TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS FOR ONLINE SALES - HOLIDAY PACKAGE
The general conditions described below, and the information provided in the email sent to confirm the booking, are applicable to the distance selling of holiday packages (hereinafter “package” or “packages” through the website accessible at the URL www.gardalandholidays.it (hereinafter the “Website”).
More specifically, the sale of holiday packages, for services supplied both in Italy and abroad, is regulated by articles 32-51 novies of Legislative Decree no. 79 of 23 May 2011 (the so-called “Tourism Law”, hereinafter referred to as the TL), as currently amended by Legislative Decree no. 62 of 6 June 2018 implementing EU Directive no. 2015/2302, as well as the provisions of the Italian Civil Code on transport, service and agency contracts, as applicable.
1.1 The following definitions apply to these general conditions (where a singular term shall be construed to mean the plural or vice versa):
a) GARDALAND HOLIDAYS SRL: is a company (hereinafter Gardaland Holidays S.r.l.) VAT reg. no.: 02418240236 Via Vivaldi, 7 - 37014 Castelnuovo del Garda (VR), that manages the sales and bookings of holiday packages and accommodation on the Website;
b) TRAVELLER: anyone who intends to sign or enter into a contract or is authorized to travel pursuant to an organised tourist contract;
c) CUSTOMER: means a person who books and purchases one or more Services offered on the Website during the validity of these general terms of sales;
d) ORGANISER: the operator who puts together packages and sells or offers them for sale directly or through or together with another operator;
e) DISTANCE SELLING CONTRACT: the contract for the holiday packages offered on the Website to customers or operators according to a distance selling method without the physical presence of Gardaland Holidays S.r.l. and the customer, and only through the use of remote communications tools through to execution of the contract.
f) THE PARTIES: Gardaland Holidays S.r.l. and the Customer or the Traveller;
g) WEBSITE: means the gardalandholidays.it website owned by Gardaland Holidays S.r.l. and managed by the same, namely the only website through which it is possible to execute a distance selling contract with the company;
h) HOLIDAY PACKAGE (ARTICLE 33, paragraph 1, no. 4, (c) of the TL: means the “combination of at least two different types of tourist services for the same trip or holiday, provided at least one of the following conditions is met: 1) that the services are put together by a single operator, even at the request of or as selected by the traveller, before a single contract is executed for all the services; 2) that these services, even if executed pursuant to separate contracts with individual suppliers of tourist services, are: 2.1) purchased from a single point of sale and selected before the traveller agrees to make payment; 2.2) offered, sold or invoiced at a lump-sum or global price; 2.3) advertised or sold under the name "package" or a similar name; 2.4) put together after the execution of a contract pursuant to which the operator allows the traveller to choose from different types of tourist services, or purchased from specific operators through connected online booking processes where the name of the traveller, the payment details and e-mail address are sent by the operator with which the first contract is executed to one or more operators and the contract with the latter or such operators is executed, at the latest, within 24 hours after confirming the booking of the first tourist service.
2. INFORMATION FOR THE CUSTOMER
2.1 The identity, the registered office and address of Gardaland Holidays S.r.l. namely the company that manages the sale of the holiday packages offered on the Website from a technical point of view, are the following:
GARDALAND HOLIDAYS SRL
Registered Office: Via Derna, 4 - 37014 Castelnuovo del Garda (VR)
Head office: Via Palù, 1 – 37014 Castelnuovo del Garda
Share Capital: EUR 66,560.00 fully paid-up
VAT reg. no.: 02418240236
Tel. (+39) 045 64 04 000
2.2 Before finalising the holiday package contract or offer, the organiser communicates the following information to the traveller either through the information published in the catalogue or a quote or any other information tool (Article 34 of the TL): a) a description of the tourist services, b) the commercial name and geographical address of the organiser and, if applicable, of the seller, including telephone numbers and e-mail addresses; c) the total price of the package inclusive of taxes and any other duties or costs, administrative and paperwork fees, or, should it not be possible to calculate these before the execution of the contract, an indication of any additional costs the traveller may be required to pay; d) the payment method, including the amount or percentage of the price paid as a down payment and the term for payment of the balance, or the financial guarantees that the traveller is required to pay or provide; e) the minimum number of persons required for the package and the term established by article 41, paragraph 5, (a), before the package is started, for termination of the contract if the minimum number of persons is not reached; f) general information concerning passports and visas, including the time required to apply for and obtain visas and the health formalities of the destination country; g) information about traveller’s right to cancel the contract at any time before the package starts against a cancellation fee, or, if provided, the standard cancellation fee applied by the organiser pursuant to article 41, paragraph 1 of the TL; h) information on the optional or obligatory subscription of an insurance covering the costs of unilateral cancellation of the contract by the traveller or the costs of assistance, including return of the traveller, in the event of accident, illness or death; i) the details of the coverage set forth by article 47, paragraphs 1, 2 and 3 of the TL.
