General Conditions of sale
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**Terms and Conditions of Sale**
**GENERAL TERMS AND CONDITIONS OF SALE FOR TOURIST PACKAGES AND SERVICES**
**PREMISE**
The portal alpecimbra.it ("Portal") hosts a technological platform ("Platform"), designed and developed by “FERATEL Media Technologies AG - 6020 Innsbruck · Maria-Theresien-Straße 8” and managed by AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI with its registered office at via Roma 60 – 38064 Folgaria (TN) – Registro Imprese Trento, Cap. Soc. € 382.292 I.V. – REA N. TN-111714 C.F. and P.IVA 01041970227 (hereinafter APT), which allows third-party providers ("Third-Party Sellers") and buyers to connect for the online sale of tourist services ("MarketPlace"). Within the MarketPlace, Third-Party Providers can also offer and sell their services and conclude the relevant purchase contracts with Users.
On the Portal, users can, therefore, purchase services sold by both APT and Third-Party Providers. The Portal always clearly indicates whether the service is sold by APT or by a Third-Party Provider. As a mere provider and technical manager of the Platform, APT is not a party to the sales contract between the User and the Third-Party Provider, which is concluded exclusively between the Third-Party Seller and the User under the conditions and terms of the applicable General Contract Conditions.
Through the Platform, users can also purchase products and/or services offered for sale on Partner or Related Sites where APT operates as the provider of registration and sales services ("Sites powered by APT"). The following are the general contract conditions of APT, i.e., the general sales conditions applicable to services specifically indicated on the Portal as "sold by APT" and services offered for sale on Partner or Related Sites, if the purchase contract for such services is concluded through the Platform. The general sales conditions of each Third-Party Provider are made available in the details of each service, accessible by clicking on the link provided in the purchase summary at each stage of the purchase process.
**1. GENERAL PROVISIONS**
* **1.1 These General Contract Conditions (hereinafter: CGC) govern the contracts established by the User with the Tourist Operator through APT for the technical management of requests and bookings of tourist packages, non-hotel tourist services, and hotel tourist services provided by hotel facilities recognized by the Autonomous Province of Trento, including private apartments, campsites, and refuges, and all activities offered in the Alpe Cimbra territory.
* **1.2 These CGCs are viewable by the User during the booking process and are also published on the alpecimbra.it portal.
* **1.3 The Tourist Operator reserves the right to insert specific contractual provisions in its Web Client section, visible to the User during the booking process.
* **1.4 In such cases, these specific provisions of the Tourist Operator will always prevail over any provisions in the CGC that regulate the same aspects.
* **1.5 In any case, where the User is a Consumer, the provisions contained in Legislative Decree no. 79 of 2011 (Tourism Code) and, as far as compatible, Legislative Decree no. 206 of 06/09/2005 (Consumer Code), particularly the provisions of Articles 50 et seq., as well as those generally applicable under Legislative Decree No. 70 of 09/04/2003 on information society services in the internal market, with particular reference to e-commerce, shall apply to contracts concluded by the User.
**2. DEFINITIONS**
For the application of these CGC, the following terms, whether in the singular or plural, have the following meanings:
* **USER:** the person who accesses the Platform, also to conclude booking contracts or send booking requests for Tourist Packages or at accommodation facilities or non-hotel activities located or carried out in the Alpe Cimbra territory.
* **CONSUMER:** a natural person who uses the Platform for purposes unrelated to any business, commercial, artisanal, or professional activity.
* **ACCOMMODATION OPERATOR:** Tourism Operator in the hotel and non-hotel accommodation sector located in the Alpe Cimbra territory, having an operational headquarters in the Alpe Cimbra territory, accessing the Platform by signing an agreement with APT.
* **NON-ACCOMMODATION OPERATOR:** Tourism Operator in the non-hotel sector located in the Alpe Cimbra territory, having an operational headquarters in the Alpe Cimbra territory, accessing the Platform by signing an agreement with APT.
* **FACILITY:** refers to the accommodation facility managed by the Accommodation Operator and bookable through the Platform.
* **ACTIVITY:** refers to the non-hotel activity managed by the Non-Accommodation Operator and bookable through the Platform.
* **PLATFORM:** refers to the software for the technical management of bookings and requests for Tourist Packages and services provided by hotel and non-hotel accommodation facilities, including private apartments, campsites, and refuges, and by non-accommodation Operators. The Platform may be hosted on both the Portal and Related and Partner Sites.
* **AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI:** is the company based in Folgaria (TN) - Via Roma 60 - that operates for the promotion and commercialization of the Facilities and Activities in the Alpe Cimbra territory.
* **PORTAL:** the domain alpecimbra.it is the site used by AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI and that hosts the Platform.
* **RELATED AND PARTNER SITES:** are all the information and promotional commercial sites of the tourist offer of the Alpe Cimbra territory, respectively managed by APT, or that, although not managed by APT, host the "Booking" box/widget of the Platform in relation to specific promotional commercial initiatives.
* **ALPE CIMBRA:** refers to the territory that includes Folgaria, Lavarone, and Luserna with their respective fractions.
* **INFORMATION:** includes the information and materials related to hotel and non-hotel accommodation facilities, activities, and tourist packages bookable on the alpecimbra.it Portal and on Related and Partner Sites, directly published by them (or provided by them in the case of publication by third parties) and concerning the description of the Facility and Activities, including their characteristics, the services provided, room/accommodation availability, prices and offers, images (including photos/videos/audio-video), and any further and different information or image published and disseminated by the Accommodation and Non-Accommodation Operators.
* **WEB CLIENT:** the administration tool available to the Accommodation and Non-Accommodation Operators for entering and updating their technical sheets containing the Information related to their Facility or Activity.
* **BOOKING:** any order relating to the tourist service in the form of a tourist package or accommodation and non-accommodation service, selected or requested by the User through the "Booking" box/widget of the Platform.
* **BOOKING CONFIRMATION:** the electronic communication (email) confirming the requested service that the Platform automatically generates and sends to the User and the selected Accommodation or Non-Accommodation Operator.
* **CANCELLATION POLICY:** terms of booking cancellation.
* **NO SHOW:** the User's failure to present at the booked Facility or Activity, without prior regular cancellation in accordance with the prescriptions contained in these CGC or the applicable Cancellation Policy.
* **OVERBOOKING:** a situation that occurs when the accommodation facility or activity accepts more bookings than available spots.
**3. PREMISE AND DEFINITION OF TOURIST PACKAGE**
Premised:
* a) that the organizer and seller of the tourist package, whom the consumer contacts, must be authorized to perform the activity.
* b) that the consumer has the right to receive a copy of the tourist package sales contract (pursuant to Article 35 of Legislative Decree No. 79 of May 23, 2011, hereinafter simply the Tourism Code), which is an indispensable document for eventually accessing the Guarantee Fund mentioned in point 19 of these General Sales Conditions.
* c) that the general notion of "tourist package" (pursuant to Legislative Decree 62 of May 21, 2018) is as follows: "tourist packages include trips, vacations, all-inclusive tours, and tourist cruises, resulting from the combination, in any way achieved, of at least two of the following elements, sold or offered for sale at an all-inclusive price: - transport;
- accommodation;
- tourist services not ancillary to transport or accommodation under Article 36, which constitute, for the satisfaction of tourists' recreational needs, a significant part of the tourist package.”
The combination of at least two different types of tourist services for the same trip or vacation, if at least one of the following conditions occurs:
* 1) these services are combined by a single professional, even at the request of the traveler or according to their selection, before a single contract is concluded for all services;
* 2) these services, even if concluded with separate contracts with individual providers of tourist services, are:
* 2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
* 2.2) offered, sold, or invoiced at an all-inclusive or global price;
* 2
.3) advertised or sold under the name "package" or similar term;
* 2.4) combined after concluding a contract whereby the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from different professionals through linked online booking processes where the traveler's name, payment details, and email address are transmitted by the professional with whom the first contract is concluded to one or more other professionals.
