INFORMATIVA ai sensi degli articoli 13 del Regolamento (UE) 2016/679
With this document (the "Information"), the Data Controller, as defined below, wishes to inform you of the purposes and methods of the processing of personal data provided by you through the website www.oasitravel.com (the "Site") and of the rights that the Regulation (EU) 2016/679, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "GDPR"), grants you.
1. Who the Data Controller and the Data Protection Officer (DPO) are.
The Data Controller is Oasitravel . ("Oasitravel " or the "Owner"), based in Via Monte Grappa 4, 30034, Oriago di MIra (VE).
The Owner has appointed a Data Protection Officer ("Data Protection Officer" or "DPO"), which you may contact to exercise your rights, as well as to receive any information relating to the same and / or this Policy, by writing to: email@example.com
2. What personal data we process
2.1. Common personal data
For the purposes indicated in this Information Notice, the Data Controller processes common personal data such as personal details (name, surname, tax code, address, telephone number, e-mail and other contact details).
2.2. Personal data of family members or third parties
Finally, to respond to requests made by you from time to time through the Site, the Owner may need to acquire personal data of your family members and / or third parties, including minors.
In this sense, you undertake to inform your family members of such processing, also by providing them with this notice.
2.3. Source of personal data.
Your personal data processed by the Owner are those you provide directly by filling in the various forms on the Site.
3. Finalità e base giuridica del trattamento, natura del conferimento e conseguenze di un rifiuto di conferire i dati personali
3.1 Request for quote and fulfillment of legal obligations
Your personal data will be processed by Oasitravel for activities closely related and instrumental to the generation of the estimate requested for the trip you selected and any booking and purchase of the same, and for the fulfillment of obligations under laws, regulations and / or Community legislation, or by supervisory and control bodies or other authorities legitimated to do so.
The conferment of your personal data is obligatory for this purpose. Your refusal will make it impossible for the Owner to follow up on your request.
For the processing necessary for the pursuit of these purposes it will not be necessary to obtain your consent because the legal basis of the treatment is, according to current legislation, the satisfaction of a request made by you and the fulfillment of a legal obligation.
In any case, your personal data will be processed until the end of the trip and, after that date, will be kept only for the period of time necessary to comply with current legislation (including the provisions of prescription of rights).
3.2. Website registration
Your personal data may also be processed by Oasitravel in order to satisfy your request for registration to the Site and to provide you with related services.
Also in this case, the treatment does not need your previous consent because the legal basis of the treatment consists, according to the current legislation, in the satisfaction of the request made by you. The conferment of your personal data for the purpose of this Chapter is mandatory and your refusal will make it impossible for Oasitravel to respond to your request for registration to the Site and use of related services.
The data collected for this purpose by the Owner will be kept for the period in which you decide to remain registered to the Site.3.3. Richiesta di servizi tramite il Sito
In addition, your personal data may be processed by Oasitravel in order to satisfy further requests made by you from time to time by filling out the appropriate forms available on the Site (for example, requests for information).
The conferment of data is compulsory and your refusal will make it impossible for the owner to respond to requests from you from time to time formulated.
The treatment does not require your consent as the legal basis is the satisfaction by the owner of a request made by you.
The data collected for this purpose by the Owner may be processed for the time strictly necessary to meet the request made by you and, in any case, will be deleted 6 months after the request has been processed.
3.4. Marketing activities
Oasitravel may use your e-mail address to send you communications of a commercial nature, including the newsletter.
The legal basis of the treatment is your express consent. For the pursuit of the purposes referred to in this Chapter, the provision of your data is optional, so your refusal will not affect the ability of the owner to meet the demands from time to time formulated by you through the site, but will make it impossible to keep you updated on their offers and initiatives.
The data collected will be processed by the Owner until your decision to revoke the consent and / or obtain the termination of treatment.
When sending any communication by e-mail you will be easily allowed to stop the processing of your personal data.
Right to withdraw consent and to object to direct marketing activities
We inform you that, at any time, you have the right to withdraw your consent and/or to object to direct marketing activities by contacting the Data Controller at one of the references indicated in point 1 of this Information Notice.
4. How your personal data will be processed
The processing of your personal data will take place, in compliance with the provisions of the GDPR, by means of paper, computer and telematic tools, with logic strictly related to the purposes indicated and, in any case, in such a way as to ensure the security and confidentiality in accordance with the provisions of Article 32 GDPR.
5. To which subjects your personal data may be communicated and who may become aware of them
For the pursuit of the purposes described in paragraph 3 above, your personal data will be known by employees and collaborators of Oasitravel that will operate as authorized subjects to the treatment and / or responsible for treatment.
The Owner, moreover, may need to communicate your personal data to third parties, belonging or not to the Oasitravel Group and, in particular, by way of example, to the following categories:
subjects that provide services for the management of the computer system of the Owner;
subjects that supply professional services of fiscal, legal and judicial consultancy and assistance;
authorities and organs of vigilance and control and in general subjects, public or private, with functions of public type (for example, police forces, consulates, etc.).
The subjects belonging to the above categories operate, in some cases, in total autonomy as separate data controllers, in other cases, as data processors specifically appointed by Weibotravel in accordance with Article 28 GDPR.
The complete and updated list of the Companies of the Oasitravel Group and/or third parties to which your personal data may be communicated is available at the registered office of the Company.
Your personal data may be transferred outside the European Union, only to the entities indicated in this point 6) and in the presence of an adequacy decision of the European Commission or other appropriate guarantees of a contractual or contractual nature to be provided by the holders involved (including Binding Corporate Rules - BCR, and model contract clauses).
