Terms & Conditions
These Terms and Conditions apply to the sale of tour packages in Italy organized by Localwonders Travel SAS, office in Torino (TO), via Val della Torre 49/15/A, Tax Code and VAT No. IT11608480015 registered at the Turin Chamber of Commerce (for a definition of tour package, please refer to Article 2 TERMS AND CONDITIONS below).
Only for holidays purchased online from the website www.localwonderstravel.com (hereinafter, for brevity, only referred to as the “Website”), LocalWonders Travel SAS assumes, at the same time, the role of Travel Organiser and Agent (for definitions, please refer to Article 2 below of these TERMS and CONDITIONS).
The following definitions are taken from Article 33 of the Tourism Code (original version in Italian):
Organiser: the party undertaking, on their own behalf and for a lump-sum fee, to provide tour packages to third parties, implementing the combination of elements referred to in Article 34 of the Tourism Code, for a fee, to provide tour packages to third parties, implementing the combination of elements referred to in Article 34 of the Tourism Code, or offering tourists, including through a remote communication system, the possibility of independently creating and purchasing that combination;
Agent: The party who, even non-professionally and not for profit, sells, or undertakes to provide tour packages to third parties pursuant to Article 34 for a lump-sum fee or disaggregated individual tourist services;
Tourist: the buyer, the assignee of a tour package or even any person to be appointed, provided that all terms and conditions required for the use of the service are met, on behalf of whom the main contractor undertakes to purchase a tour package without remuneration. Hereinafter, in this agreement, the term “Tourist” shall be equivalent to the term Traveller.
Pursuant to Article 34 of the Tourism Code, the following definitions shall apply:
Tour package: The package concerning tours, holidays, all-inclusive tours, cruise holidays, resulting from the combination, created by anyone and however created, of at least two of the elements specified below, sold or offered for sale at an all-inclusive price:
- a) transport;
- b) accommodation;
- c) non-ancillary tourist services to transport or accommodation under Article 36 of the Tourism Code, which constitute, to meet the recreational needs of tourists, a significant part of the tour package.
Hereinafter, in this agreement, the term “Tour Package” shall be equivalent to the term “Tour”.
General Information and Applicable Regulations
3.1 These Terms and Conditions constitute the legal reference framework governing the sale of tour packages. Any divergent or additional provision established upon the conclusion of the agreement, shall only be applied if agreed between the parties and drawn up in writing.
3.2. The applicable Terms and Conditions are those in effect as at the date of conclusion of the agreement.
3.3 The Terms and Conditions may be modified at any time by Localwonders Travel Sas; any changes and/or new conditions shall be in effect and shall be deemed acknowledged and/or cognisable by the User from the time of their publication on the Website.
3.4 The Italian Law also applies to the relationship between Localwonders Travel Sas and the Traveller, in accordance with EC Regulation No. 593, of 17 June 2008, Articles 3,4,5,6, which the Traveller expressly declares to accept as the only applicable law, pursuant to Article 3 of the aforementioned EC Regulation.
3.5 Specifically, the regulations provided for by Legislative Decree No. 79 of 23/05/2011 (Tourism Code) also apply to the relations between LocalWonders Travel Sas and the Traveller and, as applicable by Legislative Decree No. 206 of 06/09/2005 (Consumer Code).
3.6 The sale, via the Website, of Tours is aimed solely at parties that:
(a) have accepted these Terms and Conditions;
(b) have acknowledged, and accepted, the information regarding the processing of personal data;
(c) are at least 18 years of age (minors can travel if accompanied by an adult).
4.1 Any Traveller under 18 years of age at the time of taking the Tour is considered a minor. Minors must always be accompanied by an adult. Each adult may accompany up to a maximum of two minors. In any case, the minimum age for each minor Traveller is 6 years, unless otherwise expressly agreed with the Organiser, after verification of the existence of the requirements for participation in the Tour.
4.2 The accompanying adult is solely responsible for controlling and supervising the minor at all times during the Tour, as well for all consequences resulting from his/her behaviour, including for damage that may be caused by the latter to him/herself or to third parties.
4.3 All bookings involving a minor shall be subject to specific approval by the Organiser, which could also take over 48 working hours.
