Bedingungen

In these conditions the words

  • “Organiser” or “us” “our” or “we” means Melsinea Viaggi s.r.l.
  • “Client” or “Consumer” means You, the person who buys or agrees to buy the holiday or any person on whose behalf You agree to purchase the holiday and who is listed on the confirmation invoice or any other person to whom you transfer a holiday you have bought
  • “Supplier” means one of Melsinea Viaggi’s local partner

The following Booking Conditions are basis of your contract with us. Please read them carefully as they set out our respective rights and obligations

1. THE CONTRACT

1) SOURCES REGULATIONS

The sale of touristic package, whose object is to provide services in Italy and abroad, is governed - until its repeal in accordance with art. 3 of the Decree. N. 79 of 23 May 2011 (the "Code of Tourism") - by Law 27/12/1977 nr. 1084 of ratification and implementation of the International Convention on Travel Contracts (CC V) signed in Brussels on 23.4.1970, as well as applicable by the Tourism Code (art. 32 to 51), as amended

2) DEFINITION OF PACKAGE HOLIDAY

Under Article. 34 Cod. Tur. tourist packages include travel, holidays and "all inclusive" tours, tourist cruises, resulting from the combination by anyone and in any way of at least two of the following elements, sold or offered for sale at one unique price,

  1. transport;
  2. accommodation;
  3. tourist services not ancillary to transport or accommodation (omitted) ....... constituting, for the satisfaction of recreational needs of tourists, a significant part of the "package".

3) COMPULSORY INFORMATION - TECHNICAL

Technical organization of Melsinea Travel LTD Via Gardesana, 129 /131 - VAT: 02155620236 Lic. N. 28/2002 of 29/04/2002 - Insurance. Europ Assistance n. 16806

  1. No contract shall arise until you ask for your booking to be confirmed. By asking us to confirm your booking, you are accepting these terms and conditions contained herein the “Terms and Conditions”. A booking is confirmed when you receive our confirmation email.
  2. We reserve the right to terminate the contract if your behaviour or conduct either prior to or during a holiday is likely to endanger the safety or wellbeing of other clients or that of yourself and the cancellation charges as provided for in Clause 3 of these terms and conditions are payable by the consumer.
  3. Minimum Age: Any passenger who is under 18 years at date of departure (a minor) must be accompanied by an adult (over 18 years of age on date of departure) and will not be permitted to travel in circumstances where the minor is not accompanied by an adult (over 18 years of age on date of departure) and in such circumstances 100% cancellation charges will apply.
  4. a binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. We both agree that Italian Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Italian court only.

2. MAKING YOUR BOOKING

The person making the booking (“the party leader”) must be at least 18 and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking. By making the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to us.

Once we have received your booking and all appropriate payments, we will confirm your holiday by issuing a confirmation email. This email will be sent to the party leader. Please check this email carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within five days of our sending it out.

3. PERSONS WITH SPECIAL NEEDS

It is your responsibility to advises us of any physical or mental condition of a member of your party which may be relevant. We cannot accept liability for the unsuitability of any holiday where you fail to disclose any of the relevant information above. We reserve the right to decline to provide a holiday for a person with special needs where in the our opinion that holiday would be inconsistent with those special needs.

4. PAYMENT AND CANCELLATION CHARGES

In order to confirm your chosen holiday, we require immediate full payment of the package.

If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as cancelled.

If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser and is only effective when it is received in writing by us at our offices) the following cancellation charges are payable by the Consumer:

  • Up to 4 weeks prior to departure, the cancellation fee will amount to 50 % of the cost of the holiday.
  • Within 3 weeks of departure, 75% of the cost of the holiday is forfeited.
  • Within 2 weeks of departure, 100% of the cost of the holiday is forfeited.

All cancellation charges apply to each person covered by a booking. Any insurance premium payable is not refundable.

If a client does not present himself for whatever reason, including delays in transportation, breakdowns or personal reasons of any kind, or if he does not have the necessary requisites purposely indicated for each activity, he will lose the right to enjoy the activity booked, and he will not be entitled to any refund whatsoever.

5. SUBSTITUTION

  1. Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given the Organiser five weeks notice in writing of his intention to do so before the departure date. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such request. The transferee of the Consumer must sign a booking form and comply with any other requirements of the Organiser applicable to the holiday.
  2. A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser or Retailer for payment of any balance due in respect of the package and for a substitution fee of EU30 per person substituted (or such other greater sum as may be authorised). Insurance is not transferable.

If the consumer fails to comply with these requirements, the Organizer reserves the right to cancel the holiday and the cancellation charges, as defined by Comma3, are borne by the consumer.

6. ALTERATION BY THE CONSUMER

If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may do so at its discretion, if practicable, to facilitate that change. A request for alteration must be in writing and must be accompanied by the ‘admistration fee’ of € 30 per person which payment is not refundable. If the alteration is impractical the original holiday arrangement shall continue to apply.

If only some of the consumers booked request a change, which is found to be practical, a price adjustment for all consumers on the same booking may be payable and must be discharged on the date shown on the Organiser’s written confirmation of such change. If default is made by the Consumer in complying with foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with clause 7c and the cancellation charges as provided for in clause 3 are payable by the Consumer.

