- Creative Harbour S.r.l., headquartered in Villeneuve (AO), hamlet of La Crete, no. 272, VAT no. 01267480075, registration number with the Register of Companies of Aosta no. AO 80855, in the person of Sole Administrator Simone Lattanzi ("Creative Harbour" or the "Organizer"), is anonline travel and tourism agency/touroperator, by virtue of the order of the Director of the "Accommodation and Trade" structure of the Autonomous Region of Valle d'Aosta No. 4837 of September 24, 2020 and the subsequent CIA filed with the Aosta Police Headquarters on October 15, 2021.
- Creative Harbour, is, for this purpose, provided with liability insurance, policy No. 1/2306/319/100484681/1, issued by UnipolSai Assicurazioni S.p.A.
- Creative Harbour is, moreover, admitted to the guarantee to cover the risks referred to in Articles 47 and 49 of Legislative Decree No. 79 of May 23, 2011 (the "Tourism Code"), as per the certificate issued by Garanzia Viaggi S.r.l. (tax code and VAT no. 13932101002, with registered office in Rome, Via Nazionale No. 60, www.garanziaviaggi.it) No. A/184.5062/6/2021 of November 10, 2021, with a validity period from November 1, 2021 to October 31, 2022.
- The person who has signed the order relating to the Tourist Package (the "Client" or the "Traveler" and, together with the Organizer, the "Parties"; the "Order") has requested Creative Harbour to organize and plan the Tourist Package itself (the "Tourist Package") as better detailed in the Order and in the catalog published on Creative Harbour's website (www.creativeharbour.io - the "Website"), on the terms and conditions set forth in these general terms and conditions, which form an integral and substantive part thereof (the "General Conditions").
- These Terms and Conditions, together with the Order, the information posted on the Website, and Creative Harbour's acceptance of the Client's specific requirements, constitute the contract for the sale of the Tourist Package (the "Contract").
- The Customer, by signing the Order, acknowledges that he/she has read and accepted the Contract as constituted and governed as a whole, as well as the notices contained therein.
- The sale of tourist packages, which have as their object services to be provided domestically or internationally, is governed by the Tourism Code and, in particular, its Articles 32 to 51-novies, as subsequently amended and supplemented.
- The sale of package tours is, likewise, governed by the rules set forth in the Civil Code regarding transportation and mandate, as applicable.
In addition to terms and expressions defined in other clauses of these General Conditions, for the purposes of these General Conditions, the terms and expressions listed below, when capitalized, shall have the meanings hereinafter provided for each:
- "Unavoidable and Extraordinary Circumstances," a situation beyond the control of the party invoking such a situation and whose consequences would not have been avoided even by taking all reasonable measures;
- "Conformity Defect," a non-performance of the tourist services included in the Tourist Package;
- "Professional", any natural or legal person, whether public or private, who, as part of his or her commercial, industrial, handicraft or professional activity, acts, in contracts for the sale of tourist packages, including through another person acting in his or her name or on his or her behalf, as an organizer, seller, professional facilitator of related tourist services, or provider of tourist services, within the meaning of the applicable regulations;
- "Return," the return of the Traveler to the place of departure or other place agreed upon by the contracting parties;
- "Durable Medium" means any instrument that allows the Traveler or Professional to retain information that is personally addressed to him or her in such a way that it can be accessed in the future for a period of time appropriate to the purposes for which it is intended and that allows for the identical reproduction of the stored information.
- Tourist Package, in accordance with the provisions of Article 33 of the Tourism Code, consists of the combination of at least two different types of the following tourist services sold or offered for sale: (i ) the transportation of passengers; (ii) lodging that is not an integral part of the transportation of passengers and is not intended for residential purposes or long-term language courses; (iii) the rental of cars, other vehicles or motorcycles and requiring a category A driver's license; (iv) any other tourist service that is not an integral part of one of the tourist services referred to in (i), (ii) or (iii) above, and is not a financial or insurance service; as well as - possibly - one or more of the following ancillary tourist services: (1 ) transportation of luggage as part of the transportation; (2 ) the use of paid parking facilities at stations and/or airports (3) transportation over short distances on sightseeing tours or transfers between an accommodation facility and a travel station; (4 ) the organization of entertainment or sports activities; (5) the provision of meals, beverages and cleaning as part of the accommodation; (6 ) the use of bicycles, skis or other equipment in the accommodation facility or access to facilities on site; and (7) any other supplementary services typical according to local practice.
