Information on the processing of personal data of users of the website Articles 13 and 14 of Regulation 2016/679/EU (hereinafter also referred to as 'GDPR', known as the General Data Protection Regulation)
Why this notice?
Discover Italy dmc Srl (hereinafter also referred to as "Company" or "Data Controller") is committed to respecting and protecting your privacy and wants you to feel secure both while simply browsing the site and in case you decide to register by providing us with your personal data to take advantage of the services made available to its Users and/or Clients.
On this page, the Company intends to provide some information regarding the processing of personal data related to users who visit or consult the website accessible electronically from the address http://discoveritalydmc.com/. This notice is provided only for the Company’s website and not for other websites that the user may consult through links (for which reference is made to the respective privacy notices/policies).
Reproduction or use of pages, materials, and information contained within the Site, by any means and on any support, is not permitted without the prior written consent of the Company. Copying and/or printing for personal and non-commercial use is allowed (for requests and clarifications, please contact the Company at the contact details provided below). Other uses of the content, services, and information present on this site are not permitted.
Regarding the content offered and the information provided, the Company will ensure that the content of the Site is reasonably updated and reviewed, without offering any guarantee regarding the adequacy, accuracy, or completeness of the information provided, explicitly declining any responsibility for any errors or omissions in the information provided on the Site.
Source – Navigation Data
The Company informs you that the personal data you provide and acquire in connection with the request for information and/or contact, registration on the site, and use of services via smartphone or any other tool used to access the Internet, as well as the data necessary for the provision of such services, including navigation data and data used for any purchase of products and services offered by the Company, as well as the so-called "navigation" data of the site by Users, will be processed in compliance with applicable regulations.
The IT systems and software procedures used for the operation of this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of the Internet. This information is not collected to be associated with identified data subjects, but by their very nature could, through processing and associations with data held by third parties, allow for the identification of browsing users.
This category of data includes "IP addresses" or domain names of computers used by users connecting to the site, URIs (Uniform Resource Identifier) of the requested resources, the time of the request, the method used to submit the request to the web server, the size of the file obtained in response, the numerical code indicating the status of the response given by the web server (successful, error, etc.), and other parameters related to the user's operating system and IT environment.
These data are used solely to obtain anonymous statistical information on the use of the site and to check the correct functioning of the Company’s website. It is noted that the aforementioned data may be used for the ascertainment of responsibility in the event of cyber crimes against the Company’s site or other connected or linked sites; save for this eventuality, the web contact data do not persist for more than a few days.
Source – Data Provided by the User
The Company collects, stores, and processes your personal data for the purpose of providing the products and services offered on the Site, or for legal obligations. Regarding some specific Services, Products, Promotions, etc., the Company may also process your data for commercial purposes. In such cases, specific, separate, optional consent will be requested, which can always be revoked in the ways and to the contacts indicated below.
The optional, explicit and voluntary sending of electronic mail to the addresses indicated in the appropriate section of the Website, as well as the filling in of questionnaires (e.g. forms), communication via chat, push notification via APP, social networks, call centers, etc., implies the subsequent acquisition of some of your personal data, including those collected through the use of the Apps and related services, necessary to respond to your requests. We also point out that when using your mobile connection to access digital content and services offered directly by the Company or by our Partners, it may be necessary to transfer your personal data to such third parties. Please note that you may access the Site or connect to areas where you may be enabled to post information using blogs or message boards, communicate with others, for example by coming from the Company page on Facebook®, LinkedIn®, Youtube®, and other social networking sites, review products and offers, and post comments or content. Before interacting with these areas, we encourage you to carefully read the Terms of Use keeping in mind that, under certain circumstances, the information you post can be viewed by anyone with access to the Internet and any information you include in your postings can be read, collected and used by third parties.
