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These Terms and Conditions are translated from the original Italian version. In the event of any discrepancies, differing interpretations or disputes, the original Italian text shall prevail.

Escursi.com is a platform owned by Escursì S.r.l., dedicated to experiences, excursions, archaeological, sports and nature activities, and other tourism services with a particular focus on the Sardinia destination (hereinafter, collectively and jointly, “Tourism Services” or “Services” and, individually, a “Tourism Service” or “Service”).

In order to provide an intermediation service, Escursì S.r.l. will make this booking platform available to users and providers of Tourism Services (hereinafter respectively referred to as the “Users” and the “Providers”).

Escursì S.r.l. will also make the platform available to certain cooperation partners (hereinafter referred to as “Resellers”) in order to offer their customers a booking service for the Providers’ Tourism Services. Use of this platform by Resellers will be subject to a separate and specific contractual agreement and, therefore, will not be permitted without prior written authorization from Escursì S.r.l.

Furthermore, through its proprietary platform, Escursì S.r.l. carries out OTA (Online Travel Agency) activities and operates as a Tour Operator specializing in organizing tourism services into packages throughout the territory of Sardinia and, therefore, provides intermediation services in the marketing of individual Tourism Services and/or tourism packages, as well as the organization into packages and direct sale of Tourism Services provided by third parties.

With regard to contracts concerning the Tourism Services offered on this booking platform, Escursì S.r.l. is not a contractual party except when it operates as a Tour Operator in accordance with Section IV of these General Terms and Conditions.

These General Terms and Conditions are divided into:

I. Terms of Use of Escursi.com
II. General Terms and Conditions of Escursì S.r.l. (intermediary)
III. General Terms and Conditions of the Tourism Services Provider (reference Provider)
IV. General Terms and Conditions (Tour Operator) – General Terms of Sale for a tourism package

I. Terms of Use of Escursi.com

1. Operator of this website

The website www.escursi.com (hereinafter referred to as the “Website” or “Platform” or “Escursi.com”) is provided by Escursì S.r.l., VAT No.: 02628920908, registered office in Sassari, Piazza Antonio Segni n. 1, owner of the online travel agency ESCURSÌ TRAVEL, registered with the Regional Register of Travel and Tourism Agencies of Sardinia, authorization no. 456, D.R. no. 1558/19.

All bookings made through the Platform are subject to the General Terms and Conditions of Escursì S.r.l. as well as, depending on the activity, the terms and conditions of the Tourism Services Provider and the Tour Operator – General Terms of Sale for a Tourism Package.

2. Applicability of these Terms of Use

These terms of use (hereinafter referred to as the “Terms of Use”), together with our privacy policy (hereinafter referred to as the “Privacy Policy”) and cookie policy (hereinafter referred to as the “Cookie Policy”), apply to any use of the Website. Users of the Website may use it only on the condition that they have read and understood the Privacy Policy, the Cookie Policy and have accepted the Terms of Use. Any further use of the Website or any part thereof by a User will constitute acceptance of the Terms of Use, the Privacy Policy and the Cookie Policy and, therefore, acceptance to be bound by them.

3. No offer

Except when carrying out tour operator activities, the information shown on this Website is intended for informational purposes only. Such information does not constitute a binding offer by Escursi.com. Binding agreements concerning the Tourism Services available on the Website require a booking request through Escursi.com and acceptance of the booking request by Escursì S.r.l. on behalf of the Provider pursuant to Section III, General Terms and Conditions of Escursì S.r.l.

4. No warranty

Escursì S.r.l. seeks to ensure the accuracy of the information provided on or through the Website. Nevertheless, it does not provide any warranty, whether express or implied, regarding the accuracy, completeness, timeliness, reliability or fitness for any purpose of such information, nor with respect to anything else (including any information of any kind provided by third parties). Escursì S.r.l. may at any time, at its sole discretion, modify, add or remove information on the Website or change its structure or functionalities, without any specific notice of such change, without removing information that is no longer current and without highlighting such information as no longer current. Escursì S.r.l. may also block Users’ access to the Website or to certain parts of it, or allow access only under certain conditions. Escursì S.r.l. does not provide any warranty, express or implied, regarding the availability of the Website or its functionalities, that the Website is free from defects, or that the Website and the infrastructure on which it relies are free from viruses or other harmful software. Furthermore, Escursì S.r.l. does not guarantee against any alterations due to technical defects by unauthorized third parties relating to the information available on the Website.

