GENERAL CONDITIONS OF SALE:
1. Introduction
IssTravel by Aemmes71 Srl, with registered office in Rosignano Marittimo (Italy), Località Bargingo 28, VAT No. 02948700923, hereinafter referred to as “IssTravel”, is a TOUR OPERATOR authorized by the Tuscany Region under authorization no. 1757 dated 03/06/2021. Through its multichannel booking system, operating by telephone, via the internet through www.isstravel.eu, and/or through agencies in Italy or abroad, IssTravel allows private users (hereinafter referred to as “Clients” or individually as “Client”) to book tourist stays in accommodation facilities such as Hotels, Holiday Villages, Resorts, Bed & Breakfasts, Villas and Apartments, Residences, Farmhouses, etc. (hereinafter referred to as “Accommodation Facilities” or individually as “Accommodation Facility”), together with the use of the related services. This Client Contract (hereinafter also referred to as the “Contract”) consists of these general terms and conditions (“General Conditions”) and the holiday booking form available on the website www.isstravel.eu or through telephone booking via the call center service.
2. Subject Matter, Validity, Termination of the Contract and Legal Framework
2.1 This Contract governs the conditions for the purchase by the Client of tourist stays and services offered at Accommodation Facilities.
2.2 This Contract shall enter into force when the Client receives confirmation from IssTravel of the Online Booking or Telephone Booking pursuant to Article 3, points (a) and (b).
2.3 This Contract complies with Italian and EU consumer protection legislation (in particular, Legislative Decree no. 206/2005 – Consumer Code – and subsequent amendments) and tourism legislation (in particular, Legislative Decree no. 79/2011 – Tourism Code – and subsequent amendments), and is drafted to ensure optimal protection of the Client’s interests and needs.
3. Operating Procedures
Before purchasing a holiday, the Client may view availability at the Accommodation Facility and the price per night. Prices are expressed in Euros and are determined based on the rate available at the time of booking, after which the price will be locked in. In any case, IssTravel shall not be held liable for any price variations applied by the Accommodation Facility or for additional services requested later. Special offers and promotions are valid only for the period indicated on the relevant offer page. IssTravel allows its Clients to purchase tourist stays and related services according to the following methods:
a) Online Booking
The Client may select and book a tourist stay directly on the website www.isstravel.eu by completing the Online Booking. During the booking process, the Client must provide the data required to complete the booking (name, surname, address, city, phone number, email, credit card details, selected Accommodation Facility, number of rooms, number of guests, etc.).
After submission of the data, IssTravel will verify availability and/or payment authorization and reserves the right to confirm the booking by email to the address provided by the Client. The Client must verify the information contained in the confirmation email and promptly report any errors or omissions to [email protected] or to the confirmation email address. If the confirmation email contains errors or omissions and the Client fails to report them in a timely manner, the offer shall be deemed accepted as stated, and the Client shall remain obliged to pay the full price, expressly releasing IssTravel from any liability. An Online Booking shall not be deemed confirmed if the Client does not receive a confirmation email from IssTravel.
b) Telephone Booking
The Client may also make a booking by calling the call center number published on the website. During the call, the IssTravel operator will request the information necessary to complete the booking. The call may be recorded only with the Client’s consent, in accordance with the privacy policy published on www.isstravel.eu. The Client must provide all necessary details (name, surname, address, city, phone number, email, credit card details, selected Accommodation Facility, number of rooms, number of guests, etc.). IssTravel will then verify availability and/or payment authorization and reserves the right to confirm the booking by email. The Client must verify the confirmation email and promptly report any discrepancies. If no report is made, the booking shall be deemed accepted as confirmed. Telephone bookings are not valid without written email confirmation. Call costs may vary depending on the telephone operator used.
c) Personal Data
During Online or Telephone Booking, the Client is invited not to communicate sensitive or judicial data as defined by Legislative Decree no. 196/2003. Such data cannot be processed by IssTravel and, if provided, IssTravel will be unable to complete the sale.
d) Voucher
Upon confirmation of the booking, IssTravel will send the Client a Voucher indicating the overnight stay, the selected Accommodation Facility, and the purchased services. The Client must present a copy of the Voucher at check-in. The Voucher will include the booking code, guest names, booking details, and any additional information.
e) Request for Booking Modifications
If the Client requests a modification to a confirmed booking, IssTravel is not obliged to comply and shall not be held liable if the request cannot be fulfilled. The Client shall remain bound to the agreed price or to the applicable cancellation penalty as set out in Article 6. Any additional costs resulting from approved changes shall be borne exclusively by the Client.
