Users
of this website are kindly requested to read these
terms and conditions carefully.
1. Bookings
The terms and conditions set out in this section
together with the confirmation through signature
of the travel contract comprise the agreement
between the tour operator and travel agency Arianna
& Friends Srl, here below defined as the tour
operator (T.O.), and all the people involved in
the booking, on whose behalf the party leader,
here below defined as the traveler, is acting.
a) Bookings are made in relation to accommodation,
tours, services or packages as described in the
contract only and do not include any flights or
other travel arrangements, unless differently
specified during negotiations with the traveler.
b) Any money paid to the T.O. under these booking
conditions are protected by the tour operator
licence (see Clause 17).
c) Bookings are understood as finalized when the
T.O. receives an advanced payment related to the
items the traveler has booked. The T.O. sends
the traveler a travel contract with all instructions
about the required deposit(s) and payment procedures
and without the complete addresses of accommodation
and/or service(s).. The traveler must sign a copy
of the travel contract and send it back to the
T.O.:
- per post to the tour operator's offices in Via
Mazzini, 71 - I - 56037 Peccioli (Pisa) - Italy;
- per fax to +39 0587 672088;
- per email to info@ariannandfriends.com or to
info@lamiatoscana.info;
Once the T.O. has received the deposit(s), it
immediately sends all final details (including
destination addresses and phone numbers) to the
traveler.
d) Should there be an obviously incorrect price
shown on the travel contract, the T.O. will issue
a new one and will not be bound by the price quoted
on the incorrect contract.
e) It is important that the traveler carefully
checks all the details shown on the travel contract
to ensure they are correct.
f) Bookings are confirmed by the T.O. short after
reception of advanced payment. If the traveler
does not receive a confirmation email within 48
hrs, the traveler should contact the T.O. to make
sure that the booking has been made.
g) The T.O. reserves the right to refuse a booking
without any given reason.
2.
Website information
The T.O. is committed to ensure the accuracy of
all information contained in its websites www.arianndfriends.com
and www.lamiatoscana.info relating to any accommodation
offers, services or packages advertised.
All descriptions appearing in its web pages have
been typed by its staff, or appointees, in good
faith after checking by inspections or careful
web investigations.
However there may be times when certain services
or facilities are unavailable or limited. Such
situations may be dictated by local circumstances,
unsuitable weather conditions, lack of demand,
necessity for maintenance or redecoration, local
licensing regulations or government fuel saving
legislation.
The T.O. cannot accept responsibility for any
such problems which are outside a tour operator's
control.
The T.O. declines all responsibility for any modifications
made by property owner(s) or service provider(s)
without its knowledge.
PROPERTY DESCRIPTIONS
1. Where it is stated that villas, apartments
or rooms have satellite TV, the T.O. can make
no guarantee of the channels the traveler can
watch.
2. Where it is stated that villas, apartments
or rooms have air-conditioning, or central heating,
they are charged locally upon consumption, unless
otherwise stated.
3. Where a villa or apartment complex has a swimming
pool, the period when the pool is available is
at the owner's discretion and may also be affected
by weather conditions. As they operate outside
the T.O.'s control, the T.O. cannot guarantee
their availability.
4. Villas, apartments or rooms are cleaned for
the traveler arrival but not during the traveler
stay, unless otherwise stated. They may not be
ready for immediate occupation and are available
from 3.00 pm, unless otherwise stated. On the
day of departure the traveler should vacate the
property before 10.00 am, unless otherwise stated.
TOUR DESCRIPTIONS
1. The prices of the tours and activities described
in the webpages usually do not include transportation,
unless otherwise specified. Transportation can
be included in the service(s) at extra costs.
2. In the description pages of tours all the items
making the final rate are listed in the price
boxes or in the notes. Other extra items are specified
apart or mentioned by the T.O.'s staff during
booking negotiations.
3.
Payments
a) Booking deposit - In order for the traveler
to finalize booking, a deposit of 50% of the total
amount is necessary. The booking deposit is due
to be paid short after receiving the contract
from the T.O.'s staff. Any deadline will be specified
by the staff during the booking negotiation.
b) Balance - The balance is to be paid within
15 days before arrival, unless otherwise specified.
