General conditions of the travel contract
1. Legislative sources:
1.1 The sale of tourist package, whether it has as its object services to be provided domestically or abroad, is governed by L. 27/12/1977 nr. 1084 of ratification and execution of the International Convention on the Travel Contract (CCV) signed in Brussels on 23.4.1970, as applicable, as well as by the Tourism Code (art. 32 – 53) and subsequent amendments (including those provided by Legislative Decree no. 62 of 21/05/2018, implementing EU Directive 2015/2302).
1.2 The tourist has the right to receive a copy of the contract of sale of tourist package (pursuant to Article 36 Tourism Code, as amended by Legislative Decree No. 62 of 21/05/2018). With regard to contracts negotiated away from business premises (defined in Article 45, paragraph 1, letter h, of Legislative Decree No. 206 of September 6, 2005), a copy or confirmation of the tourist package sales contract shall be provided to the traveler on paper or, if the traveler agrees, on another durable medium.
2. Mandatory information – data sheet:
2.1 Technical organization Martulli s.r.l. – Via Alessandro Volta, 3/5 – 75100 Matera (MT) – P.IVA. IT 01308830775
2.2 Professional Liability Insurance policy taken out with Groupama Insurance No. 107182731 and Nobis guarantee fund.
2.3 Prices published in the catalog and on the website are in Euros and are net, including VAT.
2.4 Before the conclusion of the contract, the organizer and the seller shall communicate the following information to the traveler:
a. the travel destination(s), itinerary and periods of stay with relevant dates and number of nights included;
b. the means, characteristics and categories of transportation, places, dates and times of departure and return, duration and location of intermediate stops;
c. meals provided;
d. the visits, excursions or other services included in the agreed total price of the package;
e. the total price of the package including taxes and all fees, taxes and other additional costs, including any administrative and paperwork fees;
f. the method of payment, including any amount or percentage of the price to be paid as a down payment and the timetable for payment of the balance;
g. the minimum number of people required for the package and the deadline for possible termination of the contract if the number is not reached;
h. information on optional or mandatory underwriting of insurance covering medical, baggage or trip cancellation expenses;
3.1 The booking proposal must be made on the appropriate contract form, filled out in its entirety and signed by the customer, who will receive a copy. Acceptance of the reservation is understood to be finalized, resulting in the following
3.2 The tour package purchased by the customer will contain only the services indicated in the booking confirmation; any different and/or additional services, such as transfers to and from the place of departure and services purchased on site by the customer are not included in the package and therefore the organizer assumes no responsibility for them and cannot in any way be held liable in connection with them.
At the time of booking, 30% of the total amount of the tour package must be paid as a deposit; the balance must be paid at least 20 days before the scheduled departure. Payment must be made by bank transfer:
– Beneficiary: Martulli S.r.l., Beneficiary Account: IT26O0542416101000000158073, Bank Name: Banca Popolare di Bari Matera branch Via Roma.
At the time of payment, it is necessary to send by e-mail, to the booking office, the copy of the accounting in order to ensure the actual booking of the requested services. Failure to pay the deposit within the stipulated period provides for termination of the contract and inability to enjoy the tour package.
The price of the tour package is specified in the contract is may or may not agree with what is stated in the catalog or on the website. The price of the tour package may refer to that given package tailor-made in agreement between the parties. All extra costs not covered in the departure fee, such as tourist tax, porterage, extra fuel for means of transportation or other tourist services not mentioned, are always specified in detail in the notes of the offer.
6. Withdrawal and cancellation policies:
6.1 The tourist may withdraw from the contract without penalty in the following cases:
a. The price increase of more than 8%;
b. Substantial changes in one or more elements of the contract, considered essential for the enjoyment of the tourist package, made by the organizer after entering into the contract itself, but before departure and not accepted by the tourist.
6.2 If the above cases occur, an alternative package of equivalent or higher quality can be offered to the tourist without having to pay surcharges. In case of non-acceptance even of the replacement package, the tourist shall be refunded the total amount paid no later than 14 days.
6.3 The Tourist who withdraws from the contract prior to departure, outside the cases listed in the first paragraph, will be charged, regardless of the payment of the deposit: the individual cost of practice management, any fee for insurance coverage already required at the time of the conclusion of the contract or for other services already rendered, and the penalties on the participation fee indicated below:
(a ) From 90 g before arrival no penalty.
b) From 89th to 59th day of arrival 30% penalty fee
(c ) From 58th to 45th days of arrival 40% penalty.
d ) From 44th to 30th day of arrival 50% penalty.
e) From 29th to 15th day of arrival 70% penalty
(f) From 14thto finish 100% penalty.
NOTE: For some facilities there are special offers with non-refundable rates and therefore subject to more onerous cancellation fees (equal to 100% of the fee). These exceptions will be explicitly noted on the page dedicated to the description of the facility, with the indication “RATE NOT REFUNDABLE.”
6.4 No refund is due to a traveler who fails to report for departure or interrupts a trip or stay already undertaken.
7. Changes before departure by the Tourist:
No changes can be made to any of the services in the travel package after booking confirmation. Changes requested by the traveler to reservations already accepted have no obligation on the organizer in cases where they cannot be fulfilled. Any changes to one or more of the services included in the package requested after the contract has been accepted by Martulli Viaggi | Matera Martulli Viaggi | Matera 75 76 by the organizer, will result in the client being charged a fixed sum per person, by way of practice fees, in addition to any additional costs or penalties applied by the supplier and/or actual provider of the service concerned.
