General terms and conditions of sale of tourist packages or individual services

1. Legislative sources

The sale of tourist packages, with the object of providing services both nationally and abroad, is governed by the “Tourism Code” (Legislative Decree 23.5.2011 no. 79 – Annex I, Articles 32 – 51) and, if and when applicable, by Law 27/12/1977 no. 1084 (Ratification and implementation of the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970).

2. Administrative arrangements

The organiser and the intermediary of the travel packages must be authorised to perform their tasks in accordance with the applicable administrative regulations, including regional ones. According to art. 18, paragraph VI of the Italian Tourism Code, the use in a company name of the words “travel agency”, “tourism agency”, “tour operator” or of other words and phrases of a similar nature, in a foreign language too, is allowed only to the licensed companies referred to in paragraph 1.

3. Definitions

For the purposes of this contract the following terms shall have the meaning ascribed below:

• a) travel organiser: the party which undertakes, in its own name and against payment of an all-inclusive price, to provide travel packages to third parties, creating the combination of the elements referred to in art. 4 below or offering the customer, also through a distance communication system, the possibility of assembling and purchasing that combination autonomously;
• b) intermediary: the party which, even non-professionally and on a non-profit basis, sells or undertakes to provide travel packages created in accordance with art. 4 below and charging a flat fee;
• c) customer: the buyer, the assignee of a travel package or any other person to be nominated who satisfies all the conditions required to use the service, and on whose behalf the principal contracting party undertakes to buy a travel package without any benefit.

4. Definition of travel package

The definition of travel package is the following: “travel packages include trips, holidays and all-inclusive packages and tourist cruises, resulting from the combination, by anyone and in any way realised, of at least two of the following elements, sold or offered for sale at a flat rate price:

a.) transportation, b.) accommodation, c.) additional tourism services not included in the transportation or accommodation costs,

pursuant to art. 36, which constitute a significant part of the “travel package” so as to guarantee the satisfaction of the customer's recreational needs (art. 34 of the Italian Tourism Code).

The Guest has the right to receive a copy of the travel package sales contract (pursuant to art. 35 of the Italian Tourism Code). The contract gives the right of access to the National Compensation Fund referred to in art. 21 below.

5. Information for the customer – technical sheet

The organiser shall make available to the customer a technical sheet included in the catalogue, also in electronic form or by electronic transmission. The required elements are:

• the details of the administrative authorisation or, where applicable, of the organiser's D.I.A. or S.C.I.A.;
• the details of the civil liability insurance policy;
• the validity period of the catalogue or of the programme not included in the catalogue;
• the terms and conditions for the replacement of the Guest (art. 39 of the Italian Tourism Code);
• the parameters and criteria for the adjustment of the travel price (art. 40 of the Italian Tourism Code).

5 bis. Additional conditions and air carrier

The organiser shall also include in the technical sheet any additional conditions, as well as the identity of the air carrier in the case of air transport, in accordance with European Union regulations (art. 36 of the Italian Tourism Code).

6. Reservations

The reservation proposal must be drawn up on the specific contract forms; where the forms are submitted electronically, they must be completed in every part and signed by the customer, who will receive a copy. The reservation agreement is valid, with the consequent conclusion of the contract, only at the moment when the organiser sends the relevant confirmation to the customer, which may also occur by e-mail, through the intermediary travel agency.

Before departure, the organiser will provide the information relating to the travel package that is not contained in the contract documents, in the brochures or in other means of written communication, as provided for by art. 37, paragraph 2 of the Italian Tourism Code.

Pursuant to art. 32, paragraph 2 of the Italian Tourism Code, in the case of contracts concluded at a distance or off premises (as defined by artt. 50 and 45 of Legislative Decree 206/2005), the organiser reserves the right to communicate in writing that the right of withdrawal provided for by artt. 64 et seq. of Legislative Decree 206/2005 does not apply.

7. Payments

The amount of the deposit of 30% of the price of the package, to be paid at the time of booking or when the firm request is sent, and the date by which the customer must pay the full balance before departure are indicated in the brochure, in the catalogue or in other written material. Failure to pay the above-mentioned amounts by the dates established constitutes an express termination clause that may determine, on the part of the intermediary agency and/or of the organiser, the legal termination of the contract.

