General conditions of the sales contract

General conditions of the sales contract

Premise

In addition to the following general terms and conditions, the description of the tourist package in the catalogue or in the separate travel programme, as well as the booking confirmation for the services requested by the traveller, form an integral part of the travel contract. It is sent by the tour operator to the traveller or to the travel agent, as the traveller's agent, and the traveller is entitled to receive it from the agent. When signing the tourist package purchase and sale proposal, the traveller must bear in mind that he/she has read and accepted, for him/herself and for the subjects for whom he/she requests the all-inclusive service, both the travel contract as regulated therein, and the warnings contained therein, as well as these general conditions.

Dear Customer, in compliance with the provisions of art. 34 of Legislative Decree no. 62/2018 and of the EU Directive 2015/2302 it is specified that VACANZEDIGITAL S.r.l. acts only and exclusively in terms of intermediary / seller of the bookings of tourist packages arranged by the Tour operator / third party Organisers, therefore it is only responsible for the obligations deriving from its intermediation and for the execution of the obligations conferred on it by the Tour operator / third party Organisers. VACANZE DIGITAL S.r.l. is not liable for obligations relating to the organisation and execution of the trip. The following are the general conditions of sale of tourist packages, which will be applied by the Travel Organiser / Tour Operator in the execution of the package, these conditions are of a general nature and do not replace those available in the catalogue of the same Tour Operator / Travel Organiser. It is emphasised that where there is a conflict between these General Conditions and the conditions contained in the Tour Operator/Travel Organiser's catalogue, the latter shall prevail.

Yesvacanze is owned by Ma.Po Travel s.r.l. and is granted to Vacanzedigital s.r.l. via Bologna 2 Tricase (Le) VAT number 05108640755;

1. Legislative sources

The sale of tourist packages, having as their object services to be provided in both national and international territory, is governed by the Tourism Code, specifically by articles 32 to 51- novies for as amended by Legislative Decree no. 62 of 21 May 2018, transposing and implementing EU Directive 2015/2302 as well as by the provisions of the civil code on transport and mandate, as applicable.

2. Administrative regime

The organiser and the intermediary of the tourist package, to whom the traveller turns, must be authorised to carry out their respective activities on the basis of current legislation, including regional or municipal legislation, given the specific competence.

The organiser and the intermediary shall inform third parties, prior to the conclusion of the contract, of the details of the compulsory insurance policy to cover risks deriving from professional civil liability, as well as the details of the other optional or compulsory insurance policies, to protect travellers against events that may affect the realisation or correct execution of the holiday, by way of example, but not limited to: cancellation of the trip, coverage of medical expenses, early return, loss of or damage to baggage guarantee against the risks of insolvency or bankruptcy of the organiser and intermediary, each within their own sphere of competence. These policies may provide for: the refund of the sums paid by the traveller or the early return of the traveller to the place of departure, where the tourist package includes transport service.

Pursuant to art. 18, paragraph VI of the Tourism Code, The use in the company’s name or business name or in any communication to the public of the words "travel agency", "tourism agency", "tour operator", "travel mediator" or other words and phrases, including in a foreign language, of a similar nature, is allowed only to the qualified companies referred to in art. 18, paragraph I of the Tourism Code.

3. Definitions

For the purposes of the tourist package contract, the following is meant:

  • professional, any public or private natural or legal person who, as part of his or her commercial, industrial, artisanal or professional activity in organised tourism contracts acts, including through another person who acts in his or her name or on his or her behalf, as an organiser , seller, professional who facilitates related tourist services or as tourist service provider, pursuant to the legislation set out in the Tourism Code;
  • organiser, a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits traveller data to another professional;
  • seller / intermediary, the professional, other than the organiser, who sells or offers for sale packages combined by an organiser. To this end, it should be noted that Vacanzedigital S.r.l. operates as a seller / intermediary since it acts as an intermediary in the sale of tourist packages combined by an organiser, as per lett. b) above;
  • traveller, anyone who intends to conclude a contract, or concludes a contract or is authorised to travel on the basis of a concluded contract, pursuant to the Tourism Code;
  • establishment, the establishment defined by article 8, paragraph I, letter e), of the legislative decree 26 March 2010, n. 59;
  • durable medium, any tool that enables the traveller or the professional to store the information that is personally addressed to him/her in a way accessible for future reference for a period of time adequate for the purposes for which they are intended and that allows the identical reproduction of the information stored;
  • unavoidable and extraordinary circumstances, a situation beyond the control of the party invoking such a situation and the consequences of which would not have been avoided even if all reasonable measures had been taken;
  • lack of conformity, a non-fulfillment of the tourist services included in a package;
  • point of sale, any premise, movable or immovable, used for retail sale or retail website or similar online sales tool, even where retail websites or online sales tools are presented to travellers as a single tool, including telephone service;
  • return, the return of the traveller to the place of departure or to another place agreed upon by the contracting parties.

4. Notion of tourist package

The notion of a tourist package is as follows:

the combination of at least two different types of tourist services, such as:

  • the transport of passengers;
  • accommodation that does not form an integral part of passenger transport and is not intended for residential purposes, or for long-term language courses;
  • hire of cars, other motor vehicles or motorbikes requiring a category A driving license;
  • any other tourist service that is not an integral part of one of the tourist services listed under 1), 2) or 3), and that is not a financial or insurance service.
furthermore, in order to be able to speak of a “Tourist Package” it is necessary that at least one of the following conditions occur:
  • such services are combined by a single professional, including at the request of the traveler or in accordance with his / her selection, before a single contract is concluded for all the services;
  • such services, even if concluded under separate contracts with individual suppliers, are:
    • purchased at a single point of sale and selected before the traveller agrees to payment;
    • offered, sold or invoiced at a flat rate or global price;
    • advertised or sold under the name "package" or similar denomination;
    • combined after the conclusion of a contract whereby the professional allows the traveller to choose from a selection of different types of tourist services, or purchased from separate professionals through related online booking processes whereby the traveller's name, payment details and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more other professionals and the contract with the latter professional(s) is concluded no later than 24 hours after confirmation of the booking of the first tourist service.