**4. MANDATORY INFORMATION - TECHNICAL SHEET**
* a) The destination, duration, start and end date correspond to those of the tourist package chosen by the tourist through the online booking platform on the official APT website – www.alpecimbra.it – as well as any other sites, channels, or web booking devices managed directly by APT or by other APT partner subjects under specific collaboration agreements. The same information can also be provided through any brochures or other informational supports, in paper or digital format, specially created by APT.
* b) The organizer of the trip offered as a tourist package is AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI, with its headquarters in Folgaria (TN), Via Roma 60 – 38064 Folgaria (TN) P.IVA and C.F. 01041970227 - TEL: 0464 724100 - PEC: alpecimbra@pec.alpecimbra.it
* c) The start date of the travel agency and tourism activity (organization, promotion, and sale of services and tourist packages) dates back to 10/09/1990.
* d) The price of the tourist package or activity is determined in the contract with reference to what is indicated on the online booking platform on the official APT tourism site www.alpecimbra.it – as well as any other sites, channels, or web booking devices managed directly by APT or by other APT partner subjects under specific collaboration agreements – and any updates to the platform subsequently intervened.
* e) The program is available on the official APT tourism portal – www.alpecimbra.it – as well as any other sites, channels, or web booking devices managed by APT partners under specific collaboration agreements. The program can also be made available to the customer through any brochures or other informational supports, in paper or digital format, specially created by APT.
**5. CONTRACT AND MODALITIES OF BOOKING CONCLUSION THROUGH THE PLATFORM**
* **5.1 Through the Platform, the User directly concludes a contract with the chosen Facility or Activity, relating to the booking and provision of accommodation or other services, as well as additional performances that the Accommodation or Non-Accommodation Operator undertakes to perform for the User, in exchange for a monetary compensation from the User.
* **5.2 The additional performances undertaken by the Accommodation or Non-Accommodation Operator are aimed at allowing the enjoyment of the booked service, according to the type of the chosen facility or activity and in line with the quality levels associated with its classification or category.
* **5.3 The booking of tourist packages, the accommodation or non-accommodation tourist service selected by the User on the Platform, is followed by a confirmation message (email) that APT – automatically and on behalf of the chosen Facility or Activity – sends to the User and the selected Accommodation or Non-Accommodation Operator summarizing the booking conditions related to the Facility or Activity itself. In the confirmation email/letter, the organizer will provide the consumer with all the indications provided for by Article 37, paragraph 2, of the Tourism Code, if not already included in the contractual documents, brochures, website, or other written communication means.
* **5.4 In particular, in addition to the summary of the general and specific conditions applicable to the contract, the confirmation message contains, also pursuant to Article 13 of Legislative Decree 70/2003, information related to the essential characteristics of the booked service, the indication of the price, the payment methods, as well as any amounts required as a deposit.
* **5.5 The chosen facility or activity may request the User to provide a form of booking guarantee under Articles 7 and 8 or the full payment of the stay or service intended to be booked. In this latter case, if the Accommodation or Non-Accommodation Operator provides for the non-refundability of the prepaid amount ("not refundable"), the amount paid will not be refunded in case of cancellation.
* **5.6 At the end of the booking process, the Accommodation or Non-Accommodation Operator is directly bound to provide the booked tourist service to the User, and the User is bound to the Accommodation or Non-Accommodation Operator according to the specifications in the confirmation email.
* **5.7 The booking of a package, an Accommodation Facility, or an Activity through the Platform can also be made at authorized tourist offices with the support of an operator.
* **5.8 The tourist office operators will not provide any advice but will simply make the Platform available to the User.
* **5.9 The order of presentation of the bookable facilities or activities on the Platform is random and does not follow classification or quality criteria, as the selected facilities result from the search conducted by the User directly (or by the tourist office Operators) at the time of querying the Platform, based on the following parameters: location, period, duration of stay, number of accommodations required, number of participants, chosen activity, and any filter related to the requested services.
* **5.10 The User acknowledges that APT reserves the right to independently regulate the order of presentation of facilities and activities bookable on the Platform in special cases (events, promotions, ...), under its exclusive responsibility.
**6. DESCRIPTIVE AND BOOKING DATA**
* **6.1 The indications related to the service to be booked are contained in the notes and details of the offer, known and consultable by the User before concluding the booking process.
* **6.2 Descriptive data refers to Information related to tourist packages, accommodation facilities, and activities bookable on the Platform, concerning the description of the Facility and Activity, including their characteristics, the services provided, images (including photos/videos/audio-video), and any other information or image published or disseminated by the Facilities or Activities. Booking data concerns room/accommodation availability, prices, offers, etc.
* **6.3 All Information related to Facilities and Activities is published on the Platform directly and autonomously by the Accommodation or Non-Accommodation Operators or by APT or specifically appointed third parties.
* **6.4 The Accommodation or Non-Accommodation Operator is the sole and direct responsible towards the User for the accuracy, completeness, truthfulness, and updating of the inserted data, including prices, as well as for room and accommodation availability, even when the data is entered by APT or third parties specifically appointed under their instruction, particularly regarding:
* a) their content, nature, accuracy, completeness, truthfulness, updating, and compliance with the law, including information related to room/accommodation availability and prices, as well as the quality of the offered service;
* b) the legality or right to use any materials and/or files that the facility itself decides to upload or refer to by means of hyperlinks and/or for any hyperlinks to third-party sites.
* c) compliance with any legal obligations related to their activity or the online contract conclusion with the User (e.g., information to the User under the Consumer Code or the Tourism Code).
* **6.5 The Platform merely displays the aforementioned Information "as is" and "as available," without any verification by APT.
* **6.6 APT does not and cannot perform any verification on the Information and materials published by the Facilities directly or through appointed subjects and therefore does not guarantee or take any responsibility for any damages or losses suffered by the User connected or dependent on the circumstances mentioned in Article 6.4 (a), (b), and (c).
**7. PAYMENT BY CREDIT CARD**
* **7.1 When booking Tourist Packages or individual services offered by Accommodation or Non-Accommodation Operators, the User will be asked to make the total or partial payment of the booked Tourist Package or services via credit card. The accepted credit cards for payment are clearly indicated at the time of booking.
* **7.2 During the booking process, the User will be asked to enter credit card details directly on the Platform in the case of online transactions or provide them to the tourist office operators in the case of using the Platform at the latter, in ways that preserve the confidentiality and protection of the provided data.
* **7.3 Acceptance of these CGC constitutes prior authorization for the Credit Institution to use the data entered by the User in case of penalty application.
* **7.4 The data provided by the User is managed by information systems that meet PCI DSS (Payment Card Industry Data Security Standard) standards. All transactions occur through protected connections via SSL (Security Socket Layer) protection codes and the https (http secure) protocol.
* **7.5 Nevertheless, APT assumes no responsibility for the possibility of fraud, fraud, or abuse by third parties of credit card data collected during the booking process, unless this is attributable to acts or facts imputable to it by way of willful misconduct or gross negligence.
**8. GUARANTEES – CONFIRMATORY DEPOSIT BY CREDIT CARD**
* **8.1 The Accommodation and Non-Accommodation Operators have the option to request a sum of money from the User as a confirmatory deposit under Article 1385 of the Civil Code and possibly an advance on the balance due as a booking guarantee for their structure or activity.
* **8.2 This deposit represents a percentage of the total booked service, calculated based on the measure communicated by the Accommodation or Non-Accommodation Operator to the User, who makes the payment via credit card.
