General conditions of sale

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GENERAL CONDITIONS OF SALE BETWEEN HOSPITALITY OPERATOR/USER

1. Definitions
   For the purposes of the application of these General Conditions of Sale, the terms with initial capital letter and in bold type (whether used in the plural or singular form) shall have the following meanings
   • LTB: APT Valsugana soc. Coop. with registered offices in Levico Terme.;
   • Booking Centre: technical management of queries and bookings for hospitality facilities in the Trentino Region, hotels and non-hotel facilities, including private apartments, camping sites and mountain huts, by the LTB or Consortium via phone, fax, or e-mail;
   • TM Channel: TM’s Marketplace (www.visittrentino.info) and Link Key;
   • LTB or Consortium Channel: web portal of the LTB or Consortium where the Products’ booking and sale system is implemented;
   • Supplier Channel: web portal of the Supplier, on which the software for the promotion and sale of the Products is implemented;
   • Cancellation Policy: terms and conditions for Booking cancellation.
   • Purchase Confirmation: the e-mail sent to the User to confirm purchase of the Product.
   • Supplier: tourist operator part of the LTB or Consortium, or tourist operator of the Trentino Region, marketing its Products on its own Channel (featured also on the TM Channel);
   • Information: information and material concerning the LTB or Consortium and/or the Supplier and/or its Products, published on their respective channels;
   • Cross-Environment Link Key: technical operation carried out by TM to make the offers published by an LTB or a Consortium and/or by the Suppliers on their respective Channels visible, in a combined and aggregate form, on third-party websites, including by making use of the aggregations already operated by such third parties and/or by such LTBs or Consortia as Product or Project Pools or other cross-environment initiatives;
   • Marketplace: the area within www.visittrentino.info made available by TM, in its capacity as provider, hosting the LTBs, Consortia, and Suppliers, who promote their own Products to Users;
   • No show: User’s failure to appear at the Supplier's facilities booked, without having cancelled the booking according to the terms and conditions contained in the applicable Cancellation Policy or in these General Conditions of Sale.
   • Overbooking: a situation that occurs when a Supplier accepts more Bookings than there is room for
   • Booking: the acceptance of an offer for a hospitality Product, requested by the User on the LTB or Consortium or Supplier Channel, including through the Marketplace;
   • Product/s: commodities and/or services offered by the LTB and/or the Consortium and/or by the Supplier within the Autonomous Province of Trento, and published on their respective channels, including on the Marketplace;
   • Hospitality Product: a hospitality product;
   • TM: Trentino Marketing S.r.l., a single purpose company established by Trentino Sviluppo S.p.A, with registered offices in via Romagnosi,11, Trento, Italy;
   • User/s: person (natural or legal) accessing the LTB or Consortium or Supplier channels, including through the Marketplace.
2. Scope of Application
   1. The Product Purchase agreements between the User and the Supplier, entered into through the Supplier's channel, are governed under these general conditions of sale and under the special conditions of sale laid out by the Supplier.
   2. In case of discrepancies, the special condition of sale of the Supplier shall prevail over these General Conditions of Sale.
   3. These General Conditions of Sale can be accessed by the User throughout the purchasing process and are also published on the LTB’s or Consortium’s website.
   4. In any case, where the User is a Consumer, the agreements entered into by such User shall be subject also to any applicable mandatory provision of law, in addition to the provisions of law governing e-commerce.
3. Subject Matter
   1. These General Conditions of Sale regulate:
      1. the conclusion of electronic agreements concerning the Product offered for sale on the Supplier's Channel;
      2. the conclusion of electronic agreements concerning the offered Product, entered into by the User through the Booking Centre or the LTB Channel.
   2. These General Conditions of Sale and the special conditions of sale established by the Suppliers shall also apply where the User purchases the Product on the Supplier's channel, accessing such Channel through the TM Channel (Marketplace and Cross-Environment Link Key). No sale agreement is entered into on the Marketplace.
4. Role of the LTB/Consortium
   1. The LTB or Consortium is wholly extraneous to the agreement entered into between the User and the Supplier, and, consequently, does not assume any and whatsoever pre-contractual or contractual responsibility connected to the purchase (e.g., failed conclusion of the agreement; User’s breach or delay in performing contractual obligations; “overbooking”; “no snow”, etc.)
5. Purchase of a Hospitality Product.
   1. The User enters into an agreement directly with the Supplier, concerning the booking and supply of accommodation, and concerning any other additional goods or services which the Supplier undertakes to provide to the User, against a monetary consideration paid by the User.
   2. Any additional goods or services which the Supplier undertakes to provide are aimed at enabling the use of the services booked, according to the type of structure selected and in line with the quality standards applicable to the structure's classification or category.
   3. The booking is followed by a Purchase Confirmation which contains summary information on the essential characteristics of the service booked, price, cancellation and/or payment terms and conditions, and guarantees, if any.
   4. In certain cases, exclusively in case of private apartments and camping sites, the booking requests are irrevocable (so-called Binding Request). By sending a request, the User makes an irrevocable contractual offer to the Supplier (for a private apartment or camping site) under Articles 1329 and 1331 of the Italian Civil Code.
   5. The Binding Offer cannot be modified for a maximum period of twenty-four (24) hours of its receipt by the Supplier, within which the Supplier may either accept or decline the booking request. In case of acceptance, the Purchase Confirmation is sent to the User, summarising all the information as per Article 5.3.
   6. In case of non-acceptance or if, by the end of the (24 hr) period, the Supplier has not sent any Purchase Confirmation, a non-acceptance communication is sent to the User.
   7. Upon conclusion of the booking process, the Supplier is directly bound towards the User to provide the tourism services booked, and the User is bound towards the Supplier, according to the terms and conditions reported in the Purchase Confirmation.
   8. Booking from a Supplier may also take place through the Booking Centre, when existing, managed directly by an LTB or Consortium via fax, e-mail, or telephone.
   9. The Booking Centre operator shall not offer any advice and shall simply make the Supplier’s Channel available to the User via fax, e-mail, and telephone.
   10. The order in which the structures available for Booking are listed on the Channel is casual, and does not follow any classification or quality criteria, as the structures are selected according to the search criteria entered by the User directly (or via Booking Centre, LTB, or Consortium) upon searching through the system, based on the following parameters: location, period, duration of stay, number of rooms requested, number of guests, and any filter applied to the services requested.
   11. The User acknowledges that the LTB or the Consortium reserves the right to regulate, independently and under their exclusive responsibility, the order in which the structures available for booking are presented.
6. Hospitality Product Purchase and Descriptive Data
   1. The information relating to the Hospitality Product offered are contained in the offer notes or details, accessible by the User before concluding the purchase process.
   2. The term descriptive data shall mean the Information concerning the hospitality structures available for booking on the Supplier’s Channel, providing a description of the structure, including its characteristics, the services available, images (photo/video/audio-video), and any other and different information or image published or divulged by the Supplier. The booking data provide information on the availability of rooms/accommodation, prices, offers, etc.
   3. All the Information is published on the Supplier’s Channel directly and autonomously.
   4. The Supplier shall be directly and solely responsible towards the User for the correctness, comprehensiveness, truthfulness and updating of the Information, and particularly for:
      1. the content, nature, accuracy and comprehensiveness of the information, and for its truthfulness, updating, and compliance with the law, including with respect to information on the availability of rooms/accommodation and their relative prices, and on the quality of the service offered;
      2. the proper authorisation or right to use any materials and/or files uploaded or made accessible by the structure through links leading to third-party websites;
      3. the compliance with any obligation of law connected to the exercise of the Supplier’s business activity or to the conclusion of an on-line agreement between User and Supplier (e.g., information provided to the User under the terms of the Consumer’s Code or the Tourism Code).
   5. LTB or Consortium and/or TM do not and cannot carry out, and do not guarantee any check respecting the Information and the materials published by the Suppliers, and thus they do not, in any manner whatsoever, offer any guarantee or undertake any responsibility for any damage or loss suffered by the User in connection to or deriving from the circumstances listed under Article 6.4, letters a), b), and c).
7. Credit Card (Hospitality Product)
   1. The Supplier's Channel does not include any on-line payment method for the bookings made by Users. The bookings shall be paid for off-line, and any down payments, or any penalty fee charges in the cases provided for in these Conditions of Sale, shall also be discharged off-line, including where credit card details are requested online.
   2. The Supplier may ask the User to provide their credit card data for several purposes, including to secure their bookings; to pre-pay or pay any deposit and/or any charges due in case of application of the penalty fee, as indicated during the booking phase; in case the User should fail to provide full payment, without justification, at the end of their stay.
   3. The data provided by the User are processed through information systems compliant with PCI DSS (Payment Card Industry Data Security Standard). All the transactions are carried out on connections protected through SSL (Secure Socket Layer) protection codes and https (http secure) protocol.
