Pre-contractual Info and Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR PACKAGE TOURS
The combination of travel services offered is a package within the meaning of Directive (EU) 2015/2302 and the Regulation of Package Travel and Related Travel Schemes. Therefore, you will benefit from all EU rights applicable to packages.
The Contract for Tourist Packages, hereinafter also referred to as the "Contract," includes these General Terms and Conditions. These General Terms and Conditions have been formulated to ensure that the purchase and sale between the Organizer/Reseller and the customer is clear and transparent to both parties. These terms and conditions cover virtually every aspect of your vacation, from the time of booking to your return home. These Terms and Conditions clearly outline our obligations to you and your commitments made by booking a tour package with us, from our brochure or through www. animabuona.co.uk hereafter referred to as the "Site."
The sale of Tourist Packages in compliance with these General Terms and Conditions, with the aim of providing services both in the Italian national territory and internationally, is governed by Italian law and/or pursuant to the application, where applicable, of foreign law in compliance with the rules of international private law.
For the purposes of these terms and conditions, the terms listed below will have the following definition:
a) Travel Organizer: means the person who, in its own name and upon receipt of the payment of a lump sum price, undertakes to procure tourist packages to third parties, realizing the combination of the elements referred to in Section 4) below or offering the Traveler, including through an online system, the opportunity to independently realize and purchase such combination;
(b) Reseller: the person who sells or undertakes to procure tour packages as set forth in (4) below, upon receipt of payment of a lump-sum price and regardless of whether the same person engages professionally in this activity or not;
(c) Traveler: the purchaser, the person entitled to a tourist package or any other person, even if yet to be identified, provided that the said person meets all the requirements for the enjoyment of the service, and on whose behalf the principal contractor undertakes to purchase tourist packages without receiving any payment.
4. NOTION OF TOURIST PACKAGE AND RELATED TOURIST SERVICE
The definition of tour package is as follows:
the combination of at least two different types of tourist services, such as:
l. the transportation of passengers;
2. accommodation that is not an integral part of the transportation of passengers and is not intended for residential purposes, or for long-term language courses;
3. the rental of cars, other vehicles or motorcycles and requiring a category A driver's license;
4. any other tourist service that is not an integral part of one of the tourist services referred to in (1), (2) or (3), and is not a financial or insurance service, for the purpose of the same trip or vacation, if at least one of the following conditions is met:
(a) such services are combined by a single professional, including at the request of the traveler or in accordance with the traveler's selection, before a single contract is concluded for all services; or
(b) regardless of whether separate contracts are concluded with individual tourism service providers, such services are: b.1) purchased from a single point of sale and such services have been selected before the traveler consents to payment; b.2) offered, sold, or invoiced at a flat rate or global price; b.3) advertised or sold under the name "package" or similar
name; b.4 ) combined after the conclusion of a contract whereby the professional authorizes the traveler to choose from a selection of different types of tourism services; or b.5) purchased from separate professionals through linked online booking processes where the traveler's name, payment details, and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more other professionals and the contract with the latter professional(s) is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
"Connected tourist service" is defined as at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts
with individual tourist service providers, if a professional facilitates, alternatively: 1) at the time of a single visit or a single contact with its point of sale, the separate selection and separate payment of each tourist service by
by travelers; 2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of the confirmation of the booking of the first tourist service.
5. MANDATORY TOURIST INFORMATION
Prior to the conclusion of the Contract, the Travel Arranger/Reseller will provide the Traveler with the following information in writing or other appropriate form:
1. General information on passport and visa requirements that apply to the purchase of the package, including information on the likely time required to obtain passports and appropriate visas;
2. Health-related obligations required by the national administrative agencies of the country of travel destination and stay; as indicated in the fact sheet
3. In case of insolvency, arrangements to cover the money paid in advance, and where applicable, to repatriate the Traveler.
In addition, well in advance of the start of the trip, the Travel Organizer and/or Retailer will provide the Traveler, in writing, with the following information:
1. where the package includes a transportation component, the means, characteristics and categories of transportation, places, dates and times of departure and return, duration and locations of intermediate stops and connections. Where an exact time has not yet been established, the Reseller will inform the Traveler of the approximate time of departure and return; as well as details regarding the Traveler's assigned seat, including cabin or berth on ship and sleeper car on train;
2. the name, address, telephone number, and e-mail address of the Travel Arranger's representative at the location where the Traveler will be staying, or, in the absence of a representative of an agency on site, the person to whom the Traveler can turn for assistance, or, in the absence of a representative or agency, a telephone number or other information that will enable the Traveler to contact the Travel Arranger during the stay;
3. where there are minors, unaccompanied by a parent or other authorized person, traveling on the basis of a travel package that includes accommodation, information enabling direct contact with the minor or the person responsible for the minor at the minor's place of stay, and
4. information on optional conclusion of an insurance policy to cover the cost of cancellation by the Traveler or the cost of assistance, including repatriation, in case of accident or illness.
