Terms and conditions of sale - food, wine and travel
Terms and Conditions of Sale - FOOD AND WINE
Last update: October 2021
The Customer expressly declares that he/she is making the purchase for purposes other than his/her commercial or professional activity.
All business relationships between Omega Travel di Passarelli Carmen - Via Scalo Ferroviario, 50 - 86030 Matrice (CB) - C.F. PSSCMN92P51B519D - P. VAT No. 01749110704 (hereinafter referred to as "Omega Travel") and the "Customer" or "Consumer" (hereinafter referred to jointly as the "Parties") are governed exclusively by the following general terms and conditions of sale, to the exclusion of any other agreement, unless agreed in writing.
When making a purchase, the following general terms and conditions of sale will apply
By placing an order in the various ways envisaged, the Customer declares that he/she has read all the information provided to him/her during the purchase process, and that he/she fully accepts the general and payment conditions.
- Terms and Conditions of Sale - Food and wine: these general terms and conditions of sale shall apply;
- E-commerce/Site: means the web platform https://gustiamoli.com/ through which the service is offered;
- Product(s): the food products sold on the Website;
- Consumer/Customer/Thou: any person understood as the end user of the Product as defined in the Legislative Decree 206/2005;
- Services: online sale of food products on the Site;
- Offers: are sales made byhttps://gustiamoli.com/ for all or part of the Products and for limited periods of time at a discount on the normal sale price;
- Purchase: is the purchase order with delivery of the Products within days of the order being transmitted by the Customer tohttps://gustiamoli.com/;
Account: is the area in which the customer can view his or her data and, if necessary, modify and/or delete it.
2.1 In order to use the Services, you must register on our Site by providing your first name, last name, email address and password. Omega Travel may reject your request for an Account or delete an existing Account, for any reason, at our sole discretion.
2.2 By registering an account, the Consumer declares that he/she is of legal age and possesses the legal capacity to enter into a contract with the force of law between the Parties and that the information provided when placing the order is up-to-date, accurate and sufficient to process the order.
2.3 You acknowledge that Omega Travel will use the email address you provide when opening an Account as the primary method of communication with you.
2.4 You are solely responsible for the security of your password. Omega Travel cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account.
- General Provisions
3.1 These general terms and conditions of sale are applied to purchasers who fall under the definition of "consumers", pursuant to Legislative Decree 206/2005, who make purchases through e-commerce and use the purchased product exclusively for private use.
3.2 By placing a purchase order, the Consumer confirms that he/she has read carefully and accepts all of the present general terms and conditions of sale and asks Omega Travel to proceed with their execution.
- Subject matter of the contract and service
4.1. Omega Travel, through its https://gustiamoli.com/ website, offers an online sales service for Molise food products purchased from third-party companies and their shipment..
4.2. The essential characteristics of the products are explained in each product sheet.
- Conclusion of the contract
5.1. Orders placed by the Consumer are understood to be a proposal sent to Omega Travel for the purchase of the chosen products on the basis of the Terms and Conditions of Sale. The contract will be considered concluded only when the proposal is accepted (acceptance) by Omega Travel by means of an acknowledgement/acceptance email, even an automated one.
5.2. Omega Travel will retain copies of orders received and acceptances sent for a reasonable period of time, in compliance with Applicable Law.
- Customer obligations
6.1 The Customer undertakes, once the online purchase procedure has been completed, to print and keep these Terms and Conditions of Sale.
6.2 The information contained in the Terms and Conditions of Sale must be viewed and accepted by the Customer before sending the purchase order, in order to fully satisfy the condition set forth in articles 3 and 4 of Legislative Decree no. 185/1999. Acceptance takes place by marking the appropriate space on the site. In the absence of this, the order cannot be executed.
6.3 The Customer undertakes, before the conclusion of the online purchase procedure, to request the issuance of the invoice, indicating the fiscal data as provided for by Article 22, paragraph 1, no. 1) of Presidential Decree no. 633/1972 which states: The issuance of the invoice is not compulsory, if it is not requested by the customer no later than the time of the transaction.
- Product features and availability
7.1 The purchase of material from our Website implies full acceptance of the warranty and integrity conditions provided by the manufacturer of the Products purchased, which may be beyond Omega Travel's control. The Customer therefore understands that the goods purchased will be warranted by the Manufacturer and under the terms and conditions provided by the Manufacturer, and accepts, without reservation, all terms and conditions of the Manufacturer's warranty.
7.2 Omega Travel does not guarantee the certainty of delivery of the goods ordered until the order itself has been accepted and acceptance communicated to the Customer.
7.3 All product descriptions, illustrations, depictions, details, dimensions, performance data and any other information available on the website are to be understood as general illustrations of the products and do not in any way represent a guarantee or declaration of conformity of the products with the same.
- Purchasing methods
8.1 The consumer shall proceed with the purchase in accordance with the following steps:
- a) Adding to product cart;
- b) Entering shipment data;
- c) Choice of payment method;
- d) Order conclusion.
8.2 For details of the online payment procedures, please refer to the Shopify web platform (https://www.shopify.com/legal/terms)
9.1 All sale prices of the Products indicated on the Site are expressed in Euro..
9.2 Unless otherwise indicated, the prices of the Products are inclusive of VAT and all other taxes.
9.3 The prices of the single Products, from time to time indicated on the Site, cancel and replace the previous ones.
- The prices applied are those indicated on the Site at the time of the Customer's purchase order.
- Shipments and deliveries
10.1 Unless otherwise agreed, shipments will be made by Omega Travel's designated couriers. In this case, and only when the shipping cost is charged, the goods travel at Omega Travel's risk. In the event of theft/loss confirmed by the carrier, Omega Travel undertakes to send a new product and, should the same be unavailable and/or out of stock, will offer a different product, but with equivalent characteristics, with the right for the client to refuse to accept this new product and request the issue of a credit note relating to the product itself.
