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General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE OF TRAVEL PACKAGES
These General Terms and Conditions (hereinafter referred to as “General Conditions”) have been prepared to govern the use of the tourism services offered by Tramundi S.r.l. through the website www.tramundi.com and its Application.
Tramundi S.r.l. (hereinafter “Tramundi”) is a travel and tourism agency, VAT No. 05721680873, with registered office in Milan (MI), Via Borromei 6, authorized by the Lombardy Region through SCIA submitted on 04/22/2020, with professional liability insurance No. REP_PROV_MI/MI-SUPRO/0085866 issued by the municipality of Milan
Tramundi owns and is responsible for the content of the website www.tramundi.com.
  • Payment of the price
    To confirm the reservation, the traveler must pay a deposit equal to 30% of the total price of the package, or another amount indicated in the travel quote, including practice opening fees, taxes and legal duties, as well as the insurance premium for medical assistance and baggage policy, and, if selected during the reservation, coverage for trip cancellation protection.
    The traveler must pay the full balance of the package cost at least 40 days before the departure date by connecting to the Tramundi website (www.tramundi.it), via credit card or other accepted payment methods.
    If the reservation is made by the traveler within 30 days from the scheduled departure date of the trip, they must pay, at the same time as sending the booking confirmation, the total payment of the package, including any additional expense items. In this case, it is the traveler's responsibility to verify, with their own consular authorities, the timing for the possible issuance, following an emergency procedure if necessary, of the visa and/or any permits to enter the destination country; Tramundi cannot be held responsible for any customs issues that the traveler may encounter upon arrival in the destination country.
  • Traveler's guarantees. Insurances
    Tramundi, in compliance with the regulations of the sector, is insured for the possible reimbursement of the price paid for the purchase of the travel package and the immediate return of the tourist, in cases of insolvency and/or failure of the organizer. The entity committed to providing the aforementioned guarantee is the Guarantee Fund established by the A.I.A.V. Italian Association of Travel Agents
    through IL SALVAGENTE s.c. a r.l. based on the provisions of Art. 47 of Legislative Decree no.
    79/2011 as amended by Art. 1, paragraph 1, Legislative Decree 21 May 2018, no. 62 (2023/1-0247 document of adherence number). The traveler, at the time of signing the travel package contract, is informed of the details of the guarantee, as well as the timing and procedures for accessing it.

    Each package includes medical/luggage insurance, for which Tramundi will send all the details of the passengers to the partner insurance company. In addition, after accepting the terms and conditions related, the traveler may purchase as an additional service the cancellation insurance always available with every travel package. We suggest you to delve into the cancellation policies in the 'cancellation insurance' section.

  • Legal sources. Applicable law
    Tramundi is involved in the brokerage, organization, and sale of travel packages, with proper authorization according to national and regional regulations.
    Specifically, the contract for the brokerage, organization, and sale of travel packages will be governed by these General Conditions, as well as by the provisions, where applicable, of Legislative Decree May 23, 2011, no. 79 (hereinafter “Tourism Code”), as amended by Legislative Decree May 21, 2018, no. 62 (implementing EU Directive 2015/2302), as well as by any other provision in force in our legal system and applicable to the contracts subject to these conditions. Any dispute arising from or related to these conditions or the relationship between the user and Tramundi will be referred to the Forum defined by Legislative Decree no. 205/2006 (hereinafter “Consumer Code”), as well as by the applicable Italian laws.
    The contract between Tramundi and the traveler is to be considered concluded at the moment when GENERAL CONDITIONS OF SALE OF TRAVEL PACKAGES.