   4. The acceptance of these General Conditions of Sale and the Supplier's special conditions of sale shall be valid as preventive authorisation to the Credit Institution and to the Supplier to use the data entered by the User for the above-indicated purposes.
   5. The data collected, without prejudice to any applicable obligation of law, shall be erased immediately upon conclusion of the processing thereof.
   6. Upon occurrence of the circumstances indicated by the Supplier in the special condition of sale, credit card details may be used by the Supplier off-line.
   7. It is understood that neither TM or LTB or the Consortium assume any responsibility in the event of frauds or abuses carried out by third parties with the credit card details collected upon completing the booking, provided that such fraud or abuse is not connected to any act or fact ascribable to TM, the LTB or the Consortium on account of wilful misconduct or gross negligence.
8. Guarantees - Confirmation Deposit (Hospitality Product)
   1. The Supplier is entitled to request from the User, as guarantee for the booking of their structure, the payment of a sum of money by way of confirmation deposit under Article 1385 of the Italian Civil Code, and by way of down payment over the full sum due.
   2. Such deposit payment represents a percentage of the full sum due for the service booked, calculated based on the rate communicated by the Supplier to the User, who provides the payment thereof via bank transfer to the coordinates provided by the Supplier, or via credit card.
   3. The deposit - once paid - is held (also) by way of down payment over the price of the stay.
   4. If, once the confirmation deposit is provided, the User should default, the Supplier may withdraw from the agreement and keep the paid deposit; if the Supplier should default, the User may withdraw from the agreement and demand the reimbursement of the sums paid under this Article.
   5. In case of bank transfer the booking is done “subject to collection” of the deposit, which is to be deemed a condition for termination under Article 1353 of the Civil Code.
   6. The Supplier is thus bound to keep the booking valid for five calendar days as of the date in which the booking is sent. Within the same period of time (5 days), the User must complete the payment and send the Supplier, either via fax or via e-mail, a copy of the bank transfer slip showing the Transaction Reference Number or other equivalent code.
   7. If the above period of time has lapsed without the Supplier having received evidence that the requested payment was made, if the Supplier wishes to be released from any obligation towards the person who ordered the booking, they must immediately contact the User in writing (via e-mail) to receive confirmation that the payment was not made, and shall consider the above termination condition to have taken place, releasing the User from any obligation. The Supplier shall also be released from any obligations towards the User in case the Supplier’s attempts to contact the User fail, if the User fails to reply to the above e-mail within twelve (12) hours from when it was sent. 
   8. In case of a booking requiring the payment of a deposit through bank transfer and/or credit card, the User and the Supplier undertake to comply with the conditions laid out in this Article.
9. Guarantees - “Last Minute” Booking (Hospitality Product)
   1. In case the booking is made “last minute”, meaning that the stay is scheduled to start within four (4) days, counting from the day after the day in which booking is made, the Supplier may, upon receiving such booking, contact the User in writing no later than twenty-four (24) hours from the booking, to request further forms of guarantee in addition to those accepted by the User in the booking process.
   2. The Supplier may thus request the User to provide:
      1. the User’s credit card details, in order to immediately start the payment process for a sum of money, by way of confirmation deposit under Article 1385 of the Italian Civil Code. The Supplier may exercise this faculty exclusively when the “last minute” booking is done through a bank transfer, and the bank transfer is yet to be made by the User, or in case of communication of credit card details as booking “guarantee”; or
      2. within the period of time decided by the Supplier, via e-mail or via fax, a copy of the bank transfer slip showing the Transaction Reference Number or equivalent code. This shall apply exclusively when the bank transfer has already been made by the User.
   3. It is understood that the Supplier must exercise such faculty in writing - via e-mail or via fax - and by no later than twenty-four (24) hours of the booking, with the consequence that, in case the Supplier should make such request verbally or make such request in writing but after expiry of said 24-hour period, the booking validly entered in the system shall produce binding effects upon the Parties.
   4. In all the cases provided under letters a) and b) of Article 9.2 above, the User must comply with the Supplier’s request no later than as requested. Where the User should fail to comply with the above, the Supplier shall be entitled to terminate the agreement under Article 1456 of the Civil Code.
   5. Therefore, the User shall be deemed exonerated from any and whatsoever obligation towards the User, without any possibility for the latter to claim any sums by way of indemnification or compensation or on any other grounds. The above shall apply, by way of example and not limitation, in the event the User should fail to provide their credit card details; in case the credit card payment of the deposit does not go through; where the User should fail to send the bank transfer slip within the due time, or in case the User was unreachable, with evidence of the Supplier’s attempts to reach the User, in the twenty-four (24) hours following the booking.
   6. Conversely, where the User should comply with the Supplier’s request, and pays the deposit or promptly sends a copy of the bank transfer slip, the Supplier shall be under obligation to send the User an e-mail (or fax) containing a summary of the terms and conditions personally and directly agreed to between the Supplier and the User.
   7. The confirmation deposit paid by the User shall also be held by way of down payment over the price of the stay.
10. Start and End of the Stay (Hospitality Product)
    1. The User shall be entitled to use the booked services from 14.00 of the scheduled arrival date.
    2. The booked services shall terminate by 10.00 of the leaving date.
    3. In the event the Guest should fail to vacate the premises by 10.00 of the leaving date, the Supplier shall have the right to invoice an additional day of stay.
    4. Should the User leave ahead of the scheduled leaving date, the Supplier shall have the right to demand the full compensation agreed, and shall also be at liberty, where possible, to assign the unused units to other users.
11. Withdrawal and Booking Cancellation - No Show (Hospitality Product)
    1. In compliance with Article 55, paragraph 1, letter b), of Legislative Decree No. 206 of 06/09/2005 (Consumer’s Code), the right of withdrawal provided under Article 64 of said Code does not apply to the provision of hospitality services.
    2. Users’ booking cancellations shall be subject to these General Conditions of Sale and to the Supplier’s special conditions of sale.
    3. In order to cancel a booking, the User must serve a written communication (in the manners indicated in the purchase Confirmation) upon the Supplier, the LTB, or Consortium (LTB or Consortium contact for cancellation purposes web@visitvalsugana.it). A booking cancellation communicated by the User to the LTB or Consortium shall have the equivalent effects of a booking cancellation communicated directly to the Supplier.
    4. If in the client’s confirmation e-mail there is the link for the direct booking management, he shall autonomously cancel the booking. This is possible only if the cancellation happens within the agreed times (no penalty fee). Once these times are expired, the User will have to contact the Supplier and the LTB.
    5. Where a booking is cancelled within the agreed times, the User shall be entitled to be reimbursed for the confirmation deposit paid upon booking, net of any costs, duly accounted for, borne by the Supplier.
    6. The confirmation deposit shall be reimbursed via bank transfer within 30 days of the cancellation if the confirmation deposit has already been credited to the Supplier, or, if the sum hasn’t been credited, within 30 days of the date in which the confirmation deposit is received by the Supplier.
    7. If the booking cancellation is received after the agreed time, or is not received at all, or if the User fails to appear at the structure (so-called No Show), the Supplier may apply the following fees:
       • in case of confirmation deposit, as provided under Article 8 above, the Supplier may keep the full sum paid via bank transfer or via credit card;
       • in case the User has provided their credit card details as a form of guarantee for the booking, the Supplier may withdraw from such card the sum agreed by way of penalty fee. In this case the Supplier must expressly inform the User, via e-mail or fax, of its intention to charge the User for the sum agreed by way of penalty fee.
    8. A No Show shall occur when the User has failed to arrive at the booked facilities by 18.00 of the scheduled day of arrival, unless agreed otherwise.
    9. Any modification by the User to the duration of a previously booked stay and/or a reduction of the booked accommodations, must be agreed directly with the Supplier, without prejudice to the Supplier’s right to invoke the provisions of this Article, where applicable.
12. Replacement Accommodation: unforeseeable circumstances or force majeure - Overbooking (Hospitality Product)
    1. By sending a booking, the Supplier undertakes an obligation towards the User, and cannot withdraw from the booking or cancel it, including in part, being under obligation to provide the booked service, unless the booking has become impossible due to unforeseeable circumstances or force majeure, except in case of default of the User as provided under the express termination clause.
    2. Upon the occurrence of unforeseeable circumstances or force majeure, the agreement with the User is terminated, and the Supplier is exclusively under obligation to return the sums received from the User to confirm their booking.
    3. However, with the consent of the User, the Supplier may make available to the User an alternative accommodation, as a replacement of the accommodation booked and no longer available, as long as the such alternative accommodation has equivalent or superior characteristics to the accommodation booked.
    4. Conversely, in case the service being booked is unavailable on account of Overbooking or for any other reason ascribable to the Supplier (such as imperative management reasons), the Supplier shall be under obligation to provide the client an alternative accommodation in a category that is equivalent or superior to the one booked, within the same facilities or, if necessary, within different facilities located in the same location or in a neighbouring location, belonging to a category that is at least equivalent to that of the Supplier, and offering similar or superior services.
