Terms and Conditions
Standard Terms and Conditions INFODOLOMITES SRL
1. CONTRACT
1.1 The contract is entered into by InfoDolomites SRL, in the person of its pro tempore legal representative, with registered office in Italy and located at 39036 Badia (BZ), hamlet of San Cassiano, Via Costadedoi No. 115, hereinafter referred to as "the Company" or "the Organiser" and by the Customer, hereinafter referred to as "the Customer".
1.2 The "Customer" is the owner, natural or legal entity, of the booking and also includes the "traveller" or user, natural entity, of the service offered by "InfoDolomites".
1.3 The term "InfoDolomites package" refers to the service, consultancy, trip and/or holiday organised by the Company and sold to the Customer by the Company or by one of its tour operators or travel agents.
1.4 A "seller" is a professional, other than the Organiser, who sells or offers for sale packages combined by the Company. The seller, tour operator or travel agent are required to strictly comply with current regulations and in particular with the provisions of the Tourism Code, both in terms of the pre-contractual information that must be provided to the Customer and in terms of the contractual activities provided for by the afore mentioned Code, to the extent that they are not derogated from by these general terms and conditions of contract.
1.5 The "contract" is considered finalised when the Customer receives confirmation of the booking from the Company. The tour operator or travel agent is authorised to confirm the contract with the Customer only after receiving confirmation of the booking from the Organiser. Travel agents, tour operators and/or third parties acting on behalf of the Company are not authorised, in any way or for any reason, to modify these general terms and conditions of contract, nor to modify the contract confirmed by the Company.
1.6 The Organiser and the agency selling the package, to which the traveller applies, must be authorised to carry out their respective activities in accordance with current legislation. The Organiser and the seller shall disclose to third parties, prior to the conclusion of the contract, the details of the insurance policy covering the risks arising from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organiser and the seller, each within their own sphere of competence, for the purposes of refunding the sums paid or of returning the traveller to the place of departure.
1.7 By making a booking, the Customer accepts these contractual conditions also on behalf of the members of his/her group, taking on responsibility for the full performance of the contract, including full payment of the amount due.
1.8 It is the Customer's responsibility to carefully check all the information contained in the booking confirmation and to promptly notify the Company of any errors or omissions.
2. PURPOSE OF THE INFODOLOMITES PACKAGE
2.1 The tourist services offered by InfoDolomites include tailor-made travel advice; complete planning and management of trips and holidays in Italy and abroad; an authentic experience with local partners; as well as assistance before, during and after the trip or holiday.
2.2 The trips and holidays offered by InfoDolomites are veritable "tourist packages" within the meaning of the Tourism Code (Legislative Decree 79/2011 and subsequent amendments) only if they result from a pre-established combination of at least two of the elements listed below, sold or offered for sale at a flat rate, and lasting at least 24 hours or extending over a period of time including at least one night: a) transport, except for flights, which are expressly excluded from InfoDolomites packages; b) accommodation; and c) tourist services not ancillary to transport or accommodation, which constitute a significant part of the package offered.
3. THE SERVICES OF INFODOLOMITES SRL
3.1 Free initial consultation of up to 20 minutes: The Company offers a free initial video call with the Customer to identify the Customer's travel wishes.
3.2 Personalised travel proposal: At the Customer's request and upon payment of a deposit of €500.00 (five hundred/00), the Organiser will draw up a personalised travel or holiday proposal, based on the wishes stated by the Customer and enriched with suggestions for accommodation facilities. In this way, the Customer will receive a tailor-made itinerary proposal: at this stage, no bookings are made by the Company.
3.3 The Company's quotes are normally valid for 7 (seven) days from the date of issue, unless otherwise indicated in the offer made to the Customer. In the event of a response after this deadline, a new quote will be issued, updated according to availability and exchange rates.