5.Content of the tourist package sales contract - Purchase proposal and completion - Documents to be provided

These general conditions (hereinafter referred to as the "General Conditions") concern the sale of a tourist package, as better defined in art. 4 of these General Conditions.

In addition to the following, they form an integral part of the travel contract:

  • General conditions,
  • the description of the tourist package in the catalogue, or in the separate travel programme,
  • the booking confirmation of the services requested by the traveller, which collectively make up the "Travel Contract"
  • telematic travel documents (VOUCHER)

With regard to contracts negotiated away from business premises, defined in art. 45, paragraph 1, letter h), of Legislative Decree 6 September 2005 n. 206, a copy or confirmation of the tourist package sales contract shall be provided to the traveller on paper or, if the traveller agrees, on another durable medium.

The booking confirmation of the services requested by the traveller is sent by the tour operator to the traveller or by the travel agent, on behalf of the Tour operator / third party Organisers, to the traveller. The Travel Contract, as defined and composed above, is finalised with the confirmation of the booking of the tourist package, the traveller thus accepts, for him/herself and for the subjects for whom he/she requests the tourist package, the Travel Contract.

The electronic travel documents (VOUCHER) will be sent, by Yesvacanze to the Customer, via e-mail to the e-mail address provided by the latter during the online purchase procedure or at the travel agency if the reservation was provided by the latter and if the customer / tourist has decided to pay for the stay / tourist services at the travel agency. Vacanze Digital s.r.l. trusts in the accuracy of the information provided during the purchase procedure; Vacanze Digital s.r.l. cannot therefore be held responsible by the customer / tourist / user / travel agent for the non-delivery of travel documents due to the inaccuracy of the e-mail address or the incorrect installation of the e-mail program. It is the duty of the customer / tourist / user / travel agency to promptly notify Vacanze Digital s.r.l. of any changes or inaccuracies in their e-mail address or telephone number. In addition, the customer / tourist / user / travel agent is requested to verify that the details (name, surname, etc.) shown on the travel ticket and / or on the booking confirmation are correct. The electronic travel documents are delivered by email. Furthermore, in order to complete the reservation holder's personal details, the date of birth and the address for each Traveller or, where applicable, the tax code of the reservation holder will be requested.

6. Tourist information

  • Prior to the conclusion of the Travel Contract or before the start of the trip, the organiser or the intermediary shall provide the traveller with the following information:
    • the travel destination(s), the itinerary and periods of stay with dates and, if accommodation is included, the number of nights included
    • means, characteristics and categories of transport, places, dates and times of departure and return, duration and place of intermediate stop and connections; in the event that the exact time has not yet been established, the organiser and, if applicable, the seller inform the traveller of the approximate time of departure and return;
    • information on the identity of the operating air carrier, if not known at the time of booking, in accordance with article 11 Reg. CE 2111/05 (Article 11, paragraph 2 Reg. CE 2111/05: "Where the identity of the actual air carrier (s) is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name of the air carrier or air carriers which will operate as operating air carriers for the affected flight (s). In such a case, the air transport contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as their identity has been established and their possible ban on operations in the European Union";
    • the commercial name and geographical address of the organiser and, where applicable, of the seller, their telephone numbers and e-mail addresses;
    • location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
    • the meals provided included or not;
    • visits, excursions or other services included in the agreed total price of the package;
    • the tourist services provided to the traveller as a member of a group and, if so, the approximate size of the group;
    • the language in which the services are provided;
    • whether the trip or holiday is suitable for people with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday that takes into account the needs of the traveller. Special requests regarding the modalities of provision and \ or execution of certain services that are part of the tourist package, including the need for assistance at the airport for people with reduced mobility, the request for special meals on board or in the place of stay, must be made at the time of the booking request and be the subject of a specific agreement between the traveller and the Organiser, if necessary also through the mandated travel agency;
    • the total price of the package including taxes and all rights, charges and other additional costs, including any administration and handling charges, or, if these cannot reasonably be calculated before the conclusion of the contract, an indication of the kind of additional costs that the traveller may still have to bear;
    • the methods of payment, including any amount or percentage of the price to be paid as an advance and the timetable for payment of the balance, or the financial guarantees that the traveller is required to pay or provide;
    • the minimum number of people required for the package and the deadline referred to in article 41, paragraph 5, letter a) of Legislative Decree 21/05/18, n. 62, before the start of the package for the possible termination of the contract in case of failure to reach the number;
    • general information concerning passport and / or visa requirements, including approximate times for obtaining visas, and health formalities in the country of destination;
    • information on the traveller's right to withdraw from the contract at any time prior to the start of the package upon payment of appropriate withdrawal fees, or, if applicable, the standard withdrawal fees required by the organiser pursuant to article 41, paragraph 1 of Legislative Decree 62/2018 and specified in the following art. 10 paragraph 3 of these General Conditions;
    • information on optional or compulsory subscription of an insurance that covers the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death;
    • the details of the cover referred to in Article 47, paragraphs 1, 2 and 3 of Legislative Decree 62/2018;
    • In the case of contracts negotiated away from business premises, the traveller has the right to withdraw from the tourist package sales contract, pursuant to and for the purposes of art. 41, paragraph 7 of Legislative Decree 62/2018, within a period of five days from the date of the conclusion of the contract or from the date on which it receives the contractual conditions and the preliminary information if later, without penalties and without giving any reasons. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the change in price by adequately highlighting the exclusion of the right of withdrawal.
  • The Organiser shall provide a technical data sheet in the catalogue or in the non-catalogue programme - also on electronic or telematic support. It contains technical information relating to the legal obligations to which the Tour Operator is subject, such as by way of example, but not limited to:
    • details of the organiser's administrative authorisation or S.C.I.A;
    • details of the guarantees for travellers pursuant to art. 47 of the Tourism Code;
    • details of the civil liability insurance policy;
    • period of validity of the catalogue or of the off-catalogue programme;
    • parameters and criteria for adjusting the price of the trip (Art. 39 Tourism Code).

