Conditions of sale
Conditions of sale
The following Terms of Service Agreement MYLAND ( hereinafter the " The Organiser") .
1 . sources of law
The sale of the package, whose object is to provide services in Italy and abroad , is governed - until it is repealed pursuant to art. 3 of Legislative Decree no . N . 79 of 23 May 2011 (the " Code of Tourism " ) - by L. 27/12/1977 nr . 1084, ratification and implementation of the International Convention on Travel Contracts (DC V ) signed in Brussels on 23.4.1970 as applicable , as well as the Tourism Code (art. 32-51 ) and subsequent amendments .
2 . Definition of tourist package
Pursuant to art. 34 Cod Rd. " The packages are subject to travel , holidays and " all inclusive " , resulting from the combination by anyone in any way made of at least two of the following when sold or offered for sale at an inclusive price, a) transport; b) accommodation ; c) tourist services not ancillary to transport or accommodation,which constitute , to the satisfaction of the recreational needs of the tourist, significant part of the "package ." The tourist is entitled to receive a copy of the contract for the package ( art. Cod 35 and 36 Rd.) The contract is entitled to apply for the guarantee fund referred to in art. 19 .
3 . Required Information - technical
1 . Technical organization MYLAND srl - Via Manzoni , 128-91016 Erice, Trapani ; 2 . administrative approval . 343/AG.V . of 13.06.2014 in accordance with the provisions of the Regional Law n. 15 of 03.30.1988 and subsequent amendments ; 3 . RC n.235890 insurance policy taken out with Unipol ASSICURAZIONI . in accordance with the provisions of Articles 44 and 45 Cod.Tur . ; 4 . The travel program on this site www.mylandtravels.com is valid from the 01/01/14 to 31/12/2014 , except updating the same ; 5 . The terms and conditions are governed by substitution art. 11; 6 . The exchange rates of the currency of reference are those recognized by the B.C.E. / UIC published in " ILSole24ore " , referring to the average of the two months preceding the date of purchase; 7 . The companies that make rail transport is indicated in the confirmation ;
4 . Booking on line
The purchase of packages through the Website is possible in the following ways : 1 ) Buy Online . The purchase of a tour package can be made completely through the site : the tourist will have to provide all the necessary data acquisition ( name, e-mail address , etc.). . The Organiser , after receiving confirmation of coverage of the credit card by the issuing bank or a deposit by bank transfer will, immediately , sending the travel contract ( hereinafter the " Agreement"). Any detail not reported correctly in the Contract shall be immediately reported to the call center of the tourist MYLAND (the " Call Center" ) , using the number on the booking confirmation .
5 . payments
Payment of packages purchased online must be made by credit card or wire transfer, at the very moment of choice. During the ' purchase will be asked for details of the credit card or our bank details will be provided in relation to the selection of the product: if problems emerge (eg the lack of authorization from the bank or non-receipt of funds) the purchase will be suspended. In this case, the tourist will not be charged any cost but will lose the fare that had stalled during checkout. We accept credit cards , as indicated on the Site at the time of purchase . The amounts will be charged only after the sending of the e- mail confirmation referred to in the previous article . Failure to pay the Organiser the amounts above the established date constitutes an express termination clause of the contract , such as to determine the organizers, the legal termination with immediate effect.
6 . price
The prices of the packages displayed on the Site are stated in Euro and have been calculated considering the hotel rates and transport costs in effect at the time of booking ; They may be modified by the Organizer up to 20 days prior to departure and only in consequence to variations in : - Transportation costs ; - Dues, taxes on certain types of tourist services ; - The exchange rates applied to the packages in question;
7 . Withdrawal of the tourist
The tourist can withdraw from the contract without paying penalties in the following cases : - Increase in the price referred to in article 6 in excess of 10 % ; - Significant modification of one or more elements of the Agreement, objectively considered as fundamental to the enjoyment of the package as a whole and the proposal by the Organiser after the conclusion of the contract but prior to departure and not accepted by the tourist .
In the cases mentioned above , the tourist has the right either : - To make use of an alternative tourist package , at no extra cost or the restitution of the price , if the second package has a value lower than the first ; - The refund of the price already paid. This refund must be made within seven working days of receipt of the request for reimbursement.
The tourist must give notice of its decision (to accept the change or withdraw) not later than two working days from the time when he received the notice of increase or change . In the absence of express notice within such period , the proposal made by the Organiser will be considered accepted .
To the tourist who withdraws from the contract before departure, outside of the cases listed in the preceding paragraphs of this Article , will be charged as a penalty , the insurance premiums where required and the percentage of the unit price calculated based on how many days before the ' beginning of the trip happened cancellation ( the day count does not include the withdrawal, which notice must be received in a working day prior to the start of the trip) , as specified in the travel Contract .
8 . Changes before departure by the tourist
It is' possible after purchase, make request of the tourist, changes to any of the service package. Changes requested by the tourist to purchase already made do not require the organizer in case they can not be met. In any case, any request for change entails for the tourist the fixed charge at least € 25 per person , plus any percentage of the unit price as indicated in the booking confirmation.
