Terms & Conditions

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FunActive Tours GmbH Terms and Conditions

Cancellation terms:
The traveler, who--except in the cases referred to in Articles 8 and 9--withdraws from the contract, shall be charged for the individual administrative costs, the eventual amount for insurance services or other services already used which were due at the time of signing the contract, cancellation fees charged:

• Cancellation from the day of booking until 28 days prior to arrival: 20% of the total travel price;
• Cancellation between 27 and 14 days before commencement of travel: 30% of the total travel price;
• Cancellation between 13 and 8 days before departure: 50% of the total travel price;
• Cancellation between 7 and 4 days before departure: 70% of the total travel price;
• Cancellation from 3 days before departure or "no-show": 90% of the total travel price;
• Cancellation of the already started trip: 100% of the total travel price.

1.Subject Matter
1.1. These general terms and conditions govern the sale of travel packages between the tour operator and the traveler, who expressly declares that he makes the conclusion of the contract for purposes which cannot be attributed to his commercial, business, craft or professional activity (hereinafter referred to as "travelers").

2. Legal sources
2.1. The sale of travel packages which are subject to services both domestically and abroad is governed by the following legal sources:
a) Chap. I, Title VI (Articles 32 to 51 and subsequent amendments) of the GvD. No 79/2011 (hereinafter referred to as the "Tourism Code");
(b) Law No 1084/1977, ratifying the International Convention on the Travel Agreement (CCV) of 23.04.1970, in accordance with Article 3, para. 2 of the Tourism Code, and only as applicable.

3. The term "travel package"
3.1. According to Article 34 of the Tourism Code, travel packages are the subject of travel, holidays, all-inclusive offers and cruises, resulting from the compilation of at least two of the following elements sold at a flat rate or offered for sale become:
a) transportation;
b) accommodation;
c) Travel services which are not to be regarded as ancillary to transport or accommodation in accordance with Article 36 of the Tourism Code and which form an integral part of the travel package in order to meet the traveler’s need for recreation.

4. Definitions
4.1. For the purposes of these general terms and conditions,
a) "tour organizer" means the person who, in his own name and on a lump sum basis, undertakes to provide third party travel packages by completing the compilation of the travel services referred to in Article 3 above or by means of a means of remote communication to realize and purchase this assortment independently;
b) "intermediary" means the person who sells travel packages, whether or not professionally and without profit, or who undertakes to provide them to third parties in the sense of the preceding Article 3, which are to be implemented against a lump sum payment or to provide individual travel services;
c) "traveler" means the purchaser, the purchaser of a travel package, or any other person to be nominated, on whose behalf the principal contracting party undertakes to acquire a travel package without receiving any compensation, provided that the nominated person is entitled to use the service Necessary conditions.

5. Information obligation and technical supplement
5.1. The tour operator has the obligation to create a technical supplement in the catalog or on the program outside the catalog, which contains the following elements:
b) Authorization of the Land Council for Tourism No. 36.1 / HH / KW73.04 / 464395 from 31.08.2012 according to LG No. 3/2002.
c) Liability insurance No 1/75910/319/110581671 completed with the insurance company UnipolSai Assicurazioni S.p.A.
d) The catalog or program outside of the catalog is valid for the period indicated. e) The parameters and the criteria for the adjustment of the travel price are specified in Art. 8 of the present GTC.
f) The terms and conditions for the replacement of travelers are regulated by Article 12 of the present GTC.
g)The tour operator makes you aware that certain processing of personal data operating during the performance of contractual obligations may be shared pursuant to Article 26 of the GDPR.
Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties. The essence of the arrangement shall be made available on the webpage to the data subject.
5.2. In the course of the contract, the tour operator shall inform passengers of the identity of the exporting air carrier in accordance with Article 11 of Regulation (EC) No 2111/2005 and of their possible inclusion in the blacklist provided for by the Regulation.

6. Bookings and conclusion of contract
6.1. The booking request must be made by means of a specially provided form, which may also have an electronic format, whereby the traveler must complete and sign this form in all its parts and receive a copy thereof. The acceptance of the booking is deemed to be duly completed, with consequent conclusion of the contract, if the traveler receives a corresponding confirmation from the tour operator - also by electronic means.
6.2. The booking confirmation includes the following elements: group or customer names, date of arrival and departure date, number and type of reserved rooms, description of the package service, as well as the content and type of booked services, description of accommodation, prices, surcharges, and reductions.
6.3. The traveler accepts these travel conditions and recognizes them in the name and on behalf of the participants.
6.4. The tour organizer shall notify the traveler of the travel package in good time prior to travel, which is not contained in the contractual documents, in the information brochures or in any other written communication, in compliance with the obligations pursuant to Article 37, para. 2 of the Tourism Code.
6.5. According to Article 32, para. 2 Tourism Code, in the case of contracts concluded by means of distance sales or outside the business premises, the travel agent shall notify the traveler in writing that no right of withdrawal within the meaning of Articles 64 of the Consumer Protection Code (GvD No 206 of 2005) exists.
6.6. All prices are in Euros or the indicated currency and include VAT. Other agreements and changes to the concluded travel contract require the written confirmation of the tour operator.
6.7. For the purposes of these General Terms and Conditions, the traveler will be sent to the appropriate notices to the e-mail address provided by the customer upon booking. Such communications are deemed to be known by the traveler when they are sent to the above- mentioned email address properly.

