Terms and Conditions

General Conditions Of Sale

 

Art. 1 – General Provisions

1. Browsing this area gives the user access to Appennini for All, accessible via the url: https://www.appenniniforall.com/. Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by

Appennini for all S.R.L.

Headquarters: Via San Sebastiano 41, Cese di Avezzano (AQ) 67051

VAT number: 02115130664

Registered with the REA, number: AQ – 202246

You are required, before accessing the products provided by the site, to read these Terms and Conditions of Sale, which are generally and unequivocally understood to be accepted at the time of purchase.

3. You are encouraged to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which Appennini for all reserves the right to change unilaterally and without notice.
4. It is possible to use the site and thus access and purchase products provided by it in the following languages: Italian, English

 

Art. 2 – Purpose

1. These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on Apennines for all and do not, however, govern the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different parties, we suggest checking their terms and conditions.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, you will need to fill out the form electronically and submit it following the relevant instructions.
2. It contains a reference to the General Terms and Conditions of Sale, images of each product and its price, the means of payment that can be used, the mode of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; how and when to return the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Right of Withdrawal and Personal Data Processing Notice.
4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein are correct.
5. The buyer will be obligated to pay the price from the moment the online order submission process is completed. This will be done by clicking on the “Conclude Order” button at the end of the wizard.
6. When the contract is concluded, the seller takes over the order for fulfillment.

 

Art. 4 – Registered Users

1. In completing the registration procedures, you agree to follow the directions on the site and to provide your personal information correctly and truthfully.
2. Confirmation will in any case exempt Appennini for all from any liability regarding the data provided by the user. L ‘user undertakes to promptly inform Appennini for all of any change in their data at any time communicated.
3. If the user then communicates inaccurate or incomplete data or even in the event that there is a dispute by the parties concerned about the payments made, Apennines for all will have the right not to activate or to suspend the service until the relevant shortcomings are remedied.
4. At the time of the first request for activation of a profile by the user, Apennines for all will attribute to the same user name and a password. The latter acknowledges that these identifiers constitute the system of validation of the user’s access to the Services and the only suitable system for identifying the user that the acts performed by means of such access will be attributed to him and will be binding on him.
5. The user agrees to maintain the secrecy of his or her access data and to guard it with due care and diligence and not to transfer it even temporarily to third parties.

 

Article 5 – Availability of products

1. Product availability refers to actual availability at the time the buyer places the order. However, this availability should be considered purely indicative because, as a result of the simultaneous presence on the site of several users, products may be sold to other customers before the confirmation of the order.
2. Even after the order confirmation e-mail is sent, cases of partial or total unavailability of goods may occur. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the buyer will be immediately informed by e-mail.
3. If the purchaser requests cancellation of the order, terminating the contract, Apennines for all will refund the amount paid within 14 days after Apennines for all became aware of the purchaser’s decision to terminate the contract.

 

Art. 6 – Products offered

1. Apennines for all markets: tour packages and all elements, sellable individually, included therein
2. The offer is detailed on our website at the link: https://www.appennini for all.com/

 

Article 7 – Payment terms and prices

1. The price of the products will be as stated from time to time on the site, except where there is an obvious error.
2. In case of error Appennini for all will notify the buyer as soon as possible allowing the confirmation of the order at the correct amount or cancellation. In any case, there will be no obligation for Appennini for all to provide what was sold at the lower price erroneously indicated.
3. Once the desired products have been selected, they will be added to the shopping cart. You will simply follow the instructions for purchase, entering or verifying the required information at each step of the process. Order details may be changed before payment.
4. Payment can be made by:

Stripe

Paypal

Art 8 – Concept of tourist package

Pursuant to the Tourism Code (Art. 32-51-novies) as amended by Legislative Decree. 62 of 21/05/2018 implementing EU Directive 2018/2302, tourist packages have as their object travel and vacations and “all-inclusive” circuits resulting from the pre-established combination of at least two of the following elements, sold and offered for sale at a flat rate price and lasting more than 24 hours or extending for a period of time including at least one night: a) transportation; b) accommodation; c) tourist services not ancillary to transportation or accommodation (omissis…) that constitute a significant part of the “tourist package.”

