TERMS AND CONDITIONS of Rosy Smart City Tours by Maria Rosaria Castaldi - 73019 Trepuzzi (LE) - P.IVA 04861750752 - PEC: mr.castaldi@pec.it ,

Please USER read the following general terms and conditions carefully before making your purchase; if you have any questions regarding the terms and conditions, please email our customer service department at the following email address: info@rosysmartcitytours.com, our staff will be happy to answer you.

These Terms and Conditions govern the offer and sale of the activities (as defined below) on the website www.rosysmartcitytours.com and other web addresses that redirect to the website www.rosysmartcitytours.com owned by Maria Rosaria Castaldi with registered office in 73019 Trepuzzi - P.IVA 04861750752 , registered with the LECCE business registry with registration No. LE/RI/PRA/2022/21219, N°REA LE 350920

Please read all Terms and Conditions carefully before placing your order.

DEFINITIONS:

Rosy Smart City Tours by Maria Rosaria Castaldi - 73019 Trepuzzi (LE) - P.IVA 04861750752 - PEC: mr.castaldi@pec.it is a Tour Operator that manages the website www.rosysmartcitytours.com hereafter referred to as the company or www.rosysmartcitytours.com

WEBSITE OR PLATFORM: refer to the website at www.rosysmartcitytours.com and its software.

CUSTOMER: "customer" is defined as the physical or legal entity that makes purchases or reservations through www.rosysmartcitytours.com and on other web addresses that redirect to www.rosysmartcitytours.com or otherwise the physical entity that will use the purchased activities.

USER: A user is defined as a natural or legal person who visits and navigates the website www.rosysmartcitytours.com

ACTIVITIES: "Activities" are defined as Tours, Services or Products for sale on www.rosysmartcitytours.com, hereinafter referred to as Activities, Tours, Services or Products.

INFORMATION SHEET: For each tour/service that can be purchased on our website www.rosysmartcitytours.com there is an "info-Box" containing details and policy pertaining to the selected activity.

SUPPLIER: "Supplier" is defined as the entity that performs and/or provides Rosy Smart City Tours with the activities posted for sale on www.rosysmartcitytours.com

ACTIVITIES OFFERED : Rosy Smart City Tours offers vouchers/products for sale to redeem tickets, tours, activities, excursions and anything else offered by Providers. Rosy Smart City Tours acts as a reseller of the Supplier or third party and disclaims any responsibility for the adequacy of the Supplier's Service or for any consequences arising from the use of the Supplier's Service to which the Customer should directly refer.

ORDER CONFIRMATION AND PAYMENT: To confirm the order, simply follow the procedure indicated at the time of purchase by providing the necessary information (e.g. personal data and credit card). The order will be considered confirmed once payment has been made. By submitting your order you acknowledge that you have fully read, understood and accepted all details of the selected activities.

Once the Order is confirmed, Rosy Smart City Tour will email the customer the confirmation voucher, containing all the information needed to use the service.

PERSONS AUTHORIZED TO PURCHASE: individuals of legal age and legal entities.

VOUCHER and EMPLOYMENT: Once the tour order is confirmed, the customer will receive the voucher in digital form that can be shown in the following ways:

• On smartphone/tablet
• In paper form where explicitly indicated (print requirement)

The voucher may be purchased for oneself or for a third party, in which case, the Client must provide the names at least 48 hours before the tour takes place. Same procedure must be performed in the same minimum time of 48 hours for any change of names indicated on the voucher. In case of inability to use the voucher for reasons not attributable to Rosy Smart City Tours, a VOUCHER will be issued that the Customer can use within 6 months from the date set for the tour, valid for available tours offered by Rosy Smart City Tours to cover only the amount related to the original tour,

In any case, Rosy Smart City Tours reserves the right to give different directions by providing the modalities on the website or via email.

FRAUDULENT PURCHASES: if a purchase is deemed fraudulent Rosy Smart City Tours has the right to cancel the order related to that purchase.

ASSISTANCE: for any information you can contact our Customer Care at info@rosysmartcitytours.com or phone number +39 351 6264327

INSURANCE POLICY: When operating as a Travel Agency/Tour Operator Rosy Smart City Tours is covered by the policy with Reale Mutua Assicurazioni.

INFORMATION AND ACTIVITY PRICES: Prices are shown within the activity details, are in euros and always include VAT. Activity details and information are given in the InfoBox of individual services/tours at www.rosysmartcitytours.com. It is the customer's responsibility to ensure that all information on the Site is correct before submitting an order.

ACTIVITY INFORMATION: Rosy Smart City Tours performs its services with diligence and professionalism to ensure that the information in the Activity Information Sheet is correct.

