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Terms & Conditions

Introduction:

Celeste Tours is a useful platform for booking holidays and experiences, managed by “Celeste Tourism Promotion s.r.l.s”, hereinafter referred to as Celeste. Celeste connects customers with our partner providers for them to enjoy experiences or full tours.

General terms of service:

This document legally defines the terms of service that exist between Celeste and the customer. Celeste reserves the specific right to modify any clause in the current legal document without any prior notice of any kind, so please read this document from time to time to learn potential changes.The customer who intends to make use of our services proves to have read and accepted the current legal document. If he does not agree with one or more express clauses, please do not use the services offered.

Last updated service terms: 25/10/2021

Paragraph 1: Definitions:

This paragraph will list the terms and their definitions used later in this legal document.

  • Experiences“: must be understood as single, one-day activities or the service offered for booking by celeste or a Partner and, as the case may be, ordered by the Customer through the Service.
  • Tours”, both tailor-made and “ready-made” must be understood as multi-day activities including accommodation.
  • Transfers”, Celeste platform allows users to search for transfers operated by a Partner. 
  • General conditions of use“: this must be understood as the present document, modified from time to time in accordance with the provisions contained in the article.
  • Content“: must be understood as information, texts, photographs, comments, and all other elements that Users can communicate, insert or simply view through our platform.
  • Contract Agreement“: must be understood as the contract between a Partner and a Customer through an order on the portal by the Customer for an experience, according to the terms described in the “Reservations and payments”.
  • Customer“: must be understood as a User, with a customer account, which books an experience or buys a tour from Celeste.
  • Participant“: means a registered individual for the participation of an experience or tour booked through the platform.
  • Partners“: they must be understood as natural or legal persons who provide services for Celeste
  • Platform“: means both our website and our mobile applications through which the customer can use our services.
  • Service“: must be understood as the technical service that connects the user with the experiences or the tours
  • Celeste“: hereinafter also referred to as “we”, “the company”, “the company” representing the commercial activity that owns the platform that provides the described service.
Paragraph 2: Description of the service

Celeste is aimed at offering experiences and tours in Italy. The company also offers payment, reimbursement, cancellation,  Through the platform, every customer can consult and book:

  • Experiences designed by Celeste or its partners and operated by celeste partners. When booking, a specific legal link (contract) between the client and the partner is formalized. 
  • Transfers operated by Celeste partners. When booking, a specific legal link (contract) between the client and the partner is formalized.

Furthermore, the customer can make inquiries for tailor-made and ready-made tours.  As the experiences are operated by Celeste partners, Celeste is not responsible for their behaviours, nor for the behaviours of the customers which might cause harm or offense to the partners.

Paragraph 3: Booking and payment

3.1 Experience booking modalities

The user books our experiences through the services offered by Celeste. In order to be able to accept any booking attempt, we need the details for the payment method chosen by the client on which a pre-authorization of the transaction will be carried out by the payment system. Once the payment is accepted, Celeste will reserve up to 72 hours to accept or refuse this reservation. In the event that it is accepted, a legal contract will be established that regulates the relationship between the user and Celeste In the opposite case in which the reservation is refused by the partner, no price will be charged to the user. It is also specified that the availability of the activities provided on the platform, operated by our partners, are subject to the availability expressed by them. We will therefore not be legally responsible for any compliance or non-compliance of our partners in this regard.

Finally, it is specified that the customer will have the right to cancel any reservation request until it is processed. This cancellation must be made by sending an email to booking@celestetours.com indicating the details of the reservation. In case of booking confirmation, the user will receive a summary of the booked activity.

The User accepts that the activity may undergo changes, such as due to weather conditions, and a possible cancellation will follow the cancellation policies described in these terms of service.

3.2 Payment of experiences and transfers

Celeste is responsible for validating and collecting the price for the reserved experiences. For all bookings totaling more than € 1,000 or an equivalent amount in another currency, Celeste may ask the Customer to provide a copy of an identity document and a certificate of residence before validating the booking request. The Site and the Service allow Users and Clients to identify the prices of the Activities and to make the payment in a certain number of currencies that can be selected.

