General terms and conditionsThe general and particular conditions regulating the sale contract of the tourist package you’re buying from Travelmix are mentioned hereinafter.
The general conditions make reference to law 111/95, that all Tour operators have to furnish to the Client when the contract is concluded.
Moreover we have added particolar conditions, referred to the particular type of Travelmix holiday package.
The commercial conditions of our service
It is necessary to read and accept the general and particular conditions of service hereafter mentioned in order to make use of the services offered by Travelmix.
For any further question or explanation, please directly contact us using the address you can find on contact us page.
Who are we: the Travelmix tourist booking portal
www.travelmix.it site is managed by Travelmix ltd, tour operator partner of Mirabilandia.
We work using mainly the internet, with highly technological modes that are different from the typical travel agencies. Thanks to exclusive partnerships with tour operators that garantee Travelmix lower prices than the official ones, we are able to create really competitive holiday packages. Moreover, thank to the web, you can book immediately and without waiting a long time.
The booking service in the site www.travelmix.it acts as a communication channel between the user and the partner tourist organisations of Travelmix. Booking requests are passed on to the hotels and accommodation facilities by the systems managed by the Travelmix portal. Basically the service offers an effective, simple and safe means of contact between the user and the hotel or accommodation owner. In particular, the user requests the booking with the conditions and prices indicated in the website. Travelmix checks availability with the holiday accommodation requested: if it is fully booked or cannot be booked for reasons beyond the control of Travelmix, alternative periods and accommodation will be suggested.
The Client can handle a booking (clarification, modification, cancellation...) by e-mail, fax or telephone. Travelmix confirms the booking with the hotel or accommodation requested by the Client by issuing a booking document (voucher), and puts the Client in contact with the hotel or accommodation owner. The Client should bring the voucher with him, in order to show it when he arrives at the accomodation as a proof he has done the booking. From this moment on the service of Travelmix is considered concluded. There are no further booking fees for our service.
Hotel/Residence check-in time should be before 12.00 midnight on the day of arrival shown on the voucher; if the Client is going to arrive after 12.00 midnight, he is requested to call and inform directly the hotel reception staff, because Travelmix can not guarantee the hotel will accept your arrival after midnight. Travelmix does not assume any responsibility regarding the arrivals after midnight on the scheduled day of arrival.
TYPES OF BOARD BASIS OFFERED
The types of board basis provided for can be the following (except in case of different and explicit indication):
1B: room-only basis;
BB: bed and breakfast board basis;
HB: half board basis, with breakfast and dinner (drink excluded);
FB: full board basis, with bed, breakfast, lunch and dinner (drink excluded).
Each offer clearly indicates which board basis is provided for, with possibility to ask for a superior treatment against payment of a supplement. In case the half board basis or full board basis is drink-inclusive, the offer will expressly indicate it.
GENERAL CONDITIONS OF THE CONTRACT FOR SALE OF HOLIDAY PACKAGES
1. SOURCES IN LEGISLATION
The contract for sale of a holiday package, wether it regards services to be supplied in Italy or abroad, is regulated by law 27/12/1977 n° 1084 ratifying and implementing the International Convention regarding travel contracts signed in Brussels on 23.4.1970 as applicable as well as by the Consumer code mentioned by law n. 206 of 6 September 2005 (articles 82-100) and its subsequent amendments.
The Organizer and the Seller of the tourist package, whom the consumer applies to, must be authorised to perform their own activities, according to the applicable administrative set of rules.
For the carrying out of this contract, note the following definitions:
a) the Organizer of the trip is the subject who combines the elements mentioned on following art. 4 and commits himself against a lump-sum payment to get a tourist package for a third party;
b) the Seller sells or commits himself to get tourist packages made according to the following art. 4 against a lump-sum payment;
c) the tourist packages Consumer, the buyer, the transferee of a tourist package or any other person to be named, as long as he satisfies all conditions required for the service fruition, on behalf of whom the main contractor commits to buy a tourist package without a remuneration.
4. THE HOLIDAY PACKAGE CONCEPT
The notion of 'holiday package' is defined as follows:
“Holiday packages include travel, vacations and “all-inclusive” tours produced by combining at least two of the elements listed below, sold and offered or sale for a lump sum price, with a duration of more than 24 hours or extending over a time period including at least one night:
c)services for tourists other than accessories to transportation or lodging (ommissis) ....... constituting a significant part of the “holiday package” (art. 84 Cod. Cons.).
The consumer has the right to receive a copy of the contract of sale for solida packages (under artt. 85 and 86 of the Consumer code), that is also a document permitting access to the Guarantee Fund identified in art. 20 of these General Conditions of Contract.
