General terms and conditions
1. Legislative sources
The sale of tour packages, concerning services provided nationally or internationally, is regulated by law no. 1084 of the 27/12/1977 which is approved by and in compliance with the International Convention on Travel Contracts (CCV) signed in Brussels on the 23.4.1970 – as applicable – as well as well as the Consumer Code according to Legislative Decree no. 206 of the 6th of September 2005 (articles 82-100) and subsequent modifications.
For the purposes of the present contract the following shall have the meanings given to them below:
Organiser: the party that carries out the combination of elements according to article 3 and that is obliged, in their own name and towards the all-inclusive price, to supply tour packages to third parties;
Vendor: the party that sells or is obliged to supply tour packages according to article 3 towards the all-inclusive price
Consumer of tour packages, the buyer: the transferee of a tour package or anyone nominated that fulfills the conditions required for the fruition of the service, on behalf of which the principle contractor is obliged to acquire, without remuneration, a tour package.
3. Tour Package concept
“Tour packages concern travel, holidays and the “all inclusive” scheme which is a combination of at least two of the elements listed below, sold or offered for sale at an all-inclusive price and lasting more than 24 hours or extended for a longer period of time comprising at least one night: Transport, Accommodation, Services not related to transport or accommodation (omitted) … which constitute a significant part of the “tour package” (article 84 of the Consumer Code).
The Consumer has the right to receive a copy of the sales contract of the tour package (according to articles 85 and 86 of the Consumer Code), which is also needed to access the guarantee fund according to article 20 of the terms and conditions of this contract.
Bookings should be drawn up using the appropriate form. If the form is electronic, each section should be filled in and signed by the client, who will also receive a copy. Booking confirmation is considered complete and the contract concluded only when the Organiser sends confirmation to the client via the Vendor. This could include by telephone.
Any information concerning to the tour package which is not included in the contractual documentation, brochures or any other written communication will be provided by the Organiser before the start of the holiday, in compliance with paragraph 2, article 87 of the Consumer Code.
Information concerning the deposit of up to a maximum of 25% of the total price of the tour package, to be paid at the time of booking or binding agreement, and the date before departure when full payment must be made, are detailed in the catalogue, brochure or similar.
Non-payment of the above within the time specified constitutes a determination clause, such that the cancellation of rights is to be determined by the intermediary agency and/or the Organiser.
The price of the tour package is determined in the contract, with reference to that indicated in the catalogue or policy aside from the catalogue and any further additions to the same. The price is subject to change up to 20 days before departure and only as a consequence of the following variations: Transport costs, including petrol costs, Charges and taxes for certain services such as landing tax, embarkation or disembarkation taxes in ports and airports, Exchange rates.
Any such variations will refer to the exchange rate and costs in effect at the date of publication of the policy as quoted in the specifications of the catalogue or at the date of any subsequent modifications.
Variations will affect the all-inclusive price of the tour package according to the percentage indicated in the specifications of the catalogue or policy aside from it.
7. Modifications or cancellations made to the tour package before departure
Before departure, should the Organiser or the Vendor need to make significant modifications to one or more elements of the contract, they must give immediate written notice to the Consumer indicating the type of modification and the subsequent price variation.
If the Consumer does not accept the modified proposal according to paragraph 1, they can exercise their right to receive the sum already paid or choose a replacement tour package according to the 2nd and 3rd paragraphs of article 8. The Consumer can exercise the rights above even when the cancellation has been made due to an insufficient number of participants, as detailed in the catalogue or policy aside from the catalogue, or in the case of unforeseeable circumstances and fortuitous events, relating to the purchased tour package.
For cancellations other than those caused by unforeseeable circumstances, fortuitous events and an insufficient number of participants, as well as in the case of non- acceptance of an alternative tour package, the Organiser who cancels (letter E, article 33 of the Consumer Code) will reimburse the Consumer double the amount that was paid and collected by the Organiser, via the travel agent.
The sum of the reimbursement will not be more than double the amount that the Consumer owes on the same date according to paragraph 4, article 8, in case of cancellation by the Consumer.
