TERMS AND CONDITIONS
2. LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in both national and foreign territory, is governed by regional law 86/2016, DLGS 23.05.2011 nr. 79 and subsequent amendments as well as by the law 27/12/1977 n ° 1084.
The booking request or information request can be submitted via official form on the online site www.tuscanist.com or via standard email. The booking is considered accepted by Travel Social Club, with the consequent conclusion of the contract, only when the consumer has received the relative confirmation from Travel Social Club Srls by telematic system. The indications relative to the tourist package not contained in the contractual documents, in the brochures or in other written means of communication, will be provided by the organizer in compliance with the obligations envisaged, at its own expense, and with fair advance on the journey’s start.
4. PAYMENTS AND EXPRESS TERMINATION CLAUSE
When booking is confirmed, a deposit of 30% of the total payment is required, while the balance must be paid within 30 days before the date of departure and it is subject to a different agreement with Travel Social Club Srls. For bookings confirmed within 30 days prior to departure, payment of the deposit and the balance must be contextual, subject to a different agreement with Travel Social Club Srls.
In case of non-payment of the above amounts on the established dates that are to be considered essential and peremptory, the contract will be considered terminated without the need of further communication from Travel Social Club Srls to the customer, and without prejudice to the right of Travel Social Club Srls to require its execution despite the deadline. In the event of termination, the client will be charged a penalty equal to 30% of the total amount.
The price of the tourist package and single tourist service is determined in the contract, with reference to what is indicated in the catalogue or on the site (for standard services) or communicated personally to the customer (for personalized services). The price may be changed up to 20 days prior to the departure and only as a result of changes in:
– transport costs, including the cost of fuel, ETS (Carbon Tax);
– rights and taxes on some types of tourist services such as taxes, landing or boarding fees in ports and airports;
– exchange rates applied to the package in question.
For these changes, reference will be made to the exchange rate and the above costs in effect on the date of publication of the program, as reported in the technical data sheet, or on the date indicated in the above updates.
The fluctuations will affect the flat rate of the tourist package only in a percentage expressly indicated in the technical data sheet of the catalogue or off-catalogue program.
6. CHANGE OR CANCELLATION OF THE PACKAGE
If Travel Social Club Srls had the need to significantly change one or more elements of the contract before departure, it will immediately inform the customer by written communication, indicating the type of modification and the resulting price variation.
If the customer does not accept the proposed amendment, he/her may exercise the right to reacquire the sum already paid or to enjoy the offer of a replacement package.
The customer can exercise the rights provided above even when the cancellation depends on the lack of minimum number of participants (number already stated in the catalogue, in the program build out of the catalogue or on the website) and in cases of force majeure and unforeseeable circumstances, relating to the package purchased.
For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as for those other than the customer’s failure to accept the alternative tourist package offered, Travel Social Club srls will return the customer the full amount paid up to that time.
In the event that the Travel Social Club Srls, after the start or during the service, is unable to provide a service included in the contract, it will have to provide alternative solutions of equal or greater value without additional cost to the customer. In the event that no alternative solution is possible, or if the customer cannot accept the solution offered for obvious reasons, Travel Social Club Srls will return the equivalent value of the cancelled service to the customer.
Changes by the customer for confirmed bookings only oblige Travel Social Club Srls if and to the extent that they can be met. In any case, the request for changes will be charged with the higher expenses incurred.
CONSUMER WITHDRAWAL AND EXCLUSIONS
The customer can withdraw from the contract, without paying cancellation fees, in the following cases:
– increase in the price referred to in the previous art. 4 in excess of 10%;
– significantly modification on one or more elements of the contract objectively fundamental for the purposes of the overall package, if the modification is proposed by Travel Social Club Srls after the conclusion of the contract, but before the departure, and it is not accepted by the consumer.
In these cases, the customer has alternatively the right to one of the following options:
– take advantage of an alternative tourist package of equivalent value;
– take advantage of an alternative tourist package of higher value by paying the difference to Travel Social Club Srls;
– take advantage of a lower value tour package with the return of the excess price. The return will be made within seven working days from the reception of the refund request.
