GENERAL CONDITIONS OF USE AND SALE OF THE GO.TRUEITALIANEXPERIENCE.IT WEBSITE FOR THE ONLINE PURCHASE OF INDIVIDUAL SERVICES AND TOURIST PACKAGES.
Foreword
Definitions
Index of contents
1. Obligations of the user
2. Conditions of use
3. Website registration
4. Intellectual Property
5. Duration and nature of the offer
6. Prices, taxes and currency
7. Tourist package price review
8. Duration of the trip
9. Acceptance of booking
10. Payment and invoicing
11. Exclusion of the right of withdrawal
12. travel documents
13. Administrative and health formalities
14. minors
15. EU and non-EU citizens
16. special rules for destinations or stopovers
17. contract of sale of tourist package
18. hospitality contracts
19. transport contracts
20. Rental agreement
21. Other tourist service contracts
22. Responsibility
23. Cancellation or change of booking
24. withdrawal
25. Change or cancellation of the package before departure.
26. Assistance
27. Complaint
28. Insurance
29. Applicable law
30. Compulsory notification pursuant to article 17 of Law no. 38/2006
Foreword
The tourist services published on the website www.trueitalianexperience.it, which can be purchased through the e-commerce platform accessible at the address www.go.trueitalianexperience (hereinafter Website), and governed by these GENERAL CONDITIONS OF USE AND SALE FOR THE ONLINE PURCHASE OF INDIVIDUAL SERVICES AND TOURIST PACKAGES (hereinafter General Conditions) are offered by GATTINONI TRAVEL NETWORK SRL – SINGLE MEMBER COMPANY (hereinafter also GTN), in its capacity as exclusive professional.
GTN acts both as an intermediary in the sale of services and/or tourist packages offered by other suppliers/organisers and as an organiser in its own right, in accordance with all applicable laws and regulations.
The responsibility of GTN and the travel agency is governed by the rules set out below.
GTN is a company that operates in the tourism sector by carrying out:
- production, organisation and intermediation of travel and stays and all other forms of tourist services for customers with an innovative website for online bookings;
- booking of means of transport by land, sea and air, lake and river;
- booking of hotels and similar establishments;
- booking of tourist attractions, sports, recreational and adventure activities;
- booking of car rentals and other individual or collective means of transport.
By means of the Website, GTN provides the User - on the basis of requests and searches made online by the latter - with a proposal for a travel idea or services or tourist packages, against payment of a fee for the service offered.
Tourist packages are governed by the Tourism Code, specifically from articles 32 to 51- novies as amended by Legislative Decree 21 May 2018 no. 62 https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg, transposing and implementing EU Directive 2015/2302, referred to herein in full. Contracts concerning solely the transport service, solely the accommodation service, or any other separate tourist service, cannot be configured as a negotiated case of travel organisation or tourist package, do not enjoy the protections provided by the Tourism Code and the contractual conditions of the individual supplier will apply. Responsibility for the proper fulfilment of the contract lies solely with the service provider.
Company data:
GTN registered office: via Statuto 2, 20121 Milan (Mi)
Share capital: 1,000,000 Euros
VAT No. 02713750137 and Companies Register No. 1714486 of 10/12/2018
Holder of Travel and Tourism Agency Licence No. 21414 of 08/06/2006
Civil Liability policy: GTN has taken out a Professional Civil Liability policy with Unipolsai no. 170788218, in accordance with article 47, paragraph 2 of Legislative Decree 62/2018.
In the context of travel packages, travellers benefit from protection in the event of the insolvency or bankruptcy of the organiser or seller irrespective of their place of residence, the place of departure or the place of sale of the package, and irrespective of the Member State in which the entity responsible for providing protection in the event of insolvency or bankruptcy is established. To this end GTN, in order to fully comply with this obligation, for trips abroad and trips taking place within a single country, including trips to Italy, in cases of insolvency or bankruptcy in accordance with article 47 of the Tourism Code, has stipulated the Happy Holiday Fund which guarantees, at the request of the registered user/traveller, the refund of the price paid for the purchase of the package and the immediate return of the traveller in the event that the package includes the traveller’s transport.
Definitions:
Website: www.go.trueitalianexperience.it
Visitor: any consumer not registered on the Website.
User: a consumer registered on the Website.
Consumer: a person who concludes a contract for purposes which are outside his/her business, trade, craft or profession, if any.
Affiliated travel agency: point of sale affiliated to GTN
Unaffiliated travel agency: point of sale not affiliated with GTN.
Authentication Credentials: E-mail and password used by the user to access the Website.
Supplier: The companies contracted by GTN that provide the products that can be purchased online also through XML integration.
Provider: The actual provider of the service contracted by the Supplier or GTN.
Consumer/Traveller: Any person who intends to conclude a contract, enters into a contract or is authorised to travel on the basis of a contract for a tourist package or tourist service, including an associated one;
Professional: any public or private natural or legal person who, in the course of his trade, business, craft or profession, acts, in contracts for package tours or related tourist services, including through another person acting in his/her name or on his/her behalf, as an organiser, seller, professional facilitator of related tourist services or tourist service provider, within the meaning of the regulations in force.
Organiser: a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or a professional who transmits data relating to the traveller to another professional in accordance with article 33 letter c), number 2.4 of the Tourism Code.
Seller: the professional other than the organiser who sells or offers for sale packages combined by an organiser.
Customer (service): free assistance service provided during GTN’s working days and hours to Visitors and Users of the Website.
Concierge (service): support for the online booking of services and tourist packages, provided during GTN’s working days and hours, and supplied only to Users of the Website if expressly requested by them. A Concierge Fee is charged for the provision of the service, which may be quantified by the Concierge Operator on a case-by-case basis according to the complexity of the request.
Travel Ideas: are purely indicative proposals made available on the Website by GTN, relating to both individual services and web packages, which can be reworked and modified by the User where available. The User may choose to save his/her own research carried out on the Website as “travel ideas” knowing that no service included in the saved travel idea is optional. Users may retrieve saved travel ideas from the Website in order to:
- check the updated availability, costs and applicable rate rules of the services included at the time of the new search;
- edit and requote the previously saved travel idea;
- proceed to purchase after re-quoting and checking availability of services
Web packages: the tourist packages proposed as personalised travel ideas and re-arranged by the User or freely combined by the User, who has the opportunity to modify the services by selecting different solutions proposed on the Website, before confirming his/her booking
Shopping cart: services or packages selected by the User after performing one or more searches on the Website
Summary (page): this is the page with the summary of the services placed in the shopping cart selected by the User, including the total price of the services, the method (deposit or balance) and the payment terms.
Durable medium: any instrument which enables a traveller or professional to store information addressed personally to him/her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
Unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
Lack of conformity: a non-performance of the tourist services included in a package.
Minor: a person under the age of 18 who does not have the capacity to act and to enter into contracts and other legally valid transactions independently.
Return: the return of the traveller to the place of departure or to another place agreed upon by the contracting parties.
Booking: Order placed through the Website.
Charter flight: Flight provided by an airline with an aircraft chartered by the Tour Operator; this type of flight is not included in the list of flights regularly operated by an airline. Also known as an ITC flight. The schedules of these flights are generally not known at the time of purchase, particularly for flights chartered to certain tourist destinations during a specific period, with one or more stopovers if the flight plans and schedules are confirmed no later than 24 hours before departure.
Scheduled flight: Flight operated regularly by a scheduled commercial airline.
Low-cost flight: Flight operated regularly by a low-cost airline that limits the services included on the ground and in flight and provides services against payment (including but not limited to: hand and hold baggage, meals and drinks on board, seat assignment, pets) some of which cannot be purchased from the website but only by contacting the carrier and according to the carrier’s own rules, to which reference should be made for the general conditions of sale and carriage.
1. OBLIGATIONS OF THE USER
The User is required to register in order to purchase services/packages or to save travel ideas created or personalised by him/her. Access to the Website constitutes acceptance of all the terms and conditions, which regulate its use with particular regard to what is provided below. The User acknowledges that the booking and purchase of tourist products and services made by him/her through the Website will be regulated by these general conditions of sale.
