TOURING FIXER SRL 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 SRL
Contracts relating to tourist services must be stipulated directly between the users of the platform and the suppliers of tourist activities. In case of booking by the user via a connected partner platform, or by a sub-intermediary booking on behalf of a user via a connected partner platform, the relevant contract will be concluded directly between said user and the supplier. With regard to the tourist services offered on this booking platform, TOURING FIXER SRL is not a contractual party.
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 SRL, Via del Crocifisso 51, 00165 Rome, Italy.
You can contact us by e-mail (https://www.touringfixer.com/contact/), or telephone at the following number: Italy: +39 (0) 388 5752328. All reservations made through the platform are subject to the Contractual Conditions Generali of TOURING FIXER SRL as well as those of the supplier of tourist activities.
The information on this Website is intended for informational purposes only. This information does not constitute a binding offer for TOURING FIXER SRL. Binding agreements with the suppliers of activities available on the Website require a booking request through the Touring Fixer platform and the supplier’s acceptance of the booking request pursuant to the General Contractual Conditions of TOURING FIXER SRL
TOURING FIXER SRL tries to ensure the correctness of the information reported on or through the Website. Despite this, it does not give any guarantee, either expressed or implied, on the correctness, completeness, currency, reliability or suitability for any purpose of said information, nor in relation to anything else (including information of any kind provided by third parties). TOURING FIXER SRL 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 periodicities. TOURING FIXER SRL may also block users’ access to the Website or certain parts of it, or allow access only in the presence of certain conditions. TOURING FIXER SRL does not give any guarantee, express or implied, regarding the availability of the Website or its functions, nor regarding the possible presence of defects, viruses or other harmful software. Furthermore, TOURING FIXER SRL does not give any guarantee that the information available on the Website has not been altered due to technical defects or by unauthorized or authorized third parties, for example a malfunction by Internet connectivity providers or hosting services.
TOURING FIXER SRL excludes its liability, and that of its agents and independent collaborators as well as the employees and representatives of TOURING FIXER SRL, their agents and independent collaborators, as well as their sub-agents and distributors, for damages related to the access of Users (or inability to access) the Website, or for any errors or omissions, or for results obtained from the use of the Website, regardless of the legal basis for any such liability, with the exception of liability for damages caused with willful misconduct or gross negligence in extent required by applicable law. Without prejudice to the guarantees relating to the insurance policy subscribed by TOURING FIXER SRL as required by law.
TOURING FIXER SRL is not responsible for the content provided by third parties (including all activities subject to reservation and information relating to such activities) that may be available through the Website, as well as for the content connected or related to the Website or from Website to other websites. TOURING FIXER SRL does not recommend or endorse such content and will have no liability related to it. In case of links from the TOURING FIXER SRL Website to third parties, users will use such websites at their own risk. You are advised to review the policies of those websites and check how they treat your personal data. If users believe that there is illegal content on the Website, please contact us via the following contact form: https://www.touringfixer.com/contact/
TOURING FIXER SRL grants users the non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the Touring Fixer App in accordance with these General Terms and Conditions of Use and on condition that the Users use it always in accordance with these General Conditions of Use. Users may (i) use the Touring Fixer App only in object code form and exclusively for personal purposes (if they are consumers) or for purposes within their commercial activity (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 lawful 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 thereof, (iv) rent, lease, sub license or loan the App and/or related documentation or translate, merge, adapt or modify it, (v) disassemble, reverse compile, reverse engineer or create derivative works of the Touring Fixer App or any portion thereof or attempt to the aforementioned activity.
In the relationship between users and TOURING FIXER SRL, the Website is and will be protected by copyright and/or other intellectual property rights (including the protection rights granted by the laws on unfair competition). Users will not acquire any rights relating to the Website or relating to names, trade 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, present, license, publish, download, upload, send or otherwise make it perceptible without our prior written permission.
TOURING FIXER SRL 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 about 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 on the sale of goods, if this arises between European citizens, Italian law will apply, 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.
II. Contractual conditions TOURING FIXER SRL, Rome (intermediary Touring Fixer)
1.1 TOURING FIXER SRL, manages an intermediation platform for tourist activities in the form of an online offer via the internet and App (hereinafter together referred to as the “Touring Fixer Platform”). On the Touring Fixer Platform users have the ability to search and book excursions, activities and experiences all over the world. The online offer includes excursions and guided tours, cooking classes, sightseeing tours by bus, boat trips, entrance tickets to tourist attractions and other services. The offers are placed online by numerous providers (hereinafter referred to as “Providers”) with whom the respective travel service agreement (“service agreement”) is concluded. The services offered by the supplier are accessible via the Touring Fixer Platform, where reservations can be made.
