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Sales Contract
General Terms and Conditions of the Sales Contract for Tourist Packages

  1. PREAMBLE. DEFINITION OF TOURIST PACKAGE
    Whereas:
    a) Legislative Decree No. 111 of 17.3.95, which implements Directive 90/314/EC, provides for the protection of the consumer, stating that the organizer and the seller of the tourist package, whom the consumer addresses, must have the administrative authorization to carry out their activities (Art. 3/1, letter a, Legislative Decree 111/95).
    b) The consumer has the right to receive a copy of the tourist package sales contract (pursuant to Art. 6 of Legislative Decree 111/95), which is an essential document to access, if necessary, the Guarantee Fund referred to in Art. 19 of these General Terms and Conditions.
    The definition of “tourist package” (Art. 2/1 Legislative Decree 111/95) is as follows:
    Tourist packages consist of trips, holidays, and “all-inclusive” tours resulting from the prearranged combination of at least two of the following elements, sold or offered for sale at a flat-rate price, with a duration of more than 24 hours or extending over a period including at least one overnight stay:
    a) transportation;
    b) accommodation;
    c) tourist services that are not ancillary to transportation or accommodation and form a significant part of the “tourist package.”

  2. LEGISLATIVE SOURCES
    The sales contract for a tourist package is governed, in addition to these general terms, by the clauses indicated in the travel documentation provided to the consumer. This contract, whether it involves services in national or foreign territory, will also be governed by the provisions—where applicable—of Law No. 1084 of 27/12/1977 ratifying and implementing the International Convention concerning the Travel Contract (CCV) signed in Brussels on 23.4.1970, as well as the aforementioned Legislative Decree 111/95.

  3. MANDATORY INFORMATION – TECHNICAL SHEET
    The organizer is obliged to include a technical sheet in the catalog or off-catalog program. The mandatory elements to be included in the technical sheet of the catalog or off-catalog program are:

  • details of the organizer’s administrative authorization;
  • details of the liability insurance policy;
  • validity period of the catalog or off-catalog program;
  • exchange rate reference for currency adjustments, day or value;
  1. BOOKINGS
    The booking request must be completed on a specific contract form, filled in all its parts, and signed by the client. The signature on the booking form constitutes the acceptance of the general terms and conditions of the Bicievacanze contract by all participants. The booking is considered finalized, with the contract concluded, only when the organizer sends a confirmation, also via electronic means, to the client through the selling travel agency.
    Any details regarding the tourist package not contained in the contract documents, brochures, or other written communication will be provided by the organizer in compliance with the obligations under Legislative Decree 111/95, in a timely manner before the start of the trip.

The contracting parties are:
a) Bicievacanze “organizer”
b) The Client
hereinafter referred to as “consumer.”

Content of the contract
The booking contains the following elements: names of groups or clients, arrival and departure dates, number and type of rooms booked, description of the package provided, as well as the type and description of the services booked, description of the accommodations, prices, surcharges, and reductions. Unless expressly stated otherwise in the contract, the conditions indicated will apply. All prices are in Euro or the currency indicated and include VAT as required by law. Collateral agreements and amendments to the signed contract require written confirmation from Bicievacanze.

  1. PAYMENTS
    Upon receiving the booking contract or making a binding request, the Client will pay a deposit of 25% of the expected travel price. The balance will be paid without further reminders, no later than 30 days before the trip starts. If the trip price is not paid to Bicievacanze by the indicated deadlines, Bicievacanze can withdraw from the contract and request the corresponding penalties. In the case of a booking made within 30 days before the start of the trip, the price must be paid immediately in a single payment.
    Any fees for crediting the amounts due are the responsibility of the Client.
    The necessary travel documentation will be sent to the Client after the full payment of the amounts owed and no later than two weeks before the trip begins.
    Once payment has been made, a copy of the payment receipt should be sent via email to (info@bicievacanze.it).
    Once the payment confirmation is made, processing fees will be charged for any modifications to the agreed booking.
    Failure to pay the amounts by the established dates constitutes a resolving clause, meaning the travel agency and/or organizer may terminate the contract.