10.2 The delivery of the product will be carried out by the carrier.
10.2 Delivery to the Customer will take place according to the methods and times established by the courier available and viewable at the time of purchase.
10.3. Transport costs will be calculated at the time the order is placed. Delivery dates and times quoted by Omega Travel are estimates only. Omega Travel will endeavour to respect the dates and/or timescales by sending the products within the maximum limits permitted by Applicable Law, but will not be liable for any delays that are not attributable to Omega Travel.
10.4. <10.4 Delivery shall be made to a valid address within the Italian territory indicated by the Consumer (delivery address). It is always the responsibility of the Consumer to verify the delivery address indicated and to communicate, without delay, any errors or omissions. Omega Travel reserves the right to charge the Consumer for any additional costs due to changes in the delivery address that were not promptly communicated..
10.5. If the Consumer refuses to receive or fails to receive delivery of the product in accordance with these Terms and Conditions, all risks associated with the loss of or damage to the products will be borne by the Consumer.
In this case Omega Travel reserves the right to charge the Consumer for any additional costs incurred due to changes in the delivery address not communicated in a timely manner.
In this case Omega Travel may: a) consider the payment made and make the delivery by any means deemed appropriate, or deposit the products at the expense and full risk of the Consumer; b) request payment of all the costs of storage and warehousing of the products and any other expenses incurred in the delivery of such refusal or inability to receive delivery; c) in any case, it may always cancel the order and dispose of the products, without prejudice to its right to compensation for damages caused by the Consumer, in addition to the risks and expenses referred to above.
10.6 Without prejudice to the right of Omega Travel to cancel the order and dispose of the products, Omega Travel will not be liable for any loss or damage to the products. <10.6 Without prejudice to the mandatory rights recognised by Applicable Law, the Consumer shall not be entitled to refuse the products, in whole or in part, and shall proceed to pay for the entire amount, even if the delivery has not taken place or is incomplete, unless immediate written notice of the claim is given upon delivery of the goods; following such written notice, if the same is acknowledged, the Consumer shall pay for the actual quantity.
10.9. When the products are delivered in a divided manner, each batch of products shall be considered as referring to a separate and distinct contract; any defect found in one or more batches shall not entitle the termination of the entire contract or the cancellation of the orders relating to each subsequent batch..
10.10 The risk associated with the loss or damage of the products shall be borne by the Consumer upon the delivery of the products themselves at the time when the products nevertheless come into his possession..
- Payment methods
11.1 Upon confirmation of your order Omega Travel will debit your Credit Card for the final amount..
11.2. Omega Travel reserves the right to verify the regularity of advance payments made by credit card.
11.3. In any case in which payment of any amount due by the Consumer is not made Omega Travel reserves the right to proceed against the defaulting Consumer to obtain payment of the price of the products at any time. For the details of the online payment procedures, please refer to the provisions of the Shopify web platform (https://www.shopify.com/legal/terms).
11.4 Omega Travel only accepts online payment methods through the Shopify platform which are indicated on the Website..
11.5 In the event of a cancellation of the order, either by the Customer or in the event that Omega Travel does not accept the contract, Omega Travel will request the cancellation of the transaction and the reversal of the amount used excluding bank charges on the transaction. In this regard, Omega Travel points out and the Customer accepts that: a) the release times depend exclusively on the banking system and may be up to their scheduled expiry date. Once the transaction has been cancelled Omega Travel will not be held responsible in any way for delays and/or damages caused by the banking system. b) In case of payment by credit card, the financial information will be forwarded through the Shopify platform and through an encrypted protocol (SSL 128 bit), to Banca UniCredit that provides the relative electronic payment services at a distance, without third parties being able to access it in any way. c) Moreover, this information will never be used by Omega Travel except to complete the procedures relating to the purchase and to issue the relevant refunds in the event of any returns, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on https://gustiamoli.com/.
For further details, please refer to the Shopify web platform forecast (https://www.shopify.com/legal/terms)
- Receiving products
12.1. It shall be the responsibility of the Consumer to check the products upon delivery and to verify that the conditions of the products are satisfactory in relation to those indicated in their description and that the products are complete.
12.2. Except as specified above, and without prejudice to the rights recognized by the Applicable Law, Omega Travel shall not be liable and the Consumer shall not have any right to reject the products, unless any defects or flaws in the products (not attributable to conduct or negligence on the part of the Consumer or upon receipt of the products), are reported to Omega Travel upon delivery and verification of the product, in writing in the manner and at the address indicated in Article 17 of these Conditions of Sale, and in any case, forfeit, no later than fourteen (14) days from discovery. The unreserved acceptance of the products by the Consumer extinguishes all responsibility for any flaws or damages that may be present.
12.3. In the event of defects being properly and promptly reported in accordance with the provisions of this Article, Omega Travel is obliged to refund the price of the product which is found to be damaged or defective, subject to verification of the same by Omega Travel itself, once the same is sent back to Omega Travel at the address referred to in Article 17 and provided that the product is actually found to be defective.
12.4. In any case, the carrier's liability for damage, breakdown or loss of the products, or part thereof, during transport, from the moment it receives them until they are delivered to the Consumer, shall remain unaffected.
- Contract termination
13.1. In any case of non-payment, or inexact or partial payment, by the Consumer on the agreed date, and after fifteen (15) days from the unsuccessful warning, the sale will be terminated by right with the right of Omega Travel to request the return of the products already delivered, without prejudice to the right to retain any amounts paid by the buyer as a penalty, except for greater damages and interest due.
