GENERAL CONDITIONS OF SALE OF THE WEBSITE www.frigerioviaggi.com
Frigerio Viaggi S.r.l., C.F. 07215280152 and P. IVA 00851420968, with registered office in (20833) Giussano (MB), via A. Viganò n. 5, holder of regional license n. 061410 issued on 01.07.1994 by the Lombardy Region, offers travel and tourism agency services and is covered by insurance policy for R.C. n. 40324512000250 of 31/12/2021 with TUA Assicurazioni
Frigerio Viaggi S.r.l., as a guarantee for travelers, also joins the Fund established in the form of a consortium called Fondo Vacanze Felici S.c.a.r.l., C.F. 09566380961 and P. IVA 09566380961, with registered office in (20122) Milan, Via Larga n. 6.
Frigerio Viaggi S.r.l. (hereinafter FV for short) in the sales made through this Site may hold, as the case may be, both the title of intermediary and travel organizer as specified below.
FV offers to the user of its Site www.frigerioilgruppo.com the ability to make reservations:
- individual tourist services (e.g.: air tickets, train tickets, hotels, etc.) or combined tourist services (e.g.: flight and hotel) from third-party providers;
- Own or third-party provider tour packages;
- Supplementary tourist services (for example: luggage transportation, parking service, etc.) from third-party providers;
- related tourist services of third-party providers (for example: guided tour, sports event, etc.);
- additional services (for example: insurance policies, financial services, etc.) from third-party providers.
These general conditions, together with the terms of use of the site and the information contained in the booking confirmation e-mail, represent the terms on the basis of which FV makes services available on this Site.
These general terms and conditions, the terms and conditions from time to time prepared by the provider for each individual service (tourist, supplementary tourist, related or further tourist) or tour packages, and the booking confirmation e-mail together constitute the contractual terms on the basis of which the various providers of the individual service (tourist, supplementary tourist, related or further tourist) or tour packages agree to provide their services to the user who makes a booking through this Site.
It is the responsibility of the user, before finalizing the reservation, to read these general conditions and those prepared for each individual service (tourist, supplementary tourist, related or additional tourist) or tourist package by the respective provider, as well as the conditions of use of this Site.
Only the user who has previously reviewed and unconditionally accepted both these general conditions and the conditions prepared from time to time for each individual service (tourist, supplementary tourist, related or further tourist) or tourist package by the respective supplier may complete the purchase of what is offered for sale through the Site.
It is the responsibility of the user, before finalizing the reservation, to read these general conditions and those prepared for each individual service (tourist, supplementary tourist, related or additional tourist) or tourist package by the respective provider, as well as the conditions of use of this Site.
It is the responsibility of the user, before finalizing the reservation, to read these general conditions and those prepared for each individual service (tourist, supplementary tourist, related or additional tourist) or tourist package by the respective provider, as well as the conditions of use of this Site.
In any case, changes cannot be applied to reservations already confirmed.
1. DEFINITIONS
For tourist service means (Art. 33, Paragraph 1 (a), Tourism Code): 1) the transportation of passengers; 2) accommodation that does not constitute an integral part of the transportation of passengers and is not intended for residential purposes, or for long-term language courses; 3) the rental of cars, other motor vehicles pursuant to the Decree of the Minister of Infrastructure and Transport of April 28, 2008, published in the Official Gazette of the Italian Republic no. 162 of July 12, 2008, or motorcycles requiring a category A driver's license, pursuant to Legislative Decree No. 2 of January 16, 2013; 4) any other tourist service that is not an integral part of one of the tourist services referred to in numbers 1), 2) or 3), and is not a financial or insurance service.
According to Article 33(1)(c) of the Tourism Code, the following are defined as. tourist packages those consisting of 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 is met: 1) such services are combined by a single professional, including at the request of the traveler or in accordance with the traveler's selection, before a single contract for all services is concluded; 2) such services, even if concluded under separate contracts with individual tourist service providers, are: A) purchased at a single point of sale and selected before the traveler consents to payment; B) offered, sold or invoiced at a lump sum or global price; C) advertised or sold under the name "package" or similar name (D) 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 processes of booking by electronic means where the traveler's name, 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 booking of the first tourist service.