5. the location, main features and, where applicable, the tourist category of the accommodation based on the regulations of the country of destination;
6. the meal plan;
7. visits, excursion(s) or other services included in the total price agreed upon for the package;
8. where not made obvious by the context, an indication of whether travel services will be provided to the traveler as part of a group and, if so, where possible, an indication of the approximate size of the group;
9. where the benefit to the traveler from other tourist services is related to effective oral communication, the language in which those services will be provided;
10. an indication of whether or not the trip or vacation is suitable for persons with reduced mobility and, upon the traveler's request, precise information on the compatibility of the trip or vacation with the traveler's needs;
11. The minimum number of persons required for the package to take place and the time limit available - referred to in Section 9 - for cancellation of the contract, prior to the start of the package, if this number is not reached;
The Travel Arranger will provide the Traveler with a written copy of the Contract and these Terms and Conditions. Said copy shall be sent to the Traveler by the Travel Organizer via email.
The booking proposal shall be in writing or other equivalent format that is understandable and accessible to the Traveler, including in electronic format, and is sent to the Traveler prior to the conclusion of the Contract. The Traveler accepts these Terms and Conditions on behalf of all parties involved.
The Traveler must provide all necessary data for processing the reservation and payment.
Acceptance of the booking proposal shall be deemed complete upon issuance of the Contract, which shall be in writing or other equivalent form that is understandable and accessible to the Traveler, to whom it will be sent prior to the conclusion of the Contract. The Traveler will also be provided with a written copy of the Contract.
When the Traveler makes a reservation, he/she should consider the following points:
a) If a reservation request has been made more than 35 days prior to the departure date (35th day excluded), payment of the full amount, or a deposit equal to 25% of the price of the Tour Package, plus the registration or practice management fee and insurance, shall be made, with the remaining balance due no later than 35 days prior to the departure date via:
● credit card,
● bank transfer to the bank details given via e-mail by ANIMABUONA.
In the event that there is a need to issue the airline ticket at the time of booking, the related cost shall be paid upon confirmation of the booking by the Traveler, in addition to the amount due indicated in the preceding paragraph.
(b) If a reservation request has been made within 35 days prior to the departure date, you will be required to make payment of the full amount due in one or more installments, choosing from the payment methods indicated during the reservation process.
If for any reason the Traveler fails to pay the amounts in accordance with these provisions and on the agreed dates, ANIMABUONA reserves the right to cancel the reservation as provided in clause 9 described below. The balance of the price is considered to have been paid when the amounts are received by the organizer directly from the traveler or through the seller.
In the event that the booking is not confirmed by the Travel Organizer, the Traveler will be promptly notified, and the Travel Organizer will proceed to refund the amount paid by the Traveler for the booking of the Tour Package. If the payment was made by credit card, the amount will be directly refunded to the same credit card used by the Traveler at the time of booking (the amount will be refunded within 30 days of the Traveler's request). If the payment was made by bank transfer, the Traveler must provide ANIMABUONA with his/her bank details so that it can process the refund.
The price of the Travel Package is stated in the Contract and can be changed at any time up to 20 days before departure and only to allow for changes regarding:
(a) transportation costs, including the cost of fuel or the cost of other energy sources,
(b) fees, taxes or commissions chargeable for services imposed by third parties not directly involved in the provision of the package, such as tourist taxes, landing fees or embarkation and disembarkation fees at ports and airports; or
(c) exchange rates applied to the specific Travel Package.
In calculating these price changes, ANIMABUONA will refer to the parameters it will have identified and communicated to the Traveler in the Information Sheet.
If the above price increase exceeds 8% of the total package price, the following will apply:
In the event that, prior to the commencement of the provision of the package, the organizer is forced to significantly change any of the main features of the trip or cannot meet the special requirements, or proposes an increase in the price of the package of more than 8%, the traveler, within a reasonable time specified by the organizer, may:
(I) accept the proposed change; or
(II) terminate the contract without paying an early termination fee.