13.2. Any unpaid amount will also give rise to the application of late payment interest at twice the legal interest rate.
14.1 Omega Travel declines any responsibility for damage or loss, direct or indirect, arising from the goods offered in the "Enogastronomy" section of our website - of which it is a mere distributor - or from the use of the same, even for delayed or non-delivery of the product, nor for the correspondence of the goods to the specifications published by the manufacturer of the goods.
14.2 https://gustiamoli.com/ shall not assume any liability for inefficiencies attributable to force majeure of any nature or kind, in the event that it is unable to execute the contract within the agreed time. Force majeure includes, but is not limited to, measures taken by the Public Authorities, strikes by its own employees or by carriers used by https://gustiamoli.com/, as well as any other circumstance beyond its control.
- Offers, promotions and gifts
15.1 The Offers proposed by https://gustiamoli.com/ are valid while stocks of Products last and within the purchase limits indicated on the Site.
15.2 Promotions cannot be combined.
15.3 Promotional Products may be delivered in promotional packaging other than that published on the Site.
15.4 If the Special Offer promoted by https://gustiamoli.com/ provides for the sending of a free Product together with one or more purchased Products, the Customer receives the free Product upon implicit acceptance thereof.
15.5 No replacement or return is possible in relation to any Products received as a gift by the Customer.
- Third party rights
16.1Omega Travel shall not be liable for any infringement of intellectual property rights, copyright, registered design, trademark or other rights of third parties caused by the Consumer.
16.2 To this end, the Consumer shall indemnify Omega Travel against any and all liabilities, claims and costs that it may incur or incur as a result of any of the Consumer's activities that cause an infringement or alleged infringement of the intellectual property rights of third parties.
- Right of withdrawal
17.1 The Right of Withdrawal consists in the possibility for the consumer to withdraw, within the term of fourteen (14) working days, from any purchase made at a distance and receive full reimbursement of the expense incurred for the purchase without any penalty, just as provided for in Legislative Decree 185 of 22/05/99 which obviously includes purchases made via the Internet. The only expenses not reimbursed will be the shipping costs, which remain excluded from the discipline of Decree Law 185/99. It should be noted that the Community legislation provides that the right of withdrawal is exercisable only by natural persons (consumers) acting for purposes that can be considered unrelated to his business. The right of withdrawal, therefore, cannot be exercised by legal persons and natural persons acting for purposes related to a commercial activity. Purchases made by resellers or by persons who, for any reason, purchase for resale to third parties are also excluded from the Right of Withdrawal.
17.2 The right of withdrawal does not apply to the supply of foodstuffs which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly according to art. 62 of Law 27/2012.
17.2 The right of withdrawal does not apply to the supply of foodstuffs which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly according to art. 62 of Law 27/2012./p>
17.3 The right of withdrawal lapses completely if the returned product is not intact, i.e:
- a) Lack of original packaging;
- b) Absence of product components;
- c) Damage to the product due to causes other than transport.
17.4 After having made the purchase, if you wish to exercise the right of withdrawal you must send within 14 days of receipt of the goods, a registered letter A/R to: Omega Travel di Passarelli Carmen - Via Scalo Ferroviario, 50 - 86030 Matrice (CB) or a PEC to the following address: email@example.com.
17.5 Omega Travel will, after verifying the integrity of all components of the product and its accompanying items, proceed with the refund of the amount paid except for the shipping costs, the refund will take place within 14 days of the above checks.
18.1 Any dispute relating to the application, execution, interpretation and breach of the online contract concluded by the Customer with Omega Travel is subject to Italian jurisdiction.
18.2 The Customer of https://gustiamoli.com/ accepts that any dispute shall be handled by the Court of Campobasso.
- Personal Data Treatment
19.1 All information on the processing of personal data is contained on the following page: https://gustiamoli.com/policies/privacy-policy
- Applicable law and reference
20.1 The contracts concluded online by the Customer with https://gustiamoli.com/ are governed by Italian law..
20.2 For all matters not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in the contract concluded online by the Customer with https://gustiamoli.com/shall apply.
20.3 Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and expressly accepted the following clauses of these Terms and Conditions of Sale: Characteristics and availability of the Products (art. 7); Liability (art. 14); Right of withdrawal (art. 17); Prohibition to return free Products (art. 15); Disputes (art. 18); Applicable law and referral (art. 20).
- Amendments to these Terms and Conditions
21.1 Omega Travel reserves the right to make changes to the Terms and Conditions at any time by publishing them on the Site.
For this reason, users are advised to consult the most up-to-date version of the Terms and Conditions before making any purchase. The Terms and Conditions applicable are those in force on the date the purchase order is sent.
21.2 If you continue to use the Site after the changes have been published, you accept the new Terms without reservation.
22.1. Any communication or notice in relation to these terms and conditions shall be made by registered letter with return receipt or PEC to the addresses referred to in Article 17.4 of these Terms and Conditions of Sale.
22.2. The last address or contact provided by the Consumer shall be the address to which notices prescribed by the Applicable Law with regard to legal proceedings shall be addressed, prior to the election of domicile with the attorney-in-fact.
22.3. Without prejudice to what is provided above in relation to the cancellation of orders by the Consumer, such communications or notices (if duly addressed) shall be considered received: a) At the time of receipt of the registered letter with return receipt; b) At the time and date of confirmation of receipt and opening of the PEC by the addressee.
