GENERAL CONDITIONS OF CONTRACT OF SALE OF TOURIST PACKAGES
HMO di Panella Livia, Via G. Toniolo 6, 58100 Grosseto- Tour operator-Travel agency (hereinafter referred to as organizer)
VAT no. 01691420531, Registered in the business register of the Chamber of Commerce of Grosseto, REA registration no.: GR-218585
Liability insurance: UnipolSai n.1886/319/177004899
Guarantee Fund: Assoviaggi Travel Guarantee cert. no. A/105.4945/6/2021/R
OBJECT OF THE CONTRACT
1.1 These general terms and conditions regulate the sale of tourist packages between the Travel Organizer and the tourist, who expressly declares that he/she is making the purchase for purposes outside the scope of his/her commercial, industrial, handicraft or professional activity (hereinafter referred to as “Customer”).
REGULATORY SOURCES
2.1 The sale of tourist packages, having as their object services to be provided in both national and international territory, is regulated:
(a) Chapter I, Title VI (Articles 32 – 51 as amended) of Legislative Decree No. 79/2011 (hereinafter referred to as the “Tourism Code”);
b) Law No. 1084/1977, ratifying and executing the International Convention on the Travel Contract (CCV) of April 23, 1970, pursuant to Article 3, co. 2 of the Tourism Code and only to the extent applicable.
NOTION OF TOURIST PACKAGE
3.1. Pursuant to Article 34 of the Tourism Code, tourist packages refer to travel, vacations, all-inclusive circuits, tourist cruises, resulting from the combination of at least two of the following elements, sold or offered for sale at a lump sum price:
(a) transportation;
(b) accommodation;
(c) tourist services not ancillary to transport or accommodation referred to in Article 36 of the Tourism Code, which constitute, for the satisfaction of the tourist’s recreational needs, a significant part of the tourist package.
DEFINITIONS
4.1. For the purposes of these general conditions, the following are defined as:
(a) “travel organizer”: the person who undertakes, in his own name and for a lump sum consideration, to procure tourist packages for third parties, realizing the combination of the elements referred to in Article 3 above, or offering the tourist, including through a system of distance communication, the possibility of independently realizing and purchasing such combination;
b) “intermediary” means the person who, including non-professional and non-profit, sells, or undertakes to procure to third parties tourist packages made pursuant to Article 3 above for a flat fee or individual unbundled tourist services;
(c) “tourist” means the purchaser, the transferee of a tourist package or any person also to be named, provided that he or she meets all the conditions required for the use of the service, on whose behalf the principal contractor undertakes to purchase a tourist package without remuneration.
INFORMATION OBLIGATIONS AND DATA SHEET
5.1. The Organizer is obliged to make in the catalog or in the non-catalog program a data sheet containing the following elements:
(a) Organization:
HMO di Panella Livia, Via G. Toniolo 6, 58100 Grosseto- Tour operator-Travel agency
VAT no. 01691420531, Registered in the business register of the Chamber of Commerce of Grosseto, REA registration no.: GR-218585
b) SUAP authorization of the municipality of Grosseto n04062021-1413
c) Liability insurance policy No. 1886/319/177004899 taken out with UnipolSai Assicurazioni S.p.A. insurance.
d) The catalog or out-of-catalog program is valid for the period indicated.
e) The parameters and criteria for adjusting the price of the trip are indicated in Article 8 of these general conditions.
f) The terms and conditions of replacement of the Client are regulated in Article 12 of these general conditions.
g) The company brings to the attention of the interested parties that certain processing of personal data carried out during the performance of contractual obligations may be shared in accordance with Article 26 of the GDPR. Where two or more data controllers jointly determine the purposes and means of processing, they are joint data controllers. They shall determine in a transparent manner, by means of an internal agreement, their respective responsibilities for compliance with their obligations under this Regulation, with particular regard to the exercise of the data subject’s rights. The essential content of the agreement shall be made available to the data subject on the website.
5.2. At the time of conclusion of the contract, the Organizer will inform passengers about the identity of the actual carrier(s), subject to the provisions of Article 11 of EC Regulation No. 2111/2005 and its/their possible inclusion in the so-called “black list” provided by the same Regulation.