5. Limitation of liability

Escursì S.r.l. excludes its liability, and that of its independent collaborators, Resellers, as well as its representatives and employees, for damages relating to Users’ access (or inability to access) the Website, or for any error or omission in the use of the Website, regardless of the legal basis for such liability, except for liability for damages caused by willful misconduct or gross negligence to the extent provided by applicable law. These limitations of liability do not apply within the scope of any warranties given, in the event of damage to life, physical integrity or a person’s health, or in the event of claims based on product liability.

6. Third parties and links to other websites

Escursì S.r.l. is not responsible for content provided by third parties (including all bookable activities and the information relating to such activities) that may be available through the Website, nor for content linked or related to the Website or from the Website to other websites.

Escursì S.r.l. does not recommend or endorse such content and shall have no liability in relation to it. In the case of links from Escursì S.r.l.’s Website to third parties, Users will use such websites at their own risk. Users are advised to review the policies of such websites and verify how they process personal data.

If Users believe that unlawful content is present on the Website, they are requested to send an email to the following address: support@escursi.com.

7. Intellectual property rights

As between Users and Escursì S.r.l., the Website is and will remain protected by copyright and/or other intellectual property rights (including protections granted under unfair competition laws). Users do not acquire any rights to the Website or to any names, trade names and/or distinctive signs of any kind (including trademarks) published on the Website. Users may access and view the Website; however, they may not incorporate it into other websites or copy it, present it, license it, publish it, download it, upload it, send it, or otherwise make it perceptible without prior written authorization from Escursì S.r.l.

8. Changes to the General Terms of Use

Escursì S.r.l. may modify these General Terms of Use at any time with immediate effect. In the event of amendments made by Escursì S.r.l., they shall apply starting from the date of their publication on the Website. Any use of the Platform after a change shall be deemed Users’ consent to that change.

Users are advised to consult this section regularly to ensure they have the updated and applicable version.

9. Applicable law and competent court

The law governing the Terms of Use is Italian law. They have been drafted in Italian. The official version that prevails is the Italian version.

Any dispute that may arise regarding the application and/or interpretation of these Terms of Use shall fall under the exclusive jurisdiction of the Court of Sassari.

10. Netiquette

Compliance with the following rules of conduct is an essential condition for using Escursi.com.
COMMENTS, LANGUAGE TO BE USED - MATERIALS
When using Escursi.com, users must not use obscene, indecent, offensive, blasphemous, denigratory or defamatory language, or expressions of fanaticism, racism, hatred, irreverence.
It is forbidden to post on Escursi.com unauthorized advertising, information and unlawful or defamatory material that discredits, that may infringe the rights of third parties, that belongs to third parties and for which authorization has not been obtained, that may invade anyone’s privacy, that encourages criminal conduct, that may give rise to civil or criminal liability, or that is in any case contrary to any applicable law.

II. General Terms and Conditions of Escursì S.r.l.

1. Introduction

1.1 These terms apply to Users with regard to the online offer through the Platform.

1.2 Escursì S.r.l., VAT No.: 02628920908, registered office in Sassari, Piazza Antonio Segni n. 1, owner of the online travel agency ESCURSÌ TRAVEL registered with the Regional Register of Travel and Tourism Agencies of Sardinia, authorization no. 456, D.R. no. 1558/19, owner of the Platform, carries out intermediation activities by making its booking facilities available to Users and Providers of Tourism Services. On Escursi.com, Users can search and book Tourism Services with destination Sardinia. The online offer includes guided excursions, cooking classes, sightseeing bus tours, boat trips, admission tickets and attractions, and other tourism services. Offers are made available online by local Providers with whom the relevant contract concerning the Tourism Services is entered into (hereinafter referred to as the “Service Agreement”). The Services offered by the Provider are accessible and bookable through the Platform.

1.3 Escursì S.r.l. serves both consumers and businesses. For the purposes of these General Terms and Conditions, the following definitions apply:

a) “Consumer”: a natural person who enters into contracts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity they may carry out (Art. 3, letter a, Legislative Decree 2005 no. 206 “Consumer Code”);

b) “Business”: a natural person or legal entity that enters into contracts within the scope of its business economic activity (Art. 2802 Italian Civil Code)

c) “User”: a natural person unless that person is expressly registered on Escursi.com as a legal entity. Actions and omissions that occur during the registration of a legal entity are attributed to a natural person, unless carried out under a power of attorney for the legal entity. Please note that “User” also includes users referred by Resellers.

