Travel conditions and rules
General Conditions of Tourist Packages Sale
Melsinea Viaggi is the commercial trademark through which Melsinea Viaggi S. r.l. carries out activities of organization and sale of tourist packages (accordingly to Aut.nr 28/2002 dated 29/04/2002 Prov VR, European Insurance AG n° 45800344-RC14). The present General Conditions of Sale apply to all products offered by Melsinea Viaggi, except as may be communicated to the act of the booking proposal. With the filling of the booking proposal, the Tourist claims and acknowledges that it viewed, read and received the General Conditions of Sale, valid at the time of the booking request. The present General Conditions of Sale governs the relationships between Melsinea Viaggi S.r.l. (alternatively “Melsinea Vaiggi”, “Travel Organizer” or “Organiser”), Fiscal Code 02155620236, with head office in Malcesine, VR, via Gardesana 129/131 and the subject (“Tourist”) that intends to purchase one or several products included in the Melsinea Viaggi catalogue.
1. LEGISLATIVE SOURCES The sale of Tourist packages with the purpose of providing National as well as International services, is regulated – including its abrogation under art. 3 of Legislative Law no. 79 of 23 May 2011 (the “Code of Tourism”) – by L. 27/12/1977 no. 1084 approved and executed by the International Convention concerning travel contracts (CCV), signed in Brussels on 23/4/1970 – as far as it is applicable – as well as by the Code of Tourism (art. 32-51) and its successive modifications.
2. ADMINISTRATIVE REGIME. The organiser must, as well as the broker appointed by the organiser, be certified at the time of carrying out of the activity, according to the administrative and regional legislation. Pursuant to and in accordance with art. 18, paragraph VI, of the Code of Tourism, the use of the company name or business name of the words “travel agency “, “tourism agency” , “tour operator”, “travel mediator” that is other words or expressions, also in a foreign language, of a similar nature, is exclusively permitted to the certified companies set forth in the first paragraph.
3. DEFINITIONS for the purposes of this contract are intended as follows: a) Travel Organiser or Organiser: the subject that is obliged in their own name and with lump sum payment to provide tourist packages to third parties, realising the combination of elements referred to in art.4 and offering the Tourist, also through a remote system of communication, the possibility of carrying out autonomously and purchasing such combination; b) Intermediary: the subject that, even if not professionally or without any profit , sells or is obliged to provide Tourist packages carried out pursuant to and in accordance with art. 4 with lump sum payment; c) Tourist: the buyer, the assignee of a Tourist package or any other person to be appointed, provided that the same satisfies all the conditions required for realization of the service, on behalf of which the main contractor is committed to buying a Tourist package.
4. NOTION OF TOURIST PACKAGE
The concept of Tourist Package is the following; “Tourist Packages have as their object trips, holidays, “all included” circuits, Tourist cruises, resulting from the combination, by anyone and any how performed, of at least two of the elements indicated as follows, sold or offered on sale at a forfeit price at an all inclusive price:
c) Tourist services (the “Tourist Services”) not additional to the transport or accommodation referred to in art. 36 that constitute for satisfaction of the recreational needs of the Tourist, a significant part of the “Tourist Package”.
The Tourist is entitled to receive a copy of the sale agreement of the Tourist Package (drafted pursuant to and in accordance with art. 35 of the Code of Tourism). The contract constitutes a right to access the Guarantee Fund provided for in the following art. 21.
5. INFORMATION FOR THE TOURIST – TECHNICAL SCHEDULE The Organiser prepares in draft either in the catalogue or in the program apart from the catalogue – also in e-format or in computerised form – a Specifications Sheet. The compulsory elements of the Specifications Sheet of the catalogue or of the catalogue aside from the catalogue are:
– administrative authorisation details or, if applicable, the D.I.A. ( Declaration of Starting Business) or C.C.I.A. of the Organiser;
– details of the insurance policy and civil responsibility;
– validity period of the catalogue or of the program apart from the catalogue;
– procedures and conditions of replacement of the traveller;
– parameters and adjustment criteria of travel cost.
The Organiser will also include in the specifications sheet any further particular conditions.