Terms and Conditions of Sale - TRAVEL
Last update: October 2021
Content of the contract of sale of the tourist package
In addition to the following terms and conditions, the description of the tourist package contained in the "Travel" section of our website, or in the separate travel programme, as well as the booking confirmation of the services requested by the traveller together with the documents referred to in Article 36 paragraph 8 of the Tourism Code, form an integral part of the travel contract. When the contract is brokered by a Travel Agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as the agent of the Traveller, and the Traveller will have the right to receive it from the Travel Agency. By signing the proposal for the sale of a tourist package, the Traveller expressly declares that he/she has understood and accepted, for him/herself and for those for whom he/she requests the all-inclusive service, both the travel contract as it is governed herein, as well as the warnings contained therein and these general conditions.
- Regulatory sources
1.1 The sale of tourist packages, having as their object services to be provided in both national and international territory, is governed by Articles 32-51 novies of Legislative Decree no. 79 of 23 May 2011 (the so-called "Tourism Code", hereinafter CdT), as currently amended by D. Lgs. no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302, as well as by the provisions of the Civil Code on transport, service contract and mandate, as applicable, and by the Navigation Code (R.D. no. 327 of 30.03.1942).
- Administrative regime
2. 1 The organiser and the agency selling the tourist package, to which the traveller applies, must be authorised to carry out their respective activities according to the legislation in force, The organiser and the seller shall inform third parties, before the conclusion of the contract, of the details of the insurance policy covering risks arising from professional liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organiser and the seller, each for the purposes of its own competence, for the purposes of the restitution of the sums paid or the return of the traveller to the place of departure.
- Definitions (Art. 33 CdT)
3.1 For the purposes of this agreement the following terms and conditions shall apply:
- Traveller: any person wishing to conclude or enter into a contract or who is authorised to travel on the basis of an organised tourism contract .
- Professional: any public or private natural or legal person who, as part of his or her commercial, industrial, artisanal or professional activity, acts in the context of organized tourism contracts, including through another person acting in his or her name or on his or her behalf, as an organizer, seller, professional facilitator of related tourist services or tourist service provider, within the meaning of the regulations in force;
- Organizer: the professional who combines packages and sells or offers them for sale directly or through or together with another professional .
- Seller: the professional other than the Organiser who sells or offers for sale packages combined by an organiser.
- Notion of tourist package (Art. 33(1)(4)(c) CdT)
1.1 A package tour is defined as the "combination of at least two different types of tourist services for the purposes of the same trip or holiday, if at least one of the following conditions occurs:
1) these services are combined by a single professional, including at the request of the traveller or according to his selection, before a single contract is concluded for all the services;
2) those services, even if concluded under separate contracts with individual suppliers of tourist services, are:
2.1) purchased at a single point of sale and selected before the traveller consents to payment;
2.2) offered at a single point of sale and selected before the traveller consents to payment
2.2) offered, sold or invoiced at a flat or global price;
2.3) advertised or sold under the name "package" or a similar name;
2.4) combined with other travel arrangements.
2.4) combined after the conclusion of a contract whereby the trader allows the traveller to choose from a selection of different types of tourist services, or purchased from separate traders through a linked booking process by electronic means where the name of the traveller, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more other traders and the contract with the latter trader(s) is concluded no later than 24 hours after confirmation of the booking of the first tourist service.
- Pre-contractual information to the traveller (Art. 34 CdT)
5.1 Before concluding the tourist package contract or a corresponding offer, the organiser and, if the package is sold through a seller, the seller as well, shall provide the traveller with the relevant standard information form in Annex A, Part I or Part II of the CdT, as well as the following information:
(a) the main characteristics of tourism services, such as:
- the destination(s) of the trip, the itinerary and periods of stay with dates and, if accommodation is included, the number of nights included;
- the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and location of intermediate stops and connections; if the exact time is not yet fixed, the organiser and, where appropriate, the seller, will inform the traveller of the approximate time of departure and return; .
- the location, the main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination .
- meals provided .
- the visits, excursions or other services included in the total agreed price of the package .
- the tourist services provided to the traveller as a member of a group and, if so, the approximate size of the group .
- the language in which the services are provided .
- whether the trip or holiday is suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday taking into account the needs of the traveller;
(b) the trade name and geographical address of the organiser and, where applicable, the seller, their telephone numbers and e-mail addresses;
- c) the total price of the package including taxes and all duties, taxes and other additional costs, including possible administrative and handling costs, or, where these are not reasonably calculable before the conclusion of the contract, an indication of the kind of additional costs that the traveller may still incur
- . (d) the method of payment, including the amount or percentage of the price to be paid as an advance payment, if any, and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the passenger;
(e) the minimum number of persons required for the package and the period of time referred to in Article 41 (5) (a) before the beginning of the package for the possible termination of the contract in the event that the number is not reached;
f) general information on passport and visa requirements, including approximate times for obtaining visas and health formalities in the country of destination;
g) information on the right of the traveller to withdraw from the contract at any time before the beginning of the package on payment of an appropriate cancellation fee, or, if applicable, the standard cancellation fees charged by the organiser in accordance with Article 41(1) of the Tourism Act;
(h) information on optional or compulsory insurance to cover the costs of unilateral termination of the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death; .
i) the details of the cover referred to in article 47, paragraphs 1, 2 and 3 CdT.
For the tourist package contracts referred to in article 33, paragraph 1, letter d), concluded by telephone, the organiser or the professional provides the traveller with the standard information referred to in annex A, part II, to this decree and the information referred to in paragraph 1.
- Conclusion of the tourist package contract (Art. 36 CdT)
6.1 The proposal for the sale of a tourist package must be drawn up on the appropriate contract form, if necessary electronic or, in any case, on a durable medium, filled in in all its parts and signed by the customer, who will receive a copy. The acceptance of the proposal for the sale of the tourist package is understood to be finalised, with the consequent conclusion of the contract, only when the organiser sends the confirmation, also by electronic means, to the traveller at the seller travel agency, which will take care of delivering it to the traveller. The information relating to the tourist package which is not contained in the contractual documents, brochures or other means of written communication, will be provided by the organiser, in regular fulfilment of his obligations under Art. 36, paragraph 8, CdT., before the beginning of the trip.
