TERMS AND CONDITIONS OF USE OF THE ONLINE PURCHASE PLATFORM
AND OF THE SERVICES PROVIDED BY GARDATOURS.COM
Last update: 13/01/2025
We ask Users to carefully read the following terms and conditions before using the application.
PART I: Premises1. Binding AgreementThe following Terms and Conditions govern the relationship between the User of the online purchasing platform (the “Platform”) available on the website gardatours.com (the “Site”) and its Provider, namely:
a) for the purchase of “Tours” – as defined below – “CONSORZIO MOTOSCAFISTI SIRMIONE SOCIETÀ CONSORTILE A RESPONSABILITÀ LIMITATA” (Tax and VAT ID 02784020980), with registered office in Via Trento, 1 Sirmione (BS) 25019, contactable at: e-mail info@gardatours.com and PEC motoscafisti@pec.it
b) for “Rentals” – as defined below – “SIRMIONEBOATS SRL” (Tax and VAT ID 04084210980), with registered office in Via Trento, 1 Sirmione (BS) 25019, contactable at: e-mail rent@sirmioneboats.info and PEC sirmioneboats@pec.it
The purpose of the Platform is to allow the purchase of the Services displayed through it.
The terms under PART II concern the use of the Platform and the Purchase Procedure by the User.
The terms under PART III contain information for the User regarding the purchasable Services, and the rights and obligations of the Purchaser.
Use of the Platform implies acceptance of the Terms and Conditions set forth in this document, which are binding for both the User and the Purchaser.
Both the use of the Platform and the purchase made through it entail the acceptance of the obligations contained in these Terms and Conditions.
The purchase, in particular, constitutes – without the need for any further action – a valid and binding contract between the Purchaser and the Provider, as defined below.
2. DefinitionsFor the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below (regardless of singular or plural use):
“User”: anyone who uses, even without registering, the “Platform” or, with reference to PART III, the Services.
“Registration”: the process that associates credentials (username and password) with a specific User.
“Purchaser”: anyone who, using the Platform, completes the Purchase Procedure.
“Provider”: both the provider of the Platform and the provider of the Service purchased, namely:
“Parties”, depending on the case, refers to the User or Purchaser on one side, and the Provider on the other.
“Site”: the website gardatours.com hosting the Platform.
“Platform”: the online purchase platform available on the Site, with the purpose described in the previous article.
“Service”: everything that can be purchased directly on the Site, generally a boat tour provided by the Provider (“Tour”) or the rental of a boat without a captain (with power such that no boating license is required) (“Rental”).
“Purchase Procedure”: the procedure described in article 5 below.
“Checkout”: the final phase of the Purchase Procedure, which ends with an “Order.”
“Cart”: the virtual space containing the list of Services the User may later purchase.
PART II: The Platform3. Obligations of the UserTo use the Platform, the User must be of legal age and have full legal and natural capacity. By using the Platform, the User declares that they meet these requirements.
By using the Platform, the User also undertakes to:
- enter accurate personal data and promptly update it if it changes;
- if registered, safeguard their credentials and account under their own responsibility;
- ensure that the Platform is used exclusively for the aforementioned purpose, avoiding actions—whether intentional or negligent—that may temporarily or permanently impair its availability to other Users;
- immediately report any actions or events that may infringe the rights, intellectual or industrial property, or exclusive rights of the Provider or third parties;
- provide the guarantees required at boarding and access to Services, as per article 10.
Violation of any of the above obligations shall entitle the Provider, after written notice, to suspend the User’s account, temporarily or permanently, at its sole discretion.
Violations of the obligation under letter c) above shall also entitle the Provider to invoke this termination clause, determining—through written notice—the termination of the contract, without any right of the User to compensation or damages.
4. Obligations of the ProviderThe Provider undertakes to:
- make the Platform available to Users free of charge;
- ensure reasonable continuity of Platform operation;
- provide truthful and complete information to Users;
- fulfill, within the limits set forth in PART III, its obligations toward Purchasers.
5. Modification of Terms and ConditionsThe Provider reserves the right, acknowledged by the User, to unilaterally amend these Terms and Conditions.
The new Terms and Conditions shall be binding from the day following their publication on the Site.
Any User who does not wish to accept these or the amended Terms and Conditions, or who, having already registered, wishes for any reason to delete their account, may do so from their profile page.
6. Description of the Purchase ProcessFor the above purpose, the User may use the Platform through the following steps: accessing the Platform (with or without Registration), viewing and, if desired, selecting the Services.
At this stage, the User may customize the Service or purchase additional items.
Selection adds the item to the Cart.
By viewing the Cart, the User may review the selected Services (and optionally remove them). The User may correct data at any stage before Checkout but not after placing the Order. After that, the User must contact the Provider directly.
By submitting the Order via the designated button, the User definitively confirms the Order and concludes – subject to payment – the Purchase Process.
The Purchase Process can be completed in all languages available on the Platform.
7. Completion of the Purchase Process and Order ConfirmationThe Purchase Process becomes binding for both the Provider and the User only upon actual payment of the price displayed at Checkout.
The User acknowledges that completing the Purchase Process via the confirmation button constitutes an “order with payment obligation,” and from that moment, they become the Purchaser.
Available payment methods are listed on the Site and again during Checkout.
