General sales conditions
The contracting party and the intermediary Sardegne S.r.l., owner of Engedras travel agency, that mainly operates online by providing its customers with a diverse range of travel services offered by third individual parties or legal entities, agree that the contractual relationship will be governed by the following professional regulations :
- Article 1 (Value of the introduction and
1.1 The above proposed tourist service contract and other introductions are an integral and essential part of the following agreements constituting treaty character.
The "contractor" is the individual or the legal entity purchasing the travel services published on the sardiniaexclusive.com website for himself or third parties of intermediary Sardegne S.r.l..Tourist service are construed by the booking and purchasing of stay services in hotel or villa; purchase of air tickets through the airlines links airlines on the website; the booking and purchase of rental services; the purchase and booking of concert tickets, show tickets and/or other events, the booking and purchase of day excursions.
- Article 2 (Contract aim)
The subject of this contract is explained in the "Proposed contract for the sale of tourist service" section, prior drawn up to these contract conditions, and must be intended here fully transcribed.
- Article 3. (Legal framework)
3.1 The purchase of tourist service or tourist package through the intermediary Sardegne S.r.l. determines the formation of a contract between the individual and the intermediary offering the tourist service using the sardiniaexclusive.com website for promotional purposes. The contract relationship is governed under the terms and conditions applicable to the individual provider. The provision of possibble package tours on the sardiniaexclusive.com website is not directly offered by the intermediary but by third parties. Is therefore governed by the terms of sale applied by the third party supplier of the tourist package. 3.2 The contract between Sardegne S.r.l. and the contractor is also governed by the clauses indicated in the travel documents delivered to the contractor and by the International Convention on Travel Contracts (CCV) signed in Brussels on April 23, 1970, ratified in Italy by Act No. 1084 December 27, 1977.
- Article 4. (Booking)
Tourist services sold on line are to be intended to all legal effect offered for sale in Italy and any contracts concluded in Italy; more specifically, the contract is deemed perfected in Cagliari (CA) when Sardegne S.r.l. will receive notice of acceptance of the proposed contract for the sale of tourist service from the contractor. The agreement could then be sent:
- by returning the contract with the signing of the contractor;
- by sending an e-mail to firstname.lastname@example.org, enclosing the above contract proposal and the declaration of acceptance from the contractor;
- by pressing the virtual negotiation on the sardiniaexclusive.com website (point and click button). The contract remains subject to the availability of tourist services and is subject to the suspension of payment condition by the contractor referred to in article 5.
- Article 5 (Price and payment)
5.1. The price of each accommodation service, as well as the existence of any other charges billed to the contractor (for example, balances to be paid on the spot for the requested services), can be viewed on the sardiniaexclusive.com website, and indicated in the above proposed contract of tourist service sale. The price can be changed up to 20 days before departure only due to changes in: transportation costs (including the cost of fuel), duties and taxes on certain types of tourist services such as taxes, landing fees, embarkation or disembarkation taxes in ports and airports, exchange rates applied to the package at issue, lodging taxes. We will refer to the exchange rate and the above costs into force on the publication date of the program or on the date indicated in any update mentioned above. 5.2.The contractor, unless otherwise specified and explicit agreements, will have to pay a deposit equal to 30% of the total amount of the requested tourist services and subject matter of this contract. Such amount shall be paid at the same time at the act of acceptance of summary of the proposal of the services required. The balance must be paid within the period considered essential, in the interest of Sardegne s.r.l., of 30 days before the scheduled date of arrival. For reservations at a later date on those dates, the full amount must be paid upon completion of booking. Failure to make payments as defined in the aforementioned dates is the termination clause of the contract, that determines the resolution of the same to the fault of the contractor. It is agreed that in this case Sardegne S.r.l., in the interest of the supplier of the tourist service as well, is authorised by the contracting party to retain the amount paid as downpayment as compensation for expenses and damages, is understood to have the right to request a compensation of any other damage.
- Article 6 (Withdrawal)
6.1 Without penalty. The contracting party has the right to withdraw from the contract without penalty under the following cases:
- increase of the price, mentioned in article 5, more than 10%;
- significant modification of one or more elements of the contract considered as fundamental for the fruition of the tourist service proposed by the intermediary Sardegne s.r.l. after the acceptance of the contract but in case before departure date, not accepted by the contracting party.
In the cases mentioned herein above, the contracting party has the right to:
-benefit from a similar alternative tourist service, without surcharge on the price and with the restitution of the surplus on the price, in case in which the second tourist service has a lower price than the first one;
-the restitution of the amount already paid. Such restitution shall be made within 7 working days from the moment of reception of the reimbursment request;
- the restitution of the amount already paid. Such restitution shall be made within 7 working days from the moment of reception of the reimbursment request.
The contracting party must comunicate his or her decision (of accepting the modification or withdrawing) within 2 working days from the moment in which he or she has received the notice of increase or modification. In case the comunication by the contracting party is not received within the mentioned terms the proposal by Sardegne s.r.l. shall be considered as accepted.
6.2 With penalty. The contracting party has the right to withdraw from the contract before the fruition of the tourist service purchased through Sardegne s.r.l. with the payment of a penalty, together with the duties and obbligations for the cancellation of the services.
These penalties shall also be applied in case the contracting party, or any other of the persons mentioned in the contract, cannot enjoy the tourist service because of missing or irregular travel documents.
No reimbursement to the contracting party, or to any of the other persons mentioned in the contract, is due if the travel or the stay is interrupted once already started. Possible reimbursement of the amount paid by the contracting party shall be disposed based on rules and the law applied to each service supplier, and the timing of the reimbursement shall depend exclusively on every single supplier.