3.4 Online bookings: The Customer is authorised to proceed with the online booking, in which case it is the Customer's responsibility to enter their personal details correctly and completely, in accordance with their identity card or passport and travel documents. InfoDolomites declines all responsibility for costs arising from errors or omissions in personal details and travel documents. Once the booking has been confirmed and a deposit of 30% (thirty per cent) of the package price and/or any other amount requested by the Organiser has been paid, any subsequent changes to the InfoDolomites package will incur an administrative fee of €150.00, plus any applicable VAT and any additional costs. Reservations, including requests for changes, are always subject to confirmation and, until such time, shall have no effect. If the service requested by the Customer is not available, the Company reserves the right to propose another suitable solution.
3.5 Confirmation and bookings (40% deposit): If the Customer entrusts the Company with the execution of the proposed trip or holiday, the security deposit will be collected by the Company and deducted from the total cost of the InfoDolomites package.
3.6 InfoDolomites will provide tickets and travel documents, but the customer is required to check that they are correct and notify the Company of any errors or omissions before departure. The documents will be delivered by the Company or the tour operator or the travel agent to the Customer by e-mail in time to take advantage of the InfoDolomites package. At the Customer's request, travel documents can be sent by post or courier at a cost of €10.00 (ten euros) for each paper copy, in addition to the cost of the postal service and/or courier service.
3.7 "Set off and enjoy your trip": During the trip or holiday, InfoDolomites is always there for the Customer and the users of the trip or holiday: simply send a message to the number indicated on the booking confirmation for any requirements.
4. PARTICIPANTS' OBLIGATIONS
4.1 Participants must have an individual passport or other valid document, such as visas, international driving licences, vaccinations and health certificates that may be required for all countries included in the itinerary, as well as residence and transit visas and health certificates that may be required for the trip or holiday. Passports must be valid for at least another 6 (six) months after the date of return. Visa requirements vary and must be checked with the relevant consulates before booking. No responsibility is accepted for failure to provide the required documentation. They must also comply with the rules of normal prudence and diligence, with all information provided to them by the Company, as well as with the regulations and administrative or legislative provisions relating to the package.
4.2 Participants will be held liable for any damage suffered by the Company as a result of their failure to comply with the above obligations.
4.3 The Customer is required to provide the Company with all documents, information and elements in their possession that are useful for the exercise of the latter's right of subrogation against third parties responsible for the damage and is liable to the Company for any prejudice caused to the right of subrogation.
4.4 The Customer shall also communicate in writing to the Company, at the time of booking, any special requests that may be subject to specific agreements on travel arrangements, provided that it is possible to implement them.
4.5 It is the Customer's responsibility to inform InfoDolomites in advance of any special needs or mobility issues in order to identify suitable accommodation and services. Communications after booking will not entitle the customer to changes or justified withdrawal.
4.6 It is the customer's responsibility to consult their doctor in case of special health conditions before booking.
4.7 Customers who have booked a flight are aware that flight schedules are subject to change: in this case, the customer must promptly inform InfoDolomites of any errors or delays in order to update any transfers. Otherwise, the cost of the booked service will be charged to the customer.
5. PRICE
5.1 All prices are in euros and per person, unless otherwise stated. The Company reserves the right to change the prices of packages not yet sold at any time.
5.2 The price of the InfoDolomites package is determined by the price resulting from the booking confirmation, which includes the cost of the InfoDolomites service, the cost of accommodation and related services, plus charges and taxes as specified therein. This price is subject to change up to 30 (thirty) days before departure and only in direct proportion to changes in one of the following elements:
- transport costs, including the cost of fuel;
- energy costs, including the cost of gas;
- duties and taxes on certain types of tourist services;
- exchange rates applied to the package in question.
5.3 Any cost increases resulting in a price increase of up to 2% (two per cent) of the total price (excluding insurance premiums and modification fees) will be absorbed by the Company. For increases of more than 2% (two per cent) and up to 10% (ten per cent), a price supplement of €5.00 (five euros) per person will be applied, in addition to any agent's commission. If the increase exceeds 10% (ten per cent) of the total, the Customer may accept an alternative package offered by the Company (of equal or greater value at no additional cost or of lesser value with a refund of the difference, but in any case with the charging of modification fees, which are borne by the Customer) or may withdraw from the contract and obtain a full refund of the sums paid.
