General conditions of the contract of the sale - accommodation, tourist packages, tourist services (activities and experiences)
APT Terme di Comano - Dolomiti di Brenta (Terme di Comano - Dolomiti di Brenta Tourist Board) Soc. Coop., with registered office in Via Cesare Battisti, 74 – Comano Terme, enlisted in the Business Register of Trento, with VAT number / CF 01850510221, REA: TN 182233, telephone +39 0465 702626, Certified email gardatrentino@pec.
For the above purpose APT Terme di Comano - Dolomiti di Brenta manages and hostes a technological platform ("Platform"), conceived and developed by "Feratel media technologies AG -6020 Innsbruck, Maria-Theresien-Straße 8", on its websites www.comanodolomiti.it and other websites where is clearly specified that they belongs to APT Terme di Comano - Dolomiti di Brenta (“Websites”).
The Websites connect third party suppliers ("Third Party Sellers") and buyers, for the purpose of online sale of tourist services ("MarketPlace"). Within the MarketPlace, Third Party Suppliers can also offer and sell their services and close the relevant purchase contracts with Users.
On the Websites, users can therefore purchase services sold by both APT Terme di Comano - Dolomiti di Brenta and by Third Party Suppliers. The Site always clearly indicates whether the service is sold by APT Terme di Comano - Dolomiti di Brenta, therefore with direct collection by APT Terme di Comano - Dolomiti di Brenta, or by a Third-Party Supplier. In the second case, APT Terme di Comano - Dolomiti di Brenta is just the Platform's supplier and technical manager, hence it is not a party of the sales contract between the User and the Third Party Supplier, which is concluded exclusively between the Third Party Seller and the User under the terms and conditions set out in the Contract's applicable General Terms and Conditions.
Through the Websistes, Users can also purchase products and/or services offered for sale on other sites on which APT Terme di Comano - Dolomiti di Brenta operates as a provider of the registration and sales service (Websites powered by APT Terme di Comano - Dolomiti di Brenta). Below are the general conditions of sale of APT Terme di Comano - Dolomiti di Brenta, i.e. the general conditions of sale applicable to the services specifically indicated on the Websites as sold by APT Terme di Comano - Dolomiti di Brenta, therefore with direct collection by APT Terme di Comano - Dolomiti di Brenta, in the event that the contract for the purchase of such services is concluded through the Websites.
The General Conditions of Sale of each Third Party Supplier are made available in each service's file, which can be accessed by clicking on the link shown in the summary of purchases at each stage of the purchase process or on https://www.comanodolomiti.it/en/conditions-1
- Subject These GTCs govern the online access and use of the website by the User through APT Terme di Comano - Dolomiti di Brenta sc, for the conclusion of telematic contracts concerning accommodation, tourist packages and the service booked at hotel and non-hotel accommodation facilities and at Activity Suppliers located in the area covered by the Terme di Comano - Dolomiti di Brenta Tourist Board, specifically indicated as sold by the Terme di Comano - Dolomiti di Brenta Tourist Board sc, therefore with direct collection by APT Terme di Comano - Dolomiti di Brenta. For everything regarding bookings of accommodation-only services offered for sale by Third Party Suppliers, please refer to the specific general conditions of sale reported during the booking process and also visible at this link https://www.comanodolomiti.it/en/conditions-1.
