Terms and Conditions

General Contract Conditions for Travel Packages/Services

1) INTRODUCTION, DEFINITION OF TOURIST PACKAGE
Pursuant to art. 34 Legislative Decree No. 79 of 23 May 2011 (hereinafter "Tourism Code"), tourist packages are "all-inclusive" trips, holidays, and tours resulting from the combination, by anyone and in any way, of at least two of the following elements, sold or offered for sale at a fixed price:

• a) transportation;
• b) accommodation;
• c) tourist services not ancillary to transportation or accommodation (omitted) that constitute a significant part of the "tourist package".

The Consumer, hereinafter also referred to as the "Customer" or "Traveler Customer", has the right/duty to receive/sign the Travel Contract from/with the selling Agency pursuant to art. 35 of the Tourism Code.

2) PAYMENTS
At the time of booking, the Customer is required to pay the selling agency a deposit equal to 30% of the total cost of the stay, in addition to the balance of any additional costs such as ferry, insurance, rental, etc.
The balance must be paid at least 21 days before the start of the trip.
For bookings made within 21 days of the start of the trip and for offers with a "Non-Refundable" rate, the Customer is required to pay the full amount at the time of booking. Failure to pay the above amounts by the established dates constitutes an express termination clause that may result in the intermediary agency and/or organizer's right to terminate the contract.

3) RESERVATIONS
Reservations will be considered finalized upon written confirmation from OFFICINA dei VIAGGI T.O. to the traveling customer of the deposit, with subsequent conclusion of the contract, only when the organizer sends the relevant confirmation, including electronically, to the customer directly or to the selling travel agency.

4) ORGANIZER CHANGES
The information, descriptions, promotions, offers, seasonality, and rates shown on this website are considered accurate, errors, omissions, and updates excepted. OFFICINA dei VIAGGI T.O. reserves the right to communicate any changes at any time. Should force majeure make it necessary, OFFICINA dei VIAGGI T.O. reserves the right to substitute the accommodation and/or location. The traveler must communicate in writing to OFFICINA dei VIAGGI T.O. their choice to cancel or opt for the alternative package no later than 2 days after receiving the alternative proposal. Failure by the Customer to accept any changes will commit OFFICINA dei VIAGGI T.O. solely and exclusively to refunding the amounts collected within 7 working days of the Customer's notification.

5) CUSTOMER CHANGES
For any changes requested by the Traveling Customer after booking, a flat fee of €30.00 will be charged, plus any penalties imposed by the booked service provider (shipping companies, rental companies, etc.).

6) CUSTOMER OBLIGATIONS
Participants must have valid travel documents for all countries included in the itinerary, as well as any required residence and transit visas and health certificates. They must also comply with the rules of common prudence, diligence, and respect, as well as with the specific rules in force in the destination countries, all information provided by the organizer, and any regulations and administrative or legislative provisions relating to the travel package. Participants will be held liable for any damages the organizer may suffer as a result of their failure to comply with the above obligations. The consumer is required to provide the organizer with all documents, information, and evidence in their possession that are useful for exercising the latter's right of subrogation against third parties responsible for damages, and is liable to the organizer for any damage caused to the right of subrogation. The consumer will also communicate in writing to the organizer, at the time of booking, any specific personal requests that may be the subject of specific agreements regarding the travel arrangements, provided that they can be implemented.

7) ASSIGNMENT
A traveler who is unable to take the booked trip may assign their reservation to a person who meets all the required travel conditions. The assignor must notify OFFICINA dei VIAGGI T.O. by registered mail with return receipt or certified mail, which must arrive no later than 7 working days before the start of the stay, indicating the transferee's personal details. The transferring traveler and the transferee are jointly responsible for the payment of the price as well as for any additional expenses arising from said transfer, which are quantified at €50.00.

8) CANCELLATION
In the event of withdrawal from the travel contract, the traveler will always be required to pay the following penalties:

• – 30% of the total amount from the date of written confirmation from OFFICINA dei VIAGGI T.O. up to 21 days before the start of the stay
• – 50% of the total amount from 21 to 14 days before the start of the stay
• – 75% of the total amount from 14 to 7 days before the start of the stay
• – 100% of the total amount if later. This latter penalty is also valid if the Customer interrupts a stay already started.

In the event of cancellation of ferry tickets, the Traveling Customer, in addition to the booking fee, will always be required to pay the penalties imposed by the shipping companies. For bookings that include cancellation insurance coverage (see the "Insured Holidays" conditions), the Traveler must contact the Insurance Company directly following the procedures described in the "Insured Holidays" conditions, releasing the Organizer from any liability attributable to the Company.

9) CONDITIONS FOR APARTMENT AND/OR RESIDENCE BOOKINGS The property is rented as a temporary and secondary residence during the summer holiday period. The parties agree that this contract is expressly concluded for this purpose, excluding any other.

10) PRICES
Prices include the rental of the property, complete with furniture, accessories, and essential services for a short vacation stay. Prices include VAT. For utilities (electricity, water, gas, final cleaning, damage deposit, and/or other services), see the specific conditions for each property (Please Note). Under no circumstances will the property be occupied by more people than the number of beds available.

11) DELIVERIES
Unless otherwise indicated, apartments will be available between 4:00 PM and 7:00 PM on the day of arrival and must be vacated by 10:00 AM on the day of departure in excellent condition, particularly the kitchen and bathrooms. If, due to force majeure, your arrival is delayed, please notify the Agency.