2. Subject matter of Section II of the General Terms and Conditions

These General Terms and Conditions apply to any use of the Platform. The contractual relationship between the User and Escursì S.r.l. generally includes exclusively the handling of the booking request for the Tourism Service and the confirmation thereof on behalf of the relevant Provider, as well as the handling of payments relating to such bookings. When carrying out the activity described in this Section II, Escursì S.r.l. does not act as organizer, seller, reseller or other contracting party in relation to the Service Agreement with the User.

Consequently, this Section II, together with Section III of the General Terms and Conditions, applies to the activity of handling the booking request for the Tourism Service and the related confirmation on behalf of the relevant Provider, as well as the handling of payments relating to such bookings, even where bookings are made on the Platform through Resellers.

3. Registration

3.1 In general, the Platform may be used anonymously.

3.2 After selecting a Service offered through the Platform, in order to complete the booking and purchase process, it is necessary to register and create an account (hereinafter “User Account”). Registration can be carried out by logging in to the Website with a Facebook social network account. Registration on Escursi.com is completed when confidential access credentials (username and password) are sent to the email address provided by the User. Natural persons must be at least 18 years old in order to register. Creating more than one User Account for the same natural person or legal entity is not permitted. The User Account is not transferable. When registering, the User undertakes to (i) provide truthful data and keep it constantly updated; (ii) safeguard their User ID and Password with due care and prevent their use by unauthorized third parties; (iii) promptly inform Escursì S.r.l. if third parties become aware of the credentials or use them improperly.

3.3 Escursi.com has the right not to activate or to suspend the User Account whenever it deems, at its sole discretion, that the User’s behavior may cause prejudice to Escursi.com or to third parties.

4. Services of Escursì S.r.l. and conclusion of the contract

4.1 After the User enters the desired parameters on the Platform (for example type of excursion, departure date and time, number of participants, etc.), Escursì S.r.l. will show the User the Provider’s service information (hereinafter “Service Information”). Based on this Service Information, once availability of the selected Service has been verified on the online calendar, the User may proceed with the booking. The User will be able to view all bookings made by accessing the reserved area. Escursi.com reserves the right to cancel bookings that appear to have been concluded in the presence of obvious technical errors attributable to the functioning of the Website (for example bookings for Services at a price excessively low compared to the standards of similar services). In such cases, Escursi.com will promptly notify the User of the cancellation by email to the address provided during registration and will refund in full the price paid by the User. For further information on bookings, Users are invited to consult Section III, General Terms and Conditions of the Tourism Services Provider. Escursì S.r.l. will deliver to the User, by email to the address provided during registration, a voucher containing the booking confirmation, which must be kept and/or printed and shown to the Provider at the time of the Service delivery either on a smartphone or in paper form. In the event of failure to present the voucher, the Service cannot be provided and the User will not be entitled to any refund.

4.2 Use of the Platform is essentially free of charge for the User. The technical access costs to the Platform (for example internet access) are borne by the User. Escursì S.r.l. is authorized to collect the amount invoiced on behalf of the Provider.

4.3 Escursì S.r.l. does not guarantee the accuracy of the data provided nor the performance of the services by the Provider, as all information indicated and forwarded is based on data coming from Providers or third parties and cannot be verified in detail by Escursì S.r.l.

5. Payments on Escursi.com

5.1 The price paid by the User for the Provider’s Services is the one indicated in the relevant listing published on the Website.

5.2 Escursì S.r.l. is authorized to collect the amounts invoiced on behalf of the Provider. Payments may be made as follows:

(a) by bank transfer: in this case, after selecting the payment method, the system will automatically send an email containing instructions to complete the purchase process. After the payment has been recorded, the system will generate a second confirmation email containing the booking voucher for the purchased Service and a third email containing the electronic invoice in PDF format. Payment by bank transfer will not be accepted for purchases made within five working days before the Service is provided;

(b) online, through the electronic money payment system offered on the Website: in this case, the system will send a first confirmation email containing the booking voucher and a second email containing the electronic invoice in PDF format. This payment system uses security protocols capable of ensuring privacy and reliability of financial transactions and the information will never be stored, even temporarily, on the Website. Such information will be used solely to complete the purchase transaction, for any refund where necessary, or for reports to law enforcement authorities in the event of fraud committed on the Website. Any issues relating to the payment system may be contested exclusively with the payment platform provider (for example PayPal) and not directly with Escursi.com.

