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General Terms and Conditions

 
 
GENERAL TERMS AND CONDITIONS OF SALE 

 

The General Conditions of Sale (hereinafter "General Conditions") regulate and govern the methods of sale and use of tourist packages offered by Alemar SC through the website www.movincoming.com

Alemar Società Cooperativa (hereinafter referred to as "Alemar" or "Organizer") is a travel and tourism agency located in Via Roma 4, San Severino Marche (MC) 62027, P.IVA 01382480430 registered REA MC - 148171.

 

1.REGULATORY SOURCES. APPLICABLE LAW AND COMPETENT COURT

 

Movincoming products are subject to the technical organization, marketing and intermediation of Alemar, duly authorized with regional authorizations and in compliance with national regulations.
The contract of intermediation, organization and sale of tourist packages is governed by these General Conditions, as well as by the provisions, insofar as applicable, of Legislative Decree 23 May 2011, no. 79 (hereinafter "Tourism Code"), as amended by Legislative Decree 21 May 2018, no. 62 (transposing regulation of EU Directive 2015/2302), as well as by any other provision in force in our system and applicable to the contracts covered by these conditions as far as not expressly derogated herein. Any dispute arising out of or in connection with these conditions or the relationship between the user and Alemar will be referred to the Court of Macerata or the Court as defined by Legislative Decree no. 205/2006 (hereinafter "Consumer Code"), and will be governed by Italian law as the services covered by the tourist package take place exclusively on Italian territory.

 

2.DEFINITIONS

 

For the purposes of contracts of intermediation and sale of tourist packages, in compliance with Article 33, Tourism Code, the following definitions are given:

  1. "Traveler": anyone who intends to conclude a contract, enters into a contract or is authorized to travel under a contract for a tourist package or related tourist service;
  2. "Professional": any public or private natural or legal person who, as part of his or her commercial, industrial, artisanal or professional activity, acts, in contracts for package tours or related tourist services, including through another person acting in his or her name or on his or her behalf, as an organizer, seller, professional facilitator of related tourist services or supplier of tourist services, in accordance with current regulations;
  3. "Organizer": a Professional who combines packages and sells or offers them for sale directly or through or together with another Professional, or a Professional who transmits data relating to the Traveler to another Professional in accordance with letter c), number 2.4) of article 33 of the Tourism Code;
  4. "Seller": the Professional other than the Organizer who sells or offers for sale combined packages from an Organizer;
  5. "Establishment": the Establishment defined in Article 8, paragraph 1, letter e), of Legislative Decree no. 59 of 26 March 2010;
  6. "Durable medium": any instrument that allows the Traveler or Professional to store information that is personally addressed to him or her in such a way that it can be accessed in the future for a period of time appropriate to the purposes for which it is intended and which allows the identical reproduction of the information stored;
  7. "Unavoidable and Extraordinary Circumstances": means a situation beyond the control of the party invoking such a situation and the consequences of which would not have been avoided even if all reasonable measures had been taken;
  8. "Default": a failure to perform the tourist services included in a package;
  9. "Minor": a person under the age of 18 years;
  10. "Return": the return of the Traveler to the place of departure or another place agreed upon by the contracting parties.


The contract between the seller and Alemar is concluded from the moment in which the seller makes the payment, even partial, of the service and receives confirmation of the purchase by email at the address provided during the booking process as indicated in the following article 5 "Reservations".
For what is not differently provided or derogated here, the provisions of the Tourism Code are expressly referred to.

 

  1. NOTION OF TOURIST PACKAGE

 

A tourist package (marketed on crusoe.travel as "Trip" or "Tour" or "Itinerary" or "Package") is defined as the combination of at least two different types of tourist services for the purposes of the same trip or vacation, if at least one of the following conditions occurs:

 

  • these services are combined by a single Professional, even at the request of the Traveler or in accordance with his or her selection, before a single contract is concluded for all the services;
  • such services, even if concluded under separate contracts with individual tourist service providers, are:

 

  1. purchased at a single point of sale and selected before the Traveler consents to payment;
  2. offered, sold or invoiced at a flat rate or global price;
  3. advertised or sold under the name Package or Trip or Itinerary or Tour;
  4. combined after the conclusion of a contract whereby the Professional allows the Traveler to choose from a selection of different types of tourist services, or purchased from separate professionals through related online reservation processes where the name of the Traveler, payment details and e-mail address are transmitted by the Professional with whom the first contract is concluded to one or more professionals and the contract with the latter professional(s) is concluded no later than 24 hours after the confirmation of the reservation of the first tourist service.

