Fare Harbor/Towns of Italy

FareHarbor Policies and Terms
1/25/24

GENERAL

FLORENCETOWN is a trade registered mark property of FLORENCETOWN SRL, licensed Travel Agency and Tour Operator in Firenze, via de’ Lamberti, 1 50123, Firenze.

Florencetown organizes and carries out the excursions presented in this programme on the basis of the administrative authorisation of the Florence Provincial Authority, DIA dated 08.2.2007.

The program conforms to the text established according to the D.L. 111/95, approved by EEC regulation no. 90/ 314.
Confirming any service with email, fax or through the concierge and travel agency implies to have read and agreed the terms and commission explained as follows.

1. Introduction. Notion of tourist package

a) the Legislative Decree no. 111 of 17.03.95, concerning the execution of the Directive 90/314/CE, for consumer protection states that both the organizer and the seller of the tourist package asked by the customer, must be licensed for carrying out their activities (art. 3/1, letter A, 111/95 Legislative Decree)

b) the customer has the right to receive a copy of the tourist package sale contract (in accordance with article 6 of the 111/95 Legislative Decree), which is the necessary document to apply for the Guarantee Fund in reference to article N. 18 of these general contract terms. The notion of “tourist package” (article 2/1 of 111/95 Legislative Decree) is the following: The objects of tourist packages are journeys, holidays and “allinclusive” circuits, resulting from the pre-established combination of at least two of the following elements, sold or offered for sale at a flat rate, whose length will exceed 24 hours, that is, at least one night:

a) transportation; b) accommodation; c) tourist services not additional to transportation or accommodation (omissions)… which are an important part of the “tourist package”.

2. Legislative sources

Besides these general conditions, the sale contract of a tourist package is also regulated by the clauses pointed out in the journey documentation, given to the customer. This contract, concerning the arrangement of travel, holiday and single tourist service sales, is also regulated by the Law of 27th Dec.1977 no. 1084, ratified and executed by the Travel Contract International Convention (CCV), subscribed on the 23rd April1970 in Bruxelles. In addition to the above mentioned CCV, the sale contract of a tourist package is also regulated by Legislative Decree n.111/95, emanated as an enforcement of the Directive n.90/314/CE concerning the journey, holidays and “all-inclusive” circuits. Furthermore, the contract at distance signed by the consumer, for all the applications to the contracts for free time services, is subject to the Legislative Decree n. 185 of the 22nd of May 1999, concerning the “Implementation of the 97/7/CE directive about the consumer protection in regard contract at distance”, and to the Legislative Decree n.70 of the 9th of April 2003 concerning the “Implementation of the 2000/31/CE directive about some juridical aspects of the information society in the home market, particularly referred to the e-commerce”

3. Technical data

FLORENCETOWN srl Tour Operator, n. 255 on the regional register of travel and tourism agencies with license DIA of 08feb07 released by the Regione Toscana, Insurance Policy R.C. EUROP ASSISTANCE policy n. 26679. The validity of the tourist package offered by FLORENCETOWN srl Tour Operator is shown inside each tourist package’s informative card published on-line on www.florencetown.com site. As for the tourist packages created by FLORENCETOWN srl Tour Operator, the change of reference in regard of currency adjustments is shown inside every information card published on the booklet (electronic or in paper), or outside the catalogue

4. Booking

Booking can only be effected following the consumer acceptance of the general conditions of this contract. The contract is to be considered when FLORENCETOWN srl Tour Operator has confirmed the booking, with the relevant information, via e-mail, fax or by telephone. Specifications about the package or about a single tourist service are included in the notes and details of the offer (displayed before the contract subscription), or in other communication tools, as provided by the law in force. In case the tourist product created by FLORENCETOWN srl Tour Operator and published on a brochure requires a minimum number of participants, FLORENCETOWN srl Tour Operator reserves the right not to carry out the trip if the requested minimum number of participants has not been achieved.