Personal data processed by Oasitravel are not subject to dissemination.
6. What rights do you have as data subject
In relation to the processing described in this Information Notice, as a data subject you may, under the conditions provided for by the GDPR, exercise the rights set out in Articles 15 to 21 of the GDPR and, in particular, the following rights:
Right of access: right to obtain confirmation as to whether or not personal data concerning you are being processed and, if so, to obtain access to your personal data - including a copy thereof - and communication of, among others, the following information:
purposes of the processing;
categories of personal data processed
recipients to whom these have been or will be communicated;
period of conservation of the data or the criteria used;
rights of the data subject (rectification, erasure of personal data, restriction of processing and right to object to processing;
right to lodge a complaint;
the right to receive information on the origin of my personal data if it has not been collected from the data subject;
the existence of an automated decision-making process, including profiling;
Right to rectification: the right to obtain the rectification of inaccurate personal data concerning you and/or the integration of incomplete personal data;
right to erasure (right to be forgotten): right to obtain the erasure of personal data concerning you, when:
the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
You have revoked your consent and there is no other legal basis for the processing;
You have successfully opposed the processing of your personal data;
the data have been processed unlawfully,
the data must be deleted in order to comply with a legal obligation;
the personal data was collected in connection with the provision of information society services as referred to in Article 8(1) GDPR.
The right to erasure does not apply to the extent that the processing is necessary for the performance of a legal obligation or for the performance of a task carried out in the public interest or for the establishment, exercise or defense of legal claims;
Right to restriction of processing: right to obtain the restriction of processing, when:
the data subject disputes the accuracy of the personal data;
the processing is unlawful and the interested party opposes the deletion of the personal data and requests instead that its use be limited;
the personal data is necessary for the establishment, exercise or defence of legal claims;
right to object: the right to object to the processing of personal data concerning you, unless there are legitimate reasons for the Controller to continue the processing;
the right to data portability: the right to receive, in a structured, commonly used and machine-readable format, the personal data concerning you provided to the Controller and the right to transmit them to another controller without hindrance, if the processing is based on consent and is carried out by automated means. In addition, the right to obtain that your personal data is transmitted directly from Weibotravel to another owner if this is technically feasible;
propose a complaint to the Guarantor Authority for the protection of personal data, Piazza di Montecitorio n. 121, 00186, Rome (RM).
The rights referred to above may be exercised in respect of the owner, contacting the references indicated in paragraph 1 above.L’esercizio dei Suoi diritti in qualità di interessato è gratuito ai sensi dell’articolo 12 GDPR. Tuttavia, nel caso di richieste manifestamente infondate o eccessive, anche per la loro ripetitività, il Titolare potrebbe addebitarle un contributo spese ragionevole, alla luce dei costi amministrativi sostenuti per gestire la Sua richiesta, o negare la soddisfazione della sua richiesta.
General Contract of Sale
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF TOURIST PACKAGES - GTC
1) REGULATORY SOURCES
The contract for the sale of tourist packages relating to the products in this catalog or other non-catalogue programmes prepared by the Organiser is governed by: these General Terms and Conditions (GTC) to be understood as supplemented by the description of the tourist package contained in the catalog or in the separate travel contract; the booking confirmation sent by the Organiser to the Traveller directly or through the intermediary travel agency, as the Traveller's agent; the clauses set out in the travel documentation delivered to the Traveller; Legislative Decree no. 62/2018 implementing EU Directive 2015/2302 of the European Parliament and the Council on 25 November 2015 (respectively Legislative Decree and Directive) and other relevant mandatory laws that are applicable to the same.
For the purposes of these GTC, the following definitions shall apply:
(a) Tourist Service:
(1) the transportation of passengers;
2) accommodation that does not form an integral part of the carriage of passengers and that is not intended for residential purposes or for long-term language courses;
3) the rental of cars, other motor vehicles pursuant to the Decree of the Minister of Infrastructure and Transport dated April 28, 2008 (G.U. n. 162 of July 12, 2008) or motorcycles that require a driving license category A pursuant to Legislative Decree n. 2 of January 16, 2013;
4) any other tourist service that is not an integral part of one of the tourist services under 1), 2) and 3) and is not a financial or insurance service;
b) Additional tourist service: ancillary services, such as, among others, the transport of the Traveller's luggage; the use of paid parking spaces at stations or airports; the transport of passengers for short distances during guided tours or transfers between an accommodation facility and a travel station by other means; the organization of entertainment or sports activities; the provision of meals, beverages and cleaning of the accommodation; the use of bicycles, skis and other equipment in the accommodation or access to on-site facilities, such as swimming pools, beaches, gyms, saunas, wellness or spa centers, including for hotel guests; any other supplementary service typical of local practice;c) Pacchetto: la combinazione di almeno due tipi diversi di servizi turistici, in conformità alle previsioni del D.Lgs.;
d) Tourist package contract (Contract): the contract relating to the entire Package or, if the Package is provided on the basis of separate contracts, the set of contracts relating to the tourist services included in the Package;
e) Start of the Package: the beginning of the performance of the tourist services included in the Package;
f) Connected tourist service: the combination of at least two tourist services that are not included in the Package and that involve the conclusion of separate contracts with the relevant suppliers;
g) Traveler: anyone who intends to enter into a contract, concludes a contract or is authorized to travel on the basis of a contract concluded, pursuant to Legislative Decree;
h) Professional: an individual or legal entity, acting in accordance with the Legislative Decree, as an Organizer or Seller, including related tourist services, as well as a supplier of tourist services;
i) Organizer: a professional who combines and sells packages, including through or together with another professional, within the scope of the discipline envisaged by the Legislative Decree;
l) Seller: the professional, other than the Organizer, who sells or offers for sale packages combined by an Organizer;
m) Durable medium: any instrument that allows the Traveller or Professional to store information that is personally addressed to them;n) Circostanze inevitabili e straordinarie: una situazione fuori dal controllo della parte che ne invoca la sussistenza e le cui conseguenze non sarebbero state evitate nemmeno adottando tutte le ragionevoli misure;
o) Non-compliance: a non-performance or inexact performance of the tourist services included in a Package;
p) Minor: a person under the age of 18;
q) Point of Sale: any premises, mobile or immovable, used for retail sales or retail website or similar online sales tool;
r) Return: the return of the Traveler to the place of departure or other place agreed upon by the parties.
