Conditions of sale
TERMS AND CONDITIONS
WEBSITE CONTENTS AND USE
Throughout the site you will find links to external websites. Although C-WAY makes every effort to ensure these links are accurate, up to date and relevant, C-WAY cannot take responsibility for pages maintained by external providers. These links are being provided as a convenience and for informational purposes only; if not expressly mentioned, they do not constitute an endorsement or an approval by C-WAY of any of the products, services or opinions of the corporation or organization or individual. C-WAY bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links.
TERMS AND CONDITIONS FOR SERVICES OUTSIDE C-WAY, THAT ACTS AS INTERMEDIARY
In the event that C-WAY is acting as a mere intermediary agent for suppliers in selling travel-related services, C-WAY, shall not be responsible for breach of contract of any intentional or careless actions or omissions on part of such suppliers, which result in any loss, damage, delay, or injury to you or your travel companions or group members. C-WAY shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climactic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside its control. Acting as an intermediary, C-WAY will be responsible only for the obligations, related to this role, in accordance with Art. 22 of Law n. 1084, dated 27.12.1977 and D.L 203/2005 (codice del Consumo). The online purchase of services or combinations of services is at User’s sole discretion, therefore the User will be responsible for his decisions purchase. C-WAY shall not be responsible for the correctness of personal data inserted by the User and of the eventual problems resulting from wrong insertions.
TO CHANGE OR TO CANCEL
If you or anyone on your holiday booking decides to change or cancel the holiday, the lead name must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24-hours by the lead name (email@example.com) . Cancellation will take effect from the day we are notified in writing at firstname.lastname@example.org e-mail address , C-way will advise the cancellation fees applied. We would strongly recommend that you take out appropriate travel insurance which provides cover against loss of deposit or cancellation fees. Any change or cancellation will be subject to the charge of € 25,00 of travel agency service fee.
If any refund will be applicable, the amount to refund will be refunded in the same way as the services were paid for. The normal credit card refund process takes between 15 and 45 working days, depending on the country. However, due to credit card billing periods, you may receive their refund (as an unbilled movement), even though it does not appear on their credit card statement until the following month or the one after that. For some banks, the refund appears in the statement of the same month in which the purchase was made.
In case the amount has to be refunded by bank transfer you will be contacted from The C-WAY accounting department to provide your bank details.
Booking fees are not refundable
The User assumes complete and full responsibility for, and hereby releases the agent from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safely or security conditions at such destinations, during the length of the proposed travel. C-WAY shall not be responsible for the correctness of personal data inserted by the User; the personal data inserted must correspond with the identification document. C-WAY shall not be respobsible for eventual problems/inconveniences resulting from wrong insertions.
TERMS AND CONDITIONS
CONTRACT GENERAL CONDITIONS FOR PACKAGE TRAVELS AND INTERMEDIATED TOURISTIM SERVICES
The sale of Package Travels, having as object to provide services in the domestic or foreign territory, is governed by the Italian Law no. 1084, dated of 27 December 1977 as ratification and implementation of the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970 – where applicable – and by other Italian laws, such as the articles 32-51 of the Italian D.Lgs 79/2011, dated of 23 May 2011, (“Code of Tourism”) and its modifications.
The Organizer, as well as the Intermediary (appointed by the Traveller), must be authorized to execution of their activities, according to the applicable administrative and regional regulation in force.
As the Article 18, paragraph 4, Code of Tourism, the use in the company or business name of the words: “Travel Agency “, “Tourism Agency”, “Tour Operator”, “Travel Intermediary” or similar idioms, also in foreign language, is exclusively permitted to authorized companies set forth in the first paragraph of this article.
For the purposes of this contract the follow definitions apply:
a) “Travel Organiser” or “Organiser”: the subject that undertakes to provide Package Travels to third parties in his own name and at an inclusive price, by realising the combination of elements listed in the following Article 4 or by offering the Traveller the possibility to realise and purchase autonomously such combination, also through a remote system of communication;
b) “Travel Intermediary” or “Intermediary”: the subject that, even not professionally or without profit, sells or agrees to provide Package Travels under following Article 4 at an inclusive price;
c) “Traveller”: the purchaser, the transferee of a Package Travel or any other person to be appointed, provided he meets all the conditions required for the use of the service, on behalf of whom the main contractor agrees to purchase a Package Travel.