* **
8.3 The deposit – once effectively paid – is retained (also) as an advance on the price of the stay or activity.
* **8.4 If, after providing the confirmatory deposit, the User defaults, the Accommodation or Non-Accommodation Operator may withdraw from the contract and retain the paid deposit; if the Accommodation or Non-Accommodation Operator defaults, the User may withdraw from the contract and demand double the amount paid under this article.
* **8.5 The User, by choosing to make the deposit payment by credit card and providing the related data during the booking process, mandates the Accommodation or Non-Accommodation Operator to retain the stipulated amount as a confirmatory deposit by debiting it to the User's credit card. It is understood that if the aforementioned debit operation is refused, the Accommodation or Non-Accommodation Operator will be free to release itself from the booking without incurring any responsibility. APT is entirely unrelated to this operation and therefore has no responsibility in this regard.
* **8.6 In case of a booking requiring a deposit payment by credit card, the User and the Accommodation or Non-Accommodation Operator agree to comply with the terms of this article.
* **8.7 If the Accommodation or Non-Accommodation Operator does not have a VAT number or is not structured to manage the credit card transaction, APT will manage the economic transaction by collecting the due amount on behalf of the operator and then accordingly compensating with the latter. Therefore, it is understood that the User, by choosing to make the deposit payment by credit card and providing the related data during the booking process, mandates not only the Accommodation or Non-Accommodation Operator to retain the stipulated amount as a confirmatory deposit by debiting it to the User's credit card but also APT.
**9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE**
Before the start of the booked stay, if the organizer needs to significantly modify one or more elements of the contract, they must immediately notify the consumer in writing, indicating the type of modification and the resulting price variation. If the modifications are not accepted, the tourist may withdraw without paying any penalty, reclaiming what was already paid, or enjoy an offer of a substitute tourist package. The consumer may exercise the above rights even when the cancellation is due to force majeure and unforeseeable circumstances. For cancellations other than those caused by force majeure, unforeseeable circumstances, or the consumer's failure to accept the alternative tourist package offered, the organizer who cancels must return to the consumer what has already been paid. The refund amount will never exceed twice the amounts the consumer would owe on the same date under point 8 of these General Sales Conditions if they had canceled the departure themselves.
**10. WITHDRAWAL CANCELLATION OF BOOKING – NO SHOW BY THE CONSUMER**
* **10.1 Under Article 55, paragraph 1, letter b) of Legislative Decree no. 206 of 06/09/2005 (Consumer Code), the right of withdrawal provided for by Article 64 of the same Code does not apply to contracts for the provision of accommodation services.
* **10.2 Concerning the User's booking cancellation, these CGCs detailed in Article 11 or, where applicable, the cancellation conditions provided by the individual Accommodation Operator, under what is established in the previous point 1, apply.
* **10.3 The User who intends to cancel a booking made through the Platform in a free cancellation regime may do so independently via the link provided in the booking confirmation email. The User who instead intends to cancel a booking made through the Platform in a NON-free cancellation regime must give written notice via email to incoming@alpecimbra.it. It is understood that the cancellation notice made in a non-free cancellation regime, within the agreed terms, from the User to APT, will be forwarded to the selected structure that will apply any penalties provided.
* **10.4 Notwithstanding the provision of different terms by the Accommodation and Non-Accommodation Operator (in which case these latter will apply), the cancellation conditions provided in Article 11 will apply.
* **10.5 The refund will be made within 30 days from the necessary cancellation operations, as determined by the previous paragraph.
* **10.6 If the cancellation occurs after the established term or does not occur at all (so-called No Show), the Accommodation or Non-Accommodation Operator may apply the sanctions detailed in Article 11, notwithstanding the provision of different terms by the Accommodation and Non-Accommodation Operator (in which case these latter will apply).
* **10.7 No Show is considered the User's failure to present at the booked structure by 8:00 pm on the established day unless otherwise agreed.
* **10.8 Any modification by the User of the duration of the already booked stay and/or the reduction of the number of reserved accommodations must be directly agreed upon with the booked structure, without prejudice to the latter's right to invoke the provisions of this article where applicable.
**11. MANAGEMENT OF RECEIPTS AND CANCELLATIONS**
* **11.1 It is understood that all Accommodation or Non-Accommodation Operators are free to decide their cancellation and receipt policies. These policies, where indicated, will determine the application of penalties, and the credit card receipt will be directly handled by the Accommodation or Non-Accommodation Operator.
* **11.2 Where no specific cancellation policies are expressly indicated, the general location policies detailed in the table below will apply. In this case, the receipt will be directly managed by APT, which will then transfer the due amount to the Accommodation or Non-Accommodation Operator.
| DEPOSIT AT BOOKING | BALANCE | CANCELLATION UP TO 16 DAYS BEFORE ARRIVAL | CANCELLATION FROM 15 DAYS BEFORE ARRIVAL |
| ------------------- | ------- | ----------------------------------------- | ---------------------------------------- |
| ACCOMMODATION | 100% (of which 30% as deposit) | At the time of booking | The paid deposit of 30% will be retained and 70% refunded | 100% of the paid amount will be retained |
| NON-ACCOMMODATION | 100% (of which 30% as deposit) | At the time of booking | The paid deposit of 30% will be retained and 70% refunded | 100% of the paid amount will be retained |
| PACKAGES | 100% (of which 30% as deposit) | At the time of booking | The paid deposit of 30% will be retained and 70% refunded | 100% of the paid amount will be retained |
* **11.3 The deposit will be automatically charged at the time of booking.
**12. SUBSTITUTE ACCOMMODATION: FORCE MAJEURE OR FORTUITOUS CASE – OVERBOOKING**
* **12.1 By sending the booking, the Accommodation Operator is directly bound to the User and cannot withdraw from the booking or cancel it, even partially, being obliged to provide the booked service unless the performance has become impossible due to force majeure or fortuitous case, or save in cases of non-fulfillment by the User provided in express termination clauses.
* **12.2 In such cases, the contract with the User is resolved, and the Accommodation Operator must purely and simply return what was eventually received from the User as a booking confirmation.
* **12.3 However, and always with the Guest's consent, the Accommodation Operator may provide the User with alternative accommodation, substituting the booked one, provided that the first has equivalent or superior characteristics to the latter.
* **12.4 Conversely, if the booked service is unavailable due to overbooking or other reasons attributable to the structure (such as for prominent management reasons), the latter must offer an alternative arrangement of an equivalent or superior category to the booked one within the same structure or, possibly, at another structure located in the same place or nearby, belonging to at least an equivalent category to the Accommodation Operator and offering similar or superior services.
* **12.5 Any additional costs for the substitute accommodation are entirely borne by the Accommodation Operator.
* **12.6 However, if the User refuses the substitute accommodation, they are entitled to a refund of double the confirmatory deposit eventually paid at the time of booking unless no deposit was paid, in which case the Accommodation Operator must pay the User, as a penalty, an amount of money equal to 20% of the total originally booked stay.
* **12.7 Similarly, if the Accommodation Operator fails or refuses to find alternative accommodation with the described characteristics and the User paid a confirmatory deposit, the Accommodation Operator must refund double the received deposit. Conversely, if no confirmatory deposit was paid, the Accommodation Operator must pay the User, as a penalty, an amount of money equal to 50% of the total originally booked stay.
* **12.8 Without prejudice to the User's credit claims against the Accommodation Operator, APT – where possible and in case of the Accommodation Operator's inertia – may seek alternative accommodation for the User through the Platform, substituting the booked one, with equivalent or superior characteristics to the latter. It is understood that:
* the User must pay the new structure identified by APT the compensation requested by the latter for the substitute accommodation according to the applicable rate;
* APT does not guarantee in any way the User's credit claims against the replaced Accommodation Operator;
* the User cannot in any way demand APT to pay any amounts paid to the replaced Accommodation Operator, even as a deposit, nor can they demand compensation from APT for any breaches by the latter.
