SEA2SAHARA is a brand owned by BHSTRAVELADVISOR. The relative general conditions are therefore set out below
BHS TRAVELADVISOR carries out the intermediation of individual tourist services and the organization and sale of tourist packages. The services and tourist packages illustrated on the sea2sahara.com website will be offered for sale under the conditions described therein
BHS TRAVELADVISOR SRL, in the person of the legal representative Ludovico Orlandi, with registered office in via Portaria Campagna 71 – 05021 Acquasparta (TR), operates as a travel agency and tour operator with regular administrative authorization n.641946 issued by the Lazio Region on 18/09/ 2017.
R.C policy: Nobis Compagnia di Assicurazioni S.p.A. no. 1505001994C
Guarantee for travelers: “FILODIRETTO PROTECTION” policy n.6006003124 / E, issued by Nobis Compagnia di Assicurazioni S.p.A.
Object and content of the tourist package sales contract
The description of the tourist package contained in the catalog, or in the separate travel program, as well as the booking confirmation of the services requested by the tourist / traveler constitute an integral part of the travel contract as well as the following general conditions. It is sent by the tour operator to the travel agency, as the Tourist’s representative and the latter will have the right to receive it from the same. In signing the tourist package purchase and sale proposal, the tourist / traveler must keep in mind that it reads and accepts, for himself and for the subjects for whom he requests the all-inclusive service, both the travel contract as therein regulated, both the warnings contained therein and these general conditions.
1. Legislative sources
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is regulated – until its repeal pursuant to art. 3 of Legislative Decree no. 79 of 23 May 2011 (the “Tourism Code”) – by Law no. 1084 of 27/12/1977 ratifying and executing the International Convention relating to the travel contract (CCV), signed in Brussels on 23.4.1970 – in as applicable – as well as by the Tourism Code (articles 32-51) and its subsequent amendments and by the provisions of the civil code regarding transport and mandate, as applicable. Further legislative provisions – the implementation of which should occur during the validity of this catalog – with modifying / abrogative effects of the contract conditions set out below, will be made known online through publication on the Tour Operator’s website.
2. Administrative regime
The organizer and the intermediary of the tourist package, to whom the tourist is addressed, must be authorized to carry out their respective activities on the basis of current legislation, including regional ones, given their specific competence.
The Organizer and the intermediary make known to third parties, before the conclusion of the contract, the details of the insurance policy to cover the risks deriving from professional civil liability, as well as the details of the other guarantee policies towards travelers for coverage of events that may affect the execution of the holiday, such as cancellation of the trip, coverage of medical expenses, early return, loss or damage to luggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the intermediary, each as far as its competence, for the purposes of returning the sums paid or returning the tourist to the place of departure.
Pursuant to art. 18, paragraph VI, of the Italian Tourism Code, the use in the reason or company name of the words “travel agency”, “tourism agency”, “tour operator”, “travel broker” or other words and phrases, including in a foreign language, of a similar nature, is allowed only to the qualified companies referred to in the first paragraph.
For the purposes of this contract, the following definitions apply:
- a) organizer: the person who undertakes, in his own name and against a lump sum payment, to procure tourist packages for third parties, or by offering the tourist, even through a remote communication system, the possibility of independently creating and purchasing this combination;
- b) intermediary: the person who, even if not professionally and without profit, sells or undertakes to procure tourist packages for a lump sum payment;
- c) tourist / traveler: the buyer, the transferee of a tourist package or any person even to be named, provided that he meets all the conditions required for the use of the service, on behalf of which the main contractor undertakes to purchase without remuneration a tourist package.