The User guarantees the truthfulness, accuracy and updating of the information provided by him/her in his/her own name and on behalf of all the beneficiaries of the services booked on the Website and for whom he/she is the representative, to whom these general terms and conditions of sale apply in their entirety. It is the User’s responsibility to check that the information entered is correct and, if necessary, to amend it before completing the booking. The names and surnames of the participants must necessarily coincide with those appearing on their identity documents and required to undertake the trip.
Liability cannot be attributed in any way to GTN if the information provided by the User at the time of registration and/or order (name, postal address, e-mail, telephone, and any other data required by the respective suppliers/providers to allow the completion of the online booking etc.) is false or incorrect.
The User undertakes to preserve the confidentiality of his/her access credentials and not to communicate them in any way to third parties, and to prevent unauthorised third parties from accessing them. The User assumes responsibility for any damage and for any economic consequences resulting from the use of this Website with his/her password or from the use of the User’s passwords by third parties. GTN reserves the right to refuse at any time the possible booking requests of a registered User if there is evidence of fraudulent use of the Website by the User or by third parties.
2. CONDITIONS OF USE
These general conditions govern the use of the Website by the User and the sale of tourist services proposed in GTN’s electronic catalogues (by way of non-limiting example, flights, stays, tours, packages, activities, rentals, transfers, cruises) available on the Website.
The General Conditions constitute a binding agreement between GTN and the User who uses the Website to book and purchase the Services/tour packages. The User is also subject to the particular conditions applicable to the individual Services (including, among others, the details of the destination, the date of departure and the duration of the trip, the price, the applicable rate rule, the applicable taxes, including local taxes, where these cannot reasonably be calculated prior to the conclusion of the contract, but which the User may still have to bear on-site and which are not specified in GTN’s online catalogues because they cannot be prepaid.
The User can check the amounts that cannot be prepaid directly on the websites of the suppliers/institutions. These special conditions form an integral and substantial part of the contract between GTN and the User.
Use of the Website, bookings and purchase of Services are subject to acceptance of these General Conditions by the User.
The User must therefore read and expressly accept the General Conditions and any special conditions applicable to individual Services, by ticking the appropriate box or clicking on the constantly updated hypertext link provided for this purpose and made available before starting any search. In the absence of acceptance of the General Conditions and any special conditions applicable to individual Services and packages, including web packages, it will not be technically possible to confirm the booking and purchase of such Services/packages.
The General Conditions provide for different rules depending on whether the User buys the Services as a whole or as part of a “tourist package”.
The General Conditions may be amended at any time, without prior notice, on the understanding that such amendments will not be applied to orders placed by the User prior to the amendment. Therefore, the User must carefully read the current text of the General Conditions before booking and purchasing Services or packages on this Website by clicking on the hypertext link available before starting any search.
3. WEBSITE REGISTRATION
The User, if acting as a natural person, declares that he/she is at least 18 years of age and has the capacity to act in order to be bound by these general terms and conditions of sale, which he/she declares that he/she understands and fully accepts.
The reference regulatory sources are Legislative Decree 9 April 2003, no. 70, act of transposition into Italian law of Directive 2000/31/EC “on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market” and Legislative Decree 6 September 2005, no. 206 - Consumer Code.
The visitor may freely consult the Website. In order to make purchases on the Website or save his/her research as a travel idea, the Visitor must first register by filling in the form accessible from the home page of the Website, by clicking on the register icon, with his/her personal data.
All data will be processed in accordance with EU Reg. 2016/679, full informatory notice available during registration on the Website.
The User will also be asked to enter his/her e-mail address and to enter a secret password. After registration, the User will receive a welcome email containing the user code (“User Code” corresponding to the email address entered) to confirm the successful registration to the email address provided by the User during registration. The User undertakes, with due diligence, not to communicate or pass on to third parties the access credentials to his/her personal area and to keep them, safeguard them and keep them secret.
The e-mail address and password will serve as authentication credentials (“Authentication Credentials”) to be able to access all the functions granted to a User of the Website.
The User represents and warrants that all personal data and information provided as part of the registration process is up to date, complete, true and correct. The User undertakes to promptly update any changes to their registration data on the Website.
The User shall be solely responsible for his/her Authentication Credentials both in terms of their storage and use. If the User becomes aware of any unauthorised use of the Authentication Credentials and/or any violation of the secrecy of the password, he/she must promptly inform the owner of the Website (Trueitalian Experience S.r.l., via Conti 7 - 42020 San Polo d’Enza (RE), e-mail: security@trueitalianexperience.it) of the situation in writing.
All operations carried out using the Authentication Credentials are considered to have been carried out by the registered User to whom the Authentication Credentials refer.
The owner of the Website reserves the right, at its own discretion and at any time, to:
- terminate the contract with the User in the event of improper use of the Website or use contrary to the general conditions;
- refuse registration or delete existing Authentication Credentials, with simultaneous deletion of the profile, without any obligation to communicate the reasons for such decisions or any right to indemnity or compensation.
The owner of the Website also states that:
- it is not liable for any damages, claims or losses, direct or indirect, regarding the User as a result of the failure and/or defective functioning of the Website or the electronic equipment of the Users themselves or of third parties (including Internet Service Providers);
- it cannot be considered in default towards the User, nor be liable for any damages in the event of the impossibility of providing the electronic services linked to the Website or in the event of the impossibility of accessing the Website due to the malfunctioning of the electronic means of communication for reasons beyond its sphere of control (such as, for example, the unavailability of telephone connection lines or other network service providers, the malfunctioning of the User’s computers and other electronic devices, the malfunctioning of software installed by the User, as well as the actions of other users or other persons with access to the network);
- it may suspend and disconnect the Website, permanently or temporarily, without being liable to the User;
- it is not responsible for hypertext links to websites managed by third parties other than GTN, possibly contained on this Website, which are provided for information purposes only and the inclusion by GTN of hyperlinks to such websites does not imply any acceptance of the material published on such websites or any relationship between GTN and the operators thereof.
4. INTELLECTUAL PROPERTY
All content on this Website is of a creative nature and is an intellectual work of a multimedia nature. By accessing and using the Website, the User acknowledges that the Website as a whole and its content are protected by copyright law. Consequently, the User accepts and undertakes not to copy, export, reproduce, alter or modify the information, content, software, products and services (in particular the travel concept and tourist packages provided), graphics and images on the Website. The images on this Website are provided for the sole purpose of viewing and may not be saved or downloaded in any format. The User accepts and undertakes not to violate the measures adopted to limit or prevent access to its Services; not to violate the security of the Services or attempt to obtain unauthorised access to the Services, or use false credentials to illegally access the Services. Access to and use of the Website does not grant the User any right and/or licence and/or assignment or ownership of copyright, trademark and/or other intellectual property rights in any other content or elements on the Website.
5. DURATION AND NATURE OF THE OFFER
The offers of services/tourist packages that can be consulted on the Website are valid and purchasable for the time they are displayed on the Website, and may vary in real time in terms of availability, price and rate rules. To confirm the selection in the shopping cart, during the name entry phase, the system performs a further check of all the services selected and informs the User of any changes in availability and/or price compared to what was previously displayed in the shopping cart, before the User can proceed with the purchase.
GTN aims to offer, through the photos and illustrations provided by the respective suppliers, a realistic view of the services proposed. The photos and illustrations shown in the descriptions are, however, purely illustrative,
are provided by the suppliers of the services proposed and may not reflect the conditions of the facilities and services at the time of booking as they are not constantly updated by the same suppliers/contractors. In any case, the aforementioned photos and illustrations do not bind GTN except to the extent that they indicate the category or level of services. The registered User is referred to the photos and descriptions of the services published by the actual providers of the same on their respective official sites. GTN does not guarantee the accuracy of the software, products, information and services published on its Website, in that they may contain typographical errors, typing errors or system inaccuracies; it is not responsible in the case of inaccuracies in the information relating to air, sea or road transport, accommodation facilities, hotel and other, and any other information, product or service present on the Website (such as, for example, video reproductions, photographs etc.).
6. PRICES, TAXES AND CURRENCY
With reference to the individual service, travel idea or tourist package, the price is understood to be the one indicated from time to time on the Website only if it corresponds to the result of a search carried out by the User, unless there is an obvious and recognisable error in the price.
