General Terms and Conditions of Sale Contracts for Travel Packages

1. Introduction

1.1. These General Terms and Conditions of Sale Contract for Tourist Packages apply to any commercial relationships between Dolomite Mountains s.r.l. located in Strada Micurá de Rü, 23°, 39036 San Cassiano in Badia (BZ) P.IVA IT01087580252, Italian Office +39 0471 840005, North American Office +1 866 247 4860, info@dolomitemountains.com (hereinafter “the Vendor'') and the Customer, occurring through the e-commerce selling system on our website www.dolomitemountains.com, via requests sent by the Customer by email or by phone with the support of Dolomite Mountains operators.
1.2. Contents of the travel package as described on the Vendor’s website are an integral part of the travel contract, possibly including the separate travel program, as well as the booking confirmation of the services requested by the Customer and sent to Dolomite Mountains, all documents and information as referred to in article 36, paragraph 8 of the Tourism Code.
1.3. In buying the travel package, the Customer declares that they are aware of and accept for himself and for the fellow Customers for whom they are requesting the services, the present general conditions, and the tour package as described therein.

2. Definitions and Legislation

2.1. The present contract is governed by the Package Travel Regulation defined by the Legislative Decree no. 79 of May 23, 2011 (so-called “Tourism Code”), as currently amended by Legislative Decree no. 62 of 06.06.2018, implementing EU Directive 2015/2302, as well as by the provisions of the Italian Civil Code, the Consumer Code, and the Italian Code of Navigation, where applicable.
2.2. According to art. 33, paragraph 1, no. 4, letter c of the Tourism Code, “Package” is defined as “a combination of at least two different types of travel services for the purpose of the same trip or holiday, if at least one of the following conditions is met:

2.2.1. those services are combined by one trader, including at the request of or in accordance with the selection of the Customer, before a single contract on all services is concluded;
2.2.2. irrespective of whether separate contracts are concluded with individual travel service providers, those services are:

2.2.2.1. purchased from a single point of sale and selected before the Customer agrees to pay;
2.2.2.2. offered, sold or charged at an inclusive or total price;
2.2.2.3. advertised or sold under the term “Package” or under a similar term;
2.2.2.4. combined after the conclusion of a contract by which a trader entitles a Customer to choose among a selection of different types of travel services, or purchased from separate traders through linked online booking processes where the Customer’s name, payment details and email address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service”.

3. Contract Objective and Conclusions

3.1. The objective of the present Contract is to regulate the sale of travel packages operated as indicated in the Introduction.
3.2. The photos/images of the places, the facilities, and the services covered by the travel packages and contained in/on the website www.dolomitemountains.com are merely indicative and do not constitute pre-contractual information in accordance with art. 34 of the Tourism Code.
3.3. The purchase of travel packages by the Customer through the Dolomite Mountains website, either by email or by phone, represents a purchase proposal (submitted) by the Customer to the Vendor. The Vendor reserves the right not to accept a proposal by sending the Customer a statement within 7 days or at the expiration of the deadline with no reply from the Customer/ if this deadline expires without replying to the Vendor. The contract will be concluded at the moment that the Vendor will send, including by electronic system (e.g., by email), the final travel itinerary and the related package features to the Customer, as referred to in art. 36, paragraph 8 of the Tourism Code.
3.4. Any change requested by the Customer of one or more features of the Travel Package they have already purchased will be considered as new purchase proposals that the Vendor will not be able to accept. The provisions of the above-mentioned paragraph do not apply to these requests.

4. Prices and Payments

4.1. The Vendor’s prices and the commercial offers are all published in the pre-contractual information provided by the Vendor on the website, and the Customer has the responsibility to view them prior to requests to purchase a Travel Package. Unless otherwise stated, all prices are VAT. The pre-contractual information provides a detailed description of what the travel package includes; any greater non-indicated cost is to be paid in full by the Customer.
4.2. Within the context of forwarding the order, the Vendor offers several payment options, such as payment by Visa, MasterCard, or bank wire transfer. During the purchase process, the Customer chooses the payment method among those suggested by the Vendor. In case the chosen payment channel is temporarily not available, the Vendor shall promptly notify the Customer by proposing an alternative.
4.3. When purchasing the travel package of choice, the Customer will decide whether to pay in full or a percentage of the total price as a confirmation of the purchase proposal (30%), proceeding to pay the balance later (75 days prior to departure). The pre-contractual information regulates the amounts and the timing to proceed with the payment. For bookings made less than 59 days prior to departure, the price must be paid in full at the moment the purchase proposal is sent. 4.4. The Customer must pay the full amount as stated in the pre-contractual information. Non-payment of the required amounts within the payment deadlines indicated in the above-mentioned document will result in the termination of this contract.