5. OBLIGATORY INFORMATION – TECHNICAL BRIEF
The Organizer is obliged to provide for a technical brief, be it within the catalogue or in the out-of-catalogue programme. The details that must be included in the technical brief within the catalogue or in the out-of-catalogue programme are the following:
- details regarding the Operator’s administrative authorisation or, if applicable, the operator’s DIA (this Italian acronym indicates a document attesting the beginning of the tour operator’s/the travel agency’s activity);
- details regarding the Operator’s civil responsibility insurance policy;
- period of validity of the catalogue or of the out-of-catalogue programme;
- methods and conditions for traveller’s substitution (Consumer Code, art.89);
- Parameters and adjustment criteria of the travel’s price. (Consumer Code, art.90).
Furthermore, the Organizer will inform the travellers about the real carrier identity by times and modes foreste by Reg. CE 2111/2005, art. 11.
Requests for reservations must be presented on the contractual form provided, by computer where appropriate, completely filled in and signed by the customer, who will be given a copy. Acceptance of reservations is subject to availability and shall be considered completed, concluding the contract, only when the organiser sends confirmation, possibly by computerised.
Information on the holiday package not contained in the contractual documents, brochures or other written means of communication shall be supplied by the organisers in due fulfilment of their obligations under Consumer Code, art. 7, paragraph 2, before the trip starts.
The price of the holiday package is stated in the contract, with reference to the information provided in the catalogue or in a programme not included in the catalogue and in any subsequent updates to the catalogues or programmes. It may be changed up to 20 days prior to departure, strictly in response to changes in:
- transportation costs, including fuel costs;
- fees and taxes on some types of tourism services, including airport taxes and port taxes;
- currency exchange rates applied to the package in question.
These variations refer to the exchange rates and costs identified above in effect on the date of publication of the programme as shown in the technical information in the catalogue or on the date printed on updates of the type mentioned above.
The impact of exchange rate fluctuation on the lump sum price of the holiday package will fall within the percentage expressly indicated in the technical information provided in the catalogue or programme.
Travelmix prices, diffent and expressed communication excepted, include VAT and the services for each offer and accommodation are written in the places indicated on the vouchers.
8. CHANGE OR CANCELLATION OF THE HOLIDAY PACKAGE PRIOR TO DEPARTURE
Before departure the Organizer or Seller who is forced to make remarkable changes to one or more elements of the contract must give immediate written notification to the Consumer, indicating the type of change and the consequent variation of price. If the consumer does not accept the change proposal mentioned in paragraph 1, he can assert his right to reclaim the already paid amount of money or to receive an alternative holiday package in accordance to paragraphs 2 and 3 of article 10. The Consumer can exercise the above mentioned rights also in case the cancellation is a result of failure to reach the minimum number of participants required under the online-catalogue or programme, in the event of force majeure or chance event affecting the holiday package purchased. For cancellations which are not caused by force majeure, chance event, failure to reach the minimum number of participants, and for cancellation due to causes that are different from the consumer’s non-acceptance of the alternative tourist package offered, the Organizer who cancels (Consumer Code, par. 33, let “e”) will give back double what was paid to the Consumer and received by the Organizer via the travel agent. The amount to be reimbursed can never be more than double the amount of which the consumer at that same date owes according to art. 10, comma 4 in the case it is he who cancels.
9. WITHDRAWAL BY THE CONSUMER OWING TO CHANGES BY THE TOUR OPERATOR
The Consumer may withdraw from the contract without payment of a penalty in the following cases:
- price increase of the type identified in art.7 above exceeding 10%;
- significant change in one or more elements in the contract which may objectively be considered essential for enjoyment of the holiday package as a whole as proposed by the organisers, occurring after conclusion of the contract but prior to departure and not accepted by the consumer.
In cases of the types identified above, the consumer has the right to one of the following two alternatives:
- to enjoy use of an alternative holiday package, at no extra charge or returning the excess paid if the second holiday package is worth less than the first;
- to refund of the part of the price already paid only. This refund must be made within seven working days of receiving a request for refund.
The Consumer must provide notification of his or her decision (to accept the change or withdraw) no more than two working days after receiving notification of the increase or change. If no express notification is received from the consumer by this deadline, the organisers’ proposal shall be considered accepted. Expenses will be imposed to the Consumer who withdraws from the contract before departure for reasons that are different from the ones listed in paragraph 1 – in the measure indicated in the following particular conditions
10. CHANGES AFTER DEPARTURE
In the event that the Organisers should find that it is impossible to supply an essential part of the services included in the contact after departure, for any reason not attributable to the consumer, the organisers must provide alternatives at no extra charge to the consumer, and if the value of the services provided is lower than the value of those that had been promised, the organisers must refund the consumer the difference.
