GENERAL CONDITIONS OF USE OF THE GATTINONI TRAVEL NETWORK ONLINE PLATFORM FOR THE PURCHASE OF INDIVIDUAL SERVICES AND WEB PACKAGES.
Introduction -
The services contained in the website www.experience.nittoatpfinals.com are offered by the company GATTINONI TRAVEL NETWORK SRL – SOC.UNIPERSONALE (GTN) both as an intermediary in the sale of tourist products offered by other organisers and as an organiser in its own right, in accordance with all applicable laws and regulations
Company information:
Corporate capital: EUR 1,000,000
VAT and Companies’ Register no. 02713750137
Civil Liability Insurance Policy ADV TO no. 170788218
Travel and Tourism Agency Licence Holder “No. 21414 OF 08.06.2006
Only tourist packages, sold under the contract governed by these general conditions, are assisted by a warranty for the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist, in cases of insolvency or bankruptcy in accordance with the provisions of art. 47 of the Tourism Code. To this end, GTN, in order to fully comply with this obligation, has entered into, “for the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist in cases of insolvency or bankruptcy”, the Vacanze Felici (Happy Holidays) fund.
GTN as the Official Tour Operator of the NITTO ATP FINALS has chosen to publish and make available on the website both individual services and packages specifically designed for this event to which these conditions are addressed and which form an integral part thereto
Definitions:
Visitor: any user who is not registered to the Site.
User: the user registered to the Site.
Authentication data: E-mail and password used by the user to access the Site.
Supplier: The companies contracted by GTN that supply products that can be purchased online also via XML integration.
Provider: The actual provider of the service contracted by the Supplier or GTN.
Traveller: any person who intends to conclude a contract, enters into a contract or is authorised to travel on the basis of a contract for a tourist package or tourist service, including a related one;
Professional: any individual or public or private legal entity who, as part of his/her commercial, industrial, artisanal or professional activity, acts, in contracts for tourist packages or related tourist services, including through another person acting in his/her name or on his/her behalf, as an organiser, seller, professional facilitator of related tourist services or tourist service provider, in accordance with the regulations in force.
Organiser: a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the traveller to another professional in accordance with Article 33(c)(2.4) of the Tourism Code.
Seller: the professional other than the organiser who sells or offers for sale packages combined by an organiser.
Durable assistance: any instrument which enables the traveller or the professional to store information addressed personally to him/her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the identical reproduction of the information stored.
Unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
Lack of conformity: non-performance of the tourist services included in a package.
Minor: a person who has not reached the age of majority and does not have the capacity to act and to enter into contracts and other legally valid transactions independently.
Return: the return of the traveller to the place of departure or to another place agreed upon by the contracting parties.
Reservation: Order forwarded through the website www.experience.nittoatpfinals.com
Charter flight: flight operated by an airline with an aircraft chartered by the Tour Operator; this type of flight is not included in the list of flights regularly operated by an airline. Also known as an ITC flight. The schedules of these flights are generally unknown at the time of purchase, particularly for flights chartered for certain tourist destinations during a specific period, with one or more stopovers if the flight plans and schedules are confirmed by and no later than 24 hours before departure.
Commercial flight: Flight operated regularly by a scheduled airline.
Low-cost flight: Flight operated regularly by a low-cost airline company that limits the ground and in flight services and provides paid services (checked baggage, meals and drinks on board) some of which cannot be purchased according to the rules of the carrier itself, to which reference should be made for consultation of the general conditions of sale and carriage.
1. Obligations of the Registered User
The registered user guarantees the truthfulness and accuracy of the information provided by him/her in his/her own name and on behalf of all the beneficiaries of the services booked on the Site and for which he/she is the representative, to whom these general conditions of sale are applicable in their entirety. GTN cannot be held liable in any way if the information provided by the User upon registration and/or order (name, postal address, email, telephone, etc.) is false or incorrect. It is specified that the names and surnames of the participants in the trip, entered by the User at the time of registration and which appear in his/her personal area are automatically reported in the fields relating to the identity of passengers during the booking process: it is the responsibility of the User to verify for each order that the information entered by him/her relating to the passengers using the services is correct and, if necessary, to modify it before completing the booking. The registered User undertakes to safeguard the confidentiality of his/her access credentials and not to communicate them in any way to third parties. GTN cannot be held liable for any fraudulent or malicious use of its account, except in order to prove that such use does not result from any fault or negligence on its part. GTN reserves the right to refuse any booking request from a registered User at any time if it appears that the User himself/herself is using the Site fraudulently.
2. Terms of use
These general conditions govern the use of the website www.experience.nittoatpfinals.com by the user and the sale of the tourist services proposed in GTN electronic catalogues (by way of example only, stays, tours, hotel accommodations) available on the Site.
The General Conditions form a binding agreement between GTN and the registered user who uses the Site to book and purchase the Services. The registered User is also subject to the special conditions applicable to the individual Services (among which, the details about the destination, the date of departure and the duration of the trip, the price, the applicable taxes, including local taxes, where these are not reasonably calculable prior to the conclusion of the contract, but which the traveller may still be required to pay on site and which are not specified in the GTN online catalogues because they cannot be prepaid. The user can check the amounts that cannot be prepaid directly on the websites of the suppliers/institutions). These special conditions form an integral and substantial part of the contract between GTN and the registered User. The use of the Site, the booking and the purchase of the Services are subject to the acceptance of these General Conditions by the registered User. The registered User is therefore required to read and accept expressly and in full the General Conditions as well as any special conditions applicable to the individual Services, by ticking the appropriate box or clicking on the hypertext link provided for that purpose. In the absence of acceptance of the General Conditions and any special conditions applicable to individual Services, confirmation of the reservation and purchase of the Services will not be technically possible. The General Conditions provide for a different regulation depending on whether the User purchases the Services as a whole or as part of a “tourist package”.