Provided that, if the traveler terminates the contract relating to the travel package, the traveler may accept, where this is offered by the organizer, a substitute package, possibly of equivalent or superior quality. The organizer will promptly inform̀ the traveler in writing:
(I) of the proposed changes referred to above and, where applicable, their impact on the price of the package; (II) of the reasonable time frame within which the traveler must inform the organizer of his or her decision;
(III) of the consequences of the traveler's failure to respond within the time frame referred to in paragraph (2), in accordance with applicable national laws; and
(IV) where applicable, of the replacement package offered and its price.
Should the above changes to the travel package contract or the above replacement package result in a package of lesser quality or value, the traveler shall be entitled to take advantage of an appropriate price reduction. If the travel package is terminated and the traveler does not accept a replacement package, the organizer will refund all payments made by or on behalf of the traveler without delay and, in any event, within 14 days of the termination of the contract.
Regardless of its magnitude, a price increase will be possible only if the organizer informs the traveler of it in a clear and understandable manner, providing a reason for the increase and its calculation, on a durable medium, at least 20 days before the beginning of the package delivery.
If the contract for the travel package contemplates the possibility of price increases, the traveler shall be entitled to a price reduction corresponding to any decrease in the costs referred to in paragraphs (a), (b), and (c) of clause 8 that occurs after the contract is entered into, prior to the commencement of the provision of the package. Where a decrease in price occurs, the organizer shall have the right to deduct the actual administrative costs from the refund due to the traveler. Upon the traveler's request, the organizer shall provide proof of those administrative expenses.
9. MODIFICATION AND CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
The Travel Arranger and/or Reseller who, prior to departure, if forced, significantly changes an essential term of the Contract, shall inform the Traveler as soon as possible, indicating the provision in the Contract that specifies the changes made and their impact on the price. The Tourist shall inform the Travel Arranger and/or the Retailer of its decision as soon as possible, and, in any event, within two (2) business days of receiving notice from the Travel Arranger regarding the changes.
If the Traveler does not accept the proposed change, the Traveler may exercise the right to receive a refund of the amount already paid or, alternatively, a replacement Tour Package in accordance with Article 12 set forth below.
For cancellation of the contract due to causes other than fortuitous circumstances and force majeure, failure to reach the minimum number of tourists, or failure of the Traveler to accept the replacement Tour Package, the Travel Arranger shall refund to the Traveler an amount equal to twice the amount paid by the Traveler himself and/or collected by the Travel Arranger through the Reseller. The refundable amount shall never exceed twice the amount for which the Traveler would on the same date owe under Article 10 if the Traveler himself or herself had to cancel the Tour Package.
The organizer may withdraw from the Contract and offer the traveler full reimbursement of the payments made for the package, but is not obliged to pay additional compensation if the number of persons enrolled in the package is less than the minimum stipulated in the contract and the organizer notifies the traveler of the withdrawal from the contract within the time limit set in the contract and in any case no later than 20 days before the start of the package in the case of trips lasting more than 6 days, by 7 days before the start of the package in the case of trips lasting between 2 and 6 days, by 48 hours before the start of the package in the case of trips lasting less than 2 days.
10. CHANGES AFTER DEPARTURE
If the Travel Arranger is unable to provide a significant part of the services included in the Contract after departure, or if the Travel Arranger learns that it cannot procure a significant part of the services included in the Contract, for any reason other than the Traveler's own doing, it shall arrange alternative arrangements at no additional cost to the Tourists in connection with the extension of the Tourist Package and, where necessary, shall reimburse the difference between the services provided under the Contract and those actually provided.
Where no alternative solution described in the preceding paragraph is possible, or where these are not accepted by the Traveler for justifiable reasons, the Travel Arranger, where necessary, shall provide the Traveler with an equivalent transportation solution for the return to the place of departure or to the place of return otherwise agreed upon with the Traveler, and shall reimburse the Traveler accordingly.
11. TRANSFER OF RESERVATIONS / REPLACEMENT
If the Traveler is unable to take advantage of the Tourist Package, the Traveler may transfer his or her reservation to a person who meets all conditions applicable to the Tourist Package, provided that the Traveler gives adequate notice in writing (of at least 7 business days prior to the departure date) of his or her intention to transfer the reservation to the Travel Arranger and/or Reseller prior to the specified departure date. Tourists must promptly provide the contact details of the person who will replace them.
The transferor and the transferee shall be individually and jointly and severally liable for the payment of the price of the Tourist Package or, if the price has already been paid, for the payment of the balance and for any additional fees, expenses or other costs arising from such transfer.