5. Price revision and adjustments

5.1. The Customer is aware that the price of the purchased travel package may be increased or reduced, as indicated below. Price increases, as expressly envisaged by art. 39 of the Tourism Code are only possible as a result of changes involving:

5.1.1. the price of passenger transport based on the cost of fuel or other energy sources;
5.1.2. 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 boarding in ports and airports;
5.1.3. exchange rates relevant to the package.
5.1.4. It will be the Vendor’s responsibility to promptly notify the Customer, through clear and precise communication, of any variations in the price.

5.2. If, before departure, the Vendor needs to make a significant change to one or more of the main features of the travel package referred to in the pre-contractual information or may not be able to meet the specific requests made by the Customer and already accepted by the Vendor, the Customer may, within 5 days, accept the proposed change or withdraw from the contract without paying cancellation costs. In case of withdrawal, the Vendor may offer the Customer a replacement package of equivalent or higher quality.
5.3. The Vendor shall inform the Customer, without undue delay, on a durable medium of:

5.3.1. the proposed changes and their impact on the price of the package;
5.3.2. the period of time/deadline within which the Customer is expected to notify the Vendor of his decision as referred to in paragraph 2;
5.3.3. the consequences of the Customer’s failure to reply within the deadline as indicated in b) and of the offer of a possible replacement package and its price.
5.3.4. If the changes to the contract of sale of the travel package or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the Customer has the right to an appropriate reduction in the price and is entitled to compensation for non-performance of the contract, except in the cases indicated below:
5.3.5. In case of withdrawal from the contract of sale of the travel package, and if the Customer does not accept a replacement package, the Vendor will refund without undue delay and, within fourteen days of withdrawal from the contract, all payments made by the Customer. Refunds are subject to the provisions of art. 43, paragraphs 2, 3, 4, 5, 6, 7, and 8 of the Tourism Code.
5.3.6. The provisions of this article shall similarly apply if the Vendor proposes a price increase of more than 8% of the total price of the purchased travel package.

6. Cancellation (withdrawal) prior to departure of the travel package

6.1. The Customer may withdraw at any time before the start of the travel package upon adequate and justifiable reimbursement to the Vendor of the expenses incurred, which the latter shall duly justify to the Customer who makes such request. The withdrawal must always be provided by the Customer to the Vendor in writing.
6.2. The Customer declares, by sending the purchase proposal, to be aware that in the case of withdrawal from the contract, the following penalties will be applied:

6.2.1. 91+ more days prior to departure: 20% loss of trip cost & 10% transfer to a future trip (within two calendar years);
6.2.2. 60 to 90 days prior to departure: 100% loss of deposit;
6.2.3. 46 to 59 days prior to departure: 50% loss of trip cost + 50% transfer to a future trip (within two calendar years);
6.2.4. 45 days or less prior to departure: 100% loss of full amount  of trip cost. These charges are a percentage of the total cost of the booking. The days indicated are from the trip departure date.

6.3. In accordance with art. 41, in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity which has a substantial impact on the execution of the package or on the transport to the destination, the Customer has the right to withdraw from the contract, before the beginning of the package, without paying withdrawal costs, and to full reimbursement of payments made for the package, but has no right to additional compensation.

6.4. The Vendor may withdraw from the travel package contract and offer the Customer a full refund of the payments made for the package but is not obliged to pay additional compensation if:

6.4.1. the number of people registered in the package is less than the minimum number stipulated in the contract, and the Vendor informs the Customer of the withdrawal from the contract within the period agreed in the contract or in the pre-contractual information, and in any case, no later than 20 days before the start of the package in the case of journeys lasting more than six days, seven days before the start of the package in the case of journeys lasting between two and six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;

6.4.2. the Vendor is unable to perform the contract due to unavoidable and extraordinary circumstances and informs the customer of the withdrawal without undue delay before the start of the package.

6.5. The Vendor will proceed with all reimbursements of the package prescribed in accordance with the above-mentioned paragraphs after deducting the adequate costs without undue delay and, in any case, within 14 days of withdrawal. In the cases referred to in paragraphs 3 and 4, the functionally connected contracts with third parties will be terminated.