9 . Change or cancellation of the tour package prior to departure from the organization
Any significant change to the organizers, the tour package or one of its essential element is subject to acceptance of the tourist, under Article 41 Cod Rd. In case of rejection , the tourist may exercise the rights referred to in art.7.Il tourists can exercise the above rights also when cancellation is to force majeure and unforeseeable circumstances relating to the tourist package purchased . For cancellations other than those caused by force majeure, fortuitous events , as well as for those other than the lack of acceptance by the visitor of the alternative tourist package offered ( under the previous Article 7) , the organizer cancels the package tour that ( art. 33 letter . and the Consumer Code . ) will return to the tourist twice what was paid and collected by the Organizer. The amount to be refunded will not exceed double the amount of which the tourist would be on the same date the debtor in accordance with the provisions of art. 7 , paragraph 4 if he had to cancel .
10 . Changes after departure
The Organiser , if after the departure is unable to provide for any reason except for the fact its a tourist , an essential part of the services included in the Contract, will provide alternative solutions , without additional cost to the tourist and if the services provided are of lower value than those provided for in the Agreement, to reimburse an amount equal to such difference . If it is not no alternative solution , or the solution offered by the Organiser is refused by the tourist for serious and justified reasons , the Organizer will provide at no extra cost , a means of transport equivalent to that originally planned to return to the starting point or any other agreed place , consistent with the availability of the means and places available and will compensate for the difference between the cost of benefits provided and the services performed up to the time of the anticipated return .
11 . substitutions
You can not change the name of the tourist defeatist with another person. The replacement of a participant involves the cancellation of the tour package .
12 . Obligations of tourists
The visitor is required to provide to Organizer all documents, information and evidence in its possession relevant to the exercise of the right of subrogation against third parties responsible for the damage and is responsible to the Organiser of the injury caused to the right of subrogation. Tourists also communicate in writing to the Organiser , at the time of purchase, any special personal requests that may be the subject of specific agreements on travel arrangements, provided that it is possible to implement. The tourist is obliged to inform the Organiser of any of its requirements or special conditions ( pregnancy, food allergies , disabilities , etc. ) , by signing the consent to the processing of sensitive data, and to specify explicitly the demand for personalized services . In the absence of such written consent will not be possible for the Organization to fulfill contractual obligations. The form relating to the consensus that the tourist must complete and sign will be provided by the Call Center.The Organise
Notwithstanding the provisions in the Contract , the tourist is required, in the use of the individual services that are part of the package, to comply with the obligations laid down in the general conditions applied by the respective suppliers.
13 . hotel classification
The official classification of accommodation establishments is provided on the Site only in accordance with explicit and formal indications by the competent authority of the country in which the service is provided. In the absence of official recognized classification of the competent Public Authorities of the countries members of the EU where the service is provided, the Organiser reserves the right to provide your own description of the structure , so as to permit an evaluation and subsequent acceptance by the tourist.
14 . Liability regime
The organizer is liable for damages caused to the tourist due to total or partial performance of the contract , whether these are performed by him or by third party service providers , unless he proves that the event was caused by the tourist ( including initiatives undertaken by the latter in the course of the tourist services ) or by the fact that one-third to unforeseeable or unavoidable or by circumstances beyond the provision of services under the contract , by accident , by force majeure, or by circumstances that the organizer could not , according to the professional diligence reasonably foresee or resolve.
15 . Limitations of damages
Compensation for personal injury due to the Organiser shall not in any case exceed the limits provided for by international conventions to which they are part of Italy and the European Union in relation to the services whose failure led to its responsibilities. In particular, the compensation limit can not exceed in any case the amount of 50,000 Germinal Gold Francs for damage to people , the amount of 2.000 Germinal Gold Francs for damage to property and the amount of 5.000 Germinal Gold Francs for any further damage (Article 13 , no. 2 , CCV) .
16 . Duty of care
The Organizer is obliged to provide assistance measures imposed by the tourist professional standard of care only in respect of obligations at their own expense required by law or the Contract . The Organiser shall be relieved from its liability (Art. 14 and 15) when the failure or improper performance of the contract is attributable to the tourist or is dependent on a third party to unforeseeable or unavoidable, or by a fortuitous event or force majeure .
17 . Claims and complaints
Any failure in the performance of the Contract must - on pain of forfeiture - be challenged by tourists through timely submission of claims, including for the purposes of art. 1227 cc , so that the Organiser , its local representative or guide can remedy the situation promptly . Otherwise it can not be denied the breach of contract. The tourist must , under penalty of forfeiture complaint by sending a registered letter with acknowledgment of receipt , or other means to ensure proof of receipt to the Organizer or the intermediary , no later than ten working days from date of return to the starting point .
18 . Insurance against cancellation fees
If not expressly included in the price , it is possible, and advisable, to enter into when buying online , requesting the Call Center or at the travel agency special insurance policies expenses deriving from the package, injuries and loss or loss of luggage. Details of the insurance premiums and the general conditions of the policy are listed on the site , the pages " services ."