6. CONFIRMATORY DEPOSIT AND PAYMENT OF THE PRICE
6.1 The effectiveness of the booking confirmation is subject to the condition precedent of payment by the Customer of a deposit equal to 40% (forty per cent) of the total price of the "InfoDolomites package".
6.2 The balance must be paid at least 60 (sixty) days before the start of the "InfoDolomites package". Failure to pay the balance constitutes a condition subsequent to the contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code, with the Company being entitled to compensation for damages due to the Customer's non-performance.
6.3 The payment of the deposit and of the price can be made via bank transfer or credit card (Mastercard or Visa).
6.4 Payment must be made in the currency indicated on the invoice and all bank charges are borne by the Customer.
7. WITHDRAWAL, REVISION AND CANCELLATION OF THE CONTRACT
7.1 Withdrawal by the Customer
7.1.1 The Customer may withdraw from the contract, without paying the withdrawal fee referred to below, in the following cases:
- an increase in the price referred to in Article 4 exceeding 10% (ten per cent) of the price initially agreed;
- significant change to another essential element of the contract (meaning any change to elements that can objectively be considered fundamental to the use of the InfoDolomites package as a whole), proposed by the organiser after the conclusion of the contract and before departure, which is not accepted by the Customer.
7.1.2 The Customer's withdrawal from the "InfoDolomites package" must be communicated in writing by the Customer to the Company and shall only become effective upon receipt by the Customer of the Company's confirmation of receipt.
7.1.3 Once the Customer's withdrawal has taken effect, the Customer is alternatively entitled:
- to take advantage of another InfoDolomites package of equivalent value, or, if not available, a higher-value package at no extra cost, or a lower-value package with a refund of the difference;
- to be refunded only of the part of the price already paid, no later than 7 (seven) working days from receipt of the notification of the decision to request a refund.
7.1.4 The Customer must notify the Company of their decision (whether to accept the alternative package proposed by the Company or to receive a refund of the sums already paid) no later than 2 (two) working days from receipt of the Company's proposal. Once this 2 (two) day period has elapsed without response, the proposal made by the Company shall be deemed to have been accepted.
7.1.5 Customers who withdraw from the contract outside the cases referred to in point 7.1.1 above will be charged, as compensation for withdrawal, depending on when the withdrawal is exercised, the amount indicated below, after deducting the sum received as a deposit:
- up to 10 weeks before departure, the amount paid as a deposit;
- from 6 to 10 weeks before departure, 50% (fifty per cent) of the price of the InfoDolomites package;
- from 4 to 5 weeks before departure, 75% (seventy-five per cent) of the price of the InfoDolomites package;
- within 4 weeks of departure, 100% (one hundred per cent) of the price of the InfoDolomites package.
7.1.6 In any case, no refund will be given to those who do not show up at departure or who, for reasons not attributable to the Company, decide not to continue the trip. Similarly, no refund will be given to those who do not take the trip or holiday due to the lack, invalidity or insufficiency of the required personal travel documents. The travel agency or the Company is not required to notify or check the validity of the Customer's travel documents. In this case, the Company is entitled to compensation for damages.
7.1.7 Customers who, outside of the above cases, request a change to the 'InfoDolomites package' that is accepted by the Company will be charged, for each change requested, the additional costs of the service or suppliers, plus an administrative fee of €150.00 (one hundred and fifty euros), plus VAT (if and when due) applied to each change or addition requested from the Company. The Company is not liable in any way for any changes involving the air transport booked by the Customer, to which the Company is completely unrelated.
7.2 RIGHT OF WITHDRAWAL (CANCELLATION OF THE INFODOLOMITES PACKAGE) AND RIGHT TO REVISION OF THE CONTRACT (MODIFICATION OF THE INFODOLOMITES PACKAGE) BELONGING TO THE COMPANY
7.2.1 In the event that, prior to departure, the Company communicates its inability to provide the services included in the InfoDolomites package, the Customer may exercise, alternatively, one of the rights referred to in points 7.1.2 and 7.1.3 above in the manner described in point 7.1.4 below, provided that the inability is not attributable to the Customer. The Customer may also exercise the above rights when the cancellation of the package is due to the failure to reach the minimum number of participants specified in one of the contract documents or brochures, provided that such cancellation has been communicated within a reasonable period of time prior to the date set for departure.