The customer must give notice of his decision (to accept the change or to withdraw) within and no later than 2 working days from the moment he has received the notice of price and/or itinerary modifications. In the absence of express communication within the aforementioned deadline, the proposal formulated by the organizer is deemed accepted.
The consumer who withdraws from the contract before departure and outside the assumptions listed in the first paragraph, will be charged with the cancellation fee as indicated below (Article 7). He/she may as well be asked for the amount payed as insurance coverage, if the insurance has been already requested at the time of conclusion of the contract. The same can be asked for other services already rendered.
In case of withdrawal from the travel contract, the following penalties apply (unless otherwise specified by Travel Social Club Srls):
– withdrawal up to 31 days before the start of the trip: 30% of the total booking cost *
– withdrawal from 30 to 21 days before the start of the trip: 50% of the total booking cost *
– withdrawal from 20 to 1 day before the start of the journey: 100% of the total booking cost.
The calculation of the days does not include the day of the official withdrawal, whose written communication must be received on a working day prior to the start of the journey.
The same sums will have to be paid by those who could not participate in the trip due to lack or irregularity of the foreseen personal documents.
No refund is provided for those who do not show up or for those who decide to interrupt the journey or stay already undertaken.
* In packages with flight or train tickets included, if the ticket has already been issued, the penalty must be calculated on the amount of the holiday deducting the cost of the ticket, which will be charged in full.
The renouncing customer can be replaced by another person provided that: ravel Social Club Srls is informed of the replacement by written communication at least 4 working days before the date set for the departure, receiving at the same time notification of the reasons for the replacement and the details of the transferee;
– the transferee satisfies all the conditions for the use of the service and in particular has a valid passport and all of the appropriate visas, permits and certificates that may be needed;
– the same services or other replacement services can be provided following the replacement;
– the substitute reimburses the organizer for all additional expenses incurred to proceed with the replacement, to the extent that it will be quantified before the booking modifications are put in place.
10. CUSTOMER OBLIGATIONS
Il cliente è tenuto a fornire all’organizzatore tutti i documenti, le informazioni e gli elementi in suo possesso utili per l’esercizio del diritto di surroga di quest’ultimo nei confronti dei terzi responsabili del danno ed è responsabile verso l’organizzatore del pregiudizio arrecato al diritto di surrogazione. Il cliente è sempre tenuto ad informare Travel Social CLub Srls di eventuali sue esigenze o condizioni particolari (gravidanza, intolleranze alimentari, disabilità, ecc..) e a specificare esplicitamente la richiesta di relativi servizi personalizzati.
The customer must have a valid passport or a valid equivalent document, suitable for his/her recognition by the authorities. He must also comply with the rules of normal prudence and diligence, with all information provided by Travel Social Club Srls, as well as with the regulations and administrative and legislative provisions related to travelling.
Customers will be held responsible for all damages that Travel Social Club Srl may suffer as a result of failure to comply with the aforementioned obligations.
Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organizer and the rules, administrative or legal instructions pertaining to the Tourist package. Tourists will be liable for any damage which the seller and/or the organizer may suffer also as a result of failure to comply with the above mentioned obligations. The Tourist is, moreover, bound to supply the organizer with all documents, information and other elements in his possession which may be useful to the latter in exercising the right of subrogation against third parties responsible for the damage and he is liable towards the organizer should he obstruct the latter in the exercising of its right of subrogation. At the time of booking, the Tourist shall also inform the organizer in writing of any particular personal requests, which may form part of a specific agreement, relating to travel arrangements, provided that they can be carried out. The Tourist must always inform the seller and the organizer of any special needs or conditions (pregnancy, food intolerances, disabilities etc.) and clearly specify the request for particular personalized services.
11. LIABILITY REGIME
In the event of the total non-performance or improper performance of the obligations taken on with the sale of the Tourist package, regardless of whether services are provided directly by the Organiser or by a third party provider, the organizer is bound to pay compensation for damage, unless the Organiser proves that the event was caused by actions of the Tourist (including initiatives undertaken by the Tourist whilst enjoying said Tourist services), or derives from the conduct of a third party of an unpredictable or inevitable nature or has been caused by an unforeseeable event or by force majeure, or by circumstances which the Organiser could in all professional diligence neither anticipate nor resolve.