3) PRE-CONTRACTUAL INFORMATION FOR THE TRAVELLER
On the website www.oasitravel.com the Traveller can download Annex A Part I of the Legislative Decree ["Standard information form for tourist package contracts where the use of hyperlinks is possible"], which contains the information that the Organiser provides to the Traveller.
In this catalog, with reference to each destination, the pages dedicated to it contain the main characteristics of the tourist service offered and any minimum number of people required for the package. The GTC contain further binding information in relation to the conclusion of the contract. Any changes to the pre-contractual information contained in this catalog will be provided to the Traveler before the conclusion of the contract.
It should be noted that the travel documents provided to the Traveller prior to the start of the package indicate the name and contact details (geographic, telephone and email) of the Organizer and the Seller, if any, as well as the local representative of the Organizer, and an indication of a contact point or other service that allows the Traveller to communicate quickly and effectively with the Organizer to request assistance or to address any complaints relating to lack of conformity found during the execution of the package. The means of transport, characteristics and categories of transport, the place, date and time scheduled for departure and return, the duration and location of intermediate stops and connections are also indicated.
4) BOOKING - CONCLUSION OF THE CONTRACT
The booking request must be made on a durable medium, filled out in its entirety and signed by the Traveller. The acceptance of the booking request by the Organizer, leading to the conclusion of the contract, is considered complete when it is received by the Traveller, possibly through the Seller. In the latter case, it is understood that the Seller will issue the Traveller with a copy of the Contract only after having received the aforementioned confirmation from the Organiser. With regard to contracts concluded outside of business premises, as defined in Art. 45, paragraph 1, letter h) of Legislative Decree 206 of 6 September 2005, a copy or confirmation of the contract of sale of a tourist package will be provided to the Traveller on paper or, if the Traveller agrees, on another durable medium.5) PREZZO
The price of the tourist package is determined in the Contract, with reference to what is indicated in the catalog or in the program outside of the catalog, taking into account any updates that may have occurred in the meantime and communicated to the Traveler during negotiations for the sale of the Package. The prices of each package are calculated on the basis of daily installments, so that in the event that the start and end dates fall in two weeks with different rates, the price on a weekly basis may be different from what is shown in the catalog.
The price tables of each package are shown in the pages of this catalog dedicated to individual destinations, within these pages are explicitly indicated the services included and those excluded from the cost of the package (under the words: "The prices include" / "The prices do not include").
The prices are composed of:
registration fee or management fee practice;
participation fee: expressed in the catalog or in the price quotation provided to the intermediary or the Traveler;
cost of any insurance policies against the risk of cancellation and / or medical expenses or other services required;
cost of any visas and entry and exit taxes from the countries of the vacation destination, airport and/or port charges and taxes.
Any promotional offers that may be adopted by the Organizer will be specifically regulated in the communication of the advertised offer. Such promotions will be valid for the relevant period of reference and will not be retroactive, unless specifically derogated.
Subsequent to the conclusion of the Contract, the price may be increased only as a result of changes concerning:a) Il prezzo del trasporto dei passeggeri in funzione del costo del carburante o di altre fonti di energia;
b) The level of taxes or fees on tourist services included in the Contract, imposed by third parties not directly involved in the execution of the
Package, including landing, disembarkation and embarkation taxes at ports and airports;
c) Exchange rates relevant to the Package.
For such changes, reference will be made to the exchange rate and prices in force on the date of publication of the program, as reported in the data sheet in the catalog, or on the date reported in any updates published on the websites.
In the same cases, if the changes are downward, the Traveller is reciprocally entitled to a reduction in price, without prejudice to the Organizer's right to retain the administrative costs of handling the paperwork, justifiable on request.
It should be noted that the prices of tourist packages in this catalog and on the website www.igrandiviaggi.it have been quantified according to the economic and fiscal data known at the date of publication of the catalog.
For the calculation of any variation will refer to the values in force at the time of signing the contract.
In the event that the increase in the cost of the package is greater than 8% of the original amount of the price, the same provisions of art. 8 apply.
No change in price may intervene in the twenty days prior to departure.
