GENERAL TERMS AND CONDITIONS
INTRODUCTION – GOONITALY acts both as a seller, for the sale of package tours and individual services organized by third parties, that the organizer for the customized trips planned and implemented by the consumer using tools on the web site www.goonitaly.com
1 – LEGISLATIVE SOURCES – The sale of packages and tourist services is regulated by Law 27/12/1977 n ° 1084 ratifying and executing the International Convention on Travel Contracts (CCV) signed in Brussels on 23/04/1970, by Legislative Decree n. 206/2005 and Legislative Decree no. 79/2011.
2 – AUTHORIZATIONS
GOONITALY is authorized to carry out sales activities and organization of package tours and services according to the rules in force..
3 – DEFINITIONS
For the purposes of this contract shall apply:
a. Tour operator: the person who creates the combination of the elements listed in the next article and undertakes in his own name and from lump-sum payment to procure packages to third parties;
b. Seller: the person who sells or undertakes to procure tourist packages in accordance with the art. 4 against a lump-sum payment;
c. Consumer of tour packages: the buyer, the transferee of a tourist package or anyone even to be nominated, provided that all the conditions required to use the service, on whose behalf the principal contractor agrees to purchase a tourist package without remuneration.
4 – NOTION OF TOURIST PACKAGE
Under article 34 of the Decree. 79/2011 “the Tourism Code”, the notion of tourist package is as follows:
“Tourist packages regard trips, holidays, package tours, sightseeing cruises, resulting from the combination, created by anyone and in any way, at least two of the elements indicated below, sold or offered for sale at a flat rate:
c) tourist services not ancillary to transport or accommodation provided for the article 36, which constitute, to the satisfaction of the recreational needs of the tourist, significant part of the package. The consumer has the right to receive a copy of the tourist package sales contract (in accordance with Articles 35 and 36 Tourism Code), which is also documents necessary to apply for the Fund under Article Warranty. 20 of these Conditions of Contract..
5 – COMPULSORY INFORMATION – TECHNICAL DATA
The organizer realizes a data sheet, whose statutory elements are:
– Details of the administrative authorization;
– The insurance policy of civil liability;
For “tailor-made trips” planned and implemented by the consumer using tools on the portal www.goonitaly.com for specific customer requirements, the individual suppliers of the various services will provide to the consumer – when required – the exchange rates used at the time of conclusion of the contract, the cost of transportation including fuel costs, fees and landing fees, landing or boarding in ports and airports, local taxes.
6 – BOOKINGS
The booking request must be made on the appropriate form, including electronic, completely filled in and signed by the customer, who will receive a copy. The acceptance of the booking will be accepted only when the organizer sends confirmation, even by telematic system, to the customer at the seller or at the customer’s address himself. Indications not contained in the contract, in brochures or other means of communication, will be provided by the organizer before the start of the trip. In accordance with Legislative Decree n. 79/2011, it does not apply the right of withdrawal provided for in articles. 64 et seq., and articles. 52, 53 and 54.1.
7 – PAYMENTS – In case of sale of packages and tourist services of third parties.
When booking must be paid the sum requested by the organizer, in addition to membership fees and expected additional costs.
In the case of organization of “tailor-made travel” developed and produced by the consumer using tools on the portal www.goonitaly.com with customer specifications.
At the time of booking must be paid the full amount of the cost of the services or the tourist package made, when required. If you are instructed only a down payment, the deadline for payment of the balance of services will be indicated by the system at the time of purchase definition.
The total balance of the remainder will still be paid 30 days before departure.
For reservations made after the 30th day before departure, the consumer is obliged to pay the full amount at the time of signing the contract.
In the case of groups (over the nine participants), the percentage of the advance that must be paid, as well as the dates when will have to be paid, and the deadline for the balance, will be agreed from time to time when contract is signed.