4. Notion of tourist package
The notion of a tourist package is as follows:
The combination, by anyone and in any way made, of at least two of the elements indicated below, sold or offered for sale at a flat rate: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation pursuant to art. 36 which constitute a significant part of the “tourist package” for the satisfaction of the recreational needs of the tourist (art. 34 of the Tourism Code). The tourist has the right to receive a copy of the tourist package sales contract (drawn up pursuant to and in the manner set out in art. 35 of the Italian Tourism Code)
5. Tourist information
Before the start of the trip, the organizer and the intermediary communicate the following information to the tourist:
- Choice of distance: Extreme or Ultra
- Description of the race legs: length, routes, altitudes, difficulty
- Compulsory material
- Itinerary: the travel program contains essential information regarding the destination and any stages of the itinerary with the relative periods of stay. The program may undergo changes by decision of the organizer in agreement with the group during the trip and / or in relation to any unexpected or inevitable problems (such as weather conditions, accidental mechanical breakdowns of the means of transport used and similar)
- Means of transport: the main characteristics and categories of the means of transport used to reach and return from the country of destination are listed in the travel program; the amount of the costs of the transport services used can be divided between the participation fee
- Rental car: in cases where the rental does not include the driver, travelers must provide their willingness to alternate driving the hired vehicle (s) by providing the names and the driving license details to the coordinator before the departure and where required a credit card as guarantee
- Accommodation: the main characteristics of the accommodation are described in the travel program and where possible the names of the facilities are indicated in the travel contract
- Meals: where expressly included in the tourist package, the breakfast or half board or full board treatment is indicated in the travel program and also reported in the “price includes” section of the same
- Visits and excursions: where expressly included in the tourist package, the breakfast or half board or full board treatment is indicated in the travel program and also reported in the “price includes” section of the same. Extra excursions can be provided. It is up to the tourist to take part or not. Payment must be paid to the organizer before departure
The proposal for the purchase and sale of a tourist package must be drawn up on a specific contractual form, electronic if necessary, completed in its entirety and signed by the customer, who will receive a copy. The acceptance of the proposed purchase and sale of the tourist package is understood to be finalized, with the consequent conclusion of the contract, only when the organizer sends the relative confirmation, also by electronic system to the tourist.
The customer must also accept the tender rules.
The information relating to the tourist package not contained in the contractual documents, brochures or other means of written communication, will be provided by the organizer, in regular fulfillment of the obligations provided for by art. 37 paragraph 2 of the Italian Tourism Code, before the start of the trip. Particular requests on the methods of delivery and / or execution of certain services forming part of the tourist package, including the need for assistance at the airport for people with reduced mobility, the request for special meals on board or in the resort, must be made in booking request phase and be the subject of a specific agreement between the Tourist and the Organizer, through the mandated travel agency
Upon signing the purchase proposal for the tourist package, the following must be paid:
- a) the registration fee of € 500 as a deposit in case of booking through the website www.sea2sahara.com. This must be followed by points b), c), d) to be paid by bank transfer
- b) deposit equal to € 500. This amount is paid as a deposit and an advance on the price account. During the period of validity of the sale proposal and therefore before any booking confirmation which constitutes the completion of the contract, the effects referred to in Article 1385 of the Italian Civil Code they do not occur if the withdrawal depends on a non-attributable fact
- c) deposit of 500 €. This amount is paid as a confirmation deposit and advance on the price account. During the period of validity of the sale proposal and therefore before any booking confirmation which constitutes the completion of the contract, the effects referred to in Article 1385 of the Italian Civil Code they do not occur if the withdrawal depends on a non-attributable fact
- d) the balance must be paid within the deadline established by the Tour Operator in the booking confirmation of the requested tourist service / package.
In the case of payment of the balance due within 5 days of departure, the traveler
has the obligation to show BHS TRAVELADVISOR the payment receipt before departure. Failing that, BHS TRAVELADVISOR has the right to refuse boarding on departure to travelers who are unable to produce the receipt or proof of payment of the balance.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog, or out-of-catalog program and any subsequent updates of the same catalogs or out-of-catalog programs, or on the Operator’s website. It cannot be changed. The price consists of:
- basic participation fee, including registration for the race, medical assistance insurance policy and loss of baggage within the limits indicated on the contract
- eventual cost for flight;
- cost of any visas and entry, stay and / or stay and exit taxes from the travel destination countries
- agency fees and expenses in the case of delegation to BHS TRAVELADVIDSOR to obtain the necessary visas to complete the trip;
- any additional costs for other tourist services, including supplementary and / or connected, or for other requests made by the traveler and accepted by BHS TRAVELADVISOR
The basic participation fee for the trip does not include the flight
9. Modification or cancellation of the tourist package before departure
The Organizer reserves the right to unilaterally modify the conditions of the contract, other than the price, where the modification is of minor importance. The communication is made clearly and precisely through a durable medium, such as e-mail.
If before the start of the package the organizer is forced to significantly change one or more main characteristics of the tourist services referred to in art. 34 paragraph 1, letter a) of the Italian Tourism Code. Either he cannot meet the specific requests made by the traveler and accepted by the organizer or he proposes to increase the price of the package by more than 8%, the traveler can accept the proposed change or withdraw from the contract, without paying penalties.
In case of withdrawal, the organizer can offer the traveler a replacement package of equivalent or higher quality.