**13. GUEST'S RIGHTS**
* **13.1 From the start of the stay, the guest acquires the right to use the rented units, their furnishings, and the structures normally and without particular conditions available to guests.
**14. USER'S OBLIGATIONS**
* **14.1 When booking, the User must enter truthful data, specifically concerning the age and number of people
for whom the booking is made.
* **14.2 From the time of booking, for any request and/or modification, the User must directly contact the selected Accommodation Facility.
* **14.3 Partial booking modifications must be requested – exclusively in writing – to the booked structure, which, compatible with its organizational needs, may confirm or refuse the request or agree with the User on modifications to the originally agreed conditions in the terms and ways it deems appropriate. In particular, Article 15.2 applies.
* **14.4 The User's payment of the monetary compensation, if compatible with the payment conditions indicated during booking, must be made directly to the booked accommodation facility, net of any paid deposit retained as an advance, subject to compliance with legal requirements regarding cash payments.
* **14.5 Before using unusual electrical appliances, the Guest must request prior authorization from the Accommodation Operator.
* **14.6 General rules on compensation apply to any damage caused by the customer.
* **14.7 Therefore, the User is responsible for any act or deed directly or indirectly attributable to them (as caused by persons under their responsibility) from which damage to the Accommodation Operator or third parties arises.
**15. ACCOMMODATION OPERATOR'S RIGHTS**
* **15.1 In case of payment refusal or delay by the Client in paying the due amount, the Accommodation Operator has the right to retain the guest's belongings in the accommodation structure to guarantee their credit right for the services provided.
* **15.2 If, at check-in, the number of adults and children and their respective ages differ from those declared during booking, the Accommodation Operator may replace the assigned accommodation with a more suitable one, if available, or request an integration of the originally agreed compensation or cancel the booking for the User's fault and detriment, retaining the paid deposit.
* **15.3 The Accommodation Operator has the right to remove the Client from the accommodation structure if:
* a) they use the premises to the detriment of the property or make coexistence with other guests intolerable, behaving inconsiderately, scandalously, or in any case inconsiderately, or are responsible for criminally relevant conduct towards the Accommodation Operator, staff, and/or persons in the accommodation structure;
* b) they suffer from a contagious disease or a disease whose course exceeds the agreed stay period or if special care is required;
* c) they fail to pay the requested and due amount within the agreed terms.
**16. ACCOMMODATION OPERATOR'S OBLIGATIONS**
* **16.1 The Accommodation Operator is obliged to offer the agreed service according to the quality standards suitable to the type of booked service and the chosen Accommodation Facility's classification.
**17. ANIMALS**
* **17.1 Animals can generally be introduced into the accommodation structure, with prior authorization from the Accommodation Operator and possibly for a fee. This authorization must be verified at the time of booking.
**18. RESPONSIBILITY**
* **18.1 The User acknowledges and accepts that no responsibility can be attributed to APT:
* for the failure to conclude bookings through the Platform, for any erroneous bookings, for any direct or indirect damages caused by the temporary impossibility of using the Platform due to causes not attributable to APT, or for any direct or indirect damages resulting from the abusive use by third parties;
* for non-performance or delay in the performance of the contract concluded between the User and the Accommodation and Non-Accommodation Operator. In particular, it cannot be held liable to the User for the so-called "overbooking" phenomenon;
* concerning the data or contents entered or communicated to APT by the individual structure, which is solely and directly responsible towards it for the correctness, completeness, translation, and updating of the data consultable through the Platform, as well as for room and accommodation availability, for the indicated prices, for the quality of the offered services, and for the information, including photographic, published on the Portal or Partner Sites hosting the APT Platform.
* if the aforementioned data or contents infringe third-party rights (e.g., image rights, copyrights, trademarks, etc.);
* in case the credit card data usage operation for booking fails due to lack of coverage or causes different from those under investigation or occurring after the booking.
**19. SUSPENSION OF ACCESS AND USE OF THE PLATFORM**
* **19.1 The User declares to be aware that APT may or must temporarily suspend or permanently inhibit access and use of the Platform in the following cases:
* a) for force majeure or fortuitous case;
* b) by order of the Authority;
* c) for improvement, repair, maintenance work.
* **19.2 In the case of letter c), APT undertakes to make access to the Platform possible as soon as possible, provided that it depends on APT itself and falls within its intervention power.
**20. COMPETENT COURT**
Except as provided by Article 63 of the Consumer Code, for any dispute, the Court of Trento will have jurisdiction.
**GENERAL CONTRACT TERMS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES**
**1. LEGAL PROVISIONS**
Contracts for the offer of only transport, accommodation, or any other separate tourist service, as they cannot be configured as travel organization or tourist package contracts, are governed by the following provisions of the CCV Article 1, Nos. 5 and 6; Articles 17 to 23; Articles 24 to 31, concerning the provisions other than those related to the organization contract, as well as other agreements specifically related to the sale of the individual service object of the contract.
**2. CONTRACT TERMS**
These conditions also apply to the following clauses and general contract conditions of the sale of tourist packages mentioned in point 5, paragraph 1; point 6; point 8; point 9; point 10; point 11, paragraph 1; point 12; point 16; point 18. The application of these clauses does not absolutely determine the configuration of the related contracts as a tourist package. The terminology of the mentioned clauses related to the tourist package contract (travel organizer, etc.) must therefore be understood as a reference to the corresponding figures of the individual tourist service sales contract (seller, stay, etc.).
**3. CANCELLATION PENALTIES**
The Consumer who withdraws from the contract will be charged the following penalties:
* 30% of the total package price, in case of withdrawal up to 16 days before the booked service's start date;
* 100% of the total package price, in case of withdrawal from 15 days before the booked service's start date.
The same amounts must be paid by those who cannot make the trip due to the lack or irregularity of the required personal travel documents.
In any cancellation case, booking fees will be retained.
In case of late arrival and/or early departure, the rate will not be modifiable or refundable.
This package does not include travel insurance against cancellation, accidents, illnesses, or force majeure.
If you wish to be more protected, we invite you to take out additional insurance within 24 hours of booking.
**4. VISAS AND PERSONAL DOCUMENTS**
Please carefully check the validity of personal documents. If the trip cannot be made due to the lack and/or irregularity of the documents, no refund will be due. Non-EU citizens or those with a non-Italian passport must contact their Consulate to obtain the necessary information.
**INFORMATION EX ART. 13 D.LGS. 196/03 et seq. (Personal Data Protection)**
The processing of personal data – the provision of which is necessary for the conclusion and execution of the contract – is carried out in full compliance with Legislative Decree 196/2003, in paper and digital form. Data will only be communicated to competent authorities, insurance companies, correspondents, and service providers included in the package or those for whom data transmission is necessary for contract conclusion and related services. Data may also be communicated to tax, accounting, and legal consultants to fulfill obligations and/or exercise rights in legal settings. The customer can exercise their rights under Article 7 of Legislative Decree 196/2003 at any time by contacting AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI, the data controller. Further information on personal data processing, the content published on the website www.alpecimbra.it, and its use by users are available on the following page of the site: https://www.alpecimbra.it/it/homepage/privacy/5-0.html
The contractor declares to have read and accepted the terms of this contract.
Date and place
Contractor's signature
___________________
Also declares, pursuant to and for the effects of Article 1341 and following of the Civil Code, to accept the clauses of the above CGV.
