GENERAL CONDITIONS FOR THE SALE OF HOTEL TOURIST SERVICES
TUSCANYALL.COM is a company registered in the Italian Commercial Register of Florence under number FI 552158 with registered office in Via di Scandicci, 22R, 50143 FLORENCE Italy and intra-community VAT number IT 05511100488 (hereinafter "TUSCANYALL.COM").
TUSCANYALL.COM is registered in the Register of travel agencies and other tour operators under the number FI 552158, whose guarantor is: ITALIANA ASSICURAZIONI SPA liability insurance no. 6125614.
TUSCANYALL.COM publishes and manages the website https://www.tuscanyall.com (also available in mobile version), a hotel reservation site and other complementary services (hereinafter, the "Site").
To contact us: contact; phone: +39 (0)55 713655.
1. PREMISE
The purpose of these general conditions (hereinafter "General Conditions") is to define the conditions under which TUSCANYALL.COM allows its Customer (hereinafter " Customer (s)") to benefit from the services, in particular the reservation services, available on this Site and described in more detail below (hereinafter the "Services").
Before booking a Service on the Site, the Customer declares (i) that he/she is acting for personal purposes which do not fall within the scope of his/her commercial, industrial, business, professional or agricultural activities and (ii) that he/she has full legal authority to accept these General Conditions. The Customer is invited to carefully read these General Conditions, the prior acceptance of which is compulsory for the reservation of any Service offered on the Site. The Customer is advised to save and print these General Conditions using the standard functionalities of his browser and computer.
TUSCANYALL.COM reserves the right to modify or supplement, at any time, in whole or in part, these General Conditions. In this case, the new version of the General Conditions will be available on the Site with the date of effectiveness. Customers are advised to consult the General Conditions on a regular basis to be aware of any changes. In any case, the Customer will only be obliged by the version of the General Conditions in force at the time the Customer makes the reservation of the Service.
The Customer shall only pay, if necessary, for the technical resources to access the Site.
2. SERVICE DESCRIPTIONS
3. BOOKING PROCESSES
The Customer chooses the Services presented on the Site or those of its Partners by following the process designed for this purpose.
3.1 TUSCANYALL.COM BOOKING SERVICES
Reservations for TUSCANYALL.COM Services are made by
the Customer on the Site.
The booking process varies depending on the navigation and the
customer's request; it includes the following steps:
- Step 1: Enter the search criteria for a destination, a structure and,
if necessary, one or more additional services;
- Step 2: Findings and selection of a structure and, if necessary,
additional service(s);
- Step 3: the details and characteristics of the selected Service(s), in
particular in the case of a Hotel Accommodation Service: the
characteristics of the Hotel Accommodation (prestige, room size, TV,
minibar, etc.), the length of stay, the options offered (e.g. breakfast,
WIFI access, etc.), the total price of the reservation including details
of applicable taxes, the legal information form if there are any related
services or tour packages, and the specific Conditions applicable
(guarantee policy, cancellation terms, check-in time, etc.);
- Step 4: Summary of the Service(s) booking with:
(i) a summary of the main characteristics (length of stay,
characteristics of the hotel accommodation and/or complementary
service(s), total amount including applicable taxes) and
(ii) customer data entry: by logging into an existing account or by
completing all mandatory fields (indicated with an asterisk) with the
possibility of saving this information for the creation of an account
for the Site;
- Step 5: Finalization of the Service(s) booking by the Customer
with:
(i) entering your payment method details, both in case of partial or
full prepayment of the reservation, as well as in case a reservation
guarantee is required for the hotel accommodation services;
(ii) consultation and acceptance of the General Conditions and the Specific Conditions relating to the reservation prior to confirmation by the Customer;
- Step 6: confirmation of the Service(s) reservation by
TUSCANYALL.COM and the Structure in question;
- Step 7: an email confirming the Service(s) booking will be sent to the
Customer summarising the Service(s) booked, the price, the Specific
Conditions accepted by the Customer, the date of the reservation made,
information on the after-sales service and access to the General
Conditions, as well as the address of the Service to which the Customer
can submit complaints.
The booking process is considered complete when the customer receives
the confirmation email.