- NOTION OF TRAVEL PACKAGE
The concept of Package Travel is as follows (Article 34, Code of Tourism):
“Package Travels include travels, holidays, “all inclusive” circuits, […] resulting from the combination, by anyone and any how realized, of at least two of the elements listed below, when sold or offered for sale at an inclusive price:
c) Travel services not ancillary to the transportation or accommodation, according to the Article 34, which constitute a significant part of the Package Travel for satisfaction of the recreational needs of the Traveller”.
The Traveller has the right to receive a copy of the sales contract of Package Travel (as the Article 35, Code of Tourism), which is also necessary to access the Guarantee Fund according the following Article 21.
- INFORMATION FOR THE TRAVELLER – SPECIFICATIONS SHEET.
The Organiser prepares in the catalogue or in the program out of catalogue – also in e-format or in computerised form – a Specifications Sheet. The compulsory elements of the Specifications Sheet are:
– Administrative authorisation or, if applicable, the D.I.A. (Declaration of Starting Business) or S.C.I.A. (Certified Announcement of Starting Business) of the Organiser;
– Details of the insurance for civil liability;
– Validity term of catalogue or program out of catalogue;
– Terms and conditions for the replacement of the Traveller (Article 39, Code of Tourism);
– Parameters and methods for Package Travel price adjustments (Article 40, Code of Tourism).
The Organiser will include any other specific condition in the Specifications Sheet, if necessary.
The Traveller, who intends to purchase a Package Travel from C-WAY SRL , shall made a Reservation Request of the chosen Package Travel (“Reservation Request” or “Proposal”) on the appropriate form or fill in the required data on the website. The Traveller receives a copy.
Once C-WAY SRL has received the Proposal, it verifies the availability of all requested services and replies with the confirmation together with all contract documents required by law about the Package Travel (Article 36, Code of Tourism) .
Acceptance of Reservation is deemed completed, and as a consequence the contract is concluded, only when the Organizer sends the corresponding confirmation, even electronically, to the Traveller or to the Intermediary: the Traveller shall send back a signed copy of the contract and proceed with payments within the requested deadlines.
Indications regarding the Package Travel, not contained in the contractual documents, brochures or other written communication, will be provided by the Organizer (Article 37, paragraph 2, Code of Tourism).
The terms for settlement payment of the services/travel packages booked, are :
1) 100% of the total due amount, payed by credit card . The personal data inserti is necessary . The payment will be processed after the purchase actions by the Traveller will be concluded.
2) 100% of the total due amount, payed by bank transfer, made within two days after the purchase date . C-WAY bank details necessary for the bank transfer will be communicated to the Traveller by C-way srl after the reservation record
3) 100% of the total due amount, payed by credit card, whose details will be requested by phone or mail by C-WAY operators , contacting the Travellers after teh purchase.
Any cost charged by bank or PayPal or other extra cost caused by the difference currency should be paid by the Traveller
The non-payment within the requested deadlines constitutes an express termination clause that allows the Organizer or the Intermediary to exercise the right of cancellation of the contract (ex art. 1457 C.C) with no obligation for the Organizer or the Intermediary of written communication , in which case the cancellation penalty of 25% will be charged, according to the following Article 9.
The Price is determined in the contract, with reference to the indications on www.c-way.it website, in the catalogue or in the program out of catalogue or in any updates of them. The price can be varied until 20 days before departure and only due to variations in:
– Transportation costs, including the cost of fuel;
– Fees, dues and taxes on certain type of travel services such as landing or embarkation or disembarkation fees at harbours and airports;
– Exchange rates used to calculate the Package Travel.
For these variations, it will be referred to exchange rates and expenses valid as of the date of the program publication, as stated in the Specifications Sheet or as of the date of any updates. Price variations will affect the Package Travel price in the percentage clearly indicated in Specifications Sheet.
- MODIFICATION OR CANCELLATION OF THE PACKAGE TRAVEL BEFORE DEPARTURE.
Before departure, the Organizer or Intermediary who needs to change significantly one or more elements of the contract, shall immediately notify this in writing to the Traveller indicating the type of modification and the consequent price variation.
If the Traveller does not accept the proposed modifications according to previous paragraph, the Traveller may exercise alternatively the right to recover the sum already paid or benefit from a substitute Package Travel under paragraphs 2 and 3 of following Article 10.
