Holiday package general conditions of sale by Pagus Wine Tours S.A.S
These general conditions regulate the sale of holiday packages by Pagus Wine Tours SAS. They form an integral part of the travel contract, together with the description of the holiday package (which is contained on the website www.valpolicellawinetours.com, or in the separate travel program), the booking confirmation of the services requested by the traveler and the documents referred to in art. 36 paragraph 8 of the Tourism Code.
By signing the purchase proposal of the holiday package, the traveler expressly declares that he has understood and accepted, the travel contract, the warnings and the present general conditions as regulated therein, for himself and for the subjects he requests the all-inclusive service for.
The sale of holiday packages, whether the related services are provided in Italy or abroad, is regulated by the articles 32-51 novies of the Legislative Decree no. 79 of 23 May 2011 (the so-called “Tourism Code”, hereinafter CdT), as currently amended by the Legislative Decree no. 62 of 06 June 2018 which implements the European Directive n. 2015/2302, as well as the provisions of the Civil Code regarding transport, service contract and mandate, as applicable, and by the Navigation Code (Royal Decree n. 327 dated 30 March 1942)
For the purpose of this contract
a) Traveler means any person who intends to conclude/ enter into a contract or any person who is entitled to travel on the basis of a contract of organized tourism.
b) Organizer is Pagus Wine Tours S.A.S. (hereinafter “Pagus”), a tourism company that carries out travel and tourism agency activities, in accordance with the attachment 1/4 of the CdT. Pagus arranges food and wine tours on the territory of Verona and neighboring provinces, using its own means of transport. It also offers a service of transporting people and a tourist guide service to its users.
Pagus carries out its activity under the authorization issued by the Province of Verona no. 1593/13 of 8 April 2013. | Insurance policy No. 63150248-RC16 with Europaische Reiseversicherung AG | Insurance policy No. 6006002480 / K with Nobis Compagnia di Assicurazioni S.p.A.
The contacts of Pagus are as follows:
Address: Via San Giuseppe, 18 – 37123 Verona – Italy
Telephone: +39 327 796 5380
c) Holiday package is the combination of at least two different types of tourist services valid for the same trip or holiday and combined by a single professional, which allows the traveler to choose between different types of tourist services available on the website www.valpolicellawinetours.com.
d) General Conditions are the following contractual conditions that apply to all holiday packages sold by Pagus.
2. Pre-contractual information to the traveler
1.Before the conclusion of the package travel contract, the Organizer will provide the Traveler with the relevant Form and the following information:
a) the main characteristics of tourist services, such as:
1) the destination or destinations of the trip, the itinerary and the period of stay with relative dates and, if accommodation is included, the number of nights included;
2) the means, the characteristics and the categories of transport, the places, the dates and times of departure and return, the duration and the intermediate stop location and the connections. If the exact time has not been established yet, the Organizer will inform the traveler about the approximate time of departure and return;
3) the location, the main features and, where applicable, the tourist category of accommodation according to the regulation of the destination country; 4) provided meals;
5) visits, excursions or other services included in the total price of the package;
6) tourist services provided to the Traveler as a member of a group and, in this case, the approximate size of the group;
7) the language
8) the suitability of the holiday for persons with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation taking into account the needs of the traveler;
b) the trade name and geographical address of the Organizer, his telephone numbers and e-mail addresses;
c) the total price of the package including taxes, fees, duties and other additional costs;
d) the terms of payment, including any amount or percentage of the price which has to be paid as deposit and the calendar for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
f) general information concerning the conditions regarding passports and visas;
g) information on the right of the traveler to withdraw from the contract at any time before the beginning of the holiday upon payment of adequate withdrawal fees, or, if provided, of the standard withdrawal costs required by the organizer in accordance with the Article 41 , paragraph 1, CdT;
h) information on the optional or obligatory subscription of an insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the assistance costs, including the return, in the event of accident, illness or death;
i) the details of the coverage pursuant to article 47, paragraphs 1, 2 and 3, CdT. Insurance policy No. 6006002480 / K with Nobis Compagnia di Assicurazioni S.p.A.
3.1 The purchase proposal of the holiday package has to be written on a specific contract form, which is forwarded to the Traveler once the booking request has been received through the website www.valpolicellawinetours.com. It has to be returned signed by e-mail or fax for confirmation of the reservation and subsequently hand-delivered in original.
3.2 The information relative to the holiday package not specified in the contractual documents, in the brochures or in other written communication means, are provided by the Organizer, in regular fulfillment of the obligations provided for by art. 36, paragraph 8, CdT, before the beginning of the trip.
