GENERAL TERMS AND CONDITIONS VALID FOR ONLINE SALES OF TOURIST PACKAGES AND OTHER TOURIST SERVICES BY THE APT
The General Terms and Conditions of Contract included in this section of the website govern the contracts entered into by the user with the Azienda per il Turismo di Trento, Monte Bondone (APT) through the aforementioned platform uploaded on the website www.trento.info for the technical management of bookings of tourist packages and any other tourist services provided by the same.
These General Terms and Conditions may be printed or filed by the user/customer.
Article 1 - EXTRACTS OF THE SERVICE PROVIDER AND SITE MANAGER
1.1 The services covered by these General Conditions are offered and offered for sale by the company Azienda per il Turismo Trento, Monte Bondone Soc. cons. a r.l. (APT) with head office in Trento (TN), Via Torre Verde, 7 P.IVA 01850080225, PEC firstname.lastname@example.org, telephone 0461 216000 - fax 0461 216016.
Art. 2 - DEFINITIONS
2.1 For the purposes of this contract
a) 'user': anyone accessing the platform also for the purpose of concluding booking contracts or sending booking requests for tourist packages or services in the territory of the APT.
b) 'consumer' means a natural person who uses the platform for purposes outside his or her trade, business, craft or profession.
c) "Traveller" means the person who enters into the contract and is authorised to travel under the contract.
d) "professional" means any public or private natural or legal person who, in the course of his or her commercial, industrial, handicraft or professional activity, acts, including through another person acting in his or her name or on his or her behalf, as an organiser, seller, professional, facilitator of related tourist services or provider of tourist services referred to in this contract, within the meaning of the legislation in force.
e) 'organiser' means a professional who combines packages and sells or offers them for sale directly or through or together with another professional.
f) "tourist service": 1) the carriage of passengers; 2) accommodation that does not constitute an integral part of the carriage of passengers and is not intended for residential purposes, or for long-term language courses; 3) the hire of cars, other motor vehicles within the meaning of 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 of motorbikes requiring a category A driving licence, pursuant to Legislative Decree No 2 of 16 January 2013; 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.
g) 'supplementary tourist service' means ancillary services such as, inter alia, the transport of luggage provided as part of passenger transport; the use of paid parking spaces within stations or airports; the transport of passengers over short distances on sightseeing tours or transfers between an accommodation establishment and a station by other means; the organisation of entertainment or sporting activities the provision of meals, beverages and cleaning provided within the scope of the accommodation; the use of bicycles, skis and other facilities at the accommodation or access to on-site facilities such as swimming pools, beaches, gyms, saunas, wellness or spa centres, including for hotel guests; any other supplementary services that are also typical in accordance with local practice.
h) 'tourist package' means the combination of at least two different types of tourist services for the purposes of the same trip or holiday, where at least one of the following conditions is met
- 1 such services are combined by a single professional, even at the request of the traveller or in accordance with his selection, before a single contract is concluded for all the services
- 2. those services, even if concluded under separate contracts with individual suppliers of tourist services, are:
- 2.1 purchased at a single point of sale and selected before the traveller consents to payment;
- 2.2 offered, sold or invoiced at a lump sum or global price
- 2.3 advertised or sold under the name "package" or similar designation; 2.(4) combined after the conclusion of a contract whereby the trader allows the traveller to choose from a selection of different types of tourist services, or purchased from separate traders through related online booking processes where the name of the traveller, the payment details and the e-mail address are transmitted by the trader with whom the first contract is concluded to one or more other traders and the contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service.
i) 'linked tourist service' means at least two different types of tourist services purchased for the purposes of the same trip or holiday, not constituting a package, and involving the conclusion of separate contracts with individual suppliers of tourist services, where a trader facilitates, alternatively 1) at the time of a single visit or a single contact with its point of sale, the separate selection and separate payment of each tourist service by travellers; (2) the targeted purchase of at least one additional tourist service from another trader when that purchase is concluded within 24 hours of the confirmation of the booking of the first tourist service.
j) "Receptive Operator": the tourist operator in the hotel and non-hotel receptive sector located in the tourist area, who accesses the platform by signing a specific contract with the APT.
k) "Extra-accommodation operator": the tour operator in the extra-accommodation sector in the tourism sector who accesses the platform by signing a contract with the APT;
l) 'platform' means the software for the technical management of bookings and requests for tourist packages and services provided by accommodation facilities and extra-curricular operators.
m) 'site' means the domain www.trento.info used by the Trento, Monte Bondone Tourist Board, which hosts the platform.
n) "referable sites" and "sites powered by": all the information and promotional sites of the tourist offer of the Trento, Monte Bondone Tourist Board's district or that, although not managed by the Tourist Board itself, allow the booking of the service offered by the Tourist Board using the booking platform.
o) "Area/comprensorio": the territory that includes the tourist area under the Trento, Monte Bondone Tourist Board (Aldeno, Cimone, Garniga, Monte Bondone and Trento).
p) "Booking Center": an operator of the APT who makes the reservation on behalf of the user (e.g. upon request by telephone or e-mail) via the platform.
q) "Inter-Entity Link Key": a technical operation carried out by TM, aimed at making visible
on third-party sites, in a joint and aggregated manner, the offers published by APT and/or Suppliers on their own channels, also exploiting the aggregations already made by the same and/or by
themselves and/or APT in Product or Project Clubs or in other initiatives
r) "Marketplace": an area residing on www.visittrentino.info made available by TM, in its
as operator, which hosts the APTs, Consortia and Suppliers that promote their
products to users.
s) "TM": Trentino Marketing S.r.l., a special purpose company set up by Trentino Sviluppo S.p.A.,
with registered office in Trento via Romagnosi 11.
