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Terms of service

TOURIST PACKAGE CONTRACT PROPOSAL

For the purpose of fulfilling the provisions of art. 36 of the Tourism Code

Holidays and bike srls (Tax Code/VAT no. 03938180134), in the person of the legal representative pro tempore having its registered head office in Guanzate (22070 – CO) Via Monte Bisbino n. 16, in its capacity of tour operator and travel agent, (hereinafter “Organizer”) – through the following Terms and Conditions –  makes the Tourist Package Contract between the Organizer and the Traveller, which must be considered as applicable for any tourist package sold by Holidays and Bike Srls.

Whereas

  1. a) The Traveller has been informed that this contract is ruled by art. 34 subpara. 1 of the Tourism Code, to be considered as fully referenced and transcribed herein, unless expressly waived by different instructions supplied herein (art. 35, subpara. 1 and 2, Tourism Code);
  2. b) the Traveller states that he/she has examined the offered package within the scope of this proposal;
  3. c) the Traveller states that he/she is familiar with and explicitly accepts the general conditions and the technical sheet specifically supplied by the Organizer’s web site;
  4. d) the Traveller acknowledges that the contract will be considered concluded as a result of the acceptance by the Organizer of this proposal;

all this having been stated

It is agreed and stipulated as follows

The preliminary statements form an integral and substantial part of this contract.

  1. General information

1.1 The Traveller has examined all the essential information on the package on the web site before making this contract. In particular: travel destination/s; itinerary; accommodation; dates and number of nights stay; location and classification; meals supplied; visits, trips or other services included in the total package price agreed; minimum number of participants; withdrawal ex art. 41, subpara. V, lett. a) Tourism Code; total price; payment terms;

1.2 Standard withdrawal penalties (art. 41, subpara. 2 Tourism Code):

– 50% of the total price from 16 to 30 days before departure;

– 100% of the total price from 0 to 15 days before departure;

1.3 Insurance Coverage: It is strongly recommended to sign a personal third-party liability insurance and accident policy, mainly for the participants coming from abroad and taken out according to the rules of their own country of origin. Moreover, it is strongly recommended to take out a travel insurance policy to cover any expense due to withdrawal or assistance, including repatriation in case of accident, sickness and death.

  1. Obligation to provide assistance.

2.1 The Organizer must provide adequate assistance to the Traveller in trouble without undue delay. Assistance may mean supplying adequate information on health services, local authorities, consular assistance if the tour should take place abroad. Assistance also concerns the help to serve communication at a distance and it means helping the Traveller to find out alternative travel arrangements.

2.2 The Organizer may charge a reasonable rate for the said assistance if the problem should be intentionally caused by the Traveller or for his/her negligence.

2.3 There is always at least one supervisor who is responsible for the correct performance of all the tourist services included in the contract.

2.4 The Traveller is supplied with an urgency phone number or the data details of a contact point through which to reach the Organizer.

2.5 If some substantial items of the tour can’t be supplied as agreed after the beginning thereof, H&B undertakes to offer the Traveller suitable alternative solutions.

  1. Transfer of the travel package to another traveller

3.1. After serving a reasonable prior notice in writing to the Organizer before the beginning of the package, the Traveller may transfer the travel contract, all inclusive, to a person who fulfils all the conditions applicable for this contract (e.g. Visa, passport, health certificates, insurance policies, etc.). Notice must be served no later than seven days before the beginning of the package. The Traveller is made aware that any replacement is subject to the possibility for the Organizer or its suppliers to supply the same services or other services as a result of the replacement.

3.2 The transferor and the transferee are jointly responsible for the coverage of all costs, including any administrative and operating costs relative to the preparation of the replacement.

3.3. The Organizer must inform the transferor on all the transfer costs, which may neither be unreasonable nor exceed the expenses actually borne by the Organizer as a result of the replacement.

3.4 If the Traveller should request for the variation of a contractual item or tourist service already confirmed and provided that the said variation is possible and it doesn’t imply the conclusion of a new contract, the Traveller must pay all administrative and operating expenses as well as any cost that may derive from the said modification in favour of the Organizer.

  1. Price variations

4.1. The price of the package may be increased only if specific costs should increase (by way of example and without being limited thereto: fuel price, toll price) and if explicitly established by the contract and, anyway, no later than 20 days before the beginning of the tour mentioned by the package.

4.2. Irrespective of its extent, a price increase will be possible only if the Organizer informs the Traveller in a clear and understandable manner with a justification of the said increase and a calculation, on a durable medium, no later than 20 days before the before the beginning of the package and provided that the increase should not exceed 8% (eight) of the tourist package price or the following clause will apply.

