SPECIFIC CONDITIONS FOR STAY-ONLY SERVICE AND/OR PACKAGE TOURS INCLUDING STAY
The organizer, VIAGGI DEL GENIO di Turismo Sostenibile SRL is registered with the Livorno Chamber of Commerce no. 151058 and has operating license category A unlimited no. 91/35/A. V, issued by the Province of Livorno on 31/10/2011 to operate as a TOUR OPERATOR and Travel and Tourism Agency.
PEC (certified electronic mail): firstname.lastname@example.org
The „General Conditions of Sale of Tourist Packages“ determine the „Contract“ between Viaggi del Genio di Turismo Sostenibile SRL and the Traveler and apply to each Travel Package sold by Viaggi del Genio di Turismo Sostenibile SRL or by its brands (scuoladinatura.it, activetraveltuscany.com, appartamentisoladelba.it, parcoarcipelago.info).
The Travel Contract of a package tour consists of:
– the conditions of sale
– the description of the service and/or program found on the site or, in the case of a request for a tailor-made program, was sent by the staff of Viaggi del Genio
– the confirmation of the services booked by the Traveler.
Confirmation of any service implies that the Traveler(s) (defined as each participant listed in the reservation) has read and accepted both the conditions of sale described below and the Travel Contract contained in the program and sales proposal.
Tourist packages. The notion of tourist package is as follows: „Tourist packages have as their object travel, vacations, „all-inclusive“ circuits, tourist cruises, resulting from the combination, by whomever and howsoever realized, of at least two of the following elements, sold or offered for sale at a flat rate price: a) transportation; b) accommodation; c) tourist services not ancillary to transportation or accommodation referred to in Art. 36 that constitute for the satisfaction of the tourist’s recreational needs, a significant part of the „tourist package“ (Art. 34 Cod. Tur.). The tourist is entitled to receive a copy of the contract of sale of tourist package (drawn up pursuant to and in the manner set forth in Art. 35 Cod. Tur.). The contract constitutes a title to access the Guarantee Fund referred to in Article 21 below.
Individual tourist services. Contracts having as their object the offer of only the service of transportation, stay, or any other separate tourist service, not being able to be configured as negotiated cases of travel organization of tourist package, are governed by the following provisions: Tuscany Regional Law 16/1994 and. 42/2000, Law 1084/7 of 27/12/77 (CCV) art. 1. no. 3 and no. 6; art. 17 to 23; art. 24 to 31.
Start and end of stay. Apartments are handed over from 5 p.m. on the day of arrival and must be vacated no later than 9 a.m. on the day of departure.
Type of facilities. Studio apartment: single room with living area, kitchenette, bathroom; two-room apartment: double or twin room, living room with kitchenette, bathroom; three-room apartment: 2 double or twin rooms, living room with kitchenette, bathroom; four-room apartment: 3 double or twin rooms, living room with kitchenette, bathroom; villa/villetta: independent housing unit with outdoor space. Apartments cannot be occupied by more people than stated at the time of booking. No accommodation will be delivered in case of non-compliance with this rule.
Security Deposit. It is compulsory to pay, upon arrival, a security deposit, as a guarantee against possible damages, which, after verification, will be returned at the end of the stay. For apartments it is € 150.00 for studios and two-room apartments, € 250.00 for three-room and four-room apartments, and € 450.00 for villas.
Prices. Prices shown are based on market conditions existing at the time of scheduling. Should factors occur that would change the conditions set forth, the Tour Operator reserves the right to make any consequent changes. Should an overall increase in price in excess of 10% occur, the Client may withdraw from the contract without penalty, provided that he/she gives written notice to the T.O. no later than 2 working days after receipt of the notice regarding the increase.
However, the established price may not be increased in the 20 days prior to the scheduled departure date. The services included are expressly indicated in the T.O.’s confirmation. All services not mentioned as well as drinks and extras in general are excluded.
For hotels, prices quoted are per person per day in a double room; in supplements and reductions for extra beds, years of age are understood to be not completed. For residences and apartments the prices indicated are per unit referring to the number of occupants indicated as included in the price formulation and for a minimum period of one week. For certain apartments in high season a minimum period of two weeks may be required.
