Terms and conditionsThe use of the services of Ride Tuscany by Anima Toscana srl implies the acceptance by the User of the General Conditions and the Information Notice on the protection of privacy shown.
The booking and purchase of the products and services listed on the website www.bike-tour-tuscany.com is governed by the contractual conditions applied by the suppliers of these products and services. All users must read and accept these General Conditions before proceeding with their booking and/or purchase.
The collection, processing and any other transaction involving the information provided by the User when making a purchase is made in compliance with the Information Notice on Privacy, which is an integral part of the General Conditions.
GENERAL CONDITIONS OF CONTRACT OF SALE OF TOURIST PACKAGES and INTERMEDIATION FOR INDIVIDUAL TOURIST SERVICES
1. LEGISLATIVE SOURCESThe sale of tourist packages, comprised of services to be provided on both national and foreign territory, is governed by Law no. 1084 of 27 December 1977 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970 – insofar as this is applicable – and by the Italian Code of Tourism indicated in Legislative Decree no. 79 of 23 May 2011 (articles 32 – 51) and subsequent amendments.
2. AUTHORISATIONSThe tour operator and seller of the tourist package, with whom the consumer deals, must be authorised to carry out their respective activities in accordance with administrative regulations in force, including at regional level. In accordance with article 18(IV) of the Italian Code of Tourism, the words “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other similar words and phrases, including in a foreign language, may be used exclusively in the names of the licensed companies indicated in paragraph 1.
3. DEFINITIONSFor the purposes of this contract, the following definitions shall apply:
- a) tour operator: the person who undertakes, in its own name and in exchange for a one-off payment, to procure tourist packages for third parties, combining the services indicated in article 4 below or offering the tourist, even via remote communication systems, the possibility of putting together a package autonomously and purchasing it;
- b) intermediary: the person who, not necessarily professionally and not for profitable gain, sells or undertakes to procure tourist packages put together in accordance with article 4 below in exchange for a one-off payment;
- c) tourist: the purchaser, the transferee of a tourist package or any person, including unnamed persons, provided that they meet all the conditions required to be able to use the service, on whose behalf the main contractor undertakes to purchase a tourist package without remuneration.
4. THE NOTION OF ‘TOURIST PACKAGE’The notion of tourist package is as follows: “Tourist packages comprise journeys, holidays and “all-inclusive” tours, resulting from the pre-arranged combination of at least two of the services indicated below that are sold or offered for sale at a fixed price:
- a) transport;
- b) accommodation;
- c) tourist services not ancillary to transport or accommodation (omitted) ….. that form a significant part of the “tourist package” (article 34 of the Italian Tourism Code).
5. OBLIGATORY INFORMATION – TECHNICAL SPECIFICATIONSThe tour operator shall make technical specifications available in the brochure or in a separate programme – even on an electronic support or via the Internet. The following must appear on the technical specifications provided in the brochure or separately to it:
– details of the administrative authorisation or, if applicable, the D.I.A. or S.C.I.A. of the tour operator;
– details of the tour operator’s civil liability insurance policy;
– the period of validity of the brochure or programme provided separately to it;
– ways of and conditions for transferring bookings (article 39 of the Italian Tourism Code);
– parameters and criteria for adjusting the price of the trip (article 40 of the Italian Tourism Code).
6. BOOKINGSThe booking request is made via the same form used by the consumer on the website of the tour operator or via email. A booking shall be understood as accepted by Ride Tuscany di Anima Toscana srl and the contract therefore concluded, only when the consumer receives confirmation from Ride Tuscany di Anima Toscana srl, even electronically, which may be sent either directly to the client. Information on the tourist package that is not included in the contractual documents, in the brochure or in other written communications, shall be provided by the tour operator in accordance with its obligations pursuant to article 37(2) of the Italian Tourism Code before starting the trip.
7. PAYMENTS AND EXPRESS TERMINATION CLAUSEA deposit of 25% of the price of the tourist package is to be paid at the moment of booking. The balance must be paid not later than 30 days preceding the intended departure date. In case of reservation after the above mentioned date the whole payment is due in the act of reserving the package.
If the user fails to pay the amounts indicated above by the given deadlines, which are to be understood as imperative and final, the contract shall be understood as terminated de jure pursuant to article 1457 of the Italian Civil Code without the tour operator being obliged to notify the consumer, without prejudice to the right of the tour operator to enforce its performance despite the passing of the deadline. If the contract is terminated, the consumer must pay the tour operator a penalty of 25% of the amount due.