8. Price
8.1. The price of the travel package is defined in the contract by reference to the information on the website, in the catalog or in the program outside the catalog as well as to any subsequent updates thereof, and can only be made up to 20 (twenty) days prior to arrival and subject to the following conditions Are changed:
a) changes in transport costs, including fuel costs;
b) changes in charges and charges such as landing, embarkation or disembarkation charges in ports and at airports;
c) changes in exchange rates applied to the travel package concerned.
8.2. For these changes, reference is made to the above prices and exchange rates as stated on the date of the publication of the program as specified in the catalog or to the date indicated in the above-mentioned updates.
8.3. The price increase may in no case exceed 8 (eight) percent of the original price.
8.4. If the travel price increases by more than 8 (eight) percent, the traveler can withdraw from the contract, with the right to reimbursement of the amounts already paid to the tour operator.

9. Changes to the travel package before travel
9.1. In the event that the tour operator is obliged to amend individual or several provisions of the travel contract before travel, he shall notify the traveler immediately and in writing, stating the type of change and the related price change within the meaning of Article 8.
9.2. If the traveler does not accept this change, he/she can withdraw from the contract without payment of contractual penalties, with the rights according to Article 42 of the Tourism Code.
9.3. The traveler must notify his decision at the latest within 2 (two) working days after receipt of the notification of the change. If no notice is given within this period, the amendment shall be deemed accepted.

10. Changes of the travel package after arrival
10.1. If, after departure, a significant portion of the contractually agreed services cannot be provided, the tour operator shall prepare appropriate alternative services for the continuation of the planned trip at no additional cost to the traveler or reimburse the traveler the difference in price between the contractually provided and the actual services rendered.
10.2. If an alternative service cannot be provided, or if this is not accepted by the traveler for justified reasons, the tour operator will provide the traveler with an equivalent means of transport without a surcharge for the journey back to the place of commencement of travel or to another place agreed between the parties. In this case, the tour operator shall compensate the traveler for the difference between the costs of the services provided for the contract and the services actually performed up to the early departure.

11. Rights of the traveler in case of withdrawal or cancellation of the travel package
11.1. If the traveler makes use of his right of rescission in the cases provided for in the preceding Art. 8 and 9 and in the case of cancellation of the travel package prior to travel for any reason except the owner's own fault, he shall have the following rights pursuant to Article 42 of the Tourism Code:
a) the use of another package of equivalent or higher quality, at no extra charge, or of a lower-quality travel package with a prior refund of the difference;
b) reimbursement of the amounts already paid within 14 (fourteen) business days from cancellation or cancellation.
11.2. The traveler, who - except in the cases referred to in Articles 8 and 9 - withdraws from the contract, shall be charged for the individual administrative costs, the eventual amount for insurance services or other services already used which were due at the time of signing the contract, cancellation fees charged:
a) Cancellation from the day of booking until 28 days prior to arrival: 20% of the total travel price;
b) Cancellation between 27 and 14 days before commencement of travel: 30% of the total travel price;
c) Cancellation between 13 and 8 days before departure: 50% of the total travel price;
d) Cancellation between 7 and 4 days before departure: 70% of the total travel price;
e) Cancellation from 3 days before departure or "no-show": 90% of the total travel price;
f) Cancellation of the already started trip: 100% of the total travel price.
11.3. In case of cancellation of the trip of a combined bike and barge tour the following cancellation fees will be charged:
a) Cancellation within 84 days prior to commencement of travel: 10% of the total travel price;
b) Cancellation between 83 and 42 days prior to commencement of travel: 30% of the total
travel price;
c) Cancellation between 41 and 28 days before departure: 60% of the total travel price;
d) Cancellation between 27 and 4 days prior to commencement of travel: 80% of the total
travel price;
e) Cancellation from 3 days before departure or "no-show": 90% of the total travel price;
Cancellation of the already started trip: 100% of the total travel price.

