General Conditions for the Sales of Services of Pagus Wine Tours s.a.s.
Pagus Wine Tours s.a.s. (or “Pagus”) is a company that works in the field of tourism. More specifically it’s a tourist and travel agency, pursuant to article 1/4 of Legislative Decree number 79, of May 23, 2011, and it organizes wine and food tours, using its own means of transportation, covering the area of Verona and the surrounding provinces, and offering a service of people transportation and tour guiding for its clients.
Pagus carries out its activity under the Directive of the Province of Verona number 1593/13 of April the 18th, 2018. | The insurance policy of Pagus is number 63150248-RC16 with EuropaischeReiseversicherung A.
The contact info of Pagus is as follows:
Address: Via San Giuseppe, 18 – 37123 Verona (Italy)
Telephone number:+39 327 796 5380
Organizer: this refers to the Pagus company.
Tourist: this term means the client receiving a service rendered by Pagus.
Service: here one refers to the activity of driving tourists around in a vehicle which belongs to Pagus, with a tour guide. Our services are a variety of solutions proposed on our website, www.valpolicellawinetours.com.
2. Acceptance of the General Conditions
Acceptance takes place by means of booking a service by filling out an online form. The tourist declares and recognizes having viewed, read, and accepted the present General Sales Conditions.
The booking proposal must be written on the specific online contract form, found at our website www.valpolicellawinetours.com. The form must be completely filled out and signed by the tourist. Acceptance of the booking will be considered as completed, with the conclusion of the contract, exclusively at the moment when the organizer sends the corresponding confirmation, also online, to the tourist using the e-mail address that he or she indicated during booking.
Pursuant to article 32, paragraph 2, of the Tourism Code, before setting out on the tour the organizer will give any indications regarding the service which are not contained in the contract documents, in the brochures, or in any other written forms of communication.
4.1 The prices of our services are indicated on the company website, www.valpolicellawinetours.com, and they vary according to the choices that the tourist makes. If ever it occurs that after having completed one’s booking, as in article 3 above, the price of the service undergoes variations, such variations will be communicated to the tourist by Pagus. The tourist, in this case, will have the right to accept the variation of price and confirm the booking, or, on the other hand, he or she has the right to withdraw from the contract within and no later than seven days after the communication has been sent. In the case that the tourist does not respond to the communication, the booking will be considered as having been confirmed.
4.2 Payment of the service will take place by sending part of the amount due at the moment of the booking, and this will be considered as a down payment amounting to 30% of the total price of the booking.
4.3 The rest of the amount will be transferred to Pagus no later than seven days before the date on which the service is to be carried out.
4.4 Failure to pay the amounts as described above, at the established dates, will constitute the cause of termination of contract, which will be determined by Pagus, with Pagus’ consequent right to keep the previously transferred down payment.
5.1 If ever Pagus holds it to be necessary to cancel or significantly modify one or more elements of the service before departure, they will immediately notify the tourist in written form, indicating the type of modification and consequent variation of price.
5.2 If the tourist does not refuse the proposal of modification, as in 5.1 above, this will mean that the proposal has been accepted. In the case, however, that it is necessary for the tourist to cancel the booking, due to cause not attributable to the tourist, then he or she can exercise the right to get the money back which one has transferred, or to use the offer and consume a service of similar value and characteristics on a different date.
6.1 The tourist can rescind the contract in the following cases:
a) without any reason within 14 days of sending the order, using the online form, pursuant to article 49, paragraph 4 of Legislative Decree 206/2005;
b) if the price of the service goes up by more than 10%;
c) if the service one has booked undergoes significant modifications;
d) seven days before the planned realization of the service.
In the cases listed above, the tourist will have the right to be refunded the entire sum of the down payment, as in article 4.2 above.
6.2 Should the tourist withdraw from the contract in a manner which goes beyond the hypothetical situations mentioned above, then Pagus will keep the down payment, as in article 4.2 above, and the tourist will be charged the entire sum for the booked service.