Purpose of processing and legal basis Data are processed for the purposes: - Strictly related to and necessary for the registration to the website http://discoveritalydmc. com/, to the services and/or Apps developed or made available by Company, to the use of related information services, to the management of contact or information requests, to make purchases of products and services offered through the Company site; - for ancillary activities related to the management of User/Customer requests and the sending of feedback that may include the transmission of promotional material; for the completion of the purchase order of the products and services offered, including aspects related to payment by credit card, the management of shipments, of the possible exercise of the right of withdrawal provided for distance purchases, updating on the availability of products and services temporarily unavailable; related to the fulfillment of obligations under EU and national regulations, the protection of public order, the detection and suppression of crimes; - direct marketing, i.e. sending of advertising material, direct sales, carrying out market research or commercial communication of products and/or services offered by Company; this activity may also concern products and services of Companies of the Company Group and be carried out by sending advertising/information/promotional material and/or invitations to participate in initiatives, events and offers aimed at rewarding users/customers, carried out by “traditional” means (by way of example, paper mail and/or operator calls), or by means of “automated” contact systems (by way of example, SMS and/or MMS, telephone calls without operator intervention, e-mail, fax, interactive applications), pursuant to Art. 130 c. 1 and 2 of Legislative Decree 196/03 as amended; The provision of data for the purposes referred to in points 1), 2) and 3), connected to a pre-contractual and / or contractual phase or functional to a user request or provided by a specific regulatory provision, is mandatory and, failing that, it will not be possible to receive the information and access any services requested; in relation to point 4) of this Information Notice, the consent to the processing of data by the user / customer is instead free and optional and always revocable without consequences on the usability of products and services except the impossibility for Company to keep users / customers updated on new initiatives or special promotions or benefits that may be available. Discover Italy dmc may send commercial communications relating to products and/or services similar to those already provided, in accordance with Directive 2002/58/EU, using the e-mail coordinates, or the paper ones, indicated by you on such occasions to which you may object in the manner and at the contact details in the following.
Methods, processing logics, storage times and security measures The processing is also carried out with the aid of electronic or otherwise automated means and is performed by Company and/or third parties that Company may use to store, manage and transmit the data. The data processing will be carried out with logics of organization and processing of your personal data, also related to the logs originated from the access and use of the services made available via web, of the products and services used related to the purposes indicated above and, in any case, in such a way as to guarantee the security and confidentiality of the data. The personal data processed will be kept for the time periods prescribed by the legislation applicable at the time. Also with regard to data security, in the sections of the website set up for particular services, where personal data is requested from the navigating user, the data is encrypted using a security technology called Secure Sockets Layer, abbreviated as SSL. SSL technology encrypts information before it is exchanged via the Internet between the user's processor and the Company's central systems, making it unintelligible to the unauthorized and thus ensuring the confidentiality of the transmitted information.In addition, transactions made using electronic payment instruments are carried out using the Payment Service Provider (PSP) platform directly and Company retains only the minimum set of information necessary to handle any disputes. Precisely with reference to the aspects of personal data protection, the user/customer is invited, pursuant to Article 33 of the GDPR, to report to Azienda any circumstances or events from which a potential “personal data breach (data breach)” may arise in order to allow an immediate assessment and the adoption of possible actions to counter such an event by sending a communication to privacy@Azienda.it or contacting Customer Service. The measures taken by Company do not exempt the Customer from paying the necessary attention to the use, where required, of passwords/PINs of appropriate complexity, which he/she shall update periodically, especially in case he/she theme they have been hacked/known by third parties, as well as carefully guard them and make them inaccessible to third parties, in order to avoid improper and unauthorized use.
Areas of communication and data transfer. For the pursuit of the above purposes, Company may communicate and have processed, in Italy and abroad, the personal data of users/customers to third parties with whom we have relationships, where these third parties provide services at our request. We only provide these third parties with the information necessary to perform the requested services taking all measures to protect your personal data. Data may be transferred outside the European Economic Area if this is necessary for the management of your contractual relationship. In this case, protection and security obligations equivalent to those guaranteed by the Data Controller will be imposed on the recipients of the data. In the case of using services offered directly by Partners we will provide only the data strictly necessary for their performance. In any case, only data necessary for the pursuit of the intended purposes will be disclosed and the safeguards applicable to data transfers to third countries will be applied where required. We may also disclose personal data to our commercial service providers, for marketing reasons, who are appointed external data controllers for this purpose.