The failure to pay amounts above the established dates constitutes an express termination clause such as to determine, by GOONITALY, in the role of the organizing quality, legal termination of the contract, without prejudice to compensation for further damages
8 – PRICE
The price of the package and / or services is determined in the contract, with reference to what is stated in the catalog or program outside the catalog, and can be changed up to 20 days prior to departure as a result of changes in:
– Transportation costs, including fuel costs;
– Rights and landing fees, landing taxes or boarding taxes in ports and airports, local taxes;
– exchange rates.
For changes we will refer to the exchange rates and to the above costs in effect at the date of publication of the program
9 – CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
If, prior the departure, the organizer who needs to change significantly one or more elements of the contract which might endanger the substance of the use or quality of service agreed upon, it gives immediate written notice to the consumer, indicating the type of change and the change in price that goes with it.
If the proposed amendment is not accepted, the consumer may exercise the right to reimbursement of the sum already paid or to enjoy a package or alternative service as provided by article 10. The consumer can exercise these rights even when the cancellation depends from cases of force majeure or unforeseeable circumstances, relating to the tourist package purchased.
10 – WITHDRAWAL OF THE CONSUMER
The consumer may cancel the contract by notifying in writing to the email address email@example.com
The consumer may cancel the contract without paying penalties in the following hypotheses:
A) increase of the price referred to in art. 8 in excess of 10%;
B) significant modification of one or more elements of the contract as fundamental to the fruition than booked as a whole, and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the consumer.
In such cases, the consumer is entitled to accept an alternative package, without extra cost or with the return of the difference when the second package has a value lower than the first, or may request the return of part of the price already paid. The consumer must communicate his decision in writing no later than two days from the moment of the notice of increase or modification. In the absence of response, the proposal is considered accepted.
The consumer who withdraws from the contract before departure outside the assumptions listed in points A) and B), they will charge (regardless of the down payment in art. 7) cancellation penalties in the form proportional to the time between the date starting, and the dates of the withdrawal as follows:
In case of sale of packages and tourist services of third parties.
They will prevail on the General Conditions of Contract organizer chosen by the consumer.
In the case of “customized trip” developed and produced by the consumer using tools on the portal www.goonitaly.com with customer specifications.
Cost of flights or sea or other
· 100% for total or partial cancellations made from the reservation date.
Costs of hotel services and other services necessary for the completion of the mandate
· 30% for total or partial cancellations made from the booking date to 45 days before departure;
· 50% for total or partial cancellations made from the 44th to the 30th day before departure;
· 75% for total or partial cancellations made from the 29th to the 7th day before departure;
· 100% for total or partial canceled from the 7th day before departure onwards.
Registration fees and ancillary costs will be charged to the consumer to the extent of 100% of their value.
In the case of groups (over the nine participants) such payments will be agreed from time to time the contract is signed.
11 – CHANGES AFTER DEPARTURE
The organizer, if after the departure is unable to provide for any reason, except for facts of the consumer, an essential part of the contracted services will prepare alternative solutions without price supplements, refunding the difference to consumer when the services provided were of less value than those foreseen.
If there is no alternative solution, or when the solution offered by the organizer is refused for valid and justified reasons, the organizer will provide at no extra cost, and consistent with the availability of means and places, a means of transport equivalent to that originally planned for the return to the departure place, and shall refund the customer the difference between the cost of benefits provided and the performance up to the moment of the early return.
12 – REPLACEMENTS
The withdrawing consumer can be substituted by another person provided that:
A) the replacement is made possible by the carriers and regulations of the destination countries;
B) the organizer is informed in writing at least four working days before the departure date, recieving information regarding the reasons for the replacement and the transferee;
C) the substitute satisfies all the conditions for using the service and in particular the requirements for passports, visas, health certificates;
D) the same services or other services in place can be provided following the substitution;
E) The repayments substitute organizer expenses incurred for replacement, to the extent that will be quantified before the sale.
Transferor and transferee are jointly and severally liable for the payment of the price as well as any expenditure referred to in point E) of this article.
13 – OBLIGATIONS OF CONSUMERS
Consumers inform GOONITALY of their citizenship and will ensure to be bearing the individual passport and any other valid document for the countries of the itinerary, as well as visas, transit and health certificates when required . Consumers will find information at the government stations, and will provide, before departure, to verify the update with the competent authorities. No responsibility for the failed departure of one or more consumers may be attributed to the organizer.
