General conditions

1. Preambelcolor:
Considering that,
a) the legislative decree no. 111 of 17th March 1995, in implementation of the EU-directive 90/314 on the protection of the consumer, which approaches the organizer or rather seller of the package deal, for both the latter an administrative authorization for the activities provided is envisaged (art. 3/1 letter a) of the legislative decree 111/95.
b) the consumer is entitled to receive a copy of the tourist travel contract (art. 6 of legislative decree 111/95), which is a requirement to make demands on the guarantee fund, according to art. 19 of the present general conditions.
The definition of a package deal (art. 2/1 legislative decree 111/95) is the following:
The package deal includes the journeys, holidays and offers “all-inclusive”, that are arising from a certain combination of at least two of the following elements. It is offered and sold at a package price and has to exceed a minimum of 24 hours or envisage accommodation. An all-inclusive offer can consist of the following:
 
a) transport
b) accommodation
c) additional services, which are not part of transport or accommodation, but an important element of the all-inclusive offer.

2. Other provisions of law
Furthermore, this contract is also regulated by the conditions mentioned in the travel documents, which are handed over to the customer. The contract with services, that are carried out in Italy or abroad, are regulated by the Brussels Convention of 20th April 1970 (ratified with law nr. 1084 of 29th December 1977) in the tourist travel contract (CCV), so far as this convention to the services covered by the package deal, can be applied.

3. Compulsory messages - technical supplementary sheet
The organizer has the duty to create a technical supplementary sheet in the catalog or as an attachment to the program. The technical supplementary sheet must consist of the following elements:
Information on the management authorization of the organizer
Information on liability insurance
Information on the validity period of the catalog or program
Information on currency adjustments

4. Reservations – conclusion of contract
The reservation request has to be effected by the customer in written form on a separate, fully completed and signed schedule. The booking with that followed conclusion of contract is deemed to be concluded duly, as soon as on the travel agency the written confirmation of the organizer is available. The customer accepts the binding conditions of travel valid at the time - also in the name and on behalf of all the other named participants.
The information about the all-inclusive offer, which is not contained in the contract documents, catalogs, programs, or in other communicative devices, will be made available from the organizer – in time, before departure – in performance of the duties as prescribed by the law-representative act no. 111/95.

Contractual partner:
a) FUNACTIVE Tours Srl, Bahnhofstr. 3, I-39034 Toblach/Dobbiaco (BZ)
Tax and VAT number IT02622710214
subsequent short "organizer"
b. The client
subsequent short “consumer"

Contents of contract:
Booking includes the following elements: group or client’s name, arrival and departure date, number and type of reserved rooms, description of package, content and type of booked services, description of accommodation, prices, surcharges and reductions. If there are no extra conditions included in the booking, then the general conditions are valid. All prices are in Euro or in the named currency and include VAT and visitor’s tax. Extra conditions and changes in the booking must be confirmed in written form by FUNACTIVE Tours Srl.

5. Payment:
On receiving the booking contract, the client will pay 20% of the whole price as a down-payment. The rest payment follows without an again demand of payment, at the latest 30 days before the begin of the tour. If the rest payment isn’t paid to FUNACTIVE Tours Srl by the date specified, the organizer can cancel the contract and demand the cancellation fees incurred. For bookings within 30 days before the beginning of the tour, the client will immediately be charged the whole price of the tour.
Possibly costs incurred by bank transfers are to be paid by the client.
All documents required on the tour will be sent to the client as soon as the full payment is made, at the latest two weeks before the tour commences.
After the effected bank transfer please fax (0039 0474 740858) or e-mail (office@funactive.info) us a copy of the confirmation of payment.
For possibly changes of the booking received after confirmation, will be charged a service fee to the client.
The missing payment within period of time mentioned above is a clause of rescission that causes on instigation of the mediating agency and / or the organizer, the termination of contract by rights.

6. Price:
The indicated prices in the contract, catalog, program or other communicative devices or rather their updates can only be changed up to 20 days before departure and only under the following conditions:
- modifications of transportation costs, including fuel costs;
- modifications in fees and charges on a few tourist services (landing and airport fees of ports and airports);
- modifications of the rates of exchange, which are utilized for the travel package.

Such amendments will be made with reference to the exchange rate and the costs of services at the date of publication indicated in the program.

The change in currency exchange rates will influence the price of the travel package indicated percentage rage of the technical supplementary sheet of the catalog, the program or other communication devices.