If the currency selected by the user or by the customer to view or pay for the activity price is different from the currency accepted by Celeste, it is specified that the displayed and retained price will be the result of a price conversion of activity in the currency selected by the user or by the customer.

In this case, the conversion rate applied is a market rate calculated based on the previous day’s rate provided by a specialized service provider independent of Celeste. Regarding the payment, the reference rate is that applicable to the date of the reservation request.

Customer payment in certain currencies may be subject to additional transaction fees automatically taken into account in the conversion rate used to display asset prices. Customers who choose this type of currency must be informed when the order is validated. For more information on relevant currencies, users and customers may contact Celeste at booking@celeste.com.

3.2 Payment of tours

Celeste is responsible for validating and collecting the price for the  tours Tours can be paid through a payment link shared with the customer or through a bank transfer. Customers can pay for tours in one installment or can pay 50% at booking and 50% within two weeks from the beginning of the tour.

4 Modifications and Cancellations policy

4.1 Modification of an experience transfers requested by Customer

The Customer may request a change in the date of the booked experiences, such modification is regulated according to the terms and conditions of the Partner. Any modification of the reservation must be made by sending a request to booking@celeste.com

The customer can also require other modifications to the described experiences (such as the starting time). In this case, Celeste reserves the right to refuse or to send a new price to the customer.  In the event that it is not possible to change the booking, the Customer must apply what is described in the following paragraph Request of cancellation on the Client side.

4.2 Cancellation of Experiences or transfers requested by Customer

The Customer can request the cancellation of the experience or transfer in order to obtain a refund. For experiences, the customer has the right to:

  • Full refund 7 days before the experience
  • 50% refund up to 72 hours before the experience
  • No refund 72 hours or less before the experience

The Customer and its participants who do not show up at the meeting place of the activity or make a cancellation after the end of the acceptance are not entitled to any type of reimbursement.

Cancellation or modification requested by Celeste

Celeste or their partners may cancel or modify experiences at any time due to circumstances beyond their control and which could render the activity impossible or dangerous, such as weather conditions. Where possible, Celeste will propose another date, if the customer accepts, the activity will be re-scheduled and agreed upon between Client and Partner. While, if the customer does not accept, the Customer can request the entire refund of the activity, without any compensation. The refund will be made to the Customer as soon as the activity is canceled.

4.3 Modification of tours

Modification of tours by Customer

Celeste or their partners may cancel or modify parts of tours at any time due to circumstances beyond their control or which could render the activity impossible or dangerous, such as weather conditions. Where possible, Celeste will propose another activity to compensate for the loss.

Modification of tours by Celeste

In the case the customer wants to modify an agreed tour Celeste will provide the customer with an updated quote. If the customer will accept the updated quote the tour will be modified. In no case, the modification of the tour will result in a lower fee unless part of the tour is canceled.

4.4 Cancellation of tours

Cancellation request by Customer

In the case of the cancellation of a tour, or of part of the tour, the customer is entitled to:

  • 90% refund up to 4 weeks before the tour
  • 50% refund up to 2 weeks before the tour
  • No refund 2 weeks before the tour

This excludes flights, ferries, and trains. Refunding of flights, ferries, and trains depend on the cancellation policy of the operating company.

Information We Share with Third Party Providers

We may share your personally identifiable information with service providers including

  • Our newsletter service provider to send you emails. Such provider may send emails of a marketing nature if you have agreed to receive our newsletters and will track some performance indicators, such as open and click rates.
  • Our business partners, suppliers, and sub-contractors, for the performance of any contract we enter into with them with regard to your booking. We may also share your data with analytics and search engine providers that assist us in the improvement of our website.
  • Legal authorities when we believe in good faith that we are lawfully authorised or required to do so or when necessary to do so to protect the rights and safety of Celeste Tours, employees and users from fraudulent, abusive, inappropriate or unlawful use of our services.
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personally identifiable information may be disclosed or transferred as one of the business assets of Celeste Tours.
  • Information that is aggregated or anonymised that does not directly identify you.
Paragraph 5: Customer’s compliance

5.1 Compliance with current regulations

By using our platform and our services, you acknowledge that you understand that you are following a particular course that contains the following clauses:

  • Do not use offensive attitudes towards other people
  • Do not use third-party data
  • Do not provide false identities
  • Do not use contact information obtained through the Site or the Service to spread unwanted or unauthorized mail.
  • Do not use contact information obtained through the site to spread virtual threats (viruses or similar)
  • Do not damage the reputation of Celeste and its brand
  • Do not cause the Site to be interrupted or cause cyber attacks of any type
  • Do not damage services offered by third parties
  • Do not access or attempt to access data that is not intended for Users or to enter or attempt to enter any part of the server hosting the Site.