- Definitions For the purposes of applying these GTCs, the expressions conventionally indicated below with capital letters and in bold (whether in the singular or plural) have the following meanings: 2.1 User is the one who accesses the website also to conclude booking contracts or to send booking requests for Tourist Packages or at accommodation facilities or extra-accommodation activities located in the Terme di Comano – Dolomiti di Brenta district. 2.2 Consumer is the natural person who uses the website for purposes unrelated to the entrepreneurial, commercial, craft or professional activity, possibly carried out. 2.3 Tourist package pursuant to Legislative Decree 62 of 21 May 2018 is the combination of at least two different types of tourist services for the purpose of a trip or vacation, if at least one of the following conditions is met (see notions point 20.1) 2.4 Receptive Operator is the Tourist Operator of the hotel and non-hotel accommodation sector located in the tourism sector, who accesses the website by signing a specific contract with APT Terme di Comano – Dolomiti di Brenta. 2.5 Extra-Receptive Operator is the Tourist Operator of the extra-receptive sector in the tourism sector, who accesses the Platform by signing a specific contract with APT Terme di Comano – Dolomiti di Brenta. 2.6 Facility is the accommodation facility, managed by the Hospitality Operator and bookable through the Platform. 2.7 Activity is an extra-receptive activity, managed by the Extra-receptive Operator and bookable through the Platform. 2.8 Platform is the software used for the technical management of bookings and requests for Tourist Packages and services provided by hotel and non-hotel accommodation facilities including private apartments, campsites, and mountain refuges and by Extra-Receptive Operators. The Platform is conceived, developed, and provided by Feratel media technologies AG -6020 Innsbruck · Maria-Theresien-Straße 8. The Platform may be supported both on the website and on Related Sites and Partner Sites 2.9 APT Terme di Comano – Dolomiti di Brenta sc (APT) is the company located in Comano Terme in Via Cesare Battisti, 74 - VAT number and enlisted in the Business Register under the no. 01850510221, which operates for the promotion and marketing of the Structures and Activities in the tourism sector. 2.10 Site is the domain www.comanodolomiti.it and it is the site used by APT Terme di Comano – Dolomiti di Brenta sc and which hosts the Platform. 2.11 Related Sites and Partner Sites are all information and promotional sites for the tourism offer in the Terme di Comano – Dolomiti di Brenta area, respectively managed by APT Terme di Comano – Dolomiti di Brenta or which, although not managed by APT Terme di Comano – Dolomiti di Brenta, host the "Booking" box / widget of the Platform in relation to specific promotional marketing initiatives. 2.12 Area/District is the area that includes the tourism area referring to the APT Terme di Comano – Dolomiti di Brenta sc (Comano Terme, Bleggio Superiore, San Lorenzo Dorsino, Fiavè, Stenico). 2.13 Information is understood to be the information and materials relating to hotel and non-hotel accommodation facilities, activities and tourist packages that can be booked on the website www.comanodolomiti.it and on the Related Sites and Partner Sites, published by them directly (or in any case provided by them in case of publication by third parties) and concerning the description of the Structure and the Activities, including its characteristics, the services made available, the availability of rooms/accommodation, prices and offers, images (including photos/video/audio-video) and any further and different information or image published and disseminated by Receptive Operators and Extra Receptive Operators. 2.14 Web Client is an administration tool available to the Receptive Operator and the Extra Receptive Operator to insert and update their technical data files which contains information regarding their Facility or their Business. 2.15 Expert Client is the platform administration tool managed by APT Terme di Comano – Dolomiti di Brenta 2.16 Booking Centre is the employee of the APT who acts on behalf of the User (for example by telephone request or by email) to book through the Platform, in the specific Expert Client window. 2.17 Booking is any order relating to the tourist service in the form of a tourist package or of a receptive and extra-receptive nature, selected or requested by the User through the "Booking" box / widget on the Platform. 2.18 Booking Confirmation is the electronic communication (e-mail) confirming the requested service that the Platform automatically generates and sends to the User and to the Receptive or Extra Receptive Operator chosen by them. 2.19 Cancellation Policy are the conditions of cancellation of the Booking. 2.20 No show is the failure of the User to show up at the Facility or the booked Activity, without a regular prior cancellation in compliance with the provisions contained in these GTC or in the applicable Cancellation Policy. 2.21 Overbooking: a situation that occurs when the accommodation or business accepts more bookings than available seats/services.
