Below you will find the general terms and conditions of sale of our packages. It is advisable to pay particular attention to clause n. 3, related to the payment terms, and clause n. 6, related to the penalties in case of cancellation of the booking.
Depending on the type of package, some conditions may slightly vary. For this reason, we postpone the reading and acceptance of the specific conditions when you are about to confirm the chosen package.
GENERAL TERMS AND CONDITIONS OF SALE OF TOURIST PACKAGES
1. LEGISLATIVE SOURCES The sale of tourist packages, which have as their object services to be provided in both national and international territory, is regulated - until its repeal in accordance with art. 3 of Legislative Decree no. 79 of 23 May 2011 (the "Code of Tourism") - by the Law of 27/12/1977 No. 1084 of ratification and execution of the International Convention concerning the travel contract (CCV), signed in Brussels on 23.4.1970 - in as applicable - as well as by the Code of Tourism (articles 32-51) and its subsequent amendments.
2. ADMINISTRATIVE ARRANGEMENT The organiser and the intermediary of the tourist package, who the tourist refers to, must be qualified to carry out the respective activities according to the applicable administrative regulations, including regional ones. In accordance with art. 18, paragraph VI, of the Code Tourism, the use in the corporate name of the words "travel agency", "tourism agency", "tour operator", "travel broker" or other words and phrases, including in a foreign language, of a similar nature, it is allowed only to qualified companies enabled as seen in the first paragraph.
3. PAYMENTS Booking the package involves the payment of a DEPOSIT equal to 33% of the total amount (it varies from package to package, depending on the offered services). The BALANCE is due at least 30 days before the departure. For reservations made within 30 days before the departure date, the price must be paid in full at the moment of the application. The deposit referred to package + flight will not be refunded in case of cancellation. Failure to pay the above amounts on the due dates constitutes a termination clause such as to determine, by the intermediary agency and / or the organizer, the annulment of the right. The booking of an air ticket involves the immediate payment of the entire amount of the flight in addition to the relevant agency fees.
4. PRICE POLICY The price of the package is determined in the travel DATA SHEET, with reference to what is indicated on the agency's website (www.snowlife.it). The price may be changed up to 20 days before the departure and only as a result of changes in: - transportation costs, including the cost of fuel; - rights and taxes on certain types of tourist services such as taxes, fees or landing or boarding rights in harbors and airports; - exchange rates applied to the related package. For these changes, reference will be made to the exchange rate and the other costs on the date of publication of the program (as reported in the technical data sheet of the catalog) that is the date that is indicated on the above update cases. Exchange rate fluctuations will affect the flat rate of the tourist package in the percentage expressly indicated in the technical data sheet of the catalog or off-catalog program.
5. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE Before the departure, the organizer or the intermediary, who needs to significantly change one or more elements of the contract, has to give immediate notice in writing to the client, specifying the type of modification and the price variation that involves. If the client does not accept the proposed amendment as referred in paragraph 1, the client may alternatively exercise the right to request the amount already paid or to opt for a replacement offering tourist package, in accordance with the 2nd and 3rd paragraph of article 10. The tourist can exercise the rights provided above even when the cancellation depends on the failure of achieving the minimum number of foreseen participants in the Catalog or outside-catalog Program, or in case of force majeure and unpredictable circumstances, relating to the purchased package.
6. CANCELLATION OF THE TOURIST The tourist can withdraw from the contract, without paying penalties, in the following cases: 1- price increase as per the previous art. 4 over 10%; 2- significantly modification of one or more elements of the contract objectively considered as fundamental for the purposes of the use of the package after the conclusion of the contract but before departure and not accepted by the client. In mentioned cases above, the client has the right alternatively: - to take advantage of an alternative package, without extra charges or with the return of the over price, if the second package has a lower value than the first; - the return of the only part of the price already paid. This refund must be made within seven working days of receipt of the refund request. The client must give notice of his decision (to accept the change or to withdraw) within and no later than two working days from the moment he received the notice of increase or modification. In the absence of express communication within the above mentioned deadline, the proposal formulated by the organizer is considered as accepted. In case the client withdraws from the contract before departure outside the hypotheses listed in the first paragraph, or in the case provided by the art. 7, paragraph 2, charges will apply - regardless the advance payment as per art. 7 paragraph 1 - the individual cost of practise management, the penalty to the extent indicated in the technical data sheet of the Catalog, Program outside the catalog or customized trip, the insurance coverage already requested at the time of conclusion of the contract or for other services that were already supplied. In the case of pre-established groups, such sums will be agreed from time to time upon signing the contract. In case of waivers of the booked services due to reasons other than the reasons n. 1 and 2 the following penalties will apply, in addition to the charges and expenses incurring for the cancellation of the services; - Nothing except from the deposit if the cancellation is received 30 days before the departure of the group -25% of the balance if the cancellation is received 21 days before the departure of the group. -50% of the balance if the cancellation is received between 21 and 11 days before the departure of the group. -75% of the balance if the cancellation is received between 11 and 3 days before the departure of the group. - No refund is provided after these terms
7. SUBSTITUTIONS Once the flight ticket has been booked, it is not possible to change the name of the passenger. With regard to the package, except from the flight, the renouncing client can be replaced by another person as long as: a) the organizer is informed in writing at least 4 working days before the departure, receiving at the same time notification of the reasons for the replacement and the details of the transferee; b) the transferee satisfies all the conditions for the use of the service (pursuant to Article 39 of the Code of Tourism) and in particular the requirements related to passports, visas, health certificates; c) the same services or other replacement services can be provided following the replacement; d) the substitute reimburses the organizer for all additional expenses incurred to proceed with the replacement to the extent that it will be quantified before the transfer. The transferor and the transferee are jointly responsible for the payment of the balance of the price as well as the amounts referred to in letter d) of this article.