In case there are no alternative solutions, or rather the solution that the Organizer proposes is refused by the consumer for justifiable serious reasons, the Organizer will provide the consumer for an equivalent transport back to the place of departure or to another pre-agreed place, at no extra cost and consistently with available means and places. The Organizer will also pay back the consumer the difference between the services that were to be supplied according to the contract and those provided for till the earlier-than-expected return.
11. CONSUMERS’ OBLIGATIONS
Consumers must comply with the rules of due prudence and diligence and with specific rules in effect in the nations to which they travel, all information provided by the organisers, and regulations and administrative and legislative provisions applying to the holiday package. Consumers shall be held liable for any damage suffered by the Operators as a result of their failure to comply with these obligations.
The Consumer shall be required to supply the organisers with all documents, information and elements in his or her possession of use for exercising the Operators’ right to subrogation for third parties responsible for damage, and shall be liable to the organisers for prejudice to the right of subrogation. The consumer shall likewise notify the organisers in writing, when making a reservation, of any special personal requests which may require specific agreements for how the trip shall be carried out, provided it is possible to implement them.
The Consumer should always inform the Seller and the Organizer about particular exigencies or conditions (pregnancy, food intolerances, disabilities etc.) and to clearly specify his request of relevant customized services.
12. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the online-catalogue or other informative material strictly on the basis of the official indications expressed by the authorities of the country in which the service is supplied.
In the absence of an official classification recognised by the competent government authorities of countries, including EU members, in which the service is provided, the Operators shall reserve the right to supply their own description of the accommodations in the catalogue or brochure in order to permit assessment and acceptance by the Consumer
The Operators shall be liable for damage to consumers resulting from total or partial defaulting on services to be provided under the contract, whether the services are to be supplied by the organisers or by another service provider, unless the organisers can demonstrate that the event is attributable to the consumer’s actions (including initiatives independently undertaken by the consumer while services included in the holiday package are underway) or circumstances extraneous to the supply of services under the contract, chance events, force majeure, or circumstances which the Operators could not have reasonably foreseen or resolved with due professional diligence.
In no case shall the retailer wi th whom the holiday package was reserved be liable for obligations arising out of organisation of the trip; this party shall be exclusively liable for obligations arising out of its role as intermediary, and in all cases within the limits set for this liability by the above-mentioned laws and conventions.
14. LIMITS ON COMPENSATION
Compensation to be paid by the organisers for injury shall not exceed the amounts of compensation specified by international conventions for the defaulting on services determining liability, and specifically: the 1929 Warsaw Convention regarding international air travel in the text modified at the Hague in 1955; the Bern Convention (CIV) on rail transportation; the 1970 Brussels Convention (CCV) on travel contracts in all cases of liability on the part of the organisers. In no case shall the ceiling on compensation exceed the amount of “2000 Germinal gold francs for damage to objects” specified by art. 13 n° 2 CCV and 5000 Germinal gold francs for any other damage and the limits set by art. 1783 of the Civil Code
15. OBLIGATION TO PROVIDE ASSISTANCE
The Operators shall be required to provide assistance to consumers to the extent required by the criterion of professional diligence, exclusively in relation to the organisers’ obligations under the provisions of the law or of the contract. The Operators and the Seller shall be exonerated from their responsibilities (articles 13 and 14) when failure to execute the contract or inexact execution is attributable to the consumer or depends on an unforeseeable or inevitable action by a third party, a chance event or force majeure.
16. GUARANTEE FUND
The General Direction of Tourism for the Ministry of Production has established a Guarantee Fund which consumers may resort to (under art. 21 Lgs. D. 111/95) in the event that the retailer or Operators should declared insolvency or bankruptcy, to protect the following needs:
- refund of the price paid for services partially or totally unreceived;
- return to the home country, in the case of travel abroad;
- The fund must also supply funds immediately if tourists are forced to return home from nations outside the EU in the event of an emergency, whether or not it is attributable to the organisers’ behaviour.
Excluding urgent cases, in which it is possible to apply to the relevant diplomatic representation, it is necessary to present a request on unstamped paper in which the tourist describes his/her situation in order to get the Fund intervention. The request must include the expenses met, the original of the contract of travel and a copy of all payments effected and must be sent to:
Ministero delle Attività Produttive, Direzione Generale per il Turismo , Ufficio C1 - Tutela del Turista, Via della Ferratella, 51 00184 Roma. e-mail: email@example.com - fax n. 06 773 – 626
The methods for use of the Fund are established by decree of the President of the Council of Ministers dated 23/07/99, n. 349, Official Gazette n. 249 published on 12/10/1999 (under art. 21 n.5 of Lgs. D. n.111/95).