    5. Any additional costs for such replacement accommodation shall be borne entirely by the Supplier.
    6. However, in the case provided under 12.4, where the User should decline such alternative accommodation, the latter shall be entitled to the reimbursement of double the sum paid by way of confirmation deposit, unless no such deposit was paid, in which case the Supplier is under obligation to pay the User, by way of penalty fee, a sum equivalent to 20% of the total cost of the services originally booked. 
    7. Likewise, in the case provided under 12.4, where the Supplier should be unable or unwilling to find an alternative accommodation with the characteristics detailed above, and if the User has paid a confirmation deposit, the Supplier is under obligation to return double the confirmation deposit received. Vice-versa, where no confirmation deposit was paid, the Supplier shall be under obligation to pay the User, by way of penalty fee, a sum equivalent to 30% of the total cost of the services originally booked.
    8. Without prejudice to the User’s right to receive the above sums due by the Supplier, the LTB or Consortium - where it may be possible and in case of inaction of the Supplier - may look for an alternative accommodation for the User, as a replacement of the accommodation booked and no longer available, with equivalent or superior characteristics to the accommodation originally booked (so-called “rerouting”). It is understood that:
       • the User must pay the new structure found by the LTB or Consortium the sums requested by said structure on account of such alternative accommodation, in line with the applicable prices;
       • the LTB or the Consortium offers no guarantees whatsoever with respect to the sums due to the User by the Supplier being replaced;
       • the User may not in any way whatsoever claim any payment by the LTB or Consortium of any sums paid to the Supplier being replaced, including by way of deposit, and may not claim any reimbursement from the LTB or the Consortium on account of any default of the Supplier.
13. Rights of the User (Hospitality Product)
    1. From the beginning of the stay, the User acquires the right to use the rented units, the furnishings therein, and the structures which are normally, and under no special conditions, are available to guests.
14. Obligations of the User (Hospitality Product)
    1. Upon booking, the User must provide truthful information, especially with respect to the age of the User at the moment of the service and number of the guests for which the booking is submitted.
    2. As of the booking, in order to submit any request and/or modification the User must contact the Supplier directly, using the indications reported at the end of the purchase Confirmation.
    3. Any request for partial modification of the booking must be submitted - exclusively in writing - to the Supplier booked, which, compatibly with its organisational requirements, may accept or decline such requests, or agree any modifications with the User, under the same terms and conditions originally agreed, and in the manners and times which the Supplier shall deem opportune. Article 15.2 shall apply.
    4. The payment of the sum due by the User must be made directly to the Supplier, as per the instructions provided by the latter in the purchase Confirmation, net of any confirmation deposit paid, if any, which is withheld by way of down payment, without prejudice to the compliance with any provision of law respecting payments in cash.
    5. Before using any unusual electric equipment, the User must request the prior authorization of the Supplier.
    6. For any damages caused by the User, the general laws and regulations applicable to damage compensation shall apply.
    7. Therefore, the User shall be liable for any fact or act ascribable to the User, either directly or indirectly (as caused by persons under the User’s responsibility), which have caused any damage to the Supplier or to third parties.
15. Rights of the Supplier (Hospitality Product)
    1. In case the User should refuse to pay the due sums, or make any payments in arrears, the Supplier shall have the right to retain the User’s belongings which are still within the hospitality structure, in order to guarantee its right to obtain payment of the sums due on account of the services provided.
    2. If, upon checking-in, the number of adults and children, and their respective ages, should differ from the numbers and ages declared in the booking, the Supplier shall be entitled to replace the assigned accommodation with more adequate ones, if available, or request the payment of an additional sum over the sum originally agreed, or annul the booking for default and cause of the User, and keep the sum paid by way of deposit.
    3. The Supplier shall have the right to remove the User from the hospitality structure if the User:
       1. uses the facilities in such a way as to damage the property or make it intolerable for the other guests to reside within the same structure, holding a disrespectful, outrageous, or in any way reckless conduct, or being responsible for criminally liable conducts against the Supplier, the members of staff and/or the persons who are within the hospitality structure;
       2. suffers from any contagious illness or an illness which evolution exceeds the duration of the agreed stay, or in case special care is required;
       3. fails to discharge, within the agreed times, the payment of the sums requested and due.
16. Obligations of the Supplier (Hospitality Product)
    1. The Supplier is under obligation to provide the services agreed in line with the quality standards adequate to the type of service booked and the classification of the hospitality structure booked.
17. Animals (Hospitality Product)
    1. The presence of animals is normally not allowed inside the hospitality structure, unless previously authorised by the Supplier, and subject to an additional charge, if applicable. Such authorisation must be requested upon submitting a booking request.
18. Feedback and Rating (Hospitality Product)
    1. The system includes a Feedback system, by publishing the evaluations and comments submitted by previous guests of a hospitality structure in the Trentino region.
    2. At the end of their stay, the User is automatically sent a message to invite them to rate their stay, and the services in general, by assigning points through a set evaluation form, or by expressing their own personal comments on their stay.
    3. The system also features the average points awarded by Users (Rating) who have stayed in the same structure.
    4. The Users’ evaluation (points and comments, if any) is published automatically. TM and/or the LTB or Consortium do not overwrite, interpret, or modify the comments expressed by the Users.
    5. TM and/or the LTB or Consortium do not make any checks as to the accuracy of the claims made in any comment or to the facts from which the points assigned by the User to the Supplier originate.
    6. The User assumes every responsibility associated with, on any grounds whatsoever, the content of their comments, and undertakes to indemnify and hold TM and/or the LTB or Consortium harmless from any and whatsoever claim on such regard (including any legal costs and expenses) irrespective of who raises such claims.
    7. The LTB or the Consortium invite the User to manifest their thoughts within the limits dictated by common sense, civility, and without using any wrongful expressions, that is any expressions contrary to the law, public order and decency.
    8. The Supplier may, in any case, respond to the evaluation received. The comments which are objected to on grounds of being wrongful shall be immediately removed by the LTB or Consortium.
19. Responsibility
    1. The User acknowledges and accepts that no responsibility may be ascribed to the LTB or Consortium:
       • on account of the failed conclusion of bookings through the Supplier’s Channel, for mistakes in bookings, any direct or indirect damages caused by the impossibility, including temporary, to use the system due to causes not ascribable to the LTB or Consortium, or for any direct or indirect damage deriving from the abuse use thereof by third parties;
       • for breach or delay in performance of the agreement entered into between the User and the Supplier;
       • for the Information entered or communicated to the LTB or Consortium by a Supplier, who shall be solely and directly liable for any matter pertaining to the accuracy, completeness, translation, and updating of the Information on the Supplier’s Channel, and for the availability of rooms and accommodation, the prices indicated, the quality of the services offered, and the information provided, including photographic;
       • in case the above Information should infringe any third-party right (by way of example and not limitation, image rights, copyright, brands, etc.);
       • in case the transaction using the credit card details to charge a cancellation penalty fee should not be successfully completed due to insufficient funds or for causes other than causes subject to checks, or occurring at a time after the date of booking.
20. Suspended access to and use of the Supplier’s Channel
    1. The User declares to be aware that the LTB or Consortium may or will be forced to temporarily suspend or definitively prevent any access to or use of the Supplier's channel in the following cases:
       1. unforeseen circumstances or force majeure;
       2. orders issued by an Authority;
       3. upgrading, repair, and maintenance works.
    2. In the case of letter c), the LTB or Consortium undertakes to enable access to the Supplier’s Channel within 48 hours, provided that such suspension depends on the LTB or Consortium, and falls within its sphere of operation.
21. Applicable Law and Jurisdiction and Venue
    1. These General Conditions of Sale and the Supplier’s special conditions of sale are governed under the laws of Italy.
    2. Any disputes that may arise out of the performance and/or interpretation and/or validity of these terms and conditions, or any other matter connected thereto shall be subject exclusively to the laws and the jurisdiction of the courts of Italy.
    3. Without prejudice to the above, if:
       1. the User should be qualified, under the terms of Legislative Decree No. 79 of 23/05/2011 (Tourism Code) and Legislative Decree No. 206 of 06/09/2005 (Consumer’s Code), as a Tourist-Consumer, the competent Court shall be the Court having jurisdiction over the User place of residence or domicile, if such place is within the territory of the State of Italy;
       2. the User is not a Tourist-Consumer or, though qualified as Tourist-Consumer, is not resident or domiciled in the national territory of Italy, the Court with exclusive jurisdiction to decide on any dispute connected with these Conditions shall be the Court of Trento.

