Terms and Conditions

The website SeaTourSicily.it (hereinafter the 'Site') offers an online service for the booking of tours and/or recreational services and is operated by SeaTourSicily di Becchina Giovanni, a sole proprietorship based in Palermo (PA), via Alfonzo Borrelli n.4, VAT no. 07217390827 (hereinafter, 'Company' or 'SeaTourSicily').

1. The following terms and conditions (hereinafter referred to as "Terms and Conditions" or "TC") govern the use of the Service offered by SeaTourSicily.
2. These TC apply exclusively to the use of the Service offered by SeaTourSicily via the Website, concluded through the booking/acceptance process of a Service between the Customer and SeaTourSicily.
3. SeaTourSicily reserves the right to change these TC at any time and without notice, subject to the procedures specified in Section 16 (Changes to Terms and Conditions). Please note that changes to the TC will not apply to bookings confirmed prior to the publication of the changes. Therefore, the Customer is invited to carefully check any changes to the TC before using the service.
4. Subject to the exceptions set out in Section 1.3, changes to TCs shall be deemed valid from the time of their publication on the SeaTourSicily.it website.
5. The use of the Site, its functions and related services implies full acceptance by the Users of the Terms and Conditions set out herein. The User will be excluded from using the Services contained in the Site and from remaining on the Site in the event of total or partial non-acceptance of the following terms.
6. I termini e le espressioni contrassegnati con lettere maiuscole, sia al singolare che al plurale, sono definiti di seguito:

• "Tour"refers to the service offered for bookings via the Site.
• "Beneficiary": Indicates the party other than the Customer who will use the Service.
• "Content": Any material (texts, images, comments, ratings) posted by the User on the Website or sent to SeaTourSicily.
• 'Contract': Shall mean the legally binding agreement entered into between SeaTourSicily and a Client for the booking of a Service, made by the Client through the SeaTourSicily.co.uk website and governed by the terms described in Section 4.
• "Customer": Indicates a User who has concluded a Contract with the purchase/booking of a service.
• 'Not Present': Represents the absence, not previously announced, of a Client and/or Participant at the agreed time for the performance of the Service, as described in Section 9.4.
• "Customer Reservation Notification": This is the communication received by email from the Customer, following the confirmation of a Reservation Request, as defined in Section 5.
• 'Service Page': Indicates the page on the Site containing all the information relating to one of the activities offered, from which it is possible to start the booking process, as described in Section 4.
• "Participant": Refers to the natural person in charge of participating in the Service booked through the Site. Participants may or may not coincide with Customers.
• 'Cancellation Terms': Represents the set of rules governing cancellation of the Service and possible refunds, which can be consulted in the "Cancellation Terms" section of the Site.
• "Reservation confirmed": Indicates a confirmed Reservation Request.
• 'Alternative Proposal': It is a proposal of Service made by SeaTourSicily to the Customer.
• 'Purchase of Reservation': Represents the operation by which a Customer selects and purchases a Service, completing the payment, as described in Paragraph 4.
• 'Service, Activity, Experience': Represents the Service, Activity and/or Experience available for booking on the Website that connects the User to SeaTourSicily, as described in the next Paragraph.
• 'Site': Designates the SeaTourSicily.it website, as defined in the Preamble.
• "User": Represents the natural person accessing the Site.

1. SeaTourSicily provides a direct Service through its Website, facilitating the booking of Services. This includes the management of bookings, payments, refunds and cancellations.
2. Through the Site and the Service, Users are able to book Tours and/or Leisure Services or other available services.
3. The Contract is established between SeaTourSicily and the Client upon booking a Service through the Website. This Contract represents a legally binding commitment for both parties and is considered perfected with the receipt by the Client of the Client Booking Notification.
4. Booking implies the conscious acceptance by the Customer of a legally binding commitment to SeaTourSicily.
5. SeaTourSicily assumes full responsibility towards the Customers for the provision of the Service covered by the Contract.