“Tourist package” means the combination of at least two different types of tourist services (i.e.: 1. the transport of passengers; 2. accommodation that is not an integral part of the transport of passengers and is not intended for residential purposes or long-term language courses; 3. the rental of cars, other motor vehicles or motorbikes requiring a Class A driving licence for the EU (this is the wording of the rental of cars directive, other motor vehicles within the meaning of Article 3(11) of Directive 2007/46/EC of the European Parliament and of the Council (1), or motorcycles requiring a Category A driving licence in accordance with point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30. 12.2006, p. 18) 4. any other tourist service which is not an integral part of any of the tourist services listed in points 1), 2) or 3), and which is not a financial or insurance service, nor can be qualified as a “supplementary tourist service”) for the purposes of the same trip or holiday, if at least one of the following conditions is met: 1. these services are combined by a single professional, even at the request of the traveller or in accordance with his/her selection, before a single contract is concluded for all the services; 2. these services, even if concluded under separate contracts 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 billed at a flat rate or global price; 2.3) advertised or sold under the name “package” or similar name; 2.4) combined after the conclusion of a contract by which the professional allows the traveller to choose from a selection of different types of tourist services or purchased from separate professionals through linked electronic booking processes where the name of the traveller, the payment details and the e-mail address are transmitted by the professional with whom the first contract is concluded to one or more other professionals and the contract with the latter professional or professionals is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
A “related tourist service” means at least two different types of tourist services purchased for the purposes of the same trip or holiday, which do not form a package, and which involve the execution of separate contracts with individual tourist service providers, if a professional facilitates, alternatively: 1) at the time of a single visit or a single contact with its sales outlet, the separate selection and payment of each tourist service by travellers; 2) the targeted purchase of at least one additional tourist service from another professional when this purchase is concluded within 24 hours.
The General Conditions may be modified at any time, without prior notice, provided that such modifications will not be applied to orders placed by the registered User prior to the modification. Therefore, the registered User must carefully read the current text of the General Conditions before making a reservation and purchasing the Services
3. Registration to the Site
Only consumer users who are individuals and of legal age are permitted to register. “Consumers” means individuals who access GTN for purposes not related to their commercial, entrepreneurial or professional activity. The provisions contained in Italian Legislative Decree no. 206 of 6.9.2005 (Consumer Code), in the Tourism Code as well as those in general applicable to the type of service provided by GTN in accordance with Italian Legislative Decree no. 70 of 9.4.2003 on the information society services and electronic commerce will therefore be applicable.
Users may freely consult the site but, in order to proceed to make purchases on the Site, the User must register by filling in the form accessible through the home page of the Site with his/her personal data. The User will also be required to enter his/her e-mail address and a secret password. The e-mail address and password will serve as authentication credentials (“Authentication Credentials”) for accessing all the features of the Site and the Services. The registered User represents and warrants that all personal data and information provided as part of the registration process is up to date, complete, true and correct. The registered User undertakes to promptly notify GTN of any change in his/her registration data. Furthermore, the registered User authorises GTN to verify the truthfulness and correctness of the registration data and other information provided and undertakes to cooperate with GTN to ensure the favourable outcome of such verifications. The registered User shall be solely liable for his/her own Authentication Credentials both with regard to their conservation and their use. Should the registered User become aware of any unauthorised use of the Authentication Credentials and/or any violation of the secrecy of the password, he/she shall promptly inform GTN of the situation. The registered User is solely liable for access to the Site by means of the Authentication Credentials and is directly liable for any damage or prejudice caused to GTN or third parties by improper use, loss, misappropriation by others or by the lack of protection of adequate secrecy of his/her Authentication Credentials. All operations carried out through the Authentication Credentials are considered carried out by the registered User to whom the Authentication Credentials refer. GTN reserves, at its own discretion and at any time, the right to:
- interrupt the contract with the registered User in the event of improper use of the site or use contrary to the executed terms and conditions of sale;
- refuse the registration of new Clients or cancel existing Authentication Credentials, without this resulting in the obligation to communicate the reasons for such decisions or the right to indemnity or compensation.
4. Offer Period
The tourist service offers that can be consulted on the GTN site are normally valid and can be purchased online for as long as they can be viewed on the Site, subject to availability, unless otherwise indicated in the offer itself, and may vary in real time in terms of availability, price and tariff rules. When the names are entered, the system checks all the services selected and informs the registered user of any variations. GTN endeavours to offer a realistic view of the services offered through the pictures and illustrations provided by the respective suppliers. The pictures and illustrations shown in the descriptions are, however, purely illustrative, are provided by the providers of the services proposed and may not reflect the conditions of the facilities and services at the time of booking as they are not constantly updated by the providers. In any case, the aforementioned pictures and illustrations do not bind GTN except to the extent that they indicate the category or level of services. The registered user may refer to the pictures and descriptions of the services published by the actual providers of the same on their respective official websites.
5. Prices and Taxes
GTN offers Services at special, negotiated and public prices. The descriptions of Services in our electronic catalogues specify for each type of trip and service the services included in the price and any special conditions applied to these services. The prices indicated are those in force at the time of booking. All our prices are quoted in euros and include VAT. In accordance with the VAT regulation for travel agencies (art. 74-ter of the Italian Presidential Decree no. 633 of 26 October 1972), all invoices issued by GTN do not show the VAT accrued on the services sold. The flat rate for trips and stays varies according to the period, the number of participants and the services selected. Our prices are contractual rates. No objection can therefore be raised in relation to the price of the holiday after the booking has been made. For services including accommodation and transport, prices are calculated on the basis of the number of nights and not the number of full days. Unless otherwise stated in the offer, prices do not include:
- the reservation fee;
- insurance (if not included);
- entry and exit taxes imposed by some countries, to be paid on site in cash, on arrival at destination or on departure;
- tourist tax/fee and/or any Resort Fee;
- the late check-out and early check-in supplement
- excess baggage fee
- airport parking
- the visas and the cost for completing the administrative and health formalities necessary for the trip (vaccinations, medical treatment, etc.)
- meals not included in the package of the accommodation chosen, and those consumed during the stopovers or transports in general;
- beverages consumed during meals (and not included in the chosen package);
- special fees or additional services for infants to be paid directly during the provision of the service;
- optional visits and excursions, entrance fees to museums and sites;
- paid activities (not purchased);
- personal expenses;
- mandatory tips for some countries;
- customary tips for guides and drivers during tours or cruises.