 

Info: web@visitvalsugana.it

 

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GENERAL CONDITIONS OF THE CONTRACT OF THE SALE OF APT VALSUGANA - TRAVEL AGENCY
ACCOMMODATION, TOURIST PACKAGES, TOURIST SERVICES (ACTIVITIES AND EXPERIENCES)


APT Valsugana (Valsugana Tourist Board) Soc. Coop., with registered office in Viale Vittorio Emanuele III, 3 - Levico Terme, enlisted in the Business Register of Trento, with VAT number / CF 02043090220, REA: TN 196528, telephone +39 0461 727700, Certified email aptvalsugana@pec.cooperazionetrentina.it  (APT Valsugana), acts as a showcase and / or as a travel agency for accommodation, tourist packages and other tourist services.
For the above purpose APT Valsugana manages and hostes a technological platform ("Platform"), conceived and developed by "Feratel media technologies AG -6020 Innsbruck, Maria-Theresien-Straße 8", on its websites www.visitvalsugana.it, www.valsuganahome.com, www.coppadoro.it, and other websites where is clearly specified that they belongs to APT Valsugana (“Websites”).
The Websites connect third party suppliers ("Third Party Sellers") and buyers, for the purpose of online sale of tourist services ("MarketPlace"). Within the MarketPlace, Third Party Suppliers can also offer and sell their services and close the relevant purchase contracts with Users.

On the Websites, users can therefore purchase services sold by both APT Valsugana and by Third Party Suppliers. The Site always clearly indicates whether the service is sold by APT Valsugana, therefore with direct collection by APT Valsugana, or by a Third-Party Supplier. In the second case, APT Valsugana is just the Platform's supplier and technical manager, hence it is not a party of the sales contract between the User and the Third Party Supplier, which is concluded exclusively between the Third Party Seller and the User under the terms and conditions set out in the Contract's applicable General Terms and Conditions.

Through the Websistes, Users can also purchase products and/or services offered for sale on other sites on which APT Valsugana operates as a provider of the registration and sales service (Websites powered by APT Valsugana). Below are the general conditions of sale of APT Valsugana, i.e. the general conditions of sale applicable to the services specifically indicated on the Websites as sold by APT Valsugana, therefore with direct collection by APT Valsugana, in the event that the contract for the purchase of such services is concluded through the Websites.
The General Conditions of Sale of each Third Party Supplier are made available in each service's file, which can be accessed by clicking on the link shown in the summary of purchases at each stage of the purchase process or on www.visitvalsugana.it/en/gcs/ 

GENERAL PROVISION

1. Subject: These GTCs govern the online access and use of the website by the User through APT Valsugana sc, for the conclusion of telematic contracts concerning accommodation, tourist packages and the service booked at hotel and non-hotel accommodation facilities and at Activity Suppliers located in the area covered by the Valsugana Tourist Board, specifically indicated as sold by the Valsugana Tourist Board sc, therefore with direct collection by APT Valsugana.
   For everything regarding bookings of accommodation-only services offered for sale by Third Party Suppliers, please refer to the specific general conditions of sale reported during the booking process and also visible at this link https://www.visitvalsugana.it/it/cgv/  "GENERAL CONDITIONS OF SALE BETWEEN HOSPITALITY OPERATOR/USER".
   
    
2. Definitions: For the purposes of applying these GTCs, the expressions conventionally indicated below with capital letters and in bold (whether in the singular or plural) have the following meanings:
   
   1. User is the one who accesses the website also to conclude booking contracts or to send booking requests for Tourist Packages or at accommodation facilities or extra-accommodation activities located in the Valsugana and Lagorai district.
   2. Consumer is the natural person who uses the website for purposes unrelated to the entrepreneurial, commercial, craft or professional activity, possibly carried out.
   3. Tourist package pursuant to Legislative Decree 62 of 21 May 2018 is the combination of at least two different types of tourist services for the purpose of a trip or vacation, if at least one of the following conditions is met (see notions point 20.1)
   4. Receptive Operator is the Tourist Operator of the hotel and non-hotel accommodation sector located in the tourism sector, who accesses the website by signing a specific contract with APT Valsugana.
   5. Extra-Receptive Operator is the Tourist Operator of the extra-receptive sector in the tourism sector, who accesses the Platform by signing a specific contract with APT Valsugana.
   6. Facility is the accommodation facility, managed by the Hospitality Operator and bookable through the Platform.
   7. Activity is an extra-receptive activity, managed by the Extra-receptive Operator and bookable through the Platform.
   8. Platform is the software used for the technical management of bookings and requests for Tourist Packages and services provided by hotel and non-hotel accommodation facilities including private apartments, campsites, and mountain refuges and by Extra-Receptive Operators. The Platform is conceived, developed, and provided by Feratel media technologies AG -6020 Innsbruck · Maria-Theresien-Straße 8. The Platform may be supported both on the website and on Related Sites and Partner Sites
   9. APT Valsugana sc (APT) is the company located in Levico Terme in Viale Vittorio Emanuele III, 3 - VAT number and enlisted in the Business Register under the no. 02043090220, which operates for the promotion and marketing of the Structures and Activities in the tourism sector.
   10. Site is the domain www.visitvalsugana.it and it is the site used by APT Valsugana sc and which hosts the Platform.
   11. Related Sites and Partner Sites are all information and promotional sites for the tourism offer in the Valsugana - Lagorai area, respectively managed by APT Valsugana or which, although not managed by APT Valsugana, host the "Booking" box / widget of the Platform in relation to specific promotional marketing initiatives.
   12. Area/District is the area that includes the tourism area referring to the APT Valsugana sc (Valle dei Mocheni, Alta Valsugana, Bassa Valsugana and Tesino).
   13. Information is understood to be the information and materials relating to hotel and non-hotel accommodation facilities, activities and tourist packages that can be booked on the website www.visitvalsugana.it and on the Related Sites and Partner Sites, published by them directly (or in any case provided by them in case of publication by third parties) and concerning the description of the Structure and the Activities, including its characteristics, the services made available, the availability of rooms/accommodation, prices and offers, images (including photos/video/audio-video) and any further and different information or image published and disseminated by Receptive Operators and Extra Receptive Operators.
   14. Web Client is an administration tool available to the Receptive Operator and the Extra Receptive Operator to insert and update their technical data files which contains information regarding their Facility or their Business.
   15. Expert Client is the platform administration tool managed by APT Valsugana
   16. Booking Centre is the employee of the APT who acts on behalf of the User (for example by telephone request or by email) to book through the Platform, in the specific Expert Client window.
   17. Booking is any order relating to the tourist service in the form of a tourist package or of a receptive and extra-receptive nature, selected or requested by the User through the "Booking" box / widget on the Platform.
   18. Booking Confirmation is the electronic communication (e-mail) confirming the requested service that the Platform automatically generates and sends to the User and to the Receptive or Extra Receptive Operator chosen by them.
   19. Cancellation Policy are the conditions of cancellation of the Booking.
   20. No show is the failure of the User to show up at the Facility or the booked Activity, without a regular prior cancellation in compliance with the provisions contained in these GTC or in the applicable Cancellation Policy.
   21. Overbooking: a situation that occurs when the accommodation or business accepts more bookings than available seats/services.
       