RESERVATIONS AND CONTRACT CONCLUSION
6.1. The reservation application must be made on the appropriate contract form, if applicable electronic, completed in its entirety and signed by the Client, who will receive a copy. Acceptance of the reservation shall be deemed finalized, resulting in the conclusion of the contract, only when the Organizer sends relative confirmation to the Client, including by means of an electronic system.
6.2. The booking confirmation contains the following elements: names of groups or customers, date of arrival and departure, number and type of rooms booked, description of package services, as well as content and type of services booked, description of accommodation, prices, supplements and reductions.
6.3. The Client accepts these travel conditions and acknowledges them as binding also on behalf of the named participants.
6.4. Prior to departure, the Organizer will provide the Customer with information about the tourist package not contained in the contractual documents, brochures or other means of written communication, as provided for in Article 37, paragraph 2 of the Tourism Code.
6.5. Pursuant to Article 32, paragraph 2 of the Tourism Code, in the case of contracts concluded at a distance or off-premises, the Organizer reserves the right to notify the Customer in writing of the non-existence of the right of withdrawal provided for in Articles 64 et seq. of the Consumer Code (Legislative Decree 206/2005).
6.6. All prices are in Euros or in the currency indicated and include the statutory value added tax. Ancillary agreements and changes to the concluded travel contract, require confirmation in writing from the Organizer.
6.7 For the purposes of these general terms and conditions, relevant notices shall be sent to the Customer at the address indicated by the Customer at the time of booking. Such communications shall be deemed to be known to the Customer if they are sent correctly to the above e-mail address.
PAYMENTS
7.1. After the conclusion of the contract, the Client shall pay as a deposit 30 (thirty) percent of the total price of the trip. The effects referred to in Article 1385 of the Italian Civil Code shall not be produced, if the Customer’s withdrawal is due to a supervening cause not attributable to the Customer, where the withdrawal is justified by serious non-performance of the other contractual party, or if the Organizer fails to fulfill the contract due to force majeure or failure to reach the minimum number of participants.
7.2. The balance corresponding to 70 (seventy) percent of the price of the trip, shall be paid, without further reminder of payment, at the latest within the period of 30 (thirty) days before the start of the trip or for boat trips within 50 (fifty) days before the start of the trip. In the case of reservations made within 30 (thirty) days prior to the start of the trip, the price must be paid immediately in one lump sum.
7.3. Payments must be made by credit card through our website or by bank transfer in the name of Livia Panella IBAN: IT61I0329601601000067351712 BIC: FIBKITMM
7.4. Upon completion of the bank transfer, the Client is requested to send a copy of the proof of payment in pdf format via e-mail (office@hmoviaggi.it). Any costs arising from the bank transfer shall be borne by the Customer.
7.5. Upon successful payment of the total amount, the necessary travel documents will be sent to the Client by e-mail no later than 2 (two) weeks before the start of the trip.
7.6. Any change in the reservation at the request of the Client occurring after the confirmation of the reservation shall be charged an administrative fee of € 50.00.
7.7. In the event of a breach of the aforementioned terms of payment and/or communication – where this is not attributable to force majeure – the Organizer has the right to terminate this contract immediately and without notice pursuant to Article 1456 of the Civil Code by simple written notice, without prejudice in any case to the right to compensation for damages.
PRICE
8.1. The price of the tourist package is determined in the contract, with reference to what is indicated on the site, in the catalog or in the program out of the catalog and any updates of the same catalogs or programs out of the catalog subsequently occurred. It may be revised up to 20 (twenty) days before departure and only as a result of:
(a) change in the cost of transportation, including the cost of fuel;
(b) change in fees and taxes on certain types of tourist services such as landing, disembarkation or embarkation fees at ports or airports;
(c) change in the exchange rate applied to the package in question.
8.2. For such variations, reference shall be made to the exchange rate and costs referred to above in force on the date of publication of the program as stated therein in the catalog or on the date stated in any updates referred to above.
8.3. The upward revision may in no case be more than 8 (eight) percent of the price in its original amount.
8.4. When the price increase exceeds 8 (eight) percent, the Customer may withdraw from the contract, subject to a refund of the amounts already paid to the Organizer.