3.3 Special requests regarding the provision and the performance of certain services that are part of the holiday package, including the need for assistance for people with reduced mobility and the request for special meals have to be made at the time of booking and they have to be the subject of a specific agreement between Traveler and Organizer
4. Price and payments
4.1 The price of the Service is available on the website www.valpolicellawinetours.com and varies depending on the choice of the Traveler. If the price of the Service changes after the forwarding of the booking by the Traveler as set forth in art. 3, Pagus will inform the Traveler according to the provision of the following art. 5.
4.2 The payment of the Service will be made as follows: payment of 30% of the total price, as deposit, at the moment of reservation.
4.3 The balance has to be paid to Pagus within 7 days before the date set for the performance of the Service.
4.4 The missed payment of the above amounts on the established dates is an expressed cause for termination of the contract with consequent right for Pagus to withhold the deposit.
4.5 Notwithstanding the provisions of the previous paragraph, in case of a group booking of two or more people, the entire price of the service has to be paid at the moment of reservation.
5. Change reservation or Cancellation of the reservation
5.1 If the Organizer has to cancel or significantly modify one or more elements of the Service before departure, or if the price suffers an increase or decrease of more than 8%, Pagus will immediately give written notice to the Traveler.
5.2 Price increases are only possible because of changes concerning:
a) the price of passenger transport based on the cost of fuel or other energy sources;
b) taxes or duties on tourist services included in the contract imposed by third parties, which are not directly involved in the performance of the service;
c) exchange rates relevant to the package.
5.3 If the price decrease is higher than the aforementioned percentage, the Traveler is entitled to the corresponding price reduction
5.4 In the cases referred to in point 5.2, the Organizer will send a written notice to the Traveler, at least 20 days before the beginning of the holiday, indicating the type of modification and / or the change in the price and communicating that the Traveler has 15 days available of time to decide to:
a) Accept the modification of the Service;
b) Withdraw from the contract;
c) Change the Service for another one with the same or better value and characteristics on a different date. The Traveler has the right to change the service for a one with a lower value, but in this case the difference in price will be refunded.
5.5 If the Traveler within a maximum of 15 days from the notification does not reject the modification referred to in paragraph 2, it is considered accepted.
6. Withdrawal of the Traveler
6.1 The Traveler may withdraw from the contract in the following cases:
a) without justification within 5 days from the date of conclusion of the contract or from the date on which it receives the contractual conditions and the preliminary information, pursuant to art. 41, CdT
b) in the event of modifications or changes of the Service in accordance with the provisions of art. 5.
In the cases mentioned above, the Traveler is entitled to a refund of the deposit, pursuant to art. 4.2, within 14 days from the moment in which the Organizer receives the notice of withdrawal.
6.2 With the exception of the aforementioned hypotheses, if the Traveler withdraws from the contract, the deposit pursuant to art. 4.2 as well as the following penalties will be charged to the Traveler:
– Between 14 and 8 days before the scheduled service date: 25% of the price;
– Between 7 and 4 days before the scheduled service date: 50% of the price;
– With less than 4-day notice before the scheduled service date: 100% of the price.
7. Withdrawal of the Organizer
7.2 The Organizer may withdraw from the contract and offer the Traveler full reimbursement of the payments made for the holiday package. However, it is not required to pay an additional compensation if:
a) the number of people registered in the package is less than the minimum required by the contract and the Organizer communicates its withdrawal to the traveler by the deadline set in the contract and in any case no later than:
20 days before the beginning of the holiday in case of trips lasting more than 6 days,
7 days before the beginning of the holiday in case of journeys lasting between 2 and 6 days,
48 hours before the beginning of the holiday in case of journeys lasting less than 2 days;
b) the Organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from it to the Traveler without unjustified delay before the beginning of the holiday
8.1 The renouncing Traveler may be replaced by another person provided that:
a) the Organizer is informed in writing at least 7 working days before the date set for the provision of the Service, receiving at the same time notification of the transferee’s personal details;
b) the transferee satisfies all the conditions for the use of the Service (ex art. 38 CdT.) and in particular the requirements related to passport, visas, health certificates.
8.2 The transferor and the transferee are jointly liable for the payment of the balance of the price and of any rights, taxes and other additional costs, including any administrative and management fees, resulting from this transfer.
9. Obligations of the Traveler
9.1 The Traveler has to inform the Organizer of his own nationality and, at the time of use of the Service, he has to assure he is in possession of a passport, identity card or other suitable identification document according to Italian law.
9.2 The Traveler has to comply with the rules of normal prudence and diligence, as well as with all the information provided by the Organizer.