Date and place
Contractor's signature
___________________
**Terms and Conditions of Sale**
**GENERAL TERMS AND CONDITIONS OF SALE FOR TOURIST PACKAGES AND SERVICES**
**PREMISE**
The portal alpecimbra.it ("Portal") hosts a technological platform ("Platform"), designed and developed by “FERATEL Media Technologies AG - 6020 Innsbruck · Maria-Theresien-Straße 8” and managed by AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI with its registered office at via Roma 60 – 38064 Folgaria (TN) – Registro Imprese Trento, Cap. Soc. € 382.292 I.V. – REA N. TN-111714 C.F. and P.IVA 01041970227 (hereinafter APT), which allows third-party providers ("Third-Party Sellers") and buyers to connect for the online sale of tourist services ("MarketPlace"). Within the MarketPlace, Third-Party Providers can also offer and sell their services and conclude the relevant purchase contracts with Users.
On the Portal, users can, therefore, purchase services sold by both APT and Third-Party Providers. The Portal always clearly indicates whether the service is sold by APT or by a Third-Party Provider. As a mere provider and technical manager of the Platform, APT is not a party to the sales contract between the User and the Third-Party Provider, which is concluded exclusively between the Third-Party Seller and the User under the conditions and terms of the applicable General Contract Conditions.
Through the Platform, users can also purchase products and/or services offered for sale on Partner or Related Sites where APT operates as the provider of registration and sales services ("Sites powered by APT"). The following are the general contract conditions of APT, i.e., the general sales conditions applicable to services specifically indicated on the Portal as "sold by APT" and services offered for sale on Partner or Related Sites, if the purchase contract for such services is concluded through the Platform. The general sales conditions of each Third-Party Provider are made available in the details of each service, accessible by clicking on the link provided in the purchase summary at each stage of the purchase process.
**1. GENERAL PROVISIONS**
* **1.1 These General Contract Conditions (hereinafter: CGC) govern the contracts established by the User with the Tourist Operator through APT for the technical management of requests and bookings of tourist packages, non-hotel tourist services, and hotel tourist services provided by hotel facilities recognized by the Autonomous Province of Trento, including private apartments, campsites, and refuges, and all activities offered in the Alpe Cimbra territory.
* **1.2 These CGCs are viewable by the User during the booking process and are also published on the alpecimbra.it portal.
* **1.3 The Tourist Operator reserves the right to insert specific contractual provisions in its Web Client section, visible to the User during the booking process.
* **1.4 In such cases, these specific provisions of the Tourist Operator will always prevail over any provisions in the CGC that regulate the same aspects.
* **1.5 In any case, where the User is a Consumer, the provisions contained in Legislative Decree no. 79 of 2011 (Tourism Code) and, as far as compatible, Legislative Decree no. 206 of 06/09/2005 (Consumer Code), particularly the provisions of Articles 50 et seq., as well as those generally applicable under Legislative Decree No. 70 of 09/04/2003 on information society services in the internal market, with particular reference to e-commerce, shall apply to contracts concluded by the User.
**2. DEFINITIONS**
For the application of these CGC, the following terms, whether in the singular or plural, have the following meanings:
* **USER:** the person who accesses the Platform, also to conclude booking contracts or send booking requests for Tourist Packages or at accommodation facilities or non-hotel activities located or carried out in the Alpe Cimbra territory.
* **CONSUMER:** a natural person who uses the Platform for purposes unrelated to any business, commercial, artisanal, or professional activity.
* **ACCOMMODATION OPERATOR:** Tourism Operator in the hotel and non-hotel accommodation sector located in the Alpe Cimbra territory, having an operational headquarters in the Alpe Cimbra territory, accessing the Platform by signing an agreement with APT.
* **NON-ACCOMMODATION OPERATOR:** Tourism Operator in the non-hotel sector located in the Alpe Cimbra territory, having an operational headquarters in the Alpe Cimbra territory, accessing the Platform by signing an agreement with APT.
* **FACILITY:** refers to the accommodation facility managed by the Accommodation Operator and bookable through the Platform.
* **ACTIVITY:** refers to the non-hotel activity managed by the Non-Accommodation Operator and bookable through the Platform.
* **PLATFORM:** refers to the software for the technical management of bookings and requests for Tourist Packages and services provided by hotel and non-hotel accommodation facilities, including private apartments, campsites, and refuges, and by non-accommodation Operators. The Platform may be hosted on both the Portal and Related and Partner Sites.
* **AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI:** is the company based in Folgaria (TN) - Via Roma 60 - that operates for the promotion and commercialization of the Facilities and Activities in the Alpe Cimbra territory.
* **PORTAL:** the domain alpecimbra.it is the site used by AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI and that hosts the Platform.
* **RELATED AND PARTNER SITES:** are all the information and promotional commercial sites of the tourist offer of the Alpe Cimbra territory, respectively managed by APT, or that, although not managed by APT, host the "Booking" box/widget of the Platform in relation to specific promotional commercial initiatives.
* **ALPE CIMBRA:** refers to the territory that includes Folgaria, Lavarone, and Luserna with their respective fractions.
* **INFORMATION:** includes the information and materials related to hotel and non-hotel accommodation facilities, activities, and tourist packages bookable on the alpecimbra.it Portal and on Related and Partner Sites, directly published by them (or provided by them in the case of publication by third parties) and concerning the description of the Facility and Activities, including their characteristics, the services provided, room/accommodation availability, prices and offers, images (including photos/videos/audio-video), and any further and different information or image published and disseminated by the Accommodation and Non-Accommodation Operators.
* **WEB CLIENT:** the administration tool available to the Accommodation and Non-Accommodation Operators for entering and updating their technical sheets containing the Information related to their Facility or Activity.
* **BOOKING:** any order relating to the tourist service in the form of a tourist package or accommodation and non-accommodation service, selected or requested by the User through the "Booking" box/widget of the Platform.
* **BOOKING CONFIRMATION:** the electronic communication (email) confirming the requested service that the Platform automatically generates and sends to the User and the selected Accommodation or Non-Accommodation Operator.
* **CANCELLATION POLICY:** terms of booking cancellation.
* **NO SHOW:** the User's failure to present at the booked Facility or Activity, without prior regular cancellation in accordance with the prescriptions contained in these CGC or the applicable Cancellation Policy.
* **OVERBOOKING:** a situation that occurs when the accommodation facility or activity accepts more bookings than available spots.
**3. PREMISE AND DEFINITION OF TOURIST PACKAGE**
Premised:
* a) that the organizer and seller of the tourist package, whom the consumer contacts, must be authorized to perform the activity.
* b) that the consumer has the right to receive a copy of the tourist package sales contract (pursuant to Article 35 of Legislative Decree No. 79 of May 23, 2011, hereinafter simply the Tourism Code), which is an indispensable document for eventually accessing the Guarantee Fund mentioned in point 19 of these General Sales Conditions.
* c) that the general notion of "tourist package" (pursuant to Legislative Decree 62 of May 21, 2018) is as follows: "tourist packages include trips, vacations, all-inclusive tours, and tourist cruises, resulting from the combination, in any way achieved, of at least two of the following elements, sold or offered for sale at an all-inclusive price: - transport;
- accommodation;
- tourist services not ancillary to transport or accommodation under Article 36, which constitute, for the satisfaction of tourists' recreational needs, a significant part of the tourist package.”
The combination of at least two different types of tourist services for the same trip or vacation, if at least one of the following conditions occurs:
* 1) these services are combined by a single professional, even at the request of the traveler or according to their selection, before a single contract is concluded for all services;
* 2) these services, even if concluded with separate contracts with individual providers of tourist services, are:
* 2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
* 2.2) offered, sold, or invoiced at an all-inclusive or global price;
* 2
.3) advertised or sold under the name "package" or similar term;
* 2.4) combined after concluding a contract whereby the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from different professionals through linked online booking processes where the traveler's name, payment details, and email address are transmitted by the professional with whom the first contract is concluded to one or more other professionals.