 

  1. PRE-CONTRACTUAL INFORMATION

 

Before the conclusion of the package contract, distributed or organized by Alemar, the latter commits to provide the Traveler, eventually through the Seller, in a clear, precise and legible format, according to the provisions of the Tourism Code, the following information:

 

  1. the main characteristics of the tourist services, such as:
    1. the destination(s) of the trip, the itinerary and periods of stay with relative dates and, if accommodation is included, the number of nights included;
    2. the means, characteristics and categories of transportation, the places, dates and times of departure and return, the duration and location of intermediate stops and connections; in the event that the exact time is not yet established, the Organizer and, if applicable, the Seller, will inform the Traveler of the approximate time of departure and return;
    3. the location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination
    4. the meals provided;
    5. the visits, excursions or other services included in the total agreed price of the package
    6. the tourist services provided to the Traveler as a member of a group and, in this case, the approximate size of the group
    7. the language in which the services are provided;
  2. the commercial name of the Organizer, if this is a subject other than Alemar;
  3. the total price of the Package including taxes and all fees, taxes and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable prior to the conclusion of the contract, an indication of the type of additional costs that the Traveler may still incur;
  4. the method of payment, including the amount or percentage of the price to be paid as a deposit, if any, and the schedule for payment of the balance, or the financial guarantees that the Seller is required to pay or provide;
  5. if applicable, the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5, letter a), Tourism Code, prior to the beginning of the package for the possible termination of the contract in the event that the number is not reached;
  6. information of a general nature concerning the conditions of passport and visa for entry into the country of destination;
  7. information on the Traveler's right to transfer the package to third parties upon reasonable notice and payment of additional costs, as well as the right to withdraw from the contract at any time prior to the start of the package upon payment of the withdrawal costs as stipulated in Article 9 of these General Conditions;
  8. information on the optional or obligatory subscription of an insurance policy that covers the costs of unilateral withdrawal from the contract by the Traveler or the costs of assistance, including re-entry, in the event of accident, illness or death;
  9. information on the right to terminate the contract without paying termination fees and to obtain a full refund of payments if any of the essential elements of the package, other than the price, is substantially changed; in any case, the organizer undertakes to provide suitable alternative solutions in the event that some of the substantial elements of the package cannot be provided in accordance with the agreement;
  10. information on any increase in the cost of the package and the rights of the Traveler, pursuant to art. 8 of these General Conditions;
  11. the details of the insurance coverage in case of bankruptcy or insolvency of the organizer.

 

Alemar will also specify from the outset if the trips brokered, organized and / or sold may not be suitable, by their type, to travelers with reduced mobility.

 

  1. BOOKINGS

 

The sale will be concluded at the moment of the booking of the package, which will be considered positively carried out when Alemar will receive the full or partial payment of the tourist package selected on the site www.movincoming.com. Alemar will issue the contract confirmation via email, downloadable on a durable medium. According to art. 32, paragraph 2, Tourism Code, we inform you that for this type of contract is excluded the right of withdrawal under Art. 47 paragraph 1 letter g of the Consumer Code.

 

  1. PAYMENT OF THE PRICE

 

In order to confirm the reservation, the Traveler will be required to pay, by credit card or bank transfer to ALEMAR IBAN: IT76Z0200869150000104970964, Unicredit Bank BIC/SWIFT: UNCRITM1QN8 of the total amount or to the sum indicated during booking phase. Payment schedules or installments will be established with specific agreements between Organizer and Seller.  

 

  1. CONTENT OF THE CONTRACT

 

Pursuant to Article 36 of the Tourism Code, tourist package contracts are formulated in simple and clear language and if in written form, legible. At the time of completing the sale of the package, or in any case, as soon as possible, the Organiser or Seller will provide the Traveler with a copy or confirmation of the contract on a durable medium.
The Package contract and/or its confirmation will contain the full content of the agreement, which contains all of the pre-contractual information required by Art. 34 paragraph 1 of the Tourism Code, as well as the following information:

  1. the specific requests of the traveler accepted by the Organizer;
  2. a declaration that the Organiser, specifically identified, is responsible for the exact execution of all the tourist services included in the contract in accordance with Art. 42 of the Tourism Code, and is obliged to provide assistance if the Traveler finds himself in difficulty in accordance with Art. 45 of the Tourism Code;
  3. the name and contact details, including geographical address, of the person responsible for protection in the event of insolvency;
  4. the name, address, telephone number, e-mail address, and, if any, the fax number of the traveler's local representative, point of contact or other service that enables the traveler to communicate quickly and effectively with the company to request assistance or to make any complaints relating to lack of conformity found during the execution of the package in accordance with Article 13 below;
  5. the fact that the Traveler is required to communicate, without delay, any lack of conformity found during the execution of the package in accordance with Article 42, paragraph 2, of the Tourism Code;
  6. in the case of minors, unaccompanied by a parent or other authorized person, who are traveling under a tourist package contract that includes accommodation, the information that enables direct contact to be established with the Minor or the person responsible for the Minor in his or her place of stay;
  7. if provided, information regarding existing complaint handling procedures and Alternative Dispute Resolution (ADR) mechanisms pursuant to Legislative Decree No. 206 of September 6, 2005, and the ADR entity by which the Professional is regulated and the online dispute resolution platform pursuant to Regulation (EU) No. 524/2013;
  8. information on the Traveler's right to assign the contract to another Traveler pursuant to Article 38, Tourism Code;
  9. documentation relating to the medical assistance and baggage policy, included in the package, as well as, if purchased at the time of booking, that relating to the coverage to protect the cancellation of the trip.

