Terms of Sale
These general conditions of sale have as their object the regulation of the purchase of products and services, made available via the Internet from the site www.quartaisola.it in compliance with the Italian legislation on distance contracts (Legislative Decree 70/ 2003)
The customer is required, before sending the order, to carefully read the General Conditions that have been made available to him on the Site to allow him to reproduce and store them.
Contracts concluded with La Quarta Isola di Maggio Antonino through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
La Quarta Isola di Maggio Antonino
con sede Legale: C. Cattaneo, 11, 92010, Lampedusa (AG)
The Site has the purpose of selling excursions by sea in two formulas: daytime excursion and evening excursion as well as the promotion of events with catering on board the “Quarta Isola” boat. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
The prices of the excursions are expressed in Euros and are inclusive of all taxes and duties.
Fill out the form with all the data required to receive the password to login. It is mandatory to provide the tax code for both private individuals and companies or freelancers with a VAT number in order to be able to correctly register the billing.
HOW TO ORDER
The characteristics and the price of the various excursions are shown in the section dedicated to each excursion.
To proceed with the purchase, the customer must add the reservation to the “Cart”, indicating the details of each reservation, thus expressing the desire to purchase until the order is completed.
With the order confirmation, which has the value of a contractual proposal, the customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed general and payment conditions.
The order (contract) stipulated between La Quarta Isola and the Customer must be considered concluded with the acceptance of the booking by La Quarta Isola. This acceptance is communicated to the customer via an order confirmation e-mail.
If the customer is a final consumer, once the online purchase procedure has been completed, he is required to print or save the electronic copy and in any case keep these conditions of sale, in compliance with the provisions of the Italian legislation on contracts at distance.
Viene escluso ogni diritto del Cliente ad un risarcimento danni o indennizzo, nonché qualsiasi responsabilità contrattuale o extracontrattuale per danni diretti o indiretti a persone e/o cose, provocati dalla mancata accettazione o evasione, anche parziale, di un ordine.
TERMS OF PAYMENT
The customer can pay for all or part of the order by: Credit Card.
CONFIRMATION AND RECEIPT OF THE BOOKING ORDER
Once the order has been received, La Quarta Isola will check the availability of free seats on the boat and will therefore proceed with the confirmation of the same. If there is no availability at the time of booking, it will not be possible to complete the booking, as the service will verify the unavailability of the service in real time. The Customer can decide whether to confirm the shipment or cancel it.
At the time the order is placed, the Customer receives an e-mail confirming the booking. The communication contains a summary of the General and Particular Conditions applicable to the contract, to the withdrawal, the booking number, the summary of the billing data, the list of services purchased with their brief descriptions, the price of the individual booking items and the total amount paid.
MODIFICATION OR CANCELLATION OF THE EXCURSION BEFORE DEPARTURE (ART. 40 CdT)
- Before the start of the package, the organizer cannot unilaterally modify the conditions of the contract other than the price in accordance with article 39, unless this right has been reserved in the contract and the modification is of minor importance. The organizer communicates the change to the traveler clearly and precisely on a durable medium.
- If, before the start of the package, the organizer is forced to significantly modify one or more main characteristics of the tourist services referred to in Article 34, paragraph 1, letter a), or cannot satisfy the specific requests referred to article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 percent pursuant to article 39, paragraph 3, the traveler, within a reasonable period specified by the organizer, can accept the proposed change or withdraw from the contract without paying any withdrawal costs. In the event of withdrawal, the organizer may offer the traveler a replacement package of equivalent or higher quality.
- The organizer informs the traveler, without unjustified delay, in a clear and precise way on a durable medium:
- of the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 4;
- a reasonable period within which the traveler is required to inform the organizer of his decision pursuant to paragraph 2;
- of the consequences of the traveller's failure to respond within the period referred to in letter b) and of any replacement package offered and the relative price.
- If the changes to the tourist package contract or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an adequate price reduction.
- In the event of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer will reimburse without unjustified delay and in any case within fourteen days of withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 of the CdT apply.
WITHDRAWAL OF THE TRAVELER (ART. 41 CdT)
- The traveler can withdraw from the tourist package contract at any time before the start of the package, upon reimbursement to the organizer of the expenses incurred, adequate and justifiable, the amount of which the latter provides reasons to the traveler who requests it.