Everything not specified within the purchased services
.
6. Airport Fees
Airport fees are included in the final price of the travel package (which includes a flight). It remains understood that authorities of certain countries may impose additional local taxes, which will be due by the registered User and shall be paid on site.
7. Price Variations
The price of the tourist package is specified in the contract, with reference to what is indicated on the GTN website.
It may be varied, either upwards or downwards, only as a result of changes in:
– transport costs*, including the cost of fuel*;
– fees and charges related to air transport, landing, disembarkation or embarkation fees at ports and airports;
– currency exchange rates* applied to the relevant package.
For such variations, reference shall be made to the exchange rate and prices in force on the date of publication of the programme or on the date indicated in any updates published on the website.
In any case, the price may not be increased during the 20 days prior to the departure and the revision may not exceed 8% of the original price.
In the event of a reduction in price, the organiser is entitled to deduct the administrative and management costs of the actual paperwork from the refund due to the traveller, for which he must provide proof at the request of the traveller.
The price includes:
a) registration fee or management fee (if any);
b) participation fee: specified in the catalogue or in the package quote provided to the seller or traveller (including via online shopping cart);
c) cost of any insurance policy premiums (included or selected by the user) against the risks of cancellation and/or medical expenses or other services requested;
d) cost of any visas and entry and exit taxes to/from the holiday destination countries;
e) airport and/or port taxes and charges.
If the increase is lower than or equal to 8% of the overall price of the package, this amount will be automatically charged to the credit card with which the registered User has paid for the reservation and a notice will be sent by email to the address provided by the User. It remains understood that for Services that constitute tourist packages, the increase in price may not in any case exceed eight per cent (8%) of its original amount and if the price increase exceeds this percentage, the User shall be entitled to withdraw from the contract, without incurring any costs or penalties, provided that the withdrawal is notified in writing within two (2) working days from the date of receipt of the notice of variation by replying to the same e-mail. In the absence of express notification from the User within the aforementioned term, the proposed price change shall be considered as accepted. Should the User exercise withdrawal beyond the deadline, he/she will be charged the applicable penalties.
Price increases for tourist services and packages purchased via the platform will only be possible as a result of changes concerning:
fees and charges related to air transport, landing, disembarkation or embarkation fees at ports and airports
8. Currencies and Exchange Rates
Fees on the website, when presenting individual products and confirming services, unless otherwise stated, are to be considered expressed in euros; decimal values, even if not expressed, are to be considered zero.
9. Specific terms and conditions applicable to dynamic packages
Fares and availability of services may change during the purchase process. Airfares, by way of example, change continuously and at any time, depending on aircraft occupancy and seasonality. It is therefore specified that the final offer constituting the price is made only after the choice has been made by the registered User and more precisely only after the names of the travellers have been entered.
10. Duration of the trip
The duration of the trip includes:
- the day of departure from the time of the call-out at the airport;
- the day of the return trip until the time of arrival at the airport.
Prices are calculated on the basis of the total number of travellers, the number of rooms and the number of nights, and not of the whole days. For car rentals only, rental hours are counted. A night is defined as the period during which the room is available (indicatively from 2:00 p.m. on the day of arrival to 11.00 a.m. on the day of departure, different times may apply for some particular facilities). The first and last days are generally dedicated to transport. Therefore, should the first and last days and/or nights be cut short as a result of airline schedules due to late arrival or early departure, no refund will be recognised. The same applies if the stay is extended. No damage compensation will be recognised in the event of return on the day following the day specified in the contract. In the case of charter flights, we recommend that you take such possibility into account and organise yourself accordingly, both personally and professionally. The user shall also notify GTN in writing at the time of booking and therefore prior to the sending of the confirmation of the booking of services by GTN of the specific personal requests that may form the subject of specific agreements on the travel arrangements, provided that it is possible to implement them and they can in any case be subject to specific agreement between the traveller and GTN.
11. Acceptance of the offer
In the event of booking of a Service through the Internet, the registered User shall be required to enter his/her credit card details, which shall be processed in compliance with the provisions of Regulation (EU) no. 679/2016 and Italian Legislative Decree no. 196/2003 as amended by Italian Legislative Decree no. 101/2018 and by using safe systems. In order to complete the purchase process, once the credit card details have been entered, the user will be required to click on the PAY or similar button.
Any errors found after the completion of the order and any expenses for the correction will be entirely borne by the user, as GTN has no responsibility in the manual entering of data during the booking by the user.
12. Payment and Billing
Online payment may be carried out by means of:
- Credit card or prepaid rechargeable card belonging to the circuits indicated on the payment page at the end of the booking process;
- Paypal account;
- Irrevocable bank wire transfer (Sofort or Mybank).
At the end of the purchase, the registered user will be sent a booking confirmation email. Payment for purchased services varies according to the tariff rules applicable to the services selected by the user. For services purchased at a non-refundable rate, the payment of the same is due immediately. For services purchased at a refundable rate, the payment is due within the time limit indicated by the system on the Summary page. If the shopping cart includes both non-refundable and refundable services, and regardless of the number of services purchased, the non-refundable deposit amount will be charged simultaneously with booking. The amount and payment deadline are always specified during the booking process on the Summary page. The system sends 2 email alerts 48 and 24 hours before the permitted payment deadline for both the payment and the individual services purchased at a refundable rate. Failure to pay by the permitted deadline will result in the automatic cancellation of the services originally booked without the right to a refund of any deposit paid. The registered user shall be solely liable for the chosen method of payment. In the event that, after the order has been completed, an error is found in the method selected, GTN may not be held liable in any way and shall not be obliged in any case to return part or all of the amount paid. The user warrants that he/she is fully qualified to use the credit card or other payment method permitted by the site that he/she is using for the purchase and that the method chosen gives access to sufficient funds to cover all the costs necessary for each transaction requested. It is not possible to perform a single transaction by using more than one of the payment methods proposed. The debit authorisation given to GTN for the payment of the booking is irrevocable. Therefore, the registered User is not allowed to oppose the payment except solely in the event of fraudulent use of the same by a third party. Outside of such limited and legally regulated circumstance, in the event of opposition to payment the credit card holder is guilty of fraud against the credit card issuer. The right to object to payment cannot replace the exclusion of the right of withdrawal. The invoice is issued and simultaneously sent electronically to the user by the 15th day of the month following payment. The invoice is issued in the name of the individual who made the booking, i.e. the registered user, and the name on the invoice cannot be changed after the sale. Invoices may not be issued vis-à-vis legal entities/persons holding a VAT number. The amount on the invoice indicates the total amount of the package, which may not under any circumstances be fragmented or allocated to more than one person.