The Traveller may exercise the above mentioned rights even when the cancellation is due to the requested minimumnumber of participants has not been achieved , to force majeure or fortuitous events related to the purchased Package Travel.
For cancellations other than those caused by requested minimum number of participants not achieved , force majeure and fortuitous events, as well as for those other than the non-acceptance by the Traveller of the offered alternative Package Travel, the organizer who cancels (Article 33 Italian Code of Consumption) will return to the Traveller twice the sum paid and cashed by the Organizer or the Intermediary.
The refunded sum will never be more than the double of the amount of which the Traveller would be debtor on the same date in accordance with paragraph 4, Article 10 in case he were the cancelling party.
- TRAVELLER WITHDRAWAL.
The Traveller may cancel the contract without penalties, in the following cases:
– Price increase in excess of 10% (according to Article 8);
– Significant modification of one or more elements of the contract objectively deemed as fundamental for the enjoyment of the Package Travel as a whole and as proposed by the Organiser after the contract conclusion, but before departure and not accepted by the Traveller.
In the cases above, the Traveller has the alternative right:
– To benefit an alternative Package Travel, without additional costs or with refund of difference, if the second Package Travel is cheaper;
– To be refunded only with the amount actually paid. Such refund must be paid within seven working days from the redemption request.
The Traveller shall communicate his decision (whether to accept the modification or to withdraw) within two working days from the time he receives the price increase or modification notice. In the absence of express reply by the Traveller within the mentioned term, the proposal formulated by the Organiser is assumed as accepted. The Traveller who withdraws from the contract before departure outside the cases listed in the first paragraph or in the case provided by Article 7, paragraph 2, will be charged with cancellation fees, penalty (as indicated in the Specifications Sheet by Traveller withdrawal) and with insurance policies that may be requested at the time of contract conclusion or other performed services.
For on line purchases, made by phone or mail, the Traveller has not the right to withdrawal according to the effects of artt. 55, comma 1 lettera b), D. Lgs. 206/2005 e 32, comma 2, del D. Lgs. 79/2011.
- MODIFICATIONS AFTER DEPARTURE.
If after departure the Organiser is unable to provide for any reason, except for a fact due to the Traveller, an essential part of the services included in the contract, he shall prepare alternative solutions, without additional cost for the contractor, or with the reimbursement of difference to Traveller, if the proposed services are cheaper than the original. In case no alternative solution is possible, or the Traveller refuses the offered solution of the Organiser for proven and justified reasons, the Organiser will provide without additional cost, a means of transport equivalent to that originally planned to return to the place of departure or to another place possibly agreed, compatibly with the availability of transportation, and he will reimburse the difference between the cost of the purchased services and the performed services up to the time of the anticipated return.
The Traveller may choose to be replaced by another person, only if all following conditions are satisfied:
a) The Organiser is notified in written form latest four working days before the established date for departure, and he receives contextual communication about the reasons for replacement and all personal data of the transferee;
b) The transferee satisfies all conditions for fruition of services (according to the Article 39, Code of Tourism), especially regarding passport, visas and health certificates;
c) The same services or other substitution services can be provided also after replacement;
- d) The organizer shall not be held accountable if the new name is not accepted by third party service contractors. Should this occur, the interested parties shall, in a timely manner, inform the organizer prior to departure.
e)The transferee reimburses the Organiser for all additional expenses incurred by the replacement, due to the quantified costs communicated before transfer.
The transferee and the transferor are jointly liable for the payment of the balance as well as for the costs referred to in letter d) of this article. Any further replacement procedures and conditions are indicated in the Specifications Sheet.
- TRAVELLER’S OBLIGATIONS.
During negotiations, anyway before the conclusion of contract, Italian citizens will receive general information (updated at the printing of catalogue) regarding health obligations and the necessary documentation for entrance in other countries. Non-Italian citizens are requested to obtain all general information relating to the health obligations and the necessary documentation for entrance in Italy through their diplomatic representatives present in Italy and/or other official information channels.
In any case Travellers shall verify any updates before departure with competent authorities, adapting consequently before departure:
– Italian citizens by Ministero degli Affari Esteri (www.viaggiaresicuri.it, call center +39/06.491115)
– Non-Italian citizens by competent Authorities (i.e. www.esteri.it/visti)
In the absence of such verification, neither the Organiser nor the Intermediary may be responsible, if one or several Travellers are unable to travel.
