GENERAL CONDITIONS
OF SALE OF TRAVEL PACKAGES
These conditions are an integral part of the travel contract, together with the description of the travel package contained in the catalogue, or in the separate travel program, as well as the estimate and booking confirmation of the services requested by the tourist / traveller. By signing the proposal for the sale of a travel package, the tourist / traveller must bear in mind that he confirms that he has read and accepted, for himself and for the subjects for whom he requests the booking of the travel package, the travel contract composed of the documents above specified.
1. SOURCES OF LAW
The sale of travel packages is governed by the Legislative Decree no. 79 of 23 May 2011 (the “Code of Tourism”) – (Articles 32-51nonies) – and its subsequent amendments, as well as by the European Union Directive 2015/2032 on package travel and related services, as implemented by the Legislative Decree 62/2018, which amended the Code of Tourism.
2. DEFINITIONS
For the purposes of this agreement, the following definitions shall apply:
a) organizer: anyone who combines and sells or offers for sale packages, either directly or by means of, together with, another professional;
b) trader: the professional other than the organizer who sells or offers for sale packages combined by organizer;
c) traveller: anyone who is seeking conclude, agree upon, or is authorized to travel on the basis of a travel package agreement;
d) catalogue: information relating to a travel package – as defined in the following article 4 – displayed on the website www.pugliacycletours.com, or in other documents or communications of Puglia Cycle Tours;
e) estimate: the document or communication through which, Puglia Cycle Tours communicates to the customer, following the request of the latter, the price of the chosen travel package;
f) professional: any natural or legal person who, regardless of whether it is a public or private entity, acts within the framework of his commercial, industrial, artisan or professional activity, including by means of any other person acting in his name or on his behalf, as an organizer, trader, a professional facilitating related travel services, or as a travel services provider.
3. CONCEPT OF TRAVEL PACKAGE
The definition of travel package is the following: “combination of at least two different types of travel services for the purpose of the same trip or holiday such as
(I) carriage of passengers;
(II) accommodation, which is not intrinsically part of carriage of passengers and is not for residential purposes or for long term language courses;
(III) rental of cars, other motor vehicles within the meaning of the Ministerial Decree of April 28, 2008 or motorcycles requiring a Category A driving licence in accordance the Legislative Decree n.2 of January 16, 2013; and
(IV) any other travel service not intrinsically part of a travel service within the meaning of points 1, 2, 3, and which is not a financial or an insurance service for the purpose of the same trip or holiday, if one of the following conditions occurs: a) these services are combined by one single professional, including at the request of, or in accordance with, the selection of the traveller before a single contract regarding all services is concluded;
b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are:
b.1) purchased from a single point of sale and those services have been selected before the traveller agrees to pay;
b.2) offered, sold or charged at an all-inclusive or total price;
b.3) advertised or sold under the term ‘package’ or under a similar term;
b.4) combined after the conclusion of a contract by which a professional entitles the traveller to choose among a selection of differ- ent types of travel services or, purchased from separate professionals through linked online booking processes, where the traveller’s name, payment details and e-mail address are transmitted from the professional with whom the first contract is concluded to another professional or professionals and a contract with the latter professional or professionals is concluded at
the latest 24 hours after the confirmation of the booking of the first travel service (art. 33, letter c) Code of Tourism). The traveller has the right to receive a copy of the travel package sale agreement (drafted pursuant to, and in accordance with the provisions of article 36 of the Code of Tourism) and this copy may also be provided to the traveller in digital format. The agreement gives the right to access the guarantee fund referred to in the successive art. 20.
4. OBLIGATORY INFORMATION – TECHNICAL SHEET – INFORMATION FORM
During the pre-contractual phase, the information form provided for in art. 34, paragraph 1 of the Code of Tourism and prepared pursuant to the models attached to such code was made available to the traveller. The technical sheet is attached to this agreement.