6. BOOKINGS The Tourist that intends to require Melsinea Viaggi consultancy for the preparation and purchase of a Tourist Package, shall send a booking proposal of the Tourist Package and consultancy request (the “Booking Proposal” or “Proposal”). With the Proposal, the Tourist may autonomously draft their own Tourist Package, choosing from within the Melsinea Viaggi catalogue and forward electronically, the Proposal to Melsinea Viaggi. Upon sending the Proposal, the Tourist proceeds, again electronically, to payment of the sum requested by Melsinea Viaggi. After the aforementioned payment the Melsinea Viaggi proceeds to check the availability of the Tourist packages requested by the Tourist.
Whenever all the Tourist Services included within the required Tourist Package in the Proposal, are available, then Melsinea Viaggi shall electronically confirm acceptance of the Proposal to the Tourist, notifying the Tourist all information of the purchased Tourist Package and indicating the term for payment of the full amount due by way of purchase for the Tourist Package (the “Price”). Melsinea Viaggi, as it receive the Price payment confirmation, shall address the Tourist all final documents relating to the finalized purchase of the Tourist Package, including the invoice for the payment of the Price.
Whenever one or more of the Tourist Services included within the required Tourist Package in the Proposal are not available, then Melsinea Viaggi shall propose the Tourist one or more alternative Tourist Packages, for the required period, within Melsinea Viaggi catalogue published on the website.
If the Tourist decides to purchase an alternative Travel Package, Melsinea Viaggi shall electronically notify the Tourist all information of the selected Tourist Package, indicating the term for payment of the Price. Melsinea Viaggi, as it receive the Price payment confirmation, shall address the Tourist all final documents relating to the finalized purchase of the Tourist Package, including the invoice for the payment of the Price.
In all cases, Melsinea Viaggi will provide the Tourist, before departure, with the instructions relating to the Tourist Package not included in the contract documents in the brochures that is in other written means of communication, as provided for in art. 37, paragraph 2 Code of Tourism. Pursuant to and in accordance with art. 32, paragraph 2, Code of Tourism, in the event of contracts concluded remotely or outside of the commercial premises (as defined respectively by art. 50 and 45 of Legislative Decree 206/2005), Melsinea Viaggi reserves the right to communicate in written form the inexistence of withdrawal right provided for by art. 64 and following articles of Legislative Decree 206/2005.
7. PAYMENTS FAILURE without prejudice to that provided for by art. 6 above, failure to make payment of the sums mentioned above by the deadlines established constitutes, as per the express termination clause as determined by the intermediary and /or the Organiser, cancellation of the contract.
8. PRICE The Price is determined in the contract, with reference to that indicated in the catalogue or program apart from the catalogue and any updates of the same catalogues or programs apart from the catalogue subsequently added. The price can be changed up to 20 days before departure and only due to variations of rights and taxes on Tourist services.
9. MODIFICATION OR CANCELLATION MADE TO THE TOURIST PACKAGE BEFORE DEPARTURE Before departure should the Organiser or the Intermediary need to make significant changes of one or more elements of the contract, they must give immediate written notice to the Tourist, indicating the type of modification and the subsequent variation in price. If the tourist does not accept the modified proposal according to paragraph 1, the Tourist may exercise alternatively their right to receive the sum already paid or benefit from the offer of a replacement Tourist Package according to the 2nd and 3rd paragraph of art. 10. The tourist may exercise their above mentioned rights even when the cancellation is due to circumstances beyond their control or force majeure, in relation to the Tourist Package purchased. The same is applicable for cancellations other than those caused by unforeseeable circumstances or by fortuitous events, as well as for those different from the non-acceptance by the Tourist of the alternative Tourist Package offered,
Where the Organiser cancels, (Art. 33 letter e) of the Consumer Code), the same shall reimburse the Tourist the amount already paid and cashed by the Organiser, by the same Organiser or by the Intermediary, with a supplement of 10%. The sum object of the reimbursement will never be more than double the amounts of which the Tourist would be debtor at on the same date as provided for by art. 10, paragraph 4 in the event of cancellation by the consumer.