8. Prices

The price of the tourist package is determined in the contract on the basis of the information given on the website www.apuliabiketours.com, in the catalogue (printed or online), or in the programme not included in the catalogue, and of any updates of those catalogues or programmes not included in the catalogue.

The price may be subject to change up to 20 days before the date of departure and only as a consequence of a variation in: the cost of transport, including fuel costs; the duties and taxes on certain types of tourist services, namely landing, disembarkation or embarkation taxes for passengers in ports or airports; the exchange rates applied to the package in question. For such adjustments, reference will be made both to the exchange rates and to the above-mentioned costs in force at the time of publication of the programme, as referred to in the technical sheet on the website www.apuliabiketours.com and in the catalogue, as well as to the date of any updates thereof. Any fluctuations will vary the flat rate of the organised travel package in the percentage expressly indicated in the technical sheet of the website, in the catalogue or in the programme not included in the catalogue.

9. Modification or cancellation of the tourist package before departure

Before departure, the organiser or seller who needs to modify significantly one or more elements of the contract must immediately give written notice to the customer, indicating the kind of modification and the resulting price variation. If the customer does not accept the modification proposed under paragraph 1, he may alternatively exercise the right to regain the sum already paid or to enjoy the offer of a substitute package under the 2nd and 3rd paragraphs of article 10.

The customer may exercise the above-mentioned rights even when the cancellation is due to failure to reach the minimum number of participants indicated on the website www.apuliabiketours.com or in the Catalogue or in the Programme not included in the Catalogue, or to force majeure or fortuitous events relating to the purchased tourist package.

For further cancellations caused by force majeure, fortuitous events or failure to reach the minimum number of participants, as well as for those not due to the customer's failure to accept the alternative tourist package offered, the organiser who cancels (art. 33, letter e, Consumer Code) must reimburse the customer double the amount paid by the customer and collected by the organiser through the travel agent. The reimbursed amount may never be greater than double what the customer would owe as of the same date, under paragraph 4 of article 10, in the case where the customer requests the cancellation.

10. Withdrawal by the customer

The customer may withdraw from the contract without paying penalties in the following cases: an increase in the price referred to in art. 8 exceeding 10%; a significant modification of one or more elements of the contract objectively definable as essential for the enjoyment of the tourist package as a whole, proposed by the organiser after the conclusion of the contract and before departure and not accepted by the customer.

In the cases mentioned above, the customer has the right either: to make use of an alternative tourist package, at no extra cost or with the return of the surplus price if the second package has a lower value than the first; or to a refund of the part of the amount already paid. This refund will be made within seven working days from receipt of the request for reimbursement.

The customer must communicate his decision (to accept the modification or to withdraw from the contract) within and no later than two working days from the time of receiving the notice of increase or modification. In the absence of express notice within that period, the proposal made by the organiser will be considered accepted.

The customer who withdraws from the contract before departure outside the cases listed in the first paragraph will pay – regardless of the payment of the deposit mentioned in article 7 paragraph 1 – the individual cost for the management of the file, the penalty indicated in the specifications of the Catalogue or of the Programme not included in the catalogue or of the customised trip, any amount of insurance cover already requested at the conclusion of the contract or for other services already provided.

11. Modifications after departure

After departure, should the organiser find that it is unable to provide, for any reason excluding a personal problem of the customer, an essential part of the services provided for in the contract, it must provide alternative solutions at no additional cost to the contracting party and, if the services provided are of a lower value than those contracted, it must reimburse the difference.

If no other alternative solutions are possible, or if the solution proposed by the organiser is refused by the customer for proven and just cause, the organiser shall provide, at no additional charge, transport equivalent to that originally envisaged for the return to the place of departure or to a different place agreed upon, compatibly with the availability of the means of transport and of the seats available, and shall reimburse the difference between the cost of the contracted services and that of the services performed up to the moment of the customer's early return.