5. BOOKINGS
The booking request must be drafted on the appropriate contract form, also in an electronic format, must be completed in its entirety and also signed with digital signature or by filling in the complete name by the traveller. Acceptance of bookings is considered completed, and the agreement is thus signed, only when the organizer will send confirmation, also online, to the traveller or the trader. The indications relating to the travel package which are not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer to the traveller – also by e-mail – in fulfillment of its obligations, in good time before the beginning of the travel (Article 34 and 36 of the Code of Tourism). Special requests concerning the terms of supply and/or the execution of certain services contained within the travel package, including the need for airport assistance for people with reduced mobility, the request for special meals on board, or during the holiday resort, must be done during the booking request phase, subject to a specific agreement between the traveller and the organizer.
6. PAYMENTS
A down payment of 25% of the total amount is required when booking; the final instalment is due a month before your arrival or during the booking process if your arrival is within a month after booking. Non-payment of the amount above results in the early termination of the contract pursuant to the article 1456 of the Civil Code.
7. PRICE
The price of the travel package is provided for in the agreement, with reference to what is specified in the estimate and valid for the same period of time as indicate in the estimate. Pursuant to art. 39 of the Code of Tourism the price may be varied – by increasing or decreasing it – up to 20 days before the departure and only as a consequence of changes in:
• transportation costs, depending on the cost of fuel or other energy sources;
• rights and taxes on certain types of travel services included in the package and set by third parties not directly involved in the execution of the package, such as levies, landing fees, boarding or disembarkation in ports and airports;
• exchange rates applied to the package in question.
For these changes, reference will be made to the exchange rates and costs mentioned above, in force as of the date of publication of the program as reported in the technical data sheet, or on the date reported in any of the updates referred to above.
In any case, the price cannot be increased in the 20 days preceding the departure and the change cannot be higher than 8% of the original price. The price is composed of:
a) registration fee or file management fee;
b) membership fee: shown in the catalogue or in the quotation of the package provided to the traveller;
c) administrative and file management costs of the organizer and / or trader. The price of additional services sold by voucher is inclusive of commissions, and of administrative and file management expenses of the organizer and/or trader;
d) paying through PayPal entails a 4,5% fee on the overall amount.
8. MODIFICATION OR CANCELLATION OF THE TRAVEL PACKAGE BEFORE DEPARTURE AND WITHDRAWAL
A. Modification of the travel package
The Organizer reserves the right to unilaterally adjust the terms of the agreement, other than the price, if such amendment is not important. Communication to the traveller is made in a clear and precise way through a durable medi- um, such as the e-mail.
Before departure, the organizer or trader who needs to significantly amend the main features of the travel package as referred to in Article 34, paragraph 1, letter a), or is not able to satisfy the specific requests referred to in Article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8%, gives immediate notice in writing – also by e-mail – to the traveller, specifying the type of variation and the price alteration that it follows.
The traveller may, within 2 (two) working days from the communication of the amendment
by the organizer / trader, accept the proposed modification, or withdraw from the agreement without paying withdrawal costs and request the refund of the amounts already paid, such refund to take place without inexcusable delay, and in any case, within fourteen days from the withdrawal from the agreement. Lacking any express communication within the aforementioned term, the proposal of the organizer is considered accepted.
B. Withdrawal of the Traveller
In the event of unavoidable and extraordinary circumstances occurring at the place of desti- nation or in its immediate surrounding area and having a substantial impact on the execution of the package or on the transport of travellers to- wards the destination, the traveller has the right to withdraw from the agreement before using the package, without paying withdrawal costs, and to the full refund of the payments done for the package, but is not entitled to additional compensation.
If it is suddenly impossible for the traveller to use the package, he/she does not have the right to withdraw without penalties, the traveller being able to guarantee himself against the economic risk connected to such case of withdrawal from the contract by executing a specific insurance policy. Except as for the cases explicitly indicated in this article, the traveller will have the right to withdraw from the agreement at any time before the beginning of the trip, without prejudice to the obligation to pay the costs / cancellation fees as indicated below – regardless of the down payment referred to in art. 6 – in addition to the individual cost of file management. In the case of pre-established groups, these amounts will be agreed from time to time upon signature of the agreement.
C. Withdrawal penalties
The day of cancellation is excluded, and instead the day of departure is included.