6.2 Special requests regarding the modalities of provision and/or execution of certain services that are part of the tourist package, including the need for assistance at the airport for persons with reduced mobility, the request for special meals on board or in the place of stay, must be made during the booking request and be the subject of a specific agreement between the Traveller and the Organiser, through the mandated Travel Agency.
6.3 In the case of contracts negotiated away from business premises, the Traveller has the right to withdraw from the tourist package contract within a period of five days from the date of the conclusion of the contract or from the date on which he/she receives the contractual conditions and preliminary information, whichever is later, without penalty and without giving any reason. In the case of offers with significantly lower rates than the current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the change in price, adequately highlighting the exclusion of the right of withdrawal (Art. 41, paragraph 7, CdT).
7.1 Unless otherwise stated in the pre-contractual information or in the contract, upon signing the proposal for the purchase of the tourist package the following must be paid:
a) the registration or management fee (see art.8); .
- b) advance payment of the price of the tourist package published in the catalogue or in the quotation of the package provided by the organiser. The balance must be paid within the deadline established by the Tour Operator in its catalogue or in the booking confirmation of the service/tour package requested.
- Price (Art. 39 CdT)
(a) the price of passenger transport in relation to the cost of fuel or other energy sources;
(b) the level of taxes or charges on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and embarkation taxes at ports and airports;
(c) the exchange rates relevant to the package.
- Modification or cancellation of the tourist package before departure (Art. 40 CdT)
(a) the proposed changes referred to in subsection (2) and their effect on the price of the package in accordance with subsection (4);
(b) of a reasonable period within which the traveller must inform the organiser of his decision in accordance with paragraph 2;
(c) the consequences of the traveller's failure to reply within the period referred to in point (b) and the possible replacement package offered and the price thereof.
- Traveler's withdrawal (Art. 41 CdT)
a) the number of persons enrolled in the package is less than the minimum number specified in the contract and the organiser notifies the traveller of the withdrawal from the contract within the period specified in the contract and in any case no later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days;
- The organiser shall not be obliged to pay additional compensation if
b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveller without undue delay before the beginning of the package. .
Penalty for cancellation in the event of withdrawal by the traveller
- A traveller who withdraws from the contract before departure outside of the cases listed in art. 10 will be charged, net of the deposit paid as per art. 7, the amount of the penalty in the amount indicated here (in addition to the individual handling fee):
7.2 For bookings made after the date indicated as the deadline for payment of the balance, the entire amount must be paid when the purchase proposal is signed;
7.3 Failure to pay the balance will result in the cancellation of the booking.
7.3 The non-payment of the above-mentioned sums, on the dates indicated, as well as the non-payment to the Tour Operator of the sums paid by the Traveller to the Seller Agency, and without prejudice to any warranty claims against the Seller Agency pursuant to Art. 47 of the C.C.T., constitutes an express termination clause pursuant to Art. 1456 of the C.C. such as to determine the legal termination of the contract to be carried out with a simple written communication, by fax or e-mail, to the Seller Agency, or to the Traveller's domicile, also electronic, if communicated. The balance of the price is considered to have been paid when the sums are received by the organiser directly from the traveller or through the intermediary travel agency chosen by the traveller.
8.1 The price of the tourist package is determined in the contract, with reference to what is indicated in the catalogue, or programme outside the catalogue and any subsequent updates of the same catalogues or programmes outside the catalogue, or on the Operator's website.
8.2 After the conclusion of the tourist package contract, prices may be increased by the amount indicated by the Operator, up to a maximum of 8%, only if the contract expressly provides for this and specifies that the traveller has the right to a corresponding reduction in price, as well as the method for calculating the price revision. In this case, the traveller is entitled to a reduction in price corresponding to the reduction in costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the beginning of the package..
8.3 Price increases are only possible as a result of changes in the following:
8.4 If the price increase referred to in this article exceeds 8 per cent of the total price of the package, Article 40 paragraphs 2, 3, 4 and 5 CdT shall apply.
8.5 An increase in price, regardless of its amount, is only possible after the organiser has given clear and precise notice to the traveller on a durable medium, together with the justification for the increase and the method of calculation, at least twenty days before the beginning of the package.
8.6 In the event of a decrease in price, the organiser is entitled to deduct the administrative and handling costs from the refund due to the traveller, of which he must provide proof.
8.6 In the event of a reduction in price, the organiser is entitled to deduct the administrative costs and the costs of handling the actual paperwork from the refund due to the traveller, proof of which he must provide at the request of the traveller.
9.1 Before the beginning of the package, the organiser may not unilaterally change the conditions of the contract other than the price in accordance with article 39, unless he has reserved this right in the contract and the change is of minor importance. The organiser shall notify the passenger of the change clearly and precisely on a durable medium..
9.2 If, before the beginning of the package, the organiser is obliged to significantly change one or more of the main characteristics of the tourist services referred to in article 34, paragraph 1, letter a), or cannot satisfy the specific requests referred to in article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 per cent in accordance with article 39, paragraph 3, the traveller, within a reasonable period specified by the organiser, may accept the proposed change or withdraw from the contract without paying withdrawal costs. In the event of cancellation, the organiser may offer the traveller a replacement package of equivalent or superior quality.9.3 The organiser may also offer the traveller a replacement package of equivalent or superior quality.
