General Terms, Conditions, and Cancellation PolicyTERM POLICY
Welcome to Bitan Società Cooperativa. These terms and conditions outline the rules and regulations for the use of Bitan Società Cooperativa’s Website.
Bitan Società Cooperativa is located at: Via Vittorio Emanuele 11 Domus de Maria 09010 – SU , Italy.
Approved organizations may hyperlink to our Web site as follows: By use of our corporate name; orBy use of the uniform resource locator (Web address) being linked to; orBy use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site. No use of Bitan Società Cooperativa’s logo or other artwork will be allowed for linking absent a trademark license agreement. IframesWithout prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site. Reservation of RightsWe reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions. Removal of links from our websiteIf you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. Content LiabilityWe shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted aselous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. DisclaimerTo the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence;limit or exclude our or your liability for fraud or fraudulent misrepresentation;limit any of our or your liabilities in any way that is not permitted under applicable law; orexclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)are subject to the preceding paragraph, and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort(including negligence) and for breach of statutory duty.To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. General Terms and Conditions of Sale – Version 09/04/2020 1. General Terms & ConditionsThese General Terms and Conditions regulate relations between Bitan Società Cooperativa, Via Vittorio Emanuele 11, 09010 Domus de Maria (SU) as an excursion organizer or authorized intermediary (hereinafter: Supplier) and customers, in the case where the customer enters into a contract for the benefit of a third party as a passenger (hereinafter: the Passenger) regarding the organization of an excursion or service. The excursion organizer is Bitan Daily Tours or Supplier that is clearly stated on the Confirmation of the Excursion Purchase (ticket/receipt) as the responsible organizer (hereinafter: Bitan Daily Tours). 2. Excursion Purchase and PaymentUpon paying the excursion price and providing the required information to Bitan Daily Tours, either orally or by e-mail, the Passenger concludes with Bitan Daily Tours an Excursion Contract consisting of the Confirmation of the Excursion Purchase (ticket/receipt), the itinerary and these General Terms and Conditions, and agrees to the conditions contained in the aforementioned documents. The Passenger is obliged to pay the excursion at the time of booking. 3. Excursion ContentThe excursion content, i.e. the excursion price, includes all items listed in the itinerary. The Passenger shall pay separately for any special and additional services (transfers, additional meals, tickets, tips, etc.) which are not included in the published excursion price and which Bitan Daily Tours may provide and include in the Contract. If the price of some of the requested services that Bitan Daily Tours can provide is not stated in the itinerary, Bitan Daily Tours shall inform the Passenger about the price before concluding the Contract. In regard to any special and additional services that Bitan Daily Tours cannot provide and include in the Contract and/or services which the Passenger requests during the excursion and pays on the spot to the direct service provider, Bitan Daily Tours shall not be responsible for such services as the excursion organizer, regardless of the assistance which Bitan Daily Tours representative will provide to the Passenger in obtaining those services and information about their approximate prices. Bitan Daily Tours may request from the Passenger to pay on the spot for certain services to be used abroad in the currency of the country he/she is in or to separately pay in advance any taxes, fees or tickets defined by special regulations which Bitan Daily Tours charges on behalf and for the account of another and over which it has no influence, and which are necessary for the realization of the service or the excursion. In case of services that are paid for on the spot, the Passenger may file a potential claim directly to the service provider. Bitan Daily Tours shall notify the Passenger in due time of the existence, the amount and any possible changes in the payment regime concerning the aforementioned charges. 4. Classification and Description of ServicesThe offered restaurants, means of transport and other services are described in accordance with the official classification of a local tourist organization or some other competent body at the time of the itinerary issuance. Standards concerning food means of transport or some other services may differ from place to place or from country to county. Bitan Daily Tours shall not be liable for any oral or written information that is not corresponding to the service description set forth in the itinerary and the General Terms and Conditions valid for the travel if the Passenger has received such information orally from an employee at the point of purchase, by telephone or in writing from an unauthorized person, or in some other way. 5. Promotional Materials and NotificationsBitan Società Cooperativa is not responsible for possible printing errors or subsequent modifications in new editions of promotional materials and itineraries about which the Passenger has been warned before entering into the Contract. Pursuant to relevant regulations, employees at the point of purchase are obliged to make available to the Passenger the promotional materials and the General Terms and Conditions for the excursion in a written or an electronic form, to provide adequate information about basic border formalities and other formalities regarding the travel and stay in the place of destination, as well as information about the time needed to complete those formalities. Notifications received by the Passenger at the registration spot do not oblige Bitan Daily Tours to a greater extent than notifications and information stated in the itinerary. 