Terms and Conditions

Terms and Conditions

Description of the Go By Guide Service

General contractual terms and conditions

Article 1. Go By Guide.
Go By Guide s.r.l. is a company that offers guided tour services in Italy to private Tourists (nonprofessionals pursuant to article 3 of the Italian Consumer Code, Legislative Decree 206/2005), henceforth
Customers, thanks to a network of licensed Professional Tour Guides, henceforth also Professionals. Go By Guide s.r.l., is a company registered in Italy, with headquarters in Via Nottolini n. 119/C, 55100 Lucca, Italy (VAT registration number and tax code 02170650465 R.E.A. 202913).

Article 2. General description of the “Go By Guide” service.
Go By Guide s.r.l. provides guided tour services to Private Tourists through the Professionals in its network. The service offered by Go By Guide s.r.l. is based on the on-line consultation – through the website www.gobyguide.com - of a dedicated search engine, through which private Tourists may search and select the Professional Tour Guides or tour representatives available to carry out the guided tour services or to accompany tourists on a specific date, area or service.
The search occurs through the direct consultation of a database containing the personal details of the Professional Tour Guides present in Italy and abroad who are registered in the system.
Private Tourists may purchase the Service that meets their needs and pay for it through the electronic payment system.
With his or her purchase, the Private Tourist will receive an e-mail confirmation message containing the details of the transaction and all the guide service data (“Booking Voucher”).
The system requires the Private Tourist to enter the data necessary for execution of the agreement and preparation of the invoice that will be sent by Go By Guide s.r.l. in accordance with the tax regulations. The Customer must pay for the service by credit card at the moment of purchase.

Article 3. Conclusion of the contract
The contract for the provision of the service of the Professional Tour Guide shall be understood to have been made in Lucca, when the Private Tourist has carried out acceptance thereof, through the GoByGuide system (www.gobyguide.com). The contract is governed by the laws of Italy. The consumer is acknowledged to have the rights and faculties specified in the Italian Consumer Code, Legislative Decree 206/2005.

Article 4. Provision of the service of Professional Tour Guide.
The Professionals who operate Go By Guide s.r.l. undertake to provide the guided visit or tour service in a properly professional way, to the content of the transaction completed through the system and any detailed agreement that might be made subsequently with the Private Tourist. If the selected Professional should subsequently be unable to provide the service, the Private Tourist is assured that the service will be provided by professionals of equal or greater experience and capability.
The Private Tourist may submit any complaints about the service provided by the Professional Tour Guide to Go By Guide s.r.l., and Go By Guide s.r.l. will send written notification to the guide.

Article 5 Revocations and cancellations
The Private Tourist may revoke and/or cancel the booking within 48 hours of the start of the guided tour service with no requirement to pay a penalty charge. The customer will be reimbursed with a Voucher valid for 12 months for the booking of a guided tour on www.gobyguide.com. No reimbursement for the booking will be payable if the service is revoked and/or cancelled outside the period indicated above. However, the right of withdrawal pursuant to the following article may in any event be exercised.

Article 6 Right of withdrawal
The Private Tourist has the right to withdraw with no penalty and without specifying the reason for the withdrawal, within ten working days of the date of the booking (completion of the contract), pursuant to the Italian Consumer Code (contained in) Legislative Decree 206/2005, where applicable.
The right of withdrawal is exercised by sending a written communication to the offices of Go By Guide s.r.l. (Via Nottolini n. 119/C, 55100 Lucca, Italy - fax +39-0583-311096 – contatti@gobyguide.com) by registered mail with advice of receipt. The communication may also be sent, within the same period of time, by telegram, electronic mail or fax, provided that it is confirmed by recorded delivery with notification of receipt within the following forty eight hours; the registered letter shall be understood to have been posted in time if delivered to the accepting post office within the period of time specified in the code or in the contract, if they should differ. However, an advice of receipt is not an essential condition to demonstrate that the right of withdrawal has been exercised.
With the reception by Go By Guide s.r.l. of the communication specified in article 64, the parties are released from their respective obligations under the contract or contractual proposal.

Article 7 Jurisdiction
Pursuant to Legislative Decree 206/2005, for disputes regarding the validity, efficacy or execution of this contract, the territorial jurisdiction of the District Court in the place of domicile or residence of the consumer Private Tourist, if in Italy, shall be binding.

Article 8 Data security
The Go By Guide system guarantees that all personal data is protected and that on-line payments are secure, ensuring a fast, safe booking service. On-line payments are handled by a bank that receives the data directly, without any intermediaries, through the Bank’s own payment gateway using protocols that guarantee the maximum security of the payment operations.