**4. MANDATORY INFORMATION - TECHNICAL SHEET**
* a) The destination, duration, start and end date correspond to those of the tourist package chosen by the tourist through the online booking platform on the official APT website – www.alpecimbra.it – as well as any other sites, channels, or web booking devices managed directly by APT or by other APT partner subjects under specific collaboration agreements. The same information can also be provided through any brochures or other informational supports, in paper or digital format, specially created by APT.
* b) The organizer of the trip offered as a tourist package is AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI, with its headquarters in Folgaria (TN), Via Roma 60 – 38064 Folgaria (TN) P.IVA and C.F. 01041970227 - TEL: 0464 724100 - PEC: alpecimbra@pec.alpecimbra.it
* c) The start date of the travel agency and tourism activity (organization, promotion, and sale of services and tourist packages) dates back to 10/09/1990.
* d) The price of the tourist package or activity is determined in the contract with reference to what is indicated on the online booking platform on the official APT tourism site www.alpecimbra.it – as well as any other sites, channels, or web booking devices managed directly by APT or by other APT partner subjects under specific collaboration agreements – and any updates to the platform subsequently intervened.
* e) The program is available on the official APT tourism portal – www.alpecimbra.it – as well as any other sites, channels, or web booking devices managed by APT partners under specific collaboration agreements. The program can also be made available to the customer through any brochures or other informational supports, in paper or digital format, specially created by APT.
**5. CONTRACT AND MODALITIES OF BOOKING CONCLUSION THROUGH THE PLATFORM**
* **5.1 Through the Platform, the User directly concludes a contract with the chosen Facility or Activity, relating to the booking and provision of accommodation or other services, as well as additional performances that the Accommodation or Non-Accommodation Operator undertakes to perform for the User, in exchange for a monetary compensation from the User.
* **5.2 The additional performances undertaken by the Accommodation or Non-Accommodation Operator are aimed at allowing the enjoyment of the booked service, according to the type of the chosen facility or activity and in line with the quality levels associated with its classification or category.
* **5.3 The booking of tourist packages, the accommodation or non-accommodation tourist service selected by the User on the Platform, is followed by a confirmation message (email) that APT – automatically and on behalf of the chosen Facility or Activity – sends to the User and the selected Accommodation or Non-Accommodation Operator summarizing the booking conditions related to the Facility or Activity itself. In the confirmation email/letter, the organizer will provide the consumer with all the indications provided for by Article 37, paragraph 2, of the Tourism Code, if not already included in the contractual documents, brochures, website, or other written communication means.
* **5.4 In particular, in addition to the summary of the general and specific conditions applicable to the contract, the confirmation message contains, also pursuant to Article 13 of Legislative Decree 70/2003, information related to the essential characteristics of the booked service, the indication of the price, the payment methods, as well as any amounts required as a deposit.
* **5.5 The chosen facility or activity may request the User to provide a form of booking guarantee under Articles 7 and 8 or the full payment of the stay or service intended to be booked. In this latter case, if the Accommodation or Non-Accommodation Operator provides for the non-refundability of the prepaid amount ("not refundable"), the amount paid will not be refunded in case of cancellation.
* **5.6 At the end of the booking process, the Accommodation or Non-Accommodation Operator is directly bound to provide the booked tourist service to the User, and the User is bound to the Accommodation or Non-Accommodation Operator according to the specifications in the confirmation email.
* **5.7 The booking of a package, an Accommodation Facility, or an Activity through the Platform can also be made at authorized tourist offices with the support of an operator.
* **5.8 The tourist office operators will not provide any advice but will simply make the Platform available to the User.
* **5.9 The order of presentation of the bookable facilities or activities on the Platform is random and does not follow classification or quality criteria, as the selected facilities result from the search conducted by the User directly (or by the tourist office Operators) at the time of querying the Platform, based on the following parameters: location, period, duration of stay, number of accommodations required, number of participants, chosen activity, and any filter related to the requested services.
* **5.10 The User acknowledges that APT reserves the right to independently regulate the order of presentation of facilities and activities bookable on the Platform in special cases (events, promotions, ...), under its exclusive responsibility.
**6. DESCRIPTIVE AND BOOKING DATA**
* **6.1 The indications related to the service to be booked are contained in the notes and details of the offer, known and consultable by the User before concluding the booking process.
* **6.2 Descriptive data refers to Information related to tourist packages, accommodation facilities, and activities bookable on the Platform, concerning the description of the Facility and Activity, including their characteristics, the services provided, images (including photos/videos/audio-video), and any other information or image published or disseminated by the Facilities or Activities. Booking data concerns room/accommodation availability, prices, offers, etc.
* **6.3 All Information related to Facilities and Activities is published on the Platform directly and autonomously by the Accommodation or Non-Accommodation Operators or by APT or specifically appointed third parties.
* **6.4 The Accommodation or Non-Accommodation Operator is the sole and direct responsible towards the User for the accuracy, completeness, truthfulness, and updating of the inserted data, including prices, as well as for room and accommodation availability, even when the data is entered by APT or third parties specifically appointed under their instruction, particularly regarding:
* a) their content, nature, accuracy, completeness, truthfulness, updating, and compliance with the law, including information related to room/accommodation availability and prices, as well as the quality of the offered service;
* b) the legality or right to use any materials and/or files that the facility itself decides to upload or refer to by means of hyperlinks and/or for any hyperlinks to third-party sites.
* c) compliance with any legal obligations related to their activity or the online contract conclusion with the User (e.g., information to the User under the Consumer Code or the Tourism Code).
* **6.5 The Platform merely displays the aforementioned Information "as is" and "as available," without any verification by APT.
* **6.6 APT does not and cannot perform any verification on the Information and materials published by the Facilities directly or through appointed subjects and therefore does not guarantee or take any responsibility for any damages or losses suffered by the User connected or dependent on the circumstances mentioned in Article 6.4 (a), (b), and (c).
**7. PAYMENT BY CREDIT CARD**
* **7.1 When booking Tourist Packages or individual services offered by Accommodation or Non-Accommodation Operators, the User will be asked to make the total or partial payment of the booked Tourist Package or services via credit card. The accepted credit cards for payment are clearly indicated at the time of booking.
* **7.2 During the booking process, the User will be asked to enter credit card details directly on the Platform in the case of online transactions or provide them to the tourist office operators in the case of using the Platform at the latter, in ways that preserve the confidentiality and protection of the provided data.
* **7.3 Acceptance of these CGC constitutes prior authorization for the Credit Institution to use the data entered by the User in case of penalty application.
* **7.4 The data provided by the User is managed by information systems that meet PCI DSS (Payment Card Industry Data Security Standard) standards. All transactions occur through protected connections via SSL (Security Socket Layer) protection codes and the https (http secure) protocol.
* **7.5 Nevertheless, APT assumes no responsibility for the possibility of fraud, fraud, or abuse by third parties of credit card data collected during the booking process, unless this is attributable to acts or facts imputable to it by way of willful misconduct or gross negligence.
**8. GUARANTEES – CONFIRMATORY DEPOSIT BY CREDIT CARD**
* **8.1 The Accommodation and Non-Accommodation Operators have the option to request a sum of money from the User as a confirmatory deposit under Article 1385 of the Civil Code and possibly an advance on the balance due as a booking guarantee for their structure or activity.
* **8.2 This deposit represents a percentage of the total booked service, calculated based on the measure communicated by the Accommodation or Non-Accommodation Operator to the User, who makes the payment via credit card.