- Features of the Platform and role of APT Terme di Comano – Dolomiti di Brenta soc coop for the sale of accommodation, tourist packages and tourist services/activities 3.1 The APT Terme di Comano – Dolomiti di Brenta company has entered into a Framework Agreement with the operators in the area adhering to the Company, by virtue of which it has undertaken to have the Platform accessed and used upon the conclusion of specific contracts. 3.2 The APT Terme di Comano – Dolomiti di Brenta company makes the Platform available to Receptive Operators and Extra Receptive Operators, as well as to the User, to facilitate the matching of supply and demand within the area of reference. 3.3 In particular, the Platform is made available to allow Users to make bookings or requests for tourist packages and tourist services of a receptive and extra-receptive nature 3.4 APT Terme di Comano – Dolomiti di Brenta is responsible for the purchase of accommodation, holiday packages and services specifically indicated as sold by APT Terme di Comano – Dolomiti di Brenta sc and therefore with relative collection, as it operates as a travel agency and for which these general terms and conditions apply. APT Terme di Comano – Dolomiti di Brenta manages only the mere technical-operational profile of the other operations in point 3.3, as this is not part of the contract between the User and the Hospitality Operator and the Extra-Receptive Operator (for which the conditions between the receptive operator and the user therefore apply).
- Contract and related methods of conclusion through the Platform for accommodation, holiday packages and tourist services/activities sold by APT Terme di Comano – Dolomiti di Brenta 4.1 By means of the Platform, the User directly concludes a contract with APT Terme di Comano – Dolomiti di Brenta sc concerning the booking and supply of accommodation and/or other service and pays for it. 4.2 The booking regarding tourist packages, the tourist service of a receptive or extra-receptive nature identified by the User on the Platform, is followed by a confirmation message (e-mail) by APT Terme di Comano – Dolomiti di Brenta sc - sent automatically and on behalf of the same APT, of the selected Structure or Activity - to the User and the Accommodation Operator or the Extra Receptive Operator summarizing the booking conditions relating to the Package, the Structure or the Activity itself. 4.3 In particular, in addition to the summary of the general and particular conditions applicable to the contract, the confirmation message contains, also pursuant to the provisions of art. 13 of Legislative Decree 70/2003, the information relating to the essential characteristics of the booked service, the indication of the price, the means of payment, as well as any amounts requested as a confirmatory deposit. 4.4 APT Terme di Comano – Dolomiti di Brenta has the right to require the User to pay a deposit to guarantee the booking in accordance with the following articles 7 and 8 or the full payment of the holiday package, stay or service to be booked. In the latter case, where the service does not foresee a refund of the prepaid amount ("not refundable"), the amount paid will not be refunded in case of cancellation. 4.5 At the end of the booking process, APT Terme di Comano – Dolomiti di Brenta, the Receptive Operator or the Extra-Receptive Operator is directly bound towards the User to provide the booked tourist service and the User is bound towards the Receptive Operator or the Extra-Receptive Operator according to the specifications reported in the confirmation e-mail. 4.6 The booking of a package, an accommodation facility or an activity through the Platform can also take place at authorized tourist offices with the support of an operator (booking centre) 4.7 The operators of the tourist offices will not provide any advice. They will make the Platform available to the User or will make the booking on the User's behalf. 4.8 The order of presentation of the facilities or activities that can be booked on the Platform is random and does not any classification or quality criteria. The selected facilities are listed as a result of the search, carried out by the User directly (or by the Operators of the tourist offices) when using Platform, based on the following parameters: location, period, length of stay, number of accommodations requested, number of participants, chosen activity and any filter relating to the services requested. 4.9 The User acknowledges that APT Terme di Comano – Dolomiti di Brenta has the right, autonomously and on its sole responsibility, to manage this classification under particular circumstances (events, promotions, etc.), and to modify the order of presentation of the structures and activities, which can be booked on the Platform.
- Descriptive and booking data 5.1 The information regarding the service to be booked are contained in the notes and in the details of the offer, which can be accessed and read by the User before concluding the booking process. 5.2 Descriptive data means Information concerning tourist packages, accommodation facilities and activities that can be booked on the Platform, regarding the description of the Facility and the Activity, including its characteristics, the available services, the images (including photos/video/audio-video) and any further and different information or image published or disseminated by the Facilities or during the Activities. The booking data, on the other hand, relate to the availability of rooms/accommodation, prices, offers, etc. 5.3 All the information regarding the content of the holiday packages are entered on the Platform by APT Terme di Comano – Dolomiti di Brenta, while the information concerning the Facilities and Activities is published on the Platform directly and independently by the Accommodation Operators or by the Extra Receptive Operators or, in case of delegation, by APT Terme di Comano – Dolomiti di Brenta or by specifically appointed third parties. 5.4 As for the information entered directly by the hospitality and extra-receptive operators, the Platform limits itself to making the Information visible "as it is" and "as available". APT Terme di Comano – Dolomiti di Brenta does not carry out any further control on the content. 5.5 APT Terme di Comano – Dolomiti di Brenta does not exercise and cannot exercise and does not ensure any verification of the Information and materials published by the Facilities directly or through persons in charge and therefore does not in any way guarantee and is not liable for any damage or loss suffered by the User, where such damage or loss are connected or dependent on such information, in case this information is incorrect, inaccurate or incomplete.