6. ItineraryThe itinerary is equally binding for the Passenger and Bitan Daily Tours. The Passenger shall comply with the departure times stated in the itinerary, as well as with the instructions and information pertaining to the realization of the itinerary received orally from Bitan Daily Tours representatives, i.e. tour escorts or guides. If the Passenger separates from the group before receiving appropriate information about the time and place of the group reunion and continuation of the travel, he/she may not claim compensation from Bitan Daily Tours for potential expenses incurred and damages sustained. Bitan Daily Tours reserves the right to continue the trip without the Passengers who fail to appear in time on at the point of departure or continuation of the trip. The Passenger’s absence shall be considered as his/her cancellation of the excursion. Bitan Daily Tours shall not be liable in any way if certain activities and content which depend on weather conditions and natural phenomena cannot be realized in accordance with the itinerary or expectations of the Passenger. Furthermore, Bitan Daily Tours shall not be liable in any way if bad weather conditions (rough sea, heavy precipitation, etc.) render the realization of certain itinerary items impossible, or necessitate changes in the sequence or duration of certain itinerary items. 7. Excursion PricesExcursion prices are stated in the itinerary and are valid as of the date of publishing the itinerary. In the event of any changes in valid tax regulation, changes in the exchange rate of the agreed-upon currency, an increase in transportation costs, including fuel costs, or an increase in fees for certain services (at airports and other ports, etc.) which influence the excursion price, Bitan Daily Tours reserves the right to change the price up to 7 days before the start of the excursion. If the number of excursionists is below the required minimum for the realization of the itinerary, Bitan Daily Tours reserves the right to change the price within the aforementioned time period or to cancel the excursion and return the purchase price. An increase in the price is calculated in the same percentage by which the aforementioned calculative elements have changed. In case of a price increase, the Passenger may cancel the Excursion Contract and claim a refund of the portion of the price paid until then; however, he/ she is not entitled to compensation of damages, possible insurance costs, and similar expenses. 8. Itinerary Modifications and Excursion CancellationsBitan Daily Tours shall immediately notify the Passenger of any modification of the itinerary. Bitan Daily Tours may cancel the excursion or modify the itinerary at any moment if extraordinary circumstances which cannot be prevented, avoided or remedied (wars, unrests, strikes, terrorist attacks, sanitary issues, natural disasters, traffic accidents, sudden and uncommon traffic jams, interventions of competent authorities, sudden modifications of timetables, flight delays and delays in travels via other means of transport, bad weather conditions, etc.) occur before the beginning of or during the excursion, and which, had they occurred at the time of concluding the Contract, would have been considered by Bitan Daily Tours as a justified reason for not concluding the Excursion Contract. Bitan Daily Tours notably reserves the right to change the date and time of departure due to timetable modifications or occurrence of other aforementioned circumstances, as well as the right to change the travel route due to changed circumstances, without indemnifying Passengers and in accordance with the applicable passenger traffic regulations. Bitan Daily Tours shall neither be liable for flight delays or delays in ship or train departures/arrivals, for itinerary modifications nor for costs incurred as a result of such delays. Bitan Daily Tours reserves the right to cancel the excursion in entirety or partially if it fails to conclude Excursion Contracts with the minimum number of Passengers stated in the itinerary. In these cases the Passenger is entitled to a refund of the amount paid; however, he/she is not entitled to compensation of damages, possible insurance costs, and similar expenses. In case of canceling the departure, Bitan Daily Tours may offer to the Passenger another departure date or another excursion. The Passenger is obliged to reply immediately whether she/he accepts or refuses the modified or substitute excursion. If the Passenger refuses modifications and the substitute excursion or fails to reply to Bitan Daily Tour’s offer, the Contract shall be terminated and the Passenger shall be entitled to a refund of the amount paid; however, he/she is not entitled to compensation of damages, possible insurance costs, and similar expenses. If the Passenger accepts the modified or substitutes excursion, he/she renounces any claims towards the excursion organizer or intermediary on any legal basis, except the right to a refund of a part of the price if that of the substitute excursion is lower. 9. Refund in Case of Excursion CancellationIf the Passenger cancels the excursion, the Agency shall keep the following excursion price percentage as damage compensation (unless otherwise stated in the itinerary), Bitan Daily Tours uses two different cancellation policies, depending on the specific tour or activity you choose. Please be sure to verify which one is applicable to your chosen activity prior to confirming your reservation. This information can be found on every product we offer at the Cancellation Policy section. Standard – The great majority of our Experiences carry the ‘Standard’ policy. For these products, we will charge a cancellation fee of 10% if the booking is canceled after reservation, we will charge a cancellation fee of 100% if a booking is canceled 2 days or less before the event. All Sales are Final – These reservations cannot be changed or canceled for any reason. The Passengers who fail to arrive at the