GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
The general conditions described below, together with the information included in the email confirming the booking, govern the distance purchase through the website accessible at the URL www.gardalandholidays.it (hereinafter, the "Site") of tourist packages (hereinafter, "package" or "packages") and of Overnight Accommodation (referred to as "Room Only Rate") as described below.
The sale of tourist packages is governed by Articles 32-51 novies of Legislative Decree no. 79 of 23 May 2011 (hereinafter referred to as the "Tourism Code", hereinafter also “TC”), as currently amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302, as well as by the provisions of the Civil Code on transport, contracting of services and mandate, as applicable.
The sale of individual Overnights (marked on the Site as "Room Only Rate") purchased through the Site, constitute a remote contract governed by Legislative Decree no. 206 of 2005 ("Consumer Code") at Chapter I, Title III, as amended by Legislative Decree 21/2014 and Legislative Decree no. 70 of 2003.
Special Offers are also available on this website, applicable to tourist packages or overnight stays (Room Only Rate).
The following definitions shall apply to these general conditions (without distinction between the use of the singular or plural):
A) CUSTOMER: shall mean a person who books and purchases one or more Services offered on the Site under these general terms and conditions of sale;
B) REMOTE SALES CONTRACT: the contract having as its object tourist packages or overnight stays offered on the Site to the Customer or to the professional in a remote product sale scheme without the physical presence of Gardaland Holidays S.r.l. and the customer, and only through the use of remote communication tools until the conclusion of the contract itself.
C) GARDALAND HOLIDAYS SRL: is a company (hereinafter Gardaland Holidays S.r.l.) VAT No.: 02418240236 Via Derna 4 - 37014 Castelnuovo del Garda (VR), which manages the sale and booking of travel packages and stays on the Site;
D) TOURIST PACKAGE: (ART. 33, paragraph 1, no. 4, letter c) Tourism Code: shall mean the "combination of at least two different types of tourist services for the purposes of the same trip or holiday, if at least one of the following conditions occurs: 1) these services are combined by a single professional, including at the request of the traveller or based on his choice, before a single contract is concluded for all the services; 2) these services, even if concluded under separate agreements with individual tourist service providers, are: 2. 1) purchased at a single point of sale and selected before the traveller consents to payment; 2.2) offered, sold or invoiced at a flat rate or global price; 2.3) advertised or sold as a "package" or similar name; 2.4) combined after the conclusion of a contract by which the trader allows the traveller to choose between a range of different types of tourist services or purchased from separate traders through a linked electronic booking system where the name of the traveller; the payment details and the e-mail address are transmitted by the trader with whom the first contract is concluded to one or more other traders and the contract with the latter trader or traders is concluded no later than 24 hours after confirmation of the booking of the first tourist service.
E) SPECIAL OFFER: offers with significantly reduced rates compared to those usually applied for tourist packages or overnight stays (Room Only Rate) that can be purchased on the website and advertised in the relevant section and always marked with a % discount applied.
F) OVERNIGHT STAY: shall mean any night spent in a structure offering accommodation, i.e. the purchase by the customer of the room only without additional tourist services (marked on the Website with the words "Room Only Rate").
G) ORGANISER: the trader who combines packages and sells or offers them for sale directly or through or together with another trader;;
H) PARTIES: Gardaland Holidays S.r.l. and the Customer or Traveller;
I) SITE: this is the site www.gardalandholidays.it owned by Gardaland Holidays S.r.l. and managed by the same, the only site through which it is possible to conclude a remote contract with the company itself;
J) TRAVELLER: anyone who intends to conclude or enter into a contract or is authorised to travel on the basis of an organised tourism contract.