 

  1. MODIFICATION AND CANCELLATION OF THE TOURIST PACKAGE BEFORE THE BEGINNING OF THE PACKAGE

 

If, as provided for in article 40, paragraphs 2,3,4 and 5 of the Tourism Code, before the beginning of the package, Alemar is forced to significantly modify one or more of the main characteristics of the tourist services referred to in article 34, paragraph 1, letter a) of the Tourism Code, or cannot meet the specific requests referred to in article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 percent, must give written notice to the Traveler without delay, indicating the incidence of these changes on the package, the Traveler, within 5 days, may accept the proposed change or withdraw from the contract without paying withdrawal fees.
In case of withdrawal, to be exercised by written communication, Alemar may offer the Traveler, within the next 5 days, a replacement package of equivalent or superior quality. In particular, the Traveler can accept the proposal made by the Organizer of a replacement package of equivalent or superior quality to the original one, or exercise the right of withdrawal without penalty, the provisions of Article 40 paragraph 5 of the Tourism Code apply.

 

Price increases are possible exclusively as a result of changes concerning:

 

  • the price of passenger transport as a function of the cost of fuel or other energy sources, where the service is expressly provided for in the contract;
  • the level of taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and embarkation fees at ports and airports
  • exchange rates relevant to the package.

 

An increase in price, regardless of its magnitude, is only possible following clear and precise communication on a durable medium from the organization to the Traveler, together with the justification for such an increase and the method of calculation, at least twenty days prior to the start of the package.
In the event of a price decrease, the Organizer has the right to deduct the administrative and handling costs from the refund due to the Traveler, from which it is obliged to provide proof at the request of the Traveler.
Prior to the beginning of the package, Alemar reserves the right to unilaterally modify the conditions of the contract without any of the aforementioned consequences and as long as the modification is of minor importance, a modification of which will be communicated to the Traveler clearly and precisely on a durable medium.

 

  1. RIGHT OF WITHDRAWAL BEFORE THE START OF THE PACKAGE

 

Pursuant to art. 41 paragraph 1 of the Tourism Code, the Traveler may withdraw from the tourist package contract at any time before the beginning of the package, against reimbursement to the Organizer by payment of cancellation fees, as listed below.

After receiving a regular trip cancellation request through the through the suitable communication channels available on www.movincoming.com, Alemar - even outside the cases expressly provided for by law - undertakes to recognize a refund of the amount paid at the time of booking, commensurate with the percentage of penalties, determined according to the criteria listed below:

 

  • More than 41 days before the date of departure: no penalty
  • From 40 to 31 days before the date of departure: 10% penalty of the total package;
  • From 30 to 21 days before the departure date: 50% penalty of the total package;
  • From 20 to 15 days before the departure date: 75% penalty of the total package;
  • Under 14 days prior to departure: 100% penalty of the total package.

 

In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity that have a substantial impact on the execution of the package or the transportation of passengers to the destination (by way of example but not limited to: popular uprisings, extraordinary and unforeseeable natural disasters that could substantially affect the execution of the services purchased) the Traveler has the right to withdraw from the contract, prior to the start of the package, without paying withdrawal fees, and to a full refund of payments made for the package, but is not entitled to additional compensation.

 

The organizer may withdraw from the tour package contract and offer the traveler a full refund of payments made for the package, but is not required to pay additional compensation if:

 

  • The number of persons enrolled in the package is less than the minimum stipulated in the contract and the Organizer notifies the Traveler of the withdrawal from the contract within the time limit set in the contract and, in any case, no later than 20 days before the start of the package in the case of trips that last more than 6 days, 7 days before the start of the package in the case of trips that last between 2 and 6 days, 48 hours before the start of the package in the case of trips that last less than two days;
  • The Organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the Traveler without undue delay before the start of the package.

 

  1. ALEMAR'S LIABILITY FOR INCORRECT EXECUTION OF THE PACKAGE

 

The Organizer is responsible for the execution of the tourist services foreseen in the tourist package contract, regardless of whether such services are to be provided by the Organizer itself, by its auxiliaries or supervisors when acting in the exercise of their functions, by third parties whose work it uses or by other suppliers of tourist services, pursuant to article 1228 of the Civil Code.
Pursuant to articles 1175 and 1375 of the Civil Code, the Traveler shall inform the Organiser, directly or through the Seller, in a timely manner, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service included in the tourist package contract.
If one of the tourist services is not performed as agreed in the tourist package contract, the company will remedy the lack of conformity, unless this is impossible or excessively costly, taking into account the lack of conformity and the value of the tourist services affected by the defect.
If the company does not remedy the Conformity Defect within a reasonable period set by the Traveler in relation to the duration and characteristics of the package, the Traveler can remedy the defect himself/herself and request reimbursement of the necessary, reasonable and documented expenses; if the company refuses to remedy the Conformity Defect or if it is necessary to remedy it immediately, the Traveler does not need to specify a deadline.
If a Conformity Defect, in accordance with Article 1455 of the Civil Code, constitutes a non-significant breach of the tourist services included in a package and the Organizer has not remedied this within a reasonable period of time established by the Traveler in relation to the duration and characteristics of the package, upon timely notification, the Traveler may, without charge, terminate the tourist package contract with immediate effect or, if appropriate, request, in accordance with Article 43 of the Tourism Code, a reduction in the price, without prejudice to any compensation for damages. In the latter case, if the package included the transport of passengers, the Organizer will also provide for the return of the Traveler with an equivalent transport without undue delay and without additional costs for the Traveler.
Where it is impossible to ensure the Traveler's return, the Provider will bear all costs of the necessary accommodation, where possible of a category equivalent to what was provided in the contract, for a period of no more than three nights per Traveler or for the longest period that may be stipulated by the European Union legislation on passenger rights, applicable to the relevant means of transport.