4.3. In case of a price decrease, the Organizer is entitled to withhold the administrative expenses relative to the price decrease, with details to be supplied upon the Traveller’s request.

  1. Terms for modification or cancellation before departure

5.1 Pursuant to article 39 of the tourist contract, the Organizer is entitled to modify the conditions of the package only if it doesn’t affect the price; this right to modify is clearly stated in the original contract and only if the modification is negligible. Any amendment must be made known to the Traveller in a clear and understandable manner, on a durable medium.

5.2. If, before the beginning of the package, the Organizer is: – obliged to considerably modify anyone of the main features of the travel services pursuant to art. 34, subpara. 1.a of the Tourism Code, i.e. – can’t fulfil the specific requirements pursuant to art. 36, subpara. 5a, or – must increase the package price by over 8% pursuant to article 39, subpara. 3 of the Tourism Code, the Traveller may act as follows within a reasonable period specified by the Organizer:

  1. a) accept the proposed modification;
  2. b) terminate the contract without paying any penalty.

5.3 The Organizer will inform the Traveller in a clear and understandable manner, on a durable medium, without any undue delay, on:

  1. a) any proposed modification and, if necessary, their impact on the package price;
  2. b) a reasonable period, within which the Traveller must inform the Organizer on his/her decision;
  3. c) the consequences of the Travellers’ failure to reply by the term as per item b), according to the applicable national laws; and
  4. d) where applicable, the offered substitute package and the relative price.

5.4 If any amendment to the tourist package contract or to the substitute package proposed by the Organizer should imply a package of poorer quality or lower price, the Traveller will be entitled to an adequate price decrease.

5.5 If the tourist package contract is terminated pursuant to item b) of the first subpara. of para. 6.2 of this article, and the Traveller fails to accept a substitute package, the Organizer will refund all the payments made by or on behalf of the delay pursuant to article 43, para. 2, 3, 4, 5, 6, 7 and 8 of the Tourism Code.

5.6 The Organizer may terminate the tourist package contract and fully refund the Traveller of any payment made for the package, but it will not be liable for any additional compensation for damage if:

  1. a) the number of package participants is below the minimum number established by the contract and the Organizer notifies the Traveller of the contract termination within the period established by the contract, but no later than 20 days before the beginning of the package in case of a travel of more than six days; seven days before the beginning of the package in case of a travel between two and six days; and 48 hours before the beginning of the package in case of a travel of less than two days;
  2. b) The Organizer is unable to perform the services listed in the contract because of inevitable and extraordinary circumstances (force majeure, notices of travel warning against any travel to the listed destinations, etc.) and notifies the Traveller of the contract termination without undue delay before the beginning of the package.
  3. The Traveller’s right of withdrawal

6.1 The Traveller may terminate the tourist package contract at any time before the beginning of the package by paying the cancellation penalty as it is clearly stated by the Organizer’s Terms of Cancellation pursuant to item 1.2.

6.2 If the Traveller stops travelling without any reasonable cause or justification on the Organizer’s services, the Traveller is not entitled to any refund, nor to be supported with any associated costs he/she might bear.

6.3 The Traveller will not be entitled to any refund if the booked services are rejected by the suppliers for lack of full valid identity documents / visa.

6.4. The date of cancellation will be the one on which the Organizer will receive the Traveller’s notice in writing.

6.5. The Traveller may take out a travel insurance policy to cover any expense due to withdrawal or assistance, including repatriation in case of accident, sickness and death, as it is stated by item 1.3.

6.6 The Traveller is entitled to withdraw from the travel contract before the beginning of the travel without paying any cancellation penalty in case of any inevitable and extraordinary circumstance that may occur in the place of destination or in its immediate proximity and that may considerably affect the performance of the services listed in the travel contract or the transport of passengers to their destination. In case of termination of a tourist package contract according to this paragraph, the Traveller will be entitled to be fully refunded of any payment made for the package, but he/she will not be entitled to any additional compensation for damage.

6.7 The Organizer undertakes to refund of any amount held to be lawful, as listed above, without undue delay and no later than 14 days after cancellation.

  1. Limitations and Exclusions of the refund

7.1 The tourist package contract may imply some restrictions on the compensation for damage due by the Organizer, except for any personal damage, i.e. damage caused intentionally or negligently, provided that the said restriction is not lower than three times the total package price.

7.2 The right to compensation for personal damage must be exercised no later than 3 years after the Traveller’s return from the travel in question.

7.3 If the Traveller stops travelling without any reasonable cause or justification on the Organizer’s services, the Traveller is not entitled to any refund, nor to be supported with any associated costs he/she might bear.