5. Price

The price of the tourist package is fixed in the contract, in accordance with what has been written in the catalogue or brochure (on paper or electronic), or out-of-catalogue programme, or possible updates of the catalogues or the extracatalogue programs which might have been done afterwards. Extra expenses, such as compulsory fee to pay in loco, are always specified in the notes and details of the offer. The price can be changed until 20 days before departure and only in case of variations of the following: transportation costs,including the fuel cost; taxes and fees on some kinds of tourist services, such as landing and embarkation or disembarkation fees, in ports and airports; exchange rates applied to the package itself. As for such variations, these will be referred to the exchange rates and to the above-mentioned costs, as well as to the relevant prices quoted at the moment of the booking application.

6. Customer rescission without penalty

The customer can withdraw from the Contract, without paying penalties, in the following cases:

· Price increases over 10 percent, due to the reasons specified in the above-mentioned art. 5;

· Significant modification of one or more material elements of the contract, which can objectively be defined fundamental for the fruition of the tourist package taken as a whole, and proposed by the organizer after the contract itself stipulation, but before the departure, not accepted by the customer. In the above-mentioned cases, the customer has, alternatively, the right to:

• Take advantage of an alternative Florencetown tourist package, without extra cost or with the return of the overcharge in case the second tourist package is of inferior value than the first one.
• Get the return of the only amount of money already given. The refund must be effected within seven working days from receiving the refund written application form. The customer will have to submit his decision (to accept the modification or to recede) within and no longer then two working days from the moment in which he has being given the notice of the rise or variation in price. In case of lack of explicit official announcement within the above-mentioned term, the proposal formulated by the organizer is considered accepted.

1. Participants obligations

The participants have to be equipped with personal passports or other documents valid for the destination Country, with the health certificate if required. Furthermore, the tourist will have to follow ordinary cautiousness and diligence rules, and specific rules effective in the destination countries, all the information supplied by the organizer, as well as the regulations and administrative and/or legislative provisions regarding the tourist package. The participants will be asked to answer for all the damage suffered by the organizer because of their incapacity to follow the above-mentioned obligations. The customer must provide the organizer with all the documents, the information and the elements owned by himself, which might be useful for exercising the subrogation right of the latest towards third parties, responsible for the damage. The customer is held responsible by the organizer for the detriment of the subrogation right. At the moment of the booking, the customer will also communicate, in writing, to the organizer the details needed which might possibly be part of specific agreements, such as journey instructions, provided their accomplishment is possible.

8. Responsibility

The organiser is responsible for the damage caused to the customer because of the total or partial default of the services described in the contract, either if these are performed by himself or third-party suppliers, unless he proves that the event depends on the customer (including initiatives taken by himself independently, during the execution of tourist services), or on events not linked with the supply of the services described in the contract, fortuitous events, act of God, or by circumstances that the organizer itself might not reasonably foresee or solve, on the basis of a principle of professional care. Under no circumstances will the seller receiving the booking of the tourist package answer for the obligations coming from the travel organization. However, the seller is solely responsible for the obligations coming from its intermediary activity, in conformity with the responsibility limits fixed by the above-mentioned laws or conventions. FLORENCETOWN srl Tour Operator, is also responsible for the privacy of the consumer data, exclusively when these arrive on the database and not during their transmission.

9. Compensation limits

Under no circumstances, the organizer compensation will be higher than the compensation indemnities described by international conventions, with reference to the performances whose non-fulfillment caused the responsibility, that is the Warsaw Convention of 1929 about international air transportation, the text modified at The Hague in 1955; the Berna Convention (CIV) about railway transportation; the Bruxelles Convention of 1970 (CCV) about the organizer responsibility . In any case, the compensation limit cannot exceed the sum of 2,000 Germinal gold francs for property damage, fixed in article 13 no. 2 CCV, and 5,000 Germinal gold francs for any other damage”, as well as for those fixed in art.1783 of Civil Code. In case of the change of these conventions, or formulation of international new ones concerning the services objects of the tourist package, the indemnity limits will be applied according to the law in force at the moment of the unfortunate event.