Art. 3 - SUBJECT OF THE CONTRACT
3.1 By means of this e-commerce contract, the APT sells and the user purchases via telematic means tourist packages or services listed and offered on the website www.trento.info. These general terms and conditions of sale also apply if the user makes the purchase of the product on the APT website by accessing it via the TM Channel (Marketplace and Link Key interchange). No sales contract is concluded on the Marketplace.
3.2. In addition to these General Terms and Conditions, the description of the tourist package and/or the tourist services contained in the online catalogue, or in the separate travel programme, if applicable, as well as the booking confirmation of the services requested by the user/traveller together with - in the case of tourist packages - the documents referred to in Art. 36 para. 8 of the C.C.T. and all the clauses indicated in the travel prior documentation delivered or sent to the user/traveller, form an integral part of the travel contract.
3.3 The APT shall be liable for the purchase of holiday packages and activities specifically indicated as having been sold by the APT itself and therefore collected, insofar as it acts as a travel agency and for which these General Terms and Conditions apply.
3.4 The details of the service to be booked are contained in the notes and details of the offer and are known and available to the user prior to the conclusion of the booking.
3.5 The information on the composition of holiday packages is entered on the platform directly by the APT and therefore the APT is directly responsible for its accuracy.
3.6 The information contained on the platform describing tourist packages, accommodation facilities and bookable activities, where the subject matter of the description of the facility and the activity, including its characteristics, the services made available, the images (photos, videos and audio-video content), are published directly and autonomously by the Receptive Operators or the Extra Receptive Operators, or, only in the event of delegation, by the APT or by third parties specifically appointed for this purpose. Such information, contents and materials are entered and published on the platform without the APT carrying out any checks and verifications; therefore, the APT Trento, Monte Bondone may not be held liable in any way either for the truthfulness or for any damages suffered by the user that depend on or are connected to such information, even if incorrect, inaccurate or incomplete.
3.7 These general terms and conditions of sale can be viewed by the user during the
purchase process and are published on the APT website.
3.8 In any case, if the User is a Consumer, the contracts concluded by him shall also be
the mandatory provisions of the law shall also apply, in addition to those on electronic commerce
Article 4 - REGULATORY SOURCES
4.1 The sale of tourist products by the Azienda per il Turismo Trento, Monte Bondone is governed by the 1970 Brussels International Convention, Legislative Decree 70/2003 regulating e-commerce, Legislative Decree 79/2011 (Tourism Code - CdT), as amended by Legislative Decree. No. 62 of 06.06.2018 implementing EU Directive No. 2015/2302, by Legislative Decree No. 206/2005 (Consumer Code), as well as by the provisions of the Civil Code on transport, service contract and mandate as applicable, and by Provincial Laws No. 8/2002 and No. 8/2020 as amended.
Art. 5 - ADMINISTRATIVE REGIME
5.1 The APT, as the organiser and seller of the tourist package and services to which the user is referred, exercises its activity in accordance with the relevant state, provincial and municipal laws.
5.2 Prior to the conclusion of the contract, the details of the insurance policy covering the risks arising from professional liability, as well as the details of the guarantee against the risks of bankruptcy and insolvency of the organiser, for the purposes of the return of the sums paid or the return of the traveller to the place of departure, also in accordance with Art. 47 of the C.C.T., shall be made known.
5.3 Data Sheet: Technical Organisation: Servizio Turismo della Provincia Autonoma di Trento Autorizzazione Determinazione del Dirigente n.102 del 06.04.2005; Civil Liability Insurance Guarantee for the fulfilment of the obligations undertaken towards customers with the travel contract and in relation to the overall cost of the services, in compliance with the provisions of articles 44 and 45 of the CdT, has been contracted with FRIGO ASSICURAZIONI per conto di UNIPOLSAI Assicurazioni, policy number 1/39383/319/172063720/2 COD. SUBAGENZIA 100; Guarantees for travellers - Insurance in place of the Guarantee Fund and in accordance with article 47, para. 2 CdT: polizza n. 202761316 di NOBIS Insurance Company.
ARTICLE 6 TERMS OF CONCLUSION OF THE CONTRACT
6.1 The contract between the APT and the user is concluded exclusively via the Internet and through the use of the platform.
6.2 After accessing the above-mentioned website, the user shall follow the procedures set out on the website in order to formalise his or her acceptance to purchase the services referred to in Article 3 above.