       
3. Features of the Platform and role of APT Valsugana soc coop for the sale of accommodation, tourist packages and tourist services/activities
   1. The APT Valsugana company has entered into a Framework Agreement with the operators in the area adhering to the Company, by virtue of which it has undertaken to have the Platform accessed and used upon the conclusion of specific contracts.
   2. The APT Valsugana company makes the Platform available to Receptive Operators and Extra Receptive Operators, as well as to the User, to facilitate the matching of supply and demand within the area of reference.
   3. In particular, the Platform is made available to allow Users to make bookings or requests for tourist packages and tourist services of a receptive and extra-receptive nature
   4. APT Valsugana is responsible for the purchase of accommodation, holiday packages and services specifically indicated as sold by APT Valsugana sc and therefore with relative collection, as it operates as a travel agency and for which these general terms and conditions apply. APT Valsugana manages only the mere technical-operational profile of the other operations in point 3.3, as this is not part of the contract between the User and the Hospitality Operator and the Extra-Receptive Operator (for which the conditions between the receptive operator and the user therefore apply).
      
      
4. Contract and related methods of conclusion through the Platform for accommodation, holiday packages and tourist services/activities sold by APT Valsugana
   1. By means of the Platform, the User directly concludes a contract with APT Valsugana sc concerning the booking and supply of accommodation and/or other service and pays for it.
   2. The booking regarding tourist packages, the tourist service of a receptive or extra-receptive nature identified by the User on the Platform, is followed by a confirmation message (e-mail) by APT Valsugana sc - sent automatically and on behalf of the same APT, of the selected Structure or Activity - to the User and the Accommodation Operator or the Extra Receptive Operator summarizing the booking conditions relating to the Package, the Structure or the Activity itself.
   3. In particular, in addition to the summary of the general and particular conditions applicable to the contract, the confirmation message contains, also pursuant to the provisions of art. 13 of Legislative Decree 70/2003, the information relating to the essential characteristics of the booked service, the indication of the price, the means of payment, as well as any amounts requested as a confirmatory deposit.
   4. APT Valsugana has the right to require the User to pay a deposit to guarantee the booking in accordance with the following articles 7 and 8 or the full payment of the holiday package, stay or service to be booked. In the latter case, where the service does not foresee a refund of the prepaid amount ("not refundable"), the amount paid will not be refunded in case of cancellation.
   5. At the end of the booking process, APT Valsugana, the Receptive Operator or the Extra-Receptive Operator is directly bound towards the User to provide the booked tourist service and the User is bound towards the Receptive Operator or the Extra-Receptive Operator according to the specifications reported in the confirmation e-mail.
   6. The booking of a package, an accommodation facility or an activity through the Platform can also take place at authorized tourist offices with the support of an operator (booking centre).
   7. The operators of the tourist offices will not provide any advice. They will make the Platform available to the User or will make the booking on the User's behalf.
   8. The order of presentation of the facilities or activities that can be booked on the Platform is random and does not any classification or quality criteria. The selected facilities are listed as a result of the search, carried out by the User directly (or by the Operators of the tourist offices) when using Platform, based on the following parameters: location, period, length of stay, number of accommodations requested, number of participants, chosen activity and any filter relating to the services requested.
   9. The User acknowledges that APT Valsugana has the right, autonomously and on its sole responsibility, to manage this classification under particular circumstances (events, promotions, etc.), and to modify the order of presentation of the structures and activities, which can be booked on the Platform.
      
      
5. Descriptive and booking data
   1. The information regarding the service to be booked are contained in the notes and in the details of the offer, which can be accessed and read by the User before concluding the booking process.
   2. Descriptive data means Information concerning tourist packages, accommodation facilities and activities that can be booked on the Platform, regarding the description of the Facility and the Activity, including its characteristics, the available services, the images (including photos/video/audio-video) and any further and different information or image published or disseminated by the Facilities or during the Activities. The booking data, on the other hand, relate to the availability of rooms/accommodation, prices, offers, etc.
   3. All the information regarding the content of the holiday packages are entered on the Platform by APT Valsugana, while the information concerning the Facilities and Activities is published on the Platform directly and independently by the Accommodation Operators or by the Extra Receptive Operators or, in case of delegation, by APT Valsugana or by specifically appointed third parties.
   4. As for the information entered directly by the hospitality and extra-receptive operators, the Platform limits itself to making the Information visible "as it is" and "as available". APT Valsugana does not carry out any further control on the content.
   5. APT Valsugana does not exercise and cannot exercise and does not ensure any verification of the Information and materials published by the Facilities directly or through persons in charge and therefore does not in any way guarantee and is not liable for any damage or loss suffered by the User, where such damage or loss are connected or dependent on such information, in case this information is incorrect, inaccurate or incomplete.
      
      
6. Payment by credit card for accommodation, holiday packages and tourist services
   1. When booking Holiday Packages and/or accommodation and/or individual services/activities offered by APT Valsugana, the User will be required to make the total or partial payment of the Holiday Package booked or the services booked by credit card (Credit cards accepted for payment are clearly indicated at the time of booking), bank transfer or at the User's choice.
   2. If payment is made by bank transfer, the contract is definitively stipulated upon receipt of the transfer to the bank account indicated, within the date specified on the booking confirmation.
   3. If the payment is made using a credit card, during the booking process the User will be asked to enter the credit card details directly on the Platform for online transactions or to transmit them to the operators of the tourist offices in the case the Platform is used by the booking operators, in a manner designed to preserve the confidentiality and protection of the data provided.
   4. The acceptance of these GCS is valid as a prior authorization for the Credit Institution to use the data entered by the User in case a penalty is applied.
   5. The data submitted by the User are managed by computer systems that comply with the PCI DSS (Payment Card Industry Data Security Standard) standards). All operations take place through connections protected by SSL (Security Socket Layer) protection codes and https (http secure) protocol.
   6. Nevertheless, APT Valsugana sc assumes no responsibility for the possibility of scam, fraud or abuse by third parties of the credit card data collected during the booking phase, provided that this is not linked to acts or facts which may be ascribable to wilful misconduct or gross negligence of APT Valsugana.
      
