These general conditions regulate the contracts made by the Users (Clients) with the Providers of Tourist Services (Suppliers), through the Tourist Platform DMS of Terre Pescaresi on www.terrepescaresi.it in order to book tourist services concerning the accommodation in hotel facilities and in extra-hotel facilities (including B&B farm houses, hostels, campsites, cottages, country houses, guest houses, self-catering, etc ...), as well as tourist services and other services useful to the creation of a package tour.
GENERAL CONDITIONS OF THE
USER/TOURIST SERVICE PROVIDER CONTRACT
1 General provisions
The General Conditions of this Contract (hereinafter referred to as: “GCC”) regulate the contracts implemented by the Users and/or Clients with the Tourist Service Providers (hereinafter referred to as: “TSP”), through the DMS (Destination Management System) Tourist Platform of Terre Pescaresi (hereinafter referred to as: “DMS”), aimed at booking tourist services related to accommodation in hotel structures as well as in different ones (including B&Bs, agritourism, hostels, camping sites, holiday apartments, country houses, guest houses, self-catering premises, etc…), plus complementary tourist services and other services typically included in a tourist package.
TSP are direct and indirect Tourist Operators (hereinafter referred to as: “T.O.”) members of the Association “Terre Pescaresi”, which includes tourist operators authorized to offer tourist services directly through the DMS.
Users acknowledge that the GCC herein, published in the dedicated section of the web portal www.terrepescaresi.it, can at any time be subject to modifications or integrations, with immediate binding effect − though not retroactive − after their publication on the web portal www.terrepescaresi.it .
Nevertheless, T.O. retain the option of including particular contract provisions in the presentation forms of their structures, organizations, and products accessible on the DMS during the booking process.
In this case, the aforesaid particular conditions are applied to contracts concluded through the DMS, provided that they are more favourable for the User than the GCC herein, which are also applied if compatible.
In any case, should the User be a Consumer, the contracts he concludes are subject to the application of the provisions included in the L. D. no. 206 of 06/09/2005 (Consumer Code), specifically provisions in articles 50 et seq., besides the ones generally applicable in compliance with L. D. no. 70 of 09/04/2003, related to the services of the of Information Society in the internal market, with particular reference to e-commerce.
2 Definitions
For the purposes of this contract, the following definitions are applied:
3 Subject of the contract
The subject of the contract regulated by the GCC herein is the provision of hotel (and other accommodation forms) services, complementary and functional to the creation of a tourist package, which the TSP delivers to the Client, upon payment, by the latter, of the amount due.
The order of presentation of structures and services that can be booked is random and does not follow any classification or quality criteria, as the structures selected are the results of the search directly performed by the User (or by the Booking Centre), on the basis of the following parameters: location, period, duration, number of rooms requested, number of participants and any filter related to the services requested.
The indications related to the service booked are included in the notes and in the offer details, accessible before the completion of the booking procedure.
TO are directly and solely liable towards the Users for any matter pertaining to accuracy, completeness, truth, and updating of the data entered in the DMS − including prices −, as well as for the availability of services.
4 Conclusion of the contract
As a result of booking through the DMS, the TSP and the Client establish a direct contractual relation, regulated by the GCC herein.
The booking procedure consists of an order related to the tourist service selected by the Client on the DMS, followed by e-mail communication confirming the service requested, which the DMS generates and sends to the Client and to the TSP selected.
The confirmation e-mail should contain − in compliance with the provisions in Art. 13 of L. D. 70/2003 − the review of the general and particular conditions applicable to the contract, the information related to the basic features of the service booked, and the details on price, payment method, and any amount requested as earnest money.
Confirmation can be “subject to collection” in case the TSP requests, as provided in Art. 5 hereinafter, the deposit, by wire transfer, of a specific amount as earnest money. In this case, booking is confirmed once the TSP has successfully verified the credit of the requested amount on his bank account.