4. Liability of IssTravel
4.1 IssTravel declares that this program is covered by an insurance guarantee, including all extensions required by Regional Law No. 14/2018 of 09/05/2018 of the Tuscany Region, providing coverage for the aforementioned Brussels C.C.V. of 23/04/1970.
Details of the insurance coverage: Public Liability insurance policy issued by Europ Assistance Italia S.p.A., policy no. 4435628.
IssTravel shall be liable for damages suffered by the customer as a result of total or partial non-performance of the contractually agreed services, whether such services are provided directly by IssTravel or by third-party service providers, unless it is proven that the failure was caused by the customer himself (including initiatives independently undertaken by the customer during the trip or stay) or by circumstances unrelated to the provision of the services specified in the contract, by unforeseeable events, force majeure, or circumstances which the organizer could not reasonably foresee or remedy using due professional diligence.
4.2 CANCELLATION INSURANCE POLICY
As it is not expressly included in the price, at the time of booking it is possible—indeed advisable—to take out a specific insurance policy covering expenses arising from the cancellation of the travel package.
4.3 GUARANTEE FUND
In compliance with the legal obligations arising from Legislative Decree No. 62 of 21 May 2018 – Article 47 of the Tourism Code – Legislative Decree No. 79 of 23 May 2011, this Travel Agency has taken out an adequate insurance policy known as Il Salvagente.
4.4 In the event that the Accommodation Facility fails to perform (for example, does not provide the booked accommodation or the services purchased for the trip or stay) or performs only partially by providing an unsuitable service that does not comply with the Online Booking or Telephone Booking, or is lacking in all or some of the services, IssTravel shall not be held liable in any way, nor may it be called upon to answer for any legal actions for damages. The Customer therefore releases IssTravel from any liability arising from the contractual non-performance of the Accommodation Facility.
IssTravel shall also not be held directly or indirectly liable for any form of liability aimed at obtaining compensation for damages due to cancellations or changes to travel services, even if caused by force majeure. Such events include, by way of example but not limitation: wars, terrorist activities, attacks, national and international strikes, fires, epidemics, particularly severe weather events, environmental disasters, or other events that may discourage departure and/or stay, even in the absence of official communications from institutional authorities relating to the locations covered by the Booking.
4.5 IssTravel shall also not be liable for any intentional or negligent acts that may occur during the stay or travel period, or within the Accommodation Facility, on its premises, or as a result of the use of the services offered by the same.
4.6 The Customer is also responsible for the accuracy of the data provided at the time of Online Booking or Telephone Booking, for any errors and/or omissions, and expressly releases IssTravel from any liability in the event that the Booking is not confirmed or differs from what was envisaged as a result of such incorrect information.
5. Overbooking
IssTravel disclaims any liability in the event of overbooking (bookings exceeding the number of available accommodations) attributable to the Accommodation Facility. IssTravel shall in no event be liable for overbooking resulting from organizational difficulties or issues related to the Accommodation Facility and therefore beyond IssTravel’s control, verification, or responsibility.
Notwithstanding the above, in cases of overbooking, IssTravel will, where possible, endeavor to identify alternative solutions for the Customer, in cooperation with the Accommodation Facility.
6. Right of Withdrawal, Cancellations and Penalties
6.1 The Customer acknowledges that the right of withdrawal for consumers provided for contracts concluded at a distance under Legislative Decree No. 206/2005, as amended (Consumer Code), does not apply, as it is not applicable to leisure services where the contract provides for a specific date or period of performance, as in the case of Telephone Bookings or Online Bookings.
• Up to 28 days before check-in: Penalty 0%
• Up to 8 days before check-in: Penalty 50%
• Up to 0 days before check-in: Penalty 100%
These penalties may be subject to change depending on the selected Accommodation Facility, as communicated in the confirmation email of the Online or Telephone Booking.