The organizer informs the traveler without undue delay in a clear and precise manner on a durable medium of the proposed changes and their impact on the package price.
The traveler communicates his decision to the organizer or to the intermediary within two working days from the time he received the change notice.
If the changes to the travel package contract or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an adequate price reduction.
In the event of withdrawal from the tourist package contract pursuant to paragraph 2, and if the traveler does not accept a replacement package, the organizer will reimburse without undue delay and in any case within 14 days of withdrawal from the contract all payments made by or for traveler’s account and has the right to be compensated for the non-execution of the contract, except in the following cases: a) there is no compensation resulting from the cancellation of the tourist package when the cancellation of the same depends on the failure to reach the minimum number of participants possibly required; b) there is no compensation resulting from the cancellation of the tourist package when the organizer proves that the lack of conformity is attributable to force majeure and unforeseeable circumstances; c) there is also no compensation resulting from the cancellation of the tourist package when the organizer proves that the lack of conformity is attributable to the traveler or to a third party unrelated to the provision of tourist services included in the tourist package contract and is unpredictable or inevitable. For cancellations other than those referred to in paragraph 7 letters a), b) and c), the organizer who cancels, will return to the traveler a sum equal to double the amount paid by him and actually collected by the organizer The sum object of the refund it will never be more than double the amounts that the traveler would be liable for on the same date according to the provisions of art. 7, 3rd paragraph if he were to cancel.
10. Withdrawal of the tourist
The tourist can also withdraw from the contract without paying penalties in the following cases:
- price increase in excess of 10%;
- significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the tourist package as a whole considered and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the tourist.
In the cases mentioned above, the tourist has alternatively the right:
- accept the alternative proposal where formulated by the organizer;
- request the return of the sums already paid. This return must be made within the legal term indicated in the previous article.
To the tourist who withdraws from the contract before departure outside of the hypotheses listed in the first paragraph, or those provided for by art. 9, paragraph 2, the individual cost of handling the file, the penalty to the extent indicated in the contract, any consideration for insurance coverage already requested at the time will be charged – regardless of the payment of the deposit referred to in Article 7 paragraph 1 of the conclusion of the contract or for other services already rendered.
Trips that include the use of scheduled flights with special fares are excluded from the above. In these cases the conditions relating to cancellation penalties are deregulated and much more restrictive.
If the withdrawal occurs in the period preceding the fifteenth day from the departure of a trip that has not yet been confirmed, the tourist will be entitled to a refund of the amount paid, excluding the “Trip Cancellation” fee;
Following the booking of a “confirmed” trip, the tourist will be entitled to a refund of the basic booking according to the following conditions:
If the withdrawal occurs during the period:
- prior to 60 days from the departure of the trip, you will be entitled to a refund of 50% of the total amount, excluding the “Trip Cancellation” fee
- between 59 and 30 days before departure, you will be entitled to a refund of 25% of the total, excluding the “Trip Cancellation” fee
- between 29 and 15 days before departure, you will be entitled to a refund of 10% of the total, excluding the “Trip Cancellation” fee
Beyond this term, you will not be entitled to any refund.
11. Changes after departure
If, after departure, the Organizer is unable to provide an essential part of the services provided for in the contract, for any reason other than the tourist’s own act, he will have to prepare suitable alternative solutions for the continuation of the planned trip without charges. of any kind at the expense of the tourist, or reimburse the latter within the limits of the difference between the services originally provided and those performed. If no alternative solution is possible, or the solution prepared by the organizer is rejected by the tourist for proven and justified reasons, the organizer will reimburse him to the extent of the difference between the cost of the services provided and that of the services performed up to the time of return. anticipated.
The traveler, subject to prior notice given to the organizer on a durable medium no later than seven days before the start of the package, can transfer the tourist package sales contract to a person who satisfies all the conditions for the use of the service
The transferor and the transferee of the tourist package sale contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and handling costs resulting from this transfer.
The organizer informs the transferor of the actual costs of the transfer, which do not exceed the costs actually incurred by the organizer as a result of the transfer of the tourist package sales contract and provides the transferor with proof of rights, taxes or other additional costs. resulting from the transfer of the contract. In the case of a travel contract with air transport for which a subsidized and / or non-refundable ticket has been issued, the transfer may result in the issuance of a new air ticket with the rate available on the date of the transfer itself
13. Obligations of tourists
During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided in writing with general information relating to health obligations and the documentation necessary for expatriation.