* **
8.3 The deposit – once effectively paid – is retained (also) as an advance on the price of the stay or activity.
* **8.4 If, after providing the confirmatory deposit, the User defaults, the Accommodation or Non-Accommodation Operator may withdraw from the contract and retain the paid deposit; if the Accommodation or Non-Accommodation Operator defaults, the User may withdraw from the contract and demand double the amount paid under this article.
* **8.5 The User, by choosing to make the deposit payment by credit card and providing the related data during the booking process, mandates the Accommodation or Non-Accommodation Operator to retain the stipulated amount as a confirmatory deposit by debiting it to the User's credit card. It is understood that if the aforementioned debit operation is refused, the Accommodation or Non-Accommodation Operator will be free to release itself from the booking without incurring any responsibility. APT is entirely unrelated to this operation and therefore has no responsibility in this regard.
* **8.6 In case of a booking requiring a deposit payment by credit card, the User and the Accommodation or Non-Accommodation Operator agree to comply with the terms of this article.
* **8.7 If the Accommodation or Non-Accommodation Operator does not have a VAT number or is not structured to manage the credit card transaction, APT will manage the economic transaction by collecting the due amount on behalf of the operator and then accordingly compensating with the latter. Therefore, it is understood that the User, by choosing to make the deposit payment by credit card and providing the related data during the booking process, mandates not only the Accommodation or Non-Accommodation Operator to retain the stipulated amount as a confirmatory deposit by debiting it to the User's credit card but also APT.
**9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE**
Before the start of the booked stay, if the organizer needs to significantly modify one or more elements of the contract, they must immediately notify the consumer in writing, indicating the type of modification and the resulting price variation. If the modifications are not accepted, the tourist may withdraw without paying any penalty, reclaiming what was already paid, or enjoy an offer of a substitute tourist package. The consumer may exercise the above rights even when the cancellation is due to force majeure and unforeseeable circumstances. For cancellations other than those caused by force majeure, unforeseeable circumstances, or the consumer's failure to accept the alternative tourist package offered, the organizer who cancels must return to the consumer what has already been paid. The refund amount will never exceed twice the amounts the consumer would owe on the same date under point 8 of these General Sales Conditions if they had canceled the departure themselves.
**10. WITHDRAWAL CANCELLATION OF BOOKING – NO SHOW BY THE CONSUMER**
* **10.1 Under Article 55, paragraph 1, letter b) of Legislative Decree no. 206 of 06/09/2005 (Consumer Code), the right of withdrawal provided for by Article 64 of the same Code does not apply to contracts for the provision of accommodation services.
* **10.2 Concerning the User's booking cancellation, these CGCs detailed in Article 11 or, where applicable, the cancellation conditions provided by the individual Accommodation Operator, under what is established in the previous point 1, apply.
* **10.3 The User who intends to cancel a booking made through the Platform in a free cancellation regime may do so independently via the link provided in the booking confirmation email. The User who instead intends to cancel a booking made through the Platform in a NON-free cancellation regime must give written notice via email to incoming@alpecimbra.it. It is understood that the cancellation notice made in a non-free cancellation regime, within the agreed terms, from the User to APT, will be forwarded to the selected structure that will apply any penalties provided.
* **10.4 Notwithstanding the provision of different terms by the Accommodation and Non-Accommodation Operator (in which case these latter will apply), the cancellation conditions provided in Article 11 will apply.
* **10.5 The refund will be made within 30 days from the necessary cancellation operations, as determined by the previous paragraph.
* **10.6 If the cancellation occurs after the established term or does not occur at all (so-called No Show), the Accommodation or Non-Accommodation Operator may apply the sanctions detailed in Article 11, notwithstanding the provision of different terms by the Accommodation and Non-Accommodation Operator (in which case these latter will apply).
* **10.7 No Show is considered the User's failure to present at the booked structure by 8:00 pm on the established day unless otherwise agreed.
* **10.8 Any modification by the User of the duration of the already booked stay and/or the reduction of the number of reserved accommodations must be directly agreed upon with the booked structure, without prejudice to the latter's right to invoke the provisions of this article where applicable.
**11. MANAGEMENT OF RECEIPTS AND CANCELLATIONS**
* **11.1 It is understood that all Accommodation or Non-Accommodation Operators are free to decide their cancellation and receipt policies. These policies, where indicated, will determine the application of penalties, and the credit card receipt will be directly handled by the Accommodation or Non-Accommodation Operator.
* **11.2 Where no specific cancellation policies are expressly indicated, the general location policies detailed in the table below will apply. In this case, the receipt will be directly managed by APT, which will then transfer the due amount to the Accommodation or Non-Accommodation Operator.
| DEPOSIT AT BOOKING | BALANCE | CANCELLATION UP TO 16 DAYS BEFORE ARRIVAL | CANCELLATION FROM 15 DAYS BEFORE ARRIVAL |
| ------------------- | ------- | ----------------------------------------- | ---------------------------------------- |
| ACCOMMODATION | 100% (of which 30% as deposit) | At the time of booking | The paid deposit of 30% will be retained and 70% refunded | 100% of the paid amount will be retained |
| NON-ACCOMMODATION | 100% (of which 30% as deposit) | At the time of booking | The paid deposit of 30% will be retained and 70% refunded | 100% of the paid amount will be retained |
| PACKAGES | 100% (of which 30% as deposit) | At the time of booking | The paid deposit of 30% will be retained and 70% refunded | 100% of the paid amount will be retained |
* **11.3 The deposit will be automatically charged at the time of booking.
**12. SUBSTITUTE ACCOMMODATION: FORCE MAJEURE OR FORTUITOUS CASE – OVERBOOKING**
* **12.1 By sending the booking, the Accommodation Operator is directly bound to the User and cannot withdraw from the booking or cancel it, even partially, being obliged to provide the booked service unless the performance has become impossible due to force majeure or fortuitous case, or save in cases of non-fulfillment by the User provided in express termination clauses.
* **12.2 In such cases, the contract with the User is resolved, and the Accommodation Operator must purely and simply return what was eventually received from the User as a booking confirmation.
* **12.3 However, and always with the Guest's consent, the Accommodation Operator may provide the User with alternative accommodation, substituting the booked one, provided that the first has equivalent or superior characteristics to the latter.
* **12.4 Conversely, if the booked service is unavailable due to overbooking or other reasons attributable to the structure (such as for prominent management reasons), the latter must offer an alternative arrangement of an equivalent or superior category to the booked one within the same structure or, possibly, at another structure located in the same place or nearby, belonging to at least an equivalent category to the Accommodation Operator and offering similar or superior services.
* **12.5 Any additional costs for the substitute accommodation are entirely borne by the Accommodation Operator.
* **12.6 However, if the User refuses the substitute accommodation, they are entitled to a refund of double the confirmatory deposit eventually paid at the time of booking unless no deposit was paid, in which case the Accommodation Operator must pay the User, as a penalty, an amount of money equal to 20% of the total originally booked stay.
* **12.7 Similarly, if the Accommodation Operator fails or refuses to find alternative accommodation with the described characteristics and the User paid a confirmatory deposit, the Accommodation Operator must refund double the received deposit. Conversely, if no confirmatory deposit was paid, the Accommodation Operator must pay the User, as a penalty, an amount of money equal to 50% of the total originally booked stay.
* **12.8 Without prejudice to the User's credit claims against the Accommodation Operator, APT – where possible and in case of the Accommodation Operator's inertia – may seek alternative accommodation for the User through the Platform, substituting the booked one, with equivalent or superior characteristics to the latter. It is understood that:
* the User must pay the new structure identified by APT the compensation requested by the latter for the substitute accommodation according to the applicable rate;
* APT does not guarantee in any way the User's credit claims against the replaced Accommodation Operator;
* the User cannot in any way demand APT to pay any amounts paid to the replaced Accommodation Operator, even as a deposit, nor can they demand compensation from APT for any breaches by the latter.
