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Terms and Conditions
1. Subject matter and scope
1.1. These General Conditions constitute, together with the material available on the website CharmingPuglia.com, the conditions of use and fruition of the services provided by Destination Italia S.p.A. ("the Service"). Destination Italia S.p.A. operates primarily on the Internet providing its customers with diverse offers of travel services offered by tour operators or thirds person or entities. These Terms and Conditions further apply to any possible additional or optional services.
1.2. For the purposes of this agreement, "Customer" will refer to the person or entity that requests, for himself or for others, the provision of travel services offered on the site CharmingPuglia.com through Destination Italia S.p.A.. The term "Services" shall be used for, but will not be limited to, the booking and buying of services with regards to the stay at an accommodation of any kind, including suplementary or complementary services, such as holiday homes, hotels, resorts, residences, bed and breakfasts and farms (agriturismo); the purchase of airline tickets using the links to the websites of the airlines presented on the site; the booking and the purchase of car rental or boat and ship hire; the booking and purchasing of concert, performance and/or other entertainment and/or event tickets; the booking and purchase of day trips.
2. Legislative framework
2.1 The purchase of a service or an all expense tour through the intermediary Destination Italia S.p.A. determines the allocation of a direct, contractual relationship between the customer (tourist) and the operator, person or entity (organizer - tour operator), that offers the tourist service using the site CharmingPuglia.com for promotional purposes. This contract is governed by the rules and conditions of each single vendor. The Customer thus acknowledges and agrees that the sale of package tours and accommodation services may be advertised on the website CharmingPuglia.com and is therefore not offered by the intermediary itself, but by third parties, and is therefore governed by the terms of sale applied by the third party supplier of the tourist package.
2.2 The contract between Destination Italia S.p.A. and the customer is governed not only by the agreements contained in this contract of terms and conditions, which is included in the travel documents delivered to the customer, but also by the legislative decree of May 23rd 2011, 79 (the “Tourist Code”). The customer and Destination Italia S.p.A. declare and acknowledge that the agreement contained in these terms and conditions is related to the sale of tourist services or tour packages, carried out through the activity of the company Destination Italia S.p.A.. The Customer agrees and acknowledges that he had independently discovered the website CharmingPuglia.com and the services which are object of interest, and has therefore requested, from the intermediary Destination Italia S.p.A., the purchase of individual, pre-chosen services in order to independently organize the holiday. The contractor also gives note that it is possible to choose from a variety of tourist services from the CharmingPuglia.com website, with regards to accommodation and transportation and, therefore, the required and selected services have been independently chosen, without adhering to any pre-arranged combination of tourist services regarding transportation, accommodation and/or tourist services that are not ancillary to transport and accommodation, appropriate to set up a tourist package in accordance with local regulations.
3. Requesting Services - Reservations
3.1 The Service is provided by Destination Italia S.p.A. for the personal and exclusive use of the client and for purposes related to the provision of tourism services advertised through the website www.CharmingPuglia.com. The Intermediary Destination Italia S.p.A. is committed to make every reasonable effort to ensure that the information contained on the Website CharmingPuglia.com with regards to the services is accurate and current. However, as the indicated data is indicated by third party suppliers of the particular individual service, in any case, the intermediary shall not be held responsible for the accuracy and truthfulness of the information provided and assumes no responsibility as to guarantee the actual availability and quality of services offered by third parties operators.
3.2 The electronically requested tourist services ("on-line"), to all intents and purposes, are offered for sale in Italy and their contracts have been concluded in Italy; particularly this contract is considered to be perfected in Nuoro at the moment in which Destination Italia S.p.A. receives notice of acceptance of the proposal for a contract of sale of a tourist service by the contractor. The acceptance will be communicated:
- by returning the contract signed by the contract partner;
- by sending an e-mail to the email address booking[at]CharmingPuglia.com, enclosing the above-mentioned contract proposal and the declaration of its acceptance by the contractor;
- by pressing the virtual buy-button on the website CharmingPuglia.com (point and click). The effectiveness of the contract is in any case subject to the availability of the requested tourist service as well as subject to the precondition of payment by the contractor, further referred to in article 4.2.