8. PRICEThe price of the tourist package and individual tourist services shall be established in the contract, and refers to the information shown in the brochure and on the website up until the last date of validity of the price list and then, upon the expiration of this, to the information given in the booking request. The price may be changed up until 20 days before departure and only as a result of changes in:
– transport costs, including the cost of fuel, ETS (Carbon Tax);
– taxes and fees imposed on certain types of tourist services, such as landing fees, boarding and disembarkation fees in ports and airports;
– exchange rates applied to the package in question.
For these changes reference shall be made to the exchange rates and costs indicated above in force as at the date of publication of the programme, shown on the technical specifications in the brochure, or as at the date indicated when the changes are made.
Changes will have an effect on the overall price of the tourist package in the percentage expressly indicated in the technical specifications in the brochure or on the programme provided separately to it.
9. ALTERATIONS TO OR CANCELLATION OF A TOURIST PACKAGE BEFORE DEPARTUREBefore departure a tour operator or seller that needs to make significant alterations to one or more elements of the contract shall give immediate written notification of this to the consumer, indicating the type of alteration and the resulting change in price. If the consumer does not accept the proposed alteration indicated in paragraph 1, he may alternatively exercise his/her right to a refund of the amount he/she has already paid or accept an alternative tourist package in accordance with paragraphs 2 and 3 of article 10. The consumer may exercise the rights indicated above even when the tourist package he/she has purchased is cancelled due to the tour operator failing to secure the minimum number of participants required according to the brochure or the programme provided separately to it, or due to force majeure or unforeseeable circumstances. For cancellations made for reasons other than force majeure, unforeseeable circumstances or the tour operator failing to secure the minimum number of participants required, or for reasons other than the consumer failing to accept the alternative tourist package offered, the tour operator (article 33(e) of the Italian Consumer Code) shall refund the consumer twice the amount he/she has paid. The amount that is refunded may never be more than twice what the consumer would owe as at that same date in accordance with article 10(4) if the cancellation is made by the consumer him/herself.
10. WITHDRAWAL OF THE CONSUMER AND EXCLUSIONSThe consumer may withdraw from the contract, without paying any penalties, in the following circumstances:
– if the price indicated in article 8 above is increased by more than 10%;
– if one or more elements of the contract that may be objectively considered essential for the purposes of using the tourist package as a whole are altered significantly and proposed by the tour operator after the contract has been concluded but before departure and are not accepted by the consumer.
In the cases indicated above, the consumer is alternatively entitled:
– to an alternative tourist package, at no extra cost or with a refund of any excess paid, if the second tourist package is cheaper than the first;
– to a refund of just the part of the price already paid. The refund must be made within seven working days of receiving the refund request.
The consumer must give notification of his/her decision (to accept the alteration or withdraw) within and no later than 2 working days of receiving the notification of the increase in price or alteration. If the consumer fails to send express notification by the aforementioned deadline, the proposal of the tour operator shall be considered accepted. A consumer who withdraws from the contract before departure for reasons other than those indicated in paragraph 1 will be charged an administration fee, a penalty – the amount of which is indicated in the technical specifications in the brochure – and the cost of any insurance cover already requested upon conclusion of the contract or other services that have already been provided.
If the customer withdraws from the contract he is anyway obliged to pay the registration fee which is Euro 30 per person in 2015. The calculation of the days does not include the day of withdrawal. A declaration of withdrawal must be made in writing within the deadline of one working day prior to the booked departure date:
- withdrawal until 31 days preceding the departure date: 25% of the total amount
- withdrawal from 30 until 21 days pre- ceding the departure date: 50% of the total amount
- withdrawal from 20 until the departure date: 100% of the total amount
ALTERATION OF THE BOOKING
For each and any kind of alteration of the already booked tourist package the customer is obliged to pay an administrative fee of Euro 30 per person. A reduction in participants will be considered a cancellation and therefore subject to the cancellation fees as mentioned above. The operator is not obliged to fulfil any customer's alteration request of an already booked tourist package if he is not able to meet the customer's requirements.
11. ALTERATION MADE AFTER DEPARTUREIf, after departure, the tour operator finds that it is not able to provide, for any reason other than one regarding the consumer, an essential part of the services included in the contract, it must offer alternative solutions, at no extra cost and, if the services provided are cheaper than those originally provided for, refunding the difference. If no alternative solution is possible, or the consumer refuses the solution offered by the tour operator for proven and justified reasons, the tour operator shall, at no extra cost, provide the consumer with equivalent means of transport to that which was originally stipulated back to the place of departure or to another agreed place, subject to the availability of means and seats, and shall reimburse the difference between the cost of the services originally provided for and those actually provided up until the point of early return.