There are two types of booking:
• “direct”, in which the DMS automatically generates a confirmation e-mail containing the summary of the booking conditions related to the tourist services selected;
• “upon confirmation” by the selected TSP to the Client − within the following 24 hours − by means of a specific e-mail summarizing the booking conditions. The Client can be considered released in case of a negative reply, communicated via e-mail, or in case he receives no reply by the deadline aforementioned.
In case of “direct” booking, upon completion of the online booking procedure, the User has the possibility of printing the booking confirmation directly from the Booking section.
The selected TSP retains the option of requesting a booking guarantee from the Client, as provided in Art. 5 hereinafter.
5 Guarantees
Upon the execution of the booking, the TSP may require the client to pay a sum of money as a confirmation deposit in accordance with the law no.1385 of the Civil Code, as a form of guarantee of the reservation made or a possible deposit on the total required amount.
Such deposit is a percentage of the total amount of the booked service, calculated on the basis of the measure notified by the TSP to the client which makes the payment of the same, by wire transfer using the bank routing numbers provided by the TSP.
It is without prejudice to the possibility of the TSP, during high season times or for significant amounts, to contact the Client in order to be expressly authorized by this to provide for the payment of the deposit by debiting the same on his credit card.
It is understood that in the latter case, the charge of the earnest money on the credit card is made directly and exclusively by the TSP which, in the event of an absence of authorization by the client, will be free to disengage from the reservation without any responsibility. TP is completely unrelated to the transaction and therefore does not have any responsibility.
In this case the reservation occurs ‘subject to collection’ of the payment of the deposit, to be considered as a resolutive condition pursuant to article no.1353 Civil Code. The TSP is therefore bound to consider the reservation valid for five calendar days from the date on which, the reservation was sent.
Within the same deadline (five days), the Client has to make the wire transfer and send via fax or email, the copy of the proof of payment, to the selected facility, showing the TRN - transaction reference number -(Reference Code of the Operation) or other equivalent code.
In this case, in accordance with the previous article, the confirmation of booking commits the tourist service provider solely to keep the reservation valid for five (5) working days starting from the date of the booking itself.
Once this period has expired with no evidence by the TSP of the required payment, the same, where he intends to free himself from any obligation towards the reservee, must immediately contact the client in writing (via email) to get the confirmation of the non-payment and consider fulfilled the aforementioned condition subsequent with liberating effects towards the customer.
The same liberating effects for the TSP are also produced, should the attempt to contact the customer fail, due to lack of response to the aforementioned e-mail by the same within a period of twelve (12) hours from its submission.
The deposit - once actually paid - is held (also) as a down payment on the price of the service. If, given the deposit, the Client is defaulting, the TSP may break the contract and withhold the paid deposit; if the defaulting party is the TSP, the Client may break the contract and demand double the amount of the paid sum pursuant to this article.
In case of booking requiring the payment of a deposit via wire transfer, the TSP undertakes to respect the conditions referred to in this article.
DMS does not provide for any means of online payment for the bookings concluded by the Client with the TSP; in some cases, if requested by the TSP, the issue of the client’s credit card details is expected only by the client himself, used to guarantee the reservation, without implying the immediate withdrawal of money from his account.
As a matter of fact, the management information systems of the client’s credit card details, have the sole function to check whether at the time of booking the card number number exists and if the validity date of the same has not expired, and also proceed to assess its availability which is considered as existing from the least amount of 1 euro.
It is understood that the payment of the reserved service will be, however, made by the Client directly to the TSP, following the instructions stated by the latter.
During the booking procedure, if the aforementioned form of guarantee has been requested from the TSP, the Client will be therefore asked to directly enter on the booking the credit card details in case of online procedure, or to communicate to the staff of TP when using the Booking Center, as to preserve the confidentiality and protection of data.
TP collects the card details of the Client, in his capacity as external data processor, on behalf of the TSP who will be informed, fulfilling his mandate and for the purposes referred to in this article.