12. Substitutions

The withdrawing customer may be substituted by another person provided that:

• a) the organiser is informed in writing at least 4 working days before the set date of departure, being informed at the same time of the reasons for the substitution and of the particulars of the substitute;
• b) the substitute satisfies all the conditions for the use of the service (ex article 89 of the Consumer Code) and in particular the requirements relating to passport, visas and health certificates;
• c) the same services or other alternative services can be provided after the substitution;
• d) the person taking over reimburses the organiser for all the additional expenses incurred to proceed with the substitution, in the amount quantified prior to the transfer.

12 bis. Joint and several liability in the event of substitution

The transferring party and the transferee are jointly and severally liable for the payment of the balance of the price as well as of the amounts indicated in letter d) of this article. Any further procedures and conditions for the substitution are indicated in the technical sheet.

13. Obligations of participants

During the negotiations and before the contract is concluded, Italian citizens will be supplied in writing with all general information – updated to the date of printing of the catalogue – about the obligations concerning health and the documents necessary for travelling abroad. Foreign citizens will find the relevant information through their diplomatic representations in Italy and/or official government information channels.

In any case, consumers shall, before departure, check the update with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Operations Centre at the number +39 06.491115) and shall comply with those indications before departure. In the absence of such verification, no responsibility for the failed departure of one or more customers may be attributed to the seller or the organiser. Customers must inform the seller and the organiser of their citizenship and, at the time of departure, must make sure that they hold the vaccination certificates, the individual passport and any other document valid for all the countries to be visited, as well as stay visas, transit visas and health certificates, if required.

Furthermore, in order to assess the health and safety conditions of the countries of destination and therefore the objective usability of the services purchased or to be purchased, the customer will retrieve (by using the information sources indicated in paragraph 2) the general official information from the Ministry of Foreign Affairs, which explicitly states whether or not the destinations are subject to an official warning. Customers should also follow the rules of normal prudence and care and the specific rules in force in the countries of destination of the travel, all the information provided by the organiser, as well as the regulations and the administrative or legislative provisions relating to the package. Customers will be liable for any damage caused to the organiser and/or the seller, also due to non-compliance with the obligations set out above.

The customer is required to provide the organiser with all the documents, information and facts in his possession that are relevant to the exercise of the organiser's right of subrogation against the third party responsible for the damage, and is also liable towards the organiser for any prejudice caused to that right of subrogation. The customer will also communicate in writing to the organiser, at the time of booking, any personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to meet them. The customer is in any case obliged to inform the Seller or the Organiser of any needs or particular conditions (pregnancy, food allergies, disabilities, etc.) and to explicitly specify the request for the relevant personalised services.

14. Classification of accommodation

The official classification of the hotel structures is provided on the website www.apuliabiketours.com, in the catalogue or in other informative material only on the basis of the specific and formal indications of the competent authorities of the country where the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the Countries, including EU members, to which the service refers, the Organiser reserves the right to provide, in the online catalogue or in the brochure, its own description of the accommodation facility, such as to allow an evaluation and the consequent acceptance of the same by the customer.

15. Liability regime

The organiser is liable for the damages caused to the customer due to the total or partial non-fulfilment of the contractual services due, whether provided personally by the organiser or by third-party service providers, unless it can prove that the event was caused by the customer (including initiatives taken independently by the customer in the course of the tourist services) or by circumstances extraneous to the services provided for in the contract, by a fortuitous event, by force majeure or by circumstances that the organiser could not, in accordance with professional diligence, reasonably foresee or resolve.

The seller with whom the booking of the tourist package was made is not liable in any case for the obligations arising from the organisation of the trip, but is exclusively liable for the obligations arising from its role as intermediary and, in any case, within the limits provided for by the aforementioned laws or conventions for that liability.

16. Compensation limits

Compensation for damages under artt. 44, 45 and 47 of the Italian Tourism Code, and the relevant prescription terms, are regulated as provided herein and in any case within the limits set by the C.C.V., by the international conventions governing the services that are the object of the travel package, as well as by artt. 1783 and 1784 of the Italian Civil Code.

17. Obligations to provide assistance

The organiser must provide the customer with the assistance required by the criteria of professional diligence, exclusively with reference to the obligations for which it is responsible under the law or by contract.

