1. Scope of Application

These General Terms and Conditions (hereinafter referred fo as “GTC’) are an integral part of the contract concluded between the customer and the participants in the tours and Mattei Viaggi Sag! (Via Valmaggina 53, 6676 Bignasco, hereinafter referred to as “TT”) as well as third parties who book the tours for the participants or act as agents for the fours (hereinafter referred to as “customer/s”) for all services provided by TT, in particular the organization of day trips (hereinafter referred to as “tour’) and their guidance, insofar as the tour guidance is not provided by third-party providers. For all activities of third-party providers, TT acts merely as an agent; however, such activities are carried out in the name and according to the terms and conditions of the third-party providers. They apply to the Ticino Tours brand. The rights and obligations of the customer and MATTE! VIAGGI arise from the individual written contract, these GTC, and the statutory provisions. In addition, the general travel information contained in MATTE! VIAGGI’s publications must also be observed.

2. Conclusion of the Contract

Bookings can preferably be macle directly on the website hitp://www.ticinotour.com, by phone, email, or in person. Even for free participation, a reservation is required. Otherwise, TT may exclude the participant from the tour and, in the case of minors, also their accompanying person (see paragraph 7). At the time of booking, customers must provide TT with their credit card details. If bookings for customers are made by third parties (including bookings by customers for other customers), such third parties are responsible for both the payment of the booked service and the acceptance of these GTC by the customers. The contract between the customer (or the third party making the booking) and TT is concluded with the unconditional acceptance of the booking by TT, which will confirm to the customer by email. Until the booking is confirmed, the contract is not finalized. By booking, the customer and the third parties making the booking accept these GTC as binding. TT will not accept any non-binding bookings.

3. Rates and Payment Terms

The four price is per person and is indicated in the price list in Swiss francs. All prices are inclusive of VAT. Prices are subject to change according to paragraph 6. The tour price is due at the time of booking. The tour is considered all-inclusive, meaning the price includes all activities of the day, such as_ transportation, driver, food and accommodation for the driver, tour guide, food for the participants, tickets for access to facilities or events, various transportation costs, food and accommodation for the guide, etc. Services start from the designated departure point for boat, train, and bus trips and from the airport in Switzerland for air travel. Invoices must be paid by bank transfer within 15 (fifteen) clays of the contract conclusion. The full tour price is due at the time of contract conclusion for online bookings at prices in Swiss francs. A surcharge of 4% (minimum 10 CHF) per transaction will be applied for credit card or Twint payments.

4. Cancellations/Changes to Bookings by the Customer

TT does not offer any cancellation insurance. The customer is responsible for subscribing to a private one.

4.1. Group Tours (Tours with Seating)

Group fours can be canceled free of charge up to 24 hours before the start of the tour. For groups of more than five (5) people, free cancellation can be mace up to seven (7) days before the start of the tour. In case of cancellation less than 24 hours before the start of the tour and in case of no-show, the full four price per customer will be charged. For groups of more than five (5) people, in case of cancellation less than 7 days before the start of the tour, the following refund scale applies: 7 to 5 days before, 70% refund; 5 to 3 days before, 40% refund; 2 days before, no refund will be granted. It is not possible to change bookings less than 24 hours before the start of the four. The above cancellation/change conditions also apply to bookings made less than 24 hours before the start of the four. Exception fo the above: for multi-day tours, a cancellation period of 48 hours before the start of the tour applies. If the customer interrupts the trip, the trip price will not be refunded; any additional costs (eg., return transport) will be borne by the participant. Only in case of trip cancellation for compelling serious reasons will services not charged by TT be refunded (net of handling fees as per pt. 4.3). Minors over six (6) years of age are admitted. If the customer wants to bring a minor under six years of age, they must equip themselves to comply with the regulations of the fecleral road traffic law by providing a suitable child seat. Minors pay the full tour price.

4.2. Private Tours

For private fours, the price is calculated ad hoc based on the customer’s needs.