CHANGES IN THE TOUR PACKAGE BEFORE DEPARTURE
9.1. If the Organizer needs to significantly change one or more elements of the contract prior to departure, it shall immediately notify the Customer in writing, indicating the type of change and the resulting change in price, pursuant to Article 8.
9.2. If the Client does not accept such proposed change, he/she may withdraw, without payment of penalty, and shall be entitled to the provisions of Article 42 of the Tourism Code.
9.3. The Customer must notify the Organizer of its choice within 2 (two) working days from the time it received the notice regarding the change. Failure to notify within the aforementioned time limit shall be deemed to have accepted the change.
CHANGES TO THE TOURIST PACKAGE AFTER DEPARTURE
10.1. When an essential part of the services stipulated in the contract cannot be carried out after departure, the Organizer shall prepare suitable alternative solutions for the continuation of the planned trip not involving any kind of burden on the Client, or shall reimburse the Client to the extent of the difference between the services originally planned and those carried out.
10.2. If no alternative solution is possible or the Customer does not accept it for a justified reason, the Organizer shall provide the Customer with an equivalent means of transportation to return to the place of departure or other agreed place, and shall refund the Customer the difference between the cost of the services planned and the cost of the services performed up to the time of the early return.
RIGHTS OF THE CUSTOMER IN CASE OF WITHDRAWAL OR CANCELLATION OF THE TOURIST PACKAGE
11.1. When the Client withdraws from the contract in the cases provided for in Articles 8 and 9 above, or the tourist package is cancelled before departure for any reason other than the Client’s fault, the Client shall be entitled, pursuant to Article 42 of the Tourism Code, alternatively:
(a) to enjoy another tour package of equivalent or higher quality without a surcharge or a tour package of lower quality, subject to refund of the difference in price;
b) to the refund of the amount of money already paid, within 14 (fourteen) working days from the time of withdrawal or cancellation.
11.2. TO THE CUSTOMER WHO WITHDRAWS FROM THE CONTRACT
The Customer who withdraws from the contract outside the assumptions set forth in the preceding paragraph will be charged a penalty quantified as follows:
(a) Withdrawal up to 30 days before the start of the trip: 30% on the total trip price plus any non-refundable costs incurred (such as museum tickets and other service charges);
b) Withdrawal from 29 to 20 days before the start of the trip: 50% on the total trip price;
c) Withdrawal from 19 to 8 days before the start of the trip: 90% on the total travel price;
d) Withdrawal from 7 days before the start of the trip or due to interruption of the trip taken: 100% on the total travel price.
11.3 IN CASE OF CLIENT’S WITHDRAWAL FROM BOAT TRIPS.
In case of Client’s withdrawal from boat trips, a cancellation fee will be charged in the amount indicated below:
Withdrawal up to 50 days before the start of the trip: 30% on the total trip price plus any non-refundable costs incurred (such as museum tickets and other service charges);
Withdrawal from 49 to 40 days before the start of the trip: 50% on the total trip price;
Withdrawal 39 to 30 days before the start of travel: 60% on the total travel price;
Withdrawal from 29 to 20 days before the start of travel: 80% on the total travel price;
Cancellation from 19 days before the start of the trip or due to interruption of the trip taken: 100% on the total travel price.
Cancellations must be requested by e-mail.
TERMINATION OF THE CONTRACT – CONTRACTUAL CHANGES AT THE REQUEST OF THE CUSTOMER
12.1. The Client may substitute a third party for itself in the relations arising from the contract, where:
(a) such third party meets all the conditions for the use of the service;
b) the Client notifies the Organizer or the intermediary in writing, no later than 7 days before departure, that he/she is unable to take advantage of the tourist package and the particulars of the third party.
12.2. The Client and the third party are jointly and severally obligated to pay the price and any additional expenses arising from the assignment.
12.3. Any requests by the Client to change the tourist contract (including in the form of changing the reservation for another date, period, substitution of the Client, etc.) – are not binding on the Organizer – are allowed up to 28 days before the departure of the tour and a fee of Euro 50.00 is charged for each type of change. Thereafter, cancellation policies according to these general conditions art.11 are applied. Each reservation is subject to change depending on the case and conditions. The customer has no possibility of compensation. Changing a tour to another tour is only possible with cancellation of the tour (depending on cancellation policies) and a new reservation.has no possibility of compensation. Changing a tour to another tour is only possible with cancellation of the tour (depending on cancellation policies) and a new reservation.
