Italy My Way- Our Preferred Parter in Italy.
MULTIDAY TOURS, PACKAGES and CUSTOMIZED TOURS
TERMS AND CONDITIONS
1. Introduction. Notion of tourist package
the Legislative Decree no. 111 of 17.03.95, concerning the execution of the
Directive 90/314/CE, for consumer protection states that both the organizer
and the seller of the tourist package asked by the customer, must be licensed
for carrying out their activities (art. 3/1, letter A, 111/95 Legislative Decree)
the customer has the right to receive a copy of the tourist package sale
contract (in accordance with article 6 of the 111/95 Legislative Decree), which
is the necessary document to apply for the Guarantee Fund in reference to
article N. 18 of these general contract terms. The notion of “tourist package”
(article 2/1 of 111/95 Legislative Decree) is the following: The objects of tourist
packages are journeys, holidays and “all inclusive” circuits, resulting from the
pre-established combination of at least two of the following elements, sold or
offered for sale at a flat rate, whose length will exceed 24 hours, that is, at
least one night:
• transportation; b) accommodation; c) tourist services not additional to
transportation or accommodation which are an important part of the
“tourist package”.
2. Legislative sources
Besides these general conditions, the sale contract of a tourist package is
also regulated by the clauses pointed out in the journey documentation, given
to the customer. This contract, concerning the arrangement of travel, holiday
and single tourist service sales, is also regulated by the Law of 27th
Dec.1977 no. 1084, ratified and executed by the Travel Contract International
Convention (CCV), subscribed on the 23rd April1970 in Bruxelles. In addition
to the above mentioned CCV, the sale contract of a tourist package is also
regulated by Legislative Decree n.111/95, emanated as an enforcement of
the Directive n.90/314/CE concerning the journey, holidays and “all-inclusive”
circuits. Furthermore, the contract at distance signed by the consumer, for all
the applications to the contracts for free time services, is subject to the
Legislative Decree n. 185 of the 22nd of May 1999, concerning the
“Implementation of the 97/7/CE directive about the consumer protection in
regard contract at distance”, and to the Legislative Decree n.70 of the 9th of
April 2003 concerning the “Implementation of the 2000/31/CE directive about
some juridical aspects of the information society in the home market,
particularly referred to the e-commerce”
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3. Technical data
Italy my Way Srls enrolled under n. 3054/2018/SUAP on the regional
register of travel and tourism agencies with license DIA of March 21st 2018
released by the Regione Toscana, Insurance Policy R.C. n.
301.014.0000903180 from VITTORIA Assicurazioni. The validity of the
tourist package offered by Italy my Way Srls is shown inside the budget
provided and signed by the client or travel agent,
Bookings can only be effected following the consumer acceptance of the
general conditions of this contract. The contract is to be considered when
Italy my Way Srls has confirmed the booking, with the relevant information,
via e-mail or by telephone. Specifications about the package or about a
single tourist service are included in the notes and details of the offer
(displayed before the contract subscription)
4. Payments
A partial payment of the 30% of the entire participation fee must be
deposited at the booking time.
The balance must be paid within 30 days prior departure. Bookings made in
the 30 days before the beginning of the Experience must be paid by lump-sum
settlement.
PAYMENT METHODS
- Credit card (with cc form to be filled out) subject to the CC applicable
surcharge.
- Secure link for credit card payment by Flywire
- Paypal Account at info@italy-my-way.com
- Bank transfer: Bank details Italy My Way Srls
IT98I0200802838000104705159 Swift UNCRITM1F87 Unicredit Spa - Firenze
via Baccio da Montelupo, 32/E – Firenze
All bank transfers must be effected without any charges for the recipient
In case of bank transfer payment, it is necessary to send the copy stamped
by the bank of the bank transfer before h.5pm of the booking day, or the
following day in case the booking has been done after that time.