Payment may only be made using these methods.
Upon receiving the Order and payment, the Provider will send an e-mail confirmation of the Order to the Purchaser.
PART III: Characteristics of the Services and Related Obligations8. Services OfferedThrough the Platform, the User may purchase tickets for tours organized by the Provider using motorboats or vessels operated by the Provider’s staff, without the User or ticket holders needing a boating license (“Tour”).
The User may also purchase additional items (e.g., drinks, food, towels, photography services, or other optional extras advertised on the Site).
Alternatively, the User may request the rental of a boat without a captain (with power such that no boating license is required) (“Rental”).
With regard to the Services, the User declares that they, or the person using the Service, are able to take part in a boat tour without causing harm to themselves or others, are in good physical condition, and are able to swim.
As for additional items and the exact itinerary, the User acknowledges that these are non-essential elements and that their purchase decision was not based on them.
In case of allergies or intolerances of the User or the person using the Service, they undertake to notify the Provider in writing before using the Service and release the Provider from any liability for damages resulting from failure to do so.
Any element not expressly indicated on the Site or the Platform is excluded from the Service.
9. Insurance and LiabilityThe Provider’s vessels are covered by mandatory insurance as required by law.
However, no additional insurance coverage is provided for the User, who remains free to obtain personal travel insurance.
10. Boarding and Access to ServicesFor both Tours and Rentals, the Parties agree that the Provider’s obligation begins by granting the User the right to board (approximately 15 minutes before the scheduled Service time).
The User acknowledges and guarantees that, to enjoy the Service, they or the Service user must be at the boarding point in advance (about 15 minutes prior) with the ticket received after purchase.
If this does not occur, the Provider shall not be obliged to guarantee boarding, and no refund of the ticket, Service, or additional items will be made.
The ticket is valid only for the specific Tour/Rental and boarding indicated on it.
Without a ticket, or if it has been tampered with, damaged, or rendered unreadable, boarding will not be allowed and the User must immediately leave the queue.
At boarding, the User guarantees that they or the Service user will not be in an altered physical or mental state, will queue orderly, and will take a seat on the boat accordingly.
They also guarantee, for themselves and the user, that these actions will be carried out without causing disturbance, delay, or safety risks to others.
They further guarantee that both at boarding and during the tour, they will follow the Provider’s staff instructions and comply with the captain’s orders, if present.
If these conditions are not met, the Provider may deny boarding and access to the Service, with no right to refund for the User.
11. Change of Itinerary and Service CancellationThe Provider reserves the right – acknowledged by the User – to modify the indicated itinerary slightly for safety reasons, by authority order, or due to force majeure (including weather or navigation conditions deemed not optimal).
If particular safety concerns arise or if weather or navigation conditions make it inappropriate to proceed, the Provider has the right to cancel the Service. In such case, the User will be refunded according to the Refund Policy below.
12. Consumer Rights, Withdrawal, and Cancellation by the UserThe Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) grants the Purchaser, if a natural person qualifying as a Consumer, certain rights.
Firstly, where applicable to the offered Services, the legal warranty of conformity provided by the Consumer Code itself.
Secondly, the right to withdraw from the Contract, without giving any reason and without penalties, within 14 days of purchase.
This right may be exercised by the Purchaser in one of the following ways:
(i) via Certified Electronic Mail (PEC) sent to the Provider’s PEC address indicated at the beginning of these Terms and Conditions
(ii) by sending any explicit declaration of withdrawal by registered mail with return receipt to the Provider’s registered office
(iii) by sending the standard withdrawal form attached to the Consumer Code, available at this link: https://www.agcm.it/dotcmsDOC/normativa/consumatore/allegato_dgs21_2014.pdf
The Purchaser will have validly exercised their right of withdrawal if the communication is sent before the 14-day period expires.
For timeliness, the date on the acceptance receipt of the PEC (followed by the delivery receipt) or the postal delivery date of the registered letter (followed by the acknowledgment of receipt) will be used as proof.
Exercising the withdrawal right within the above terms terminates both Parties’ obligations to perform the Contract and grants the Purchaser the right to a refund, provided that neither they nor anyone on their behalf has already used the Service.
The Provider also allows the Purchaser—beyond the legal period—to cancel the Service with at least 24 business hours’ notice (considering public holidays at the Provider’s location) before the boarding time.
Cancellations made after that period will not be refunded.
13. RefundsRefunds due to the Purchaser will be made using the same payment method used during the Purchase Process. Refunds will be processed from the first business day following receipt of a valid withdrawal or cancellation and in any case within 14 days from that date.
14. Complaints and Dispute ResolutionAny complaints may be sent to the Provider’s contact details listed at the beginning of this document.
In case of disputes, customers may also use the European Commission’s Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
15. Governing Law and JurisdictionThese Terms and Conditions and the Contract concluded with the Purchaser are governed by Italian law.
For any dispute relating to these Terms and Conditions, jurisdiction shall lie with the court of the Purchaser’s place of residence, if they qualify as a Consumer, or otherwise with the Provider’s registered office.
16. Privacy and Data ProtectionUse of the Platform implies acceptance of the Provider’s Privacy Policy available on the Site, describing the purposes of data processing and users’ rights.
Personal data of Users and Purchasers will be processed in compliance with the General Data Protection Regulation (GDPR).