A combination of tourist services in which there are one of the types of tourist services referred to in Article 33, paragraph 1 (a), number 1), 2) or 3) of the Tourism Code, combined with one or more of the tourist services referred to in Article 33 paragraph 1 (a) (4) of the Tourism Code, if the latter services do not account for 25 percent or more of the value of the combination and are not advertised or otherwise represent an essential element of the combination, or are selected and purchased only after the commencement of the performance of a tourist service referred to in Article 33 paragraph 1 (a) (1), (2) or (3) of the Tourism Code.
The Tourism Code then defines supplementary tourist services those ancillary services such as -for example- luggage transport provided as part of passenger transport, use of paid parking spaces within stations or airports, transfers to and from an accommodation facility, organization of sports activities, etc.
According to Article 33(1)(c) of the Tourism Code, the following are defined as. related tourist service at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual tourist service providers, if a professional facilitates, alternatively:
(1) at the time of a single visit or a single contact with its point of sale, the separate selection and separate payment of each tourist service by travelers; (2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of the confirmation of the booking of the first tourist service.
A combination of tourist services in which there are one of the types of tourist services referred to in Article 33, paragraph 1 (a), number 1), 2) or 3) of the Tourism Code, combined with one or more of the tourist services referred to in Article 33 paragraph 1 (a) (4) of the Tourism Code, if the latter services do not account for 25 percent or more of the value of the combination and are not advertised or otherwise represent an essential element of the combination, or are selected and purchased only after the commencement of the performance of a tourist service referred to in Article 33 paragraph 1 (a) (1), (2) or (3) of the Tourism Code.
They are defined as additional services Services, from third-party providers, having a financial or insurance character.
It is considered to be intermediary The professional who sells or offers for sale tourist services or packages from third-party providers.
The intermediary shall not be liable for the total or partial non-performance of travel, stays or other services that are the subject of the contract, its liability being limited solely to the obligations arising from its status as an intermediary within the limits of the regulations in force.
It is considered to be organizer the trader who combines packages and sells or offers them for sale directly or through or together with another trader or the trader who transmits the traveler's related data to another trader in accordance with (D) in the definition of package tour.
The organizer, on the other hand, is liable for damages caused by reason of the total or partial non-performance of the services contractually due, whether they are performed by him personally or by third-party service providers.
In any case, the liability of the organizer and the intermediary is excluded where the damage is attributable to the injured party itself, to the act of a third party of an unforeseeable or unavoidable character, to fortuitous events or force majeure.
2. PROVISIONS REGARDING WHAT IS OFFERED FOR SALE THROUGH THE SITE
Through the Website www.frigerioviaggi.com, the user, having noted and taken into account the definitions in the preceding paragraph, may book:
(a) SINGLE TOURIST SERVICE.
Contracts having as their object the purchase of only the passenger transport service or only the accommodation service or any other single tourist service offered for sale through this Site, cannot be configured as a negotiated case of travel organization or tourist package and therefore do not enjoy the protections provided by the Tourism Code.
In this case, the contract between the user and the provider of the individual tourist service is concluded when the user receives the booking confirmation e-mail sent by FV.
Only and exclusively the contractual conditions of the individual provider from time to time displayed by the user at the time of booking apply to such contracts.
Failure to accept these terms and conditions and the contractual conditions prepared by the individual provider of the purchased service does not allow the reservation to be completed.
The responsibility for the proper fulfillment of the contract lies solely with the provider of the relevant tourist service.
In the sale of an individual tourist service, FV acts as an intermediary.
(b) COMBINATION OF TWO OR MORE TOURIST SERVICES.
The purchase within twenty-four hours of two or more tourist services combined with each other by the user determines -according to the law- the purchase of a tourist package of which FV will be considered the organizer as indicated in the definition of tourist package above (letter D).
The contract will be governed by the general conditions of sale of the various providers of individual tourist services from the combination of which the tourist package is formed.
Failure to accept these terms and conditions and the contractual conditions prepared by the individual provider of the purchased service does not allow the reservation to be completed.