1. Users are solely responsible for their own connections and equipment, including related costs, necessary to access the Internet network and use the Site and the Service.
2. Access to the Site is reserved for adults only. By accessing or using the Site, the User declares that he/she is of legal age and has the legal capacity to make reservations, accepting these Terms and Conditions in full.
3. Users wishing to make use of the Service must proceed to book it via the website.
4. No registration by the user is required.
5. Only the data strictly necessary for booking the chosen Service will be requested.

The booking process consists of the operation by which the Client purchases a Tour available on the Site by filling in the appropriate form on the Service Page and completing the payment. This procedure takes place in the following steps:

1. The customer selects the desired tour and enters the required data in the booking form, such as date, time and number of participants.
2. After completing the form, the customer proceeds to payment by entering their credit/debit card details via a secure payment system.
3. The SeaTourSicily booking system immediately confirms the Purchase of the Reservation once the payment has been successfully completed. The Customer will receive an e-mail notification with the summary of the Reservation (Customer Reservation Notification, as specified in Section 5).
4. Should the payment fail, the transaction shall be cancelled and the ticket shall not be purchased. In this case, the Customer shall not be charged and no booking confirmation shall be sent.
5. It should be noted that the Services offered on the Site are subject to availability. In the absence of availability, the Customer may not proceed to Purchase the Reservation, as no contractual relationship with the Company has been established.
6. The customer has the option to cancel the purchase process before payment is completed. After payment, the cancellation policies set out in SeaTourSicily's Terms and Conditions apply.

1. Once the payment has been successfully completed, the Contract between the Client and SeaTourSicily is considered finalised. Following the confirmation of the purchase of the booking, the Client will receive by email, to the address associated with their User Account, the Client Booking Notification, containing a detailed summary of the booking. This summary includes all the main information relating to the booking, such as the number of participants, place, date, time, price paid, meeting point, name and contact details.
2. There is no acceptance or rejection by SeaTourSicily regarding the purchase of the booking, except in the cases referred to in Section 8 (Cancellation of a confirmed booking by SeaTourSicily).
3. The Alternative Proposal by SeaTourSicily is only made in the cases provided for in Paragraph 8, i.e. if the booked Tour cannot be carried out due to force majeure. In such circumstances, the Client may accept the new proposal or request a refund, as detailed in the cancellation conditions provided.

1. If the booked Tour or Service purchased does not fall within the cases of exclusion of the right of withdrawal according to Art. 59 of the Consumer Code, the Customer has the right to withdraw from the purchase contract by notifying the Company in a timely manner. This communication may be made by registered letter with return receipt addressed to SeaTourSicily di Becchina Giovanni, at Via Alfonzo Borrelli no. 4, Palermo (PA) 90139or by email at support@seatoursicily.it. The right of withdrawal may be exercised within fourteen calendar days, without incurring penalties and without the need for the Customer to specify the reasons, as provided for in Article 52 et seq. of the Consumer Code, provided that the Service has not been used in the meantime.
2. The withdrawal period commences from the date of receipt by email of the Customer Booking Notification, as defined in Paragraph 5. SeaTourSicily shall proceed with the refund of all payments received from the Customer, without delay and in any case within fourteen days from the receipt of the communication from the Customer concerning the decision to withdraw from the contract as provided for in this Article.

The form for exercising the right of withdrawal, to be completed and sent in the manner described in this Section, is available for download at the following link:  Withdrawal form.

1. The Customer is aware that the Services purchased through the Site consist of leisure activities with specific dates or periods of performance. Consequently, in accordance with Article 59 of the Consumer Code, the right of withdrawal is excluded, unless otherwise provided for in Paragraph 5.