17. PLACE OF JURISDICTION
The unique valid place of jurisdiction in case of possible disputes about interpretation, execution, application and resolution of the following contract is the one where the Organizer takes place.
TRAVELMIX HOLIDAY PACKAGE CONDITIONS
1. Methods of payment
The reservation has effective value only after in advance payment of the full amount. Sometimes unique share is requested in advance as a down payment (case well stressed on offer description). The vouchers will be sent via e-mail or, if requested, via fax, after the payment has been made.
It is possible to make the required payments according to the following modes:
1. by on-line credit card (Visa or Master card) with no transaction costs;
2. by bank transfer headed to Travelmix s.r.l. (transaction costs from € 1,00 to € 5,00, 3-day beneficiary fixed currency);
3. by postal money transfer headed to Travelmix s.r.l. (transaction costs € 1,00).
All the details for the payment will be explained clearly for each booking. The vouchers (booking documents) will be sent to the Client after Travelmix has received payment of the amount required.
The vouchers are valid booking documents for the accommodation or tickets. In case of in advance payment of a deposit, when the Client arrives at his/her accommodation should pay the full cost of the stay,deposit excluded, according to modes he/she will agree with the accommodation’s owner.
2. Right to cancellation and modification
Any cancellations or modifications to bookings must be communicated promptly to Travelmix using the e-mail address firstname.lastname@example.org or the telephone number +39 0544 560822 and specifying the voucher number (which you will find on the voucher itself) which corresponds to the booking.
Tickets, purchased (for example: Mirabilandia's tickets) separately or included in a package, CAN'T be refunded since they can't be annulled as for explicit provision of relevant Authorities. However, tickets of amusement parks are valid for their whole opening season: the Client can use them at any time.
In the event of a complete or partial cancellation (for example: two out of four people are left, reduction in the number of days…) or of a modification of the booking (for example: change of stay dates, increase of people or days) the following penalties will be applied calculated on the basis of the date on which the cancellation was made. The penalties EXCLUDE the price of eventual tickets included in the package: tickets cost is not refundable and it will be deducted in any case.
Bookings with total payment made in advance:
- cancellation more than 20 days before the date of arrival: 20% of the total amount
- cancellation from 20 to 10 days before the date of arrival: 50% of the total amount
- cancellation from 10 to 3 days before the date of arrival: 80% of the total amount
- cancellation within 3 days (72 hours) of the date of arrival: 100% of the total amount
There are no penalties for substitution of individuals booked. Application or reduction of the penalties is entirely at the discretion of Travelmix. Penalties greater than those in the present conditions are not allowed.
3. Transfer of the booking
The person who books can have him/herself substituted, without payment of any penalty , by a third party who satisfies all the conditions necessary for making use of the service, provided that the same services or the substitute services can be supplied and that the transfer of boking is communicated by e-mail to the address email@example.com at least three days before the arrival date. The e-mail must indicate all the personal details of the substituting person. The transferor and the transferee are jointly liable for payment of the balance of the price and for any supplementary charges that may result from this change in ownership of the booking for causes non-depending by Travelmix.
4. Changes to the booking by the hotel facility
If the hotel or accommodation should have to change one or more elements of the booking substantially, Travelmix will notify the Client immediately by e-mail, telephone or first class mail, indicating the type of change and the resulting price changes. The Clients are obliged to notify Travelmix of their acceptance or refusal of the change within 2 working days from the moment the notification of change was received: if the proposed change is not accepted the Client may withdraw from the agreement without paying any penalties. If the Client does not reply within 2 working days of the notification of change, the change will be considered accepted.
5. Claims and liability
Any disservice or inefficiency found by the Customer in enjoyment of the holiday package should be immediately be presented to Travelmix in order we can find a remedy in good time and communicate the discomfort to the respective accommodation’s owners.
The Customer must also send the Organizer or the Seller a register letter of complaint with return receipt, within 10 working days from the date of return at the departure place.
The portal of Travelmix agrees to give true information on services and rates. In case there is no correspondence between the quality of services described at the moment of booking and the real condition of services when you reach your accommodation, you can find the relevant form in order to send us your notices and comments on page “Clients assistance”.
We thank you in advance for your collaboration; it gives us the possibility to offer you a better and better service