If the balance is not received by the T.O. in
full and by the due date, the T.O. reserves the
right to treat the booking as cancelled by the
traveler, in which case the cancellation charges
as set out in clause 7 will be payable.
4.
Late bookings
Bookings made within 15 days before arrival are
deemed as late bookings. Full payment will be
due immediately and once this has been received
by the T.O., all booking conditions will apply.
Should the traveler cancel after this point, for
whatever reason, cancellation charges as shown
in Clause 7 will apply.
5.
Holiday documents
The dispatch of holiday documents to the traveler
are conditioned to the reception of the advanced
payment by the T.O., in the terms scheduled by
Clause 3.
6.
Trasferability
The traveler that is in the impossibility to undertake
the confirmed booking has the right to surrender
his own booking to a person that accepts all the
conditions of the booked accommodation, tour or
service while all the arrangements remain exactly
the same as in the original booking. In this occurrence,
the traveler must inform the T.O. with at least
7 days of notice as regards to the foreseen arrival
date.
The T.O. will not be responsible for any missed
acceptance of the new nominative by any third
parties supplying the service(s) or the accommodation.
The surrendering traveler and the new traveler
are both responsible for the payment of the balance
of the total amount.
If the traveler wishes to transfer the traveler
booking to another product thereby changing the
arrangements completely, this will be treated
as a cancellation with loss of cancellation fees
as set out in Clause 7. It will be necessary to
re-book another product. In case of partial changes
in the booking, the new request will be studied
by staff of the T.O. and the traveler will not
lose all cancellation fees.
7.
Cancellation policy
If travelers cancel their booking, the party leader,
represented by the lead name on the travel contract,
must immediately advise the T.O. in writing, per
e-mail or fax. Verbal cancellations will not be
accepted.
If the travelers cancel their booking, the traveler
will be liable to pay the cancellation fees set
out in the table below.
Cancellation periods are calculated on the date
of the traveler cancellation being received by
us at our offices at Via Mazzini, 71 - I - 56037
Peccioli (Pisa) or per fax to +39 0587 672088
or per email to info@ariannandfriends.com or info@lamiatoscana.info.
The cancellation fees are listed here below:
FROM
|
TO
|
Cancellation
Fee |
reservation
|
50 days
before check-in
|
30%
|
49 days
before check-in |
30 days
before check-in |
50% |
29 days
before check-in |
11 days
before check-in |
70% |
10
days before check-in |
0
days before check-in |
100%
|
|
If
the traveler cancels the booking on the day of
arrival or scheduled service, due to circumstances
beyond the T.O.'s control, compensation or refunds
will not be payable by the T.O. and any such claims
should be forwarded to the traveler insurers.
i) Should the traveler decide to curtail the booked
holiday arrangements or services, for whatever
reason, no refunds will be payable for any unused
nights of accommodation or services.
k) The applicable cancellation fees must be paid
even if the traveler has not at the time paid
the full cost of the booked items for whatever
reason.
l) The applicable cancellation charges must be
paid even if the traveler decides to change the
reservation to another property for whatever reason
and without explicit authorisation of the T.O.
8.
Alteration and cancellation by the T.O.
The traveler can cancel the booking without paying
the amount for the recess as referred to the preceding
clause, in case of meaningful modification by
the T.O. of one of those essential elements of
the contract, that is:
a) increase of the total price of the confirmed
accommodation or service superior to 10% of the
price at the confirmation date;
b) skid of the arrival and/or departure date superior
to 48 hours;
c) modification of the category of the confirmed
accommodation or service in pejorative sense.
In all cases, travelers will need to communicate,
within 48 hours from reception of the communication
of modification, if they wish to either practice
the right of recess or accept the modification.
In absence of communication by the traveler, the
modification will be understood as approved.