Pursuant to art. 41, comma 2, of the Code of Tourism, the following penalties are agreed in case of withdrawal (the day of cancellation is excluded, and instead the day of departure is included):
• Cancellations between 60 and 31 days prior to arrival, 10% of the total booking
• Cancellations between 30 and 15 days prior to arrival, 30% of the total booking
• Cancellations between 14 and 9 days prior to arrival, 50% of the total booking
• Cancellations between 8 and 3 days prior to arrival, 75% of the total booking
• Cancellations between 3 and 0 days prior to arrival, 100% of the total booking
Such amounts must be paid also by the persons who cannot carry out the trip due to lack or irregularity of the expatriation documents required. If the traveller does not show up at the booked Hotel or decides to interrupt the trip or the sojourn already started, no refund shall be granted.
The cancellation of the trip shall be valid only if is communicated in writing.
D. Cancellation by the organizer
The organizer may withdraw from the travel package contract and offer the traveller the full refund of the payments done for the package, but he is not required to pay additional compensation if:
(I) the number of persons registered in the package is lower than the minimum agreed in the contract and the organizer communicates to the traveller the withdrawal from the agreement within the deadline set in the agreement, and in any case no later than twenty days before the beginning of the package in case of trips lasting more than six days, than seven days before the start of the package, for trips lasting two to six days, than forty eight hours before the beginning of the package, in the case of trips lasting less than two days.
(II) the organizer is not able to implement the agreement due to unavoidable and extraordinary circumstances and communicates
the withdrawal to the traveller without undue delay, before the beginning of the package. For cancellations other than those referred to in the previous paragraph, the organizer who cancels, will return to the traveller, through the travel agent, a sum equal to twice the amount paid and actually collected by the organizer. The amount representing the refund will never be higher than twice the amount for which, up to date, the traveller would be debtor according to the provisions of this article concerning penalty for withdrawal, if he were to cancel.
E. Withdrawal for distance contracts
Pursuant to art. 41, paragraph 7, of the Code of Tourism, we inform you that in the distance contracts or in off-premises contracts (as defined by article 45 of the Legislative Decree 206/2005 – Consumer Code), the traveller has right to withdraw from the package travel contract within a period of five days from the date in which it receives the booking confirmation, without penalty and without giving any reason. In the case of offers with significantly lower tariffs than current offers, the right of withdrawal is excluded. In such latter event, the exclusion of the right of withdrawal is highlighted in the documentation provided to the traveller during the pre-contractual phase.
9. CHANGE OF BOOKING
The decrease in the number of persons and the request to change the date of departure, made within 30 days before the departure are considered as a withdrawal and therefore are subject to the cancellation penalties indicated above. Changes requested by the traveller for booking already accepted do not oblige the organizer in cases in which such requests cannot be satisfied.
10. CHANGES AFTER THE DEPARTURE
If, after the departure, the organizer is unable to provide for any reason whatsoever an essential part of the services included in the contract, and this does not depend on a specific circumstance due to the traveller, the organizer will have to provide for the traveller alternative solutions, without any price supplements, or must reimburse him within the limits of the difference between the originally forecasted services and those performed.
If no alternative solution is possible, or the solution provided for by the organizer is rejected by the traveller for proven and justified reasons, the organizer will provide without any surcharge, transport means equivalent to the one provided for the return to the place of departure or to the different place agreed upon, compatibly with the availability of the vehicle and of the seat and will reimburse him to the extent of the difference between the cost of the services forecasted and that of the services performed up to the time of early return.
11. SUBSTITUTIONS
The renouncing traveller can be substituted by another person as long as:
a) the organizer is informed in writing at least 7 days before the date fixed for departure by receiving simultaneously the personal information of the incoming party;
b) the substitute fulfils all the conditions for the use of the service (pursuant to Article 38 of the Code of Tourism) and in particular the requirements relating to the passport, visas and health certificates;
c) the same services or other replacing services can be provided following the substitution;
d) the organizer is reimbursed of all the additional expenses incurred for proceeding with the substitution, to the extent calculated to the assignor before the assignment.
The assignor and the assignee are jointly liable for the payment of the balance of the price as well as the amounts referred to in letter d) of this article.