4,3. Management Fees

Cancellations and changes to bookings (i.e., any change to the four, the number of customers, or the four date) must be made in writing (also by email) and are legally binding after confirmation by TT. The date of receipt of the written notification is decisive for the calculation of deadlines; in case of arrival on weekends or holidays, the next working day is decisive. For any change or cancellation of the booking, a handling fee of 10% of the excursion value (max. CHF 250.-) is provided, in acldition fo any additional four costs. Different cancellation conditions are communicated by TT in the booking confirmation. The acceptance of any changes fo private tours previously confirmed by TT is at TT’s discretion.

5. Cancellation by TT

It is at TT’s discretion to cancel a tour that is significantly hindered, obstructed, or made impossible by force majeure. In the event of unforeseen and unavoidable events or force majeure, such as wars, strikes, natural disasters, floods, riots, epidemics, pandemics, and associated official measures, difficult traffic conditions, road closures, or similar unpredictable events, the scope of the tours is limited, reduced, or canceled. In the aforementioned cases, the service descriptions contained in the TT description are not binding. In the event of a limitation or reduction in the service offer due to an unforeseen and unavoidable event or force majeure, the customer is not entitled to a refund of the excursion price. Further compensation will be refused. In case of contradictions, written information will take precedence. Special requests of the customer and subsequent additional agreements require the express written confirmation of MATTE! VIAGGI Sagl to be valid.

6. Changes in Tour Prices or Services

TT reserves the right to change the tour price according to the price list or the agreed four price, respectively, in the case of extraordinary circumstances. Extraordinary circumstances are particularly understood

– fo be changes in the rates of third-party providers, such as transportation companies;

– new or increased taxes, fees, or charges introduced or increased.

Changes in four prices due to extraordinary circumstances will be communicated no later than three (3) weeks before
the start of the tour. If the difference between the new tour price and the initial price exceeds 10%, the customer
has the right to withdraw from the contract, upon written communication within three (3) days from the communication of the tour price change, in exchange for a full refund of the already paid tour price, or fo book an alternative TT tour of the value of the initially booked tour without any rebooking fee. Further compensation for damages is excluded. TT reserves the right to change the four program at any time, prematurely terminate the tour, or offer alternative solutions in case of extraordinary circumstances. Any additional tour costs will be borne by the customer. The same applies if the minimum number of 8 (eight) paying participants for group fours is not reached: in this case, the customer will be immediately rescheduled for another day or another tour; only with proven impossibility to conduct the tour on another clay (eg., due to departure from the Ticino territory, severe illness, serious accident, and similar serious impediments) can the customer request a refund of the four. Further compensation claims are excluded. TT undertakes to inform the customer immediately of any changes in services and/or the program. Refunds are made in the same way as the payment was mace. Further compensation for damages due to changes in tour prices or services is excluded.

7. Participation Conditions

The fours are offered in compliance with the conditions published by TT (e.g., regarcling language, tour guicle, etc.). Tour participants must identify themselves at check-in before the start of the tour by showing an ID or passport according to the booking; otherwise, TT may exclude both the four participants and the customers for whom the booking was made from the four without refunding the purchase price. For foreign tours, all customers must have an ID or passport with them; they are responsible for obtaining the entry visa to the foreign country and complying with any other entry conditions in the foreign country. TT declines all responsibility for non-compliance with foreign regulations; in such cases, the price will not be refunded. Minor customers must be accompanied by a person with representative authority.

TT is not equipped to offer adequate services to people with disabilities. Therefore, participation of people with disabilities in organized excursions is not allowed. If a person with a disability decides to participate in the excursions despite this indication, they do so at their own exclusive risk and responsibility, releasing TT from any liability. In such cases, all costs, damages, and inconveniences that may arise will be borne entirely by the participant.