In the event the confirmed property cannot be
supplied because the accommodation ceases to operate,
the T.O. will always endeavour to offer the traveler
substitute arrangements and if the cost is less
than the traveler original booking, the traveler
will receive a refund of the difference from the
T.O.. If however the alternative offer costs more
than the previous one and the traveler accepts
that offer, then the T.O. will ask for the difference
in price.
The T.O. may have to cancel the traveler's booking
as a result of "force majeure", that
is any occurrence outside the T.O.'s control and
which could not have been avoided with all due
care. Such events may include war or threat of
war, riots, civil strife, terrorist activity,
natural or nuclear disaster, goverment action,
adverse weather conditions and all similar events
out of our control. In this situation, we regret
we cannot make any refunds, meet any costs or
expenses the traveler may incur as a result or
pay any compensation.
9.
Responsibility of the T.O.
The responsibility of the T.O. towards the travelers,
and their belongings, is regulated by the laws
and by the international conventions concerning
the T.O. responsibility (Italian law n. 1084 of
27th December 1977, ratification of the International
Convention of Bruxelles of 23rd April 1970) valid
at the moment of the verified fact that has originated
this responsibility. The responsibility of the
T.O. cannot, in any case, exceed the scheduled
limits from the applicable laws and conventions
and more particularly the limits for individual
damage as specified in the following:
1) Damages to the person of the traveler (death,
injuries or illness), unless it is proved that
it is due to the negligence of our employees,
or by our appointees, i.e. from the third party
provider(s) of service(s) during the vacation.
The responsibility of the T.O. for said damages
cannot, in no case, exceed the measure defined
by the Convention of Bruxelles of the 1970 (ratified
with Italian law n. 1084 - 27th December 1977).
2) Damages, loss, theft, relative to the belongings
owned by the traveler (e.g. baggage), caused by
the breach or by the bad execution of the service(s)
object of the confirmed tour or package by the
T.O. or by its third party providers of service(s).
The responsibility of the T.O. cannot exceed the
limits of the International Conventions regarding
the service(s) within which the harmful event
has been verified and, however, the measure of
30% of the value of the tour for each traveler.
3) The T.O. will not be, in any case, responsible
of the damages, of any kind, when the breach or
the bad execution of the contract is not imputable
neither to its guilt nor to the guilt of other
providers of service(s), due to the ascertain
lacks in the execution of the contract, that:
- are imputable to the traveler;
- are imputable to a third party extraneous to
the T.O. or the provider of the service(s) and
present an unpredictable or insurmountable character;
- are due to causes of "force majeure"
or to an event that the T.O. or the provider of
the service(s) in question, could not, even with
all due care, foresee or avoid.
4) The T.O. will be in no case responsible of
the damages:
- consequent to the omission, by the traveler,
of recommendations or instructions of the T.O.
or the provider of the service(s);
- due to services provided by third parties and
not mentioned at the moment of the confirmation
of the booking;
- due to autonomous initiatives of the traveler.
5) If, in the opinion of any person in authority,
such as police, accommodation owners, managers,
employees or appointees of the T.O., the traveler
appears to be unfit to occupy the booked accommodation
or because of anti-social behaviour is likely
to cause a disturbance to other guests or damage
to property or any other equipments of the T.O.
itself or of other service providers, the T.O.
may terminate any holiday arrangements. The T.O.
will not be liable to make alternative arrangements
for other accommodation nor will it cover any
costs which the traveler may incur or make any
refund.
10.
Properties
All services and facilities offered by the T.O.
are subject to the standard terms and conditions
of the supplier and are incorporated into our
contract with the traveler.
A breakage and telephone deposit is usually payable
on site to the key holder or owner to protect
against possible damage and outstanding telephone
charges where a villa, apartment or room has a
telephone for guest use. Deposits are normally
returned on departure if no damages have occurred.
The traveler is responsible for ensuring that
any villa, apartment or room provided is left
upon departure in the same conditions of tidiness
and repair as upon arrival. Any loss or damage
caused by the traveler will be deducted by the
owner from the traveler breakage deposit. In case
damages exceed the breakage deposit, the owner
must be refunded of the whole value of the damage
by the travelers themselves. The T.O. is not involved
in this matter at any extent.