  2. PRICE
    The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or off-catalog program and any subsequent updates to those catalogs or programs. It can be modified up to 20 days before departure and only due to changes in:

  • transportation costs, including fuel costs;
  • rights and taxes on certain types of tourist services such as taxes, landing, boarding or disembarkation fees at ports and airports;
  • exchange rates applied to the package in question.
    For such changes, reference will be made to the exchange rates and the above costs in effect on the date of publication of the program as shown in the technical sheet of the catalog or on the date indicated in any updates mentioned.
    The fluctuations will affect the flat price of the tourist package by the percentage explicitly indicated in the technical sheet of the catalog or off-catalog program.
  1. CONSUMER CANCELLATION – CHANGES TO THE BOOKING
    The consumer may cancel the contract without penalty in the following cases:
  • a price increase as described in the previous Art. 6 exceeding 10%;
  • a significant change to one or more essential elements of the contract, as objectively necessary for the overall enjoyment of the tourist package, proposed by the organizer after the contract has been concluded but before departure, and not accepted by the consumer.

In the above cases, the consumer has the right to:

  • benefit from an alternative tourist package, without additional cost, or with the refund of the price difference if the second package is of lower value than the first;
  • a refund of the part of the price already paid. This refund must be made within seven working days from the request for reimbursement.
    The consumer must communicate their decision (to accept the change or cancel) within two working days from the receipt of the notice of the increase or change. If no explicit communication is made within the above-mentioned period, the proposal made by the organizer is considered accepted.

A consumer who cancels the contract before departure, outside of the cases mentioned in the first paragraph, will be charged – minus the deposit paid as per Art. 5/1 – the penalty amount as indicated in the technical sheet of the catalog or off-catalog program (in addition to the individual practice management fee).

Cancellation Penalties
A client who cancels the contract before departure, outside of the cases listed in the previous paragraphs of this article, will be charged the following cancellation penalties, regardless of the deposit payment required in Art. 5. The percentages are calculated based on the number of days before the start of the trip when the cancellation occurs (the days are calculated excluding the day of cancellation, with the written communication of cancellation being received on a working day prior to the trip start):

Cancellation Penalties:

  • Cancellation up to 28 days before the trip: 30% of the total amount
  • Cancellation from 27 to 14 days before the trip: 40% of the total amount
  • Cancellation from 13 to 8 days before the trip: 50% of the total amount
  • Cancellation from 7 to 4 days before the trip: 80% of the total amount
  • Cancellation from the third day before the trip or No Show: 100% of the total amount
  • Interruption of the trip: 100% of the total amount

Cancellation Penalties for Bike and Boat Trips:

  • Cancellation up to 84 days before the trip: 20% of the total amount
  • Cancellation from 83 to 42 days before the trip: 30% of the total amount
  • Cancellation from 41 to 28 days before the trip: 60% of the total amount
  • Cancellation from 27 to 4 days before the trip: 80% of the total amount
  • Cancellation from the third day before the trip or No Show: 90% of the total amount
  • Interruption of the trip: 100% of the total amount

The same amounts will be charged to those who cannot travel due to missing or irregular personal travel documents. No refund is provided for those who decide to interrupt the trip or stay already undertaken.
It is advisable to take out insurance in case of contract cancellation (see the specific section).

Booking Changes
Changing a booking to another date or trip generally incurs the same fees as cancellation. Therefore, changing a booking to another date or trip is treated as a cancellation.
Exceptions are made for changes to the same trip within 21 days before the start of the trip. In these cases, Bicievacanze charges only a processing fee of €50.00. Changes after the mentioned deadline require confirmation from the organizer, and the resulting costs are the responsibility of the client.
Up to 14 days before the start of the trip, changes to the booking regarding the number and type of rooms, hotel category, and type of treatment are possible, as long as it is feasible within the hotels and there is availability. The additional cost for these changes is €50.00.


8) MODIFICATION OR CANCELLATION OF THE TOUR PACKAGE BEFORE DEPARTURE

Bicievacanze reserves the right to modify the sequence of services included in the package as well as to replace the agreed services with others of equal or superior value, provided that the overall accommodations are not modified except for minimal adjustments.
In the event that, before departure, the organizer notifies the consumer in writing of their inability to provide one or more of the services included in the tour package, offering an alternative solution, the consumer may alternatively exercise the right to recover the amount already paid or accept the proposed alternative tour package (pursuant to the second and third paragraphs of Article 6).

