GENERAL CONDITIONS OF SALE
These General Contract Conditions govern the online sale of tourist services and supplementary tourist services offered by the website www.venice-exclusive.com, in compliance with: Articles 32 – 51 novies of Legislative Decree 23 May 2011, n. 29 and ss. mm. (hereinafter the “Tourism Code” or “CdT”), of the Civil Code regarding transport, service contract and mandate, where applicable, and the Navigation Code (R.D. March 30, 1942 n. 327).
The Site is owned by the company REGINA0826 S.R.L.S. – VIA SANDRO GALLO 164, 30126 VENEZIA (VE) – REA: VE – 434267- VAT: 04623120278 – C.soc.int.v .: 100.00, Pec firstname.lastname@example.org, mail email@example.com .
REGINA0826 S.R.L.S. and all third party organizers which the same may use for the sale of the services referred to in this contract are authorized to perform their respective activities according to current legislation.
All purchases of services made by the Traveler through the Site are governed by these General Conditions, in the version that will be published at the time the order is sent.
The conditions can be modified by the Owner without notice. These changes will be effective from the day of their publication on the Site.
For the purposes of these conditions of sale, pursuant to art. 33 CdT, is meant by:
a) “tourist service”: 1) the transport of passengers; 2) accommodation which is not an integral part of passenger transport and is not intended for residential purposes or for long-term language courses; 3) the rental of cars, other motor vehicles pursuant to the decree of the Minister of Infrastructure and Transport of 28 April 2008, published in the Official Gazette of the Italian Republic no. 162 of 12 July 2008, or motorcycles that require a category A driving license, pursuant to Legislative Decree 16 January 2013, n. 2; 4) any other tourist service that is not an integral part of one of the tourist services referred to in numbers 1), 2) or 3), and is not a financial or insurance service;
b) “supplementary tourist service”: ancillary services such as, among others, the transport of baggage provided as part of the transport of passengers; the use of paid parking spaces in stations or airports; passenger transport over short distances on the occasion of guided tours or transfers between an accommodation facility and a travel station by other means; the organization of entertainment or sporting activities; the provision of meals, drinks and cleaning provided within the framework of the accommodation; the use of bicycles, skis and other facilities of the accommodation or access to on-site facilities, such as swimming pools, beaches, gyms, saunas, wellness centers or spas, including for hotel guests; any other typical supplementary service also according to local practice;
c) “tourist package”: combination of at least two different types of tourist services for the purpose of the same trip or vacation, if at least one of the following conditions is met: that these services are combined by a single professional, even at the request of the Traveler o in accordance with its selection, before a single contract for all services is concluded; such services, even if concluded with separate contracts with individual tourist service providers, are: I) purchased at a single point of sale and selected before the Traveler agrees to payment; II) offered, sold or billed at a flat rate or global price; III) advertised or sold under the name “package” or similar name; IIII) combined after the conclusion of a contract with which the professional allows the Traveler to choose from a selection of different types of tourist services, or purchased from distinct professionals through connected online booking processes where the name of the Traveler, the details of the payment and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or these latter professionals is concluded at the latest 24 hours after the confirmation of the reservation of the first service tourist;
d) “connected tourist service”: at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual tourist service providers, if a The professional facilitates, alternatively: I) at the time of a single visit or a single contact with his own point of sale, the separate selection and separate payment of each tourist service by travelers; II) the targeted purchase of at least one additional tourist service at other professional when this purchase is concluded within 24 hours from the confirmation of the booking of the first tourist service;
e) “Traveler”: anyone who intends to conclude or stipulate a contract or is authorized to travel on the basis of an organized tourism contract;
f) “Professional”: any public or private natural or legal person who, in the context of his commercial, industrial, craft or professional activity, acts, in organized tourism contracts, including through another person acting in his name or on his behalf , as an Organizer, Seller, professional who facilitates related tourist services or as a supplier of tourist services, in accordance with current legislation;
g) “Organizer”: the professional who combines packages and sells them or offers them for sale directly or through or together with another professional;
h) “Seller”: the professional other than the Organizer who sells or offers for sale combined packages by an Organizer.
2. Object of the contract
This contract relates to the purchase and sale of tourist services (including transfers), supplementary tourist services, tourist packages, as well as related tourist services.
The aforementioned services are sold by the company REGINA0826 S.r.l.s. and can be provided either directly by the company itself, or by third party organizers who operate on the Site after a specific agreement. All messages, requests or complaints relating to the execution of the package can be sent by the Traveler directly to the Seller or to the Organizer.