8. Consumer withdrawal
The Consumer can withdraw from contract, without paying penalties, in the following situations: Increased prices exceeding 10% as detailed previously in article 7; Significant modifications to one or more of the elements of the contract deemed as fundamental to the fruition of the tour package which has been considered and proposed by the Organiser after the conclusion of the contract, before departure, and which has not been accepted by the Consumer.
In case of the above, the Consumer has the alternative right to: An alternative tour package, without further cost or with the reimbursement of any excess if the second tour package has a lesser value than the first; The reimbursement of the amount already paid. Such reimbursements must be made within seven working days from the moment the reimbursement request is received The Consumer must communicate their decision (to accept or decline the modification) within no more than two working days from the moment they receive notice. If no communication is received within the above mentioned time, the proposal offered by the Organiser is assumed to be accepted.
Should the Consumer withdraw from the contract before departure, due to a reason other than those indicated in the first paragraph, they will be charged – independently from the payment of the deposit – the cost of managing the case, the penalty indicated in the specifications of the catalogue or policy aside from the catalogue or made-to-measure holiday, any eventual compensation or insurance coverage already requested at the time of the conclusion of the contract or other services already paid for. In the same way, regarding the 3Tappe Racing Bike offer, if the whole tourist group cancels because of bad weather, they will be charged the penalty indicated in the catalogue specifications, for any insurance premiums already agreed to on signing the contract, and for any other services already provided.
In accordance with Art.32, co.2 Tourist Code, all tourists are hereby informed of the exclusion of the right of cancellation, provided for by articles 64 and seg. of D.Lgs. n. 206/2005 (Consumer Code). The cancellation penalties as set out are therefore applicable to Tourists who withdraw from a contract not signed in loco.
9. Obligatory information
The Organiser is obliged to include a specifications sheet containing all the information regarding the tour package and full information about the Organiser.
10. Modifications made after departure
If, after departure, the Organiser cannot fulfill an essential part of the services offered in the contract, excluding personal Consumer cases, the Organiser must propose an alternative solution without additional cost to the Consumer. Should the alternative proposal be of a lesser value than the original proposal, the Organiser must reimburse the difference.
Where no alternative solution is possible, or if the Consumer declines the alternative solution for substantiated or valid reasons, the Organiser must provide, without additional cost, a means of transport equivalent to the original to return the Consumer to the place of departure or a mutually agreed location, subject to availability. The Organiser will also reimburse the difference between the cost of the previously agreed services and the services offered up until the anticipated return date.
The abdicant Consumer can be substituted by another person provided that:
a) The Organiser is informed in writing at least 4 working days before the fixed departure date, with information as to the reasons for substitution and the full name of the transferee
b) The Transferee satisfies the conditions for the fruition of the service (ex. article 89 of the Consumer Code), in particular regarding the requirements relative to passports, visas and health insurance
c) The same or similar services can be provided following substitution
d) The Substitute reimburses the Organiser with all additional expenses incurred while proceeding with the substitution, which will be quantified before cancellation
The Transferor and the Transferee are strongly held responsible for the payment of
costs as well as the amount detailed in letter d) of this article.
Further substitution procedures and conditions are indicated in the specifications.
12. Consumer obligations
During negotiations and in any case before the conclusion of the contract, Italian citizens are provided with general information – updated as of the printing date of the catalogue – relative to health obligations and the documentation necessary for expatriation. Foreign citizens will find corresponding information through their diplomatic representatives in Italy and/or their official government information providers.
In any case, before departure Consumers must check that this information is valid through the competent authorities before travelling (for Italian citizens, the local Police headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the call centre on 06.491115). If this information is not provided, neither the Vendor nor the Organiser can be held responsible for one or more Consumers being unable to travel.
Consumers must inform the Vendor or Organiser of their citizenship and, at the moment of departure, must ascertain that they have all the relevant vaccination certificates, individual passport and any other document valid for every country visited in the itinerary, as well as any travel and transit visas and health certificates that might be required.
In order to evaluate the health and security situation of destination countries and therefore, the usability of the services acquired or to acquire, the Consumer will find (via one of the information sources listed in paragraph 2) general official information via the Ministry of Foreign Affairs who will indicate if travel to the destinations is formally advised against.