The Customer can make a reservation for TUSCANYALL.COM Services on
behalf of one or more persons. For group bookings related to business
trips, meetings, seminars, etc., by travel agents or tour operators,
please consult the dedicated site: www.myitalytotheworld.com
4. PRICE AND PAYMENT
4.1 PRICE
The prices for the booking of the Services are indicated before, during and after the booking. For hotel accommodation services, the prices indicated are per room for the selected number of persons and date.
When confirming the Service reservation, the total price indicated to
the Customer includes all applicable taxes and is stated in the
commercial currency of the Structure (which in certain cases may be
different from the local currency of the country where the Structure is
located). Its validity is limited to the duration indicated on the
Site.
If payment of the total price of the Service reservation is made in a
currency other than that confirmed at the time of booking, the costs of
currency exchange shall be paid by the Customer. It should be noted that
any conversion of the currency confirmed in the booking into another
currency available on the Site is provided on an indicative and
non-contractual basis only, taking into account, in particular, the
possible evolution of exchange rates between the date of the reservation
and the dates of the stay in the Structure.
Unless otherwise indicated on the Site, the options (such as breakfast,
half board, full board, etc.) proposed when booking the Service are not
included in the price.
The tourist tax, indicated during the Service booking process, must be
paid directly at the Structure, unless the amount has already been
included in the cost of the stay and paid in advance online.
The prices include the VAT valid on the date of booking and, in case the
VAT rate changes, the price indicated on the booking date will be
automatically adjusted.
The price indicated on the date of the invoice shall be automatically
adjusted according to any changes or introduction of new legal or
regulatory taxes set by the competent authorities.
Finally, some promotional offers are only available on the Site and are
sold exclusively online and cannot be requested in any way at the
reception of the structure.
4.2 PAYMENT
The customer communicates his payment details both (i) for the
purposes of prepayment of the booking, (ii) and as a guarantee of the
booking, indicating directly in the space provided (data entry protected
by SSL encryption) the card number without spaces between the digits,
the expiry date (the card must be valid at the time of the stay) and the
security code of the card for payments made in advance through the
payment platforms indicated below.
TUSCANYALL.COM has chosen NEXI, AXERVE, PAYPAL to
protect online credit card payments. The validity of the card used by
the customer for the payment will be verified by the above mentioned
partners. The refusal of a credit card can depend on several reasons:
stolen or blocked card, maximum limit reached, data entry error, etc. In
case of problems, customers should contact their bank and the Structure
or other entity to confirm the booking of the Service and the method of
payment.
The online payment methods (cards, wallets, etc.) available and
mentioned on the payment page of the Site may be Visa and Mastercard,
American Express, JCB, Diners, China UnionPay, Post Finance, ELO,
Bancontact, Sofort, iDeal, Przelewy24, PayPal, Alipay, WeChat,
Sharegroop, Banque Casino. The list is subject to change.
In the case of payment to the Structure or other entity, each Structure
or entity may accept different methods of payment.
In the event that the Customer has not paid for their stay online in
advance, the Structure may ask the Customer for a deposit or a credit
card debit authorization upon arrival at the hotel. This request is used
to guarantee the payment of the values related to the services provided
by the Structure.
In the event that the Client does not show up for the reservation of a
Hotel Accommodation Service guaranteed by credit card, the Structure
will charge the Client, as a penalty, an amount equal to the price of
the first night on the credit card provided as a guarantee of the
reservation. The reservation for all other nights will be cancelled
without charge, unless otherwise stated in the Specific Conditions.
At the time of prepayment, the total amount charged for the reservation includes: the price indicated at the time of booking and the corresponding taxes and, where applicable, the prices of the options selected by the Customer (as indicated in point 4.1).
5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION
When specific conditions permit:
• The cancellation of a reservation of a Service can be made directly on
the Site through the "Enquire or cancel reservation" section;
In case of cancellation of a Service by the Customer, the full agreed
price will be charged. In case of a prepaid booking, no refund will be
made.
In the case of a Hotel Accommodation Service, unless otherwise stated in
the Specific Conditions, the Client must leave the Structure's room
before the time indicated by the Structure, generally before 12:00 on
the last day of the reservation. Otherwise, an additional night will be
charged.
