General Terms and Conditions for the Sale of Tourist Packages and Experiences


Nearby Italy (Trademark owned by Serendipity di Sarinelli Jessica)



Preamble

These general terms and conditions of contract (hereinafter, "General Conditions") govern the sale and use of tourist packages, experiences, guided activities, and tours (hereinafter, collectively "Services") organized and offered by Nearby Italy, a trademark owned by Serendipity di Sarinelli Jessica, with registered office at Strada Maggiore 5a, 40125 Bologna, VAT Number 04282741208, hereinafter referred to as the "Organizer."

This contract is governed by Legislative Decree 23 May 2018, n. 62, which implements EU Directive 2015/2302 relating to package travel and linked travel arrangements, and subsequent amendments and integrations, as well as by the Civil Code and other applicable relevant regulations.

The purchase of one or more Services by the client implies full acceptance and commitment to comply with these General Conditions.



1. Subject of the Contract


The contract concerns the booking and use of the tourist Services (tourist packages, experiences, guided activities, tours) proposed and organized by Nearby Italy, as described in detail on the website www.nearbyitaly.com or through direct and personalized communications.

Services can be purchased directly by end customers or through other tourism operators (e.g., travel agencies, foreign tour operators) acting as intermediaries on behalf of their clients.



2. Bookings and Confirmations


Booking requests can be made through the Nearby Italy website, email, phone, or through our commercial partners.

A booking is considered valid and the contract finalized only upon:

  • Receipt of payment from the client, according to the methods indicated at the time of booking.
  • Written confirmation (via email or other electronic means) from Nearby Italy, containing the essential details of the booked Service (e.g., date, time, meeting point, inclusions and exclusions, contact details).


Nearby Italy reserves the right not to accept incomplete bookings or those not conforming to its policies. In case of non-confirmation by Nearby Italy within a reasonable time from the receipt of payment (and in any case before the start of the service), the amount paid will be fully refunded to the client.



3. Prices and Payments


Currency and VAT: All Service prices are indicated in Euros (€) and are understood to include VAT, unless otherwise specified in the Service description or in the personalized quote. Any local taxes or city taxes, if not expressly included, will be borne by the client and will be indicated before booking.


Payment Methods: Payment can be made using the methods indicated at the time of booking, which may include credit card, bank transfer, PayPal, or other electronic payment methods. All payment transactions are managed by third-party certified payment service providers, ensuring the security of the client's financial data.


Transaction and Booking Management Fees: Please be informed that the final price of the Service includes a percentage of 3% (three percent) related to transaction and booking management fees. This 3% amount is non-refundable in case of Service cancellation by the client, regardless of the applicable cancellation conditions and the penalty foreseen, as it covers administrative and banking costs not recoverable by Nearby Italy.


Payment Authorization: By authorizing payment, the client consents to the use of their payment information for collecting the Service price. Nearby Italy reserves the right to subject the use of specific payment methods to a solvency check or other security conditions, if deemed necessary.


Package Price: The price of the tourist package or experience is established in the contract and may be subject to revision only in specific cases provided by law (e.g., changes in the cost of transport, fuel, exchange rates, taxes or duties). Any price changes will be communicated to the client with adequate notice and, if they exceed a certain percentage provided by law (generally 8%), will entitle the client to withdraw without penalty.



4. Meeting Point and Client Punctuality


Meeting Point: The exact meeting point for each activity or tour will be detailed in the booking confirmation sent to the client. It is the client's responsibility to review this information.


Punctuality: Participants are required to arrive at the meeting point at least 15 minutes prior to the scheduled start time for the Service, unless otherwise specified in the booking confirmation. This time allowance is necessary for check-in and to receive final instructions.


Delay or No-Show: In the event of a client's delay, no-show, or absence at the meeting point at the scheduled time, Nearby Italy is not obliged to guarantee the client's participation in the Service or a refund of the amount paid. In such circumstances, the Service will still be considered regularly provided, and no refund will be due. It is not Nearby Italy's responsibility to wait beyond the start time or retrieve late clients.



5. Customized Requests and Modifications (Tailored Services)


When a client requests a tailored experience, Nearby Italy commits to offering a flexible service attentive to individual needs, working closely with the client to define the best proposal.


Free Modification Requests: During the organization of a tailored experience (i.e., a non-standard catalog service, but created ad hoc), the client is entitled to a maximum of 3 (three) free modification requests to the initial proposal. A "modification request" means each distinct moment in which the client communicates to the Organizer the need to make adjustments or revisions to the presented proposal.