The communication to the TSP of the data collected will be done through direct access by the latter to the Platform. It is understood that the communication of data will only take place for the fulfillment of current contractual obligations between the Client and the TSP. Data communication by TP is only possible on weekdays when the same is open and only during working hours (usually from Monday to Friday from 9 am to 1 pm).
The credit card details may be used by the TSP in order to carry out any possible charges for the application of the penalty specified during the booking procedure, only in the cases listed hereinafter:
i) in the event of "No Show", i.e. in case of non arrival of Client at the booked facility or non use of the service;
ii) in case of cancellation of booking, having been expired the deadline permitted by the GCC between Client and TSP or, where more favourable by the conditions of booking cancellation ("Cancellation Policy") of the individual services;
iii) in the event of unjustified non-payment of the service at the end of the same.
The data, subject to compliance with the legal obligations, will be immediately deleted after its processing .
No responsibility shall be attributed to TP in the event that the operation of communication of the card details is not successful for temporary inability to access the same, due to reasons not attributable to TP or should be not successful the procedure of debit transaction of cancellation penalty or other amount due to lack of coverage or for reasons different from those subject of the mentioned investigation or nevertheless come forth subsequent to the booking.
The data issued by the User are managed by information systems which meet the standards PCI (Payment Card Industry) and DSS (Data Security Standard). All transactions occurr through secure connections via SSL security codes (Security Socket Layer) and https (secure http). Nevertheless TP does assume any liability for possible scams, fraud or abuses by third parties of the card details collected during booking, provided that this is unrelated to acts or facts attributable to the same, by way of intentional fault or serious misconduct.
6 Dated Booking
In the event that the booking is ‘dated’, i.e. it provides for the beginning of the service within four (4) (solar) days from the day after the reservation itself, the TSP is entitled, upon receipt of the booking, to contact the Client in writing within a maximum period of twenty-four hours (24 hours) from booking, to request forms of guarantee additional to those accepted by the Client during the booking procedure.
In particular, the TSP can ask the Client:
a) his credit card details in order to debit immediately the payment of a sum of money as a confirmation deposit according to art. 1385 of the Civil Code, which, however, may not exceed 90% of the total reserved service; that authority is exercisable only in the event that the booking ‘dated’ occurred by wire transfer and this has not been made yet by the Client or in the event of issue of the credit card details to "guarantee" the reservation;
or
b) the transmission, within the period set out by the TSP, by e-mail or fax of a copy of the bank transfer slip, showing the number of Reference Code Operation (CRO) or equivalent. This applies only in case of payment via wire transfer already made by the Client.
It is understood that the TSP must exercise the aforementioned authority in writing - by e-mail or by fax - and within a maximum period of twenty-four hours (24 hours) from the booking, with the result that, in case of oral or written request following this deadline, the reservation validly made by the system shall have binding effect on the parties.
In all cases provided for by the previous letters. a) and b) of Art. 13.2, the Client must follow up to the request of the TSP in the terms indicated by it, being, otherwise in the faculty of TSP considered the contract terminated, pursuant to art. 1456 of the Civil Code, drawing on express termination clause specifically provided for in art. 19.
It follows that the TSP, once activated the express termination clause, can considered himself exempted from any obligation towards the Client, without the possibility for the latter to claim anything as indemnity or compensation, or otherwise. Such a situation occurs, by way of example but not exhaustive, should the transmission of the card details by the Client be not successful as well as in the event of unsuccessful deposit charge through the use of credit card and in the event of failure to send a copy of the deposit slip within the period of time agreed or in the event of proven unavailability of the Client within the same period of twenty-four hours (24 hours) from the booking.
Conversely, where the Client carries out the request of the TSP by paying the deposit or sending promptly a copy of the bank slip, the TSP has the duty to send the Client an e-mail (or fax) summarizing what has been personally and directly agreed from scratch.
