1. SOURCES OF LAW
The sale of tourist packages, which have as their object services to be provided both nationally and internationally, is governed by the "Code of State legislation on the regulation and market of tourism" (attached to Legislative Decree no. 79 of 23.05.2011, as last amended by Legislative Decree no. 62 of 21st May 2018, implementing and implementing EU Directive 2015/2302), in particular Articles 31 - 51novies; and by the provisions of the Civil Code on transport and mandate as applicable.
The sale of services for tourist online also involves compliance with the regulatory provisions of Legislative Decree 09.04.2003 No. 70 (implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce) and subsequent additions and amendments, in particular Legislative Decree 15. 12.2017 n° 223 (adaptation of national legislation to the provisions of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25th October 2012 on European standardisation and Directive (EU) 2015/1535 of the European Parliament and of the Council of 9th September 2015 on the information procedure in the field of technical regulations and rules about information society services).
2. MANDATORY INFORMATION AND ADMINISTRATIVE REGIME
TORATORA S.r.l. (constituted in accordance with the art. 4, para. 10-bis of Legislative Decree no. 3 of 24/01/2015 converted into Law no. 33/2015) has its registered office in 00143 Rome (RM), Via dei Radiotelegrafisti 19, c.a.p. 00143, C.F./P.I. 14901221003; Pro tempore Sole Director, Mr. Francesco Simeone; PEC for communications: email@example.com, TORATORATRAVEL.COM is an internet domain owned by Toratora S.r.l. (web hosting Aruba SPA).
Toratora S.r.l. operates as a travel agency with regular administrative authorization (regional authorization n. ___GRI73466_____ of 12/03/2019 and management decision of the province of Rome n. 7696 of 12/03/2019), is associated with Startup Italy tourism
Contacts - E-mail: firstname.lastname@example.org.
Professional third-party liability insurance policy Assicurazioni Generali S.p.A. n. 390115011.
Accident cumulative insurance policy Assicurazioni Generali S.p.a. no. 390115011, included in the participation fee up to a maximum of € 1.000.000€ for death or permanent disability.
The traveller is entitled to request the doubling or tripling of the maximum amounts and is obliged to pay the relevant supplement indicated when booking the trip.
Customer: the person who buys the service through the website www.toratoratravel.com, regardless of whether it coincides with the beneficiary of the tourist services purchased, being able to proceed with the purchase of the tourist package to benefit directly (even together with third parties) and/or indicate a third party (or more) as beneficiary.
Toratora Travel: integrated tourist package, consisting on round-trip flights and accommodation in a random destination depending on the formula chosen among the following options:
-Surprise travel: trip with surprise destination in Europe for 3, 4, 5 days, of your choice. The Customer chooses the dates of the trip expressing the preference for the flight schedule (round trip), with the possibility to discard some proposed surprise destinations.
- Tailor-Made Trip: The difference from the classic "Surprise Travel" and "Tailor-made trip" is that the second one it's a surprise trip "customized for you". During the booking process, you will see a nice test that will help us better understand who you are and what you like and organize a perfect trip for you. You can choose the dates of your trip, if and how many destinations to discard, if and what extra services or activities to add, preferences for the structure and you're done. At the end of the booking we will send you a confirmation email with the summary of your order. A week before the trip, you will receive an email with the surprise destination, the hotel reservation, the boarding passes for your flight (check-in) and a personalized city guide.
- Summer Toratora: Summer Toratora works like the classic "Surprise travel", but you will also have the opportunity to choose what type of holiday you prefer: whether the destination is warm or cold. Select your dates, and we will book your flight + hotel in the centre or near the beach. You can choose if and how many destinations to discard, if and which extra services or activities to add, the preferences for the structure and you're done. At the end of the booking we will send you a confirmation email with the summary of your order. A week before the trip, you will receive an email with the surprise destination, the hotel reservation, the boarding passes for your flight (check-in) and a city guide.