Pets are not allowed, except for companion dogs for people wit disabilities. Customers undertake to inform TT of any health problems and any food _intolerances. Adequate insurance coverage against illness and accidents is the responsibility of the customers (including additional accident insurance for sports activities in case of tours with sporting activities). Participation in a tour under the influence of drugs, medications, and/or excessive alcohol is not allowed. Customers undertake to strictly comply with these GTC, the participation conditions of third-party providers, the instructions of TT, third-party providers, support staff, as well as external tour guides and rescue personnel. Furthermore, customers are required to wear seat belts and use child seats if provided. TT reserves the right to exclude a customer from the tour with immediate effect in case of health problems, non-compliance with participation conditions, or violation of these GTC or any instructions. TT excludes all liability for behavior contrary to the GTC by tour participants. In case of exclusion of a minor customer, the accompanying person is also excluded from the tour. If the exclusion occurs before the start of the four, the cancellation conditions apply by analogy. If the exclusion occurs during the four, the customer is not entitled to a refund of the tour price. In case of exclusion, all claims for damages against TT are excluded. If the customer does not show up on time at the departure or meeting point for the start or during the tour, TT reserves the right to exclude the customer from the tour after a waiting period of 5 minutes for a half-day tour or 10 minutes for a full-day or multi-day tour and fo start without the customer. In this case, the customer is not entitled to a refund of the tour price and cannot claim any compensation. Furthermore, the customer is required to personally pay any additional costs (eg., transport to return fo the starting point). TT does not assign seats.

8. Tips

In our industry, it is still customary to honor those who provice a service, such as the driver, four guide, waiters, and organizer, with a tip for their competent performance.

9. Liability

9.1. Limitation of TT’s Liability

Customers undertake all activities at their own risk and responsibility. TT’s liability is limited to the tour price and direct damages caused intentionally or by gross negligence by TT. TT’s liability for slight negligence, for personal assistance, as well as for consequential damages and loss of profit, is excluded. TT assumes no responsibility in case of non-fulfillment of contractual obligations due to omissions or violations of the contract by the customer (in particular due to violation of the participation conditions referred to in point 7). In case of cancellation of a tour, TT is responsible for refunding the tour price only under the conditions of point 5. TT assumes no responsibility for the disappearance of personal items, money, valuables, luggage, photographic equipment, etc., as well as for the loss, theft, damage, or misuse of checks and credit cards

9.2. Exclusion of Liability for Third-Party Offers and in Case of Force Majeure

TT assumes no responsibility for offers and services of third-party providers and no responsibility for damages resulting from circumstances beyond TT’s control, such as force majeure, natural events, clisasters, program changes due to non-compliance with schedules by railway, bus, or shipping companies or other third-party proviclers, etc. The customer undertakes fo claim any damages directly from the third-party provider.

9.3. Customer’s Responsibility

All activities for which TT acts as an agent and which are carried out by third-party providers or organized and/or carried out by the customer themselves are at the customer’s risk and responsibility. TT is not responsible for the consequences of any accidents. TT expects a high degree of personal responsibility from each customer. Customers only participate in activities compatible with their physical condition, particularly their health and physical efficiency. Customers are particularly responsible for appropriate equipment (clothing, footwear, sunscreen, etc.).

10. Claim Deadline

Customer claims against TT due fo non-fulfillment or non- compliance with the contract must be made immediately to the driver. If no effective action is taken, if corrective action is not possible or insufficient, the driver must be asked fo confirm in writing the alleged defects or damages and the lack of corrective action. However, the driver has no authority to acknowledge any claims for damages or similar. If you wish to make claims against TT for defects, refunds, or compensation, you must submit a written complaint within 10 days of the agreed end of the trip. The complaint must be accompanied by the confirmation of the tour guide, the driver/tour guide, and any evidence. If you do not make your claims within 10 days of the agreed end of the trip, you will lose all claims and rights unless the customer proves that it was impossible to comply with this deadline.

11. Data Protection

Customers agree that their data, in particular name, address, phone number, date of birth, nationality, gender, and credit card details, may be collected by TT for the execution of certain tours according to the contract. Such data may be transmitted to third-party providers.

12. Changes to these GIC

TT may change these GIC at any time. These changes are legally binding upon notification fo the customer or publication on https:/www.ticinotours.com.

13. Severability Clause

If any provision of these GTC is deemed or becomes invalid, void, or otherwise unenforceable, the validity of the remaining provisions will not be affected. In case of unenforceability of a provision, such provision will be replaced by an enforceable provision that reflects as closely as possible the intention and purpose of the invalid provision. The same procedure applies in case of a gap in these GTC.

14. Applicable Law and Jurisdiction

The legal relationships between the customer and TT are governed by Swiss law (excluding conflict of laws rules). The Italian version of the GTC is authoritative in case of legal actions. For claims against TT, the legal venue is the Pretura of Vallemaggia.

June 2024