 

  1. TRAVELER'S RESPONSIBILITIES

 

The travelers are required to respect the following obligations:

  1. to verify the correctness of their personal data entered on the website at the time of booking; Alemar is not responsible for any errors and/or inaccuracies reported in the tickets and the traveler is also required to check the correctness and documents at the time of receipt and immediately report any discrepancies;
  2. comply with health regulations and prophylaxis if required by the Italian health authorities;
  3. to respect the dispositions related to the visas and the Italian entry restrictions, in reference to the own nationality, finding the useful information at the own embassy and/or consular authority. Alemar is not responsible for any problems of entry into the Italian Republic;
  4. to be in possession of an identity document valid for entry into the Italian territory, unless otherwise provided by the competent Authorities, which the Traveler must verify. Alemar is not responsible in case of entry problems related to this hypothesis;
  5. if car rental is foreseen in the itinerary, be in possession of a valid driving license. Alemar is not responsible in case of problems or higher costs related to this hypothesis and/or connected to the rates applied by the rental company (by way of example, the surcharge for the traveler/driver under 25 years of age) and/or connected or however deriving from the relative rental contract;
  6. check the entry regulations for minors in the Italian State.

The Organizer of the trip will not be liable for any damages caused to the Traveler due to the failure to comply with these obligations and the Traveler will have to bear all eventual expenses arising from this, including those of the forced stay, denied  entry or early return. In the case referred to in point 2 above, if the Traveler contracts infections or illnesses during the course of the Package and has not purchased the corresponding insurance, all related expenses will be borne exclusively by the Traveler.

 

  1. LIMITS OF COMPENSATION AND PRESCRIPTION

 

The compensation to which the Traveler may be entitled is governed by articles 43 and 46, Tourism Code, and in any case within the limits provided by the international conventions applicable to the services that are the subject of the tourist package. In accordance with article 46 of the Tourism Code, the right to compensation is prescribed in three years, or in the longest period for compensation for personal damages provided by the provisions that regulate the services included in the package, from the date of the return of the Traveler to the place of departure.

 

  1. DEADLINE FOR COMPLAINTS PRESENTATION

 

The Traveler is obliged to notify the company, without delay, of any non-fulfilment and/or incorrect fulfilment during the trip by means of a timely complaint and, in any case, within the deadline and in the manner specified below, so that the company or its representatives can verify the claims made by the Traveler and take all necessary measures. Under penalty of forfeiture, the Traveler must send, within 10 days of his or her return, a complaint by registered letter with acknowledgment of receipt or by Posta Elettronica Certificata. 

 

  1. GUARANTEES FOR THE TRAVELER. INSURANCE

 

In compliance with the regulations of the sector, Alemar is insured for the possible reimbursement of the price paid for the purchase of the tourist package and the immediate return of the tourist, in cases of insolvency and/or bankruptcy of the Organizer. The party responsible for providing the aforementioned guarantee is TUA Assicurazioni (policy number 40321512000281). The Traveler, at the time of stipulating the tourist package contract, is informed of the details of the guarantee, as well as the times and methods for accessing it. In compliance with the regulations of the tourism sector Alemar has in place a contract of general liability insurance stipulated with Allianz, Policy Number 114099280.

Each package includes medical insurance / baggage for travelers residing in Italy, for which Alemar will undertake to send all passenger details to the insurance partner. In addition, the traveler, after accepting the terms and conditions, can purchase cancellation insurance as an additional service.

 

  1. MODIFICATIONS

 

Alemar reserves the right to modify these General Conditions at any time, in order to adapt them to its operational needs or to comply with the latest regulations that may be necessary from time to time; the changes will take effect from the time of their publication on the portal www.crusoe.travel

 

16.LIBERATORY


During the Package, photos and videos of the Traveler may be collected in order to allow him/her to participate more fully in the purchased trip, as well as for commercial and advertising purposes. By purchasing the Package, the Traveler assigns free of charge all relevant and necessary rights to use the photos and videos to Movincoming and Alemar. In particular, Movincoming and Alemar may use, distribute, reproduce, elaborate, modify, publish to the public, transmit on any analog and computer and/or digital support, without any limitation whatsoever, their portrait and image contained in the aforementioned videos and photos. The Traveler guarantees Alemar e Movincoming the peaceful enjoyment of all the rights granted under this article and indemnifies Alemar e Movincoming and/or its assignees from any action and/or claim by third parties relating to the photos and videos and their exploitation, assuming sole responsibility for the same. In any case, Alemar and Movincoming will not use the photos and videos in contexts or in ways that could damage the honor, reputation and decorum of the traveler portrayed and/or filmed.