Do not upload on the Site, view, or send by e-mail or any other means any element containing software viruses or other codes.

5.2 Responsibilities and obligations relating to the booking of the experiences and tours

Inherently with the provisions on the obligation to book activities, the customer undertakes to pursue the following conduct:

  • Carefully read the information sheet and make sure that you meet all the conditions required to carry out the activity (minimum age, difficulty level, certifications/licenses/patents required, language in which the activity will be carried out, etc.), otherwise the partner can refuse access to the activity if only one of the requested conditions is not met.
  • Respect the rules provided by the Partner
  • Respect the date and time of booking the activity
  • Celeste is not liable for any activity carried out which was not booked through them
  • Neither the Partner nor Celeste have the equipment to verify the physical condition and psychology of the users nor the verification of certifications, therefore the users and the Participants, participate in the activity under their own responsibility taking into account their level, physical conditions, experience, limits, and risks inherent in participating in a “risky” sport activity.

To this end, neither Partners nor the Company will be liable for injuries, accidents, or deaths while performing an activity.

5.3 Limitation of Liabilities

The service user undertakes to remove any potential legal liability arising from the use of the service and the platform. He is also obligated for any potential repayment to the company following potential legal dispute situations.

It should also be noted that the activities on the platform do not provide any integrated insurance covering physical or other damages. 

Paragraph 6: Property rights and copyrights

6.1 Platform and service rights.

The platform, services, and data they contain are protected by the law on intellectual property. It is also forbidden to copy, modify, reassemble, disassemble and reassemble in different forms and or to transfer in any way the rights relating to the protected elements; consequently, any attempt to reproduce the platform or any part of it (including codes and/or logos) in whole or in part without the written consent of the company is prohibited and constitutes a forgery sanctioned in particular by the Code of Intellectual Property provided from Italian legislation.

6.2 Marks rights

All logos, trademarks, patents, and any distinctive signs on the site are owned by Celeste and its Partners. Any use of logos, trademarks, or any distinctive sign is subject to written authorization by Celeste or its partners who hold the right. Users acknowledge the rights of the company and its partners in relation to the distinctive signs and refrain from any use and generally violate the intellectual property rights of the Company and its partners. Users acknowledge that any violation of these rights would be detrimental to the Company and/or Partners and/or its partners, in particular in terms of damage to their image.

6.3  Comments and user contents

Users grant the Company all intellectual property rights of their content and allow the Company to publish online and disseminate all or part of the Content on the site.

The rights assigned in this regard include: reproduction, representation, transmission, translation, distribution, use, modification, and translation rights for the media and all types. These rights are transferred without consideration, for the whole world, and for the duration of the protection of the contents by the laws on intellectual property and authorize the publication online through any known or future technical process. The user also warrants that he has sufficient rights of ownership inherent to the contents and is therefore legally authorized to pursue such action. He also ensures that any content posted through his / her account does not violate third-party rights (intellectual property or otherwise). Users must hold the Company unreservedly against any requests or legal actions relating to the publication of the Content in the platform.

Paragraph 7: Consequence of non-compliance with the terms of use

The Company reserves the right, in case of non-compliance by the user with one or more conditions outlined in this legal document, to take actions such as suspension, deletion of the account, and/or potential legal claims due to damages of any entity in the event of a serious breach of the joint and several obligations set out in this document.

Paragraph 8: Changes and updates of the service/platform

8.1 Service changes

Users acknowledge and accept that the company is free to make changes to the site or services at any timeAny changes will be subject to the exclusive will of the Company.

