by Fun in Tuscany

Terms & Conditions

Tourist Service Sales Contract Pursuant to art.35 of Legislative Decree N. 79/2011

[A], hereinafter referred to as "The User", in his own name and behalf, as well as in the name and behalf of the following listed people [B], and the travel agent "Jerfel Voyage" owned by Jerfel Issam, headquartered in Florence, on Via delle Farine n.1, 50100, vat n.05858290488 authorized and licensed since 13 Novembre 2008, Insurance Policy N.79389612 (pursuant to art.19 and art.50 paragraph 1 of the Legislative Decree N. 79/2011), telephone (+39) 338 5922682 / (+39) 392 6339101 email, PEC (Certified Email Address) represented by its legal representative pro tempore Mr. Issam Jerfel, born in Tunisia on 16/01/1977, tax code number JRFSSM77A16Z352U, hereinafter referred to as "The Agency", agree and stipulate the following:

1) The User purchases from the Agency the tour package called "Chianti Wine Tour", described in details in the homepage of this website and hereinafter referred to as "the excursion".

2) The excursion will take place on [C] with pick up in [D] and drop off in [E].

3) The User shall pay to the Agency the price of [F] for the participation in the excursion, as payment of the services provided in favour of all the below-listed participants in the excursion [B]. Failure to pay the above-mentioned amounts constitutes express termination clause that gives the intermediary Agency and/or the organiser the right to immediately terminate the contract. It is hereby specified that the amount of [G], equal maximum to 25% of the amount indicated in the contract, has to be paid on booking. The balance, that's [F]-[G], has to be paid on [C] at the check in.

4) The Agency reserves the right to cancel the excursion in case the number of participants is less than 3 people.

5) In case the Agency needs to make any significant changes to one or more elements of the contract before the departure, it shall immediately inform the User in writing, indicating the kind of change and the consequent price variation. Should the User not accept the proposal, he/she can alternatively exercise the right to claim reimbursement of the sum paid or choose another tour package. The User shall exercise the abovementioned rights also in case the cancellation is due to the nonachievement of the minimum number of participants or force majeure and fortuitous events, relative to the purchased tour package.

6) The User may recede from the contract, without paying any penalty, in the following cases: - increase in the price exceeding 10%; - significant change of one or more elements of the contract objectively identifiable as fundamental for the tour package as a whole, and proposed by the organiser after the closure of the same contract, but before the departure, and not accepted by the User. In the above-mentioned cases, the User has also the following alternative rights: - choose an alternative tour package, without additional charges or - being refunded the exceeding amount, in case the second tour package has a lower price compared to the first one; - to be refunded only the actually paid amount. Said refund shall be carried out within seven working days from the day the refund request has been received. The User shall communicate his/her own decision (to accept the change or withdraw) within and not over one working day from the day the price increase or change notice has been received. In the absence of express notification within the above-mentioned time, the organiser's proposal shall be considered accepted. An amount equal to 20% of the entire cost of the excursion shall be charged to the User that withdraws from the contract outside the abovelisted cases before the departure.

7) In the event that, after the departure, the organiser, is unable to supply, for any reason, except for one regarding the User, an essential part of the services included in the contract, it shall provide for alternative solutions, without any additional cost at the user's charge, and in case the services supplied have a lower value compared to the ones agreed, it shall refund the entire difference. If there is no possible alternative solution, that is, the solution offered by the organiser is refused by the User for proven and legitimate reason, the organiser shall refund the entire difference between the cost of the services agreed and the one of the services provided until the end of the excursion.

8) The User (and obviously, all the subjects he operates for, already listed above) shall observe the rules of prudence and diligence, information given by the organiser, as well as the regulations, administrative or legislative provisions relative to the tour package. The User (and obviously, all the subjects he operates for, already listed above) shall be held responsible for all the damages, the organiser and/or intermediary shall suffer, due to the non-observance of the abovementioned obligations. Moreover, the User shall inform the organiser, on booking, about any special requests, which may be the subject of specific agreements, regarding the tour modalities in general, as long as their implementation is possible. The User (and obviously, all the subjects he operates for, already listed above) shall always inform the Agency about any special need or condition of the participants in the excursion (pregnancy, food intolerances, disability, etc.) and explicitly specify the request of relative customised services.

9) In order to reach the ad hoc prearranged destination or the territory of the town of San Gimignano (SI), all the participants in the excursion (*) shall be transferred by minivan model [H] plate N. [I] and (**) accompanied by the appointed "tour leader" [L].

10) The amount indicated in the contract includes both (*) the transport to the ad hoc prearranged destination or the territory of the town of San Gimignano (SI) and (**) all the services relative to the purchased tour package indicated in sub point N. 1. Any additional cost shall be at the User's charge.

11) The Agency shall be responsible for the damages caused to the User due to the total or partial non compliance of the services with those described in the contract, either if they are performed by itself or by third party service suppliers, unless it proves that the event depends on the same User (including initiatives autonomously taken by this latter during the performance of the tourism services) or by an unpredictable or inevitable event depending on a third party, situations out of the provision of the performances included in the contract, fortuitous events, force majeure, that is, all the circumstances that the same organiser could not, according to the professional diligence, reasonably predict or solve.

12) In case the User considers that the actual services received by the Agency did not comply with the contractual ones, he/she can send written complaint through email within and not over three days after the excursion.

Pursuant to and in accordance with articles 1341 and 1342 civil code, the User hereby declares to have examined and expressly accept the following clauses sets forth in articles 3, 4, 5, 6, 7, 8, 10, 11, 12.

[A] = leader traveler of the tour, [B] = the other travelers, [C] = the date of the tour, [D] = the location for pick up, [E] = the location for drop off, [F] = total price of the tour, [G] = deposit, [H] = model of the vehicle for the transportation, [I] = plate of the vehicle, [L] = tour leader/driver

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