The confirmation deposit paid, will be withheld even as advance payment on the price of the service. The provisions laid down in art. 5 above shall apply.
7 Withdrawal and Cancellation of booking - No Show
The TSP acknowledges that with regard to the cancellation of booking by the Client the following provisions shall apply or, where ameliorative for the latter, the provisions of cancellation laid down by the single TSP in his own particular conditions.
The Client who intends to cancel a booking made through the Booking must inform in writing (fax or e-mail) the TSP directly.
Nevertheless, it is understood that the communication of cancellation carried out by the Client to TP, is to be considered equivalent to that carried out directly to TSP.
Notwithstanding the prevision of more favorable conditions for the Client, if such communication is received by the TSP Supplier up to 30 days before the start of the service, the cancellation shall be considered to be freely exercised and the Client shall be entitled to the refund of the deposit paid when booking, net of costs incurred by the TSP (e.g. costs for bank transfer), duly accounted.
The refund shall be made by TSP, by wire transfer within 30 days from the necessary transfer operations of the amount ,as determined in accordance with the preceding article.
In the event that the cancellation will occur after this deadline or will not occur at all (the so-called no-show), the TSP will be able to apply the following sanctions:
-in the event of confirmation deposit provided for pursuant to art. 5 above, the PST is entitled to keep the full amount of money paid by the Client by wire transfer;
- In the event of provision by the Client of the credit card details as a guarantee of the booking, the TSP may carry out a debit transaction on the Client's account of the amount provided for as a penalty and indicated in the datasheet of TSP, being understood that such amount may not exceed 90% of the total of the service booked. In such a case, the TSP will have to notify the customer in advance by e-mail or fax that he intends to debit the amount provided as a penalty.
No Show is the non-arrival of the Client at the facility booked by 6 pm on the agreed day or at the point of delivery of a tourist service not receptive after 30 minutes from the scheduled starting time of the service booked, unless otherwise agreed.
Any change by the Client about the duration of stay already booked and / or the reduction of the number of rooms reserved, must be agreed directly with the hotel booked, without prejudice to the right of the latter to keep the booking to its original conditions or to appeal to the provisions of this Article, where applicable.
8 Replacement accommodation and unforeseeable circumstances or force majeure – Overbooking
The TSP acknowledges and agrees that, as a result of the booking, he is bound directly towards the Client and cannot withdraw from the reservation or cancel it, not even partially, as he has to supply the service booked, unless the provision is impossible for unforeseeable circumstances or force majeure.
In such a case, the contract with the Client is terminated and the TSP has the simple obligation to return what received from the Client as booking confirmation.
Nevertheless, and as long as this is acceptable to the Client,
the TSP can make available for the Client an alternative accommodation, replacing the one booked and no longer available, provided that the first has features equivalent or superior to the latter.
Otherwise, in case of unavailability of the service booked due to overbooking or due to other reasons however attributable to TSP, this latter is required to provide the Client (at their own costs and expenses) for a replacement accommodation as an alternative, which has to be equivalent or higher than the booked one within the same structure or possibly in another facility which is located in the same place or in surrounding towns, belonging to a category at least equivalent to the one booked and offering similar or higher services.
Any additional costs for the replacement accommodation will always and fully be borne by the TSP who is to blame for the unavailability of the service booked.
Nevertheless, should the Client refuse the replacement accommodation, he/she shall be entitled to the refund of any confirmation deposit paid when booking.
Similarly, if the facility is unable or unwilling to find alternative accommodation with the abovementioned features and if the Client has paid a confirmation deposit, the TSP is required to return the deposit eventually received and to compensate the Client for damage and costs caused by overbooking.
9 Feedback and Rating
The DMS provides for a feedback system by publishing ratings and comments from those who have benefited from a tourist service through the DMS.
The Client who concluded a booking via the DNS, will be automatically sent a message, at the end of his/her holiday with the invitation to evaluate the received services, both by a scoring procedure filling in the predefined fields and by expressing his/her own personal comment.