It should be noted that, in the case of the sale of a package including flights at a special rate, the Traveller who intends to change the return and has received notice from the Organizer that he/she will be able to find a seat on a flight other than the one originally booked, must pay for the new flight ticket on site before departure. In the case of a scheduled flight, since the ticket is issued at a concessionary rate, no change is permitted regarding the retu6) TEMPISTICHE E MODALITÀ DI PAGAMENTO
At the time of booking must be paid a deposit equal to 25% of the participation fee, in addition to the registration fee / practice management. The balance must be paid at least 30 days before the start of the trip. For bookings made less than 30 days before the date of departure, the full amount must be paid at the time of booking. Failure on the part of the Organizer to receive the above payments by the established dates will entitle the Organizer itself to assert termination of the contract, this being understood to be an express termination clause of the contract pursuant to law. The payment of the deposit and the balance can be made in the following ways: bank transfer, credit card, cash within the limits allowed by law. The balance of the price is considered to have been paid when the amounts are received by the Organizer directly from the Traveller or the Intermediary.
7) TRANSFER OF THE CONTRACT
The Traveller, subject to prior notice given to the company on a durable medium no later than seven days before the start of the package, may transfer the contract to a person who meets all the conditions for the use of the services. The transferor and the transferee of the Contract are jointly and severally liable to the Provider for payment of the balance of the price and any other fees, taxes and additional costs, including any administrative and handling costs, resulting from such an assignment.
The Provider shall inform the assignor of the actual costs of the assignment, documenting them appropriately with particular regard to the costs of issuing new airline tickets required by the carrier.8) MODIFICHE DELLE CONDIZIONI CONTRATTUALI
The company reserves the right to unilaterally make minor changes to the conditions of the contract other than the price, giving notice to the Traveller on a durable medium. If, prior to departure, the company needs to significantly modify one or more of the main characteristics of the tourist service, or intends to propose a price increase of more than 8% if the conditions are met, or is unable to meet the demands of the Traveller that have already been accepted, it will notify the Traveller on a durable medium and the Traveller, within two days of receiving the communication from the company, may accept the modification or withdraw from the contract without paying any compensation, may either accept the change or withdraw from the contract without paying the costs of withdrawal, with the right to be reimbursed by the company, within fourteen days of the effectiveness of the withdrawal, the amounts paid, unless he or she agrees to use a replacement package of equivalent or superior quality that the company may have made available to him or her. In the absence of communication within the above deadline, the change formalized by the Organizer is considered accepted. If the changes to the original package or the conditions of the replacement package result in lower quality services or lower costs, the Traveller has the right to an appropriate price reduction.
9) WITHDRAWAL OF THE TRAVELER BEFORE THE BEGINNING OF THE PACKAGE
The Traveller may withdraw from the Contract at any time prior to the commencement of the package, acknowledging to the Organizer the reimbursement of expenses incurred, reasonably quantified in a standard measure, with reference to the time at which the withdrawal takes place, the expected cost savings and the income expected from the reallocation of services, in accordance with the following cases:
A) Packages with regular scheduled services at normal rates and with stays in hotels, apartments, residences, villas and villages in hotel formula:
- 15% of the participation fee, up to 15 calendar days before departure;
- 30% of the participation fee, from 14 to 10 calendar days before departure.
In the case of notice of withdrawal received after the tenth calendar day prior to departure, the refund will be equal to
the full amount of the participation fee.
B) Tour packages with regular flights at special fares or EN or with chartered or special flights (up to 5 hours of non-stop flight time) - Group tour packages with other means of transport:
- 15% of the participation fee, up to 30 calendar days prior to departure;
- 25% of the participation fee, from 29 to 21 calendar days prior to departure;
- 50% of the participation fee, from 20 to 11 calendar days before departure.
In the event that notice of withdrawal is received after the eleventh calendar day prior to departure, the refund will be equal to the full amount of the participation fee.C) Pacchetti con voli noleggiati o speciali (oltre 5 ore di volo non-stop) e voli regolari a tariffa speciale o IT intercontinentali - Crociere marittime - Pacchetti turistici con soggiorno in appartamenti, residence, ville e villaggi in formula affitto:
- 15% of the participation fee, up to 30 calendar days before departure;
- 30% of the participation fee, from 29 to 18 calendar days before departure;
- 50% of the participation fee, from 17 to 10 calendar days before departure.
In case of notice of withdrawal received after the tenth working day prior to departure, the refund will be equal to the full amount of the participation fee.
It should be noted that the Traveller must also reimburse the Organizer for the price of the services, both air and ground, included in the package that require immediate payment that may have been advanced by the Organizer upon confirmation of the reservation by the Traveller or that involve, in the event of withdrawal, the charging of penalties by the supplier to the Organizer.
Please note that the "Travel Cancellation Policy NR 206509 for optional membership" included in the "Insurance Policies" section of this catalog provides, in the second case referred to in the preceding paragraph, the intervention of the insurance company in favor of the traveler, within the limits indicated in the same policy.
It should be noted that in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity that have a substantial impact on the execution of the package or the transport of passengers to the destination, the Organizer has the right to offer the Traveller alternative travel solutions suitable to replace the original ones; If the Traveller proves that he/she cannot reasonably make use of these, he/she has the right to withdraw from the contract before the start of the package without paying withdrawal fees, with the right to a full refund of payments made net of agency fees and without any additional compensation. The Organizer may withdraw from the Contract and offer the Traveller a full refund of payments made, without any additional compensation, in the following cases
a) failure to reach the minimum number of persons required by the Contract provided that the Traveler is notified within the established time limit and in any case no later than 20 days before the Start of the package in the case of trips that last more than six days, 7 days for trips that last between two and six days and 48 hours for trips that last less than two days;
b) the Organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and notifies the Traveler of the cancellation without undue delay prior to the start of the package.
The refunds provided for in the preceding paragraph will be made by the Organizer within 14 days of the cancellation.