12. OBBLIGATIONS OF THE TRAVELLERS
During the negotiations and in any case before the signature of the agreement, Italian citizens are provided in writing with general information – updated as of the date of communication of the estimate – concerning health obligations and the documentation necessary for expatriation.
Foreign citizens will find such information through their diplomatic representations located in Italy and / or the respective official government information channels. In any case, before departure, travellers will check the update with the competent Authorities and shall comply with such updates before the trip. In the absence of such verification, no liability for the missed departure of one or more travellers may be attributed to the intermediary or to the organizer.
Passengers must be equipped with an individual passport or other document valid for all countries of the tour, as well as with transit and stay visas and health certificates that may be required. They must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of desti- nation of the travel, with all information provided to them by the organizer, as well as with the regulation and with administrative or legislative provisions relating to the travel package.
In order to evaluate the social / political situation, health safety and other useful information concerning the destination countries and, therefore, the actual usability of the services purchased or to be purchased, the traveller will have the burden of obtaining the official information of a general nature at the competent Authorities.
Such information is not contained in the catalogues and / or in the documentation provided by the organizer since they contain general descriptive information as indicated in art. 34 Code of Tourism and not information which changes periodically. Such information must therefore be obtained by the traveller. If, at the booking date, the chosen destination is not recommended by the institutional information channels for security reasons, the traveller who subsequently exercises the right of withdrawal cannot appeal to the default of the contractual cause connected to the security conditions of the country, for the purposes of the exemption or reduction of the indemnification request for the withdrawal exercised.
The traveller will also communicate in writing to the organizer, at the time of booking, the particular personal requests that may be subject of specific agreements on travel arrangements, provided that, it is possible to implement them. The traveller is always required to inform the trader and the organizer of any special needs or conditions (including but not limited to, pregnancy, food intolerance, disability) and to explicitly specify the request for related personalized services.
The traveller will be liable for any and all damages that the organizer or trader should suffer due to the breach of the traveller’s obligations under this agreement.
Pursuant to art. 51quinques, second paragraph of the Code of Tourism, the traveller is obliged to provide the organizer or trader with all documents, information and elements in its possession, useful for the exercise by the trader of the right of subrogation towards third parties liable for the event which has generated damages, indemnity, price reduction or other remedy provided by the organizer or trader in favour of the traveller. The traveller is liable towards the organizer or the trader for any damage caused to the right of subrogation.
13. HOSPITALITY CLASSIFICATION
The official classification of hotel facilities is provided in the catalogue or in other informative material only on the basis of the express and formal indications of the competent authorities of the country where the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the countries also members of the EU to whom the service refers, the organizer reserves the right to provide in the catalogue its own description of the accommodation, such as to allow an evaluation and consequent acceptance of the accommodation by the traveller.
14. LIABILITY REGIME
The organizer is liable for the execution of the travel services provided for in the travel package contract, regardless of whether these travel services are to be provided by the organizer himself, by his auxiliaries or persons appointed by the organizer when acting in the exercise of their functions, by third parties with which it collaborates or by other travel service providers, pursuant to art. 1228 of the Italian Civil Code.
The trader via which the travel package has been booked is not liable, under any circumstances, of the obligations arising from the organization of the trip, but is solely liable for the obligations arising from its qualification as an intermediary. If one of the travel services is not performed according to the travel package contract, the organizer shall remedy to the lack of conformity, taking into consideration the extent of the lack of conformity and the value of the travel services affected by the defect, unless such remedy is impossible or excessively burdensome, If the organizer does not remedy the defect, the traveller is entitled to a reduction of the price as well as to a compensation for the damage he has suffered as a result of the lack of conformity, unless the organizer demonstrates that the lack of conformity:
(I) is attributable to the traveller or to a third party which does not participate in the provision of travel services; or
(II) is unavoidable or unpredictable or is due to extraordinary and unavoidable circumstances. If the organizer does not remedy the lack of conformity within a reasonable period established by the traveller in his complaint, the traveller can personally remedy the defect and request refund of necessary, reasonable and documented expenses. If a lack of conformity constitutes an important non-fulfilment and the organizer has not remedied after the timely claim carried out by the traveller, in consideration to the extent and the characteristics of the package, the traveller can terminate the contract with immediate effect, or ask – if necessary – a price reduction, besides any compensation of damages.