  • Definitions
    For the purposes of brokerage and sale of travel packages contracts, Tramundi, in compliance with Article 33 of the Tourism Code, specifies the following definitions:
    • professional: any natural or legal person, public or private, who, within the scope of their commercial, industrial, craft or professional activity, acts in contracts covered by this Chapter, also through another person acting in their name or on their behalf, as an organizer, seller, professional facilitating linked travel services, or as a provider of travel services, in accordance with current regulations;
    • organizer: a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits the traveler's data to another professional
    • seller: the professional different from the organizer who sells or offers for sale combined packages from an organizer;
    • traveler: anyone intending to conclude a contract, enters into a contract, or is authorized to travel under a contract concluded within the scope of this Chapter;
    • durable medium: any instrument which enables the traveler or professional to store information addressed personally to them in a way that is accessible for future reference for a period of time adequate for the purposes for which the information is intended, and which allows for the identical reproduction of the stored information;
    • unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation and whose consequences would not have been avoided even by taking all reasonable measures;
    • lack of conformity: a failure of the tourist services included in a package.
  • Concept of a travel package
    A travel package is defined as the combination of at least two different types of travel services for the purpose of the same trip or vacation, if at least one of the following conditions occurs:
    • such services are combined by a single professional, even at the request of the traveler or in accordance with their selection, before a single contract for all services is concluded;
    • such services, even if concluded with separate contracts with individual travel service providers, are:
      • purchased at a single point of sale and selected before the traveler agrees to payment;
      • offered, sold, or invoiced at a lump sum or total price;
      • marketed or sold under the name 'package' or similar designation;
      • combined after the conclusion of a contract in which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from separate professionals through connected booking processes electronically 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 professionals and the contract with the latter or these professionals is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
  • Pre-contractual Information
    Before the conclusion of the travel package contract, distributed or organized by Tramundi, it commits to providing the traveler with clear, precise, and readable information in accordance with the provisions of the Tourism Code, including the following information, specifying from the outset that the intermediary travels, organized and/or sold by Tramundi are not suitable, due to their type and unless otherwise expressly indicated, for travelers with reduced mobility:
    • the main features of tourist services, such as:
      • the destination or destinations of the trip, the itinerary, and the periods of stay with corresponding dates and, if accommodation is included, the number of nights included;
      • the means, characteristics, and categories of transportation, the places, dates, and times of departure and return, the duration and location of intermediate stops, and connections; in the event that the exact schedule has not yet been established, the organizer and, if applicable, the seller, inform the traveler of the approximate time of departure and return;
      • the location, the main features, and, where provided, the tourist category of the accommodation according to the regulations of the destination country;
      • the meals provided;
      • the visits, excursions or other services included in the total agreed package price;
      • the tourist services provided to the traveler as a member of a group and, in such case, the approximate size of the group;
      • the language in which the services are provided;
    • the trade name of the organizer, if it is a different entity from Tramundi;
    • the total price of the package including taxes and all rights, duties, and other additional costs, including any administrative fees and handling charges, or, where these cannot be reasonably calculated before the conclusion of the contract, an indication of the type of additional costs that the traveler may still have to bear;
    • the payment methods, including any amount or percentage of the price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
    • the minimum number of people required for the package and the deadline referred to in Article 41, paragraph 5, letter a), Tourism Code, before the start of the package for the possible termination of the contract in case the minimum number is not reached;
    • general information concerning passport and visa conditions for entry into the destination country;
    • information on the traveler's right to transfer the package to another person given reasonable notice and possibly upon payment of additional costs, as well as the right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal fees, or, if provided for, the standard withdrawal fees charged by the organizer pursuant to Article 41, paragraph 1, of the Tourism Code;
    • information on whether the subscription to an insurance policy covering the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including repatriation, in case of accident, illness or death, is optional or mandatory;
    • information on the right to terminate the contract without incurring any termination costs and to receive a full refund of all payments if any of the essential elements of the package, other than the price, have changed significantly; in any case, the organizer commits to providing suitable alternative solutions if some of the substantial elements of the package cannot be provided as agreed;
    • the information on any increase in the package costs and the traveler's rights, pursuant to the subsequent article 8 of these General Conditions;
    • the extents of the insurance coverage in the event of the organizer's bankruptcy or insolvency.
  • Reservations
    The package travel contract distributed, organized, and/or sold on the Tramundi website (www.tramundi.it) will be considered concluded when Tramundi receives the payment of the deposit and sends a confirmation of the contract via email, downloadable on a durable medium.
    For the content of the package travel contract, please refer to Article 7 of these General Conditions.

  • Contract Content
    Travel package contracts, pursuant to Article 36 of the Tourism Code, are drafted in simple and clear language and, if in written form, are legible. At the time of the conclusion of the travel package contract or, in any case, as soon as possible, the organizer or seller provides the traveler with a copy or confirmation of the contract on a durable medium.

    As for contracts negotiated outside of business premises, defined in Article 45, paragraph 1, letter h), of the Consumer Code, a copy or confirmation of the travel package contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium.