In the case of contracts concluded off-premises, the Traveller has the right to withdraw from the Contract, without penalty and without providing any reasons, within 5 days of its conclusion or, if later, from the date on which he/she receives the contractual conditions and preliminary information. In the case of offers with rates that the Organizer demonstrates have significantly decreased compared to current prices, the right of withdrawal of the Traveller is excluded.
10) LIABILITY REGIME FOR SITUATIONS OCCURRING DURING THE EXECUTION OF THE CONTRACT
The Organizer is responsible under the terms of the Legislative Decree for the execution of the tourist services provided in the Contract.
The Traveller, in accordance with articles 1175 and 1375 of the Civil Code, is obliged to inform the company in a timely manner of the situation, is obliged to promptly inform the company, directly or through the seller, of any lack of conformity found during the execution of the tourist service provided by the contract, indicating a reasonable deadline, in relation to the duration and characteristics of the package, within which the company must remedy it, where possible and if not excessively costly, taking into account the extent of the defect and the value of the services, possibly using the same faculty to propose alternative travel solutions within the limits set out in Art. 9 above.
If the Organizer fails to remedy the situation, the following article 11 will apply on the subject of price reduction and compensation for damages. In any case, if the company fails to do so, the Traveller may personally remedy the defect and request reimbursement of the necessary, reasonable and documented expenses; he/she may do so, even without indicating a deadline, if the company refuses to remedy the situation or if it is necessary to remedy it immediately.
In the case of a non-conformity defect of no small importance in accordance with article 1455 of the Civil Code, if the company has not remedied the situation within the time limit indicated, the Traveller may, without charge, terminate the Contract by right and with immediate effect, or request a reduction in price, without prejudice to any compensation for damages. In the event of termination of the Contract, if the Package included the transportation of passengers, the Organizer shall also arrange for the return of the Traveller by equivalent transportation without undue delay and without additional costs; if this is impossible, the Organizer shall bear the costs of the necessary accommodation of an equivalent category, if available, for a period not exceeding three nights or for the longest period that may be required by the European Union legislation on passenger rights, applicable to the relevant means of transport. The aforementioned cost limitations do not apply to persons with reduced mobility, as defined in Article 2(1)(a) of Regulation (EC) No 1107/2006, and their companions, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organizer has been notified of their special needs at least forty-eight hours before the start of the package.
The Organizer may not invoke unavoidable and extraordinary circumstances to limit its liability if the transportation service provider cannot invoke the same circumstances under applicable European Union law.
If, due to circumstances beyond the control of the company, it is impossible to provide a substantial part, in terms of value or quality, of the combination of tourist services agreed upon in the contract, the company is obliged to offer, where possible and at no extra cost, suitable alternative solutions of equivalent or superior quality, it being understood that, in the case of lower quality, the Traveller has the right to an appropriate reduction in price.
The Traveller may only reject the proposed alternative solutions if they are not comparable to the contents of the Contract or if the price reduction is inadequate.
If the Traveller does not accept alternative solutions that are in accordance with the Contract or if it proves impossible to provide alternative solutions, a reduction in price is granted. Should the company fail to comply with its obligation to offer alternative solutions, the Traveller will have the right to terminate the contract, subject to the provisions of the fourth paragraph of this article..
11) PRICE REDUCTION AND COMPENSATION FOR DAMAGES
In the event of a lack of conformity, the Traveller has the right to an appropriate reduction in the price, taking into account the relative time effect, unless the company proves that the defect is attributable to the Traveller or that the Traveller has accepted alternative travel arrangements proposed by the company. The Traveller also has the right to compensation for damages, unless the company proves that the lack of conformity is attributable to the Traveller, or to a third party not involved in the provision of the tourist services included in the Contract, or that it is due to unavoidable and extraordinary circumstances. In any case, the amount of compensation may not exceed three times the price of the Package for the individual Traveller, except for personal damages or those caused by fraud or negligence.
The limitations provided by international conventions on the extent of compensation even by a supplier providing a tourist service included in the Package, as well as the provisions of EC and EU regulations in force, shall apply, without prejudice to the non-cumulation of the relative economic values. The right to a reduction in price or compensation for damages provided for in this article is prescribed in two years from the date of the Traveller's return to the place of departure. The right to compensation for personal damages is prescribed in three years from the date of the return of the Traveller to the place of departure or in the longer period provided by the provisions that regulate specific services included in the Package.
12) OBLIGATIONS OF PARTICIPANTS
It should be noted that travelers, even if under age, must be in possession of a personal passport or other document valid for all countries included in the travel itinerary, as well as residence and transit visas and health certificates that may be required. Participants must also comply with the rules of normal prudence and diligence, with all instructions and information previously provided to them by the Organizer, as well as with the regulations and administrative and legislative provisions relating to the Package. With regard to the exit from the country of minors under the age of 14 and for those for whom authorization issued by the Judicial Authority is required, the prescriptions indicated on the State Police website http://www.poliziadistato.it/articolo/191/ must be followed.
In the event that the Traveller is unable to produce the above documents to the competent Authorities, the Organizer is not obliged to make any reimbursement in favor of the Traveller who is unable to use the Package for this reason.
It should be noted that non-EU citizens or those with foreign passports should contact their Consulate or Embassy in time for the issuance of the documents necessary for the use of the package purchased by them.