7. Cancellation of the contract – change of reservation
The client can step out of the contact if alterations occur in the program that change the booked package in a considerable way and are not a result of unconventional circumstances. These are as follows:
a) an increase in price of more than 10% of total costs
b) if the organizer changes a part of the contract after the conclusion of contract but before the begin of the tour, which can be qualified as fundamental for the settlement of the travel package, and is not accepted by the customer.

If the customer exercises his right of withdrawal,
a) he has the possibility to require the participation to another tour, which is equal or at a reduced rate; in this case the difference in price has to be refunded.
b) and does not want to participate to another tour, the tourist can claim refund of the already paid amount, which has to be effected within 7 working days after the receipt of cancellation announcement.

The client has to inform the organizer about his decision (acceptation or cancellation) within two working days after receipt of the message about the modifications. If the company does not hear from the client within this period of time, the modifications are considered as accepted.

In other cases of contract cancellation the consumer has to pay all penalty fees, also beyond the down-payment (art. 5, paragraph 1), which are indicated in the technical supplementary sheet of the catalog, program or other communicative devices.

Cancellation fees
A client can cancel the contract at any time before departure. This must be done in writing.
In case of cancellation or non arrival the following cancellation fees will be charged:
Up to 28 days before tour begin: 20%
27 to 14 days before tour begin: 30% of total cost
13 to 8 days before tour begin: 50% of total cost
7 to 4 days before tour begin: 70% of total cost
From 3 days before tour begin or no-show: 90% of total cost
Early departure of the already started tour: 200% of total cost

For combined bike & boat trips the following separate cancellation fees will be applied:
Up to 84 days before start: 10 % of total cost
83 to 42 days before start: 30 % of total cost
41 to 28 days before start: 60 % of total cost
27 to 4 days before start: 80 % of total cost
From 3 days before tour begin or no-show: 90% of total cost
Early departure of the already started tour: 200% of total cost

Changes of reservation – alteration of booking
Any changes made to the program by the client will generally be charged at the same rate as a cancellation by FUNACTIVE Tours Srl. Changing to another tour is also classed as cancellation. Exceptions are changes to the same tour but on a different date up to 21 days before tour begin. In these cases FUNACTIVE Tours Srl charge a fee of 50.00 Euro. Changes in dates after this period of time need to be checked with the organizer and the costs are carried by the client.
Modifications of the reservation concerning the number or type of rooms, the category of hotel and character of board are (provided that it is possible in the hotels and the adequate capacity is available) generally realizable until 14 days before tour begin. The associated time and effort is invoiced with 50.00 Euro.

8. Changement or non-performance of the contract before the begin of the tour
FUNACTIVE Tours Srl reserves the right to change the course of program of the indicated services among each other, as well as to bandy agreed services with equal or more significant performances, if the package of arrangement is not changed or only inessential altered.

If the organizer before the begin of the tour informs, that he is not able to arrange one or more services, the customer can choose between the refund of the whole paid amount or the participation in another tour (art. 7, paragraph 2 and 3).

The client can also enforce the above mentioned rights, if the minimum of participants will not be reached, or if it depends on force majeure.

If the organizer defaults the contract (art. 1469 to Civil Code no. 5), and it is not depending on acts of God, reaching the minimum of participants or it is outside of the alternative travel offer, the organizer must refund the double amount, which was paid from the client also to the travel agency.

The refunded amount can not exceed the double amount, which would have been owed to the organizer, if the client would regress (art. 7, paragraph 4).

9. Modifications after tour begin
If the organizer apart from reasons, which have to do directly with the client, can not perform the stipulated services or a considerable part of them for any reason, he has to offer alternative services without surcharge and possible refund at price difference.

If no alternative solution is possible, or it is refused by the client due to serious and reasonable motives, the organizer will allocate without surcharge an equal mean of transportation, which had been designed for the trip home. The place of departure can be the place of residence or due to reasons of price and availability a different place. The possible difference of price between the total and already utilized services has to be refunded.

10. Substitution
The client, who wants to withdraw from the contract, can register a replacement, provided that:
a) the organizer is informed at least 4 working days before tour begin and the information about the replacement is available.
b) the replacement pervades all conditions for claiming services (art. 10 legislative decree 111/95), particularly that for passport, visa and health regulations.
c) the replacement refunds all costs for the supersession in a previously fixed amount.
The client together with the replacement is solidarity liable for costs for supersession and additional costs in accordance with letter c).

Concerning certain services it is possible, that a third supplier does not accept the replacement also within the information of 4 working days, in accordance with letter a). The organizer is not responsible for the missing acceptance of third supplier. The organizer will inform the client about this missing acceptance in time, before the begin of the tour.