The Organizer shall inform the transferor of the actual costs of the transfer. Such costs shall not be unreasonable and shall not exceed the actual cost incurred by the organizer due to the transfer of the Contract.
The organizer shall provide the transferor with evidence of additional taxes, fees or other costs arising from the transfer of the Contract.
12. TERMINATION OF THE CONTRACT BY THE TOURIST
The Traveler may terminate the contract at any time before the start of the package, without incurring any penalty, in the following cases:
(a) increase in the price listed in Article 8 by more than 8%;
(b) if the Travel Arranger and/or Retailer is forced, prior to departure, to significantly change an essential term of the Contract and such change is not accepted by the Traveler;
Under the above circumstances, the Traveler is alternatively entitled:
- to take advantage of a replacement Tour Package at no extra charge, or to obtain a refund equal to the excess price if the replacement Tour Package has a lower economic value than the one originally chosen;
- To receive a refund of the amount already paid under the Contract.
The Traveler shall notify the Travel Arranger and/or Reseller of its decision (i.e., to accept the replacement package or to terminate the Contract) within (2) two business days after the Travel Arranger and/or Reseller has sent the notice of increase or change.
If the Traveler fails to notify the Travel Arranger and/or Retailer of his or her decision within the time limits specified herein, the proposed increase or change by the Travel Arranger and/or Retailer shall be deemed accepted by the Traveler. These terms expressly exclude the Traveler's right of withdrawal offered for distance and off-site contracts
If the Traveler terminates the Contract prior to departure, other than under the circumstances indicated above and regardless of any payment made pursuant to Article 7 above, the Traveler shall be responsible for the payment of the applicable single reservation fee, the penalty stipulated in the Data Sheet of the catalog or the Off-Catalog Travel Program or any tailor-made travel, the cost of the insurance coverage required at the time of the conclusion of the Contract or any other services already provided. In the case of groups, such sums will be agreed upon from time to time after the signing of the Contract.
Notwithstanding the foregoing, the traveler shall have the right to terminate the contract relating to the travel package prior to the commencement of the provision of the package, without paying any early termination fee, if unavoidable and extraordinary circumstances occur at the place of destination or in its immediate vicinity such as to significantly affect the provision of the package, or such as to significantly affect the transportation of passengers at the destination. In the event of termination of the travel package contract on the basis of the contents of this paragraph, the traveler shall be entitled to a full refund of any payment made for the package, but shall not be entitled to further compensation.
The organizer shall issue any compensation or refund any payment made by or on behalf of the traveler for the package, less the case's early termination fee. The aforementioned compensation and refunds shall be paid to the traveler without undue delay and, in any case, within 14 days of the termination of the contract for the travel package.
13. OBLIGATIONS OF THE TOURIST
During negotiations, and in any case prior to the execution of the contract, the Travel Organizer and/or Reseller shall provide the Traveler in writing with all general information regarding health formalities required by national administrations for travel and stay, as well as general information regarding travel documents required for travel (passport and visa). This information shall be up-to-date as of the date of printing of the Tour Package catalog or brochure and also on the Site.
In any case, prior to the date of departure, the Traveler should ensure that he/she has verified all relevant and up-to-date information with the competent authorities (for Italian citizens at the Ministry of Internal Affairs via www.viaggiaresicuri.it or by calling 06.491115).
Italian citizens will be provided with general information regarding health formalities and travel documentation required for traveling abroad. All other citizens will receive the corresponding information through their diplomatic representations present in the intended destination and/or official government information channels in their country.
If the Traveler does not obtain the information described in the preceding paragraph, the Organizer or Reseller cannot be held responsible for the Traveler's inability to depart.
The Traveler shall notify the Organizer and/or Retailer of his or her citizenship and, at the time of departure, shall ensure that he or she is in possession of all necessary vaccination certificates, a valid passport and any other documents necessary to travel to all countries included in the itinerary, as well as any travel visas and health certificates that may be required.
The tourist shall also abide by the rules of normal prudence and diligence and all specific rules in force in the countries of travel destination, all information provided by the Travel Organizer and all regulations, administrative or legislative provisions relating to the Tourist Package. The tourist shall be held liable for all damages incurred by the Travel Organizer and/or the Reseller as a result of failure to comply with the obligations set forth herein, including all expenses incurred for repatriation.
At the time of booking the Tour Package, the Traveler shall notify the Travel Organizer in writing of all special requests, which, if they can be met, may be governed by specific agreements.