    The travel package contract and/or its confirmation include the entire content of the agreement containing all the information referred to in Article 34, paragraph 1, of the Tourism Code, as well as the following:
    • the traveler's specific requests accepted by the organizer;
    • a statement certifying that the organizer, specifically identified, is responsible for the proper execution of all the tourist services included in the contract pursuant to article 42 of the Tourism Code, and is obliged to provide assistance should the traveler find themselves in difficulty in accordance with article 45 of the Tourism Code;
    • the name and contact details, including the geographical address, of the person in charge of protection in the event of insolvency;
    • the name, address, telephone number, email address, and, if available, the fax number of the local representative of the organizer, a contact point, or another service that allows the traveler to communicate quickly and effectively with the organizer to request assistance or to address any complaints regarding non-conformity found during the execution of the package;
    • the fact that the traveler is required to communicate, without delay, any conformity defects detected during the execution of the package pursuant to Article 42, paragraph 2, of the Tourism Code;
    • In the case of minors, not accompanied by a parent or other authorized person, traveling under a package travel contract that includes accommodation, the information that allows direct contact with the minor or the person responsible for the minor at their place of stay;
    • information regarding the existing complaint handling procedures and the alternative dispute resolution mechanisms (ADR - Alternative Dispute Resolution), pursuant to Legislative Decree September 6, 2005, no. 206 and, if available, the ADR entity by which the professional is regulated and the online dispute resolution platform in accordance with Regulation (EU) No. 524/2013;
    • information on the traveler's right to transfer the contract to another traveler under Article 38 of the Tourism Code.
    • The documentation related to the medical assistance and baggage policy, included in the package, as well as, if selected during booking, that pertaining to the coverage for trip cancellation protection.
  • Changes and cancellation of the travel package before departure
    Price increases are only possible as a result of changes concerning:
    • the price of passenger transportation based on the cost of fuel or other energy sources, where the service is expressly provided for in the contract;
    • the level of taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation, and embarkation taxes at ports and airports;
    • the relevant exchange rates for the package.

      If the price increase referred to in this article exceeds 8 percent of the total price of the package, Article 40, paragraphs 2, 3, 4, and 5, of the Tourism Code shall apply. In particular, the traveler may accept the proposal made by the Organizer for a substitute package of equivalent or higher quality than the original one, or exercise the right to withdraw without penalties.
      A price increase, regardless of its amount, is only possible after clear and precise communication on a durable medium by the organizer to the traveler, along with the justification for such increase and the calculation methods, at least twenty days before the start of the package.
      In the event of a price decrease, the organizer is entitled to deduct actual administrative and management expenses from the refund due to the traveler, of which proof must be provided upon the traveler's request.
      Before the start of the package, Tramundi reserves the right to unilaterally change the terms of the contract, provided that the change is minor, and such change will be communicated to the traveler in a clear and precise manner on a durable medium.

