General Terms and Conditions of Use

This document outlines the general terms and conditions of use for the services offered by “GIMBUS”, a registered trademark owned by Urban Emotions S.r.l. (“Urban Emotions”), Tax/VAT ID 04214870133, with registered office in Como, Via Campagna, 11, available on its website www.gimbus.it and the digital platform Fareharbour.com.

PLEASE READ CAREFULLY

Dear user, before browsing the website or making a reservation, we invite you to carefully read these General Terms and Conditions, which govern the use of the services offered through the site.

Access to, navigation on, and use of the site constitute express acceptance of these contractual terms and conditions, and imply a binding obligation for each user to comply with them.

The Privacy Policy, available at: https://www.gimbus.it/it/privacy-policy/, is to be considered an integral and incorporated part of these General Terms and Conditions of Use.

Access to and use of the website is entirely voluntary and implies the user’s responsibility to comply with and be legally bound by these Terms and the Privacy Policy.

Urban Emotions reserves the right to modify the content of these General Terms and Conditions of Use at any time and without prior notice. Therefore, it is the user’s responsibility to review the Terms at each access to the website.

1. Definition of the Service

1.1 Urban Emotions, Tax/VAT ID 04214870133, with registered office in Como, Via Campagna 11, operates as a tour operator, primarily organizing packages of recreational tourist experiences using its own electric vehicles, referred to as “tourist shuttles”, supported by a range of complementary services such as, but not limited to: multilingual staff assistance, multilingual audio guides, professional tour guides, boat tours, etc.

In addition to the aforementioned mobility services, Urban Emotions also offers classic ancillary travel services, including but not limited to: boat tours, travel planning, excursions, hostess and meet & greet services, and event planning and coordination.

A “tourist package” is defined as a “combination of at least two different types of travel services for the purpose of the same trip or vacation,” if at least one of the following conditions is met:

a) The services are combined by a single professional, even at the traveler’s request or based on their selection, before a single contract is concluded for all services;

b) The services, even if subject to separate contracts with individual service providers, are:

b.1) purchased at a single point of sale and selected before the traveler agrees to pay;

b.2) offered, sold, or billed at an all-inclusive or total price;

b.3) advertised or sold under the term “package” or a similar designation;

b.4) combined after the conclusion of a contract that allows the traveler to choose from a selection of different travel services, or purchased through linked online booking processes in which the traveler’s name, payment details, and email address are transmitted by the first professional with whom a contract is concluded to one or more other professionals, and a contract with the latter(s) is concluded no later than 24 hours after the booking confirmation of the first travel service.

1.2 These services are provided upon request by users, who may be private individuals (“Private Clients”) or employees and/or representatives of companies or hospitality businesses (“Business Clients”) (collectively referred to as the “Client” or “Clients”), and are not provided on a regular or continuous basis. The services are available only on predetermined routes and schedules, and exclusively by prior reservation.

2. Types of Services

The services offered by Urban Emotions are listed in the “TOUR” section of the website www.gimbus.it, and are in any case categorized as follows:

• Shared Tours: these consist of transporting the Client along a predefined route, with a fixed departure time and duration. The Client purchases one or more seats on board a vehicle.
• Private Vehicle Tours: these consist of transporting the Client along a predefined route, with a fixed departure time and duration. The Client books the entire vehicle for their exclusive use.
• Private VIP Vehicle Tours: these also follow a predefined route but are characterized by flexible service start times. They may also include the presence of a professional tour guide on board.

3. External Collaborators

Urban Emotions may collaborate with external partners, who are committed to operating according to the same standards of quality and efficiency, and may rely on them for the delivery of services when deemed appropriate.

Urban Emotions ensures that its collaborators perform the entrusted services in compliance with all applicable laws, regulations, and safety protocols. The companies collaborating with Urban Emotions are solely and directly responsible for the services they provide.

4. Service Booking

Service booking requests can be made by Clients in the following ways:

• Through the website www.gimbus.it;
• By phone, via the dedicated booking center — however, a follow-up request via email is required. A phone booking is confirmed by an email containing the Client’s details and a description of the booked service, sent to the email address provided by the Client.

