TERMS & CONDITIONS

BHS TRAVELADVISOR SRL carries out the activity of brokering individual tourist services and the activity of organizing and selling tourist packages. The services and tourist packages illustrated on the bhstraveladvisor.com website will be offered for sale under the conditions described therein

BHS TRAVELADVISOR SRL, in the person of the legal representative Ludovico Orlandi, with headquarters in via Portaria Campagna 71 – 05021 Acquasparta (TR), operates as a travel agency and tour operator with regular administrative authorization n.641946 issued by the Lazio Region on 18/09/2017.

Insurance company: Nobis Compagnia di Assicurazioni S.p.A. n. 1505001994C

Travelers guarantee: “FILODIRETTO PROTECTION” insurance n. 6006003124/E, issued by Nobis Compagnia di Assicurazioni S.p.A.

Subject and content of the contract of sale of the tourist package

Constitute an integral part of the travel contract in addition to the general conditions that follow, the description of the tourist package contained in the catalog, or in the separate travel program, as well as the booking confirmation of the services requested by the tourist / traveler. It is sent by the tour operator to the travel agency, as the agent of the Tourist, and the latter shall have the right to receive it from the same. In signing the proposal for the sale and purchase of a tourist package, the tourist/traveler must keep in mind that it gives as read and accepted, for him/herself and for those for whom he/she is requesting the all-inclusive service, both the travel contract as governed therein, and the warnings contained therein, as well as these general conditions.

1. Legislative sources

The sale of tourist packages, having as their object services to be provided in both national and international territory, is regulated – until its repeal pursuant to Article 3 of Legislative Decree No. 79 of May 23, 2011 (the “Tourism Code”) – by L. 27/12/1977 no. 1084 ratifying and executing the International Convention on the Contract for Travel (CCV), signed in Brussels on 23.4.1970 – insofar as applicable – as well as by the Tourism Code (art. 32-51) and its subsequent amendments and by the provisions of the Civil Code on the subject of transportation and mandate, insofar as applicable. Further legislative provisions – the implementation of which should intervene during the course of validity of this catalog – with modifying\abrogative effects on the conditions of contract set out below, will be announced online by publication on the Tour Operator’s website.

2. Administrative Regime

The organizer and the intermediary of the tourist package, to whom the tourist turns, must be licensed to carry out their respective activities according to current legislation, including regional legislation, given the specific competence.

The Organizer and the intermediary shall make known to third parties, prior to the conclusion of the contract, the details of the insurance policy for the coverage of risks arising from professional liability, as well as the details of other guarantee policies towards travelers for the coverage of events that may affect the execution of the vacation, such as cancellation of the trip, coverage of medical expenses, early return, loss of or damage to luggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the intermediary, each to the extent of its competence, for the purpose of the return of the sums paid or the return of the tourist to the place of departure.

Pursuant to Article 18, Paragraph VI of the Tourism Code, the use in the company name or business name of the words “travel agency,” “tourism agency” , “tour operator,” “travel broker,” or other words and phrases, including in a foreign language, of a similar nature, is allowed only to the licensed enterprises referred to in the first paragraph.

3. Definitions

For the purposes of this contract, the following shall mean:

1. (a) organizer: the person who undertakes in his own name and for a lump sum consideration, to procure tourist packages for third parties, or by offering the tourist, including through a system of distance communication, the possibility of independently making and purchasing such a combination;
2. (b) intermediary: the person who, whether or not professionally and not for profit, sells or undertakes to procure tourist packages for a flat fee;
3. (c) tourist/traveler: the purchaser, the transferee of a package tour or any person also to be named, provided that he or she meets all the conditions required for the use of the service, on whose behalf the principal contractor undertakes to purchase without remuneration a package tour.