      If, before the start of the package, Tramundi is forced to significantly alter one or more main features of the tourist services referred to in Article 34, paragraph 1, letter a), of the Tourism Code, or the essential characteristics of the tourist services, or cannot meet the specific requests referred to in Article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 percent, it must inform the traveler in writing without delay, indicating the impact of such changes on the package. The traveler, within a reasonable period of five days, may accept the proposed change or withdraw from the contract without incurring withdrawal fees. In case of withdrawal, to be exercised through written communication, Tramundi may offer, within the following five days, a substitute package of equivalent or higher quality to the traveler.
  • Right to cancel before the start of the package
    In accordance with Article 41, paragraph 1 of the Tourism Code, the traveler may withdraw from the travel package contract at any time before the start of the package, subject to reimbursement to the organizer, as specified below. The travel package contract may include reasonable standard withdrawal fees, calculated based on the timing of the withdrawal from the contract and the expected cost savings and anticipated revenue from reallocating the tourism services. In the absence of specification of the standard withdrawal fees, the amount of the withdrawal fees corresponds to the price of the package reduced by the cost savings and the revenue from reallocating the tourism services.
After receiving a formal request for trip cancellation through the contact page at the link https://www.tramundi.com/en/contact-us, Tramundi - even beyond the cases expressly provided by law - commits to recognizing a refund of the amount paid at the time of booking, proportionate to the penalty percentages, determined according to the criteria listed below:
  • More than 61 days prior to the departure date: 15% penalty of the total package cost
  • From 60 to 46 days before the departure date: 30% penalty of the total package cost
  • From 45 to 31 days before the departure date: 55% penalty of the total package cost
  • From 30 to 16 days prior to the departure date: 80% penalty of the total package cost
  • From 15 to 0 days before the departure date: 100% penalty of the total package cost
In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity, such as - by way of example only and not limited to - popular uprisings, exceptional and unforeseeable natural phenomena that substantially affect the execution of the package, the traveler has the right to withdraw from the contract, before the start of the package, without paying any withdrawal fees, and to a full refund of the payments made for the package, but is not entitled to any additional compensation.
The organizer may withdraw from the travel package contract and offer the traveler a full refund of the payments made for the package, but is not obliged to pay any additional compensation if:
  • The number of people registered for the package is less than the minimum required by the contract, and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and, in any case, no later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package for trips lasting between two and six days, and forty-eight hours before the start of the package for trips lasting less than two days
  • The organizer is unable to fulfill the contract due to unavoidable and extraordinary circumstances and notifies the traveler of the withdrawal from the contract without undue delay before the start of the package. In the case of contracts negotiated outside of business premises, the traveler has the right to withdraw from the package travel contract, without providing any reason, within a period of five days from the date of the contract's conclusion or from the date on which the contractual terms and preliminary information are received (if later), without penalties if this is compatible with the penalties provided by the first two paragraphs of Article 9 of these General Conditions and as provided by the individual travel package. In cases of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In this last case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal.
11. Tramundi's Liability for Improper Performance of the Package
The organizer is responsible for the performance of the travel services provided for in the travel package contract, regardless of whether such services are to be performed by the organizer itself, its assistants or appointees when acting within the scope of their functions, by third parties whose work it uses, or by other travel service providers, in accordance with Article 1228 of the Civil Code.
The traveler, in accordance with Articles 1175 and 1375 of the Civil Code, informs the organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any non-conformity defects detected during the execution of a travel service provided for by the travel package contract.
If one of the travel services is not performed as agreed in the travel package contract, the organizer shall remedy the non-conformity defect, unless this is impossible or excessively burdensome, taking into account the extent of the non-conformity defect and the value of the travel services affected by the defect.
If the organizer does not remedy the non-conformity defect within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made, the traveler may remedy the defect personally and request reimbursement of the necessary, reasonable, and documented expenses; if the organizer refuses to remedy the non-conformity defect or if it is necessary to remedy it immediately, it is not necessary for the traveler to specify a deadline.
If a non-conformity defect, pursuant to Art. 1455, Civil Code, constitutes a non-minor breach of the travel services included in a package and the organizer has not remedied it within a reasonable period set by the traveler in relation to the duration and characteristics of the package, following timely complaint, the traveler may, without expenses, rightfully and with immediate effect terminate the travel package contract or, if applicable, request, in accordance with Article 43, Tourism Code, a price reduction, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the transport of passengers, the organizer also provides for the return of the traveler with equivalent transport without unjustified delay and without additional costs for the traveler.
Where it is impossible to ensure the return of the traveler, the organizer bears the costs of the necessary accommodation, if possible of a category equivalent to what was provided for by the contract, for a period not exceeding three nights per traveler or for the longer period possibly provided for by European Union legislation relating to passenger rights, applicable to the relevant means of transport.
12. Traveler's Obligations
Travelers are required to comply with the following obligations:
  • verify the accuracy of their personal data entered on the website at the time of booking; Tramundi is not responsible for any errors and/or inaccuracies in the travel documents, and the traveler is also required to check the correctness and the documents upon receipt and to immediately report any discrepancies (for example, data not matching the passport);
  • comply with the health and prophylaxis regulations of the destination country;
  • comply with visa provisions and entry restrictions of the destination country, also with reference to one's nationality, by obtaining useful information from one's embassy and/or consular authority; Tramundi is not responsible for any entry problems into the destination country;
  • to be in possession of a valid identity document valid for travel abroad (identity card and/or passport) with a validity of at least 6 months from entry into the destination country, unless different immigration provisions apply, which the traveler has the responsibility to verify with the consular authority of their country of residence and/or nationality;
  • consult the website of the Ministry of Foreign Affairs https://www.viaggiaresicuri.it/, to check the political/health situation of the destination country and every aspect related to the safety of the destination, including religious and social norms and customs;
  • check the regulations regarding the expatriation of minors and the documents they must possess.
"MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006. “Italian law punishes with imprisonment crimes related to prostitution and child pornography, even if committed abroad."