- What is provided in the preceding Paragraph constitutes a Tourist Package if at least one of the following conditions is met: (a ) the services provided are combined by a single Professional, including at the Traveler's request or in accordance with the Traveler's selection, before a single contract for all the services is concluded; (b) such services, even if concluded under separate contracts with individual suppliers, are: (i ) purchased at a single point of sale and selected before the Traveler consents to payment; (ii ) offered, sold or invoiced at a lump sum or global price; (iii ) advertised or sold under the name "package" or other similar; ( iv) combined after the conclusion of a contract by which the Professional allows the Traveler to choose from a selection of different types of tourist services or purchased from separate Professionals through related processes of booking by electronic means where the name of the Traveler, payment details and e-mail address are transmitted by the Professional with whom the first contract is concluded to one or more Professionals and the contract with the latter Professional(s) is concluded no later than 24 (twenty-four) hours after the confirmation of the booking of the first tourist service.
- In the present case, the Tour Package consists of the services better specified in the Order and in the catalog published on the Organizer's Website.
- Said services are understood to be purchased and provided as a package and are not modifiable by the Customer, unless specific changes are agreed upon with the Organizer and result from the Order.
5.Pre-contractual information from the Organizer
- The Organizer is licensed to carry out its activities under current legislation.
- The Organizer shall make known to the Client, prior to the conclusion of the contract, (i) the details of the insurance policy for the coverage of risks arising from professional liability and the details of other optional or mandatory guarantee policies, for the protection of Travelers, to cover events that may affect the execution of the Tourist Package, such as the cancellation of the Tourist Package itself, the coverage of medical expenses, Early Return, loss or damage of luggage, as well as (ii) the details of the guarantee against the risks of insolvency or bankruptcy of the Organizer for the purpose of the return of the sums paid or the Return of the Traveler to the place of departure, where the Tourist Package includes transportation service.
- For the identification of the administrative authorization and policies, insurance and guarantee, underwritten by the Organizer for the purpose of its of activities, please refer to the previous Article 1.
- The Organizer shall provide the Traveler with the relevant standard information form set forth in Annex A, Part I or II of the Tourism Code, as well as the following information: (a ) travel destination, itinerary and periods of stay with relevant dates and, if accommodation is included, number of nights included; (b ) where the Tourist Package includes the service of transportation, means, characteristics and categories of transportation, places, dates and times of departure and return (where the exact time is not yet established, the Organizer shall inform the Traveler of the approximate time of departure and return); ( c ) location, main features and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination; (d ) any meals provided; (e ) tours, excursions or other services included in the agreed total price; ( f ) any tourist services provided to the Traveler as a member of a group and, if so, the approximate size of the group; (g ) language in which the services are provided; ( h ) whether the trip and/or vacation is suitable for persons with reduced mobility and, upon the Traveler's request, precise information on the suitability of the trip and/or vacation with respect to his or her needs, with the clarification that special requests regarding the manner in which certain services forming part of the Tourist Package are provided and/or performed, including the need for assistance at the airport, the request for special meals on board or at the resort, must be made at the time of booking and result from specific agreement between Traveler and Organizer; ( i ) total price of the Tour Package, including taxes, fees, duties and other additional costs, including any administrative and practice management fees (if not reasonably calculable prior to the conclusion of the contract, an indication of the additional costs that the Traveler may still have to incur); (l ) method of payment, with specification on the timing of payment of deposit and balance, as well as financial guarantees that the Traveler is required to pay or provide; ( m ) minimum number of Travelers required for the Tour Package and the time limit by which the Organizer must give notice of any termination of the Contract for failure to reach this minimum number; (n ) general information on passports and/or visas, approximate times for obtaining visas, as well as health formalities of the country of destination; (o ) option for the Traveler to withdraw from the contract at any time prior to the commencement of the Tour Package, subject to payment of the standard withdrawal fees, more fully specified in Section 10.1; (p ) subscription of insurance covering the costs of unilateral withdrawal from the Contract by the Traveler or the costs of assistance, including Re-entry in case of injury, illness or death.