Reservations and Payment. Acceptance of reservations is subject to availability of seats and is considered finalized upon written confirmation by the T.O. Upon booking, written confirmation must be sent accompanied, no later than 7 days, by a deposit equal to 30% of the total amount of the planned expenditure, plus booking fees. In case of delay, the reservation will be considered cancelled. The balance of the full amount must be paid 20 days before the start of the stay. Failure on the part of the T.O. to collect the aforementioned payments on the stipulated dates constitutes an express termination clause of the contract, such as to result in the cancellation of the reservations, without prejudice to compensation for further damages suffered by the T.O. Any delay to the aforementioned deadline could result in a different offer of accommodation and, at the very least, the material impossibility of sending the documents (conditional on receipt of the balance within the stipulated time) for travel and/or stay. In the case of booking stays beginning within thirty days of confirmation, the balance must be paid upon confirmation. The sending of the travel documents is conditional on the receipt of the balance by the Organizing Office, within the terms stipulated in Article 2.
Cancellations – Interruption of stay – Complaints. In the event of cancellation by the Client for any cause whatsoever, he/she will be required to pay the following penalties: 10% of the amount of the entire stay in case of cancellation communicated up to 30 days before the beginning of the stay, 25% from 29 to 16 days before the beginning of the stay, 50% from 15 to 9 days before the beginning of the stay, 75% from 8 to 3 working days (excluding Saturdays) before the beginning of the stay, 100% after these terms. Interruption of the stay does not give rise to any form of refund. Registration fees and ticket costs (to be paid at the same time as they are issued) for ferries are non-refundable. In the event of any complaints regarding the services received, the Client is requested to make immediate contact with the T.O., confirming in writing any disputes within 24 hours in order to make a timely and effective remedy. The Client may also make a written complaint inherent in the inconveniences already complained of during the stay by sending a registered letter to the organizer or seller no later than 10 working days from the date of return to the place of departure. The Court of Livorno is competent for any dispute.
Assignments and variations. A customer who is unable to take advantage of the booked trip may assign his or her reservation to a person who meets all the conditions required for the trip by giving written notice no later than 4 working days before the start of the stay. The transferring traveler and the transferee are jointly and severally liable for payment of the total price. In case of impediments due to force majeure or other causes beyond the control of the T.O. that would not allow the assignment of the object of the reservation to the Client, the T.O. reserves the right to assign an alternative accommodation with similar characteristics. The Client must notify the T.O. in writing of his or her choice to cancel or take advantage of the proposed alternative accommodation within 2 days of receipt of the notice of change, which is otherwise deemed accepted. Failure by the Client to accept any changes will result in the cancellation of the reservation with only the T.O.’s obligation to refund the amount paid.
Insurance and Liability. For all services offered in the programming, the T.O. acts only as an intermediary between the clients and the various service providers, thus not assuming any obligation on its own. The T.O., as Organizer, has taken out pursuant to art. 20 of DLg 111/95 and Tuscany Region Law nr. 42/2000 insurance policy nr. 998A1251 (Zurich 09.01.2012) Clients who want truly comprehensive coverage in case of cancellation of the trip can take out a cancellation policy that covers 100% of the penalties without deductible and age limits, net of registration fees.
Obligation of care. VIAGGI DEL GENIO di Turismo Sostenibile SRL has a customer service guaranteed by an office located on the island of Elba at the arrival of the ferries. The organizer is obliged to provide the measures of assistance to the consumer, imposed by the criterion of professional diligence, exclusively with reference to the obligations incumbent on it by provision of law or contract. The organizer is not liable to the consumer for the seller’s failure to fulfill its obligations.
Production and technical organization. VIAGGI DEL GENIO di Turismo Sostenibile SRL; Cap 57037 PORTOFERRAIO (Island of Elba – Tuscan Archipelago National Park) P.Iva 01708200496 C.C.I.A.A. Livorno nr. 0151058 Authorization no. 2310 of 18.01.2012 Province of Livorno. The published proposals are prepared in accordance with the provisions of LR 42/2000 Regione Toscana. The contract is subject, notwithstanding any clause to the contrary, to the provisions of the Conventions referred to in Article 3 of the aforementioned law (C.C.V.) and the provisions of Directive 90/314/EEC.