7. Prices and variations

The prices of tourist packages are expressed in euros, the fractions in cents, unless expressly indicated, are 00. Packages are determined by reference to what is stated on the website, in the catalogue or as part of the out-of-catalogue programme and any subsequent updates to the same catalogues or out-of-catalogue programmes.

Prices per person are based on a minimum of two persons paying full rate and depend on the number of travellers, the duration of the trip, any discounts applied to travellers and the options subscribed at the time of booking. The age ranges are always to be understood in unfinished years.

The tourist tax is optionally determined by the Italian Municipalities and, if due, it will be paid by the customer directly at the property.

The price consists of:

  • registration fee or practice management fee;
  • participation fee: expressed in the catalogue or in the quotation of the package provided to the intermediary or the traveller;
  • cost of any insurance policies against the risks of cancellation and / or medical expenses or other services requested;
  • cost of any visas and entry and exit taxes from the holiday destination countries. Airport and / or port charges and taxes.

As stipulated in art. 39 of the Tourism Code, the price may be increased or reduced up to 20 days prior to departure and only as a result of the relevant changes:

  • transport costs, including the cost of fuel or other energy sources;
  • the level of taxes or fees on tourist services included in the contract imposed by third parties, including landing, disembarkation and embarkation fees at ports and airports;
  • at the exchange rates relevant to the package.

Price changes will be calculated as the difference between the fares existing at the time of booking and the new official fares communicated by the competent authorities and / or by the transport service providers.

Pursuant to art. 39, paragraph 3 of the Tourism Code, the upward revision cannot exceed 8% of the original price. If the price increase exceeds the aforementioned percentage, the Traveller may withdraw from the contract, without prejudice to the rights referred to in the following art. 8.

In the event of a downward revision, the Organiser or Intermediary will have the right to deduct the administrative and handling costs of the practices relating to the refund due.

8. Payments

  • Upon confirming the booking of the Tourist Package, the Traveller shall pay the Intermediary the amount:
    • of the registration or administration fee;
    • the down payment of the price indicated in the Tourist Package published in the catalogue or in the package quotation provided by the Operator. This amount is paid as an advance payment. During the period of validity of the purchase proposal of the Tourist Package, and therefore before the receipt of the booking confirmation of the same, which constitutes the completion of the Travel Contract in the event that the Traveller withdraws due to an unexpected and unforeseeable event, the provisions of art . 10 below apply. The balance must be paid within the deadline stated in the catalogue or in the booking confirmation of the service/tourist package requested.
  • For bookings made after the date indicated as the deadline for payment of the balance, the full amount must be paid at the time of signing the purchase proposal;
  • Failure by the Intermediary to receive the sums indicated above on the established dates, as well as failure to remit to the Tour Operator / Organiser the sums paid by the Traveller to the Intermediary, will result in the automatic termination of the contract, pursuant to art. 1456 of the Italian Civil Code, by the Intermediary to be communicated in writing, by fax or via certified e-mail, to the Intermediary Agency, and to the traveller, without prejudice to any guarantee actions pursuant to art. 47 of Legislative Decree 62/2018 that may be exercised by the traveller. The balance of the price is considered to have been paid when the amounts are received by the Organiser directly from the traveller or through the intermediary chosen by the same traveller.
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9. Modification or cancellation of the tourist package before departure by the organiser

  • The Operator reserves the right to unilaterally modify the conditions of the contract, other than the price, unless this right has been reserved in the contract and the modification is of minor importance. Communication shall be made in a clear and precise manner through a durable medium, such as e-mail.
  • Where before departure the organiser needs to significantly modify one or more main characteristics of the tourist services referred to in art. 34 paragraph 1 letter. a) of the Tourism Code or cannot satisfy the specific requests made by the traveller and already accepted by the Organiser, or proposes to increase the price of the package by more than 8%, the traveller may accept the proposed modification or withdraw from the Travel Contract without paying withdrawal fees;
  • If the traveller does not accept the modification proposal referred to in paragraph 2, exercising the right of withdrawal, the organiser may offer the traveller a replacement package of equivalent or higher quality;
  • The organiser informs the traveller by e-mail, without undue delay, in a clear and precise manner of the proposed changes referred to in paragraph 2 above and of their effect on the price of the package pursuant to paragraph 6 below;
  • The traveller communicates his/her choice to the organiser or to the intermediary within two working days from the moment he/she has received the notice indicated in paragraph 1 above and in any case for under date confirmations within 2 working days from the beginning of the stay. In the absence of communication within the aforementioned term, the proposal made by the organiser is deemed to be accepted;
  • If the changes to the tourist package sales contract or the replacement package referred to in paragraph 2 result in a package of a lower quality or cost, the traveller shall be entitled to an adequate reduction in the price;
  • In the event of withdrawal from the Travel Contract, pursuant to paragraph 2 of this art. 9, and if the traveller does not accept a replacement package, the Organiser shall reimburse without undue delay and in any case within 14 working days of the withdrawal from the Travel Contract all payments made by or on behalf of the Traveller and shall be entitled to be compensated for failure to execute the contract, as provided for in the following paragraph 8 of this article, except in the cases indicated below:
    • There is no compensation deriving from the cancellation of the tourist package when the cancellation of the same is due to the failure to reach the minimum number of participants possibly required;
    • There is no compensation resulting from the cancellation of the tourist package when the organiser proves that the lack of conformity is attributable to force majeure and fortuitous events or in any case to unforeseeable or unavoidable facts or to inevitable and extraordinary circumstances beyond the Organiser's or Intermediary's control;
    • There is also no refund and / or compensation deriving from the cancellation of the tourist package when the organiser proves that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of tourist services included in the Travel Contract and is unpredictable or unavoidable.