9.3 Travelers are responsible for all damages that the Organizer or third parties may suffer as a result of failure to comply with the above-mentioned obligations as well as any other damage caused by the Traveler in the use of the Service.
9.4 The Organizer that has granted a compensation or a price reduction, or paid compensation for the damage or has been forced to comply with other obligations prescribed by the Law, has the right of recourse against the subjects who have contributed to the occurrence of the circumstances/ event from which the indemnity, price reduction, compensation for damages or the other obligations in question were derived. The organizer has the same right of recourse against the subjects required to provide assistance and accommodation services under other provisions, in the event that the Traveler cannot return to the place of departure.
The Organizer that has compensated the traveler is subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards the responsible third parties; the Traveler must provide the Organizer with all the documents, information and elements in his possession that are useful for exercising the right of subrogation.
9.5 The Traveler, at the moment of reservation, will also give written communication to the Organizer of the personal requests that may form the subject of specific agreements on the travel arrangements, provided that they can be implemented.
9.6 The Traveler has to inform the Organizer of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) and to specify explicitly the request for related personalized services. The Organizer reserves the right not to accept the reservation in the event that the Service cannot be performed in compliance with the aforementioned requirements. This will not lead to any reimbursement or compensation for the Traveler, except for the return of any sum anticipated referred to in art. 4.2.
10. Organizer liability regime
10.1 The Organizer is required to assist the Traveler according to the criterion of professional diligence with exclusive reference to its obligations, deriving from the law or the contract. The Organizer may demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveler or his fault, within the limits of the costs actually incurred.
10.2 The Organizer is liable for damages caused to the Traveler due to the total or partial non-performance of the contractually due services, whether they are performed by itself or by third party service providers, unless it proves that the event is derived from the action of the Traveler (including initiatives taken autonomously during the execution of tourist services) or by the action of a third party of an unforeseeable or unavoidable nature, by circumstances unrelated to the provision of the services provided for in the contract, by chance or by force majeure, or from circumstances that the Organizer himself could not, reasonably foresee or resolve, according to professional diligence.
10.3 The Organizer is not liable for damages caused to the Traveler by third parties that are not Pagus employees or by things that are not in the control or management of Pagus. Similarly, the Traveler is directly responsible for damage to things, persons, or himself, deriving from his own conduct during the use of the Service. Furthermore, the Organizer is not responsible for loss or damage to assets owned by the Traveler, if the event has not been caused by the Organizer or by its staff for intent or gross negligence.
10.4 In general, the Organizer is exempt from its own responsibility, when the failure or inexact execution of the contract is attributable to the Traveler or has depended on the action of a third party of an unforeseeable or inevitable nature, or was caused by a fortuitous event or force majeure.
11. Recalls and Complains
11.1 In accordance with the articles 1175 and 1375 of the Civil Code, any failure in the execution of the contract has to be contested by the Traveler during the trip by timely presentation of a complaint, so that the Organizer or the tour guide can check the value of what the Traveler state.
11.2 The Traveler must also – under penalty of forfeiture – make a complaint by sending a registered mail, fax or PEC to the Organizer’s address to the location of departure, no later than 10 working days from the date of return.
11.3 If one of the tourist services is not performed as stipulated in the holiday package contract, the Traveler remedies the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organizer does not remedy the defect within a reasonable time, the Traveler is entitled to a price reduction or to withdraw from the contract.
11.4 If, due to circumstances not attributable to the Organizer, it is impossible to provide a substantial part, by value or quality, of the combination of the tourist services agreed in the holiday package contract, the Organizer offers, at no additional cost for the Traveler, adequate alternative solutions of quality, where possible equivalent or higher, than those specified in the contract, so that the holiday package is performed. If the alternative solutions proposed involve a package of lower quality than that specified in the holiday package contract, the Organizer will grant the Traveler an adequate price reduction.
11.5 The Traveler can reject the alternative solutions proposed only if they are not comparable to what was agreed in the contract or if the reduction in the price is inadequate.
12 Compensation Limits
12.1 If the Organizer has to respond for any damage or defaults, any compensation arising from the ascertainment of its liability may not exceed three times the total price of the package purchased, pursuant to art. 43, paragraph 5 of Legislative Decree 79/2011
12.2 The right to compensation for personal injury lapses in three years starting from the date of return of the Traveler 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.
13 Court of Jurisdiction
Except as provided for by Legislative Decree 206/2005, if there is no application, any dispute arising from the performance or interpretation of this contract is decided by applying Italian law and any consequent judgment has to be submitted to the Court of Verona (Italy).