GENERAL CONDITIONS OF SALE:
1. Introduction
IssTravel di Aemmes71 srls., With registered office in Rosignano Marittimo (Italy), Località Bargingo 28, VAT number 02948700923, hereinafter referred to as "IssTravel" is a TOUR OPERATOR with the authorization of the Tuscany Region which, through its multi-channel booking system, operates by telephone, via the internet via www.isstravel.eu, or and / or agencies, in Italy or abroad, it allows private users (hereinafter "Customers" or the singular "Customer") to be able to book stays for tourist purposes in accommodation facilities such as Hotels, Villages, Resorts, Bed & Breakfasts, Villas and Apartments, Residences, Agritourisms, etc ... (hereinafter "Accommodation Facilities" or in the singular "Accommodation Structure") together with the use of the associated services.
This Customer Agreement (hereinafter also the "Agreement") consists of the following general conditions ("General Conditions") and the holiday booking form available on the website www.isstravel.eu or by making a telephone booking via the telephone service.
2. Object, validity, termination of the contract and legal framework
2.1 This Agreement regulates the conditions of purchase by the Customer of stays for tourism purposes and of the services offered in Accommodation Facilities.
2.2 This Agreement enters into force when the Customer receives confirmation from IssTravel of the Online Booking or Telephone Booking pursuant to the following art. 3, letters a) and b).
2.3 This Agreement complies with the Italian and Community legislation dictated in the field of consumer protection (in particular, the Consumer Code, Legislative Decree 206/2005 and subsequent amendments and additions) and in the field of tourism (in particular, the Code of Tourism, Legislative Decree 79/2011 and subsequent amendments and additions) and configured in order to provide optimal protection of the Client's interests and needs.
3. Operating modes
Before proceeding with the purchase of a holiday, the Customer examines the places available in the Accommodation facility and the price set per night. The price is expressed in Euros and is determined on the basis of the rate available at the time of booking, following which, the latter will be blocked. In any case IssTravel will not be held responsible for any price changes applied by the Accommodation facility or as a result of additional services requested at the time. Any special offers and promotions are exclusively limited to the time period indicated on the page dedicated to the booking offer.
IssTravel offers the possibility to its Customers to purchase tourist stays with any related services according to the methods and conditions listed below:
a) Online booking
The customer can choose the tourist stay among those offered by IssTravel, booking it directly from the website www.IssTravel.eu through the Online Booking. At the time of Online Booking, the Customer will be required to indicate in the appropriate section the data necessary to complete the Booking (name, surname, city address, telephone number, email, credit card, chosen Accommodation Facility, number of rooms , Number of person, etc…). Following the sending of the data, IssTravel will proceed to verify the relative availability and / or financial coverage of the payment system provided by the Customer and reserves the right to confirm the completion of the same to the email address provided by the latter. The Customer is required to verify the data contained in the IssTravel confirmation email, communicating without delay, via email to [email protected] or to the confirmation email address, any errors or omissions with respect to the Online Booking . If the confirmation email sent by IssTravel contains errors and / or omissions with respect to the Online Booking and the Customer does not promptly detect it, the offer will be deemed accepted as indicated in the above email, and the Customer will still be required to payment of the price for the relative Online Booking, expressly exempting IssTravel from any responsibility. In any case, the Online Booking cannot be considered completed in the event that the Customer does not receive a confirmation email from IssTravel.
b) Telephone booking
The Customer can also make a reservation through the call center number published on the Site. When making a telephone reservation, the IssTravel operator will ask the customer some questions necessary to complete the telephone reservation at the chosen accommodation facility. The phone call can be recorded only after the Customer's consent in accordance with the privacy policy published on the website www.IssTravel.eu. In particular, the Customer must communicate the data necessary to complete said Booking (name, surname, address, city, telephone number, email, credit card, chosen Accommodation Facility, number of rooms, number of people, etc ...). Following the communication of such data, IssTravel will proceed to verify the relative availability and / or financial coverage of the payment system provided by the Customer and reserves the right to confirm the completion of the Telephone Reservation to the email address provided by the latter. The Customer is required to check the data contained in the IssTravel confirmation email, by communicating without delay via email to [email protected] or to the confirmation email address, any errors or omissions with respect to the Telephone Reservation. If the confirmation email sent by IssTravel contains errors and / or omissions with respect to the Telephone Reservation and the Customer does not promptly detect it, the offer will be deemed accepted as indicated in the above email, and the Customer will in any case be required to pay of the price for the relative Telephone Reservation, expressly exempting IssTravel from any responsibility. In any case, the telephone booking cannot be considered completed in the event that the customer does not receive a confirmation email from IssTravel. The cost of the call may vary depending on the telephone operator used.
c) Personal data
The Customer, upon making the Online Booking and Telephone Booking referred to in letters a) and b) above, is requested not to communicate sensitive and / or judicial data in any way to IssTravel pursuant to art. 4, paragraph 1, letters d) and e), of the Legislative Decree 196/2003. These data cannot be processed by IssTravel and in the event of their communication, IssTravel will not be able to proceed with the sale of its services.
d) Voucher
By sending the booking confirmation email in accordance with the previous letters a) and b) above, IssTravel will send the Customer a Voucher containing an indication of the overnight stay, the chosen Accommodation Facility and the related services purchased.