Art 9 – Scope of Application

The contract, having as its object the offer of a tourist package, is understood to be governed not only by these general conditions, but also by the clauses indicated in the travel documentation delivered. Said contract, whether it has as its object services to be provided domestically or abroad, shall also be governed by L. 27/12/77 no. 1084 ratifying and executing the International Convention on the Travel Contract (CCV) signed in Brussels on 23/4/70 as well as by the aforementioned DL 62. On the other hand, these conditions do not apply to contracts having as their object the offer of only one of the elements mentioned in the introduction.

Art 10 – Reservations

Reservations are received until all available seats are filled. The reservation application must be made on the appropriate form, filled out in its entirety and signed by the client. Acceptance of reservations is subject to the availability of seats and is considered finalized, resulting in the conclusion of the contract, only upon written confirmation by the Organizer. Said confirmation will be sent by the Organizer by telematic system to the duly authorized Retail Travel Agencies.

 

Information about the tourist package not contained in the contractual documents, brochures or other means of communication will be provided by the Organizer to the consumer in regular fulfillment of its obligations under Article 37 paragraph 2 of the Tourism Code in good time before the start of the trip.

Art 11 – Prices and changes in the tourist package

All quotations are in Euros. Prices quoted in the contract may be changed up to 20 days prior to the date set for departure and only as a result of changes in:

• Transportation costs, including the cost of fuel;
• fees and taxes on certain types of tourist services such as taxes, landing fees, disembarkation fees, or boarding fees at ports or airports;
• exchange rates applied to the package in question.

For such changes reference shall be made to the exchange rate and cost of services in effect on the date of publication of the program as stated therein (data sheet). If prior to departure the Organizer is forced to significantly change an essential element of the contract, including the price, he shall promptly notify the consumer. For these purposes, a change in the price of more than 10 percent of the price is considered significant, or any change on elements that can be configured as essential to the enjoyment of the tourist package as a whole. The consumer who receives a communication modifying an essential element or modification of the price greater than 10% will have the right to withdraw from the contract, without paying any penalty fine, or to accept the modification, which will become part of the contract with the exact identification of the variations and their incidence on the price. The consumer must give notice of his decision to the Organizer or the intermediary within 2 working days from when he became aware of the change, which is otherwise deemed accepted.

The Organizer, if after departure it cannot provide an essential part of the services contemplated in the contract, shall make alternative arrangements, without additional charges to the consumer, and, if the services provided are of less value than those contemplated, compensate the consumer in an amount equal to this difference.

If no alternative solution is possible, or if the solution arranged by the Organizer is refused by the consumer for serious, justified and proven reasons, the Organizer will provide, without extra charge, a means of transportation equivalent to the original planned one, for the return to the place of departure or to the possibly agreed different place, only if such a solution is objectively indispensable. Changes to reservations already accepted, oblige the Organizer only if and to the extent that they can be fulfilled. In any case, the request for changes will result in the consumer being charged for the additional expenses incurred.

Article 12 – Consumer Withdrawals

The consumer may withdraw from the contract, without paying any penalty fine, only when he/she is notified of the change of an essential element, in accordance with Article 5, Paragraph 3 above, in which case, if he/she exercises the withdrawal, he/she has the right, alternatively to take advantage of another tourist package, or to be reimbursed the part of the price already paid at the time of withdrawal. The tourist package of which the consumer decides to take advantage, shall be of an amount not less than that originally planned. If the Organizer or, on its behalf, the intermediary are unable to offer a package of equivalent or higher amount, the consumer has the right to be refunded the difference.