6.3 The user who intends to proceed with the purchase of services offered on the site must first enter his or her personal data and provide a valid e-mail address; the information provided must be truthful.
6.4 The contract is concluded in the following manner: the user makes a reservation of the tourist service selected from those offered on the platform by filling in the relevant form/form attached to the electronic online catalogue.
6.5 The aforementioned reservation is followed by a confirmation message by e-mail sent by the platform to the user, the Receptive Operator or the Extra Receptive Operator, which summarises the reservation conditions relating to the selected service and in which the traveller and reservation details, information relating to the essential characteristics of the reserved service, an indication of the total price and any additional expenses or charges, the duration of the contract, the conditions of withdrawal if applicable, and an indication of the terms and methods of payment are summarised.
6.6 In the case of the purchase of a tourist package, the contract shall also contain the following information (a) the traveller's specific requests accepted by the organiser; (b) a declaration stating that the organiser is responsible for the exact performance of all the tourist services included in the contract and is obliged to provide assistance if the traveller encounters difficulties, including in the event of circumstances arising beyond the organiser's control, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and assisting the traveller in making long-distance communications and helping him/her to find alternative tourist services. The organiser may charge a reasonable fee for such assistance if the problem is caused deliberately by the traveller or through his fault, within the limits of the expenses actually incurred; c) the name and contact details, including the geographical address, of the person in charge of protection in the event of insolvency d) the name, address, telephone number, e-mail address and, if any, the fax number of the organiser's local representative, a contact point or another service enabling the traveller to communicate rapidly and effectively with the organiser in order to request assistance or to address any complaints relating to lack of conformity encountered during the execution of the package (e) the fact that the traveller is obliged to communicate, without delay and taking into account the circumstances of the case, any lack of conformity detected during the performance of a tourist service covered by this contract; (f) in the case of minors, unaccompanied by a parent or other authorised person, travelling on the basis of a package tour contract that includes accommodation, information enabling direct contact to be established with the minor or the person responsible for the minor at his or her place of stay (g) information regarding existing complaint handling procedures and Alternative Dispute Resolution (ADR) mechanisms, pursuant to the Consumer Code and, if any, the ADR body by which the trader is regulated and the online dispute resolution platform pursuant to Regulation (EU) no. 524/2013; h) information on the traveller's right to transfer the contract to another traveller and the terms and costs involved.
6.7 Upon completion of the booking process, the APT is directly bound to the user to provide the purchased tourist service and the user is bound to the APT in accordance with the specifications set out in the confirmation e-mail.
6.8 Unless otherwise specified, the acceptance of the booking shall be deemed to be finalised, resulting in the conclusion of the contract, only when the user pays the total amount for the product purchased and the APT has sent the customer confirmation of receipt of payment, also by electronic means.
6.9 The reservation of a package or a tourist service through the platform can also be made at qualified tourist offices with the support of an operator (Booking Center). In this case, the operators of the tourist offices merely make the platform available to the user or make the reservation on their behalf.
6.10 As soon as payment for the services has been received, the APT shall issue the relevant tax document in accordance with the relevant regulations. In the event that the user/purchaser wishes to receive an invoice, he/she shall give notice of this when filling out the reservation. In this case, when completing the reservation, he/she must provide details of his/her tax code or VAT number in addition to the unique invoicing code or in any case the data required for invoicing purposes.
6.11 The User undertakes to read these General Terms and Conditions of Sale before confirming the reservation and to accept them by ticking the relevant box (point & click procedure), taking care to keep a copy of them, including a printed copy.
6.12 This agreement shall not be deemed to have been concluded, and shall therefore be ineffective, if the provisions of the preceding paragraphs are missing.
6.13 In the confirmation e-mail the user will also receive a link to download and archive a pdf copy of these General Terms and Conditions.
6.14 When making a reservation, the user is obliged to enter truthful data, with specific reference to the number of persons for whom the reservation is made, and this on penalty of his sole liability even in the event of errors in the reservation, which shall, in that case, be his sole responsibility.
6.15 From the time of booking, for any requests and/or changes, the user must contact the APT directly using the information given in the purchase confirmation e-mail. Without prejudice to the provisions of Article 16 of these General Terms and Conditions, any changes to the booking must be requested in writing from the APT, which, according to its own organisational needs, may confirm or refuse the request or agree with the user on changes to the conditions originally agreed, in the terms and manner it deems appropriate, without prejudice to its right to request the user/traveller to reimburse the costs necessary to make the change to the booking, which must be documented by it.
6.16 The user/traveller is obliged to inform the organiser in writing at the time of booking of any special personal requests that may be the subject of specific agreements on travel arrangements, insofar as it is possible to implement them.
Art. 7 - PRICES AND METHOD OF PAYMENT
7.1 All sales prices indicated on the platform uploaded on the website www.trento.info and on any other websites, channels or web booking devices operated directly by the APT or by other partners of the APT by virtue of specific collaboration agreements, are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.
