Art.1 TRAVEL / SERVICE CONTRACT – LIABILITY
Travel contracts and/or brokering services relating to this site are regulated by the regional law 86/2016, DLGS 23.05.2011 number 79 and further laws about tourism and services. The responsibility of TIPTOP srls is related only to the services booked. It cannot exceed the limits set by the mentioned laws.
Reservations are subject to availability. Every booking is completed only after TIPTOP srls will have sent the customer a confirmation (via electronic system to the address indicated in the reservation). All the information relating to the tourist package not contained in the contractual documents, in the brochures or in other written communication, will be provided by TIPTOP srls in regular fulfillment of the obligations and before the date of travel/service
Reservations are valid only when the trip’s confirmation is followed by the payment of the deposit equal to 25% of the total cost. Method of payment has to be discussed with TIPTOP srls. The balance must be received no later than 30 days prior to the date of departure and/or service. Bookings made less than 30 days prior to departure have to be paid in full once confirmed. Failure to pay within the established dates is a written resolving clause, which gives TIPTOP srls the right to cancel the contract.
Price of the tourist package or service is determined in the contract, with reference to what is indicated on the web page tiptoptour.it or in any programme not included in the catalogue. The price may vary until 20 days before the departure and only in consequence of the variation of :
–transportation costs, including fuel prices
–rights and taxes on some category of touristic services, such as landing fees, embarkation or disembarkation fees at ports and airports;
–exchange rates applied to the travel package in question
For these variations we will refer to the changes in exchange rates and to the costs mentioned above in operation at the moment of program’s issue as reported in the catalogue technical sheet, or at the date shown in the eventual updating mentioned above.
Fluctuations will weigh upon the travel package flat rate price in the percentage clearly indicated in the catalogue technical sheet or in the program out of the catalogue.
In case of cancellations of the services booked, TIPTOP srls will apply the penalties that are individually indicated in the experiences and services.
For all services or trips booked, no refund will be granted for no-show or withdrawal during a service/experience/journey itself.
Likewise, no reimbursement will be given if you cannot travel because you havenot complied with any passport, visa or personal documents.
These penalties are necessarily applied by TIPTOP srls as a cancellation, even partial, results in significant economic losses.
Art. 6 CUSTOMER’S WITHDRAWAL
The customer may withdraw from the contract, without paying a penalty, in the following cases :
– price increase of more than 10%;
– significant modification of one or more contract elements after the conclusion of the contract, on condition that the customer informs TIPTOP srls via e-mail within 2 working days from receipt of the proposed modification.
In cases listed above, the customer has alternatively right to:
– make use of an alternative travel package, without surcharges or with the refund of the excess sum in case the cost of the second package is inferior to the first one ;
– the refund of the fees paid so far, that must be executed within seven workdays from the receipt of the refund request.
The cutomer will have to communicate his own decision (accepting or rejecting the above-mentioned modifications) within two workdays from the receipt of increase or modification notice.
In case there is no communication within that deadline, the suggestion by TIPTOP srlsis intended to be accepted.
Art. 7 SUBSTITUTIONS
Client’s renouncing may be substituted by another person provided that :
– the Organiser receives a written notice including cessionary’s personal details at least 10 workdays before the holiday start date;
– the substitute satisfies all the conditions necessary to the service fruition and in particular requirements concerning passports, visas, health certificates;
– the substitute reimburses the Organiser for all the costs necessary to that procedure, as quantified before the cession.
The releaser and the substitute are both responsible for the full balance payment.
In relation to some types of services, it may occur that a third service provider (flight company, hotel, etc.) does not accept a name change even if communicated by the time referred as written above. In such cases, TIPTOP srls will not be responsible for any non accepted modification by third party service providers. This non-acceptance will be promptly communicated by TIPTOP srls to the client before departure.
Art. 8 INTERRUPTION OF STAY/SERVICE/EXPERIENCE
No refund will be granted on interruption of a stay/a service or an experience booked, unless the Customer is able to present a clear and specific statement, issued by the service provider of consent to reimbursement for non-compliance of services. The service provider declaration is mandatory to receive TIPTOP srls reimburse with the exception of any agency fees.
Art. 9 CHANGES
TIPTOP srls is entitled to substitute any services, hotels and/or location of stay with others of similar characteristics, for operational reasons or other needs arising. In case of the aforementioned variations TipTop srls will promptly inform the customer who can accept the variation within 48 hours after the proposal. In case of non-acceptance of the proposed variation, TipTop srls will reimburse the total amount received.
Art. 10 CHANGES AFTER THE DEPARTURE
In the event that the TIPTOP srls is unable to provide a service included in the contract after the departure or during a trip, alternative solutions of equal value will be provided with no extra charge for customer. In the event that no alternative solution is possible or in case the customer can not accept the solution offered, TIPTOP srls will provide a new service equivalent to the original one. Changes by the customer for reservations already confirmed may not be satisfied by TIPTOP srls. In any case, any change request will result for the customer in the charge of the greater expenses incurred.
Art. 11 RESPONSABILITIES
The organiser is liable for damages caused to the customer in case of total or partial non-fulfilment of the services settled by the contract (see Art. 1 for law details). The responsibility of TIPTOP srls cannot exceed the limits set by the laws
TIPTOP srls, as a seller who dealt with the client’s reservation, is not liable under any circumstances for the duties originated by the organisation of the tour; he is indeed responsible only for the duties originated by his function of intermediary and, in any case, within the bounds of the norms concerning such responsibility.
Art. 12 DUTY OF ASSISTANCE
TIPTOP srls has the duty to assist the customer, as established by the professional diligence criteria, with exclusive reference to his own duties, according to the law or contract. TIPTOP srls is exempted from its individual responsibilities (articles 12 and 13 of these General Terms and Conditions) in the event that failure to fulfil or inaccurate fulfilment of the Contract are attributable to the customer, to an unforeseeable and unavoidable third party, due to circumstances beyond the Organiser’s control and fortuitous cases or due to the service provider.
Art. 13 PARTICIPANT’S DUTIES
Participants have to travel with their individual passport or other document valid for all the countries touched by the itinerary, an entry permit and health certificates if requested. They must observe rules of prudence, diligence and all those norms and laws taking effect in the countries where the tour takes place. All participants must besides obey to all the information provided by the Organiser, such as rules, administrative and legislative dispositions concerning the travel package. Participants will be held responsible for all the damages the Organiser may suffer owing to their non-fulfilment of the obligations examined above.
The customer shall provide the Organiser with all the documents, information and all the elements he owns, which are useful to exercise the right of substitution towards a third party liable of the damage and he is responsible to the Organiser for the damage made to the right of substitution.
Art. 14 BAGGAGE
Each customer is responsible for his own baggage. Under any circumstances TIPTOP srls can not be responsible for any loss or damage of it.
Art. 15 INSURANCE
To guarantee the exact fulfillment of the obligations assumed towards its customers, TIPTOP srls has stipulated a specific insurance policy with the company “Assicurazioni Generali” (insurance number 370307589) registered to the undersigned company TipTop srls.
Art. 16 PRICES
All the prices are inclusive of service fees and I.V.A.
Prices are correct at time of print and subject to change without prior notice