7.2.2 In the cases referred to in point 7.2.1 above, in addition to the refund of any sums paid as a deposit or down payment on the price, the Customer is entitled to compensation for the cancellation of the "InfoDolomites package", which shall be determined as follows, unless the change is due to force majeure or an insufficient number of bookings, as defined below, in which cases the Customer shall not be entitled to any compensation:
- cancellation more than 10 weeks before departure - no compensation;
- cancellation between 6 and 10 weeks before departure - €20.00 per person;
- cancellation within 6 weeks prior to departure - €40.00 per person.
7.2.3 Force majeure: No compensation shall be paid in cases where the change, charge or cancellation is due to "force majeure", meaning exceptional or unforeseeable events or circumstances beyond the control of the Company, the consequences of which could not be avoided by either the Company or its suppliers. Such circumstances include, but are not limited to: wars, threats of war, riots, civil unrest or internal conflicts, terrorist acts (actual or threatened), strikes or industrial disputes, technical or maintenance problems relating to means of transport, machinery or equipment, power cuts, natural or nuclear disasters, fires, floods, droughts, adverse weather conditions, insufficient water levels in rivers, events of force majeure in the strict sense, airport closures, changes in timetables or operational decisions by transport service providers. If the force majeure situation continues for a period exceeding 30 (thirty) days, each of the Parties shall be entitled to withdraw from this contract with immediate effect, without additional charges.
7.2.4 Minimum number of participants: If the minimum number of participants is not reached, the trip will be cancelled and the customer will be informed at least 10 weeks in advance. A compatible alternative will be proposed and the Customer has the right to accept or reject it. If the Customer decides not to accept the alternative proposal, they are entitled to a refund of the sums paid to the Company, without any further compensation.
7.2.5 If the minimum number of participants required by the Organiser is not reached within 10 days prior to departure, the Company has the right to cancel the trip, with the obligation to refund the Customer the sums paid to the Company.
7.3 REVISION OF THE CONTRACT AFTER DEPARTURE
7.3.1 If, after departure, the Company is unable to provide, for any reason or cause, except in cases attributable to the Customer, an essential part of the services covered by the contract, it shall arrange alternative solutions at no extra cost to the Customer and, if the services provided are of lower value than those provided for, compensate the Customer for the difference.
7.3.2 If no alternative solution is possible, or if the solution provided by the Company is rejected by the Customer for serious and justified reasons, the Customer shall be returned to the point of departure with a refund of the sums paid to the Company for the services not used, where applicable, determined in proportion to the total price of the "InfoDolomites package".
8. REPLACEMENTS
8.1 The customer may be replaced by another person provided that:
- the Company is notified in writing at least 4 working days prior to the scheduled departure date, receiving at the same time notification of the transferee's personal details;
- there are no reasons relating to passports, visas, health certificates, hotel accommodation, transport services or anything else that would make it impossible for the transferee to use the package;
- the transferee reimburses the Company for all expenses incurred in making the replacement, to be quantified at the time of notification of the transfer and which shall not be less than the administrative fee of €150.00 referred to in point 7.1.7 above.
8.2 The customer who withdraws remains jointly and severally liable with the transferee for the performance of the contract, including payment of the balance of the price, as well as for the commitments referred to in letter c) of this article.
9. LIABILITY
9.1 The Company shall be held liable for damages caused to the Customer due to total or partial non-fulfilment of the services contractually due, whether these are performed by the Company itself or by third-party service providers, unless it can prove that the event was caused by the Customer or a participant in the trip/holiday (including initiatives automatically undertaken by the latter during the performance of tourist services) or by a party unrelated to the provision of the services provided for in the contract, by unforeseeable circumstances, force majeure, or circumstances that the Company itself could not reasonably foresee or resolve, according to professional diligence.
9.2 The seller with whom the InfoDolomites package was booked is in no way liable for the obligations arising from the travel company but is solely liable for the obligations arising from its role as an intermediary and in any case within the limits of such liability, in accordance with the laws and/or conventions referred to under the heading 'duty of care', point 12.