3.3 In order to access the services offered by Destination Italia S.p.A. the customer is obliged fill in the electronic or the hard copy booking form, accept these Terms and Conditions and give consent to the processing of personal data. The customer assumes full responsibility for the accuracy and truthfulness of the data provided, and agrees to update the data in any case of change, keeping Destination Italia S.p.A. free of any harm or damage or loss arising from the provision of inaccurate or untruthful information. Destination Italia S.p.A. has the right, in its sole discretion, not to accept the request and not to process the request or the requested services.
4. Economic conditions
4.1. The customer is obliged to pay Destination Italia S.p.A. the amount required for the activation and the use of the required services, in the way and according to the economic conditions mentioned on the website. Where requiring the activation or the change of chargeable services, upon the request, the client must provide the chosen method of payment and the necessary data with accuracy and completeness. The paid sums are non-refundable, except in the cases expressly provided in these Terms and Conditions. The economic conditions of the individual tourist services, as well as the existence of any other possible charges to be paid by the customer, are listed on the website CharmingPuglia.com. The price of the individual services can change up to 20 days prior to departure, however only in dependence of changes with regards to: transportation costs, including the cost of fuel, duties and taxes required on certain types of tourist services such as fees, landing fees, embarkation or disembarkation taxes at ports and airports, and concerning the package, applied exchange rates, tourist taxes. These changes might refer to a change of exchange rate and a change of cost after the date of publication of the program or to a case of update as stated above.
4.2. The Customer, unless otherwise agreed in writing form between the parties, must pay a deposit of 30% of the total price of the requested service, subject of this contract.
This amount shall be paid in the following alternative ways:
a) at the moment of the acceptance of the summarised proposal of the requested services. The balance must be paid within the period, as considered essential in the interests of Destination Italia S.p.A., of 31 (thirty-one) days before the date of commencement of the requested tourist service (arrival in Puglia, hotel stay etc.). For bookings made at a later date than the dates mentioned above, the full amount must be paid at time of booking. Failure by the Customer to pay for the respective periods makes it impossible to fulfil the request and leads to an automatic termination of the contract due to the fault of the contractor. It is understood that in this case, the company Destination Italia S.p.A., in the interests of the suppliers of the required services, is explicitly authorized by the Customer to retain the amounts received as advance of payment as a penalty for expenses and losses; it is however subject to right, to obtain compensation for any further damage;
b) the Customer, at the time of booking, including online booking, provides the details for a credit card valid in his name as stated on the card, to guarantee the payment of the fee payable for services provided by Destination Italia S.p.A.. The aforementioned credit card will be used solely to charge fees and any other penalties provided for in the event of no show or cancellation received by the intermediary over the cancellation schedule. In all other cases, the contractor shall pay the balance of the service directly to the supplier (hotel, etc..)
4.3 In case of non-payment of a part or of all of the fees, Destination Italia S.p.A. has the right not to proceed with the reservation and/or the required service or, if already in process, to suspend bookings and charge the customer interest on arrears to the maximum extent permitted by law.
5. Withdrawal - Changes or Cancellations
The Customer is entitled to terminate the contract with or without the application of penalties in accordance with the following provisions.
5.1 Withdrawal without penalty. The customer has the right to terminate the contract without the payment of penalties in the following cases:
- increase in the expected price of the booked services of more than 10% compared to the price originally stated;
- significant modification of one or more elements of the contract objectively seen as essential to the fruition of the tourist service offered by the intermediary Destination Italia S.p.A., which occurred following the conclusion of the contract, but before leaving and have not been accepted by the contractor.
In the cases mentioned above, the contractor has the alternative right to:
- take advantage of a similar alternative tourist service at no extra cost, or the refund of the price, if the tourist service offered as a replacement has a lower value than the first;
- a refund of the sole amount already paid. The refund must be made within seven working days of receipt of the request for reimbursement.