1.2 TOURING FIXER SRL is available to both consumers and businesses. In accordance with these General Terms and Conditions, the following applies to.
a. A “consumer” is a natural person who has entered into a contract for purposes not mainly related to commercial or freelance activity
b. An “enterprise” is a natural or legal person or partnership that enters into this agreement in the context of its commercial or self-employment activities
c. The “user” is a natural person unless the same person is expressly registered with TOURING FIXER SRL as a legal person. Actions and omissions that occur during the registration of a legal entity are attributed to a natural person, unless they are performed within the framework of a power of attorney for the legal entity. Finally, “user” also includes users referred by sub-agents or distributors.
These General Contractual Conditions apply to every use of the Touring Fixer Platform, for example via the internet or App. The contractual relationship between the user and TOURING FIXER SRL in general only includes the assignment of users to the respective supplier or the transfer of data of users made available by a sub-agent. TOURING FIXER SRL 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 SRL applies to the offers on the Touring Fixer Platform and to the assignment of users to the supplier. Part II of the General Terms and Conditions applies to the use of the Touring Fixer Platform by cooperation partners (sub-agents or distributors), which are the subject of special contractual agreements concluded 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 concluded 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 submits an electronic form and agrees to the General Contractual Conditions. Registration with TOURING FIXER SRL 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 register. The user must keep the password he has set and take suitable precautions to prevent third parties from gaining knowledge of it.
3.3 The creation of more than one user account for the same natural or legal person is not permitted. Your account is non-transferable.
4.1 After the user enters the desired parameters on the Touring Fixer Platform (for example travel destination, type of excursion, departure date and time, number of participants and price options), TOURING FIXER SRL will show the user information about the provider’s services (“service information”). Based on that information, provided that the desired service is available, the user will be able to submit a contractual offer that will be sent to the respective provider, 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 to his offer for the duration of five working days. For further information, please consult point 5 of the General Contractual Conditions of the supplier of tours and other tourist services referred to in part III.
4.3 TOURING FIXER SRL notifies the user of the transport and trade conditions of the supplier 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 provider reserves the right not to allow the user to take an action or to exclude him if he does not comply with the Conditions. In this case the price paid will not be refunded.
4.4 TOURING FIXER SRL 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 itself is essentially free for the user. The costs for technical access to the Touring Fixer Platform (e.g. internet access) are charged to the user. TOURING FIXER SRL is authorized to collect the invoiced amount in the name and on behalf of the supplier.
4.5 TOURING FIXER SRL forwards to the user the data necessary for the use of the supplier’s service in accordance with the applicable conditions (for example data concerning the ticket) once received from the supplier.
4.6 TOURING FIXER SRL does not guarantee the correctness of the data forwarded nor the provision of services by the supplier, as all the information indicated and forwarded are based on data from suppliers or third parties and cannot be verified in detail by TOURING FIXER SRL
5.1 The price paid by the User for the services of the provider is subject to the service agreement concluded with the provider.
5.2 TOURING FIXER SRL is authorized to collect the invoiced amounts in the name and on behalf of the supplier, unless there are different and explicit indications shown on the supplier’s invoice. In the event that the user must make payments in a currency other than his national currency (payment requested in foreign currency), TOURING FIXER SRL may request payment in the user’s national currency and the request for payment in foreign currency can be converted on the based on the exchange rate prevailing at the time of signing the contract. TOURING FIXER SRL may ask the user to pay an adequate fee for the conversion.
5.3 With regard to the service agreement and its payment, the respective provider is the contractual partner and contact person for the user. The user may only ask the respective provider for a refund of a payment. A refund granted by the supplier can also be performed by the latter through TOURING FIXER SRL. In order to make the process easier for the user, communication via the Touring Fixer Platform is recommended.
5.4 In order to use the payment function of TOURING FIXER SRL, the user must register. The user will have to enter correct information regarding the payment and update the details immediately in case of change. TOURING FIXER SRL may reject the payment method specified by the user. The user will be informed during the booking process about the payment methods permitted for the respective service.
5.5 By authorizing the payment, the user consents to the use of his payment data for the collection of payments by the creditor. TOURING FIXER SRL reserves the right to make the use of the payment function of TOURING FIXER SRL dependent on 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 on site.