6.Conclusion of the Contract
- This Contract is concluded when the Customer receives the acceptance of the Order from the Organizer.
- Upon conclusion of the Contract or, in any case, as soon as possible, the Organizer shall provide the Traveler with a copy or confirmation of the Contract on a Durable Medium.
- The Traveler is entitled to receive a hard copy if the Contract was made in the simultaneous physical presence of the Parties.
- The Traveler, if the Contract has been negotiated off-premises, as defined in Article 45, paragraph 1, letter h), of Legislative Decree No. 206 of September 6, 2005 (the "Consumer Code"), has the right to receive a copy or confirmation of the Contract on paper or, if the Traveler consents, on another durable medium.
- The total cost of the Tourist Package - as well as its subdivision, as well as its terms and terms of payment - is specified in the catalog published on the Organizer's Website, as well as in the Order signed by the Customer (the "Consideration").
- The Fee is composed of (i ) enrollment/practice management fee, (ii ) participation fee, (iii ) taxes, fees and administrative expenses, in the amounts better specified in the Order signed by the Client.
- The Fee includes the services specified in the Order, so all additional costs, expenses and charges associated with the use of additional services and activities, not included in the Tour Package, will remain the responsibility of the Traveler.
- Upon signing the Order, the Traveler must pay (i) a registration or practice management fee and (ii) a fee as a deposit (the "Down Payment").
- The balance of the Fee (the "Balance") must be paid by the deadline set by the Organizer and indicated in the Order (the "Deadline").
- Payment of the Fee must be made by bank transfer, to the Organizer's bank details specified in the Order.
- If the Order is placed at a time after the Final Term, the Consideration shall be paid in a single installment, at the time of the Order.
- It is hereby understood that failure to pay the Deposit and/or Balance in the terms specified above constitutes an express termination clause of this Contract, pursuant to Article 1456 of the Civil Code.
8.Review of the Fee
- The Consideration may be subject to change, upward or downward, only in the event of changes in: (i ) transportation costs, including the cost of fuel; (ii ) fees and taxes related to air transportation, landing, landing or embarkation fees at ports or airports; (iii ) exchange rates applied to the Tourist Package.
- The Consideration may not be increased in the 20 (twenty) days prior to departure, and the revision may not exceed 8% (eight percent) of the original Consideration.
- In any case, the Organizer shall have the right to deduct administrative and practice management fees from any refund due to the Traveler.
- The Organizer must notify the Traveler, clearly and precisely and by Durable Medium, of the change in the Fee, specifying its justification and how it is calculated.
9.Change or cancellation of the Tourist Package before departure
- The Organizer, prior to departure, has the right to unilaterally change the terms of the Contract (other than the Fee) where the change is of minor importance (the "Minor Change").
- The Organizer must notify the Traveler, clearly and accurately and through Durable Medium, of the Minor Change made to the Tour Package.
- In the event that, prior to departure, the Organizer (i ) needs to significantly change one or more main features of the tourist services, as identified in Article 34, paragraph 1, lett. (a) of the Tourism Code; or (ii ) could not meet the specific requests of the Traveler already previously accepted; or, again, (iii) proposes to increase the Consideration by more than 8% (eight percent) (the "Significant Changes"), the Organizer shall notify the Traveler, on a Durable Medium, without undue delay and in a clear and precise manner, of the Significant Changes, their impact on the Consideration and the deadline by which the Traveler must communicate its acceptance or otherwise (the "Notice of Significant Changes").
- In such a case, the Traveler may either (i) accept the proposed change or (ii ) withdraw from the Contract, without paying the Withdrawal Fees( definedbelow ), by giving notice to the Organizer within the time period specified in the Notice of Significant Changes, failing which the Significant Changes themselves are implicitly accepted.
