These General Contractual Conditions are divided into:
Cantiere Italia srls, in order to offer an intermediary service, will make this booking platform available to users and suppliers of guided tours, excursions or tourist services.
Furthermore, Cantiere Italia srls 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 Cantiere Italia srls.
The 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 via a connected partner platform or a booking by a sub-intermediary on behalf of a user via a connected partner platform, the relevant contract will be entered into directly between that user and the provider. With regard to the tourist services offered on this booking platform, Cantiere Italia srls 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 Cantiere Italia srls, Via del Crucifix 51, 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 of Cantiere Italia srls as well as those of the tourist activity provider.
The information contained on this Website is intended for informational purposes only. This information does not constitute a binding offer for TouringFixer and Cantiere Italia srls. Binding agreements with the suppliers of activities available on the Website require a booking request through the TouringFixer platform and the acceptance of the booking request by the supplier pursuant to the General Contractual Conditions of Cantiere Italia srls.
Cantiere Italia srls 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 implicit form, on the correctness, completeness, topicality, reliability or suitability for any purpose of aforementioned information, nor in relation to anything else (including information of any kind provided by third parties). TouringFixer may at any time and at its sole discretion modify, add or remove information on the Website or change its structure or functionality, and this without giving any particular notice of such modification, without removing information that is no longer current and without highlighting such information as not more current. Cantiere Italia srls may also block users from accessing the Website or certain parts of it, or allow access only under certain conditions. Cantiere Italia srls makes no warranty, express or implied, regarding the availability of the Website or its functionalities, that the Website is free from defects or that this and the infrastructure on which it relies are free of viruses or other malicious software. Furthermore, Cantiere Italia srls does not give any guarantee that the information available on the Website has not been altered due to technical defects or by unauthorized third parties. regarding the availability of the Website or its functionalities, whether the Website is free from defects or that this and the infrastructure on which it relies are free of viruses or other harmful software. Furthermore, Cantiere Italia srls does not give any guarantee that the information available on the Website has not been altered due to technical defects or by unauthorized third parties. regarding the availability of the Website or its functionalities, whether the Website is free from defects or that it and the infrastructure on which it relies are free of viruses or other harmful software. Furthermore, Cantiere Italia srls does not give any guarantee that the information available on the Website has not been altered due to technical defects or by unauthorized third parties.
Cantiere Italia srls excludes its own responsibility, and that of its independent agents and collaborators as well as the employees and representatives of Cantiere Italia srls, 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 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 in the measure provided for by applicable law. The limitations of liability do not apply to the guarantees given, in the event of damage to life,
Cantiere Italia srls is not responsible for the content provided by third parties (including all bookable activities 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 the Website. to other websites. Cantiere Italia srls does not recommend or endorse this content and will have no liability relating to it. In case of links from the website of Cantiere Italia srls to third parties, users will use these 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 illegal content is present on the Website, they are requested to contact us via the following contact form:https://www.touringfixer.com/contact/
Cantiere Italia srls grants users the non-exclusive, non-transferable, non-eligible, sub-licensing, revocable, royalty-free, worldwide right to use the TouringFixer App pursuant to these General Conditions of Use and on condition that Users always use it. in accordance with these General Conditions of Use. Users may (i) use the TouringFixer 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 TouringFixer 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,
In the relationship between users and Cantiere Italia srls, 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.
Cantiere Italia srls may modify these General Conditions of Use at any time and with immediate effect. In the event of changes made by us, the same apply from the date of their publication on the Website. Cantiere Italia srls expects users to regularly check this section to be aware of the updated and applicable version of the General Conditions of Usage. Any further use of the Website following a modification is equivalent to the consent of the users to the same modification.
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 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.
1.1 Cantiere Italia srls, 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 “TouringFixer Platform”). On the TouringFixer Platform, users have the possibility to search and book excursions, activities and experiences all over the world. The online offer includes guided excursions and 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 TouringFixer Platform, where reservations can be made.
1.2 Cantiere Italia srls is available to both consumers and businesses. Pursuant to these General Contractual Conditions, the following applies:
a. A “consumer” is a natural person who has entered into a contract for purposes not mainly assigned to commercial or professional activity
b. An “enterprise” is a natural or legal person or a partnership that enters into this contract as part of its commercial or professional activities
c. The “user” is a natural person unless the same person is expressly registered with Cantiere Italia srls as a legal person. Actions and omissions that occur during the registration of a legal person are attributed to a natural person, unless they are carried out under a power of attorney for the legal person. Finally, the “user” also includes users reported by sub-agents or distributors.