2. INFORMATION PROVIDED TO THE CUSTOMER
2.1 The identity, legal and operative headquarters and contact details of Gardaland Holidays S.r.l., i.e. of the company that technically manages the sale of tourist packages or overnight stays offered on the Site are the following:
GARDALAND HOLIDAYS SRL
Registered office: Via Derna, 4 - 37014 Castelnuovo del Garda (Verona)
Operative Headquarters: Via Peschiera 138 - 37017 Lazise (Verona)
Share Capital: euro 66,560.00 fully paid-up shares
TAX CODE: 02418240236Tel. (+39) 045 64 04 000
2.2 Prior to the conclusion of the tourist package contract or a similar offer, the organiser shall inform the traveller by means of a quotation or other means of information of the following (ART. 34 Tourism Code): a) the main characteristics of the tourist services; b) the trade name and physical address of the organiser and, if present, of the seller, their telephone numbers and e-mail addresses; c) the total price of the package including duties and all fees, taxes and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable prior to the conclusion of the contract, an indication of the type of additional costs that the traveller may still incur d) the payment method, including the amount or percentage of the price to be paid as a deposit, if any, and the schedule for payment of the balance, or the financial guarantees to be paid or provided by the traveller; e) the minimum number of persons required for the package and the time limit referred to in Article 41(5)(a) before the commencement of the package for the possible termination of the contract in the event of the minimum number of persons not being reached f) general information on passport and visa requirements, including approximate times for obtaining visas and the health formalities of the country of destination; g) information on the traveller's right to cancel the contract at any time before the beginning of the package upon payment of an appropriate cancellation fee, or, if applicable, the standard cancellation fee required by the organiser in accordance with article 41, paragraph 1, Tourism Code; h) information on the optional or compulsory subscription of an insurance policy covering the costs of unilateral cancellation of the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death; i) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 Tourism Code.
1. Technical organisation Gardaland Holidays S.r.l.
2. Provincial Authorisation Verona - Decree n. 6299/09 of 18/11/2009. Unlimited category A licence.
3. Civil liability insurance policy no. 1/85151/319/170139896 - Unipol Assicurazioni. For the medical insurance policy OR TOURIST ASSISTANCE the number 221217 INTER PARTNER ASSISTANCE SA must be added.
4. Guarantee for tourists INSOLVENCY AND FAILURE POLICY CONSORTIUM FOGAR Policy TUA ASSICURAZIONI SPA with head office in LARGO TAZIO NUVOLARI 1 20143 MILAN, CONTACT: customer service 800533533 - email: firstname.lastname@example.org
2.4 Customers are invited to visit the Site regularly and consult the most updated version of the General Terms and Conditions of Online Sales before making any purchase.
3. INFORMATION LEADING TO THE CONCLUSION OF THE CONTRACT
3.1 The Site advertises Special Offers on Gardaland Hotels periodically: these will be provided without any possibility of modification or cancellation. The conditions of the SPECIAL OFFER will be made known to the Customer before making the purchase and will prevail in any case over these general terms and conditions. Please therefore refer to all the detailed information shown during the booking process.
3.2 These conditions do not regulate the sale of products and/or services on the part of subjects other than Gardaland Holidays S.r.l., not even those that may be present on the Site through links, banners or other hypertextual connections. Gardaland Holidays S.r.l. shall not be responsible for the supply of services and/or for the sale of products by such entities. On the websites that may be consulted through such links, Gardaland Holidays S.r.l. does not carry out any control and/or monitoring, therefore it is not responsible for the contents of such websites nor for any possible errors and/or omissions and/or violations of the law by the same.
PRICE: Gardaland Holidays S.r.l. advertises a large number of Tourist Packages, Overnight stays and Special Offers and undertakes to ensure that the advertised price is the correct one. The descriptions on the website relating to the Packages specify the services included in the price.
The price is indicated in euros and is specified in the contract, with regard to what is indicated on the Site at the time of booking.
TAXATION: Italian municipalities have the right to apply the Local Tourist Tax, which, unless otherwise specified, is not included in the rates shown in the price lists. If applied, it will have to be paid by the Customer directly at the hotel. The Customer shall be held solely responsible for the payment of such additional taxes.
CLASSIFICATION: The official classification of hotels is provided in the catalogue 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. In the absence of official classifications acknowledged by the competent Public Authorities of the countries, including EU member states, to which the service refers, the organiser reserves the right to provide in the catalogue or brochure its own description of the accommodation, so as to allow an evaluation and consequent acceptance of the same by the consumer.