The Travellers shall communicate the Intermediary or the Organiser about their citizenship and, at the moment of departure, they shall definitively ensure being in possession of all relevant vaccination certificates, individual passport and any other document valid for Italy and all other countries in the itinerary, as well as any entrance, residency and transit visa or health certificates that might be required. Furthermore Travellers shall require for official information (as indicated in paragraph 2 of this article) by the Ministero degli Affari Esteri or other authorities, in order to verify the health and security situation at destination countries and evaluate the possibility to benefit the services, purchased or intended to be purchased.
The Traveller shall anyway respect the rules of normal prudence and diligence as well as comply with those specific rules in the place of destination; they have also to observe all information provided by the Organiser, as well as the administrative or legislative rules relating to the Package Travel. The Travellers will be liable for all damages that the Organiser and/or the Intermediary may suffer also due to lack of respect for the above mentioned obligations, included expenses for their repatriation.
The Traveller shall always provide the Organiser or the Intermediary, at the time of reservation, about special requirements or conditions (pregnancy, food intolerance, disabilities and so on) and specify customised services.
The Traveller shall always provide the Organiser with all documents, information and elements useful to exercise the right of subrogation of the Organiser towards third parties responsible for damage and is responsible to the Organiser for any prejudice caused to the right of subrogation.
In the Reservation Request, the Traveller shall also communicate the Organiser in writing any personal request that may be part of specific agreements about travel execution, as long as practicable.
- ACCOMMODATION CLASSIFICATION.
The official classification of accommodation facilities is provided in the catalogue or in any other information material only according to the formal indications of the competent authorities of the country, where the service is implemented.
If no official classification has been recognised by the competent Public Authorities of the countries, also members of the EU, to which the service is addressed, the Organiser reserves the right to provide its own description of the accommodation facility in the catalogue or in the brochure, in order to allow an evaluation and the consequent acceptance by the Traveller.
The Organiser is liable for damages caused to the Traveller due to the non-performance, in whole or in part, of contract obligations, whether these are performed by him in person or by third parties such as service suppliers, unless he proves that the event was caused by the Traveller’s behaviour (including his initiatives autonomously taken during the execution of the travel services) or due to a third party event that was inevitable or unforeseeable, to circumstances extraneous to services under the contract, to accident, to a fortuitous case, to force majeure, or to circumstances that the Organiser could not reasonably foresee or solve, even according to professional diligence. The seller where the tour package was booked is not in any way liable for obligations ensuing from the organization of the trip, but is solely liable for obligations ensuing from his/her role as intermediary and, in any case, within the limits of liability provided for by relative laws and regulations in force, exception for the indemnity liability regulated by Art. 46 Code of Tourism
- COMPENSATION LIMITS.
Compensation and prescription terms are regulated by the Articles 44, 45 and 47, Code of Tourism and limitations by C.C.V, appropriate Conventions that regulate the services, provided in the Package Travel contract, as well as by the Articles 1783 and 1784 of the Italian Civil Code.
- ASSISTANCE OBLIGATION.
The Organiser shall provide all measures of assistance to the Traveller according to the professional diligence with exclusive reference to his obligations required by law or contract.
The Organiser and the seller are exempt from their liability pursuant to Articles 15 and 16 of the present General Conditions, if the non-performance of the contract, in whole or in part, is attributable to Traveller’s behaviour or is caused by a third party in an unforeseeable or inevitable nature, or is caused by a fortuitous event or force majeure.
- COMPLAINTS AND CLAIMS.
In case of any failure in the contract performance the Traveller shall notify this without delay during fruition of the Travel through a complaint, so that the Organiser or its local representative can remedy promptly. If the complaint is not made, the damage reimbursement will be reduced or excluded according to Article 1227 of the Italian Civil Code. The Traveller shall also send their complaint by a registered mail with return receipt, or through any other means that guarantees its receipt, to the Organiser or the Intermediary, within ten working days from the return in the departure place, otherwise the complaint will not be valid.
- INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES.