The publication of the evaluation about the DMS (score and possible comments) occurs automatically; TP makes no elaboration, interpretation or change to the comment made by the Client.
Nevertheless there is the possibility for TSP to reply to the received evaluation.
DMS also provides the visualization of the average of the scores given by users (Rating) who, having booked through the DMS, used the tourist services chosen.
TP does not perform any check on the truthfulness of the facts subject to comment and the facts from which the score assigned by the Customer to the tourist service originated.
On the other hand, the Client, by accepting the General Conditions of the contract when booking, assumes on his behalf any related responsibility for whatever reason, to the content of the abovementioned comments, undertaking to indemnify TP against any related claims or demands (including any related legal costs) made by anyone.
Nevertheless the comments contested as illegal shall be promptly removed from TP.
However TP invites the Users to express their thoughts within the bounds of common sense, politeness and without using offensive terms that are contrary to the law, to the public order and morality.
10 Liability
The Client acknowledges and agrees that no liability can be attributed to TP:
- for failure to complete the bookings through the DMS, for any incorrect bookings, for any direct or indirect damage caused by the impossibility even temporary, to use the DMS due to causes not attributable to TP or because of any direct or indirect damage resulting from the misuse by third parties;
- for non-compliance with obligations or delay in relation to the compliance with the contract concluded between Client and TSP. In particular, TP will never be held liable towards the Client for the so-called phenomenon of "Overbooking";
- The TSP is directly liable for the information posted on the DMS and for matters related to the accuracy, completeness, translation and updating of data accessible through the DMS, as well as for the availability of rooms, accommodation and tourist services, for the prices quoted, for the quality of the services offered and for the information, including photographs, published on the web-portal or on partner sites.
11 Suspension of access and use of DMS
The User hereby declares that he is aware that TP may or shall have the right to stop temporarily or permanently block the access and the use of DMS in the cases listed hereinafter:
a) for unforeseeable circumstances or force majeure;
b) by order of the Authority;
c) for works of improvement, repair, maintenance.
In the case referred to in subparagraph c), TP undertakes to make the access to DMS possible within forty-eight (48) hours, if this is due to TP itself and if it falls within its intervention authorities.
12 Animals
Pets are not allowed in the hotel facilities, unless authorization has been previously obtained by the Tourist Service Provider and possibly in return for a consideration.
Pets shall not be permitted to enter the lounges, the common areas and the premises used as restaurants.
The guest is liable for damage caused by his/her pets in compliance with the applicable current legislation.
13 Applicable law and Jurisdiction
These general contractual terms and conditions (GCC) and the specific provisions of each Tourist Service Provider shall be governed by the Italian law.
For any disputes related to the contract between the Tourist Service Provider and the Client, in the event that the latter takes on the role of Consumer, pursuant to Legislative Decree no. 206 of 06/09/2005 (Consumer Code), the court of the place where the Client has his residence or domicile, shall have exclusive jurisdiction, if located in the Italian territory.
If on the other hand, the Client is not a consumer i.e. although he is a consumer, does not have a residence or domicile in the national territory, the Court having jurisdiction to resolve any disputes relating to the abovementioned contract is exclusively the Court of Pescara.
14 Recalling unfair terms
I have hereby read, understood and accepted the provisions included in articles 5 (Guarantees: confirmation deposit and issue of credit card details), 7 (Withdrawal and cancellation of booking: consequences, sanctions and penalties), 8 (Replacement accommodation and unforeseeable circumstances or force majeure: overbooking),13 (Applicable Law and Jurisdiction). The acceptance of these Terms and Conditions and the related unfair terms shall also apply, as prior authorization for the credit institution to use the data entered by the user in the event of application of the penalty.