For the rules relating to the expatriation of minors, please refer expressly to what is indicated on the website of the State Police. However, it should be noted that minors must be in possession of a personal document valid for expatriation or passport, or for EU countries, including an identity card valid for expatriation. As regards the expatriation of minors under the age of 14 and the expatriation of minors for which the Authorization issued by the Judicial Authority is required, the requirements indicated on the State Police website http: //www.poliziadistato must be followed. en / article / 191 /
Foreign citizens must find the corresponding information through their diplomatic representations present in Italy and / or the respective official government information channels.
In any case, tourists will, before departure, check the update with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115 ) adjusting before the trip. In the absence of such verification, no responsibility for the non-departure of one or more tourists can be attributed to the intermediary or the organizer
Tourists must in any case inform the intermediary and the organizer of their citizenship at the time of the booking request for the tourist package or tourist service and, upon departure, they must definitively ensure that they are in possession of vaccination certificates, an individual passport and any other document valid for all the countries covered by the itinerary, as well as residence and transit visas and health certificates that may be required.
Furthermore, in order to assess the socio-political and health safety situation and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the tourist will have the burden of acquiring official information. of a general nature at the Ministry of Foreign Affairs, and disclosed through the Farnesina institutional website www.viaggiaresicuri.it.
The above information is not contained in the catalogs of the T.O. – online or on paper – as they contain descriptive information of a general nature as indicated in Article 38 of the Tourism Code and not temporally changing information. The same therefore must be taken by the tourists.
If, on the booking date, the chosen destination results, from the institutional information channels, a location not recommended for safety reasons, the traveler who subsequently has to exercise the withdrawal will not be able to invoke, for the purposes of the exemption or reduction of the compensation request for the withdrawal made , the disappearance of the contractual cause connected to the security conditions of the country.
Tourists must also comply with the rules of normal prudence and diligence and with the specific ones in force in the destination countries of the trip, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating to the tourist package . Tourists will be held responsible for all damages that the organizer and / or the intermediary may suffer also due to failure to comply with the above obligations, including the expenses necessary for their repatriation.
The tourist is required to provide the organizer with all the documents, information and elements in his possession useful for exercising the right of subrogation of the latter towards third parties responsible for the damage and is liable to the organizer for the damage. brought about the right of subrogation.
The tourist will also communicate in writing to the organizer, at the time of the proposal for the sale of the tourist package and therefore before sending the booking confirmation of the services by the organizer, the particular personal requests that may be the subject of specific agreements on travel arrangements, provided that it is possible to implement it and in any case result in a specific agreement between the traveler and the Organizer.
14. Hotel classification
The official classification of hotels is provided on the trip description page or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the countries also members of the EU to which the service refers, the organizer reserves the right to provide its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of the same by the of the tourist
15. Liability regime
The organizer is liable for damages caused to the tourist due to the total or partial non-fulfillment of the contractually due services, whether they are carried out by him personally or by third party service providers, unless he proves that the event arose from fact of the tourist (including initiatives autonomously taken by the latter in the course of the execution of the tourist services) or by the fact of a third party of an unforeseeable or inevitable nature, by circumstances unrelated to the provision of the services provided for in the contract, by chance, greater, or from circumstances that the organizer himself could not reasonably foresee or resolve, according to professional diligence.
The intermediary with whom the tourist package was booked is not liable in any case for the obligations relating to the organization and execution of the trip, but is solely responsible for the obligations arising from its capacity as intermediary and, in any case, within the limits established for this. liability under the relevant regulations in force, including the guarantee obligations pursuant to art. 50 and without prejudice to the exemption pursuant to art. 46 of the Italian Tourism Code
16. Limits of Compensation
The compensation referred to in Articles 44, 45 and 47 of the Cod. Tur. and related statute of limitations, are governed by the provisions therein and in any case within the limits established, by the CCV, by the International Conventions governing the services that are the subject of the tourist package as well as by articles 1783 and 1784 of the civil code, with the exception of personal injury not subject to a fixed limit.
17. Obligation of assistance
The organizer promptly prepares every useful remedy to help the tourist in difficulty according to the criterion of professional diligence with exclusive reference to the obligations to be borne by law or contract, without prejudice in any case to the right to compensation for damage in the event to which the incorrect fulfillment of the contract is attributable to the latter. The organizer and the intermediary are exempt from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failure or incorrect execution of the contract is attributable to the tourist or is due to the fact of an unpredictable or unavoidable third party, or it was caused by a fortuitous event or force majeure.