8. HOTEL CLASSIFICATION The official classification of hotel facilities is provided on the website (www.snowlife.it) or in other information material only on the basis of the express and formal indications of the competent authority of the country in which the service is provided. In the absence of official classifications recognized by the competent Public Authority of the Countries, members of the EU to which the service refers, the organizer reserves the right to provide a description of the accommodation in the catalog or in the brochure, to allow an evaluation and consequent acceptance of the conditions by the client.
9. RESPONSIBILITY The organizer is not liable for damages caused to the client by a third party action of unforeseeable or unavoidable nature, by circumstances unrelated to the provision of the services provided in the contract, by fortuitous events, by force majeure or by circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve. The intermediary where the booking of the package has been made is not responsible in any case for the duties arising from the organization of the trip, but is only responsible for the duties arising from his quality of intermediary and, in any case, within the limits set for this responsibility by the current regulations on the subject, except for the exemption pursuant to art. 46 Cod. Tur.
10. LIMITS OF REFUND The refund referred to Articles 44, 45 and 47 of the Cod. Tur. and the related statute of limitations, are governed by the provisions therein and in any case within the limits established by the Civil Code, by the International Conventions which regulate the services constituing the object of the tourist package and by articles 1783 and 1784 of the civil code.
11. ASSISTANCE REQUIREMENT The organizer is obliged to provide assistance measures to the client according to the parameter of professional diligence with exclusive reference to the duties regulated by law or contract. The organizer and the intermediary are exempt from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failure or inexact execution of the contract is caused by the client or has depended on the fact of a third party of an unforeseeable or inevitable nature, or it was caused by a fortuitous event or force majeure.
12. CLAIMS AND COMPLAINTS Every failure in the execution of the contract must be contested by the client during the use of the package by timely presenting a complaint so that the organizer, his local representative or the companion, can promptly tackle it. Should they not be able to do so, the compensation for damages will be reduced or excluded pursuant to art. 1227 c.c. The client must also - under penalty of forfeiture - make a complaint by sending a registered letter with acknowledgment of receipt, or other means that guarantee proof of receipt, to the organizer or intermediary, within and not over ten working days from the date of return in the place of departure.
13. INSURANCE AGAINST EXPENSES OF CANCELLATION AND REPATRIATION If not expressly included in the price, it is possible, and indeed advisable, to engage in insurance policies at the booking time at the offices of the organizer or the intermediary, against the costs resulting from the cancellation of the tourist package, from any accidents and events related to the luggage carry. It will also be possible to stipulate an assistance contract that covers repatriation costs in case of accidents, illnesses, unpredictable events and / or force majeure. The client will exercise the rights resulting from these contracts exclusively against the stipulating Insurance Companies, under the conditions and in the manner prescribed by these policies.
14. ALTERNATIVE INSTRUMENTS FOR RESOLUTION OF CONTESTATIONS In accordance with the effects of art. 67 Cod. Tur. the organizer will be able to propose to the tourist - from the catalog, from the own website or in other forms - alternative resolution methods for arised disputes. In this case the organizer will indicate the type of alternative resolution proposed and the entailed effects. 15. GUARANTEE FUND (art. 51 Cod. Tur) The National Guarantee Fund set up to protect tourists who are in possession of a contract, provides the following needs in case of a declared insolvency or bankruptcy of the intermediary or organizer: a) reimbursement of the paid price; b) repatriation in case of travel abroad. The Fund must also provide immediate economic availability in case of forced return of tourists from non-EU countries in occasion of emergencies cause or not not by the behavior of the organizer. The modalities of intervention of the Fund are established with the administrative order of the President of the Council of Ministers of 07/23/99, n. 349 and the requests for reimbursement to the Fund are not subject to any deadline. The organizer and the intermediary contribute to feed this Fund to the extent established by paragraph 2 of the mentioned art. 51 Cod. Tur. through the payment of the compulsory insurance premium that is required to stipulate, a portion of which is paid to the Fund in the manner prescribed by art. 6 of Ministerial Decree 349/99.