13. Exclusion of the right of withdrawal
In accordance with Article 41 of the Tourism Code, the registered User may not withdraw without paying the cancellation fees in relation to reservations and purchases of tourist packages made with GTN. Therefore, the relevant cancellation fees are applicable to the registered user who withdraws from the distance contract. In accordance with Article 47, paragraph 1, letter g of the Consumer Code we inform you that in contracts concluded at a distance the right of withdrawal is excluded. Pursuant to Article 59 of the Consumer Code, Italian Legislative Decree no. 206 of 6 September 2005, as amended by Italian Legislative Decree no. 21 of 21 February 2014, the right of withdrawal is excluded in relation to contracts for the provision of accommodation, transport, car rental, catering services or services relating to leisure activities, if the contract provides for a specific date or period for the service. For this reason, the cancellation fees set out in each individual service or by the respective tariff rule shall apply to consumers withdrawing from the distance contract.
14. Delivery of travel documents
On confirmation of the booking, the registered User will receive a summary of the booking by e-mail as well as, for information purposes, the transport timetables if included in the booked offer. These timetables may be subject to change. The final timetables are generally confirmed by the day before departure and will be indicated in the travel documents. The travel documents will be sent by e-mail to the e-mail address provided by the User or may be downloaded in the personal area by the same registered user, for all participants included in his/her booking, as soon as they are available and in any case not before payment of the balance. In the event that the registered User makes a mistake in entering his/her data (e-mail, telephone, etc.), GTN shall have no liability for the non-execution or inexact performance of the trip due to the non-receipt of the travel documents. In the event of the purchase of packages including air transport, the boarding passes must be picked-up at the airport if they are charter flights, unless indicated in the tour operator's invitation. On the other hand, scheduled or low-cost flights generally allow the option of checking in online directly on the websites of the respective carriers, by printing the boarding pass in advance. For some airlines this procedure is mandatory before departure; the registered user shall carefully read the notices published in relation to such obligation on the corporate websites of the respective carriers and shall carefully follow the instructions included therein. Given the variability of air transport rules, the registered Users is advised to always read the conditions of carriage of the chosen airline before departure.
15. Administrative and health requirements
Travelling is only allowed with a valid identity card or passport in good condition, depending on the country of destination. As a general rule, a valid passport is required for foreign destinations outside the European Union. By way of example, some countries require that the passport be valid for a minimum of three months up to a maximum of six months after the date of return, that the passenger have a return ticket or exit slip and sufficient funds for the period of stay and for repatriation. Similarly, in order to obtain an entry visa, some countries require the passenger to prove that he/she has executed an assistance/repatriation insurance policy. The administrative and/or health requirements for making the journey can be consulted directly by the user on the following websites: http://www.viaggiaresicuri.it/, without forgetting the countries of stopover or transit countries. We also recommend Italian citizens to check in advance the adequacy of their documents by consulting the official site of the state police: http://www.poliziadistato.it/articolo/1087 and the site of the World Health Organisation www.who.int, and of Easa https://www.easa.europa.eu/covid-19-travel-information. In particular, GTN invites tourists with Italian citizenship to check with the competent authorities that their documents are up to date, including those of minors, valid identity cards or passports, visas, mandatory and/or recommended health treatments. It is the responsibility of the tourist to obtain the necessary travel documents in accordance with the requirements of the customs and immigration office and to check for any changes in the relevant legislation. The registered User must carefully comply with these formalities and ensure that the names and surnames indicated on the travel documents (reservations, tickets, vouchers) correspond exactly to those shown on the relevant identity documents, passports, visas, etc.. GTN cannot, therefore, be held liable in the event of failure by the User to comply with the aforementioned obligations, particularly in the event that the User or Travellers for whom the registered user has made a reservation on the site are refused boarding or disembarkation or are subject to a penalty. GTN cannot under any circumstances be held liable for the costs and consequences deriving from failure to comply with the customs or health regulations of the countries visited. When the service includes visa fees, it remains understood that GTN cannot be held liable if the embassy of the country of destination refuses to issue a visa. GTN would like to remind you that the authorities of the country of destination remain the only ones entitled to authorise or deny access to their territory. In the event of a visa refusal, the user shall directly contact the embassy of the country of destination in order to figure out the possibility of an appeal and the steps to be followed.
16. Minors
From 26 June 2012, all Italian minors will only be allowed to travel with an individual travel document. It follows that from that date, all entries of minors in their parents’ passports are no longer valid. At the same time, parents’ passports with entries for minors will remain valid for the holder only until their natural expiry date. Please pay attention: the new provisions require that Italian minors under 14 years of age travelling abroad unaccompanied by at least one of their parents or their legal guardian must carry a declaration of accompaniment stating the name of the person, organisation or transport company to which the minor is entrusted, signed by the person exercising parental authority over the minor and endorsed by the bodies responsible for issuing the passport. Minors may also benefit from the “Visa Waiver Program”, but only if they hold an individual passport, as their registration on their parents’ passport is neither sufficient nor valid. If a child under the age of 14 is travelling with his/her parents (even just one), there is no need to attach an accompanying declaration to the child’s passport, as the personal details (also in English and French) of the living parents are indicated on page 5 of the new 48-page passport booklet. For legal, religious, social or other reasons, at the request of a parent or subject to the instructions of the judicial authority, personal data may be omitted or deleted. For all accompanying persons other than parents who are authorised by them (declaration of consent), no mandatory registration (e.g. grandparents) on the document is required. Therefore, every time that a child under 14 years of age must travel abroad with an accompanying person other than his/her parents, the latter shall be required to sign the declaration of accompanying person, which will remain on file at the police headquarters, which will issue a unified form that the accompanying person will show at the border together with the child’s valid passport. GTN cannot under any circumstances accept the registration of an unaccompanied minor, regardless of his/her nationality, and declines all responsibility if, despite the ban, an unaccompanied minor is registered for a trip without his/her knowledge. Minors accompanied by a parent must be in possession of an authorisation to travel abroad if they do not have the same surname as the parent accompanying them. In any case, it is the User’s responsibility to check on the government website http://www.viaggiaresicuri.it the documentation necessary for minors to enter the individual country of destination, given the recent introduction of stricter procedures in some countries. Under no circumstance will GTN be liable for irregularities related to the documentation required for travel.