It’s established that in the cases in which rescission penalties of consumer
are enforced, as per the following art.8, the organizer is legally entitled by the
consumer to hold the amount received as partial payment as valid for the due
penalty.
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The non- payment of the above-mentioned sums at fixed dates is an explicit
resolutory clause, which would determine the rescission of the tourist package
sale contract, set apart the compensation for further damages suffered by the
organizer.
5. Price
The price of the tourist package is fixed in the budget agreed or possible updates
of programs which might have been done afterwards. Extra expenses, such as
compulsory fee to pay on site are always specified in the notes and details of
the offer.
The price can be changed until 20 days before departure and only in case of
variations of the following: transportation costs, including the fuel cost; taxes
and fees on some kinds of tourist services, such as landing and embarkation
or disembarkation fees, in ports and airports; exchange rates applied to the
package itself. As for such variations, these will be referred to the exchange
rates and to the above-mentioned costs, as well as to the relevant prices
quoted at the moment of the booking application.
6. Customer rescission without penalty
The customer can withdraw from the Contract, without paying penalties, in the
following cases:
· Price increases over 10 percent, due to the reasons specified in the abovementioned
art. 5;
· Significant modification of one or more material elements of the contract,
which can objectively be defined fundamental for the fruition of the tourist
package taken as a whole and proposed by the organizer after the contract
itself stipulation, but before the departure, not accepted by the customer.
In the above-mentioned cases, the customer has, alternatively, the right to:
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• Take advantage of an alternative tourist package, without extra cost or
with the return of the overcharge in case the second tourist package is of
inferior value than the first one.
• Get the return of the only amount of money already given. The refund
must be effected within seven working days from receiving the refund
written application.
• The customer will have to submit his decision (to accept the modification
or to recede) within and no longer then two working days from the
moment in which he has being given the notice of the rise or variation in
price. In case of lack of explicit official announcement within the abovementioned
term, the proposal formulated by the organizer is considered
accepted.
7. Renunciation prior departure
- In case a registered participants would withdraw from the contract before
departure for different reasons than those of art. 6., the tour operator will apply
the following penalties, beside the burdens and costs of the services
cancellation:
- 30% of the total amount if the renunciation is given to the tour operator until
30days before the starting of the booked serv ices
- 50% of the total amount if the renunciation is given to the tour operator until
20days before the starting of the booked services
- 75% of the total amount if the renunciation is given to the tour operator until
15days before the starting of the booked serv ices
- 100% after the above-mentioned terms.
The same amounts have to be paid also by those who cannot take part to the
travel because of missing or irregular personal emigration documents. No
refund is due to travelers who decide to interrupt the travel or their stay
already started.
8. Modification or cancellation prior departure
In case in which Italy my Way srls, before the departure, gives written
communication of its impossibility to supply one or more services of the tourist
package, the client will have the right to choose another service of the same
quality or superior without any additional costs or an inferior tourist package
with the restitution of the difference in price, or the customer will be refund of
the sum already paid within 7 working days from the moment of the rescission
or cancellation, if the cancellation is depending on circumstances not imputable
to the customer. The organization can void the contract if the minimum number
of participants has not been reached, and on condition that the organizer has
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given this information before the start of the tourist services. In this case the
organizer will have to refund only the amounts perceived within 7 working days
from the moment of rescission or cancellation, any other refund excluded.
9. Modification after departure
In case that after the departure the organizer cannot supply, for any reason
(apart from circumstances depending on the customer) an essential part of the
services included in the contract, alternative solutions will have to be provided
to the consumer without extra-charges. If the value of the supplied services is
lower than the value of the estimated ones, the value of the difference must be
refund. In case no alternative solution is possible, or the solution offered by the
organizer has been refused by the customer for serious and justified reasons,
the organizer will provide free-of-charge a means of transport equivalent to the
original one, which should have also been used for going back to the initial
departure point, or to another possibly pre-established place, compatible with
availability.