A consumer who withdraws from the contract for cases other than in the preceding paragraphs of this article shall be charged the registration fee if any, as well as by way of penalty the sums set forth below

– For cancellations later than 30 days from the start date  stay: 30% of the full participation fee will be withheld

– For cancellations 10 to 30 days before the start date of stay: 50% of the full fee will be withheld

– For cancellation 0 to 10 days before the start date of stay: 100% of the full fee will be withheld

– In case of a No Show, i.e., those who do not show up at the departure or who cancel during the course of the trip itself: 100% of the entire participation fee will be withheld.

Article 13 – Substitutions

The relinquished client may be replaced by another person provided that:

1. the Organizer is informed in writing no later than 4 working days before the date set for departure, at the same time receiving notice about the generality of the concessionaire;
2. do not preclude reasons pertaining to passports, visas, health certificates, hotel accommodations, transportation services or otherwise such as to make it impossible for a person other than the renounced customer to enjoy the package;
3. the successor party reimburses the Organizer for all expenses incurred in making the substitution in the amount that will be quantified to him at the time of the communication of the assignment. The renouncing client shall in all cases pay only the registration fee, if any. He/she shall also be jointly and severally liable with the assignee for the payment of the price as well as the amounts referred to in paragraph c) of this article.

Article 14 – Non-execution

The consumer may exercise the rights provided for in the preceding art. 6 paragraphs 1 and 2, even in the event that prior to departure, the Organizer, for any reason, except a fact of the consumer’s own, communicates the impossibility of carrying out the services covered by the package. The Organizer may cancel the contract when the minimum number of participants has not been reached and provided that this is brought to their attention 5 working days before the date on which the tourist services were to begin. In this case, as well as in the case of the cancellation referred to in Art.6 paragraphs 1 and 2 above, the Organizer will be obliged only to reimburse the sums received within 7 working days from the time of cancellation or withdrawal, excluding any other disbursement.

Article 15 – Obligations of participants

Participants must have individual passports or other documents valid for all countries touched by the itinerary, as well as residence and transit visas and any health certificates that may be required. They shall also comply with the rule of ordinary prudence and diligence, with all information provided by the Organizer, and with regulations and administrative or legislative provisions relating to the tour package. Participants will be held liable for all damages incurred by the Organizer as a result of their failure to comply with the above obligations. The consumer is obliged to provide the Organizer with all documents, information and elements in its possession useful for the exercise of the latter’s right of subrogation against third parties responsible for the damage and is liable to the Organizer for the prejudice caused to the right of subrogation. The consumer will also communicate in writing to the Organizer, at the time of booking, those desired details that may possibly be the subject of specific agreements on travel arrangements, provided that it is possible to implement them.

Article 16 – Hotel Classification

Hotel accommodation, in the absence of official classifications recognized by the competent public authorities of the countries, including EEC member countries, to which the relevant service refers, is determined by the Organizer on the basis of its own criteria for evaluating quality standards.

Art 17 – Responsibility of the organizer

The Organizer is liable for damages caused to the consumer as a result of the total or partial non-performance of the contractually due services, whether they are carried out by him personally or by third-party service providers, unless he proves that the event resulted from the consumer’s own doing (including initiatives independently taken by the latter during the performance of tourist services) or from that unrelated to the provision of the services under the contract, fortuitous event, force majeure, or circumstances that the Organizer himself could not, according to professional diligence, reasonably foresee or resolve.

Article 18 – Limits of compensation

Compensation for damages arising from the non-performance or inexact performance of the services constituting the tourist package and the relevant limitation periods are governed by Articles 43-46 of the Tourism Code and in any case within the limits established by the International Conventions governing the services that are the subject of the tourist package as well as by Articles 1783 and 1784 of the Civil Code.

Art 19 – Duty of care

The Organizer is obliged to provide the measures of assistance to the consumer imposed by the criterion of professional diligence exclusively with reference to the obligations incumbent on it by provision of law or contract. The Organizer is not liable to the consumer for the failure of the intermediary travel agency to fulfill its obligations.