Property owners reserve the right to refuse admittance
if the number of persons arriving exceeds the
number stated on the booking form or the maximum
sleeping places as detailed in the websites. Where
a property offers a price for varying numbers,
exceeding bedrooms will be closed.
11. Complaints
In the event that the traveler are dissatisfied
with any aspect of the traveler chosen accommodation,
service or package, the traveler must immediately
report the cause to the keyholder or owner or
supplier of the villa, apartment, room or to the
provider of service(s). The traveler must also
inform the T.O. who will endevour to put things
right.
In the unlikely event that the traveler is still
not satisfied upon return from the holiday, the
traveler must contact the T.O. giving full detailed
complaints within 10 days.
If the traveler fail to notify to the T.O. or
the supplier of any dissatisfaction during the
traveler holiday, the T.O. cannot accept liability
for that complaint in retrospect.
If the traveler leaves accommodation prematurely
without an explicit authorisation of the T.O.,
the traveler forfeits the traveler rights for
a refund. Such complaints will not be taken into
consideration.
12.
Rates
The rates quoted and the costs of the service(s)
may vary in time and the websites of the T.O.
are constantly uptadated accordingly. In case
that, before arrival, differences in the course
of the changes or in the costs of the advertised
accommodation offer(s) or service(s) should occur,
the relevant rates will be modified, in increase
or in diminution, according to the said variations.
The T.O. will immediately inform the travelers
about such variations and they have the right
to cancel booking in case of increase of price
superior to 10 %, as per Clause 8. The travelers
will establish before arrival if the price is
of their interest. However, the price defined
in the travel contract will not change in the
15 days before the arrival date.
No confrontation regarding prices will be taken
into consideration after the return from the tour
or service or holiday.
13.
Valid documents for expatriation
It will be care of the traveler to provide for
the regulation of all the valid documents for
the expatriation. The T.O. declines each penal
and moral responsibility for lack of valid documents
for the expatriation and inaccuracies of the same.
14.
Jurisdiction and competent court
This contract is governed by the law of the Italian
Republic and exclusive jurisdiction is conferred
on the Italian Courts. In case of controversy,
the law court of Pisa, Tribunale di Pisa, will
be competent.
The traveler booking with the T.O. implies that
all clauses of this contract have been understood
and have thereby been accepted without reserve
and without exception.
15.
Insurance
The T.O. has insurance coverage with Mondial Assistance
n° 168561 from 14th May 2007, according to
the Italian legislative decree 111 dated 17th
March 1995.
16.
Updating of terms and conditions:
Arianna & Friends S.r.l. may revise these
terms at any time by updating this posting. You
should visit this page from time to time to review
the then-current terms because they are binding
on you. Certain provisions of these terms may
be superseded by expressly designated legal notices
or terms located on particular pages at this site.
17.
Administrative authorization
Arianna & Friends operates as a tour operator
and travel agency with authorization of the Province
of Pisa, Provincia di Pisa, dated 6th June 2007,
prot. N. 103938/b.
18. Data protection policy
The T.O. through the website Ariannandfriends.com
and Lamiatoscana.info complies with the obligations
under the 2003 Italian Data Protection Act (Decreto
Legislativo n.196/03). Additionally, the T.O.
understands the importance of maintaining the
confidentiality of the information stored about
the traveler while using the sites. Contacts and
other personal data the traveler supplies are
stored by the T.O. and will be used to provide
the travelers with the information they have requested.
The collected information may be used by the staff
the T.O. to keep the traveler updated about its
newest activities and events. The T.O. will never
wilfully disclose individually identifiable information
about any traveler to any party without first
receiving permission from that person. Yet, the
T.O. is obliged to pass such information on to
the relevant suppliers of accommodation (except
credit card details), and, if required by them
or by law, to security or credit checking companies
and public authorities such as customs/immigration
offices. The traveler can remove any of the information
that the T.O. stores about them, at any time,
by sending an email to info@ariannandfriends.com
with a request of deletion from the mailing list.
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