10. TOURIST WITHDRAWAL The Tourist may withdraw from the contract, without paying a penalty, in the following circumstances:
– price increase exceeding of the 10% referred to in the previous art.8 ;
– significant modification of one or several elements of the contract objectively deemed as fundamental for the purposes of fruition of the Tourist Package which has been considered and proposed in its entirely by the Organiser after conclusion of the same contract but before departure and which has not been accepted by the Tourist.
In the cases mentioned above, the Tourist has the alternative right:
– to benefit from an alternative Tourist package, without any additional charge or with refund of the surplus price, if the second Tourist Package has a value lower than the first;
– to be refunded only part of the price already paid. Such refund will have to be carried out within seven working days from the time of receipt of the refund application. The Tourist must communicate their decision (whether to accept the modification or to withdraw) within two working days from the time the same receives the increase or modification notice. In the absence of an express communication within the above mentioned term, the proposal formulated by the Organiser is assumed to be accepted. Should the Tourist withdraw from the contract before departure due to reasons other than those indicated in the first paragraph, or in the case provided for by art. 7, paragraph 2, they will be charged independently from the payment of the deposit according to paragraph 1, article 7 the individual cost of case managing, the penalty indicated in the specifications of the Catalogue for the Tourist withdrawal, any eventual compensation of insurance coverage already requested at the time of the conclusion of the contract or for other services already paid for.
11. MODIFICATIONS MADE AFTER DEPARTURE
If, after departure, the Organiser is unable to fulfill due to any reason an essential part of the services offered in the contract, excluding personal Tourist cases and force majoure, the organiser must propose alternative solutions, without additional costs charged to the contracting party, and if the services provided have a value lower than those provided for in the original proposal , must reimburse the Tourist in measure equal to such difference. Where no alternative solution is possible, that is the Tourist refuses the solution offered by the Organiser for substantiated or justified reasons, the Organiser will provide without any additional cost, a means of transport equivalent to the original one to enable the Tourist to return to the point of departure or to a different place that may have been agreed, according to the means and places availability. The organiser will reimburse the difference between the cost of the previously agreed services and the services offered for the expected return date.
12. REPLACEMENTS The withdrawing Tourist can choose to be replaced by another person provided that:
a) the Organiser is informed of this in written form at least 4 working days before the established date of departure, receiving contextually communication as to the reasons for the replacement and the full personal details of the assignee;
b) the transferee or assignee fulfills all conditions for fruition of the service (former art. 39 Code of Tourism) and in particular the requirements relating to passport, visas and health certificates;
c) the same services or other services in replacement can be provided following replacement;
d) the replacement party must reimburse the Organiser all additional expenses incurred while performing the replacement, to the extent to be quantified before transfer. The transferor and the transferee are fully responsible for payment of the balance as well as for the costs referred to in letter d) of this article. Any further replacement procedures and conditions will be indicated in the specifications.
During negotiations and in any case before conclusion of the contract, foreign citizens are required to inform themselves of the general information relating to the health obligations and the documents necessary to enter Italy through their diplomatic representatives present in Italy and/or their respective official government information channels. In any case, before departure, Tourists must check that this information is updated by the competent Authorities (through the site www.esteri.it/visti) and complying before departure. In the absence of this verification, neither the Intermediate nor the Organiser will be held responsible for one or several Tourists being unable to travel. The Tourists will have to inform the Intermediary or the Organiser of their citizenship and, at the moment of departure, must definitively ensure being in possession of all relevant vaccination certificates, individual passport and any other document valid for Italy as well as for all the countries that may be visited before entering Italy, as well as any travel and transit visas and health certificates that might be required. Tourists will have also to observe the rules of normal prudence and diligence as well as comply with those specifically in force at the place of destination, with all information provided by the Organiser, as well as with the administrative or legislative rules relating to the Tourist Package. The Tourists will be held responsible for all damages that the Organiser and/or the Intermediary should suffer also due to the failure to respect the above mentioned obligations, here included the expenses necessary for their repatriation. The Tourist is required to provide the Organiser with all documents, information and elements in their possession useful to exercise the right of subrogation of this latter towards third parties responsible for damage and is responsible to the Organiser for any prejudice caused to the right of subrogation. Upon booking, the Tourist will also communicate in writing to the Organiser any particular personal requests that may form part of specific agreements on travel arrangements, if this can be carried out. The Tourist will have to inform the Intermediary and the Organiser of any possible needs or particular conditions (pregnancy, food intolerance, disabilities, etc.) and explicitly specify the request of relative customised relative services.