Urban Emotions confirms the booking via email and assumes no responsibility for bookings made using other methods.

The booking confirmation must be retained and includes a confirmation code that must be shown to the driver. The service will be provided according to the methods, times, and locations stated in the confirmation document, which the Client acknowledges as full proof between the parties with respect to the execution of the service, as agreed.

The Client is required to verify the accuracy of the information contained in the confirmation and promptly report any discrepancies.

• Vehicle availability is guaranteed only if the booking request is automatically and digitally confirmed via email when made through the website.
• For bookings made via email or telephone, availability is guaranteed only upon receipt of a confirmation email.

Availability cannot be guaranteed in the event of: football matches, public events, trade fairs, international congresses, major private or institutional events, public holidays, natural events, and force majeure. Urban Emotions undertakes to promptly inform the Client if the booking was unsuccessful.

At the time of booking, the Client must provide the following information:

• The type of service requested;
• The departure time of the service;
• The total number of passengers;
• Whether children requiring child seats or other safety systems (as per the Highway Code) will be on board;
• Whether there are passengers with special assistance needs, such as the use of crutches or other mobility aids;
• In case of departures from locations such as hotels, the room number must be specified

1. Rates are subject to continuous changes depending on factors such as the time of day, day of the week, how far in advance the booking is made, and vehicle availability.
2. Rates include: fuel, assistance service, and audio guides where provided.
3. Fees for booked services not used due to the Client’s fault are non-refundable.

7. Payment Methods

Payments must be made using the following methods:

• The Client may pay Urban Emotions for services by credit card directly via the platform www.fareharbour.com.
• Business Clients may also pay by bank transfer, following the issuance of an invoice by Urban Emotions to the relevant company or hospitality structure.
• Alternatively, and only for “last-minute” bookings, the passenger (whether a Private Client or a collaborator/employee/guest of a Business Client) may pay the service directly to the driver, but only by credit card. In this case, Urban Emotions will issue a fiscal receipt.
• The Client may also purchase the service directly at our booking office located at Via Fratelli Cairoli 21, 22100 Como, during regular office opening hours.

8. Service Modifications

1. Modifications to already confirmed bookings may be requested and are subject to availability and may result in a price change.
2. All modifications are considered accepted only if confirmed in writing, together with any applicable new rate.
3. If the requested modification cannot be accommodated, the service will be confirmed as originally booked.
4. Any extension of the service and/or request for additional services beyond those originally booked will be subject to the driver’s availability, and Urban Emotions declines any responsibility for agreements made directly with the driver.

9. Vehicle Requirements

1. 1. Urban Emotions is committed to offering a high-quality service, using safe vehicles equipped with all comforts and driven by professional drivers.
   2. The company also undertakes to use recently registered vehicles, fully insured, and compliant with circulation permits valid in Italy and the European Economic Area.

• Passenger transport is fully covered by valid insurance.

10. Luggage Transport

1. Each passenger may carry one piece of hand luggage.
2. The driver may refuse to load undeclared bulky items onto the vehicle if they believe these may compromise travel safety.
3. Luggage may not be transported inside the passenger compartment, as per the Highway Code.
4. Passengers’ belongings are transported under the sole responsibility of the passenger, who declares ownership at the time of boarding.
5. Urban Emotions and the driver are not liable for theft, damage, or loss of luggage.

11. Client Behavior During the Service

Service users are prohibited from:

1. Smoking during transport;
2. Throwing objects from the vehicle, whether stationary or moving;
3. Soiling, littering, or damaging the vehicle;
4. Eating and/or consuming alcoholic beverages;
5. Demanding transport of pets;
6. Demanding the service be carried out in violation of safety rules and conduct as required by the applicable Italian Highway Code.