9.3 The organiser informs the traveller, without undue delay, clearly and precisely on a durable medium:
9.4 If the changes to the tourist package contract or to the replacement package referred to in paragraph 2 result in a package of a lower quality or cost, the traveller has the right to an adequate reduction in price.
9.5 In case of withdrawal from the tourist package contract according to paragraph 2, if the traveller does not accept a substitutive package, the organiser refunds without undue delay and in any case within fourteen days from the withdrawal from the contract all the payments made by or on behalf of the traveller and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 CdT apply.
10.1 The traveller may withdraw from the tourist package contract at any time before the beginning of the package, against reimbursement to the organiser of reasonable and justifiable costs incurred, the amount of which the organiser shall provide to the traveller upon request.
10.2 The package tour contract may provide for reasonable standard withdrawal penalties, calculated on the basis of the time of withdrawal from the contract and the expected cost savings and revenue arising from the reallocation of the tourist services.
10.3 In the absence of specification of standard withdrawal penalties, the amount of the withdrawal penalties shall correspond to the price of the package minus the cost savings and revenue resulting from the reallocation of tourist services.
10.4 In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial effect on the performance of the package or on the carriage of passengers to the destination, the traveller has the right to withdraw from the contract, before the beginning of the package, without paying any withdrawal costs, and to a full refund of the payments made for the package, but does not have the right to additional compensation..
10.5 The organiser may withdraw from the package contract and offer the traveller a full refund of the payments made for the package, but is not obliged to pay additional compensation if:
10.6 The organiser shall make all the refunds prescribed in accordance with paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1, 2 and 3, shall refund any payment made by or on behalf of the traveller for the package after deducting the appropriate expenses, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the termination of functionally linked contracts concluded with third parties shall be determined.
- Cancellation without penalty up to 30 calendar days before departure* (the booking fee will not be refunded in any case); .
- 50% of the participation fee from 29 to 15 calendar days before departure*; .
- 70% of the participation fee from 14 to 8 calendar days prior to departure*;
- 100% of the participation fee from 14 to 8 calendar days prior to departure*; .
- 100% of the participation fee after these deadlines .
* N.B.: for costs relating to transport services (trains, motorboats, flights,...) regular scheduled group fares, published fares and/or low-cost fares, a penalty of 100% will be charged in the event of cancellation at any date after confirmation of the trip.11.2.
11.2 The above conditions may differ in the event of different arrangements with suppliers or special offers. Any variation will be advised prior to booking.
- Substitutions and transfer of the tourist package to another traveller (Art. 38 CdT)
12.1 The traveller, subject to prior notice given to the organiser on a durable medium no later than seven days before the start of the package, may transfer the package contract to a person who meets all the conditions for the use of the service.
12.2 The transferor and the transferee of the package contract are jointly and severally liable for the payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and handling costs.
12.2 The transferor and the transferee of the package tour contract shall be jointly and severally liable for payment of the balance of the price and of any rights, taxes and other additional costs, including any administrative and handling costs, resulting from such transfer.
12.3 The organiser shall inform the transferor of the actual costs of the assignment, which shall not be unreasonable and shall not exceed the costs actually incurred by the organiser as a result of the assignment of the package tour contract, and shall provide the transferor with evidence of the fees, taxes or other additional costs resulting from the assignment of the contract..
12.4 In any case, the Traveller who requests the variation of an element of a confirmed booking, as long as the request does not constitute a contractual novation and as long as it is possible to implement it, will pay the Tour Operator a fixed flat fee, in addition to the costs resulting from the modification itself.
- Duties of travellers
13.1 During the negotiations and in any case prior to the conclusion of the contract, the Traveller shall be provided in writing with general information regarding passports, visas and health formalities necessary for travelling abroad..
13.2 For the rules regarding the expatriation of minors, please refer expressly to what is indicated on the Polizia di Stato website. However, it should be noted that minors must be in possession of a personal document valid for travel abroad, i.e. a passport, or for EU countries, also an identity card valid for travel abroad. As regards the expatriation of minors under the age of 14 and the expatriation of minors for whom an Authorisation issued by the Judicial Authority is required, the instructions indicated on the State Police website http://www.poliziadistato.it/articolo/191/.must be followed.
13.3 Travellers must in any case find the corresponding information through their diplomatic representations and/or the respective official government information channels. In any case, travellers must check, prior to departure, that the information is up to date with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Operations Centre on the number 06.491115). In the absence of such verification, no responsibility for the missed departure of one or more travellers can be attributed to the seller agency or the organiser..
13.4 Travellers must in any case inform the seller and the organiser of their citizenship at the time of requesting the booking of the tourist package or tourist service and, at the time of departure, must definitively ensure that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries involved in the itinerary, as well as residence visas, transit visas and any health certificates that may be required.
13.5 Furthermore, in order to assess the socio-political and health security situation and any other useful information regarding the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the traveller shall be responsible for obtaining official information of a general nature from the Ministry of Foreign Affairs, and disclosed through the institutional website of Farnesina www.viaggiaresicuri.it. The above information is not contained in the T.O.'s catalogues - online or on paper - as these contain general descriptive information as indicated in the information brochure and not information that is temporarily changeable. This information should therefore be assumed by the Traveller. Travellers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries to which the trip is destined, with all information provided to them by the organiser, as well as with the regulations and administrative or legislative provisions relating to the tourist package. Travellers will be held liable for all damages that the organiser and/or the seller may incur as a result of their failure to comply with the above obligations, including the costs necessary for their repatriation.