The organiser and the seller are exempt from their respective liabilities (articles 15 and 16 of these General Conditions) when the failed or inexact execution of the contract is attributable to the customer or depends on an unforeseeable or unavoidable external event, or in the case of fortuitous events or force majeure.

18. Complaints and claims

Any fault in carrying out the terms of the contract must be notified without delay by the customer, so that the organiser, its local representative or the tour leader can resolve the issue promptly. Otherwise, the damages will be reduced or excluded pursuant to art. 1227 of the Italian Civil Code.

In order to lodge a valid complaint, the customer must send a written complaint by registered mail with return receipt to the organiser or to the intermediary within and no later than ten working days from the date of return to the place of departure.

19. Insurance against cancellation and repatriation costs

If not expressly included in the price, it is possible, and advisable, to take out at the time of booking, at the offices of the organiser or of the seller, special insurance policies covering the costs due to the cancellation of the package, accidents and luggage. It is also possible to take out an assistance contract covering the expenses of repatriation in the event of accident or illness.

20. Alternative dispute resolution

With reference to article 67 of the Italian Tourism Code, Bike & Hike Srl may offer the tourist – in its catalogue, on its own website or by other means – alternative ways of settling disputes. In doing so, the Organiser will indicate the type of alternative settlement offered and the effects of that proposal.

21. National Compensation Fund (art. 51 of the Italian Tourism Code)

The National Compensation Fund, established to safeguard Guests holding travel contracts, provides, in the event of insolvency or of bankruptcy declared by the intermediary or by the organiser, for the following requirements: a) refund of the price paid; b) repatriation in the case of journeys abroad.

Furthermore, the Fund must promptly provide Guests with financial resources in the event of a forced return from countries not belonging to the European Community, due to emergencies which may or may not be ascribable to the behaviour of the organiser.

The conditions for the intervention of the Fund are set out in Prime Ministerial Decree no. 349 of 23/07/99, and applications for reimbursement to the Fund are not subject to any limitation period. The organiser and the intermediary contribute to the Fund to the extent established by paragraph 2 of art. 51 of the Tourism Code, through the payment of the mandatory insurance premium, a portion of which is paid to the Fund in the manner provided for by art. 6 of Ministerial Decree 349/99.

Addendum A) Legal provisions applicable to individual tourist services

Contracts having as their object the offer of the service of transport and accommodation only, or of any other separate tourist service, and which cannot be considered as a negotiation of the organisation of travel, that is of a travel package, are governed by the following provisions of the CCV (International Convention on Travel Contracts): art. 1, no. 3 and no. 6; artt. 17 to 23; artt. 24 to 31 (limited to the parts of those provisions that do not refer to the contract of organisation), as well as by other agreements specifically referring to the sale of the individual object of the contract.

The seller who undertakes to provide to third parties, also by electronic means, a separately combined tourist service shall provide the Guest with the documents relating to that service showing the sum paid for it, and may in no way be considered a travel organiser.

Addendum B) Contract conditions

The following clauses of the above-mentioned general conditions of the contract for the sale of organised travel packages also apply to the Addendum: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of these clauses does not make the relevant contracts part of an organised travel package. The terminology of the above-mentioned clauses relating to the organised travel package contract (organiser, trip, etc.) shall be understood with reference to the corresponding figures of the contract for the sale of individual tourist services (seller, stay, etc.).

Personal data protection

The processing of personal data, the provision of which is necessary to conclude and execute the contract, is carried out in accordance with Legislative Decree 196/2003, in both digital and paper format. Data will be transmitted only to the suppliers of the services included in the travel package. The customer may exercise the rights under art. 7 of Legislative Decree 196/03 by contacting Bike & Hike S.r.l. by e-mail at booking@bikeandhikeitalia.com, by post at Via Mons. Annibale De Leo, 19 – 72019 San Vito dei Normanni (BR), or by telephone at +39 0831 172 1226.