However, the exemptions pursuant to art. 43 paragraphs 1 and 3 of the Code of Tourism shall apply for cases in which, the failure or incorrect execution of the contract is attributable to the traveller or is due to an unpredictable or inevitable act of a third party, unrelated to the provision of services, or is due to unavoidable and extraordinary circumstances.
15. LIMITS OF REDRESS
The compensation pursuant to art. 43 of the Code of Tourism and the related expiration periods, are governed by the provisions provided for therein and in any case within the established limits, by the International Conventions governing the services that are included in the travel package, as well as by articles 1783 and 1784 of the Italian Civil Code.
The right to the price reduction or to the compensation for damages due to the variations of the travel package contract or of the replacement package expires in two years starting from the date of the traveller’s return to the place of departure. The right of compensation for personal injury expires in three years from the date of return of the traveller to the place of departure or in the longer period provided for compensation of personal injury by the provisions governing the services included in the package.
The maximum limit that can be reimbursed is 3 times the total price of the package; this limitation does not apply to cases of personal injury, and to damage caused with intent and / or due to the fault of the organizer or trader.
16. OBLIGATION OF ASSISTANCE
The organizer is required to provide assistance to the traveller as provided for by art. 45 of the Code of Tourism, in particular by providing information on health services, local authorities and consular assistance. The organizer can demand payment of a reasonable price for such assistance if the problem underlying the need for assistance is intentionally caused by the traveller or by his own fault.
17. CLAIMS AND COMPLAINTS
Any failure in the performance of the contract must be challenged by the traveller to the organizer – either directly or through the trader – promptly (taking into account the circumstances) and during the travel so that the organizer, its local representative or the tourist guide can promptly remedy it. If not challenged, the compensation for damages will be reduced or excluded pursuant to art. 1227 of the Italian Civil Code. For the purpose of observance of the terms or periods of expiration of the right, the date on which the trader receives messages, requests or complaints as per the previous paragraph, is considered as the date of receipt also for the organizer.
18. ALTERNATIVE DISPUTE RESOLUTION MEANS
Pursuant to and for the purposes of art. 67 of the Code of Tourism, the organizer may propose to the traveller – in the estimate, in the documentation, on its own website or in other forms – alternative means of resolution of the disputes that arose. In such case, the organizer will indicate the type of alternative resolution proposed and the effects that such choice entails.
19. PROTECTION IN CASE OF INSOLVENCY OR FAILURE (Article 47 Code of Tourism)
Pursuant to art. 47, paragraphs 2 and 3 of the Code of Tourism, the contracts of organized travel are supported by suitable insurance policies or bank guarantees, which, for trips to any country (including Italy), ensure, in cases of insolvency or bankruptcy of the trader or organizer, the refund of the price paid for the purchase of the package and the immediate return of the traveller in the event that the package includes the transportation of the traveller, as well as, if necessary, the payment of food and accommodation before return.
The purchasers of the travel package sold pursuant to this agreement enjoy the guarantees referred to in art. 47 of the Code of Tourism through the adhesion of Puglia Cycle Tours srl to the Fondo di Garanzia Viaggi S.r.l. (Fund for Warranty of Travel S.r.l.) based in Rome, Via Nazionale 60 (www.garanziaviaggi.it), whose contact details have been brought to the knowledge of the traveller.
ADDENDUM OF THE GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TRAVEL SERVICES
A) REGULATORY PROVISIONS
Contracts relating only to the offer of the transport service, or the holiday, or any other separate travel service, can’t be configured as a case of travel organization or travel package, hence do not enjoy the protections offered by the Directive (EU) 2015 / 2302 and of the Code of Tourism (Articles from 32 to 51nonies) and are governed by the specific provisions related to the sale of the single service subject of the contract. The trader who undertakes to procure a disaggregated travel service to third parties, also through internet, is required to issue to the traveller the documents relating to this service, which illustrate the sum paid for the service and cannot, in any way, be considered as an organizer.