7.4 The Traveller will not be entitled to any refund if the booked services are rejected by the suppliers for lack of full valid identity documents / visa or for any other reason.

7.5 The date of cancellation will be the one on which the Organizer will receive the Traveller’s notice in writing.

  1. Applicable laws

8.1 The sale of tourist packages and relative travel arrangements is ruled by articles 32-51 novies of the so-called “Tourism Code” in compliance with Legislative Decree no. 79 dated 23rd May 2011, as amended by Legislative Decree 62/2018, in implementation of the EU Decree 2015/2302 and its subsequent amendments, as well as by the Civil Code on transport and mandate, where applicable.

  1. The travellers’ obligations

9.1 Before signing the contract, Italian citizens are informed in writing on the health and safety requirements as well as on the documents required for travels abroad.

9.2 For the travels of minors see the site of the State Police. Minors must have a document valid for travels abroad (i.e. a passport) or, for EU countries, a national identity document for travels abroad. Minors under 14 must have the authorisation necessary for travels abroad and the full valid personal documents according to the publications on the site of the State Police: http://www.poliziadistato.it/articolo/191/.

9.3 Non-Italian travellers: before booking any service and before departure, the Traveller must check the health/social/political safety of the destination and make sure that he/she is aware of all sanitary precautions recommended and required in due time before departure, with the authorities. For Italy, this might mean the Ministry of Foreign Affairs through the web site www.viaggiaresicuri.it or by calling +39 06.491115. Foreigners must find their competent authorities alone. The failure to carry out this individual research will involve no liability for any non-departure by one or more than one Traveller.

9.4 Travellers must make their nationality known at the time of booking. Moreover, the Traveller must ensure that he/she has all necessary travel and health documents (such as passport, visas, vaccination and health certificates, personal insurance policies, etc.). Travellers must also check the health/social/political aspect of their destination before departure.

9.5 This information is not supplied by the Organizers’ catalogues, programmes or web sites, which only include general information and they are not subject to any time-sensitive amendment. This information is the Traveller’s duty. The Traveller must observe the administrative and legislative provisions of the Destination as well as the information supplied by the Organizer and the rules on the tourist package. Moreover, the Traveller is obliged to strictly follow the usual rules of safety and due care.

9.6 The Organizer will not be liable for any consequence or service not rendered, arising from either lacking or invalid personal documents, and it will be refunded by the Traveller of any damage or expense deriving from the non-observance of the clauses established by this article. The Traveller is liable for any damage caused by him/her and he/she must indemnify the Organizer, the suppliers of services or any other third party involved in the damage.

9.7 If the Organizer has refunded a Traveller, the latter may be a surrogate, up to the amount of the refund, in all the actions and rights with respect to any third-party; the Traveller must supply the Organizer with any document, information or useful item that may be of use to exercise the rights of the latter with respect to any third-party liable for the damage.

9.8 If the destination implies a danger for safety reasons at the time of booking or it is subject to any negative opinion as it is stated by the authorities, but the Traveller books any way, the Traveller cancelling at a later stage will not be entitled to any refund.

9.9 If the Traveller’s behaviour is causing or might cause a danger, disruption or damage to property or it is constantly affecting the enjoyment of any third party in the reasonable opinion of the Organizer, a hotel manager, a tour guide or any other authorised person, the Organizer reserves the right to interrupt the Traveller’s holiday. When taking part in any sports activity, the Organizer/operator/guide or any other person responsible for the Organizer may require the Traveller to prove his/her skills and it reserves the right to reject the Traveller’s participation for any reason if the Organizer believes that this may compromise the Traveller or anything else with reference to the security of the guests. This may also include the failure to use the equipment suitable for the booked activity.

9.10 In case of disability, the Traveller must make sure with the Organizer that the travel and the services are suitable for his/her personal needs before booking any service.

9.11 Whenever a special request (e.g. diet, position or type of room, type of hotel, etc.) is an important factor for the Traveller to choose his/her holiday, it must be made known to the Organizer at the time of booking. The fulfilment of any special request doesn’t represent any contractual term with the Organizer, unless this is explicitly re-confirmed by the Organizer and included in the contract.

9.12. It is the Traveller’s responsibility to take care of his/her property at any time and to make sure that it is adequately covered by a full insurance policy.

9.13 The Traveller must promptly inform the Organizer or the Seller on any aspect of the contract or services – with reference to which they are in default – that can compromise the correct enjoyment of the services booked according to clause no. 10.2. This may also include a prompt notice to the Organizer if the Travellers believe that bikes are not in perfect working condition.