FUNACTIVE Tours Srl can disagree with a replacement, if he does not pervade all conditions for claiming services. In this case the above indicated withdrawal terms are valid. If the replacement takes place of the applied client, the original contract will not be affected. Additional costs, which occur through this, have to be covered by the client. In all cases FUNACTIVE Tours Srl is not responsible for a possible non acceptance through of other imparting tour operator.

11. Obligations of participants
Participants have to carry a passport, or any other intended, valid travel document, as well as sojourn and transit visa and the at the most required personal medical attendance reports. The participants also must attend to the rules of natural caution and prudence and conform to all specifications and administrative and legal directives and clauses indicated by the organizer relating to the travel package. The participants are responsible for the disadvantages, which arise to the organizer due to default of above named commitments.
The client is liable to provide all documents, information and specifications in possession, with which the organizer can exercise his right of compensation towards the damage of the responsible third; the client is also liable towards the operator for damaging the practice of the right of compensation.
The client informs the operator about all his personal desires, which are leading to specific agreements, provided that the realization is possible.

12. Classification of hotel – category of hotel
The official classification of accommodation facilities is determined by the responsible public department of the destination and is disclosed in the catalogue, in the program or in other means of communication.

If there is no official present, recognized classification of the accommodation from the responsible public department of the destination, including countries of the European Union, the operator will determine it in the catalogue, in the program or in other means of communication by using his own criteria of assessments for the standard of quality, to enable an assessment and assumption through the consumer.

13. Liability and restriction of liability
The organizer is liable towards clients for personal injuries of the client which are caused by the failure to fulfill obligations or the bad carrying out of the provided services of the operator in the travel contract, or rather damages of thirds who are raising a service in order of the operator, apart from it is caused by the client himself (included are actions on one’s own authority).
The organizer is never liable for damages of any kind, if the non-performance or the bad carrying out of the contract can blame neither him nor another subject, which raises a service in question, or if the deficiency attribute to force majeure, casualty or occasions, which the organizer can not anticipate or prevent with all his care.
The seller of the booked package is not liable for the execution of performances, but only for the services as agent, which are regulated by the laws and conditions named above.

FUNACTIVE TOURS Srl is liable to exercise the diligence of an ordinary trader for the precise preparation of the tour, the careful choice and assessment of partners as well as the correctness of indicated services for the travel season in the valid catalogue (at time of release).

Participation in a bicycle tour/hiking tour/cross country tour is at the client’s own risk. Minors can take part in a trip only in the company of a legal guardian.

Every participant is responsible for his personal health to be equal to the demands of the journey.
Participants are also responsible for compliance with traffic regulations.

For all transports (bus, boat, plane and the like) are valid the terms of transport of the respective common carrier.

The organizer can not be held responsible for cancellation of any sightseeing as per program for any reasons beyond their influence (rebuilding, renovation etc.).

FUNACTIVE Tours Srl is liable for any damage or loss of luggage if the damage or loss was caused by us and was reported to us immediately after occurrence; however, compensation is limited to € 200.00 per person. Liability is excluded for: - any objects usually not transported in luggage, - any means of payment, - optical damage and damage of handholds and rollers, - any damage for luggage exceeding a weight of 20 kg.
Transportation of customer bicycles basically is possible during transfers as well as during the tour. The customer accepts full risk. The bicycle trailers are customized to fit the bicycles of the organizer. Any other bicycles might be subject to small damages (e.g. lacquer). Funactive Tours srl can not be held liable for any damage during the tour. This limitation of liability also applies for partner tours and services of third parties.

14. Restriction of refunds
The refund of the organizer for personal injuries can not overstep the regular refunds owing to the international conventions in this connection, especially through the Convention of Brussels from 20th April 1970 (ratified with law number 1084 from 29th December 1977), through the Convention of Warsaw from 12th October 1929 for the international air traffic (with changes AJA 1955), which is ratified with the law number 41 from 19th May 1932 and through the ratified Convention of Bern for the railway traffic. The sum of the refund must not overstep the amount of 2000 franc ounce for property damage (see art. 13 no. 2 CCV) and 5000 franc ounce for all other damages and those according to art. 1783 German Civil Code.

15. Duty of support
The organizer is obliged to take the measures of assistance, which have to correspond to the professional care regarding the legal and also the contractual regulations.

The organizer and the seller are liberated from the liability (art. 13 and 14), if the failure to fulfill obligations or the bad carrying out of the provided services in the travel contract is caused by the customer himself or unforeseen or not prevented through thirds, through force majeure or through mishaps.