- Payment by credit card for accommodation, holiday packages and tourist services 6.1 When booking Holiday Packages and/or accommodation and/or individual services/activities offered by APT Terme di Comano – Dolomiti di Brenta, the User will be required to make the total or partial payment of the Holiday Package booked or the services booked by credit card (Credit cards accepted for payment are clearly indicated at the time of booking), bank transfer or at the User's choice. 6.2 If payment is made by bank transfer, the contract is definitively stipulated upon receipt of the transfer to the bank account indicated, within the date specified on the booking confirmation. 6.3 If the payment is made using a credit card, during the booking process the User will be asked to enter the credit card details directly on the Platform for online transactions or to transmit them to the operators of the tourist offices in the case the Platform is used by the booking operators, in a manner designed to preserve the confidentiality and protection of the data provided. 6.4 The acceptance of these GCS is valid as a prior authorization for the Credit Institution to use the data entered by the User in case a penalty is applied. 6.5 The data submitted by the User are managed by computer systems that comply with the PCI DSS (Payment Card Industry Data Security Standard) standards). All operations take place through connections protected by SSL (Security Socket Layer) protection codes and https (http secure) protocol. 6.6 Nevertheless, APT Terme di Comano – Dolomiti di Brenta sc assumes no responsibility for the possibility of scam, fraud or abuse by third parties of the credit card data collected during the booking phase, provided that this is not linked to acts or facts which may be ascribable to wilful misconduct or gross negligence of APT Terme di Comano – Dolomiti di Brenta.
- Guarantees - the confirmation deposit by credit card or bank transfer for holiday packages and tourist services 7.1 APT Terme di Comano – Dolomiti di Brenta has the right to request, as a guarantee for the reservation of its structure or business, the payment by the User of a sum of money as a deposit pursuant to Article 1385 of the Italian Civil Code and of any down payment on the due balance. 7.2 This deposit represents a percentage of the total of the holiday package or service booked, calculated on the basis of the measure communicated to the User who provides for the payment using the same by credit card or by bank transfer. 7.3 The deposit - once actually paid - is retained (also) as a deposit on the price of the stay. 7.4 If, once the confirmation deposit has been provided, the User is in default, APT Terme di Comano – Dolomiti di Brenta can withdraw from the contract and keep the paid deposit; if APT Terme di Comano – Dolomiti di Brenta is in default, the User can withdraw from the contract and demand double the paid amount in accordance with this article. 7.5 By choosing to proceed with the payment of the deposit by credit card and providing the relative data during the booking process, the User gives a mandate to APT Terme di Comano – Dolomiti di Brenta to withhold the amount established as a confirmatory deposit, by charging it to the card. It is understood that in case of refusal of the debit operation, APT Terme di Comano – Dolomiti di Brenta sc will be free withdraw from the booking without any liability.