In the case of Travel Social Club Srls qualifies as an intermediary, also in relation to single services, the same is not responsible in any case for obligations arising from the organization of the trip and / or service, but only responds to obligations arising from its intermediary qualities and in any case within the limits for this responsibility set by the laws and conventions mentioned.
12. COMPENSATION LIMITS
Compensation for damages cannot in any case be higher than the limits indicated by the art. 94 and 95 of the Consumer Code.
13. OBLIGATION TO ASSIST
Travel Social Club Srls shall provide assistance to the customer in compliance with the professional diligence criterion only and exclusively for what concerns the obligations provided by law or by this contract. Travel Social Club Srls is exempt from its responsibilities when the failed or inexact execution of the contract is attributable to the customer or is due to a third party of an unforeseeable or inevitable nature, or was caused by a fortuitous event or force majeure.
14. COMPLAINTS AND CLAIMS
Any failures in the delivery of the contract must be reported by the costumer by means of the timely presentation of a complaint, so that Travel Social Club Srls, its local representative or tour guide can remedy the situation promptly. Failure to do so will cause a reduction or the total cancellation of compensation of damages as per article 1227 of the Italian Civil Code. The Tourist may also make a claim by sending a letter by registered mail, or by another method that guarantees proof of receipt, to the Organiser within ten working days of the date of return.
15. ASSICURAZIONE CONTRO LE SPESE DI ANNULLAMENTO E MEDICO BAGAGLIO
15. INSURANCE AGAINST CANCELLATION OR FOR REPATRIATION COSTS
If these are not explicitly included in the package price, we recommend agreeing on a special insurance policy at the time of booking, so to cover costs related to package tour cancellation or injury. It is also possible to sign a contract covering repatriation in case of accidents, illness, unforeseeable events and/or force majeure. The Tourist shall exercise the rights under these contracts exclusively with insurance companies with which the policies have been stipulated at the terms and conditions and in the manner provided by these policies.
16. ASSICURAZIONE e FONDO DI GARANZIA
Travel Social Club Srls has stipulated a specific travel insurance policy with the insurance company UnipolSai Assicurazioni, policy number 1/2640/319/161912013.
Travel Social Club Srls has also stipulated an insurance policy in accordance with the Guarantee Fund with the Filo Diretto Assicurazioni Company, policy number 6006000948/M.
The National Guarantee Fund set up to protect consumers who have signed a contract and who are in possession of it, provides for the following needs in the event of a declared insolvency or bankruptcy of the seller or organizer:
– reimbursement of the price paid;
– repatriation in the case of travel abroad.
The fund must also provide immediate economic availability in the event of forced return of tourists from non-EU countries on the occasion of emergencies attributable or not to the behavior of the organizer. The modalities of intervention of the Fund are established with the decree of the Italian President of the Council of Ministers of 07/23/99, n. 349.
Information pursuant to art. 13 of Legislative Decree 196/03 (personal data protection): the processing of personal data – whose conferment is necessary for the conclusion and execution of the contract – is carried out, in full compliance with Legislative Decree 196/2003, in paper and digital form. The data will be communicated only to the suppliers of the services included in the tourist package.
The customer may at any time exercise the rights pursuant to art. 7 d.lgs.n.196 / 03 contacting the society in charge of the collection and control of the data: Travel Social Club Srls, via Madonna del Prato n. 119 Arezzo (AR).
18. TECHNICAL ORGANIZATION AND PROGRAMMING
The technical organization and planning of tourist services is carried out by Travel Social Club Srls, via Madonna del Prato n. 119 Arezzo (AR), Tax Code and VAT Number 02281080511, PEC email@example.com, registration in the Business Register of the Chamber of Commerce of Arezzo n. 174962, administrative authorization issued by the Municipality of Arezzo SUAP / 2017/5975 – Protocol n. BLLLSS80C15A390H-27042017-1243 del 27/04/2017