Optional excursions

Optional excursions and services booked by the customer and provided by local operators or other third parties are entirely independent of Bike & Hike S.r.l. and do not form any part of the product or services sold to you by Bike & Hike S.r.l. or of these Terms and Conditions. Your contract for such services will be with the organiser or operator of that service and will be subject to its own terms and conditions, which may contain exclusions or limitations of liability. Bike & Hike S.r.l. has no liability for any such optional excursion, nor for any act or omission of the organiser or operator, of any of its employees or agents, or of any other person connected with the optional excursion.

Compulsory reporting

In accordance with article 16 of law no. 269 of 3/10/98, Italian law punishes with imprisonment the offences concerning child prostitution and child pornography, even when they have been committed abroad.

Mandatory information pursuant to Law 2027/1997

Community air carriers and those belonging to States adhering to the Montreal Convention of 1999 are subject to the following liabilities:

• There are no financial limits to the air carrier's liability for the death, wounds or personal injuries of a passenger.
• For damages greater than 100,000 SDR (equal to about 120,000 euros), the air carrier may contest a claim for compensation only if it is able to prove that the damage cannot be imputed to it.
• It is possible to make a special declaration of a higher value of the baggage or to take out a specific insurance policy with payment of the related supplement at the moment of check-in.
• Carriers belonging to countries not adhering to the Montreal Convention may apply liability rules other than the ones mentioned above.
• A summary of the main provisions governing the liability of the carriers collaborating with Bike & Hike Srl is in any case available on request at our offices.
• The liability of the tour operator towards the passenger remains, in any case, governed by the Consumer Code and by the General Terms and Conditions published in this online catalogue.

Information pursuant to Law 2111/2005

The name of the carrier that will operate your flight or flights is specified in the document confirming the booking; any variations will be communicated to you promptly, in compliance with Regulation 2111/2005.

Technical sheet

This Programme is realised in conformity with the provisions contained in Law no. 8 of the Apulia Region of 16/06/1996 “Testo unico delle leggi regionali in materia di turismo”.

Technical organisation: BIKE & HIKE SRL – registered office San Vito dei Normanni, Via Mons. Annibale De Leo no. 19 – 72019 – regional licence no. 873 of 06.11.2006.

BIKE & HIKE SRL has taken out, pursuant to article 99 of the Consumer Code (Legislative Decree no. 206/2005), insurance policy no. 1/72076/319/189831229 for professional indemnity with Unipol Assicurazioni, up to a maximum amount of 2,066,000.00 €.

Cancellation penalties (article 10 of the General Conditions)

The reference is to working days, excluding Saturdays, public holidays, the day of departure and the day on which the cancellation is communicated.

These conditions do not apply to the services for which a different regime of penalties is communicated during the quotation or confirmation phase. Those services concern particular plane tickets (special fares, instant purchase, low cost, etc.), services for particular events or periods of time, fairs, luxury resorts, etc.

For groups already formed, the cancellation penalties will be defined during the quotation phase and/or at the moment of the confirmation of the trip.

No refund is provided if travellers decide to interrupt their holiday or their stay once it has already started.

• up to 30 days before departure – 10% of the price
• from 29 to 20 days before departure – 30% of the price
• from 19 to 10 days before departure – 50% of the price
• from 9 to 3 days before departure – 80% of the price
• after that date – 100% of the price; after departure – 100% of the price

Additional condition – substitution procedure (art. 12 of the General Conditions)

In addition to the requirements of article 12 of the general conditions, it is noted that, in relation to some kinds of services, it may occur that a third-party service supplier does not accept the change of name, even if it is made within the time limit set out in point a) of that article. The organiser is therefore not responsible for the possible non-acceptance by third-party service suppliers. Such non-acceptance will be promptly communicated by the organiser to the parties concerned before departure. In the case of promotions or offers with special fares (for example an early booking discount), the change of name does not imply the transfer of the possible promotions and offers to the new customer.

Variation after confirmation

Variations and modifications of the contract requested by the customer after the confirmation of the services entail an extra charge of 15 euros as expenses for the reopening of the file, plus 10 euros for each modified service. The modification expenses will be applied only if there is a variation in the development of the travel plan.

Authentic version

This English version is provided for your convenience: in the event of any divergence of interpretation, the Italian version of the general terms and conditions of sale prevails.