All general information on the package is provided by the Organizer on the pages of this catalog relating to the various villages and in those containing the "Useful Information"; for programs not included in the catalog, this general information is provided in the specific brochures or other reference documentation, without prejudice to any explicit reference, even in the latter case, to these GTC, which are in any case to be considered applicable even in the absence of specific reference.
All official information of a general nature on foreign countries, including those relating to the security situation, including health and the documents required for access to Italian citizens, are provided by the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it, or through the Operations Center by telephone on 06/49.11.15, and are, therefore, publicly available; since this information is subject to changes and updates, the traveler is invited to independently verify the formulation officially expressed, through consultation of the above website.
No responsibility can be attributed to the Organizer for any damages suffered by the traveler and related to the inability to begin and/or continue the trip, caused by the lack or irregularity of the prescribed travel documents and/or failure to comply with health requirements and the related formalities in the country of destination.
The participants will be held liable for all damages that the Organizer may suffer due to their failure to comply with the above obligations. The traveler is obliged to provide the company with all documents, information and elements in his or her possession, useful for the exercise of the latter's right of subrogation against third parties responsible for the damage, and is in turn responsible to the company for the prejudice caused to the right of subrogation. The Traveller will also communicate in writing to the Organizer, at the time of booking, particular requests and situations, including those of a medical nature, which may eventually be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them at the sole discretion of the Organizer. No responsibility can be ascribed to the Organizer for the consequences of such particular situations, including those of a medical nature, which have not been previously communicated to the Organizer and formally accepted by the latter.
13) GENERAL INFORMATION
The catalog is printed well in advance of the period of validity of the same, so the opening and closing dates of the villages, as well as some of the services offered, may be subject to change (with regard, merely as an example and not limited to the number of restaurants and bars open and the organization of sports and entertainment). In the event of delays in the air transfers included in the tour package and, in general, of changes to the travel program that prevent the Traveller from taking advantage of any additional transfers that he or she may have independently organized, the Organizer cannot be held responsible for such non-use and for any consequent costs that the Traveller may incur for any reason. It should be noted, finally, that the information relating to activities to be carried out outside the villages are provided purely as an indication, as the organization of these activities, as well as changes and/or cancellations of the same, are attributable exclusively to third party suppliers.
14) RELEVANT PATHOLOGIES
The tourist facilities are organized to accommodate in an appropriate manner the Traveller who is in normal health conditions or is affected by pre-existing diseases of minor importance, which the Traveller is required to report at the time of booking or arrival at the facility. In the case of major illnesses that require special precautions for the ordinary course of the stay, the Traveller is required to provide specific evidence before proceeding with the reservation, in order to verify the suitability of the chosen facility, also in order to propose, in the case of a negative assessment, possible alternatives.
In the absence of the aforementioned initiative on the part of the Traveller, no responsibility can be attributed to the Organizer for any inconvenience that the Traveller may suffer during his or her stay, due to the inadequacy of the facility with respect to the pathology in question.
15) LOGISTIC PECULIARITIES
Some villages, due to their size or particular location, include accommodations that require different routes and crossings to access some common facilities. The Traveller, if he feels the need, is required to report in advance any specific requests relating to the logistical accommodation, in order to ascertain, in good time and in any case before arriving at the facility, the logistical compliance with their expectations of the accommodation assigned.
16) HOTEL CLASSIFICATION
The official hotel classification is indicated in the catalog or in other informative material only if it is formally established by the competent authorities of the country where the service is to be provided. In the absence of official classifications, the Organizer will provide its own description of the accommodation facility in the catalog or other information material.
17) IDENTIFICAZIONE DEI VETTORI
In relazione ai doveri di informazione previsti dal Regolamento CE 2111/2005, si riporta qui di seguito, a mero titolo esemplificativo e non esaustivo, l’elenco delle Compagnie Aeree utilizzate da Weibotravel. per i trasferimenti ricompresi nei pacchetti turistici dalla medesima organizzati: Aegean, Alitalia, Air Canada, Air France, Air Italy, Air Mauritius, Air Namibia, AirOne, Air Seychelles, Air Tahiti Nui, American Airlines, Blue Panorama Airlines, British Airways, Continental, Delta Airlines, Egyptair, Emirates, Etihad, KLM, Livingston, Lufthansa, Meridiana Fly, Neos Air, Olympic Airways, Pegasus, South African Airways, Sri Lankan Airlines, Swiss, United, Turkish Airlines, e occasionalmente altri vettori I.A.T.A.
At the time of the booking confirmation, the Organizer will inform the Traveller of the specific Airline used for the transfer included in the tour package and any possible non-conformity of the Airline to European Union regulations; any change regarding the carrier will be promptly communicated by the Organizer to the Traveller, through the Seller, provided that the change is due to events that occurred at a time that allows for timely communication.
It should also be noted that since October 17, 1998, only Community carriers have unlimited liability for damages due to death, wounds and injuries to passengers, pursuant to EC Regulation No. 2027/97, which also establishes the objective liability (i.e., without fault) of the carrier for damages up to the amount of 100,000 drawing rights, equivalent to 121,982.99 Euros (as of 06/30/98). The Organizer, for international air connections, also makes use of many non-EU carriers, not bound by the above-mentioned regulations.
18) OBLIGATION OF ASSISTANCE
The Organiser is obliged to assist the Traveller without delay if he/she finds him/herself in difficulty due to the incorrect execution of the Package or due to the impossibility of carrying it out, providing him/her with information regarding health services and local and consular authorities, as well as adequate support for long-distance communication and for finding alternative tourist services.
