FOREWORD.
The agreements between the tour package provider and the consumer shall be formalized in a document (contract) made available to the consumer.
2. LEGISLATIVE SOURCES
The supply of a tourist package, whether it concerns services to be provided in national or foreign territory, is governed by Italian Law 27/12/1977 No. 1084 as execution of the International Convention relating to the travel contract (CCV) signed at Brussels on 23.4.1970 .
3. MANDATORY INFORMATION
At the time of booking, the organizer will send a technical sheet including all the information required, including any special term and conditions if applicable.
4. BOOKINGS
The booking request must be drawn up on a specific contract form, also online, completed in all its parts and signed by the customer, who will receive a copy. The booking is considered confirmed when the organizer will send the relative communication to the customer, also by email or online.
5. PAYMENTS
Unless otherwise stated in the package information sheet, the price of the service must be paid in the amount of 30% as a deposit at the time of booking, plus agency fees, and the balance upon confirmation by the organizer and in any case within 30 days from departure date. Failure to pay the above on the established dates constitutes a clause of possible termination of contract by law, without recourse by the consumer.
6. PRICE
The prices quoted on the website and / or on catalogs and / or on subsequent price lists or updates are to be considered indicative, since in close relation to the conditions present at the time of publication. The price is confirmed at the time of booking and payment of the deposit. The price may be changed up to 20 days prior to departure as a result of changes in: – transport methods and costs, including the cost of fuel; – cost of on-site services; – fees and taxes on some types of tourist services such as (by way of example and not limited to) taxes, landing or boarding taxes in ports and airports; – exchange rates of currencies; – entrance fees to restricted areas; – peak royakties.
7. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Before departure, the organizer who needs to significantly modify one or more elements of the contract, will immediately notify the consumer, indicating the type of modification and the change in the price. If he does not accept the proposed modification, the consumer can alternatively exercise the right to be refunded of the amount paid, excluding agency fees, or to utilize a replacement tourist package, communicating his decision within 2 (two) days from receipt of the notice of change.
The organizer may cancel the contract within 10 days of departure, without compensation for the consumer, when the minimum number of participants foreseen in the program is not reached or due to delays or unavailability of the means of transport or due to force majeure.
8. WITHDRAWAL OF THE CONSUMER
The consumer can withdraw from the contract, without paying penalties, in the following cases: – increase in the price referred to in the previous art. 6 to an extent exceeding 10%; – significant modification of one or more elements of the contract (objectively fundamental for the use of the service) proposed by the organizer after the conclusion of the contract and before departure and not accepted by the consumer.
In the cases mentioned above, the consumer alternatively has the right: – to take advantage of an alternative tourist package, without price supplement or with the refund of the surplus price if the second tourist package has a lower value than the first; – the refund of only the part of the price already paid. The consumer will have to communicate his decision (to accept the modification or to withdraw) within 2 (two) working days from the moment he received the notice of increase or modification. In the absence of express communication within the aforementioned term, the proposal made by the organizer is considered accepted. To the consumer who withdraws from the contract before departure outside the cases listed above, a penalty will be charged in the amount of: 30% of the cost of the service for cancellation up to 21 days before departure, 50% of the cost of the service for cancellation up to from 20 to 11 days before departure, 100% of the cost of the service for cancellation beyond the above terms or during the trip, plus the individual cost of managing the case, without prejudice to different agreements possibly specified in the proposal or in the contract.
9. CHANGES AFTER DEPARTURE
The organizer, if after departure is unable to provide for any reason, except for a fact proper to the consumer, an essential part of the services covered by the contract, will have to provide alternative solutions, without price supplements to be paid by the consumer and, if the services provided are of a lower value than those envisaged, the consumer will be refunded in an amount equal to the difference. If no alternative solution is possible, or the solution prepared by the organizer is refused by the consumer for serious and justified reasons, the organizer will provide, at no extra charge, a means of transport equivalent to the original one provided for the return to the place of departure. o to the different place agreed upon, compatibly with the availability of the vehicle and places and will reimburse it to the extent of the difference between the cost of the services as per contract and that of the services provided up to the time of the early return. The participant who decides to stop the trip before the return date, does so at his own risk and nothing can be claimed from the organizer.