12. Contract assignment - Contract amendment at the request of the traveler
12.1. The traveler may be replaced by a third person in the relationships arising from the contract, provided that:
a) third person fulfils all conditions for the use of the services;
b) the traveler notifies the travel organizer or the intermediary in writing up to 7 days prior to
the journey that he is unable to use the travel package and the data of the third person.
12.2. The traveler and the third party are jointly and severally responsible for the payment of the price as well as the costs arising from the assignment.
12.3. For any requests made by the traveler regarding the modification of the travel contract (also in the form of a change of the incentive, change of travel dates, duration, etc.) – are by no means binding for the travel organizer – writing up to 28 days prior to the journey the travel organizer charge a processing fee of Euro 50,00. After this, the cancellation conditions apply. Such a transfer may only take place in accordance with the possibilities in the individual case; the customer has no claim to this. A change from the customer to a different tour is only possible in the form of a cancellation (according to cancellation conditions) and subsequent booking.

13. Reductions for 3rd and 4th bed and half board
13.1. The discount for the third and fourth bed in the room is valid for both adults and children with 2 paying guests per room, as follows:
Discount for children from 0 – 5.99 years, with B&B: 100% Discount for children from 6 – 11.99 years, with B&B: 50% Discount for children from 12 – 14.99 years, with B&B: 25% Discount for children from 15 years and for adults, with B&B: 10%
The discount applies only to the basic package price, high season supplement (when applicable) and extra nights.
13.2. Half-board can be booked for children 6 years and over where available. Dinner and other consumption of children under 6 years of age are ordered and paid directly on the spot.

14. Obligations of the traveler
14.1. The traveler, as well as those who have been registered by the traveler to participate in the trip, must carry a valid passport or other travel document valid for all countries to be traveled, as well as necessary travel and transit visas, as well as medical certificates and make sure when traveling to have all necessary vaccine certificates and treatment certificates.
14.2. Travelers shall also observe the rules of normal caution and diligence as well as the specific rules applicable in the countries of destination of the trip and all information provided by the tour operator or intermediaries, as well as the administrative or legal regulations and provisions relating to the travel package.
14.3. The traveler is liable for all damages that the tour operator or the mediator should suffer by not fulfilling the above obligations.
14.4. The traveler is obliged to provide the travel organizer with all the documents, information and elements that are in his possession and which the travel organizer is required to exercise the right to transfer the rights against third parties who are responsible for the damage incurred.
14.5. The traveler is obliged to inform the tour operator in writing of the personal requirements which may be the subject of possible special arrangements with regard to the travel arrangements.
14.6. The traveler must always notify the tour operator of possible needs or special circumstances (e.g. pregnancy, food intolerance, disability, etc.) and expressly ask for appropriate personalized services.

15. Hotel classification
15.1. The official classification of accommodation structures is determined by the competent public authorities of the country in which the service is provided and listed on the website, in the catalog, in the program or in other information material.
15.2. If no official classification recognized by the competent public authorities of the country of destination has been established, the hotel accommodation will be determined by the tour operator in the catalog, program or other information material on the basis of its own assessment criteria for the quality standard to enable assessment and acceptance by the traveler.

16. Limitation of Liability
16.1. The travel organizer is liable in accordance with the following provisions for the damages suffered by the passenger, which have arisen due to the non-fulfillment or defective performance of the contractually owed services. This applies both in the event that the services are provided by the tour operator itself, as well as in the event that they are to be provided by third parties.
16.2. The travel organizer is not liable if he can prove that the non-fulfillment or insufficient fulfillment of the contract was caused by the traveler himself or due to external or other circumstances which could not reasonably be foreseen or preventable, or due to chance or force majeure.
16.3. In case of the non-fulfillment or defective performance of the package, meaning the travel package, according to Article 1455 of the Civil Code, the traveler may ask for compensation, irrespective of the cancellation of any contract, with the spoilt holiday and the unrepeatable nature of a missed opportunity taken into consideration.
16.4. The personal injury caused by failure to perform or the performance of the services provided for in the travel contract shall be eligible for reimbursement in accordance with the provisions of the international agreements which Italy or the European Union have signed and which govern the individual services provided for in the travel contract in the corresponding Italian legislation.
16.5. The travel organizer is liable within the scope of the due diligence of a proper merchant for the conscientious travel preparation, the careful selection and monitoring of the service providers as well as the correctness of the performance descriptions at the time of printing the catalog.
16.6. Minors may only take part in a trip if accompanied by an adult.
16.7. The traveler is responsible for the fact that he, as well as those who have registered for the trip, will be able to meet the health requirements of the trip, which will be communicated to him before the contract is concluded.