NOTE: A decrease in the number of passengers within a file is to be understood as a “partial cancellation,” resulting in the application of the cancellation penalties in Section 6.3.
8. Obligations of tourists:
Tourists are always required to inform the organizer of any special needs or conditions they may have (pregnancy, food intolerances, disabilities, etc.) while signing the consent to the processing of sensitive data, and to explicitly specify the request for related personalized services. Without such consent, contractual obligations cannot be fulfilled.
The organizer is responsible for the performance of all tourist services included in the package, regardless of who is the direct provider of them. The traveler must promptly object to deviations from the contract, and the organizer must promptly remedy them, unless this is not
impossible or unduly burdensome. Articulated is the discipline related to conformity defects, which constitute fulfillment under Art. 1455 of the Civil Code. In such cases the traveler will be entitled to:
a. Terminate the package tour contract as of right without charge and with immediate effect;
b. if the prerequisites are met, demand an appropriate reduction in the price for the period during which there was a lack of conformity, as well as appropriate compensation for any damage (Art. 43, 1st and 2nd paragraphs, referred to in Art. 42, 5th paragraph, Tourism Code). The Organizer, moreover, cannot be held liable, for any damages arising from services provided by third parties who are extraneous and not part of the tour package or arising from initiatives taken independently by the traveler during the course of the trip. In addition, the Organizer will be responsible only for what its employees, agents and suppliers do or fail to do, if they are at that time acting in the performance of their duties (for employees) or are conducting work that the Organizer has asked them to do (for agents and suppliers).
10. Duty of care
10.1 By law, the organizer is obliged to assist the traveler without delay and in all circumstances where the traveler is in difficulty.
10.2 A reasonable fee may be charged for assistance if the problem is caused intentionally by the traveler or through the traveler’s fault, within the limits of the actual expenses incurred.
11. Insurance against cancellation fees
11.1 It is advisable to take out, at the time of booking, a special insurance policy against expenses arising from the cancellation of the package, any accidents and occurrences related to the luggage carried.
11.2 The tourist will exercise the rights arising from such contracts exclusively against the stipulating Insurance Companies, under the conditions and in the manner stipulated in such Addendum \ general terms and conditions of the contract of sale of individual services:
1. Regulatory Provisions: Contracts having as their object the offer of only the transportation service, only the accommodation service, or any other separate tourist service, not being able to be configured as a negotiated case of travel organization or tourist package, are governed by the following
provisions of the CCV: Art. 1, No. 3 and No. 6; Art. 17 to 23; Art. 24 to 31, (limited to those parts of these provisions that do not refer to the organization contract) as well as by other agreements specifically referring to the sale of the individual service under contract. The seller who undertakes to procure
to a third party, including electronically, an unbundled tourist service, is required to issue the tourist with documents relating to this service, showing the amount paid for the service.
2. Terms of contract: The clauses of the general terms and conditions of contracts for the sale of package tours are applicable to such contracts. The application of these clauses does not determine the configuration of the relevant contracts as a package tour. The terminology of the above-mentioned clauses related to the tourist package contract (organizer. travel, etc.) should therefore be understood with reference to the corresponding figures in the contract for the sale of individual tourist services (seller, stay, etc.).
Mandatory communication under Article 17 of Law 38/2006.
“Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad.”
Pursuant to the current legislation on the protection of personal data (EU Regulation No. 679 of 2016), we would like to inform that the processing of personal data is carried out fairly and transparently, for lawful purposes and protecting the confidentiality and rights of the traveler. The processing is also carried out with the aid of computerized means for the following purposes:
a. To acquire and confirm the booking of accommodation and ancillary services, and to provide the required services: since these are processing necessary for the establishment of the contractual agreement and its subsequent implementation, consent is not required, except in cases where special, so-called sensitive data are conferred. In case of refusal to provide personal data, it will not be possible to confirm the reservation or provide the requested services. Processing will cease upon departure, but some personal data may or should continue to be processed for the purposes and in the manner indicated in the following points;
b. To fulfill the obligation under the “Consolidated Law on Public Security (Article 109 R.D. 18.6.1931 No. 773), which requires reporting to the Police Headquarters, for public safety purposes, the details of the customers accommodated in the manner established by the Ministry of the Interior (Decree Jan. 7, 2013). The provision of data is mandatory and does not require consent, and in case of refusal to provide it, it will not be possible to accommodate the client in the facility. Data acquired for this purpose are not retained by the organizer;
c. to send promotional messages and updates on the rates and offers charged: for this purpose, subject to the acquisition of consent, the data will be retained for the maximum period of 120 months or and in any case until the data subject’s right to object is expressly exercised; and
Will not be disclosed to third parties. One can withdraw consent at any time;
The European Regulation grants the traveler certain rights, including the right to access and rectification, or to erasure or restriction or opposition to processing, as well as the right to data portability, if and to the extent applicable (Articles 15 to 22 of EU Regulation No. 679 of 2016). It can also bring a complaint
to the supervisory authority in accordance with the procedures stipulated in current regulations.