10. REPLACEMENTS
The cancelling customer can be replaced by another person on condition that: a. the organizer is informed in writing at least 15 working days before the date set for the departure, simultaneously receiving communication about the general details of the substitute; b. the substitute meets all the conditions for the use of the service and in particular the requirements relating to the passport, visas, health certificates; c. the substitute reimburses the organizer all additional costs incurred to proceed with the replacement to the extent that will be quantified before the assignment; d. the replacement is possible in relation to the timing of the completion of operating and administrative procedures and expatriation formalities, and without making delays or inconveniences to the group already established.
11. OBLIGATIONS OF THE PARTICIPANTS
Participants must have a passport or other document valid for their stay and / or transit in the countries concerned, as well as the visas and health certificates required. They must also comply with the rules of normal prudence and diligence, the specific rules in force in the destination countries, the information provided by the organizer, as well as the regulations and administrative or legislative provisions relating to the tourist package. Participants are liable for all damages that the organizer may suffer due to their failure to comply with the aforementioned obligations. The consumer is required to provide the organizer with all documents, information and elements in his possession useful for the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible towards the organizer of the injury caused by the right of subrogation. The consumer will also communicate in writing to the organizer, at the time of booking, the particular personal requests that may form the subject of specific travel arrangements and provisions, provided that their implementation is possible.
12. HOTEL CLASSIFICATION
The official classification of the hotel facilities is provided in the catalog or in other informative material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided.
13. LIABILITY
The organizer is liable for damages caused to the consumer for negligence in the total or partial fulfillment of the contractually due services, unless the event arose from the consumer (including initiatives autonomously undertaken by the latter during the execution of tourist services) or from circumstances unrelated to the supply of the services provided in the contract, or by fortuitous event, by force majeure, or by circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve. In case of services provided by external parties, the seller is solely responsible for the obligations arising from its quality of intermediary and in any case within the limits for this liability provided for by current regulations. The organizer is not responsible for accidents due to the imprudence of one or more participants in the trip. Carriers are liable to travelers only for the duration of the transportation with their vehicles, in accordance with what is foreseen by them in their own transport conditions, including IATA and Government regulations.
Documents for expatriation: the organizer is not responsible for any damage that may arise to the traveler due to the inability to start and / or continue the journey, caused by the lack or irregularity of the prescribed expatriation documents (such as example, passport, visa, health certificate, vaccination, etc.). In any case, the right to compensation for damages is prescribed within 12 months from the date of return from the trip.
14. LIMITS OF COMPENSATION
Compensation for personal injury cannot in any case exceed the limits set by the international conventions to which Italy and the European Union take part with reference to the services whose non-fulfillment has determined their liability. In any case, the compensation limit cannot exceed the amount of 50,000 Germinal gold francs for personal injury, 2,000 Germinal gold francs for property damage, 5,000 Germinal gold francs for any other damage .
15. OBLIGATION OF ASSISTANCE
The organizer is obliged to provide the consumer assistance measures imposed by the professional diligence criterion exclusively in reference to his obligations under the law or contract. The organizer and the seller are exonerated from their respective responsibilities (articles 13 and 14) when the failure or incorrect execution of the contract is attributable to the consumer or is dependent on the unpredictable fact of a third party, or a fortuitous event or force majeure.
16. COMPLAINTS
Any complaints from the consumer must be communicated by registered letter, with acknowledgment of receipt, to the organizer or the seller, no later than 10 (ten days) from the date of return to the place of departure, under penalty of forfeiture of all rights.