In addition to these general conditions, the description of the tourist package contained in the Site, or in the separate program, as well as the booking confirmation of the services requested by the Traveler, together with the documents referred to in art. 36, paragraph 8, CdT (receipts, vouchers and necessary tickets, information on the scheduled departure time and the deadline for acceptance, as well as the times of intermediate stops, connections and arrival).
REGINA0826 S.r.l.s. makes known, before the conclusion of the contract, the details of the insurance policy to cover the risks deriving from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the Organizer and the Seller, each within its own competence .
In signing the tourist package purchase and sale proposal, the Traveler expressly declares to have understood and accepted, for himself and for the subjects for which he requests the services, the travel contract as governed therein by these general conditions.
3. Pre-contractual information
The services sold through the Site are complete with the pre-contractual information required by art. 34 of the CdT.
REGINA0826 S.r.l.s. will also provide the Traveler with the standard information form referred to in Annex A – part 1 CdT.
4. Selection and purchase procedure
The Services offered on the Site can be booked by selecting and indicating:
– day, time, number of participants for the tours;
– route, day, number of participants and luggage for transfers.
The dates available for booking will be marked in green, while those in red are not bookable.
The selected services will be included in the virtual shopping cart. To make the reservation of the Products placed in the cart, the Traveler will be asked to provide their data in order to complete the order.
The registered traveler, whenever he places a new order, is required to confirm the data entered during registration on the site. If the data indicated in the order are different from those provided previously, the Traveler will be asked to indicate the updated data, in addition to the billing address and a telephone number where they can be contacted for any communications relating to the purchase made.
The Traveler will see a summary of the order, of which he can modify the contents.The same, therefore, after careful reading, must expressly approve these General Conditions and the form Annex A – Part I, by means of the appropriate check mark on the Site and finally, through the “Buy” button, the Traveler will be asked to confirm his order.
The Traveler will also be asked to choose the payment method among those available – credit card, debit card, PayPal – and will be required to communicate the relevant data via a secure connection. With regard to data relating to credit card payments, it makes use of the services of banking companies that adopt technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web
therefore, the company REGINA0826 S.r.l.s. cannot be held responsible in cases of violation and acquisition of data from unauthorized parties.
For accounting and administrative needs, the Seller reserves the right to verify the details indicated by the Traveler.
Once the purchase order has been submitted, the Traveler will receive an email from the Site certifying that the purchase order has been received and containing information relating to the main characteristics of the Products purchased, a detailed indication of the price, applicable taxes and means of payment and containing a reference to the General Conditions and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.
5. Conclusion of the contract
The successful completion of the selection and purchase phase of the services does not constitute the conclusion of the contract, but is to be understood as a purchase proposal addressed to the company REGINA0826 S.r.l.s ..
The acceptance of the service sale proposal is considered completed, with the consequent conclusion of the contract, only when the Seller sends the relative confirmation by e-mail to the Traveler, to the e-mail address indicated by the latter at the time of booking.
The tourist package purchase proposal must be completed using the appropriate form on the site, completed in its entirety and confirmed by the customer, who will receive a copy by e-mail at the time of conclusion.
Special requests on the methods of delivery and / or execution of certain services that are part of the tourist package, including the need for assistance for people with reduced mobility, the request for special meals on board or in the resort, must be advanced during the of booking request and be the subject of a specific agreement between the Traveler and the Organizer.
6. Price and billing
The price of the service is determined in the contract, with reference to what is indicated on the Site.
The price shown refers to a single service and depends on the number of people for whom it is purchased, unless otherwise established by the Site.
The price is inclusive of VAT and any other tax and / or duty. The price of the services described may undergo periodic changes or updates without notice, in order to improve the service for the Traveler.
After receiving the payment REGINA0826 S.r.l.s. will issue an invoice in the name of the customer within the terms of the law. Unless otherwise requested by the Traveler, the invoice will be sent by email.
7. Modification or cancellation of the contract
The Seller reserves the right to modify the price of the service and the conditions of this contract if the modification is necessary for factors of no small importance.
The change will be communicated without undue delay to the Traveler in a clear and precise way by e-mail.
If the changes to the contract result in a service of lower quality or cost, the Traveler will be entitled to a reduction in the price. Within 3 days, the Traveler can accept the proposed change or withdraw from the contract without charge. In this case, the Organizer may offer the Traveler a replacement package of equivalent or higher quality. If the Traveler does not accept the replacement service within the next 3 days, the Organizer will refund the payments received.
