Terms of Service – General Terms and Conditions
The contract consists of the general terms and conditions, the tour confirmation and the travel arrangements set out in the brochure or flyers. Any changes requested by the Client, any alterations in the travel arrangements featured in the brochure and any special request must be made in writing and outlined in the contract. If travel arrangements as set out in the tour confirmation are found to be different from the Client’s request, the tour confirmation itself represents a new proposal from Gadis Tourist Service, to which Gadis Tourist Service shall be bound for 14 days, and which the Client may accept by returning the same within the above term of 14 days.
2. Terms of Payment
80% of the price stated in the tour confirmation form is payable 4 weeks prior to the departure date. The remaining 20% is due 2 weeks prior to the departure date upon delivery of travel documents. If the Client makes the booking 2 weeks prior to the departure date the full balance of the price must be paid immediately after delivery of travel documents. Any amendment to article 2 must be agreed upon in writing by the parties.
3. Price alteration
A price change may be necessary the contract has been signed subject to significant changes in transportation costs, cost of fuel, taxes and fares such as landing taxes or embarkation fees levied by ports and airports, and the exchange rate as well as the Italian VAT rate. Price alteration shall be proportional to the above mentioned costs and the cost details shall be provided to the Client. No price change is possible in the 20 days prior to the departure date.
4. Alterations to travel arrangements
Changes or alterations to the arrangements featured in the contact are allowed, provided that they are necessary, not significant and do not affect the major features of the tour(see art. 6.2). Any changes, either requested by Gadis Tourist Service or the Client, must be made in writing. For any alterations requested by the Client Gadis Tourist Service reserves the right to levy a fee of € 29,00 to cover the costs incurred; Gadis Tourist Service is entitled to a price increase as a result of changes requested by the Client.
5. Booking transfer
The Client may choose to change their booking by transferring it to another subject, provided that the transferee meets all conditions of the original booking. Anyway, the request for transfer is to be sent to Gadis Tourist Service by e-mail, fax or telegram, no later than 4 days prior to the departure together with the full details of the transferee (surname and family name, sex, birth date, nationality). A fee equal to € 29,00 will be charged by Gadis Tourist Service to cover the costs incurred.
6.1 If the Client chooses to cancel their participation, cancellation charges are outlined as follows: up to 28 days prior to the departure date 5 % of the price paid up to 21 days prior to the departure date 15 % of the price paid up to 14 days prior to the departure date 35 % of the price paid up to 7 days prior to the departure date 50 % of the price paid within less than 7 days prior to the departure date 100 % of the price paid
6.2 Notwithstanding with the terms and conditions stated in other documents, the terms and conditions of this contract will remain in full force and effect.
6.3 The parties can withdraw from the contract without any refund in the event of unforeseen circumstances (events of force majeure, war, riots, epidemics, acts of restrictions of governments, acts of God, breakdowns, destruction of lodgings, strikes beyond the parties’ control and similar events).
If for any reason whatsoever the Client is unable to proceed with a tour, Gadis Tourist Service will refund the Client subject to Gadis Tourist service being refunded by Third Party Suppliers.
8. Minimum number of participants
If a tour is subject to a minimum number of participants as outlined in the travel arrangements and that minimum number is not met, Gadis Tourist Service may have to cancel the tour 2 weeks in advance of the commencement.
9. Cooperation of the Client
The Client undertakes to avoid or reduce any damages.
10. Liability of Gadis Tourist Service
Gadis Tourist Service shall not be liable to the Client for any damage to the Client or his belongings that are caused by force majeure, unforeseen events or third parties. Anyway, Gadis Tourist Service’s liability is limited in accordance with international conventions, in particular: the Warsaw Convention, 12 October 1929; the Berne Convention, 25 February 1961; the Brussels Convention, 20 April 1970. Gadis Tourist Service shall not be liable for any damages caused by the Client’s or services rendered by Third Party Suppliers and not included in the travel arrangements.
Any disappointment or complaint which the Client may have concerning their travel arrangements must be reported immediately to Gadis Tourist Service so that Gadis Tourist Service or its representative may deal with it. Any complaint in respect of Gadis Tourist Service should be made in writing and sent by registered mail or fax within 14 days of the end of the tour set out in the contract. Claims reported after the 14-days period will be considered only if the Client was prevented from meeting the deadline for reasons beyond its control. Anyway any complaint becomes ineffective 6 months after the end of the tour as stated in the contract.
The client agrees and guarantees that they are a travel agent / tour operator duly authorised to conduct their business in compliance with any rules and regulations, orders and decrees by the relevant authorities; They conduct their business in compliance with any rules and regulations, orders and decrees by the relevant authorities; It has stipulated insurance policies in compliance with any rules and regulations, orders and decrees by the relevant authorities and anyway consistently with its business activity.
The Client shall indemnify Gadis Tourist Service against any statement of claim brought by tour participants, which shall be compensated directly by the Client(without prejudice to any claims of the Client against Gadis Tourist Service should a liability of Gadis Tourist Service occur in accordance with the terms of the contract). Furthermore, the Client shall indemnify Gadis Tourist Service against any claims from third party suppliers in respect of any cancellations made in relation to services booked.
13. Information on passport, visa and health provisions
Gadis Tourist Service shall, within its possibilities, inform the Client about any material variation in the general instruction contained in the description of the trip. In no event Gadis Tourist Service shall be responsible with respect to the concession and delivery of any necessary visas from foreign authorities. The Client is the sole responsible of the compliance with all the instructions necessary to carry out the trip. Any inconvenience which arises from the non compliance with the instructions above shall be on the risk of the Client. Gadis Tourist Service shall provide the Client with the information referred to passports, visas and sanitary standards in accordance with Italian laws, with no liability for any change made by the competent authorities (of which he is not aware notwithstanding its common diligence). Should the Client has not complied with rules applicable to the entrance of the traveller or should a visa has not been obtained due to negligence of the Client and as a consequence thereof the traveller can not proceed on the trip, Gadis Tourist Service can request payments of any expenses incurred.
Unless otherwise stated the number of free passengers granted to separate groups for a minimum number of payers of 25 passengers is calculated on placement in double rooms. The total number of single rooms is subject to the number of double and triple rooms, whereby a single room (including single room for the driver) is available every 4 double or triple room. The prices stated in the contract are based on groups with a minimum of 25 participants (including the driver). For smaller groups a price increase will be set on a case by case basis. The Client may withdraw from the contract no later than 2 weeks prior to the departure date if the price increase exceeds 20% of the increase stated in the contract. The names and addresses of the service suppliers will be communicated upon receiving the definite rooming-list, no later then 10 days before the beginning of the services, unless otherwise agreed between Gadis Tourist Service and the Client. Any objection against Gadis Tourist Service invoices (price, number of passengers, etc.) shall be taken into account only if they are communicated to Gadis Tourist Service within 35 days from invoice date. After this date the invoice shall be collected for the full amount.
Gadis Tourist Service has taken out the following insurance policy:
REALE MUTUA- policy no. 2019/03/2350346
16. Law and arbitration
The contract shall be subject to Italian law. The seat of arbitration for any controversy arising out of, or in connection with, this contract is Imperia.