Under exceptional circumstances, it may happen that the hotel booking is cancelled or modified by Gardaland Holidays S.r.l.. In this case Gardaland Holidays S.r.l. will promptly inform the Customer of the occurrence and, where possible, it will offer alternative accommodation in a structure which is at least of the same category and which provides similar services. Should the Customer not accept the proposal, Gardaland Holidays S.r.l. will ensure the refund of all the money paid with reference to the booking.
DOCUMENTS AT CHECK-IN: Participants must be in possession of:
- Individual passport or other document as well as residence and transit visas and any health certificates that may be required. As regards the expatriation of minors under the age of 14 and for any more detailed information, the customer must consult and follow the instructions indicated on the State Police website http://www.poliziadistato.it/articolo/191/.
- Confirmation of purchase of the Package Tour, Special Offer or Overnight Stay.
MEALS: In the event that the Customer does not take advantage of one or more meals purchased, no refund will be made. The Customer is reminded that, unless otherwise indicated on the Website, drinks are not included in meals. In the event that water is not included, the Customer will bear the cost of its purchase.
TRAVEL INSURANCE COVERAGE FOR THE CUSTOMER: At the time of purchase, or within the following 48 hours, of a tourist package or an overnight stay, the Customer may decide to purchase one of the following travel insurance policies: Booking Protection or Booking Protection Plus from Allianz Global Assistance. To this end, the Customer is invited to consult the specific conditions at the hyperlink https://booking.gardaland.it/it/booking/Good-to-know/Booking-Protection.html
4. WEBSITE PURCHASES - Booking
4.1 In order to complete the reservation of a stay on the Website, the Customer must complete the entire purchase process, including payment. At the end of the purchase process, the reservation system will return an immediate confirmation number, followed by an automatic confirmation that the Customer will receive by email.
4.2 The Customer is responsible for the correctness of the data entered into the booking system and will ensure that any errors are corrected. If the system detects any anomalies related to the omission of mandatory fields in the form, it will automatically flag this.
4.3 The Customer assures that the data provided in all phases of the reservation is complete and true and that all parties are aware of and have accepted these General Terms and Conditions.
4.4 The Customer may proceed with payment according to the methods detailed in Article 5 below.
4.5 The booking confirmation is acquired by Gardaland Holidays S.r.l. for the purposes of the correct conclusion of the purchase procedure and it is stored in a database..
5. PAYMENT METHOD – PURCHASE CONFIRMATION
5.1 The complete balance is due at the time of booking by credit card of the Visa, MasterCard, American Express, Paypal™ circuits.
5.2 The total amount due will be debited at the end of the payment procedure.
5.3 Should the payment authorisation be denied, Gardaland Holidays S.r.l. will not be able to confirm the purchase and will not be responsible for the unsuccessful completion of the booking.
5.4 At the end of the transaction the Customer will receive immediate confirmation of the payment made based on the reference circuit.
5.5 The Customer undertakes to check all the travel documents received at the end of the booking and, if he/she finds any errors, to contact the Reservations Department immediately at email@example.com.
5.6 The languages available for the conclusion of the contract are Italian and English.
5.7 The purchase of the Services on the Website is allowed for persons who are 18 years of age or older, and who declare that they have the full capacity to enter into such transactions.
5.8 Gardaland Holidays S.r.l. reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute in progress; (ii) from a user who has previously infringed these General Terms and Conditions and/or the terms and conditions of the Contract; (iii) from a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments, or scalping; (iv) by users who have provided false, invented, fictitious, incomplete or in any case inaccurate personal data and/or in any way not corresponding to the truth or referring to third parties, or who have failed to promptly send Gardaland Holidays S. r.l. the documents requested by the same as part of the payment procedure or who have sent it invalid documents.
6. AMENDMENTS OR CANCELLATION AFTER PURCHASE - SUBSTITUTIONS
6.1 The conditions relating to the amendment or cancellation of the purchase made or replacement vary according to the type of service purchased. The Customer may modify or cancel the reservation solely and exclusively where such is foreseen at the time of purchase and subject to the conditions established for the individual booking, as specified in detail both during the purchase procedure and in the booking confirmation e-mail.