Psychological and physical eligibility requirements of the Traveller in relation to each part of the Tour
4.4 Prior to submitting the Booking Form, the Traveller must ensure that he/she carefully reads the description of the Tour that appears on the Website or that has been forwarded by the Organizer as tailor-made trip quote and assesses his/her own suitability to perform all activities specified therein and, in case of doubt, contacts the Organiser, in order to obtain more specific information regarding the scheduled activities.
4.5 The Traveller is required to inform the Organiser of any pyschological or physical problem, whether he/she is likely to be unsuitable for the Tour or part thereof, or likely to create discomfort to other Travellers. If the problem appears after the Booking, the Traveller must promptly inform the Organiser. In relation to its features, the Tour Package may not be fully usable by Travellers with reduced mobility. Pregnancy is considered a condition to be reported to the Organiser at the time of booking or to be reported promptly to the Organiser, if it occurs after the booking. The organiser reserves the right to exclude any pregnant Passenger from the Tour in the event that she is not deemed suitable with respect to the service provided.
4.6 In all these cases, the Organiser will check the possibility of finding an appropriate solution that will be subject to a separate agreement with the Traveller, also with respect to the price, which is subject to change. Reimbursement of the cost of the Tour is, in any case, exclude, as provided for by Article 4.10.
4.7 Although Localwonders Travel Sas undertakes to assist the Traveller with the greatest possible attention, it cannot guarantee medical assistance to Travellers in all circumstances, or the transfer of Travellers from and to the nearest Hospital.
4.8 The Organiser reserves the right to exclude the Traveller from using the Tour Package or individual parts thereof, even during the Tour, in the event that he/she is not deemed suitable to perform the scheduled activities, in relation to the existing risks, or to the discomfort that may be caused to the remaining participants on the Tour.
4.9 The Traveller is solely responsible for his/her own psychological and physical conditions. In no event shall Localwonders Travel Sas be considered liable to pay compensation for damages, including to a person, causally related to the unsuitable physchological and physical conditions of the Traveller.
4.10 No refund will be provided in the event of failure to use the Tour Package or part of the activities included therein, due, in all cases, to the Traveller’s lack of psychological and/or physical fitness, even if the Organiser excludes the Traveller from participating in the Tour or in individual activities.
4.11 The possibility for the Organiser, in the event of incorrect and untimely information provided by the Traveller on his/her pscychological and physical conditions, shall be without prejudice to charging the Traveller for any costs resulting therefrom.
Special requirements of the Traveller
4.12 The Organiser must be promptly informed, at the time of booking, of any special requirement of the Traveller, including the existence of any allergies, intolerances and dietary restrictions, the need for treatment or medical assistance.
4.13 The provision of the Traveller’s specific needs does not in any case form part of this agreement, with the result that the Organiser cannot, in any case, be considered responsible in the event that the service provided does not correspond to the special requirements indicated. The Organiser cannot be held liable for any damages to the Traveller related to these requirements, as specified by Articles 21 and 22.
4.14 The Organiser reserves the right to inform the Traveller of his/her exclusion from the Tour at the time of booking, as specified by the articles of Section 4 above.
Formation of the Group of Travellers in case of Group Trips or Group Activities. Shared accommodation for Single Travellers or those travelling together – Single Room Surcharge
5.1 If required by the type of Tour, as specified in the description of the offer on the Website or in the description that has been forwarded by the Organizer as tailor-made trip quote, Travellers are merged into one Group, led by a tour director appointed by the Organiser. The composition of the Group does not vary during the Tour unless in the case of specific exclusions or withdrawals governed by Articles 4.8, 15.5 and 19.5. In case of “private tour”, this will be specified in on the Website or in the description that has been forwarded by the Organizer as tailor-made trip quote.
5.2 The management of the Group of Travellers is the exclusive prerogative of the Organiser, who manages the pairings of members of the Group for activities and where necessary for accommodation and transport.
5.3 At the time of the booking, the Traveller may request to be paired with other Travellers in the accommodation and transport facilities. The Organiser shall take this request into account in accordance with the organisational needs of the Tour. It is therefore critical that Travellers who intend to travel together make the booking at the same time, specifying this fact.
5.4 Travellers who make the booking together are informed and agree that the accommodation facilities may not have the availability to accommodate them in the same room or building and that there may be a need to form different pairings with other travellers, for individual stages or for the entire Tour. The Group could be divided into different accommodation facilities of the same category, separated by a short walking distance.