5.3 By authorizing payment, the User consents to the use of their payment data for collection by the creditor.

6. User duties and obligations

6.1 The User must keep the registration data (login and password) confidential and must not allow third parties to access the Platform using their registration data. The User is responsible for any use, in any form, of their User Account on the Platform.

6.2 The User is required to carefully read the listing relating to the Service and/or Package they intend to choose before submitting a booking request to Escursì S.r.l.

6.3 The User shall indemnify Escursì S.r.l. against any claim raised by third parties based on the User’s use of the Platform.

7. Availability and warranty

7.1 There is no warranty regarding the availability, quality and features of the service or technical support for use of the Platform. Escursì S.r.l. may redesign, limit or suspend its online portal at any time at its sole discretion. In such a case, existing agreements between the User and the Provider, as well as the performance of those agreements, shall remain unchanged.

7.2 Escursì S.r.l. is not responsible for the accuracy or completeness of data made available by third parties.

7.3 Escursì S.r.l. is not responsible for the services provided by the Providers.

8. Liability of Escursì S.r.l.

8.1 If Escursì S.r.l. has not assumed any contractual obligation arising from an explicit agreement with the User, it is not responsible for the performance of the obligations arising from the corresponding Service Agreements with the Providers in accordance with the booking request made through the Platform. Without an explicit agreement or warranty, Escursì S.r.l. is not responsible for defects in the performance of the Service and/or for property damage or personal injury suffered by the User in relation to the Service provided and/or concerning the same, except in cases where Tourism Services are provided as part of Tour Operator activity, to which Section IV of the General Terms and Conditions (Tour Operator) – General Terms of Sale for a tourism package set out below shall apply.

8.2 Escursì S.r.l.’s liability for culpable breach of obligations relating to the intermediation of contracts remains unaffected.

9. Termination

The User may cancel their registration on the Platform at any time by blocking their User Account.
Escursì S.r.l. may cancel a registration unilaterally, with one week’s notice.
All obligations arising prior to cancellation shall remain unaffected.

10. User support

Escursì S.r.l. provides Users with support for any information and/or assistance in the pre purchase and post purchase phases through the live chat service published on the Website or via email at booking@escursi.com.

For general information, Escursi.com provides assistance via the email address support@escursi.com.

11. Privacy notice pursuant to the Italian Personal Data Protection Code (Legislative Decree 30 June 2003 no. 196, as amended)

Escursi.com, as Data Controller, collects data for the provision of the services and activities indicated in the Terms of Use.

1. Source of personal data: the personal data available to Escursi.com will be used exclusively to fulfill the service and the requested activities.

2. Sensitive data: the consent requested by Escursi.com does not concern sensitive data.

3. Purposes of processing:

(i) providing personal data is necessary to carry out the services and activities indicated in the Terms of Use. Failure to provide such data does not allow Escursi.com to carry out the services and activities necessary for the purchase of the Service.
(ii) if you wish, you may consent to a specific option for receiving newsletters (promotional communications and commercial information) about Escursi.com products, services and activities through communication systems (email, SMS, ordinary mail).

4. Methods of processing: personal data is processed manually and with electronic tools, using logic strictly related to the purposes indicated above and, in any case, in a manner that ensures data security and confidentiality.

5. Parties to whom data may be disclosed: Escursi.com may disclose the personal data provided to the following categories of parties: companies that provide document archiving services; accounting audit and financial statement certification companies; and, in general, all parties that provide Escursi.com with professional assistance and consultancy services, as well as to the Seller in order to enable the possible issuance of fiscal documentation relating to the sale. The parties belonging to the above categories, to whom data may be disclosed, will process the data as “data controllers” independently.

6. Rights under Article 7 of the Personal Data Protection Code: the Seller and the Buyer shall have the right to obtain from Escursi.com confirmation as to whether or not personal data concerning them exists, the indication of the origin of the personal data, the purposes and methods of processing, as well as the parties or categories of parties to whom the personal data may be disclosed or who may become aware of it as processors or persons in charge; the deletion, anonymization or blocking of data processed in violation of the law; and the updating and rectification, or, where requested, the integration of the data.