10. Obligation of assistance

The organizer is obliged to perform assistance to the customer, on the basis of a professional diligence principle, solely with reference to its obligations, or by contract or law regulation. The organizer and the seller are exempted from their responsibilities (art. 13 and 14), when the unsuccessful or wrong execution of the contract depends on the customer or depend on an inevitable or unforeseeable third-party event, or on a fortuitous or act by God event.

11. Complaints and charges

Every unsuccessful execution of the contract must be notified by the customer on the very moment of its happening. In this way, the organizer or its local representative can immediately find a remedy for it. The customer can make a complaint by sending a registered letter, with receipt note, to the organizer, within 10 working days from the date of the return to the place of the departure. If complaints happen in the execution place of the tourist services, the organizer has to assist the costumer according to art.13 in order to find a prompt an equal solution. In the same way, even in case of complaint reported at the end of the service, the organizer will have to provide and guarantee in any case a prompt answer to the customer request.

12. Insurance

In case an insurance is not explicitly included in the price, it is possible before departure, and it is recommended to take out special insurance policies covering expenses deriving from the cancellation of the tourist package, illnesses, accidents and lost luggage..

13. Guarantee Fund

In case of insolvency or bankruptcy of the organizer, the customer can turn to the “National Guarantee Fund For the Consumer of the Tourist Package”, in accordance with the Ministerial Regulation n.349 of the 23 July 1999 for the achievement of the following needs :

a) refund of the price paid for services entirely or partially not enjoyed;

b) repatriation, in case of journeys to foreign countries.

c) an immediate economic availability in case of forced return of tourists from non-EC members, on occasion of emergencies due or not due to the organizer’s behaviour.

A part from urgent circumstances, when is possible to address directly to the competent diplomatic representations, to obtain the Found intervention a written demand must be presented describing the situation, expenses, and including the original travel contract and all the payments made, to the following address: Ministero delle Attività Produttive, Direzione Generale per il Turismo , Ufficio C1 – Tutela del Turista, Via della Ferratella, 51 00184 Roma. e-mail: fondodigaranzia@tin.it – fax n. 06 773 – 626

The procedure to make use of the Fund are fixed by means of the President of the Council of Ministers Decree , in conformity with art. 21 no. 5, Legislative Decree 111/95).

14. Place of jurisdiction / arbitration clause

All disputes between the two parties in connection with this Contract shall take place in the Court in which the organiser is located. With one accord it could be foreseen that the controversies from the application, interpretation, contract execution, will be up to an Arbitration Tribunal, composed by the same amount of designed arbiters as the number of parties in cause plus one as President nominated by the designed arbiters, that is, in absence of the Tribunal President, where the organizer is legally located. The Arbitration Board located in the organizer legal office will ritually decide according to the law, prior an eventual tentative of reconciliation.

SMALL GROUP TOURS

Notwithstanding any contrary clause, the contract is governed by the provisions of law no. 1084 dated 27.12.77, ratification and enactment of the International Convention relating to the Travel Contract (C.C.V.).

No minimum number required to start the excursion, unless specified.

There will be no penalty for cancellations of excursion bookings communicated in writing to the organisation at least 48 hours prior to the booked excursion date.

No reimbursement will be granted to any client who is not at the place of departure at the time established; similarly, no reimbursement will be granted to clients who lose contact with the guide or who do not complete the excursion.

If for any reason the organization cancels the excursion, the client may claim reimbursement only of the sum paid.

During the periods of greatest attendance, despite of the reservations, the entry to the museums could be subjected to delays against the prearranged timetable, which are not attributable to the organization staff responsibility.

Where, due to operational difficulties or reasons beyond its control (travel conditions, strikes, changes in opening hours, closure of museums, delays or other problems), the organization should be obliged to change the program, then an alternative itinerary and/or visits to other museums will be proposed, without any variation to the established tariff, and the client will be informed prior to departure.

Unless otherwise stated, excursions are free for children under the age of three; for children aged between three to twelve there is a 30% reduction. Show a document proving children’s age, upon request.

Children under 18 must always be accompanied by at least one adult.

In the case of unexpected increases of individual prices, exceeding 10%, as a result of new taxes or duties, the tariffs will be adjusted and the clients notified in writing.

