GENERAL TERMS AND CONDITIONS OF CONTRACT BETWEEN USER AND TOURIST SERVICE PROVIDER
Seller: Hen Party Italy is a product of NDL Srl of Lorenzo Milani and Flavio Pagliaccia
Headquarters: Via Matteotti 39, 50019 Sesto F.no (Florence)
VAT number: IT05241670487
Telephone: +39 055-4485599
These General Conditions take effect from the moment of publication and supersede all the general conditions published previously.
Article 1 – Scope of Application
The following General Conditions are subject to Italian legislation. In the event of a dispute, the same will be irrevocably devolved to the Italian jurisdiction by attributing the jurisdiction always in an exclusive and inderogabile way to the Court of Florence.
Article 2 – General provisions
These general terms and conditions (hereinafter referred to as GTC) govern the contracts entered into by the User-Organizer with the Tourist Service Provider through the Reservation System described below in chapter 9. Where the User-Organizer is a Consumer, the provisions contained in the Legislative Decree No. 206 of 06/09/2005 (Consumer Code) are those that will apply, in particular the provisions of Articles. 50 and ss. in addition to those generally applicable pursuant to Legislative Decree No. 70 of 09/04/2003 on information society services in the internal market, with particular reference to e-commerce.
Article 3 – Definitions
For the purposes of the application of these General Terms and Conditions, the expressions conventionally indicated with a capital letter (whether singular or plural) will have the following meanings:
GTC: indicates the General Conditions of the Contract.
User: is the subject, natural or legal person, who buys a service supplied by NDL Srl.
NDL Srl: indicates NDL Srl of Lorenzo Milani and Flavio Pagliaccia.
Destination (s): as described in Article 6 of the GTC.
Option / s: as described in art. 6 of the GTC.
Organizer (s): as described in art. 6 of the GTC.
Supplier / s: indicates service providers as such, but not only: hotels, suppliers of activities at the destinations in accordance with the services chosen by the client, etc.
Participants: as described in the art. 6 of the GTC.
Services: indicates all the services offered on the website and described in the art. 6 of the GTC.
Special Services: indicates the requests for extra services made by the customer according to the conditions of art. 7 of the GTC.
Stay: as described in the art. 5 of the GTC.
Website: indicate the website www.henpartyitaly.com
Article 4 – Applicability General Conditions of Contract
The GTC apply without restrictions to all sales of Customer Services. The GTC can be consulted on the Internet site at any time and have priority over any other version of the GTC. The GTC represent the full rights and duties of the parties in relation to the Services provided. If at any time Hen Party Italy does not apply any of the conditions expressed in the GTC, this cannot be interpreted as a waiver by Hen Party Italy to the application of any of the aforementioned conditions in the future. The GTC can be changed at any time, without any need for prior notice; however, the new GTC will only affect the Services purchased after the date of amendment. At the time of booking, the Customer must read and accept the GTC. Any particular condition introduced by the Customer can not be included nor prevail over the GTC. The User refuses to resort to the condition introduced by him which, consequently, can not be used to the detriment of the company NDL Srl. The Supplier Specific Terms (hereinafter called Specific Conditions) apply to the sale of the Services in the same way as the GTC. The Specific Conditions enter into force at the time of booking with the supplier.
Article 5 – Customer Eligibility and Consent
The Customer at the time of registration of their data must have reached 18 years of age. The services offered by NDL Srl. will be sold only to Customers-Organizers who after having read the contract conditions will have accepted them expressly and without reservations by ticking the appropriate box during the purchase procedure. Every time the User-Organizer buys a service proposed by NDL Srl, he/she irrevocably accepts the GTC.
Article 6 – Object of the Contract
The contract offered by NDL Srl. has as its object the promotion of the purchase by a group of Users, made up of 4 to 20 people, on their website, of a holiday in Italy. This holiday (henceforth called Stay) for example can be organized on the occasion of the hen party of one of the group members. For each stay there will be one or more persons, members of the client group, in charge of the organization of the stay (from this moment onwards called the Organizer / Participant) and therefore in contact with NDL Snc. The website offers to its Users packages of services at a fixed price. Depending on the choice of destination among those on offer (henceforth called Destination), unless otherwise indicated on the Website, the packages include: Accommodation at the Destination under the conditions described in Article 6.1 below + One or more activities under the conditions described in Article 6.2.