In case of non-departure of the vehicles used due to technical reasons such as breakdowns, particular hydrometric conditions of the canals or tides or in any case due to force majeure, the company REGINA0826 S.r.l.s. has the right to cancel bookings.
The Traveler can choose whether to postpone the booking, subject to checking availability, or request a refund.
8. Right of withdrawal
The Traveler has the right to withdraw from the tourist package contract within five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information if later, without penalty and without giving any reasons.
The Traveler may also withdraw from the contract at any time before the start of the package, upon reimbursement to the Seller of the expenses incurred, adequate and justifiable.
The Traveler, for navigation services or travel packages of a maximum of one day, must pay REGINA0826 S.r.l.s the following penalties: 50% of the total amount if the cancellation is received up to 15 days before departure; 75% of the total amount if the cancellation is received up to 7 days before departure; Full amount of the excursion after this deadline or in case of no-show.
In any case, no reimbursement will be granted to those who do not show up at the start or give up during the performance of trip, or to those who will present themselves in the absence or absence of the required documents.
The Traveler, before the start of the package, has the right to withdraw from the contract in the event of unavoidable and extraordinary circumstances occurring in the place of destination or in its immediate vicinity and with a substantial impact on the execution of the package or on the transport of passengers to the destination. , without paying withdrawal costs and with reimbursement of payments made, but without any right to additional compensation.
The Organizer may withdraw from the contract and offer the Traveler full reimbursement of payments made, without any additional compensation, if:
– the number of people registered in the package is less than the minimum required by the contract and the Organizer communicates the withdrawal from the contract to the Traveler within 15 days and in any case no later than forty-eight hours before the start of the package in the event trips lasting less than two days;
– The Organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the Traveler without undue delay before the start of the package.
Any refunds due will be made by the Organizer / Seller within fourteen days of withdrawal, after deducting the appropriate expenses.
9. Substitutions and transfer of the tourist package to another traveler
The Traveler, upon prior notice given to the Organizer by email no later than seven days before the start of the package, can assign the contract to a person who satisfies all the conditions for using the service.
10. Obligations and responsibilities of the Traveler
The Traveler is required to ensure that the data entered is true, complete, updated and to promptly communicate any changes thereto. In the event that false declarations are made, the company REGINA0826 S.r.l.s. reserves the right to exclude these subjects from its user lists.
The Traveler promptly informs the Organizer, directly or through the Seller, of any lack of conformity found during the execution of a tourist service provided for in the contract.
The Traveler is unquestionably subject to the disciplinary powers of the captain of the boat for all matters relating to safety on board. In the opinion of the Commander on board, the chosen route may undergo variations imposed by particular environmental conditions, hydrometric conditions or situations occurring during navigation.
Seats on board are not numbered. The transport of animals is not allowed unless closed in a cage; it is not allowed to carry luggage other than small baggage such as hand bags.
Baggage and / or personal items travel at the risk and peril of the participants, the company REGINA0826 S.r.l.s. in no case can it be held responsible for any loss or damage.
11. Obligations and responsibilities of the Organizer
The Organizer is responsible for the execution of the tourist services provided for in the contract, regardless of whether such tourist services are provided by the Organizer itself, by its auxiliaries or persons in charge when acting in the exercise of their functions, by third parties whose work it uses. or from other tourism service providers, pursuant to article 1228 of the Italian Civil Code.
REGINA0826 S.r.l.s. cannot be held responsible for the sudden and unexpected closure of villas, churches, places mentioned in the program as well as for travel delays or interruptions caused by problems dependent on the public administration or by sudden orders to close navigation, inherent in the opening maneuvers of the hollows or bridges or roads. In this case, the company will do its best to allow the excursion to be completed with the consequent use of other means or alternative routes.
If one of the tourist services is not performed as agreed in the tourist package contract, the Organizer remedies 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 Organizer does not remedy the problem, the Traveler can personally remedy the defect and request reimbursement of the necessary, reasonable and documented expenses
If a lack of conformity, pursuant to Article 1455 of the Italian Civil Code, constitutes a non-fulfillment of not insignificant importance of the tourist services included in a package and the Organizer has not remedied it, the Traveler may, without charge, resolve by law and with the contract will have immediate effect or, if necessary, ask for a price reduction, without prejudice to any compensation for damages.
In case of termination of the contract, if the package included the
transport of passengers, the Organizer also provides for the return of the Traveler with an equivalent transport without undue delay and without additional costs for the Traveler.
