The contracting party and the intermediary Portale Sardegna srl, Atlantidea Viaggi travel agency, that works mainly on line presenting its clients a wide offer of travel services proposed by third persons, natural or a corporate body, agree that the contractual relationship will observe the following:
- Article 1 (Value of the introduction and definition)
1.1 The present tourist service contract and other introductions are an integral and essential part of the terms agreed upon and have a contractual caracter.
“contracting party” is the natural person or corporate body that requests, for him or herself or on behalf of other, the purchase of a turistic service pubblished on the website sardiniaexclusive.com of Portale Sardegna srl "Tourist service" is the booking and purchase of a stay in a holiday house, hotel, apparthotel, bed and breakfast or farm house; the purchase of plane ticket though the link of the air companies present on the web site; the booking and purchase of car rental services; the booking and purches of tickets to concerts, shows and/or any other entertainment events, the booking and purchase of day trips.
- Article 2 (Subject matter of the contract)
The subject matter of this contract is present in the “proposal of contract of sale of tourist services and includes the CONTRACTUAL CONDITIONS, and must be understood as totally expressed herein.
- Article 3. (Regulations).
3.1 The purchase of a tourist service or of a tourist package through the intermediate Portale Sardegna srl determines the setting up of a contract between the contracting party and the natural person or a corporate body that offers a tourist service using the website sardiniaexclusive.com. Such contractual relationship is ruled by the norms, regulations and conditions applied to every single supplier. The supply of tourist packages present on the website sardiniaexclusive.com is not offered by the intermediate but by a third party and it is, consequently, ruled by the sales conditions the third party applies to the tourist package.
3.2 The present contract betweein Portale Sardegna srl and the contracting party is ruled, not only by the terms agreed upon mentioned herein, but also by the provisions mentioned in the Travel contract the contracting party received and by the International Convention on Travel contracts (CCV), signed in Brussels April 23, 1970, ratifyed in Italy with the law December 27, 1977 n. 1084.
- Article 4. (Booking)
Tourist services telematically sold (“online”), to any intents and purspose, are understood, offered in sale in Italy and the contacts closed in Italy; particularly the contract will be considered as closed in Cagliari (CA) the moment in which the society Portale Sardegna srl receives the comunication of acceptance of the proposal of tourist service sales contract by the contracting party. The acceptance can be comunicated in the following ways
- by forwarding of the contract with the acceptance of the contracting party;
- by forwarding of an e-mail to the e-mail address email@example.com, attaching the sales proposal and the statement of acceptance of the contract by the contracting party;
- by clicking on the virtual button present on the website sardiniaexclusive.com (point and click).
The contract is, in any case, subject to availability of the tourist service and submitted to the remittance of a downpayment by the contracting party mentioned in article 5.
- Article 5 (Price and Payment).
5.1. The price of each tourist service, as the price of possible charges to be paid by the contracting party (for example the additional charges to be paid on site for the requested services), can be seen on the website sardiniaexclusive.com and it is included in the proposal of contract of sale of tourist services mentioned herein. The price may vary up to 20 days before departure date only as a consequence of variations in: trasport cost, including fuel, rights and taxes on some kinds of tourist services such as taxes, landing taxes, landing or embarkation in the ports or airports, change taxes applied to the mentioned package, stay taxes. In case of such variations the changes and and actual costs will be mentioned together with the pubblication data or the data mentioned in the updates mentioned herein.
5.2. The contracting party shall make a downpayment of the 30% of the overall amount of the requested tourist serivices and object of this contract. Such amount shall be paid at the moment of acceptance of the summary proposal of tourist services. The balance shall be duly paid, to Portale Sardegna srl 30 before arrival date. If there are less than 30 days to the arrival date then the total amount shall be paid at the moment of booking. If the payments are not done as established by this contract the resolving clause will be applied to the extent of cancellation of the contract by default or cause of the contracting party. It is agreed that the societyPortale Sardegna srl., in the interest of the supplier of the tourist service as well, is authorised by the contracting party to retain the amount paid as downpayment as compensation for expenses and damages, is understood to have the right to request a compensation of any other damage.