5.5 Travellers travelling alone are informed and agree to share the accommodation with other Travellers on the same Tour. Normally, two Travellers of the same sex are paired in the same room/accommodation and only in exceptional cases are a maximum of 4 (four) Travellers of the same sex combined in the same room/accommodation. This is without prejudice to the possibility of asking the Organiser, at the time of the Booking, for one’s own preference for single accommodation; in this case, the Traveller will be provided, if available, with a different estimate specifying the surcharge for the single room.
The travel agreement
6.1 The travel agreement comprises these Terms and Conditions, the Technical Information Sheet under Article 8 of these Terms and Conditions and the Booking receipt, which will be issued to the Traveller on completion of the Tour Package purchase procedure.
6.2 In agreeing to the proposed purchase and sale of the tour package, the Traveller must keep in mind that he/she thereby confirms having read and agreed, both for themselves and for any subjects requiring the service, the travel contract contained therein, the content of the technical information sheet and these Terms and Conditions of sale.
6.3 Each participant is, therefore, required to keep a copy of the aforementioned documents.
- Purchase of the tour package
7.1 The travel booking is exclusively made via the website www.localwonderstravel.com, or through the authorised agents.
7.2 Before submitting the Booking Form or any Booking Request, the Traveller is required to carefully read the description of the Tour on the Website or that has been forwarded by the Organizer as tailor-made trip quote, in addition to these Terms and Conditions and to fill in the booking form any booking request with his/her own personal details, completing it with all the requested information.
7.3 The submission of the booking form or any booking request, constitutes an irrevocable offer, valid for the next 48 working hours, within which the booking will be confirmed by the Organiser. If the offer is submitted on a Saturday or bank holiday, the 48 hours will run from 09.00 (Central European Time) on the first working day after the booking.
7.4 Localwonders Travel Sas reserves the right to confirm the Booking within 48 working hours after the submission of the booking form or booking request, except for the case of special requirements specified by the Traveller or the participation of minors, which could require a longer time, by sending a confirmation email to the Traveller, or by communication sent to the travel agency that will handle the delivery of the related Booking Receipt. Only at this point will the agreement be considered concluded for all legal purposes, resulting in the Traveller’s obligation to pay the price specified on the Website for the Tour Package or the price specified in the tailor-made trip quote that the Organizer sent to the Traveller.
7.5 In any case, Localwonders Travel Sas reserves the right, in the event that the Traveller has completed the booking form or booking request with false or incomplete information, including as regards the presence, concerning other participants, of the eligible psychological and physical requirements for participating in the entire Tour schedule, to communicate, at any time, the termination of the agreement, charging the Traveller the costs so far incurred for organising the Tour.
7.6 The Traveller, or other party, making the booking on behalf of a third party is considered solely liable to Localwonders Travel Sas, for all obligations resulting therefrom, including the payment of the cost of the Tour Package.
Technical Information Sheet
8.1 On conclusion of the agreement, the Traveller will receive the Technical Information Sheet, which forms an integral part of this agreement for all purposes, containing the following:
- the contact details of Localwonders Travel Sas, the details of the administrative authorisation and of the insurance policy;
- the cost of the tour package and what it includes, the cost and terms and conditions for obtaining a full or partial refund, the deadlines for the balance and any costs borne by the Traveller;
- the destination, duration, start and end date of the Tour;
- itinerary, visits, excursions or other services included in the package;
- transport vehicle categories;
- tourist class, level, suitability for reception of disabled persons at the preselected accommodation facilities;
- any meals included;
- the possible need for the Traveller to present certain age requirement information, or physical fitness to participate in the Tour.
- any agreements on the travel arrangements, specifically agreed at the time of booking;
- the procedures for transferring the agreement;
- the procedures for exercising the right of withdrawal, where applicable.
- the deadline by which the Traveller must notify his/her decision, in relation to the communication by the Organisation, of the need to significantly change one or more elements of the agreement, in relation to the provisions governed by Article 13 of the Terms and Conditions.
– Traveller is required to pay a 20% non-refundable deposit of the total amount to reserve his/her spot(s). For special tours, with exclusive hotels and exclusive activities, the non-refundable deposit required is 30% of the total amount.