Content of Requests: Each single request may contain one or more modifications simultaneously (e.g., "add an hour to the tour, change the start time, and specify a vegetarian menu"). All these modifications, communicated at the same time, will be counted as a single "modification request."


Beyond the Free Limit: From the fourth modification request onwards (i.e., after using the three free ones), Nearby Italy reserves the right to apply an additional fee for the personalized management of further modifications. This cost will always be communicated to the client in advance and will be subject to their acceptance before proceeding with the revisions.


Reverting to Previous Proposals: The rule stated above also applies if, after making revisions, the client chooses to revert to a previous proposal or version of the package. Each modification request, even if it restores a previous state, will be counted.



6. Cancellations by the Client


Cancellation conditions vary depending on the Service booked. They will always be clearly specified in the activity description on the website, in the personalized quote, and in the booking confirmation.


Unless otherwise expressly indicated, the following cancellation penalties apply:

  • Free cancellation: up to 24 hours before the scheduled start time of the Service. In this case, the total amount paid will be fully refunded to the client.
  • Paid cancellation:
  • For cancellations communicated less than 24 hours before the scheduled start time of the Service, a penalty of 100% of the total amount is applied. In this case, no refund will be possible.
  • In case of a no-show (failure to appear) or delay not communicated in time, preventing the use of the service, the service will be considered as regularly provided, and therefore no refund will be issued.


Cancellation Method: Cancellations must be communicated promptly and in writing to Nearby Italy via email at info@nearbyitaly.com. The timeliness of the cancellation will be determined by the date and time of receipt of the communication by Nearby Italy. A confirmation of receipt of the cancellation will be sent to the client.


Special Cases: Any stricter cancellation conditions (e.g., for tours that include non-refundable tickets, flights, accommodations with strict policies) will always be clearly highlighted in the Service description or in the quote and booking confirmation. It is the client's responsibility to review these conditions before proceeding with the booking.


Refunds: Refunds, if due and applicable, will be issued using the same original payment method used for the purchase of the Service, within a reasonable period from the confirmation of cancellation.



7. Minors


Minor participants (under 18 years of age) must always be accompanied by at least one responsible adult (parent, guardian, or authorized person with written permission).

The accompanying adult is solely responsible for the minor for the entire duration of the Service and must ensure their supervision and compliance with the rules. In case of non-compliance with this condition, the Organizer reserves the right to exclude the minor from the tour or service, without any right to a refund for either the minor or the accompanying adult.



8. Failure to Perform the Activity (Due to Client's Fault)


Nearby Italy is not responsible for the non-use or interruption of the activity caused by errors, oversights, delays, absence of required documents, undeclared health problems, inappropriate behavior, or other direct shortcomings on the part of the client. In such cases, the activity will be considered as regularly performed, and no refund will be provided.



9. Complaints and Refund Requests


On-site complaint (Timeliness): Any alleged failure in the execution of the contract or service disruption encountered by the client during the performance of the Service must be promptly reported to the Organizer or its local representative (e.g., guide, tour leader, service provider), so that Nearby Italy or its providers can promptly remedy it. Failure to promptly report by the client may jeopardize the right to claim or compensation if the problem could have been resolved on-site.


Formal post-travel complaint: Without prejudice to the preceding point, any complaints or refund requests related to the Services must be submitted in writing to the email address info@nearbyitaly.com no later than 10 working days from the date of the client's return to the place of departure (or from the date of conclusion of the service, if not part of a package tour with a later return).


Content of the Complaint: The communication must contain a detailed and documented description of the service disruption or problem encountered (e.g., date and time of the event, circumstances, persons involved, nature of the damage), accompanied by any relevant documentary evidence (e.g., photos, videos, receipts for expenses incurred due to the disruption).


Statute of limitations: Please note that the right to compensation for damages other than personal injury expires one year from the date of the traveler's return to the place of departure. For personal injury, the statute of limitations is three years from the date of the traveler's return.



10. Force Majeure and Service Variations


Nearby Italy is not responsible for delays, variations, interruptions, or cancellations of services due to force majeure or unpredictable events not attributable to the Organizer's will. Such causes include, but are not limited to:

  • Extreme weather conditions (e.g., floods, exceptional snowfall, storms that make routes impassable or activities dangerous).
  • Natural disasters, fires, earthquakes.
  • Strikes, public demonstrations, road or rail blockages, riots.
  • Provisions or measures by local or national authorities (e.g., extraordinary closures of museums, archaeological sites, roads for events or public safety).
  • Accidents or technical failures of transport vehicles or facilities that prevent the provision of the service.
  • Pandemics, epidemics, health crises, and related restrictions.
  • Other unpredictable events beyond the control and capability of the Organizer or its providers.