The travel organizer is not liable for damages caused by the traveler due to non-compliance with these obligations, and the traveler will have to bear any expenses for a forced stay or for an early return.
13. Limits of compensation and limitation period
The compensations to which the traveler may be entitled are governed by articles 43 and 46 of the Tourism Code, and in any case within the limits set by the International Conventions applicable to the services that are part of the tourist package.
According to article 46 of the Tourism Code, the right to compensation is time-barred in three years, or in the longer period for compensation for personal injury as provided by the regulations governing the services included in the package, starting from the date of the traveler's return to the place of departure.
14. Deadline for submitting complaints
The Traveler must immediately contest any non-fulfillment or incorrect fulfillment noticed during the trip by promptly complaining to the local representative, so that the organizer, their local representative, or the guide can verify the tourist's claims and take all necessary measures. Moreover, to avoid forfeiture, the Traveler must send a complaint within 10 days of their return, either by registered letter with acknowledgment of receipt or by certified email (PEC).


15. Changes
Tramundi reserves the right to modify these General Conditions at any time, in order to adapt them to its operational needs or to comply with the latest regulations that become necessary from time to time; such changes will take effect from the date of their publication on the Website.
16. Intellectual Property
Tramundi owns the website www.tramundi.com and all the contents and materials available on the same website, such as, by way of example and not limited to, logos, trademarks, distinctive signs, photographs, and texts; any commercial use is expressly prohibited. Product names and company names mentioned on the Site may be trademarks of their respective owners, therefore unauthorized use is expressly prohibited.
Reproduction of the graphics and structure of the Site, in whole or in part, is forbidden; the constituent elements of this cannot be copied or imitated.
GENERAL TERMS AND CONDITIONS OF GIFT CARD SALES
1) Purchase of a Gift Card

a) Gift Cards can be purchased online through the website www.tramundi.com or by contacting Tramundi Customer Service at the number 0282954252 or via email at supporto@tramundi.it;
b) Each Gift Card is associated with a unique code, which must be entered at the time of booking the travel package to use the corresponding value;
c) The Gift Card is sent to the purchaser via email at the time of purchase. This will contain the voucher with the code for use and redemption instructions;
d) Gift Cards on the website www.tramundi.com can only be purchased via bank transfer, PayPal, or credit card. Vouchers or other alternative payment methods are not accepted.
e) It is not possible to purchase more than 1 Gift Card within the same order at the same time.

2) Redemption of a Gift Card

a) Gift Cards cannot be converted into cash;
b) Gift Cards are personal and non-transferable. They can be used to purchase any trip available on Tramundi's online platform at www.tramundi.com;
c) Gift Cards are valid for 12 months from the date of purchase. Within 12 months from the issuance of the Gift Card, it is possible to choose any trip available on Tramundi's online platform, even if the departure date is after the expiration date of the Gift Card;
d) The Gift Card cannot be combined with discount codes and/or other promotional initiatives;
e) It is possible to enter only one unique code corresponding to one Gift Card per reservation;
f) The Gift Card cannot be used to purchase trips whose value is lower than the amount of the Gift Card;
g) If the value of the Gift Card is lower than the trip amount, the price difference must be paid via bank transfer, credit cards, or PayPal;
h) The Gift Card can be used exclusively in a single transaction and for a single purchase;
i) The Gift Card can only be used when booking a new trip, not for additional services related to an already purchased trip;
j) In case of modification or cancellation of the travel package, before departure, by the organizer, paid totally or partially through a Gift Card, the latter will not be refunded, but a new one of equal value will be issued concurrently. This will be valid for 12 months from the new issuance date;
k) Any complaints and/or requests for information regarding the use of Gift Cards can be submitted by contacting Tramundi Customer Service at the number 0282954252 or via email at supporto@tramundi.it;
l) Disputes relating to the purchase and/or redemption of Tramundi Gift Cards will be governed by Italian law.

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