4. Concept of package tour

The notion of a package tour is as follows:

The combination, by whomever and howsoever realized, of at least two of the following elements, sold or offered for sale at a lump sum price: a) transportation; b) accommodation; c) tourist services not ancillary to transportation or accommodation referred to in Art. 36 that constitute for the satisfaction of the tourist’s recreational needs, a significant part of the “tourist package” (Art. 34 Cod. Tur.). The tourist has the right to receive a copy of the contract of sale of tourist package (drawn up pursuant to and in the manner set forth in Art. 35 Cod. Tur.)

5. Tourist information

Before the start of the trip, the organizer and the intermediary shall notify the tourist of the following information:

1. Itinerary: within the travel program there is essential information regarding the destination and any stages of the itinerary with the relevant periods of stay. The program may be subject to change by decision of the organizer in agreement with the group during the trip and/or in relation to any unforeseen or unavoidable inconveniences (such as weather conditions, accidental mechanical breakdown of the means of transportation used and similar)
2. Means of transportation: within the travel program are the main characteristics and categories of the means of transportation used in carrying out the travel itinerary
3. Hired cars: in cases where the rental does not also include a driver, travelers must provide their willingness to take turns driving the rented vehicle(s) by providing the names and driving license details to the coordinator prior to departure and, where required, a credit card as guarantee
4. Accommodation: the main features of the accommodations are described in the travel program and where possible the names of the facilities are given in the travel contract
5. Meals: where expressly included in the tour package, breakfast or half board or full board is indicated in the travel program and also stated in the “price includes” section thereof
6. Visits and excursions: where expressly included in the tour package, they are indicated in the travel program and also stated in the “the price includes” section of the same. Extra excursions may be provided. It is up to the tourist to take part in them or not. Payment must be made to the organizer before departure

6. Reservations

The proposal for the sale and purchase of tourist package must be made on the appropriate contract form, if applicable electronic, completed in its entirety and signed by the customer, who will receive a copy. Acceptance of the proposal for the sale and purchase of the tourist package is understood to be finalized, resulting in the conclusion of the contract, only when the organizer sends relative confirmation, including by electronic system to the tourist. The information about the tourist package not contained in the contractual documents, brochures or other means of written communication, will be provided by the organizer, in regular fulfillment of the obligations provided for its charge by Art. 37 paragraph 2 Cod. Tur., before the beginning of the trip. Special requests on the manner of delivery and/or execution of certain services forming part of the tourist package, including the need for assistance at the airport for persons with reduced mobility, the request for special meals on board or in the resort, must be made at the time of the reservation request and be the subject of specific agreement between Tourist and Organizer, through the mandated travel agency

First Name and Last Name must EXACTLY match (e.g. multiple first name / last name) with those shown in the identity document with which you will travel. In case of mismatch, any penalties for name change in the airline ticket will be borne entirely by the traveler

7. Payments

Upon signing the proposal for the purchase of the tourist package must be paid:

1. a) the registration fee of €100 as a deposit in case of booking through the bhs.travel website. This should be followed by points b) and c) to be paid by bank transfer (if resident in the European Union) or by Visa/Mastercard transaction
2. b) deposit equal to 50% of the price of the tour package published by the Organizer (including any additional cancellation insurance and single supplement). This amount is paid as a deposit and advance payment account. During the period of validity of the proposed purchase and sale and therefore before any booking confirmation that constitutes completion of the contract, the effects referred to in art.1385 civil code are not produced if the withdrawal depends on a fact occurring that is not attributable
3. c) the balance must be irrevocably paid by the deadline established by the Tour Operator in the booking confirmation of the requested service/tour package.

In the case of payment of balance amounts made within 5 days of departure, the traveler is obligated to produce the payment receipt to BHS TRAVELADVISOR prior to the start of the tour. Failure to do so shall entitle BHS TRAVELADVISOR to refuse participation to the traveler who is unable to produce the receipt or proof of payment of the balance.

8. Price

The price of the tourist package is determined in the contract, with reference to what is stated in the catalog, or program out of the catalog and any updates of the same catalogs or programs out of the catalog that have subsequently occurred, or on the website of the Operator. It may be varied only as a result of changes in:

1. transportation costs, including the cost of fuel;
2. duties and taxes related to air transportation, landing, landing or boarding fees at ports and airports;
3. exchange rates applied to the package in question.