1. SeaTourSicily reserves the right to cancel a Tour if its smooth running becomes impossible or dangerous due to circumstances beyond its control, such as adverse weather conditions.
2. In the event of situations that make it impossible or dangerous to carry out the Service, SeaTourSicily shall promptly inform the Client and/or Participant using the methods deemed most appropriate to ensure prompt communication.
3. Whenever possible, a change of date or time for the booked Tour will be proposed to the Client. This new proposal is similar to the Alternative Proposal described in Section 4 (Booking Process), with the exception of the terms of payment as the price has already been paid by the Client. Consequently, the Client will have the following options:
   1. Accepting the Alternative Proposal, thus entering into a new agreement replacing the previous one with regard to the performance of the service, considering that payment has already been made.
   2. Reject the Alternative Proposal, resulting in the termination of the contract and the right to a full refund of the price paid for the performance of the Service.
4. If requested by the Customer, SeaTourSicily undertakes to refund the amount paid for the performance of the Service, re-crediting the amount on the payment instrument originally used. The reimbursement will be made within 14 calendar days from the Client's request, except for delays attributable to third parties (e.g. banks).

1. Without prejudice to the right of withdrawal set out in Article 6, the Customer must follow the procedure indicated in the Cancellation Terms section of the Site in order to proceed with the cancellation of a Confirmed Reservation.
2. The fees withheld from the sums paid by the Customer are specified for each Service in the Cancellation Terms, which can be consulted in the "Cancellation Terms" section located at the bottom of each page of the Site. These terms form an integral part of these Terms and Conditions.
3. The possibility for SeaTourSicily to refund the sums paid by the Customer for the performance of the Service is regulated in detail in the provisions contained in the Cancellation Terms.
4. The Client's and/or Participant's unannounced absence on the date and time agreed for the execution of the Tour is considered a last-minute cancellation ("Non Attendance"), and does not entitle the Participant to a refund.

5. Even in the event of an absence communicated by the Customer, no refund will be due if the specific Cancellation Terms for the Service booked do not so provide. In such cases, the cancellation conditions published on the Website at the time of the booking, which constitute a binding part of the contract pursuant to Section 1.6, shall apply in full.

1. SeaTourSicily uses Google Review as an evaluation system that allows customers to express opinions on the Services offered.
2. Only Users who have booked and actually participated in a Tour may post an evaluation on it. The evaluation may only be entered after the Service has been performed.
3. Ratings are given on a scale of 1 to 5.
4. Customers may include comments as part of the evaluation. However, they are fully responsible for their comments and SeaTourSicily takes no responsibility for their content. SeaTourSicily reserves the right to request the removal of comments reported as inappropriate, offensive or defamatory.
5. Customers undertake to provide objective assessments, avoiding inappropriate, offensive or defamatory expressions.
6. Evaluations must be clear and focused exclusively on the Service being evaluated. They must not contain personal or financial information or external links.
7. It is forbidden to include elements of a political or religious nature or with sexual connotations in evaluations.
8. SeaTourSicily moderates ratings in order to ensure compliance with the established rules. Ratings may also be subject to moderation after publication and SeaTourSicily reserves the right to contact users to verify ratings.
9. Users may request the moderation of an evaluation by contacting SeaTourSicily at support@seatoursicily.it and explaining the reason for the request.
10. SeaTourSicily reserves the right to delete comments that violate the established rules. In the event of repeated violations, SeaTourSicily may apply to the competent authorities to enforce its rights.

SeaTourSicily reserves the right to have anonymous, duplicate or violating Google Review guidelines removed.