– If the booking is made less than 45 days before the departure date, then the full amount is due at the time of booking. Please note that different deposit amounts might be required for specific tours.
10.1 A contract will exist between the Organiser and the Traveller from the date the Traveller pays the non-refundable deposit.
10.2 Payment of the non-refundable balance of the trip price is due within 45 days before the departure date. If this balance is not paid within the due date, the Organiser reserves the right to cancel the reservation.
10.3 At the time of booking the Traveller shall also specify the details relating to the payment method he/she intends to use, in accordance with the procedures required by the Organiser, indicated on the Website or specified in the tailor-made trip quote that the Organizer sent to the Traveller; these shall constitute a price payment guarantee.
10.4 Following the conclusion of the agreement, by accepting the Traveller’s offer on behalf of the Organiser, Localwonders Travel Sas shall be authorised to carry out the payment of the price which will be made via the details entered by the Traveller at the time of booking.
10.5 The booking shall be deemed cancelled in the event that Localwonders Travel Sas does not receive the payment of the price within 5 working days of the booking confirmation, with the right, in that case, to charge the Traveller the costs for handling the unsuccessful procedure.
10.6 In case of special sales and discounts the reduction refers to the full price of the tour and cannot be combined with anyother promotion.
10.7 If the tour is sold at a special rate, the discount doesn’t apply to additional services like single supplement, additional accommodation and aiport pick-up.
11.1 Travellers are guaranteed the right of withdrawal under the following terms:
- Right of Withdrawal exercised 45 days or more before departure, the deposit paid shall be retained.
- No Right of Withdrawal can be agreed from the 45th day, inclusive, before the date of departure of the Tour. In this case, the entire cost of the Tour shall be retained by the Organiser.
We strongly recommend stipulating a medical and cancellation insurance that can cover your cost in case you need to cancel the tour reserved.
Please note that different cancellation policy might be applied for specific tours. In this case, the cancellation policy will be communicated together with the quote and before you purchase the tour.
11.2 Exercise of the Right of Withdrawal
The Right of Withdrawal must be exercised by the Traveller under the terms specified in paragraph 11.1 in written form by email sent to the address firstname.lastname@example.org. It is the sole responsibility of the customer to keep a copy of this email. This communication must contain the intention to withdraw in the email subject field, the information specifying the offer from which the Traveller is withdrawing (Tour code, name of the Traveller withdrawing from the Tour) and the bank coordinates, IBAN and SWIFT codes, necessary for the Organiser to make any potential refund of the cost of the Tour by bank transfer in accordance with the terms specified by paragraph 11.1.
Inclusions and exclusions in the price
12.1 The price to be paid for purchasing the Tour Package is that specified on the website at the time of booking or specified in the tailor-made trip quote that the Organizer sent to the Traveller;
12.2 The price includes everything specified in the description on the Website or specified in the tailor-made trip quote that the Organizer sent to the Traveller and in the Travel Technical Information Sheet, while everything that is not expressly stated is excluded.
Always excluded from the cost of the Tour are:
– transfers to and from the airport and/or to and from the destination station, unless specified in the tailor-made trip quote that the Organizer sent to the Traveller or these are purchased separately and are expressly mentioned in the Information Sheet;
– visas and fees for entry and stay in Italy;
– meals, unless expressly specified as included;
– personal insurance (medical and cancellation insurance);
– optional activities and personal expenses.
– tips (which are, however, to be deemed optional, at the Traveller’s discretion and non-compulsory)
12.3 The cost of the Tour is that specified on the Website at the time of purchase or specified in the tailor-made trip quote that the Organizer sent to the Traveller. The price could be subject to change due to promotions, availability and seasonal prices. Therefore, Travellers on the same Tour may have paid different amounts, without this constituting ground for a legitimate complaint against the Organiser.
Cancellation of the Tour Package by LocalWonders Travel
13.1 Before departure, Localwonders Travel Sas is entitled to cancel the Tour due to force majeure or unforeseeable circumstance. In this regard, it is specified that strikes, wars, civil and military disorders, riots, looting, acts of terrorism, natural disasters, adverse weather conditions, technical or similar problems and epidemics constitute a case of force majeure which allow for the cancellation or modification of the Tour Package.
