Terms & Conditions

Terms and Conditions

1. General

SOMEWHERE IN ITALY  is a trade mark property of NKS S.a.S di Nicoletta Ambroggio & C. licensed Travel Agency and Tour Operator in Torino, Italy, via Palmieri 29.

NKS organizes and carries out the excursions presented in the www.somewhereinitaly.it  on the basis of the administrative authorisation of the Torino Provincial Authority, AP-1/s130-2015-97  dated 01.04.2015.

The activity is covered by insurance policy Reale Mutua n. 2015/03/2219012  by third-party insurance for the risks, the indemnity limits and the guarantees laid down in D.L. 111/95

The program conforms to the text established according to the D.L. 111/95, approved by EEC regulation no. 90/ 314.

This Agreement sets forth the terms and conditions between Somewhere in Italy by NKS Sas (“Somewhere in Italy”) and users who use our services to purchase tours and travel services (“You”). This Agreement explains how You purchase tours and travel services and specifically limits the liability of Somewhere in Italy”.

You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.

 

 2. Cancellation policy

Cancellation 45 days or more before departure: € 20% of the tour price

Cancellation 44 to 22 days before departure: deposit paid or 300% of tour price
Cancellation 21 to 15 days before departure: deposit paid or 40% of tour price

Cancellation 14 to 8 days before departure: deposit paid or 60% of tour price

Cancellation less than 7 days before departure: no refund

 

3. Refunds

You are strongly encouraged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation.

In some cases, Somewhere in Italy by NKS  may cancel a tour due to weather or other circumstance. In the event that the Somewhere in Italy by NKS  cancels the tour, or does not deliver it as promised, You may choose between a rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded by Somewhere in Italy by NKS or paid by You, as applicable.

No refunds will be made on any unused portion of the tour package/excursion/service.

During the periods of greatest attendance, despite of the reservations, the entry to the museums could be subjected to delays against the prearranged timetable, which are not attributable to the organization staff responsibility.

Somewhere in Italy by NKS is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.

 

4. Acceptance of risk and waiver of liability

You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release Somewhere in Italy by NKS and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of Somewhere in Italy by NKS, whether such negligence is passive or active.

Prior to tour commencement, the Tour Guide may ask You to sign a Liability Release, and You can view a copy of the Liability Release by accessing the following link: http://www.somewhereinitaly.it/liabilityrelease.

Whether the signing of the Liability Release is required is disclosed when you use the Site to book the tour.

You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.

We urge you to exercise caution if you purchase any goods during your tour. Neither Somewhere in Italy by NKS or the Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.

 

5. Prohibited Use

The Site may not be used to recruit, solicit, or contact Tour Guides for employment or contracting for a business not affiliated with Somewhere in Italy by NKS unless you first obtain express written permission from Somewhere in Italy by NKS.

 

6. Information Provided by You

You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. Somewhere in Italy by NKS is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.

Somewhere in Italy by NKS will only use your information in accordance with our Privacy Policy. Somewhere in Italy by NKS will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold Somewhere in Italy by NKS harmless for any damages that may result.

Somewhere in Italy by NKS uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information regarding that service, please contact Somewhere in Italy by NKS credit card processing company –
PayPal – www.PayPal.com.

 

7. Modification of the Terms of this Agreement

Somewhere in Italy by NKS reserves the right to make changes to this Agreement from time to time. Somewhere in Italy by NKS shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.

 

8. Term of Agreement

This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Somewhere in Italy by NKS may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of Somewhere in Italy by NKS as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information Provided by You); Section 8 (Term of Agreement); Section 10 (Disclaimer of Warranties); Section 11 (Limitation of Liability); Section 13 (Legal Claims); Section 14 (Miscellaneous Provisions); Section 15 Force Majeure.

Should You violate the terms of this Agreement, Somewhere in Italy by NKS reserves the right, without prejudice to any other rights or remedies available to Somewhere in Italy by NKS, to terminate your use of this Site immediately at its sole discretion.

 

9. Privacy

Somewhere in Italy by NKS is committed to ensuring the privacy of the information you give us. Our Privacy Statement is available at http://www.somewhereinitaly.it/privacy.

 

10. Disclaimer of Warranties

Although Somewhere in Italy by Nks endeavors to provide current, accurate and reliable information on the wine.com site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on somewhereinitaly.it site.

Somewhere in Italy by Nks does not warrant that the site will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability or content of any information, service or merchandise provided through the site. The site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantibility or fitness for a particular purpose.

You expressly agree that the use of this site is at your sole risk you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website

 

11. Limitation of Liability

Under no circumstances will Somewhere in Italy by NKS be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of Somewhere in Italy by NKS arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to Somewhere in Italy by NKS under this Agreement.

If you are dissatisfied with any portion of the somewhereinitaly.it  site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the somewhereinitaly.it  site. this sole and exclusive remedy is separate and independent of any other provision that limits somewhereinitaly.it ‘s liability or your remedies.

 

12. Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

 

13. Legal Claims

For all disputes between Somewhere in Italy by NKS and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and Somewhere in Italy by NKS, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of the City of Torino, Italy, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of Torino, Italy, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of of Torino, Italy, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.

 

14. Miscellaneous Provisions

Failure by Somewhere in Italy by NKS  to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the Italian laws. 

These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and Somewhere in Italy by NKS  with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Somewhere in Italy by NKS , its successors and assigns.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

 

15. Force Majeure

Somewhere in Italy by NKS shall not be liable for damages resulting from delays or inability to provide the services due to delays or inability resulting from acts of God, fires, floods, wars, sabotage, accidents, labour disputes or shortages, third party shutdown or equipment failure, voluntary or involuntary compliances with any law, order, rule or regulation of governmental agency or authority; or inability to obtain material (including power and fuel), equipment or transportation, or arising from any other contingency, circumstances or event beyond the control of Somewhere in Italy by NKS.