1. COMPLIANCE WITH THE LAW AND RULES
   1. Users are obliged to use the Site and the Service in compliance with the rights of third parties and applicable laws, as well as the rights of the Company.
   2. When using the Site and the Service, Users must comply with applicable laws and regulations.
   3. In particular, Users undertake to comply with the following conditions:
      • Do not use the Site or the Service for purposes other than those intended, nor violate applicable regulations;
      • Avoid defamatory, insulting or damaging behaviour towards natural or legal persons;
      • Do not harm third parties by using the Site or the Service, and in particular avoid usurping identities or unauthorised use of other people's data;
      • Do not exploit contractual information obtained through the Site or the Service to send unsolicited communications, regardless of the medium used;
      • Do not spread computer viruses or similar threats via the information obtained from the use of the Site or the Service;
      • Do not damage the reputation of the company or the SeaTourSicily brand;
      • Do not interrupt or block the operation of the Site;
      • Do not damage the services provided, e.g. by damaging the hosting service provider with computer viruses or by overloading messaging systems with e-mails;
      • Do not access or attempt to access information not accessible to Users;
      • Do not explore, scan or test the vulnerability of the system or Site, or breach the Service's security systems or authentication processes, or attempt to illegally access networks and systems connected to the Site;
      • Do not upload to the Site, or send by email or other means, items containing computer viruses or other codes, files or programmes designed to interrupt, damage or limit the functionality of computers, software, hardware or telecommunications equipment.
2. RESPONSIBILITIES AND DUTIES RELATED TO BOOKING TOURS

1. • In connection with the booking and execution of Tours, Customers are aware that:
     • The Participants must strictly follow the rules and instructions provided to ensure that the Service is carried out in optimal safety conditions. SeaTourSicily reserves the right to terminate the Tour if the rules are not followed, without giving rise to a refund of the price paid.
     • Participants must be punctual at the meeting point indicated in the Service summary.
     • A delay of more than 10 minutes with respect to the agreed time for the execution of the Tour will be considered equivalent to a 'Not Present' (as defined in Section 9.4) and may entail:
       1. The automatic cancellation of the reservation,
       2. Loss of the right to redemption pursuant to Section 9.4.
     • In the event of a foreseeable delay, the customer is obliged to notify the contacts indicated in the Booking Notification in good time.
     • The Client acknowledges that some activities involve inherent risks. SeaTourSicily disclaims any liability for damages resulting from the Participant's negligence or failure to comply with safety instructions.
   • Clients are responsible for the accuracy of the information provided when booking the Service. If the information provided is false and is intended to circumvent the restrictions imposed for the execution of the Tour, SeaTourSicily reserves the right to refuse the execution of the Service, without the right to a refund.
   • Please note that SeaTourSicily is not responsible for services that are not explicitly included in the booked Tour.
   • SeaTourSicily disclaims all liability with regard to the health records, certificates or other documents provided by the Client at the time of booking. The truthfulness of the declarations is entirely the responsibility of the Client and/or the Participant. However, the Company reserves the right to require their presentation at the time of performance of the booked Service. Therefore, it is hereby clarified that Clients and Participants are solely responsible for booking and participating in the Tour, taking into account their own level of ability, physical condition, experience and limitations, as well as the risks associated with activities, sporting or otherwise, that are potentially dangerous. In this sense, SeaTourSicily cannot be held responsible for any injury, accident or death resulting from participation in the Service, if caused by false information provided by the Client or Participant.

1. INSURANCE

1. 1. Please note that the Services provided through SeaTourSicily do not include any form of insurance.
   2. Each Participant is required to check that his or her insurance cover is adequate and, if necessary, to take all necessary steps to ensure it, which may be by supplementing the existing policy or by entering into an agreement with an insurance company of his or her choice.

1. Users explicitly acknowledge that all electronic data, regardless of the source of generation, such as connection logs, files, access data, messages, emails and the like, from the Company's computer systems, constitute fully valid evidence of the activities and operations performed.
2. Therefore, such items are considered valid evidence and, if presented by the Company in legal or other contexts, are accepted as admissible, valid and legally binding in the same manner, and with the same probative force, as any document drawn up, received or stored on paper.