For such changes, reference will be made to the exchange rate and prices in effect on the date of publication of the program, as reported in the catalog data sheet, or the date reported in any updates published on the websites. In any case, the price may not be increased in the 20 days preceding departure and the revision may not exceed 10% of the price in its original amount. The price consists of:

• basic participation fee, including medical assistance and baggage loss insurance policy within the maximum amounts indicated on the contract
• cost of any travel cancellation insurance policy;
• cost of any visas and taxes for entry, stay and/or stay and exit from the destination countries of the trip, when specified in the travel program
• agency fees and expenses in the case of delegation to BHS TRAVELADVIDSOR to obtain visas necessary for the completion of the trip;
• any additional charges for other tourist services, including supplementary and/or related, or for other requests made by the traveler and accepted by BHS TRAVELADVISOR

9. Modification or cancellation of the tour package before departure

The Organizer reserves the right to unilaterally change the terms of the contract, other than the price, where the change is minor. The communication shall be made clearly and precisely through a durable medium, such as e-mail.

If prior to the commencement of the package, the organizer is forced to significantly change one or more of the main features of the tourist services referred to in Article 34 paragraph 1 (a) Tur. Cod. Either cannot meet the specific requests made by the traveler and accepted by the organizer or proposes to increase the price of the package by more than 8%, the traveler may accept the proposed change or withdraw from the contract, without paying any penalty.

In case of withdrawal, the organizer may offer the traveler a replacement package of equivalent or superior quality.

The organizer shall inform the traveler without undue delay in a clear and precise manner on a durable medium of the proposed changes and their impact on the price of the package.

The traveler shall notify the organizer or the intermediary of his or her decision within two working days of receiving the notice of change.

If the changes in the tour package contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an appropriate price reduction.

In the event of withdrawal from the tour package contract pursuant to paragraph 2, and if the traveler does not accept a substitute package, the organizer shall refund without undue delay and in any case within 14 days of withdrawal from the contract all payments made by or on behalf of the traveler and shall be entitled to be compensated for non-performance of the contract, except in the following cases: (a) there shall be no compensation arising from the cancellation of the tour package when the cancellation of the same depends on the failure to reach the minimum number of participants that may have been required; (b) there shall be no compensation arising from the cancellation of the tour package when the organizer proves that the lack of conformity is attributable to force majeure and fortuitous event; c) there is also no compensation arising from the cancellation of the tourist package when the organizer proves that the lack of conformity is attributable to the traveler or a third party unrelated to the provision of tourist services included in the tourist package contract and is unforeseeable or unavoidable.

10. Tourist withdrawal

The tourist may also withdraw from the contract without paying penalties in the following cases:

• price increase in excess of 10%;
• significant modification of one or more elements of the contract objectively configurable as fundamental to the enjoyment of the tourist package as a whole and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the tourist.

In the above cases, the tourist is alternately entitled to the following:

• accept the alternative proposal where made by the organizer;
• request the return of the sums already paid. Such repayment shall be made within the statutory period specified in the preceding article.

The tourist who withdraws from the contract before departure outside the cases listed in the first paragraph, or those provided for in Article 9, paragraph 2, will be charged – regardless of the payment of the deposit referred to in Article 7, paragraph 1 – the individual cost of practice management, the penalty in the amount specified in the contract, any consideration for insurance coverage already required at the time of the conclusion of the contract or for other services already rendered.

Excluded from the above are trips that include the use of scheduled flights with special fares. In these cases the conditions regarding cancellation penalties are deregulated and much more restrictive.