The price of the services, travel ideas and packages that can be purchased on the Website varies depending on the period, the number of participants and the services selected. The actual amount depends on the products actually purchased and confirmed.
The price, availability and pricing rule applicable to services and packages may also change during the User’s purchase process.
Transport fares, by way of example, vary continuously and at any time, depending on occupancy and seasonality. In addition, it is possible for suppliers or carriers to make price changes between the booking request and the actual payment.
Before proceeding with the purchase, the final screen, called “summary”, relating to the purchase proposal shows the total price of the services selected by the User.
It is therefore specified that the final offer which constitutes the actual sale price is formulated only after the search and selection process by the User and more precisely only after having entered the names of the travellers and received confirmation of the booking of all the services both directly online and by email. It is essential that the User checks that he/she has received confirmation of all the services booked and only if he/she discovers any anomalies should he/she contact the GTN Customer Service.
The descriptions of the Services/Tourist Packages on the Website specify the services included in the price and any special conditions applied to these services.
All prices are expressed in Euros, unless otherwise stated and are inclusive of VAT. In accordance with the VAT regime for travel agencies (art.74ter of the Decree of the President of the Republic no. 633 of 26 October 1972), all invoices issued by GTN do not show the VAT collected on the services sold.
For services including accommodation and transport, prices are calculated according to the number of nights and not the number of full days. For rentals based on duration in hours, services included. Unless otherwise stated in the offer, prices do not include: (list by way of non-limiting example)
- the registration fee where applicable;
- insurance (only if not included);
- entry/exit taxes required by some countries, to be paid locally in cash, on arrival at destination or on departure;
- tax/tourist tax and/or any Resort Fee or similar;
- the surcharge applied on site by the accommodation in case of late check-out and early check-in (always subject to availability and reconfirmation by the accommodation facility)
- the supplementary fee in case of luggage (when not included) or excess luggage on transport or on domestic routes
- parking at the airport, port, railway station
- visas and the cost of completing administrative formalities when required by individual countries for entry
- the health formalities required for the trip (preventive vaccinations, any necessary pre-departure swabs, during the trip, before return according to the entry and exit rules adopted by each country, medical treatment, etc.).
- meals not included in the meal plan of the chosen accommodation, and those consumed during stopovers or on transport in general;
- beverages consumed at meals (if not already included in the chosen treatment) and those consumed during stopovers or on transport in general;
- special fees or additional services for children or infants to be paid directly during the provision of the service to the service provider;
- optional visits and excursions, entrance fees to museums and sites (where not already provided for and explained in the programme);
- paid activities (not generally purchased);
- personal expenses;
- tips that are compulsory in some countries or required for some specific types of services;
- customary tips to guides and drivers in general and particularly during tours or cruises;
- any additional insurance offered directly to the Traveller by the service provider;
- any surcharges for issuing rentals at a location other than the one where the vehicle was picked up, if this is permitted;
- any additional equipment on the rentals in addition to that provided (GPS, child seats, snow chains, etc.);
- any costs attributable to final cleaning (or similar) at the end of stays in accommodation other than hotels;
- any costs incurred by requesting extra beds in addition to those provided by the selected accommodation;
- taxes that may be imposed by the authorities and will have to be settled locally;
- anything not specified among the inclusions of purchased services.
7. TOURIST PACKAGE PRICE REVIEW
Pursuant to article 39 of the Tourism Code, the price of the tourist package is determined in the contract, with reference to that indicated on the Website after the conclusion of the tourist package contract. Prices may only be increased, by a maximum of 8%, if the contract expressly provides for this and specifies that the User has the right to a corresponding reduction in price, as well as the method of calculating the price review. If the price increase exceeds this percentage, the User may withdraw from the contract without penalty.
The price may be varied, either upwards or downwards, only as a result of changes in:
- transport costs, including fuel costs;
- dues and taxes relating to air transport, landing, disembarkation or embarkation fees at ports and airports;
- exchange rates applied to the package in question.
In any case, the price may not be increased in the 20 days preceding departure and the review may not exceed 8% of the original price.
In the event of a reduction in price, the organiser is entitled to deduct the administrative and management costs of the actual paperwork from the refund due to the traveller, for which he/she must provide proof at the traveller’s request.
8. DURATION OF THE TRIP
The duration of the services/tour packages/travel ideas includes:
- the day of departure from the time of the call at the airport/port/station if applicable;
-
- the day of the return journey until the time of arrival at the airport/port/station.
a. Overall prices are calculated on the basis of the total number of travellers, the number of rooms and the number of nights, not whole days.
b. For car rentals only, rental hours are counted.
c. Night means the period during which the room is available (indicatively from 14:00 on the day of arrival to 10:00 on the day of departure, for some particular establishments/locations different times may apply).
d. The first and last days are generally dedicated to transport when included.
e. Therefore, if, as a result of the schedules imposed by the airlines (or transport companies in general), the first and last day and/or night are cut short due to late arrival or early departure, no refund will be given. The same applies if the stay is extended.
f. No compensation shall be paid in the event of return on the day following the day stipulated in the contract.
g. If charter flights are involved, it is recommended to take this into account and organise oneself accordingly, both personally and professionally.
h. The User undertakes to notify GTN of particular personal requests in writing at the time of booking and therefore prior to the sending of the booking confirmation, including the need for assistance at the airport for persons with reduced mobility, a request for special meals on board or in the place of stay which may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them and in any case be the subject of a specific agreement between the traveller and GTN.
9. ACCEPTANCE OF BOOKING
The Website allows bookings to be made from the third day following the date on which the User does the search. It is not possible to do searches and bookings with a departure date before this date or after 11 months.
In order to conclude the contract of sale of services/tourist package, the User is required to
- start one or more searches, starting with a travel idea or using one of the search engines among those provided, by filling in all the fields provided;
- select his/her choices from the available results, which also display the price and, after registering, proceed to complete the booking by entering the names of the participants and any additional data where required, which prevents the continuation of navigation on the Website;
- before confirming and proceeding with the payment, take note of possible price variations indicated during the name entry process;
- click on the relevant box, confirming that he/she has read these terms and conditions. Acceptance of the terms and conditions has the value of a definitive booking, since it is an irrevocable proposal, from which it is not possible to withdraw, except as provided for in article 11 and without prejudice to the application of the cancellation and modification rights provided for;
- proceed, if requested, to payment, by clicking on the “pay” or similar button, of the non-refundable deposit or the balance;
- proceed with the payment of the balance within the deadline as outlined on the summary page;
- any errors found after the completion of the order and any expenses for correction will be entirely the responsibility of the User, GTN having no responsibility for the manual insertion of data during the booking by the User. GTN is exonerated from any responsibility regarding the data voluntarily supplied by the User, who undertakes to promptly inform GTN in the case of any variation relative to the same.
The booking made autonomously on the Website is understood to be accepted and confirmed by GTN only in the case in which the User has received confirmation of the booking of the services/package both directly online and by email. It is indispensable that the User ascertains the receipt of confirmation of all the services booked and, only in the case in which he/she finds anomalies, including the partial confirmation of the services selected, he/she must contact the GTN Customer Service.