17. INSURANCES
If not expressly included in the price, it is advisable to subscribe, at the time of booking, an insurance policy against the costs deriving from the cancellation and / or modifications of the service; moreover suitable policies are recommended to cover: personal injury, third party liability, loss of baggage, rescue operations and medical care, early return due to injury or desease.
18. JURISDICTION
The Court of Milano, Italy is competent for any disputes
ADDENDUM 1 – GENERAL CONDITIONS FOR SEPARATE SERVICES
Contracts concerning the supply of only transport, accommodation, or any other separate tourist service service, are not configured as tourist package. In these cases the seller acting as intermediary is not liable for any damage caused to the participants by third party service providers used directly by the group even if booked by the agency. In cases where the agency books certain types of services, it acts exclusively as an agent of the group of participants, so that is not liable for any damages attributable exclusively to suppliers.
ADDENDUM 2 – SUPPLEMENTARY CONDITIONS
A) LOCAL SERVICES
In addition to art. 9 it should be noted that, in consideration of the particular characteristics of the travels proposed by the organizer, which inevitably entail a certain amount of unexpected events and adventure, changes in the provision of on-site services will be possible in relation to the availability of the transport carriers and / or structures and / or local environmental conditions and / or safety requirements. The services purchased by the consumer on site and not included in the organizer’s program are extraneous to the contract. Therefore no liability is taken by the organizer either as a tour operator or as an intermediary agent.
B) EXPLORER TRIPS
B.1 – FEATURES
In the trips branded as ” Explorer”, the organizer may limit himself to providing exclusively the air transport service, the promotional tools for the aggregation of the participants, the group leader and the use of adequate travel documentation, leaving autonomous choice and use on the spot of all other services needed to carry out the trip (including food, accommodation and transport by local means). In the Explorer Trips, the organizer acts as an intermediary and not as a supplier of tourist packages, therefore the conditions set out in Add. 2 are applied.
B.2 – TRAVEL PROGRAMME
The Explorer Trip participant acknowledges that the documentation and information delivered to the group before departure does not represent a travel program or itinerary, but a suggestion resulting from a research project, which can be modified on the basis of new contributions from participants who face the travel experience in a proactive way. The documentation and information delivered to the group before departure are in no way binding for the group, which can directly contract the services it will use with local carriers and operators, being understood that the organizer cannot in any way be responsible for any disservices, shortcomings and any other damage or inconvenience that may occur in relation to the services chosen independently by the participants on site.
B.3 – SPECIAL OBLIGATIONS OF THE PARTICIPANTS
Considering that these trips may concern territories of the world equipped with poorly developed reception structures or, in certain areas, almost completely lacking, participants are required to carefully check on site the existence of the minimum conditions of safety and practicability of each service chosen, even in the case of local operators and / or locations suggested by previous travel reports.
B.4 – CHANGES
In consideration of the characteristics of the Explorer Trips, the departure and return dates indicated in the travel program may vary with the possible modification of the total travel time. In this case, the participant can withdraw from the contract by notifying the organizer by registered mail or fax within 2 days of receiving the notice of modification of the program.
B.5 – GROUP LEADER
In Explorer Trips, a group leader may be provided by the organizer or a participant is chosen by the organizer with the role of group leader, having the task of coordinating the collective management of the trip and, in particular, managing the common funds necessary for the payment of services on site.
B.6 – SERVICES
Please note that for Explorer Trips the transport, accommodation and meals services and other services provided directly or indirectly by the organizer may be of budget type.
C) CAR RENTAL
In programs that foresee rental of cars driven in turn by the participants, any responsibility deriving from driving the vehicles is to the charge of the participants.
D) REQUIREMENTS FOR PARTICIPANTS
The organizer’s proposals may involve uncomfortable situations, in isolated regions, or in stressful conditions for objective or subjective warning of danger, or demand a high physical fitness or technical skills. Therefore the organizer may establish particular selection and acceptance criteria for the participants, at its sole discretion.