12. Amendments to these General Terms and Conditions

Escursì S.r.l. reserves the right to amend these General Terms and Conditions at any time without being required to state the reason. Any amendments shall concern the User only, who must therefore expressly consent. The amended terms will be sent to the User by email no later than two weeks before they enter into force. If the User does not reject the amendments within two weeks of receiving the email, the amendments shall be deemed accepted. This deadline will be highlighted in the email containing the amendments.

13. Further provisions

13.1 These General Terms and Conditions constitute the entire agreement between Escursì S.r.l. and the User.

13.2 The invalidity of one or more clauses contained in these General Terms and Conditions shall not affect the remaining clauses. If one or more clauses are declared invalid by a final decision, decree or judgment, this agreement shall be construed as if such invalid clause or point had not been included.

III. General Terms and Conditions of the Tourism Services Provider

1. Introduction

Part III of these General Terms and Conditions applies to all Service Agreements concluded between Providers and Users through the Platform. This also applies where access to the Platform is made through a Reseller.

2. Accurate information

The information transmitted through the Platform must be accurate. The Provider reserves the right to withdraw from the contract, or to exclude Users from participation in the service and to claim compensation for cancellation costs pursuant to point 9 of this Section III of the Providers’ General Terms and Conditions, in the event of incorrect information provided by the User.

3. Arrival at the meeting point and compliance with conditions

Users are responsible for arriving on time at the communicated meeting point and, in the case of travel for the selected activity with departure from abroad, it is the User’s responsibility to bring the necessary travel documents (passports, etc.) and to comply with the relevant legal provisions (for example health regulations, etc.).

4. Additional contractual conditions

If, in a Service Agreement concluded with Users, the Provider adds further conditions to this Section III regarding participation and transport or other conditions, Users are responsible for complying with such additional conditions. The Provider reserves the right to exclude Users from the activity in the event of non compliance with such conditions.

5. Booking

The Service Agreement entered into between the User and the Provider is concluded when the online booking is accepted on the Platform by Escursì S.r.l. on behalf of the relevant Provider. Users will receive, by email, a booking confirmation voucher which must be kept and shown at the time the Service is provided on a smartphone or in paper form.

6. Payments

The total agreed price for the Service made available is due at the time the contract is concluded.

7. Insurance

The price of the Service published on the Platform does not include insurance costs unless explicitly indicated in the Service description.

8. Guidelines for booking changes and cancellations

8.1 Up to three days before the Service is provided, the User may request a change of the Service date, subject to availability and payment of any price difference.

8.2 8.2 Outside cases in which the Provider applies different cancellation policies, the User may cancel the booking up to three days before the Service is provided by freely withdrawing from this contract, and shall be entitled to receive a full refund of the amounts paid. The refund will be made using the same payment method.

8.3 If the User cancels the booking beyond the time limits indicated in point 8.2 or in the event of a “no show,” the User shall not be entitled to any refund.

Any cancellations and/or changes after the booking must be communicated by email to booking@escursi.com, indicating the booking reference shown in the confirmation email.

9. Cancellation due to force majeure

The Provider may cancel the Service on the agreed date without any notice if force majeure (extraordinary event, airport closures, serious illness, disaster, fire, military action, civil war, etc.) makes performance of the activity impossible, significantly more difficult, or risky. In such cases, the price paid by the User will be refunded.

10. Exclusion from participation

The Provider may prevent Users from joining an activity or exclude them from an activity if they do not meet the personal participation requirements.

11. Program changes

The Provider also reserves the right to make non essential changes to the program where necessary for unforeseeable or unavoidable reasons.

12. Further conditions

Further or different conditions may be contained in the booking confirmation vouchers.

13. Provider liability

The Provider is responsible for its services in accordance with applicable law.

14. Amendments to these General Terms and Conditions

This Section III of the Provider’s General Terms and Conditions may be amended at any time and without notice for future bookings. In such a case, for bookings already made, the respective conditions applied by the individual Provider for each individual booking shall apply.