In addition, personal data may be communicated to the relevant public entities and authorities for the needs of compliance with regulatory obligations or for the establishment of liability in case of computer crimes to the detriment of the site as well as communicated to, or allocated at, third parties (as managers or, where they are providers of electronic communication services, of autonomous data controllers), who provide computer and telematic services (e.g.: hosting services, website management and development) and which Company uses to carry out tasks and activities of a technical and organizational nature instrumental to the functioning of the website. The subjects belonging to the above categories operate as separate Data Controllers or as Managers appointed for this purpose by Azienda. Personal data may, in addition, be known by employees/consultants of Company who are specially instructed and appointed as Data Processors. The categories of recipients to whom the data may be disclosed is available by contacting the Company at the addresses below. Rights of Data Subjects You may at any time exercise the rights granted to you by law, including the right: 1. to access your personal data, obtaining evidence of the purposes pursued by the Data Controller, the categories of data involved, the recipients to whom the data may be communicated, the applicable storage period, the existence of automated decision-making processes; 2. To obtain without delay the rectification of inaccurate personal data concerning you; 3. To obtain, in the cases provided for, the deletion of your data; 4. To obtain the limitation of the processing or to object to the same, when possible; 5. To request the portability of the data that you have provided to Company, i.e. to receive them in a structured, commonly used and machine-readable format, including for the purpose of transmitting such data to another data controller, within the limits and with the constraints provided for in Article 20 of the GDPR; In addition, he/she may lodge a complaint with the Data Protection Authority pursuant to Article 77 of the GDPR. For the processing referred to in point 4) of the purposes, the Customer may always revoke consent and exercise the right to object to direct marketing (in “traditional” and “automated” form). Opposition, in the absence of any indication to the contrary, will refer to both traditional and automated communications. Data Controller The Data Controller, pursuant to Article 4 of the Code and the GDPR, is Discover Italy dmc Srl, Via Ponte di Tappia 47 - 80133 Napoli (NA) P.IVA: - CF: 10476561211 The above rights may be exercised upon request by the Data Subject in the manner made known by the Customer Service or on the Company's Website or by using the following references: hello@discoveritalydmc.com. The use of the Website, including those intended for tablets and/or smartphones, by the Client and/or the User implies full knowledge and acceptance of the content and any indications included in this version of the notice published by Company at the time the site is accessed. Company would like to inform you that this policy may be modified without prior notice and therefore we recommend that you read it periodically. The Data Controller Discover Italy dmc Srl.
What are Cookies?
Cookies are typically small text files, ID tag data that are stored in your computer's browser directory or program data subdirectories. Cookies are created when you use your browser to visit a Web site that uses cookies to keep track of your movements within the site, to pick up where you left off, remember your registered login, theme selection, preferences, and other customization features. stores a file corresponding (with the same ID tag) to the one set in your browser, and in this file you can track and store information about your movements within the site and any information you may have voluntarily provided while visiting the Web site, such as your e-mail address. Cookies are often essential for Web sites that have huge databases, need logins, have customizable themes, other advanced features. Cookies usually do not contain much information except the url of the Web site that created the cookie, the duration of the cookie's abilities and effects, and a random number. Because of the small amount of information contained in a cookie, it usually cannot be used to reveal your identity or personal information. However, marketing is becoming increasingly sophisticated, and in some cases cookies can be used aggressively to profile your browsing habits. There are two types of cookies: session cookies and persistent cookies. Session cookies are created temporarily in the subfolder of your browser while you visit a Web site. Once you leave the site, the session cookie is deleted. On the other hand, persistent cookie files remain in the browser subfolder and are activated again after visiting the Web site that created that particular cookie. A persistent cookie remains in the browser subfolder for the duration period set within the cookie file. More about cookies A cookie is a small file of letters and numbers downloaded to your computer when you access certain Web sites. Like virtual keys, cookies unlock computer memory and allow a Web site to recognize users when they return to a site by opening doors to different content or services. Like a key, a cookie itself contains no information, but when read by a browser it can help a Web site improve the service it provides. Cookie files are automatically placed in the cookie file-the browser's memory-and each one typically contains: - The name of the server from which the cookie was sent - The duration of the cookie - A value - usually a unique randomly generated number The Web site server that sent the cookie uses this number to recognize you when you return to a site or navigate from one page to another. Only the server that sent a cookie can read and then use that cookie.