      
7. Guarantees - the confirmation deposit by credit card or bank transfer for holiday packages and tourist services
   1. APT Valsugana has the right to request, as a guarantee for the reservation of its structure or business, the payment by the User of a sum of money as a deposit pursuant to Article 1385 of the Italian Civil Code and of any down payment on the due balance.
   2. This deposit represents a percentage of the total of the holiday package or service booked, calculated on the basis of the measure communicated to the User who provides for the payment using the same by credit card or by bank transfer.
   3. The deposit - once actually paid - is retained (also) as a deposit on the price of the stay.
   4. If, once the confirmation deposit has been provided, the User is in default, APT Valsugana can withdraw from the contract and keep the paid deposit; if APT Valsugana is in default, the User can withdraw from the contract and demand double the paid amount in accordance with this article.
   5. By choosing to proceed with the payment of the deposit by credit card and providing the relative data during the booking process, the User gives a mandate to APT Valsugana to withhold the amount established as a confirmatory deposit, by charging it to the card. It is understood that in case of refusal of the debit operation, APT Valsugana sc will be free withdraw from the booking without any liability. 
      
      
8. Withdrawal and Cancellation of the reservation - No Show
   1. In application of art. 55 paragraph 1 letter b) of Legislative Decree no. 206 of 06/09/2005 (Italian Consumer Code), the right of withdrawal provided for by article 64 of the Consumer Code does not apply to contracts for the supply of services relating to accommodation.
   2. As far as the cancellation of the booking by the User is concerned, these GTCs as detailed in article 9 are applied. If other cancellation conditions are provided by the individual Accommodation Operator, they will be applied, bearing in mind what is established in the previous article 1.
   3. The User willing to cancel a booking made through the Platform under the free cancellation conditions can do so independently using the link contained in the "guest portal" booking confirmation email. On the other hand, if the User is willing to cancel a reservation made through the Platform under the NON-free cancellation regime, he must give written notice by e-mail to the address booking@visitvalsugana.it
   4. Without prejudice to the provision of different terms by the Receptive and Extra Receptive Operator (in which case the latter will be applied), the conditions set out in Article 9 will apply to cancellation.
   5. The refund will be made within 30 days from the date of the necessary transfer of the amount, as established in accordance with the previous paragraph.
   6. If the Users cancels after the established deadline or does not cancel the booking at all (so-called No Show), APT Valsugana may apply the penalties detailed in Article 9 without prejudice to the provision of different terms established by the Receptive and Extra Receptive Operator (in which case the latter will be applied)
   7. If the User does not show up at the booked facility by 6:00 pm on the foreseen day this will be considered a No Show, unless otherwise agreed.
   8. Any modification by the User regarding the duration of the stay already booked and / or the reduction of the number of reserved accommodations, must be agreed directly with APT Valsugana, without prejudice to the latter's right to enforce the provisions of this article where applicable.
9. Management of payments and cancellations APT Valsugana for Accommodation, Holiday Packages and tourist services – activities specifically indicated as sold by APT Valsugana sc, therefore with direct collection by APT
   1. If not expressly indicated, specific cancellation policies will be applied to the generic ones of the locations listed below. In this case, the payment will be managed directly by APT Valsugana.
   • Accommodation
     Deposit upon booking: 30% of the costs of the total stay
     Balance: within 15 days from the day of arrival
     Cancellation policy:
     - free cancellation within 15 days from the day of arrival (refund of the deposit net of expenses duly reported)
     - for cancellations starting from the 14th day from the day of arrival or in case of no show: the entire amount paid will be retained as a penalty
   • Holiday packages
     Deposit upon booking: 30% of the costs of the total stay
     Balance: within 15 days from the day of arrival
     Cancellation policy:
     - free cancellation within 15 days from the day of arrival (refund of the deposit net of expenses duly reported)
     - for cancellations starting from the 14th day to the 8th day from the day of arrival: the 30% of the costs of the total stay will be retained as a penalty
     - for cancellations starting from the 7th day from the day of arrival or in case of no show: the entire amount paid will be retained as a penalty
     Holiday packages defined as "low cost white weeks" and similar
     Deposit upon booking: 30% of the costs of the total stay
     Balance: within 30 days from the day of arrival
     Cancellation policy:
     - free cancellation within 30 days from the day of arrival (refund of the amount paid net of duly reported expenses)
     - for cancellations starting from the 29th day from the day of arrival or in case of no show: the entire amount paid will be retained as a penalty
   • Cancellation policy - COVID19 emergency for the "white weeks / low cost white week" package
     customers who are required to respect travel restrictions due to Covid-19 emergency or who are in quarantine for Covid-19 will receive a 100% refund or voucher of the paid amount (excluding transaction fees) without time limits (a suitable declaration must be provided that certify the quarantine or the ban on leaving the region or province).
     If the accommodation cannot meet the agreed conditions due to the Covid-19 emergency, only the amount paid by the customer must be refunded (excluding transaction fees)
   • Tourism services / activities
     Deposit upon booking / balance: 100% of the amount
     Cancellation policy:
     - free cancellation within 18.00 of the day before the activity (refund of the amount paid net of duly reported expenses)
     - for cancellations fafter 18.00 of the day before the activity or in case of no show: the entire amount paid will be retained as a penalty
     
     
10. Obligation of APT Valsugana
    1. APT Valsugana has to provide the agreed service according to the quality standards appropriate to the type of service booked and the classification of the chosen accommodation facility.
       
       
11. Complaints
    1. Any errors or shortcomings relating to the booked accommodation, package or tourist services / activities, which arose during the stay must be reported immediately to the provider on site, to give him the opportunity to remedy the situation. At the end of the stay, the customer can send a further written complaint to APT Valsugana. However, if the User has not reported errors and deficiencies already during the stay, APT Valsugana is not required to consider the complaint. If the User sends his complaint to APT Valsugana, APT will also forward it to the service provider.
12. Information on passport, visas, currencies and health regulations
    1. Each User / traveler is responsible for compliance with all entry and exit regulations, health regulations, passport and visa regulations and provisions for the introduction of pets.
    2. Travel and safety notices, entry regulations, health warnings, visa requirements and the like on the official websites https://vistoperitalia.esteri.it/home.aspx, www.viaggiaresicuri.it, https://www.visittrentino.info/it/articoli/info-pratiche/informazioni-coronavirus. Additionally, clients can obtain information from responsible embassies and consulates.
13. Beginning and end of the stay
    
    1. The User is entitled to use the accommodation services booked starting from 3:00 pm on the day of arrival, unless otherwise explicitly specified.
    2. The booked accommodation services must cease by 10:00 am on the day of departure, unless otherwise explicitly specified.
    3. If the Guest does not vacate the accommodation by 10:00 am on the day of departure or in any case within the established time, APT Valsugana has the right to apply a supplement for late check out.
    4. In case of early departure of the User, APT Valsugana / the Accommodation Operator has the right to require the total amount due for the entire booked stay and is also allowed, as far as possible, to relocate the unused units.
14. Replacement Accommodation: unforeseeable circumstances or force majeure - Overbooking (Hospitality Product)
    1. By sending a booking, the Supplier undertakes an obligation towards the User, and cannot withdraw from the booking or cancel it, including in part, being under obligation to provide the booked service, unless the booking has become impossible due to unforeseeable circumstances or force majeure, except in case of default of the User as provided under the express termination clause. 
    2. Upon the occurrence of unforeseeable circumstances or force majeure, the agreement with the User is terminated, and the Supplier is exclusively under obligation to return the sums received from the User to confirm their booking.
    3. However, with the consent of the User, the Supplier may make available to the User an alternative accommodation, as a replacement of the accommodation booked and no longer available, as long as the such alternative accommodation has equivalent or superior characteristics to the accommodation booked. 
    4. Conversely, in case the service being booked is unavailable on account of Overbooking or for any other reason ascribable to the Supplier (such as imperative management reasons), the Supplier shall be under obligation to provide the client an alternative accommodation in a category that is equivalent or superior to the one booked, within the same facilities or, if necessary, within different facilities located in the same location or in a neighbouring location, belonging to a category that is at least equivalent to that of the Supplier, and offering similar or superior services.
    5. Any additional costs for such replacement accommodation shall be borne entirely by the Supplier.
    6. However, in the case provided under 14.4, where the User should decline such alternative accommodation without objective reasons, APT Valsugana can be considered released and only return what has been received by the User to confirm the booking.
       