10. PAYMENT AND INVOICING
Payment for purchases made on the Website may only be made by the User on the Website by means of:
- Credit card or prepaid rechargeable card belonging to the circuits indicated on the payment page at the end of the booking process. In order to proceed with the payment, the User is required to enter his/her credit card data, which will be processed in compliance with the provisions of Regulation (EU) No. 2016/679 and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018. The data will not be collected by GTN, but will be directly managed by the Credit Institution as autonomous Data Controller. GTN only receives a validation of the transaction from the Credit Institution;
- Paypal account;
- Irrevocable bank transfer (Sofort or Mybank).
a. At the end of the purchase, a booking confirmation e-mail will be sent to the e-mail address entered by the User when completing the traveller data;
b. For services purchased at a non-refundable rate, the immediate payment of the balance is due;
c. For services purchased at a reimbursable rate, the balance is due by the deadline indicated by the system on the summary page;
d. In the event that the summary includes both non-refundable and refundable services, or packages, and regardless of the number of services purchased (or included in the package), the amount of the non-refundable deposit will be charged at the time of booking. The amount and deadline for payment of the balance are always specified at the time of booking on the summary page;
e. The system sends two e-mail alerts, to the same e-mail address to which the booking confirmation was sent, 48 hours and 24 hours before the payment deadline (date) allowed for both the balance and the individual services purchased at a refundable rate. The deadline is understood to be by noon, Italian time, on the date indicated, if it is a working day, excluding Saturdays. If it is a public holiday, by noon (Italian time) on the last preceding working day. Failure to pay within the permitted time limit will result in the automatic cancellation of the services originally booked without the right to a refund of any deposit paid;
f. The User is solely responsible for the method of payment chosen, which can only be one of those proposed by the Website;
g. In the event that, after the completion of the order, the User discovers an error in the method selected, GTN may not be held responsible for this in any case and will not be obliged to refund part or all of the amount paid;
h. The User warrants that he/she is fully entitled to use the Credit Card or other payment method permitted by the Website that he/she is using for the purchase and that the method chosen gives access to sufficient funds to cover all the costs necessary for each transaction requested;
i. It is not possible to make a single transaction using more than one payment method. The debit authorisation given to GTN for the payment of the booking is irrevocable. It is therefore not permitted for the User to oppose the payment except exclusively in the case of fraudulent use thereof by a third party. Outside of this limited circumstance and regulated by law, in the event of opposition to payment, the credit card holder is guilty of fraud against the credit card issuer.
The right to object to payment may not override the exclusion of the right of withdrawal;
j. The invoice is issued and simultaneously sent electronically to the User by the 15th of the month following payment. The invoice is in the name of the individual who made the booking, i.e. the registered User, and the name on the invoice cannot be changed post-sale. Invoices are not issued to legal entities/VAT holders. The amount on the invoice indicates the total amount of the package, which may not under any circumstances be fragmented or made out to more than one person.
Important. In the event of a charge being made without a booking confirmation, the system will indicate “booking not confirmed” and the User will receive notification of the charge being made in accordance with the payment method selected. The User is entitled to a full refund of the amount charged. The refund will be made within 5 days using the same method of payment used by the User, who will be contacted by Customer Service for any possible alternatives.
11. EXCLUSION OF THE RIGHT OF WITHDRAWAL
Pursuant to article 47 paragraph 1 letter g. consumer code we inform you that the right of withdrawal is excluded in remote contracts. Pursuant to art. 41 paragraph 7 tourism code we inform you that the right of withdrawal is excluded in contracts negotiated away from business premises in cases of offers with rates significantly lower than competing offers. Therefore, the User who withdraws from the remote or off-premises contract with rates significantly lower than those of competing offers shall be subject to the cancellation penalties set out in the fact sheet. Pursuant to article 59 of the Consumer Code, Legislative Decree No. 206 of 6 September 2005, as amended by Legislative Decree No. 21 of 21 February 2014, the right of withdrawal is excluded in relation to contracts for the provision of accommodation, transport, car rental services, catering or services relating to leisure activities, if the contract provides for a specific date or period for the service. For this reason, the cancellation penalties set out in each individual service shall apply to the User who withdraws from the remote or off-premises contract.
12.TRAVEL DOCUMENTS
Upon confirmation of the booking, the User receives a summary of the booking by e-mail as well as, for information purposes, the transport timetables if included in the booked offer. These timetables may be subject to variation. Any variations, if communicated to GTN, will be communicated to the User by e-mail.
The travel documents, once the balance has been paid, can be downloaded in the form of electronic vouchers from the Website in the personal area by the User, for all participants included in his/her booking, or they are sent by e-mail to the e-mail address provided by the User as soon as they are available and, in any case, not before the balance has been paid.
The User acknowledges that the tickets are available and accessible in the personal area of the Website and must therefore take care to check their presence in the event that the supplier/customer asks for them.
In the event that the User makes a mistake in entering his/her own data (name, surname, e-mail, telephone, date of birth, identity document, etc.), or those of the participants in the trip, GTN declines all responsibility for the non-execution or incorrect execution of the trip due to the non-receipt of the travel documents or the refusal of services by the suppliers.
In the case of the purchase of packages including air transport, boarding passes are to be collected at the airport in the case of charter flights, unless indicated in the call. On the other hand, scheduled or low-cost flights and transport in general allow travellers to check in online directly on the websites of the respective carriers, printing their boarding pass in advance. For some carriers this procedure is obligatory prior to departure, it is the User’s responsibility to carefully read the notices published about such obligation on the
official websites of the respective carriers and to scrupulously follow the instructions included therein.
Given the variability of transport regulations, the User is invited to always read the conditions of carriage of the chosen carrier before departure.
13. ADMINISTRATIVE AND HEALTH FORMALITIES
It is the User’s responsibility to obtain the necessary and appropriate travel documents for the journey and to check for any changes in the relevant regulations (identity card, vaccination certificate, passport, green pass, and any other document valid for all countries covered by the itinerary, as well as residence visas, transit visas and health certificates that may be required). It is only possible to travel with a valid identity card or passport in good condition, depending on the country of destination. As a general rule, a valid passport is required for foreign destinations outside the European Union. By way of example, some countries require that the passport be valid for a minimum of three months and a maximum of six months after the date of return, that the passenger have a return ticket or exit ticket and sufficient funds for the period of stay and for repatriation. Similarly, in order to obtain an entry visa, some countries require the passenger to prove that he/she has taken out an assistance/repatriation insurance policy. The administrative and/or health formalities to carry out the journey can be consulted directly by the user on the following websites: http://www.viaggiaresicuri.it/, not forgetting the countries of stopover or transit countries, and the rules relating to covid 19, green passes and swabs and quarantines. For Italian citizens it is recommended to check the adequacy of their documents in advance by consulting the official Website of the state police: http://www.poliziadistato.it/articolo/1087 and the Website of the World Health Organisation www.who.int, and Easa https://www.easa.europa.eu/covid-19-travel-information. In particular, GTN invites the User of Italian citizenship to check, with the competent Authorities, the updating of documents, including those of minors, valid identity card or passport, visas, compulsory and/or recommended health treatments. The User is required to scrupulously comply with such formalities and ensure that the names and surnames indicated on the travel documents (bookings, tickets, vouchers) correspond exactly to those shown on the relevant identity documents, passports, visas, etc. GTN may not, therefore, be held responsible in the event of failure on the part of the User to comply with the aforesaid obligations, in particular in the event that the User or the participants for whom the registered User has made a booking on the Website are refused boarding or disembarkation or a penalty is imposed. Under no circumstances may GTN be charged for the costs and consequences resulting from failure to comply with the customs or health regulations of the countries visited. When the service includes visa fees, it is understood that GTN cannot be held responsible if the embassy of the country of destination refuses to issue a visa. GTN would like to remind you that the authorities of the country of destination remain the only ones authorised to authorise or deny access to their territory. In the event of a visa refusal, it is the User’s responsibility to contact the embassy of the country of destination directly to find out about recourse, if any, and what action to take.
In addition, in order to assess the socio/political security situation, health and any other useful information relating to the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the User is responsible for obtaining official information of a general nature from the Ministry of Foreign Affairs, and disseminated through the institutional website of Farnesina www.viaggiaresicuri.it and through the World Health Organisation website www.who.int.
If on the date of booking the destination chosen is, from the institutional information channels, subject to “warning” for security reasons, the User who subsequently exercises the withdrawal may not invoke, for the purposes of exemption or reduction of the claim for compensation for the withdrawal made, the lack of contractual cause related to the security conditions of the country.
The User must also comply with the rules of normal prudence and diligence and with the specific rules in force in the destination countries of the trip, with all the information provided to him/her by the supplier, the organiser, as well as with the regulations, administrative or legislative provisions relating to the tourist package.
14. MINORS
From 26 June 2012, all Italian minors will only be able to travel with an individual travel document. Under the new provisions, Italian minors aged 14 travelling abroad unaccompanied by one of their parents or guardian must have a declaration of accompaniment stating the name of the person, organisation or transport company to which the minor is entrusted, signed by the person exercising parental authority over the minor and stamped by the bodies responsible for issuing the passport.
Minors are also eligible for the Visa Waiver Program, but only if they hold an individual passport, as their registration on their parents’ passport is neither sufficient nor valid.