8.2 Terms of use modifications

The Company reserves the right to change the Terms of Use at any time. Users will be informed, by any means of modification of the Terms of Service, and any use of the site subsequent to such modification will be considered as acceptance of the changes.

Paragraph 9: Responsibilities and legal obligations

9.1 Services and maintenance

The company undertakes to offer a stable, usable, and complete service for most of the functional time. The user acknowledges that, despite all the possible efforts made by the company, networks based on Internet technology may present moments of downtime (non-functioning) due to faults or technical maintenance.

Furthermore, the user understands that the use of the Site and the Service requires the Company to perform technical assistance services, in particular in the context of maintenance operations. Therefore, the Site and the Service may be temporarily suspended, particularly in the event of system failure, maintenance, repairs, or updates.

The company can not be held responsible for any damage caused to Users due to the use of the Site or the Service and, in particular, damages resulting from the non-availability of the Site and, in particular, from technical problems.

9.2 Legal responsibilities of the company

The company provides a service that connects Users, Customers, and Partners. The Partners are exclusively responsible towards Customers and Participants for the correct execution of the offered Activities deriving from the booking on the Site

The Company can not be held responsible in any way for the total or partial non-compliance with an obligation and/or poor performance by a Partner in relation to the execution of an activity.

As a result, the Company will not be liable in the event of poor performance or non-performance, in whole or in part, of the obligations of the Partners. The Company will also not be responsible for the acts of a participant during the execution of the Service.

Customers and Participants shall not take any action against the Company regarding performance issues, non-performance, or poor performance of an activity.

9.3 Limitation of liabilities

The company is legally quotable only in case of violation, which is demonstrable by the user or customer, of one or more obligations expressed in this document regarding the provision of the service provided. Liability is limited to damages resulting from violations arising exclusively under his responsibility.

If it is liable to a specific user, it will compensate the latter for a sum not exceeding € 500 and in any case will not be legally cited for any indirect damage, such as an accident or damage of any entity occurring during the performance of the activity booked through our platform.

In any case, no violation can be accepted if presented by the violated party (customer or user) if more than six (6) months have elapsed after the date of the violation for which the customer presents a summons.

Finally, it is specified that the company is not responsible, and therefore not legally cited, for any action during a period of downtime, due to force majeure, for non-fulfillment of any entity of one or more of our partners.

10 Feedback and communications

Celeste is interested in the experience of its customers and wants to offer a quality service.

Therefore, in case of problems during the booking of an activity or during its execution by the Partner, the Customer or the participant can send an e-mail: booking@celeste.com or call one of the phone numbers provided on the website

Furthermore, Celeste can not be held responsible in any way in case of poor performance by a Partner with respect to the execution of an activity.

Paragraph 11: Protection of personal data

Regarding the rights and obligations related to the use and protection of personal data, users are invited to consult the Privacy Policy accessible online on the Site.

Paragraph 12: Third parties links

Any direct or indirect connection to the Site can be revoked and denied by the company at any time, without any written or other communication.

The company also reserves the right to request the cancellation of any link to the Site that has not been or is no longer authorized and asks for damages as a remedy for the resulting prejudices.

The Site may also contain direct links to other Internet sites or other Internet sources. Given the impossibility of controlling any source of connected third parties, the Company will not be responsible for making such sites and sources available and is not responsible for the operation, content, advertising, products, services, or any other information or data available on or from these sites or from external sources.

The creation of such links does not imply that the Company sponsors or advises the linked site in question or that the Company is affiliated to it.

In addition, the Company assumes no responsibility for any actual or suspected damage or loss, either subsequently or in connection with the use or entrustment of the content, goods, or services available on such sites or external sources.

Paragraph 13: General final disposition

If one or more clauses contained in this legal document are considered ineffective or inapplicable by the current legislation, they are to be considered omitted, the remaining retain their full strength and viability.

Paragraph 14: Applicable jurisdictions

These general terms and conditions of use are governed by and must be interpreted in Italian law. Any dispute concerning the interpretation, execution, or resolution of these acts is the sole responsibility of the legal forum of Napoli. It is also reiterated that the autonomous contracts established between the partners and the customers when they reserve the activities are governed by the law applicable to each case in question.