The customer will be refunded in accordance with the difference between the
cost of the estimated services and the cost of the services granted up to the
moment of anticipated return.
10. Transfer of bookings
The customer has the right to be replaced by a different person by giving
written notice to Italy my Way Srls. The renouncing client can be replaced by
another person always if: a) the organizer has been informed in writing at least
4 working days before the fixed departure date, receiving at the same time a
notice concerning the name and address of the assignee; b) the substitute
meets all the conditions for the fruition of the service (ex article 10 of Leg.
Decree 111/95), requirements relating to the passport, visas health certificates,
hotel accommodation and transport services ; c) - the replacing person has to
pay a substitution fee of €50 which is to cover all the expenses concerning the
substitution. The renouncing customer is severally responsible for the payment
of the settlement by the assignor, as well as for the costs under letter c) of this
article.
As for some kinds of services, it may happen that a third party service supplier
does not accept the modification of the assignee name, even if it has been
carried out within the terms under letter a) of the present article. Italy my Way
Srls will not be responsible for the possible non-acceptance of the modification
by third party service suppliers. This non-acceptance will be immediately
communicated by Italy my Way Srls to the parties before departure.
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11. Participants obligations
The participants have to be equipped with personal valid passports or other
documents valid for the destination Country. Furthermore, the tourist will have
to follow ordinary cautiousness and diligence rules, and specific rules effective
in the destination countries, all the information supplied by the organizer, as
well as the regulations and administrative and/or legislative provisions
regarding the tourist package. The participants will be asked to answer for all
the damage suffered by the organizer because of their incapacity to follow the
above- mentioned obligations. The customer must provide the organizer with
all the documents, the information and the elements owned by himself, which
might be useful for exercising the subrogation right of the latest towards third
parties, responsible for the damage. The customer is held responsible by the
organizer for the detriment of the subrogation right.
At the moment of the booking, the customer will also communicate, in writing,
to the organizer the details needed which might possibly be part of specific
agreements, such as journey instructions, provided their accomplishment is
possible.
12. Hotel classification
The official classification of hotel properties is given in the in the information
material, in case it will be explicitly and formally pointed out by the competent
authorities of the country in which the service is supplied. In absence of official
classifications recognized by the competent Public Authorities of the countries
members of the European Union, to which the service refers – with the aim of
pointing out in detail the quality characteristics of the hotel accommodations
offered and making the customer well aware of his choice – Italy my Way Srls
reserves the right to supply, its own quality evaluation of the receptive
structure.
13. Responsibility
The organiser is responsible for the damage caused to the customer because
of the total or partial default of the services described in the contract, either if
these are performed by himself or third-party suppliers, unless he proves that
the event depends on the customer (including initiatives taken by himself
independently, during the execution of tourist services), or on events not linked
with the supply of the services described in the contract, fortuitous events, act
of God, or by circumstances that the organizer itself might not reasonably
foresee or solve, on the basis of a principle of professional care. Under no
circumstances will the seller receiving the booking of the tourist package
answer for the obligations coming from the travel organization. However, the
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seller is solely responsible for the obligations coming from its intermediary
activity, in conformity with the responsibility limits fixed by the above-mentioned
laws or conventions. Italy my Way Srls, is also responsible for the privacy of
the consumer data, exclusively when these arrive on the database and not
during their transmission.
14. Compensation limits
Under no circumstances, the organizer compensation will be higher than the
compensation indemnities described by international conventions, with
reference to the performances whose non-fulfillment caused the responsibility,
that is the Warsaw Convention of 1929 about international air transportation,
the text modified at The Hague in 1955; the Berna Convention (CIV) about
railway transportation; the Bruxelles Convention of 1970 (CCV) about the
organizer responsibility. In any case, the compensation limit cannot exceed the
sum of 2,000 Germinal gold francs for property damage, fixed in article 13 no.