In any case, at the time of booking, the Traveler is required to inform the Travel Organizer and/or the Retailer of any special requests or conditions (e.g. pregnancy, food intolerances, disabilities, and so on) and to clearly indicate the request for the relevant customized services.
14. CLASSIFICATION OF HOTELS
Official hotel classifications are provided based on official and formal information obtained from the relevant authorities in the countries where the hotels are located.
Where no official classification has been assigned to hotels by the relevant public authorities in the countries where the hotels are located, even if the countries themselves are members of the European Union, such classification shall be established by the Travel Organizer on the basis of suitable evaluation criteria and quality standards.
15. LIABILITY REGIME
The Travel Arranger shall be accountable to the Traveler for the proper performance of obligations under the Contract, regardless of whether such services are provided directly by the Travel Arranger or by third-party service providers, unless the Travel Arranger proves that the fault for the failure to perform the Contract is attributable to the Traveler or to a third party resulting unrelated to the provision of services under the Contract, due to fortuitous and force majeure causes, or is attributable to:
1. fortuitous and force majeure circumstances beyond the control of the Travel Organizer or third-party service providers, the consequences of which could not have been avoided even with the utmost due diligence;
2. an event that the Travel Organizer or service provider could not foresee and prevent, even with the utmost due diligence;
The above grounds shall not affect any right of action by the Travel Arranger against the Reseller or such third party service providers.
Provided that when a package travel contract is sold by a Reseller, the Reseller shall also be responsible for the performance of the package.
16. LIMITS OF COMPENSATION
Applicable compensation limits and relative limitation periods that apply to damages resulting from failure to perform or inadequate performance of the services included in the Tour Package are subject to the limits established by the National Convention on Travel Contracts (CCV).
17. DUTY OF CARE
The Travel Arranger will provide appropriate assistance without undue delay to the Traveler in distress, applying professional diligence, solely in connection with its contractual and legal obligations.
Where it is impossible to ensure the traveler's return as agreed in the package tour contract due to unavoidable and extraordinary circumstances, the organizer shall bear the cost of necessary accommodation, where possible of an equivalent category, for a period not exceeding three nights per traveler. Where longer periods for the traveler's return are stipulated in the Union legislation on passenger rights applicable to the relevant means of transport, those periods shall apply. In particular:
(a) providing appropriate information regarding health services, local authorities and consular assistance; and
(b) assisting travelers in making long-distance communications and helping them find alternative tourist services.
The organizer may charge a reasonable cost for such assistance if the problem is caused intentionally by the traveler or through the traveler's fault. The said cost shall in no case exceed the actual expenses incurred by the organizer.
The limitation of costs under paragraph 7 of this Article shall not apply to persons with reduced mobility, as defined in Article 2(a) of Regulation (EC) No. 1107/2006, nor to their accompanying persons, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that the organizer has been notified of their special needs at least 48 hours before the start of the package. The organizer may not invoke unavoidable and extraordinary circumstances to limit liability under paragraph 7 of this Article if the relevant transportation service provider cannot invoke the same circumstances under applicable Union law.
The Travel Arranger and the Reseller shall not be held responsible for non-performance or partial performance of the Contract when this results from circumstances attributable to the Traveler, unforeseeable or unavoidable circumstances, unforeseeable accidents, or force majeure.
18. COMPLAINTS AND GRIEVANCES
The Traveler shall, as quickly as possible and without unnecessary delay, taking into account the circumstances of the case, in writing or other equivalent form, notify the Organizer/Reseller of any lack of conformity [non-performance] that he/she perceives during the execution of the package, in such a way that the Organizer/Reseller can remedy it without any further delay.
Regardless of the Traveler's obligations under this Contract, the Traveler shall in any case make a claim by sending a registered letter with return receipt to the Organizer or the Retailer, within ten (10) working days from the date of return to the place of departure.
The organizer will provide the traveler with information regarding any existing complaint handling procedures and Alternative Dispute Resolution (ADR) mechanisms and, if any, the ADR body by which the practitioner is regulated and the online dispute resolution platform under Regulation (EU) No. 524/2013.
19. INSURANCE FOR CANCELLATION AND REPATRIATION EXPENSES
If not included in the price of the vacation, it is possible, and indeed advisable, to take out a special insurance policy covering the expenses arising from the cancellation of the Tourist Package, or the cost of assistance, including repatriation, in case of accident, illness of death, from accidents and health care, from the loss and/or damage of luggage, at the time of booking at the offices of the Organizer or the Reseller.