12. TRANSFERS OF BOOKINGSA consumer who withdraws may transfer his/her booking to another person, as long as:
- the tour operator is informed in writing at least 4 working days before the date booked for departure, and is also informed of the reasons for the transfer of the booking and the details of the transferee;
- the transferee satisfies all the conditions for being able to use the service (pursuant to article 39 of the Italian Tourism Code) and in particular, meets the passport, visa and medical certificate requirements;
- the same services or other replacement services can be provided following the transfer;
- the transferee reimburses the tour operator for any extra costs incurred in transferring the booking, the exact amounts of which will be specified before the booking is transferred.
13. OBLIGATIONS OF CONSUMERSDuring negotiations and at any rate before concluding the contract, Italian citizens will be provided with information via the brochure on health requirements and documentation required for travelling abroad. Foreign citizens may acquire the corresponding information from their diplomatic representatives in Italy and/or respective official government information channels. At any rate, before departure, consumers must check for any updated information with the relevant authorities (for Italian citizens, local police headquarters or the Ministry of Foreign Affairs) by visiting the website www.viaggiaresicuri.it or calling 06.491115), making sure they meet all the relevant requirements before travelling. If the consumer fails to check this information, the seller or tour operator shall not be held liable in any way if one or more consumers is prevented from departing. Consumers must inform the seller and tour operator of their nationalities and, upon departure, must definitively confirm that they hold the relevant vaccination certificates, their own passports and any other necessary documents, valid for all the countries included in the itinerary, as well as any tourist or transit visas and medical certificates that may be required. Furthermore, in order to assess the health and security situation of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the consumer shall obtain (using the sources indicated in paragraph 2) general official information from the Ministry of Foreign Affairs that expressly indicates whether or not travel to these destinations is formally advised against. Consumers must also follow the rules of normal prudence and diligence and any specific rules in force in the countries of destination, as well as all information provided to them by the tour operator and the administrative or legislative regulations governing the tourist package. Consumers will be liable for any damage caused to the tour operator and/or the seller also due to non-compliance with the obligations indicated above. The consumer must provide the tour operator with all documents, information and elements in his/her possession required to exercise his/her right of subrogation against third parties liable for damages, and is liable to the tour operator for any prejudice caused to the right of subrogation. The consumer must also inform the seller and tour operator of any requirements or special conditions (pregnancy, food allergies, disabilities, etc.) he/she may have and explicitly request the related personalised services.
14. CLASSIFICATION OF HOTELSThe official classification of hotel facilities shall be provided in the brochure or in other informative material only on the basis of express and formal indications from the authorities with jurisdiction in the country where the service is provided. In the absence of official classifications recognised by the public authorities with jurisdiction in the country where the service will be provided, including member states of the EU, the tour operator reserves the right to provide its own description of the accommodation, to allow the consumer to evaluate and then accept it.
15. LIABILITY REGIMEThe tour operator is liable for damages caused to the consumer by its total or partial failure to provide the services owed under the contract, whether provided personally by the tour operator or by third party service providers, unless the former can prove that this was the fault of the consumer (including due to initiatives undertaken autonomously by the consumer during the provision of tourist services), or due to circumstances extraneous to the supply of the services provided for in the contract, unforeseeable circumstances, force majeure, or circumstances that the tour operator could not, in accordance with professional diligence, reasonably foresee or resolve. The intermediary through which the tourist package is booked is not bound under any circumstances by the obligations arising from the organisation of the trip, but is bound exclusively by its obligations in its capacity as intermediary and, at any rate, within the limitations governing this liability in the regulations in force on the subject, with the exception of the exemption indicated in article 46 of the Italian Tourism Code.
16. LIMITS TO COMPENSATIONCompensation for damages may not under any circumstances exceed the ceilings indicated in articles 94 and 95 of the Italian Consumer Code.
17. OBLIGATION TO PROVIDE ASSISTANCEThe tour operator must provide the consumer with the assistance laid down by the criterion of professional diligence exclusively in reference to its obligations as stipulated by law or the contract. The tour operator and the seller are exempt from their respective responsibilities (articles 15 and 16 of these General Conditions) when the consumer is responsible for the breach or incorrect performance of the contract or when this is due to an unforeseeable or inevitable outside event or caused by unforeseeable circumstances or force majeure.