The excursions scheduled in the programme are covered by third-party insurance for the risks, the indemnity limits and the guarantees laid down in D.L. 111/95 with EUROP ASSISTANCE policy n. 26679.

The organization cannot accept responsibility for damage caused by third parties or for reasons beyond their control, and cannot be held responsible for the loss of valuables, luggages or objects during excursions.

Any complaint by the client must be communicated in writing to the organization staff within and no later than 10 business days after the date of the tour.

Any disputes will be settled by The Court of Florence.

PRIVATE TOURS

Notwithstanding any contrary clause, the contract is governed by the provisions of law no. 1084 dated 27.12.77, ratification and enactment of the International Convention relating to the Travel Contract (C.C.V.).

Renunciation prior departure

• In case a registered participant would withdraw from the contract before departure for different reasons than those of art. 6., the tour operator will apply the following penalties, beside the burdens and costs of the services cancellation:
• 100% refund is due of the total amount if the renunciation is given to Florencetown until 8 days before the starting of the booked services

No refund is due if the renunciation is given to Florencetown from 7 days before the starting of the booked services

No refund is due to travellers who decide to interrupt the travel or their service already started.

Modification or cancellation prior departure

In case in which FLORENCETOWN srl Tour Operator, before the departure, gives written communication of its impossibility to supply one or more services of the tourist package , the consumer will have the right to choose another tourist package of the same quality or superior without any additional costs or an inferior tourist package with the restitution of the difference in price, or the customer will be refund of the sum already paid within 7 working days from the moment of the rescission or cancellation, if the cancellation is depending on circumstances not imputable to the customer.

Modification after departure

In case that after the departure the organizer cannot supply, for any reason (apart from circumstances depending on the customer) an essential part of the services included in the contract, alternative solutions will have to be provided to the consumer without extra-charges. If the value of the supplied services is lower than the value of the estimated ones, the value of the difference must be refund. In case no alternative solution is possible, or the solution offered by the organizer has been refused by the customer for serious and justified reasons, the organizer will provide free-of-charge a means of transport equivalent to the original one, which should have also been used for going back to the initial departure point, or to another possibly pre-established place, compatible with availability. The customer will be refunded in accordance with the difference between the cost of the estimated services and the cost of the services granted up to the moment of anticipated return.

Transfer of bookings

The customer has the right to be replaced by a different person by giving written notice to FLORENCETOWN srl Tour Operator. The renouncing client can be replaced by another person always if: a) the organizer has been informed in writing at least 4 working days before the fixed departure date, receiving at the same time a notice concerning the name and address of the assignee; b) the substitute meets all the conditions for the fruition of the service (ex article 10 of Leg. Decree 111/95), requirements relating to the passport, visas health certificates, hotel accommodation and transport services ; c) – the replacing person has to pay a substitution fee of €50 which is to cover all the expenses concerning the substitution. The renouncing customer is severally responsible for the payment of the settlement by the assignor, as well as for the costs under letter c) of this article. As for some kinds of services, it may happen that a third party service supplier does not accept the modification of the assignee name, even if it has been carried out within the terms under letter a) of the present article. FLORENCETOWN srl Tour Operator will not be responsible for the possible non-acceptance of the modification by thirdparty service suppliers. This non-acceptance will be immediately communicated by FLORENCETOWN srl Tour Operator to the parties before departure.

If for any reason the organization cancels the service, the client may claim reimbursement only of the sum paid.

During the periods of greatest attendance, despite of the reservations, the entry to the museums could be subjected to delays against the prearranged timetable, which are not attributable to the organization staff responsibility.

Where, due to operational difficulties or reasons beyond its control (travel conditions, strikes, changes in opening hours, closure of museums, delays or other problems), the organization should be obliged to change the program, then an alternative itinerary and/or visits to other museums will be proposed, without any variation to the established tariff, and the client will be informed prior to departure.

Children under 18 must always be accompanied by at least one adult.

In the case of unexpected increases of individual prices, exceeding 10%, as a result of new taxes or duties, the tariffs will be adjusted and the clients notified in writing.