FV will send out an appropriate notice following the purchase.
(c) TOURIST PACKAGE ORGANIZED BY FV.
In the event that the tourist package offered for sale through the Site is arranged by FV, FV will act as the organizer and the contract will be finalized between the user and FV.
Prior to the conclusion of the contract, the user may view on the Site all pre-contractual information pertaining to the tourist package organized by FV that he/she intends to purchase pursuant to the provisions of Article 34 of the Tourism Code.
The purchase of a package tour organized by FV will be governed by the terms and conditions of the contract which can be consulted here [link].
Failure to accept these terms and conditions and the contractual conditions prepared by the individual provider of the purchased service does not allow the reservation to be completed.
(c) TOURIST PACKAGE ORGANIZED BY FV.
The purchase of a package tour arranged by a third party provider involves the conclusion of a contract between the user and the third party provider in question.
Prior to the conclusion of the contract, the user may view on the Site all pre-contractual information pertaining to the tourist package organized by FV that he/she intends to purchase pursuant to the provisions of Article 34 of the Tourism Code.
In this case, the contract between the user and the provider of the individual tourist service is concluded when the user receives the booking confirmation e-mail sent by FV.
Only and exclusively the contractual conditions of the individual provider from time to time displayed by the user at the time of booking apply to such contracts.
Failure to accept these terms and conditions and the contractual conditions prepared by the individual provider of the purchased service does not allow the reservation to be completed.
The responsibility for the proper fulfillment of the contract lies solely with the tour package organizer, who is also liable for the non-performance of its suppliers.
In the sale of an individual tourist service, FV acts as an intermediary.
(e) INTEGRATIVE TOURIST SERVICE.
In the sale of the supplementary tourist service, the contract is concluded directly between the user and the individual supplementary tourist service provider on the contract terms prepared by the service provider.
Failure to accept these terms and conditions and the contractual conditions prepared by the individual provider of the purchased service does not allow the reservation to be completed.
In the sale of an individual tourist service, FV acts as an intermediary.
(f) LINKED TOURIST SERVICE.
In the sale of the supplementary tourist service, the contract is concluded directly between the user and the individual supplementary tourist service provider on the contract terms prepared by the service provider.
Failure to accept these terms and conditions and the contractual conditions prepared by the individual provider of the purchased service does not allow the reservation to be completed.
In the sale of an individual tourist service, FV acts as an intermediary.
(g) FURTHER SERVICES.
Services of a financial and/or insurance nature are considered as such.
These services cannot be purchased independently but only and exclusively in combination with the purchase of an individual tourist service or package tour.
In this case, the contract is concluded directly between the user and the provider of the relevant service and will be governed by the individual provider's general terms and conditions displayed at the time of booking.
Failure to accept these terms and conditions and the contractual conditions prepared by the individual provider of the purchased service does not allow the reservation to be completed.
3. RESERVATION, PRICE AND PAYMENT
Booking through the Site is reserved exclusively for users of legal age.
Everything on the Site is subject to availability.
The reservation request must be prepared and submitted by the user by filling out the appropriate form viewable through this Site in its entirety.
Failure to fill out the form with all required data will not allow the reservation to be completed.
The user is responsible for the truthfulness of all data entered, as well as being authorized to do so for the parties on whose behalf the reservation is made.
Completion of the form requires that you provide your personal data and/or those of the parties on whose behalf, if any, the reservation is made, as well as data inherent in the means of payment used (credit card or digital payment service).
Completion of the form requires that you provide your personal data and/or those of the parties on whose behalf, if any, the reservation is made, as well as data inherent in the means of payment used (credit card or digital payment service).
The personal data provided, as well as those related to the means of payment (credit card or digital payment service), will be processed in accordance with the privacy policy on the site available here https://www.frigerioviaggi.com/privacy-policy/ .
The reservation will be considered finalized and the related contract concluded only when the user receives by e-mail from FV, within 48 working hours from the date of the forwarding of the request, the communication of confirmation of the reservation containing a copy of the details of the purchase, which will be valid as formal acceptance of the proposed purchase formulated by the user who must transmit, again by e-mail, a copy of the contractual documentation received signed and, if applicable, filled in in all its parts.
