The Hotel Villaggio S. Antonio is managed by the company New Hotel SRLS with a license issued by the town of Isola di Capo Rizzuto and is covered for civil liability towards customers, under the laws in force, by insurance policy.
1) Introduction: notion of a tourist package
Given that: - The organizer / seller of the tourist package, to which the consumer turns, must be in possession of the administrative authorization to carry out his activity.
The consumer has the right to receive a copy of the tourist package sale contract (in our case we mean the simple estimate confirmed by the client).
2) The notion of "Tourist package" (art. 84 Cod. Cons.) is:
The package deals with travel, holidays and "all-inclusive" circuits, resulting from the pre-established combination of at least two of the elements listed below, sold or offered for sale at a lump-sum price, and lasting more than 24 hours, or extending over a period of time comprising at least one night:
- Tourist services not accessories to transport or accommodation (omitted) ... which constitute a significant part of the "tourist package".
3) Legislative sources
The contract for the purchase and sale of a tourist package is regulated, in addition to the present general conditions, also by the clauses indicated in the travel documentation delivered to the consumer. This contract, whether it concerns services to be supplied in national territory or abroad, will also be governed by the provisions - as applicable - of the LEGISLATIVE DECREE 23 May 2011, n. 79, as well as from the Consumer Code.
The reservation request must be written on the appropriate form found on the Hotel website (www.santantoniohotel.com), if electronic, completed in its entirety and signed by the customer or with a telephone call to the numbers always traceable on the site mentioned. Acceptance of bookings is considered completed, with the consequent conclusion of the contract, only when the organizer will send confirmation, also by electronic means, to the customer and will receive from the same deposit. The indications relating to the tourist package not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer in regular fulfillment of the obligations provided for by art. 87 paragraph 2 of the Code of Cons. in good time before the start of the journey.
The measure of the deposit, is established of 40% of the price of the package, to be paid at the time of booking or at the time of the binding request, the balance of the package will be on site at the time of acquisition of the generality of customers.
Failure to pay the sums referred to above on the agreed dates constitutes an express termination clause which determines the termination by the organizer.
The price of the tourist package is determined in the quote / contract, in accordance with the price list published on the website and the last - minute offers of the periods. It can be changed up to the time of check-in and only as a consequence of changes in:
- errors of involuntary mathematical calculation in the preparation of the estimate;
- fees and taxes on some types of tourist services such as taxes, municipal taxes;
- exchange rates applied to the package in question.
7) Consumer withdrawal
The consumer can withdraw from the contract, without paying penalties, in the following cases:
- increase in the price referred to in the previous art. 6 in excess of 10%;
- significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the package of tourism considered as a whole and proposed by the organizer after the conclusion of the contract, but before departure and not accepted by the consumer.
In the cases mentioned above, the consumer has the right:
- to the repayment of 50% of the only part of the price already paid. This refund must be made within seven working days from receipt of the reimbursement request.
The consumer must give notice of his decision (to accept the change or to withdraw) no later than two days from the time he received the notice of increase or change. In the absence of express communication within the aforementioned term, the proposal formulated by the organizer is considered accepted.
To the consumer who withdraws from the contract before departure outside the hypotheses listed in point 7 will be charged, the amount of the penalty in the following measure and calculated on the deposit of 40%:
- no penalty for cancellations received up to 30 days before the start of the stay;
- from 30 to 7 days before the arrival of 50%;
No refund will be given to those who withdraw from the 7 days on arrival not appearing in the structure (no-show) or give up during the course of the trip. Likewise, no reimbursement will be given to those who could not make the trip due to lack or irregularity of the required personal documents for expatriation.
8) Modification or cancellation of the tourist package before departure
In the hypothesis in which, before the departure, the organizer communicates in writing his / her impossibility to supply one or more of the services object of the tourist package proposing an alternative solution the consumer can exercise alternatively the right to reacquire the already paid amount or enjoy the offer of a replacement tourist package (pursuant to Article 7 above).
9) Changes after departure
If after the departure the organizer finds it impossible to provide for any reason, except for a fact of the consumer, an essential part of the services included in the contract, he will have to prepare alternative solutions, without any additional charges for the contractor and if the services provided are of a lower value than those envisaged, reimburse it equal to this difference.
10) Obligation of the participants
Participants must be in possession of an individual identity card as well as residence and transit visas and health certificates that may be required. They must also comply with the rules of normal prudence and diligence and with the specific rules in force in the destination countries of the journey, with all information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to the tourist package. The participants will be called to answer for all the damages that the organizer had to suffer due to their non-compliance with the above-mentioned obligations. The consumer is required to provide the organizer with all documents, information and elements in its possession useful for the exercise of the right of subrogation of the latter against third parties responsible for damage and is responsible to the organizer of the injury caused to the right of subrogation. The consumer will also communicate in writing to the organizer, at the time of booking, the particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them.