DISCLAIMER OF LIABILITY: Rosy Smart City Tours is only responsible for the sale of the activities specified in the Order. In any event, Rosy Smart City Tours has no responsibility for the activities of individual Suppliers, all of whom will nevertheless be evaluated diligently and professionally. To the fullest extent permitted by applicable law, Customer agrees to exclude Rosy Smart City Tours' liability for any costs, expenses, losses, or liabilities it may incur as a result of any breach of the terms of service by any Supplier other than Rosy Smart City Tours and/or any occurrence in any way related to the service provided by such Supplier.

In packages where food and beverage tastings are provided, there is no guarantee of non-contamination with allergens and the like, consequently, Rosy Smart City Tours disclaims any responsibility in case of illness.

By purchasing a Service, the Customer agrees to and approves the relevant Terms of Service, including the Provider's policy on cancellation and for those who do not use the purchased products ("no-shows"), and any additional conditions that the Provider may apply to his/her reservation or during his/her visit.

CANCELLATIONS: Each activity will be carried out as indicated at the time of purchase. Any cancellations will be communicated only in exceptional, unforeseen and unforeseeable cases. In such cases, Rosy Smart City Tours reserves the right to propose a postponement of the Tour to be used within 6 months from the date of the cancelled service. In the event that the Customer cannot adhere to the postponement within the specified period, for reasons attributable to him, he will not be entitled to a refund of the amount already paid.

RESERVATION VARIATIONS: it is possible to request certain changes to the reservation, such as date change or fare type only under specific conditions. All variation requests can be sent to the following address: info@rosysmartcitytours.com at least 24 hours before the date of the Tour, these will be accepted at the sole discretion of Rosy Smart City Tours and/or the Supplier. The request must contain the following information:

• Reservation number;
• Travel date;
• Passenger name;
• Purchased activity;
• Type of change you want to make.

COMPLAINTS AND REFUNDS: Complaints and refund requests must be submitted to info@rosysmartcitytours.com no later than 24 hours after the date of the activity provided. These will be accepted at the sole discretion of Rosy Smart City Tours and/or the Provider. The request must contain the following information:

• Reservation number;
• Travel date;
• Passenger name;
• Purchased activity;
• Justification of the complaint/request as detailed as possible.

In case of redemption, a percentage of 2.5 percent will be withheld from the amount to be redeemed to cover administrative charges for the redemption transaction.

Refunds are not granted for those who do not show up or show up late at the meeting point ('no show') or for those who submit the claim or refund later than 24 hours from the date of the activity delivered/implemented.

CANCELLATIONS OR MODIFICATIONS BY THE SUPPLIER DUE TO FORCE MAJEURE: the supplier may change, even on short notice, its activities for reasons of force majeure (including but not limited to: earthquakes, floods, strikes, road closures, road changes, pandemics, acts of God, declarations of war, weather disasters etc...).

The Supplier has the right to cancel the activity at any time even on short notice due to force majeure (including but not limited to: earthquakes, floods, strikes, road closures, road changes, pandemics, acts of God, declarations of war, weather disasters etc.).

In case of cancellation by the Provider, Rosy Smart City Tours will contact the Client to inform him/her and to propose a change of date or replacement with another activity that is readily available within the 6-month period. In case of replacement of the activity there may be differences in rates to be compensated.

LIABILITY: Rosy Smart City Tours shall not be liable for personal injury, illness, pecuniary or non-pecuniary personal injury, property damage, or any other loss (direct or indirect) or expense resulting from the actions of Suppliers, transportation companies, hotels, or other suppliers who directly or indirectly provide services through Rosy Smart City Tours unless such loss is due to the negligence or default of Rosy Smart City Tours itself.

Rosy Smart City Tours shall not be liable for any failure or delay in the performance of its obligations, which results directly or indirectly from any cause or circumstance beyond its reasonable control.

Without limiting the generality of the above, the following are considered such circumstances: outbreak of hostilities, riots, civil unrest, acts of terrorism, revolutions, acts of any government or authority (including but not limited to the denial or revocation of any license or authorization), fire, flood, epidemic, lightning, explosion, fog or bad weather, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovation work undertaken by the arrangement suppliers, strikes, lockouts or boycotts, blockades.

The Client must report to the Provider's Service on the day and time indicated in the activity detail and/or voucher. No refunds are due in the event of no or untimely showing.