14. HOTEL CLASSIFICATION The official classification of hotel structures is provided in the catalogue or in any other information material only according to the explicit and formal indications of the competent authorities of the country in which the service is provided.
If no official classification has been recognised by the competent Public Authorities of the countries that are also members of the EU to which the service is addressed, the Organiser reserves the right to provide its own description of the receptive structure in the catalogue or in the brochure such as to allow an evaluation and consequent acceptation of the same by the Tourist
15. LIABILITY SYSTEM
Melsinea Viaggi is responsible for any damages caused to the Tourist due to total or partial failure to fulfill contractual obligations, whether they are caused by the Organiser in person or by third party suppliers of services, unless Melsinea Viaggi is able to prove that the event has derived from a fact related to the Tourist (here including initiatives independently taken by this latter during the course of performance of the Tourist services composing the Tourist Package purchase) or due to an inevitable or unforeseeable event, to circumstances extraneous to services provided for in the contract, to a fortuitous case, force majeure, that is to circumstances that the same Melsinea Viaggi could not reasonably foresee or resolve, according to its professional diligence. The Organizer is exempt from liability for loss or damage to baggage when these are due to the Tourist or when they are determined by the fact that third parties to unforeseeable or unavoidable, or by chance or force majeure. Outside of these the Organizer’s responsibility in any case, will be limited to the Art. 95 of the Codice del Consumo.
Compensation according to art. 44, 45 and 47 of the Code of Tourism and the relative limitation terms are regulated by that here provided and in any case within the limits determined by C.C.V, by the International Conventions that regulate the services, object of the Tourist Package as well as those contained in art. 1783 of the Civil Code.
17. ASSISTANCE OBLIGATION The Organiser must provide all measures of assistance to the Tourist according to the criterion of professional diligence with exclusive reference to the obligations for which it is responsible according to law or contract. The Organiser is exempt from any responsibility (art. 15 e 16 of the present General Conditions), when the non –fulfillment or inexact fulfillment of the contract is attributable to the Tourist or depends on a third party of an unforeseeable or inevitable nature, where it has been caused by a fortuitous event or by force majeure.
18. COMPLAINTS AND CLAIMS Every failure in the carrying out of the contract must be contested during fruition of the package through prompt presentation of a complaint so that Melsinea Viaggi or its local representative can find a solution at the right moment. Alternatively the damage reimbursement will be decreased or excluded according to art 1227 of the Civil Code. The Tourist must also – upon penalty of cancellation – send their complaint by registered letter with return receipt, or through any other means that guarantees the communication of receipt, to the Organiser or the Intermediary, within ten working days from the date the Tourist returns to their place of departure.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES If not expressly included in the price, it is possible, and it is recommended to draw up a special insurance policy against expenses deriving from cancellation of the Tourist Package and from any accidents. It is recommended also to draw up privately a contract of assistance that covers all repatriation expenses in the event of accidents, illnesses, fortuitous cases and/or force majeure. The Tourist will exert their rights deriving from these contracts exclusively towards the contracting associations, according to the conditions and procedures provided for in such policies.
20. ALTERNATIVE TOOLS OF CLAIMS SOLUTIONS Pursuant to and by effect of art. 67 Code of Tourism, Melsinea Viaggi will be able to propose to the Tourist a catalogue, on its own site or in other forms, an alternative resolution procedure for those claims that have arisen. In this case the Organiser will indicate the type of alternative resolution proposed and the effect that such adhesion involves. This contract and all eventual controversies that may arise with regard to its interpretation, application and/or fulfillment, will be presented for the competence of the Court of Verona.
21. GUARANTEE FUND (art. 51 Code of Tourism). The National Guarantee Fund established to protect Tourists that are in possession of a contract, fulfills the following requirements in case of declared insolvency or bankruptcy of the Intermediary or of the Organiser:
a) reimbursement of the amount paid;
b) repatriation in the event of travel abroad.
