Terms of service
1. Purpose
These Terms and Conditions, hereinafter also referred to as the "Terms", govern, regulate and define, in a comprehensive, systematic and binding manner, the entire set of modalities, conditions and circumstances relating to the booking, purchase, participation and enjoyment of the guided tours and tastings organised at Tenuta Fratini, located in Donoratico (LI), Tuscany, Italy, as well as any further aspect that may be considered, even indirectly, connected, related, ancillary or consequent to the aforementioned activities, hereinafter collectively referred to as the "Experiences", which are accessible and bookable exclusively through the website visit.tenutafratini.com, hereinafter the "Site", by means of an online procedure, with the consequence that access to, navigation and use of the Site and, in particular, the completion of the booking procedure entail, without the need for any further manifestation of will, the full acknowledgement, understanding and integral acceptance of these Terms, which must therefore be deemed known and accepted in each and every part, without exception.
2. Nature of the service
The Experiences offered by Tenuta Fratini consist of recreational, cultural and food-and-wine activities which take place, according to organisational arrangements established by the Estate and subject to variation depending on operational requirements, along a guided route lasting approximately two hours, structured in a sequence of coordinated moments and including the visit to the vineyards, access to the cellar premises and a guided tasting of the Estate's products, among which, unless otherwise indicated without affecting the overall nature of the service, the wines produced by the Estate, as well as a tasting of extra virgin olive oil, the whole being organised in Italian and English, for groups composed of a maximum of six participants, generally scheduled in morning and afternoon time slots, it being understood that such organisational elements shall not be deemed essential and may be modified by the Estate in accordance with technical, operational or production-related needs, and in any case considering that, pursuant to and for the purposes of Article 59, paragraph 1, letter n) of Legislative Decree 206/2005, the Experiences fall within the category of services relating to leisure activities with a specific date and time of performance determined at the moment of booking, with all the consequences arising therefrom in terms of the applicable legal framework.
3. Participation of minors
Participation in the Experiences is also permitted to children and minors, who may access and take part in the guided tour under the responsibility and supervision of an accompanying adult, it being nevertheless expressly established, in compliance with the regulations in force regarding the serving of alcoholic beverages, that the tasting of the wines included in the Experience is reserved exclusively for participants who have reached the age of majority, without any different circumstances being able to affect such limitation, which shall be deemed mandatory and non-derogable.
4. Booking and payment
The booking of the Experiences shall be deemed validly made, concluded and perfected exclusively at the moment in which the customer has completed the entire online purchase procedure provided by the Site, including the full payment of the amount indicated for the selected Experience, such amount being inclusive of taxes unless otherwise expressly indicated, and with the consequence that, by completing the procedure and simultaneously ticking the relevant box accepting these Terms, the customer declares, also pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, to have read, understood and fully accepted all the provisions contained herein, undertaking to fully and unconditionally comply with them, without the possibility of raising objections based on any alleged lack of knowledge or understanding thereof.
5. Right of withdrawal – Exclusion
In accordance with the provisions of Article 59, paragraph 1, letter n) of the Italian Consumer Code, the right of withdrawal governed by Article 52 of the same decree does not apply to contracts for the supply of services relating to leisure activities where such contracts provide for a specific date or period of performance, a circumstance which fully applies to the Experiences offered by Tenuta Fratini, with the consequence that the customer, by proceeding with the booking, expressly acknowledges and accepts that the booking shall be deemed final, binding and not subject to withdrawal and that, therefore, it shall in no case be possible to request a refund, whether full or partial, of the amount paid, regardless of any reasons that may be put forward and even if such reasons are not attributable to the customer.
6. Changes to the booking
Any requests to modify a confirmed booking, including, by way of example and not of limitation, changes to the date, time or language of the Experience, may be submitted to the discretionary evaluation of the Estate, which, depending on availability and its own organisational, operational and production-related needs, may decide whether or not to accept them, it being in any case understood that such requests do not constitute a right of the customer and that any rejection thereof shall not in any way give rise to claims, refund requests or other demands, and such requests must moreover be communicated with reasonable advance notice to the email address indicated in these Terms.
7. No-show
The customer is required to present themselves at the Estate at the time indicated in the booking confirmation, wearing clothing appropriate and suitable to the nature of the route, which may include sections on unpaved or otherwise uneven terrain, and failure to attend at the scheduled time, regardless of the underlying reasons, shall entail, in the event that the Estate is unable to provide for an immediate re-organisation, the full loss of the right to enjoy the Experience, without this giving rise to any refund, whether full or partial, nor to the possibility of rescheduling or recovering the Experience.
8. Cancellation by Tenuta Fratini
Tenuta Fratini reserves the right, to be exercised at its sole discretion, to cancel, modify or reschedule an already confirmed Experience should this become necessary due to force majeure, adverse weather conditions or organisational and production-related needs, with the consequence that, in such circumstances, the customer shall be offered the possibility of agreeing on an alternative date or, alternatively, of obtaining a full refund of the amount paid, without this entailing the recognition of any further sums or compensation on any grounds whatsoever.
9. Gift Card
The digital Gift Cards purchased through the Site are subject to these Terms and Conditions and allow the beneficiary to book an Experience by selecting, among the available options, the preferred date, time and language, it being nevertheless understood that they are intended for adult participants and that, should one wish to offer the Experience to minors, it will be necessary to contact the Estate in advance through the contact form available on the Site, without this entailing any obligation of acceptance on the part of the Estate.
10. Contacts
For any request for information, communication or need relating to the booking or the conduct of the Experiences, the customer may contact Tenuta Fratini at the email address spistolesi@tenutafratini.com, it being understood that any communications sent through different means may not be taken into consideration.
11. Applicable law and jurisdiction
These Terms and Conditions are governed by Italian law and any dispute relating to their interpretation, validity, effectiveness or performance shall be referred to the competent court of the place of residence or domicile of the consumer, where located within the Italian territory, pursuant to Article 66-bis of the Italian Consumer Code, any different jurisdiction being excluded unless mandatorily provided for by law.
12. Online Dispute Resolution (ODR)
Pursuant to Regulation (EU) No. 524/2013, consumers residing in the European Union may make use of the online dispute resolution platform for the out-of-court settlement of any disputes arising from contracts concluded online, accessible at https://ec.europa.eu/consumers/odr, it being understood that such tool constitutes a faculty and not an obligation.