1. SITE AND SERVICE RIGHTS
   1. The Site, the Service and all information contained therein are subject to protection under intellectual property law.
   2. Consequently, unless otherwise indicated, the intellectual property rights relating to the documents and all information of various kinds on the Site or relating to the Service, including all the elements constituting the Site and the Service (such as images, illustrations, photographs, sounds, know-how, computer architectures, texts, graphic elements, etc.), including software and databases, are the exclusive property of the Company (hereinafter referred to as "Protected Elements").
   3. SeaTourSicily does not grant Users any licence to use the Protected Elements, in whole or in part, other than for the purpose of displaying them on the Site and for the purpose of the Service.
   4. Reproduction, in whole or in part, of the Site and/or Protected Elements may only be authorised for informational and/or popular purposes, for personal and private use. The use of the Site or its Protected Elements for such purposes is subject to the express approval of the Company, to be requested by communication to the email address info@seatoursicily.it.
   5. In the absence of such authorisation, any reproduction or use in any form or manner whatsoever is expressly forbidden without the express permission of the Company. Such violations, with the prejudice caused to the Company, may constitute grounds for assessment for civil and, if the requirements are met, criminal liability actions.
   6. Moreover, it is forbidden:
      1. Copy, modify, assemble, sell or transfer in any way any part of the Protected Elements.
      2. Modify even partially the Protected Elements in order to obtain unauthorised access to the Service or the Site by means other than the user interface provided by the Company.
      3. Use Protected Elements for purposes, principles or in ways not expressly permitted by the Company.
      4. Reproduce and/or represent, in whole or in part, the Site, the Service and the Protected Elements without the prior express authorisation of the Company, obtained in writing.
2. RIGHTS CONCERNING DISTINCTIVE SIGNS

1. 1. All trademarks, logos and other distinctive signs on the Site or associated with the Service, including domain names, are the exclusive property of the Company.
   2. Any use of trademarks, logos and other distinctive signs must be authorised in writing in advance by the Company.
   3. Users acknowledge that the Company holds the rights to use such distinctive signs and undertake not to use them outside the expressly permitted manner.

1. USER COMMENTS AND CONTENT

1. 1. Users grant the Company all intellectual property rights to the Content they generate on the Site.
   2. The assigned rights include the reproduction, representation, transmission, translation, distribution and use of the assigned content. This assignment is free of charge and is intended to contribute to the improvement of the service and information transparency for other Users. Users hereby authorise the publication of their content by any means or technical process.
   3. Users warrant that they own the ownership rights to the Content they post and that the posting of such Content does not violate the rights of any third party, including intellectual property rights.
   4. Users acknowledge that the Company is not responsible for the content posted by Users on the Site. However, the Company will promptly remove content reported as infringing the intellectual property rights of third parties upon notification by the third party or the Judicial Authority.

1. SeaTourSicily reserves the right to suspend or exclude the User from using the Service in case of violation of the following provisions:
   1. Access to the service, user identification and commitments (section 3);
   2. Reviews (section 10);
   3. Compliance with the law and regulations (Section 12.1).

1. CHANGES TO THE SITE AND/OR SERVICE
   1. Users understand and agree that the Company may make changes or updates to its Site and/or Service at any time and at its sole discretion.
   2. Any change to the Site and/or Service is a unilateral decision of the Company.

1. SeaTourSicily reserves the right to amend, supplement or adapt these Terms and Conditions, if necessary to comply with new regulations, implement organisational improvements to the service or prevent misconduct by Users not yet covered by the current Terms and Conditions or for which the existing provisions have proved ineffective in preventing. Users will be notified by email to the address provided at the time of registration or booking, with the text of the amended Terms and Conditions. Users will have the opportunity to revoke their consent within 15 days of receipt of the email, failing which the changes will be deemed accepted.
2. It shall be the responsibility of the Company to request Users, when booking a Service, to confirm that they have read the updated Terms and Conditions, so that they can see any changes from the previous version.
3. Use of the Service and its features implies acceptance of these Terms and Conditions, including any updates.