 

17.PRIVACY (LEGISLATIVE DECREE N.196 OF 30 JUNE 2003 EUROPEAN REGULATION 2016/79)

 

The data relating to customers with whom the Seller will come into contact during the execution of the relationship, are subject to the discipline of Legislative Decree 30 June 2003, n.196 "Code on the protection of personal data" (hereinafter "Code") as amended by European Regulation 679/2016.

The Seller and the Organizer, to the extent of their respective competences, expressly undertake to respect and apply all the rules on protection with respect to personal data and identification data referred to in the above-mentioned Code. In particular, they undertake to fulfil, as autonomous owners, all the information obligations of the law, to obtain the consent of the interested parties and the processing of the data themselves, where necessary, and to adopt all the security measures necessary and/or appropriate to safeguard the confidentiality, integrity and completeness of the processed data, in full compliance with the provisions of the above mentioned Code as well as any subsequent implementation and / or supplementary provision, the circulars and the provisions of the Guarantor Authority for the protection of personal data. 

In relation to the activity of collecting consents to the processing of personal data and the storage of the same as recorded in the mandate given by the traveler to the Seller for the purchase of packages / tourist services organized by TO, as well as in relation to access to the site www.movincoming.com, or other computerized booking systems.

The Seller expressly agrees to indemnify and hold harmless the Organizer from any claim, without exclusion, is made against the Organizer by the travelers with whom it comes into contact, in the execution of the relationship or any other third party, for any reason or cause in any way connected with any violation by the Seller from the above law. 

 

Addendum - TERMS AND CONDITIONS OF SALE - EXCURSIONS AND SINGLE DAY ACTIVITIES

 

1.PRE-PURCHASE INFORMATION

 

This Addendum defines the terms and conditions of purchase through www.movincoming.com, the terms and conditions of which apply exclusively to the sale of "Excursions" and more generally to "Activities" and "Experiences" that take place within 24 hours that may include a single tourist service or multiple services in coordination. Multi-day Travel Packages are not subject to the following General Conditions of Sale of Same-day Activities.

 

Prior to the purchase of Excursions distributed or organized by Alemar, Alemar agrees to provide the Traveler through the Seller with the following information in a clear, accurate and legible format:

 

Key features of the included services, such as:
- the destination, departure time, meeting place the approximate duration of the activity;
- the meals and beverages provided, if any;
- the difficulty and length of the route if it is, by way of example but not limited to, trekking itineraries, cycling or in general that include travel on foot or by means equipped or not equipped with a heat engine or other type of power supply;
- the suitability of the activity for people with reduced motor mobility
- the inclusion of transfers by public or private transportation, if any;
- the commercial name of the Organizer, where this is a subject other than Alemar;
- the total price of the Package including taxes and all fees, duties and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable prior to the conclusion of the purchase, an - indication of the type of additional costs that the Traveler may still have to incur;
- the method of payment;
- if applicable, the minimum number of persons required to activate the activity, whether exclusive or meant to be private;
information on the Traveler's right to transfer the package to a third party upon reasonable notice and payment of additional costs, as well as the right to withdraw from the purchase at any time prior to the start of the activity upon payment of the withdrawal fees as provided in Article 6 of this Addendum.

2. REGULATORY SOURCES FOR CONTRACTS THAT INCLUDE A SINGLE SERVICE

 

The contracts having as their object the offer of a single service, by way of example but not limited to: transport service only, excursion services of various types, or any other tourist service, not being able to configure as a negotiated case of travel organization or tourist package, is governed by the provisions of Italian Law 27 December 1977, n. 1080 (International Convention on Travel Contracts CCV) and its amendments to the articles specified below:

 

- article 1 paragraph 3 "Contract of Travel Intermediation" and paragraph 6 "Travel Intermediary";
- articles 17 - 23 relating to the "Contract of Travel Intermediary";
- articles 24 - 28 relating to the "Common Provisions";
- articles 29-30 on "Legal Actions;
- article 31 on "Nullity of stipulations contrary to the Convention".

3. BOOKINGS

 

The sale will be concluded at the time of booking the activity, which will be considered positively carried out when Alemar receives full payment of the activity selected on the site www.crusoe.travel. Alemar will issue the confirmation of contract via email, downloadable on a durable medium. According to art. 32, paragraph 2, Tourism Code, we inform you that for this type of contract is excluded the right of withdrawal under 'art. 47 paragraph 1 letter g of the Consumer Code.

 

4.PAYMENT OF THE PRICE

 

In order to confirm the reservation, the Seller will be required to pay, by credit card or by other means of payment provided, or any other amount indicated in the travel estimate including taxes and fees required by law, as well as, if selected at the time of booking, coverage to protect the cancellation of the Activity.