10. Customer withdrawal

  • The tourist may withdraw from the Travel Contract at any time before the start of the Tourist Package, without paying penalties in the following cases:
    • price increase in excess of 8%;
    • significant modification of one or more elements of the contract objectively configurable as fundamental for the fruition of the tourist package considered as a whole and proposed by the organiser after the conclusion of the contract itself, but before departure and not accepted by the traveller;
    • cannot satisfy specific requests made by the traveller even if accepted by the Organiser.
  • In the cases mentioned above, the traveller may:
    • accept an alternative proposal if made by the organiser;
    • request the return of sums already paid. This return must be made within the period indicated in art. 9, paragraph 7 above.
  • In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveller has the right to withdraw from the contract, prior the start of the package, without paying withdrawal fees, and to the full refund of the payments made for the package, but has no right to additional compensation;
  • To the traveller who withdraws from the Travel Contract before departure for any fact or reason, even unforeseen and unexpected, not dependent in any case on a fact or act of the Organiser or the Intermediary, other than the cases listed in the first paragraph of this art. 10, or those provided for by art. 9, paragraph 2, will be charged (regardless of the payment of the deposit referred to in Article 7, paragraph 1 of the General Conditions):
    • the individual cost of handling the practice
    • any compensation for insurance coverage already requested at the time of conclusion of the contract or for other services already rendered,
    • the penalty in the amount indicated below, except for any more restrictive conditions - linked to periods of high season or full occupancy of the facilities - which will be communicated to the traveller at the estimate stage and therefore before the conclusion of the Travel contract.
  • In the event of the Traveller's withdrawal from the Travel Contract concerning Tourist Packages with regular scheduled flights at a special rate or IT and with stays in hotels, apartments, residences, villas or villages in hotel formula and Group Tourist Packages with others means of transport, a penalty will be applied equal to:
    • 10% of the participation fee from the time of booking until 30 working days before departure;
    • 25% of the participation fee from 29 to 21 working days before departure;
    • 50% of the participation fee from 20 to 10 working days before departure;
    • 75% of the participation fee from 9 days to 4 working days before departure;
    • 100% of the participation fee after these deadlines.
  • No refund will be made to the traveller in the following cases:
    • cancellation from 3 working days before to the same day of departure;
    • failure to show up on the scheduled day of arrival at the property without giving prior notice to the organiser or the seller (no show);
    • cancellation of NOT REFUNDABLE booking
    • interruption of travel or stay;
    • impossibility of being able to travel due to lack or irregularity of expatriation documents or any other fulfillment necessary to make the trip. Checking the validity of documents or visas for expatriation, as well as the fulfillment of currency and health obligations and the existence of all requirements necessary for the execution of the trip is a personal and non-delegable obligation of the traveller.
  • The notice of withdrawal by the Traveller must be received on a working day (Monday to Friday from 9 a.m. to 7 p.m. and Saturday from 9 a.m. to 13 p.m.) and in any case, before the start of the trip. The calculation of the days does not include the day of withdrawal and includes the day of departure. The opening fee and insurance coverage (if purchased) are always at the expense of the Traveller.
  • No reimbursement is due to the Traveller who voluntarily interrupts the trip or stay. Possible non attribution to the traveller for the impossibility of enjoying the holiday does not legitimise the withdrawal without penalties, provided by law only in the case of objective circumstances that can be found at the destination of the holiday referred to in paragraph 2 or in the cases referred to in paragraph 1 of this art. 10, since it is possible to insure oneself against the economic risk connected with the cancellation of the contract, by taking out an appropriate insurance policy, where this is not provided for in an obligatory form by the Organiser.
  • In the case of group bookings, the penalties provided for in the event of withdrawal will be the subject of a specific agreement each time the Travel Contract is signed.
  • From the indication of the penalty percentage mentioned above in art. 10, paragraph 3, trips that include the use of scheduled flights with special fares are excluded. In these cases, the conditions relating to cancellation penalties are much more restrictive and will be indicated in advance during the quotation of the travel package.
  • The organiser may withdraw from the tourist package contract and offer the traveller a full refund of the payments made for the package, but he/she is not obliged to pay additional compensation if:
    • the number of people enrolled in the package is less than the minimum required by the contract and the organiser notifies the withdrawal from the contract to the traveller within the deadline set in the contract and in any case no later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days;
    • the organiser is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveller without undue delay before the start of the package.
  • The organiser proceeds with all the refunds required in accordance with paragraphs 3 and 11 without undue delay and in any case within 14 days of withdrawal. In the aforementioned cases, the termination of functionally related contracts stipulated with third parties is determined;
  • In the case of off-premises contracts, the traveller shall have the right to withdraw from the tourist package contract within a period of five days from the date of conclusion of the contract or from the date on which he/she receives the contractual conditions and preliminary information, whichever is the later, without penalties and without giving any reasons. In the case of offers with significantly reduced rates compared to competing offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price change by adequately highlighting the exclusion of the right of withdrawal.

