These terms and conditions of the organization of package tours (hereinafter the General Conditions) constitute an integral part of each Agreement concluded on a package tour travel agency Palladian Routes Srl, based in Vicenza, Via dei Nani 2, together with the description of the travel package contained in the catalogue, trip notes, or on request of personalize travel program.
When the guest/traveler confirms the purchase of the travel package, he or she has accepted, even on behalf of those who will participate in the travel, the present General Terms and Conditions and any other advice reported in them.
The original language of General Sales Conditions of Palladian Routes is Italian ("Condizioni Generali di Vendita di Palladian Routes"): only the Italian version will prevail in the event of controversy or translation.
1. APPLICABLE LAW
Sale of tour packages as well related services to be provided in Italy or abroad, are governed by the "Tourism Code" (Italian Legislative Decree of 23 May 2011 No 79 - Annex I, Articles 32 - 51-nonies) as integrated by Italian Legislative Decree of 21 May 2018 No 62 and, where suitable by Italian Law No 1084 of 27 December 1977 (Ratification and Implementation of the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970) and by Italian Legislative Decree of 6 September 2005 No 2006 ("Consumer Code").
The venue for all controversies arising out of or in connection with interpretation, application or execution of contractual obligation shall be the Court of Vicenza, Italy
For the purposes of this contract we intend to:
a) agent: anyone who have the role of selling and administering tour packages based on what clients are looking for and what package suits each client best. either directly or or together with another professional;
b) intermediary: a professional who sells or offers for sale packages combined by an agent;
c) traveller: the buyer, the transferee of a tourist package or any person to be named,who is seeking to buy,as per agreed upon, or is authorized to travel as per agreement travel package ;
d) Catalogue and Trip Notes: Catalogue is tour package information displayed on the website and other documents or communications of Palladian Routes;
e) offer: document or communication that will be sent to client following his booking request,with the price of the chosen travel package;
3. CONCEPT OF TRAVEL PACKAGE
The notion of a tourist package is as follows: “The object of a tourist package concerns travelling, holidays, and “all inclusive” itineraries, cruise tourism, resulting from the combination, in whatever and in whichever way carried out, of at least two elements indicated as follows, sold or offered for sale for a fixed sum: a) transportation; b) accommodation; c) tourist services not related to transportation or accommodation of which under art. 36 constitute for the satisfaction of the recreational needs of the tourist, a significant part of “tourist packages” (art. 34 Tourism Code). The tourist is entitled to receive a copy of the contract of sale of the tourist package (prepared in compliance with art. 35 of the Tourism Code).The tourist is entitled to receive a copy of the contract of sale of the tourist package (prepared in compliance with art. 35 of the Tourism Code). The contract constitutes entitlement to the guarantee Fund referred to in art. 21.
4. COMPULSORY INFORMATION – TECHNICAL SHEET
The agent draws up a catalogue, or a brochure program – also in electronic form or a technical file. The compulsory information of the technical file or the program outside the catalogue are:;
– validity period of the catalogue or of the brochure program;
– terms and conditions of the substitution of traveller (art. 39 Tourism Code);
The agent will also include other eventual particular conditions in the technical sheet.
5. PURCHASE PROPOSAL
The booking request must be drawn up on the specific form, also in an electronic format, must be completed in its entirety and than signed filling in the complete name by the traveller. When the agent will send confirmation than acceptance of bookings is considered completed, and the agreement is thus signed to the traveller or the intermediary. All the indications relating to the travel package which are not contained in the contractual documents or other writers will be provided by the agent to the traveller in fulfillment of its obligations, in time before the beginning of the travel even by email as per Article 36 and 37 of the Code of Tourism). All special request must be submitted during booking fase, and only after agent's confirmation them be considered accepted. Also as per art. 32, paragraph 2 of the Tourism Code, in case of contracts concluded at a distance or outside the premises of local businesses the promoter will undertake to communicate the non-existence of the right of withdrawal as seen in art. 64 and following of the D.Legs. 206/2005.
Your booking contract will be refined by making a down payment of 25% of the total amount; The balance is required no more than 30 days before the start of tour.If request and bookings are made less than 30 days before the departure date, the entire balance is payable.
If Tour Operator does not receive the above payments at the due dates, the contract will be automatically terminated pursuant to art. 1456 of the Italian Civil Code.
The price of the package is specified in the contract and references the catalogue or the custom tour plan and subsequent updates thereof, all published in and downloadable from the booking portal. The price may be changed, pursuant to art. 40 of the Tourism Code, up to 20 days prior to departure (this time period includes the notice sending day) only as a result of changes in:
- transportation costs, including the cost of fuel;
- Rights and taxes on certain types of tourist services such as taxes, fees or charges for landing, embarkation or disembarkation at ports and airports:
- Municipal taxes (entry or stay);
- Exchange rates relevant to the package tour.Change cannot be higher than 8% of the original price.
8. CHANGE OR CANCELLATION OF THE PACKAGE TOUR BEFORE DEPARTURE
A. Modification of the travel package: if there will be significant changes to one or more elements of the contract,which are objectively configurable as fundamental, Agent shall be immediately notify at client, indicating the type of change and the new price , email could be used as durable medium..
In case due significantly amend to travel as per Art 34 1.4 or as per Art 36 5.a agent will not be able to satisfy specific client’s request , or increase price of the package is more than 8%, agents gives immediate notice writing ,even by e-mail at traveller, specificing price variation and difference on experience. With reference to this, it is specified that contracting party must inform Palladian Route on or before 2 (two) working days from the advice of the amendment by the agent accept the proposed modification, or withdraw from the agreement without paying withdrawal costs and request the refund of the amounts already paid.Without an express communication on or before 2 working days the proposal of the organizer is considered accepted.