Consumers should adhere to the rules of common prudence and diligence as well as those specific to the destination countries, the information provided by the Organiser, as well as the administrative and legislative rules relative to the tour package. Consumers will be held responsible for all damage that the Organiser and/or Vendor should undergo caused by a lack of respect for the above mentioned obligations. Consumers must provide the Organiser with all documentation, information and items in their possession to exercise the Organiser’s right to subrogation towards third parties responsible for damage and are responsible to the Organiser for any prejudice caused to the right to subrogation.
Upon booking, the Consumer will also communicate in writing to the Organiser any particular personal requests which could signify the need to agree on specific travel arrangements, if this is possible.
The Consumer is responsible for informing the Vendor or Organiser of any particular requirements (pregnancy, food intolerances, disabilities, etc.) and to explicitly specify the need for any personalised services.
13. Hotel classification
The official classification of hotels is detailed in the catalogue or other informative material according to the explicit and formal indications made by the competent authorities by whom the service is provided.
If there is no official classification recognised by the competent public authorities of the country in question, including EU countries, the Organiser reserves the right to provide a description of the accommodation in the catalogue or brochure, to allow the Consumer to evaluate and consequently accept.
14. Responsibility arrangement
The Organiser is responsible for damages caused to the Consumer due to total or partial failure to fulfill contractual obligations, whether this is caused by the Organiser personally or by third parties, unless the event has derived from the Consumer (including initiatives independently assumed by the Consumer during the course of the service) or by extraneous circumstances, fortuitous events, unforeseeable circumstances or circumstances that the Organiser could not reasonably foresee or resolve, according to their professional diligence.
The Vendor with whom the tour package was booked does not answer in any way to the obligations arising from the tour Organiser, but is exclusively responsible for the obligations arising from their quality as intermediary within the limits of such a responsibility as detailed by the regulations on the matter.
15. Compensation limits
Compensation for damages cannot be in any case more than the limits detailed in articles 94 and 95 of the Consumer Code.
16. Assistance obligation
The Organiser is responsible for providing assistance to the Consumer as established by the professional diligence criteria concerning the obligations of the job description according to law or contract.
The Organiser and the Vendor are exempt from any responsibility (articles 14 and 15 of the present terms and conditions) when the non-fulfilment or incorrect fulfilment of the contract can be blamed on the Consumer or depends on a third party of an unforeseeable or unpredictable nature, or has been caused by fortuitous events or unforeseeable circumstances.
17. Complaints and claims
The Consumer must make any non-fulfilment of the terms of contract known without delay so that the Organiser, local representative or guide can resolve the issue promptly. If this procedure is not followed, no dispute can be made. The Consumer must also – under penalty of cancellation – send their complaint to the Organiser or the Vendor via registered post with return receipt within no more than ten working days from the date the Consumer returns to the place of departure.
18. Insurance against cancellation and repatriation expenses
If not included in the price, the Consumer can ask for, and is advised to ask for, specific insurance policies that insure against expenses deriving from cancellation of the tour package, accidents or baggage issues at the time of booking at the Organiser’s or Vendor’s office. The Consumer can also ask for an insurance contract that covers repatriation costs in case of accident or illness.
19. Alternative instruments to solve complaints
The Organiser may offer, in his website or by other means, alternative instruments to solve complaints. In such case, the Organiser shall indicate the type of alternative solution proposed and any effects which it may cause.
20. Guarantee Fund (art 51 Tourism Code)
The National Guarantee Fund (art. 100 Consumer Code) founded to safeguard Consumers who hold a contract, foresees the following requirements in case of bankruptcy or insolvency declared by the Organiser: refund of the amount paid; repatriation in case of travels abroad.
Member of Fogar
21. Extra excursions
Any extra excursions, activities and services purchased by tourists in situ and not included in the holiday package are not part of the contract stipulated by SportNature Travel srl. Therefore, SportNature Travel srl cannot be held responsible, either as Organiser or as service intermediary, even if residents, guides or local correspondents, as a courtesy, may be able to facilitate the booking of these excursions.
SportNature Travel srl – Corso Rosmini 76, 38068 Rovereto (TN), Italy
Tax Code 0249424022
License Number and Date: 109 – 20/04/2018
Professional Insurance Number: 66500023-RC18 (Frigo Assicurazioni)
Catalogue’s validity: 5.5.2018-27.10.2018