2 CCV, and 5,000 Germinal gold francs for any other damage”, as well as for
those fixed in art.1783 of Civil Code. In case of the change of these
conventions, or formulation of international new ones concerning the services
objects of the tourist package, the indemnity limits will be applied according to
the law in force at the moment of the unfortunate event.
15. Obligation of assistance
The organizer is obliged to perform assistance to the customer, on the basis of
a professional diligence principle, solely with reference to its obligations, or by
contract or law regulation. The organizer and the seller are exempted from
their responsibilities (art. 13 and 14), when the unsuccessful or wrong
execution of the contract depends on the customer or depend on an inevitable
or unforeseen able third-party event, or on a fortuitous or act by God event.
16. Complaints and charges
Every unsuccessful execution of the contract must be notified by the customer
on the very moment of its happening. In this way, the organizer or its local
representative can immediately find a remedy for it. The customer can make a
complaint by sending a registered letter, with receipt note, to the organizer,
within 10 working days from the date of the return to the place of the departure.
If complaints happen in the execution place of the tourist services, the
organizer has to assist the costumer according to art.13 in order to find a
prompt an equal solution. In the same way, even in case of complaint reported
at the end of the service, the organizer will have to provide and guarantee in
any case a prompt answer to the customer request.
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17. Insurance
It is highly recommended for each of the participants to submit s insurance
policy covering expenses deriving from the cancellation of the tourist package,
illnesses with special mention and lost luggage.
Participats further declare that he/she holds sanitary and travel insurance
coverage for any medical/sanitary expenses incurred while travelling (including
coverage for Covid-19) or, in any case, that he/she has received from the
Travel Agency suitable information regarding the need and recommendation
for taking out suitable travel insurance and regarding responsability in case
such insurance is not taken out.
18. Guarantee Fund
Italy my Way Srls has an insolvency and bankruptcy policy no.
40321512001820 TUA Assicurazioni
In case of insolvency or bankruptcy of the organizer, the customer can turn to
the “National Guarantee Fund For the Consumer of the Tourist Package”, in
accordance with the Ministerial Regulation n.349 of the 23 July 1999 for the
achievement of the following needs:
a) refund of the price paid for services entirely or partially not enjoyed;
b) repatriation, in case of journeys to foreign countries.
c) an immediate economic availability in case of forced return of tourists from
non-EC members, on occasion of emergencies due or not due to the
organizer’s behaviour.
A part from urgent circumstances, when is possible to address directly to the
competent diplomatic representations, to obtain the Found intervention a
written demand must be presented describing the situation, expenses, and
including the original travel contract and all the payments made, to the
following address: Ministero delle Attività Produttive, Direzione Generale per il
Turismo , Ufficio C1 - Tutela del Turista, Via della Ferratella, 51 00184 Roma.
e-mail: fondodigaranzia@tin.it – fax n. 06 773 – 626
Read on _____________
Name of the Agent/Client ______________
Signed _____________________________
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Clients further declare that he/she hold sanitary and travel insurance coverage
for any medical/sanitary expenses incurred while travelling (including coverage
for Covid-19) or, in any case, that he/she has received from the Travel Agency
suitable information regarding the need and recommendation for taking out
suitable travel insurance and regarding responsability in case such insurance
is not taken out.
Read on _____________
Name of the Agent/Client ______________
Signed _____________________________
PRIVACY ADDENDUM
The travel agency ITALY MY WAY (hereinafter also "ADV"), as data
controller, pursuant to art. 13 of the European General Regulations on
Protection of Personal Data 679/2016 (hereinafter the “GDPR”), provides the
following information about the processing of personal data that you, as an
interested party, have communicated to us:
a. for the organization of a tourist package;
b. to facilitate the purchase of related tourist services;
c. for intermediation in the purchase of a tourist package organized by third
parties or individual tourist services provided by third-party suppliers (eg
hoteliers, carriers,);
d. for intermediation in the purchase of ancillary financial services / insurance
and linked to packages / tourist services facilitated or purchased individually
(medical policies - baggage; annulment; assistance to the traveler in
difficulty; consumer credit financing);
e. to fulfill the task of issuing visas;
f. to register on our website and / or the app or fill out the forms on the
website or in the app;
Purpose and legal basis of the processing.