B) CONTRACT CONDITIONS
To such agreements relating only to the offer of the transport service, or the holiday, or any other separate travel service, the following clauses of the general terms and conditions of sale contract for the above mentioned travel packages are also applicable: art. 5 (bookings); art. 6 (payments), art. 7 (price); art. 12 (obligations of the travellers); art. 15 (limits of redress), art. 17 (claims and complaints). The application of these clauses does not cause the classification of the relative agreement as a type of travel package. The wording of the aforementioned clauses relating to the travel package contract, should therefore be understood with reference to the corresponding figures of the contract for the sale of individual travel services.
ADDITIONAL CONDITIONS
REQUIREMENTS OF PARTICIPANTS
Each participant must be in a psychophysical state that allows him / her to carry out and complete the itinerary of the chosen holiday. People suffering from serious diseases, physical and mental disorders, diseases that need special care, must communicate it to the trader or the organizer during the booking phase, which in case of incompatibility with the level of difficulty of the holiday, can refuse the registration to the trip. For group tours, failure to comply with this rule may cause the exclusion during the holiday at the discretion of the tourist guide.
BICYCLES
Each participant will receive a bicycle with a padlock. The traveller will be obliged to use and keep this bicycle carefully for the duration of the holiday, in order to return it free of damage and in the same condition in which has received it, except as for normal wear and tear. In the event of theft (regardless of the closure or not of the lock) or irreparable damage, the traveller will be required to pay the organizer the full cost of the bicycle; depending on the the model, this cost ranges from € 400,00 for the hybrid bike and from € 1.500,00 for the electric bike/ road bike. The rent of a new bike for the rest of the holiday will be fully paid by the traveller.
Compensation is also required in the event of theft or damage of the supplied accessories (e.g. locks, child seats, children’s hangers, side bags, helmets …). The amount varies depending on the accessory and will be quantified by the organizer.
SPECIAL MEALS AND DIETS
Special diets (habits and / or allergies and serious intolerances) should be indicated in the booking form and are always subject to the availability of restaurateurs.
No refund is foreseen for meals not used for different reasons (including, but not limited to, time change or flight delay, optional excursions).
NB: The request for special menu (see above) shall apply to the entire duration of the trip, for all meals included in the fee.
EXCURSIONS, GUIDED TOURS AND MUSEUMS
For reasons not due to the organizer, excursions and scheduled visits may be cancelled or the order may be changed. If possible, they will be replaced with other visits. The costs of the entrances described in the individual programs are only indicative and are subject to change. The visits indicated as “guided” are carried out with the support of a local guide.
• For example: ongoing religious services, change of hours / days of visit, high tourist flow, causes of force majeure.
MANDATORY COMMUNICATION
Pursuant to Article 16 of Law 269 of October 3, 1998. The Italian law punishes with imprisonment crimes related to prostitution and child pornography, even if such crimes are committed abroad.
PRIVACY
Personal data acquired for the purpose of booking / implementation of the travel package will be processed by Puglia Cycle Tours S.r.l., the controller, in paper and electronic form, for the purpose of finalizing and executing the agreement with the customer/data subject. The provision of data is necessary for the execution of the contract. The data will be communicated only to the suppliers of the services included in the travel package, including but not limited to, hotels and insurance companies, as this is necessary for the purpose of the performance of the agreement by Puglia Cycle Tours, or for third parties who provide organizational support for Puglia Cycle Tours (e.g. accountant). The traveller, may at any time, exercise the rights provided from articles from 15 to 21 of the GDPR – that is the right of access, of updating, of rectification, of erasure, of blocking of data and right to data portability, by contacting Puglia Cycle Tours at the email info@pugliacycletours.com.
TECHNICAL DATA SHEET
Technical organization: Puglia Cycle Tours srl
out the activity of TRAVEL AGENCY & TOUR OPERATOR in Putignano (Ba), Via S. Giacomo 20, valid Administrative Authorisation of the district of Bari with Decree no. PG 0019134 of 14.02.2017; fiscal code and registration at Bari Companies Register no. 07973400729.
Insurance guarantee: UnipolSai Insurance, no. 1/53050/319/151331220.
All prices are in Euro.