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. Users are invited to carefully check, before making a reservation, the possible existence of separate conditions concerning the respective service agreement.
7.1 It is the intention of TOURING FIXER SRL to charge the user 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 (user login and password) secret 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 Having received the information on the service, the user can send orders to TOURING FIXER SRL in order to transmit them to the Supplier.
8.3 The user must exempt TOURING FIXER SRL from any claim raised by third parties and based on their use of the Touring Fixer platform, unless the responsibility lies with TOURING FIXER SRL
9.1 There is no guarantee of availability, quality, service characteristics or technical support for the use of the Touring Fixer platform. TOURING FIXER SRL may redesign, limit or suspend its online portal at any time and at its sole discretion. Existing agreements between the user and the provider, as well as the execution of said agreements, remain unaffected by such changes.
9.2 TOURING FIXER SRL does not give any guarantee for the correctness or completeness of data made available by third parties (such as suppliers).
9.3 TOURING FIXER SRL does not give any guarantee for the services provided by the suppliers. The point of contact for the user in the event of questions and claims in connection with the service agreement and its execution is the respective provider.
9.4 Provided that TOURING FIXER SRL has no obligation towards the user, TOURING FIXER SRL assumes no guarantee.
10.1 If TOURING FIXER SRL has not assumed a contractual obligation deriving from an explicit agreement with the user, the same is not responsible for the realization of corresponding agreements with suppliers in accordance with the user’s booking request.
10.2 Without an explicit agreement or guarantee, TOURING FIXER SRL 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 concerning the services rendered.
10.3 The above conditions remain unaffected by any liability of TOURING FIXER SRL for culpable violation of obligations concerning the intermediation of contracts.
10.4 The liability of TOURING FIXER SRL for contractual claims of the user is limited to the amount equal to three times the price of the tourist service procured, 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 jeopardizes the achievement of the contractual purpose itself
• Liability for damage to life, physical integrity and/or health suffered by the user and resulting from a breach of an obligation by TOURING FIXER SRL or one of its assistants
• Liability of TOURING FIXER SRL for other damages suffered by the user due to the breach of an obligation due to gross negligence by TOURING FIXER SRL or due to the breach of an obligation with willful misconduct or gross negligence by a legal representative or auxiliary of TOURING FIXER SRL
10.5 Due to ordinary negligence TOURING FIXER SRL is liable exclusively 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 correct execution of the contract and on the fulfillment of which the user can regularly rely.
10.6 Restrictions of liability do not apply within the scope of the warranties given, in the event of damage to life, limb or health of the person or within the scope of the manufacturer’s liability.
The user can cancel his registration on the Touring Fixer Portal at any time by blocking his account. TOURING FIXER SRL may unilaterally cancel a registration with one week’s notice. The previously raised 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 ratings or by uploading photos (“user content”). Users are solely responsible for the content they make available, ensure the correctness of the content and guarantee that it does not contain any misleading or illegal statements and/or details. Furthermore, the user guarantees that the content does not infringe the rights of third parties. Touring Fixer does not own user content under any circumstances, but merely makes its own platform available.
12.2 TOURING FIXER SRL may use the user content in various ways, including the possibility of displaying it on the website, reformatting it, modifying it for greater clarity or for grammatical improvements, incorporating it in advertisements or otherwise.
12.3 TOURING FIXER SRL may remove or return user content where necessary and at its sole discretion. For example, TOURING FIXER SRL may remove user content if it violates, in the opinion of TOURING FIXER SRL, the principles of TOURING FIXER SRL for content. TOURING FIXER SRL is not obliged to keep a copy of the users or to make copies of that available. TOURING FIXER SRL does not guarantee the confidentiality of user content.
12.4 TOURING FIXER SRL and/or its distributors and/or sub-agents may place advertisements and other information adjacent to user content on the website or other media. You are not entitled to 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 shall fully exempt TOURING FIXER SRL and its distributors and/or sub-agents upon first request from any claim raised by third parties (including legal fees) against TOURING FIXER SRL and concerning the users’ content made available by the user. The same also applies if the disputed content is no longer accessible on the Touring Fixer platform. However, it does not apply if TOURING FIXER SRL is responsible for the legal violation. In the event of a claim by a third party, the user shall make available to TOURING FIXER SRL immediately, correctly and completely all the information necessary to verify the claims and for the defense.