In addition, among the data provided by you there could also be some
personal data defined by the GDPR and by the Italian harmonization
legislation as "particular" (eg health, judicial). Sensitive data. The details will
be processed according to the purposes indicated below and only with your
express consent.
a) Purpose relating to contractual performance. Your personal data will be
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processed for the fulfillment of the obligations arising from the negotiation
and the contract related to the organization of the tourist package, or the
mandate to facilitate the purchase of related tourist services or the brokerage
mandate for the purchase of individual tourist services or in any case for the
execution of obligations arising from all contractual relationships, including
the phase of negotiations, indicated in the previous letters. a) to f), in order to
enable the ADV to optimally deliver the performance in particular for:
i the conclusion, management and execution of the contractual relationships
between you and the ADV;
ii. answer your requests;
iii. the communication of notices, relating to the package or services
purchased tourists or other additional services and accessories (eg
information on the purchased tourist services; contractual conditions;
cancellations);
b) Purpose of the law. Your personal data will also be processed for:
i the execute legal obligations, regulations, national, EU and international
regulations or deriving from provisions issued by Authorities legitimated by
the law; ii. ascertain, exercise and / or defend in litigation, including judicial, a
right to ADV;
iii. fulfill the obligations envisaged in the fiscal and accounting fields;
iv. fulfill obligations related to the safety and health regulations of travelers;
v. fulfill obligations related to passenger and freight transport regulations.
c) Purposes related to the business and statistics. Your personal data will
also be processed for purposes relevant or relevant to the activity carried out
by the ADV and for the anonymous pro- cessing of statistics that is market
research.
d) Additional purposes. Furthermore, if you expressly consent to it, your
personal data will be processed for the following purposes: Marketing
purposes , which include:
a. promotional activities of the ADV, and / or commercial partners, realized
both with automated methods (eg email, text messages, applications for
instant messaging, etc.) and with non-automated methods (eg postal mail,
telephone with operator, etc.). In particular, the ADV will be able to use your
email address, provided at the time of purchase tourist packages or services,
to transmit informative and promotional communications related to the
services and similar products offered by the ADV and / or by commercial
partners without your consent, provided you do not object to such use.
The business partners belong to the following product categories:
a. accommodation activities;
b. airlines / shipping companies; railway carriers; vectors on rubber; c. travel
agencies and travel agency networks;
d. insurance.
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b. profiling activities, ie analysis of your travel preferences and market
research in order to improve the services offered and the commercial
information presented by us, making them more compliant with your
interests. This activity can also take place through the administration of
satisfaction questionnaires and / or the use of profiling cookies used while
browsing our sites and apps.
The treatment for marketing purposes (therefore both for promotional and
profiling activities) can only take place with your consent.
Nature of the provision of data and consequences of any refusal.
The provision of your personal data is optional, however, in the absence of
the data required for the purposes indicated in points a) and b) (purposes
related to the provision of contracts and by law) the performance no request
or part of it cannot be executed and you will not be able to take advantage of
the opportunities mentioned above.
The provision of optional data will allow ADV to improve the services offered
in order to make them more and more responsive to the personal interests of
its customers.
The provision of sensitive / particular personal data is voluntary; however, in
the absence of such consent, the ADV may not be able to comply with
certain contractual obligations related to processing of such data.
Categories of recipients of personal data.