6.2 If the Customer needs to modify the purchase of services subsequent to confirmation, he/she must immediately contact the Booking Service at the following address: firstname.lastname@example.org or by telephone at +39 045 64 04 000.
6.3 In any case all the changes relating to the purchase made must be reconfirmed by Gardaland Holidays S.r.l. in writing, otherwise the transaction is considered confirmed as it was originally.
6.4 In the event of the purchase of a TOURIST PACKAGE (ART. 38 Tourism Code) the rules indicated in the following paragraphs apply. In the event that a Customer does not turn up for the first booked night and intends to check in for the following ones, he/she will have to confirm to Gardaland Holidays S.r.l. the changes to the booking within the date originally scheduled for check-in to avoid the entire booking being cancelled. Should the Customer fail to confirm amendments to the booking to Gardaland Holidays S.r.l., the whole booking can be cancelled and, in such case, no refund will be paid to the Customer.
6.5 The Customer may be replaced by a third party (hereinafter also the "transferee") who satisfies all the conditions for the enjoyment of the Package, of the Overnight Stay by giving written notice to Gardaland Holidays S.r.l. within 4 working days prior to departure, indicating the personal details of the said transferee. The original customer and the transferee shall remain jointly and severally liable for the payment of the price of the Package, taxes and other additional costs, as well as for any expenses incurred for the change.
6.6 Gardaland Holidays S.r.l. reserves the right to unilaterally change the conditions of the contract, excluding the price, where said changes are of minor importance. The communication is made in a clear and precise manner through a durable medium, such as, for example, e-mail. (ART. 40 Tourism Code).
6.7 If, prior to departure, the organiser needs to significantly change one or more of the main characteristics of the tourist services referred to in Art. 34, paragraph 1, letter a) or cannot meet the specific requests made by the traveller, or proposes to increase the price of the package by more than 8%, the traveller may accept the proposed change or cancel the contract without paying cancellation fees. If the Traveller does not agree to the proposed amendment referred to in paragraph 1, the organiser may offer the Traveller a replacement package of equivalent or superior quality. The Traveller will have to communicate his or her choice within two days of receiving the notice to Gardaland Holidays S.r.l..
6.8 Should the Traveller decide not to choose one of the alternative solutions proposed by Gardaland Holidays S.r.l., he/she shall have the right to be reimbursed without any unjustified delay and in any case all payments made within 14 days from the cancellation of the contract, unless said lack of conformity is due to
(i) force majeure and unforeseeable circumstances
(ii) the traveller.
7. RESPONSIBILITIES AND PROHIBITIONS
7.1 The Customer acknowledges and agrees that in all cases of possible interruption or suspension of the Website, regardless of the cause of the same, Gardaland Holidays S.r.l. shall not be in any way responsible towards the purchaser and/or third parties for the lack of use and enjoyment of the same, the continuity of which is not guaranteed; consequently, the Customer acknowledges and agrees that he/she will not be entitled to claim any indemnity and/or compensation for damages against Gardaland Holidays S.r.l..
7.2 Moreover, Vouchers cannot be considered as prizes at prize events, regardless of whether they fall within the scope of application of DPR 430/2001 or of other prize-giving or promotional initiatives (such as, by way of example, competitions or lotteries), except where prior written authorisation has been granted by Gardaland Holidays S.r.l. The Customer declares that he/she will not use the Vouchers in breach of this provision and undertakes to hold Gardaland Holidays S.r.l. and Gardaland harmless and indemnified from any damage that the same may suffer as a result of the breach of this guarantee.
8. FORCE MAJEURE
8.1 Unless otherwise provided for, Gardaland Holidays S.r.l. shall not be held liable for any loss, damage or delay in the supply of the services governed by these general conditions caused by strikes, labour unrest, lock-outs, unforeseeable events, fires, fulfilment of orders and prescriptions of any public authority or of its representative; legal prohibitions, governmental orders or regulations, insurrections, state of war or similar acts, natural elements, embargo, force majeure or any other cause beyond its reasonable control.
