Data protection: Fundamental for our company policy is that the protection of your privacy is of highest importance. Therefore the observance of all legal regulations regarding data protection is self-evident for us. We guarantee that your data are not transmitted to third parties.

1.Conclusion of the travel contract
With your booking registration, you offer amici d’Italia the binding conclusion of a travel contract.

The booking must be submitted in written format. It is submitted by the applicant also for all other participants mentioned in the booking, for whose contract obligations the applicant will answer for as well as for his own obligations, provided that he accepted a corresponding separate obligation through specific and separate declaration.

The contract is concluded by the acceptance of amici d’ Italia. The acceptance does not require any particular form. On or right after the contract realization, amici d’Italia will hand over your booking confirmation.

If the contents of the booking confirmation differ from those of the booking registration, this will represent a new offer by amici d’Italia that will be binding for amici d‘Italia for a period of 10 days. The contract will be concluded on the basis of this new offer if you explicitly state your acceptance in written format to amici d’Italia within the binding period.

2. Payment
With receipt of the booking confirmation, a deposit of 20% of the total travel price is due immediately, as a minimum at least 25 Euro per person. The payment of balance is due at the latest 42 days prior to departure from your country of origin. If the payment of the balance isn't fulfilled within the agreed period, amici d‘Italia reserves to itself to terminate the contract and if necessary to levy corresponding cancellation charges, provided that the journey can no longer be cancelled for the reasons mentioned in chapter 7.2 or 7.3.
If you are booking within 42 day of departure, then full payment is required immediately.
Payments to the travel price before departure may only be made against surrender of the security certificate according to German law §651 k Chapter 3 BGB.
If the journey doesn't take exceed 24 hours, if it doesn't include any overnight stay and if the travel price is not higher than 75 Euro, the full journey price may be demanded without delivery of a security certificate.
Weddings: 50% of the package price for the wedding arrangement to be realized by amicia d’Italia are due for payment at the time of order placement (signed costs estimation) and will remain with amici d’Italia for the compensation of provided service, even if the project should be cancelled. The remaining 50% are due for payment three weeks before the wedding date. (Please refer to chapter 5.c)

3. Service
The type of service to be agreed upon in the contract result from the service descriptions stated in the Internet website of amici d’Italia and the referring statements in the booking confirmation.

Amici d’Italia is bound by the specifications made in the Internet website. amici d’ Italia  expressly reserves the right to declare a change of Internet statements before contract conclusion because of factually correct, considerable and non-predictable reasons. The customer of course will be informed about this change before making his booking.

Besides holiday accommodation, amici d’Italia offers you additional activities, too. Amici d’Italia points out that these activities are partially additionally purchased services. You will find information on that with the particular activities. Amici d’Italia cooperates with partners on the spot who have been selected to the best of its knowledge and belief  and procures their offers.
Furthermore, amici d’ Italia wants to point out  that especially for high risk sports activities a specific insurance is highly advisable.

4. Service and Price Changes
Alterations or deviations of single services from the content of the booking contract which might become necessary after contract conclusion and which were not caused by the tour operator against trust, are only allowed if the alteration/change is not significantly and does not affect the total character of the holiday. Possible guaranty claims remain unaffected if the altered services are defective.

amici d’ Italia is obliged to inform you about service alterations or deviations immediately. If necessary, amici d’Italia will offer you a free of charge booking change or cancellation.

In case that the travel price is being changed or an alteration of an essential travel service happens, amici d’ Italia  must inform you in written format immediately, at latest 21 days prior departure date. After this time limit, price increases are not allowed. In the case of price increases by more than 5% or if an essential travel service is being altered considerably, you are entitled to withdraw from the booking contract without charges or to demand participation in a journey of the same value, if amici d’ Italia is able to offer you such a journey without higher costs from ist program.
You are entitled to claim these rights in written format immediately after the announcement of price increase or alteration of travel service by  amici d’ Italia.

5. Cancellation by customer, booking changes, substitutional travellers
5.1. – You may at any time cancel the journey before commencement of travel. Decisive is the arrival date of the cancellation declaration at the office of amici d’Italia. amici d’Italia suggests to declare your cancellation in written format.
Should you resign from the travel contract or if you do not set out on your journey, amici d’Italia may claim a compensation for prepared travel arrangements and expenses. When calculating the compensation, usually not accrued expenditures and possible substitutional use of services are to be taken into consideration.
For this compensation, amici d’ Italia is allowed to charge a lump-sum payment in a percentage relation to the travel price according to the time period between cancellation and departure date as shown in the following division:

a) Apartments, B&B and activities:
up to 45 days before departure – cancellation costs : 20%
up to 35 days prior to departure –  cancellation costs:  50%
starting from the 34th day before departure – cancellation costs: 80%
from day of departure 90%

b) Hotels:
up to 30 days before departure – cancellation costs : 20%
up to 22 days prior to departure –  cancellation costs:  35%
up to 15 days prior to departure –  cancellation costs:  50%
up to 08 days prior to departure –  cancellation costs:  80%
up to 1 day prior to departure and now show: 90%

c) Weddings:
A deposit of 50% of the order costs  of the amici d’ Italia wedding arrangement is due for payment as soon as the order has been placed (by signed costs estimate) and will remain with the booking recipient as settlement for carried out efforts if the project should be cancelled. The remaining 50% are due two weeks prior to wedding date.