- The package travel contract may provide for reasonable standard cancellation penalties, calculated on the basis of the moment of cancellation of the contract and the expected cost savings and expected revenues deriving from the reallocation of travel services.
- up to 8 days before departure: no penalty;
- up to 2 days before departure: 50% of the price per person;
- beyond this term: 100% of the price per person.
- up to 30 days before the arrival date: 10% of the price per person;
- from 29 to 21 days before the arrival date: 30% of the price per person;
- from 20 to 11 days before the arrival date: 50% of the price per person;
- from 10 to 4 days before the arrival date: 75% of the price per person;
- from 3 to 0 days before the arrival date: 100% of the price per person.
From the indication of the penalty percentage indicated above, journeys that include the use of planes, trains, ferries, cruise ships are excluded. In these cases the conditions relating to cancellation penalties are deregulated and much more restrictive.
In the event of interruption of the stay, there will be no refund, unless the customer is able to present a specific declaration from the hotel management or other supplier of the booked services in consent to the refund, for the unused services . This procedure is strictly required and the organizing agency will only reimburse the amount so authorized less any agency fees.
- In the absence of specification of the standard cancellation penalties, the amount of the cancellation penalties corresponds to the price of the package less the cost savings and the income deriving from the reallocation of tourist services.
- In caso di circostanze inevitabili e straordinarie verificatesi nel luogo di destinazione o nelle sue immediate vicinanze e che hanno un’incidenza sostanziale sull’esecuzione del pacchetto o sul trasporto di passeggeri verso la destinazione, il viaggiatore ha diritto di recedere dal contratto, prima dell’inizio del pacchetto, senza corrispondere spese di recesso, ed al rimborso integrale dei pagamenti effettuati per il pacchetto, ma non ha diritto a un indennizzo supplementare.
- The organizer may withdraw from the tourist package contract and offer the traveler a full refund of the payments made for the package, but is not required to pay additional compensation if:
- the number of people registered for the package is less than the minimum required by the contract and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and in any case no later than twenty days before the start of the package in case of journeys lasting more than six days, seven days before the start of the package in the case of journeys lasting between two and six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;
- the organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the traveler without unjustified delay before the start of the package.
- The organizer proceeds with all the refunds prescribed in accordance with paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1,2 and 3, reimburses any payment made by or on behalf of the traveler for the package after deducting the appropriate expenses , without unjustified delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the functionally connected contracts stipulated with third parties are terminated.
SUBSTITUTIONS AND TRANSFER OF THE TOURIST PACKAGE TO ANOTHER TRAVELER (ART. 38 CdT)
- The traveller, upon notice given to the organizer on a durable medium no later than seven days before the start of the package, can transfer the tourist package contract to a person who meets all the conditions for using the service.
- The transferor and the transferee of the tourist package contract are jointly responsible for the payment of the balance of the price and any duties, taxes and other additional costs, including any administrative and file management costs, resulting from this transfer.
- The organizer informs the assignor of the actual costs of the assignment, which cannot be unreasonable and which do not exceed the expenses actually incurred by the organizer as a result of the assignment of the package travel contract, and provides the assignor with proof relating to the rights, taxes or to the other additional costs resulting from the assignment of the contract.
- In any case, the Traveler who requests the variation of an element relating to an already confirmed practice, provided that the request does not constitute contractual novation and provided that it is possible to implement it, will pay the Tour Operator, in addition to the expenses resulting from the modification itself, a lump sum fixed cost.
The information relating to the products provided through the Site is constantly updated, however it is not possible to guarantee the complete absence of errors. La Quarta Isola reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice.
Any complaint must be forwarded to La Quarta Isola in the following ways:
- By sending an e-mail to firstname.lastname@example.org
- By calling the number +39 335.6133.335
- By registered letter with return receipt to the address: Via C. Cattaneo, 11, 92010, Lampedusa (AG)
APPLICABLE LAW AND JURISDICTION
The sales contract between the customer and La Quarta Isola. It is concluded in Italy, regulated by Italian law. For the solution of civil and criminal disputes deriving from the conclusion of the distance purchase/sale contract, if the Customer is a consumer, the territorial jurisdiction is that of the court of Agrigento.
INTELLECTUAL PROPERTY RIGHTS
- The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of “La Quarta Isola” and/or its assignees, without the Customer deriving any right over the same from access to the Site and/or from the purchase of the Products.
- The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of “La Quarta Isola”.