11. Liability of the organiser for incorrect execution and unexpected impossibility in the course of execution - Obligations of the traveller - Timeliness of complaint

  • The organiser is responsible for the execution of the tourist services envisaged in the tourist package sales contract, regardless of whether such tourist services are to be provided by the organiser him/herself, by his/her auxiliaries or persons in charge when acting in the exercise of their functions, by third parties whose services he/she uses or by other suppliers of tourist services pursuant to article 1228 of the civil code.
  • The traveller, in compliance with the obligations of fairness and good faith referred to in articles 1175 and 1375 of the civil code, shall inform the organiser, directly or through the seller, promptly (and in any case within the term of the package) taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service provided for in the tourist package sales contract.
  • If one of the tourist services is not performed as agreed in the tourist package sales contract, the organiser shall remedy the lack of conformity, unless this proves impossible or is excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the organiser does not remedy the defect, the traveller is entitled to a price reduction as well as compensation for the damage suffered as a result of the lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of the tourist services or is of an inevitable or unpredictable nature or due to extraordinary and unavoidable circumstances.
  • Without prejudice to the exceptions mentioned above, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller in the complaint made pursuant to paragraph 2 above, he/she may remedy the defect him/herself and claim reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveller does not need to specify a time limit.

If a lack of conformity constitutes a non-fulfilment of not insignificant importance and the organiser has not remedied it with the timely complaint made by the traveller, in relation to the duration and characteristics of the package, the traveller, pursuant to article 1456 of the civil code, may terminate the travel contract with immediate effect, or request - where appropriate - a reduction in the price, without prejudice to any compensation for damages.

If, after departure, the Organiser is unable to provide, for any reason other than the traveller's own business, an essential part of the services foreseen in the contract, he/she will have to provide suitable alternative solutions for the continuation of the planned trip that do not involve any type of charge to the traveller, or reimburse the latter within the limits of the difference between the services originally foreseen and those provided.

The traveller may reject the alternative solutions proposed only if they are not comparable with what was agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or if the solution provided by the organiser is refused by the traveller because it is not comparable with what was agreed in the contract or because the price reduction granted is inadequate, the organiser will provide, at no extra charge, a means of transport equivalent to the original one planned for the return to the place of departure or to a different place possibly agreed, subject to the availability of vehicles and places, and will reimburse the traveller to the extent of the difference between the cost of the planned services and that of the services provided up to the time of the early return.

12. Transfer of the tourist package contract to another traveller

  • The traveller, subject to notice given to the organiser on a durable medium no later than 7 calendar days before the start of the package, may transfer the tourist package sales contract to a person who meets all the conditions for the use of the service.
  • The transferor and the transferee of the tourist package sales contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and handling costs, resulting from this transfer.
  • The organiser shall inform the transferor of the actual costs of the assignment, which shall not exceed the costs actually incurred by the organiser as a result of the assignment of the tourist package sales contract and shall provide the transferor with proof of the fees, taxes or other additional costs resulting from the assignment of the contract. In the case of a travel contract with air transport for which a discounted and / or non-refundable fare ticket has been issued, the transfer may entail the issue of a new air ticket at the fare available on the date of the assignment.
  • The change in the names of all participants within a practice is to be understood as a total cancellation (see Article 10 - Withdrawal of the Traveller). Any additional terms and conditions of replacement are indicated in the technical data sheet. It is understood that, where transport is included in the package, in application of art. 944 of the Navigation Code, the replacement will only be possible with the consent of the carrier.
  • In the event that the traveller should request any changes to the booking within a period of no more than 7 calendar days from the date scheduled for departure, the Operator, acting exclusively as an intermediary / seller, will reserve the right to handle this request in accordance with availability at the time with the organiser and / or tour Operator that composed the package, both in terms of rates and accommodation, without any obligation to maintain the conditions already booked.

If the traveller needs to change one or more elements after the booking has been confirmed, he/she shall immediately give notice by e-mail to reservations@vacanzedigital.com. Upon receipt of the request, the Organiser will be forwarded with the type of change requested.

These changes do not oblige the intermediary / seller in cases where they cannot be met, since they will be handled in accordance with the availability of the organiser. In any case, all requests for changes to the reservation will result in a fixed charge of € 50.00 for the Traveller, which is non-refundable in the event of cancellation.

It is specified that if the changes relating to: change of hotel complex, start date of stay, airport / port of departure, reduction / increase in the number of participants and / or length of stay are accepted by the organiser, the same will be be considered as withdrawal of the traveller and the conditions set out in art. 10 (Withdrawal of the Traveller) will therefore apply.

Any changes in rates and accommodation as a result of the requested changes will be communicated to the traveller in writing by e-mail. If the traveller does not agree with the proposal and requests the cancellation of the reservation, this latter manifestation of will will be understood as full cancellation (see Article 10 - Withdrawal of the Traveller).

13. Post-booking changes

  • Booking confirmation. The booking will be considered definitively confirmed only upon receipt of payment of the price, credited to the bank account in the name of Vacanze Digital s.r.l. within the established terms, except for errors and omissions. Failure to comply with the deadlines will result in the cancellation of the booking, in the event that the deadline for payment of the balance is not met, the booking will be cancelled by applying the penalties provided for in art. 10 Withdrawal of the Traveller.
  • Technical booking errors. Vacanze Digital s.r.l. as an intermediary / seller will notify the traveller of any errors due to technical faults in the booking system.
  • Stop sale. Certain offers published by Vacanze Digital s.r.l. may be subject to limited availability and / or to reconfirmation by the Organiser.

In all cases of confirmed bookings, Vacanze Digital S.r.l. reserves the right to communicate to the customer any variation in price or availability which are the consequence of a unilateral modification by the organiser on some essential conditions (room type, ancillary services, transport , price, availability) known in the technical time elapsing between the confirmation of the traveller's booking and the sending of the confirmation to the organiser. In such cases and in any case within 4 working days from the booking confirmation, Vacanze Digital S.r.l. will communicate any price adjustment to the traveller, recognising the latter’s right to accept any changes or withdraw from the booking, without charges and / or penalties being charged to him/her and with refund, in his/her favour, of the amount paid as deposit and / or balance.