The excursions scheduled in the programme are covered by third-party insurance for the risks, the indemnity limits and the guarantees laid down in D.L. 111/95 with EUROPE ASSISTANCE policy n. 26679.

The organization cannot accept responsibility for damage caused by third parties or for reasons beyond their control, and cannot be held responsible for the loss of valuables, luggages or objects during excursions.

Any complaint by the client must be communicated in writing to the organization staff within and no later than 10 business days after the date of the tour.

Any disputes will be settled by The Court of Florence.

ADDENDUM

Single tourist service general regulation

a) Regulations

The contracts concerning the transportation and accommodation only, or any other separate tourist service, since they cannot be considered contractual cases of travel organization, which is the tourist package, are ruled by the CCV provisions: according to these, FLORENCETOWN srl Tour Operator in quality of travels intermediary, stipulates with the consumer a contract through which it commit itself to supply the customer with a service allowing a travel or a stay at a given global price.

b) Contract conditions To the sale contract of the single tourist services are applicable the general sale-contract conditions, even if the application of these articles does not absolutely determine the configuration of the relative contracts as the presented tourist package. The terminology of the mentioned clauses relating to the tourist package agreement (organizer, travel, etc.) has to be seen with reference to the correspondent figures of the sale contract of the single tourist services (seller, stay, etc)

Compulsory note according to the Italian Law n.269/98, article

16. The Italian Law punishes the crimes concerning prostitution and juvenile pornography by means of reclusion, even if these crimes are committed abroad. This English translation of our Italian Terms & Conditions is provided to our customers for information purposes only. Only the Italian Terms & Conditions are legally binding and authoritative.