13.2 In the case referred to in the preceding paragraph, the Traveller is entitled to a full refund of the sum paid for purchasing the Tour Package. In these cases, however, the Traveller’s right to request from Localwonders Travel Sas some form of compensation and/or indemnity for any damages suffered due to the cancellation of the Tour, as well as for any costs incurred by/for the tour departure site, is expressly excluded.
13.3 Localwonders Travel Sas shall not provide any refund and/or compensation and/or indemnity in the event that the Tour is cancelled for reasons attributable to the Traveller.
Change of the Tour Package before departure
14.1 In all cases in which, prior to departure, Localwonders Travel Sas needs to significantly change one or more elements of the agreement, it will immediately inform the Traveller of this in writing, specifying the type of change and the resulting price change.
14.2 A change that affects at least 1 out of 3 days of the itinerary or that significantly physically affects the nature of the Tour Package in its entirety, or that affects the price, increasing it by over 10%, shall constitute a significant change.
14.3 In this case, where the Traveller does not accept the proposed change under paragraph 1, may withdraw without a fine and will be reimbursed, in accordance with the law, the sum of money already paid towards the cost of the Tour Package.
14.4 The Traveller shall communicate his/her choice to the Organiser or Agent within two working days from the time of receipt of the notice specified by paragraph 1, in writing by email, certified post, or registered letter with return receipt. In the event of failure to communicate this by the aforementioned deadline, the proposed change to the Package made by the Organiser shall be deemed accepted.
14.5. In the event of non-acceptance by the Traveller, this shall be subject to the possibility for the Organiser to propose alternative solutions.
14.6 Since by the time the Traveller confirm the booking the quoted hotels might run out of availability, the Organizer will select a different hotel of the same category or superior and this will not constitute a significant change of the agreement.
Modification after departure
15.1 If the Organiser, after departure, is unable to provide an essential part of the services covered by the agreement, the Traveller shall be guarantees an adequate alternative solution for continuing on the scheduled Tour, not involving fees of any type to be borne by the Traveller. Essential changes will be those that, as covered by Article 14.2 of these Terms and Conditions, affect at least 1 out of 3 days of the itinerary or that significantly change the nature of the Tour Package in its entirety. Not included in these circumstances are the cases described in Article 16 below of these Terms and Conditions which, however, comply with the normal freedom of management and flexibility held by the Organiser.
15.2 If no alternative solution is possible, or if the solution provided by the Organiser is rejected by the Traveller for proven and justified reasons, Localwonders Travel Sas shall provide, at no extra cost, a means of transport equivalent to the originally planned for his/her return to the Tour departure location or to another place that may be agreed, according to the availability of vehicles and places, and shall reimburse the difference between the cost of the services provided and the services performed until the time of the planned return.
15.3 No full/partial refund and/or discount shall be paid to the Traveller for missed or unused services when the cause of the disservice is not attributable to the Oragniser or is outside of the control thereof, such as, but not limited to, causes of force majeure, illnesses or epidemics, mechanical faults, transport agreement cancellations, strikes, political events or problems at the border between countries.
15.4 Likewise, no full or partial refund and/or discount shall be given for missed or unused services, in the event that this depends on the Traveller’s own circumstances (including but not limited toTraveller’s medical conditions).
15.5 The Traveller is free to withdraw from the Tour at any time, whether temporarily or permanently, after giving the Organiser a disclaimer from any obligation resulting from this agreement. Withdrawal from the tour shall take place at the Traveller’s sole expense, with the exclusion of any refund for unused services.
Flexibility and unused services
16.1 Outside of the cases provided for by Article 15 of these Terms and Conditions, the Traveller agrees that the nature of the Tour offered involves the possibility of changes to the offer, services and itineraries, with a reasonable flexibility of change, entrusted to the decision and competence of the Organiser.
16.2 The Traveller therefore agrees that the itinerary, timetables, accommodation, services, activities and means of transport specified may be subject to change, without this constituting a failure to provide an essential part of the service, pursuant to Article 16.1.
16.3 In these cases, no full or partial refund and/or discount shall be given to the Traveller after departure for such missed or unused services.
