The travel or accommodation contract is regulated in accordance with: a) DL 23.05.2011 no. 79 Tourism Code, amended by subsequent sentence no. 80 of 05/04/2012 of the Constitutional Court. b) DL 06/09/2005 Consumer Code, Title IV, provisions relating to individual contracts chapter II, articles 82 to 100. Tourist packages, have as their object journeys, holidays and circuits that are made up of the combination of at least two different types of tourist services (within the meaning of Directive (EU) 2015/2302) such as, for example, transport, accommodation that form a definitive part of the tourist package. Such services are: combined by a single professional; purchased at a single point of sale; sold at a flat rate; lasting more than 24 hours. Therefore, contracts having as their object the offer of a single tourist service, not being Tourist Packages, do not enjoy the specific protections provided for by European Directive 2032/2015.
2. TRAVEL AND LIABILITY CONTRACTS
Travel contracts relating to this programme are understood to be governed, in addition to these general conditions, by Law No. 1084 of 27 December 1977 ratifying and executing the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970, as well as by the aforementioned DL 06/09/2005 and DL 23/05/2011. The liability of the travel organisation may in no case exceed the limits provided for by the aforementioned laws. Any condition contrary to law 1084/77 and the above-mentioned DL 06/09/2005, included in the present programme, must be considered annulled.
3. RESPONSABILITY OF THE TOUR OPERATOR
Mamberto declares that the present programme is covered by an insurance guarantee, with all the extensions required by law no. 15 of 21/7/86 of the Region of Liguria acompliant with the aforementioned Brussels C.C.V. of 23/4/1970. Extremities of the insurance guarantee: R.C. policy of UnipolSai Assicurazioni, policy no. 1/266/65/45815356. Mamberto shall be liable for damages caused to the customer due to total or partial non-fulfilment of the services Mamberto shall be liable for damages caused to the customer due to the total or partial non-fulfilment of contractually due services, whether carried out by the customer personally or by third party service providers, unless it is proven that the non-fulfilment is due to the customer himself (including initiatives autonomously taken by the latter during the trip or stay) or to facts extraneous to the provision of the services foreseen by the contract, to fortuitous events, force majeure, or circumstances that the organiser himself could not, according to his own professional diligence, reasonably foresee and resolve.
4. PRICES
All prices quoted may be subject to change due to the entry into force of laws, taxes or decrees subsequent to the publication of this programme.
5. REGISTRATION
Acceptance of bookings is subject to availability of seats and is considered finalised, with consequent conclusion of the contract, only at the time of written confirmation by Mamberto. The Travel Agency selling the Mamberto product, in possession of a regular licence, may issue the customer, pursuant to Art. 146 D.L. 06/09/2005, with a copy of the contract only if it is already in possession of the confirmation referred to in the previous paragraph. Information relating to the tourist package not contained in the contractual documents, in this programme or in other means of communication, shall be provided by Mamberto in good time before the start of the trip or stay.
6. PAYMENTS
A deposit of 25% of the participation fee, plus the registration fee if applicable, must be paid at the time of booking and confirmation by Mamberto. The balance must be paid to Mamberto 20 days before departure. For bookings made within 20 days of departure, the balance is required. Failure to make the above payments on the agreed dates constitutes an express termination clause of the contract, such as to determine its cancellation, without prejudice to any compensation for damages suffered by Mamberto and the seller Travel Agency as a result of the forced cancellation of the contract.
7. MODIFICATIONS OF THE TOURIST PACKAGE
Quotes may be varied up to 20 days prior to the date fixed for departure, as a consequence of changes in carrier tariffs or in the cost of tourist services. If the increase in the overall price exceeds 10%, the participant has the right to withdraw from the contract, provided that he/she notifies Mamberto in writing within 3 working days of the communication of the increase. Otherwise, the increase shall be deemed accepted. If, after departure, Mamberto is unable to provide an essential part of the services contemplated in the contract, it shall arrange alternative solutions, without price supplements to be paid by the consumer, and if these are of value lower than those provided for, compensate the consumer in an amount equal to this difference. If no alternative solution is available, or if the solution proposed by Mamberto is refused by the consumer for serious, justified and proven reasons, Mamberto will provide, at no extra charge, a means of transport equivalent to the original one planned, for the return to the place of departure, only if this solution is objectively indispensable. Changes made by the consumer to bookings which have already been accepted shall oblige Mamberto only if and to the extent that they can be accommodated, and shall in any event result in the consumer being charged for the additional costs incurred.
8. FILE OPENING COSTS
For stay only, adults € 15.00, children 3-11 years € 10.00. Stay only up to 2 nights € 25.00 per case. No charge for children under 3 years. No charge for bookings made via www.mamberto.com.
9. CHANGES
The Tour Operator is not liable if the customer's request for a change cannot be fulfilled. In the event of a change of date, hotel or services included in the tourist package, or the substitution of regularly booked persons, and where this does not entail greater charges or penalties, a flat-rate refund of € 30.00 per case shall be charged to the customer. From the 20th day prior to departure, any changes are subject to penalties. Please contact booking for details.