IV. General Terms and Conditions (Tour operator) – General Terms of Sale for a tourism package

1. Content of the tourism package sale contract

The Package will be sold to the User/Traveler by means of a single contract covering all Services included therein, or, if the Package is provided on the basis of separate contracts, by means of the set of contracts concerning the Services included in the Package. In the case of the sale of a tourism package, Escursì S.r.l. acts as Organizer/Tour Operator and therefore is liable for any prejudice suffered by the User/Traveler resulting from failure to perform organizational obligations or from improper performance of the Tourism Services included in the Package. The travel contract consists, in addition to the following general conditions, of the description of the tourism package contained in the separate travel program, as well as the booking confirmation of the services requested by the User/Traveler. It is sent by the Tour Operator to the User/Traveler or to the travel agency acting as the Traveler’s agent, and the Traveler shall have the right to receive it from such agency. By signing the proposal to purchase a Tourism Package, the User/Traveler must keep in mind that they acknowledge having read and accepted, for themselves and for the persons for whom they request the all inclusive service, both the travel contract as governed therein, the warnings contained therein, and these General Contractual Terms of Use (Tour Operator) – General Terms of Sale for a tourism package.

2. Information for the Traveler – Technical sheet

Before the start of the Package, the Organizer and the Intermediary shall provide the Traveler with the following information: (i) timetables, intermediate stops and connections; (ii) information on the identity of the operating air carrier, where not known at the time of booking, pursuant to Article 11 of EC Regulation 2111/05 (Art. 11, paragraph 2, EC Reg. 2111/05: “If the identity of the actual air carrier or carriers is not yet known at the time of booking, the contracting party to the air transport shall ensure that the passenger is informed of the identity of the actual air carrier or carriers as soon as their identity has been established and of any operating ban within the European Union”).

The Organizer shall prepare in the catalog or in the out of catalog program, including in electronic form or via telematic means, a technical sheet. It contains technical information relating to the legal obligations to which the Tour Operator is subject, such as, by way of example: (i) details of the Organizer’s administrative authorization; (ii) details of traveler guarantees pursuant to Art. 50 of the Tourism Code; (iii) details of civil liability insurance policy; (iv) validity period of the catalog or travel program; (v) parameters and criteria for adjusting the travel price (Art. 40 of the Tourism Code).

3. Purchase proposal and bookings

Acceptance of a Tourism Package booking is deemed finalized, with consequent conclusion of the contract, only when the Organizer sends the relevant confirmation, including by telematic system, to the User/Traveler or to the travel agency acting as agent, which will deliver it to the Traveler. Information relating to the Tourism Package not contained in the contractual documents, brochures or other written means of communication will be provided by the Organizer in due compliance with the obligations under applicable law (Art. 37, paragraph 2, Tourism Code), before the start of the trip. Specific requests regarding the methods of provision and/or execution of certain services forming part of the Tourism Package must be made at the time of the booking request and must be the subject of a specific agreement between the User/Traveler and the Organizer or between the Organizer and the travel agency acting as the Traveler’s agent.

4. Payments

At the time of booking, payment of a deposit equal to 30 percent of the price of the purchased Tourism Package may be required. The balance must be paid within fifteen days before the Package is provided.

Failure to pay the above amounts by the established dates constitutes an express termination clause and therefore will result in termination by operation of law, with consequent application of the penalties provided for in Art. 4.7, including where the Organizer has delivered travel documents or transport tickets to the customer.

5. Price

The price of the Tourism Package is determined in the contract, with reference to what is indicated on the Website, in the catalog or in the travel program and to any subsequent updates.

The price may be changed and notified to the Traveler up to twenty days before departure, provided that the adjustment does not exceed 8 percent of the original price and only as a result of changes in:

• transportation costs, including fuel costs;
• duties and taxes on certain types of tourism services, such as taxes, landing, disembarkation or embarkation fees at ports or airports;
• exchange rates applicable to the Package in question. For such changes, reference will be made to exchange rates and costs indicated in the program in force on the publication date.

If the Organizer applies a price increase exceeding 8 percent of what was originally agreed, the Traveler shall have the right to withdraw from the contract without paying a penalty.

6. Changes or cancellation of the Package before departure

In the event of significant changes by the Organizer to the Package or an essential element thereof, such changes must be communicated in writing to the Traveler, directly or through the intermediary, indicating the type of change and the resulting price variation, before the start of the Package. In such a case, the Traveler may accept the changes, accept a substitute package (of equal or higher value), or withdraw from the contract without paying a penalty, provided the withdrawal is communicated within two working days from receipt of notice of the changes. In such a case, the Traveler shall be entitled to receive a full refund of the sums paid within fourteen days of the withdrawal notice. If the Traveler accepts changes that imply a reduction in the value of the purchased Package, they shall be entitled to an appropriate price reduction.

Any changes requested by the Traveler for bookings already made do not bind the Organizer where they cannot be satisfied. If the change request entails additional costs, these will be communicated promptly.