If the cancellation occurs in the period prior to the fifteenth day before the departure of a trip that has not yet been confirmed, the tourist will be entitled to a refund of the fee paid, excluding the “Trip Cancellation” fee;

Following the booking of a “confirmed” trip, the tourist will be entitled to the return of the basic reservation according to the following conditions:

If the cancellation takes place during the period:

• before 60 days from the departure of the trip, will be entitled to a refund of 50% of the total amount excluding the “Trip Cancellation” fee
• between 59 and 30 days before departure, will be entitled to a refund of 25% of the total amount excluding the “Trip Cancellation” fee
• between 29 and 15 days before departure, will be entitled to a refund of 10% of the total amount excluding the “Trip Cancellation” fee

Beyond that time, you will not be entitled to any refund.

11. Changes after departure

If the organizer, after departure, finds itself unable to provide, for any reason other than the tourist’s own doing, an essential part of the services provided for in the contract, it must prepare suitable alternative solutions for the continuation of the planned trip not involving charges of any kind to be borne by the tourist, or reimburse the latter to the extent of the difference between the services originally planned and those performed. If no alternative solution is possible, or if the solution prepared by the organizer is refused by the tourist for proven and justified reasons, the organizer will reimburse the tourist to the extent of the difference between the cost of the services planned and the cost of the services performed up to the time of the early return.

12. Substitutions

The traveler upon prior notice given to the organizer on a durable medium not later than seven days before the beginning of the package, may assign the contract of sale of tourist package to a person who meets all the conditions for the enjoyment of the service

The transferor and the transferee of the tourist package sales contract shall be jointly and severally liable for the payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and paperwork costs, resulting from such assignment

The organizer shall inform the transferor of the actual costs of the assignment, which shall not exceed the costs actually incurred by the organizer as a result of the assignment of the contract for the sale of a package tour, and shall provide the transferor with proof of the fees, taxes or other additional costs resulting from the assignment of the contract. In the case of a travel contract with air transportation for which tickets have been issued at a preferential fare and\or non-refundable, the assignment may result in the issuance of new air tickets with the fare available on the date of the assignment itself

13. Obligations of tourists

In the course of negotiations and in any case prior to the conclusion of the contract, Italian citizens are provided in writing with general information regarding health obligations and the documentation required for expatriation.

For regulations regarding the expatriation of minors, we expressly refer to what is indicated on the State Police website. However, it should be noted that minors must be in possession of a valid personal document for expatriation i.e. passport, or for EU countries, also a valid identity card for expatriation. Regarding the expatriation of minors under the age of 14 and the expatriation of minors for whom Authorization issued by the Judicial Authority is required, the requirements indicated on the State Police website should be followed

http://www.poliziadistato.it/articolo/191/

Foreign nationals should find the corresponding information through their diplomatic representations in the destination country and/or respective official government information channels.

In any case, tourists will, prior to departure, check for updates with the relevant authorities (for Italian citizens, the local Questura or the Ministry of Foreign Affairs via the www.viaggiaresicuri.it  or the Telephone Operations Center at 06.491115) to accommodate travel requirements. In the absence of such verification, no responsibility for the missed departure of one or more tourists can be attributed to the intermediary or organizer

Tourists must in any case inform the intermediary and the organizer of their citizenship at the time of booking the tourist package or tourist service request and, at the time of departure, they must definitively ensure that they have vaccination certificates, an individual passport and of any other document valid for all the countries touched by the itinerary, as well as residence and transit visas and health certificates that may be required.

Furthermore, in order to evaluate the socio-political, health security situation and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the tourist will have the burden of taking the official information of a general nature at the Ministry of Foreign Affairs, and disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it.

The above information is not contained in the T.O. catalogs. – online or paper – since they contain descriptive information of a general nature as indicated in article 38 of the Tourism Code and not temporally changing information. The same must therefore be assumed by the Tourists.

If on the booking date the chosen destination appears, from the institutional information channels, as a location not recommended for safety reasons, the traveler who subsequently exercises the right of withdrawal will not be able to invoke, for the purposes of exemption or reduction of the compensation request for the withdrawal made. , the disappearance of the contractual cause connected to the security conditions of the country.