The rights of the Traveler arising out of the insurance policies specified therein shall be exercised by the Traveler directly against the relevant insurance companies in accordance with the terms and conditions set forth in the relevant insurance policies. The Organizer/Retailer, irrespective of its obligation to provide assistance, may reject the claim for Travel Packages in cases where the Traveler fails to prove that he/she is in possession of an adequate insurance policy covering health care and/or repatriation expenses.
20. PRIVACY AND DATA PROTECTION
For the purposes of this Article 20, we will refer to the "Traveler" and each data subject as "you/your". This clause also covers ANIMABUONA's relationship with any data subject whose personal data we have acquired, or whose personal data has been entrusted to us by virtue of the service offered herein.
The General Data Protection Regulation (Regulation 2016/679) provide the legislative framework for the protection and processing of personal information in relation to the processing of personal data.
You agree that due to the nature, extent and type of service provided under this Agreement, ANIMABUONA may directly or indirectly access your personal data. For the purposes of this Contract, the term "personal data" shall mean all data, information, text, drawings, and other materials embedded in any electronic, optical, magnetic, or tangible media provided by you to ANIMABUONA that ANIMABUONA is required to generate, collect, process, store, or transmit in connection with this Contract. ANIMABUONA hereby informs you that any personal data disclosed for the purposes of this Contract will be processed and stored by ANIMABUONA in accordance with the rules and procedures set forth in the EU General Data Protection Regulation (Regulation 2016/679) as amended and updated from time to time. For the purposes of this Contract, the term "Processing" will refer to any operation or group of operations carried
out on personal data or groups of personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or other means of disclosure, standardization or combination, restriction, erasure or destruction.
ANIMABUONA guarantees that your personal information will be treated fairly and in accordance with the law and will not be processed for any purpose that is incompatible with the services provided here.
ANIMABUONA uses appropriate administrative, technical and physical measures to safeguard your personal information by preventing the loss, misuse, theft, alteration, disclosure or destruction of your personal information. We restrict access to your personal information to employees, contractors and agents who need that information in order to deliver, develop or improve our services. These people are bound by confidentiality obligations.
All such data may be disclosed to third parties and/or employees and/or subsidiaries and/or affiliates of ANIMABUONA (e.g., competent authorities, insurance companies, local correspondents or representatives of ANIMABUONA, service providers with respect to Travel Package services) for the purpose of fulfilling ANIMABUONA's obligations as set forth in this contract and to ensure the proper performance of the contract being entered into between you and ANIMABUONA.
Your personal information and in particular your financial information will be processed by third parties, including financial institutions regulated in accordance with law, to facilitate financial transactions between you and ANIMABUONA. The financial institutions performing this process may be located outside the European Union. If the third party processing your information is located in the United States or any other nation that is not part of the European Union, ANIMABUONA has taken all necessary precautions to ensure that the third party meets the same standards set forth in the GDPR regulations and any other standards to which ANIMABUONA is bound. ANIMABUONA ensures that any third party applies the same standards of protection when processing its customers' personal information even if located outside the European Union area.
ANIMABUONA informs you here that you have the right to receive confirmation that your personal information is subject to processing and that you may request access to said personal information, unless restricted or prohibited by law. You may also request a copy of said information, made by us - this request must be made verbally or by electronic means. We will provide you with the copy in a commonly used electronic format. You may inspect the personal information we maintain about you so that you can verify the legality of the data processing performed by ANIMABUONA. If you find inaccuracies or incompleteness in your personal information, you may also request ANIMABUONA, or any other person who processes your data on behalf of ANIMABUONA, to amend/rectify/remove any data that is inaccurate or has become inaccurate as a result of changed circumstances. You hereby agree and are aware that from time to time ANIMABUONA may ask you to confirm the accuracy of your personal data as held by ANIMABUONA and that ANIMABUONA shall not be held liable in any way for your failure to notify ANIMABUONA of any changes in your personal data as per the above procedure. In any case, your personal data may be deleted at any time you request, subject to all legal requirements and obligations that oblige ANIMABUONA to retain your personal data. You have the right to restrict and even object to the processing of your personal data. Please note that any refusal or restriction to provide ANIMABUONA with the necessary personal data, could be an obstacle to the conclusion of this Contract and the provision of the Travel Package services.
We will retain your personal information for as long as we believe such information is necessary to fulfill the purposes of this Agreement, except as otherwise permitted or required by applicable laws and regulatory requirements.