13. 6 The organiser or retailer who has granted compensation or a reduction in price, or paid damages, or has been obliged to fulfil other obligations prescribed by law, has the right of recourse against those persons who have contributed to the occurrence of the circumstances or the event giving rise to the compensation, reduction in price, damages or other obligations in question, as well as against those persons obliged to provide assistance and accommodation under other provisions, if the traveller is unable to return to the place of departure. The organiser or the seller who has compensated the traveller is subrogated, within the limits of the compensation paid, to all the rights and actions of the latter against the responsible third parties; the traveller provides the organiser or the seller with all the documents, information and elements in his possession which are useful for the exercise of the right of subrogation (art. 51 quinquies CdT).
- Liability regime of the organiser (Art. 42 CdT)
14.1 The organiser is responsible for the performance of the tourist services included in the tourist package contract, regardless of whether such services are to be provided by the organiser himself, by his auxiliaries or agents when acting in the exercise of their functions, by third parties whose services he uses or by other suppliers of tourist services, in accordance with Article 1228 of the Civil Code.
14.2 The organiser is responsible for the performance of the tourist services included in the tourist package contract, regardless of whether such services are to be provided by the organiser himself, by his auxiliaries or agents when acting in the exercise of their functions, by third parties whose services he uses or by other suppliers of tourist services, in accordance with Article 1228 of the Civil Code.
14.2. The traveller, in accordance with Articles 1175 and 1375 of the Civil Code, shall inform the organiser, directly or through the seller, in a timely manner, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service included in the tourist package contract.
14.3 If one of the parties does not comply with the terms of the contract, he/she must inform the organiser, directly or through the seller, in a timely manner, taking into account the circumstances of the case.
14.3 If one of the tourist services is not performed as agreed in the tourist package contract, the organiser shall remedy the lack of conformity, unless this is impossible or excessively costly, taking into account the extent of the lack of conformity and the value of the tourist services affected by the lack of conformity. If the organiser does not remedy the defect, Article 43 applies.
14.4 Without prejudice to the exceptions referred to in paragraph 3, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller in relation to the duration and characteristics of the package, with the complaint made in accordance with paragraph 2, the traveller may remedy the defect himself/herself and request the reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, there is no need for the traveller to specify a time limit.
14.5 If a lack of conformity, in accordance with article 1455 of the Civil Code, constitutes a minor non-performance of the tourist services included in a package and the organiser has not remedied it.
14.5 If a lack of conformity, pursuant to article 1455 of the Civil Code, constitutes a non-performance of a not insignificant nature of the tourist services included in a package and the organiser has not remedied it within a reasonable period established by the traveller in relation to the duration and characteristics of the package, with the notification made pursuant to paragraph 2, the traveller may, without charge, terminate the tourist package contract ex officio and with immediate effect or, where applicable, request, pursuant to article 43, a reduction in price, without prejudice, however, to any compensation for damages. In the event of termination of the contract, if the package included the carriage of passengers, the organiser shall also arrange for the return of the traveller with equivalent transport without undue delay and without additional costs for the traveller..
14.6 Where it is impossible to ensure the return of the traveller, the organiser shall bear the costs of the necessary accommodation, where possible of a category equivalent to that provided for in the contract, for a period of no more than three nights per traveller or for such longer period as may be provided for by European Union legislation on passenger rights applicable to the relevant means of transport.<14.7 The limitation of costs referred to in paragraph 6 does not apply to persons with reduced mobility, as defined in Article 2(1)(a) of Regulation (EC) No 1107/2006, and their companions, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organiser has been notified of their special needs at least 48 hours before the beginning of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the liability referred to in this paragraph if the transport service provider cannot invoke the same circumstances in accordance with the applicable European Union legislation.
14.8 If the transport service provider is unable to provide the service, the organiser may not invoke the same circumstances.
14.8 If, due to circumstances beyond the control of the organiser, it is impossible to provide a substantial part, in terms of value or quality, of the combination of tourist services agreed in the tourist package contract, the organiser offers, without any extra charge to the traveller, suitable alternative solutions of equivalent or higher quality, where possible, than those specified in the contract, so that the performance of the package can continue, including the eventuality that the return of the traveller to the place of departure is not provided as agreed. If the alternative solutions proposed result in a package of lower quality than that specified in the tourist package contract, the Organiser shall grant the traveller an appropriate reduction in the price.
14.9 The traveller shall not be entitled to a reduction in the price of the package.
14.9 The traveler may only reject the proposed alternative arrangements if they are not comparable with what was agreed in the tour package contract or if the price reduction granted is inadequate.
14.10 If it is impossible to provide alternative arrangements or if the traveller rejects the proposed alternative arrangements that comply with paragraph 8, the traveller shall be entitled to a reduction in price. In the event of non-compliance with the obligation to make an offer as referred to in sub-paragraph 8, sub-paragraph 5 shall apply..
14.11 Where, due to unforeseen circumstances not attributable to the organiser, it is impossible to ensure the return of the traveller as agreed in the tourist package contract, paragraphs 6 and 7 apply.
- Seller's liability regime (Artt. 50 - 51 quater CdT)
15.1 The Seller is responsible for the execution of the mandate conferred upon it by the traveller with the travel agency contract, regardless of whether the service is rendered by the Seller himself, by his auxiliaries or assistants when acting in the exercise of their functions or by third parties whose services he makes use of, since the fulfilment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
15.2 The Seller is not responsible for booking errors attributable to the traveller or due to extraordinary circumstances.
15.2 The Seller is not liable for booking errors attributable to the traveller or due to unavoidable and extraordinary circumstances.
15.3 The Traveller's right to compensation for damages in connection with the Seller's liability is time-barred after two years from the date of the Traveller's return to the place of departure.15.3
- Limits of compensation (Art. 43, para. 5)
16.1 The tourist package contract may provide for the limitation of the compensation payable by the organiser, except for personal injury or damage caused intentionally or through negligence, as long as this limitation is not less than three times the total price of the package.