- Withdrawal and Cancellation of the reservation - No Show 8.1 In application of art. 55 paragraph 1 letter b) of Legislative Decree no. 206 of 06/09/2005 (Italian Consumer Code), the right of withdrawal provided for by article 64 of the Consumer Code does not apply to contracts for the supply of services relating to accommodation. 8.2 As far as the cancellation of the booking by the User is concerned, these GTCs as detailed in article 9 are applied. If other cancellation conditions are provided by the individual Accommodation Operator, they will be applied, bearing in mind what is established in the previous article 1. 8.3 The User willing to cancel a booking made through the Platform under the free cancellation conditions can do so independently using the link contained in the "guest portal" booking confirmation email. On the other hand, if the User is willing to cancel a reservation made through the Platform under the NON-free cancellation regime, he must give written notice by e-mail to the address email@example.com 8.4 Without prejudice to the provision of different terms by the Receptive and Extra Receptive Operator (in which case the latter will be applied), the conditions set out in Article 9 will apply to cancellation. 8.5 The refund will be made within 30 days from the date of the necessary transfer of the amount, as established in accordance with the previous paragraph. 8.6 If the Users cancels after the established deadline or does not cancel the booking at all (so-called No Show), APT Terme di Comano – Dolomiti di Brenta may apply the penalties detailed in Article 9 without prejudice to the provision of different terms established by the Receptive and Extra Receptive Operator (in which case the latter will be applied) 8.7 If the User does not show up at the booked facility by 6:00 pm on the foreseen day this will be considered a No Show, unless otherwise agreed. 8.8 Any modification by the User regarding the duration of the stay already booked and / or the reduction of the number of reserved accommodations, must be agreed directly with APT Terme di Comano – Dolomiti di Brenta, without prejudice to the latter's right to enforce the provisions of this article where applicable.
- Management of payments and cancellations APT Terme di Comano – Dolomiti di Brenta for Accommodation, Holiday Packages and tourist services – activities specifically indicated as sold by APT Terme di Comano – Dolomiti di Brenta sc, therefore with direct collection by APT 9.1 If not expressly indicated, specific cancellation policies will be applied to the generic ones of the locations listed below. In this case, the payment will be managed directly by APT Terme di Comano – Dolomiti di Brenta.
Accommodation Deposit upon booking: 30% of the costs of the total stay Balance: within 15 days from the day of arrival Cancellation policy: - free cancellation within 15 days from the day of arrival (refund of the deposit net of expenses duly reported) - for cancellations starting from the 14th day from the day of arrival or in case of no show: the entire amount paid will be retained as a penalty
Holiday packages Deposit upon booking: 30% of the costs of the total stay Balance: within 30 days from the day of arrival Cancellation policy: - free cancellation within 30 days from the day of arrival (refund of the deposit net of expenses duly reported) - for cancellations starting from the 29th day from the day of arrival or in case of no show: the entire amount paid will be retained as a penalty
Tourism services / activities Deposit upon booking / balance: 100% of the amount Cancellation policy: - free cancellation within 18.00 of the day before the activity (refund of the amount paid net of duly reported expenses) - for cancellations after 18.00 of the day before the activity or in case of no show: the entire amount paid will be retained as a penalty
- Obligation of APT Terme di Comano – Dolomiti di Brenta 10.1 APT Terme di Comano – Dolomiti di Brenta has to provide the agreed service according to the quality standards appropriate to the type of service booked and the classification of the chosen accommodation facility.
- Complaints 11.1 Any errors or shortcomings relating to the booked accommodation, package or tourist services / activities, which arose during the stay must be reported immediately to the provider on site, to give him the opportunity to remedy the situation. At the end of the stay, the customer can send a further written complaint to APT Terme di Comano – Dolomiti di Brenta. However, if the User has not reported errors and deficiencies already during the stay, APT Terme di Comano – Dolomiti di Brenta is not required to consider the complaint. If the User sends his complaint to APT Terme di Comano – Dolomiti di Brenta, APT will also forward it to the service provider.
- Information on passport, visas, currencies and health regulations 12.1 Each User / traveler is responsible for compliance with all entry and exit regulations, health regulations, passport and visa regulations and provisions for the introduction of pets 12.2 Travel and safety notices, entry regulations, health warnings, visa requirements and the like on the official websites https://vistoperitalia.esteri.it/home.aspx, www.viaggiaresicuri.it, https://www.visittrentino.info/it/articoli/info-pratiche/informazioni-coronavirus. Additionally, clients can obtain information from responsible embassies and consulates
ADDITIONAL SPECIFICATIONS FOR ACCOMMODATION BOOKINGS
- Beginning and end of the stay 13.1 The User is entitled to use the accommodation services booked starting from 3:00 pm on the day of arrival, unless otherwise explicitly specified. 13.2 The booked accommodation services must cease by 10:00 am on the day of departure, unless otherwise explicitly specified. 13.3 If the Guest does not vacate the accommodation by 10:00 am on the day of departure or in any case within the established time, APT Terme di Comano – Dolomiti di Brenta has the right to apply a supplement for late check out. 13.4 In case of early departure of the User, APT Terme di Comano – Dolomiti di Brenta / the Accommodation Operator has the right to require the total amount due for the entire booked stay and is also allowed, as far as possible, to relocate the unused units.