10 The Organizer’s liability

10.1 The Organizer is liable for the performance of all the tourist services listed in the tourist contract, no matter whether they are supplied directly or by any third-party supplier, pursuant to art. 1228 of the Civil Code.

10.2 The Traveller must inform the Organizer of any non-conformity he/she may perceive during the performance of a tourist service included in the tourist package contract without unjustified delay, considering the circumstances of the case (art. 1175, 1375 Civil Code).

10.3 If any travel service is not performed in compliance with the tourist package contract, the Organizer will find a remedy for the non-conformity, unless this is impossible or it implies disproportionate costs, considering the extent of the non-conformity and the value of the travel services in question. If the Organizer fails to find a remedy for the non-conformity, article 43 T.C. will apply.

10.4 If the Organizer fails to find a remedy for the non-conformity (see item 5 and 6) within a reasonable period established by the Traveller with reference to the characteristics and duration of the tourist package, the Traveller may do it himself/herself and apply for a refund of the necessary expenses provided that they are reasonable and documented. The Traveller is not required to specify a deadline if the Organizer should refuse to find a remedy for the non-conformity or if it is clearly necessary to find a remedy immediately.

10.5 If a considerable portion of the travel services (pursuant to art. 1455 c.c.) can’t be supplied as agreed in the tourist package contract and if the Organizer has failed to suggest any remedy within a reasonable period established by the Traveller, according to the type and length of the package, without prejudice to the provisions of item 12.4, the Traveller may withdraw from the contract or apply for a price decrease pursuant to article 43 of the Tourism Code. If the package includes transport, the Organizer will arrange an equivalent means of transport with no extra charge for the Traveller.

10.6 As long as it is impossible to guarantee the Traveller’s return, as agreed in the tourist package contract, due to inevitable and extraordinary circumstances, the Organizer will bear the cost of the necessary accommodation, if possible of equivalent category, for a period not longer than a three-night stay per Traveller. Whenever a longer period is established by the European Union laws on the passengers’ rights applicable for the means of transport suitable for the Traveller’s return, the said periods will apply.

10.7 The limitation of costs pursuant to article 12.6 is not applicable for people with reduced mobility, as defined by letter a) of article 2 of (EC) regulation no. 1107/2006, and for their companions, for pregnant women not accompanied as well as for people in need of specific medical assistance provided that the Organizer has been informed on their special needs at least 48 hours before the beginning of the package.

10.8 If the Organizer is unable to fulfil an essential portion of the services established by the contract for any reason whatsoever during the travel, except for when the Traveller is deemed to be negligent, the Organizer will take all the actions necessary to supply an adequate alternative, whose quality level is the same as or higher than the one originally booked so as to ensure the regular continuation of the travel with no extra charge for the Traveller. If the alternative is deemed to be of a quality lever lower than the original one, the Organizer will grant the Traveller a corresponding refund.

10.9 The Traveller may refuse to accept the alternative solution/s proposed by the Organizer only if not compatible with the contract or if the price decrease is inadequate.

10.10 If it is impossible to find an alternative solution or the Traveller should reject any alternative solution proposed, he/she will be granted a refund.

  1. Guarantees for the Traveller

11.1 The Organizer is covered by a third-party liability insurance policy against any damage arising from its contractual obligations. In compliance with this article, H&B states that it has signed and it is therefore covered by a third-party liability insurance policy taken out with Vittoria Assicurazioni S.p.A., policy number 767.014.0000902102.

  1. Data protection

12.1 This contract is ruled by GDPR (General Data Protection Regulation), which came into force on 25th May 2018. The complete rules supplied by GDPR are given to the Traveller separately (Annex 1)

  1. Place of Jurisdiction

13.1 This contract is governed by the Italian law only.

13.2 Any dispute, claim or other issue of any kind will be submitted to the Court of Como.

13.3 Compulsory Notification ex art. 17 of Law no. 38/2006 Any crime related to child prostitution and pornography is punishable by imprisonment according to the Italian law.

  1. Alternative procedures for settlement of disputes (art. 36, subpara. 5, letter g of the Tourism Code)

The Organizer will inform the Traveller on how to file a permanent complaint in compliance with the Alternative Dispute Resolution (ADR) according to Legislative Decree 6/9/2005, no. 206 and (EU) Regulation no. 524/2013[1].

[1] For more information on the fundamental rights of the traveller purchasing travel packages (as defined by art. 33, subpara. 1, lett. g of the Tourism Code) see the text according to (EU) 2015/2302 Directive and Lgs.D. 21.5.2018, no. 62 for implementation, published on the www.fiavet.it site (section documents) or on the www.assoviaggi.it site (section “sectoral documentation / regulation” as well as on the www.enac.gov.it site section “the passengers’ rights”.