- Gift a Trip: The Toratora surprise travel is the gift for birthdays, graduations, stag/hen parties. Choose "The gift offer" and you can give a trip or a discount coupon to whomever you want. When booking, enter the data of the person who will leave. If you choose to give the trip as a gift, you will purchase it directly and the person to whom you give it, will receive an email informing him/her that he/she has received a "surprise travel" as a gift and by whom. A week before departure he/she will receive an email with the surprise destination, the hotel reservation, the boarding passes for his/her flight (check-in) and a city guide. If you give a voucher instead, the person to whom you are sending it, will receive an email informing you that he/she have received a "surprise travel" as a gift and by whom. Inside the e-mail, he/she will find the code to be entered during the booking phase to get the discount.
Operator: Designates the company selected by TORATORA S.r.l that provides the air transportation service to the Beneficiary.
Collaborator: Designates the company selected by TORATORA S.r.l that provides accommodation and / or other related touristic services related to the surprise activity during the trip to the Beneficiary
Beneficiary: user of the services included in the tourist package purchased by the Client.
Parties: designates both parties involved, TORATORA S.r.l. and the Customer.
Proof of order: summary communication of the purchased Toratora Trip sent by e-mail to the Customer and containing the elements of the reservation that concern him/her.
Information society services: the economic activities carried out online, as well as services provided for remuneration as defined in Article 1, paragraph 1, letter b) of Law no. 317 of 21 June 1986, as amended (Article 2 of Legislative Decree 70/2003 on electronic commerce).
4. TRAVEL BOOKING METHOD
The Customer chooses the Toratora Trip through the Website, following the guided procedure for the order request whose steps vary according to the chosen travel option, listed below:
a. Selection of the service type "Surprise destination".
b. Selection of the city of departure in the drop-down menu
c. Selection of the number of Toratora Travel Beneficiaries
d. Selection of "time restrictions" (e.g. if you prefer to travel from Friday to Sunday or Saturday to Monday)
e. Selection of the period of the Trip. Please note that: packages consist of three (3) days of Trip duration. The departure time of the departure flight may vary between 06:00 and 23:59 (first day of the package). The departure time of the return flight may vary between 06:00 and 23:59 (last day of the package)
f. Once the dates (round trip) have been chosen, the Customer can choose the times of the departure and return flights. There are three (3) time slots, which may be restricted according to the user's preferences (the restrictions result in an increase in the price shown in the final summary sheet). Where possible and subject to availability, Toratora S.r.l. may contact the Customer (once the booking is completed) to suggest alternative flights different from those selected by the Customer.
g. The customer, at this point in the procedure, displays the list of possible destinations of the Toratora Travel. The Customer has the right to "delete" a destination (discarding it from the "possible destinations" area) free of charge if he removes up to three possible destinations; in case of further removals a cost of € 5.00 per destination deleted and number of Beneficiaries will be applied.
h. Filling in the Beneficiaries' data section. The Customer is considered responsible for the correctness and truthfulness of the data entered in the mandatory fields required for boarding passes. Toratora S.r.l. can not be held responsible for any errors in filling in the fields related to the data of the Beneficiaries in case such errors generate problems during boarding and/or other misunderstandings at the hotel check-in.
i. By accepting and continuing the process of purchasing TORATORA services, the Customer will enter the payment and billing information.
l. The purchase order for Toratora Travel will be registered, provided that the Customer has expressly accepted these General Conditions of Sale.
m. Display the message confirming receipt of the order and closing the purchase procedure.
a. Selection of the service type "Tailor-made Trip".
b. Same procedure as for the Surprise Travel, from point (b) to point (m).
Additional option granted to the Customer to fill in a short "survey" where he/she indicates the preferences on the type of travel preferred by the Beneficiary and which type of traveller he/she belongs to, in order to choose the surprise activity most congenial to the Client/Beneficiary.
a. Selection of the service type "Surprise travel".
b. Same procedure as the Surprise Travel, from point (b) to point (m). In this case, there are surprise sea destinations that the Beneficiary(s) will be able to use during the trip.
5. OBLIGATIONS AND RESPONSABILITIES OF THE USER’S PROVIDED DATA - DISCLAIMER
The Customer undertakes to fill in the fields relating to the Beneficiaries' data with extreme care and also accepts and acknowledges that the data provided, directly through the website or by calling Customer Service, are true, accurate and complete.