13.1 TOURING FIXER SRL collects and uses personal data of users to the extent necessary for the creation, preparation of content or modification of the contractual conditions of TOURING FIXER SRL between the user and TOURING FIXER SRL
13.2 If TOURING FIXER SRL is involved in the communication for a service agreement between the user and the respective supplier, it will have to 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 his own responsibility. The identity of the respective provider can be found in the booking process.
13.3 For any further information, please refer to the data protection conditions of TOURING FIXER SRL reported at the following address: https://www.iubenda.com/privacy-policy/95848423/legal
14.1 TOURING FIXER SRL reserves the right to modify these General Contractual Conditions at any time without having to indicate the reasons. TOURING FIXER SRL will only make changes that concern the user, to which the user must consent, in consideration of the interest of both. This concerns, for example, cases of alterations of contractual equivalence as well as cases of legislative loopholes and changes in legislation. The modified conditions will be sent to the user by e-mail at the latest two weeks before their entry into force. If the user does not reject the validity of the new General Contractual Conditions within two weeks of receiving the e-mail, the modified General Contractual Conditions are deemed to have been accepted. TOURING FIXER SRL will communicate to the user, with the e-mail containing the modified General Contractual Conditions, the importance of said two-week term.
14.2 These General Contractual Conditions may be modified at any time and without notice for future intermediation 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 SRL 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 the reservation 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 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 regarding the place of 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 SRL via del Crocifisso 51, 00165 Rome Italy
III. General Contractual Conditions of the Supplier of tours and other tourist services (Touring Fixer of reference supplier)
Part III of these General Terms and Conditions applies to all contracts concluded between suppliers and users via the Touring Fixer platform. This also applies if access to the Touring Fixer platform is made via a cooperation partner (sub-agent or distributor).
The information transmitted via the Touring Fixer Platform must be truthful. The supplier 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 Supplier of tours and other tourist services, in case of incorrect indications by the user.
Users are responsible for timely arrival at the meeting point communicated. In case of travel for the chosen activity starting from abroad, it is the user’s responsibility to bring the necessary travel documents (passports etc.) with him and to comply with the relevant legal provisions such as health regulations etc.
In the event that the provider in a contract concluded with the users adds to these General Terms and Conditions of the Provider of tours and other tourist services of Part III 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-compliance with these conditions.
The contract concluded between the user, or the reported user, and the provider comes into force with the acceptance by the provider 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 they refer are bound for five working days. As soon as the provider accepts the user’s offer within the aforementioned period, the contract enters into force. The users or the user referred by them receive a confirmation of this by e-mail.
The agreed total price for the service provided by us is due upon conclusion of the contract.
The supplier points out that pursuant to the applicable legislation, the contracts concerning tourist services concluded in distance selling 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 your responsibility to provide insurance coverage. The insurance coverage requirements depend on the booked activity.
If the user, or the users reported by him when completing 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 the latter for reimbursement of the withdrawal costs referred to in point 11.
All correspondence between users or users reported by them and the supplier must take place via the Touring Fixer platform. In order to facilitate a rapid development, we recommend the exclusive use of the forms made available by TOURING FIXER SRL
11.1 In case the user cancels an activity, the cancellation conditions indicated in the product description as well as on the voucher apply. TOURING FIXER SRL invites the user to carefully read the information contained in the product description.
11.2 Unless there are different cancellation conditions in the supplier’s product description, the travel service provider will apply the following conditions in the event of your cancellation:
11.3 Users or users referred by them can provide proof to the provider that the latter has not suffered any damage or damage substantially less than the fee charged by the provider.
11.4 The supplier reserves the right to demand a higher specific compensation instead of the aforementioned flat fee, where the supplier can prove that he has incurred costs significantly higher than the respective flat fee. In this case the provider is obliged to provide the specific amounts as well as the evidence for the compensation requested also considering the costs saved and any different use of the service.
11.5 The refund will be made using the same payment method. If you use credit cards with monthly debit, 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 agreement. Reimbursement by bank transfer will take place within seven working days.
The supplier may cancel the activity on the agreed date without any notice in the event that meteorological 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 significantly 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 would be a danger to them or someone else, or their participation in long term would make the activity impossible for another reason. The same goes for users they refer. In such cases the price paid cannot be refunded.
Furthermore, the provider reserves the right to make non-essential program changes where necessary for unforeseeable or unavoidable reasons.
Further or different conditions can be found in the respective offers.
The provider’s time zone is decisive for calculating the time and for deadlines.
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 Tour Provider 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 does not have the right to demand the application of the existing conditions at the time of booking for future reservations.