Art. 1 - Organization and rules applying
The object of the contract are trips organised by Bassani S.p.A. (Province of Venice - C.C.I.A.A. n. 00163310279), whose registered office is in Santa Marta, Dorsoduro Venice, building 17, tel. +390412727820; authorization No. 20448. The contract is governed by the following provisions and subject to the provisions of Legislative Decree No. 79/2011 and the International Convention referred to in law No. 1084/1977.
Art. 2 – Contractual terms
This contract consists of the General Terms below.
Art. 3 – Price-review
The price of the trip is expressed in euros (€) next to the service description. This price may be changed, within five days prior to the trip, only depending on variations of single elements making up the service and the Client will be informed of the exact indication of the variation of the price element that has led to the revision itself. If the change were to exceed 10% of the original price, the Client is entitled to withdraw from the contract within forty-eight hours prior to departure of the trip and to request a refund of the price paid. In case the Client exercises his right of withdrawal, he will have to fill in the refund form available on the website www.gondolaserenade.com on the page Refund Request. The Organizer will refund the amount paid by the Client to the credit card used for the purchase of the trip within seven days of receipt of the communication of withdrawal and the refund request. The Organizer will not be held responsible for delays in the crediting of the amount returned to the Client, that are attributable to the bank and/or banks handling the crediting operation.
Art. 4 - Insurances - Guarantee fund
Bassani S.p.A. organizer, is in possession of an insurance policy in accordance with the existing legislative regulations. According to the government decree 79 of 23/05/11, Art.51, a Guarantee Fund has been set up at the Presidency of the Council of Ministers - Department for Tourism Development and Competitiveness, of which all travellers can make use in the event of insolvency or bankruptcy of the seller or of the organization, for refund of the price paid and the return of the customers to their home in case of journeys abroad; it also provides immediate financial means in case of forced return of tourists from non-Community countries in case of emergencies, whether they are attributable or not to the behaviour of the organizer. The management and operational practices of the Guarantee Fund are determined by the President of the Council of Ministers or by decree of the Minister Delegate in concert with the Minister of Economy and Finance and the Ministry of Economic Development.
Art. 5 - Withdrawal
The Client is entitled to withdraw from the contract within fourteen days from its conclusion provided withdrawal is made within forty-eight hours prior to departure of the trip. In case the Client exercises his right of withdrawal, he will have to fill in the refund form available on the website www.gondolaserenade.com on the page Refund Request. The Organizer will pay back the amount paid by the Customer to the credit card used for the purchase of the trip, within seven days of receipt of the communication of withdrawal. The Organizer will not be held responsible for delays in the crediting of the amount returned to the Client that are attributable to the bank and/or banks handling the crediting operation.
Art. 6 - Responsibilities of the organization
The responsibility of the organisation towards the Client for any damage incurred due to non-fulfilment or incorrect fulfilment of obligations under this contract shall be governed by the laws and international conventions mentioned in preceding Art. 1. Therefore, for whatever reason arising, in no event shall the responsibility of the organizer towards the Client in relation to the alleged damage exceed the limits established by the laws and conventions mentioned above. The travel agent (Seller) from whom the trip was purchased is liable only for obligations arising in his capacity as an intermediary and in any case within the limits established for such responsibility by the the laws and conventions mentioned above. Excluded is in any case the responsibility of the organizer and the Seller wherever the non-fulfilment alleged by the Traveller is due to causes attributable to the Traveller himself, or to a third party foreign to the provision of the services established by the contract, or to unforeseeable circumstances or force majeure. Furthermore, the organizer cannot be held liable for any damages arising from services which are not part of the tour package and are provided by unrelated third parties or arising from autonomous initiatives taken by the Traveller during the trip.
Art. 7 - Complaint
Any failure in the fulfilment of the contract must be brought forth by the Traveller without delay so that the Organizer, his local representative or the tour guide, can immediately remedy the situation. The Client must also, under penalty of forfeiture of rights, file a complaint by sending a registered letter with acknowledgement of receipt to the Organizer as well as the Seller no later than 10 working days from the date the trip has taken place.
Art. 8 – Vessels
For the tour exclusively authorized vessels are used.
Art. 9 - Failure to provide the service due to bad weather. Interruption of the trip. No-show at embarkation.
The trip is carried out under the responsibility of the gondolier captaining the boat. In the event of severe weather conditions, including excessive high tide or low tide, the gondolier may decide - at his sole discretion - not to make the trip for security reasons. In such cases the Organizer will propose to the Client to make the trip on the next day or on the two days following the booking, depending on availability. If the Organizer fails to provide the trip within the following forty-eight hours, or if the Client is not able or willing to accept, he will receive a refund of the price paid for the trip. In order to obtain a refund the Client must fill in the refund form available on the website www.gondolaserenade.com on the page Refund Request. The Organizer will refund the amount paid by the Client, to the credit card used for the purchase of the trip, within seven days of receipt of the refund request. The Organizer will not be held responsible for delays in the crediting of the amount returned to the Client that are attributable to the bank and/or to banks handling the crediting operation. In case the trip starts and the gondolier decides - at his sole discretion - to interrupt the trip as a result of adverse weather conditions, the Client shall not be entitled to a refund of the price paid, neither total nor partial. The Client must be present at the starting point of the trip at least fifteen minutes prior to the start of the trip in order to allow for the operations of embarking on the gondola. In case the Client arrives late at the starting point and as a result fails to embark, he shall not be entitled to the refund of the price paid for the trip.
Art. 10 - Force majeure
The organizer is not liable for the failure of the service purchased, if the trip cannot be carried out for reasons of force majeure. Force majeure means one or more of the following impediments: (a) War (declared or not), armed conflict or a serious threat thereof (such as, in particular, hostile attack, siege, military embargo), hostilities, invasion, act of foreign enemy, extensive military mobilization; (b)civil war, insurrection, rebellion, revolution, military or usurped power, riot, civil commotion or civil unrest, acts of violence of the crowd, act of civil disobedience; (c) act of terrorism, sabotage or piracy; (d) acts of the authority, legitimate or illegitimate, to comply with laws or government orders, rules, regulations, or guidelines, curfews, expropriation, compulsory purchase, confiscation of property, seizure, nationalization; (e) disaster, plague, epidemic, natural disasters such as (in particular) violent storm, cyclone, typhoon, hurricane, tornado, storm, earthquake, volcanic eruption, landslide, tidal wave, tsunami, flood, damage or destruction caused by lightning, drought; (f) explosion, fire, destruction of machinery, equipment, factories and any type of plant, prolonged suspension of transport, telecommunications or electricity; (g) (g) widespread social conflicts, such as in particular strikes and lockouts, white strikes, occupation of factories and buildings; (h) ordinances of the City of Venice preventing in whole or in part, navigating the canals of the historic city centre coinciding with the time scheduled for the trip.
Art. 11 - Applicable law. Competent Court of Jurisdiction
This contract is governed by the Italian law. Any dispute arising between the Client and the organizer concerning the interpretation or implementation of the contract falls under the exclusive competence of the Court of Venice.