The Customer also undertakes to use credit or debit cards referable to him/her, of which he/she is the owner, or in any case of which he/she has received express authorization to use by the owner and that he has sufficient funds to cover the cost of the product / service you buy, exonerating Toratora Srl of any liability in case of use not previously authorized and/or in fraud to the law.
Toratora S.r.l. reserves the right to cancel the customer's reservation in case of non-payment, return of payment or in case of false data or for any other prejudice resulting from the use of payment cards whose data and/or use in fraud are not verifiable.
The Customer expressly exonerates Toratora S.r.l. from any responsibility in case of denial of boarding or any other disservice during the trip deriving from the incorrect indication of the Beneficiary(s) data when booking on the Website.
It is the Client's responsibility to ensure that the Beneficiaries have the necessary documentation to travel to the possible destinations, as well as passports, visas, etc.
6. CONCLUSION OF CONTRACT - PROOF OF ORDER
The purchase contract for the Toratora Travel, once the online guided procedure has been completed and the payment of the amount due has been made (see art. 9), is finalized with the final validation of the order by Toratora S.r.l., after which the Customer receives an email confirming the order (Proof of Order).
The sales contracts for Toratora Travels purchased through the website www.toratoratravel.com, are governed by the following general conditions of contract which, together with the proof of order, constitute the Toratora travel contract.
The travel contract is eligible for insurance coverage.
With the exception in case mistakes, the proof of which the Customer is required to prove, the data stored in Toratora S.r.l.'s databases, kept in accordance with the law, have the value of the proof with respect to the purchase orders made by the Customer, summarized in the Proof of Order. Data relating to computer or electronic media shall regularly consist of admissible and enforceable evidence with the same terms and with the same probative force as any document received and kept in writing.
7. PURCHASED TORATORA TRAVEL DETAILS
7. 1 The Customer acknowledges that, given the particular travel formula proposed by Toratora S.r.l., the Proof of Order will be a summary of all the elements that concern him/her and that only one week before departure the Customer will be notified via e-mail the destination of the Beneficiary(s), as well as flight details, check-in instructions (if necessary) and information regarding accommodation. This information, always one week before the scheduled departure date, will also be available through the "My Booking" section on the website www.toratoratravel.com. The Customer accepts the terms and conditions for the conclusion of the contract and information on the detailed services of the Toratora Travel purchased online, having received in clear and comprehensible language all the information regarding the type of travel and services purchased, pursuant to and for the purposes of art. 36 of the Tourism Code.
7.2 The Customer and/or the Beneficiary are required to print the boarding pass that Toratora S.r.l. one week before departure sends by e-mail, or makes available for download from the Website, section "Login" and, if necessary according to the information (provided by Toratora by e-mail or acquired from the Website), to check in online on the Operator's website of the flights required to make the Toratora Travel purchased.
8. PRE-CONTRACTUAL INFORMATION
8.1 Destination - flights plan
The Customer declares to have received clear information about the peculiarity of Toratora Travels, in particular that those are trips with a surprise destination and that therefore following the online booking procedure on the website toratoratravel.com he or she purchases a trip of which he or she knows the essential elements (destination, flight plan and accommodation) only one week before departure, therefore after the conclusion of the contract and purchase of the trip. The essential information regarding the destination, the flight plan, the departure and return time and the accommodation are reported in the e-mail sent by Toratora S.r.l. to the Customer, at the e-mail address provided by himself/herself during the booking, one week before departure (i.e. viewable in the same term on the website) as regulated by the previous art. 6, paragraph 4 of these General Conditions.
Relating to the accommodation, the Customer, again in consideration of the peculiarity of Toratora trips, declares to have been informed that during the booking process he/she is informed about the only category of accommodation that the Beneficiary can use during the trip and he/she knows its characteristics, booking number and exact location one week before departure, together with detailed information about the services included in the tourist package purchased by the Customer (see art. 6 par. 4 of these General Conditions).
8.3 Eligibility of the Beneficiary for the Toratora Travel formula
The Customer declares to have received clear information about the peculiarity of Toratora Travels, in particular that they are trips with a surprise destination and to have consciously chosen the Toratora Travel purchased, taking into account the needs and/or special needs of the Beneficiary(s) and not to have contacted Toratora for any necessary and/or useful modalities to allow the Beneficiary(s) to enjoy the Toratora travel in safe and comfortable conditions.