The Customer has to give notice of his decision (to accept the change or to withdraw) no later than two working days from the moment on in which he received the notice of an increase or modification. In the absence of expressing the notice within the above stated time limit, the proposal made by the Company Destination Italia S.p.A. is deemed accepted without reserve.
5.2 Termination with charges. The contractor has the right to terminate the contract before the fruition of the purchased tourist service through the Intermediary Destination Italia S.p.A. upon payment of the penalty charges provided by the operator in addition to fees and expenses occurring through the cancellation of services.
The same penalty charges will also apply in the event that the contractor or one of the other persons mentioned in this contract, could not take advantage of the tourist service due to the lack or irregularity of the expected personal documents of identity or travel abroad.
No refund will be due to the contractor or any of the other persons referred to in this contract that decide to terminate the already started trip or stay. Any refund of the sums paid by the contractor will be arranged according to the rules and laws that apply to each service provider and the timing of repayments will depend exclusively on the individual suppliers. It also has to be stated that the cancellation policy and related penalties may vary depending on the service and the time of purchase and that, in any case, these will be communicated to the client before purchasing the service.
The calculation of penalty charges does not include the day of the withdrawal, the disclosure of which must be received on a working day (Monday to Friday from 9.00am 7.00pm), neither the first day of travel.
In the event that, prior to departure, the intermediary Destination Italia S.p.A. communicates in written form of the impossibility to enjoy the booked tourist service, the Client and/or other individuals designated as beneficiaries or users of the service will be entitled to use another similar tourist service of equivalent or superior quality at no extra cost, or a lower quality tourist service with a refund of the price difference, or a refund, made within the seven days of time upon the withdrawal or cancellation request of the contractor in the amount of money already paid, provided that the cancellation does by fact not depend on his part.
6.1 The Customer or any of the other individuals designated as beneficiaries or users of the service, consistent with the needs of the individual tourist service provider, have the right to be represented by another person at the following conditions: a) Destination Italia S.p.A. must be informed in written form of the replacement, until 4 working days before the date set for departure, at the same time receiving communication of the general information/details of the person who will benefit from the tourism services instead; b) There are no reasons relating to identification documents, passports, visas, health certificates, travel tickets or other impediments that render it impossible to use the package by a person other than the renouncing client; c) The subject takes responsibility for all expenses that arise from the replacement. The renouncing customer is also bound to the person solely who is beneficial of the replacement, with regards to the payment of the due balance and the costs referred to in point c) of this article. The Intermediary Destination Italia S.p.A. will not be responsible for any failure to accept the modification by third party service providers. This lack of acceptance will be communicated to the persons concerned by Destination Italia S.p.A. before departure.
7. Obligations of the Client - Communication pursuant to art. 16 of law 269/98
7.1 The Customer and the other persons who will benefit from the tourist service are required to obtain an identity card or individual passport (or any other valid document for travel abroad) valid for the country of destination and, if required, a health certificate. They must also follow the rules of prudence and diligence, as well as the specific rules in force in the place where they will enjoy the tourist service. Destination Italia S.p.A. cannot be held responsible for any adverse consequences incurred to the Customer due to the lack and/or irregularities of identity documents, travel tickets and accommodation or for the violation of regulations in force in the country of transit or destination.
7.2 The Customer acknowledges and declares to be aware that the Italian law punishes with imprisonment for crimes related to child prostitution and pornography, even if they are committed abroad.
8. Limitation of Liability
8.1 In relation to the booking or purchase of the Services described on the website and within the information material, the Company Destination Italia S.p.A. acts as an intermediary and with reference to the assumed obligations under this contract, shall only be liable for the obligations arising from the aforesaid quality in accordance with the applicable standards and, however, only in the event that the contractor proves that the behavior in the choice of the provider of the tourism services in question was grossly negligent. The compensation for the damage suffered by the Customer and/or other persons designated as beneficiaries and/or users of the service in relation to the failure of the Intermediary in case of purchase of travel services, is governed by the provisions and limitations contained in the International Convention of the above indicated travel contract.