The Seller will be required to pay the total balance of the total cost of the activity at least 30 days before the date of beginning, by connecting to the website www.crusoe.travel or by contacting Movincoming partner service via email or on www.movincoming.com, by credit card or by the other payment methods provided.
If the reservation is made by the Traveler within the period of 29 days before the scheduled date of departure of the trip, the Traveler is required to pay, at the same time as sending the booking confirmation, the full payment of the package, including all necessary expenses.
Failure to pay the above amounts, on the dates established, constitutes an express termination clause and will therefore result in the automatic termination of the contract to be made with simple communication to the Traveler with no right to refund or compensation.

 

5.MODIFICATION AND CANCELLATION OF THE ACTIVITY BEFORE ITS PROGRESS BY THE ORGANIZER

 

For all circumstances in which the Organizer is forced to modify or cancel the Activity purchased by the Traveler, or is unable to meet the characteristics described, accepted and purchased by the Traveler, Alemar will notify the Traveler in writing without delay, indicating the impact of the modifications on the Activity. The Traveler can accept the proposed change or withdraw from the contract without any withdrawal costs by simple written notice. Alemar may offer a replacement activity of equal or superior quality, the issuance of a voucher to the value of the total price of the activity for future purchases or if requested by the Traveler, will issue a full refund.

 

6.MODIFICATION AND CANCELLATION OF THE ACTIVITY BEFORE ITS PROGRESS BY THE TRAVELER

 

The Traveler may cancel or modify the date of delivery, the number of participants, or the Activity at any time prior to the date established for its use. In the event of cancellation of the activity by the traveler, the traveler has the right to be refunded according to the procedures set forth below.
After receiving a regular request for cancellation of the activity specifically in a written form on www.movincoming.com, or with other communication at the channels and addresses of Movincoming, Alemar is committed to recognizing a refund of the amount paid at the time of purchase, commensurate with the percentage of penalties, determined according to the criteria listed below:

 

- More than 24 hours before the commencement time of the Activity: no penalty
- Within 24 hours prior to the commencement time of the Activity: 100% penalty of the total amount paid for the Activity.

If unavoidable and extraordinary Circumstances occur at or in the immediate vicinity of the place of performance of the Activity and which materially affect the performance of the Activity (including but not limited to: adverse weather events that could prejudice the safety of the participants, extraordinary and unforeseeable natural disasters that could affect the substantial execution of the Activity) the Traveler has the right to withdraw from the purchase, prior to the start of the Activity, without paying withdrawal fees, and to a full refund of the payments made for the Activity, without the right to additional compensation.
The Organizer may cancel or modify substantial features of the Activity (including, but not limited to: the time of the Activity, the location or place of commencement, change of operator) and offer the Traveler a full refund of the amount paid, but is not required to pay additional compensation if

 

The number of persons enrolled in the Activity is less than the minimum envisaged for its activation. The Organizer notifies the Traveler of the cancellation of the Activity no later than 48 hours prior to the start of the Activity;
The Organizer is unable to provide the Activity due to Unavoidable and Extraordinary Circumstances and notifies the Traveler of the cancellation without undue delay prior to the start of the Activity.

7.LIABILITY OF ALEMAR FOR INEXACT PERFORMANCE OF THE ACTIVITY

 

Alemar is responsible for the execution of the Activity and all the services provided therein, regardless of whether such services are to be provided by the Organizer itself, by its auxiliaries or supervisors when acting in the exercise of their duties, by third parties whose work it uses or by other service providers.
Pursuant to Articles 1175 and 1375 of the Civil Code, the Traveler shall inform the company, directly or through the seller, in a timely manner, taking into account the circumstances of the case, of any lack of conformity found during the execution of the activity or parts thereof related to the purchase made.
If one or more of the services in the Activity is not performed as described in the pre-purchase information, Organizer will remedy the Conformity Defect unless it is impossible or unduly burdensome to do so, taking into account the Conformity Defect and the value of the services affected by the defect.
If the Provider does not remedy the Conformity Defect within a reasonable period of time set by the Traveler in relation to the duration and characteristics of the package, the Traveler can remedy the defect himself/herself and request reimbursement of the necessary, reasonable and documented expenses; if the Provider refuses to remedy the Conformity Defect or if it is necessary to remedy it immediately, there is no need for the Traveler to specify a deadline.

 

8.LIABILITY OF THE TRAVELER

 

Travelers are required to comply with the following obligations:

 

- to verify the correctness of their personal data entered on the website at the time of booking; Alemar is not responsible for any errors and/or inaccuracies reported in the travel documents and the Traveler is also required to check the correctness and documents at the time of receipt and immediately report any discrepancies; Alemar will not be considered responsible for inexact or denied delivery of activity due to the incorrect trasmission of documents or key personal information;
- scrupulously comply with what is described on the travel documents. With particular regard to:
- time of convocation for the beginning of the Activity;
- the place of convocation of the Activity;
- any equipment necessary for the proper and safe conduct of the Activity
- any prohibitions or specific indications (by way of example but not limited to: possible access to animal habitats)
- scrupulously respect the indications of the personnel appointed by Alemar for the correct and safe carrying out of the Activity;
- respect the places, equipment, means and personnel necessary for the normal carrying out of the activities. Alemar is not responsible for any damage caused to third parties during the participation in activities and excursions and it promotes the defense of its collaborators in the competent seats if they are victims of verbal or physical harassment of any kind;
- if provided for by the Activity, to be in possession of valid identity and driving documents, in particular if necessary, by way of example but not limited to, for driving vehicles.