21. PROSPECTUSES, ANNEXES, ADDENDUM, APPLICABLE LAW AND JURISDICTION
Each schedule, attachment, and addendum to this Agreement shall constitute an integral part of this Agreement and shall be read, construed, understood, and enforceable as a single document. This Agreement shall be judged and interpreted under the laws of Italy, which shall have exclusive jurisdiction over any complaint or suit arising under this Agreement.
GENERAL TERMS AND CONDITIONS OF THE CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES
(A) LEGAL PROVISIONS
Contracts having as their object only the service of transportation, only the services of stay or any other single tourist service, not being able to be configured as a Tourist Package are governed by the following provisions of the International Convention on Travel Contracts (CCV): art. 1, no. 3 and no. 6; art. 17 -23; art. 24 - 31, (limited to those parts of these provisions that do not refer to the contract of Tourist Package) as well as the other agreements specifically referring to the sale of each individual tourist service. The Organizer/Reseller, even in cases where the sale of the individual tourist service takes place electronically, is obliged to provide the Traveler with a copy of the Contract relating to the purchase of the said individual tourist services that the Traveler has purchased.
(B) TERMS OF THE CONTRACT
The following clauses of the General Terms and Conditions for Tourist Packages set forth above are also applicable to such contracts of sale of individual tourist services: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18.
The application of the above clauses in no way implies that the services offered represent a type of Tourist Package. The terminology used in the aforementioned clauses relating to the Contract for Tourist Package (Travel Organizer, etc.) should be understood with reference to the corresponding terminology used in the contract of sale of each individual tourist service (Seller, Stay, etc.).
(C) FIELD TRIPS
Trips, benefits and services purchased by the Traveler during his/her stay at the destination and not included in the price of the Tourist Package are outside the scope of the relevant contract entered into by ANIMABUONA in its capacity as Travel Organizer.
Therefore, no responsibility caǹ be attributed to ANIMABUONA in its capacity as Travel Organizer or Reseller of the tourist services, including those cases where, as a courtesy, local residents or correspondents have taken care of the booking of the said trips.
Fact sheet related to packages with ANIMABUONA organizer:
The following data sheet forms an integral part of the General Terms and Conditions relating to the Tourist Package Contract.
Technical Organization Details:
Business Name: 4 FOOD SRL
Address: Via Giuseppe Mazzini 18/1 42020 Quattro Castella (RE) Italy REA: RE-327307
P. VAT: IT02948220351 Email: firstname.lastname@example.org
Travel agency licensed under license no. 49824 prov. RE dated 26/05/2022
Allianz Enterprise Liability Insurance - Liability for Travel Agents and Tour Operators - Policy Certificate Number 500411751. The validitỳ of the packages offered caǹ be consulted on the Site.
The name of the carrier that will operatè the flight(s) is indicated in the online documentation of the chosen package and reiterated in the travel documents and in those delivered prior to departure. Any changes will̀ be promptly communicated by the Travel Arranger.
Official information of a general nature regarding foreign countries, including information regarding the security situation, including for what̀ concerning health formalities and travel documents required for access to Italian citizens, is provided by the Minister of Internal Affairs of the Traveler's country of residence. Specifically, for Italy, information is provided at www.viaggiaresicuri.it or at the helpline 06 491115 and therefore publicly available. As this official information is subject to change and update, the Traveler should consult these sources before purchasing the Tourist Package.
Any changes requested by the Traveler after confirmation of the services included in the Travel Package will bè performed by the Travel Organizer for a fee of 65.00 euros. In addition to the above fee, the Traveler maỳ incur additional penalties in connection with the cancellation of flights (such as special fares, immediate purchases, low cost flights and scheduled flights) that may be inflicted by the airline concerned.
The Traveler who needs to change the purchased Travel Package or the name(s) of the beneficiaries of the Travel Package shall̀ notify the Travel Arranger, who will check with the third-party providers about the possibility of making the requested changes, after notice provided to the Traveler about the additional costs associated with the change requests. Third-party providers may reject the requested change or name change even if the request for a change was made by the Traveler within the time limits set forth in Article 11 of the General Terms and Conditions. In such cases, the Travel Arranger shall not be responsible for any rejections from third-party service providers in connection with the requested changes. Such refusals from third-party service providers will be promptly communicated by the Travel Arranger to the Traveler and/or the parties concerned prior to departure.