In addition to the basic package, the Customer may choose optional activities, under the conditions described in Article 6.2, which follows (hereafter referred to as “Options”).
The packages offered by Hen Party Italy on its Internet Site include one, two or more nights in accommodation at the chosen destination. The Organizer does not choose the type of accommodation directly by clicking on the appropriate window on the Hen Party Italy website, during the booking process. The choice of the hotel will be made by the company NDL Srl based on availability, prices and area of the group’s Destination. The name of the hotel will be communicated at the latest upon delivery of the travel documents that will take place the week before departure.
About the Hotels: The indication on the level of comfort (stars) that appears in the description of the accommodation on the website, corresponds to the local standards of the destination and may differ from non-Italian standards. Occasionally, in case of force majeure or in cases not attributable to NDL Srl, the chosen hotel may be replaced by a different one, but meeting the same standards and offering the same options. Normally the rooms are available from 2pm and must be left by 11am, whatever your arrival and departure time.
6.2. Activities and Options
In addition to the Services mentioned in Article 6.1, the basic package may include one or more activities, in accordance with the descriptions provided on the Website, relating to each destination. The options are provided in the package in agreement with the Organizer during the booking process. In case of options included in the package or any options added by the Organizer, the specific conditions indicated by the Supplier for the Customer are applied. The cancellation of an activity or Option due to force majeure does not entitle the Customer to compensation or to the repayment of the amount paid. The photographs and illustrations used on the Website in the descriptive sections are for illustrative purposes only. NDL Srl reserves the right to use photos, which in some cases may not represent the real location.
Article 7 – Special Services
If the Customer has any request for a Special Service he is invited to contact Hen Party Italy in writing before booking. Hen Party Italy will do its best to satisfy any requests and will provide the Client with a detailed estimate of the Special Services requested.
Article 8 – Price
Each Stay offered on the Website is accompanied by a detailed description of the Destination and the services included in the price. An additional cost will be applied for options whose price shown on the site is calculated based on the number of Participants. It is up to the User to choose the package. Hen Party Italy is only the means of confirming the request. Considering all the possible changes and combinations of services and options in the purchase of a Stay with Hen Party Italy, in order to respond to the needs of the User-Organizer, the final price may differ from that estimated on the Website. Prices are in Euro and taxes are included in the price. Otherwise it will be specifically indicated on the Website. The services provided are exclusively those contained in the package agreed with the User-Organizer and more precisely in the words “the price includes”. Prices may change at any time and without notice.
The changes will have no effect on bookings already confirmed, except if the price change occurs more than 30 days before departure and is due to a tax increase. In the event of a price increase for the aforementioned reasons, the Customer will pay the proportion of the price increase applicable to his stay but this will have no effect on the Customer’s right to withdraw from the contract and in any case exempt from any responsibility for the company NDL Srl.
Article 9 – Reservations and Payment
To make a reservation, the Organizer clicks on “Book” on the Website, after selecting the chosen package or activities, and fills the form with his/her personal details. The Organizer indicates the number and age of the Participants of the group, the date of departure and the return date, and the chosen payment method.
Before making the payment, the Customer must confirm that he has read the General Terms and Conditions by selecting the appropriate box. Consequently, by proceeding with the payment, the Customer accepts the GTC.
The reservation is officially confirmed only with the payment made.
A booking confirmation will be sent by Hen Party Italy, upon reception of the sum due, containing a detailed summary of the options and services purchased, the price paid and, if necessary, the specific payment conditions.
Article 10 – Custom packages and personalized quotes
A personalized quote will be made only upon explicit request by the Organizer, considering the fact that the packages provided on the website are pre-established and predetermined and that any changes will intervene only after an explicit request of a custom package.