17. Foreign citizens
Citizens of foreign countries, both adults and minors, must contact the competent authorities in their country of residence or in the countries of destination before booking and purchasing Services on the website. For citizens belonging to the territory of the European Union, the prior acquisition of up-to-date information regarding the health, socio-political and meteorological situation and the necessary documents in the countries they intend to visit, represents a fundamental phase in the responsible preparation of the trip, as well as one of the obligations of the tourist, being it an appropriate and necessary activity in order to avoid facing unpleasant situations. In this regard, please refer to some useful sites where you can find updated information: • www.viaggiaresicuri.it, a site for updates on general information about the specific destination; • www.salute.gov.it (or you can contact the local health authority); • www.poliziadistato.it (or you can contact the local competent Police Headquarters) for information on passport applications; • www.nhc.noaa.gov, a site of the National Hurricane Center of the United States that contains real-time information on the path and evolution/devolution of cyclones, hurricanes, tropical depressions in the U.S. and Caribbean area. Tourists must have a valid passport (from a minimum of 3 months up to a maximum of 6 months after the date of return from the trip, depending on the country of destination). The validity of personal documents required for travelling abroad should always be checked with the competent authorities. The obligation to check the regulations in force and the need for any entry visas to be carried out at the Consulate of the country of origin and destination applies even more to non-Italian citizens or those with dual citizenship and to passengers who do not belong to the European Union, for whom rules relating to legal systems other than the Italian one or different from each other apply.
18. Special rules for destinations or stopovers
18.1 In the United States
If your trip involves a transit or a stay in the United States, please note that starting from 12 January 2009, you must obtain an ESTA authorisation (Electronic System for Travel Authorization) in order to travel to the United States under the Visa Waiver Program. This authorisation must be obtained prior to boarding a means of transport, whether by air or sea, en route to the United States. Citizens of countries eligible to participate in the Visa Waiver Program can for some time already apply for this early authorisation by accessing the Electronic System for Travel Authorization (ESTA) via the Internet. In order to enter the United States of America under the Visa Waiver Program, you must be in possession of one of the following documents:
• electronic passport, issued starting from 26 October 2006
• machine-readable passport issued or renewed before 26 October 2005
• passport with digital picture issued between 26 October 2005 and 26 October 2006.
Furthermore, it is required to:
• travel for business and/or tourism only
• stay in the United States for no longer than 90 days
• own a return ticket
Please note that it is the responsibility of passengers to obtain the necessary travel documents in accordance with the requirements of the customs and immigration office. Passengers without the correct travel documents will not be allowed to board and will not be reimbursed for their journey or may be turned away at the border. Please note that as of 27 January 2017, the possibility of using the Visa Waiver Program has been limited to citizens with dual citizenship including one in the following countries: Iran, Iraq, Syria or Sudan, as well as for those who have travelled to the aforementioned countries since 1 March 2011, with exceptions for certain specific categories of travellers.
18.2 Generally in all other countries
Due to the on-going pandemic, many countries have temporarily suspended the granting of online visas or introduced specific rules/restrictions that can be consulted on their relevant institutional websites.
19. Accommodation and stay
Hotel ranking
The number of stars awarded to a hotel indicated in the description corresponds to a classification established according to the local regulations of the country in which the service is provided and may therefore differ from those in force in Italy or Europe. We try to be as accurate as possible in informing the user about the conditions of the hotel facility. We reserve the right, for technical reasons, in the event of force majeure or third-party fault, to replace the envisaged hotel with a facility of the same category offering equivalent services. These are exceptional cases of which the registered User will be informed as soon as we become aware of it.
Check-in and check-out
We would like to inform the registered User that the international rules applicable to hotel facilities provide that rooms must be made available to clients, in general, no earlier than 2.00 p.m. on the day of arrival and must be vacated by 11.00 a.m. on the day of departure, regardless of the arrival/departure time of the booked transport (these timetables may also change considerably for certain types of facilities or facilities located in special places). Unfortunately, it will not be possible to deviate from this rule. Any “early check-in” or “late check-out” service may be agreed in advance with the hotel and paid for on the spot or as communicated by the hotel. GTN cannot be held liable for the correct provision of services agreed between the hotel facility and the registered user or the travellers.
Accommodations
Single rooms: A single bed is available. They are subject to a supplement, are offered in a limited number and are often less spacious, less comfortable and located in less favourable positions than other rooms, especially on cruises, where they are often located near the engine room.
Double rooms: They have two single beds or rarely a double bed.
Triple rooms: In most cases, they look like a double room to with a temporary bed is added (note that the third bed may be smaller than the standard size). In countries such as Central and South America, the United States, the Caribbean and the United Arab Emirates, double rooms may have more spacious beds and may be used as triple or quadruple rooms without the addition of extra beds.
Quadruple rooms: In most cases, they look like a double room to which two temporary beds have been added (please note that the third and fourth beds may be smaller than the standard size). In the event of 2 adults and 2 children, if it is not possible to accommodate more than three people per room, two neighbouring or communicating double rooms will be requested (as far as possible) and in this case the adult rate will be applied (unless otherwise stated).
Family rooms: Some triple or quadruple rooms are equipped with three or four standard-sized beds and therefore do not imply any reduction.
Cabins: On cruise ships, cabins generally offer more restricted space than hotel rooms. For example, at equivalent star ratings, the level of space and comfort of cabins on cruise ships is generally lower than in local hotels.
Meals
Meals depend on the chosen package.