A Traveler who withdraws from the Contract before departure, except in the cases listed in Article 12 of the General Terms and Conditions, regardless of any advance payment made in accordance with Article 7 of the General Terms and Conditions and regardless of the payment of costs, administrative fees and/or insurance premiums, will be charged the following penalties:
● The reservation fee of 40.00 € per person and, in case of groups, 25.00 € per person. ● The premium of the insurance coverage
The following percentages of the entire value of the Tourist Package:
• ● 30% of the full value if cancellation occurs within 46 calendar days before departure;
• ● 50% of the full value if cancellation occurs 45 to 31 calendar days before departure;
• ● 75% of the full value if cancellation occurs 30 to 16 days before departure;
• ● 100% of the full value if the cancellation occurs within 15 days before departure or where the Traveler
decides to end the trip or stay already started.
In addition to the percentages established above, it is possible to incur additional penalties related to airline tickets, such as special fares, immediate purchases, low cost flights and scheduled flights. It is also intended to clarify that:
- Any reference relating to days is always intended with reference to calendar days;
- In relation to specific destinations, specific services, pre-established groups and for specific travel needs, a significant increase in the above penalties maỳ occur;
- In relation to specific tourist and non-tourist services, the penalties imposed may be 100% of the full value, at the time the proposal or reservation cannot be revoked, or upon confirmation of the reservation by the Tour Operator, and such penalties shall be stated in the documents relating to out-of-catalog programs, tailor-made trips, or trips and services in general that are not fully or partially included in this online catalog.
- In any case, a Traveler who chooses to unilaterally withdraw from the Contract (in connection with flights/transportation, accommodations or other services purchased) is not entitled to any refund of fees already paid.
- The above penalties shall also be paid by the Traveler or Tourists who cannot undertake the trip due to missing data or irregularities in travel documents.
ANIMABUONA's Tour Package programs are based on schedules, exchange rates, airport and transportation rates, and ground service costs in effect at the time of the proposed booking. The exchange rates used for ANIMABUONA Tour Packages are those established by the European Central Bank.
The price of the Tourist Package, which will be communicated to you upon confirmation of the reservation, may be increased up to 20 days before the date of departure, exclusively in the cases specified in Article 8 of the General Terms and Conditions, and any difference between the exchange rate and the rate applied on the day of confirmation of the reservation may result in the following consequences:
75% of the full value for scheduled flights;
65% of the full value for charter flights;
100% of any supplements, regardless of the type of travel;
100% in the case of fees related exclusively to "ground services"
The above percentages are also applicable in the case of organized groups or "ad hoc" trips, unless these percentages are stated differently in the Contract for Tourist Packages to which they apply.
Any change in the price will bè communicated to you in writing by the Organizer/Reseller within the time limits stipulated above.
Standard information form
The combination of travel services offered is a package within the meaning of Directive (EU) 2015/2302 and the Regulation of Package Travel and Related Travel Schemes. Therefore, you will benefit from all EU rights applicable to packages.
Therefore, you will benefit from all EU rights applicable to packages. ANIMABUONA will be fully responsible for the proper execution of the package as a whole.
1. Travelers will receive all essential information about the package prior to the conclusion of the tour package contract.
(2) There shall always be at least one professional responsible for the proper performance of all tourist services included in the contract.
3. Travelers are provided with an emergency telephone number or the details of a contact point through which to reach the organizer or travel agent.
4. Travelers may transfer the package to another person upon reasonable notice and possibly at additional cost.
5. The price of the package maỳ be increased only if specific costs (e.g., fuel prices) increase and if expressly provided for in the contract, but no later than 20 days after the start of the package. If the price increase is more than 8% of the package price, the traveler maỳ terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction if there is a decrease in relevant costs.
6. Travelers may terminate the contract without paying termination fees and obtain a full refund of payments if any of the essential elements of the package, other than the price, is substantially changed. If, prior to the commencement of the package, the professional responsible for the package cancels the package, travelers are entitled to obtain a refund and, where appropriate, compensation.
7. Travelers may, in exceptional circumstances, terminate the contract without paying termination fees prior to the commencement of the package, for example, if there are serious security problems at the place of destination that may jeopardize the package. In addition, travelers may at any time before the start of the package terminate the contract upon payment of appropriate and justifiable termination fees.
8. If, after the commencement of the package, substantial elements of the package cannot be provided as agreed, suitable alternative solutions shall be offered to the traveler, without additional charge. Travelers may terminate the contract, without paying termination fees, if the services are not performed as agreed and this significantly affects the performance of the package and the organizer has not remedied the problem.
9. Travelers are also entitled to a price reduction and/or compensation for damages in case of non-performance or non- compliance of tourist services.