d) Rented car:
The general terms and conditions act of sunny cars apply

e) Flights:
The general transport conditions of HLX apply

f) Houseboats:
The general terms and conditions act of our contracting party in Italy apply

If the object is rented to another customer by amici d’Italia, the rental costs will be refunded less an amount of 10% of the rental fee/booking price given a minimum amount of 25% administration fee. amici d’Italia recommends customers to arrange a comprehensive travel insurance coverage to protect themselves against possible cancellation costs.

5.2. – Should the customer wish to change arrangements after amici d’Italia has received the booking or within the periods stated in 5.1. a)  and b) with regard  to travel date, destination, location or accommodation,  amici d’ Italia  may charge an administration fee of 25 € for each traveller.

Should you wish to change the booking after the above given terms, you may do so only after complete cancellation of the contract according to the conditions stated in chapter 5.1. and a new booking. This will not become effective in case of changes which cause minor costs only.

5.3. – Until departure date you may demand that a third person enters into your booking contract. Amici d’Italia is allowed to refuse this entry if it does not correspond with the special travel necessities of if the entry is prohibited by legal conditions or by official orders.
If a third person enters the contract he/she and the traveller will be liable as total debtor for the travel price to amici d’Italia, as well as for additional costs resulting from the entry. Handling charges, cancellation fees and costs for booking changes are payable at once.

6. Non-claimed services                     
If you do not use particular travel services because of prematurely return or other imperative reasons, amici d’Italia will try to receive a compensation for saved expenditures from the service providers. This duty will be inapplicable if the services were insignificant or if a compensation is opposed to legal or official regulations.
 
7. Resignation and Cancellation by amici d’ Italia      
amici d’ Italia may withdraw from the booking contract before departure or cancel it after departure under the following reasons:

7.1. – Without observance of set term:          
If you persistently disturb the realization of the journey even though you have been warned by amici d’Italia or the local service provider or if you behave contrary to the contract in such a way that an immediate annulment of the contract is justified. If amici d’Italia then cancels the contract, amici d’Italia keeps the title to the travel price; amici d’Italia must nevertheless take into account the value of the saved expenditures as well as those advantages that amici d’Italia gains from a substitutional use of not claimed services, including the saved costs received from service providers.
7.2. – Until 2 weeks before departure :
In case of not reaching the announced or officially fixed minimum passenger number, if this minimum number was marked in the travel description for the particular journey. In any case, amici d’Italia is obliged to inform you immediately about this situation and to send you the cancellation announcement at once. You will then receive your already paid travel price immediately. If it should, at an earlier stage, become obvious that the minimum number of passengers will not be reached, amici d’Italia is obliged to inform you.
7.3. – Until 4 weeks before departure :           
If – under use of all measures – the realization of the journey is not reasonable for amici d’Italia because the booking numbers for the journey are so small that the costs resulting from the realization would exceed the economic sacrifice limit. Amici d’Italia has the right to withdraw from the contract only if the reasons were not caused by amici d’Italia (e.g. no calculation mistake) and if amici d’Italia proves the reasons for the withdrawl and submits you an equivalent substiutional offer.
Should the journey be cancelled due to this reason, you will obtain an immediate refund of your paid travel price. Additionally, you will receive a compensation for your booking expenses worth 50 Euro, in case you do not want to make use of a substitutional offer submitted by amici d‘Italia.

8. Force Majeure
If the journey is considerably rendered more difficult, endangered or affected by „force majeure“ that could not have been foreseen at the time of contract conclusion, both parties are allowed to cancel the contract. In the case of contract cancellation, amici d’ Italia has the right to claim  adequate compensation for already provided service or necessary services for the termination of the journey.

9. Liability of amici d’ Italia
amici d’ Italia is liable within the terms of duty of care of an orderly merchant for a) conscientious travel preparations; b) careful selection and control; correctness of description of all travel services stated in the website under the condition that amici d’Italia has not announced an alteration of the internet statements before contract conclusion according to chapter 3; c) the orderly accomplishment of all contractual agreed travel services.
 