CUSTOMER’S OBLIGATIONS
13.1. The Client, as well as persons registered by him/her as participants in the trip, shall be in possession of a valid passport or other travel document valid for all countries covered by the travel itinerary, as well as residence and transit visas and any health certificates that may be required. They should also ensure that they are in possession of the necessary vaccination certificates and medical reports before the trip.
13.2. Clients must also comply with the observance of the rules of normal prudence and diligence and the specific rules in force in the countries of destination of the trip, all information provided to them by the Organizer or the intermediary, as well as the regulations, administrative or legislative provisions relating to the tourist package.
13.3. Clients will be held liable for all damages that the Organizer or the intermediary may also suffer as a result of failure to comply with the above obligations.
13.4. The Customer is obliged to provide the Organizer with all documents, information and elements in its possession useful for the exercise of the latter’s right of subrogation against third parties responsible for the damage.
13.5. The Customer shall also notify the Organizer in writing at the time of booking of any special personal requests that may be the subject of specific agreements on the travel arrangements.
13.6. The Client is always required to inform the Organizer of any special needs or conditions (such as pregnancy, food intolerances, disabilities, etc.) of the Client and to expressly specify the request for related customized services.
HOTEL CLASSIFICATION
14.1. The official classification of hotel facilities is provided on the website, in the catalog or within other informational material based on the indications of the competent authorities of the country in which the service is provided.
14.2. In the absence of official classifications recognized by the competent authorities of the countries to which the service refers, the Organizer reserves the right to provide in the catalog, program or as part of other informational material its own description of the accommodation facility, such as to enable an evaluation and subsequent acceptance of it by the Customer.
LIMITATION OF LIABILITY
15.1. The Organizer shall be liable for damages caused to the Customer in the event of failure or inexact performance of the services contractually due, whether they are performed personally by the Organizer or provided by third parties, in accordance with the provisions mentioned below.
15.2. The Organizer is exonerated from liability, when it proves that the non-performance or inexact performance of the contract is attributable to the Customer or was the result of the act of a third party of an unforeseeable or unavoidable character, or a fortuitous event or force majeure.
15.3. In the event that the non-performance or inexact performance of the services that are the subject of the tourist package is not of minor importance pursuant to Article 1455 of the Civil Code, the Client may claim, in addition to and independently of the termination of the contract, compensation for damages related to the vacation time unnecessarily spent and the unrepeatability of the lost opportunity.
15.4. The damage resulting to the person from the non-performance or inexact performance of the services that are the subject of the tourist package is compensable in accordance with the rules established by international conventions, to which Italy or the European Union are parties, which regulate the individual services that are the subject of the tourist package, as transposed into Italian law.
15.5. The Organiser shall be liable within the scope of a good merchant’s responsibility for the diligent preparation of the trip, the careful selection and control of the service providers, as well as the correctness of the description of the services provided at the date of printing of the catalog.
15.6. Minor persons may participate in a trip only if accompanied by a legally responsible person.
15.7. The Client shall be responsible for ensuring that his/her own health condition, as well as that of persons registered by him/her as participants in the trip, is adequate for the needs of the trip, which in any case shall be communicated to him/her prior to the conclusion of the contract.
LIMITS TO COMPENSATION
16.1. Compensation for damages payable by the Organiser for damages other than personal injury resulting from the non-performance or inexact performance of the services that are the subject of the tourist package, shall not exceed the amount provided for in the international conventions governing the services that are the subject of the tourist package and in Articles 1783 and 1784 of the Civil Code.
16.2 In case of loss of or damage to baggage, the Organiser shall be liable only if it can be proved that they were caused by the same and if they are reported to it immediately after the incident. The Organiser assumes no liability for:
(a) items that are not customarily carried in luggage;
(b) means of payment of any kind;
(c) superficial damage and damage to baggage handles and wheels;
(d) damage to luggage whose weight exceeds 20 kg.
16.3 Customers’ bicycles may be transported only at their own risk-both while traveling and during transfers. The attachment structures to the trailer are set for the Organiser’s bicycles, so minor damage, particularly from paintwork, may occur on outsiders’ bicycles. Therefore, the Organiser is not liable for minor damage occurring during transportation. This limitation also applies to third-party transportation and tours.