If the Organizer cancels the tourism package before departure for any reason other than the Traveler’s fault, it will refund the Traveler, within the statutory terms, the amount paid for the purchase of the tourism package and the Traveler shall be entitled to compensation for non performance of the contract, except where the cancellation occurred due to failure to reach any minimum number of participants required, or due to force majeure or unforeseeable circumstances. For cancellations other than those caused by unforeseeable circumstances, force majeure, or failure to reach the minimum number of participants, and other than those resulting from the Traveler’s refusal of the alternative Tourism Package offered, the Organizer that cancels will return to the Traveler an amount equal to double what the Traveler has paid and what has actually been collected by the Organizer.

7. Changes or cancellation of the Package after departure

If, after departure, the Organizer is unable, for any reason other than an act of the Traveler, to provide an essential part of the services contemplated in the contract, it must arrange appropriate alternative solutions at no additional cost to the Traveler and, where the services provided are of lower value than those agreed, reimburse the Traveler for the price differences. If no alternative solution is possible, or if the solution arranged is refused by the Traveler for proven and justified reasons, the Organizer will provide, at no additional cost, equivalent transport for the return to the place of departure or to another agreed place, subject to availability of the means and seats, and will reimburse the Traveler in the amount of the difference between the cost of the agreed services and the services actually provided up to the time of early return.

8. Right of withdrawal in the sale of tourism packages and penalty clause

8.1 Outside the cases provided for in Arts. 6 and 7 and in the following point 8.2, in the event of withdrawal, meaning total or partial cancellation of the purchased Services, the following penalties shall apply depending on the cancellation date:

• up to thirty days before the Package is provided, 20 percent of the purchase price;
• from thirty to fifteen days before the Package is provided, 50 percent of the purchase price;
• from fifteen to three days before the Package is provided, 90 percent of the purchase price;

If the Traveler withdraws from the contract beyond the above time limits (that is, two or one day before the package is provided), they shall not be entitled to any refund of the sums paid.

8.2 In the event of unavoidable and extraordinary circumstances (earthquakes, natural disasters, terrorist acts) occurring at the destination or in its immediate vicinity and having a substantial impact on the performance of the Package or on the carriage of passengers to the destination, the Traveler has the right to withdraw from the contract, before the start of the Package, without paying withdrawal fees, and to a full refund of payments made, but is not entitled to additional compensation.

9. Assignment of the contract

The Traveler, after giving notice on a durable medium no later than seven days before the start of the Package, may assign the Tourism Package contract to a person who meets all conditions for use of the Service. The replacement person must reimburse the Organizer for all costs incurred to proceed with the substitution, in an amount that will be quantified before the assignment. The assignor and the assignee are jointly liable for payment of the outstanding balance of the price and the amounts relating to substitution costs. If the Provider of the Services does not accept the change of the assignee’s name, even if made within the required deadline, the Organizer cannot be held liable. Such non acceptance will be promptly communicated by the Organizer to the parties concerned before departure.

10. Hotel classification

The official classification of accommodation facilities is provided solely on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognized by the competent public authorities of the countries, including EU member states, to which the service refers, the Organizer reserves the right to provide its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance by the Traveler.

11. Liability

In the event of non performance or improper performance, the Organizer is responsible for the performance of the Tourism Services provided for in the Tourism Package contract.

The Organizer is liable for damages to the Traveler due to total or partial non performance of the contractually due services, whether performed by the Organizer personally or by third party service Providers, unless it proves that the event resulted from an act of the Traveler (including initiatives independently undertaken by the Traveler during performance of the Tourism Services) or from an unforeseeable or unavoidable act of a third party, circumstances extraneous to the provision of the services under the contract, unforeseeable circumstances, force majeure, or circumstances that the Organizer could not reasonably foresee or remedy with professional diligence.

The intermediary through whom the Tourism Package booking was made is in no case liable for obligations relating to the organization and performance of the trip, but is exclusively liable for obligations arising from its capacity as intermediary and, in any case, within the limits provided for such liability by applicable rules, including the guarantee obligations under Art. 50 and subject to the exemption under Art. 46 of the Tourism Code.

12. Limits on compensation

Compensation under Articles 44, 45 and 47 of the Tourism Code and the related limitation periods are governed by the provisions therein and, in any case, within the limits established by the CCV, by the International Conventions governing the services forming part of the Tourism Package, as well as by Articles 1783 and 1784 of the Italian Civil Code, with the exception of personal injury damages which are not subject to a predetermined limit.