10. CUSTOMER CANCELLATION
The consumer may withdraw from the contract, without paying anything, only when he is notified of a change in an essential element of the contract, pursuant to Article 9 above. If the consumer withdraws from the contract in cases other than those indicated in Article 9, he shall be charged the file opening fee, as well as, by way of withdrawal consideration, sums not exceeding those indicated below:
a) Trips and stays in hotels in Liguria, Piedmont, Lombardy, Côte d'Azur with own car, by train, plane or coach: - 50% of the fee from 14 to 6 days before departure; - 75% of the fee from 5 to 2 days before departure; - 100% of the fee within 24 hours before departure.
b) Trips and stays in residences in Liguria, Piedmont, Lombardy, Côte d'Azur by own car, train, plane or coach: - 50% of the fee 21 to 15 days before departure; - 80% of the fee 14 to 2 days before departure; - 100% of the fee within 24 hours before departure.
PLEASE NOTE: Many hotels and residences have different cancellation conditions from those stated here and will be communicated to the customer prior to booking. In the case of groups, these will be agreed upon when signing the contract. For all combinations, no reimbursement shall be due to those who do not show up or who cancel during the course of the trip. The renouncing customer may be replaced by another person, provided that the communication is received in time for the changes (see changes point no. 10). Mamberto reserves the right, without obligation or responsibility, to: reimburse any sums relating to services not used during the trip or stay, provided that the customer can provide written documentation. For example: in the event of early departure, a written declaration signed by the Hotelier in which he declares that he will reimburse the customer for the nights or part of the nights not used.
12. COMPENSATIONS LIMITS
The compensation owed by Mamberto cannot in any case be greater than the compensation indemnities provided for by international conventions with reference to the services whose non-fulfilment has caused its liability, whether in contractual or extra-contractual terms: namely the Warsaw Convention of 1929 on international air transport in the text amended in The Hague in 1955; the Berne Convention (CIV) on rail transport; the Paris Convention of 1962 on the liability of hoteliers, in the text referred to in articles 1783 et seq. 1783 et seq. of the Civil Code; the Brussels Convention (CCV) on the liability of the Organiser. In any case, the limit of indemnity for damages other than personal injury may not exceed the amount of "5,000 Francho oro germinal for any other damage" provided for in Article 13 no. 2 CCV.
13. COMPLAINTS AND GRIEVANCES
If the customer, during the trip or stay, should observe discrepancies or flaws in the tourist package, or any failure in its organization or implementation, he or she must communicate this without delay to the Mamberto Reservation Centre, or to his or her Travel Agency, so that Mamberto can provide the consumer with the assistance required in order to seek a prompt and fair solution. The consumer, under penalty of forfeiture, must report the breach in writing, in the form of a complaint, to Mamberto at the very moment of its occurrence or, if not immediately recognisable, within 10 days from the date of the expected return to the place of departure. Mamberto shall in any case guarantee a prompt response to the consumer's requests.
14. CANCELLATION INSURANCE POLICY
Since they are not expressly included in the price, it is possible, indeed advisable, to take out the special insurance policy against costs arising from cancellation of the package at the time of booking.
15. INSURANCE FUND
In order to comply with the legal obligations arising from D.LGS 21 May 2018 no.62. - art. 47 of the Tourism Code - D.lgs 23.5.2011, n. 79, the undersigned Travel Agency has contracted an adequate INSURANCE POLICY with TUA ASSICURAZIONI Spa (Policy number 40321512000251 - FOGAR-FIAVET Consortium) which, within the limits of the maximum coverage provided, guarantees the traveller for the refund of the price of the tour package and/or the cost of the immediate return if the traveller is not able to use all or part of the services included in the tour package exclusively in the event of insolvency or bankruptcy of the Travel Agency. Therefore, if the traveller is unable to use the services purchased in the event of insolvency or bankruptcy of the Agency, he/she may immediately contact the "24 Hour Operations Centre" +39 02 24128 578 to obtain advice and support in finding alternative hotel accommodation and/or means of transport to reach the same and/or information on travel solutions for a possible immediate return to his/her residence in Italy in the shortest possible time, as per art. 21 of the aforementioned Insurance Policy. Upon the occurrence of said inconveniences, having to pay for the requested services on the spot, the traveller may obtain reimbursement within the Policy's operational limits provided that the expenses incurred are documented and comply with Legislative Decree 62 of 21/5/20.
16. COMPETENT COURT - ARBITRATION CLAUSE
The Court of Savona shall have exclusive jurisdiction over any disputes arising from the travel contract concerning this programme. However, by mutual agreement, disputes arising from the application, interpretation or execution of the contract may be referred to the decision of a Board of Arbitrators made up of as many arbitrators as there are parties to the dispute, plus one who acts as President, appointed by the designated Arbitrators, or, failing this, by the President of the Court of Savona. The Board of Arbitration, which shall have its seat in Savona, shall decide ritually and according to law, after any attempt at reconciliation.
17. TRAVELLER'S OBLIGATIONS
Travellers have an obligation to:
Compulsory notification under Article 17 of Law 38/2006: 'The law punishes with imprisonment offences relating to prostitution and child pornography, even if they are committed abroad.