If a child under the age of 14 is travelling with his/her parents (even if only one of them is travelling), it is not necessary to attach an accompanying declaration to the child’s passport, as the personal details (also in English and French) of the living parents are listed on page 5 of the new 48-page passport booklet.
For legal, religious, social or other reasons, at the request of a parent or on the instructions of a judicial authority, personal data may be omitted or deleted.
For all accompanying persons other than parents who are authorised by them (declaration of consent), there is no compulsory registration (e.g. grandparents) on the document. Therefore, every time a child under the age of 14 has to travel abroad with an accompanying person other than his/her parents, it will be necessary for the latter to sign the declaration of accompaniment, which will remain on file at the police headquarters, which will issue a unified form that the accompanying person will present at the border together with the child’s valid passport.
GTN does not under any circumstances accept the registration of an unaccompanied minor, regardless of his/her nationality, and declines all responsibility if, despite this prohibition, an unaccompanied minor is registered for a trip without his/her knowledge.
Minors accompanied by a parent must be in possession of an authorisation to travel abroad if they do not have the same surname as the parent accompanying them.
In any case, it is the User’s responsibility to check on the government website http://www.viaggiaresicuri.it the documentation necessary for minors to enter the individual country of destination, given the recent introduction of stricter procedures in some countries. In no case will GTN be responsible for irregularities related to the documentation required for travel.
15. EU AND NON-EU CITIZENS
EU and non-EU citizens, both adults and minors, must contact the competent authorities in their country of residence or in the countries of destination, before booking and purchasing tourist services on the Website.
The prior acquisition of up-to-date information on the health, socio-political and meteorological situation, and the necessary documents in the countries one intends to visit, is a fundamental step in the responsible preparation of the trip, as well as one of the traveller’s obligations, being an appropriate and necessary activity to avoid facing unpleasant situations.
The User must have a valid passport (a minimum of 3 months and a maximum of 6 months after the date of return from his/her trip, depending on the country of destination). It is important to always check the validity of personal documents required for travel by contacting the relevant authorities.
The obligation to check the regulations in force and the need for any entry visas to be carried out at the Consulate of the country of origin and destination applies even more so to non-Italian citizens or those with dual citizenship and to passengers not belonging to the European Union for whom rules relating to legal systems other than the Italian one or different from each other apply.
16. SPECIAL RULES FOR DESTINATIONS OR STOPOVERS
If your trip involves a transit through or stay in the United States of America, please note that as of 12 January 2009, you must obtain ESTA (Electronic System for Travel Authorization) authorization in order to travel to the United States under the Visa Waiver Program. This authorisation must be obtained prior to boarding a means of transport, whether by air or sea, en route to the United States. Citizens of countries eligible to participate in the Visa Waiver Programme can already apply for this advance authorisation by accessing the Electronic System for Travel Authorization (ESTA) via the Internet. In order to enter the United States of America under the Visa Waiver Program, you must be in possession of one of the following documents:
- e-passport, issued as of 26 October 2006
- machine-readable passport issued or renewed before 26 October 2005
- digital photo passport issued between 26 October 2005 and 26 October 2006.
In addition, it is necessary to:
- travel exclusively for business and/or tourism
- stay in the United States for no longer than 90 days
- have a return ticket
Reminder is given that as of 27 January 2017, the possibility of benefiting from the Visa Waiver Program has been limited to citizens with dual citizenship of which one is in the following countries: Iran, Iraq, Syria or Sudan, as well as for those who have travelled to the aforementioned countries since 1 March 2011, with exceptions for certain specific categories of travellers.
In general, in all other countries
Due to the ongoing pandemic, many countries have temporarily suspended the granting of online visas or introduced specific rules/restrictions that can be consulted on their institutional websites.
17. TOURIST PACKAGE CONTRACT OF SALE
The contract for the sale of a tourist package is governed by Legislative Decree 62/2018, to which reference is expressly made together with the conditions applied by the package organiser.
A “tourist package” within the meaning of article 33 of the Tourism Code means the combination of at least two different types of tourist services (i.e.: a. the carriage of passengers; b. accommodation that is not an integral part of the carriage of passengers and is not intended for residential purposes or long-term language courses; c. the rental of cars, other vehicles or motor vehicles and requiring an EU category A driving licence (Text of the directive regarding car rental: “ other motor vehicles within the meaning of Article 3(11) of Directive 2007/46/EC of the European Parliament and of the Council ( 1 ), or motorcycles requiring a Category A driving licence in accordance with point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council (Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18)”); d. any other tourist service which is not an integral part of one of the tourist services listed under a), b) or c), and which is not a financial or insurance service, nor qualifies as a “supplementary tourist service”) for the purposes of the same trip or holiday, if at least one of the following conditions occurs: 1) these services are combined by a single professional, even at the request of the traveller or in accordance with his/her selection, before a single contract is concluded for all the services; 2) these services, even if concluded under separate contracts with individual tourist service providers, are: 2.1) purchased at a single point of sale and selected before the traveller consents to payment; 2.2) offered, sold or invoiced at a flat rate or global price; 2.3) advertised or sold under the name “package” or similar title; 2.4) combined after the conclusion of a contract whereby the professional allows the traveller to choose between
a selection of different types of tourist services or purchased from separate professionals through a linked electronic booking process where the name of the traveller, the payment details and the 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 such professional(s) is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service
The tourist package is accessed from the Website by selecting two or more services in the search engine called flight+hotel or multi-destination.
18. HOSPITALITY CONTRACTS
The official classification of hotel facilities is provided only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the EU Member States to which the service refers, or in the case of facilities marketed as a “Tourist Village”, the organiser/supplier/guarantor reserves the right to provide its own description of the accommodation facility in the catalogue or brochure, so as to allow an evaluation and consequent acceptance thereof by the User. In addition to the GTN category, the User is advised to also consult their popularity index and any comments where applicable.
GTN reserves the right to substitute, in the event of force majeure, the accommodation facility provided with a facility of the same type/category offering equivalent services. These are exceptional cases of which the User will be informed as soon as GTN becomes aware or of which he/she will be obliged to inform GTN if he/she is informed directly by the provider or supplier of the service.
The accommodation offered by the establishments that can be purchased on the Website, in many cases, can be confirmed for a number of occupants higher than the actual number of beds. The User is required to carefully select the rooms that expressly provide the desired type and number of beds.
Single rooms: These have a single bed. They are subject to a supplement, are offered in limited numbers and are often less spacious, less comfortable and located in less favourable positions than other rooms, especially on cruises, where they are often located near the engine room. In some countries and/or in some hotel establishments, there are no single rooms, therefore, double rooms for single use are assigned, which may have 2 small double beds named “Queen Size” or one “Queen Size” if a small double “King Size” if a large double.
Double rooms: These have two single beds or rarely a double or small double bed. In some countries and/or in some hotels there are no double rooms, they have two single beds called “Queen Size” or one “Queen Size” if a small double “King Size” if a large double.
Triple rooms: In most cases, these look like a double room with a temporary bed added (note that the third bed may be smaller than the standard size, as this is a double room used as a triple). In some countries in North, Central and South America, in the Caribbean islands, in the United Arab Emirates, to name a few examples, double rooms may have larger beds and may be used as triples without the addition of extra beds.
Quadruple rooms: In most cases, these are presented as a double room to which two temporary beds have been added (note that the third and fourth beds may be smaller than the standard size). In the case of 2 adults and 2 children, if it is not possible to accommodate more than three people per room, two neighbouring or communicating doubles will be requested (as far as possible) and in this case the adult rate will be applied (unless otherwise stated). In some countries in North, Central and South America, in the Caribbean islands, in the United Arab Emirates, to name a few examples, double rooms may have larger beds and may be used as quadruple rooms without the addition of extra beds.
Family rooms: Some triple or quadruple rooms are equipped with three or four standard-sized beds and therefore do not give rise to any reduction. In some countries in North, Central and South America, in the
Caribbean islands, in the United Arab Emirates, just to name a few, some hotels have two small double beds called “Queen Size” or two large double beds called “King Size”. These rooms can accommodate families of up to 4 people.
Cabins: On cruise ships, cabins generally offer more restricted space than hotel rooms. For example, at equivalent star ratings, the level of space and comfort of cabins on cruise ships is generally lower than in local hotels.