The fund must also provide immediate economic assistance in the case of forced re-entry of Tourists from non-EU countries due to emergencies imputable or not to the Organiser’s behaviour. The Fund’s interventions procedures are established in the Prime Ministerial Decree of 23/07/99, no. 349 and the applications for reimbursement to the Fund are not subject to any limitation period. The Organiser and the Intermediary shall contribute to such Fund in the measure set forth in the paragraph 2 of the above mentioned art. 51 of the Code of Tourism through the payment of a compulsory insurance bonus that he has to draw up, a share of which is deposited into the Fund according the procedures provided for in art.6 of Ministerial Decree 349/99.
22. PENALTIES FOR EARLY WITHDRAWAL FROM THE PURCHASED TOURIST PACKAGE The Tourist cancelling the Tourist Package purchase, except for cases of Article 10, will be subject to the following payments as penalties for early cancellation:
From the day after the finalization of the booking to 90 days before the departure: 20% (twenty percent) of the Total Price;
From 90 days to 75 days before the departure: 30% (thirty percent) of the Total Price;
From 74 days to 60 days before the departure: 50% (fifty percent) of the Total Price;
Over that term: 100% (one hundred percent) of the Total Price.
Addendum general conditions of sale of individual tourist services
A) EXTRA TOURIST SERVICES
Extra services not included in the price of the Tourist Package. The purchased services on site and not included in the price of the Tourist Package, although they can be illustrated and described in this catalog, are outside the scope of these General Conditions of Sale. Therefore, the Organiser is not liable for reservations and/or booking made directly between the Tourist and any Tourist Services provider.
Services/excursions/activities included in the price of the Tourist Package or booked in conjunction with this. For services included within the price of the Tourist Package (either incorporated a priori in the package, as well as those added at the request of the Consumer optional ) and whose execution is conditional upon the achievement of a minimum number of participants, in case of impossibility to realize them on the scheduled day due to bad weather , force majeure, fortuitous events or otherwise an unforeseeable event and therefore not attributable to the Organizer, the Organization , if possible, may decide to postpone the service/excursion/activity to another day, communicating this change to the customer within 24 hours before the scheduled meeting point for the trip. Alternatively, you can offer the customer the opportunity to participate on the same day to another excurson/activity , however, not feasible as susceptible to these conditions , without thereby having to pay any difference in price.
The contracts having as object the offer of the service of accommodation only, that is of any other separate Tourist service, and since it cannot be considered a negotiation of the travel organisation, that is of the Tourist Package, are regulated by the following regulations of the CCV (International Convention on Travel Contracts): art. 1, no. 3 and no. 6; art. from 17 to 23; art. from 24 to 31 (limited to parts of such regulations that do not refer to the contract of organisation) as well as to other agreements specifically referring to the sale of the individual object of contract. The vendor that agrees to provide to third parties, also by electronic means, a separately combined Tourist service, must provide the Tourist documents relating to this service that show the sum paid for the service and the same may in no way be considered Travel Organiser.
B) CONDITIONS OF THIS ADDENDUM
The following clauses of this General Condition of Tourist Packages Sale are also applicable to the Addendum: art. 6; art. 7; art. 13; art. 18. The application of the said clauses in no way categorises the relative services as part of the Tourist Package. As such, the terminology of the afore mentioned clauses relating to the Tourist Package contract (Organiser, travel etc.) shall be understood with reference to the corresponding figures of the contract of sale of the individual Tourist services (vendor, accommodation etc.).
Tours and tariffs are subject to change.
Cancellations and refunds
All tours, travel arrangements and accommodations are secure from the time of confirmation of booking. Consequently a cancellation fee will apply on all cancellations. If you cancel your tour reservation for any reason, a first deposit of 20% is non-refundable. If you cancel from 90 to 75 days before tour starting date: 70% of your total tour cost is refundable. If you cancel between 74 days and 60 days before tour starting date: 50% of your total tour cost is refundable. Cancellations less than 60 days from the tour start date, a cancellation fee equal to 100% of the tour cost will apply.
Prices and tariffs quoted for the tours are subject to change without notice in the event of unforeseen circumstances beyond our control, such as significant currency fluctuations.