Confirmation of the reservation is subject to prior confirmation of the existence of funds from the bank issuing the credit card or from the company handling the digital payment depending on the means of payment used by the user for payment.
The user is urged to check the correctness of the data given within the booking confirmation and immediately contact customer service at 0362/350690, also present in the confirmation e-mail, in case of errors.
The user will receive before departure in electronic format the travel documents, as well as any useful information related to the trip as per current regulations.
The price shall be the price from time to time displayed by the user on the Site, except in the case of obvious clerical error.
In the latter case, FV reserves the right to correct obvious material errors in the price on the Site at any time, even with respect to reservations already made for which the user will be offered the opportunity to keep his reservation at the correct price or to cancel it without incurring any penalty.
Payment for purchases must be made by the user using one of the payment methods accepted by the Site.
Amounts are charged to the user when the reservation is confirmed.
The price of what is purchased is determined at the time of confirmation of the purchase by the user and will be as stated in the contract.
The total booking price also includes any taxes and intermediary handling fees, which vary depending on the type of what is purchased.
Only in the case of the purchase of a tourist package, it is possible, provided that this occurs at least twenty days prior to departure, that the price undergoes an upward adjustment due to the adjustment to the cost of fuel, exchange rates or 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 tourist package provided that this possibility is provided for in the contractual conditions of the provider of the tourist package and that written notice of the increase is provided; in the event that the adjustment in question turns out to be more than 8% of the total price of the tourist package, the buyer has the right to accept the change or to withdraw from the contract without paying withdrawal fees.
Not included in the price, unless otherwise specified, are entry visas for the chosen destination and any other applicable taxes or fees payable locally.
4. CANCELLATION AND CHANGES
The user may request the cancellation, in whole or in part, of a reservation or make changes to it, it being understood that this will be possible only under the conditions indicated by the individual service provider or tour package organizer in its general conditions of sale and that any refunds resulting from changes, cancellations and/or non-use of what was purchased will be possible only if provided for and under the conditions indicated by the individual service provider or tour package organizer in its general conditions of sale.
To make a cancellation or change of a reservation, the user can always write to the e-mail address [email protected] or by calling 0362/350690; for some reservations only, cancellation or modification of a reservation will also be made directly by the user by logging in to his or her reserved area.
In case of total or partial cancellation of a reservation or in the event of its modification, the user will always be charged the management fee by FV, which varies depending on the type of service or package purchased.
In case of total or partial cancellation of a reservation or in the event of its modification, the user will always be charged the management fee by FV, which varies depending on the type of service or package purchased.
It is possible that the cancellation fees charged by the third-party service provider or tour package may equal the entire price paid for the purchase of the service or tour package
5. INFORMATION AND OBLIGATIONS OF THE TRAVELER FOR THE EXECUTION OF THE JOURNEY
Before the conclusion of the contract, only Italian citizens holding Italian travel documents (including, depending on the destination, the identity card or passport or any other equivalent document used for travel) are provided with written information, through the publication of suitable material on the Website in the dedicated 'Useful Links' section, regarding general health requirements and the documentation necessary for travel abroad. This information will always be communicated by FV, along with the sending of contractual documentation, after the conclusion of the contract and before the start of the journey.
Foreign citizens (even if residing in Italy but in possession of travel documents issued by a foreign authority) must always obtain the corresponding information through their own diplomatic representatives in Italy and/or their respective official government information channels.
In any case, it is the traveler's responsibility to verify, before departure, the updating of their documents with the relevant authorities (for Italian citizens only, the verification can be done at the local police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Central Operational Telephone at the number +39 06.491115), and to ensure compliance with them before the journey.
The verification of one's travel documents is the sole responsibility of the traveler, and as such, no responsibility can be attributed to the intermediary or the organizer in this regard.
At the time of booking, the user must inform the intermediary and the organizer of their citizenship, and at the time of departure, they must ensure that they (as well as the individuals on whose behalf the booking was made) are in possession of vaccination certificates, their identity card or passport, and any other valid documents required for all countries included in the travel itinerary, as well as any necessary residence permits, transit visas, and health certificates.