16. Complaints – notification
In case of problems interfering with the regular execution of services the customer is obliged to contribute to a reasonable extent to terminate the problems and to avoid or to limit any possible damage. If the client detects differences between the description of the tour and the actual tour itself, he/she is obliged to inform immediately the tour guide or directly FUNACTIVE Tours Srl. The local operator/organizer will arrange to find a remedy, provided that it is possible. If the customer refrains intentionally to indicate the shortcomings, a claim for reduction cannot be made.
For the duration of the non-contractual supply of services of the tour until the remedy through FUNACTIVE Tours Srl the client after returning from the tour can demand an appropriate reduction of the tour prices (reduction). The reduction will not occur, if and as far as the customer refrains intentionally to indicate the shortcomings in time, to enable the organizer to find a remedy. Possible complaints must be received by FUNACTIVE Tours Srl in written form within 30 days after the contractual end of the tour.

17. Insurance for reimbursement of travelling expenses and insurance for return journey
If not explicitly included in the price, before departure, it is advisable to obtain a cancellation insurance as well as baggage and accident insurance. Insurance of this kind can be bought from the tour operator and each individual operator.
In addition an insurance for return journey can be obtained, which covers the costs of the return journey in case of accident or illness.

18. Court of jurisdiction
The court of jurisdiction and place of performance is in Bozen. The partners are obliged to try all ways of settling the difference before resulting in using the court.
We reserve the right to make changes in offers as well as due to errors, misprints and incorrect calculations.

19. Guarantee fund – protection of client’s money
Travel agencies in South Tyrol:
Travel agencies and offices in South Tyrol are covered by the government law nr. 3 from 20.02.2002. The clear rules give the consumer maximum security.

Excerpt from the above-mentioned law:
Item 12 (insurances)
(1) Before the opening of a travel agency the company has to complete, based on legal rules, a liability insurance against risks that could occur to customers on journeys, as well as the closure of a guarantee for execution of the contract for the client amounting at least € 1,550,000.00. This sum can be raised by the local government and must be published in the regional official gazette. A copy of the insurance policy must be obtained from the government department for tourism, trade and services before permission to open the travel agency can be obtained.
(The whole text of this law can be found on the internet website of the Province of Bozen http://www.provinz.bz.it/tourismus.htm)

Our travel agency obtained opening permission from the government on 28.02.2003 Prot.Nr.36.1/WG/rl/73.04.41/3966.

FUNACTIVE Tours Srl is covered by an insurance policy from the company Navale according to art. 15 and 16 of law no. 111 from 17th March 1995. According to art. 21 of the law from 17th March 1995 a guarantee fund is also necessary. In the case of a bankruptcy of the travel agency, according to art. 21 of law no. 111/95, the customer can claim back money from the ministry with reference to the refund of the paid travel price and/or rather the payment of the homeward journey on trips abroad.
The regulations of guarantee funds were defined in the Decree of the Prime Minister from 23/07/99 - national official gazette no. 249 from 12/10/1999.

Addenum
The general contract terms for individual services

a) Legal terms
The contracts that provide only transport, residence or other individual services, can not be classified as a tour package and are regulated according to state law 1084/77 (CCV): art. 1, no. 3 and no. 6, from art. 17 to 23; art. 24 to 31 for all contracts outside of the tour package as well as individual performance.

b) Terms of the contract
The following named above articles of the general contract terms can be used for the tour packages, which do not turn them into a travel package: art. 4 paragraph 1, Art. 5, art. 7, art. 8, art. 9, art 10 paragraph 1, art. 11, art. 15 and art. 17. The definitions of organizer, journey, etc., have to be replaced by legal entities from individual performance (seller, residence, etc.).

Data protection: The data processing is carried out by considering the regulations of Data Protection Act – by act of law no. 196/2003. Information is used for the concerted services. The person concerned has the rights in conformity with act of law no. 7.

Duty declaration according to state law no. 269/98 art. 16: The Italian law persecutes criminal offences in respect of prostitution and child pornography, even though they happen abroad.

Data record sheet
Technical organization: FUNACTIVE Tours Srl, Bahnhofstraße 3, I-39034 Toblach (BZ), VAT and tax number 02622710214, joint capital of € 20,000 deposited entirely, registered in the commercial register of Bozen, schedule of economic and administrative data number 192386
Our travel agency obtained opening permission from the government on 28.02.2003 Prot.Nr.36.1/WG/rl/73.04.41/3966.
Insurance: Navale Assicurazioni SpA, number 4169282R
All prices are indicated in Euro and were calculated based on the prevailing exchange rate in November 2010.

Validity of the catalogue and offers on the website:
November 2010 – November 2011