- Replacement Accommodation: unforeseeable circumstances or force majeure - Overbooking (Hospitality Product) 14.1 By sending a booking, the Supplier undertakes an obligation towards the User, and cannot withdraw from the booking or cancel it, including in part, being under obligation to provide the booked service, unless the booking has become impossible due to unforeseeable circumstances or force majeure, except in case of default of the User as provided under the express termination clause. 14.2 Upon the occurrence of unforeseeable circumstances or force majeure, the agreement with the User is terminated, and the Supplier is exclusively under obligation to return the sums received from the User to confirm their booking. 14.3 However, with the consent of the User, the Supplier may make available to the User an alternative accommodation, as a replacement of the accommodation booked and no longer available, as long as the such alternative accommodation has equivalent or superior characteristics to the accommodation booked. 14.4 Conversely, in case the service being booked is unavailable on account of Overbooking or for any other reason ascribable to the Supplier (such as imperative management reasons), the Supplier shall be under obligation to provide the client an alternative accommodation in a category that is equivalent or superior to the one booked, within the same facilities or, if necessary, within different facilities located in the same location or in a neighbouring location, belonging to a category that is at least equivalent to that of the Supplier, and offering similar or superior services. 14.5 Any additional costs for such replacement accommodation shall be borne entirely by the Supplier. 14.6 However, in the case provided under 14.4, where the User should decline such alternative accommodation without objective reasons, APT Terme di Comano – Dolomiti di Brenta can be considered released and only return what has been received by the User to confirm the booking.
- Rights of the User 15.1 From the beginning of the stay, the User acquires the right to use the rented units, the furnishings therein, and the structures which are normally, and under no special conditions, are available to guests.
- Obligations of the User 16.1 Upon booking, the User must provide truthful information, especially with respect to the age of the User at the moment of the service and number of the guests for which the booking is submitted. 16.2 As of the booking, in order to submit any request and/or modification the User must contact APT Terme di Comano – Dolomiti di Brenta directly, using the indications reported at the end of the purchase Confirmation. 16.3 Any request for partial modification of the booking must be submitted - exclusively in writing - to APT Terme di Comano – Dolomiti di Brenta, which, compatibly with its organisational requirements, may accept or decline such requests, or agree any modifications with the User, under the same terms and conditions originally agreed, and in the manners and times which the Supplier shall deem opportune. Article 17.2 shall apply. 16.4 The payment of the sum due by the User must be made directly to APT Terme di Comano – Dolomiti di Brenta, as per the instructions provided by the latter in the purchase Confirmation, net of any confirmation deposit paid, if any, which is withheld by way of down payment, without prejudice to the compliance with any provision of law respecting payments in cash. 16.5 Before using any unusual electric equipment, the User must request the prior authorization of the Supplier. 16.6 For any damages caused by the User, the general laws and regulations applicable to damage compensation shall apply. 16.7 Therefore, the User shall be liable for any fact or act ascribable to the User, either directly or indirectly (as caused by persons under the User’s responsibility), which have caused any damage to the Supplier or to third parties.