A cookie is a string of text-only information that a Web site transfers to the browser's cookie file on your computers hard drive so that the Web site can remember who you are. A cookie will typically contain the name of the domain from which the cookie came, the “lifetime” of the cookie, and a value, usually a unique randomly generated number. Two common types of cookies are used on most Web sites: session cookies, which are temporary cookies that remain in your browser's cookie file until you leave the site, and persistent cookies, which remain in your browser's cookie file for much longer ( although how long will depend on the duration of the specific cookie). Cookies can help a Web site organize content to match your favorite interests more quickly. Most Web sites use cookies. Cookies cannot be used by themselves to identify you
There are two types of cookies: o Session cookies : these are temporary cookies, which are deleted when you close your browser. When you restart your browser and return to the site that created the cookie, the Web site will not recognize you. You will have to log in again (if login is required) or select your preferences/themes again if the site uses these features. A new session cookie will be generated, which will store your browsing information and will be active until you leave the site and close your browser. More about session cookies. o Persistent cookies : these files remain in one of the browser's subfolders until manually deleted or the browser deletes them according to the duration period contained in the permanent cookie file (more about persistent cookies). What are persistent cookies used for? Persistent cookies help Web sites remember your information and settings when you visit them in the future. This results in faster and more convenient access since, for example, you do not need to log in again. In addition to authentication, other Web site features made possible by persistent cookies include: language selection, theme selection, menu preferences, internal site bookmarks or favorites, among many others. During your first visit, the Web site is presented in default mode. During your visit, you select your preferences and these preferences are remembered, through the use of the persistent cookie, the next time you visit the site. For example, a Web site may offer its content in different languages. During your first visit, you may choose to deliver content in French, and the site may record that preference in a persistent cookie set on your browser. When you visit that site, it will use the cookie to ensure that the content is delivered in French. For a demonstration of how a persistent cookie might be used . You can decide whether to allow your browser to accept these types of cookies by changing your settings. For more information, go to the manage cookies section.
WHAT CAN'T COOKIES DO? Cookies are simple text files. They are not compiled so that they cannot perform functions or make copies of themselves. They cannot browse or scan your computer or snoop on you or look for private information on your hard drive. Cookies have a very limited function: to help your browser provide all the features designed into many of today's Web sites. These features include easy login, preference settings, themes, shopping carts, and many other features.Cookies cannot capture or retrieve your personal information. Because cookies are only harmless files or keys, they cannot look into your computer and find information about you, your family, or read material stored on your hard drive. Cookies simply unlock your computer's memory and allow a Web site to recognize users when they return to a site by opening doors to different content or services. It is technically impossible for cookies to read personal information.
WHAT IS A PROFILING COOKIE? Cookie profiling, also called Web profiling, is the use of permanent or persistent cookies to track a user's general online activity. This tracking occurs not only when you are on a particular site, but occurs all the time you are browsing. This type of profiling activity is often carried out by marketers who purchase advertising rights on thousands of popular Web sites in order to collect and collate cookie information and create a single “profile” of a user. Internet advertising, as it is called, targets potential customers based on the way they browse the Internet.This is the real reason why most Web sites flash banner ads on their pages. The issue may not be a big deal to some, but others take their privacy seriously and are uncomfortable with being “followed around” and profiled. Cookies function as an encryption mechanism to identify your computer from the millions of users accessing the Internet.
The information in a cookie is used to track a user's activity when they visit online pages. This tracking is done anonymously, but the user must give permission before a site can store a cookie on the machine. Most Web browsers these days allow users to disable cookies permanently or delete them on exit.
WHY COOKIE PROFILING? Cookie profiling is the only way for marketers to target potential customers and get a possible product purchase from them. By knowing a user's browsing habits, including sites visited, age, marital status, and political and religious affiliations, they can show him or her ads that are attractive, ads that he or she will care to protect. This is one way marketers increase their profits by expanding their customer base.
