Travel contract: general terms and conditions
In addition to the following general conditions, the pre-contractual information form, the sales contract, the description of the tourist package described on the website www.walkaboutitaly.com, as well as the confirmation of the booking of the requested services are an integral part of the travel contract by the traveler.
In signing the offer to buy the tourist package, the traveler declares to have read and accepted, for himself and for the subjects for whom he requests the service, both the travel contractas regulated therein, and the warnings contained therein, both these general conditions.
- LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided both nationally and internationally, is governed by the Tourism Code, specifically by Articles 32 to 51 – novies, as amended by Legislative Decree 21 May 2018 n.62 of transposition and implementation of EU Directive 2015/2302 as well as by the provisions of the Italian civil code on transportation and mandate, as applicable.
- ADMINISTRATIVE SYSTEM
Walk About Italy by Stanghellini Gianni, acts as a certified Tour Operator in compliance with current European, national and regional legislation; it is equipped with compulsory insurance coverage, indicated in the specific pre-contractual information form and in the sales contract.
- a) Traveler: anyone who intends to conclude a contract, or stipulates a contract or is authorized to travel on the basis of a contract concluded, within the scope of the law on organized tourism contracts;
b) Durable support: any tool that allows the traveler or tour operator to keep the information that is personally addressed to him in order to be able to access it in the future for a period of time suitable for the purposes for which it is intended and which allows the identical reproduction of the stored information (by way of example and not limited to the email provided by the traveler);
c) Inevitable and extraordinary circumstances: a situation beyond the control of the party who invokes such a situation and whose consequences would not have been avoided even by adopting all reasonable measures;
d) Lack of conformity: serious discrepancy with respect to the tourist services included in a package.
- CONCEPT OF TOURIST PACKAGE
The concept of “tourist package”, pursuant to art. 33 of the Tourism Code is intended as:
the combination of at least two different types of tourist services such as: 1) the transport of passengers; 2) accommodation that is not an integral part of passenger transportation and it is not intended for residential purposes, or for long-term language courses; 3) the rental of cars, other vehicles or motorcycles and which require a category A driving license; 4) any 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.
For the purposes of the same trip or the same vacation, if at least one of the following conditions occurs: l) these services are combined by a single professional, also at the request of the traveler or in accordance with his selection, before a single contract is concluded for all the services; 2) these services, even if concluded with separate contracts with individual suppliers, are: 2.1) purchased at a single point of sale and selected before the traveler consents to payment; 2.2) offered, sold or invoiced at a flat or global price; 2.3) advertised or sold under the denomination “package” or similar denomination; 2.4) combined after the conclusion of a contract with which the professional allows the traveler to choose from a selection of different types of tourist services or purchased from distinguished professionals through connected booking processes electronically where the traveler’s name, payment details and the e-mail address are sent by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or these last professionals is concluded at the latest 24 hours after confirming the booking of the first tourist service .
- CONTENT OF THE CONTRACT
At the time of conclusion of the contract for the sale of the tourist package, or as soon as possible, Walk About Italy will provide the traveler with a copy or confirmation of the contract on a durable medium, such as the email provided by the traveler.
The traveler has the right to a hard copy if the contract for the sale of the tourist package has been stipulated in conjunction with the simultaneous presence of the parties.
- TRAVELER INFORMATION
Before the journey begins, Walk About Italy communicates the following information to the traveler:
- a) timetables, intermediate stops and connections. In the event that the exact time is not yet established, the approximate time of departure and return will be communicated to the traveler;
- b) location, main characteristics and, where applicable, the tourist category of the accommodation;
- c) the meals provided, included or not;
- d) visits, excursions or other services included in the total agreed price of the package;
- e) the tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group;
- f) the language in which the services are provided;
- g) if the tour is suitable for people with reduced mobility and, at the traveler’s request, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler;
- h) the total price of the package including taxes and all rights, duties and other additional costs, including any administrative and management costs of the files, or, if these cannot be reasonably calculated before the conclusion of the contract, an indication the type of additional costs that the traveler may still have to bear;
- i) the payment methods, including any amount or percentage of the price to be paid as a deposit and the calendar for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
- j) information on the option for the traveler to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if applicable, the standard withdrawal costs requested by the organizer.
Upon signing the contract for the sale of the tourist package, the traveler must pay:
- a) confirmation deposit on the price of the tourist package published in the catalog or in the quotation of the package provided. The balance must be paid without delay within the deadline established in the pre-contractual information form;
- b) for bookings made after the date indicated as the deadline for making the balance, the entire amount must be paid at the time of signing the purchase proposal.
Failure for Walk About Italy to receive the sums indicated above on the established dates will result in the automatic termination of the contract to be communicated by simple written communication, via pec or by e-mail, of the traveler. The balance of the price is considered to have occurred when the sums reach the organizer by the traveler.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog and to any updates thereto subsequently occurred, or on the Walk About Italy website.