17. Limits for compensation
17.1. The compensation for damages caused by the tour operator for damages other than personal injury caused by the failure to fulfill the performance or the non-fulfillment of the services provided in the travel contract can in no case be higher than in the international agreements governing the individual services provided in the travel contract, 1783 and 1784 of the Civil Code.
17.2. In the event of loss or disruption of the holiday, the tour operator shall only be liable if the loss or disruption can be proven to have been caused by the tour operator and that the problem was reported immediately after its occurrence to the tour operator, but only up to a maximum of €200.00 per person. No liability is assumed:
a) for items which are not normally carried in luggage;
b) for all types of payment;
c) for superficial damage and damage to wheels and handles of luggage;
d) for damage to items of luggage whose total weight exceeds 20 kg.
17.3. The transport of travelers’ own bicycles – during the tour and on transfer journeys – is only possible at the owner’s risk. The fixing settings on the bike trailers have been adapted to fit the bicycles of the tour operator, so that minor damage, particularly paint damage, can occur when using non-company bicycles. Therefore, liability for minor damage caused in transport cannot be accepted. This limitation of liability also applies to third-party transportation and foreign trips.
17.4. Rental bikes
In case of loss of the rental object by theft or total loss or bicycle damage, the participant has to pay € 200,00.- if a 21 gear or 7 gear trekking bike and € 500,00.- if an electric bike, mountain bike, road bike or tandem.
In case of theft or loss of the rental object, the participant has to make a report to the local police authority (in any case).

18. Complaints
18.1. The traveler is obliged to report any shortcomings in the execution of the contract by promptly registering a complaint so that the travel agent, his representative on the spot or the travel companion can immediately remedy the situation.
18.2. The non-submission of the complaint can be assessed in accordance with Article 1227 of the Civil Code.

19. Insurance
19.1. If not expressly included in the travel price, it is advisable to take out insurance in case of cancellation or cancellation of the trip, or a travel accident and travel luggage insurance. Return trip insurance covering the cost of the return journey, in case of an accident or illness should be taken out.
19.2. In the event of insolvency, the payments already paid for travel services which were not provided are covered by Nobis Filo diretto Assicurazioni, policy no. 6006001594/I.

20. Dispute settlement
20.1. According to article 67, para. 2, of the Tourism Code, the traveler may apply for voluntary or jointly negotiated procedures or the settlement procedure before the Arbitration or Arbitration Boards for the settlement of disputes between companies and consumers regarding the provision of travel services pursuant to Article 2, (A) of Law No 580/1993.
20.2. In the settlement procedure, the travelers can contact the consumer associations. Such settlements are governed by Articles 140 and 141 of the Consumer Protection Code (GvD No 206 of 2005).
20.3. In accordance with EU Regulation No 524/2013, the traveler shall be informed by the tour operator that in the event of a dispute he may lodge a complaint concerning the European Union's online dispute settlement platform (OS platform) which is available at the following link: http://ec.europa.eu/consumers/odr/. The OS platform is a point of entry for end-users who want to settle disputes arising in the area of online sales contracts or online service contracts.
20.4. If a dispute cannot be settled amicably, the dispute shall be settled in accordance with Article 66-bis of the GvD. No 206/05 to the court in whose territory the traveler is domiciled, provided that the latter is situated in the Italian territory; if the traveler is not a final consumer, it is agreed that the court in Bolzano is exclusively responsible for all disputes, in deviation from the provisions on territorial jurisdiction.

21. Applicable law and reference to the law
21.1. This contract is governed by Italian law.
21.2. Unless expressly stated otherwise, the statutory provisions applicable to the business relations and business transactions provided for in this contract shall be governed by the provisions of the Italian Civil Code and the Tourism Code.

22. Final Provisions
22.1. This Agreement shall nullify and supersede all prior written and oral agreements, arrangements and negotiations of the Contracting Parties concerning the same subject matter of this Agreement.
22.2. The possible invalidity of individual provisions shall not affect the effectiveness of the contract as a whole.
22.3. These general terms and conditions were written in Italian and in German. The Contracting Parties agree that, in the event of interpretation difficulties, the text is regarded as authentic and effective in the Italian language.

23. General terms and conditions for contracts relating to individual travel services
23.1. The contracts which concern only the offer of transport, accommodation or other individual travel services and therefore not to be understood as a purchase transaction for an organized journey or a travel package are governed by the following provisions of the CCV: Articles 1, Nos. 3 and 6; Articles 17 to 23; Articles 24 to 31 (only in respect of that part of the provisions which do not relate to the contract of organization); in addition, they are governed by the other agreements specifically relating to the sale of the individual services covered by the contract.
23.2. The following provisions of these General Terms and Conditions shall also apply to contracts concerning the sale of individual travel services: Art. 6.1, Art. 7, Art. 9, Art. 10, Art. 11, Art. 12, 13, Art. 19.4, Art. 20. However, the application of these provisions does not mean that the respective services can be assessed as a travel package. The terms used in the provisions cited above concerning contracts for the sale of travel packages are, therefore, to be understood with reference to the corresponding elements of the purchase contract for individual travel services.
Compulsory notification within the meaning of Article 17 of Law No 38/2006:
The Italian law punishes with a prison sentence those offenses, which are connected with child prostitution and -pornography, even if these were committed abroad.

All photos used by permission. ©FunActive Tours GmbH