In response to such request, the Organizer will receive an e-mail directly from Hen Party Italy, confirming Hen Party Italy has taken in charge the order. No later than 48 hours from the moment the Organizer has made the request, Hen Party Italy will send an official email confirming the availability of the chosen package or activities, or an alternative proposal in case the package or some services contained in it are not available on the date requested by the Organizer. Within this email confirming the availability, Hen Party Italy will send a payment request. When the request is submitted within 30 days from the beginning of the stay, the payment request will correspond to 100% of the amount of the whole Stay, for the whole group. Otherwise, the payment request will correspond to a 30% confirming deposit, calculated on the amount of the whole Stay, for the whole group.
Once communicated, the total price per customer remains stationary, except in cases of force majeure. The Organizer must confirm the number of participants at the time of submitting the request. Once the quotation is accepted for the Options requested, the Organizer must notify Hen Party Italy of the full names and complete and correct e-mail addresses of the participants, necessary for booking the stay.
The Organizer assumes the responsibility of ensuring that the personal information of the Participants provided matches those appearing on the Passports or the identity cards of the Participants and that the same documents are valid for the destination country. The General Conditions of Contract of some of our Suppliers provide a surcharge in case of late request for correction of incorrect information. Hen Party Italy is not responsible for errors of this type. The reservation is confirmed only upon payment, as explained in Article 9.
Article 11 – Cancellation or modification of the reservation
a) Should Hen Party Italy not be able to provide the booked services for the selected date, Hen Party Italy staff will inform the User-Organizer with an official email by 48 hours (2 working days) from the booking, and will immediately proceed to a full refund of the sum paid.
b) Any cancellation or modification by the User-Organizer must be made by e-mail or via paper, addressed to Hen Party Italy and sent to the address indicated at the beginning of this document.
c) Unless otherwise indicated during the booking, all cancellations requested from the Customer up to 30 days before the scheduled event date, excluded in cases of force majeure or unless the Supplier agrees more favorable conditions, will give rise to a reimbursement of 70% of the sum already paid.
To cancellations happening between 29 and 20 days prior to the scheduled event date, a 50% penalty fee will apply (hence the cancellation will give rise to a refund of 50% of the cost of the Services). If cancellation occurs in the period between 19 days and 7 days before departure, a penalty fee of 75% will apply, hence Hen Party Italy provides for the reimbursement of 25% of the amount paid. If cancellation occurs during the week of departure, a refund of 10% of the fee will be applied (a penalty fee of 90% will apply).
d) In the event that Hen Party Italy has paid the Supplier, to comply with its obligation arising from the reservation, Hen Party Italy will be exempt from any refund of the participation fee, in cases dependent on third parties or force majeure if the Organizer or the Participants have not protected their package by signing an appropriate insurance policy.
e) When the trip is canceled before departure for any reason, except for the fault of the User, the latter has the right to take advantage of either another package of equivalent or higher quality without a surcharge, or a lower quality package, upon return of the difference in price, or alternatively the User is reimbursed, within seven working days from the moment of cancellation, the sum of money already paid.
f) In the cases provided for in paragraph d), the User has the right to be compensated for any further damage due to the non-execution of the contract.
g) In case of changes requested by the User – Organizer (change of dates, destination, accommodation), a new quote will be sent to the User-Organizer, and the balance resulting from the new quote will be due within 24 hours from its reception. Failure to fully pay the balance by the Client-Organizer and by all participants will result in the suspension of the Services and any payment of any costs depending on the event, without any responsibility for the company NDL srl.
h) In the event that one or more participants decide to cancel their participation in the Stay, after the booking has been confirmed, each individual participant who performs the cancellation will be entitled to reimbursement of his quota (ie the total divided by the number of participants), according to the deadlines provided for in paragraph b of this article.
In case one or more people wish to join the group, after the booking has been confirmed, each of them will be asked to pay 100% of the per capita fee. After receipt of payment, in 48 hours (2 working days) we will check availability and get back with a confirmation, or we will refund the amount paid.