6. CUSTOMER COMMITMENT AND RESPONSIBILITY
The customer is the sole responsible for the choice of the Services
of the Site and their suitability to his needs;
TUSCANYALL.COM accepts no responsibility in this
respect.
The Customer is also responsible for the information communicated when
creating an account and/or booking a Service.
TUSCANYALL.COM shall not be held responsible in case of
incorrect or fraudulent information communicated by the Customer.
Furthermore, the Customer shall be held solely responsible for the use
of the account and reservations made, in his name and on behalf of third
parties, including minors, unless it can be clearly demonstrated that
the fraudulent use is not attributable to any fault or negligence on his
part. In this sense, the customer service department of
TUSCANYALL.COM will be informed immediately of any
improper or fraudulent use of your email address, the details of which
are shown in article 9.
The Customer undertakes to use the Site and the Services offered in
accordance with the applicable legislation and these General Conditions.
In the event of failure to comply with the obligations set out in these
General Terms and Conditions, the Customer shall be liable for any
damage caused to TUSCANYALL.COM or to third parties. To
this effect, the Customer undertakes to protect
TUSCANYALL.COM from any claim, action or recourse of
any nature whatsoever that may arise therefrom and to reimburse it for
any damages, charges or indemnities.
In particular, the Customer undertakes, through the binding booking of a
Service, to pay the price and to comply with the specific and relevant
Conditions. In fact:
- Any reservation or payment that is considered irregular, ineffective,
incomplete or fraudulent for reasons attributable to the customer, will
result in the cancellation of the reservation of the Service at the
expense of the customer, without prejudice to the actions that
TUSCANYALL.COM may exercise against the same.;
- Any conduct contrary to good morals and public order within the
Structure, as well as non-compliance with the Internal Regulations of
the Structure, shall entitle the Manager of the Structure and/or any
other Service Provider to demand that the Customer abandons the
Structure, without giving rise to any compensation and/or reimbursement,
in the event that payment has already been made. In the event that
payment has not yet been made, the Customer must pay for the Services
consumed before leaving the Structure;
The Customer also undertakes to ensure that the IT resources made
available by the Structure (in particular the WIFI network) are not used
in any way for the reproduction, representation, making available or
communication to the public of works or objects protected by copyright
or similar rights, such as texts, images, photographs, musical works,
audiovisual works, software or video games, without the authorization of
the right holders. The Customer shall also respect the security policy
of the provider of the Structure's Internet access, including the rules
of use of the means of protection put in place for the purpose of
preventing the unlawful use of computer resources and to refrain from
any act that might impair the effectiveness of such means.
7. TUSCANYALL.COM COMMITMENT AND RESPONSIBILITY
TUSCANYALL.COM undertakes, within the framework of
an obligation of means, to facilitate access to the Site and the
Services offered in accordance with the General Conditions, to act with
diligence and competence and to make every effort, within reasonable
limits, to correct any malfunctioning of which it becomes aware.
TUSCANYALL.COM may, however, consider it necessary to
temporarily suspend access to all or part of the Site, in particular for
technical maintenance reasons, for which TUSCANYALL.COM shall not be
held responsible.
The customer acknowledges and agrees that
TUSCANYALL.COM is not responsible for any inconvenience
or damage related to Internet use, including for example:
- incorrect transmission and/or reception of data and/or information
over Internet;
- failure of the receiving device or communication lines;
- any malfunction of the Internet network that prevents the proper
functioning of the Site and/or the reservation of the Services.
The Site may refer to hyperlinks to other websites published and
maintained by third parties. TUSCANYALL.COM declines
all responsibility for the content of these websites and the services
offered on them. In this respect, it should be noted that the partners
are responsible for the promotion of the offers advertised on their
websites. Consultation of third-party websites is the customer's
responsibility.
TUSCANYALL.COM is an intermediary between each
Structure and the Customer, who expressly acknowledges and accepts this
condition. For this purpose, TUSCANYALL.COM has been
entrusted with the negotiation, training and marketing of the
TUSCANYALL.COM Services in the following Structures. It
should be noted that the Structures are managed by companies legally
independent of TUSCANYALL.COM.