Google Adwords And Remarketing

Florencetown s.r.l. uses all features of Google Analytics for Display Advertisers. That includes obtaining specific visitor cookie data, such as the source, medium and keyword used to visit our website. Google Analytics does not store any visitor specific data and we will not use visitor specific data in any way related to Google Analytics, Google Adwords, and Remarketing. Florencetown s.r.l. uses remarketing with Google Adwords and analytics to display content specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Google Display Network implemented. Florencetown s.r.l. and other third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitor’s past visits to our website. We take our users’ privacy very seriously. We feel that certain personal information should always be kept private, so we’ve developed restrictions around the types of ads where we don’t allow remarketing. When creating remarketing lists, we can’t use any sensitive information about users. This includes information such as their financial status, sexual orientation, and other sensitive categories. As adwords advertisers, we are restricted from and will not perform the following actions: (a) Running ads that collect Personally Identifiable Information (PII) including, but not limited to, email addresses, telephone numbers, and credit card numbers (b) Creating a remarketing list or creating ad text that specifically targets users in ways that are outlined as “prohibited” in the categories below. Visitors can opt out of Google Analytics for Display Advertisers and opt out of customized Google Display Network ads by visiting the Google Ads Settings. Definitions “User” means a unique instance of a browser, application or similar technology. “User Cookie” means the User identifier (of which a cookie is one example) associated with a User for remarketing or similar audiences. “Remarketing Lists” means a list of User Cookies created or otherwise obtained by you and used in connection with remarketing or similar audiences. “Similar Audiences Lists” means a list of Users created by Google based on a Remarketing List for use in connection with similar audiences. “Properties” means properties or content on which advertisements are shown. Creation, Migration and Use of Remarketing Lists. You must have all rights necessary to create or otherwise obtain Remarketing Lists, migrate Remarketing Lists to, and use Remarketing Lists or Similar Audience Lists on the Properties. Google will not allow another advertiser to use your Remarketing Lists or Similar Audiences Lists without your consent. Data, Selection and Targeting Restrictions. You may not (a) send to Google information or (b) use Remarketing Lists or Similar Audience Lists to select or target advertisements (i) based on past or current activity by Users on adult or gambling sites, government agency sites, or sites directed at children under the age of 13 years or (ii) based on other inferred or actual sensitive information (including without limitation, health or medical history or information, financial status or other detailed information pertaining to a person’s finances, racial or ethnic origins, religious beliefs or other beliefs of a similar nature, the commission or alleged commission of any crime, political opinions or beliefs, trade union membership, or sexual behavior or orientation). Notice Requirement. Your posted privacy policy should include information about Google, the User Cookie, and an appropriate description of your use of remarketing or similar audiences in online advertising. The description must be included in the privacy policies of all sites that include the remarketing tag or otherwise gather this type of information. PII Restrictions. You may not, for the purpose of serving Ads, transmit personally identifiable information including, but not limited to, email addresses, telephone numbers, and credit card numbers (“PII”) with the User Cookie without robust notice of, and the User’s prior affirmative (i.e. “opt-in”) consent. Advertising Cookies Policy; Third Party Ad Serving; Conflicts Your use of the User Cookie via Remarketing Lists is subject to this Interest Based Advertising Policy and the Google Advertising Cookies Policy. Google’s use of Remarketing Lists is also subject to this Interest Based Advertising Policy and the Google Advertising Cookies Policy. If you’re using third-party ad serving in order to serve Interest-Based Advertisements, then you need to comply with both the Third-Party Ad Serving Policy and this Interest Based Advertising Policy. To the extent there is any conflict between this Interest Based Advertising Policy and either the Google Advertising Cookies Policy or the Third-Party Ad Serving Policy then you need to comply with the version of the conflicting provision in this Interest Based Advertising Policy. DoubleClick Remarketing (formerly known as Doubleclick Boomerang) and other Remarketing List Services. You may not use a Remarketing List created via DoubleClick’s Remarketing or other Remarketing List services on the Properties unless the properties from which those User Cookies were compiled (i) properly disclose the data collection and usage contemplated by this Interest Based Advertising Policy and (ii) comply with the privacy and notice requirements of this Interest Based Advertising Policy. Remarketing List Transparency. You grant to Google the right, should Google elect to do so, to display to any end user that is part of your Remarketing Lists that the User is on at least one of your Remarketing Lists, along with displaying your domain or display name. In Ads Notice Labeling. Google may also, should Google elect to do so or should Customer request Google to do so, label advertisements served based on Remarketing Lists or Similar Audience Lists with notices or overlays intended to advise Users that the advertisements are based on Remarketing Lists or Similar Audience Lists, and you may not modify or obscure these labels. Policies applicable to Advertisements based on Google-defined interest categories In Ads Notice Labeling. Google may also, should Google elect to do so or should Customer request Google to do so, label advertisements served based on Google defined interest-categories with notices or overlays intended to advise Users that the advertisements are based on Google defined interest-categories, and you may not modify or obscure these labels.

FareHarbor Policies and Terms
Last Updated: September 1, 2022

Terms of Service for Customers

These Terms of Service for Customers (“Terms of Service”) are between you, the person making use of the Service, (“you”, “your” , “Customer”) and FareHarbor B.V. (“FareHarbor”, “we”, “us”, or “our”), and describe your rights and responsibilities when using our online booking, reservation, and facilitated payments solution (the “Service”). Please read them carefully. These Terms of Service are a legally binding contract between you and FareHarbor, a comprehensive online booking and reservation solutions company for activity (tourism) businesses (“Provider” or “Providers”), that acts as a limited purpose payment agent on your behalf, allowing customers like you to book and pay for activity (tourism) reservations online. Upon completion of an online booking or reservation, you confirm that you have read, understand, and agree to be bound by these Terms of Service along with any other terms that you’re provided with during the booking process.

Relationship between you, the Provider, and FareHarbor
1.1 Upon using the Service to complete the online reservation process and purchase a Provider’s product or service (“Booking”), you enter into a direct contractual relationship (the “Activity Contract”) with the Provider. FareHarbor is not a party to the Activity Contract.

1.2 You agree that the Provider is solely responsible for (i) performing its obligations under the Activity Contract, and (ii) informing you of any relevant policies and practices that you are required to comply with.

1.3 FareHarbor does not (i) exercise any control or authority over Provider, its employees, agents, or representatives; (ii) own, sell, furnish, provide, rent, manage, or control the Provider’s products and services; or, (iii) own or possess any right, title, or interest in Provider.