7.2 The sales prices of the services offered are inclusive of VAT and any other taxes. Any additional costs, expenses or ancillary charges, if any, that are not included in the purchase price shall be indicated and calculated in the booking procedure and before the summary e-mail is sent to the user.
7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the online catalogue.
7.4 Unless otherwise specified, at the time of booking you will be asked to make full payment for the purchased service by credit card following the instructions provided by the platform. The credit cards accepted are those indicated at the time of booking.
7.5 During the course of the booking process, the user will be asked to enter credit card data on the platform - in the case of online purchases - or to communicate the same to the operators of the tourist offices in the cases referred to in Article 6.9 of these General Terms and Conditions.
7.6 All payment-related communication takes place on a special line protected by an encryption system. The APT guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current regulations on the protection of personal data. Specifically, payments made by credit card are managed by means of an online payment procedure. The data released by the user are managed by information systems that comply with the PCI DSS, (Payment Card Industry Data Security Standard). All transactions take place through connections protected by SSL (Security Socket Layer) and https (http secure) protocol.
7.7 It is understood that the Trento, Monte Bondone Tourist Board accepts no responsibility for any fraud, deception or abuse by third parties of the credit card data collected during the booking process, provided that this is not attributable to acts or facts attributable to it by way of wilful misconduct or gross negligence.
7.8 Failure to pay the above sums by the agreed dates shall constitute an express termination clause such that the APT shall terminate the contract by operation of law pursuant to Article 1456 of the Italian Civil Code without the need for any notice to the user/traveller, without prejudice to the APT's right to demand performance despite the expiry of the deadline. In the event of termination due to non-performance by the user, a penalty equal to 30% of the total consideration agreed upon when booking the services shall be paid to APT.
7.9 Acceptance of these General Terms and Conditions shall serve as prior authorisation for the Credit Institution to use the data entered by the user in the event of the application of the penalty.
Article 8 - RIGHT OF WITHDRAWAL
8.1 Pursuant to the provisions of the Consumer Code governing distance selling, the user/consumer shall not be entitled to withdraw from the contract or the proposal negotiated away from business premises, since the tourist services, all-inclusive, governed by these General Terms and Conditions and provided by the APT, fall within those envisaged by art. 59 of the Consumer Code, which envisages among the "exceptions to the right of withdrawal" at point n) "the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of performance".
8.2 Only in the case of tourist package contracts concluded at a distance or otherwise away from business premises is there a right to withdraw from the contract of sale within a period of 5 days from the date of its conclusion or from the date on which the user receives the contractual conditions and preliminary information, whichever is later, without penalty and without giving any reason.
Art. 9 - BOOKING CANCELLATION
9.1 If you wish to cancel a booking made via the platform, you must notify us by e-mail to email@example.com within the deadline indicated in the booking confirmation e-mail.
9.2 Unless otherwise stated at the time of booking, the provisions of Article 10 of these General Terms and Conditions apply to cancellation.
9.3 The reimbursement of the amounts to the user shall be effected within a period of 30 days from the time of acceptance of the notice of termination transmitted in the manner indicated in Article 9.1 of these General Terms and Conditions.
9.4 If the cancellation occurs after the deadline or if the user/traveller indicated as the user of the purchased service does not turn up to use this service on the day or within the time specified on the contract, the APT shall be entitled to apply the "penalties" as set out in Article 10 of these General Terms and Conditions.
ARTICLE 10 - PENALTIES AND CANCELLATION POLICY
10.1 Unless otherwise stated at the time of booking, the following cancellation policies apply:
- a) cancellation up to 15 working days before the start of the stay: refund of 80% of the amount paid;
- b) cancellation 14 to 8 working days before the start of the stay: refund of 70% of the amount paid;
- c) cancellation 7 to 0 working days before the start of the stay (excluding Saturdays): refund of 50% of the amount paid.
No refunds will be due to the traveller after the start of the tourist package .
- a) free cancellation by 6 p.m. on the day before the activity: refund of 80% of the fee paid;
- b) cancellations after 6 p.m. on the day before the activity or in the event of no-show: the full amount paid as a penalty shall be retained.
No reimbursement shall be due to the traveller after the tourist service has commenced.
Art. 11 - OBLIGATIONS OF TRAVELERS
11.1 It is understood between the parties that the purchase of accommodation services, packages or any other tourist service or product, in order to be considered validly concluded, must be made by a person of legal age.
During negotiations and in any case prior to the conclusion of the contract, general information is provided concerning passport and visa conditions and what are the health formalities in the country of destination, also consulting the platforms and official websites of the Autonomous Province of Trento.
11.2 For the regulations concerning the expatriation of Italian citizens and Italian minors, please refer expressly to what is indicated on the Polizia di Stato website.
11.3 Foreign citizens must be in possession of an individual passport and an entry visa, if required, and will be able to obtain the necessary and up-to-date information through their diplomatic representations in Italy and/or the respective official government information channels.