E) LIMITATIONS OF LIABILITY
In addition to art. 13 of the General Conditions and in relation to what is expressed in art. D) of the Add.2, it is understood that the participants join a trip by their own free choice, in full awareness of the possible difficulties and / or risks, and they assume full responsibility by relieving the organizer of any responsibility, without prejudice to the organizer’s obligation to propose and manage the initiatives with the utmost professional care and taking into account the safety of the participants to the maximum extent reasonably possible.
F) SAFETY
Participants undertake to obtain prior information for the purpose of assessing risks, protections and precautions envisaged in the trip and subsequently decide by own choice to join the trip. Participants also acknowledge that dangerous situations can rapidly vary and spread, and that despite the utmost care exercised by the various official sources of information, these cannot guarantee the absolute correctness of the notices available to the public and that such information cannot and will not replace the individual decision to make the journey or not. Therefore the organizer is not liable for any damages and prejudices that may arise during the trip due to the safety situation in the area visited.
G) FLIGHTS
For flights, if included in the tour package supplied by the organizer, only the conditions established by the carrier apply, which are related to the fare class of the tickets as issued. In the event of any refund granted by the carrier, for cancellation or renunciation or other cause, the amounts will be refunded to the traveler net of agency fees and expenses, and any sums still due for the payment of the services. The organizer or intermediary will not be responsible for any disservices or defaults of the carrier, and cannot in any way intervene in a possible dispute between the traveler and the carrier. In cases where flights are the only service provided by the organizer or intermediary, the provisions of Addendum 1 also apply.
Club Lynx Trails Outdoor Sport Adventure
GENERAL TERMS AND CONDITIONS
1.FOREWORD
a) the Lynx Trails Outdoor Sport Adventure Club (hereinafter referred to as the “Club”) offers its members the opportunity to participate in trips, according to the proposals announced by the Club or upon request of one or more members;
b) for the organization and management on site of a trip, the Club utilized the services of selected suppliers in Italy and abroad;
c) by default the general and special conditions established by the service providers will apply, unless otherwise specified in the trip proposal or in the pre-departure dossier.
2. TRAVEL INFORMATION
The Club will send, within 30 days of departure, a technical sheet including all the information useful for the trip (pre-departure dossier), including the special conditions mentioned in art. 1c).
3. BOOKINGS
The application for joining a travel program must be drawn up on a specific form, completed in all its parts and signed by the participant. The acceptance of reservations is considered completed when the Club sends the relative confirmation, also by email or online.
4. PAYMENTS
Unless otherwise stated in the travel proposal, payments must be effected in the amount of 30% of the ground services part plus 100% of the flights (if purchased through the Club), as a deposit on booking, and the balance within 30 days before departure.
5. PARTICIPATION FEE
The trip participation fee will be confirmed at the time of booking. This fee may be changed up to 15 days prior to departure as a consequence of any variation of: a) the methods and costs of transport; b) costs of local services; c) fees and taxes on some types of tourist services such as (by way of example and without limitation) taxes, landing or boarding fees in ports and airports, entry fees to controlled areas, royalties applied for the ascent to mountains; d) currency exchange rates; and any other costs beyond our reasonable control.
6. MODIFICATION OR CANCELLATION BEFORE DEPARTURE
If before departure the Club needs to significantly modify one or more elements of the travel program, it will immediately notify the participant, indicating the type of modification and any change in the fee. If the participant does not accept the proposed modification, he can alternatively exercise the right to be refunded of the amount already paid, excluding agency fees if any, or to choose a replacement trip, communicating his decision within 2 (two) days of receipt of the change notice. The Club may cancel the trip within 10 days of departure, without obligation of any compensation, when the minimum number of participants foreseen in the program is not reached, or because of delays or unavailability of local services or force majeure.