- In the event that the Traveler does not accept the Significant Change and exercises the right of withdrawal to which he or she is entitled, the Organizer may offer the Traveler, as an alternative to the refund of the Consideration, a substitute package (the "SubstitutePackage"), of equivalent or superior quality to the Tourist Package.
- Where the Substitute Package is of lower quality or cost than the Tour Package, the Traveler is entitled to an appropriate reduction in the Fee.
- If the Traveler does not accept the Substitute Package, the Organizer shall refund without undue delay and in any event within 14 (fourteen) days of the Traveler's notice of withdrawal all payments made by or on behalf of the Traveler.
10.Right of withdrawal
- The Traveler's Right of Withdrawal.:
- Notwithstanding the provisions ofArticle 8 above, as well as in the Paragraphs 9.3 and following, the Traveler has the right to withdraw at any time prior to the commencement of the Tour Package.
- In the event of a withdrawal pursuant to Section 10.1 above, the Traveler shall reimburse the Organizer for the following expenses, calculated based on the time of the intervening withdrawal, the expected cost savings, and the expected income from the reallocation of the Tour Package (the "Withdrawal Expenses").
Regarding the Down Payment: withdrawal beyond 60 (sixty) days prior to departure, beyond this deadline no refund of the Down Payment will be paid.
Regarding the Balance: ( i) withdrawal beyond 60 (sixty) days before departure, no Withdrawal Fees will be due; (i) withdrawal between 60 (sixty) and 31 (thirty-one) days before departure, 30% (thirty percent) of the Consideration (iii ) withdrawal within between 30 (thirty) and 16 (sixteen) days before departure, 80% (eighty percent) of the Consideration; (iv) withdrawal beyond 16 (sixteen) days before departure, 100% (one hundred percent) of the Consideration.
- In the event that the Traveler's withdrawal depends on Inevitable and Extraordinary Circumstances occurring at the place of destination or in its immediate vicinity, which materially affect the performance of the Tourist Package, no Withdrawal Fees shall be due and the Traveler shall be entitled to a refund of the amount already paid for the purchase of the Tourist Package. The Traveler shall not be entitled to indemnification or compensation of any kind.
- Withdrawal by the Traveler due to circumstances other than Unavoidable and Extraordinary Circumstances, including the inability to take advantage of the Tour Package for reasons beyond the Traveler's control, does not legitimize withdrawal without Withdrawal Charges.
- In the event that the Tour Package has been purchased by a pre-established group of Travelers, the Withdrawal Charges will be negotiated from time to time at the time of the Order/Acceptance of the Order.
- Where the Contract is negotiated off-premises, the Traveler has the right to withdraw from the Contract within a period of 5 (five) days from the conclusion of the Contract itself or from the receipt of a copy of the Contract, whichever is later, without penalty and without providing justification. In the event that the Tourist Package provides for significantly decreased rates compared to current offers, the right of withdrawal is excluded. In the latter case, the Organizer shall document the price change adequately highlighting the exclusion of the right of withdrawal.
- The Organizer's Right of Withdrawal.:
- The Organizer has the right to withdraw at any time before the start of the Tour Package.
- In the event of the Organizer's withdrawal under (i) above, the Organizer shall reimburse the Traveler for any payments already incurred by the Traveler. No further compensation shall be payable in the event that the Organizer's withdrawal is due to Unavoidable and Extraordinary Circumstances which the Organizer shall notify the Traveler of, without delay, prior to the commencement of the Tour Package.
- Refunds payable by the Organizer to the Traveler, pursuant to the preceding Paragraphs 10.1 e 10.2, shall be made within 14 (fourteen) days of the intervening withdrawal.
11.Assignment of Contract
- The Traveler may substitute for himself/herself a third party, whose details and references he/she must provide, who meets all the conditions for the use of the service, provided that he/she notifies the Organizer no later than 4 (four) days before departure.
- Any additional costs that may arise from the assignment of the Contract shall be borne by the Traveler and the assignee.
- The Traveler and the assignee will be jointly and severally liable to the Organizer.