       
15. Rights of the User
    1. From the beginning of the stay, the User acquires the right to use the rented units, the furnishings therein, and the structures which are normally, and under no special conditions, are available to guests.
       
       
16. Obligations of the User
    1. Upon booking, the User must provide truthful information, especially with respect to the age of the User at the moment of the service and number of the guests for which the booking is submitted.
    2. As of the booking, in order to submit any request and/or modification the User must contact APT Valsugana directly, using the indications reported at the end of the purchase Confirmation.
    3. Any request for partial modification of the booking must be submitted - exclusively in writing - to APT Valsugana, which, compatibly with its organisational requirements, may accept or decline such requests, or agree any modifications with the User, under the same terms and conditions originally agreed, and in the manners and times which the Supplier shall deem opportune.  Article 17.2 shall apply.
    4. The payment of the sum due by the User must be made directly to APT Valsugana, as per the instructions provided by the latter in the purchase Confirmation, net of any confirmation deposit paid, if any, which is withheld by way of down payment, without prejudice to the compliance with any provision of law respecting payments in cash. 
    5. Before using any unusual electric equipment, the User must request the prior authorization of the Supplier.
    6. For any damages caused by the User, the general laws and regulations applicable to damage compensation shall apply.
    7. Therefore, the User shall be liable for any fact or act ascribable to the User, either directly or indirectly (as caused by persons under the User’s responsibility), which have caused any damage to the Supplier or to third parties. 
       
       
17. Rights of the Supplier and APT Valsugana
    1. In case the User should refuse to pay the due sums, or make any payments in arrears, APT Valsugana shall have the right to retain the User’s belongings which are still within the hospitality structure, in order to guarantee its right to obtain payment of the sums due on account of the services provided.
    2. If, upon checking-in, the number of adults and children, and their respective ages, should differ from the numbers and ages declared in the booking, APT Valsugana shall be entitled to replace the assigned accommodation with more adequate ones, if available, or request the payment of an additional sum over the sum originally agreed, or annul the booking for default and cause of the User, and keep the sum paid by way of deposit.
    3. The Supplier or APT Valsugana shall have the right to remove the User from the hospitality structure if the User:
       1. uses the facilities in such a way as to damage the property or make it intolerable for the other guests to reside within the same structure, holding a disrespectful, outrageous, or in any way reckless conduct, or being responsible for criminally liable conducts against the Supplier, the members of staff and/or the persons who are within the hospitality structure;
       2. suffers from any contagious illness or an illness which evolution exceeds the duration of the agreed stay, or in case special care is required;
       3. fails to discharge, within the agreed times, the payment of the sums requested and due.
          
          
18. Animals
    1. The presence of animals is normally not allowed inside the hospitality structure or by the activities, unless previously authorised by the Supplier or APT Valsugana, and subject to an additional charge, if applicable.  Such authorisation must be requested upon submitting a booking request.
       
       
19. General principles and sources of law
    1. These GTCs can be viewed by the User during the booking process and are also published in full on the visitvalsugana.it website
    2. The sale of tourist packages is governed by the Tourism Code, specifically by art. 32 to 51- novies as amended by Legislative Decree no. 62 of 21 May 2018, transposing and implementing EU Directive 2015/2302 as well as by the provisions of the civil code on transport and mandate, as applicable.
    3. The description of the tourist package on-line and / or on paper, or in the separate travel program, as well as the booking confirmation of the services requested by the traveler are part of the travel contract as well as the booking confirm
    4. The confirm is sent by the tour operator to the traveler or to the travel agency, as the traveller's agent and the latter will have the right to receive it from the same. In signing the tourist package purchase and sale proposal, the traveler must bear in mind that it reads and accepts, for himself and for the subjects for whom he requests the all-inclusive service, both the travel contract as regulated therein, both the warnings contained therein and these general conditions.
       
       
20. Notion
    1. A "tourist package" is the combination of at least two different types of tourist services, such as
       1. the transportation of passengers;
       2. accommodation that is not an integral part of the transportation of passengers and is not intended for residential purposes or for long-term language courses;
       3. the hiring of cars, other vehicles or motorcycles requiring a category A driving licence;
       4. any other tourist service which is not an integral part of one of the tourist services listed under (1), (2) and (3) and is not a financial or insurance service for the purposes of the above mentioned journey or holiday, as long as at least one of the following conditions is met:
          1. the said services are put together by one Professional, also upon the Traveller's request or in compliance with one of their selections before a single contract for all the services is concluded;
          2. these services, even if concluded with separate contracts with individual suppliers, are:
             1. purchased from one point of sale or selected before the Traveller consents to payment;
             2. offered, sold, or invoiced at a flat or global price;
             3. advertised or sold under the name "package" or similar name;
             4. put together after the conclusion of a contract with which the Professional allows the Traveller to choose between a selection of different types of tourist services, or purchased from distinct professionals through online booking processes where the name of the Traveller, the details of the payment and the e-mail address are sent by the Professional with whom the first contract has been concluded to one or more professionals and the contract of the latter professional(s) is concluded within 24 hours after confirmation of the booking of the first tourist service at the latest.
       5. A "combined tourist service" is understood to be the combination of at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual tourist service providers, if a professional alternatively facilitates:
          1. at the time of a single visit or a single contract with your point of sale, the separate selection and separate payment of each tourist service by travellers;
          2. the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours from the time of confirmation of the booking of a first tourist service.
    2. The organizer and the seller of the tourist package, chosen by the traveller must be authorized to carry out their respective activities based on the current legislation, including regional or municipal ones, given the specific competence.
    3. Before the conclusion of the contract, the Organizer and the intermediary inform third parties of the details of the insurance policy to cover the risks deriving from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and of the intermediary, each to the extent of their competence, for the purposes of returning the paid sums or transporting the traveller back to the place of departure if the tourist package includes the transport service.
    4. Pursuant to art. 18, paragraph VI, of the Tourist Code, the use of words for business name or trading name purposes: "travel agency", "tourism agency", "tour operator", "travel mediator" or other words and phrases, even in a foreign language, of a similar nature, is allowed only to the qualified companies referred to in the first paragraph.
       
       
21. Beginning and end of the holiday packages / other provisions on the accommodation service
    1. The provisions of articles 13 -14-15-16-17-18 are considered valid for the holiday packages too
       
       
22. Notes on the activities included in the holiday package
    1. Annotations on packages with organized excursions
       1. The proposed itineraries have been created by expert mountain guides or qualified local guides, to the best of their knowledge and convictions. However, unforeseen natural events can suddenly cause changes of the trail conditions at any moment. Therefore, it is not guaranteed that the proposed routes will be accessible.
       2. Please note that the routes may require experience and good judgment with regard to the Alpine geographic context. In the mountains, the weather and, consequently, the relative needs of hikers can change rapidly. The hiker will undertake the tours under his own responsibility. In case of unexpected abandonment of a tour, the hiker will bear the cost of any services not included in the package.
       3. The achievement of the minimum number of participants must be communicated no later than 3 days before the registration date.
    2. Annotations on ski packages:
       1. Ski lift tickets are provided by local ski lift operators. The ski lifts may be unusable on an hourly or daily basis due to external circumstances (weather conditions, wind, etc.) or due to technical factors. Any operational decision is up to the individual plant operator and does not represent a reason for a reduction in the price of the package.
    3. Annotations on packages with other organized activities:
       1. The activities may change (even in progress) or be canceled if the weather conditions do not allow to perform them and in any case in all cases in which the necessary safety conditions are lacking. Any decision is up to the Provider and does not represent a reason for a reduction in the price of the package, which remains the right of APT whether to grant or not.
       2. In the event of changes or cancellation, APT Valsugana could propose alternative activities that the User may decide to accept.
          
          
23. Notes on the organized activities

    1. The activities may change (even in progress) if the weather conditions do not would allow the regular execution and anyway in all cases in which were lacking the necessary safety conditions.
    2. The activities can be cancelled by APT Valsugana in case of bad weather forecast or if the minimum number of participants is not reached (if specified).
    3. In the event of cancellation by APT Valsugana, if the minimum number of participants is not reached, the communication will be send to the contact details provided at the time of registration and the participation fee paid will be returned.
       