7. ALTERATION / CANCELLATIONS BY THE ORGANISER

We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors both before and after bookings have been confirmed and cancel confirmed bookings as a result of circumstances outside our control/”force majeure” as defined in clause 9 below.

Here is a list of the possible alterations that you might have to face:

Change of accomodation

Most changes are minor. Occasionally, we have to make a “significant change”. “Significant changes” include the following changes when made before departure; a change of accommodation to that of the same official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away.

Change of the itinerary of your holiday

Involves a significant change of itinerary missing out one or more activities.

Force Majeure

The term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser or the supplier of services, even with all due care, could not foresee or forestall. It includes Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, terrorism, civil commotion exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment,mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.

Cancellation of the holiday or alteration of accomodation or resort area

If prior to the time of departure there is a cancellation, or a major change like the ones listed above, such as a change of resort area, or a change of accommodation to a lower rating, the organiser shall, if practical, offer an alternative comparable holiday of at least similar standard or shall refund the consumer all monies paid.

Unless within 7 days of issue of the offer of an alternative holiday it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of the payment made.

Where the Organiser makes a major change in the holiday, the Consumer shall be entitled to receive compensation in accordance to the scale set out .No compensation shall be payable where the alteration is for reasons of force Majeure.

Notification Period for Compensation to Departure Date per room

  • Within 4 weeks €25
  • Within 2 weeks €40

Cancellation or alteration of the itinerary/activities included in the holiday

The Organiser also reserves the right to change the days of the activities without modifying the contents of the package in the event of the activity not taking place in full safety for reasons for “force Majeure” as in the case of adverse weather conditions or any other reason.

In this case the Organiser shall offer the Client the alternative to enjoy the activity at a later date /different time during their stay or if this is not possible to benefit from a comparable activity of a similar standard.

Only in the event that the activity cannot be replaced clients will be entitled to receive a refund limited to the value of the missed activity, which must be claimed from our office or via e-mail within 7 days of the end of the holiday.

8. INSURANCE

We strongly recommend that you buy and subscribe insurance, which you can purchase on this website (will be soon available) or otherwise make your own arrangements.

It is completely at your discretion whether you choose the organiser's insurance or that offered by your travel agent or make your own arrangements.

If you decide not to purchase travel insurance from our preferred provider, you must ensure that any alternative insurance provides adequate medical cover, cancellation cover, and activity cover; please note that not all insurance policies may offer cover for the sort of activities you may be taking part in during your holiday.

Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies.

9. PRICE

The prices of the packages that appear on this website are expressed in Euro and are calculated as follows:

  • Considering the hotel rates for the month of April 2015;
  • Using fuel parameter indicated in the catalog reference.

These may be amended up to 20 days prior to departure and only as a result of changes in:

  • Transportation costs, including the cost of fuel and insurance policies;
  • The exchange rates applied to the package in question;
  • Rights and taxes on certain types of tourist services such as taxes, landing fees, landing or boarding in ports and airports.

10. CLIENTS RESPONSIBILITIES

You are responsible for the validity of your travel documents. Please check that your passports, visas (where relevant) and that same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation or entry in the foreing country either as a consequence of the Consumer failing to have their travel documentation or same not being in order.

You have to check that the confirmation email we send you is correct; if you notice any incorrectness, you have to notify us your concern and we shall respond as soon as possible.

You are responsible for your behaviour, which must comply with all instructions given by our staff or our partner’s staff for your safety, wellbeing and enjoyment. You agree to indemnify us against any loss or injury suffered or incurred by any other person as a consequence of your failure to act in accordance with any such direction or instruction.

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.

You are responsible for your behaviour; as our activities can be carried out with other people, we want our clients to have consideration for them. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned and the relevant person in authority (for example the activity provider) can prevent that person(s) from taking part in the activity(ies) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service or activity area (as applicable). We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination or prevention from taking part in the activity(ies) concerned.

You are responsible of your own physical and mental condition: The client can be asked by the Organiser and by the Service Provider to sign a certificate of good health and/or sign a responsability waiver for damages caused by his unfitness and/or non-fulfilment of the instructions.

It is the Clients sole responsability to check limitations/requisities necessary for taking part to the activity/courses. We the Organisers decline all responsability for damages/injury/accident/loss to the client caused by his own failure to comply with the instructions received.

11. CONDITIONS OF SUPPLIERS

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see clause 10 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

Please note that the activities in some cases will be shared with other clients.

12. OUR LIABILITY TO YOU

  1. The holidays we provide have been planned carefully by us and by our partners; for this reasons, we believe that they can be performed with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer personal injury because your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
  2. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
    • the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
    • the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
    • ‘force majeure’ as defined in clause 7c above
  3. Please note, we will not accept any responsibility for any services which do not form part of our contract and / or have been booked directly by you.
  4. Please also note that we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
  5. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of your country which would have applied had those services been provided abroad.
  6. Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, and our partner agrees to indemnify you for your claim, before making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
  7. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
  8. You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

12. COMPLAINTS AND PROBLEMS

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our staff and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly.

If you remain dissatisfied, however, you must write to us within 7 days of your return home giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.

In this regard, The tourist must - on pain of forfeiture - notify the complaint by sending a registered letter with acknowledgment of receipt, via the certified email system, to the organizer or to the intermediary no later than ten working days from the date of return to the place of departure.