In the absence of the above mentioned evidence and/or special requests by the Customer, Toratora S.r.l. cannot be held responsible for any disservice occurred as a result of the omitted information and/or request by the Customer.
The payment of the consideration for the chosen Toratora Travel must be made in a single payment once the booking process has been completed and it is a condition for the conclusion of the contract.
Payment is made online, at the Customer's choice, through PayPal or Stripe payment processors, namely by credit card (Visa, Eurocard, Mastercard, American Express). The payment procedure by credit card provides for the debit of the entire amount of the Toratora Travel purchased by the Customer on the payment card on the day of the order.
If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.
Toratora S.r.l. reserves the right to suspend the processing of the travel purchase order in case of rejection of the payment authorization by the bank.
Toratora S.r.l. uses secure online payment channels for the payment phase, which guarantee the confidentiality and security of the customer's bank details transmitted via the Web when entering the payment order (secure access via SSL (Secure Socket Layer technology).
In any case, the payment and the relevant receipt are issued by the platform/payment service used by the Customer and the chosen one according to his/her preferences.
Billing is issued by the automated system.
The prices of each Toratora Travel appear on the Website when the customer places the order; the final price of the Toratora travel chosen by the customer is communicated, displayed on the screen, at the end of the guided booking procedure and before moving on to the payment phase, therefore, before the conclusion of the contract (governed by art. 6 above).
The price of the Toratora Travel includes the price of the flight including airport taxes, accommodation, management tax and the corresponding VAT. The additional costs resulting from the addition of services not offered at the base rate indicated in the offer published on the Website are not included in the price of the Toratora Travel.
The rates or supplements applied by the operators or collaborators, in particular the tourist accommodation rates, are not included in the price of the Toratora Travel.
Toratora S.r.l. cannot be held responsible for the overpricing of the Operators (air carriers) resulting from the invoicing and boarding processes, such as the non-printing of the passenger, excess baggage.
11. WITHDRAWAL - PENALTIES
The tourist can withdraw from the contract, without paying penalties, in the following cases:
- price increase, after conclusion of the contract, of more than 10%;
- significant modification of one or more elements of the contract objectively configurable as fundamental for the enjoyment of the tourist package considered as a whole and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the tourist.
In such cases, the Customer is alternatively entitled: - to take advantage of an alternative tourist package, without extra charge or with the refund of the excess price, if the second tourist package has a lower value than the first; - to the refund of the price paid, within 7 days of receipt of the request for reimbursement. The tourist must give notice of his decision (to accept the change or to withdraw) no later than two working days after receiving the notice of increase or change. In the absence of express communication within the above deadline, the proposal made by the organiser shall be deemed accepted.
Outside of the above hypotheses, the Customer who withdraws from the contract before departure will be charged, in addition to the individual cost of practical management, the penalties indicated below:
- 15% of the price of the Toratora Travel for withdrawal up to 30 days before departure;
- The cost of the air service for withdrawal exercised up to 15 days before departure;
- 80% of the price of the Toratora Travel for withdrawal up to 7 days before departure;
for the withdrawal exercised in the seven days prior to the departure of the Toratora Travel, the penalty is equal to the amount paid for the Toratora Travel.
The days are calendar days and are never counted the same day of departure or beginning of stay.
12. CHANGES/CANCELLATION OF THE TORATORA TRAVEL
Toratora S.r.l., if necessary, reserves the right to unilaterally modify the conditions of the contract if the modification is of little importance, communicated clearly and precisely to the Customer/Beneficiary before departure. Any significant changes will entitle the Customer to withdraw from the contract pursuant to Article 11, paragraph 2 (in accordance with Article 34, paragraph 1, letter a) of Annex 1 of Legislative Decree no. 79 of 23 May 2011 (Tourism Code).
Toratora S.r.l. may withdraw from the tourist package contract before departure without obligation to pay any additional compensation, offering the traveller full refund of the payments made for the trip booked by the Customer without unjustified delay and, in any case, within fourteen days of withdrawal, if unavoidable and extraordinary circumstances arise that require Toratora to cancel the Travel, communicates the withdrawal to the traveller without unjustified delay before departure.