11.4 Travellers shall, prior to departure, check with the competent authorities (for Italian citizens, the local Questura or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Centre on 06.491115) that their documents are in order with the indications provided and to comply in good time before the start of the package. In the absence of such verification, no responsibility for the missed departure of one or more travellers can be attributed to the organiser.
11.5 Travellers must in any case inform the organiser of their nationality before requesting a booking and, at the time of departure, must ensure that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries covered by the itinerary, as well as residence visas, transit visas and any health certificates that may be required.
11.6 In order to assess the socio-political and health security situation and any other useful information concerning the countries and places of destination and in their immediate vicinity and, therefore, the objective usability of the services purchased or to be purchased and any substantial impact on the execution of the package, the traveller shall be responsible for obtaining official information of a general nature from the Ministry of Foreign Affairs, and disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it.
11.7 The above information cannot be contained in the organisers' catalogues, as they contain descriptive information of a general nature and not information subject to change by official authorities.
11.8 Up-to-date information must be assumed by travellers by viewing all the information on the website of the Ministry of Foreign Affairs.
11.9 The traveller is obliged, in accordance with the principle of the diligence of a good family man, to check the correctness of his personal documents and those of any minors, and to provide himself with documents valid for expatriation in accordance with the rules of his own country and the conventions governing the matter.
11.10 The traveller shall take care of the relevant formalities, also considering that the organiser is not obliged to procure visas or documents.
11.11 If, on the date of booking, the chosen destination appears on institutional information channels to have been "advised against" or "warned against" for security reasons, the traveller who subsequently exercises his or her right of withdrawal may not invoke, for the purposes of exoneration or reduction of the claim for compensation for the withdrawal made, the lack of a contractual cause related to the country's security conditions.
11.12 Travellers shall comply with the rules of normal prudence and diligence and with the specific rules in force in the countries to which they are travelling, with all information provided to them by the organiser, and with the regulations, administrative provisions or laws relating to the tourist package.
11.13 Travellers shall be liable for all damages that the organiser may incur as a result of the organiser's failure to comply with the aforementioned obligations, including the costs necessary for their repatriation. Furthermore, the organiser may require the traveller to pay a reasonable cost for the assistance provided to him/her, if the problem is caused intentionally by the traveller or through his/her fault, within the limits of the expenses incurred.
11.14 The traveller is obliged to provide the organiser with all documents, information and elements in his or her possession that are useful for the exercise of the right of recourse against the persons who caused or contributed to the occurrence of the circumstances or the event from which the compensation, the reduction in price the compensation or other obligations in question as well as those obliged to provide assistance and accommodation services under other provisions, in the event that the traveller is unable to return to the place of departure, as well as for the exercise of the right of subrogation against third parties responsible for the damage and is liable to the organiser for the prejudice caused to the right of subrogation.
11.15 With regard to package tours, the traveller must always promptly notify the organiser of any lack of conformity found during the execution of the package.
Art. 12 - OBLIGATIONS OF THE USER/BUYER
12.1 The user/purchaser undertakes to pay the price of the purchased goods in the time and manner specified in the contract.
12.2 The user/purchaser undertakes, once the online purchase procedure has been completed, to print and retain this agreement if deemed necessary.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the user/purchaser who acknowledges this, as this step is made obligatory prior to confirmation of the purchase.
Article 13 - RESPONSIBILITY REGIME
13.1 The APT accepts no liability for disruptions in service due to force majeure, unforeseeable circumstances or if the service cannot be provided on time and in the manner stipulated in the contract for reasons solely attributable to the user or traveller.
13.2 The APT shall not be held liable in any way, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside its own control or that of its subcontractors.
13.3 Furthermore, the APT shall not be liable for any damages, losses and costs incurred by the user/traveller as a result of the non-performance of the contract for reasons not attributable to the company (including unforeseeable events, such as traffic restrictions or limitations due to pandemics or health emergencies), in which case the user/traveller/purchaser shall only be entitled to a full refund of the price paid and any ancillary costs incurred.
Art. 14 - CHANGES AFTER THE START OF THE TOURIST PACKAGE AND LIABILITY OF THE ORGANISER
14.1 If, due to unforeseen circumstances beyond the organiser's control, it is impossible to provide a substantial part, in terms of value or quality, of the combination of tourist services agreed upon in the contract, the organiser shall offer, without any extra charge to the traveller, suitable alternative solutions of equivalent or higher quality, where possible, than those specified in the contract, so that performance may continue, including the eventuality that the traveller's return to the place of departure is not provided as agreed.
14.2 If the proposed alternative solutions result in a service or package of a lower quality than that specified in the tourist package contract, the organiser grants the traveller an appropriate price reduction.
14.3 The traveller may only reject proposed alternative solutions if they are not comparable with what was agreed in the contract or if the price reduction granted is inadequate.
14.4 If it is impossible to make alternative arrangements or if the traveller rejects the proposed alternative arrangements that comply with Article 14.1, the traveller shall be granted a price reduction.
