LEGISLATIVE SOURCES

The sale of tourist packages that have as their object services to be provided both nationally and internationally is governed by:

• from articles 32 to 51 novies of Legislative Decree 23 May 2011, n. 79 ("Tourism Code");
• by the provisions of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), as compatible;
• until its repeal, and to the extent applicable, by the provisions of Law no. 1084/1977 of ratification and execution of the International Convention relating to the travel contract (CCV) signed in Brussels on 23.04.1970;
• by the provisions of the civil code on transport and mandate, as applicable.
  The provisions referred to in Title VI, Chapter I of Legislative Decree no. 79/2011 do not apply to:
  a) packages and related tourist services whose duration is less than 24 hours, unless an overnight stay is included;
  b) packages and related travel services purchased under a general agreement for the organization of travel of a professional nature concluded between a professional and another natural or legal person acting in the context of his own commercial, entrepreneurial, craft or professional.

DEFINITION "tourist package"

Pursuant to Article 33, Legislative Decree no. 79/2011, the tourist package consists of the combination of at least two different types of tourist services - for the purpose of the same trip or the same holiday

THE RESERVATION

The traveler, with prior notice given on a durable medium no later than seven days before the start of the package to DOLOMITES HOLIDAYS in the agency or by e-mail. The acceptance of the reservation will be considered valid only if the confirmation is immediately followed by a deposit equal to 30% of the total cost. The balance must be received no later than 15 days prior to departure. For bookings made within 14 days from the date of departure, the balance must be paid at the same time as the booking.
In the event that the deposit or the balance is not received within the agreed term, DOLOMITES HOLIDAYS will have the right to cancel the booking if necessary. All prices include service percentages and VAT. In the case of increases of the same, the quotas will be adjusted to the variations.

CHANGES REQUESTED BY THE CUSTOMER

Changes to reservations already accepted oblige the Organizer only to the extent that they can be satisfied. In any case, the request for modification involves the customer being charged for the higher costs incurred. The reduction of a considerable number of participants within a group will be considered partial cancellation, and is subject to the penalties indicated in art. Withdrawal.

CHANGES REQUIRED BY THE CUSTOMER AFTER HIS ARRIVAL AT THE HOTEL

Early departure with respect to the agreed departure date will be charged for the entire stay.

CHANGES AFTER THE DEPARTURE

If after departure the organizer cannot provide an essential part of the services contemplated in the contract, he will arrange alternative solutions, without price supplements, or, if the services provided are of lower value than those provided, he will refund the difference to the customer.

OBLIGATIONS OF PARTICIPANTS

Participants must have an individual passport or other document valid for all the countries covered by the itinerary as well as residence and transit visas and health certificates that may be required. They must comply with the rules of normal prudence and diligence and with all the information provided by the Organizer, as well as with the regulations and administrative or legislative provisions relating to the tourist package. Participants will be held liable for damages caused by failure to comply with the aforementioned obligations. The Customer is required to provide the Organizer with all documents, information and elements in his possession useful for exercising the right of subrogation against third parties responsible for the damage and is responsible to the Organizer for any damage caused to the right of subrogation.

WITHDRAWAL

The traveler can withdraw from the contract at any time before the start of the tourist package upon reimbursement to the organizer of the expenses incurred.
The package travel contract may provide for standard costs for withdrawal, calculated on the basis of the time of withdrawal from the contract.

30% of the participation fee for withdrawal up to 30 days from the departure date;
50% of the participation fee for withdrawal up to 20 days from the departure date;
75% of the participation fee for withdrawal up to 10 days from the departure date;
No refunds will be made after this deadline.

In the event of unavoidable and extraordinary circumstances (earthquakes, natural disasters, acts of terrorism, pandemics) occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract, before the start of the package, without paying withdrawal costs, and to full reimbursement of the payments made, but is not entitled to further compensation.

In case of purchase of day trips, if the same is not used, no refund will be made.