Your information will not be disseminated. Your data may be communicated,
exclusively for the purposes mentioned above, to the following categories of
subjects: • the internal staff of the ADV, as the person in charge and / or in
charge of the processing;
• to the suppliers of tourist services included in the packages sold, or who
lend the connected or individual services purchased at the ADV;
• to insurance companies that lend the accessory covers and connected with
the packages and tourist services purchased;
• persons, companies, associations or professional firms that provide
services or activities of assistance and advice in favor of the ADV in order to
protect their own right (for example, trade
lists, lawyers, tax advisors, auditors, consultants in the field of auditing or due
diligence , etc.);
• persons, companies, or agencies that provide marketing and analysis
services or consultancy services in favor of the ADV;
• subjects to whom the right to access your data is recognized by provisions
of law and secondary legislation or by provisions issued by Authorities
legitimated by the law, including the airport, port, customs and border
authorities.
Transfer of personal data outside the European Union.
Your personal data may be transferred abroad to third party companies
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belonging to the European Union or not, always for the purposes indicated
above.
In the event of data transfer to countries outside the European Union, these
countries will ensure an adequate level of protection based on a specific
decision of the European Commission or alter- natively, the recipient will be
contractually obliged to protect data with an adequate level comparable to
the protection provided by the GDPR.
Storage of personal data.
Personal data will be stored for a period not exceeding that necessary to
achieve the purposes for which they were collected and subsequently
processed. The data lost will be kept for the duration of the contract you have
concluded and also for a later period:
i within the terms established by the current legislation;
ii. within the terms established by the secondary legislation that require data
retention (for example, tax returns);
iii. within the period necessary to protect the rights of the data owner in the
event of any disputes related to the provision of the service.
Personal data collected and processed for profiling purposes will be kept for
a maximum period of ten (10) years after which they will be automatically
deleted or made anonymous in permanent way.
Data Controller and Data Processors.
The Data Controller is the Travel Agency Italy my Way , located in Florence,
Italy .legal representative Nadia Colaiuda .
Data Protection Officer (RPD or DPO) Amedeo Marangolo.
At any time, pursuant to arts. 15 to 22 of the GDPR You have the right, also
in relation to the profiling activity, of:
● ask the holder for access to your personal data and information relating
thereto; the correction of inaccurate data or the integration of incomplete
data; cancellation of personal data concerning you (upon the occurrence of
one of the conditions indicated in Article 17, paragraph 1 of the GDPR and in
compliance with the exceptions provided for in paragraph 3 of the same
Article); the limitation of the processing of your personal data (upon the use
of one of the hypotheses indicated in Article 18, paragraph 1 of the GDPR);
● request and obtain from the holder - in the cases in which the legal basis of
the treatment is the contract or consent, and the same is done by automated
means - your data personal data in a structured and readable format by
automatic device, also in order to communicate such data to another data
controller (so-called data portability right)
● oppose at any time the processing of your personal data to the occurrence
of particular situations that affect you;
● withdraw consent at any time, limited to the cases in which the processing
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is based on your consent for one or more specific purposes and concerns
common personal data
(eg date and place of birth or place of residence), or particular categories of
data (eg data revealing your racial origin, your political opinions, your
religious convictions, the state of health or sexual life). The treatment based
on consent and carried out prior to the revocation of the same preserves,
however, his lawfulness;
● propose a complaint to a supervisory authority (Authority for the protection
of personal data - www.garanteprivacy.it).
Consent to treatment
A) Having read the above information, I hereby consent to the processing, in
accordance with the methods indicated, of my personal data for the purposes
indicated in points a) and b) (purpose related to the performance contractual
and legal)
□ I consent
□ I deny consent
B) Having read the above information, I hereby consent to the processing, in
accordance with the methods indicated, of my personal data for the purposes
indicated in point c) (purposes related to business and statistics)
□ I consent
□ I deny consent
C) Having read the above information, I hereby consent to the processing, in
accordance with the methods indicated, of my personal data for the purposes
indicated in point d) (marketing purposes)
□ I consent
□ I deny consent
DATE, LOCATION, SIGNATURE BY THE CLIENT OR TRAVEL AGENT ON
CLIENTS’ BEHALF
Read on _____________
Name of the Agent/Client ______________
Signed _____________________________