In such cases:


Route/Activity Variations: Routes and activities may undergo variations, schedule changes, or cancellations, even without prior notice, in order to ensure the safety of participants and the feasibility of the Service. Nearby Italy undertakes to propose, where possible, equivalent alternative solutions.


Refunds in Case of Force Majeure for the Entire Service: In case of total cancellation of the Service attributable to force majeure, the amount paid for the canceled Service will be refunded to the client. Nearby Italy will not be responsible for further claims for damages or compensation for services not directly provided by Nearby Italy or for indirect damages (e.g., travel costs, accommodation, other services booked independently by the client).


Management of Non-Refundable Components (e.g., Entrance Tickets): If the Service includes the purchase of entrance tickets for museums, attractions, events, shows, or specific transportation (e.g., high-speed trains, inflexible scheduled flights) whose third-party providers' refund policies state non-refundability even in cases of force majeure, Nearby Italy cannot guarantee a refund of the proportional part relating to such tickets. In such circumstances, Nearby Italy reserves the right to:

  • Propose a date change for the use of the same attraction/service, if such option is granted by the third-party provider and is compatible with the client's itinerary.
  • Offer a credit of equal value usable for future Nearby Italy services, proportional to the non-refundable ticket portion.
  • Not refund the proportional part of such tickets if no date change or credit alternatives are available from the third-party provider, or if the client does not accept the proposed solutions. The non-refundability of these specific components will always be indicated in the Service description or in the quote at the time of booking.


11. Liability


Nearby Italy acts as an organizer of tourist packages and experiences or, in some cases, as an intermediary for services offered by third parties. We are committed to selecting third-party providers (e.g., tourist guides, restaurateurs, drivers, accommodation facilities) with whom we collaborate with the utmost care and professionalism.


Organizer's Liability: Nearby Italy is responsible for the correct execution of the services included in the package tour contract, subject to the exceptions provided by law. The Organizer's liability for any damages suffered by the client is limited according to legal provisions and applicable international conventions.


Non-Attributable Disruptions: However, Nearby Italy is not responsible for disruptions, damages, losses, or delays not directly attributable to its own organization or to gross negligence on the part of its directly controlled employees or suppliers. We are not responsible for acts or omissions of third parties not directly involved in the provision of the service organized by us (e.g., additional services purchased independently by the client, behavior of other participants).


Third-Party Provider Liability: Third-party providers (e.g., airlines, railway companies, hoteliers, external guides, etc.) are responsible for the services they provide within their respective competencies and according to their service conditions.



12. Personal Data Protection


All your personal data collected through the Nearby Italy website or through booking channels are processed by Serendipity di Sarinelli Jessica as the Data Controller, in accordance with the General Data Protection Regulation (GDPR - EU Regulation 2016/679) and Italian personal data protection legislation.


Nearby Italy shares your personal data with the providers of tourism services (e.g., hotels, transport companies, guides) to the extent strictly necessary for the execution of the service contract between you and the Organizer, or when necessary to fulfill a legal obligation, and for other legally permitted purposes.


Service providers (e.g., hotels, guides) to whom your data are communicated for the provision of services may act as independent data controllers for their specific purposes, assuming their own responsibility for the processing of your personal data.

You will find detailed information on how your personal data is processed, the purposes, legal bases, your rights, and how to exercise them, in our dedicated Privacy Policy. We invite you to consult it carefully.



13. Intellectual Property and Website Content


All content on the Nearby Italy website (texts, images, logos, videos, graphics, etc.) is the exclusive property of Serendipity di Sarinelli Jessica or their respective owners and is protected by copyright and intellectual property laws.

Reproduction, distribution, publication, or use of any content from the site without prior written authorization from Nearby Italy is prohibited.



14. Changes to Terms and Conditions


Nearby Italy reserves the right to modify or update these General Conditions at any time, including as a result of regulatory changes. Changes will be effective as soon as they are published on the website. We invite you to periodically consult this page to always be informed about the applicable General Conditions. The purchase of Services subsequent to the publication of changes implies acceptance of the new General Conditions.



15. Applicable Law and Competent Court


This contract and these General Conditions are governed by Italian law.

For any dispute arising from the interpretation, execution, or termination of this contract, the exclusive jurisdiction shall be the Court of the place of the registered office of Serendipity di Sarinelli Jessica (therefore Bologna), unless otherwise provided by mandatory law (for example, the consumer's forum, if applicable).