1. MANAGEMENT AND ACCESS TO THE SITE AND SERVICE
   1. Users are aware that, despite the Company's best efforts, the Internet and telecommunications systems are subject to technical specifications outside of the Company's control. This may affect the proper operation of the Site and the Service, including their accessibility and performance, such as response time for requests made, as well as the security of the Site and the Service, including with respect to the presence of potential computer threats such as viruses.
   2. Users understand and accept that technical operations such as maintenance may be required to ensure the operation of the Site and the Service. Accordingly, the Site and the Service may be temporarily suspended to allow for work such as repairs, upgrades or other maintenance activities.
   3. SeaTourSicily disclaims all liability for any damages arising from the use of the Site or the Service, including those arising from their temporary unavailability.
2. EXTENSION OF THE COMPANY'S LIABILITY

1. 1. SeaTourSicily disclaims all liability for actions taken by Participants during the course of the Service.
   2. Customers are personally responsible for the acceptance of the Terms and Conditions by the Participants for whom they have booked the Service.

1. LIMITATIONS OF LIABILITY

1. 1. SeaTourSicily can only be held liable in cases where a breach by a User or Customer of its contractual obligations in the performance of the Service is proven.
   2. SeaTourSicily cannot be held liable in the following cases:
      • actions performed by a User, Customer or Participant,
      • situations of force majeure,
      • actions by third parties, including malfunctions, inability to access or difficulties in using the Internet,
      • consequential or indirect damages relating to services other than those provided by the Company in accordance with these provisions,

damage related to content, nature or characteristics of services not directly provided by SeaTourSicily.

1. SeaTourSicily is committed to ensuring a high quality booking experience for its Customers and is concerned about any problems encountered when booking a Service or during its execution. Therefore, the Client or Participant may:
   1. Send an email to: support@seatoursicily.it.
   2. Contact us directly at (+39) 3388434873.
2. Participants may also use the rating system, as described in Section 10. In accordance with Article 14 of Regulation (EU) No. 524/2013, we inform you that you may resolve any disputes relating to the use of the Site or the Service through the ODR Telematics Platform, operated by the European Commission, accessible at: https://webgate.ec.europa.eu/odr.

1. Regarding the respect of rights and responsibilities regarding the use and protection of personal data, Users are encouraged to review the Privacy Policy available online on the Site.
2. The provisions of the Privacy Policy constitute an essential component of the current Terms and Conditions.
3. Personal data are processed in accordance with EU Regulation 679/2016, theArticle 13 of the GDPR. To exercise your rights of access, cancellation or restriction, please consult the Privacy Policy or contact the DPO at dpo@seatoursicily.it.

1. Whenever you wish to create a link to the Site, display a representation of the Site, or use any element of the Site, you must obtain the prior written consent of the Company. Such consent may be revoked by the Company at any time, at its discretion.
2. SeaTourSicily reserves the right to request the removal of any link to the Site that has not been authorised or is no longer authorised, and to take legal action to obtain compensation for any damage suffered.
3. The Site may contain links to other Internet sites or resources on the web. Since the Company has no control over the content of such external sites or resources, it cannot be held responsible for their availability or proper functioning, nor for their content, advertising, products, services or other information available or accessible through them.
4. The inclusion of such links within the Site does not imply any kind of affiliation, sponsorship or recommendation by the Company to the owners of the domains to which the links refer.
5. Furthermore, the Company cannot be held liable for any damage or loss, actual or alleged, arising from the use of the content, products, or services available on such external sites or resources.

1. The above Terms and Conditions shall be interpreted and applied in accordance with the regulations of the legal system of the Italian State.
2. In the event that one or more of the provisions contained in the above Terms and Conditions should be held and/or declared ineffective, for whatever reason, by a regulation, even if supervening, or by a judicial decision, the agreement concluded, and the legal relationship arising therefrom, shall remain valid and operative.

Failure to exercise rights or faculties of any kind shall not constitute a waiver thereof.