Introduction The Immersive S.r.l. (limited liability) company, with legal headquarters in via Corigliano Calabro 60, 00178, Rome, Italy (hereinafter to be referred to as “Immersive”) provides the website evolved-guide.com with a booking service of local, authorized tourist guides, for private individuals or agencies. The use of this website by all users (private individuals and agencies) and agents (guides) is subject to the following terms and conditions of use, which are legally binding agreements. By accessing and using this website, you explicitly agree to be bound by these terms and any policy and guideline, which are here included as reference.

Definitions “Terms and conditions of use” refer to terms and conditions which rule the use of this website by users and agents. They are legally binding. “Immersive” is the company, owner of the website: Immersive S.r.l., Via Corigliano Calabro 60, 00178, Rome, Italy. “Evolved Guide” is the platform in question. “Services” refers to any function, application, information and anything else that is accessible on this website by users (private individuals and agencies) and agents (guides). “Users” refers to any person who access to and/or uses the platform. Users are divided in “private individuals” and “agencies” and are subject to same rules and procedures even though the services offered can change. “Guide” refers to anybody accessing or using the platform to offer his/her own certified, professional guiding services or with the sole intention of offering such service. “Platform” or “Website” refer to the pages hosted on the domain evolved-guide.com, owned and managed by Immersive S.r.l. “Material” refers to any piece of information available on the website, such as data, pictures, informative content, video clips.

Data use and property rights

Treatment of personal data The manager of the treatment of the personal data on the platform is Evolved Guide, represented by the Immersive S.r.l. company. Please review our privacy policy  for more detailed information even related to the use of cookies.

Intellectual property rights Unless differently specified, the platform and all the material are exclusive property of Immersive. Salvo Therefore, any unauthorized use outside the website is forbidden.

Safety of online payments For transaction payment, the Evolved Guide uses PayPal. Therefore, the solutions adopted by PayPal itself, which guarantee the protection of all data of the transaction, are used.

Advertising and promotion Evolved Guide is free to host advertising and promotion of third parties on its website, All the materials and contracts, associated to those transactions, concern exclusively Evolved Guide and the person supplying the service. Evolved Guide is not responsible for any possible losses or damages, of any kind, experienced because of the above mentioned relations.

Content posted by users and tourist guides on Evolved Guide The platform hosts contents directly posted by the guides (such as tours and information on their personal profiles) and the users (reviews and comments of the tours and data of their personal profiles These information can be: public (as tours descriptions or reviews of the guides); partially private (as the telephone number of the guides, which does not appear on the website, but is sent to the users who book a tour or to the provider of headsets); and completely private (as the information uploaded by guides and users and used for managerial reasons).

In any case, the responsibility of the inserted data is on those who have inserted them. In these regard, here are the laws concerning this issue.

The user and guides who publish contents and/or exchange contents on this platform are obliged to: – insert exclusively truthful and accurate information and guarantee the necessary update to keep them this way; – do not insert material protected by intellectual property rights of third parties. – insert original texts and guarantee that they are not reproduced on any other online space. – do not insert offensive, immoral texts or which are contrary to the law and accepted principles of morality.

Publishing contents on the platform or transmitting information through it, implies the automatic acceptance by the user and the guide: – of automatically allowing Evolved Guide, within the boundaries of the law, to reproduce, visualize, edit and distribute these materials on any mean; including, but not limited to, marketing and promotion activities. – of renouncing to any privacy right concerning the information inserted in the areas of the website, which are accessible and can be visualized by anyone. – of the fact that the material published or transmitted can be disclosed by Evolved Guide for legal procedures or governmental requests, applicable in compliance with the law. – of Evolved Guide having the power to control, edit and delete the inserted material, entirely or partially.

Furthermore Evolved Guide – is not responsible, in any way, of the content inserted by the users. – reserves the right to remove any content and delete and not accept of the profile of a user or guide, if it does not respect these guidelines or if it is suspected of not respecting them.

If you believe that the material published by us or by a user infringes a copyright or offends you, please contact us: by doing so, you will enable us to take measures.

Relationship with the user

Services offered Evolved Guide offers a platform of sightseeing tours managed by certified, professional tourist guides. Private individuals have the chance of seeing and booking both private tours and open tours. Private tours provide a guide at the user’s disposal (regardless of how many people make us of it). For any type of destination a guide can customize completely his/her offer. Therefore, there can be as many tour as the number of guides participating. The user can select a tour, on the basis of multiple factors: date, price, language, sites included, duration and extra services. Open or semi-private (up to 12 people) tours are organized Evolved Guide for private individuals. It is possible to choose an offer and join in individually. Every open tour is held in English.

Private tours for agencies have different prices and services compared with the ones for private individuals. The agency can ask for an extra time of the tour, in accordance with the number of participants and set a meeting spot.