19 . Guarantee Fund
And ' established at the Directorate General for Tourism of Productive Activities National Guarantee Fund ( also referred to as the "Fund" ) , which the tourist can' turn ( pursuant to art. Cod 51 Rd. ) , In the case of insolvency or bankruptcy of the intermediary or the Organiser said , for the protection of the following requirements :
a) return of the price paid; b ) repatriation in case of travel abroad.
The Organizer is conducive to the Fund to the extent provided in paragraph 2 of Article . 51 Cod Rd. through the payment of the insurance premium that is required to enter into mandatory , part of which is paid to the Fund in the manner provided for by art. 6 of the Ministerial Decree 349/99 .
20 . Right of withdrawal
Pursuant to art. 32 , para. 2 Cod Tur, notice is hereby given to the tourist the exclusion of the right of withdrawal provided for in art . 64 et seq. The D.L.gs. n . 206/2005 ( Consumer Code) .
GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE TOURIST SERVICES
1 . regulatory provisions
Contracts relating to the offering of the only transport service , accommodation or any other separate tourist service can not be configured as a case in point of travel or tourist package , are governed by the Law 27/12/1977 n . 1084, ratifying and implementing the International Convention on the Contract for Travel ( CCV) signed in Brussels on 23.04.1970 by the Tourism Code ( Decree 79/2011 ) .
2 . Contract of travel intermediary
2.1 Any contract entered into by the intermediary of travel with a tour operator or persons providing separate services , it is considered as if it were concluded by the Tourist . 2.2 Where the contract of travel intermediary in the provision of a separate service that allows you to make a trip or a holiday , the travel intermediary shall issue to the Tourist documents related to this service bearing his signature that can ' be replaced by a stamp . These documents report or the invoice for the amount paid for the service and the indication that the contract is settled , notwithstanding any clause to the contrary by the following provisions of the CCV : art. 1 , 3 and 6 , art. 17 to 23 ; art . from 24 to 31, with regard to provisions other than those relating to organization contracts and other agreements concerning the sale of the single service in the Contract. 2.3 In contracts for the sale of individual travel services are subject to the following clauses of the general conditions of contract for the sale of packages above : art. 4, paragraph 1 , art. 5, paragraph 2 , art. 12 , art. 17 , the application of these clauses do not determine the configuration of its contracts as a package. The terms used in said clauses regarding contract for tourist package ( eg , organizer, travel, etc. . ) Can be understood with reference to the corresponding figures of the contract of sale of individual travel services (eg, seller, accommodation etc.).
3 . Parts of the travel contract
The parties to the contract are: 3.1 The Intermediary Travel : MYLAND Ltd, pursuant to art. 1 CCV "Whoever undertakes to procure by means of a price contract for the organization of the trip, or one of the separate services that allow you to make a trip or a longer stay ." 3.2 The Traveler / Tourist: anyone take advantage of one of the benefits of the contract of travel intermediary or organization of travel is that the contract is entered into and 7th the price paid by them or by third parties.
4 . Ways to buy tourist services
4.1 The purchase of travel services is possible in the following ways 4.1.1 The Tourist must provide all the necessary data acquisition ( name, social security number, e-mail address , etc. . ) And those of their credit card . MYLAND , after receiving confirmation of coverage of the credit card by the issuing bank or wire transfer , shall immediately sending a confirmation e -mail containing the details of the purchase. Any details not properly reported must be reported by the Tourist Call Center using the number on the booking confirmation .
5 . Request for change on the part of the tourist
5.1 Changes requested by the tourist when the booking was already confirmed not require MYLAND in cases where it is not possible to meet them. 5.2 Requests for amendment and / or cancellation fee will be charged insurance premiums if applicable, the percentage of the total price as indicated in the statement . 5.3 Changes to the travel fee will also be charged 25 EUR per person as expenses.
6 . Responsibility of the intermediary in case of changes and / or cancellations by the suppliers of travel services
6.1 The Tourist acknowledges that the individual service provider may make, at any time , changes to travel services booked . 6.2 Given that MYLAND , as agent , is not liable for the total or partial marketing of tourism services that nevertheless inform the Tourist, in writing ( e-mail ) to the extent and with the times in which in turn will be informed by supplier of the type of change. 6.3 Any refund of the sums paid by the Tourist will be arranged according to the laws or regulations applicable to each service provider. 6.4 MYLAND shall also not be liable for any damages arising from cancellations or changes to travel services due to force majeure . Such events include, but not limited to : war, terrorist activity , strikes, fires, epidemics , hurricanes and other actual or potential serious environmental disasters.
7 . Complain
7.1 Any dispute concerning performance of the contract must be contested by Tourists without delay to MYLAND affinchéMYLAND , on behalf of the third party vendor, or the third party supplier may ask you the same remedy in a timely manner . 7.2 The Tourist can also file a complaint by sending a letter or other means that provide proof of receipt to the organizer or intermediary, within ten working days from the date of return to the place of beginning.