WHAT INFORMATION IS IN A COOKIE? The contents of a cookie are determined by the specific website that created that cookie. The contents vary from site to site. As a general rule, cookies contain random alphanumeric characters. Cookies are intended to help you access a site more quickly and efficiently. For example, cookies can store information to help you enter a site without having to log in. In effect, cookies tell the Web site that your browser has already been to the site. It does not need to know your exact identity. To learn more about this feature, please see the section on cookie management When cookies are created, they normally do not contain any personal information. Do not scan your computer or perform any kind of investigation to discover your personal information. Any personal information it may contain is the result of your personal input on a website form. Most of the time, when a cookie stores personal information, this information is encoded in such a way that it is unreadable to any third party accessing the cookie folder. The only computer that can read and decode the information is the server that created the cookie in the first place. In addition to encrypting the information stored in cookies, some websites add additional layers of security to their browsers' cookie management processes: they only store anonymous but unique content on local cookies; or store personal information on the website server and make it accessible only by combining it with the anonymous cookie stored on your computer. See how personal data can be linked to a cookie to produce a personalized website experience. This depends on how a website has set up its cookie function, but generally the content of a cookie is a randomly generated set of characters. For most purposes a website that sends a cookie doesn't need to know who you are – it just needs to remember that it has already seen your browser (for more information, go to the manage cookies section). Some websites write personal information about you in a cookie, but this is only possible if the information was provided in the first place.
If personal information is stored in a cookie, it is usually encrypted - encoded - so that third parties who have access to your browser's cookie folder cannot read it. Some web servers use a combination of methods: they can create a cookie on your browser with unique but anonymous content; or on the server side they can create a file that records that unique but anonymous content alongside any personal information you've provided. View a demonstration of how personal data linked to a cookie can provide you with personalized content on a web page. Although cookies are simple text files that aid your browsing experience, they are not without controversy. Cookies can be used to track your browser's website browsing history. If you believe this affects your privacy, you can change your browser settings to limit the use of cookies on your computer to reduce its ability to keep records of your browsing history. Essentially this is the memory of your internet browser where you can find all your cookies stored in a format that facilitates easy retrieval by a browser.
STANDARD USES FOR BROWSER COOKIES Site servers set cookies to allow user authentication if the user logs in to a secure area of ​​the website. The login information is stored in a cookie so that the user can log in and out of the website without having to re-enter the same authentication information over and over again. Session cookies are also used by the server to store information about user page activity so that users can easily pick up where they left off on the server pages. By default, web pages have no "memory". Cookies tell the server which pages to show the user so that the user does not have to remember or start browsing the site again. Cookies act as a sort of "bookmark" within the site. Similarly, cookies can store order information necessary to operate shopping carts rather than forcing the user to remember all the items the user has placed in the cart. Persistent or tracking cookies are also used to store user preferences. Many websites allow the user to customize how information is presented through site layouts or themes. These changes make the site easier to navigate and/or allow the user to leave some of the user's "personality" on the site.
For information on session and persistent cookies and tracking, see here COOKIE SECURITY AND PRIVACY ISSUES Cookies are NOT viruses. The cookies use a plain text format. They are not pieces of code compiled so that they cannot be executed nor do they self-execute. As a result, they cannot make copies of themselves and spread to other networks to run and replicate them again. Because they cannot perform these functions, they do not fall under the definition of a standard virus. Cookies can be used for malicious purposes however. Because they store information about a user's browsing preferences and history, whether on a specific site or when browsing between different sites, cookies can be used as a form of spyware. Many anti-spyware products are well aware of this problem and regularly flag cookies as candidates for deletion after a standard virus and/or spyware scan. See here for some privacy issues and concerns. The way responsible and ethical web developers deal with privacy issues caused by cookie tracking is to include clear descriptions of how cookies are deployed on their site. If you are a web developer and need advice on cookie implementation and a privacy policy, you can contact us via the inquiry form at the bottom of the page. These privacy policies should explain what type of information is collected and how the information is used. Organizations that use and display an appropriate and helpful cookie privacy policy and policy include: LinkedIn Networkadvertising.org and Dealspotr. Most browsers have built-in privacy settings that provide different levels of cookie acceptance, expiration time, and disposal after a user has visited a particular site. Backing up your computer can give you peace of mind that your files are safe.