These General Contractual Conditions apply to any use of the TouringFixer Platform, for example via the internet or App. The contractual relationship between the user and Cantiere Italia srls in general includes exclusively the assignment of users to the respective supplier or the transfer of data of users made available by a sub-agent. Cantiere Italia srls 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 Cantiere Italia srls applies to offers on the TouringFixer Platform and to the assignment of users to the supplier. Part II of the General Contractual Conditions applies to the use of the TouringFixer 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 TouringFixer Platform offer can be carried out anonymously.
3.2 Certain types of use of the TouringFixer Platform such as booking require registration. During registration, the user submits an electronic registration form and agrees to the General Contractual Conditions. Registration with Cantiere Italia srls 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 suitable 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 TouringFixer Platform (for example travel destination, type of excursion, date and time of departure, number of participants and price options), Cantiere Italia srls 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 can submit a contractual offer which 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 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 Cantiere Italia srls 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 respecting these conditions. The supplier 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 Cantiere Italia srls 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 TouringFixer Platform is itself essentially free of charge for the user. The costs for technical access to the TouringFixer Platform (for example internet access) are borne by the user. Cantiere Italia srls is authorized to collect the invoiced amount in the name and on behalf of the supplier.
4.5 Cantiere Italia srls 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 by the supplier.
4.6 Cantiere Italia srls 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 Cantiere. Italy srls.
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 Cantiere Italia srls is authorized to collect the amounts invoiced 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 has to make payments in a currency other than his national currency (payment required in a foreign currency), Cantiere Italia srls may request payment in the user’s national currency and the request for payment in foreign currency can be converted to the based on the exchange rate in force at the time of signing the contract. Cantiere Italia srls may require the user to pay an adequate contribution for the conversion.
5.3 With regard to the service agreement and its payment, the respective provider is the contractual counterparty and contact person for the user. The user can only ask the respective provider for a refund of a payment. A refund granted by the supplier can also be made by the supplier through Cantiere Italia srls. In order to make the process easier for the user, we recommend communication via the TouringFixer Platform.
5.4 In order to use the payment function of Cantiere Italia srls, the user must register. The user must enter correct information regarding the payment and update the details immediately in the event of a change. Cantiere Italia srls may reject the payment method specified by the user. The user will be informed during the booking process about the permitted payment methods for the respective service.
5.5 By authorizing the payment, the user agrees to the use of his payment data for the collection of payments by the creditor. Cantiere Italia srls reserves the right to make the use of the payment function of Cantiere Italia srls dependent on the verification of the user’s credit rating.
6.1 All TouringFixer 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 advised to carefully check, before making a reservation, whether there are separate conditions concerning the respective service agreement.
7.1 It is the intention of Cantiere Italia srls 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 secret (user login and password) and not allow third parties to access the TouringFixer portal using his registration data. The user is responsible for the use in any form of his account on the TouringFixer portal.
8.2 Once the information on the service has been received, the user can send orders to Cantiere Italia srls in order to transmit them to the Supplier.
8.3 The user must exonerate Cantiere Italia srls from any claim raised by third parties and based on his use of the TouringFixer platform, unless the responsibility lies with Cantiere Italia srls.
9.1 There is no guarantee on the availability, quality, features of the service or technical support for the use of the TouringFixer platform. Cantiere Italia srls 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 such agreements, remain unaffected by such changes.
9.2 Cantiere Italia srls does not give any guarantee for the correctness or completeness of data made available by third parties (such as suppliers).
9.3 Cantiere Italia srls does not give any guarantee for the services provided by the suppliers. The contact person for the user in case of questions and claims in connection with the service agreement and its execution is the respective provider.
9.4 Provided that Cantiere Italia srls has no obligation towards the user, Cantiere Italia srls assumes no guarantee.
10.1 If Cantiere Italia srls has not assumed a contractual obligation deriving from an explicit agreement with the user, it 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, Cantiere Italia srls 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 provided.