1.4 FareHarbor and its Providers operate independently, and you agree that nothing in these Terms of Service shall be interpreted to create an association, joint venture, agency relationship, or partnership between FareHarbor and a Provider.

1.5 FareHarbor’s responsibilities are limited to providing the Service for your use, which includes (i) facilitating all payments for Bookings made using the Service, (ii) acting as a limited purpose payment agent on your behalf to collect the amount to be paid to the Provider under the Activity Contract for the purchased product or service (“Activity Fee”), and (iii) paying the Activity Fee to the Provider on your behalf. To fulfill these responsibilities, FareHarbor engages with (licensed) payment services providers.

1.6 The Provider is solely responsible for the information regarding Provider’s products and services that can be booked through the Service. More specifically: it is the Provider’s sole responsibility that the information provided to you regarding Provider’s products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. FareHarbor is not an agent or representative of the Provider, and makes no representations or warranties of any kind, whether express or implied, to you relating to information about Provider’s products and services.

Conditions for making use of the Service
2.1 To the extent prohibited by applicable law, the Service is not intended for and should not be used by anyone under the age of sixteen (16). By using the Service, you represent that:

i. you are at least sixteen (16) years old;

ii. you possess the legal authority to enter into binding legal obligations; and

iii. you will only use the Service to make a legitimate Booking for yourself or for another person for whom you are legally authorized to represent.

2.2 If you or the person making use of the Service makes a Booking for a third-party, you or the person making use of the Service agree to assume responsibility for (i) informing the third-party of the terms set out in the Activity Contract, and (ii) obtaining the third-party’s agreement to the terms of the Activity Contract;

2.3 You or the person making use of the Service agree to refrain from using the Service to circumvent any obligation to pay a fee to FareHarbor, e.g., locating a Provider but completing the transaction using means other than the Service.

Booking Fee
3.1 FareHarbor charges, and you agree to pay, a fee for using the Service to obtain (and make payment for) a reservation for Provider’s products or services (“Booking Fee”). The amount of the Booking Fee is clearly displayed in the booking funnel.

3.2 The Booking Fee is inclusive of any applicable taxes.

3.3 The Booking Fee may be collected from you together with the Activity Fee.

3.4 Additional fees or charges may be imposed by your financial institution for international transactions.

Right to cancel, errors and mistakes
4.1 The information displayed on the Service may contain technical inaccuracies,typographical errors, or other discrepancies including, but not limited to, rates, fees, or availability in connection with your Booking. Because Providers control the information displayed in the Service, FareHarbor cannot and does not endorse the accuracy of such information and makes no warranties or representation of any kind, whether express or implied. You agree that FareHarbor is not responsible for any errors, inaccuracies, or omissions related to information displayed in the Service.

4.2 You agree that FareHarbor has the right to make any changes, corrections, or cancellations to any errors, inaccuracies, or omissions in the Service (i) if requested to undertake such actions by the Provider, or (ii) if such actions are necessary to correct hardware or software error(s).

4.3 FareHarbor is not responsible for communication failures, errors, difficulties, or other malfunctions, nor is it responsible for any lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Service. The Service may not be continuously available due to (i) maintenance or repairs, (ii) computer problems, (iii) disruptions in Internet service, or (iv) other unforeseen circumstances.

Access and Interference
5.1 You will not:

i. use any robot, spider, scraper or other automated means to access the Service for any commercial purpose without express written permission of Fareharbor or its licensors;

ii. take any action that imposes, or may impose in FareHarbor’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;

iii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or

iv. bypass any measures FareHarbor may use to prevent or restrict access to the Service. FareHarbor retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.

Intellectual Property Rights
6.1 FareHarbor grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available for. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third-party; or any use of data mining, robots, scraping or similar data gathering and extraction tools. Except as expressly permitted by these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without FareHarbor’s express written consent.

6.2 All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by FareHarbor, its licensors, vendors, agents or Providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available.You may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, adapt, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of FareHarbor or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.