- Article 6 (Withdrawal)
6.1 Without penalty. The contracting party has the right to withdraw from the contract without penaly under the following cases:
- increase of the price, mentioned in article 5, more than a 10%;
- significant modification of one or more elements of the contract considered as fundamental for the fruition of the tourist service proposed by the intermediate Portale Sardegna srl after the acceptance of the contract but in case before departure date, not accepted by the contracting party.
In the cases mentioned herein above, the contracting party has the right to:
-enjoy a similar alternative tourist service, without surcharge on the price and with the restitution of the surplus on the price, in case in which the second tourist service has a lower price than the first one;
-the restitution of the amount already paid. Such restitution shall be made within seven working days from the moment of reception of the reimbursment request.
The contracting party must comunicate his or her decision (of accepting the modification or withdrawing) within two working days from the moment in which he or she has received the notice of increase or modification. In case the comunication by the contracting party is not received within the mentioned terms the proposal of the society Portale Sardegna srl shall be considered as accepted.
6.2 With penalty. The contracting party has the right to withdraw from the contract before the fruition of the tourist service purchased through the intermediate Portale Sardegna srl with the payment of a penalty, together with the duties and obbligations for the cancellation of the services.
This penalties shall also be applied in case the contracting party, or any other of the persons mentioned in the contract, cannot enjoy the tourist service because of missing or irregular travel documents.
No reimbursement to the contracting party, or to any of the other persons mentioned in the contract, is due if the travel or the stay is interrupted once already started. Possible reimbursement of the amount paid by the contracting party shall be disposed based on rules and the law applied to each service supplier, and the timing of the reimbursement shall depend, exclusively, on every single supplier.
The day of withdrawal and the day of the beginning of the holidays are not included in the calculation of penalties. Withdrawal must be communicated in a working day (from Monday, 09:00 am, to Friday, 07:00pm).
6.3 The tickets or the car rental purchased with the Superpromo sardiniaexclusive.com special rate will be cancelled and not refunded in case the stay with them combined is cancelled by the customer sardiniaexclusive.com Travel Discount will be revoked in case the stay with them combined is cancelled by the customer who will have to pay the full amount to Portale Sardegna srl, otherwise the tickets or the car rental will be cancelled.
- Article 7 (Modification or Cancellation).
In tha case in which, before the departing date, the intermediate Portale Sardegna srl informs, by written, the impossibility of fruiting the tourist service, the contracting party and/or the other persons mentioned in this contract, will have the right to enjoy other similar tourist service with an equivalent or superior quality without any surchage on the price, or an inferior quality tourist service after the restitution of the difference on the price, or the difference will be reimbursed within seven working days from the moment of cancellation and after request to the contracting party, the amount already paid, as long as the cancellation does not depend on the contracting party.
- Article 8 (Substitution).
The contracting party or any other of the persons mentioned in this contract, as long as agreed by the single supplier of the tourist service, has the possibility of having himself/herself substituted by another person under the following conditions: a) the organizing party if informed, in written, within 4 working days from the departure date, receiving notice about the physical person who will enjoy of the tourist service on behalf of the renouncing party; b) there are no issues that depend of identity documents, passport, visa, sanitary certificates or any other document that makes impossible the fruition of the package by a different person from the renouncing party; c) the person is responsible for all charges that may arised from the substitution that are Euro 50,00. The renouncing party is responsible with the transferee for the payment of the price as well as the amounts referred to in letter c) of the present article.
The intermediate Portale Sardegna srl is not responsible for the possible refusal of the modification done by the service supplier. Such refusal shall be comunicated from Portale Sardegna srl to the parties before departure date.