2.3 Data sheet:
1. Technical organisation Gardaland Holidays S.r.l.
2. Verona Provincial Authorisation – Decree no. 6299/09 of 18 November 2009. Licence in Category A unlimited
3. Third Party Liability Insurance Policy no. 7/5910/319/100018889 – Unipol Assicurazioni. Health-luggage insurance policy stipulated with Inter Partner Assistance AXA
4. Tourist Guarantee "FONDO FOGAR" with registered office in piazza G.G. Belli 2 Rome, contact details: firstname.lastname@example.org, phone 06/5883101 – email@example.com
5. This catalogue is valid from 29 March 2019 to 3 November 2019.
6. Sent to the Verona Provincial Administration for compliance on 12 September 2018.
7. The bound date of this pamphlet for purposes of the cost of the services, tax rates, government taxes and the exchange rate is 3 December 2018.
2.4 Customers are therefore advised to regularly access the Website, above all before making a purchase, to view the most up-to-date version of the General Conditions of Sale.
3. THE EXECUTION OF THE CONTRACT
3.1 The Website periodically advertises Offers for Gardaland Hotels: these may not be modified or cancelled, other than the cancellation protection option.
3.2 The terms of the Special Offer, which are communicated to the Customer before making the purchase, as set forth by article 3.1, will prevail over these general terms. Please refer to the detailed information provided during the booking process.
3.3 These terms are not applicable to the sale of products and/or services by parties other than Gardaland Holidays S.r.l., including those present on the Website through links, banners or other hypertext links. Gardaland Holidays S.r.l. declines all and any liability for the services and products supplied and/or sold by such parties. Gardaland Holidays S.r.l. does not supervise and/or monitor the websites that may be reached via these links, and shall therefore not be liable for the content of such sites or for any errors, omissions or violations of the law by the same.
Gardaland Holidays S.r.l. advertises a large number of Holiday Packages and shall exert its best efforts to ensure that the price advertised is correct.
Italian Municipalities have the right to apply the Tourist Tax, and if this is not specified, it is not included in the rates shown by the price tables. If it is applied, it should be paid by the customer directly at the hotel. The Customer shall be solely responsible for paying these additional taxes.
When making the booking, the traveller may include the “Cancellation Protection” option at a cost of EUR 30.00, which covers cancellation of the booking up to 7 days before the arrival date; to obtain refund the traveller should send an e-mail to the Booking Office on: firstname.lastname@example.org. The Cancellation Protection fee is not refundable and is therefore in any case payable. If the booking is cancelled after this date the conditions specified by clause 9 hereunder will be applied.
The official classification of hotels is given in the catalogue or other advertising material only on the basis of the official information provided by competent authorities of the country where the service is provided. If there is no official classification recognised by the competent Public Authorities of the countries, including EU Member States, where the service is provided, the organiser reserves the right to provide its own description of the hotel in the catalogue or brochure so that the customer may evaluate the hotel and accept it if it is satisfactory.
DOCUMENTS REQUIRED AT CHECK-IN
Travellers should have:
No refund will be made for meals not taken by the Customer.
4. PURCHASES ON THE WEBSITE - Bookings
4.1 In order to complete the booking of the Holiday Package through the Website, the Customer should fill in an electronic order form which will be submitted directly to Gardaland Holidays S.r.l. after completing the step-by-step procedure on the website.
4.2 Before sending the form, the Customer will be asked to confirm the accuracy of the data entered and any errors may be corrected; should the system detect errors or omissions in the mandatory fields of the form, the Customer will receive a message asking it to fill in the required fields.
4.3 The Customer should ensure that the data entered in the different steps of the booking procedure are complete and correct, and that all the parties have confirmed that they are aware of and accept these General Conditions.
4.4 The Customer may now make the payment as described by clause 5 hereunder.
4.5 The order form will be used by Gardaland Holidays S.r.l. only to complete the purchase procedure and will be stored in a database.