16.2 The right to compensation may be exercised by the organiser in the event of a claim.
16.2 The right to compensation for personal injury is time-barred in three years from the date of the return of the traveller to the place of departure or in the longest period provided for compensation for personal injury by the provisions governing the services included in the package.
17.1 Possibility of contacting the organiser through the seller (Art. 44 CdT)
17.1 The Traveller may address messages, requests or complaints relating to the performance of the package directly to the Seller through whom he or she purchased it, who in turn shall promptly forward such messages, requests or complaints to the Organiser.
17.2 For the purposes of contacting the Organiser, the Traveller may contact the Seller directly.
17.2 For the purposes of complying with time limits or limitation periods, the date on which the Seller receives messages, requests or complaints referred to in paragraph 1 shall be considered the date of receipt also for the Organiser.
- Obligation to provide assistance (Art. 45 CdT)
18.1 The organiser shall provide adequate assistance without delay to the traveller who is in difficulty, including in the circumstances referred to in Article 42, paragraph 7 CdT, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and by assisting the traveller in making long-distance communications and helping him to find alternative tourist services.
18.2 The organiser shall provide the traveller with adequate assistance without delay, including in the circumstances referred to in Article 42, paragraph 7 CdT.
18.2 The organiser may charge a reasonable fee for such assistance where the problem is caused deliberately or through the fault of the traveller, within the limits of the actual costs incurred.
- Assicurazione contro le spese di annullamento e di rimpatrio (Art. 47, comma 10 CdT)
19.1 Se non espressamente comprese nel prezzo, è possibile e consigliabile stipulare, al momento della prenotazione e tramite il Venditore, speciali polizze assicurative contro le spese derivanti dall’annullamento del pacchetto, dagli infortuni e\o malattie che coprano anche le spese di rimpatrio e dalla perdita e\o danneggiamento del bagaglio. I diritti nascenti dai contratti di assicurazione devono essere esercitati dal viaggiatore direttamente nei confronti delle Compagnie di Assicurazione stipulanti, alle condizioni e con le modalità previste nelle polizze medesime, come esposto nelle condizioni di polizza pubblicate sui cataloghi o esposte negli opuscoli messi a disposizione dei Viaggiatori al momento della partenza.
- Strumenti alternativi di risoluzione delle controversie (Art. 36, comma 5, lett. g) CdT)
20.1 The organiser may propose to the traveller - in the catalogue, in the documentation, on its website or in other forms - alternative dispute resolution (ADR), in accordance with Legislative Decree 206/2005. In this case the organiser will indicate the type of alternative resolution proposed and the effects that such adherence entails.
- Protection of the traveller (Art. 47 CdT) .
21.1 The organiser and the seller established on the national territory are covered by an insurance contract for civil liability in favour of the traveller for damages resulting from the violation of their respective obligations under their respective contracts.
21.2 The contracts of the organiser and the seller are covered by the insurance contract.
21.2 The contracts for the organisation of package tours are covered by insurance policies or bank guarantees or issued by the Funds referred to in paragraph 3 of art. 47 of the C.C.T., which, for journeys abroad and journeys within a single country, including journeys in Italy, in cases of insolvency or bankruptcy of the organiser or the seller guarantee, without delay upon request of the traveller, the refund of the price paid for the purchase of the package and the immediate return of the traveller if the package includes the transport of the traveller, as well as, if necessary, the payment of board and lodging before the return. The guarantee shall be effective, appropriate to the volume of business and shall cover the reasonably foreseeable costs, the amounts of payments made by or on behalf of the travellers in connection with packages, taking into account the length of time between the down payments and the final balance and the completion of the packages, as well as the estimated cost of repatriation in the event of insolvency or bankruptcy of the organiser or seller.
21.3 Travellers shall be entitled to a refund of the cost of their travel arrangements and shall be entitled to a refund of the cost of their travel arrangements.
21.3 Travellers shall benefit from protection in the event of the insolvency or bankruptcy of the organiser or retailer irrespective of their place of residence, the place of departure or the place of sale of the package and irrespective of the Member State where the entity providing protection in the event of insolvency or bankruptcy is established.
21.4 In the cases provided for in paragraph 2, as an alternative to the refund of the price or immediate return, the traveller may be offered continuation of the package in the manner provided for in Articles 40 and 42 of the CST.
- Operating changes
22.1Because of the early publication of catalogues containing information on how to use the services, it should be noted that the flight times and routes indicated in the acceptance of the proposal to purchase the services may be subject to change as they are subject to subsequent validation. To this end, the traveller should request confirmation of the services from his or her Travel Agency prior to departure.
22.2 The organiser will inform passengers of the identity of the actual carrier at the times and in the manner provided for in Article 11 of EC Regulation 2111/2005.
- Information pursuant to art. 13 of Legislative Decree 196/2003 and art. 13 of Regulation (EU) 2016/679
23.1 Pursuant to art. 13 of Legislative Decree 196/2003 ("Privacy Code") and art. 13 of Regulation (EU) 2016/679, laying down provisions for the protection of persons and other subjects regarding the processing of personal data, we wish to inform you that the personal data you provide will be processed in compliance with the aforementioned legislation and the confidentiality obligations to which the undersigned Company is bound. The information is available at the following link: https://gustiamoli.com/policies/privacy-policy
- Compulsory notification pursuant to Article 17 of Law No. 38/2006. .
24.1 "Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad".
Emergency number (for the exclusive use of travelling customers) +39 3319774667
Non-use of the service invalidates any further claims
In accordance with Art. No. 50 of the CdT, the organiser has taken out a third party liability insurance policy with XXXXXX policy number 000000.