7.1 The withdrawing tourist may be substituted by another person, provided that:
a) the organizer has been informed at least four work days before the planned date for the realization of the service. Such notification must be in written form, whereby the organizer shall receive contextual notification about the generalities of the assignee;
b) the assignee satisfies all the conditions for the fruition of the service (ex art. 39 Cod. Cons.), and particularly the requisites regarding one’s passport, visas, and health certificates.
7.2 The transferor and assignee will be held jointly and severally liable for the entire payment of the amount, as in letter d) of this article.
8.1 The tourists will be obliged to inform the organizer of their nationality, and, upon setting out on the excursion, they must be sure to have their individual passports with them, or any other such document which is valid for Italy.
8.2 Furthermore, the tourist must must comply with the normal rules of prudence and diligence, and he or she must adhere to the information given by the organizer.
8.3 The tourists will be responsible for all the damages that the organizer or third parties may suffer due to a failure to adhere to the above-mentioned obligations. The tourist will also be responsible for any kind of damages he or she causes during the fruition of the service.
8.4 Furthermore the tourist must communicate to the organizer, at the moment of booking, any special, personal requests which might be the object of specific agreements on how to carry out the tour, providing that it is feasible to fulfill one’s requests.
8.5 The tourist is always obliged to inform the organizer about possible special needs or conditions (pregnancy, food intolerance, handicaps, etc.…). And the tourist must be explicit when explaining one’s requests for personalized services. The organizer reserves the right to not accept the booking in the case that the service cannot be carried out in keeping with the special needs as mentioned above. And such refusal on behalf of Pagus will not cost them any indemnification, apart from giving back the down payment as in article 4.2.
9.1 The organizer is obliged to give assistance to the tourist according to the requirements of professional diligence, exclusively in reference to the obligations for legal or contractual disposition.
9.2 The organizer is responsible for the damages caused to the tourist for the total or partial non-fulfillment of the services due according to the contract, both if the services are rendered by the organizer or by third providers, unless the organizer proves that the event is caused by the tourist (included initiatives autonomously taken by the tourist during the service) or by situations beyond the supply of the arranged service in the contract, by an accidental case, by circumstances beyond the organizer’s control, or in cases that the organizer could not imagine or solve.
9.3 The organizer is not liable for damages suffered by the tourist which are caused by third parties who are not employed by Pagus, or for damages to things over which Pagus has no control or management. On the same token, the tourist is directly responsible for damages to things or to persons or to him or herself, when such damage derives from his or her own action during the fruition of the service. Furthermore, the organizer is not responsible for the loss or damage of goods that belong to the tourist, in less the event was caused by the organizer or by its personnel caused by willful act or gross negligence.
9.4 Generally speaking, the organizer is exonerated from its responsibility (articles 9 and 10 of the General Conditions above) when the failure or partial failure to execute the contract is due to the tourist or when such failure is due to an unforeseeable or unavoidable event, or was caused by an accidental event or by ‘force majeure’.
10.1 Any breech of contract must be contested by the tourist without delay, enabling the organizer or a company representative to verify the substance of the tourist’s allegations.
10.2 Moreover, the tourist must make a complaint via postal mail, using the postal form that shows proof of receipt (i.e. by certified letter), to Pagus, to the address in article 1 above, within and not later than 10 workdays from the moment of returning to the departure point for the journey.
For any dispute deriving from the interpretation of the present contract or linked to how the conditions of the contract were fulfilled, the case will be decided upon according to Italian law and any possible sentence or judgment will be made strictly at the Court of Verona (Italy).
In compliance with art. 13 of Legislative Decree 196/2003 (protection of personal data)
The treating of personal data -whose conferring is necessary for the conclusion and execution of the contract – has been executed in compliance with art. 13 of Legislative Decree 196/2003, in paper and digital form.
pursuant to articles 1341 and 1342 of the Italian Civil Code, and one expressly approves the following clauses:
5. Modifying or Annulment of the Booking; 6. Withdrawal on behalf of the Tourist; 8. Obligations on behalf of the Tourist; 9. Regime of Responsibility on behalf of the Organizer; 10. Complaints and Damage Reports; 11. Competent Court