Where it is impossible to ensure the return of the Traveler, the Organizer bears the costs of the necessary accommodation, where possible of a category equivalent to what was provided for in the contract, for a period not exceeding three nights per Traveler or for any longer period provided. by the legislation applicable to the relevant means of transport.
If due to unexpected circumstances not attributable to the Organizer it is impossible to provide, during the execution, a part
substantial, in terms of value or quality, of the combination of tourist services agreed in the tourist package contract, the Organizer offers, at no extra cost to the Traveler, adequate alternative solutions of quality, equivalent or higher where possible, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the Traveler to the place of departure is not provided as agreed. If the proposed alternative solutions involve a service of lower quality than that specified in the tourist package contract, the Organizer grants the Traveler an adequate price reduction.
The Traveler may reject the alternative solutions proposed only if they are not comparable to what was agreed in the contract or if the price reduction granted is inadequate. If it is impossible to arrange alternative solutions or the Traveler rejects the alternative solutions proposed, the Traveler is entitled to a reduction in the price.
The Organizer provides adequate assistance without delay to the Traveler who is in difficulty by providing appropriate information regarding health services, local authorities and consular assistance and assisting the Traveler in making remote communications and helping him find alternative tourist services. The Organizer may demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the Traveler or through his fault, within the limits of the costs actually incurred.
12. Seller’s liability regime. Disclaimer of Liability.
The Seller is responsible for the execution of the mandate given to him by the Traveler with the travel brokerage contract, regardless of whether the service is rendered by the Seller himself, by his auxiliaries or persons in charge when they act in the exercise of their functions or by third parties whose opera avails itself, as the fulfillment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
The Seller is not responsible for booking errors attributable to the Traveler or due to unavoidable and extraordinary circumstances.
REGINA0826 S.r.l.s .:
– assumes no responsibility for any damage resulting from the use, or incorrect use, of the service provided through the Site or for errors or omissions within the Site whose contents may contain inaccuracies of any kind or typing errors;
– reserves the right to a continuous update of the Site at any time and does not guarantee that the services offered through the Site will be provided without interruption and declines any responsibility towards the Traveler, or third parties, for direct or indirect damages (such as, by way of example, the loss of profits, revenues, commercial opportunities) arising from or in relation to a product provided through the Site, or from the use or inability to use the same;
– assumes no responsibility for inefficiencies attributable to unforeseeable circumstances or force majeure, such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that may prevent, in whole or in part, from carrying out within the time agreed in the contract;
– will not be liable for damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned causes, possibly having the Traveler only entitled to a refund of the price paid. Without prejudice to cases of willful misconduct or gross negligence, the right to compensation against the Supplier cannot exceed the price of the products purchased by the Traveler and for which the dispute has arisen.
In any case, the compensation for damages suffered by the Traveler cannot in any case be higher than triple the total price of the package, except for personal injury or damage caused intentionally.
13. Alternative dispute resolution tools and competent court
For any dispute concerning the execution, interpretation or resolution of the present contract, the parties are obliged to resort to the Online Dispute Resolution (ODR) procedure, provided for by the European Commission, and reachable at the following link: https://webgate.ec.europa.eu/odr/.
In case of lack of agreement, the Court of Venice will have exclusive jurisdiction.
14. Mandatory communication pursuant to article 17 of law no. 38/2006.
“Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad”.
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts relating to the offer of the transport service only, the accommodation service only, or any other separate tourist service, not being able to be configured as a negotiating case of travel organization or tourist package, are governed by the following provisions of the CCV (international convention relating to the travel contract): art. 1, no. 3 and n. 6; articles from 17 to 23; articles 24 to 31 (limited to the parts of these provisions that do not refer to the organization contract) as well as other agreements specifically referring to the sale of the single service covered by the contract. The Seller who undertakes to procure a disaggregated tourist service to third parties, even electronically, is required to issue the tourist the documents relating to this service, which show the sum paid for the service and cannot in any way be considered Organizer. of travel.
B) CONDITIONS OF CONTRACT
The clauses of the general conditions of the contract for the sale of tourist packages listed above are also applicable to these contracts.
The application of these clauses does not determine the configuration of the related services as a case of a tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (Organizer, trip, etc.) must therefore be understood with reference to the corresponding figures in the sales contract of individual tourist services (Seller, stay, etc.).