The consumer can exercise the above rights even when the cancellation is due to the failure to reach the minimum number of participants required in the catalog or in the out-of-catalog program, or due to force majeure or unforeseen events related to the purchased tour package.

For certain trips, a minimum number of participants is required. If the minimum number of participants is not reached three weeks before the start of the trip, or within the periods indicated in the trip sheet of the tour, the organizer has the right to cancel the trip. All payments made by the customer will be refunded immediately and in full. The customer has no right to any other refunds or compensation. In cases of danger or force majeure, the organizer also has the right to cancel the trip.
For cancellations other than those caused by force majeure, unforeseen events, and failure to reach the minimum number of participants, as well as for those other than the consumer’s non-acceptance of the alternative tour package offered (pursuant to Article 6), the organizer who cancels (ex Article 1469-bis No. 5 Civil Code) will refund the consumer double the amount paid and received by the organizer, through the travel agent.
The refunded amount will never exceed double the amounts the consumer would owe as of the same date under Article 6, 4th paragraph if the consumer had canceled.

9) CHANGES AFTER DEPARTURE

If, after departure, the organizer is unable to provide, for any reason other than a consumer’s fault, an essential part of the contracted services, they must provide alternative solutions, at no extra cost to the consumer. If the provided services are of lesser value than the agreed ones, the consumer will be refunded the difference.
If no alternative solution is possible, or if the solution proposed by the organizer is rejected by the consumer for serious and justified reasons, the organizer will provide, at no extra cost, an equivalent means of transport for the return to the departure location or another agreed location, depending on transport availability, and will refund the difference between the value of the planned services and the services actually provided up to the time of the early return.

10) SUBSTITUTIONS

The cancelling customer can be replaced by another person provided that: a) The organizer is notified in writing at least 4 working days before the scheduled departure date, along with the substitute’s details; b) The substitute meets all the conditions for enjoying the service (pursuant to Article 10 Legislative Decree 111/95), including passport requirements, visas, and health certificates; c) The substitute reimburses the organizer for all expenses incurred for the replacement, as specified before the transfer.

The consumer may exercise the above rights even when the cancellation is due to failure to reach the minimum number of participants required in the catalog or out-of-catalog program, or due to force majeure or unforeseen events related to the purchased tour package.
The original and substitute participants are jointly responsible for paying the balance of the price and the amounts under letter c) of this article.
In relation to some types of services, a third-party supplier may not accept the name change of the substitute, even if done within the deadline mentioned in point a).
Therefore, the organizer will not be responsible for any refusal by third-party service providers. The organizer will promptly communicate this refusal to the interested parties before departure.

Bicievacanze may oppose the participation of the third person if they do not meet the specific requirements of the trip. In this case, the conditions for withdrawal apply. If this third person can replace the originally registered participant, the original contract remains unchanged. Any additional costs will be borne by the customer. In any case, Bicievacanze is not responsible for any non-acceptance by intermediaries of other travel organizers.

11) OBLIGATIONS OF PARTICIPANTS

Participants must carry an individual passport or another valid document for all the countries visited during the trip, as well as any required visas and health certificates. They must also adhere to the rules of normal prudence and diligence and any specific regulations in force in the countries visited, follow all information provided by the organizer, and comply with the administrative or legal regulations related to the tour package. Participants will be liable for any damage the organizer suffers due to their failure to meet these obligations.
The consumer must provide the organizer with all the documents, information, and elements useful for exercising the organizer’s right of substitution against third parties responsible for damage, and is liable to the organizer for any prejudice caused to the right of substitution.
The consumer must also notify the organizer in writing, at the time of booking, of any personal requests that may form the basis of specific agreements regarding the trip, provided that it is possible to implement them.

12) HOTEL CLASSIFICATION

The official classification of hotel structures is provided in the catalog or other informational materials solely based on the express and formal indications of the competent authorities in the country where the service is provided.
In the absence of official classifications recognized by the competent Public Authorities of the countries, including EU members, where the service applies, the organizer reserves the right to provide its own description of the accommodation in the catalog or brochure, allowing the consumer to evaluate and accept it.