- Article 9. (Obligations)
The contracting party and the other persons who will enjoy the tourist service have the obligation to be provided with an identity document or individual passport (or any other valid document) valid for the destination cuontry, as well as a sanitary certificate if necessary. They will have to follow due diligence and regulations, and those of the place where the fruition of the tourist service takes place.
- Article 10 (new present on sardiniaexclusive.com website)
The intermediate Portale Sardegna srl commits itself to make any effort to ensure that the information present on the website sardiniaexclusive.com that referred to the offered services are accurate and updated. In any case, since the information is based on data supplied by a third party supplier of the single tourist service, the intermediate Portale Sardegna srl shall not be considered responsible for any inaccuracy.
- Article 11 (Interpretative clause)
The contracting party and the society Portale Sardegna srl declare that the agreement present on this contract have as subject matter the sales of tourist service and not tourist package done by the society Portale Sardegna srl as intermediate. The contracting party declares and accepts the have selected on his or her own on the website sardiniaexclusive.com the tourist service he or she was interested in and to have consequently requested to the intermediate Portale Sardegna srl the purchase of a single tourist service he or she was looking for to autonomously organize a holiday. The contracting party accepts as well that on the website sardiniaexclusive.com it is possible to select among many tourist services such as accommodation structure and transport and that, as as consequence, such a wide possibility of selecion takes him or herself to declare that there was not a fixed combination of tourist service as transport, accommodation and / or tourist service that may refer to a tourist package.
- Article 12 (Resposability and compensation limit) The society Portale Sardegna srl,in relationship to the tourist service subject matter of this contract is an intermediate according to the International convention on travel contracts, signed in Brussels April 23, 1970, ratifyed in Italy with the law December 27, 1977 n. 1084.
On the third article 22 of the convention the intermediate is not responsible for the total or partial nonfulfilment of the travel, stay or any other service included in the contract.
With reference to the obligations assumed with the present contract, the intermediate is only responsible for the obligations that arise from its quality as intermediate within the limits provided by the law, and in any case, only in the case in which the contracting party provides a valid proof of a negligent behaviour on the selection of the tourist service.
The compensation for damages underwent by the contracting party and / or the other persons indicated in the present contract in relation to the nonfulfilment by the intermediate in case of purchase of the travel service is ruled by the provision and limits included in the abovementioned International convention on travel contract.
- Article 13 (Claims and Reports)
The contracting party must answer without delay any absence in the execution of the contract, so as the intermediate, on behalf of the third supplier, or the supplier itself may solve the issue. The claim must be comunicated with a registered mail, with acknowledgement of receipt, to the intermediate, within ten working days from the finishing date to the following address: Portale Sardegna srl Via Sen. Mannironi, 55 - 08100 Nuoro (NU). In case the contracting party requests tutelary in case of nonfulfilment on the side of the supplier of services and obbligations, the society Portale Sardegna srl will supply support to the contracting party in order to single out the supplier of the service.
- Article 14 (Place of jurisdiction/arbitration clause) Any dispute that may arise from the present contract shall take place exclusively in Nuoro. It is a procedability condition in any judicial action by the contracting party against Portale Sardegna srl the allegation with introductory act a copy of the present contract undersigned by the contracting party.
By the law, and in particular the art. 1341 and 1342 of the civil code, the contracting party approves, after reading and understanding, on his or her own, and also on behalf of the other persons who will enjoy the tourist service, the following contrac clauses: art. 5 (Price and payment), points 5.1 and 5.2, art. 6 (cancellation), points 6.1 without penalty and 6.2 with penalty, art.7 (modification or cancellation, Article 12 (Responsability and compensation limit), art. 14 (place of jurisdiction).
Compulsory comunication according to art. 16 law. 269/98 Italian law penalizes with imprisonment crimes related with prostitution and minor pornography, even if those are perfomed abroad.
This English translation is provided to customers for information purposes only. Only the Italian version is legally binding and authoritative.