The Organizer of the Activity will not be liable for any damages caused to the Traveler due to the failure to comply with these obligations, and the Traveler will have to bear all possible expenses resulting from the failure to comply with all obligations. It should also be noted that the Organizer, in consultation with the collaborators in charge of the activities, may, at their sole discretion, deny the performance or interrupt it at any time in the event that any of the obligations listed are not adequately met, without the right of the traveler to request a refund of even part of the amount paid for the activity that is interrupted.

 

9. MODIFICATIONS


Alemar reserves the right to modify these General Conditions at any time, in order to adapt them to its operational needs or to comply with the latest regulations that may be necessary from time to time; the changes will take effect from the time of their publication on the portal www.movincoming.com

 

Addendum - TERMS AND CONDITIONS OF SALE - EXCURSIONS AND SINGLE DAY ACTIVITIES

 

1.PRE-PURCHASE INFORMATION

 

This Addendum defines the terms and conditions of purchase through www.movincoming.com, the terms and conditions of which apply exclusively to the sale of "Excursions" and more generally to "Activities" and "Experiences" that take place within 24 hours that may include a single tourist service or multiple services in coordination. Multi-day Travel Packages are not subject to the following General Conditions of Sale of Same-day Activities.

 

Prior to the purchase of Excursions distributed or organized by Alemar, Alemar agrees to provide the Traveler through the Seller with the following information in a clear, accurate and legible format:

 

Key features of the included services, such as:


- the destination, departure time, meeting place the approximate duration of the activity;
- the meals and beverages provided, if any;
- the difficulty and length of the route if it is, by way of example but not limited to, trekking itineraries, cycling or in general that include travel on foot or by means equipped or not equipped with a heat engine or other type of power supply;
- the suitability of the activity for people with reduced motor mobility
- the inclusion of transfers by public or private transportation, if any;
- the commercial name of the Organizer, where this is a subject other than Alemar;
- the total price of the Package including taxes and all fees, duties and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable prior to the conclusion of the purchase, an - indication of the type of additional costs that the Traveler may still have to incur;
- the method of payment;
- if applicable, the minimum number of persons required to activate the activity, whether exclusive or meant to be private;
information on the Traveler's right to transfer the package to a third party upon reasonable notice and payment of additional costs, as well as the right to withdraw from the purchase at any time prior to the start of the activity upon payment of the withdrawal fees as provided in Article 6 of this Addendum.

2. REGULATORY SOURCES FOR CONTRACTS THAT INCLUDE A SINGLE SERVICE

 

The contracts having as their object the offer of a single service, by way of example but not limited to: transport service only, excursion services of various types, or any other tourist service, not being able to configure as a negotiated case of travel organization or tourist package, is governed by the provisions of Italian Law 27 December 1977, n. 1080 (International Convention on Travel Contracts CCV) and its amendments to the articles specified below:

 

- article 1 paragraph 3 "Contract of Travel Intermediation" and paragraph 6 "Travel Intermediary";
- articles 17 - 23 relating to the "Contract of Travel Intermediary";
- articles 24 - 28 relating to the "Common Provisions";
- articles 29-30 on "Legal Actions;
- article 31 on "Nullity of stipulations contrary to the Convention".

3. BOOKINGS

 

The sale will be concluded at the time of booking the activity, which will be considered positively carried out when Alemar receives full payment of the activity selected on the site www.crusoe.travel. Alemar will issue the confirmation of contract via email, downloadable on a durable medium. According to art. 32, paragraph 2, Tourism Code, we inform you that for this type of contract is excluded the right of withdrawal under 'art. 47 paragraph 1 letter g of the Consumer Code.

 

4.PAYMENT OF THE PRICE

 

In order to confirm the reservation, the Seller will be required to pay, by credit card or by other means of payment provided, or any other amount indicated in the travel estimate including taxes and fees required by law, as well as, if selected at the time of booking, coverage to protect the cancellation of the Activity.

The Seller will be required to pay the total balance of the total cost of the activity at least 30 days before the date of beginning, by connecting to the website www.crusoe.travel or by contacting Movincoming partner service via email or on www.movincoming.com, by credit card or by the other payment methods provided.
If the reservation is made by the Traveler within the period of 29 days before the scheduled date of departure of the trip, the Traveler is required to pay, at the same time as sending the booking confirmation, the full payment of the package, including all necessary expenses.
Failure to pay the above amounts, on the dates established, constitutes an express termination clause and will therefore result in the automatic termination of the contract to be made with simple communication to the Traveler with no right to refund or compensation.

 

5.MODIFICATION AND CANCELLATION OF THE ACTIVITY BEFORE ITS PROGRESS BY THE ORGANIZER

 

For all circumstances in which the Organizer is forced to modify or cancel the Activity purchased by the Traveler, or is unable to meet the characteristics described, accepted and purchased by the Traveler, Alemar will notify the Traveler in writing without delay, indicating the impact of the modifications on the Activity. The Traveler can accept the proposed change or withdraw from the contract without any withdrawal costs by simple written notice. Alemar may offer a replacement activity of equal or superior quality, the issuance of a voucher to the value of the total price of the activity for future purchases or if requested by the Traveler, will issue a full refund.