The total cost of the tour is calculated automatically by the system during the booking phase and, in addition to the base price, it takes into account any additional person that exceeds the maximum number indicated by the guide (there are charges for any additional participant). It also takes into account any extra time (the fee is calculated as a percentage of the total amount).

Additional services On the platform, it is possible to book headsets for the tour. They will be provided by a third party company and their cost will be added to the cost of the tour during the booking phase. It is calculated depending on the number of participants, with a minimum fixed fee of 26 € up to 13 people. Each headset will be charged 2 euro in case of numerous groups. The guide for every type of tour indicates the minimum number of people for which headsets are suggested. Evolved Guide is not responsible for non delivery or malfunction of the headsets. Headsets are not included for tours of the Vatican since in the museums are only allowed the ones rented inside.

Excluded services Booking does not include admissions to sites, monuments and museums. Users are bound to provide themselves with the purchase of the ticket and the booking. We suggest you to always refer to official websites. The tickets info page  is at the users’ disposal with the basic information about the main destinations of the tours. Evolved Guide is not responsible in case the tour is not carried out due to non purchase of the tickets.

Evaluation of the guide At the end of the tour, the users will be invited via email or other channels to fill in an evaluation of the guide. The user is responsible for the fairness and truthfulness of the opinion expressed. Reviews cannot contain any kind of verbal abuses, including notes about race, religion, sexual and political orientation. Evolved Guide reserves the right to delete the reviews considered not appropriate without providing no communication or explanation.

Payment methods. Evolved Guide enables payment through the PayPal system, therefore through an internal account of the system or any credit card integrated in it. Tours are entirely paid when booked. The price paid is completely refunded only if the tour is not is carried out in case the guide renounces or does not show up.

Order confirmation The order is confirmed only after Paypal confirms the payment to the platform. The confirmation is real time, unless problems occur. The user receives the first confirmation message on the screen and an email with the booking voucher attached and all the information of the tour, including the guide’s contacts. The voucher must be shown to the guide (in paper or digital format) at the meeting point, on pain of not being able to take part in the tour.

If the user completes the booking process of the tour, but does not make payment, the system keeps it in memory for a maximum of 20 minutes. If, once that period of time as passes, he/she does not make payment the system deletes the booking and the user will have to verify again if the tour and the chosen guide are available.

Cancellation policy The user has the right to cancel the tour, directly from his/her private area-reservations. He/she will receive a refund of 70% of the total cost of the reservation if the cancellation is processed up to 5 days prior the departure. On the contrary, the refund will be of 30% for cancellations made from 5 to 3 days prior departure. For cancellations made 3 days prior departure, there is no refund. The refund of the tour will be made within a week from the cancellation, by the payment method used by the user.

Disclaimer Evolved Guide does not take the responsibility for any delay or deficiency caused by events beyond its own control, such as for example in case of extraordinary closing of museums, strikes, unfavourable weather conditions, client’s delay or his/her non-presence at meeting place.

Wrong use of the website Evolved Guide reserves the right to delete, at its own incontestable decision, the user profile that does not comply with the present Terms and Conditions and for other types of actual or suspected wrong use of the website.

Relationships with the guides

Services offered to the guides Evolved Guide offers to certified, professional guides the possibility of: – participate to the tours they prefer and customize them with their own choice of sites to visit, duration, price, front-end fare discounts and departure time. – participate to open tours, by accepting the remuneration and time decided by Evolved Guide. – work together agencies, guaranteeing a greater flexibility (concerning duration and number of people) for tours already customized, at a reserved price compared with market conditions. – participate to last minute and last second offers with the possibility of introducing an extra discount.

Calendar Evolved Guide guarantees to guides a practical management of their engagements by the means of a calendar. With this tool, to be used through the platform, the guide communicates his/her availability for the tours. The guide must block, on the calendar, days and times when he/she is not available to carry out tours for Evolved Guide.

The system enables the guide to block single days and times, repeated and in any moment and date, except for those he/she appears to be already booked. Furthermore, it is possible to connect the platform’s calendar with the one usually used by the guide, to visualize the reservations received by the system.

The guide is entirely responsible of the management of the calendar.

Last minute and last second By supporting the last minute option for a tour, the guide commits his/herself to be available to carry out that precise tour with advance notice ranging from 30 to 72 hours prior the start of the tour, except for the dated previously blocked on the calendar.

The adhesion the last second option for a tour obliges the guide to be available to carry out that precise tour (and be present at the meeting place) with an advance notice of minimum 2 hours prior the start of the tour, except for the dated previously blocked on the calendar.