All inclusive: it includes overnight stay, breakfast, lunch, dinner and drinks during meals (e.g. mineral water, fruit juices, soft drinks, wines, local spirits) generally from 10.00 a.m. to 10.00 p.m.. Some alcoholic beverages may not be included in this package and will be billed directly by the hotel.
Full board: it includes overnight stay, breakfast, lunch and dinner, drinks not included.
Half board: it includes overnight stay, breakfast, lunch or dinner, drinks not included.
In the event of full or half board, beverages are excluded, subject to exceptions duly indicated in the description.
In some countries, hotel facilities are not equipped with drinking water, in which case the purchase of drinking water bottles shall be borne by the User. All additional consumptions not included in the formula must be paid directly on site to the hotel facility. The hotel’s/facility's regulations must be complied with on site, especially regarding the opening hours of restaurants, bars and places where meals are served.
Activities offered during the holiday
Some of the activities offered may involve risks, especially for children. GTN may in no way be held liable for accidents or injuries attributable to the registered User or to the actions of third parties, or to an act of God or force majeure events. In particular, the excursions, the services and the services purchased by the tourist on site and not included in the price of the tourist package are extraneous to the contract entered into by GTN in the capacity of organiser or provider. Therefore, no responsibility may be ascribed to GTN either in the capacity of organiser or service intermediary even in the event that, as a courtesy, local residents, accompanying persons or correspondents may take care of the booking of such excursions.
GTN does not guarantee that the on-site activities listed in the description will actually be carried out and will not be held liable in any way if these activities are cancelled by the local facility providing the service due to weather conditions, force majeure, out-of-season stays or if the minimum number of participants required to carry out the activity is not reached (e.g. group sports, baby club). For example, at the beginning or end of the tourist season, some activities may not be running, some facilities (restaurants, swimming pools, etc.) may be closed and maintenance work may be underway. The number and frequency of entertainment and sports activities may vary depending on the number of guests in the facility and weather conditions. In particular, for example, it may happen that in high season the number of umbrellas, deckchairs and sports equipment is insufficient. The opening hours of bars, restaurants and discos may be irregular and depend on the management of the resort. Most beaches, even those described as ‘private’, are in fact open to the public, so they may not be cleaned on a regular basis. The sports activities offered on registration are often organised by staff outside the hotel. Travel may therefore be necessary, the cost of which shall be borne by the traveller. It may also happen that these activities are cancelled despite the good will of the organiser due to insufficient numbers of participants. This will not entitle the User to any refund. Prior to any booking, the User is required to inform himself/herself of any local events such as, for example, carnival, religious festivals, national holidays, fairs that could jeopardise the success of the trip. No complaint can be made to GTN in this regard.
20. Infants
Parents of infants are advised to ensure that they have everything they need for their children’s meals before departure as some foods are not always available in the destination countries. The User may be asked to make a contribution on site, for example in order to heat up baby food and feeding bottles and/or to add a cot, which must be requested at the time of booking, for which GTN will not always be able to guarantee availability. Any such charge will be quantified on site and paid directly to the hotel facility.
21. Air transport
The conditions of performance of air transport are governed by:
- airlines’ conditions of sale,
- EU Regulation 261/2004 setting out common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights. This Regulation is applicable: to all companies departing from an EU airport; only for European airlines for flights from a third country to an EU airport, provided that there are no local rules on damage compensation in the country of origin.
Please note that the aforementioned EU regulation designates the actual air carrier as the exclusive debtor of the obligations of assistance and compensation for damage, it follows that these provisions cannot be applied against the company GTN.
- The Montreal Convention and the Warsaw Convention, concerning the delayed transport of passengers and damage to baggage in particular. With regard to the purchase of airline tickets, GTN acts as a simple intermediary between the registered User and the airline. The conditions of the performance of air transport depend on the airlines. At the time of delivery of the travel documents, GTN shall inform passengers of the identity of the actual carrier, subject to the provisions of Article 11 of EC Regulation 2111/2005, and of its possible inclusion within the so-called “black list” provided for by the same Regulation. Changes to timetables, itineraries, stopovers, airport changes, delays, missed connections and flight cancellations are among the typical inconveniences of air transport. In most cases, these inconveniences are due to the overcrowding of airspace at certain times, compliance with air navigation rules, and the time needed to provide services to aircrafts at the airports in order to ensure passenger safety. Direct flights may be ‘non-stop’ or involve one or more stopovers (according to the airlines, it is the same flight when the flight identification number is identical) with a possible change of aircraft, without GTN necessarily being informed. The same applies to connecting flights, which may involve a change of aircraft. When the User books a flight (scheduled, low cost or charter), which involves a stopover in one city and the subsequent flight departs from another airport in the same city, the traveller must ensure that he/she has sufficient time to reach the second airport. The Traveller shall be responsible for the cost of the journey to the new airport. GTN will not refund the cost of the journey and will not be liable in the event of a missed connection. When a city has several airports, the name of the airport indicated is only indicative and may be subject to change. GTN is under no circumstance liable for any variation in the timetable, delays, cancellations or other circumstances attributable to force majeure (including but not limited to strikes, bad weather, wars, earthquakes, epidemics) or to the Traveller (including but not limited to showing up at the airport after the scheduled time, refusal to board due to failure to comply with the required administrative or health formalities, failure to show up for boarding). In the event of complaints about inefficiencies related to air transport, the user must refer exclusively to the terms and conditions of the airline concerned, by connecting to the official website and following the procedure in the complaints section.
Special conditions for charter flights
In addition to the above-mentioned conditions of transport, charter flights are subject to the specific conditions set out below. Seats available to the User on a charter flight that are not used by the Traveller, either on the outbound or return trip, will not be refunded, even in the event of a change of date. If the User/Traveller chooses not to use a charter flight in favour of a scheduled flight, he/she will be charged the full cost of the trip at the applicable fares.