You are required to purchase your own travel insurance to cover cancellation coverage, airline tickets, trip delay, lost luggage or any potential medical expenses, personal accident and sickness, emergency repatriation and personal liability. It is advisable to take specific cover for ambulance through your own private health insurance. Please note that travellers on Melsinea Viaggi tours must have comprehensive travel insurance. We may require evidence including policy number, insurers name and emergency contact number before we finalise your booking.
You are allowed one suitcase and one carry-on bag. If you exceed this limit there may not be space in the vehicle of your transfer to transport your excess luggage and it will be at your own expense to have it transported. We suggest that you bring a day pack for carrying water, guide books, jacket, rain gear, etc.
Most of our excursions include some time on your feet, but none of them include walks that can be considered strenuous. Also age is not important as long as you are physically fit. Our tours are not suited for anyone who is wheelchair bounded.
Single travellers are provided a private room. The additional single supplement cost will apply.
Our recommended tours and dates are always guaranteed once a booking is confirmed. Your additional expenses will be for non-included meals, moderate tipping where appropriate, and personal sightseeing or shopping. LIMIT OF LIABILITY:No responsibility is accepted for any loss, expense, accident, injury, or damage to any person or property due to the actions or omissions of any person, or any cause, including but not limited to acts of God, acts of terrorism, war, strikes, defects in machinery, breakdown of equipment, weather, quarantine, negligence, loss of baggage, or other causes beyond our control, such losses being the responsibility of the guest.
Membership on tour
Melsinea Viaggi S.r.l. reserves the right to accept, reject, or not retain any person as a tour participant whose condition or general deportment impedes the operation of the tour or, in the opinion of the tour manager, affects the rights and enjoyment of other guests. A guest not retained on tour shall have no cause for complaint or refund, and shall bear any and all extra expenses that ensue.
All information on this website is, to the best of our knowledge, correct. However, we reserve the right to make changes in accommodations, visits, and itineraries at any time should it become necessary or desirable. Delays or itinerary changes caused by strikes, bad weather, traffic, or other unforeseen circumstances are beyond our control and we are not obliged to pay guests compensation.
Statement of responsibilities
Just a reminder that travel on Melsinea Viaggi trip requires a degree of flexibility, and you should understand that the trip’s route, accommodation and modes of transport are subject to change without prior notice due to local circumstances. Should Melsinea Viaggi S.r.l. deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside Melsinea Viaggi’s control. While travelling with Melsinea Viaggi you agree to accept the authority of the leader at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that Melsinea Viaggi reserves the right to decline, accept, or retain any person as a member of the group at any time. To the best of Melsinea Viaggi’s knowledge, these third parties are qualified to perform the duties they are contracted to perform. However Melsinea Viaggi will not be held liable for any injury, damage, loss, delay or irregularity that may occur due to the behaviour of these third parties. Melsinea Viaggi will not accept responsibility or liability for any traveller who contravenes any law or regulation of any country visited. No employee, servant or agent of Melsinea Viaggi S.r.l. has authority to vary these conditions
Our tours are not pet friendly
The participant who wishes to cancel the journey for any reason will have the right to 90% refund of the fee, providing that notice is given at least 24 hours before the journey commences, Arena di Verona entrance tickets are not refundable. Refunds cannot be given after this time.
The agency reserves the right to cancel the journey at any time and without any obligation other than to pay back the total sum paid. The agency also reserves the right to vary the programme in case of necessity as the occasion may require.
The agency cannot be held responsible for injury to any person on account of circumstance beyond our control, nor accidents caused by a third party, nor for loss or damage to personal matters.
The responsibility of the agency is limited and subjected to the causes of the International Convention, law 1084/1977 and 79/2011, and cannot be exceeded in any case.
Suitable dress is obligatory for visits in sacred places and warm clothes recommended for the Dolomites tour.
Entrance fees are not included if not specifically mentioned. Seats on the coach cannot be reserved. It is not permitted to eat lunch-packets on the coach. The return time is not binding. It is normal to give tips in Italy.
Arena di Verona
The excursion will take place in any weather. In case of rain, only the Foundation Arena di Verona will take the decision about cancelling the performance shortly before its beginning.
Our Travel Agency can in no way influence such decision. In case of cancellation of the performance before its beginning, the sole cost of the entrance ticket will be refunded.