5. PAYMENT - CONFIRMATION OF THE PURCHASE
5.1 For purchases completed directly on the Website, the total amount should be paid when the booking is made, by Visa, MasterCard, American Express, Diners or Paypal ™.
5.2 The total amount will be debited when the order is sent to complete the payment procedure.
5.3 If the payment authorisation is denied, Gardaland Holidays S.r.l. will be unable to confirm the purchase and shall not be liable for any delay or unsuccessful completion of the booking.
5.4 Once the transaction has been completed, the Customer will receive, within no more than 24 hours, confirmation that payment has been made and Gardaland Holidays S.r.l. will send the Customer an e-mail containing a personal confirmation voucher of the purchase giving a description of the package including the price, the payment method and a summary of the general conditions together with a link on which the above information may be viewed and printed.
5.5 It should be noted that the voucher is personal, and may not be duplicated or transferred (except as provided by clause 6.3 hereunder).
5.6 The Customer should check the documents it receives once the booking has been completed and, in the case of errors, should immediately contact the Booking Center on: email@example.com.
5.7 The contract may be executed in Italian, English, German, French and Russian.
5.8 Only persons over the age of 18 who declare to be in full possession of their faculties, may purchase Services from the Website.
5.9 Gardaland Holidays S.r.l. reserves the right to refuse or cancel orders made by (i) a user with whom a litigation proceeding is pending; (ii) a user who has previously violated these General Conditions and/or the conditions and/or terms of the Contract; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments, or ticket touting; (iv) a user who has issued false, fictitious, incomplete or otherwise inexact or in any case misleading identification details or the details of third parties or who do not send Gardaland Holidays S.r.l. the documents requested during the payment procedure, or send invalid documents.
6. MODIFICATIONS OR CANCELLATION AFTER PURCHASING A PACKAGE - SUBSTITUTIONS (ARTICLE 38 OF THE TL)
6.1 Customers who wish to modify services that have already been confirmed should immediately contact the Booking Office on: firstname.lastname@example.org or call +39 045 64 04 000.
The terms to modify or cancel the booking vary according to the type of package purchased. Reservations may be modified or cancelled only if during the purchase it is specified that this is permitted and only at the conditions established for the relevant booking as specified both during the purchase procedure and in the e-mail sent to confirm the booking.
6.2 If the Customer does not check in on the first night booked but intends to check-in after this date, it should confirm the modifications to the booking within the first arrival date originally booked to ensure that the booking is not cancelled. If the Customer does not confirm the modifications to the booking, the complete booking may be cancelled, without refund to the Customer.
6.3 The Customer may transfer the booking to a third party (hereinafter also referred to as the "transferee") who meets all the conditions for the use of the Package, with written notice to Gardaland Holidays S.r.l. within 4 business days before departure together with the full details of the transferee. The original customer and the transferee are in any case jointly liable for payment of the Package, including any applicable taxes and additional costs, and the modification fee.
6.4 Any modifications should be confirmed by Gardaland Holidays S.r.l. in writing, failing which the original booking is intended as unchanged.
6.5 Gardaland Holidays S.r.l. reserves the right, at its sole discretion, to make minor modifications to the conditions of the contract, with exception of the price. Such modifications should be communicated in a clear and accurate manner on durable media, such as an e-mail message. (ARTICLE 40 OF THE TL)
6.6 If prior to departure the Organiser modifies any of the main services of the tourist services provided by article 34 paragraph 1 (a) in a significant manner, or cannot satisfy the traveller’s specific requests, or intends to increase the price of the package by more than 8%, the traveller may accept the proposed modification or cancel the contract without paying the cancellation fees. If the traveler does not accept the proposed modifications provided by paragraph 1, the organiser may offer the traveller a replacement package of same or higher quality.
6.7 The Traveller should in any case communicate its decision to Gardaland Holidays S.r.l. within two days of receiving such notice.
6.8 If the Traveller decides not to accept either of the optional solutions offered by Gardaland Holidays S.r.l., the Traveller will in any case have the right to receive full refund of all and any payments made, without unjustified delay and in any case within 14 days from cancellation of the contract, unless the defect of conformity is attributable to:
(i) circumstances of force majeure and/or unforeseeable circumstances;
(ii) the traveller.