Failure to show up at boarding
Failure to show up at boarding on an outward flight (charter or scheduled) automatically results in the cancellation by the airline of the return flight or connecting flights (“no-show rule”). This practice is attributable exclusively to the air carrier, which is solely liable for such conduct. GTN has no power in this regard and cannot therefore be held liable for the cancellation of the return flight and/or connecting flights with the same carrier by the airline. The User/Traveller must contact the airline counters present at the airport. The decision as to whether or not to maintain a reservation on the return flight or connecting flights remains, however, at the discretion of the airline. Any journey interrupted, curtailed or any other service not used due to the fault of the User/Traveller will not result in the right of any refund, including that of airport taxes. If the outbound or return flight is cancelled or delayed, the airline companies reserve the right to provide transport by another means (coach, train, etc.). If the User/Traveller organises the outward or return approach journey by himself/herself, it is advisable to book variable or refundable tickets in order to avoid any risk of financial loss. It is also advisable not to make any major commitments on the day of return or on the day after. The consequences of delays (by way of example, failure to board a scheduled flight) in the event of approach flights organised independently by the User/Traveller will under no circumstances be attributable to GTN.
For packages organised by Tour Operators, indicated on the travel documents, the return flight must absolutely be reconfirmed by the User/Traveller on site, within 72 hours prior to the scheduled departure, with the local correspondent or directly with the carrier. Please note that this procedure is mandatory and that, in the event of non-confirmation, the seat booked in the name of the User/Traveller cannot be guaranteed by the airline, which may assign it to others. This procedure does, however, allow confirmation of the timetables of the return flight, which may have undergone some variation. GTN will not be liable for any negligence on the part of the User/Traveller. For packages that include scheduled or low-cost flights, we advise the User/Traveller to check that the return flight has not undergone any changes by checking his/her e-mail inbox, the website of the airline or of the airport of departure of the flight within 24 hours prior to departure.
Each airline company has its own policy on hand and checked baggage and special baggage (e.g. sports equipment). The weight allowed for checked baggage, when included, is indicated on the travel documents sent by GTN only if not specified online when the service is selected by the registered user. The user/Traveller must refer to the conditions of carriage of the airline company used for the journey and/or the boarding pass. If the limit is exceeded, the User/Traveller must pay a surcharge directly to the airline company at check-in, provided that the airline allows the excess weight to be carried and quantifies the relevant cost. The airline company is not liable for the luggage entrusted to it by the User/Traveller except for the compensation provided for by the international regulations in force. In the event of damage, delayed arrival, theft or loss of luggage, the user is required, before leaving the airport, to make a report of the damage suffered. It is advisable to execute an insurance policy covering the value of such items. Infants under 2 years of age do not occupy seats: the price of their ticket is generally 10% of the official fare. Children (from 2 to 11 years old) may benefit from a discount on certain flights, except charter flights. Airlines may sometimes refuse boarding to a pregnant woman if they consider, based on the term of her pregnancy, that there is a risk of premature birth during the flight. For such reason, the User/traveller, if pregnant, shall check the conditions of carriage of the airline used for the journey before making the reservation. GTN cannot be held responsible for refusal of boarding by the airline due to the passenger’s failure to comply with the rules of carriage.
It is recommended to carry your medicines in hand luggage (especially those that you usually take) rather than in check-in baggage. Some medicines cannot be placed in check-in baggage, as the low temperatures in the cargo area may affect their effectiveness. If you wish to carry your medication in your hand baggage, we recommend that you carry it in its original packaging: this is not mandatory but it makes it easier to recognise them at security checks. You should also bring the package leaflet, which is useful both to prove the contents and use of each medicine and to check how to use the medicine in case of need during the trip. Your travel destination is important for knowing which medicines to take on the plane or not. The introduction of medicines in some countries is heavily regulated, so you should inform yourself carefully before departure. In order to inform the competent authority of the medical treatment you need to follow and the medication you need to bring, you will need to show a medical certificate, in English, stating the importance of the medical treatment. If you use contact lenses, in addition to not being allowed to carry more than 100 ml of solution in your hand luggage, please be aware that in the USA you will need a prescription to buy new contact lenses.
22. Liability
Our service providers are chosen with particular care. GTN will not be in any way liable for the non-performance or inexact performance of one of the items of the package or of a service attributable to the registered User/traveller, to a cause of force majeure, to a fortuitous event, or to a third party extraneous to the provision of the services set out by the contract. GTN liability is in any case limited to the services purchased from GTN, excluding all services purchased from third parties. The compensation for damages that may be due to the User/Traveller from GTN is governed by the Tourism Code as well as by international conventions where applicable. For all services intermediated by GTN the responsibility for the correct provision of the same is solely attributable to the actual providers.
23. Cancellation and change of reservation
Any changes can be requested by telephone by contacting the customer service or by e-mail by writing to experience@gattinoni.it. The request for a change of destination/hotel does not constitute a request for modification, but a true request for cancellation of the reservation originally confirmed by GTN in favour of a new one. In this case, therefore, the User must follow the procedure concerning cancellation. Penalties are always applied if services at a NON-refundable/NON-amendable rate have been selected by the registered user and subsequently purchased. Cancellation of travel by certain passengers only may result in the full cost of travel being charged. For change requests, GTN will check availability with the service provider(s) and send the user a quote as soon as it has the necessary information. Furthermore, a request for a change cannot be regarded as acceptance. All requests must be explicitly confirmed by GTN. In the absence of confirmation within 7 (seven) days of sending the change request, the user must consider that his/her request is not accepted and that his/her initial reservation is maintained. Any request to cancel an order must be made by the user directly on the Site. The amount of the penalties, updated in real time and calculated according to the cancellation rule for each service purchased, is indicated in the summary of the reservation that can be consulted by the registered user at any time. In the event of a cancellation, booking fees and insurance are never refunded. Likewise, external costs not included in the service and already incurred by the user on the actual date of cancellation or modification (in particular, including but not limited to: issuance of visas or travel expenses, vaccination fees, etc.) are not refunded by GTN.
Cancellation of the reservation by the user for any reason whatsoever does not in any way exempt him/her from paying the penalties. It is expressly agreed that any stay interrupted or any service not used by the user, particularly in the event of no-show at the airport or hotel or late arrival at the meeting place, will not give rise to any refund.