The total price is composed of:
– Confirmation deposit for the management and administration of the practice;
– Balance of the price of the guided tour;
- MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Walk About Italy reserves the right to unilaterally change the conditions of the contract, other than the price, if the change is of little importance. The communication is made clearly and precisely through a durable medium, such as e-mail.
If before departure there is the need to significantly modify one or more main characteristics of the tourist services, or the specific requests made by the traveler and already accepted by Walk About Italy cannot be met, the traveler can accept the proposed change or withdraw from the contract without paying withdrawal costs.
If the traveler does not accept the proposed modification referred to in the previous paragraph, by exercising the right of withdrawal, Walk About Italy will be able to offer the traveler a replacement package of equivalent or higher quality.
Walk About Italy, informs the traveler via email, without undue delay, clearly and precisely of the proposed changes referred to in paragraph 2 of this article; the traveler communicates his choice to the organizer or intermediary within two working days from the moment he received the notice indicated in paragraph 1. In the absence of communication within the aforementioned term, the proposal made by the organizer is considered accepted.
If the changes to the contract for the sale of the tourist package or the replacement package referred to in paragraph 2 involve a package of lower quality or cost, the traveler is entitled to an adequate reduction in the price.
In case of withdrawal from the tourist package sale contract pursuant to paragraph 2, and if the traveler does not accept a replacement package, the organizer reimburses without undue delay and in any case within 15 days of withdrawal from the contract all payments made by or on behalf of the traveler.
- TRAVELER’S WITHDRAWAL
The traveler can withdraw from the contract without paying penalties in the following cases:
– significant modification of one or more elements of the contract objectively configurable as fundamental for the purposes of the use of the overall tourist package considered and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the traveler;
– cannot satisfy the specific requests made by the traveler and already accepted by the Organizer.
In the above cases, the traveler can:
– accept the alternative proposal where formulated by the organizer;
– request the return of the sums already paid.
The return will be made within the legal deadline indicated in the previous article.
In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the performance of the tour package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract, before the start of the package, without paying withdrawal costs, and the full refund of payments made for the package, but is not entitled to any additional compensation.
Any traveler who withdraws from the contract before departure for any reason, even unexpected, outside of the hypotheses listed in the first paragraph, will be charged of: the individual cost of practical management, the services already rendered, the penalty to the extent indicated below, except for any more restrictive conditions – linked to periods of high season or full occupation of the structures – which will be communicated to the traveler during the estimate and therefore before the conclusion of the contract:
Number of days preceding the beginning of the tour and cancellation fee
90+ days —> no fee
65-90 days —> deposit is transferrable to another tour of choice of the client to be used before two years from the date of cancelled tour
35-65 days —> 60%
0-35 days —> 100%
Penalties for cancellation are calculated based on the total cost of the tour.
- INEXACT EXECUTION AND IMPOSSIBILITY WHICH HAPPENED
Walk About Italy reserves the right to change the suggested itinerary when this is required by appropriate circumstances, by way of example and not limited to: days of closure of museums and restaurants, interrupted paths, strikes, interruption of service by one of our suppliers. If such a change becomes necessary, Walk About Italy will endeavor to replace the service in question with alternative solutions, while maintaining the same quality of the itinerary stipulated and not entailing any type of burden for the traveler.
The cases listed above cannot be considered serious conformity defects and therefore no price reductions or refunds are foreseen.
Walk About Italy is responsible for the performance of the tour provided for in the sales package tourist contract. The traveler, in compliance with the obligations of correctness and good faith referred to in articles 1175 and 1375 of the civil code, informs the organizer promptly, taking into account the circumstances of the case, of any serious conformity defects detected during the execution of a tourist service provided by the tourist package sales contract.
If one of the tourist services is not carried out as agreed in the package travel contract, the organizer will remedy the serious lack of conformity, unless this is impossible or is excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the organizer does not remedy the defect, the traveler is entitled to a reduction in the price, unless the organizer proves that the serious lack of conformity is attributable to the traveler or to a third party unrelated to the provision of the tourist service or is of a character inevitable or unpredictable or due to extraordinary and inevitable circumstances.
Without prejudice to the above exceptions, if the organizer does not remedy the serious lack of conformity within a reasonable period set by the traveler with a specific dispute, the organizer can personally remedy the defect or request reimbursement of the necessary, reasonable and documented expenses.
- REPLACEMENTS AND PRACTICAL CHANGE
The traveler, subject to prior notice given to the organizer on a durable medium no later than ten days before the start of the tour, can transfer the contract for the sale of a tourist package to a person who meets all the requirements for using the service and who has the willingness to participate in the tour, as reported in the pre-contractual information form.