14.5 In the event of non-compliance with the obligation to offer, the provisions of Art. 15.5 shall apply.
14.6 Where, due to unforeseen circumstances not attributable to the organiser, it is impossible to ensure the return of the traveller as agreed in the tourist package contract, the provisions of Art. 15.6 and 15.7 of these General Terms and Conditions apply.
Article 15 - RESPONSIBILITY OF THE ORGANISER FOR INCORRECT EXECUTION OF THE PACKAGE
15.1 Pursuant to Art. 42 of the Tourism Act, the organiser is responsible for the performance of all the tourist services envisaged in the contract regardless of whether they are to be provided by the organiser himself, by his auxiliaries or supervisors when acting in the exercise of their duties, by third parties whose work he uses or by other suppliers of tourist services, pursuant to Art. 1228 of the Italian Civil Code.
15.2 The traveller, pursuant to Articles 1175 and 1375 of the Italian Civil Code, shall inform the organiser in a timely manner, taking into account the circumstances of the case, of any non-conformity defects discovered during the performance of a service envisaged in the contract.
15.3 If one of the tourist services is not performed as agreed in the contract, the organiser shall remedy the lack of conformity, unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity and the value of the services affected by the defect. If the organiser does not remedy the defect, the provisions of Art. 22 as a whole shall apply in the case of package tours and of Arts. 22.1, 22.2 and 22.3 for tourist services.
15.4 Subject to the exceptions referred to in Art. 15.3, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller in relation to the duration and characteristics of the tourist product purchased, with the complaint made promptly in accordance with Art. 15.2, the traveller may remedy the defect himself/herself and ask for the reimbursement of the necessary expenses, provided that they are reasonable and documented; if the organiser refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, there is no need for the traveller to specify a time limit.
15.5 If a lack of conformity, within the meaning of article 1455 of the Civil Code constitutes a non-negligible non-performance of the tourist services included in the contract and the organiser has not remedied it within a reasonable period of time established by the traveller in relation to the duration and characteristics of the same or of the package, with the complaint made in accordance with Art. 15.2, the traveller may, without charge, terminate the contract as of right and with immediate effect or, where appropriate, request, in accordance with art. 22 below as a whole for tourist packages and with art. 22.1, 22.2 and 22.3 for tourist services, a reduction in the price, without prejudice, however, to any compensation for damages. In the event of termination of the contract, if the package included the transport of passengers, the organiser will also arrange for the return of the traveller with equivalent transport without undue delay and without additional costs for the traveller.
15.6 Where it is impossible to ensure the return of the traveller, the organiser shall bear 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 3 nights per traveller or such longer period as may be provided for by EU passenger rights legislation applicable to the relevant means of transport.
15.7 The limitation of costs set out in Article 15.6 does not apply to persons with reduced mobility, as defined in Article 2(1)(a) of Regulation (EC) No. 1107/2006, and their accompanying persons, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organiser has been notified of their special needs at least 48 hours before the start of the package.
Article 16 - OBLIGATION TO ASSIST AND COMPLAINTS
16.1 The APT shall provide appropriate assistance without delay to users/travellers who find themselves in difficulty, including providing them with the appropriate information regarding health services, local authorities and consular assistance, assisting them in long-distance communication and helping them find alternative tourist services.
16.2 The user/traveller may address messages, requests or complaints regarding the performance of the tourist package or services directly to the APT using the address firstname.lastname@example.org. These must be forwarded immediately so that the provider can rectify errors and shortcomings found during the service. The customer may send the APT a further complaint by e-mail, pec or fax within 10 days of the end of the package or tourist service. Otherwise, any right to compensation may decrease in proportion to the delayed complaint pursuant toArticle 1227 of the Italian Civil Code.
Article 17 - ALTERNATIVE MEANS OF DISPUTE RESOLUTION AND JURISDICTION
17.1 The APT may propose to the traveller alternative dispute resolution methods (ADR-Alternative Dispute Resolution), pursuant to Legislative Decree 206/2005 (Consumer Code), indicating the type of alternative resolution proposed and the effects that such adherence entails.
17.2 For all disputes arising from this contract, the Court of Trento shall have exclusive jurisdiction, with the exception of the provisions of the Consumer Code - which provide for the exclusive jurisdiction of the Court of the place of residence or domicile of the User, if located in the Italian territory - valid if the user/traveller/purchaser is a consumer.
Art. 18 - SUBSTITUTIONS AND TRANSFER OF THE CONTRACT TO ANOTHER TRAVELER
18.1 The traveller may be replaced by another person provided that:
- a) the APT is informed no later than 7 days before the start of the service;
- (b) the person to whom the contract is to be assigned meets all the conditions for the use of the service;
- c) all booked tourist services or those in substitution can be provided as a result of the substitution;
- d) the organiser is paid all the administrative and handling costs of making the substitution, to the extent that will be quantified by the organiser prior to the transfer. In this regard, the organiser, on receiving notice of the transfer, will inform the transferor of the costs of the transfer and provide him with proof of the fees, taxes or other additional costs resulting from the transfer.
18.2 The assignor and the assignee of the contract are jointly and severally liable for the payment of the price and any duties, taxes and other additional costs, including any administrative and handling costs, resulting from such assignment.