13. Duty to assist

The Organizer must provide assistance measures to the Traveler required by the criterion of professional diligence exclusively with reference to the obligations incumbent upon it by law or contract. The Organizer and the Seller are exempt from their respective liabilities when the non performance or improper performance of the contract is attributable to the Traveler or is due to an unforeseeable or unavoidable act of a third party, or to unforeseeable circumstances or force majeure.

14. Complaints and reports

Any lack in performance of the contract must be reported by the Traveler without delay so that the Organizer, its local representative or the tour leader can promptly remedy it. The Traveler must, under penalty of forfeiture, submit a complaint by sending a registered letter with return receipt to the Organizer within and no later than ten working days from the date of return to the place of departure.

15. Insurance against cancellation expenses

It is recommended to take out, at the time of booking, an additional insurance policy covering expenses arising from cancellation of the package.

16. Guarantee fund

The National Guarantee Fund is established at the Directorate General for Tourism of the Ministry of Production Activities, which the consumer may contact in the event of insolvency or declared bankruptcy of the seller or organizer.

Escursì S.r.l., in compliance with regulatory obligations, has taken out an insurance policy with registration number 1854 with Fondo Vacanze Felici S.c.a.r.l.

17. Alternative dispute resolution tools

Pursuant to Art. 67 of the Tourism Code, the Organizer may propose to the Traveler, in the catalog, travel program, contractual documentation, on the Website or in other forms, methods of alternative dispute resolution for any disputes that may arise. In such a case, the Organizer will indicate the type of alternative dispute resolution proposed and the effects of adhering to it.

18. Legal sources

The sale of Tourism Packages, having as their object services to be provided in both national and international territory, is governed by the Tourism Code, specifically Articles 32 to 51 novies, as amended by Legislative Decree 21 May 2018 no. 62 implementing EU Directive 2015/2302, by Law 27/12/1997 no. 1084 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970, where applicable, as well as by the provisions of the Italian Civil Code on transport and mandate, where applicable. Further legislative provisions, the implementation of which may occur during the validity of these terms, with amending or repealing effects on the contractual terms set out below, will be made known through publication on the Website.

19. Administrative regime

The Organizer and the intermediary of the Tourism Package, to whom the Traveler applies, must be authorized to carry out their respective activities in accordance with applicable legislation, including regional or municipal legislation, given the specific competence. The Organizer and the Intermediary shall make known to third parties, before conclusion of the contract, details of the insurance policy covering risks arising from professional civil liability, as well as details of other optional and mandatory guarantee policies, to protect travelers for coverage of events that may affect the performance of the package, such as trip cancellation, medical expenses coverage, loss or damage to baggage, as well as details of the guarantee against risks of insolvency or bankruptcy of the Organizer and the intermediary, each within the scope of their competence, for the purpose of refunding sums paid or repatriating the Traveler to the place of departure.

ADDENDUM

GENERAL TERMS AND CONDITIONS FOR INDIVIDUAL TOURISM SERVICES CONTRACTS

a) Statutory provisions
Contracts relating to the offer of the transport service only, the accommodation service only, or any other separate tourism service, not constituting an arrangement of travel or a tourism package, are governed by the following provisions of the CCV: Art. 1, no. 3 and no. 6; Arts. 17 to 23; Arts. 24 to 31 (limited to the parts of such provisions that do not refer to the travel arrangement contract), as well as by the other provisions specifically referring to the sale of the individual service that is the subject of the contract.

b) Contract terms
The following clauses of the General Terms and Conditions (Tour Operator) – General Terms of Sale for a tourism package set out above also apply to such contracts: Arts. 4.2 and 4.3 and 4.14. Application of these clauses does not in any way constitute the relevant contracts as tourism package arrangements. The terminology used in the cited clauses relating to the tourism package contract (organizer, trip, etc.) must therefore be understood with reference to the corresponding figures of the contract for the sale of individual tourism services (seller, stay, etc.).

Escursì S.r.l.
VAT No. 02628920908
R.E.A. no. 191929
Registered with the Regional Register of Travel and Tourism Agencies of Sardinia, Authorization no. 456 – D.R. no. 1558/19
Travel Agency and Tour Operator Insurance Policy no. 2579726
Ordinary member of Fondo Vacanze Felici S.c.a.r.l. no. 1854