16.4 Bike and sports equipment rental
a)In case of total breakage, theft, loss or damage the customer is obliged to compensate for the damage in the manner described in the rental agreement.
b)In case of theft, the customer is obliged to file a report with the relevant law enforcement agencies.
COMPLAINTS
17.1. The Customer is obliged to object to any deficiency in the performance of the contract by timely filing a complaint so that the Organiser, its local representative or escort can promptly remedy it.
17.2. Failure to file a complaint may be assessed for the purposes of Article 1227 of the Civil Code.
INSURANCE
18.1 If not expressly included in the price of the trip, it is advisable to take out insurance policies against expenses arising from withdrawal or cancellation of the tour package, as well as from accidents or relating to luggage. It will also be possible to take out an assistance contract covering repatriation expenses in case of accidents and illness.
18.2 In the event of insolvency, payments already paid for travel services subsequently not performed are guaranteed by the Travel Guarantee Fund of Assoviaggi cert. no. A/105.4945/6/2021
DISPUTE RESOLUTION
19.1. Pursuant to Article 67, co. 2 of the Tourism Code, the Customer has the right to resort to voluntary or joint negotiation procedures or the conciliation procedure before the arbitration or conciliation commissions for the resolution of disputes between businesses and consumers concerning the provision of tourist services established pursuant to Article 2, paragraph 4, letter a), of Law No. 580 of December 29, 1993.
19.2. In the conciliation procedure, Customers are entitled to make use of consumer associations. This conciliation procedure is governed by Articles 140 and 141 of the Consumer Code (Legislative Decree No. 206 of September 6, 2005).
19.3 Pursuant to the provisions of EU Regulation No. 524/2013, the Organiser informs the Customer acting as a consumer that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/. The ODR platform provides an access point for consumers who wish to resolve disputes arising from online sales or service contracts out of court. To this end, please note that the Organiser’s e-mail address is office@hmoviaggi.it
19.4 If the dispute has not been settled amicably, the same may be brought at any time to the exclusive cognisance of the Court in whose district the Customer is domiciled, if located in the territory of the State, in accordance with the provisions of Article 66-bis of Legislative Decree 206/05; in the event that the Customer does not have the status of final consumer it is agreed that any dispute, even in derogation from the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of Grosseto.
APPLICABLE LAW AND REFERRAL
20.1 This contract shall be governed by Italian law.
20.2 For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract and, in any case, the rules of the Civil Code and the Tourism Code shall apply.
FINAL PROVISIONS
21.1. This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject matter of this contract.
21.2. The possible ineffectiveness of certain clauses shall not affect the validity of the entire contract.
21.3. These general conditions of sale have been drawn up in Italian and in English. Should difficulties arise in interpreting them, the parties agree that the Italian language text shall be deemed authentic and effective.
INDIVIDUAL TOURIST SERVICES AND RELATED TOURIST SERVICES
Contracts having as their object the offer of only the transportation service, only the accommodation service, or any other separate tourist service, cannot be configured as a negotiated case of travel organisation or tourist package, do not enjoy the protections provided by the Tourism Code and the contractual conditions of the individual supplier will apply. Responsibility for the proper fulfilment of the contract lies with the service provider. In the case of booking related tourist services, the traveler has protection designed to refund payments received for services not rendered due to the insolvency of the professional who collected the amounts paid by the traveler. This protection does not provide any reimbursement in case of insolvency of the relevant service provider.
MANDATORY INFORMATION
Mandatory information pursuant to Article 17 of Law No. 38/2006:
Italian law punishes with imprisonment crimes related to prostitution and child pornography, even if the same are committed abroad.
In case of spelling, printing and calculation errors, we reserve the right to correct the offer.
All prices are quoted in euros.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Client declares that he/she has carefully read the contract and expressly approves the following clauses: art. 7 (Payments), art. 11 (Rights of the Client in case of withdrawal or cancellation of the tourist package), art. 13 (Obligations of the Client), art. 15 (Limitation of liability), art. 16 (Limitation of compensation), art. 19 (Resolution of disputes), art. 20 (Applicable law and referral).