Maximum occupancy: in hotels, the maximum number of persons occupying the same room may exceed the number of beds available.
Meals depend on the treatment formula chosen by the User from among those available:
“All inclusive”
This generally includes accommodation, breakfast, lunch, dinner and drinks during meals (e.g. mineral water, fruit juices, soft drinks, wines, local spirits) provided, again generally from 10:00 to 22:00. Some alcoholic beverages may not be included in this formula and will be billed directly on site;
“Full board”
Includes overnight stay, breakfast, lunch and dinner, excluding drinks;
“Half-board”
Includes overnight stay, breakfast, lunch or dinner, excluding drinks.
N.B. In the case of full or half board, drinks are excluded, except in the case of exceptions duly given in the description.
“Bed only”
does not include meals of any kind
Important: In some countries, accommodation facilities are not equipped with drinking water, in which case the purchase of drinking water bottles is the responsibility of the User.
Certain activities proposed on-site may involve risks, especially for children. GTN is in no way responsible for accidents or injuries attributable to the User or to the actions of third parties, or to fortuitous events or force majeure. In particular, the excursions, services and benefits purchased by the User on-site and not included in the price of the tourist package or tourist service are extraneous to the contract stipulated by GTN in the capacity of organiser or intermediary. Therefore, GTN may not be held responsible either as organiser or as intermediary of services even in the event that, as a courtesy, local residents, accompanying persons or correspondents may take care of the booking of such excursions.
GTN does not guarantee that the on-site activities listed in the description will actually be carried out and will not be held responsible in any way if these activities are cancelled by the local structure providing the service due to weather conditions, force majeure, out-of-season stays or if the minimum number of participants required to carry out the activity is not reached (e.g. group sports, baby club). For example, at the beginning or end of the tourist season, some activities may not be running, some facilities (restaurants, swimming pools, etc.) may be closed and maintenance work may be carried out. The number and frequency of entertainment and sporting activities, if any, may vary depending on the number of guests in the facility and weather conditions. In particular, by way of example, it may happen that in high season the number of umbrellas, deckchairs and sports equipment is insufficient.
The opening hours of bars, restaurants and discos can be irregular and depend on the management of the facility. Most beaches, even those described as “private”, are in fact open to the public, so they may not be cleaned regularly. Sports activities offered on registration are often organised by staff from outside the hotel or accommodation facility. It may therefore be necessary to travel, the cost of which shall be borne by the
User. It may also happen that such activities are cancelled due to insufficient numbers of participants. This will not give rise to any refund. Prior to any booking, the User is obliged to find out about any local events such as, for example, carnivals, religious festivals, national holidays, festivities, fairs, which could jeopardise the success of the trip or affect/limit the performance of the confirmed services. No complaint may be made to GTN in this regard.
GTN encourages parents of infants to provide everything they need for their children’s meals before departure as some foods are not always available in the destination countries.
A contribution may be requested on-site, for example to heat baby food and feeding bottles and/or for the addition of a cot, which must be requested at the time of booking and for which GTN will not always be able to guarantee availability. Any cost/supplement will be quantified on-site and to be paid directly to the accommodation facility by the User.
19. TRANSPORT CONTRACTS
In the event of complaints about inefficiencies related to transport, the User must refer exclusively to the conditions of the carrier concerned, by connecting to the official website and following the procedure in the complaints section.
The regulatory sources for rail transport are regulated by the Berne Convention (9 May 1980) COTIF 1980 Vilnius Protocol 20 December 1990 COTIF 1999 2 appendices: CIV (Uniform Rules concerning the International Carriage of Persons and their Luggage by Rail) CIM (Uniform Rules concerning the International Carriage of Goods by Rail) REGULATION (EU) 2021/782 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2021 on rail passengers’ rights and obligations, article 1680 Civil Code
The rights of maritime passengers are set out in Regulation (EU) 1177/2010 of the European Parliament and of the Council, which applies to all passengers travelling by sea and inland waterway and in the Code of Navigation.
European legislation governs the rights and obligations of passengers in bus and coach transport through Regulation (EU) no. 181/2011.
The conditions of performance of air transport are governed by:
- The airlines’ conditions of sale,
- European Regulation 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. For further information: www.enac.gov.it
The Montreal Convention and the Warsaw Convention, concerning the delayed carriage of passengers and damage to baggage in particular and the Code of Navigation for the aeronautical part.
With regard to the purchase of flight tickets, GTN acts as a simple intermediary between the User and the airline company. The conditions of the execution of air transport depend on the airlines. At the time of sending the travel documents, GTN will inform passengers of the identity of the actual carrier, subject to the provisions of art. 11 of EC Regulation 2111/2005, and of its possible inclusion in the so-called “black list” provided for by the same Regulation. Changes to timetables, itineraries, stopovers, airport changes, delays, missed connections and flight cancellations are among the typical inconveniences of air transport. In most cases, these inconveniences are due to the overcrowding of airspace at certain times, compliance with air navigation rules, and the time needed to service aircraft at airports in order to ensure passenger safety. Direct flights may be “non-stop” or involve one or more stopovers (according to the airlines, it is the same flight when the flight identification number is identical) with a possible change of aircraft, without GTN necessarily being informed. The same applies to connecting flights, which may involve a change of aircraft. When the User books a flight (scheduled, low cost or charter), which involves a stopover in one city and the subsequent flight departs from
another airport in the same city, the traveller must ensure that he/she has sufficient time to reach the second airport. The costs of the journey to the new airport will be borne by the Traveller. 21.2 GTN will not reimburse the cost of the journey and will not be liable in the event of a missed connection. When a city has several airports, the name of the airport indicated is only indicative and may be subject to change.
GTN is in no case responsible for any variation in the timetable, delays, cancellations or other circumstances attributable to the airlines and/or to force majeure (by way of non-limiting example, strikes, bad weather, wars, earthquakes, epidemics) or to the User (by way of non-limiting example, in the event of presentation at the airport after the scheduled time, refusal of boarding due to failure to comply with the required administrative or health formalities, failure to present oneself for boarding).
Failed presentation for boarding on an outward flight (charter, scheduled or low-cost) automatically results in the cancellation of the return flight or connecting flights (“no-show rule”). This practice is attributable exclusively to the air carrier, which is solely responsible for such conduct. GTN has no power in this regard and cannot therefore be held responsible for the cancellation of the return flight and/or connecting flights with the same carrier by the airline. The User must contact the airline counters present at the airport. The decision as to whether or not to maintain a booking on a return flight or connecting flight remains at the discretion of the airline.
Any interrupted journey does not give the right to any kind of reimbursement, including that of airport taxes. If the outbound or return flight is cancelled or delayed, the companies reserve the right to provide transport by another means (coach, train, etc.).
If the User independently organises the approaching, outward or return journey, we recommend booking variable or refundable tickets to avoid any risk of financial loss. It is also advisable not to make any major commitments on the day of return or the following day. The consequences of delays (by way of example, failure to board a scheduled flight) in the event of approach flights organised independently by the User will not under any circumstances be attributable to GTN.
For packages organised by third party Tour Operators, indicated on the travel documents, the return flight must absolutely be reconfirmed by the User on-site, within 72 hours prior to the scheduled departure, with the local correspondent or directly with the carrier. We remind you that this procedure is mandatory and that, in the event of failure to reconfirm, the seat booked in the name of the User/Traveller cannot be guaranteed by the airline, which may assign it to others. This procedure does, however, allow confirmation of the times of the return flight, which may have undergone some variation. GTN will not be responsible for any negligence on the part of the User/Traveller.
Each airline has its own policy on hand and hold baggage and special baggage (e.g. sports equipment).
The weight allowed for checked baggage, when included, is indicated on the travel documents sent by GTN only if not specified online during the selection of the service by the registered User. The User must refer to the conditions of carriage of the airline used for the journey and/or the boarding pass. If the limit is exceeded, the User must pay a surcharge directly to the airline at check-in, provided that the airline allows the excess weight to be carried and quantifies the amount.
The airline company is not liable for the luggage entrusted to it by the User except for the compensation provided for by the international regulations in force. In the event of damage, delayed arrival, theft or loss of luggage, the User is obliged, before leaving the airport, to report the damage suffered. It is advisable to take out an insurance policy covering the value of such items.