9.3 In turn, the Company is not liable to the Customer or participant for the seller's failure to fulfil its obligations.
10. COMPENSATION LIMITS
10.1 The compensation payable by the Company may not in any case exceed the compensation provided for in international conventions with regard to the services whose non-performance has given rise to liability, whether contractual or non-contractual, and specifically the Warsaw Convention of 1929 on international air transport, as amended at The Hague in 1955; the Bern Convention (CIV) on rail transport; the Brussels Convention of 1970 (CCV) on the liability of the organiser; and the Athens Convention on maritime transport.
10.2 In any case, the compensation limit for damages other than personal injury may not exceed the amount of "5,000 gold francs germinal for any other damage" provided for in Article 13(2) CCV.
10.3 Third-party suppliers are required to comply with safety, health and insurance standards, as well as to adhere to our general terms and conditions to ensure fair practices.
11. EXCURSIONS AND ACTIVITIES
11.1 InfoDolomites is only responsible for excursions purchased before departure and included in the contract. Excursions purchased on site are regulated directly by the supplier.
12. DUTY OF CARE
12.1 The Company is required to provide assistance to the Customer in accordance with the criteria of professional diligence exclusively in relation to its obligations under the law or contract.
12.2 In the event of delays on departure or return, assistance (meals, overnight stays) is at the discretion of the carrier. InfoDolomites does not guarantee direct operational support.
13. INFORMATION ON WEBSITES AND BROCHURES
13.1 Although it strives to ensure the accuracy of the information published on the websites and in the documents, the Company reserves the right to make any necessary corrections and changes.
13.2 InfoDolomites SRL is solely responsible for the information contained in its official communications and publications and on its own websites. We are not responsible for third-party content (e.g. tourist boards, accommodation facilities) found in other brochures or websites.
14. COMPLAINTS AND CLAIMS
14.1 Any complaints must be reported immediately on site to the representative or supplier of the Company to allow for a timely resolution.
14.2 The Customer must report any complaints that are not resolved immediately to the Company in writing, in the form of a complaint bearing a valid signature, to be sent to the Company's registered office by registered letter with return receipt or to the Company's certified e-mail address [email protected] any discrepancies and defects in the package, as well as any failures in its organisation or implementation, at the time they occur or, if not immediately recognisable, within 10 days of the date of the scheduled return to Italy or to the place of residence.
14.3 If complaints are made at the place where the tourist services are provided, the Company must provide the Customer with the assistance requested in point 12 above in order to find a prompt and fair solution. The Company shall also do the same in the event of a complaint made at the end of the services, ensuring in any case a prompt response to the Customer's requests.
15. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
15.1 The Customer is strongly advised to take out a comprehensive insurance policy covering luggage, personal injury, illness, medical expenses, repatriation, assistance to minors, cancellations, interruptions and civil liability.
15.2 The Customer must have adequate coverage at the time of booking in order to benefit from protection in the event of cancellation or modification. The customer is responsible for taking out the policy; among the companies recommended by customers are World Nomads and Worldwide Travel Insurance, although the customer is free to choose and take out a suitable insurance policy. Please note that some credit cards (e.g. American Express, Diners Club) or associated policies may not be accepted in all countries.
16. WINTER HOLIDAYS – IMPORTANT NOTICE – INSURANCE COVERAGE REQUIRED FOR THE PURCHASE OF A DOLOMITI SUPERSKI SKI PASS
16.1 In accordance with current legislation and the provisions currently in force in the Dolomiti Superski area, in order to purchase a ski pass, it is mandatory to have a valid insurance policy covering third-party liability (“R.C.T.”). This coverage is not included in the travel packages offered by the Company or tour operators.
16.2 This requirement has been introduced to ensure the safety and protection of all users of the slopes and ski facilities. Third-party liability coverage is a protective measure for both the skier and any third parties involved, ensuring financial protection in the event of accidental damage to persons or property occurring during skiing.