The day of withdrawal and the day of the beginning of the holidays are not included in the calculation of penalties. Withdrawal must be communicated on a working day (from Monday, 09:00 am, to Friday, 07:00pm).
6.3 The tickets or the car rental purchased with the Superpromo Sardiniaexclusive.com special rate will be cancelled and not refunded in case the stay with them combined is cancelled by the customer Sardiniaexclusive.com Travel Discount will be revoked in case the stay with them combined is cancelled by the customer who will have to pay the full amount to Sardegne Srl, otherwise the tickets or the car rental will be cancelled.
- Article 7 (Modification or Cancellation).
In the case in which, before the departing date, the intermediary Sardegne s.r.l. informs, by written, the impossibility of fruiting the tourist service, the contracting party and/or the other persons mentioned in this contract, will have the right to enjoy other similar tourist service with an equivalent or superior quality without any surchage on the price, or an inferior quality tourist service after the restitution of the difference on the price, or the difference will be reimbursed within seven working days from the moment of cancellation and after request to the contracting party, the amount already paid, as long as the cancellation does not depend on the contracting party.
- Article 8 (Substitutions).
The contracting party or any other of the persons mentioned in this contract, as long as agreed by the single supplier of the tourist service, has the possibility of having himself/herself substituted by another person under the following conditions:
- a) the organizing party if informed, in written, within 4 working days from the departure date, receiving notice about the physical person who will enjoy of the tourist service on behalf of the renouncing party;
- b) there are no issues that depend of identity documents, passport, visa, sanitary certificates or any other document that makes impossible the fruition of the package by a different person from the renouncing party;
- c) the person is responsible for all charges that may arised from the substitution that are Euro 50,00. The renouncing party is responsible with the transferee for the payment of the price as well as the amounts referred to in letter c) of the present article.
- Article 9. (Obligations)
The contractor and other persons benefitting of the tourist service are obliged to hold a valid individual identification document or passport for the destination country, as well as a sanitary certificate if necessary. They must also adhere to normal prudence and diligence rules and to those specifications in force at the place where the tourist service will take place.
- Article 10 (information contained on the
The Sardegne S.r.l. intermediary undertakes to make every reasonable effort to ensure that the information on the sardiniaexclusive.com website relating to the services provided are accurate and updated.
In any case, since the information is based on data supplied by a third party supplier of the single tourist service, the Sardegne s.r.l. intermediary shall not be considered responsible for any inaccuracy.
- Article 11 (Interpretative clause)
The contracting party and Sardegne s.r.l. declare that the agreements on this contract have as subject matter the sales of tourist services and not tourist packages done by Sardegne s.r.l. as intermediary. The contractor declares and acknowledges to have independently identified on the sardiniaexclusive.com website the tourist services object of his/her interest and had consequently requested to the Sardegne S.r.l.intermediary the purchase of a single tourist service the contractor was looking for to autonomously organize a holiday. The contracting party also accepts that on the sardiniaexclusive.com website it is possible to select among many tourist services such as accommodation structure and transport and that, as a consequence, such a wide possibility of selecion takes him or herself to declare that there was not a fixed combination of tourist service as transport, accommodation and / or tourist service that may refer to a tourist package.
- Article 12 (Responsibility and compensation
Sardegne S.r.l. in connection with the purchase of travel services under this contract acts as an intermediary under the International Convention on Travel Contracts, signed in Brussels on April 23, ratified in Italy by Act No. 1084 December 27, 1977.
According to the third paragraph of Article 22 of the Convention the intermediary is not liable for partial or total non-fulfilment of stays or other travel services covered by the contract.
With reference to the obligations assumed under this contract, the intermediary is only liable for the obligations created by its status as an intermediary within the limits set by current regulations and in any case, only in the case in which the contracting party provides a valid proof of a negligent behaviour on the selection of the tourist service.
The compensation for damages underwent by the contracting party and / or the other persons indicated in the present contract in relation to the non fulfilment by the intermediary in case of purchase of the travel service is ruled by the provision and limits included in the above mentioned International convention on travel contract.
- Article 13 (Claims and Reports)
The contracting party must answer without delay any absence in the execution of the contract, so as the intermediary, on behalf of the third supplier, or the supplier itself may solve the issue. The claim must be comunicated with a registered mail, with acknowledgement of receipt, to the intermediary, within 10 working days from the finishing date to the following address: Sardegne S.r.l. Via San Benedetto n. 88 – 09218 CAGLIARI (CA) - ITALY. In case the contracting party requests tutelary in case of nonfulfilment on the side of the supplier of services and obbligations, Sardenge s.r.l. will supply support to the contracting party in order to single out the supplier of the service.
- Article 14 (Place of jurisdiction/arbitration
Any dispute that may arise from the present contract shall take place exclusively in Cagliari. It is a procedability condition in any judicial action by the contracting party against Sardegne s.r.l. the allegation with introductory act a copy of the present contract undersigned by the contracting party.
By the law, and in particular the art. 1341 and 1342 of the civil
code, the contracting party approves, after reading and
understanding, on his or her own, and also on behalf of the other
persons who will enjoy the tourist service, the following contract
clauses: art. 5 (Price and payment), points 5.1 and 5.2, art. 6
(cancellation), points 6.1 without penalty and 6.2 with penalty,
art.7 (modification or cancellation, Article 12 (Responsability and
compensation limit), art. 14 (place of jurisdiction).
Compulsory comunication according to art. 16 law. 269/98. Italian law penalizes with imprisonment crimes related with prostitution and minor pornography, even if those are perfomed abroad.
This English translation is provided to customers for information purposes only. Only the Italian version is legally binding and authoritative.