7. Substitution and Transfer of the travel package to another Customer.

7.1. As expressly laid down in art. 38 of the Customer Tourism Code, the Customer, upon prior notice given to the Vendor in writing, within and no later than seven days before the start of the package, may assign the contract of sale of the package to a person who meets all the conditions for the use of the service.
7.2. The transferor and the transferee of the travel package sales contract shall be jointly and severally liable for the payment of the balance of the price and any additional duties, taxes, and other costs, including any administrative and handling costs, resulting from such transfer.
7.3. The Vendor shall inform the transferor of the actual costs of the transfer, which shall not exceed the actual costs incurred by the organizer as a result of the transfer of the travel package sales contract, and provides the supplier with evidence of any additional duties, taxes or other costs resulting from the assignment of the contract.
7.4. In any case, all changes required by the Customer to any element related to a confirmed operation, provided their request is possible and unless the request does not constitute a novation of the contractual relationship, will result, in addition to the expenses resulting from the changes, in the payment to the Organizer of a fixed flat fee of 100 euros for every participant, per change made. By way of example but not limited to, all changes subject to the above mentioned fixed flat fee include changes of the itinerary, reduction in services and/or new schedules. Any other significant changes causing a substantial variation of the purchased travel package (for example changes in the travel date, the location and facilities) will be subject to a penalty charge pursuant art. 6 of this agreement.

8. Customer’s Obligations

8.1. The Customer must pay in full the agreed amounts, as stated in the pre-contractual information, in accordance with the procedures and the deadlines specified in the above-mentioned information. Non-payment of the required sums will result in the termination of the contract and will involve the application of penalties as stated in art. 6 of this contract. For international wire transfers, any bank fees must be paid by the Customer.
8.2. The Customer must supply the Vendor with all the documents and necessary information for the use of the purchased package. The customer declares that he is aware that the data and the information provided are truthful and correct and that the Vendor will not be responsible for any errors attributable to the Customer. In the case of any changes or additions to confirmed practices, article 7 of this contract shall apply.
8.3. Before departure, Customers must ensure that they are updated. The Customer undertakes to inquire and read, before departure and in good time, the rules and conditions to be respected in order to use the purchased package (e.g. passports and visas, health requirements, vaccinations, conditions for minor travel, etc.) If the Customer cannot use the package due to personal circumstances not attributable to the Vendor, requests for reimbursement will incur the penalties referred to in art. 6 of this contract.