7. WITHDRAWAL OF THE PARTICIPANT
The participant can cancel the reservation, without paying penalties, in the following cases: a) increase in the fee referred to in the previous art. 5 in excess of 10%; b) significant modification of one or more elements of the travel program (objectively fundamental for the use of the services). In the above cases, the member alternatively has the right: a) to choose an alternative tourist package, without supplement of the fee; -b) the refund of only the part of the amount already paid, net of any agency fees. The traveler must communicate his decision (to accept the change or to withdraw) within 2 (two) working days from the moment he received the notice of variation. In the absence of express communication within the aforementioned term, the proposal formulated by the Club is considered accepted. The member who renounced the trip before departure outside of the hypotheses listed above, will be charged the penalties imposed by the service providers, and in any case with a minimum penalty of: 30% of the fee for cancellation up to 31 days before departure , and 100% of the cost of the service for waiver beyond the above terms or during the trip, unless otherwise specified in the travel proposal or in the pre-departure dossier.
Any portion of the fee paid for flights in economic fare will not be refundable, unless otherwise specified by the air carrier.
8. CHANGES AFTER DEPARTURE
If after departure will be impossible to provide an essential part of the services included in the travel program, or these will have to be significantly changed, we will endeavor to prepare alternative solutions. These will cause no additional costs for the participant, except in all cases due to a fact proper to the participant, or a situation beyond our reasonable control, or force majeure.
Any variation of the program requested by a participant, if accepted by the Club or its representative on site, may entail extra costs for the participant.
The participant who decides to interrupt the trip before the agreed return date, does so at his own risk and nothing can be claimed from the Club or from the service providers.
9. REPLACEMENTS
The renouncing participant can be replaced by another person on condition that: a) the substitute is a member of the Club; b) the Club is informed in writing at least 15 working days before the scheduled departure date; c) the substitute meets all the conditions for joining the trip and in particular the requirements relating to: passport and visas, special permits; d) the substitute refunds the organizer all the additional costs incurred to proceed with the replacement to the extent that will be quantified; e) the replacement is possible in relation to the time required to complete all administrative procedures, expatriation formalities and other formalities, and this without causing delays or inconveniences to the group already established.
10. OBLIGATIONS OF THE PARTICIPANTS
Participants must have a passport or other document valid for their stay and / or transit in the countries concerned, as well as the visas and health certificates as required. They will also have to comply with the rules of normal prudence and diligence and with the specific ones in force in the travel destination countries; they will have to follow the recommendations of the organizer, as well as the regulations and administrative or legislative provisions relating to the trip. Participants will be liable for any damage that the Club or local organizations should suffer due to their failure to comply with the aforementioned obligations.
11. HOTEL CLASSIFICATION
The classification of hotel facilities is provided on the basis of the parameters in force in the country in which the service is provided.
12. LIABILITY
In no case the Club is liable for damages caused to participants in the event of negligence of the and service providers in case of total or partial fulfillment of the services. In these cases, the participant shall submit a complaint directly to the service provider.
Furthermore, the Club is not liable for any damage caused to participants by service providers used directly by the group on site, even if booked through the Club.
The Club is not liable for accidents due to the imprudence or negligence of one or more participants in the trip. Carriers are liable to travelers only for the duration of the transportation with their vehicles, in accordance with what is foreseen by them in their own transport conditions. The Club is not responsible for any damage that may arise to the participant due to the inability to start and / or continue the journey, caused by the lack or irregularity of the prescribed personal documents (such as, for example, passport, consular visa, health certificate, vaccination, etc.).
13. COMPLAINTS
Any complaints from the participant to the Club must be communicated by registered letter, with acknowledgment of receipt, no later than 10 (ten days) from the date of return to the place of departure, under penalty of forfeiture of all rights.
14. INSURANCES
If not expressly included in the fee, it is advisable to subscribe, at the time of booking, an adequate insurance policy to cover at least the costs deriving from the cancellation and / or changes to the trip, and the costs of rescue and medical care in the event of accidents and / or illness.
