TOURIST PACKAGES general terms

The following Terms and Conditions make up the Contract between Cicloposse Bike tour operator  and the Traveler, and apply to any Tourism Package sold by Cicloposse Bike tour

 

The Travel Contract of a tourism package is composed of:

  • the following terms and conditions
  • the program description found on the web site or in separate/tailor made/custom programs sent by Cicloposse Bike tour or its staff
  • the confirmation of the services booked by the Traveler.

    The confirmation of any service implies that the Traveler/s (defined as any participant listed in the reservation) have read and accepted the terms and conditions written below as well as the Travel Contract and any advice contained either in the program and the sales proposal.

1) Industry Laws and Regulations

The sale of tourism packages and associated travel arrangements is ruled by the art. 32-51-novies of the so-called “Codice Del Turismo” (Tourism Code) per Legislative Decree n. 79 of May 23, 2011, with modifications per the Legislative Decree 62/2018 executing the EU Decree 2015/2302 and subsequent amendments, as well as by the Italian Civil Code as regards of transportation and mandate, where applicable. We also abide by e-commerce legislation as specified in the opening paragraph.

2) Administrative Regulations

Tourism Packages may be provided for sale exclusively by Organizers or Sellers who are regularly licensed for carrying out these activities, in full compliance with ruling Italian legislation, including regional or municipal ones. Organizers or Sellers must share, prior to the signing of the contract with the traveler, the following: 

  • Third Party Liability and Professional Insurance details
  • Insurance or bank guarantee policies for insolvency or bankruptcy of the company to protect the Traveler in case of failure to deliver (covering costs for reimbursement and/or immediate repatriation costs to the starting point).

Per the afore mentioned Tourism Code (art 18, comma 6), the use of the following words “tourist agency”, “travel agency” or “tour operator”, “travel mediator” and similar terms in foreign languages is permitted only to companies which fall into the category described above, in Paragraph 1.

3) Definitions

Pursuant to Art. 33 of the Tourism Code and for the purposes of these general terms and conditions the following definitions shall apply:

  1. a) Traveler: any person who is seeking to undersign a contract, or is entitled to travel on the basis of the stipulation of a Tourism Package contract or associated travel arrangements contract;

For any communication the address and contacts of the Traveler are the ones in the contract.

  1. b) Trader: any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by and complying with the current legislation, whether acting in the capacity of Organizer, Seller, trader facilitating an associated travel arrangement or as a travel service provider;
  2. c) Organizer – Seller: a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader, or the trader who transmits the Traveler’s data to another trader in accordance with point c), n° 2.4) of art 33. of the Tourism Code;
  3. d) Durable Medium: any instrument which enables the Traveler or the trader to store information addressed personally to him/her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
  4. e) Unavoidable and extraordinary circumstances: a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;
  5. f) Lack of Conformity: a failure to perform or improper performance of the travel services included in a package;
  6. g) Minor: a person below the age of 18 years;
  7. h) Point of Sale: any retail premises, whether movable or immovable, or a retail website or similar online sales facility, including where retail websites or online sales facilities are presented to Travelers as a single facility, including a telephone service;
  8. i) Repatriation: the Traveler’s return to the place of departure or to another place the contracting parties agree upon.

4) The Concepts of Tourism Package and Associated Travel Arrangements

4.1. Per art. 33, comma 1.4.c of the Tourism Code, “Tourism Package” means a combination of at least two different types of the travel services listed below, which are created for the purpose of the same trip or holiday:

  1. a) Booking or provision of transportation;
  2. b) Booking or provision of temporary accommodation;
  3. c) Booking or provision of any other tourist service which is not an insurance or financial service, nor an integrative tourist service;

and provided that at least one of the following conditions applies:

1) the services are combined by one trader, including at the request of or in accordance with the selection of the Traveler, before a single contract on all services is concluded;

2) irrespective of whether separate contracts are concluded with individual travel service providers, the services are: a) purchased from a single point of sale and the services have been selected before the Traveler agrees to pay,

  1. b) offered, sold or charged at an inclusive or total price,
  2. c) advertised or sold under the term ‘package’ or under a similar term,
  3. d) combined after the conclusion of a contract by which a trader allows the Traveler to choose among a selection of travel services, or purchased from separate traders through linked online booking processes where the Traveler’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.

4.2. Associated Travel Arrangements means at least two different types of travel services purchased for the purpose of the same trip or holiday, but which do not constitute a package and so result in the conclusion of separate contracts with the individual travel service providers, if a trader facilitates:

1) on the occasion of a single visit or contact with one point of sale, the separate selection and separate payment of each travel service by Travelers; or

2) In a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.

  1. a) the main characteristics of the travel services such as:
  2. i) the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
  3. ii) the means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the Organizer and, where applicable, the Seller shall inform the Traveler of the approximate time of departure and return;

iii) the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;

  1. iv) meals provided;
  2. v) visits, excursion(s) or other services included in the total price agreed for the package;
  3. vi) where it is not immediately apparent, whether any of the travel services will be provided to the Traveler as part of a group and, if so, where possible, the approximate size of the group;

vii) languages used to provide the services;

viii) whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the Traveler’s request, precise information on the suitability of the trip or holiday taking into account the Traveler’s needs;

  1. b) the trading name and geographical address of the Organizer and, where applicable, of the Seller, as well as their telephone number and, where applicable, e-mail address;
  2. c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the Traveler may still have to bear;
  3. d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the Traveler;
  4. e) the minimum number of persons required for the package to take place and the time-limit, referred to in point (41) of Article 5(a), before the start of the package for the possible termination of the contract if that number is not reached;
  5. f) general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
  6. g) information that the Traveler may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardized termination fees requested by the Organizer;
  7. h) information on optional or compulsory insurance to cover the cost of termination of the contract by the Traveler or the cost of assistance, including repatriation, in the event of accident, illness or death.
  8. i) The data of the guarantee policy against insolvency or bankruptcy, and of the Third Party Liability insurance policy.

 22) Data Protection

This contract is ruled by GDPR (General Data Protection Regulation) which became effective May 25th 2018.

Full GDPR rules are provided to the Traveler separately and are also accessible at our website at the following link: https://cicloposse.com/cookie-policy.php

23) Jurisdiction

This contract is ruled and governed by the Italian Law (and no other). Any dispute, claim or other matter of any description will be dealt by the Italian Court of Siena Province.

24 Required Communication ex art. 17 of law n. 38/2006

Any crimes related to prostitution and child pornography are punishable by Italian Law with imprisonment