General Provisions for Contracts for the Sale of Individual Tourist Services
Contracts which have as their object only a travel service, only a transport service, only an accommodation service or another separate tourist service which cannot be configured as a negotiated case of a travel organisation or a tourist package do not enjoy the protection provided for travellers by European Directive 2015/2302, with the exception of those relating to the following: Bookings, Payments, Client Obligations, Client Withdrawal, Client Requested Changes, Excursions and Day Tours, Liability and Disclaimer, Jurisdiction.
01. EXCURSIONS AND DAY TRIPS
All EtnaWay – Legendary Sicily S.r.l. excursions and day trips are subject to availability. The minimum number of participants for each tour is 4. If the minimum number of participants is not reached, the excursions and tours may be changed or cancelled. Tours are also subject to change or cancellation due to weather conditions and/or volcanological conditions. Should the client fail to turn up for the appointment more than 20 minutes after the agreed time, the booking will be considered a “no-show” and no refund can be made. The organiser may, at its sole discretion, change both the itinerary and the duration of the excursion up to the start of the excursion, depending on weather conditions and other factors that may affect the tour. In the event of rejection of the other service offered, the client may only receive a refund of the price paid, any other form of compensation is excluded.
02. LIABILITY AND WAIVER
Participants in excursions or other activities are obliged to follow the instructions of the guides and leaders and not to move away from the group. The organisers and guides are not liable for any personal injury and/or damage to property caused by a participant who has not followed the instructions received or has not adhered to the rules of good conduct. The guide may, at his or her discretion, decide to interrupt the excursion or activity if he or she deems it necessary for his or her own safety or the safety of others in order to ensure the highest level of safety at all times. The participant declares on his/her own responsibility that he/she has been informed in advance about the characteristics and difficulties of the excursion and that he/she is in a suitable psychophysical condition for the excursion. He/she also declares that he/she agrees with the proposed programme and has the appropriate and/or recommended equipment. When minors participate in excursions/activities, the legal guardians must make a declaration in which they accept responsibility for the sporting/recreational activity and the psychophysical integrity of the minor. Participants suffering from allergies, intolerances or other health problems must inform the organiser and tour guides in advance and take personal medication with them. It is forbidden to smoke during the excursions and to carry dangerous goods, weapons or drugs. The participant is aware of the risks and dangers associated with excursions and activities in nature and accepts responsibility for any damage that he/she may cause directly or indirectly to other persons and/or property through careless and dangerous behaviour.
All walks/activities are covered by insurance. The insurance does not cover damage to persons, third parties or property if this is due to negligent, careless behaviour and disregard for the basic rules of safety and good conduct. EtnaWay – Legendary Sicily S.r.l. shall not be liable for any damage to persons, third parties or property occurring in the accommodation which is not its property. In this case, it is up to the participant to check the insurance conditions of the chosen institution.
03. PAYMENT MODALITIES
Payment for individual tourist services must be made in a single payment to the organiser at least seven days in advance by bank transfer or by credit card (pos), payable at the organiser’s agency. The client may be authorised to make payment in cash or by card directly to the driver or tour guide.
04. WITHDRAWAL BY THE CUSTOMER
The customer is entitled to withdraw from the individual service in accordance with the following provisions:
Helicopter: In case of cancellation by the client less than 60 days prior to the travel date, the following cancellation fees will apply:
– No-show or cancellation within 24 hours before departure: 100% of the price
– Cancellation between 24 and 72 hours before departure: 75%.
– Cancellation between 72 hours and 7 days before departure: 50%.
– Cancellation between 7 and 14 days before departure: 30%.
– Cancellation between 14 and 59 days before departure: 10%.
– Cancellation more than 60 days before departure: free of charge