VALIDITY OF THE CATALOG AND PROGRAMS EXPOSED ON THE SITE: from 23.02.21 for one year
PRE-CONTRACTUAL INFORMATION FORM
pursuant to Article 34 of the Tourism Code – Legislative Decree 79/2011 (ANNEX A – Part I of Legislative Decree 62/2018)
Standard information form for tourist package contracts
The combination of tourist services that is proposed to you is a package pursuant to Directive (EU) 2015/2302, implemented in Italy with Legislative Decree 21.5.2018, n. 62, which amended the articles. 32-50 of Legislative Decree 79/2011 (Tourism Code). Therefore, you will benefit from all EU rights that apply to packages. The Organizer of the trip (as defined by Article 32, paragraph 1, letter i of the Tourism Code) will be of the company, and is fully responsible, pursuant to art. 42 of the Tourism Code, of the correct execution of the package as a whole. The Seller and Organizer of the package (as defined by art. 32, paragraph 1, letter l of the Tourism Code) is the REGINA0826 S.R.L.S. – VIA SANDRO GALLO 164, 30126 VENEZIA (VE) – REA: VE – 434267- VAT: 04623120278 – C.soc.int.v .: 100.00. mail firstname.lastname@example.org, Pec email@example.com
In addition, as required by law, the Organizer / Seller mentioned above has a protection to reimburse your payments and, if transport is included in the package, guarantee your repatriation in the event that they become insolvent.
Fundamental rights under Directive (EU) 2015/2302 For more information on fundamental rights under Directive (EU) 2015/2302.
1. The traveler will receive all the complete information relating to the package by consulting the program, useful information, suggestions relating to insurance and the conditions for participation in trips published in the catalogs and on the website www.venice-exclusive.it.
2. There is always at least one professional responsible for the correct execution of all tourist services included in the contract.
3. Travelers are given an emergency telephone number or the details of a contact point through which they can reach the organizer or travel agent.
4. Travelers may transfer the package to another person, upon reasonable notice and possibly afterwards payment of additional costs.
5. The package price may only be increased if specific costs increase (for example, fuel prices, transportation fees and taxes, changes in exchange rates, introduction of new taxes by local authorities) and if expressly provided for in the contract and, in any case, no later than 20 days from the start of the package. If the price increase is more than 8% of the package price, the traveler can terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a
price reduction if there is a decrease in the relevant costs.
6. Travelers can terminate the contract without paying termination fees and obtain full reimbursement of the payments if any of the essential elements of the package, other than the price, have changed substantially. If, before the start of the package, the professional responsible for the package cancels the package, travelers are entitled to obtain reimbursement and, if applicable, compensation.
7. Travelers may, in exceptional circumstances, terminate the contract without paying termination fees prior to the start of the package, for example if there are serious and serious security problems at the destination that may affect the package. In addition, travelers may at any time, before the start of the package, withdraw from the contract upon payment of standard penalties as indicated in the travel participation conditions or, failing that, the appropriate and justifiable ones calculated pursuant to art 41, paragraph 1 of the Tourism Code.
8. If, after the start of the package, substantial elements of the package cannot be provided as agreed, suitable alternative solutions must be offered to the traveler, at no additional cost. Travelers can terminate the contract, without paying termination fees, if the services are not performed as agreed and this significantly affects the execution of the package and the organizer has not remedied the problem.
9. Travelers are also entitled to a price reduction and / or compensation for damages in the event of failure or non-compliant execution of the tourist services.
10. The organizer is required to provide assistance if the traveler is in difficulty.
11. If the organizer or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organizer or, where applicable, the seller becomes insolvent after the start of the package and if transport is included in the package, the repatriation of the travelers is guaranteed. The Organizer mentioned above has signed a protection in the event of insolvency through ………………………………………………… ..
Travelers can contact this body or, where appropriate, the Ministry of Cultural Heritage and Activities and Tourism – Directorate General of Tourism, Italian competent authority pursuant to art. 48, paragraph 2 of the Tourism Code (headquarters Via del Collegio Romano 27 – 00166 Rome – tel. 06 67232131 – e-mail: firstname.lastname@example.org) if the services are denied due to the insolvency of the Organizer or the Seller.
12. The traveler is informed that he can take out insurance coverage that covers the penalties for withdrawal by the traveler or the costs of assistance and return, in the event of injury, illness or death. The covers can be indicated by the Organizer as mandatory for their package offers.
For more information on the fundamental rights of the traveler of travel packages (as defined by art.32, paragraph 1, letter g of the Tourism Code) consult the text pursuant to directive (EU) 2015/2302, and Legislative Decree 21.5.2018, n. 62 of transposition, published on the website www.fiavet.it (documents section) and on the website www.enac.gov.it in the “Passenger rights” section.