It is the responsibility of the traveler, in order to assess the health and safety situation in the destination countries, to obtain general official information from the Ministry of Foreign Affairs (via the website www.viaggiaresicuri.it or the Central Operational Telephone at +39 06.491115), which expressly indicates whether the destination is subject to a formal advisory or not.
FV recommends that all travelers adhere to the observance of the rules of normal prudence and diligence, as well as those specific to the destination countries of the trip, to all information provided to them at the time of booking, and to the regulations, administrative, and/or legislative provisions in force.
The traveler will be held responsible for all damages that the organizer and/or intermediary may suffer due to the failure to comply with the above, including any expenses necessary for repatriation.
During the booking process and, in any case, before the conclusion of the contract, the user has the duty to specify in writing: Any specific personal requests, for themselves and/or for other individuals on whose behalf they are making the booking, which may be the subject of specific agreements regarding the travel arrangements, provided that their implementation is possible. Any special needs or conditions (such as pregnancy, dietary intolerances, disabilities, etc.), for themselves and/or for other individuals on whose behalf they are making the booking, explicitly requesting personalized services and giving consent to the processing of sensitive data (failure to consent will result in the impossibility to fulfill contractual obligations).
FV advises the traveler to take with him/her on the trip the medicines in common use and to indicate (also when making the reservation) the possible need to make use of psychotropic drugs and/or life-saving medicines (the quantity of which must in any case be proportionate to the duration of the trip having regard to the daily dose to be taken) for the carriage of which it is necessary to comply with special rules (the non-observance of which could also lead to entry problems in some countries) and to always carry a doctor's prescription, translated at least into English, prescribing its use and dosage with reference to the pathology.
6. RIGHT OF WITHDRAWAL FOR ONLINE SALES
The right of withdrawal provided for in Articles 52 and following of the Consumer Code does not apply to purchases made through this Website, in accordance with the combined provisions of Articles 47 letter g) and m) and Article 59, paragraph 1, letter n) of the Consumer Code.
7. CLASSIFICATION OF FACILITIES
The classification of the facilities on the Website is purely indicative and corresponds to the official classification provided by the competent authorities of the country where the facility is located and the service is provided.
The standards may vary among facilities of the same class depending on the country in which they are located.
It is important and recommended to carefully read the descriptions of the facilities.
The photographs published on the Website are for illustrative purposes only and do not in any way bind FV.
8. INSURANCE
(a) Single travel service.
Only at the time of booking can special insurance policies be taken out against expenses arising from cancellation.
At the time of booking, but also afterwards as long as it is within twenty-four hours of departure, it is also possible to take out special insurance policies against expenses arising from the loss of luggage or from injury or illness or assistance contracts that cover expenses for repatriation due to injury, illness or death.
In the case of purchasing a single travel service, taking out these policies is not mandatory; FV recommends always taking out insurance policies and service contracts.
On the other hand, the policy against risks arising from cancellation is always optional: FV always recommends taking out such insurance coverage at the time of booking.
The contract is always between the user and the individual insurance or service provider.
Only and exclusively the contractual terms and conditions of the individual insurance or assistance service provider from time to time displayed by the user at the time of booking shall apply to such contracts.
b) Tourist packages organised by FV.
In the case of purchasing a tour package from third-party providers, it is obligatory by law to take out insurance against expenses arising from the loss of luggage or from accidents or illness at the time of booking; failure to take out the aforementioned insurance coverage does not allow the purchase of the tour package to be completed.
Special supplementary insurance contracts can also be taken out at the time of booking.
The contract is always between the user and the individual insurance or service provider.
Only and exclusively the contractual terms and conditions of the individual insurance or assistance service provider from time to time displayed by the user at the time of booking shall apply to such contracts.
Frigerio Viaggi S.r.l., as a guarantee for travelers, also joins the Fund established in the form of a consortium called Fondo Vacanze Felici S.c.a.r.l., C.F. 09566380961 and P. IVA 09566380961, with registered office in (20122) Milan, Via Larga n. 6.