Article 20 – Complaints and complaints

Any shortcomings in the performance of the contract must be objected to by the Traveler without delay so that the Organizer or its local representative may promptly remedy them. The Traveler must also under penalty of forfeiture make a complaint by sending a registered letter with return receipt, to the Organizer and the Seller, no later than 10 working days from the date of return to the place of departure. In the event of problems arising during the stay, the Traveler is required to contact the Organizer directly or through the intermediary agency so that they can intervene for a prompt and fair solution. Should the Traveler interrupt his or her stay and believes to be entitled to a refund, a written statement issued by the facility, clearly stating the right to such a refund, is required. The utmost care has been taken by Viaggi Generali in the compilation of this catalog so that the descriptions correspond exactly to reality. However, since the compilation of the catalog is done well in advance of the actual provision of services, should any changes, with respect to the description made, have occurred in the meantime with regard to the collateral services, Viaggi Generali cannot be held responsible in any way. It should also be noted that the sports and recreational facilities of the tourist complexes, such as swimming pool, disco, market, entertainment, kids’ club, sports courses and the like, may also not be activated, if the weather conditions or low number of guests do not justify their operation, nor can a refund be claimed for such lack of activation.

Article 21 – Insurance Guarantee

If not expressly included in the price, prior to departure it is possible and indeed advisable to take out at the Organizer’s Offices or the intermediary agency special insurance policies against expenses arising from cancellation of the package, accidents and luggage. It will also be possible to take out an assistance contract covering repatriation expenses in case of accidents and illness.

Article 22 – Guarantee Fund

Organized tourism contracts are assisted by suitable guarantees provided by the Organizer and/or the intermediary Travel Agent which, for trips abroad and trips that take place within a single country guarantee, in cases of insolvency or bankruptcy of the intermediary or the organizer, the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist. Viaggi Generali is a member of the Fondo Vacanze Felici guarantee fund registration no. 2331

Art 23 – Jurisdiction

For any dispute dependent on this contract, the Court where the Tour Operator is based shall have exclusive jurisdiction.

Art 24 – Liability Policy

The Organizer has taken mandatory insurance policy No.1/52304/319/174578995 from Unipolsai for civil and professional liability.

Art 25 – Privacy

Pursuant to the current legislation on the protection of personal data, EU Regulation 2016/679 and by Legislative Decree 101/2018, the processing of personal data is carried out with fairness and transparency, for lawful purposes and protecting the confidentiality and your rights.

ADDENDUM

GENERAL TERMS AND CONDITIONS OF THE CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES

Regulatory Provisions – Contracts having as their object the offer of only the service of transportation, stay, or any other separate tourist service, not being able to be configured as a negotiated case of travel organization or tourist package, are governed by the following provisions of the CCV: Art. 1, No. 3 and No. 6; Articles 17 to 23, Articles 24 to 31, as far as the provisions other than those relating to the contract of organization are concerned.

COMPULSORY COMMUNICATION IN ACCORDANCE WITH ART. 16 OF L.269/98

Italian law punishes with imprisonment crimes related to prostitution and child pornography, even if the same are committed abroad.

 

Article 26 – Data Processing.

1. The buyer’s data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section containing the information pursuant to Article 13 EU Regulation 2016/679 (Privacy Policy).

Article 27 – Safeguard Clause.

1. In the event that any of the clauses of these General Terms and Conditions of Sale should be void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions appearing in these General Terms and Conditions of Sale.

 

Art. 28 – Contacts

1. Any inquiries may be sent by e-mail to info@appenniniforall.com, by telephone to +393493142544, and by mail to:

Apennines for all

41 St. Sebastian Street,

Cese di Avezzano (Aq)

67051 – Italy

 

Art. 29 – Applicable law and place of jurisdiction

1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser’s country of habitual residence. Accordingly, the interpretation, performance and termination of the General Conditions of Sale shall be subject exclusively to Italian law.
2. Any disputes inherent and/or consequent thereto shall be resolved exclusively by the Italian judicial authority. In particular, if the purchaser has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law.

 

These conditions were drafted on 04/11/20