LIMITATION OF LIABILITY: Rosy Smart City Tours excludes its liability, and that of its agents and independent contractors as well as employees and representatives of Rosy Smart City Tours, their agents and independent contractors, as well as their sub-agents and distributors, for damages related to Users' access (or inability to access) the Web Site, or for any error or omission, or for the results obtained from the use of the Web Site, regardless of the legal basis for such liability, with the exception of liability for damages caused with intent or gross negligence to the extent provided by applicable law. Limitations of liability shall not apply within the scope of the warranties given, in the case of damage to life, limb, or health of a person, or in the case of claims based on product liability.

NO WAR RANTY: Rosy Smart City Tours endeavors to ensure the accuracy of the information provided on or through the Web Site. Notwithstanding the foregoing, it makes no warranty, either express or implied, as to the accuracy, completeness, currency, reliability, or fitness for any purpose of such information, or with respect to anything else (including information of any kind provided by third parties). Rosy Smart City Tours may at any time and at its sole discretion change, add or remove information on the Web Site or change its structure or functionality, and this without giving any particular notice of such change, without removing any information that is no longer current and without highlighting such information as no longer current. Rosy Smart City Tours may also block users from accessing the Web Site or certain parts of it, or allow access only under certain conditions. Rosy Smart City Tours makes no warranty, express or implied, regarding the availability of the Web Site or its functionality, that the Web Site is free of defects or that it and the infrastructure on which it relies are free of viruses or other harmful software. In addition, Rosy Smart City Tours makes no warranty that the information available on the Web Site has not been altered due to technical defects or by unauthorized third parties.

INTELLECTUAL PROPERTY RIGHTS: In the relationship between customers/users browsing www.rosysmartcitytours.com and Rosy Smart City Tours the said Web Site is and will be protected by copyright and/or other intellectual property rights (including The rights of protection granted by unfair competition regulations). Users will not acquire any rights relating to the Web Site or relating to any names, trade names, logos, trademarks and/or distinctive signs of any kind posted on the Web Site. They may access and view the Web Site, however, they may not incorporate it into other Web sites and copy, present, license, publish, download, upload, post or make it perceptible in any way without our prior written permission.

IMAGE USE CONSENT: The Client authorizes Rosy Smart City Tours to use their images taken/taken during the course of the service (photos, videos) for promotional or advertising purposes only.

DUTIES OF THE USER/CUSTOMER: The User/Customer shall keep the registration data (user login and password) secret and not allow third parties to access his/her restricted area using his/her registration data. The User/Customer is responsible for the use in any form of his/her account. The User/Customer shall release Rosy Smart City Tours from any claims raised by third parties and based on his/her use of www.rosysmartcitytours.com, unless Rosy Smart City Tours is not responsible.

AVAILABILITY AND WARRANTY: There is no guarantee of availability, quality, service features or technical support for the use of the website www.rosysmartcitytours.com may redesign, limit or suspend its online portal at any time and at its sole discretion.

TIME ZONE: The time zone of the place of service delivery shall be used for the calculation of the time related to any deadlines or schedules inherent in the activity.

RESPONSIBILITY OF THE PROVIDER: The Provider is responsible for its services in accordance with applicable law.

PRIVACY: Rosy Smart City Tours processes the Client's personal data in accordance with current regulations, for more details please see the appropriate "Privacy Policy" section.

The Client declares that he/she has read the privacy policy and gives his/her consent to the processing of his/her personal data.

MODIFICATIONS: These Terms and Conditions may be amended at any time due to the introduction of new laws or regulations or for other reasons. New Terms and Conditions are effective as of the date they are posted on Rosy Smart City Tours. We recommend that you visit this section of the Site regularly so that you can check to see if more recent and updated General Terms and Conditions have been posted.

APPLICABLE LAW AND PLACE OF JURISDICTION: These Terms and Conditions are subject to Italian law, any dispute between the parties relating to the validity, interpretation and execution of this contract, with the sole exception of those relating to the non-payment of sums due by the concessionaire, shall be referred to an arbitration board, composed of three arbitrators appointed in accordance with art 810 c.p.c. The panel will decide according to law and in accordance with the Code of Civil Procedure. The seat of arbitration will be the Court of Lecce. The award will also be appealable for violations of law concerning the merits of the dispute.

Disputes between the parties that do not fall within the jurisdiction of the aforementioned arbitration panel will be assigned to the exclusive jurisdiction of the Court of Lecce.

For matters not expressly provided for, the rules of the Civil Code, the Tourism Code and International Conventions will apply.

GREEN PASS: Rosy Smart City Tours and/or Suppliers reserve the right to apply for Green Pass/COVID Pass according to the provisions of the Italian Government in effect at the time of the date set for the Tour.

MISCELLANEOUS: these Terms and Conditions are to be considered effective only in its Italian version, all other translations are intended simply to facilitate customer and user understanding. In case of disputes, the Italian language version shall be considered valid.