The Customer undertakes to present at the time of check-in at the Accommodation facility a copy of the Voucher that IssTravel will have sent upon confirmation of the Reservation. The Vouchers will contain the reservation code, the name of the customers, the details of the Reservation and any additional information.
e) Request for modification of the reservation by the Client
In the event that the Client requests the modification of a reservation already made and confirmed, IssTravel is in no case bound to the modification as requested and, therefore, in the event that it fails to obtain what is requested by the Client, it will not can be responsible for any reason. The Customer will in any case be bound to pay the price established and accepted in the booking or to pay a penalty as governed by art. 6 of the general terms and conditions.
In the event that IssTravel modifies a Reservation already made at the request of the Customer, the Customer accepts any additional costs which will be borne exclusively by the same.
4. Liability of IssTravel
4.1 IssTravel declares that this program is covered by an insurance guarantee, with all the extensions required by the regional law n.14 / 2018 of 05/09/2018 of the Tuscany Region to cover the aforementioned C.C.V. of Brussels of 23/4/1970. Details of the insurance guarantee: R.C. of Europ Assistance Italia S.p.A., policy no. 4435628.
IssTravel is liable for damages caused to the customer due to the total or partial non-fulfillment of the contractually due services, whether they are carried out by him personally or by third party service providers, unless it is proven that the lack depended on the customer himself ( including initiatives independently taken by the latter during the trip or stay) or by facts unrelated to the provision of the services provided for in the contract, by chance, by force majeure, or by circumstances that the organizer could not, according to his own professional diligence, reasonably foresee and resolve
4.2 CANCELLATION INSURANCE POLICY
Not being expressly included in the price, at the time of booking it is possible, indeed advisable, to take out a special insurance policy against costs arising from the cancellation of the package.
4.3. GUARANTEE FUND In compliance with the legal obligations deriving from Legislative Decree no. 62 of 21 May 2018 - art. 47 of the Tourism Code - Legislative Decree 23.5.2011, n. 79 the undersigned Travel Agency has an adequate contract.
4.4 In the event that the Accommodation Facility fails to fulfill (for example, it does not offer the reserved place or the services purchased for the trip or stay) or partially fulfills by providing an unsuitable service, not compliant with the Online Reservation or Telephone Reservation or lacking all or some of the services, IssTravel cannot be in any way responsible, nor called to answer for any legal actions for compensation for damage. Therefore, the Client exonerates IssTravel from any liability for contractual breach of the Accommodation Structure. Furthermore, IssTravel cannot be called to respond directly or indirectly for any form of liability aimed at obtaining compensation for damages for cancellations, changes to travel services, even if due to force majeure. Such events include, but are not limited to: wars, terrorist activity, attacks, national and international strikes, fires, epidemics, climatic events of particular magnitude, environmental disasters or other events that would discourage departure and / or permanence even in the absence of official communications from institutional bodies referring to the places covered by the Reservation.
4.5 IssTravel cannot also be called to answer for all those malicious or negligent facts that may occur during the stay or the travel period, or within the Accommodation Structure, in the premises of the same or following the use of the services offered by the same. .
4.6 The Customer is also responsible for the correctness of the data communicated at the time of the Online Booking or Telephone Booking, for errors and / or omissions and expressly exempts IssTravel from any liability in the event that the Booking is not confirmed or diverges from that proposed as a result of such incorrect information.
5. Overbooking
IssTravel declines any responsibility in case of overbooking (excess of bookings compared to the number of places available) attributable to the Accommodation Structure. IssTravel is not in any case responsible in case of overbooking due to organizational difficulties or problems related to the Accommodation Structure and, therefore, not controllable, nor verifiable, and outside of any responsibility of IssTravel. Notwithstanding the foregoing, IssTravel, in cases of overbooking, will try, as far as possible, to identify alternative solutions in favor of the customer and in collaboration with the accommodation facility.