Guaranteed departure and “Combo Tours” in case of Group Trips
17.1 The Organiser specifies in the information sheet of each Tour whether there is a minimum number of participants. The wording “guaranteed departure” indicates that the Tour is still carried out even when the request is submitted by just one single paying Traveller, paying the full price, without any discount, where applicable. To find out how many people are enrolled on a specific Tour, the Traveller can contact LocalWonders Travel at the address email@example.com.
17.2 The Traveller cannot, in any case, ask the Organiser for a partial or full refund because there are fewer participants on the Tour than he/she expected.
17.3 Some Tours can be purchased in combination, as a continuation of one another: it can therefore happen that some travellers may have already travelled together for a few weeks when the Tour begins.
Changes to the booking
18.1 The Traveller can replace him/herself for another person provided that: a) the Organiser is informed of this in writing at least 7 working days prior to the date set for departure, at the same time receiving information about the reasons for the replacement and the transferee’s general details; b) the transferee meets all the terms and conditions for using the service, including psychological and physical and insurance conditions c) the same services or other replacement services can be provided following the replacement.
18.2 Any change involves a fixed cost amounting to €200.00, to be paid immediately after the communication of acceptance of change issued by Localwonders Travel Sas.
Obligations of the Traveller – Travel documents and compliance with applicable regulations
19.1 It is the Traveller’s sole responsibility to possess the documentation required for entry to, departure from and travel through, each visited region. This includes possession of a passport valid for at least 6 months from the start date of the Tour and the travel documents required by the Government Authorities, such as visas, permits, medical or vaccination certificates.
19.2 The Organiser bears no responsibility, including the failure to use the Tour or part thereof, in relation to the Traveller’s failure to supply the necessary documentation. The Organiser shall not be responsible for providing information regarding the completeness of Travellers’ documentation and the rules for entry and staying in the visited country.
19.3 Travellers must comply with the rules of normal prudence, morality and diligence, as well as with the legislative and administrative regulations in force in the destination countries of the Tour, in addition to all specific provisions and regulations provided by the Organiser relating to the Tour. Travellers shall be liable for all damages that the Organiser and/or Agent may suffer, including due to failure to comply with the obligations specified above, plus the necessary costs for their repatriation.
19.4 The Organiser bears no responsibility in the event that the Traveller’s behaviour does not comply with the rules of normal prudence and diligence and with those specifically in force in the destination countries of the Tour, in the event of unlawful, immoral, unreasonable and dangerous acts, driven by the Traveller’s spontaneous initiative.
19.5 All these cases lead, without prejudice, to the possibility for Localwonders Travel Sas to exclude the Traveller from using the Tour or a Service, due to his/her negligence, for safety reasons or in the event of failure to comply with these Terms and Conditions of Travel.
Obligations of the Traveller – Insurance
20.1 The Traveller is strongly recommended to have Travel Insurance with a minimum cover of €200,000 (or currency equivalent with respect to his/her country of origin), to cover medical and repatriation costs. It is advised that the insurance coverage is extended to also cover cancellation, damages caused to third parties, items and persons, as well as damages suffered in the event of any circumstance (lost luggage and belongings, theft, physical damage or delay) related to the Tour.
20.2 It the Traveller’s sole responsibility to notify the Insurer of the information on the Tour, necessary to calculate an appropriate coverage.
20.3 In the event that the Traveller does not possess, at the time of departure of the Tour, suitable insurance cover for medical and repatriation costs, in some case The Organiser reserves the right to exclude the Traveller from participating in the Tour, with the exclusion of any right to reimbursement of the cost.
20.4 The rights resulting from the Insurance Contracts must be exercised by the Traveller directly against the contracting companies, under the conditions and with the procedures provided for by those policies.
Acceptance of risk
21.1 The Traveller, at the time of Booking the Tour Package, must consider that the service offered by the Organiser could involve risks to his/her health and physical safety. By submitting the Booking request, the Traveller confirms having considered every eventuality, even potential, of adverse consequences and assumes sole responsibility thereof.
21.2 The Traveller therefore acknowledges and agrees that the Organiser is not responsible for any damage occurring to the Traveller, including personal injury, death, or damage to items, occurring during the performance of the services that part of the Tour Package.