9. Vendor's Liability

9.1. The Vendor is liable for the performance of the travel services included in the package travel contract, irrespective of whether those travel services are to be performed by the vendor, by the vendor's auxiliaries or agents when acting in the exercise of their functions, by third parties whose work the vendor may have recourse to, or by other travel service providers under Article 1228 of the Italian Civil Code.
9.2. In accordance with the obligations of fairness and good faith, under Articles 1175 and 1375 of the Italian Civil Code, the customer must promptly inform the vendor, directly or via the retailer, taking into account the circumstances of the case, of any lack of conformity found during the performance of a travel service included in the package travel contract.
9.3. If one of the travel services is not performed as agreed in the package travel contract, the vendor will remedy the lack of conformity, unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity and the value of the travel services affected by the lack of conformity. If the vendor does not remedy the lack of conformity, Article 43 of Tourism Code shall apply.
9.4. Without prejudice to the exceptions of paragraph 3, if the vendor does not remedy the lack of conformity within a reasonable period set by the Customer in relation to the duration and characteristics of the package with the complaint made pursuant to sub-paragraph 2, the Customer may personally remedy the lack of conformity and request reimbursement of the necessary, reasonable and documented expenses; if the Vendor refuses to remedy the lack of conformity, or if it is necessary to remedy it immediately, the customer does not need to specify a time limit.
9.5. If a lack of conformity, within the definition of Article 1455 of the Italian Civil Code, constitutes a significant failure to perform the travel services included in a package and the Vendor has not remedied it within a reasonable period set by the Customer with regard to the duration and characteristics of the package, with the complaint made pursuant to sub-paragraph 2, the Customer may, without charge, lawfully terminate the package travel contract with immediate effect or, if necessary, request, pursuant to Article 43 of Tourism Code, a price reduction, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the carriage of passengers, the Vendor must also arrange the Customer's return with equivalent transport without undue delay and at no extra cost to the Customer. In the event of termination of the contract, if the package included the carriage of passengers, the Vendor must also arrange the Customer's return with equivalent transport without undue delay and at no extra cost to the Customer.
9.6. Where it is impossible to ensure the Customer’s return, the Vendor will bear the cost of necessary accommodation, if possible of a category equivalent to what was provided for in the contract, for a period not exceeding three nights per Customer or for the longer period provided for in the regulations of the European Union on passengers' rights, applicable to the relevant means of transport.
9.7. The limitation of costs referred to in sub-paragraph 6 does not apply to persons with reduced mobility as defined in Article 2, paragraph 1, letter a) of Regulation (EC) No 1107/2006 and persons accompanying them, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the Vendor has been notified of their particular needs at least 48 hours before the start of the package. The Vendor may not invoke unavoidable or extraordinary circumstances to limit the liability referred to in this sub-paragraph where the transport service provider cannot rely on the same circumstances under applicable European Union legislation.
9.8. If, due to supervening circumstances not attributable to the Vendor, it is impossible, in the course of performance, to provide a substantial part, in terms of value or quality, of the combination of the travel services agreed in the package travel contract, the Vendor will offer, at no extra cost to the Customer, suitable alternative solutions of a quality, where possible equivalent, or higher, than those specified in the contract, so that the performance of the package can continue, including the possibility that the Customer's return to the place of departure is not provided as agreed. If the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, the Vendor will grant the Customer an appropriate price reduction.
9.9. The Customer may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.
9.10. If it is impossible to make alternative arrangements or the Customer rejects the proposed alternative arrangements, in line with what is indicated in sub-paragraph 8, the Customer is entitled to a price reduction. In the event of a breach of the offer obligation referred to in sub-paragraph 8, sub-paragraph 5 will apply.
9.11. Where, owing to supervening circumstances not attributable to the Vendor, it is impossible to ensure the Customer's return as agreed in the package travel contract, sub-paragraphs 6 and 7 will apply.

10. Compensation Limits by the Vendor

The compensation for damage arising from non-performance or incorrect performance of the services forming the package holiday and the relevant limitation periods are governed by Articles 43 - 46 of the Tourism Code and in any case within the limits established by the International Conventions that govern the services forming the subject of the package holiday as well as by Articles 1783 and 1784 of the Italian Civil Code, with the exception of personal injury which is not subject to a fixed limit. The Customer declares to be aware that the compensation limit by the Vendor, as stated in Article 43, paragraph 5 of the Tourism Code, may not exceed three times the total price of the package. The foregoing provision shall not apply in case of personal injuries or intentional and for culpa damages.

11. Mandatory Communication pursuant to Article 17 of Law no. 38/2006

The Customer declares to be aware that the Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.

12. Additional information

12.1. The Customer may always contact the Vendor and receive assistance by means of the channels and methods indicated in the pre-contractual Information and on the Vendor's website.
12.2. A Vendor's insolvency protection shall benefit Customers regardless of their place of residence, the place of departure or where the package is sold and irrespective of the Member State where the entity in charge of the insolvency protection is located. Information on this procedure is given in the “STANDARD INFORMATION FORM FOR TOURIST PACKAGE CONTRACTS'', available on the Vendor's website.
12.3. In the event of insolvency or bankruptcy of the Vendor, without undue delays and at the request of the Customer, a reimbursement of the price paid for the purchase of the travel package and the Customers’ effective and prompt repatriation, when the package includes transport, may be granted. If needed, the room and board is also guaranteed before return. As an alternative to reimbursement of the price and immediate return, the continuation of the package can be offered to the Customer. In that event, articles 5, 6 and 9 of this contract will apply accordingly.

13. Processing of personal data

13.1. The processing of the Customer’s personal data is disciplined by the privacy policy issued, pursuant to Article 13 of EU Regulation 679/16 “General Data Protection Regulation”, when submitting the travel package purchase proposal and available on the Vendor’s website.
13.2. The Customer declares to be aware that their personal data will be communicated by the Vendor to the facilities or third parties involved in the travel package services purchased. The above-mentioned subjects, when located outside the EU, as independent owners of your personal data (pursuing article 4 EU Regulation No. 679/2016) may apply different personal data processing policies from those of the Vendor. It is therefore the Customer’s responsibility to read the relevant data processing policies directly from the subjects providing the services and the performances included in the purchased travel package.