GENERAL TERMS AND CONDITIONS OF OUR SERVICES
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone, to our associates. By accessing, browsing and using our websites or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by Palermo Walks ("Palermo Walks", "us", "we" or "our") and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
1. Scope of our Service
Through the website we (Palermo Walks and its affiliate (distribution) partners) provide an online platform through which visitors to the website can book services. By making a reservation through our website you enter into a direct (legally binding) contractual relationship with us or our partners. From the point at which you make your reservation, we may act solely as an intermediary between you and our partner, transmitting the details of your reservation to the relevant service provider and sending you a confirmation email for and on behalf of the service provider.
When rendering our services, the information that we disclose is based on the information provided to us by service providers. As such, the service providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodation made available, even though we try our best to ensure that all the services not offered directly by us are at same level of those offered directly by us.
Our services are made available for our associates (please refer to our Memorandum of Association as to who is entitled to be an associate), for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. Our Services
The following, though they may be amended from time to time, are our services: (i) Walks, (ii) Tours, (iii) Itineraries, and (iv) Activities.
They may be carried out within the same day, or last more days. Please refer to the links provided for special Terms and Conditions.
The prices on our site are highly competitive, as they are reserved to our associates. Please refer to our Memorandum of Association as to who is entitled to be an associate.
Sometimes cheaper rates are available on our website for a specific service or period, however, these rates may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the service and rate details thoroughly for any such conditions prior to making your reservation.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
5. Credit card or bank transfer
If applicable and available, certain services can be paid (wholly or partly) during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to us through a third party payment processor.
For certain (non-refundable) rates or special offers, please note that we may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the reservation. Please check the room details thoroughly for any such conditions prior to making your reservation.
6. Cancellation, No-Show, and Rescheduling Polices
By making a reservation with us, you accept and agree to our Cancellation, No-show Policy, and Rescheduling Policies. The general cancellation policy of each service is made available on our website on the service information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the service details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the accommodation agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with our cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
7. Further correspondence
By completing a reservation, you agree to receive (i) an email to confirm your reservation, (ii) an email prior to your arrival date, giving you information on your destination and providing you with certain information and offers from other associates relevant to your reservation and destination, (iii) an email which we may send to you promptly after your stay inviting you to complete our associate review form, and (iv) informative emails about our activities (no more than six per year).
8. Associate reviews
The completed associate review may be (a) uploaded onto the relevant service information page on our website for the sole purpose of informing (future) associates of your opinion of the level and quality of the service, and (b) (wholly or partly) used and placed by Palermo Walks at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Palermo Walks and our affiliate (distribution) partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The associate review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our associates involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the service as made available on our website, (iii) the services rendered or the products offered us or our affiliate (distribution) partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the service or any of our other associates whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
10. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Palermo Walks, its associates, its suppliers or providers.
Palermo Walks exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilise, combine or otherwise use the content (including any translations thereof and the associates reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including associate reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or associate reviews, you hereby assign, transfer and set over all such intellectual property rights to Palermo Walks. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the Italian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Palermo, Italy.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
12. About Palermo Walks
The online service reservation is rendered by Palermo Walks, which is a non-profit association under the laws of Italy and having its offices at Via Messina Marine, 405 – 90123 Palermo, Italia. Registration number 97267620827.