14. Travellers' obligations

Without prejudice to the obligation to promptly report a lack of conformity, as provided for in art. 11 paragraph 2, travellers must comply with the following obligations:

  • For the rules relating to the expatriation of minors, please refer expressly to what is indicated on the website of the State Police. However, it should be noted that minors must be in possession of a personal document valid for travel abroad, i.e. a passport or, for EU countries, an identity card valid for expatriation. With regards to the exit from the country of minors under the age of 14 and for those for whom the Authorization issued by the Judicial Authority is required, the prescriptions indicated on the website of the State Police must be followed. http://www.poliziadistato.it/articolo/191/.
  • Foreign nationals should find the corresponding information through their diplomatic representations in Italy and / or their respective official government information channels. In any case, before departure, travellers should check the update with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115) adapting to the rules before the trip. In the absence of such verification, no responsibility for the non-departure of one or more travellers can be attributed to the intermediary or the organiser.
  • Travellers must in any case inform the intermediary and the organiser of their nationality at the time of the booking request for the tourist package or tourist service and, at the time of departure, they must definitively ensure that they are in possession of vaccination certificates, an individual passport and any other document valid for all the countries covered by the itinerary, as well as residence and transit visas and health certificates that may be required.
  • Furthermore, in order to assess the socio-political and health security situation and any other useful information relating to the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the traveller shall be responsible for obtaining official information of a general nature from the Ministry of Foreign Affairs, and disseminated through the Farnesina institutional website www.viaggiaresicuri.it The above information is not contained in the T.O.'s catalogues - online or on paper - since they contain descriptive information of a general nature as indicated in Article 34 of the Tourism Code and not temporarily changing information. Therefore, the same must be assumed by the travellers.
  • If on the date of booking the chosen destination or its immediate vicinity result, according to the institutional information channels, locations subject to a "warning" for security reasons, the traveller who after his or her departure should exercise the withdrawal cannot invoke, for the purposes of exemption from the reduction of the claim for compensation for the withdrawal made as well as the full reimbursement of the payments made for the package, the loss of the contractual cause related to the security conditions of the country.
  • Travellers must also comply with the rules of normal prudence and diligence and with the specific ones in force in the countries of destination of the trip, with all the information provided to them by the organiser, as well as with the regulations, administrative or legislative provisions relating to the tourist package. . Travellers will be held liable for all damages that the organiser and / or the intermediary may suffer as a result of their failure to comply with the obligations indicated above, including the costs necessary for their repatriation.
  • The traveller is required to provide the organiser with all the documents, information and elements in his/her possession that are useful for the exercise of the latter's right of subrogation against third parties responsible for the damage and is liable to the organiser for the prejudice caused to the right of subrogation.
  • The traveller will also communicate in writing to the organiser, at the time of the proposal for the purchase and sale of the tourist package and therefore before the organiser sends the booking confirmation of the services, any particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them and that in any case they are the subject of a specific agreement between the traveller and the Organiser (see Article 6, paragraph 1, letter h).

15. Hotel classification

The official classification of hotels is provided in the catalogue or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided.

In the absence of official classifications recognised by the competent Public Authorities of the EU member Countries to which the service refers, or in the case of structures marketed as a "Tourist Village", the organiser reserves the right to provide in the catalogue or in the brochure its own description of the accommodation facility, so as to allow an assessment and consequent acceptance of the same by the traveller.

16. Liability regime and limitation of liability of the seller / intermediary

  • The organiser is liable for the damages caused to the traveller due to the total or partial non-fulfillment of the contractually due services, whether the same are performed by him/her personally or by third party service providers, unless he/she proves that the event has been caused by the traveller (including initiatives autonomously taken by the latter during the execution of the tourist services) or by a third party of an unforeseeable or inevitable nature, by circumstances unrelated to the provision of the services foreseen in the contract, by a fortuitous event, by force majeure, or by circumstances that the organiser him/herself could not reasonably foresee or resolve, according to professional diligence.
  • The Intermediary with whom the booking of the tourist package has been made is not liable for the obligations relating to the organisation and execution of the trip, but is exclusively and solely responsible for the obligations arising from his or her capacity as intermediary towards the Traveller, as specifically provided for in art. 50 of the Tourism Code including the guarantee obligations set out in art. 47. Therefore, the Traveller shall indemnify and hold the Intermediary harmless from any request, action or claim also made by third parties as compensation for damages related to the organisation and execution of the trip. It is also understood that the Intermediary will not be held responsible nor will he/she be obliged to refund any amount to the Traveller in the event of a supervening impossibility or unforeseen and unexpected event of the Traveller not attributable to the Intermediary or due to a fortuitous event, force majeure, or circumstances that the same Intermediary could not reasonably foresee or resolve, according to professional diligence.
  • Furthermore, the Seller expressly disclaims any liability arising from any malfunctions caused by system errors and / or interruptions (temporary or permanent) of the website: www.en.yesvacanze.com, its application and / or other tools. In the broadest possible interpretation of the laws in force, the Seller shall not be liable for any damage resulting from the use or inability to use the website. The information on the website is provided by the Seller "as is" and is provided, to the fullest extent possible of the laws in force, without any express or implied warranty. The information provided is believed to be accurate, however it may contain errors or oversights. The Seller does not claim or warrant that the functions and applications contained in this website are provided on an ongoing and error-free basis. The Seller does not guarantee that the server and / or the Site are free of viruses or other dangerous elements. The Seller does not warrant that what is published on the website is appropriate and / or available for use in other territories. Access to materials from a territory in which their content is illegal is prohibited. The Seller, in the event of damage resulting from his/her own fault and / or his/her breach of contract, shall only be liable for direct damages, with the exclusion of indirect damages.
  • In any case, the Seller shall not be liable for compensation for any damage that may arise as a result of: unforeseeable circumstances, force majeure, acts or omissions of the Traveller.

17. Limits of compensation and prescription

The compensation referred to in Articles 43 and 46 of the Tourism Code and the relevant limitation periods are governed by what is provided for therein and in any case within the limits established by the International Conventions governing the services that are the subject of the tourist package, as well as by articles 1783 and 1784 of the civil code, with the exception of personal injury that is not subject to a set limit.