       
24. Contract Changes

    1. APT Valsugana reserves the right to modify these General Conditions of Sale with effect for the future at any time, without any obligation to notify the customer. The latest version is always available on the website www.visitvalsugana.it/it/cgv from the moment it enters into force. By continuing to use the site after the changes to the mediation conditions, the customer declares his consent to such changes.
    2. These conditions contain all the provisions of the contract between the User and APT Valsugana and replace all previous agreements, regardless of whether they have been concluded in written, electronic or oral form.
    3. If one of the above provisions is null or becomes void, this does not affect the validity of the other provisions.
       
       
25. Applicable law and competent court
    1. These GTC and the particular provisions of the individual Hospitality and Extra-Hospitality Operator are governed by Italian law.
    2. For any disputes that may arise regarding the execution and / or interpretation and / or validity of these terms or any other matter related to them, the jurisdiction and Italian law apply exclusively.
    3. Without prejudice to the foregoing, the parties expressly agree that the Trento court will be competent for any disputes arising from this contract.

MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW 38/2006.
“The Italian law punishes crimes regarding prostitution and child pornography, even if committed abroad”.

TECHNICAL ORGANIZATION OF HOLIDAY PACKAGES specifically indicated as sold by APT Valsugana sc
Tour operator: APT Valsugana, Viale Vittorio Emanuele III, 3, 38056 Levico Terme (TN)
Travel insurance: UnipolSai Assicurazioni SpA, Via Stalingrado, 45, 40128 Bologna (BO)



Last update: March 2021

Dear User,
pursuant to art. 13 of EU Regulation 2016/679 (hereinafter "Regulation"), Azienda Per il Turismo Valsugana soc. coop. Informs you of the following:

1. Data controller
With regard to the data processing indicated in paragraph 2.2 letters a), the Data Controller is:
Azienda Per il Turismo Valsugana soc. coop.
Viale Vittorio Emanuele, 3 
38056 Levico Terme (TN) – Italia
Mail: info@visitvalsugana.it
Phone: +39 0461 727700

As regards the data processing indicated in paragraph 2.1 letter a), Azienda Per il Turismo Valsugana soc. coop. acts as Data Processor and the Data Controller is the accommodation facility you have selected. 
For complete information abount data processing executed by individual accommodation facilities and / or that provide the services, please refer to the their website, which can also be reached from the link on the website where the booking is made.

2. Purpose of processing and legal bases

1. Your personal data are collected and processed by Azienda Per il Turismo Valsugana soc. coop., as Data Processor, for the following purposes:
1. purposes strictly related to the booking and / or budgeting service resulting from the request for availability of accommodation at the accommodation facilities within the relevant tourism sector. The legal basis for the data processing described is represented by the provision of art. 6 par. 1 letter b) of the 2016/679 EU Regulation (“processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”).
   Data belonging to special categories of personal data may also be processed (Article 9 of EU Regulation 2016/679), only with your consent, in order to satisfy your requests. 
   The provision of your data, including special ones, is necessary as their failure to provide them could make it impossible to proceed with some data processing, such as those strictly connected to the fulfillment of the contract or to the provision of the requested services.


2. Your personal data are collected and processed by the Azienda Per il Turismo Valsugana soc. coop., as Data Controller, for the following purposes:
1. purposes strictly related to the provision of services on the Site (with the exception of what is indicated in the previous point), including participation in events, activities and experiences organized and promoted by Azienda Per il Turismo Valsugana soc. coop ..
   The legal basis for the data processing described is represented by the provision of art. 6 par. 1 letter b) of the 2016/679 EU Regulation (“processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”).
   The provision of your data is necessary as failure to provide them may make it impossible to proceed with some treatments, such as those strictly related to the fulfillment of a contract or the provision of the requested services.

In all cases where the data processing is based on the consent of the data subject, it will always be possible to revoke the same by requesting the Data Controller, without prejudice to the data processing put in place up to the moment of receipt of the revocation.

3. Data type
The data necessary for the pursuit of the aforementioned purposes will be collected and processed:

1. identification data
2. contact details
3. data relating to the contractual relationship

4. Refusal to provide data
Apart from what is specified for navigation data, users/visitors are free to provide their personal data. The provision of data is in some cases necessary because, any refusal to provide it, could result in the failure to conclude or incorrect fulfillment of the contract of which the data subject is a part and/or failure to comply with the legal obligations to which the Data Controller is subject.
The provision of data for treatments that require consent is optional, failure to provide it will not make it impossible to use the products / services offered by the owner. Even in the case of consent, the data subject will still have the right to subsequently object, in whole or in part, to the processing of their personal data for the purposes set out above, making a simple request to the Data Controller at the addresses indicated above.

5. Data source
The data will be provided by the data subject or collected from third parties.

6. Processing methods
In accordance with the provisions of art. 5 of the Regulation, the personal data being processed will be:

1. processed in a lawful, correct and transparent way towards the interested party;
2. collected and recorded for specific, explicit and legitimate purposes, and subsequently processed in terms compatible with these purposes;
3. adequate, relevant and limited to what is necessary with respect to the purposes for which they are processed;
4. exact and, if necessary, updated;
5. treated in such a way as to guarantee an adequate level of security;
6. stored in a form that allows the identification of the interested party for a period of time not exceeding the achievement of the purposes for which they are processed.

The treatment will be carried out both with manual and/or IT and telematic tools with organization and processing logics strictly related to the purposes themselves and in any case in order to guarantee the security, integrity and confidentiality of the data in compliance with the organizational, physical measures and logics required by current provisions.

7. Data communication
Personal data may be communicated to the persons authorized to process, as well as to the external data processors appointed by the Data Controller (the complete list of external managers is available from the Data Controller), responsible for managing the purposes set out above. As part of the pursuit of the aforementioned purposes, the data may be disclosed to other subjects who act as independent Data Controllers.

8. Data dissemination
Personal data will not be disseminated.

9. Data transfer abroad
For the purposes indicated above, personal data will be processed within the European Economic Area (EEA). If they are transferred to third countries, in the absence of an adequacy decision by the European Commission, the provisions of the applicable legislation on the transfer of personal data to third countries will be respected, such as the Standard Contractual Clauses provided by the European Commission. For partners and sponsors whose establishment is located in non-EU countries, consent for the transfer is required and for each person with these characteristics the country will be specified.

10. Data retention
In general, personal data will be kept for the time strictly necessary to pursue the purposes for which they were collected and subjected to processing, including the retention period required by applicable legislation and, in any case, for a maximum period of 10 years from the termination of the relationship between the Data Controller anda data subject, for a maximum period of 2 years or until revocation for the purposes in which your consent is required, except for the possible need of the Data Controller to defend his right in court.

11. Rights of the data subjects
Pursuant to EU Regulation 2016/679 art. from 15 to 22 and of the current national legislation, the data subject may, according to the methods and within the limits established by the current legislation, exercise the following rights:
- request confirmation of the existence of personal data concerning him (right of access);
- know its origin;
- receive intelligible communication;
- have information about the logic, methods and purposes of the treatment;
- request the updating, correction, integration, cancellation, transformation into anonymous form, blocking of data processed in violation of the law, including those no longer necessary for the pursuit of the purposes for which they were collected;
- as well as, more generally, exercise all the rights that are recognized by the current provisions of the law.
The exercise of rights may take place by sending a request that must be addressed without any formality to the Data Controller at the addresses indicated above.
Before providing an answer, the Data Controller may need to identify the data subject, by requesting to provide a copy of his identity document.
Written feedback will be provided without undue delay and, in any case, no later than one month after receipt of the request.

12. Complaint
In the event that the data subject believes that the processing of their personal data violates the provisions of EU Regulation 2016/679, he has the right to lodge a complaint with the supervisory authority, pursuant to art. 77 of the Regulation itself, as well as resorting to the judicial authority.