13) LIABILITY REGIME

The organizer is responsible for damages caused to the consumer due to total or partial non-performance of the services owed under the contract, whether provided by the organizer or third-party suppliers, unless the organizer proves that the event resulted from the consumer’s actions (including autonomous actions taken by the consumer during the provision of the services) or from circumstances beyond the provision of the contracted services, from unforeseen events, force majeure, or circumstances the organizer could not reasonably have anticipated or resolved.
The seller where the package is booked is not liable in any case for the obligations arising from the organization of the trip, but is only responsible for the obligations arising from its role as an intermediary and in any case within the limits set by the laws or conventions mentioned above.

Bicievacanze guarantees, at the time of catalog printing and within the scope of professional responsibility, a thorough preparation of the trip, careful selection and control of service providers, and the correctness of the service descriptions for the trip’s scheduled date.

Participation in cycling tours/trekking weeks/cross-country skiing weeks is at the participant’s own risk. Minors can participate in a trip only if accompanied by a legally responsible person.

Each participant in the trips is responsible for their physical condition, ensuring it meets the requirements of the trip.
Observing traffic rules is the participant’s responsibility. For transport by bus, ship, airplane, etc., the conditions established by the respective transport providers apply.

We are not responsible for the impossibility of carrying out certain scheduled visits if the cause is beyond our control (restoration work, reconstruction, etc.).
In case of loss or damage to luggage, we are only responsible if it is proven to be caused by us, if reported immediately after the incident, and in any case, up to a maximum amount of €200.00 per person. We are not responsible for: – objects not typically transported in luggage; – means of payment of any kind; – superficial damage and damage to handles and wheels; – damage to luggage exceeding 20 kg in weight.

Transporting customers’ bicycles is only at the customer’s risk, both during the trip and on transfers. The trailer attachment structures are set up for the organizer’s bikes, so small damages, especially to the paint, may occur on external bikes; therefore, we cannot be held responsible for any damages during transport. This limitation also applies to other transports and tours.

14) COMPENSATION LIMITS

Compensation under Articles 44, 45, and 47 of the Tourism Code and related prescription periods are governed by what is provided therein and, in any case, within the limits established by the CCV, the International Conventions regulating the services forming part of the tourist package, as well as Articles 1783 and 1784 of the Civil Code, except for damages to persons, which are not subject to preset limits.

15) ASSISTANCE OBLIGATION

The organizer is obliged to provide the assistance measures required by professional diligence exclusively regarding their obligations by law or contract.
The organizer and the seller are exempt from their respective responsibilities (Articles 13 and 14) when the failure or incorrect execution of the contract is attributable to the consumer or results from the actions of a third party that are unpredictable or unavoidable, or from force majeure or unforeseen circumstances.

16) COMPLAINTS AND REPORTS

The consumer is obliged to assist in resolving any problems that occur during the provision of services and to limit the extent of any damages or ideally avoid them entirely.
Any shortcomings in the execution of the contract must be reported by the customer as soon as possible so that the organizer, their local representative, or the tour guide can promptly remedy the issue.
The customer must use the phone numbers provided with the travel documents to immediately report any service failures. This will allow the organizer to intervene as quickly as possible.
Complaints will not be accepted if this report is not made during the trip in case of malfunctions or issues.

The consumer must also file a complaint by sending a registered letter with return receipt to the organizer or seller, no later than ten working days from the return date of the trip.

17) INSURANCE AGAINST CANCELLATION FEES AND REPATRIATION

If not explicitly included in the price, it is possible and even recommended to take out special insurance policies at the time of booking, covering cancellation fees, injuries, and luggage. It will also be possible to take out a contract covering repatriation expenses in case of accidents or illnesses.

18) COMPETENT COURT

The competent court is Milan. The parties are obliged to seek solutions through every possible means to peacefully resolve any disputes.

19) GUARANTEE FUND

The National Guarantee Fund, established to protect tourists holding a contract, covers the following needs in case of insolvency or declared bankruptcy of the intermediary or organizer: a) reimbursement of the price paid; b) repatriation in case of overseas travel.

The Fund must also provide immediate financial availability in case of forced repatriation of tourists from non-EU countries during emergencies, whether attributable to the organizer’s actions or not.
The Fund’s intervention methods are established by the Decree of the President of the Council of Ministers dated 23/07/99, No. 349, and requests for refunds to the Fund are not subject to any expiry period.
The organizer and the intermediary contribute to this fund as specified by Article 51 of the Tourism Code, through the payment of the mandatory insurance premium they are required to take out, part of which is paid into the Fund as per the methods specified by Article 6 of DM 349/99.



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