**13. GUEST'S RIGHTS**
* **13.1 From the start of the stay, the guest acquires the right to use the rented units, their furnishings, and the structures normally and without particular conditions available to guests.
**14. USER'S OBLIGATIONS**
* **14.1 When booking, the User must enter truthful data, specifically concerning the age and number of people
for whom the booking is made.
* **14.2 From the time of booking, for any request and/or modification, the User must directly contact the selected Accommodation Facility.
* **14.3 Partial booking modifications must be requested – exclusively in writing – to the booked structure, which, compatible with its organizational needs, may confirm or refuse the request or agree with the User on modifications to the originally agreed conditions in the terms and ways it deems appropriate. In particular, Article 15.2 applies.
* **14.4 The User's payment of the monetary compensation, if compatible with the payment conditions indicated during booking, must be made directly to the booked accommodation facility, net of any paid deposit retained as an advance, subject to compliance with legal requirements regarding cash payments.
* **14.5 Before using unusual electrical appliances, the Guest must request prior authorization from the Accommodation Operator.
* **14.6 General rules on compensation apply to any damage caused by the customer.
* **14.7 Therefore, the User is responsible for any act or deed directly or indirectly attributable to them (as caused by persons under their responsibility) from which damage to the Accommodation Operator or third parties arises.
**15. ACCOMMODATION OPERATOR'S RIGHTS**
* **15.1 In case of payment refusal or delay by the Client in paying the due amount, the Accommodation Operator has the right to retain the guest's belongings in the accommodation structure to guarantee their credit right for the services provided.
* **15.2 If, at check-in, the number of adults and children and their respective ages differ from those declared during booking, the Accommodation Operator may replace the assigned accommodation with a more suitable one, if available, or request an integration of the originally agreed compensation or cancel the booking for the User's fault and detriment, retaining the paid deposit.
* **15.3 The Accommodation Operator has the right to remove the Client from the accommodation structure if:
* a) they use the premises to the detriment of the property or make coexistence with other guests intolerable, behaving inconsiderately, scandalously, or in any case inconsiderately, or are responsible for criminally relevant conduct towards the Accommodation Operator, staff, and/or persons in the accommodation structure;
* b) they suffer from a contagious disease or a disease whose course exceeds the agreed stay period or if special care is required;
* c) they fail to pay the requested and due amount within the agreed terms.
**16. ACCOMMODATION OPERATOR'S OBLIGATIONS**
* **16.1 The Accommodation Operator is obliged to offer the agreed service according to the quality standards suitable to the type of booked service and the chosen Accommodation Facility's classification.
**17. ANIMALS**
* **17.1 Animals can generally be introduced into the accommodation structure, with prior authorization from the Accommodation Operator and possibly for a fee. This authorization must be verified at the time of booking.
**18. RESPONSIBILITY**
* **18.1 The User acknowledges and accepts that no responsibility can be attributed to APT:
* for the failure to conclude bookings through the Platform, for any erroneous bookings, for any direct or indirect damages caused by the temporary impossibility of using the Platform due to causes not attributable to APT, or for any direct or indirect damages resulting from the abusive use by third parties;
* for non-performance or delay in the performance of the contract concluded between the User and the Accommodation and Non-Accommodation Operator. In particular, it cannot be held liable to the User for the so-called "overbooking" phenomenon;
* concerning the data or contents entered or communicated to APT by the individual structure, which is solely and directly responsible towards it for the correctness, completeness, translation, and updating of the data consultable through the Platform, as well as for room and accommodation availability, for the indicated prices, for the quality of the offered services, and for the information, including photographic, published on the Portal or Partner Sites hosting the APT Platform.
* if the aforementioned data or contents infringe third-party rights (e.g., image rights, copyrights, trademarks, etc.);
* in case the credit card data usage operation for booking fails due to lack of coverage or causes different from those under investigation or occurring after the booking.
**19. SUSPENSION OF ACCESS AND USE OF THE PLATFORM**
* **19.1 The User declares to be aware that APT may or must temporarily suspend or permanently inhibit access and use of the Platform in the following cases:
* a) for force majeure or fortuitous case;
* b) by order of the Authority;
* c) for improvement, repair, maintenance work.
* **19.2 In the case of letter c), APT undertakes to make access to the Platform possible as soon as possible, provided that it depends on APT itself and falls within its intervention power.
**20. COMPETENT COURT**
Except as provided by Article 63 of the Consumer Code, for any dispute, the Court of Trento will have jurisdiction.
**GENERAL CONTRACT TERMS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES**
**1. LEGAL PROVISIONS**
Contracts for the offer of only transport, accommodation, or any other separate tourist service, as they cannot be configured as travel organization or tourist package contracts, are governed by the following provisions of the CCV Article 1, Nos. 5 and 6; Articles 17 to 23; Articles 24 to 31, concerning the provisions other than those related to the organization contract, as well as other agreements specifically related to the sale of the individual service object of the contract.
**2. CONTRACT TERMS**
These conditions also apply to the following clauses and general contract conditions of the sale of tourist packages mentioned in point 5, paragraph 1; point 6; point 8; point 9; point 10; point 11, paragraph 1; point 12; point 16; point 18. The application of these clauses does not absolutely determine the configuration of the related contracts as a tourist package. The terminology of the mentioned clauses related to the tourist package contract (travel organizer, etc.) must therefore be understood as a reference to the corresponding figures of the individual tourist service sales contract (seller, stay, etc.).
**3. CANCELLATION PENALTIES**
The Consumer who withdraws from the contract will be charged the following penalties:
* 30% of the total package price, in case of withdrawal up to 16 days before the booked service's start date;
* 100% of the total package price, in case of withdrawal from 15 days before the booked service's start date.
The same amounts must be paid by those who cannot make the trip due to the lack or irregularity of the required personal travel documents.
In any cancellation case, booking fees will be retained.
In case of late arrival and/or early departure, the rate will not be modifiable or refundable.
This package does not include travel insurance against cancellation, accidents, illnesses, or force majeure.
If you wish to be more protected, we invite you to take out additional insurance within 24 hours of booking.
**4. VISAS AND PERSONAL DOCUMENTS**
Please carefully check the validity of personal documents. If the trip cannot be made due to the lack and/or irregularity of the documents, no refund will be due. Non-EU citizens or those with a non-Italian passport must contact their Consulate to obtain the necessary information.
**INFORMATION EX ART. 13 D.LGS. 196/03 et seq. (Personal Data Protection)**
The processing of personal data – the provision of which is necessary for the conclusion and execution of the contract – is carried out in full compliance with Legislative Decree 196/2003, in paper and digital form. Data will only be communicated to competent authorities, insurance companies, correspondents, and service providers included in the package or those for whom data transmission is necessary for contract conclusion and related services. Data may also be communicated to tax, accounting, and legal consultants to fulfill obligations and/or exercise rights in legal settings. The customer can exercise their rights under Article 7 of Legislative Decree 196/2003 at any time by contacting AZIENDA PER IL TURISMO ALPE CIMBRA DEGLI ALTIPIANI DI FOLGARIA, LAVARONE, LUSERNA E DELLA VIGOLANA - SOCIETA' CONSORTILE PER AZIONI, the data controller. Further information on personal data processing, the content published on the website www.alpecimbra.it, and its use by users are available on the following page of the site: https://www.alpecimbra.it/it/homepage/privacy/5-0.html
The contractor declares to have read and accepted the terms of this contract.
Date and place
Contractor's signature
___________________
Also declares, pursuant to and for the effects of Article 1341 and following of the Civil Code, to accept the clauses of the above CGV.
Date and place
Contractor's signature
___________________