15 Background information for Users/ Surfers
Background information pursuant to Article 13 of Legislative Decree 196/2003
On this page you can find all the information on how to manage the site http://www.terrepescaresi.it with reference to the processing of personal data of its users.
This background information is provided, also in accordance with art. 13 of Legislative Decree no. 196/2003 (and further amendments) only on the site http://www.terrepescaresi.it and not on other websites possibly consulted by the User through links available on the site http://www.terrepescaresi.it
Data controller
Browsing the site http://www.terrepescaresi.it may involve the processing of data related to identified or identifiable users. The data controller is the Consortium Company ltd Terre Pescaresi.
Data types and purpose of data processing
Surfing data
While browsing the site http://www.terrepescaresi.it the computer systems and software procedures governing the operation of the site collect certain personal data whose transmission is implicit in the use of the Internet communication protocols.
Examples of this type of data are IP addresses or domain names of computers used by users who access the site, URI addresses (Uniform Resource Identifier) of the requested resources, time of request, the method used to submit the request to the server, the size of the file obtained, the digital code indicating the server response (successful, error, etc.) and other information related to the operating system and to the User’s computer environment.
The abovementioned data, although not attributable to identified users, could allow to identify the users to whom personal data refer, through reprocessing data held by third parties.
They are however used by the Consortium Company ltd Terre Pescaresi for the sole purpose of collecting anonymous statistical information about our website and to check the smooth working of the latter and they are immediately deleted after processing. Such data could also be used to ascertain liability in case of hypothetical cyber crimes against the site. Except for this event, data shall be generally kept, for no longer than seven days.
Data provided voluntarily by the User
The collection of personal data of the users may happen voluntarily, by sending e-mails to the addresses listed on the website or by sending electronic forms included in the same site by the users.
Sending e-mails entails the collection, by Terre Pescaresi Consortium Company ltd., of the sender’s e-mail address, which is necessary to reply to the request, as well as any other personal data contained in the communication. The personal data collected following this procedure shall be used by Terre Pescaresi Consortium Company ltd. solely to reply to the e-mail message received and for any subsequent related notifications.
Sending electronic forms to ask for information, involves the collection, by Terre Pescaresi Consortium Company ltd., of the personal data entered in the form itself. The personal data collected following this procedure shall be used by Terre Pescaresi Consortium Company ltd. solely to reply to the request for information received and any subsequent related notifications.
Cookies
The website http://www.terrepescaresi.it only uses the so-called session cookies, which are not permanently stored on the user's computer and are deleted when closing the browser. The use of such cookies is strictly limited to the transmission of session identifiers (constituted by random numbers generated by the server) necessary to allow a safe and efficient website navigation and it allows to avoid the use of other computerized technologies which could potentially affect the user’s privacy when browsing. These cookies do not allow the acquisition of personal identification data of the user
The website http://www.terrepescaresi.it does not use cookies instead to transmit personal information, or any kind of persistent cookies, or systems for the tracking of users.
Optional supply of data
Apart from what specified for data acquired while surfing, the user is free to provide personal data contained in the application forms. Failure to provide them can involve the impossibility to obtain what requested.
Methods of data processing
Personal data are processed using manual and automated systems for the time strictly necessary to achieve the purposes for which they were collected.
Specific security measures are taken to prevent the loss of data, illicit or incorrect use and unauthorized access to them.
Rights of data subjects
In accordance with article 7 of the legislative decree no.196/2003 (and subsequent amendments), users whose personal data refer, have the right at any time to obtain confirmation about the presence or absence of such data and to know their content and origin, also to verify their accuracy or request their integration, update or amendment.
In accordance with the same article, users have also the right to ask for cancellation, transformation into anonymous form or block of data processed in violation of the law and to oppose in any case, to their processing for legitimate reasons.
Requests should be sent to "Terre Pescaresi Consortium Company ltd, - Via A. Costa, 4-65024 Manoppello" or send an email to info@terrepescaresi.it indicating as subject "Personal Data processing".
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