Terms and Conditions of Business
Driving Guide Tours Snc provides chauffeur or guide driven vehicles and walking tours across Florence, Tuscany, Italy and Europe, we endeavour to delight all clients through our commitment to total customer satisfaction, our chauffeurs or guides will always go out of their way to ensure customers’ satisfaction is total and would never knowingly let them down, expose them to risk or danger or disregard their right to privacy, we are obliged however to provide them with formal terms and conditions, before booking a transportation or touring service with us customers are requested to read and accept our “Terms and Conditions of Business” below
– Unless the context requires otherwise, in this Agreement, “Agreement” means these terms together with any Booking accepted by us in writing.
– “Cancellation” means any cancellation by you of the services after we have accepted your Booking.
“Service Duration” means the period of time set out in the Booking or during which the Services are performed, whichever is longer, as amended by agreement or in accordance with this Agreement.
– “Pick-up Location” means the address or location stated in the Booking where the Services will commence.
– “Pick-up Time” means the date and the time set out in the Booking or communicated by you to us for commencement of performance of the Services.
– “Booking” means any booking from you of any quotation from us on your instructions to order services from us after the date of receipt of this Agreement.
– “Passenger” means any person who uses the Services or any part of them or who enters the Vehicle with the consent of another passenger, in each case whether or not the passenger is you personally, employed by you, or in any way associated with you.
– “Services” means the services of a chauffeur-driven Vehicle or guide commencing with picking up Passengers from the Pick-up Address.
– “Unacceptable Behaviour” means behaviour that is, in the view of the chauffeur or guide concerned, dangerous, illegal or unacceptable, including but not limited to: exceeding the maximum permitted number of Passengers, smoking in the Vehicle, being under the influence of excessive alcohol or under the influence of or in possession of any illegal substance, being violent, abusive, aggressive or a danger or potential danger to himself or any other person, being excessively rowdy or being in any way in an unfit state to travel.
– “Vehicle” means the vehicle referred to in the Booking or any replacement vehicle agreed by us and you.
– “We / us / our” refers to “Driving Guide Tours Snc” its employees, associates and its associated companies or subsidiaries, licensed affiliates or agents.
– “writing” includes any written paper document, any fax and any email correspondence
– “You / Your” refers to you, the client company, person or other legal entity who orders Services from us or makes a Booking. In this Agreement, except where the context requires otherwise: (a) words denoting any gender include all genders and words denoting the singular include the plural and vice versa; and (b) if there is any conflict between the Booking and these Terms, the provisions of the Booking shall prevail.
Bookings and Cancellations
The Booking is an offer by you to acquire the Services from us subject to this Agreement. This Agreement applies to the exclusion of any other terms or subject to which the Booking is made or purported to be made by you. No variation to these terms is binding unless agreed in writing between authorised representatives of you and us. All Bookings must be confirmed in writing using our booking form or email sent to any email address associated with us and signed by your authorised signatory. The Booking will fall unless accepted by us in writing prior to the Performance Time. Any extra requests or alterations to the Booking not made at the time of the Booking (for example, additional pick-up addresses, change of venue and so on) can not necessarily be complied with by us. However, we will use all reasonable efforts to meet your amended requirements although there may be an increase in the Price to reflect any changes. You may make a Cancellation at any time for a Booking, but unless differently specified in writing in our corresponce or contract the following penalties will apply:
Bookings cancelled at least 1 week before the pick-up time will bear a 10% penalty.
Bookings cancelled at least 72 hours before the pick-up time will bear a 30% penalty.
Bookings cancelled at least 24 hours before the pick-up time will bear a 50% penalty.
Bookings cancelled less than 24 hours before the pick-up time or no shows will bear a 100% penalty.
By penalty we mean that you have to pay the relative % of the fixed Price or of the estimated Price for the Booking using our standard published rates for the Services at the relevant time. In case a prepayment were already received we will retain the relative percentage of the total service as per above, with a minimum penalty of Euro 50, and reimburse the rest.. In case of No-Shows (where a client fails to arrive at an agreed time or place or on an agreed flight, ship, train or other mode of scheduled or chartered transportation) will have to pay the full price of the journey booked plus any additional waiting time and car parking fees incurred where our chauffeurs have endeavoured to trace the whereabouts of absent clients.
Performance of the Services
We aim to perform our Services to the highest of standards: please contact us if you have any issues, complaints, praise or suggestions.
Our chauffeurs will use their own judgement to drive at reasonable speeds in relation to the law, prevailing road type and conditions and you may not ask our chauffeur to exceed the speed limit under any circumstances.
Unless we have agreed with you that a particular route should be used, our chauffeur may use any route to a destination that in his opinion is the best and most convenient route for driving whether or not it is actually the shortest or fastest route.
Each Vehicle is only insured to be driven by our chauffeurs. No other person may drive the Vehicle under any circumstances.
We will transport a reasonable quantity of luggage accompanying Passengers.
If however, in the judgement of our chauffeur, the volume or weight of luggage is excessive, then we reserve the right to refuse to transport all or part of the luggage.
All property and luggage remains at all times the responsibility of you and the Passengers. We accept no responsibility or liability for any loss or damage, no matter how caused, to your property or luggage or those of Passengers.
You are expressly held responsible for the behaviour of all Passengers and for informing them of the provisions of this Agreement.
You will indemnify us for any losses, costs or expenses caused by any Passenger on demand, whether or not we have first made a claim against that Passenger.
In the event that any Passenger is or appears in the opinion of the Chauffeur to be carrying out or attempting to carry out any Unacceptable Behaviour, then we or our Chauffeur may refuse entry to that Passenger to the Vehicle or may terminate the Agreement for that Booking or may cease the performance of the Services even if they are not completed and may require that Passenger to leave the Vehicle.