- Rights of the Supplier and APT Terme di Comano – Dolomiti di Brenta 17.1 In case the User should refuse to pay the due sums, or make any payments in arrears, APT Terme di Comano – Dolomiti di Brenta shall have the right to retain the User’s belongings which are still within the hospitality structure, in order to guarantee its right to obtain payment of the sums due on account of the services provided. 17.2 If, upon checking-in, the number of adults and children, and their respective ages, should differ from the numbers and ages declared in the booking, APT Terme di Comano – Dolomiti di Brenta shall be entitled to replace the assigned accommodation with more adequate ones, if available, or request the payment of an additional sum over the sum originally agreed, or annul the booking for default and cause of the User, and keep the sum paid by way of deposit. 17.3 The Supplier or APT Terme di Comano – Dolomiti di Brenta shall have the right to remove the User from the hospitality structure if the User: 17.3.1 uses the facilities in such a way as to damage the property or make it intolerable for the other guests to reside within the same structure, holding a disrespectful, outrageous, or in any way reckless conduct, or being responsible for criminally liable conducts against the Supplier, the members of staff and/or the persons who are within the hospitality structure; 17.3.2 suffers from any contagious illness or an illness which evolution exceeds the duration of the agreed stay, or in case special care is required; 17.3.3 fails to discharge, within the agreed times, the payment of the sums requested and due.
- Animals 18.1 The presence of animals is normally not allowed inside the hospitality structure or by the activities, unless previously authorised by the Supplier or APT Terme di Comano – Dolomiti di Brenta, and subject to an additional charge, if applicable. Such authorisation must be requested upon submitting a booking request.
ADDITIONAL SPECIFICATIONS FOR HOLIDAY PACKAGES BOOKINGS
- General principles and sources of law 19.1 These GTCs can be viewed by the User during the booking process and are also published in full on the comanodolomiti.it website 19.2 The sale of tourist packages is governed by the Tourism Code, specifically by art. 32 to 51- novies as amended by Legislative Decree no. 62 of 21 May 2018, transposing and implementing EU Directive 2015/2302 as well as by the provisions of the civil code on transport and mandate, as applicable. 19.3 The description of the tourist package on-line and / or on paper, or in the separate travel program, as well as the booking confirmation of the services requested by the traveler are part of the travel contract as well as the booking confirm 19.4 The confirm is sent by the tour operator to the traveler or to the travel agency, as the traveller's agent and the latter will have the right to receive it from the same. In signing the tourist package purchase and sale proposal, the traveler must bear in mind that it reads and accepts, for himself and for the subjects for whom he requests the all-inclusive service, both the travel contract as regulated therein, both the warnings contained therein and these general conditions.
- Notion 20.1 A "tourist package" is the combination of at least two different types of tourist services, such as 20.1.1 the transportation of passengers; 20.1.2 accommodation that is not an integral part of the transportation of passengers and is not intended for residential purposes or for long-term language courses; 20.1.3 the hiring of cars, other vehicles or motorcycles requiring a category A driving licence; 20.1.4 any other tourist service which is not an integral part of one of the tourist services listed under (1), (2) and (3) and is not a financial or insurance service for the purposes of the above mentioned journey or holiday, as long as at least one of the following conditions is met: 220.127.116.11 the said services are put together by one Professional, also upon the Traveller's request or in compliance with one of their selections before a single contract for all the services is concluded; 18.104.22.168 these services, even if concluded with separate contracts with individual suppliers, are: a. purchased from one point of sale or selected before the Traveller consents to payment; b. offered, sold, or invoiced at a flat or global price;ù c. advertised or sold under the name "package" or similar name; d. put together after the conclusion of a contract with which the Professional allows the Traveller to choose between a selection of different types of tourist services, or purchased from distinct professionals through online booking processes where the name of the Traveller, the details of the payment and the e-mail address are sent by the Professional with whom the first contract has been concluded to one or more professionals and the contract of the latter professional(s) is concluded within 24 hours after confirmation of the booking of the first tourist service at the latest. 20.1.5 A "combined tourist service" is understood to be the combination of at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual tourist service providers, if a professional alternatively facilitates: a. at the time of a single visit or a single contract with your point of sale, the separate selection and separate payment of each tourist service by travellers; b. the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours from the time of confirmation of the booking of a first tourist service. 20.2 The organizer and the seller of the tourist package, chosen by the traveller must be authorized to carry out their respective activities based on the current legislation, including regional or municipal ones, given the specific competence. 20.3 Before the conclusion of the contract, the Organizer and the intermediary inform third parties of the details of the insurance policy to cover the risks deriving from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and of the intermediary, each to the extent of their competence, for the purposes of returning the paid sums or transporting the traveller back to the place of departure if the tourist package includes the transport service. 20.4 Pursuant to art. 18, paragraph VI, of the Tourist Code, the use of words for business name or trading name purposes: "travel agency", "tourism agency", "tour operator", "travel mediator" or other words and phrases, even in a foreign language, of a similar nature, is allowed only to the qualified companies referred to in the first paragraph.