12.Minimum number of participants
- This Contract is resolutively conditioned on the purchase of the same Tour Package by a minimum number of participants, specified in the catalog published on the Website and/or in the Order (the " MinimumNumber of Participants").
- This Contract, if the Tour Package is not purchased by the Minimum Number of Participants, shall be deemed automatically and definitively terminated and ineffective, and the Parties shall be released from any obligation or commitment arising therefrom, without prejudice to the Organizer's obligation to reimburse the Traveler for any expenses already incurred by the Traveler.
- Termination of the Contract for failure to reach the Minimum Number of Participants must be communicated by the Organizer to the Traveler within 10 (ten) days prior to departure.
- The Traveler, in the event of termination of the Contract under the preceding Paragraphs, shall not be entitled to any indemnity/compensation whatsoever.
13.Notice of complaint
- The Traveler, pursuant to Articles 1175 et seq. of the Civil Code, is obliged to notify the Organizer, without delay and on a Durable Medium, of any Defects of Conformity detected during the execution of the Tourist Package, so that the Organizer, including, where appropriate, through its representative on site, can remedy them (the "Notice of Claim").
- By the Notice of Claim, the Traveler assigns the Organizer a reasonable period of time within which the Organizer must remedy the situation (the "Reasonable Period").
14.Responsibilities of the Organizer
- The Organizer is responsible for the execution of the Tour Package and the services included therein, regardless of whether such services are provided by the Organizer personally or by parties whose cooperation it uses.
- The Organizer is obligated to provide assistance to the Traveler where the Traveler is in distress and shall be entitled to compensation where the event necessitating the assistance was caused intentionally or by the Traveler's own fault, to the extent of actual expenses incurred.
- The Organizer is obliged to remedy any Conformity Defect that occurred during the performance of the Tourist Package and referred to in the Complaint Notices within the Reasonable Period, unless this is impossible or, having regard to the extent of the Conformity Defect and the value of the tourist service affected by the defect, excessively onerous.
- If the Organizer does not remedy the Conformity Defect within the Reasonable Period, the Traveler may remedy it himself/herself and, therefore, obtain, from the Organizer, reimbursement of the expenses incurred to that end, or, if the non-performance is not of minor importance within the meaning of Article 1455 of the Civil Code, he/she may, alternatively, (i) terminate the Contract without charge or (ii ) obtain a reduction in the Consideration, subject - in any case - to compensation for damages.
- If the Traveler opts to terminate the Contract pursuant to the preceding Paragraph, the Organizer shall, if the Tour Package includes transportation, arrange for the Traveler's Return by means equivalent to that originally agreed upon, without undue delay and at no additional cost to the Traveler. Where this is impossible, the Organizer shall bear the cost of the necessary accommodation for a period not exceeding 3 (three) nights, unless the Traveler is a person with reduced mobility or the companion of such person, pregnant woman, unaccompanied minor, person in need of specific medical assistance, and the Organizer has received notice of such special conditions at least 48 (forty-eight) hours prior to departure.
- In the event that the Organizer, in the course of the execution of the Tourist Package, is unable to provide a substantial part, in terms of value or quality, of the services included in the Tourist Package, due to Unavoidable and Extraordinary Circumstances, it shall offer to the Traveler, without additional charge, suitable alternative solutions of - if possible - higher or equivalent quality. If an alternative solution of inferior quality is proposed, the Traveler is entitled to an appropriate reduction in the Fee.
- The Traveler, in accordance with the provisions of Articles 1175 and 1375 of the Civil Code, may reject the alternative solutions referred to in the preceding Paragraph only if they are objectively not comparable to what was agreed upon or if the reduction in the Consideration is inadequate.
15.Right to Reduction of Fee
- The Traveler is entitled to an appropriate reduction in the Consideration for the period during which the Conformity Defect occurred and to compensation for any damages suffered as a result of said Conformity Defect.
- The provisions of the preceding Paragraph are waived if the Organizer proves that the Conformity Defect is attributable to the Traveler or to a third party unrelated to the provision of the services included in the Tourist Package or to Inevitable and Extraordinary Circumstances.