12) DEPOSIT
A damage deposit is required upon arrival. This deposit will be refunded at the end of your stay after an inspection of the apartment, subject to a deduction for damages or failure to clean the kitchenette (€35).

13) FAILURE TO DISPOSAL WASTE
Waste disposal is not included in the final cleaning service; it is the sole responsibility of guests, who must follow the rules and schedule for door-to-door waste collection. On the day of check-out, if guests are unable to dispose of their waste at the designated recycling centers, €50 will be deducted from the security deposit.

14) COMPLAINTS
In the event of any complaints regarding the services received, the customer is requested to immediately contact OFFICINA dei VIAGGI T.O.. The traveler may also submit a written complaint by registered mail to the organizer no later than 10 working days after the conclusion of the trip booked with OFFICINA dei VIAGGI T.O.. In order to ensure that the reported inconvenience is properly verified and can be promptly resolved, OFFICINA dei VIAGGI T.O. must be informed immediately upon its occurrence.

15) COMPENSATION LIMITS
The compensation owed by the organizer for personal injury cannot, in any case, exceed the compensation provided for by international conventions with reference to the services whose failure to perform gave rise to the organizer's liability: specifically, the 1929 Warsaw Convention on International Carriage by Air, as amended at The Hague in 1955; the Berne Convention (CIV) on Rail Carriage; and the 1970 Brussels Convention (CCV) on Travel Contracts for any case of liability of the organizer. In any case, the compensation limit cannot exceed the amount of 2,000 Germinal Gold Francs for damage to property as provided for by art. 13, no. 2, CCV, and 5,000 Germinal Gold Francs for any other damages and for those established by art. 1783 of the Civil Code.

16) LIABILITY
The organizer is liable for damages caused to the consumer due to total or partial non-performance of the contractually due services, whether performed by the organizer himself or by third-party service providers, unless he can prove that the event was caused by the consumer (including initiatives undertaken independently by the consumer during the performance of the travel services) or by circumstances unrelated to the provision of the contractually stipulated services, by unforeseeable circumstances, by force majeure, or by circumstances that the organizer could not, according to professional diligence, reasonably foresee or resolve. The seller through whom the travel package was booked is not liable under any circumstances for obligations arising from the organization of the trip, but is solely responsible for obligations arising from its role as an intermediary and, in any case, within the limits of such liability established by the laws or conventions cited above.

17) OBLIGATION TO PROVIDE ASSISTANCE
The organizer is required to provide the consumer with the assistance measures required by professional diligence exclusively with respect to its obligations under the law or the contract. The organizer and the seller are exempt from their respective liability (Articles 13 and 14) when the failure or improper performance of the contract is attributable to the consumer or is due to an unforeseeable or unavoidable act by a third party, or to a fortuitous event or force majeure.

18) CIVIL LIABILITY INSURANCE
To cover the risks to persons arising from participation in travel or accommodation programs, as well as to guarantee the proper fulfillment of the obligations undertaken towards customers, OFFICINADEIVIAGGI.T.O. has taken out insurance policy 1/39482/122/781682731 dated August 3, 2021, with the insurance company UNIPOL SAI pursuant to Article No. 86 of Regional Law No. 42 of March 23, 2000, and No. 14 of January 17, 2005.

19) GUARANTEE FUND
The travel packages sold under the contract governed by these general conditions are backed by the following guarantee for the refund of the price paid for the purchase of the travel package and the immediate return of the tourist, in the event of insolvency or bankruptcy of the intermediary travel agent or organizer, pursuant to the provisions of paragraph II or III of Article 50 of Legislative Decree No. 79 of 23 May 2011: Guarantee Policy XXXXX No. XXXX of XX/XX/XXXX.

20) JURISDICTION
For any disputes or controversies, the Court of the district of Livorno will have exclusive jurisdiction.

21) CONSENT TO THE PROCESSING OF PERSONAL DATA
All personal data will be processed in full compliance with the provisions of Legislative Decree No. 196/2003 and used exclusively to complete the formalities related to bookings and to send our advertising material. Customers have the right to modify, supplement, and request deletion of the personal data provided.
Technical organization:
OFFICINA dei VIAGGI T.O. di Gentini & C Srl - Via Sghinghetta, 3 - 57037 Portoferraio (LI)
REA LI-153105 - VAT and Livorno Company Register No.: 01731900492

GENERAL CONTRACT CONDITIONS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES

REGULATORY PROVISIONS:
Contracts relating solely to the provision of transportation services, accommodation, or any other separate tourist service, which cannot be considered a contractual arrangement for travel or a tourist package, are governed by the following provisions of the CCV: art. 1, no. 3 and no. 6; Articles 17 to 23; Articles 24 to 31, with regard to provisions other than those relating to the organization contract and other agreements specifically relating to the sale of the individual service covered by the contract.

CONTRACT CONDITIONS:
The following clauses of the general conditions of sale of tourist packages listed above also apply to these contracts: Article 4, paragraph 1; Article 5; Article 7; Article 8; Article 9; Article 10, paragraph 1; Article 11; Article 15; Article 17. The application of these clauses in no way determines the classification of the relevant contracts as tourist packages. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, trip, etc.) should therefore be understood with reference to the corresponding figures in the contract for the sale of individual tourist services (seller, stay, etc.). Information pursuant to the law. Mandatory disclosure pursuant to Article 16 of Law 269/98. Italian law punishes crimes related to prostitution and child pornography with imprisonment, even if committed abroad. Respect for children knows no borders.