Consumers must also comply with the normal prudential rules beyond those specifications in force in the countries of destination, to the information provided by the organizer and administrative or legislative provisions relating to the tourist package. Consumers will be liable for all damages that the organizer may also suffer due to non-compliance with the above mentioned obligations.
The consumer must provide the organizer with all documents and information in its possession relevant to the exercise of the right of subrogation of the latter to third responsible for the damage, and is responsible to the organizer for prejudice to the right to subrogation.
The consumer must inform the seller and the organizer of any its requirements or conditions (pregnancy, food allergies, disabilities, etc …) and to specify the demand for personalized services. The consumer will inform the organizer in writing, at the time of booking, the details to be considered the subject of specific agreements on the travel arrangements, provided that it is possible to implement.
14 – HOTELS CLASSIFICATION
The classification of hotels is provided according to the instructions of the competent authorities of the country where the service is provided. In the absence of official classifications, the organizer will provide its own description of the accommodation in order to permit an evaluation. As per international regulations, the rooms and/or apartments will be delivered after 16.00 hours and the day of departure must be vacated by 10.00 am (local time) unless otherwise indicated.
15 – LIABILITY SCHEME
The organizer is liable for damages caused to the consumer in the event of breach of the due contractual performances, whether these are performed by him or by third party suppliers, unless it proves that the failure was caused by the consumer (including initiatives independently undertaken by the latter during the execution of tourist services) or by circumstances beyond the provision of the expected services, by accident, force majeure and circumstances that the organizer could not reasonably foresee or solve. The seller is liable as to its role as intermediary and in any case within the limits set by the rules.
16 – LIMITS OF COMPENSATION
Compensation for damages can’t in any case exceed the limits indicated in articles 94 and 95 of Legislative Decree n. 206/2005.
17 – ASSISTANCE OBBLIGATIONS
The organizer provides assistance to the consumer according to the criterion of professional diligence exclusively for its obligations, according to the law or contract. The organizer shall be relieved of all responsibility when the failure or improper performance of the contract is attributable to the consumer or to a fact of unpredictable or unavoidable, or by accident or force majeure.
18 – COMPLAINTS
Any failure in the contract must be contested by the consumer on the spot and without delay so that the organizer will put an early correction. Otherwise it can not be denied the breach of contract. The consumer must also file a complaint to the organizer no later than ten working days from the date of return by writing to firstname.lastname@example.org
19 – INSURANCE AGAINST COSTS OF CANCELLATION AND RETURN
It is suggested to take out insurance against the costs arising from the cancellation of the package or trip “to measure”, for accidents and lost or damaged luggage.
20 – GUARANTEE FUND
The Legislative Decree n. 79/2011 amended by Law 115 of 2015 gives to tourism businesses the obligation to protect consumers from the risk of insolvency or bankruptcy by taking out an insurance policy or accession to the Guarantee Fund private Partnership established by the Category Associations. The Fund set up to protect consumers warranty, provides the following requirements in the event of insolvency or bankruptcy of the seller or the organizer: a) refund of the price paid; B) – repatriation in case of trips abroad.
GOONITALY subscribes to and participates in the formation of the Fund “IL SALVAGENTE”established by AIAV (Italian Association of Travel Agents) pursuant to art. 50 paragraph 3 of the Tourism Code.
Compulsory communication according to art. 17 of Law n. 38/2006: The Italian law punishes with imprisonment crimes related to prostitution and child pornography even if committed abroad.
Aut. SCIA City of Torino n. AP-1 / S130-2016-184 of 07/14/16 – policy R.C. UnipolSai n. 1/72444/319/147424249 – Limit € 2,065,828.00
GOONITALY is a trademark of GOOGITALY SRL – Corso Novara, 99 – Torino (TO) – P.I. 11558650013
GOOGITALY SRL is associated with A.I.A.V. – Italian Association of Travel Agents