9. EXCLUSION OF THE RIGHT OF CANCELLATION
9.1 In the case of the purchase of:
- TOURIST PACKAGE: Pursuant to Art. 41 paragraph 7, Tourism Code, the traveller may cancel without penalty and without giving any reason, within a period of 5 (five) days from the date of the conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information, whichever is the later.
- SPECIAL OFFER TOUR PACKAGE: Pursuant to Art. 41 paragraph 7, Tourism Code, the right of cancellation is excluded for all offers with significantly lower rates than the current offers.
- OVERNIGHT STAY (Room Only Rate) or SPECIAL OFFER Overnight Stay: Pursuant to Article 55, paragraph 1, letter b) of Legislative Decree no. 206 of 6 September 2005 (the Consumer Code), the right of cancellation provided for the protection of consumers in the case of contracts and contractual offers made remotely or negotiated away from business premises (Articles 64 et seq.) does not apply when at the time of conclusion of the contract the professional undertakes to provide such services on a specific date or within a predetermined period. Therefore, the Customer is not entitled to exercise any right of cancellation upon completion of the purchase..
10. ORGANISER'S LIABILITY REGIME AND COMPENSATION LIMITATIONS (ART. 42 TOURISM CODE)
10. 1 The organiser will be liable for damages caused to the traveller as a result of the total or partial non-fulfilment of the services contractually due, whether these are carried out by him personally or by third party service providers, unless he can demonstrate that the event was caused by the traveller (including initiatives taken independently by the latter during the execution of the tourist services) or by a third party of an unforeseeable or inevitable nature, by circumstances extraneous to the provision of the services foreseen in the contract, fortuitous events, force majeure, or circumstances that the organiser himself could not reasonably foresee or resolve according to his professional standard of care.
10.2 The compensation payable by the organiser for personal injury and the relevant limitation periods are governed by the provisions set out herein and, in any case, shall not exceed the limitations 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, with the exception of personal injury that is not subject to a fixed time limit.
11. ASSISTANCE OBLIGATION (ART. 45 TOURISM CODE)
11.1 Gardaland Holidays S.r.l. undertakes to provide adequate assistance without delay to any traveller who finds himself/herself in difficulty, including in particular, by providing appropriate information regarding health services, local authorities and consular assistance and by assisting the traveller in making long distance communications and helping him/her find alternative tourist services.
11.2 The organiser may charge a reasonable fee for such assistance if the problem is caused intentionally by the traveller or through his own fault, provided such falls within the limits of the expenses actually incurred..
12. THIRD PARTY SUPPLIER RULES AND RESTRICTIONS
12.1 When combining a Tourist Package, Gardaland Holidays S.r.l. collaborates with Third Party Suppliers for the supply of various services, which are subject to the Terms and Conditions adopted by the same Third Party Suppliers. The specific Conditions and Limitations applicable to the various services must in any case be viewed by the Customer prior to proceeding with the completion of the purchase.
13. CUSTOMER ASSISTANCE
13.1 The Customer may request additional information by contacting the Booking Service:
- (+39) 045 64 04 000 - email@example.com
14.1 Any failure, lack of conformity or non-fulfilment of the tourist services included in a package, i.e. of the execution of the purchase contract, must be contested by the Customer without delay on site directly at the accommodation facility, in other words, at Gardaland Holidays S.r.l. within 10 working days from the date of return to the place of departure. Gardaland Holidays S.r.l. will reply to the complaint by e-mail and/or by phone within 5 working days of receiving it at the latest. (ART. 44 Tourism Code).
15.1 The personal data provided will be processed in accordance with the information on the protection of personal data available at https://www.gardaland.it/privacy-policy/, in compliance with the principles and rules on the processing of personal data applicable and, in particular, with Legislative Decree No. 196 of 30 June 2003, as subsequently amended, and with Regulation (EU) No. 679/2016 on the protection of personal data.