Review system Our service enables the users to provide a review of the guide who carried out the tour. Evolved Guide enables the guide to send only one answer to the author of a review. Users are invited via email to fill in a review and are directly responsible for the accuracy and truthfulness of the appraisal. The review cannot contain verbal abuses of any kind, including notes about race, religion, sexual and political orientation. Evolved Guide reserves the right to delete the reviews considered not appropriate without providing no communication or explanation. The guides have the authority to report any abuses or malpractices to Evolved Guide.

Price policy Prices and discounts of private tours are set directly by the guides, who have the right to change them whenever they want. Evolved Guide charges 20% of the total price of every tour (excluding headsets). This commission must be considered by the guide when deciding the price for the tour.

Evolved Guide reserves the right to set the price per person of open tours and to freely modify it.

Order confirmation The order is confirmed only after Paypal confirms the payment of the client to the platform. The confirmation is real time, unless problems occur. The guide riceives a SMS and an email with the booking voucher attached and all the information of the tour, including the client’s contacts also the earphones supplier’s contacts, where included.

Payments Evolved Guide is in charge of collecting the users’ payments of the tours and of lodging due the remunerations to the guides every month (the total cost of the tour after the 20% commission).For the guides that provide occasional professional services, Immersive Srl undertakes, in accordance with the law, to pay the witholding tax and to send to the guide the documentation for the corresponding tax year The last day of the month, the system automatically elaborates a report (in the form of electronic invoice) of the tour carried out and sends an email to the guide to inform him/her about the availability in the personal account section. The guide has up to the 5th day of the succeeding month to inform Evolve Guide of any objections (it is sufficient to send an email to accounting@evolved-guide.com). If in those 5 days we do not receive objections, the system proceeds with the payment of the total monthly remuneration, exclusive of Evolved Guide’s commission, directly on the guide’s account.

The guide can choose the payment methods between bank transfer and Paypal.

Cancellation policy If it is impossible for the guide to conduct the tour, he/she has the power to choose to be replaced by another guide with the same characteristics and experience. In case of cancellation the guide can confirm it directly from his/her private area-reservations. If the guide does not show up before the departure, the user must be repaid in full and Evolved Guide reserves the right to evaluate each case to take any measures if necessary.

Once Evolved Guide has received the automatic cancellation of the tour by the user, it will take care of the cancellation of the booking. If the cancellation is made within 48 hours prior departure, no remuneration will be paid to the guide. Instead, if it is made later than 48 hours the total cost of the tour, excluded the managing commission, will be credited.

Responsibility of the guide The guide is responsible: – for the content added by him/her and for their corrispondence to the carrying out of the tour. – for the dates of availability and the adhesion to services such as last-minute and last-second. – for the good carrying out of the tour (accuracy, punctuality, adhesion to the programme…)

Unfair competition is banned It is forbidden to the guides to provide on their worn or outside our platform, identical services to the ones offered/present on the EG platform to users known on our website If the users at the end of a tour ask to the guide to conduct them on other itineraries, the guide is asked to invite the user to book him/her (if available) through the platform.

Wrong use of the website Evolved Guide reserves the right to refuse or cancel, without providing no communication or explanation, the subscription of a guide to its services due to wrong use of the website or to suspected wrong use or wrong behaviour which could put the platform in bad light.

Responsibility of Evolved Guide and Immersive S.r.l.

 

Evolved Guide commits itself to maintain the efficiency of the service offered. If EG is obliged to interrupt the services due to exceptional events or maintenance, it will try to reintroduce the services as soon as possible, dealing with the duration of the interruption and/or malfunctioning.

Evolved Guide will provide the user and the guide with all the technical information to access the service.

Evolved Guide is not responsible, in any case, of any malfunctioning or problems caused by: – failures, overcharges and interruptions, even if temporary, by telephone, electric operating, national and global. – services external to its servers, not expressly covered by the contract and managed by third parties (registration on search engines, online payment systems with bank or other bank institutes, etc.). – force majeure and/or cyber attacks. – personal injuries or property damages caused by the guide subscribed to the website. – errors, oversights or incorrectness of the content uploaded by the guide.

As provided by the premises of the present article, Evolved Guide will not cover the reimbursement neither partial nor total of the purchased tours.

Final dispositions

Alterations of terms and conditions Evolved Guide reserves the right of changing or alter the terms and conditions and any policy of guideline of the website, in any moment and at its own exclusive discretion, without prior notice. Unless otherwise specified, any change or alteration will be operative immediately after the publication of the review of the website. By continuously using the platform, the user accepts those changes or alterations.

Place of jurisdiction Any legal action between the user or the guide and Evolved Guide concerning the contract, the registration and the use of the platform, will be subject to the exclusive jurisdiction of the Italian judiciary, with Rome as exclusive place of jurisdiction.

Last review of Terms and Conditions: 7/07/2022