Article 12 – Complaints
Any complaint, problem or question must be reported directly to NDL srl, which will be responsible for the transmission of the aforementioned to the Suppliers, not beyond the next few days (30) from the end of the stay. Any complaint, problem or question must be sent in paper form to the address indicated at the beginning of this document or via e-mail to the address indicated in this document. Complaints will only be considered if brought to the attention of the Supplier NDL srl from the Customer during the period of the stay, thus making possible the search for an immediate solution and limit any possible inconvenience to the customer. NDL srl is not responsible for the loss, damage or theft of the baggage, clothes or personal items to the detriment of the Customer.
Article 13 – Absence of the right of withdrawal
We inform the Customer that, in accordance with the law and in application of the art. 55, paragraph 1, lett. b) of Legislative Decree no. 206 of 6.9.2005 (Consumer Code), the right of withdrawal provided for by art. 64 of the same Code does not apply to the Services offered on this Website.
Article 14 – Responsibility
NDL srl is not responsible for issues related to the lack of or lack of provision of the Services due to actions or omissions on the part of the Customer, actions or omissions of a third party, not connected with the provision of services, unavoidable unavoidable, or due to force majeure recognized from Italian law. The Customer can not claim the provision of the booked services if he is in an unsuitable psychophysical condition and in any case presents himself to the Supplier in an inadequate manner or does not comply with the Supplier’s own rules. An act of force majeure automatically exonerates the parties providing the Services, since the event of force majeure occurs beyond any responsibility. The company NDL srl exempts itself from any responsibility due to the customer’s failure to communicate situations concerning his person and his state of health (example: food intolerance, states of different abilities).
Article 15 – Insurance
NDL srl is insured for Professional Liability that covers any financial losses to the insured party caused by physical or material damage, consecutive or not, to the detriment of the Customer, Suppliers or a third party, in case of errors, omissions or negligence in the course of travel agent activity, for an amount of € 750,000.00 per year in case of physical or material damage, consecutive or not. The deductible for all types of damage, except physical ones, amounts to 1,500.00 euros. NDL srl offers its customers the opportunity to take advantage of an optional insurance cover that covers the costs of cancellation for health reasons certified, occurred before departure, until the same day. The purchase of the optional insurance policy takes place at the time of booking directly by the customer on the Website at the conditions indicated therein. The general conditions of the insurance policy are available on the Website.
Article 16 – Protection of Personal Data and Privacy
Pursuant to art. 13 of Legislative Decree no. 196/2003 declares that all personal information provided by the Customer to proceed with the reservation on the Website is for the exclusive use of NDL srl and will be communicated to third parties only if necessary for the completion of the transaction with NDL srl. The Italian law on the protection of personal data gives you the right to request a copy of your personal information of which NDL srl is in possession and to request the elimination or correction of any inaccuracies. Please address your request to NDL srl The personal information obtained by Hen Party Italy during the activity of travel agent is proof of an eventual transaction and an agreement between the agency and the customer. In case of legal action, personal data in electronic format have the same legal value as a paper and signed document.
Article 17 – Publication of photos and videos
The Website and all the elements contained in it, be they photographic or audiovisual, are protected by copyright. The Website and all that is contained in it is the exclusive property of NDL srl and / or Suppliers, or individuals involved in the provision of services. The use of all the software downloaded on the Internet Site, aimed at access to particular Services or functions, is governed by these GTC.
The Customer must accept the terms contained in the GTC before downloading, installing or using the aforementioned software. The Customer may use all software whose use is not regulated by these GTC exclusively for personal purposes, excluding any other use. By installing or using the software, the Customer accepts the aforementioned conditions.
Users of the Website having a personal web page can add the link to the Website on their home page, only with the prior authorization of NDL srl This authorization does not imply any kind of agreement or association. All links referring to the Website must be authorized by NDL srl and removed immediately if requested by the latter.
Article 18 – Sale of the contract
In accordance with article 39 of the Tourism Code, the customer can transfer his contract to third parties, provided that he can make the stay under the same conditions as the customer, and that the stay has not yet begun, and taking into account the terms expressed in Article 9. The Customer is obliged to inform Hen Party Italy of the aforementioned intention at least 7 days in advance of the intended date of departure, by post or email. The transferor and the transferee are jointly bound to NDL srl for payment of the price and any additional costs arising from the sale.