  • The right to a price reduction or compensation for damages for changes to the tourist package sales contract or the replacement package expires in two years from the date of the traveller's return to the place of departure.
  • The right to compensation for personal injury expires in three years from the date of the traveller's return to the place of departure or in the longer period provided for compensation for personal injury by the provisions governing the services included in the package.
  • It is, in any case, understood that the seller / intermediary, in the event of damages resulting from its fault and / or contractual breach, shall only be liable limited to for direct damages, with the exclusion of indirect damages. Without prejudice to the provisions of this article as well as of art. 1229 of the Civil Code and other mandatory legal regulations, the total liability of the seller / intermediary will be limited to an amount equal to the amount paid by the Traveller to the seller / intermediary for the purchase covered by the Travel Contract.

18. Possibility to contact the organiser through the seller

  • The traveller may address messages, requests or complaints relating to the execution of the package directly to the seller through whom he/she purchased it, who, in turn, will promptly forward them to the organiser.
  • For the purposes of compliance with the time limits or periods of limitation, the date on which the seller receives messages, requests or complaints referred to in the previous paragraph, shall be deemed to be the date of receipt also for the organiser.

19. Obligation to provide assistance

The organiser shall provide adequate assistance without delay to the traveller in difficulty even in the circumstances referred to in Article 42, paragraph 7, in particular by providing appropriate information concerning health services, local authorities and consular assistance and by assisting the traveller in making long-distance communications and help him/her find alternative tourist services. .

The organiser may charge a reasonable fee for such assistance if the problem is caused intentionally by the traveller or through his/her fault, within the limits of the expenses actually incurred.

20. Cancellation and repatriation costs insurance

If not expressly included in the price, it is possible and advisable to take out, at the time of booking at the organiser's or seller's offices, special insurance policies against costs arising from cancellation of the package, from accidents and / or illness that also cover repatriation costs and for loss and / or damage to luggage.

Pursuant to and for the purposes of art. 47 of the Tourism Code, The organiser and the seller established on the national territory are covered by a professional liability insurance contract in favour of the Traveller for the compensation of damages deriving from the violation of their respective obligations under their respective contracts.

The rights arising from insurance contracts must be exercised by the traveller directly against the stipulating Insurance Companies, under the conditions and in the manner stipulated in the policies themselves, as set out in the policy conditions published in the catalogues or displayed in the brochures made available to Travellers at the time of departure.

21. Claims, complaints and forfeiture

Given that Vacanze Digital S.r.l. operates as an intermediary / seller, in the event of failures or non-fulfillment in the execution of its obligations deriving from its capacity as intermediary / seller, the traveller's complaint must be made promptly and by submitting a written complaint to be sent by e-mail to assistenzaclienti@vacanzedigital.com within the term of the package.

Notwithstanding the above obligation, the traveller must - under penalty of forfeiture of the right to bring any action for compensation - lodge a complaint by sending a registered letter, with acknowledgment of receipt, or by sending a specific report to the pec e-mail address: vacanzedigital@pec.it within and no later than ten working days from the date of termination of the package.

If the traveller encounters significant shortcomings in the execution of the package, the related complaints must be forwarded directly to the organiser / tour operator by submitting a complaint to be sent to the contacts of the organiser / Tour Operator provided in the technical data sheet, so that the organiser, his/her local representative or the tour leader can promptly remedy the situation. As required by art. 18 above, it is noted that it is the right of the traveller to contact Vacanze Digital s.r.l. also in the event of disputes relating to the correct execution of the package, in which case Vacanze Digital s.r.l. will act exclusively as an intermediary and will forward the complaints to the organiser and / or tour operator who is actually responsible, so that the latter can take action directly or through his/her local representative or tour leader to promptly remedy the situation.

22. Applicable law, jurisdiction and ODR (Online dispute regulation)

These General Conditions, as well as the execution of the Seller's obligations relating to the booking and purchase of the Tourist Package, shall be governed by and interpreted in accordance with Italian law.

Any dispute between the parties relating to the interpretation, execution and / or termination of these General Conditions limited to the Seller's liability or contractual breach, shall be settled exclusively by the Court of Lecce, without prejudice to the provisions of art. 66bis of Legislative Decree 6 September 2005, n. 206, and subsequent amendments (Consumer Code). For consumers in the European Economic Area: in the event of complaints, as a preliminary, the provisions of Article 21 above are suggested. In the event that the complaint presented by the Traveller is unsuccessful, the Traveller may send the complaint via the European Commission's dispute resolution online platform "Online Dispute Regulation", by connecting to the following link: http://ec.europa.eu/odr .In the event that any of the provisions or clauses referred to in these General Conditions are null and void, are or become non-binding, this will not determine the nullity, ineffectiveness or invalidity of all the General Conditions. The Traveller therefore undertakes to respect all other valid and effective clauses contained therein.

23. Guarantees to the traveller

Organised tourism contracts are assisted by suitable guarantees provided by the Organiser and by the intermediary travel agent which, for trips abroad and trips taking place within a single country, guarantee, in cases of insolvency or bankruptcy of the intermediary or organiser, the refund of the price paid for the purchase of the tourist package and the immediate return of the traveller, in accordance with the Professional Liability insurance policy indicated at the end of these General Conditions. The identification details of the legal entity which, on behalf of the Organiser, is obliged to provide the guarantee are indicated in the Organiser's catalogue and / or website and may also be indicated in the booking confirmation of the services requested by the traveller. Vacanze Digital S.r.l., for the services offered, is assisted by a suitable insurance policy, right insurance policy against the risk of insolvency indicated at the bottom of these General Conditions, for the civil liability in favour of the consumer for the compensation of damages deriving from the violation of the respective obligations assumed with their respective contracts pursuant to art. 99 of the Consumer Code (Legislative Decree n. 206 of 6 September 2005) as well as pursuant to art. 47, paragraph 1 of Legislative Decree 21/05/18, n. 62.