The transferor and the transferee of the tourist package sales contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and management costs of the practices resulting from this transfer.
The organizer informs the transferor of the actual costs of the transfer, which do not exceed the costs actually incurred by the organizer as a consequence of the sale of the package travel contract and provides the transferor with proof of rights, taxes or other additional costs, resulting from the assignment of the contract.
- OBLIGATIONS OF TRAVELERS
Without prejudice to the obligation of timely communication of the lack of conformity, as provided for in art. 10 paragraph 1 of this contract, travelers must comply with the following obligations:
– Travelers must find the corresponding information through their diplomatic representations in Italy and / or through their respective official government information channels.
– For the rules relating to the expatriation of minors, please refer specifically to what is indicated on the State Police website. However, it should be noted that minors must have a valid personal document for travel abroad or a passport or, for EU countries, an identity card valid for expatriation.
If, on the booking date, the chosen destination is the location subject to “warning” for security reasons from the institutional information channels, the traveler who subsequently exercises the withdrawal may not invoke, for the purposes of exemption or reduction of the compensation request due to the withdrawal, the termination of the contractual cause related to the country’s security conditions.
Travelers must also comply with the rules of normal prudence and diligence, with all information provided to them by the organizer, as well as with regulations, administrative or legislative provisions relating to the tourist package.
Travelers will be called to answer for all damages that the organizer should suffer also due to failure to comply with the above obligations.
The traveler is required to provide the organizer with all the documents, information and elements in his possession that are useful for exercising the latter’s right of subrogation towards the third parties responsible for the damage and is responsible towards the organizer of the injury caused by the right of subrogation.
The traveler will also write to the organizer, at the time of the offer to buy the tourist package and therefore before sending the booking confirmation of the services by the organizer, the particular personal requests that may form the subject of specific agreements on the method of the tour, provided that it is possible to implement it and in any case be the subject of a specific agreement between the traveler and the Organizer.
- TOUR INFORMATION
By booking the tour, the traveler declares his will, as well as his physical ability to participate in the tour and for the activities planned within the tour.
The traveler declares himself aware that by participating in the tour there may be risks such as, by way of example and not limited to: traveling remote areas, traveling by car, van, bus, boat, bicycle or other means of transportation; the forces of nature; accidents and / or illness in remote locations without immediate evacuation or medical facilities.
The traveler therefore declares himself aware of all the risks associated with the activities such as, by way of example and not limited to: excursions, walks, hiking and other related activities, meals and services organized by Walk About Italy and expresses his willingness to keep Walk About Italy and his collaborators, free from any and all responsibility and every kind and type of request, which may arise in connection with the tour or participation in any other activity organized for him/her by Walk About Italy and / or by its agents and collaborators made without prejudice to gross negligence or willful misconduct of Walk About Italy and / or its agents and collaborators.
The traveler is informed that in relation to the services that have not been used during the tour, there are no partial refunds, by way of example and not limited to: hotel rooms, meals or any other service included in the tour price. The tour price is indicated as the total cost of the package. Refunds or coupons are not provided for services not used during the tour.
- ASSISTANCE OBLIGATION
The organizer provides adequate assistance without delay to the traveler in difficulty even in the circumstances referred to in article 42, paragraph 7, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and assisting the traveler in make remote communications and help him find alternate tourist services. The organizer can demand the payment of a reasonable cost for such assistance if the problem is intentionally caused by the traveler or through his own fault, within the limits of the expenses actually incurred.
- JURISDICTION AND FINAL CLAUSES
Any dispute relating to this contract will be the exclusive competence of the Court of Siena. For all matters not expressly provided for in this contract, reference is made to the general principles of Italian law and to the rules referred to in the Italian civil code.
PERSONAL DATA PROCESSING AND USE OF THE IMAGE
The traveler is informed that specific information will be submitted to him for the processing of personal data, pursuant to the provisions of art. 13 of EU Regulation 2016/679. Traveler’s data will be processed in compliance with the aforementioned legislation and all the obligations established by laws or regulations and will be stored in magnetic and paper archives. The Data Controller is mr. Gianni Stanghellini, in his capacity as owner and legal representative of Walk About Italy.
The traveler is also informed that the relative release will be submitted to the use of the images, pursuant to RD 633/1941, for the purpose of publishing the promotional images of the tour on the Walk About Italy website and on the social media.
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW N ° 38/2006.
Italian law punishes crimes involving prostitution and child pornography with imprisonment, even if committed abroad.
Pursuant to and for the purposes of art. 1341 and following of the civil code, the traveler declares to accept the following clauses: art.2, art. 6, art. 8, art. 9; art. 10; art. 11; art. 12; art. 13; art 15 where such are only the vexatious clauses