TERMS AND CONDITIONS
All the Travel Packages and Travel Offers and Services presented in www.viaggisport-world .net are distributed by: VIAGGIANDO AD OCCHI APERTI SAGL // Via Bartolomeo Varenna, 23 // Locarno, Switzerland 6600 // IDI number: CHE-486.360.701
VIAGGIANDO AD OCCHI APERTI SAGL is an intermediary for the sale of Travel Packages or as an organizer (and therefore a supplier) of the same.
“Tour Operator”: Sales service, brokerage or organization of Travel Packages
“Travel Packages”: pursuant to article 34 of Legislative Decree 79/2011, such offers must be understood as those relating to travel, holidays, tourist cruises, all-inclusive circuits, sold or offered for sale at a fixed price, resulting from the combination of at least two of these elements: transport, accommodation or tourist service not ancillary to transport and accommodation which constitutes a significant part of the package. (Article 36 of Legislative Decree 79/2011).
“Supplier“: one who makes available the Travel Packages on the site. Viaggiando ad Occhi Aperti SAGL can take the title of Supplier if it does not operate as a simple intermediary.
“Consumer“: one who buys a Travel Package on the Viaggiando ad Occhi Aperti SAGL subdomain. Registration to the Site is not necessary for the purchase of a package.
Consumer obligations
The behavior requested by the User is therefore the same as provided in these Terms and Conditions. The Consumer warrants for the truthfulness of the personal information it has entered on the site.
The Consumer accepts the cancellation policies of each Suppliers, which will apply to any reservation made.
The Consumer is entitled to stipulate insurance relating to the trip. For example, it can protect itself in case of cancellation of the trip and / or loss of baggage.
Supplier obligations
The Supplier is bound by the information contained in the Announcement on the site and must ensure that the Service that it will offer the Consumer respects the given description, without prejudice the possibility of subsequent amendments of the Agreement, drawn up in writing and accepted by the Consumer.
The Supplier must provide precise information pertaining the destination, date and duration of the trip; amount to be paid at the time of reservation ; means, characteristics and types of transport, precise indications on date, place and time of departure; detailed information on accommodation (where provided for in the package), terms for complaints.
If the Supplier does not obtain the sufficient number of adhesions specified in the Announcement, the Supplier will be obliged to reimburse the amount paid by the Consumer, except for the price of any air ticket, which will remain completely at the expense of the latter.
No other type of additional compensation is provided if the cancellation due to failure to reach the minimum threshold has been notified in writing to the Consumer at least five (5) days before the scheduled departure date.
There is no provision for any additional compensation in the event that the cancellation is due to force majeure, that are understood to be those causes that made it impossible to realize the offer contained in the Travel Package and that the Supplier could not avoid or foresee using normal diligence.
The applicability of the Supplier’s own conditions is excluded if they make the position of the Consumer less advantageous.
On the other hand, conditions more favorable to the Consumer are freely applicable.
Price
The price indicated in the payment phase is to be considered binding for the Supplier.
The Supplier must indicate in detail the services that the price includes, anything that is not foreseen is considered as not included.
The Price does not include visas, airport taxes, vaccination certificates, optional excursions, tips and, in general, any items not specifically included in the list of what includes the Travel Package.
The Price accepted by the Consumer is deemed to be unmodifiable after the purchase of the Package.
By way of derogation from this, the possibility of a change in the price can be admitted if factors such as the cost of transport, the cost of fuel, airport or port fees or fees or the exchange rate change.
Any changes to the Price that occurred after the purchase of the package must be notified to the Consumer in writing or by any other means that allows confirmation of receipt.
The Consumer, upon receipt of notification of the change, has the right to accept or (if the variation exceeds 10%) terminate the Agreement without the application of any penalty.
Twenty (20) days before the scheduled departure date, the Price becomes immutable and any modification is null.
Consumer withdrawal
The withdrawal of the Consumer which occurs due to force majeure does not include cancellation costs. For all the remaining cases (we speak of “voluntary withdrawal” by the Consumer), cancellation fees are established by each Supplier in relation to the cost of the package and duly indicated in the Announcement on the website owned by Viaggiando ad Occhi Aperti SAGL and / or at the time of acceptance of the Travel Proposal and Travel Confirm.
The Consumer who decides to interrupt the enjoyment of the Travel Package without any supporting reason is not entitled to any type of reimbursement.
Management of default
In case of default, the travel organizer and the Supplier are held responsible, which may sometimes coincide according to their respective responsibility in the specific case.
Viaggiando ad Occhi Aperti SAGL, if acting as a mere intermediary, has no responsibility for the breach.
The Consumer must immediately challenge any failure in the execution of the Travel Proposal and Confirm so that the Supplier can remedy promptly.
If it is not possible to solve the default or the alternative solution is refused by the Consumer, the latter is obliged to file a written complaint (by means that guarantee proof of receipt) within and no later than thirty (30) days.
Transfer of the Travel Proposal and Confirm
If the Consumer can no longer exploit the purchased Travel Package, he/she retains the possibility of transferring its Travel Proposal and Confirm to a third party without incurring the payment of the penalties envisaged for withdrawal.
The Consumer must disclose the reasons and indicate the identity of the third party to whom the Travel Proposal and Confirm is assigned.
If the Travel Package includes an air ticket, the latter cannot be transferred to third parties.
If a specific Package requires particular characteristics (for example age limits), it will be the responsibility of the Consumer to transfer the Travel Proposal and Confirm to a third party that satisfies these characteristics; otherwise the transfer can be denied.
Changes to the Travel Package
The Supplier must indicate in the announcement any changes that may be affected by the Travel Package, always ensuring that the nature of the Package is not altered.
In the event that significant changes are made to one or more elements of the Travel Proposal and Confirm before departure, the Supplier is required to notify the Consumer in writing immediately.
Within two (2) days from the date of receipt of the communication, the Consumer has the right to withdraw from the Travel Proposal and Confirm without paying any penalty or accepting the changes made.
In the event of withdrawal, the Consumer has the right to take advantage (where possible) of another Travel Package of equivalent or higher characteristics.
If the proposed Travel Package in substitution is of a lower value, then the difference in Price must be returned to the Consumer.
In the case that the Consumer does not accept the proposals put forward, it is entitled to receive within seven (7) working days the sums of money already paid and a sum of money equivalent to the damage caused by the non-execution of the Travel Proposal and Confirm, should these proposals be worth less than that initially purchased.
The Consumer loses the right, as outlined above, to receive sums of money if he does not accept an alternative proposal of equal or greater quality.
If the changes involving an essential part of the services contained in the Package are made after the date scheduled for departure, it is the Supplier’s responsibility to provide alternative solutions for the continuation of the journey.
If this is not possible, the Supplier must arrange the immediate return and repay the difference between the price paid and the services performed.
The changes described in the previous paragraphs do not involve Viaggiando ad Occhi Aperti SAGL in any possible way. In fact, if it acts as an intermediary, is not in fact required to any form of reimbursement or additional charge.
Travel Documentation
All Consumers are required to provide personal documentation valid and in compliance with the law of the country of destination.
Neither the Supplier nor Viaggiando ad Occhi Aperti SAGL can be held responsible for the non-granting of visas and / or permits for any reason.
Applicable Law
These Conditions of Use of the Travel Packages are regulated and interpreted in compliance with the laws of Switzerland.