In the event of disputes and/or claims relating to the stay in a Structure or to the booking of a TUSCANYALL.COM Service, the Customer acknowledges and agrees to address himself exclusively to the management company of the Structure in which he stayed. In this sense, the customer cannot in any case attribute responsibility to TUSCANYALL.COM or to any company of the group for errors attributable to the Structure.
8. FORCE MAJEURE
Neither of the parties shall be liable for non-performance of
contractual obligations due to force majeure. It is expressly agreed
that an event of force majeure suspends, for both parties, the
performance of their mutual obligations and that each party will assume
responsibility for the expenses arising therefrom. Force majeure is
considered to be the events normally recognized as such by the Court of
Cassation's case law. If the cause of force majeure lasts for more than
thirty (30) days from its occurrence, these General Conditions may
expire for any of the aforementioned parties without any of them being
able to claim damages.
In the event of force majeure or any other exceptional event preventing
the performance of the Service, and in particular, the availability of
the room in the Structure for the Client, the Structure may reserve the
right to receive the Client for the entire duration of the stay or only
for a part of it, in a Structure of equivalent category or perform a
Service of the same nature upon acceptance by the Client
9. CUSTOMER SERVICE AND COMPLAINTS
For any complaint related to the reservation of a Service on the Site, the Customer Services is available.
To write to us:
Tuscanyall.com srl
via di scandicci, 22R
50143 Florence - ITALY
E-Mail: info@tuscanyall.com
In order to facilitate the elaboration of the same, complaints regarding the lack or erroneous execution of the Services must be communicated in writing and addressed to Customer Services at the latest within eight (8) days following the date of execution of the Service.
10. PRIVACY AND DATA PROTECTION
When the Customer uses the Site, in particular when making a
reservation, TUSCANYALL.COM and the entities of the
group process the Customer's personal data in accordance with the terms
described in the "Data Protection
Charter".
Therefore, the data collected within the framework of the Customer's
reservation are intended for TUSCANYALL.COM, the
entities of the Group, its partners, its service providers (in
particular to online payment service providers) and the Structures for
the execution of the reservation or for the adoption of any
pre-contractual measures. To the extent that the safeguards required by
applicable law are in place, customer data may be transferred from
Europe to other countries that do not offer the same levels of data
protection as those required by the European Union.
In order to protect payment transactions, the entities of the
TUSCANYALL.COM Group, in particular, process personal
data to determine the level of risk of fraud associated with each
transaction. In this case, TUSCANYALL.COM and the
Structures may use the services provided by the risk prevention provider
of the TUSCANYALL.COM group in the field of risk
prevention. Depending on the results of these analyses, the
TUSCANYALL.COM Group may take security measures, which
may include asking the customer to use another booking channel or
another method of payment. These measures shall have the effect of
suspending the execution of the reservation or, if the result of the
analysis does not guarantee security, cancelling the reservation.
Fraudulent use of payment methods resulting in non-payment may result in
Customer being included in the TUSCANYALL.COM group's
register of incidents, which may lead the
TUSCANYALL.COM group to block future payments or to
carry out additional checks.
Customers may, at any time, exercise their rights under data protection
legislation. All useful information for this purpose is indicated in the
"Data Protection
Charter".
11. OTHERS
The General Conditions are regulated by Italian and European law, without prejudice to any mandatory protection provisions that may be applicable in the consumer's country of residence.
In the event of a dispute arising in connection with these General Conditions, TUSCANYALL.COM will inform the Customer of the possibility of having recourse to a traditional mediation procedure or other out-of-court settlement systems, in accordance with the conditions established by European legislation.
Guests should contact Customer Services or the Structure to try to
resolve the dispute amicably. In the event of a negative response or if
no response is received within sixty (60) days, the Customer may contact
the Travel and Tourism Mediator.
TUSCANYALL.COM also informs the Customer of the
existence of a European platform for online dispute resolution, to which
the Customer may have recourse. The Customer can access it through the
following link: http://ec.europa.eu/consumers/odr/.