13. EXECUTION OF THE TORATORA TRAVEL - RESPONSIBILITY SERVICES (transport and accommodation)
13.1 Toratora S.r.l. is responsible for the execution of the tourist services provided for in the contract of sale of the Toratora Travel, regardless of the fact that such services must be provided by other tourist service providers, pursuant to art. 1228 of the Civil Code.
13.2 The Customer and/or Beneficiary, in accordance with the obligations of correctness and good faith as per articles 1175 and 1375 of the Italian Civil Code, is obliged to inform Toratora of any lack of conformity detected during the execution of a tourist service provided for in the Toratora Travel Contract.
13.3 If one of the services is not provided as provided for in the Toratora Travel Contract, Toratora S.r.l. shall intervene to remedy it, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If Toratora S.r.l. does not rectify the alleged lack of service, the traveller is entitled to a reduction of the price as well as compensation for the damage suffered as a result of the lack of conformity, unless Toratora S.r.l. proves that the lack of conformity is attributable to the traveller or to a third party unconnected to the provision of tourist services or is of an unavoidable or unforeseeable nature or due to extraordinary and unavoidable circumstances.
13.4 If Toratora S.r.l. does not remedy the non-conformity defect within a reasonable period, provided that the defect detected is well-founded and not of minor importance in relation to the duration and characteristics of the package, the Beneficiary may personally remedy the defect and request reimbursement of the necessary, reasonable and documented expenses.
13.5 If the non-fulfilment of a tourist service included in the Toratora Travel is not of minor importance pursuant to art. 1455 of the Italian Civil Code and Toratora S.r.l. has not remedied it within a reasonable period, the Customer/Beneficiary may alternatively terminate the tourist package contract with immediate effect and without charge, or request a reduction in price pursuant to art. 43 of Annex 1 of Legislative Decree no. 79 of 23rd May 2011 (Tourism Code), without prejudice to any compensation for damages. In case of termination of the contract, if the package included the transport of passengers, Toratora shall also provide for the return of the traveller with an equivalent transport without unjustified delay and without additional costs for the traveller.
13.6 If it is not possible to ensure the return of the traveller, Toratora S.r.l. shall bear the costs of the necessary accommodation, where possible of a category equivalent to that provided for in the contract, for a period of no more than three nights per traveller, unless the Airline responsible for the delay or cancellation of the flight scheduled for the return journey in accordance with the provisions of European Union legislation and/or international conventions relating to passenger rights provides it directly.
13.7 The costs limitations referred to in point 6. above do not apply to persons with reduced mobility, as defined in Article 2(1)(a) of Regulation (EC) No. 1107/2006, and their accompanying persons, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that Toratora S.r.l. has been notified of their special needs when the Toratora Travel Contract is concluded.
14. LIMITS ON COMPENSATION AND LIMITATION PERIOD
The compensation and price reductions referred to in Articles 43 and 46 of Annex 1 of Legislative Decree no. 79 of 23rd May 2011 (Tourism Code) and related prescriptive terms are regulated in compliance with the provisions referred to therein (Article 43 cit. paragraphs 7 and 8 and Article 46 cit. paragraph 2), and in any case within the limits referred to in Articles 1783 and 1784 of the Italian Civil Code as well as within the limits established by international conventions governing the services that are the subject of the package tour contract.
Any compensation due by Toratora S.r.l., excluding personal injury or damage caused intentionally or through negligence, is in any case limited to three times the total price of the tourist package.
15. REPLACEMENTS AND TRANSFERS OF THE TOURIST PACKAGE
The Customer and/or the Beneficiary may replace a third party (transfer the contract to a third party) if they inform Toratora S.r.l. with a communication to be sent by e-mail, to the addresses indicated in art. 16 below, no later than two days before departure, assuming in this case the relative costs for changing boarding documents and hotel reservation.
16. CUSTOMER/BENEFICIARY OBLIGATIONS
The Customer is required to read and expressly approve these general conditions, which together with the Proof of Order constitute the Toratora Travel Contract, also to complete the Toratora Travel booking process (pursuant to art. 6 above).