Infants under 2 years of age do not occupy a seat: the price of their ticket is generally 10% of the official fare, plus airport taxes.
Children (from 2 to 11 years old) can benefit from a discount on certain flights, except charter flights.
Airlines may sometimes refuse to allow a pregnant woman to board if they consider, based on the term of her pregnancy, that there is a risk of premature birth during the flight. For this reason, the User, if pregnant, should check the conditions of carriage of the airline used for the trip before making the booking.
GTN cannot be held responsible for refusal of boarding by the airline due to the passenger’s failure to comply with the rules of carriage.
It is recommended that medicines are carried in hand luggage (especially those normally taken) rather than in hold luggage. Some medicines cannot be placed in your check-in baggage, as the low temperatures in the hold may affect their effectiveness. If you wish to carry your medicines in your hand baggage, we recommend that you carry them in their original packaging. This is not compulsory, but it makes them easier to recognise at security checks. You should also bring the package leaflet, which is useful both to prove the contents and use of each medicine and to check how to use the medicine in case of need during the trip. Your travel destination is important for knowing which medicines to take on the plane or not. The introduction of medicines in some countries is heavily regulated, therefore you should inform yourself carefully before departure. In order to inform the competent authority of the medical treatment you need to follow and the medication you need to bring, you will need to present a medical certificate, in English, stating the importance of the medical treatment.
20. CAR RENTAL AGREEMENT
Rental is made available on the Website through suppliers.
The User, through the special search engine called “Car rental”, can autonomously carry out searches, filling in the appropriate fields, including age if not included in the 30/65 age group and select one of the results if available.
GTN suggests carefully reading the conditions provided by each rental company by clicking, directly on the available results, “see details”.
The price varies according to the period, the pick-up and drop-off location, the type/category of car, the number of hours of rental, the age of the driver, the fuel rule chosen by the User and the envisaged deductible. The total price may include supplements to be paid on the spot in the event that the drop-off point does not coincide with the pick-up point, or other supplements such as, purely by way of example, child seat, navigation system, snow tyres, additional driver, etc.
Regardless of the type of rental chosen, GTN suggests that the User select, from the page called summary, the “deductible refund product” in order to be able to obtain, through the supplier, refunds for any deductible charges applied by the hirers when the vehicle is released.
There may be limitations and surcharges for ages under 25 or over 65, which are described in the rental conditions and are payable either at the time of booking or locally, depending on the type of rental selected. In some destinations, for example in the United States, the minimum age requirement may be lower or higher and also differs by state.
In order to be able to collect the car, the owner of the hire car, who is the first driver, must present, in addition to the original valid driving licence issued by the country of residence and a valid identity document (recognition of the driving document is left to the legislation of the individual states and an international driving licence may be required, Vienna 1968 or Geneva 1949 Convention Model) a physical credit card, with embossed numbers and a limit of use sufficient to cover the security deposit specified in the conditions of use in addition to any charges expected on-site at pick-up. Only in very rare cases are some rental companies able to accept methods other than a credit card if specified in the conditions of use.
No type of rental includes tolls, fines, damages not covered by the policies, etc.
21. OTHER TYPES OF CONTRACTS
The remaining services that can be purchased on the Website are made available through suppliers. These include, for example, transfers, activities or tickets to tourist attractions or sporting events. The User can search for these services using the engines entitled “transfers” or “tickets and activities” respectively, by filling in the fields provided and selecting the desired services from the results, if available.
Before proceeding to the purchase GTN suggests that the User carefully reads the description of the services, the way in which they are carried out and displays the possible options that may determine a variation in the purchase price with respect to the price displayed as a search result. There may be age, weight and height restrictions. Some services/activities are subject to a minimum number of participants. In the event that the minimum number is not reached, the service provider/supplier reserves the right to notify the User or GTN, who will inform the User, shortly before the scheduled date. In such cases an alternative date or activity is not always offered by the provider/carrier. The prices of activities or tickets may differ from the nominal prices shown on the ticket.
22. LIABILITY
GTN selects its suppliers with particular care.
GTN shall not be liable in any way whatsoever for the non-execution or inexact execution of one of the elements of the package or of a service attributable to the User, to a case of force majeure, to a fortuitous event, or to a third party not involved in the provision of the services under the contract.
The liability of GTN is however limited to the services purchased by GTN, excluding all services purchased from third parties.
Compensation for any damages owed by GTN is governed by the Civil Code, the Tourism Code and international conventions where applicable.
For all services intermediated by GTN, the responsibility for the correct provision of the same is solely attributable to the actual suppliers/providers.
In the case of a tourist package, the organiser is liable for damages resulting from the total or partial non-fulfilment of the services contractually due, whether these are carried out by him/her personally or by third party service providers, unless he/she proves that the event was caused by the traveller (including initiatives taken independently by the latter during the execution of the tourist services) or by circumstances extraneous to the provision of the services foreseen in the contract, by accident, by force majeure, or by circumstances that the organiser could not, according to professional diligence, reasonably foresee or resolve.
If GTN is the intermediary of the package, it is not liable for the obligations arising from the organisation of the trip, but is exclusively responsible for the obligations arising from its capacity as intermediary and for the execution of the mandate conferred on it by the traveller, as specifically provided for in article 50 of the Tourism Code, including the guarantee obligations set out in article 47 of the Tourism Code.
Compensation for damages arising from the non-performance or inexact performance of the services included in the tourist package and the limitation periods are governed by articles 43 to 46 of the Tourism Code, referred to herein in full.
23. CANCELLATION AND CHANGE OF THE BOOKING
Any request for the cancellation or change of a booking confirmed through the Website must be made by the User directly on the Website, by calling up their booking and clicking on change, selecting the requested action from those available including the request for cancellation. Alternatively, they can be requested by contacting GTN Customer service during the working days and hours of the same which can be consulted on the Website. All the requests will be managed during the working days and hours of GTN, the management does not imply the automatic authorisation of the change by the supplier or authorisation thereof without charge.
The request for a change of destination/accommodation/means of transport etc. does not constitute a request for change, but an actual request for cancellation of the booking originally confirmed by GTN in favour of a new one. In this case, therefore, the User is obliged to follow the procedure relating to cancellation.
Penalties are always applied if non-refundable/unchangeable rate services have been selected by the User and subsequently purchased.
The cancellation of the trip by some participants out of the total number of passengers booked may result in the full cost of the trip being charged.
For requests for changes, GTN will check availability with the service provider(s) and send the User a quote as soon as it has the necessary information. Furthermore, a request for change cannot be assimilated to acceptance.
All requests must be explicitly confirmed by GTN. In the absence of confirmation within 7 (seven) days from the sending of the request for change or before the departure or start date of the services, the User must consider that his/her request is not accepted and that his/her initial booking remains unaltered.
In the event of a cancellation request, the amount of the penalties, updated in real time and calculated according to the cancellation rule for each service purchased or provided by the organiser, is indicated in the summary of the booking which can be consulted on the Website at any time by the registered User by recalling the booking.
In case of cancellation, booking fees and insurance premiums are never refunded.
Likewise, external costs not included in the service and already incurred by the User on the effective date of cancellation or change (in particular, by way of non-limiting list: issuance of visas or travel expenses, vaccination fees, ancillary services purchased directly by the User or by travellers subsequent to the booking made on the Website directly with the actual service providers, etc.) are not reimbursed by GTN.
In the event that the User is informed directly by the providers of the services purchased on the Website or by the respective suppliers of the same or by GTN about the non-deliverability or modification of one or more services, he/she may contact and will be assisted by the GTN Customer Service during the working days and hours of the same or by the Emergency Service during the non-working days and hours for GTN.
Cancellation of the booking by the User for any reason whatsoever does not in any way exempt him/her from paying the penalties. Any interrupted stay or any service originally confirmed but not used by the User, particularly in the event of no-show at the airport, port, station or hotel or late arrival at the meeting place for any service, will not give rise to any refund.