This coverage is included in the contract of those who purchase a package tour organized by FV.
(c) Tour packages for which FV is considered by law to be the organizer.
In the case of purchasing a tour package from third-party providers, it is obligatory by law to take out insurance against expenses arising from the loss of luggage or from accidents or illness at the time of booking; failure to take out the aforementioned insurance coverage does not allow the purchase of the tour package to be completed.
On the other hand, the policy against risks arising from cancellation is always optional: FV always recommends taking out such insurance coverage at the time of booking.
It is also possible to take out special assistance contracts that cover the cost of repatriation due to injury, illness or death: FV always recommends that such contracts be taken out at the time of booking.
The contract is always between the user and the individual insurance or service provider.
Only and exclusively the contractual terms and conditions of the individual insurance or assistance service provider from time to time displayed by the user at the time of booking shall apply to such contracts.
Frigerio Viaggi S.r.l., as a guarantee for travelers, also joins the Fund established in the form of a consortium called Fondo Vacanze Felici S.c.a.r.l., C.F. 09566380961 and P. IVA 09566380961, with registered office in (20122) Milan, Via Larga n. 6.
This coverage is included in the contract of those who create a tour package through the Site (paragraph 2(b)) or in the case of a linked tour service (paragraph 2(f)).
(d) Own or third-party provider tour packages;
In the case of purchasing a tour package from third-party providers, it is obligatory by law to take out insurance against expenses arising from the loss of luggage or from accidents or illness at the time of booking; failure to take out the aforementioned insurance coverage does not allow the purchase of the tour package to be completed.
On the other hand, the policy against risks arising from cancellation is always optional: FV always recommends taking out such insurance coverage at the time of booking.
It is also possible to take out special assistance contracts that cover the cost of repatriation due to injury, illness or death: FV always recommends that such contracts be taken out at the time of booking.
The contract is always between the user and the individual insurance or service provider.
Only and exclusively the contractual terms and conditions of the individual insurance or assistance service provider from time to time displayed by the user at the time of booking shall apply to such contracts.
To guarantee travelers in case of insolvency or bankruptcy of the organizer or intermediary, as required by law, all tour package organizers are covered by appropriate insurance policies or similar products, which are included and verifiable in the general terms and conditions of each individual provider.
(e) FV's liability policy.
FV is covered by liability insurance policy No. 40324512000250 dated 12/31/2021 with TUA Assicurazioni
9. CUSTOMER SERVICE AND COMPLAINT HANDLING
FV customer service can be contacted by e-mail at. [email protected] or by phone at 0362/350001
Any complaints must be submitted within the time limits prescribed by law via email to the following address. [email protected] or by registered mail with return receipt to the address "Frigerio Viaggi S.r.l., via A. Viganò n. 5, 20833 Giussano (MB).
10. PERSONAL DATA
The personal data provided by the user will be processed in accordance with the methods specified in the privacy policy available on the Website and can be accessed here. https://www.frigerioviaggi.com/privacy-policy/
11. CONDITIONS FOR USE OF THE SITE
Use of the Site is possible under the terms provided in the terms of use on the Site found here https://www.frigerioviaggi.com/condizioni-di-utilizzo-del-sito/
A user who decides to make a purchase through this Site represents that he or she has read and unconditionally accepts the terms of use of this Site.
12. APPLICABLE LAW
These general conditions of sale are governed by Italian law.
In the event that any clause of these general terms and conditions is found to be invalid, illegal, or unenforceable in whole or in part, the remaining clauses of these general terms and conditions shall nevertheless remain applicable.
13. SETTLEMENT OF DISPUTES
Any and all disputes arising from these general conditions of sale must be submitted, before resorting to the competent Italian Judicial Authority, to the attempt at mediation (Legislative Decree 28/2010) to be carried out before the Conciliation Body established at the Bar Association of the place where the Italian Judge with territorial jurisdiction based on the residence or elective domicile of the purchaser is located.
14. COMMUNICATION IN ACCORDANCE WITH ARTICLE 16 OF LAW 269/98
Italian law punishes with imprisonment crimes related to prostitution and child pornography even if the same have been committed abroad.