The Provider may charge a reasonable fee for the assistance provided, if the problem is caused intentionally by the Traveller or through the Traveller's fault, within the limits of the expenses actually incurred.
The Provider is not liable to the Traveller for the failure of the Seller to fulfill its obligations.
19) COMPLAINTS AND CLAIMS - FORFEITURE - PRESCRIPTION
The Traveller is obliged to inform the Organiser, either directly or through the Seller, of any lack of conformity detected during the execution of the tourist service. The Traveller may address messages, requests or complaints relating to the execution of the package directly to the Seller who, in turn, will promptly forward them to the Organiser. The date of receipt of the reports is also considered the date of receipt for the Organizer.
In accordance with the provisions of articles 34 and 47 of Legislative Decree no. 196/2003, notice is hereby given that the guarantee for the eventuality of insolvency or bankruptcy of the Organizer is represented by:
Nobis Compagnia di Assicurazioni S.p.a - LEGAL HEADQUARTERS Via Lanzo 29 10071 Borgaro Torinese (TO)- Tel. + 39 039 9890001 Fax. + 39 039 9890694 email: firstname.lastname@example.org PEC: email@example.com
- INSURANCE AGAINST CIVIL RESPONSIBILITY IN FAVOR OF THE TRAVELER
We indicate the details of the compulsory insurance coverage with regard to civil responsibility for the compensation of damages suffered by the traveler: Nobis Company
MULTIPLE INSURANCE INCLUDED IN THE PACKAGE
Please note that it is not included in the registration fee the adhesion to the Nobis Policy to cover expenses arising from medical care, theft/damage of luggage and early repatriation caused by serious accidents, as specified in the Policy Conditions.
- OPTIONAL TRAVEL CANCELLATION INSURANCE
The traveler is advised that it is possible to adhere to the Nobis Travel Policy for the hypothesis of "Trip Cancellation" due to the causes specified therein.
Weibotravel. is not responsible in any case for excursions not included in the catalog purchased on site by the traveler.
22) ALTERNATIVE DISPUTE RESOLUTION MECHANISM
Please note that the Organizer may propose to the Traveller - in the catalog, on its website, in other informative documentation, or in other forms - alternative ways of resolving disputes that have arisen. In this case, the company will indicate the type of alternative resolution proposed and the effects that such adherence entails.ADDENDUM CONDIZIONI GENERALI DI CONTRATTO DI VENDITA Dl SINGOLI SERVIZI TURISTICI
A) REGULATORY PROVISIONS
Contracts whose object is to offer only the transport service, or stay, or any other separate tourist service, not being able to be configured as a negotiated case of organization of travel or tourist package, are governed by Articles. 1, 3, 6, from 17 to 23 and from 24 to 31 (limited to those parts of these provisions that do not refer to the travel organization contract) of the International Convention relating to the Travel Contract (CCV) signed in Brussels on 23 April 1970, as well as other agreements specifically referring to the sale of the individual service contracted. The Seller who undertakes to procure a tourist service to third parties, even electronically, is obliged to issue to the contracting party the documents relating to this service bearing his signature, even electronically. These documents or the relevant invoice will show the amount paid for the service.
B) CONTRACT CONDITIONS
The following clauses of the general terms and conditions for the sale of tourist packages are also applicable to these contracts: nos. 4, 5, 7, 8, 9, 10 (modifications after departure) and 18. The application of these clauses does not in any case entail the configuration of the relative contracts of sale as a tourist package contract.
The terminology used in the aforementioned clauses relating to the tourist package contract (organizer, trip, etc.) must, therefore, be understood with reference to the corresponding figures in the contract for the sale of individual tourist services (seller, stay, etc.).
ADDENDUM VENDITA DI SERVIZI TURISTICI COLLEGATI
1) It is specified that professionals facilitating Linked Tourist Services are subject, for the reimbursement of all payments they receive from Travelers, to the provisions of articles 47 and 48 of the Legislative Decree insofar as a tourist service that is part of a Linked Tourist Service is not performed due to the insolvency or bankruptcy of the professionals.
2) Before the Traveler is bound by a contract leading to the creation of a Linked Tourist Service or a corresponding offer, the Professional who facilitates the sale of Linked Tourist Services declares clearly and precisely that the Traveler
a) will not be able to invoke any of the rights that apply exclusively in the case of the sale of a Tourist Package and that each service provider will be solely responsible for the exact contractual execution of its service;
b) may invoke the protection provided in the event of insolvency or bankruptcy.
3) In the event that the professional who facilitates linked tourist services has not complied with the obligations set out in paragraphs 1 and 2, the rights and obligations set out in Articles 38 and 41 and Section IV of the Legislative Decree shall apply in relation to the tourist services included in the linked tourist service.
On the website www.oasitravel.com the Traveller can download Annex B to the Legislative Decree or any other document containing the information that the Organiser provides to the Traveller.
Compulsory communication according to art. 17, paragraph 1, Law n. 38 of February 6, 2006.
Italian law punishes with imprisonment crimes concerning prostitution and child pornography even if committed abroad.
INFORMATION pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR").
The Data Controller is Weibotravel ("Weibotravel" or the "Data Controller"), located in Via S.Ilario , 30/7, 30034, Malcontenta di Mira.