10.3 Any liability of Cantiere Italia srls for culpable violation of obligations regarding the brokerage of contracts remains unaffected by the above conditions.
10.4 The liability of Cantiere Italia srls 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 execution correct brokerage agreement, or the violation of which endangers 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 culpable breach of an obligation to part of Cantiere Italia srls or one of its auxiliaries
• Liability of Cantiere Italia srls for other damages suffered by the user due to the violation of an obligation due to gross negligence by Cantiere Italia srls or due to a violation of an obligation with willful misconduct or gross negligence by a legal representative or auxiliary of Cantiere Italia srls.
10.5 For ordinary negligence, Cantiere Italia srls 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 correct execution of the contract and on the fulfillment of which the user can regularly rely.
10.6 Limitation of liability does 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 scope of the manufacturer’s liability.
The user can cancel his registration on the TouringFixer Portal at any time by blocking his account. Cantiere Italia srls 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 influence the content of the TouringFixer platform by writing travel reports in the form of ratings 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 infringe the rights of third parties. TouringFixer does not own the user content under any circumstances, but limits itself to making its own platform available.
12.2 Cantiere Italia srls may use user content in various ways, including the ability to view it on the website, reformat it, modify it for greater clarity or grammatical improvements, incorporate it in advertisements or otherwise.
12.3 Cantiere Italia srls may remove or report user content where necessary and at its sole discretion. For example, Cantiere Italia srls may remove user content if it violates, in the opinion of Cantiere Italia srls, the principles of Cantiere Italia srls for content. Cantiere Italia srls is not obliged to keep a copy of the users or to make copies of that available. Cantiere Italia srls does not guarantee the confidentiality of user content.
12.4 Cantiere Italia srls 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 to notify the user.
12.5 Users must completely exonerate Cantiere Italia srls and its distributors and / or sub-agents at the first request from any claim raised by third parties (including legal fees) against Cantiere Italia srls and concerning the user content made available by user. The same also applies if the contested content is no longer accessible on the TouringFixer platform. However, it does not apply if Cantiere Italia srls was responsible for the legal violation. In the event of an appeal by a third party, the user must make available to Cantiere Italia srls immediately, correctly and completely all the information necessary to verify the claims and for the defense.
13.1 Cantiere Italia srls collects and uses personal data of users to the extent necessary for the creation, content editing or modification of the contractual conditions of Cantiere Italia srls between the user and Cantiere Italia srls.
13.2 If Cantiere Italia srls 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 provider can be found in the booking process.
13.3 For any further information, please refer to the data protection conditions of Cantiere Italia srls reported at the following address: https://www.iubenda.com/privacy-policy/95848423/legal
14.1 Cantiere Italia srls reserves the right to modify these General Contractual Conditions at any time without having to indicate the reasons. Cantiere Italia srls will only make changes that concern 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. Cantiere Italia srls will communicate to the user,
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 Cantiere Italia srls 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.
Cantiere Italia srls
Via del Crocifisso 51
III. General Contractual Conditions of the Provider of tours and other tourist services
Part III of these General Contractual Conditions applies to all contracts concluded between suppliers and users through the TouringFixer platform. This also applies if access to the TouringFixer platform is made via a cooperation partner (sub-agent or distributor).
The information transmitted via the TouringFixer 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. When traveling 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 user you have reported, and the supplier comes 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 provider to which they or the user referred to them are bound for five working days. When the provider 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 agreed overall price 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 distance selling mode (or through the TouringFixer 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 sufficient insurance protection. The insurance coverage requirements depend on the activity booked.
If the users or the user reported by them do not pay for the booked service on the agreed payment date despite the fact that the supplier is prepared and able to provide the contractual service and there is no legal or contractual right to retention in favor of the users or users reported by them, the provider may withdraw from the contract and ask the users or user reported by them, the 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 TouringFixer platform. In order to facilitate a rapid development, the exclusive use of the modules made available by Cantiere Italia srls is recommended.
11.1 If the user cancels an activity, the cancellation conditions stated in the product description as well as on the voucher apply. Cantiere Italia srls 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 case of your cancellation:
a) up to 48 hours before the start of the activity: refund full
b) later than 48 hours before the start of the activity and in case of no-show: no refund
11.3 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 using 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 agreement. 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 excluding 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 existing Conditions even in the case of future bookings.