Tourists must also comply with the rules of normal prudence and diligence and the specific ones in force in the travel destination countries, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating to the tourist package . Tourists will be held responsible for all damages that the organizer and/or the intermediary may suffer also due to failure to comply with the obligations indicated above, including the expenses necessary for their repatriation.

The tourist is required to provide the organizer with all documents, information and elements in his possession useful for the exercise of the latter’s right of subrogation towards third parties responsible for the damage and is responsible towards the organizer for the damage caused to the right of subrogation.

The tourist will also communicate in writing to the organiser, at the time of the tourist package purchase and sale proposal and therefore before sending the booking confirmation of the services by the organiser, the particular personal requests which may form the subject of specific agreements on travel arrangements, provided that their implementation is possible and in any case be the subject of a specific agreement between the traveler and the Organizer.

14. Accommodation classification

The official classification of hotel facilities is provided on the trip description page or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the countries including EU members to which the service refers, the organizer reserves the right to provide its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of the same by of the tourist

15. Liability regime

The organizer is liable for damages caused to the tourist due to the total or partial failure to fulfill the contractually owed services, whether they are carried out by him personally or by third-party service providers, unless he proves that the event arose from a fact of the tourist (including initiatives independently undertaken by the latter during the execution of tourist services) or by the unforeseeable or inevitable act of a third party, by circumstances unrelated to the provision of the services provided for in the contract, by fortuitous circumstances, by force major, or by circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve.

The intermediary with whom the booking of the tourist package was made is not liable in any case for the obligations relating to the organization and execution of the trip, but is responsible exclusively for the obligations arising from his capacity as intermediary and, in any case, within the limits established for this responsibility by the regulations in force on the matter, including the guarantee obligations referred to in the art. 50 and without prejudice to the exemption referred to in art. 46 Tourist Code

16. Limits of compensation

The compensation referred to in the articles. 44, 45 and 47 of the Tourism Code. and related limitation periods, are governed by the provisions therein and in any case within the limits established, by the C.C.V, by the International Conventions that govern the services that form the subject of the tourist package as well as by articles 1783 and 1784 of the civil code, with the exception of personal injury not subject to a pre-established limit.

17. Duty of assistance

The organizer promptly prepares every useful remedy to help the tourist in difficulty according to the criterion of professional diligence with exclusive reference to the obligations incumbent upon him by law or contract, without prejudice in any case to the right to compensation for damage in the event of for which the incorrect fulfillment of the contract is attributable to the latter. The organizer and the intermediary are exempted from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failure or incorrect execution of the contract is attributable to the tourist or is dependent on the action of a third party of an unforeseeable or inevitable nature, or was caused by a fortuitous event or force majeure.

18. Complaints and reports

Any failure in the execution of the contract must be contested by the tourist during the use of the package so that the organizer, his local representative or the guide can promptly remedy it

The tourist must also – under penalty of forfeiture – lodge a complaint by sending a registered letter or via PEC to the address bhstraveladvisorsrl@legalmail.it with acknowledgment of receipt, to the organizer, no later than ten working days from the date of return to the departure location

19. Insurance against cancellation and repatriation costs

If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking against costs arising from package cancellation, accidents and/or illnesses which also cover repatriation costs and for loss and/or damage to baggage. The rights arising from the insurance contracts must be exercised by the tourist directly against the stipulating insurance companies, under the conditions and with the methods provided for in the policies themselves, as set out in the policy conditions published in the catalogs or displayed in the brochures made available to tourists at the time of departure.

20. Alternative dispute resolution tools

Pursuant to and for the purposes of art. 67 Tourist Code. the organizer may propose to the tourist – in the catalogue, in the documentation, on its website or in other forms – alternative methods of resolving disputes that have arisen. In this case the organizer will indicate the type of alternative resolution proposed and the effects that such adhesion entails.