Article 9 Definitions
Tourism professions: tourism professions are those whose object is the organisation and supply of services to promote tourist business, including assisting, welcoming, accompanying and guiding tourists.

Professional tour guide: a person who, by profession, accompanies individuals or groups of people in visits to works of art, museums, galleries, architectural excavations, illustrating their attributes in terms of history and art, and as monuments, landscape and nature, with specific skills and knowledge.

Tour representative/courier: a person who, by profession, accompanies individuals or groups of people in tours through Italy or abroad; supplies, with specific skills and knowledge, significant elements and information of tourist interest about the areas through which they pass that are outside the area of
competence of guides.

Environmental excursion guide: a person who, by profession and with specific skills and knowledge, illustrates all the natural and anthropological aspects, both in the countryside and in urban areas, that are part of a selected tour, accompanying individuals or groups of persons throughout Italy, ensuring they are provided with the necessary technical assistance and excluding, in any event, the use of climbing techniques for the progress of the tour.

Guided visit: Activity of visiting and observing places of artistic interest, museums, galleries, archaeological excavations, illustrated by tour guides.

Details of the tour guide and/or tour representative/courier: file of personal information with the first and last name of the guide, languages spoken, contact details, specialisations, prices and cities in which he or she works.

Booking voucher: certification document intended to prove that a specific service has been booked and/or that the client is entitled to use the specific service indicated, specifying the payment conditions for the service.

No-show: indicates the circumstance in which the customer (who has booked a service) does not turn up on the date and at the time booked.

Statement on privacy
This document represents the statement pursuant to article 13 of Legislative Decree no. 196 of 30 June 2003 “Code on the protection of personal data” by Gobyguide s.r.l..
The data supplied by the user at the time he or she uses the services offered by Go By Guide s.r.l. will be registered on electronic databases managed by Go By Guide s.r.l., which will be the data controller thereof. This statement applies to the personal data sent by the User at the time of registration, and the data obtained from visits to and navigation in our site and subsequently provided by the User to activate the services offered inside the Site. Go By Guide s.r.l. subjects the personal data of the Users to all the processing operations identified in Legislative Decree 196/2003 – that is the collection, recording, organisation, retention, processing, modification, selection, retrieval, comparison, utilization, interconnection and all other operations pertinent to the supply of the services requested of us, including communication to third parties, where necessary – using automated computerised methods. The data may be organised in databases or archives. In particular, the aims of the processing of the personal data are as follows:

to supply the services specified;
to check the quality of the services offered;
to trace those responsible for any illicit acts only in the case of specific requests and on behalf of the competent authorities.

Users may access their data at any time and exercise their rights as specified in article 7 of Legislative Decree 196/2003. Go By Guide S.r.l. announces that, pursuant to article 7 of Legislative Decree 196/2003:
The User has the right to obtain confirmation as to whether or not personal data relating to him or her exist, regardless of their being already recorded, and their intelligible communication (to the User). The User has the right to obtain information on: a) the origin of the personal data;
b) the purpose and methods of the data processing;
c) the logic applied in the case of processing with the assistance of electronic tools;
d) the identifying details of the data controller, managers of the data processing, and designated representative pursuant to article 5, subsection 2;
e) the subjects or categories of subjects to which the personal data may be communicated or which might gain knowledge of the data as designated representative in Italy, as managers or as appointed persons.

The User has the right to obtain:
a) the updating, rectification or, where interested therein, the completion of the data;
b) the erasure, blocking or transformation into an anonymous form of data which have been processed unlawfully, including those the keeping of which is not necessary for the purposes for which they were collected or subsequently processed;
c) the statement that the operations as per a) and b) above have been notified, as also related to their contents, to the subjects to whom the data were communicated or disseminated, except when the
provision of such information proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.

The User has the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data relating to him or her even though relevant to the purpose of the collection

b) to the processing of personal data relating to him or her which is carried out for purposes of commercial information or advertising or direct marketing, or else for the performance of market or interactive commercial communication surveys.

Legal addendum
Extract of the Consumer Code Legislative Decree 206/2005 Article 63 Jurisdiction

For any disputes arising out of the application of this Chapter, the District Court in the place of domicile
or residence of a consumer, if in Italy, shall have binding jurisdiction.