The refund will take place within fourteen days from the withdrawal from the agreement,but not additional compensation.
8. TRAVELER’S WITHDRAWAL
The traveller has the right to withdraw from the contract without incurring penalties of any kind in the following circumstances:
– Increase in the price of the booked holiday greater than 8%;
– in case of unavoidable and extraordinary circumstances (art.3 c. g) occurring at the place of destination or in its immediate vicinity, which have a substantial impact on the execution of the package or on the transportation of passengers to the destination:
Traveller has the right to withdraw from the contract, before the start of the tour, without paying withdrawal expenses, and to full reimbursement of the payments made for the package, but not additional compensations;
If Traveller can’t use the tour, he/she does not have the right to withdraw without penalties. Except as for the cases indicated in this point,, 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.
Withdrawal penalties are considered in case of withdrawal from the travel agreement,in this case the traveller is always required to pay the management fee for the file, equal to €30,00 per person.
As per 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):
• up to 30 days before the beginning of the trip: 20% on the total amount
• from 29 to 21 days before the beginning of the trip: 25% on the total amount
• from 20 to 14 days before the beginning of the trip: 50% on the total amount
• from 13 to 6 days before the beginning of the trip: 80% on the total amount
• in the 5 days before the beginning of the trip: 100% Withdrawal for bicycle and boat tours:
• up to 90 days before the beginning of the trip: 10% on the total amount
• from 89 to 60 days before the beginning of the trip: 40% on the total amount
• from 59 to 30 days before the beginning of the trip: 60% of the total amount; from 29 to 7 days before the beginning of the trip: 85% on the total amount
• in the 6 days before the beginning of the trip: 100% 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 will not show at the booked structure, or decides to interrupt the tour already started no refund shall be granted. The cancellation of the trip must be communicated in writing and only in this case it will be considered valid.
With regard to packages with flight or boat trip included: if the boat / fly ticket has already been bought the penalty must be calculated on the total cost of the holiday, by deducting the cost of the ticket, which will be charged in full.
The agent 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 the agent 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.
As per art. 41, paragraph 7, of the Code of Tourism, we inform you that in the distance contracts or as specified on art 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. BOOKING CHANGES
For amendment to the already accepted booking a fee of € 30 per person will be due, to cover the operational costs. A change of holiday dates, decrease of persons and change on departure date, will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply as per above. Any changes to the original booking must be confirmed in writing..
10. CHANGES AFTER THE DEPARTURE
In case after departure, the agent will be unable to provide an essential part of tour, and his alternative solution are worth less than expected,or refuse by traveller for honest and justified reason, he has to refund the difference between the paid sum and the effective cost of the services provided. Also agent will provide at the return, to go back to the starting point or to another place formerly settled, without any surcharge for traveller.
It will be possible making a substitution after booking with another person as long as:
a) the organizer will be informed 7 days before the date fixed for departure by receiving simultaneously the personal information of the incoming party
and 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 personal ID card; c) same services or substitute services can still be provided following the substitution d) the organizer is reimbursed of all the additional expenses incurred for proceeding with the substitution. The assignor and the assignee are liable balance payment of the price as well as the amounts referred to in letter d) of this article.
12. OBLIGATIONS OF THE TRAVELLERS
Before signature of offer and during the negotiation italian citizens must send, in writing form, general information and health obligations. Foreign citizens need to have individual passport or other document valid for all the countries touched by the itinerary, an entry permit and health certificates if requested. Travellers must besides obey to all the information provided by the Agent,administrative and legislative dispositions concerning the tour.
They must also follow rules of prudence and diligence and with the specific rules in force in the countries of destination of the travel, with all information provided to them by the agent, as well as with the regulation and with administrative or legislative provisions relating to the tour.
Is highly recommended and in charge to the Traveller to evaluate political-social situation, health safety and other useful information concerning the destination countries.
The traveller is always required to inform the agent and the organizer of any special needs or conditions (including but not limited to disability , pregnancy, food intolerance, or allergy ) and to explicitly specify the request for related personalized services.
As per 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 will be responsible of damages that the agent or intermediary should suffer due to the breach of the traveller's obligations under this agreement,he is liable towards the agent/intermediary for any damage caused to the right of subrogation
13. HOSPITALITY CLASSIFICATION
The classification of location and accomodation facilities is provided in the catalogue In case of absence of official classifications, the agent 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
As per art. 45 of the Code of Tourism, the agent will provide assistance to traveller, giving information on health services, local authorities and consular assistance. For this kind of assistance the agent could charge a reasonable price in case responsability for this assistance is caused by traveller negligence
17. CLAIMS AND COMPLAINTS
Any complaint by the client must be communicated in writing to the Agent -either directly or through the trader - promptly (taking into account the circumstances) and as much as possible during the travel so that the agent, 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. In purpose of observance of the terms or periods of expiration date on which the intermediary receives complaint is considered as the date of receipt also for the agent.
18. 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 guarantee, this ensure 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.
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 classifi cation 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 fi gures 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 country and the model, this cost ranges from € 350 to € 600 for the muscle bike and from € 1,000 to € 3,500 for the electric bike/ pedal- assisted 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 country and the accessory and will be quantified by the organizer or the local supplier.
SPECIAL MEALS AND DIETS Meals included in the fee are set menu. 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). For requests subsequent to the already confirmed booking, the costs of file variation will apply; last minute requests will not be accepted. 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 fl ow, causes of force majeure.
TECHNICAL DATA SHEET
Technical organization: Palladian Routes Srl carries out the activity of TRAVEL AGENCY & TOUR OPERATOR in Vicenza, Via dei Nani 2, valid Administrative Authorisation of the district of Vicenza; fiscal code and registration at Vicenza Companies Register no. 04187140241. Insurance guarantee: Europe Assistance Insurance, no. 4122927