SUBSTITUTIONS AND EXCHANGE OF PRACTICE

The renouncing customer can be replaced by another person provided that:
a) the organizer is informed in writing at least 7 working days before the date set for departure, receiving at the same time communication about the transferee's personal details; b) the substitute satisfies all the conditions for the use of the service (Article 39 of the Tourist Code) and in particular the requirements relating to passport, visas, health certificates; c) the successor subject to reimburse the organizer for all the expenses incurred to proceed with the replacement in the amount of € 50. The transferor and the transferee are also jointly responsible for the payment of the balance of the price as well as the amounts referred to in letter c) of this article. In relation to some types of services, it may occur that a third party service provider does not accept the change in the name of the transferee, even if made within the term referred to in point a) above. The organizer will therefore not be responsible for any non-acceptance of the modification by third party service providers. This non-acceptance will be promptly communicated by the organizer to the interested parties before departure. The customer can also request the transfer to another holiday or to another date, provided that it is communicated to the organization at least 4 weeks before the holiday originally booked and against payment of a fee of € 50 per person.

COMPLAINTS AND COMPLAINTS

Any failure in the execution of the contract must be contested by the consumer without delay so that the organizer, his local representative or the accompanying person can promptly remedy it. The consumer must, under penalty of forfeiture, lodge a complaint by sending a registered letter with acknowledgment of receipt, to the organizer or to the seller, no later than 10 working days from the date of return to the place of departure.

LIABILITY REGIME

The organizer is liable for damages caused to the tourist due to the total or partial non-fulfillment of the contractually due services, whether they are performed by him personally or by third party service providers, unless he proves that the event is derived from the fact of the tourist (including initiatives autonomously taken by the latter in the course of the execution of the tourist services) or by the fact of a third party of an unforeseeable or inevitable nature, by circumstances unrelated to the provision of the services provided for in the contract, by chance, by force majeure, or from circumstances that the organizer himself could not reasonably foresee or resolve, according to professional diligence.

OBLIGATION OF ASSISTANCE

The organizer is required to provide assistance to the tourist according to the criterion of professional diligence with exclusive reference to the obligations to be borne by law or contract. The organizer and the intermediary are exonerated from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failure or incorrect execution of the contract is attributable to the tourist or has depended on the fact of an unpredictable or unavoidable third party, or it was caused by a fortuitous event or force majeure.

INSURANCE

To guarantee the exact performance of the activity as established by LR 33/2002, WILD in the DOLOMITI has stipulated a specific Professional RC Insurance Policy n. 166603804 of the UNIPOLSAI company of Rome.

GUARANTEE FUND

DOLOMITES HOLIDAYS is registered in the guarantee for insolvency or bankruptcy www.nobis.it with registered office in Borgata Torinese 10071 (TO) - Certificate / policy n. 6006002438 / U for the purposes of the provisions of art. 47 paragraph 3 and 49, Legislative Decree 79/2011 and ss. mm.

SETTLEMENT OF DISPUTES

Pursuant to the provisions of Article 67, paragraph 2, Legislative Decree no. 79/2011, the tourist has the right to resort to voluntary or joint negotiation procedures or the conciliation procedure before arbitration or conciliatory commissions for the resolution of disputes between companies and consumers and users concerning the provision of tourist services, established in terms of art. 2, paragraph 4, letter a) of Law no. 580/1993.
In the conciliation procedure, tourists have the right to use consumer associations. This conciliation procedure is governed by articles 140 and 141 of Legislative Decree no. 206/2005.

APPLICABLE LAW AND JURISDICTION

Italian law applies to these General Conditions, except as provided by the mandatory rules for the protection of the traveler and the consumer.
In the event that a dispute arises between the parties, the competent court will be that of the consumer's residence, if in Italy; otherwise, the JURISDICTION OF BELLUNO will be exclusively competent.
The itineraries may undergo variations due to technical and operational reasons not foreseeable at the time of programming. Some visits could be reversed or canceled, we will try, as far as possible, to keep the planned programs and services unchanged.
For technical and organizational reasons some trips may be subject to a change of date.

OBLIGATORY COMMUNICATION

Pursuant to article 16 of law 269 dated 03-08-1998, “the Italian law punishes crimes relating to prostitution and pornography with the penalty of imprisonment”.