6.3 All trademarks, service marks and trade names of FareHarbor used in the Service (including but not limited to: FareHarbor’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of FareHarbor or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without FareHarbor’s prior written consent. FareHarbor prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use FareHarbor’s name or any language, pictures or symbols which could, in FareHarbor’s judgment, imply FareHarbor’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

6.4 From time to time, the Service may contain links to external websites that are not owned, operated, or controlled by FareHarbor or its affiliates. All such links are provided solely as a convenience to you or the person making use of the Service. Neither FareHarbor nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. FareHarbor and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you or the person making use of the Service decide to access any other websites, this person does so entirely at their own risk.

Privacy
7.1 FareHarbor processes your personal information (e.g . financial data and full name) provided by you for the purposes as described in Section 1.5. FareHarbor relies on the legal basis that the processing of your personal information is necessary for entering into and the performance of a contract. If you do not provide us with the required personal information, we are not able to provide you the Service.

7.2 After providing the Service, your personal information will be shared with the Provider so the Provider can perform the Activity Contract. Your personal information will be processed further by the relevant Provider, in accordance with their own policies. For such processing of personal information, the relevant Provider is responsible as the data controller. Therefore, if you have a request or a complaint regarding the processing of your personal information by the Provider, please contact said Provider directly. In addition, we may share your personal information with third party service providers who assist us in operating our Service, such as payment service providers and web hosting companies.

7.3 FareHarbor will process your information for as long as our processing purpose and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement, unless FareHarbor is legally required to keep your personal information, for example in connection with contractual obligations or supervisory and tax obligations. If there are no contrary legal or contractual obligations, we will delete or anonymize your information once the storage or processing period has expired as part of our usual processes.

7.4 We may transfer information to countries outside of your country of residence, which may have data protection laws and regulations that differ from those in your country. Any transfers of information originating from within the European Economic Area to countries outside the EEA will be made on the basis of the standard clauses approved by the European Commission, which may be found at the Commission’s website here, without prejudice to FareHarbor’s right to conclude that another justification
may also apply.

7.5 You have the rights to access; rectification; erasure; restriction on processing; objection to processing and portability. You can exercise those rights by filling out the Data Request Web Form. You also have the right to lodge a complaint with the competent supervisory authority.

Termination
8.1 FareHarbor may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by you or the person making use of the Service.

Limitation of Liability
9.1 FareHarbor does not assume any responsibility for and is not liable for any damages to computers, equipment or other property of you or the person making use of the Service caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.

9.2 In no event will FareHarbor, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you, the person making use of the Service, or anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.

9.3 In the event of any problem with the Service, you or the person making use of the Service agrees that their sole remedy is to cease using the Service.

9.4 In the event of any disputes or disagreements between you and the Provider, you agree (i) that Provider is fully responsible and solely liable for any injuries, losses, or damages arising out of said disputes or disagreements, and (ii) that FareHarbor assumes no responsibility and no liability for any injuries, losses or damages arising out of said disputes or disagreements.

9.5 In no event shall FareHarbor’s total liability to you or the person making use of the Service (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Booking Fee, or (b) one hundred US Dollars ($100).

9.6 For the avoidance of doubt, nothing in these Terms of Service shall limit or exclude FareHarbor’s liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by applicable law.

Applicable Law and Forum
10.1 These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in Amsterdam, the Netherlands. Where applicable, mandatory national consumer protection laws of your country of residence will remain unaffected and you may make a claim in the courts of the country where you reside.

Miscellaneous
11.1 These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in Amsterdam, the Netherlands.

11.2 You agree that any claim or cause of action under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between FareHarbor and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

11.3 Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect.

11.4 Entire Agreement. These Terms of Service and the Privacy Policy together constitute the entire agreement between you and FareHarbor, govern your use of the Service, and supersede any prior understandings or agreements with respect to the same subject matter between you and FareHarbor (written or oral).

11.5 Waiver. FareHarbor’s failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.

FareHarbor BV | Vijzelstraat 66-80, 1017 HL Amsterdam, Netherlands