To cancel a booking, the Customer must send an email to [email protected], indicating the booking number and the name of the person who made the booking. Telephone cancellations are not accepted.
In the event of cancellation, bank and administrative fees will be charged.
7. Complaints
7.1 Any Customer wishing to dispute the performance of the Contract must promptly contact IssTravel so that the Accommodation Facility, or IssTravel on behalf of the Accommodation Facility and where possible, may take remedial action.
7.2 Under penalty of forfeiture, the Customer must submit the complaint by sending an email to [email protected] or a certified email (PEC) to [email protected] no later than ten (10) working days from the check-out date from the Accommodation Facility, with proof of receipt of the email by IssTravel.
IssTravel shall in any case ensure a prompt response to the consumer’s requests.
8. Payment Terms and Invoicing
The Customer of IssTravel must make full payment of the booking price directly to IssTravel, which shall issue a regular receipt/invoice for the payment.
At the time of booking and confirmation by IssTravel, a deposit equal to 30% of the participation fee must be paid, in addition to any registration fee where applicable. The balance must be paid to IssTravel thirty (30) days prior to arrival. For bookings made within 30 days of arrival, full payment is required at the time of booking.
Failure to make the above payments by the established deadlines shall constitute an express termination clause of the contract, resulting in its termination, without prejudice to any compensation for damages suffered by IssTravel and by the selling Travel Agency as a consequence of the forced cancellation of the contract.
9. Privacy
Booking an Accommodation Facility requires the Customer to provide IssTravel with a range of information (e.g. email address, landline or mobile phone number, VAT number or tax code, citizenship, residence, etc.), in any case for the purpose of ensuring the proper management of the booking in compliance with the applicable relevant regulations (hereinafter the “Customer’s Personal Data”), without prejudice to the provisions set out in Article 3, letter (c) of this Contract.
Pursuant to Legislative Decree No. 196/2003, as amended and supplemented, IssTravel is the exclusive data controller of the Customer’s Personal Data, in accordance with IssTravel’s Privacy Policy available on the website www.isstravel.eu, which is hereby expressly referred to.
10. Intellectual Property Rights of IssTravel
IssTravel is the creator and author, pursuant to Italian Law No. 633 of 22 April 1941, as amended and supplemented, of the technological platform at the website www.IssTravel.eu and of the “IssTravel” brand and logo, whether registered, unregistered, or in the process of registration in any country worldwide. All related rights, including economic exploitation rights, are reserved to IssTravel.
IssTravel owns the website www.IssTravel.eu, any mobile applications under the name “IssTravel,” the associated operational platform, related software and IT architecture, all databases relating to all Customers of www.IssTravel.eu, the codes, methods, algorithms, instructions representing technical, creative, or organizational improvements, updates, releases, and any and all applications and functionalities connected to the aforementioned website and applications, whether used or developed by IssTravel—or by third parties appointed by IssTravel—for the coordination and interaction of said website and mobile applications or for the creation, activation, online management, and/or provision of services to Customers.
In particular, IssTravel is recognized as the full owner of the software, know-how, computer programs (both application and operational), codes, and any related adaptations, modifications, and customizations of instructions, guidelines, and documents, in any form expressed, installed or to be installed, including those developed in connection with the aforementioned website and mobile applications, as well as the associated business models.
11. Indemnification Obligations
If the Customer causes any damage to the Accommodation Facility in any way, IssTravel shall not be held liable, and the Customer shall indemnify and hold IssTravel harmless from any related liability, costs, expenses, or damages, assuming full responsibility for the same.
12. Amendments to the General Terms and Conditions
These General Terms and Conditions may be unilaterally amended by IssTravel, which shall promptly notify Customers by publishing the changes on the Website.
13. Jurisdiction
This Contract is governed by Italian law. Any disputes arising from this Contract, including those relating to its validity, interpretation, performance, or termination, shall first be subject to an attempt at amicable resolution, whereby the interested party sends a conciliatory proposal to the other party. The conciliation shall be conducted informally.
If the conciliation attempt is unsuccessful within 60 days from the date of submission of the conciliatory proposal, the disputes shall fall under the exclusive jurisdiction of the Court of Livorno (Italy).