If not expressly included in the price, it is possible and recommended to stipulate, by the Reservation Request by the Organiser or the Intermediary, a suitable insurance policy against
expenses deriving from accidents, luggage issues or cancellation of the Package Travel. It is also possible to stipulate a contract for assistance that covers all repatriation expenses in the event of accident, illness, fortuitous case or force majeure.
The Traveller shall exercise the rights provided in such contracts exclusively towards the contracting insurance company, according to the conditions and procedures provided in such policies.
- CONTROVERSIES AND ALTERNATIVE CLAIM RESOLUTION PROCEDURE.
The venue for all controversies arising out of or in connection with interpretation, application or execution of contractual obligation shall be the Court of Genova, Italy. The Italian law applies.
Pursuant to the Article 67, Code of Tourism, C-WAY may propose to the Traveller alternative resolution procedures for claims. In this case C-WAY shall indicate a resolution procedure and its effects.
- GUARANTEE FUND.
The Guarantee Fund, established to protect Travellers with a travel contract, provides the reimbursement of the paid amount or epatriation in the event of travel outside Italy, in case of declared insolvency or bankruptcy of the Intermediary or Organiser, in the measure set forth in the Article 50, paragraph 2, Code of Tourism. To comply with this insurance obligation C-WAY SRL has stipulated a suitable insurance policy with CBL Insurance Europe Limited – Dublin.
GENERAL CONDITIONS OF INTERMEDIATION CONTRACT FOR SINGLE TRAVEL SERVICE
- LEGISLATIVE PROVISIONS
As contracts which provide only transportation and lodging services, that is, any other separate tourist service, may not be configured as negotiable travel organization subject matter, namely a tour package, they are governed by the following provisions of the International Convention on Travel Contracts: Article 1, n. 3 and n. 6; Articles from 17 to 23; Articles from 24 to 31, with regards to provisions differing from those relating to the organization’s contract, as well as other agreements which specifically refer to the sale of individual tour services
- B) TERMS OF CONTRACT
Moreover, the following clauses of the aforementioned general terms of sale of tour packages apply to such contracts: Article 6, first paragraph; Article 7 second paragraph ; Article 13; Article 19. The enforcement of these clauses shall not in any way mean that these contracts may be considered a tour package. The terms of the aforementioned clauses relating to the tour package contract (organizer, trip etc.) are understood to refer to the corresponding roles of the contract of sale of individual tour services (seller, lodging etc.).
TECHNICAL DATA SHEET – ADDITIONAL CONDITIONS C-WAY SRL
TRAVELLER CANCELLATION (ART. 10)
A client who withdraws from the contract prior to departure, services with limited availability (ie. Sleeping with Sharks/Notte con gli Squali) or other services/travel packages for reasons other than the aforementioned in the first paragraph Art. 10 of the General Conditions , will be charged the booking fee and the following cancellation fee:
10% of the total amount, for cancellation to 45 working days prior to the date of the first service
20% of the total amount from 44 to 30 working days prior to the date of the first service
30% of the total amount from 29 to 15 working days prior to the date of the first service
75% of the total amount from 14 to 4 working days (Saturday excluded) prior to the date of the first service
100% of the the total amount after the above mentioned terms
Mandatory notice pursuant to Article 17 of Law n.38/2006. Italian law punishes crimes inherent with pornography prostitution of minors with imprisonment, even if they are committed abroad.
Section 13 of Legislative Decree no. 196/2003 (personal data protection) – All the data which concerns you (yourself or your company) will be processed in total respect of privacy and confidentiality. The data will be stored and processed with the respect of the obligations of sales contract and those imposed by law, including tax matters. Data subjects are entitled at any time to obtain confirmation of the existence of personal data concerning them and be informed of their contents and origin, verify their accuracy, or else request that such data be supplemented, updated or rectified (Section 7 of Legislative Decree no. 196/2003). The parties responsible for data protection are Costa Edutainment S.p.A., registered office in Genova Area Porto Antico Ponte Spinola – 16128 GENOVA, ed C-way srl, Via Ponte degli Spinola s.n. – 16128 GENOVA.
Technical organization and production:
Via Ponte degli Spinola s.n., 16128 Genova – licensee of the Province of n. 205/40078 dated 09/06/2000.
Insurance Policy UNIPOL Assicurazioni s.p.a. n. 4093265°; maximum coverage Euro 2.065.828,00.