10. Guaranty                        
10.1. – Remedy           
If the journey is not accomplished according to the contract, you may claim remedy. amici d’Italia may refuse remedy if it demands unproportional expenditure. amici d’Italia may also offer remedy in a way that you receive a equivalent substitutional service.
10.2. – Reduction of travel price              
For the duration of a non-contractual realization of the journey you may claim an corresponding reduction of the travel price. The price has to be reduced according to the proportion between the real value of the journey and the value of the faulty journey at the time of sale.
10.3. – Cancellation of contract          
If a journey is substantially affected by deficiency  and amici d’Italia does not deliver remedy within a appropriate period of time, you are allowed to cancel the contract within the legal restrictions – amici d’Italia recommends to do this in a written format in your own interest and for reasons of proof. This consequence also applies if the journey is not reasonable because of an important deficiency reason that amici d’Italia recognizes too. Provision of a term for remedy is not necessary if remedy is impossible or if amici d’Italia refuses to provide remedy or if the immediate cancellation of the contract is justified by your specific interest. You owe amici d’Italia the part of the travel price resulting from used portions provided that those services were in your interest.
10.4. – Compensation
You may, despite reduction and cancellation – still claim a compensation for non-fulfilment, unless the deficiency of the journey is based on a reason that amici d’Italia is not liable for.

11. Limitation of Liability
11.1. – amici d’Italia’s contractual liability for damages which are not physical damages are limited to the triple travel price, a) provided that you did not provoke a damage deliberately or recklessly, or b) provided that amici d’Italia is responsible for the damage only because of the fault of a service provider.
11.2. – The limitation of liability for material damages in case of delict liability which does not result from intent or negligence, amounts to 4000 Euro per traveller and journey. If the travel price is higher than 1.333 Euro, the liability is limited to the triple travel price.
11.3. – amici d’ Italia is not liable for faults in performance connected with services that have been offered by third parties (such as sports events, theatre performances, exhibitions and the like) and which were especially marked as third parties‘ offers in the travel description.
11.4. – A title to compensation against amici d’Italia is limited in so far as based on international agreements or related legal restrictions which may apply to services that a service provider has to provide,  such a claim may only be made under certain conditions or is prohibited by certain restrictions.

12. Duty of Cooperation
In case of occurring faults in performance, you are obliged to cooperate according to legal regulations and to avoid or to reduce possible damages.
You are especially obliged to inform the local service provider about your complaints immediately. His duty is to take remedial measures if that is possible. If you culpably fail to advise the deficiency, a claim for reduction will not occur.

13. Exclusion of claims and limitation
If you wish to claim compensation because of non-stipulated fulfilment of the travel services you must do so against amici d’Italia within one month after contractual end of your journey. After the expiration of this period you may still assert your claim if you have been hindered to observe that period without guilt.  
Contractual titles of the traveller become prescriptive after six months, this period starts with the final day of journey according to the contract. If you have claimed titles, the prescription period is interrupted until the day when amici d’ Italia rejects the claims in written format. Titles that accrue from an illicit act become prescriptive after three years.

14. Passport, Visa and Health regulations
amici d’ Italia will inform its customers before departure about regulations regarding passport, visa and health laws of their country of origin as well as possible amendments. Citizens of other countries are requested to contact their responsible consulate.
amici d’Italia is not liable for the punctual granting and the receipt of necessary visa from the responsible diplomatic representation if you have engaged amici d‘Italia with the procurement unless amici d‘Italia is responsible for the delay.
You are exclusively responsible for the observance of all important prescriptions necessary for the execution of the journey. All detriments, particularly the payment of cancellation costs, which might result from the non-observance of those regulations will be chargeable to you, unless they were effected by a culpable wrong or missing information through amici d’ Italia.

15. Inefficacy of single conditions   
The inefficacy of single terms of the booking contract does not automatically imply that the complete journey contract is ineffective.

16. Legal Venue                 
You are allowed to sue amici d’ Italia at its company residence only.
In case of suits by  amici d’ Italia against the customer, the customer’s residence is decisive, unless the suit is directed against traders or people who do not have a common legal residence within Germany or against people who transferred their domicile or usual residence after contract conclusion abroad or whose residence/domicile is unknown at the time of action. If such is the case, the residence of amici d’Italia is decisive.

17. Transfer prohibition    
An assignment of claims against us to third parties is excluded and applies to married partners and relatives, too.
Judicial enforcement of claims of the customer by third parties in the own name is inadmissible.

18. Invitation to tender fault
Invitation to tender and miscalculation cannot be liable for.

19. Links to other internet websites
A liability obligation is excluded regarding direct or indirect references to strange Internet pages which are outside of the field of responsibility of amici d‘Italia.

Tour Operator, Owner

amici d’ Italia
Nordstr. 14
50733 Köln
Germany
Tel.: +49 (0)221/200 467 59 / 51
Owner : Elke Wintzen

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