21.3. Although it is the Organiser’s utmost responsibility to provide the Traveller will all the information regarding the Tour, the Traveller also acknowledges and agrees that the Organiser is under no obligation to provide information regarding safety of the places visited, the weather conditions, the local customs or the laws in force. Under no circumstance shall the Traveller be able blame the Organiser for the adverse consequences that may result from a lack of information which is the Traveller’s sole responsibility to obtain.
Responsibility of the Organiser
22.1 The Organiser is only liable for damages caused to the Traveller, due to the total or partial non-performance of the contractually agrees services, whether these are carried out personally or by third party service suppliers, unless they prove that the event was caused by the Traveller, including initiatives undertaken independently by the latter during the Tour, or caused by a third party, of an unforeseeable or unavoidable nature, by circumstances beyond the provision of the services under agreement, by an unforeseeable event, by force majeure, or by circumstances that the Organiser could not, according to professional diligence, reasonable forsee or resolve.
22.2 If the Organiser compensates the Traveller for the third-party act, the Organiser shall be subrogated to the latter in their rights against the person responsible for the damage.
Responsibility of the Organiser in the event of personal injury
23.1 Personal injury caused by non-compliance or incorrect performance of the services covered by the Tour Package can be compensated in accordance with the rules established by the International Conventions, of which Italy or the European Union are part, governing the individual services that comprise the Tour Package.
23.2 The right to compensation for damages shall expire three years after the end of the Tour, covered by the Tour Package, subject to a 12-month term, as regards the non-fulfilment of transport services included in the tour package.
23.3 In all other cases in which personal injury is not directly attributable to the non-performance of the Organiser, the latter cannot be considered responsible, in accordance with the provisions of Article19.
23.4 The Organiser is also not responsible for personal injuries caused, if they are attributable to the injured Traveller.
Responsibility of the Organiser in the event of damage to property
24.1 The Organiser is not, under any circumstance, liable for damage to or loss of luggage or other personal belongings of the Traveller. For this reason, the Traveller is advised to extend his/her insurance coverage to cover damage to property.
24.2 In any case, this is subject to the International Conventions governing the individual services included in the Tour Package, in addition to the applicable regulations on the transport agreement.
Responsibility of the Organiser in the event of failure to use the Tour
25.1 The Organiser is excluded from any liability for the Traveller’s failure to use the Tour or part thereof, in the event of delay or absence of the latter at the time and at the location specified for the departure of the Tour, or for the resumption of the tour at each stage, for any cause.
25.2 In the case referred to under the preceding paragraph, the Traveller is solely responsible for all costs for rejoining the Group during the Tour.
Authority of the Tour Director for group tours
The Organiser can offer escorted tours led by a tour director (also referred to as a tour leader or tour manager). In this specific case, the tour director is the Organiser and he is entitled to any final decision, pertaining to the procedures for carrying out the Tour, including, but not limited to, the well-being and safety of Travellers. If a Traveller does not respect the Tour Director’s decisions, this is without prejudice to the right of the latter to exclude that Traveller from the Group. In this case, no refund for the unused part of the Tour, or for the expenses necessary to reach the Tour departure location shall be given by the Organiser.
Complaints and claims
27.1 Any failure in the execution of the agreement must be contested by the Traveller during the use of the Tour Package, so that the Organiser or Tour Director can provide for a timely remedy. Otherwise, compensation for the damage shall be reduced or excluded in proportion to the Traveller’s contributory negligence.
27.2 Notwithstanding the obligation mentioned above, the Traveller can make a complaint by sending a registered letter with return receipt, by email or certified post, to the Organiser or Agent within and no later than 10 working days after the end of the Tour Package Tour.
Guarantees to the Traveller
In order to cover all risks considered by this agreement, Localwonders Travel S.a.s. carries the following insurances:
- Professional Liability Insurance, policy no 1/72930/319/150370150 with the Group UnipolSai S.p.A.
- AMITRAVEL Protection Insurance, policy no 6006000347/J with the Group Filo Diretto Assicurazioni (as Tour Operator Insolvency Insurance)
Photographs and marketing
The Traveller agrees to the Organiser’s use of images and other digital content produced during the Tour, for promotional and advertising purposes, used in any means of communication.
The Traveller agrees to the perpetual and irrevocable use, free from copyright fees, of the aforementioned images for advertising and promotional purposes.
Any disputes in any way connected to the subject of this agreement shall be referred exclusively to the Court of Turin, Italy.