7. RESTRICTIONS AND LIABILITY
7.1 The Customer acknowledges and accepts that should there be any interruption or suspension of the Website, for any reason, Gardaland Holidays S.r.l. shall in no way be liable to the purchaser and/or third parties for non-use of the Website, whose continuity it does not guarantee; consequently, the Customer acknowledges and agrees that it shall not have the right to file any claim against Gardaland Holidays S.r.l. for indemnification and/or compensation for damages.
7.2 The Vouchers may not be used as prizes, within or outside the scope of application of Presidential Decree 430/2001 or of other prize-giving or promotional initiatives (such as, competitions or lotteries), except in the case of explicit prior written consent by Gardaland Holidays S.r.l.. The Customer declares that it will not use the Vouchers in breach of these provisions and undertakes to indemnify and hold Gardaland Holidays S.r.l. and Gardaland harmless from any damage caused by any breach of this guarantee.
8. FORCE MAJEURE
8.1 The Parties shall in any case not be liable to the other party for any losses, damage or delays caused by strikes, labour unrest, lockouts, unforeseeable circumstances, fire, regulatory compliance and legal provisions, government orders or regulations, insurrection, state of war or similar acts, natural forces, force majeure embargoes or any other circumstances beyond its reasonable control.
9. NO RIGHT TO CANCEL
9.1 Pursuant to article 55 paragraph 1, (b) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the right to cancel that protects the consumer in the case of contracts and distance contractual proposals or agreements not negotiated on the premises of sales offices (article 64 et sequitur) is not applicable if the operator, when concluding the contract, undertakes to provide the services on a specific date or in a specific period.
9.2 The Customer can therefore not exercise the right to cancel the purchase.
10. LIABILITY OF THE ORGANISER AND LIMITS OF COMPENSATION (ARTICLE 42 OF THE TL)
10.1 The organiser is liable for any damage caused to the consumer as a result of non-fulfilment in whole or in part of the services described by the contract, regardless of whether such damage is caused directly by the organizer or by third party service providers, unless the organiser is able to demonstrate that the event was caused by the consumer (including autonomous actions of the latter during the execution of the tourist services) or by unpredictable or inevitable third party events unrelated to the supply of the services provided by the contract, fortuitous events, force majeure, or circumstances that the organiser could not, with ordinary professional diligence, have reasonably foreseen or solved.
10.2 The organiser’s liability for compensation for personal injuries and the relevant statute of limitations, are governed by the provisions set forth herein, and shall in any case not exceed the limits established by the International Conventions governing the services made subject of the holiday package and by sections 1783 and 1784 of the Italian Civil Code, with the exception of injuries to persons not subject to a specific limit.
11. OBLIGATION TO PROVIDE ASSISTANCE (ARTICLE 45 OF THE TL)
11.1 Gardaland Holidays S.r.l. shall provide prompt and appropriate assistance to any traveler in difficulty, above all by providing information about health services, the local authorities and consular assistance and helping the traveler with distance communications or to find alternative tourist services.
11.2 The organiser may ask the traveller to pay a reasonable price for such assistance if the problem is caused intentionally by the traveller or for reasons attributable to the same, within the limits of the costs actually incurred.
12. RULES AND RESTRICTIONS OF THIRD-PARTY SUPPLIERS
12.1 When making up a Holiday Package, Gardaland Holidays S.r.l. collaborates with Third-Party Suppliers who provide different services, that are subject to the Conditions applied by such Third-Party Suppliers. The Customer should in any case read the specific Conditions and Limitations applicable to the different services before completing the booking.
13. ASSISTANCE TO CUSTOMERS
13.1 The Customer may request further information by contacting the Booking Office on:
- (+39) 045 64 04 000
14.1 Customers should submit claims to the Hotel or Gardaland Holidays S.r.l. without delay, and in any case within 10 working days from the date of returning to place of departure, in the case of inadequate services, lack of conformity or non-performance of the tourist services included in a package, in other words, claims relevant to the execution of the purchase contract. Gardaland Holidays S.r.l. will respond to claims by e-mail and/or phone within no more than 5 business days from the date in which the claim is received. (ARTICLE 44 OF THE TL)
14.2 Any claims for the loss and theft of or damage to luggage, clothes or personal accessories not under the supervision of the Customer during the stay should be made to the hotel.
Obligatory communication pursuant to article 17 of law no. 38/2006 - Italian law punishes crimes involving prostitution and child pornography with imprisonment, even if the crime is committed abroad.