 

6.MODIFICATION AND CANCELLATION OF THE ACTIVITY BEFORE ITS PROGRESS BY THE TRAVELER

 

The Traveler may cancel or modify the date of delivery, the number of participants, or the Activity at any time prior to the date established for its use. In the event of cancellation of the activity by the traveler, the traveler has the right to be refunded according to the procedures set forth below.
After receiving a regular request for cancellation of the activity specifically in a written form on www.movincoming.com, or with other communication at the channels and addresses of Movincoming, Alemar is committed to recognizing a refund of the amount paid at the time of purchase, commensurate with the percentage of penalties, determined according to the criteria listed directly on the activity booking page. 

 

If unavoidable and extraordinary Circumstances occur at or in the immediate vicinity of the place of performance of the Activity and which materially affect the performance of the Activity (including but not limited to: adverse weather events that could prejudice the safety of the participants, extraordinary and unforeseeable natural disasters that could affect the substantial execution of the Activity) the Traveler has the right to withdraw from the purchase, prior to the start of the Activity, without paying withdrawal fees, and to a full refund of the payments made for the Activity, without the right to additional compensation.
The Organizer may cancel or modify substantial features of the Activity (including, but not limited to: the time of the Activity, the location or place of commencement, change of operator) and offer the Traveler a full refund of the amount paid, but is not required to pay additional compensation if

 

The number of persons enrolled in the Activity is less than the minimum envisaged for its activation. The Organizer notifies the Traveler of the cancellation of the Activity no later than 48 hours prior to the start of the Activity;
The Organizer is unable to provide the Activity due to Unavoidable and Extraordinary Circumstances and notifies the Traveler of the cancellation without undue delay prior to the start of the Activity.

7.LIABILITY OF ALEMAR FOR INEXACT PERFORMANCE OF THE ACTIVITY

 

Alemar is responsible for the execution of the Activity and all the services provided therein, regardless of whether such services are to be provided by the Organizer itself, by its auxiliaries or supervisors when acting in the exercise of their duties, by third parties whose work it uses or by other service providers.
Pursuant to Articles 1175 and 1375 of the Civil Code, the Traveler shall inform the company, directly or through the seller, in a timely manner, taking into account the circumstances of the case, of any lack of conformity found during the execution of the activity or parts thereof related to the purchase made.
If one or more of the services in the Activity is not performed as described in the pre-purchase information, Organizer will remedy the Conformity Defect unless it is impossible or unduly burdensome to do so, taking into account the Conformity Defect and the value of the services affected by the defect.
If the Provider does not remedy the Conformity Defect within a reasonable period of time set by the Traveler in relation to the duration and characteristics of the package, the Traveler can remedy the defect himself/herself and request reimbursement of the necessary, reasonable and documented expenses; if the Provider refuses to remedy the Conformity Defect or if it is necessary to remedy it immediately, there is no need for the Traveler to specify a deadline.

 

8.LIABILITY OF THE TRAVELER

 

Travelers are required to comply with the following obligations:

 

- to verify the correctness of their personal data entered on the website at the time of booking; Alemar is not responsible for any errors and/or inaccuracies reported in the travel documents and the Traveler is also required to check the correctness and documents at the time of receipt and immediately report any discrepancies; Alemar will not be considered responsible for inexact or denied delivery of activity due to the incorrect trasmission of documents or key personal information;
- scrupulously comply with what is described on the travel documents. With particular regard to:
- time of convocation for the beginning of the Activity;
- the place of convocation of the Activity;
- any equipment necessary for the proper and safe conduct of the Activity
- any prohibitions or specific indications (by way of example but not limited to: possible access to animal habitats)
- scrupulously respect the indications of the personnel appointed by Alemar for the correct and safe carrying out of the Activity;
- respect the places, equipment, means and personnel necessary for the normal carrying out of the activities. Alemar is not responsible for any damage caused to third parties during the participation in activities and excursions and it promotes the defense of its collaborators in the competent seats if they are victims of verbal or physical harassment of any kind;
- if provided for by the Activity, to be in possession of valid identity and driving documents, in particular if necessary, by way of example but not limited to, for driving vehicles.

The Organizer of the Activity will not be liable for any damages caused to the Traveler due to the failure to comply with these obligations, and the Traveler will have to bear all possible expenses resulting from the failure to comply with all obligations. It should also be noted that the Organizer, in consultation with the collaborators in charge of the activities, may, at their sole discretion, deny the performance or interrupt it at any time in the event that any of the obligations listed are not adequately met, without the right of the traveler to request a refund of even part of the amount paid for the activity that is interrupted.

 

9. MODIFICATIONS


Alemar reserves the right to modify these General Conditions at any time, in order to adapt them to its operational needs or to comply with the latest regulations that may be necessary from time to time; the changes will take effect from the time of their publication on the portal www.movincoming.com