16.3 In the case of trips organised by the tour operator of the Company, the ski pass will be purchased and collected on behalf of the customer or participants; however, it should be noted that insurance cover is not included in the package and travellers are responsible for obtaining suitable third-party liability insurance cover, valid for accidents occurring during winter sports. The relevant insurance documentation must expressly indicate the presence of third-party liability cover, with specific reference to skiing activities.
16.4 In order to facilitate the procedure, it is strongly recommended that insurance cover be taken out before departure. There are numerous policies available on the market dedicated to winter sports, including third-party liability coverage.
16.5 Please note that the absence of valid insurance coverage may result in the inability to purchase a ski pass and, consequently, exclusion from access to the slopes and facilities located in Italy in general, and the Dolomiti Superski area in particular.
17. PANDEMICS AND/OR DISASTERS
17.1 In the event of a pandemic or disaster, InfoDolomites SRL will apply the provisions of the Italian Government or the European Union. Itineraries and costs may be subject to change in accordance with current legislation. InfoDolomites declines all responsibility in the event that the customer is a carrier of the virus or pathogen and/or does not comply with the provisions issued by the public authorities.
18.MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006.
18.1 Italian law punishes offences relating to prostitution and child pornography with imprisonment, even if committed abroad.
19. IMAGES
19.1 All images published on the website www.infodolomites.com and on social media channels (Instagram, Facebook, LinkedIn, Truth) are the exclusive property of InfoDolomites SRL and may not be used without prior written consent.
20. APPLICABLE LAW AND JURISDICTION
20.1 The contract is governed by Italian law; for consumers, the Consumer Code applies, for all, the provisions of the Tourism Code (Legislative Decree No. 79 of 2011), as well as the provisions of the Italian Civil Code, the Warsaw Convention of 1929; Bern Convention (CIV); Brussels Convention of 1970 (CCV); Athens and Montreal Conventions of 1999, as applicable.
20.2 This contract is drawn up in Italian and English. In the event of any discrepancy between the Italian text and the English translation, the Italian text shall prevail.
20.3 Any dispute concerning the interpretation and execution of the contract shall be settled exclusively by the Court of Bolzano. If the Customer is a consumer, the criteria for the allocation of jurisdiction and competence of the Consumer Code shall apply.
21. PERSONAL DATA PROTECTION
21.1 The personal data provided will be processed to manage the booking, update mailing lists, prevent fraud and carry out marketing activities. The customer may request at any time not to receive promotional material.
DECLARATION OF ACKNOWLEDGEMENT AND EXPRESS ACCEPTANCE OF THE ABOVE GENERAL TERMS AND CONDITIONS OF CONTRACT
I have read, understood and accept the above stated.General Terms and Booking and Contract Conditions of InfoDolomites SRL
Date __________________________
Customer's signature:
_____________________________________________
I have read and understood the General Terms and Booking and Contract Conditions of InfoDolomites SRL and, in particular, I expressly accept, pursuant to and for the purposes of Article 1341, paragraph 2, of the Italian Civil Code, the following clauses:
1 (Contract); 2 (Purpose of the InfoDolomites Package); 3 (The services provided by InfoDolomites Srl); 4 (Participants’ Obligations); 5 (Price); 6 (Confirmatory deposit and payment of the price); 7 (Withdrawal, revision and cancellation of the contract); 8 (Replacements); 9 (Liability); 10 (Compensation limits); 11 (Excursions and activities); 12 (Duty of Care); 13 (Information on websites and brochures); 14 (Complaints and claims); 15 (Insurance against cancellation and repatriation costs); 16 (Winter holidays – important notice – insurance coverage requirement for the purchase of the Dolomiti Superski ski pass); 17 (Pandemics and/or disasters); 18 (Mandatory communication pursuant to Article 17 of Law 38/2006); 19 (Images); 20 (Applicable law and jurisdiction); 21 (Personal data protection):
Date __________________________
Customer's signature:
_____________________________________________
DECLARATION OF INSURANCE COVERAGE
I, the undersigned, and my group have valid private travel insurance (including civil liability coverage required for ski passes in the case of winter holidays) for the trip booked with InfoDolomites SRL.
Date __________________________
Customer's signature
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