18.3 If the traveller requests the variation of a tourist element and/or service of an already confirmed booking, and provided that the request does not constitute a contractual novation and provided that it is possible to implement it, he shall pay the organiser the administrative and handling costs and the costs resulting from the change itself.
Art. 19 - PROCESSING OF PERSONAL DATA
19.1 In compliance with the provisions of EU Regulation 2016/679 (GDPR) as well as Legislative Decree 196/2003 (Privacy Code as amended and supplemented by Legislative Decree 191/2018), the information on the processing of personal data is provided in a specific document attached and available on the website at https://www.trento.info/informativa-privacy to be considered an integral part of these General Conditions.
ARTICLE 20 - CONTRACTUAL AMENDMENTS AND PARTIAL NULLITY
20.1 APT Trento, Monte Bondone reserves the right to amend these General Conditions at any time, without any obligation to notify the user/purchaser.
20.2 At www.trento.info the latest version of the General Terms and Conditions is always available, indicating the version and period of validity.
20.3 These General Conditions shall contain all the provisions of the contract between the User and the Trento, Monte Bondone Tourist Board and shall supersede all previous agreements made in written, electronic or oral form.
20.4 The invalidity of one or more of the provisions of these General Terms and Conditions shall not invalidate all the others, which shall remain valid.
SPECIFIC CONDITIONS FOR BOOKING AND PURCHASING THE TOURIST PACKAGE
In addition to the General Conditions set out in the preceding articles (Common Provisions), the following specific conditions shall also apply in connection with the purchase of package tours.
Article 21 - AMENDMENT, RIGHT OF WITHDRAWAL OF THE ORGANISER OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
21.1 Before the start of the package, the organiser may unilaterally change the terms and conditions of the contract other than the price, provided that the changes are minor, by communicating them to the traveller on a durable medium.
21.2 If, before the start of the package, the organiser is forced to significantly modify one or more of the main characteristics of the tourist services or cannot meet the specific requests previously accepted and expressly stated in the contract, or proposes to increase the price of the package by more than 8%, the user/traveller, within a reasonable period specified by the organiser and communicated at the same time as the notice of change, may accept the proposed change or withdraw from the contract without paying withdrawal fees. In the event of withdrawal, the organiser may offer the traveller a replacement package of equivalent or superior quality. The notice of change shall inform the traveller of the proposed changes, their impact on the price of the package, the period of time within which the traveller must inform the organiser of his or her decision and the consequences of the traveller's failure to respond within this period, as well as the possible replacement package offered and its price.
21.3 If the changes to the package contract or the replacement package result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
21.4 In the event of withdrawal from the tourist package contract indicated above, if the traveller does not accept a replacement package, the organiser shall reimburse without delay, and in any case within 14 days of withdrawal, all payments made by or on behalf of the user/traveller and the provisions of Art. 43, paras. 2, 3, 4, 5, 6, 7, 8 of the C.C.T. shall apply.
21.5 The organiser may withdraw from the tourist package contract and offer the traveller a full refund of the payments already made for the package, but is not obliged to pay additional compensation if
- (a) the number of persons enrolled in the package is less than the minimum stipulated in the contract and the organiser communicates the cancellation of the contract to the traveller within the time limit set out in the contract and in any case no later than 20 days before the start of the package in the case of trips/services lasting more than 6 days, 7 days before the start of the package in the case of trips/services lasting between 2 and 6 days, 48 hours before the start of the package in the case of trips/services lasting less than 2 days;
- (b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the cancellation to the traveller without delay before the beginning of the package.
21.6 Withdrawal costs are not payable by the traveller in the cases provided for in Article 21.2 of these General Terms and Conditions.
21.7 In the event of unavoidable and extraordinary circumstances that occur at the place of destination or in its immediate vicinity and that substantially affect the performance of the package or the transport of passengers to the destination, the traveller has the right to withdraw from the contract, prior to the commencement of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but has no right to additional compensation.
Art. 22 - PRICE REDUCTION AND REIMBURSEMENT OF DAMAGES
22.1 The traveller is entitled to an appropriate reduction in the price for the period during which there was a lack of conformity, unless the organiser proves that this lack of conformity is attributable to the traveller.
22.2 The traveller is entitled to receive appropriate compensation from the organiser for any damage he may have suffered as a result of a lack of conformity.
22.3 The traveller shall not be awarded damages if the organiser proves that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of the tourist services included in the tourist package contract and is unforeseeable or unavoidable or is due to unavoidable and extraordinary circumstances.
22.4 The organiser is subject to the limitations provided for by the international conventions in force that bind Italy or the EU, concerning the extent of compensation or the conditions under which it is due from a supplier providing a tourist service included in a package.
22.5 The tourist package contract may provide for a limitation of the compensation payable by the organiser, except for personal injury or damage caused intentionally or through negligence, provided that such limitation is not less than three times the total price of the package.