21. Guarantee Fund – Filodiretto protection to protect travelers (art. 50 Tourism Code)

Organized tourism contracts are supported by suitable guarantees provided by the Organizer and the intermediary travel agent who, for trips abroad and trips that take place within a single country, guarantee, in cases of insolvency or bankruptcy of the intermediary or organizer, the reimbursement of the price paid for the purchase of the tourist package and the immediate return of the tourist. The identification details of the legal entity which, on behalf of the Organiser, is required to provide the guarantee are indicated in the catalog and\or website of the Organizer itself and may also be indicated in the booking confirmation of the services requested by the tourist\traveller. The methods for accessing the guarantee and the deadlines for submitting the request for reimbursement of the sums paid are indicated on the website of the insurance company Nobis Compagnia di Assicurazioni S.p.A, at the address www.nobis.it, as the legal entity to which BHS TRAVELADVISOR adheres . In order to avoid incurring forfeitures, it is advisable to keep in mind the deadlines indicated for submitting applications. It is understood that the expiration of the deadline due to the impossibility of submitting the application and not to the tourist’s inertia allows for remission within the same terms. The web address of Filodiretto Protection (www.nobis.it) for the Protection of Travelers is also shown in the websites, catalogs and documents relating to the tourist package purchase contract (account statement or booking confirmation) of the same Tour Operator\ Manager.

22. Operational changes

In consideration of the long advance with which the travel programs contained on the travel web page are prepared, the information relating to the tourist services reported there and the methods of use of the same may undergo variations which will be brought to the attention of the travelers before the conclusion of the contract and must be specifically approved by the travelers as soon as possible and in any case before departure even if they do not imply additional costs.

Travelers cannot be charged for any additional costs for changes to the program, the tourist services included therein and/or the methods of use of the same, not communicated within the times and in the manner indicated above.

23. Media content rights

During the trip, photos and videos of the tourist (the “Images”) will be collected, to allow him or her greater participation in the purchased trip, as well as for advertising purposes. By purchasing the tourist package, the tourist assigns all the relevant and necessary rights to use the Images, in accordance with what is indicated in the Terms and Conditions, which on this point constitute an integral part of this Contract.

Addendum – General conditions of contract for the sale of individual tourist services

1. a) Regulatory provisions

The contracts having as their object the offer of only the transport service, only the accommodation service, or any other separate tourist service, not being able to be configured as a contractual case of travel organization or tourist package, are governed by the following provisions of the CCV : art. 1, no. 3 and no. 6; articles from 17 to 23; articles from 24 to 31 (limited to the parts of these provisions that do not refer to the organization contract) as well as other agreements specifically referring to the sale of the individual service covered by the contract. The seller who undertakes to procure a disaggregated tourist service for third parties, even electronically, is required to issue the tourist with the documents relating to this service, which indicate the sum paid for the service and cannot in any way be considered an organizer. of travel.

1. b) Contract conditions

The following clauses of the general conditions of the contract for the sale of tourist packages reported above are also applicable to these contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of said clauses in no way determines the configuration of the related services as a type of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organiser, trip, etc.) must therefore be understood with reference to the corresponding figures of the sales contract of individual tourist services (seller, stay, etc.).

Information pursuant to art. 13 Legislative Decree 196/03 (personal data protection)

The processing of personal data, the provision of which is necessary for the conclusion and execution of the contract, is carried out in full compliance with Legislative Decree 196/2003 and the GDPR and subsequent amendments, in paper and digital form. The customer may at any time exercise the rights pursuant to art. 7 DLGS 196/2003 and the GDPR by contacting the data controller: BHS TRAVELADVISOR; via portaria Campagna 71, 05021 Acquasparta (TR), VAT number: 02259740567; legal representative: Ludovico Orlandi; info@bhs.travel

For all information on the use of personal data, the tourist must refer to the Privacy Policy of BHS TRAVELADVISOR which is referred to here and constitutes an integral and substantial part of the Contract.

Mandatory communication pursuant to art.17 of Law n.38/2006

Italian law punishes crimes involving prostitution and child pornography with imprisonment, even if committed abroad.