16. JURISDICTION
The Court of Milano, Italy is competent for any disputes.
ADDENDUM 2 – SUPPLEMENTARY CONDITIONS
A) LOCAL SERVICES
In addition to art. 8 it should be noted that, in consideration of the particular characteristics of the travels proposed by the Club, which inevitably entail a certain amount of unexpected events and adventure, changes in the provision of on-site services will be possible in relation to the availability of the transport carriers and / or local facilities and / or environmental conditions and / or safety requirements. Any services purchased by the participant on site and not included in the Club programme are under the exclusive responsibility of the participant.
B) EXPLORATORY TRIPS
The participant acknowledges that, in programmes explicitly presented as ” Explorer Trips”, the information delivered to the group before departure result from a research project, which can be modified on the basis of new contributions by participants who face the travel experience in a proactive way. In these cases, the group may contract directly with the local suppliers some of the services, being understood that the Club shall not be liable for any shortcomings and any other damage or inconvenience that may occur in relation to the services chosen locally by the participants.
B1) SPECIAL OBLIGATIONS OF THE PARTICIPANTS
In Explorer Trips participants are required to carefully check on site the existence of the minimum conditions of safety and practicability of the services even when these are chosen according to previous travel reports.
B2) CHANGES IN DATES
In consideration of the characteristics of exploratory travel, which may involve the use of cheap air fares, the departure and return dates indicated in the travel program may vary with the possible modification of the overall duration of the trip. Neither the Club nor the support organizations nor the service providers will be responsible for any direct or indirect damage resulting from these changes.
C) RENTAL CAR
In programs that foresee rental of cars driven in turn by the participants, any responsibility deriving from driving the vehicles is to the charge of the participants.
D) REQUIREMENTS FOR PARTICIPANTS
The organizer’s proposals may involve uncomfortable situations, in isolated regions, or in stressful conditions for objective or subjective warning of danger, or demand a high physical fitness or technical skills. Therefore the organizer may establish particular selection and acceptance criteria for the participants, at its sole discretion.
E) ACCEPTANCE OF RISKS
In addition to art. 12 and in relation to what is expressed in art. D) of the Addendum, it is understood that the participants adhere to the Club’s initiatives by their own free choice, in full awareness of the possible difficulties and risks associated with the activities, and of this they make an act of acceptance by assuming full responsibility, without prejudice to the organizer’s obligation to take the utmost care of the safety of the participants to the maximum extent reasonably possible.
It should also be noted that the Club only offers an aggregation service for interested members and logistical support, utilizing a travel agency in Italy and / or local partners, but cannot offer any control over any risk in the activities on site. These are under the sole responsibility of the participants.
F) SAFETY
Participants undertake to obtain prior information for the purpose of assessing risks, protections and precautions envisaged in the trip and subsequently decide by own choice to join the trip. Participants also acknowledge that dangerous situations can rapidly vary and spread, and that despite the utmost care exercised by the various official sources of information, these cannot guarantee the absolute correctness of the notices available to the public and that such information cannot and will not replace the individual decision to make the journey or not. Therefore the organizer is not liable for any damages and prejudices that may arise during the trip due to the safety situation in the area visited.
G) FLIGHTS
For flights, if included in the tour package supplied by the organizer, only the conditions established by the carrier apply, which are related to the fare class of the tickets as issued. In the event of any refund granted by the carrier, for cancellation or renunciation or other cause, the amounts will be refunded to the traveler net of agency fees and expenses, and any sums still due for the payment of the services. The organizer or intermediary will not be responsible for any disservices or defaults of the carrier, and cannot in any way intervene in a possible dispute between the traveler and the carrier.
H) TRAVEL CANCELLATION POLICIES
With reference to art. 7, if the participant had contracted a policy to cover the costs in the event of withdrawal due to his/her impediment to travel, only the expenses incurred by the Club with the service providers (documented by these with a receipt or invoice) will be refunded, at the discretion of the insurance company.