24. Cancellation due to the service provider
If, prior to departure, GTN needs to significantly modify one or more of the main features of the tourist services, the user/traveller may either accept the proposed modification or withdraw from the contract without paying withdrawal fees and GTN will refund without undue delay and in any case within 14 days of withdrawal from the contract all payments made by or on behalf of the user.
If the user does not accept the proposed modification, exercising the right of withdrawal, GTN may offer the user/traveller a substitute package of equivalent or superior quality. The user/traveller shall notify his/her choice to GTN within two working days of receipt of the notice. If the user/traveller fails to notify his/her choice within the aforementioned period, the proposal made is considered as accepted.
No compensation will be paid for the cancellation of the tourist package if the cancellation is due to the failure to reach the minimum number of participants required;
No compensation shall be due for the cancellation of the tourist package when the organiser proves that the lack of conformity is due to force majeure and fortuitous events.
There is also no compensation deriving from the cancellation of the tourist package when the organiser demonstrates that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of tourist services included in the tourist package contract and is unforeseeable or unavoidable.
25. Complaint
Any complaint for lack of performance or improper performance of the contract must be reported by the User/Traveller on site to the organiser of the package and in any case to the local representative (if any) /reception without delay, so that the organiser/provider can promptly remedy the situation unless this is impossible or it would incur disproportionate costs in view of the importance of the non-compliance and the value of the travel services concerned. Contracts concerning only the transport service, the accommodation service, or any other separate tourist service, cannot be considered as negotiated travel arrangements or tourist packages, and do not enjoy the protection provided by the Tourism Code and the contractual conditions of the individual provider or the actual issuer of the service shall apply. In the event of any inefficiency linked to flights and in the event of loss or damage to luggage during air travel, before filing any complaint, the User/traveller must contact the airline company: inform them of the inefficiency, loss or damage to the luggage before leaving the airport, then file a complaint, attaching the originals of the following documents: transport document, declaration of loss, receipt of luggage registration. In the event of loss or deterioration of baggage during air transport or in the event of flight delays, if the user/traveller has entered into an insurance to cover these risks, he/she must file a claim with the insurance company within the time limit specified in the aforementioned contract. The insurance company will only accept claims accompanied by all the supporting documents envisaged in the contract. The organiser shall provide the traveller with information about any existing complaint handling procedures and Alternative Dispute Resolution (ADR) mechanisms, in accordance with Italian Legislative Decree no. 206 of 6 September 2005 and, if applicable, about the ADR body by which the professional is regulated and the online dispute resolution platform in accordance with Regulation (EU) no. 524/2013.
26. Insurance
If not expressly included in the price, it is possible and advisable, at the time of booking, to enter into special insurance policies to cover the costs of withdrawal (always due except for the specific exceptions provided for in the tourism code) as well as those arising from accidents and/or illness that also cover repatriation costs and the loss of and/or damage to luggage. The rights arising from the insurance contracts must be exercised by the traveller directly towards the contracting Insurance Companies, under the conditions and in the manner provided for in the policies themselves, paying attention, in particular, to the timetables for the opening of the claim, the deductibles, limitations and exclusions. The insurance contract in force between the traveller and the insurance company is binding for the parties and is effective between the traveller and the insurance company in accordance with article 1905 of the Italian Civil Code. Travellers, at the time of booking, must inform the seller of any specific needs or problems for which the issue of policies other than those proposed or included in the price of the package is necessary and/or appropriate.
The registered user may also proceed autonomously, when available, to the online selection of optional insurance policies, taking care to read in advance and carefully the conditions and limitations on the website, also in order to understand whether the insurance covers can be extended to Travellers.
27. Guarantees for the Tourist
Organised tourism contracts are assisted by suitable guarantees provided by the organiser and, if applicable, by the intermediary travel agent which, for trips abroad and trips taking place within a single country, guarantee, in the event of the insolvency or bankruptcy of the intermediary or organiser, the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist. The identification details of the legal entity which, on behalf of the organiser, is required to provide the guarantee will be indicated in the catalogue and/or on the tour operator’s website; they may also be indicated in the booking confirmation of the services requested by the registered user.
28. Governing Law
These General Conditions and the relationship between the registered user and GTN are governed by Italian law, including the Tourism Code and the Italian Legislative Decree no. 206 of 6 September 2005, containing the Consumer Code, for the part related to distance contracts. Any dispute inherent to or deriving from these General Conditions and/or from the contractual relationship established by the Client with GTN, shall be referred to the court where the user has his/her residence or address for service. Please be informed that the European Commission makes available to all citizens of the Union a platform for the online dispute resolution in relation to services provided by companies belonging to the European Union (the “ODR Platform”), which can be accessed through the following link: http://ec.europa.eu/consumers/odr.
Mandatory disclaimer under Article 17 of Italian Law no. 38/2006. Pursuant to Article 17 of Law no. 38/2006, Italian law punishes with imprisonment offences concerning child prostitution and pornography, even if committed abroad.
ADDENDUM
This addendum is an integral part of the “General conditions of use of the Gattinoni Travel Network online platform for the purchase of individual services and web packages”.
GTN, in its quality of Official Tour Operator of the NITTO ATP FINALS, has chosen to publish and make available on the website both individual services and packages specifically designed for this event.
1. The individual services may be consulted by performing a search on the city of Turin or on Piedmont in general, for dates within the duration of the event, by using the search engine named “Experience + Ticket” or the one named “Stays”. The search results can be freely combined by the user and GTN will be the professional under the tourism code.
2. The packages, which still include the event ticket and the other services specified for each proposal, can instead be selected directly from the Homepage by activating the filter by date of the desired match.
Since the tickets for the ATP FINALS are non-refundable (except in special cases governed by the special conditions of the actual organiser https://tickets.nittoatpfinals.com/it/legal to which reference should be made), if these tickets are included in packages that can be purchased online, the related cost will be added to that of any remaining services included in the package if also purchased at a non-refundable rate and they will determine the calculation of the deposit or balance. (see Point 12 of GTN conditions).
The user registered under Article 33 of the Consumer Code, after having taken careful and specific knowledge and vision of it, approves and expressly accepts the preceding clauses of the non-refundability of the tickets and of the entire package and, being aware of the choice, intends to finalise the contract.