- The Organizer shall be subject to the limitations set forth in applicable international conventions binding Italy or the European Union regarding the extent of compensation or the conditions under which it is payable by a supplier providing a tourist service included in the Tourist Package.
- The liability of the Organizer is limited to the provisions and stipulations of Article 43, Paragraph 5 of the Tourism Code.
16.Damage compensation for ruined vacation
In the event that the non-performance of services is not trivial within the meaning of Article 1455 of the Civil Code, the Traveler is entitled, in addition to the termination of the Contract, to compensation for damages related to the vacation time unnecessarily spent and the unrepeatability of the lost opportunity.
17.Guarantees to the Traveler under Article 47 of the Tourism Code
- The Organizer has taken out appropriate liability insurance policy in favor of the Traveler for compensation for damages arising from the violation of the obligations under the Contract.
- This Contract is, also, assisted by insurance policy that, for travel abroad and travel taking place within a single country, including travel to Italy, in cases of insolvency or bankruptcy of the Organizer, without delay at the request of the Traveler, guarantees the refund of the Consideration paid for the purchase of the Tourist Package and, if the Tourist Package includes transportation of the Traveler, his or her immediate Return, as well as, if necessary, payment for food and lodging before the Return.
18.Responsibilities of the Client
- Notwithstanding the provisions ofArticle 5 with reference to the information to be provided by the Organizer to the Client prior to departure, the Client is responsible for preparing the documentation necessary for the enjoyment of the Tourist Package (including but not limited to: travel documents, visas, vaccinations, Covid-19 tests, etc.) (the "Necessary Documentation").
- The Organizer, therefore, cannot be held responsible for the Client's failure to enjoy the Tour Package due to any defects in the Required Documents.
19.Creation and use of multimedia content
- The Traveler consents to the creation of multimedia content by the Organizer during the execution of the Tourist Package.
- The Traveler, therefore, authorizes the Organizer to use its images, photos, videos and, for this purpose, assigns to the Organizer all rights necessary for this purpose (the "Media Content").
- The Traveler also consents to the use of such Media Content by the Organizer and thus to its publication via the media channels (Website, social media, etc.) and marketing literature of the Organizer, this solely for the purpose of promotion of the Organizer's services/activities to third parties.
- In view of the early publication of catalogs containing information on how to use the services, it should be noted that the flight times and routes indicated in the acceptance of the proposed purchase and sale of services may be subject to change as they are subject to subsequent validation.
- The Organizer will inform passengers about the identity of the actual carrier(s) at the time and in the manner stipulated in Art. 11 of EC Reg. 2111/2015.
Any disputes that may arise with reference to the Order, the General Conditions and the execution of the Tourist Package shall be governed by Italian Law.
- The Organizer and the Traveler, each to the extent of its competence, do not use any intermediary.
- Any modification or addition to this Contract shall be valid and effective only where agreed upon in writing and resulting from a document signed by Organizer and Traveler.
- If for any reason, including legislative or covenant innovations, any provision contained in the Contract is or becomes invalid or ineffective, the remainder of the Contract shall remain perfectly valid, and the Parties shall promptly engage in good faith negotiation for the purpose of replacing the void provision with similar, but valid, provision, having similar economic content for both Parties.
- Any acquiescence by either Party to conduct engaged in in violation of the provisions contained in the Contract shall not constitute a waiver of its rights under the violated provisions, nor of its right to demand exact performance of all that is provided therein.
- In the event that the Organizer has granted an indemnity or reduction in Cost or paid compensation for damages or, again, has been forced to comply with other obligations in accordance with the provisions of the Tourism Code, it shall have the right of recourse against those persons who have contributed to the occurrence of the circumstances or event from which the indemnity, reduction, compensation or other obligations arise; the Organizer is subrogated, within the limits of the compensation paid, in all the rights and actions of the Traveler against the responsible third parties; the Traveler shall provide the Organizer with all documents, information and useful elements in its possession for the exercise of the right of subrogation.
- The Traveler authorizes the Organizer to process his or her personal data, including sensitive data, pursuant to and in accordance with Article 13, Legislative Decree No. 196/2003 and Articles 13 and 14 of EU Regulation 2016/679.