12. Cancellation Terms

The Client may cancel the booking via the link provided in the confirmation email, within the timeframe indicated below, unless otherwise agreed:

1. No penalty applies for cancellations made up to 48 hours before the scheduled service.
2. Within 47 hours, the full amount of the service will be charged, unless otherwise agreed.
3. If the Client does not show up within 5 minutes of the scheduled departure time, they forfeit the right to the service and must still pay the full amount, including any applicable surcharges for waiting time.
4. Urban Emotions reserves the right to cancel the ticket at any time and under any circumstances, including but not limited to force majeure, adverse weather conditions, technical issues, or operational needs. In such cases, the Client will be entitled to a full refund of the amount paid. No further compensation or reimbursement will be due.

For services and bookings related to events or special occasions, cancellation terms will be regulated by specific agreements via email or formal contract.

13. Liability and Limitation of Damage Compensation

1. Urban Emotions may use external vehicles and collaborators. Each collaborator is certified by Urban Emotions and authorized to provide the service.
2. Urban Emotions will make reasonable efforts to ensure vehicles arrive on time for departure and arrival, but it is not liable for delays caused by force majeure.
3. Any costs, losses, or damages caused to the Client and attributable to Urban Emotions, except in cases of fraud or gross negligence, will be refunded only up to the value of the booked service.
4. If Urban Emotions is unable to provide the transport for the booked and paid experience, it will refund the Client the amount paid, up to the agreed service fee.

14. Insurance

1. The company is insured to cover risks related to transport for which it is liable under applicable laws and these Terms.
2. The company shall not be held liable for damages to persons or property exceeding the insurance policy limits.
3. The company shall not be liable for the loss and/or damage of the Client’s belongings caused by unforeseen circumstances, force majeure, the nature and/or inherent defects of the goods, the Client’s own actions, or inaccuracy or omission of information provided by the Client.
4. In any case, the Client shall hold the Company harmless from any claims that may be made in the future by their own insurance companies for any reason or title.

Urban Emotions will ensure that all suppliers and subcontractors have adequate insurance coverage to perform the service in compliance with applicable legal regulations.

15. Complaints and Lost Property

1. Any complaints related to the services provided must be submitted in writing and sent to Urban Emotions via registered mail or certified email (PEC) no later than 8 days after the service, under penalty of forfeiture. In any case, no complaint concerning the quality of the services may be pursued, even as a defense in court, unless the service has been duly paid.
2. In case of forgotten personal items in the vehicles, the passenger or Client may send an email to info@urbanemotions.it reporting the lost item. The Client will bear any transport or delivery costs for its return.
3. Non-perishable items are kept for 2 months before being donated to charity. Perishable items will be discarded upon expiration.

16. Interpretation

If any provision of this agreement is found to be wholly or partially invalid or unenforceable, such provision shall be deemed not to form part of the contract, and the remaining provisions shall remain valid and enforceable.

17. Governing Law and Jurisdiction

1. The provision of services governed by this contract is subject to Italian law.
2. In the event of any discrepancy between the Italian version of this contract and any translated version, the Italian version shall prevail.
3. For all disputes regarding the interpretation, validity, or execution of this contract or any of its clauses, the Court of Como shall have exclusive jurisdiction.

18. Privacy

1. Urban Emotions commits to handling personal data in accordance with current data protection regulations, taking the necessary measures to ensure compliance with the GDPR and all EU and EEA regulations on data security.
2. When services under Art. 2 of these General Terms and Conditions are purchased by a Private or Business Client, Urban Emotions acts as Data Controller under EU Regulation 2016/679 (GDPR) and processes personal data as outlined in the Privacy Policy.
3. In addition, when services are purchased by a Business Client, both Urban Emotions and the Business Client act as independent Data Controllers with respect to the personal data of users (employees, collaborators, or guests) using the Urban Emotions service. The Business Client is responsible for providing appropriate privacy disclosures to these individuals.

Final Clause (Articles 1341–1342 of the Italian Civil Code)

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, after reading each clause and reviewing the entire contract, the Client expressly approves the following clauses:
4) Service Booking; 6) Pricing; 8) Service Modifications; 10) Luggage Transport; 12) Cancellation Terms; 13) Liability and Limitation of Damage Compensation; 14) Insurance; 15) Complaints; 16) Interpretation; 17) Governing Law and Jurisdiction.