- Beginning and end of the holiday packages / other provisions on the accommodation service 21.1 The provisions of articles 13 -14-15-16-17-18 are considered valid for the holiday packages too.
- Notes on the activities included in the holiday package 22.1 Annotations on packages with organized excursions 22.1.1 The proposed itineraries have been created by expert mountain guides or qualified local guides, to the best of their knowledge and convictions. However, unforeseen natural events can suddenly cause changes of the trail conditions at any moment. Therefore, it is not guaranteed that the proposed routes will be accessible. 22.1.2 Please note that the routes may require experience and good judgment with regard to the Alpine geographic context. In the mountains, the weather and, consequently, the relative needs of hikers can change rapidly. The hiker will undertake the tours under his own responsibility. In case of unexpected abandonment of a tour, the hiker will bear the cost of any services not included in the package. 22.1.3 The achievement of the minimum number of participants must be communicated no later than 3 days before the registration date. 22.2 Annotations on ski packages: 22.2.1 Ski lift tickets are provided by local ski lift operators. The ski lifts may be unusable on an hourly or daily basis due to external circumstances (weather conditions, wind, etc.) or due to technical factors. Any operational decision is up to the individual plant operator and does not represent a reason for a reduction in the price of the package. 22.3 Annotations on packages with other organized activities: 22.3.1 The activities may change (even in progress) or be canceled if the weather conditions do not allow to perform them and in any case in all cases in which the necessary safety conditions are lacking. Any decision is up to the Provider and does not represent a reason for a reduction in the price of the package, which remains the right of APT whether to grant or not. 22.3.2 In the event of changes or cancellation, APT Terme di Comano – Dolomiti di Brenta could propose alternative activities that the User may decide to accept.
ADDITIONAL SPECIFICATIONS FOR TOURIST SERVICES/ACTIVITIES
- Notes on the organized activities 23.1 The activities may change (even in progress) if the weather conditions do not would allow the regular execution and anyway in all cases in which were lacking the necessary safety conditions. 23.2 The activities can be cancelled by APT Terme di Comano – Dolomiti di Brenta in case of bad weather forecast or if the minimum number of participants is not reached (if specified). 23.3 In the event of cancellation by APT Terme di Comano – Dolomiti di Brenta, if the minimum number of participants is not reached, the communication will be send to the contact details provided at the time of registration and the participation fee paid will be returned.
- Contract Changes 24.1 APT Terme di Comano – Dolomiti di Brenta reserves the right to modify these General Conditions of Sale with effect for the future at any time, without any obligation to notify the customer. The latest version is always available on the website https://www.comanodolomiti.it/en/conditions-1 from the moment it enters into force. By continuing to use the site after the changes to the mediation conditions, the customer declares his consent to such changes. 24.2 These conditions contain all the provisions of the contract between the User and APT Terme di Comano – Dolomiti di Brenta and replace all previous agreements, regardless of whether they have been concluded in written, electronic or oral form. 24.3 If one of the above provisions is null or becomes void, this does not affect the validity of the other provisions.
- Applicable law and competent court 25.1 These GTC and the particular provisions of the individual Hospitality and Extra-Hospitality Operator are governed by Italian law. 25.2 For any disputes that may arise regarding the execution and / or interpretation and / or validity of these terms or any other matter related to them, the jurisdiction and Italian law apply exclusively. 25.3 Without prejudice to the foregoing, the parties expressly agree that the Trento court will be competent for any disputes arising from this contract.
MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW 38/2006.
“The Italian law punishes crimes regarding prostitution and child pornography, even if committed abroad”.
TECHNICAL ORGANIZATION OF HOLIDAY PACKAGES specifically indicated as sold by APT Terme di Comano – Dolomiti di Brenta sc
Tour operator: APT Terme di Comano – Dolomiti di Brenta, Via Cesare Battisti, 74, 38077 Comano Terme (TN)