Weibotarevl has appointed a Data Protection Officer ("Data Protection Officer" or "DPO") that the Traveler may contact to exercise his rights or to receive any information related to the same, by writing to:
1. PURPOSES OF TREATMENT
The personal data provided directly by the Traveller or collected from third parties, are processed by Weibotravel for the following purposes:
(a) to execute the contract that the Traveler has entered into with Weibotravel and, in particular, satisfaction of requests made by the same from time to time for this purpose;
b) to comply with obligations under laws, regulations and / or EU regulations, or by supervisory and control bodies or other authorities empowered to do so.
2. METHODS OF TREATMENT
The processing of the Traveller's personal data will be carried out by means of paper, computer and telematic tools, in such a way as to
guarantee security and confidentiality in accordance with the provisions of Article 32 GDPR.
3. COMMUNICATION OF PERSONAL DATA
In order to achieve the purposes indicated in the previous point 1, Weibotravel may need to communicate the personal data of the Traveller to third parties, belonging or not to Weibotravel and, in particular, to the following categories
(a) Airlines, hotel facilities and transfer services;
b) Insurance companies;
c) Subjects that provide services for the management of the Owner's computer system;
d) Subjects that provide professional consulting services and fiscal, legal and judicial assistance;
e) Any other person to whom the data must be communicated under an express provision of law.
The personal data of the traveler will not be disclosed by Weibotravel.
4. RIGHTS OF THE INTERESTED PARTY
By using the contacts indicated in this statement, the traveler can exercise: the right to access, rectify, cancel and portability of personal data, the right to limitation of and opposition to the processing, as well as the right to complain to the supervisory authority.
The complete information containing all the information required by Articles 13 and 14 of the GDPR, together with a full description of the rights granted to the Traveller, is available on the website www.oasitravel.com in the Privacy section.
Please note, finally, that the Organizer may install, within its villages, for security reasons, video surveillance systems, whose presence is reported as required by law.
Technical Organization Oasitravel
Insurance policies n.1505000897/X NOBIS SPA.
Standard information form for tourist package contracts
The combination of tourist services proposed to you is a Package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights that apply to packages.
Oasitravel based in Oriago di Mira ( VE) - Via Monte Grappa will be fully responsible for the proper execution of the Package as a whole. In addition, as required by law, Weibotravel. has protection to refund your payments and, if transportation is included in the package, guarantee your repatriation in case you become insolvent. For more information on Fundamental Rights under Directive (EU) 2015/2302.
DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015 ( https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A32015L2302 )
1. Travelers will receive all essential information about the package prior to the conclusion of the package tour contract.
2. There is always at least one professional responsible for the proper execution of all tourist services included in the contract.
3. Travelers will be given an emergency telephone number or the details of a contact point through which to reach the organizer or travel agent.
4. Travelers may transfer the package to another person, subject to prior notice on a durable medium to be communicated no later than seven days before the start of the package and possibly at additional cost.
5. The price of the package may be increased only if specific costs increase (for example, fuel prices) and if expressly provided for in the contract, and in any case no later than 20 days from the start of the package. If the price increase is more than 8% of the price of the package, the traveler may withdraw from the contract by informing the company within two days of receipt of the communication sent to him by the company regarding the change, unless he agrees to use a replacement package of equivalent or higher quality that the company may have made available to him. If the Traveller fails to respond within the aforementioned period of time, the changes made by the company will be considered accepted. If the Provider reserves the right to increase the price, the Traveller is entitled to a price reduction if there is a reduction in the relevant costs.
6. Travelers may terminate the contract without paying termination fees and obtain a full refund of payments if any of the essential elements of the package, other than the price, are materially changed, unless they agree to use a substitute package of equivalent or higher quality that the Provider may have made available. If, before the start of the package, the professional responsible for the package cancels it, the travelers have the right to obtain a refund and, where appropriate, compensation.
7. Prior to the commencement of the package, in exceptional circumstances, e.g. if there are serious security problems at the place of destination which could jeopardise the package, travellers who demonstrate that they cannot reasonably avail themselves of alternative travel arrangements which may have been proposed by the organiser, may withdraw from the contract without paying withdrawal costs. In addition, travellers may at any time prior to the commencement of the package holiday withdraw from the contract against payment of appropriate and justifiable cancellation charges which are reasonably quantified by Weibotravel. as standard.
8. If, after the commencement of the package, substantial elements of the package cannot be provided as agreed, the Traveller shall be offered suitable alternative arrangements at no extra charge. The Traveller may terminate the contract, without paying termination fees, if the services are not performed as agreed and this significantly affects the performance of the Package and the Provider has not remedied the problem.
9. In the event of non-performance or non-conformity of the tourist services, the Traveller also has the right to a reduction in price, unless the Organiser proves that the defect is attributable to the Traveller or that the Traveller has accepted alternative travel arrangements proposed by the Organiser, and/or compensation for damages, unless the Organiser proves that the defect is attributable to the Traveller, or to a third party unrelated to the provision of the tourist services included in the Contract, or that it is due to unavoidable and extraordinary circumstances.
10. The Provider is obliged to provide assistance in the event that the Traveller finds himself/herself in difficulty. If the Provider or, in some Member States, the Seller becomes insolvent, payments will be refunded.
refunded. If the Organizer or, where applicable, the Seller becomes insolvent after the beginning of the package and if transportation is included in the package, the repatriation of the travelers is guaranteed. Weibotravel has subscribed a protection in case of insolvency with the
Travelers can contact this entity or, if appropriate, the competent authority AGCM Autorità Garante della Concorrenza e del Mercato, based in Rome - Piazza Verdi n. 6 - telephone 06 858211 if services are denied due to insolvency of the organizer or seller.
Directive (EU) 2015/2302 transposed into national law.