Section IV Right of withdrawal Article 64
Exercise of the right of withdrawal

For distance contracts and contract proposals, or those negotiated away from business premises, consumers shall be entitled to a period of ten business days to withdraw from a contract without being liable to any penalty and without giving any reason, save for the provisions of Article 65, Subsections 3, 4, and 5.
Right of withdrawal may be exercised by making written notification, by no later than the term provided for at Subsection 1, to the premises of the professional, by recorded delivery (with notification of receipt). The communication may also be sent, within the same period of time, by telegram, electronic mail or fax, provided that it is confirmed by recorded delivery with notification of receipt within the following forty eight hours; the recorded delivery shall be understood to have been sent in time if delivered to the accepting post office within the period of time specified in the code or in the contract, if they should differ. However, a notification of receipt is not an essential condition to demonstrate that the right of withdrawal has been exercised.
If expressly provided for in the offer or information regarding the right of withdrawal, goods received may be returned by no later than the term specified above at Subsection 1, instead of specific notification having to be made.

Article 65
Starting Dates

For contracts or contract proposals negotiated away from business premises, periods for consumers to avail themselves of their right of withdrawal pursuant to Article 64 shall commence:
on the day of signing the order note containing the information referred to in Article 47 or, if an order note has not been provided, on the date the information itself is received, for contracts for services or contracts for the supply of goods, provided that the professional has previously shown or explained to a consumer the product for which a contract has been concluded; or on the date of receipt of goods, if later, for contracts for the supply of goods, if the purchase was made without the professional being present, or a product of a different type than that for which a contract has been concluded has been shown or explained.
For distance contracts, periods for exercising the right of withdrawal pursuant to Article 64 shall commence: in the case of goods, from the date of receipt by the consumer, provided that all information requirements pursuant to Article 52 have been met, or from the date upon which such requirements were met, if they are fulfilled after conclusion of the contract, provided that this period does not exceed three months after the date of conclusion; or in the case of services, from the day of conclusion of the contract or the date on which the
requirements pursuant to Article 52 have been met, if they are me t after conclusion of the contract,
provided that this period does not exceed three months after the date of conclusion.
For contracts or contract proposals negotiated away from business premises, if a professional has failed to meet his information requirements pursuant to Article 47, or for distance contracts, the information requirements pursuant to Article 52, Subsection 1, subSubsections f) and g), and Article 53, the period for exercising the right of withdrawal shall be sixty or ninety days respectively, and in the case of goods, shall commence on the day of receipt by the consumer, for services, from the day the contract is concluded.
Provisions pursuant to Subsection 3 shall also apply if a professional supplies incomplete or incorrect information that does not permit the right of withdrawal to be exercised correctly.
Parties shall be entitled to agree upon broader guarantees for consumers than those provided for in this Article.

Article 66
Effects of the right of withdrawal

Upon receipt by the professional of a notification pursuant to Article 64, the parties shall be released from their respective obligations arising out of any contract or contract proposal. If, in the meantime, any requirements have been met out in full or in part, this shall not affect the further obligations pursuant to Article 67.
Article 67
Further obligations of the parties
If goods have been delivered, consumers shall be required to return them or to make them available to the professional or the person appointed thereby, according to the procedures and timeframes provided for in the contract. The period for returning the goods shall never be less than ten business days after the day the goods were received. Upon expiry of this term, any goods shall be understood to have been returned when they are delivered to the post office accepting the delivery or to the forwarding agent.
For contracts for the sale of goods, if goods have been delivered, the substantial integrity thereof shall be an essential prerequisite for the exercise of the right of withdrawal. However the goods need only be returned in a normal state of repair, to the extent that they have been kept and preferably used with all due
care and attention.
The only expenses due from a consumer when exercising his right of withdrawal pursuant to this Article shall be the direct expenses of returning any such goods to the sender, where expressly provided for in the contract.
If the right of withdrawal is exercised by the consumer in conformity with the provisions of this Section, professionals shall be required to refund any monies paid by consumers, including any deposits. Refund must be made free of charge, in the shortest possible time, and never any later than thirty days after the date upon which the professional was informed of the consumer's intention to withdraw. These sums shall be understood to have been refunded if they are effectively returned, sent or credited with an effective date of no later than the termination of the period previously indicated.
If payment has been made by way of bills of exchange, and the latter have not yet been presented for payment, arrangements must be made for the return thereof. Any contract term which limits refunds to the consumer of the sums paid as a result of exercising the right of withdrawal shall not be valid. If the price for goods or services is covered by a contract pursuant to this Title is fully or partially covered by a loan granted to the consumer by the professional or by third parties on the basis of an agreement between the latter and the professional, the credit agreement shall be understood to have been automatically terminated, without any penalty, provided that the consumer exercises his right of withdrawal in accordance with the provisions of this Article. The professional shall be required to notify any third parties granting any credit that the consumer has exercised his right to withdrawal. Any sums paid by the third party granting the credit for payment of goods or services until it became aware that the consumer had exercised his right of withdrawal shall be refunded to the third party by the professional, without any penalty, except for payment of legally accrued interest.