point of departure at the time stated on the excursion ticket or itinerary are not entitled to a refund. If the actual incurred damage exceeds the stated one, Bitan Daily Tours reserves the right to charge it; however, in the maximum amount of the 100% of the excursion price. The aforementioned cancellation costs are also applicable in case of modifications of the departure date and any other relevant modifications done by the Passenger unless the itinerary explicitly states otherwise. Bitan Daily Tours shall be authorized to cancel an excursion for reasons that are not extraordinary circumstances which cannot be prevented, avoided or remedied not later than 12 hours prior to excursion commencement and in this case, the Passenger shall be entitled to compensation in the amount of 100% of the paid excursion price unless the itinerary explicitly states otherwise. Bitan Daily Tours shall be authorized to cancel an excursion for reasons that are extraordinary circumstances which cannot be prevented, avoided or remedied at any time and in this case the Passenger shall be entitled to compensation in the amount of 100% of the paid excursion price unless the itinerary explicitly states otherwise. The Passenger shall not be entitled to any refunds, damages, possible insurance costs and similar expenses other than those explicitly stated herein in case an excursion is canceled or modified by Bitan Daily Tours for any reason. 10. Responsibility for Identity Documents and Passengers’ Personal SafetyWhen embarking on an excursion, the Passenger must have on them the Confirmation on the Excursion Purchase (ticket) and valid travel documents if traveling abroad, and ensure that he/she personally, as well as his/her documents, luggage, and other possessions comply with the conditions set by the carrier and those stipulated by the border, customs, health and other regulations of his/her country, as well as of the country through/ to which he/she travels. Bitan Daily Tours is neither responsible for authorized officials’ decisions disallowing boarding, denying visas or disallowing entrance to a certain country, nor for potential costs incurred as a result. If due to the aforementioned reasons, the excursion is canceled before or during the excursion, Bitan Daily Tours reserves the right to charge compensation of damages in accordance with these General Terms & Conditions. In addition to the obligation of observing the itinerary, the Passenger shall observe house rules in eating establishments and in means of transport, as well as cooperate in good faith with Bitan Daily Tours representative and service providers. In case of non-observance of these obligations, Bitan Daily Tours shall not be liable in any way for the caused damage and the Passenger shall pay for it on the spot. During the travel, the Passenger must follow the personal safety rules that would be respected by any average person. Bitan Daily Tours is not responsible for the Passenger’s actions concerning his/her personal safety. The Passenger bears the costs of loss or theft of documents during the travel. On condition that it does not affect in any way the realization of the itinerary or create additional costs for Bitan Daily Tours, Bitan Daily Tours representative (tour escort or guide) will provide personal assistance to the Passenger in dealing with formalities regarding contacts with local authorities, diplomatic missions and consular offices, health institutions, etc. In all other cases, the Passenger must personally and at his/her own expense deal with such formalities. If due to these formalities the Passenger is unable to continue the travel in accordance with the itinerary, Bitan Daily Tours will consider it as the cancellation of the excursion. Bitan Daily Tours shall not be liable for the costs and possible damage incurred by the Passenger on this basis. The Passenger is obliged to notify Bitan Daily Tours in due time about all facts with regard to his/her health condition, habits, etc., that might jeopardize the smooth running of the excursion (health issues requiring a special diet, chronic illnesses, allergies, etc.). 11. Substitution of PassengersIf the Passenger is prevented from traveling, he/she can name a third person as the substitute passenger who can use in his/her place the agreed-upon services and shall duly notify Bitan Daily Tours about this in writing. Bitan Daily Tours will accept the third person named as the substitute passenger if it was notified about this in due time if the third person meets all foreseen conditions for the excursion, if there are no legal or other obstacles which render the substitution of passengers impossible, and if it is possible to change the reservation. Before the start of the travel, the substitute passenger or the Passenger shall reimburse Bitan Daily Tours all additional costs caused by the substitution. 12. Luggage/Baggage AllowanceBitan Daily Tours is not responsible for the transport of luggage and is not liable for destroyed or lost luggage, or for the luggage or valuables stolen in a means of transport. Applications for lost luggage are filed by the Passenger with the carrier or with the accommodation facility. Special luggage (bicycles, surfboards, golf equipment, musical instruments, and similar items) has to be announced by the Passenger before concluding the Contract and can be subject to additional charges. If possible, Bitan Daily Tours will try to fulfill the previously announced Passenger’s additional request for special luggage; however, it cannot guarantee the fulfillment of such a request. The carrier has the right to reject additional and special luggage due to limited carrying capacity. Bitan daily Tours is not liable for any costs and/or damages sustained by the Passenger due to this. The Passengers are responsible for taking care of their possessions carried into the passenger cabin of a means of transport (bus, ship, minibus, car, etc.), and are obliged to take them with them every time they leave the vehicle/vessel. Otherwise, the Passengers will be responsible for the theft, loss or damage of possessions left in the passenger cabin without their surveillance. The transportation of pets is not allowed save in exceptional cases, at request and subject to additional charges. Bitan Daily Tours cannot guarantee the fulfillment of such requests. 