18. CLAIMS AND COMPLAINTSThe consumer must report any breaches of contract straight away so that the tour operator, its local representative or partner can resolve the issue in a timely manner. Otherwise the contractual breach may not be challenged. Alternatively the consumer must – on pain of losing the right to appeal – submit his claim by sending a recorded delivery letter, with return receipt, to the tour operator or the seller, within and no later than ten working days of the date on which he returned to his place of departure.
19. INSURANCE AGAINST CANCELLATIONS AND MEDICAL AND LUGGAGE COSTSIf it is not expressly included in the price, it is possible, and indeed advisable, for the consumer to take out special insurance policies, upon making the booking at the offices of the tour operator or the intermediary, to cover any costs that may arise from the cancellation of the tourist package, accidents and anything that may happen to luggage. The consumer may also enter into an assistance contract covering repatriation costs in the event of accident, illness, unforeseeable circumstances and/or force majeure. The tourist may exercise his/her rights under these contracts exclusively against the contracting insurance companies, on the conditions and in the ways provided for by the policies.
20. ALTERNATIVE MECHANISMS FOR RESOLVING DISPUTESThe Tourist should note that the brochure, the documentation and the website of the Tour Operator may include specific arbitration or conciliation clauses for disputes in accordance with article 67 of the Italian Tourism Code.
21. GUARANTEE FUNDThe National Guarantee Fund (article 51 of the Italian Tourism Code), which was established to protect consumers with a contract, provides for the following if the seller or the tour operator declares insolvency or bankruptcy:
- a) a refund of the price paid;
- b) repatriation in the event of travel abroad.
ADDENDUM – GENERAL CONDITIONS OF CONTRACT GOVERNING THE INTERMEDIATION OF INDIVIDUAL TOURIST SERVICES
- A) LEGAL PROVISIONS
- B) CONDITIONS OF CONTRACT
TECHNICAL SPECIFICATIONS – SUPPLEMENTARY CONDITIONS OF RIDE TUSCANY BY ANIMA TOSCANA SRL
1. SUPPLEMENTARY CONDITIONS FOR THE GROUP TOURSPARTICIPANTS REQUISIITIONS
Each participant has to be in a psychophysical condition that allows him completing the entire itinerary of the chosen package. People with serious pathologies, physical and mental disturbances, diseases requiring particular therapies, have to indicate it at the booking that, if incompatible with the type of travel, could refuse the registration to the travel. The non-respect of this regulation may result in the exclusion from the group during the travel at complete discretion of the tour guide.
The participant that book individually can chose between the single room (with extra charge) or double room with somebody else assigned by Ride Tuscany di Anima Toscana srl.
ATTENTION: until 21 days before the departure in the rare cases in which we can’t find a partner to assign in the double room, to who is travelling alone will be asked for a 50% extra charge for the single room accommodation. In the 20 days before the departure, instead, Ride Tuscany di Anima Toscana srl could require the entire extra charge of the single room. The extra charge will be refund if a partner will be found.
MINIMUM NUMBER OF PARTICIPANTS
The tours in groups are guaranteed only with a minimum number of participants. Ride Tuscany di Anima Toscana srl could cancel the tours that don’t achieve the minimum number required with a minimum of 25 days before the start of the tour. In the case of Ride Tuscany di Anima Toscana srl decides to cancel the tour, to the travelers that already paid the reservation, the entire amount will be refund, in the 15 days after the communication.
Obligatory notice in accordance with article 17 of Law no. 38/2006 Under Italian law, crimes involving prostitution and child pornography are punishable by imprisonment, even if committed abroad.
Information notice pursuant to article 13 of Legislative Decree no. 196/03 (personal data protection) Personal data – which must be given to conclude and perform the contract – is processed, in full compliance with Legislative Decree no. 196/2003, on paper and digitally. The data will only be sent to the suppliers of the services included in the tourist package.
The client may, at any time, exercise his/her rights pursuant to article 7 of Legislative Decree no. 196/03 by contacting Ride Tuscany di Anima Toscana srl, La Lizza 10 c/o Studio Frezzotti, 53100 Siena, the data controller.
Logistics and programming:
RIDE TUSCANY DI ANIMA TOSCANA SRL
Via Roma, 18
•Partita Iva 01376870521 registered at Chamber of Commerce of Siena REA n. SI-142979
•Authorized Tour Operator and Travel agency company on 31/03/2015
•Insurance RC n. 111122709 by Allianz s.p.a.
•Catalogue valid from 01/01/2018 to 31/12/2018.