6. Right of withdrawal, cancellation and penalties
6.1 The Customer is aware that the consumer's right of withdrawal is not envisaged for remote contracts pursuant to Legislative Decree 206/2005 and subsequent amendments (Consumer Code) as it is not applicable for services relating to leisure in the event that the contract provides for a specific date or period of execution as in the case of Telephone Reservations or Online Reservations.
- up to 30 days before arrival: no penalty;
- from 30 to 21 days before arrival: 10%;
- from 20 to 15 days before arrival: 30%;
- from 14 to 8 days before arrival: 50%;
- from 7 to 3 days before arrival: 50%;
- from 2 to 0 days before arrival: 100%.
These penalties may be subject to change in relation to the selected Accommodation Structure, as communicated in the confirmation email of the Online or Telephone Reservation. To cancel a reservation, the Customer must send an email to [email protected], indicating the reservation number and the name of the person who made the reservation. Telephone cancellations are not allowed.
In case of cancellation, bank and administrative costs will be charged.
7. Complaints
7.1 The Client who intends to contest the execution of the Contract must promptly contact IssTravel so that the Accommodation Structure, or IssTravel on behalf of the Accommodation Structure and as far as possible, can remedy it.
7.2 The Customer, under penalty of forfeiture, must communicate the complaint by sending an email to [email protected] or via pec to [email protected] no later than ten working days from the date of check-out from the Accommodation, with proof of receipt of the email by IssTravel.
In any case, Isstravel must guarantee a prompt response to consumer requests.
8. Payment and invoicing methods
The IssTravel Client must proceed with the full payment of the price of the reservation made directly to IssTravel which will issue a regular receipt / payment invoice to him.
At the time of booking and confirmation by IssTravel, a deposit equal to 25% of the participation fee must be paid, in addition to the registration fee if applicable. The balance must be paid to IssTravel 21 days before departure. For bookings made within 21 days of departure, the balance is required. Failure to make the above payments on the established dates constitutes an express termination clause of the contract, such as to determine its termination, without prejudice to any compensation for damages suffered by IssTravel and the selling Travel Agency resulting from the forced cancellation of the contract.
9. Privacy
The reservation at an Accommodation facility will require the Client to communicate to IssTravel a series of information (e.g. e-mail address, landline or mobile phone number, VAT number or tax code, citizenship, residence, etc.) and in any case aimed at allowing a correct management of the reservation itself in compliance with the relevant applicable regulations (hereinafter "Customer Personal Data"), without prejudice to the provision pursuant to art. 3, lett. c) of this Agreement. Pursuant to Legislative Decree no. 196/2003 and subsequent amendments and additions, IssTravel is the exclusive owner of the processing of the Client's Personal Data in accordance with the IssTravel Privacy Policy available on the website www.isstravel.eu to which express reference is made.
10. Proprietary Rights of IssTravel
IssTravel is the creator and author pursuant to the Law of 22 April 1941, n. 633 and subsequent amendments and additions to the technological platform referred to in the website www.IssTravel.eu and the "IssTravel" trademark and logo whether registered, unregistered or in the process of being registered in any country in the world, and all the related rights including rights of economic exploitation. The website www.IssTravel.eu, any applications for mobile devices under the name "IssTravel", the connected operating platform, the related software and IT architecture, all the databases relating to all the customers of the site are the property of IssTravel www.IssTravel.eu, the codes, methods, algorithms, instructions representative of technical, creative or organizational improvements, updates, releases and any and all applications and functionalities connected to the aforementioned website and applications, result or found , are used or developed by IssTravel - or by third parties appointed by it - for the coordination and interaction of said website and application for mobile devices or for the creation, activation, online management and / or for the provision of services to Customers. In particular, IssTravel is recognized as having full ownership of the software, know-how, programs (application and operational) for computer, codes, related adaptations, modifications and customizations of the indications, instructions and documents, in any form expressed, installed or to be installed, including those relating and / or developed in connection with the aforementioned website and applications for mobile devices and the related business models.
11. Compensation obligations
If the Customer causes damage to the Accommodation Structure in any way, IssTravel cannot be held responsible and the Customer indemnifies IssTravel from any related liability, cost, expense, damage, assuming the relative responsibility.
12. Changes to the General Conditions
These General Conditions may be modified unilaterally by IssTravel which must promptly notify by publication on the Site.
13. Jurisdiction
This contract is regulated by the Italian law. All disputes arising from this Agreement, including those relating to the validity, interpretation, execution and resolution, will be preliminarily submitted to an attempt at an amicable settlement between the parties by sending a conciliatory proposal from the interested party to the other. The conciliation will be inspired by the absence of formalities. In case of failure of the conciliation attempt within a period of 60 days from the date of dispatch of the conciliatory proposal, the disputes will be devolved to the exclusive jurisdiction of the Court of Livorno (Italy)