18. Complaints and reports
Any failure in the execution of the contract must be contested by the tourist during the use of the package so that the organizer, his local representative or accompanying person can promptly remedy it
The tourist must also – under penalty of forfeiture – make a complaint by sending a registered letter or by PEC to the address email@example.com with acknowledgment of receipt, to the organizer, no later than ten working days from the date return to the place of departure
19. Insurance against cancellation and repatriation costs
If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking against the costs deriving from the cancellation of the package, from accidents and / or illnesses that also cover the costs of repatriation and for loss and / or damage to baggage. The rights arising from the insurance contracts must be exercised by the tourist directly against the stipulating insurance companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogs or displayed in the brochures made available to the tourists. upon departure.
20. Alternative dispute resolution tools
Pursuant to and for the purposes of art. 67 of the Italian Tourism Code the organizer may propose to the tourist – in the catalog, on the documentation, on its website or in other forms – alternative ways of resolving disputes that have arisen. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such membership entails
21. Guarantee Fund - Filodiretto protection for the protection of travelers (art. 50 of the Italian Tourism Code)
Organized tourism contracts are backed by suitable guarantees given by the Organizer and by the intermediary travel agent which, for trips abroad and trips taking place within a single country, guarantee, in cases of insolvency or bankruptcy of the intermediary or organizer, the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist. The identification details of the legal entity which, on behalf of the Organizer, is required to provide the guarantee are indicated in the Organizer’s catalog and / or website and may also be indicated in the booking confirmation of the services requested by the tourist / traveler. The methods for accessing the guarantee and the terms for submitting the request for reimbursement of the sums paid are indicated on the website of the insurance company Nobis Compagnia di Assicurazioni SpA, at www.nobis.it, as a legal entity to which BHS TRAVELADVISOR adheres . In order to avoid incurring forfeiture, it is advisable to keep in mind the terms indicated for the submission of applications. It is understood that the expiration of the term due to the impossibility of submitting the application and not due to the inertia of the tourist, allows for remission within the same terms. The web address of Filodiretto Protection (www.nobis.it) to Tutela dei Viaggiatori is also reported on the websites, catalogs and documents relating to the tourist package purchase contract (account statement or booking confirmation) of the same Tour Operator \ Manager.
22. Operational changes
In consideration of the large advance with which the travel plans are prepared
on the travel web page, the information relating to the tourist services listed therein and the methods of use of the same may undergo changes that will be brought to the attention of travelers before the conclusion of the contract and must be specifically approved by the travelers as soon as possible and in any case before departure even if they involve no additional costs.
Travelers may not be charged for any additional costs for changes in the program, the tourist services included therein and / or the methods of use of the same, not communicated in the times and in the manner mentioned above.
During the trip, photos and videos of the tourist (the “Images”) will be collected, to allow them a greater participation in the trip purchased, as well as for advertising purposes. By purchasing the tourist package, the tourist assigns all the relevant and necessary rights to use the Images, in accordance with the terms and conditions, which form an integral part of this Agreement on this point.
Addendum - General conditions of contract for the sale of individual tourist services
1. a) Regulatory provisions
Contracts concerning the offer of the transport service only, the accommodation service only, or any other separate tourist service, not being able to be configured as a negotiating case of travel organization or tourist package, are governed by the following provisions of the CCV : art. 1, no. 3 and n. 6; articles from 17 to 23; articles from 24 to 31 (limited to the parts of these provisions that do not refer to the organization contract) as well as other agreements specifically referring to the sale of the single service covered by the contract. The seller who undertakes to provide a disaggregated tourist service to third parties, even electronically, is required to issue the tourist the documents relating to this service, which show the sum paid for the service and cannot in any way be considered an organizer. of travel.
1. b) Contract conditions
The following clauses of the general conditions of contract for the sale of tourist packages listed above are also applicable to these contracts: 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of these clauses does not absolutely determine the configuration of the related services as a case of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, trip, etc.) must therefore be understood with reference to the corresponding figures in the sales contract of individual tourist services (seller, stay, etc.)
Information pursuant to art. 13 D. Lgs. 196/03 (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 and the GDPR and subsequent amendments, in paper and digital form. The customer may at any time exercise the rights pursuant to art. 7 DLGS 196/2003 and the GDPR by contacting the data controller: BHS TRAVELADVISOR; via portaria Campagna 71, 05021 Acquasparta (TR), VAT number: 02259740567; legal representative: Ludovico Orlandi; firstname.lastname@example.org
Mandatory communication pursuant to Article 17 of Law no. 38/2006
Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.