24. Operational changes

In view of the fact that catalogues containing information on how to use the services are published a long time in advance, it should be noted that the flight times and routes indicated in the acceptance of the proposal to purchase the services may be subject to change as they are subject to subsequent validation. To this end, the traveller must request confirmation of the services from his / her Agency before departure. The Organiser will inform passengers of the identity of the actual carrier within the times and in the ways provided for by Article 11 of EU Reg. CE 2111/2005 (referred to in article 5).

25. Modification of the general conditions

The Seller reserves the right to modify these General Conditions at any time. The Traveller can check the current text of these General Conditions at any time. The Seller reserves the right to make changes and / or updates to the Website and its contents, as already set out in the Legal Notes. The Seller reserves the right, at its sole discretion, to limit, refuse and / or interrupt, in whole or in part, access to the Website, or any part thereof, by any User.

26. Information on specific acceptance of clauses

The Traveller, by confirming the Booking of the Tourist Package, pursuant to the provisions of the article "Content of the tourist package sale contract and completion" of these General Conditions, declares that he/she has already taken due note of and fully accepts the terms and conditions of the Travel Contract and in particular the provisions of the General Conditions of Contract of Sale of Tourist Packages as well as the catalogue, the travel programme and any other attachments that form an integral part of the Travel Contract. The Traveller is expressly made aware that some clauses of these general conditions of contract will be further referred to and will be subject to specific approval and acceptance by the customer by means of specific consent to be expressed with a specific "double click" at the time of the request for a quotation and / or booking confirmation, confirming both the specific acceptance, pursuant to and for the purposes of articles 1341 and following of the civil code, and the following clauses: Articles 5 (Content of the contract of sale and completion), 8 (Payments), 7 (Prices and variations), 9 (Modification or cancellation before departure), 10 (Withdrawal of the Traveller), 11 (Obligations of the Traveller and timeliness of complaint), 12 (Transfer of the travel package contract to another traveller), 13 (Post-booking changes), 14 (Traveller's obligations), 16. (Liability regime and limitation of the liability of the seller), 17 (Limits to compensation and prescription), 21 (Claims, complaints and forfeitures), 22 (Applicable law, jurisdiction and ODR (online dispute regulation), 25. (Modification of the General Conditions)

COMPULSORY COMMUNICATION PURSUANT TO ART. 17 OF LAW 38/2006

Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if they are committed abroad.

INFORMATION ART. 13 AND 14 EU REGULATION N. 2016/679 SO-CALLED GDPR (PERSONAL DATA PROTECTION)

The processing of personal data, the provision of which is necessary for the conclusion and execution of the contract, is carried out pursuant to art. 13 and 14 of EU Regulation no. 2016/679 so-called GDPR in paper and digital form. The data will only be communicated to the suppliers of the services included in the tourist package or of the single tourist service. The customer may at any time exercise his/her rights (Articles 13 and 14 of EU Regulation no. 2016/679 so-called GDPR) by contacting the data controller: Vacanzedigital s.r.l. Via Bologna, 2 - 73039 - Tricase (LE) assistenzaclienti@vacanzedigital.com. In any case, the complete Information Notice will be available at the following link: https://www.en.yesvacanze.com/privacy

ADDENDUM GENERAL CONDITIONS OF SALE OF SEPARATE TOURIST SERVICES

Contracts offering the transport service only, the accommodation service only, or any other separate tourist service (hereinafter referred to as the Travel Service), since they cannot be considered as negotiated travel arrangements or tourist packages, do not enjoy the protections provided in favor of travellers by the European Directive 2015/2302.

Travel Services do not fall within the scope of Tourist Packages as their choice is structured on the Site, so that it is up to the Traveller to combine, according to his or her specific needs, the destination of the stay, the date, the facility (formula, category, location, etc.) and any excursions or insurance policies, being able to choose from a wide range of combinations. Vacanze Digital S.r.l. verifies the availability of its suppliers to advertise and sell their products on the Website and subsequently makes the same products accessible to the Consumer. This document defines the conditions prepared by Vacanze Digital S.r.l. for the discipline for the purposes of the purchase on the site by the Consumer, of the single Travel Services. In order to proceed with the booking and purchase of the Travel Services, the client / tourist / user is required to read and accept expressly and in full, by ticking the appropriate box or clicking on the hypertext link provided for this purpose, the General Conditions of Sale as well as any special conditions applicable to individual Travel services. In the absence of acceptance of the General Conditions of Sale and the special conditions applicable to individual Travel services, it will not be possible to confirm the booking and purchase of these services. The General Conditions of Sale applicable to the sale of services are those published on the site on the date of purchase and displayed and accepted during the purchase process, as well displayed in the customer area at the time of booking confirmation.

TECHNICAL DATA SHEET 2021 VACANZE DIGITAL S.R.L.

Pursuant to the provisions of Directive (EU) 2015/2302:

  • 1. Travellers will receive all essential information about the package prior to the conclusion of the tourist travel contract. .
  • 2. There is always at least one professional responsible for the proper execution of all tourist services included in the contract.
  • 3. Travellers are provided with an emergency telephone number or the details of a contact point through which they can reach the organiser or travel agent.

Technical organisation: Vacanzedigital Srl - Via Bologna, 2 - 73039- Tricase (LE) - Mail: administrative license n.0079508 of 27/10/2020 issued by Comune di Tricase

  • Professional Liability Insurance: Vacanzedigital S.r.l. has an insurance policy no. 1/72444/319/176176973 taken out with Unipol Assicurazioni S.p.a. for civil liability towards the consumer pursuant to art. 99 of the Consumer Code (Legislative Decree No. 206 of 6 September 2005).

Validity of publications: from 1/02/2021 to 01/02/2022

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