22.6 The compensation or price reduction granted pursuant to the Tourism Code and the compensation or price reduction granted pursuant to the applicable EU regulations and international conventions shall be deducted from each other.
22.7 The right to a reduction of the price or to compensation for damages provided for in this Article shall expire in two years, starting on the date of the traveller's return to the place of departure, subject to Article 22.8 of these General Terms and Conditions.
22.8 The right to compensation for personal injury is prescribed in three years from the date of the traveller's return to the place of departure or in the longer period provided for compensation for personal injury by the provisions governing the services included in the package.
Art. 23 - INSURANCE AGAINST CANCELLATION AND REMOVAL EXPENSES
23.1 If not expressly included in the price, it is possible and advisable, at the time of booking, to take out special insurance policies for accident and/or illness coverage and for repatriation expenses and loss of and/or damage to luggage. The rights arising from the insurance contracts must be exercised by the traveller directly against the contracting Insurance Companies, under the conditions and in the manner stipulated in the policies themselves, paying particular attention to the timeframe for opening a claim, deductibles, limitations and exclusions. The insurance contract in place between the traveller and the insurance company has the force of law between the parties and is effective pursuant to Article 1905 of the Italian Civil Code.
23.3 Users/travellers must notify the organiser at the time of booking of any specific needs or problems for which the issuance of policies other than those proposed or included in the price of the package is necessary and/or appropriate.
Art. 24 - GUARANTEES TO THE TRAVELER
24.1 The organiser/seller is established in Italy and is covered by a liability insurance contract in favour of the traveller for damages arising from the breach of their respective obligations under the contract.
24.2 Contracts for the organisation of package tours are assisted by insurance policies that in the event of insolvency or bankruptcy of the organiser guarantee, without delay at the request of the traveller, the refund of the price paid for the purchase of the package and the immediate return of the traveller if the package includes the transport of the traveller, as well as, if necessary, the payment of board and lodging before the return. As an alternative to the reimbursement of the price or immediate return, the traveller may be offered continuation of the package in the manner set out in Articles 40 and 42 of the GTC.
24.3 The same guarantees shall be provided by professionals facilitating related tourist services for the reimbursement of all payments they receive from travellers, to the extent that a tourist service that is part of a related tourist service is not performed due to the insolvency or bankruptcy of the professionals.
ARTICLE 25 - OTHER INFORMATION ON PACKAGE ACTIVITIES
25.1 The activities and the use of the facilities (e.g. ski lifts, etc.) included in the tourist package contract may be subject to change (even during the course of the contract) or may be cancelled if the weather or technical conditions do not allow for their regular execution and in any case in all cases in which the necessary safety conditions are lacking. Should such circumstances occur, the user will not be able to ask for a reduction in price and this possibility, if any, will be left to the sole discretion of the organiser.
25.2 In the event of changes to or cancellation of the activities and/or services of the tourist package for the reasons set out in Art. 25.1, the APT may propose alternative activities that the user/traveller may decide to accept.
25.3 In the case of excursions, including nature tours, it is understood between the parties that the user/traveller shall undertake the tours under his/her sole responsibility and in the event of unforeseen abandonment shall bear the cost of any services not included in the package without the right to obtain any reimbursement for what has already been paid for the purchase of such service included in the package.
GENERAL TERMS AND CONDITIONS OF SALE
INDIVIDUAL TOURIST SERVICES AND RELATED TOURIST SERVICES
In addition to the General Terms and Conditions set out in the preceding articles (Common Provisions) in connection with the purchase of tourist services and related tourist services, the following specific conditions also apply.
Art. 26 - REFERENCE REGULATIONS
26.1 Contracts whose object is to offer only the transport service, only the accommodation service, or any other separate tourist service, cannot be configured as a negotiated case of travel organisation or tourist package and therefore do not enjoy the protection envisaged by the Tourism Code.
26.2 The aforementioned individual services are governed by Legislative Decree 206/2005 (Consumer Code), by the Civil Code for those aspects not governed by the Consumer Code, by Articles 1 no. 3 and no. 6, 17 to 23 and 24 to 31 (limited to those parts of these provisions that do not refer to the organisational contract) of the International Convention on the Travel Contract (CCV) of 23 April 1970 (Brussels Convention), as well as by the contractual clauses of the individual tourist service in question of the individual supplier.
Art. 27 - CONDITIONS OF CONTRACT
27.1 The Common Provisions and articles 22.1, 22.2 and 22.3 of these General Terms and Conditions are applicable to contracts regarding the offer of a single tourist service as set forth in the preceding article in the event that the single tourist service booked/purchased relates to tourist services/activities/products other than accommodation (or stay).
27.2 It is understood that the terminology of these clauses shall always be understood with reference to the contract of sale of individual tourist services.
Obligatory communication ex art. 17 L. 38/2006 'Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad'.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, we further declare that we have already read, understood and accepted the following articles of these General Terms and Conditions of Sale version 1.1: 7, 8, 10, 12, 13, 14, 15, 17, 18, 21, 22 and 27, acknowledging that we have read, understood and accepted them by explicitly signing this document.