For regulations regarding the expatriation of minors, please refer to the indications provided by the Ministry of the Interior on the website of the State Police. In any case, minors must be in possession of a personal document valid for travel abroad or a passport or, for EU countries, an identity card valid for expatriation. For children under the age of 14 years and for those for whom authorisation from the Judicial Authority is required, it is recommended to follow the prescriptions indicated on the web page https://www.poliziadistato.it/articolo/191. Foreign nationals must find the corresponding information through their diplomatic and/or consular representations.
The Customer and/or Beneficiary (if different from the Customer) is required to provide himself/herself with the necessary documents for the booked trip (passport with expiry date valid for the country he/she intends to visit, visas and any health certifications if required) and to check before booking, as well as close to departure, the updating of the health and safety situation of the country with the competent authorities (such as the website "viaggiggiaresicuri.it" by the Ministry of Foreign Affairs).
17. CUSTOMER SERVICE
Any request for information, in particular regarding the purchase, refund, exchange or operation of the Toratora travel, must be addressed to Toratora S.r.l.
- active chat on the Website www.toratoratravel.com from 9.00 a.m. to 6.00 p.m.
- via the Website www.toratoratravel.com "Contact";
- by e-mail to the following address: email@example.com
The Customer/Beneficiary can also contact the above-mentioned contact details during the trip. Toratora S.r.l. provides adequate assistance without delay to the traveller who is in difficulty even in the circumstances referred to in Article 42, paragraph 7 of Annex 1 of Legislative Decree no. 79 of 23rd May 2011 (Tourism Code), in particular by providing appropriate information regarding health services, local authorities and consular assistance and assisting the traveller in making distance communications and helping him/her to find alternative tourist services.
Toratora S.r.l. reserves the right to demand payment of the reimbursement for such assistance if the problem was caused intentionally by the traveller or through his fault, within the limits of the expenses actually incurred.
18. CANCELLATION, ACCIDENT/ILLNESS AND REPATRIATION INSURANCE
The insurance coverage of cancellation costs (penalties referred to in art. 11), due to accidents and/or illnesses and/or other eventualities that could lead to the need for immediate return from the Toratora Travel can be subscribed at the time of booking. In this case, the relative costs shall be borne by the Customer who is required to pay them at the time of booking the Toratora Trip, and is entitled to make up the basic offer cost of the Toratora Travel.
The rights arising from insurance contracts (for the Companies see art. 2 above) must be exercised by the Customer/Beneficiary directly against the insurance companies taking out the insurance, under the conditions and in the manner provided in the policies themselves, as set out in the policy conditions published and fully viewable / consultable on the Website toratoratravel.com.
19. ALTERNATIVE DISPUTE RESOLUTION TOOLS
The Customer and/or Beneficiary is required to notify, without delay, any lack of conformity detected during the execution of the Toratora Travel. Any disputes or complaints must be made by written communication addressed to Toratora S.r.l. by means of a registered letter (a/r type) or by e-mail to the address indicated in art. 17 above.
The experiment of the mediation procedure, governed by Legislative Decree no. 28th of 4th March 2010, aimed at the conciliation of disputes in the field of tourism, is a condition for the prosecution of legal proceedings against Toratora S.r.l..
This is without prejudice to the traveller's right to resort to voluntary or equal negotiation or conciliation procedures before arbitration or conciliation commissions for the resolution of disputes between businesses and consumers and users relating to the provision of tourist services as per art. 67, paragraph 2, of Annex 1 to Legislative Decree no. 79 of 23rd May 2011 (Tourism Code).
21. COMPULSORY COMMUNICATION PURSUANT TO ART. 17 OF LAW NO. 38 OF 6th FEBRUARY 2006
Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad.
22. PARTIAL NULLITY
The ascertainment of the possible nullity of one or more clauses or parts of them of these general conditions of contract also for contrast with the binding provisions of the current legislation on organized tourism contracts as per Legislative Decree no. 62 of 21st May 2018, as well as the other legal provision referred to therein and any subsequent amendments or additions, does not imply the nullity of the entire contract.