24. WITHDRAWAL
In the case of a tourist package, if, prior to the start of the package, the organiser of the tourist package is forced to significantly modify one or more of the main characteristics of the tourist services referred to in article 34, paragraph 1, letter a) of the Tourism Code, or cannot meet the specific requests referred to in article 36, paragraph 5, letter a) of the Tourism Code, or proposes to increase the price of the package by more than 8% pursuant to article 39, paragraph 3, the User, within a reasonable period specified by the organiser, may a) accept the change proposed by the organiser; b) withdraw from the contract without paying any penalty. In this case, the refund must be made within 14 days from the date of withdrawal from the contract.
In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial effect on the execution of the tourist package or on the transport of passengers to the destination (e.g. earthquakes, natural disasters, acts of terrorism), the User has the right to withdraw from the contract, prior to the start of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but does not have the right to additional compensation.
Cancellations other than those caused by the aforementioned circumstances, including the inability of the traveller to take advantage of the holiday, do not legitimise withdrawal from the contract without charge, as provided for by law.
In the event that the User intends, before departure, to withdraw from the tourist package contract, at any time, other than in the cases provided for in the previous paragraphs, he/she will be obliged to reimburse the organiser for the expenses incurred, which are adequate and justifiable, the amount of which the organiser will provide to the traveller upon request. The amount of the cancellation costs corresponds to the price of the package less the cost savings and the income resulting from the reallocation of the tourist services. The tourist package contract may provide for reasonable standard withdrawal charges, calculated according to the time of withdrawal from the contract.
The organiser may withdraw from the tourist package contract and offer the user a full refund of the payments made for the package, but is not obliged to pay additional compensation if a) the number of persons enrolled in the package is less than the minimum provided for in the contract and the organiser communicates the withdrawal from the contract to the traveller within the period set out in the contract and in any case no later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days;
b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the User of his/her withdrawal from the contract without undue delay before the beginning of the package.
The organiser proceeds with the refunds, if due, after having deducted the appropriate expenses, without undue delay and in any case within fourteen days from the withdrawal. In such cases, the cancellation of functionally connected contracts stipulated with third parties is determined.
INDIVIDUAL SERVICES
For individual tourist services, the User acknowledges that the rates for individual providers, including those of transport, rentals and accommodation, have specific conditions. Tickets and bookings issued are normally non-changeable and non-refundable.
25. AMENDMENT OR CANCELLATION OF THE PACKAGE BEFORE DEPARTURE.
The organiser of the tourist package reserves the right to unilaterally amend the conditions of the contract other than the price in accordance with article 39 of the Tourism Code, which are of minor importance. The organiser notifies the User of the change clearly and precisely on a durable medium, for example by e-mail. If, prior to the start of the package, the organiser is forced to significantly amend one or more of the main characteristics of the tourist services referred to in article 34, paragraph 1, letter a) of the Tourism Code, or cannot meet the specific requests referred to in article 36, paragraph 5, letter a) of the Tourism Code, or proposes to increase the price of the package by more than 8 percent in accordance with article 39, paragraph 3, the traveller, within a reasonable period specified by the organiser, may a) accept the amendment proposed by the organiser; b) withdraw from the contract without paying any penalty. In the case of withdrawal, the organiser may offer the traveller a replacement package of equivalent or superior quality. The organiser informs the traveller, without unjustified delay, clearly and precisely on a durable medium: a) of the proposed amendments and their effect on the price of the package; b) of the consequences of the traveller’s failure to reply and of the possible replacement package offered and its price. The traveller must inform the organiser of his/her decision within two working days of receiving the notification of the amendment. If the changes to the tourist package contract or the replacement package result in a package of a lower quality or cost, the traveller is entitled to an appropriate reduction in price. Only in the event of withdrawal from the tourist package contract due to an increase in price of more than 8% or essential changes as identified above, and if the traveller does not accept a replacement package, the organiser shall reimburse, without undue delay and in any case within 14 days of withdrawal from the contract, all payments made by or on behalf of the traveller and shall be entitled to compensation for non-performance of the contract, except in the following cases a) there shall be no compensation deriving from the cancellation of the tourist package when the cancellation of the same depends on the failure to reach the minimum number of participants that may have been requested; b) there shall be no compensation deriving from the cancellation of the tourist package when the organiser proves that the lack of conformity is attributable to force majeure and fortuitous event; c) there is also no compensation deriving from the cancellation of the tourist package when the organiser proves that the lack of conformity is attributable to the traveller or to a third party not involved in the supply of tourist services included in the tourist package contract and is unforeseeable or unavoidable.
26. ASSISTANCE
GTN provides assistance through its Customer Service, in Italian and English, to visitors and Users registered on the platform on the working days and hours specified on the home page of the Website in the “contacts” section.
The User is given an emergency telephone number or the details of a contact point through which to reach the supplier/customer, on days and times that are not working for GTN, in the event of possible problems strictly related to services or packages confirmed by GTN.
27. COMPLAINT
Any complaint for non-performance or improper performance of the contract must be reported by the User, in accordance with the obligations of fairness and good faith set out in articles 1175 and 1375 of the Civil Code, on the spot to the supplier, the organiser of the package and in any case to the local representative (if any) without delay, so that the organiser/supplier of the service can promptly remedy it unless this is impossible or incurs disproportionate costs in view of the importance of the non-conformity and the value of the travel services concerned.
Contracts offering only the transport service, only the accommodation service, or any other separate tourist service, cannot be considered as negotiated travel arrangements or tourist packages, and do not enjoy the protection provided by the Tourism Code and the contractual conditions of the individual supplier or the actual service provider will apply.
In the event of any inefficiency in connection with flights and in the event of loss or damage to luggage during air travel, before lodging any complaint, the User must contact the airline company: having it acknowledge the inefficiency, loss or damage to luggage before leaving the airport, and by filing a report, to which the originals of the following documents must be attached: ticket, declaration of loss, receipt of luggage registration. In the event of loss or deterioration of luggage during air transport or in the event of flight delays, if the User has taken out insurance to cover these risks, he/she undertakes to make a report to the insurance company within the time period stipulated in the aforementioned contract.
The insurance company will only accept applications accompanied by all the supporting documents required by the contract.
For the resolution of disputes, the parties will have the possibility to file a complaint on the website (https://www.camera-arbitrale.it/it/mediazione/mediazione-civile-e-commerciale-d-lgs-28-2010.php?id=372).
28. INSURANCE
If not expressly included in the price, it is possible and advisable, at the time of booking, to take out special insurance policies to cover the costs of cancellation (always due except for the specific exceptions provided for by the tourism code) as well as those deriving from injuries and/or illness that also cover the costs of repatriation and for the loss and/or damage of baggage. GTN recommends that the User take out travel insurance.
In the event of the purchase of travel insurance through the Website, the contract will be concluded directly with the Insurance Company, whose terms and conditions apply to such insurance: GTN acts merely as an intermediary.
29. APPLICABLE LAW AND JURISDICTION FOR NON-EU TRAVELLERS
These General Conditions and the relationship between the User and GTN are governed by Italian law, including the Tourism Code and the Legislative Decree of 6 September 2005, no. 206 containing the Consumer
Code, for the part relating to distance contracts. These Conditions are written in Italian. The contracts concluded on the GTN website are understood to be stipulated in Italy and regulated by Italian Law, without prejudice to the further rights due to Consumers on the basis of the Law of the State of residence. For any controversy inherent to the present terms and conditions the competent court shall be the court of the district of the Court of Appeal of Milan, without prejudice to the rights of the Consumer to act also and at the court of the State in which they have their residence and to act as defendant only in the State of residence.
With reference to non-EU Users, the contract, as well as the relationships deriving therefrom, which may be stipulated between the User and GTN through the Website will be governed by the laws of the Italian Republic. By the express will of both parties, any dispute that may arise between the parties in any way connected to the contract and/or in any case relating to its interpretation and/or execution and/or validity and/or efficacy, shall be devolved to the exclusive jurisdiction of the Italian Judge with exclusive territorial competence of the Court of Milan, any other rule of jurisdiction and judicial competence being understood to be consensually derogated and any alternative and/or competing Court excluded.
30. COMPULSORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006
Pursuant to article 17 of Law No. 38/2006, Italian law punishes with imprisonment offences concerning prostitution and child pornography, even if committed abroad.
Version March 2022