13. Handling/Filing ComplaintsIf the Passenger files a complaint during the excursion for non-performance or undue performance of any of the agreed-upon services, he/she shall observe the procedure instructions of the excursion organizer/service provider and cooperate with the excursion organizer/service provider with the aim of resolving the complaint on the spot. In case of non-performance or undue performance of a service agreed upon within the excursion organized by Bitan Daily Tours, the Passenger may initiate the complaint procedure prescribed by these General Terms & Conditions for the purpose of resolving the noted irregularities. Immediately upon identifying an omission, the Passenger shall file a complaint about an unduly provided service to the person who has provided the service, in the presence of Bitan Daily Tours representative. The Passenger is obliged to cooperate with Bitan Daily Tours representative and the service provider and to act in good faith in order to resolve any complaints. Should the Passenger decline on the spot the proposed solution which corresponds to the rendered service, Bitan Daily Tours is not obliged to take later complaints into consideration. The Passenger may submit a written complaint at the point of purchase where he/she bought the excursion no later than 8 days following his/her return from the trip. The Passenger is obliged to provide well-argued reasons for his/her claims. Bitan Daily Tours will only take into consideration fully documented complaints that are received within the 8-day deadline and will render a decision in writing regarding the Passenger’s complaint within 15 days upon the receipt of the complaint from the point of purchase. Bitan Daily Tours may prolong the complaint resolution deadline by an additional 15 days in order to collect necessary information and check allegations stated in the complaint with the service provider. Until a decision has been made by the Bitan Daily Tours and for the duration of the 30 days after the complaint has been filed, the Passenger waives the right to arbitration before any other institutions or court, and shall not publicly disclose any information concerning the subject matter. Furthermore, for the aforementioned 30- day period the Passenger relinquishes the right to file suits. The Passenger has the right to compensation in the amount of the actual value of the unused services, while compensation for damages in non- performance, partial performance or undue performance of obligations is limited to the amount of the excursion price. This excludes the Passenger’s right to be compensated for non-material damage. Each Passenger files complaints separately. The Organiser reserves the right to dismiss group complaints, complaints that arrive after the expiration of the set time limit, and those for which it is established that they could have been resolved on the spot if the Passenger had cooperated with the Supplier’s representative. 14. Excursions of other SuppliersThese General Terms & Conditions are applicable to all excursions for which Bitan Daily Tours is the main organizer. They shall not apply to the cases where Bitan Daily Tours acts as an intermediary, i.e. where it is not the main organizer. Such excursions shall be separately marked and governed by the general terms and conditions of the main organizer. Bitan Daily Tours shall not be responsible for the execution of excursions of other suppliers. 15. Final ProvisionsThis edition of General Terms & Conditions replaces all earlier editions. Any possible/ foreseen deviations from these General Terms & Conditions must be stated in the itinerary. By purchasing the excursion the Passenger who is a parent of a minor child – passenger confirms under material and criminal liability that the other parent is informed of the Excursion Contract and that he/she explicitly agrees to it. By purchasing the excursion, the Passenger provides his/her personal information of his/her own free will to the Excursion Organiser/intermediary and agrees to its use for the excursion realization purposes and the protection of the Passenger’s interests in all dealings related to the contracted excursion/service. This includes forwarding personal data to third persons, in the country and abroad, who need them in order to enable the realization of the contracted excursion/service. Personal data can also be used for further intercommunication and promotional offers of Bitan Daily Tours. Bitan Daily Tours undertakes to keep personal data in a database in accordance with Bitan Daily Tour’s decision on the method used for collecting, processing and securing personal information. By purchasing the excursion, the Passenger confirms the following: That the Excursion Organiser/ intermediary fully informed him/her prior to concluding the Contract about the basic border, visa and health care formalities with regard to the travel and stay in the place of destination, as well as about the time needed for completing those formalities.That he/she was offered and recommended to take travel accident and illness insurance, luggage damage and loss insurance, voluntary health insurance for the duration of the travel and stay abroad travel cancellation insurance, and insurance covering the costs of assistance and return of the passenger to the place of departure in case of accidents or illnesses, as well as that he/she was informed about the insurance content. In case the Passenger requests the aforementioned insurances, they can be contacted directly with an insurance company.It is considered that by purchasing an excursion the Passengers have been offered and recommended the aforementioned travel insurances. The Parties shall make an effort to amicably resolve any possible disputes. If those attempts fail, disputes shall be resolved before a competent court in Cagliari and shall be governed by the Italian law.