8.2 The Customer acknowledges and accepts that the access to and the function of the requested service, the search service and the on-line booking service of tourist services, depends on the technical and organizational availability of Destination Italia S.p.A., and that the company is in no way responsible for any inconvenience, delay or malfunction related to the Service. The Customer acknowledges and agrees that Destination Italia S.p.A., for the provision of services offered on the web, makes use of electronic communication networks and e-mail systems provided by third party telecom operators and is not responsible for interruption or malfunction of the same. The availability of the Service may be subject to limitations or interruptions due to technical reasons, even without notice.
8.3 The services provided by Destination Italia S.p.A. on the Internet are provided without any expressed or implied warranty, for the proper operation or suitability for certain purposes. Destination Italia S.p.A. is not liable for damages caused by the delay, the malfunction or the inaccessibility, the suspension and/or the interruption of web services or electronic communications, as well as the loss and alteration of the web pages or data entered by customers. Destination Italia S.p.A. assumes no responsibility for any damage caused by computer viruses, corrupt files, errors, omissions, operation of electronic communications networks or e-mail systems, software or hardware incompatibilities, unauthorized access, alteration or deletion of data and cannot be held responsible by the customer, the persons directly or indirectly connected to the Customer and/or third parties, for compensation for damages, losses or costs incurred as a result of such events. Destination Italia S.p.A. does not guarantee that the service is provided without any interruption, in a safe and error-free way.
8.4 Each action against Destination Italia S.p.A. arising from this agreement or the use of the Service must be commenced within one year after the event, otherwise, forfeiture.
9. Claims and complaints
9.1 CharmingPuglia.com guarantees the contractor a 24/7 (twenty-four seven) service.
The Customer must contest any breach of the obligations arising from the contract without delay, so that the Intermediary, on behalf of the third party provider, or the supplier ,can provide redress. The complaint must be notified by sending a registered letter with acknowledgment of receipt, the intermediary, no later than ten working days from the date of return, to the following address: Destination Italia S.p.A., Via Mannironi 55, Nuoro (08100), Italy. If by the contractor requested for the purpose of protection, in the event of non-compliance of the service provider’s obligations, the Company Destination Italia S.p.A. will provide every support to the contractor in order to determine the subject of the service provider.
10. Protection of personal data
10.1 Destination Italia S.p.A. conforms in strict accordance to the provisions of the Legislative Decree no. 196 of June 30th 2003 on the protection of persons and other subjects regarding the processing of personal data and ensures that under that legislation, the processing of personal data supplied by the client for the execution of the service will be based on principles of correctness, lawfulness and transparency and the protection of privacy.
10.2 The Customer acknowledges that the Service operator can identify the customer at the time of the connection with the identification code assigned to the client as an attribute and that the information related to the service is contained in the electronic register of the operation (the Log), filled in and kept by Destination Italia S.p.A.. The content of the log is strictly confidential and may be turned into an intelligible form and shown only at the request of competent authorities.
11. Applicable law and jurisdiction
11.1 This contract is entirely governed by Italian law even if executed in whole or in part abroad. For any dispute concerning the interpretation or execution of this contract in any way connected to the use of the Service, the jurisdiction of residence of the consumer is responsible, or in case of a contractor who is not a consumer, exclusively to the Court of Nuoro.
Pursuant to and for the purposes of the law, and in particular Articles 1341 and 1342 of the Civil Code, the customer approves specifically, after having read and fully understood, in their own name, as well as in the name and on behalf of other people that will take advantage of the tourist service, the following clauses of the contract: article 4 (economic conditions), article 5 (withdrawal, changes or cancellations), article 6 (substitutions), article 7 (obligations of the client), article 8 (limitations of liability), article 9 (claims and complaints), article 11 (applicable law and jurisdiction).