In such circumstances, without prejudice to our other rights and remedies, you must still pay to us the full Price for the Booking and we will have no responsibility or liability for any losses or costs to you or any Passenger for any incomplete performance of the Services.
You accept responsibility and will indemnify us for any internal or external damage to or loss of the Vehicle or any of our property caused or incited to be caused by you or any Passenger no matter how the damage is caused.
You will pay for all cleaning and valet costs for our Vehicle if any Passenger causes any spillage or suffers from illness or in any other way causes the cleanliness of the Vehicle to be of a lower standard than at the Pick-up Time at present our standard “Soiling Fee” is euro 100 yet we reserve the right to charge extra for any downtime caused by vehicle(s) being taken off the fleet for cleaning.
Price of the Service
The Price for the Services is as set out in the Booking, Contract or the Official Price List received by you, subject to amendment in accordance with this Agreement.
Any fixed Price will be increased by an amount in accordance with our standard hourly rate at the relevant time for any delay or increase in the Hire Period in the following circumstances:
(a) any delay is caused by you or any Passenger for any reason; or
(b) any delay is caused by traffic congestion, accidents, weather conditions or any other cause outside our reasonable control. Unless agreed otherwise the Price stated is inclusive of the following (a) value added tax (which shall be exposed on our invoice); (b) any road or other tolls or additional expenses such as parking;
Unless agreed otherwise the Price stated is exclusive of the following which will be payable in addition where applicable:
(c) chauffeur subsistence and accommodation for overnight stays, where applicable, which unless agreed otherwise in the Booking will be charged at our standard rates for overnight stays.
(d) extra hours or kilometres not contracted in the Booking.
Terms of Payment
By prior arrangement, payment can be made in the form of cash Euro at the end of your journey, in all other cases you must pay for all Services provided in accordance with a Booking in advance by credit or debit card at least before the Pick-up Time, unless “Account Facility” credit terms have been agreed with you in writing by one of our Directors.
The charge on your credit or debit card statement will be listed as “Driving Guide Tours”.
Where “Account Facility” credit terms have been agreed with you, we will invoice you for the Services provided under each Booking or for any Cancellation at any time after performance of those Services or after Cancellation, as the case may be.
Unless agreed otherwise in writing, you must pay all unpaid parts of the Price to us within agreed number of days of the receipt by you of a proper invoice for the Services.
We may charge you interest from the date any payment is due until we receive it at a rate of 10% on a yearly basis. You may not set off against the Price any sums owed to you.
Warranties and Liability
We warrant that our Services will be performed using reasonable care and skill.
Our liability to you in respect of death or personal injury resulting from our negligence shall be limited as follows:
(a) our total liability to you shall not exceed the lesser of the Price or the money actually received from you for the Services in respect of which a claim has been made; and
(b) we shall have no liability to you for loss of profits, goodwill, reputation, business contracts, revenue, production, anticipated savings, nor for losses arising from third party claims which arise in connection with the Services nor any other losses or expenses; and
(c) we shall have no liability to you for any indirect, special or consequential loss, damage, costs or expenses including any labour, or the hiring of a replacement vehicle.
The exclusions and limitations of liability set out in this Agreement exclude and limit all of our liability to you for all matters arising in connection with this Agreement whether in contract, tort (including negligence), for breach of statutory duty or otherwise.
You must indemnify us in respect of any claims for loss, damage, injury or expense by any third party arising directly or indirectly from your use of the Services or making them available to a third party including any Passenger or otherwise arising in connection with this Agreement except for death or personal injury to the extent that it results from our negligence.
Neither party shall be liable for any delay or failure to meet its obligations under this Agreement (other than a payment obligation) due to any cause outside its reasonable control (a “force majeure” situation), which it must notify to the other party as soon as possible.
This Clause also applies where the affected party has reasonable grounds to believe that a force majeure situation is imminent whether or not it has actually occurred at that time.
You and we will both treat all information received from or created for each other marked “confidential” or “private” or reasonably obvious to be confidential as we would treat our own confidential information.
Either we or you may terminate this Agreement or any Booking without liability to the other party by giving notice to the other at any time if:
(a) the other party commits a material or persistent breach of this Agreement and does not remedy the breach within 14 days of receipt of written notice to do so where the breach can be remedied;
(b) the other party becomes insolvent or is unable to pay debts as they fall due;
(c) anything analogous to the foregoing occurs under the law of any jurisdiction in relation to the other party; or
(d) either party believes on reasonable grounds that any of the events mentioned above is about to occur to the other party.
Termination for any reason will not release you from the obligation to pay us any sums due, including any costs incurred by us in relation to Bookings for Services that are not yet completely or partially performed.
We may subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part.
You may not assign or transfer any of your rights or obligations without our written consent.
A notice required or permitted to be given under this Agreement shall be in writing and delivered to the other party’s registered office or such other address as may at the relevant time have been notified to the party giving the notice. Delivery may be by hand, email, fax or post.
This Agreement sets out the entire understanding of the parties with respect to their subject matter and replaces any prior agreements or understandings or representations (unless fraudulent), whether written or oral.
You agree that you will not have any right of action against us arising out of or in connection with any such representations unless fraudulent and that you have not relied on any such representations.
All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected and nor shall the validity or enforceability of any other provision of this Agreement.
No waiver of any breach of this Agreement shall be considered a waiver of any subsequent breach of the same or any other provision.
This Agreement and this contract are governed by Italian Law and are subject to the exclusive jurisdiction of the applicable Italian court.