OTHER COOKIE-BASED THREATS
It is important to be aware of what threat cookies can pose. Because cookies are transmitted back and forth between a browser and a website, if a malicious user or unauthorized person intervenes between the data transmission, sensitive cookie information can be intercepted. Although relatively rare, this can happen if the browser connects to the server using an unencrypted network such as an unsecured WiFi channel. Internet security is only achievable if you regularly use an antivirus protection program. See our section on virus protection. Other cookie-based attacks involve the use of faulty cookie-setting systems on servers. If a website does not require browsers to use only encrypted channels, attackers can use this vulnerability to trick browsers into sending sensitive information over insecure channels. Attackers then steal sensitive data for unauthorized access purposes.
PRIVACY CONCERNS: PERSONAL INFORMATION STORAGE AND MONITORING
OF USER BEHAVIOUR
Although cookies themselves cannot search or search your data or search your computer, they
store personal information in at least two ways: form information and form tracking
ads. This personal information is not generated by the cookies themselves but by your input into the cookies
website order forms, registration pages, checkout pages, and other forms
online. Often used for e-commerce, this information is often encrypted and protected
from hacking by the remote server through limited interaction via security features
such as SSL (Secure Sockets Layer) certified pages and similar network security schemes.
Cookies
A cookie is a short string of text that is sent to your browser and possibly saved on yours
computer (alternatively on your smartphone/tablet or any other tool used to access
to the Internet); such sending generally occurs every time you visit a website. Company uses cookies
for various purposes, in order to offer you a fast and secure digital experience, for example,
allowing you to keep the connection to the protected area active while browsing through the
site pages.
Cookies stored on your terminal cannot be used to retrieve any data from yours
hard disk, transmit computer viruses or identify and use your e-mail address. Each cookie is
unique in relation to the browser and device you use to access the Website or use the App
Agency. Generally, the purpose of cookies is to improve the functioning of the website and the experience
of the user in using it, even if cookies can be used to send messages
advertisers.
General Info
DISCOVER ITALY DMC is a trade registered mark property of DISCOVER ITALY DMC Srl, licensed Travel Agency and Tour Operator in Napoli, via Ponte di Tappia, 47 80133, IT. VAT IT10476561211.
DISCOVER ITALY DMC organizes and carries out the excursions presented in this programme on the basis of the administrative authorisation of the Naples Provincial Authority.
The program conforms to the text established according to the D.L. 111/95, approved by EEC regulation no. 90/ 314.
Confirming any service with email, fax or through the concierge and travel agency implies to have read and agreed the terms and commission explained as follows.
1. Introduction. Notion of tourist package
a) the Legislative Decree no. 111 of 17.03.95, concerning the execution of the Directive 90/314/CE, for consumer protection states that both the organizer and the seller of the tourist package asked by the customer, must be licensed for carrying out their activities (art. 3/1, letter A, 111/95 Legislative Decree)
b) the customer has the right to receive a copy of the tourist package sale contract (in accordance with article 6 of the 111/95 Legislative Decree), which is the necessary document to apply for the Guarantee Fund in reference to article N. 18 of these general contract terms. The notion of “tourist package” (article 2/1 of 111/95 Legislative Decree) is the following: The objects of tourist packages are journeys, holidays and “all inclusive” circuits, resulting from the pre-established combination of at least two of the following elements, sold or offered for sale at a flat rate, whose length will exceed 24 hours, that is, at least one night:
a) transportation; b) accommodation; c) tourist services not additional to transportation or accommodation (omissions)... which are an important part of the “tourist package”.
2. Legislative sources
Besides these general conditions, the sale contract of a tourist package is also regulated by the clauses pointed out in the journey documentation, given to the customer. This contract, concerning the arrangement of travel, holiday and single tourist service sales, is also regulated by the Law of 27th Dec.1977 no. 1084, ratified and executed by the Travel Contract International Convention (CCV), subscribed on the 23rd April1970 in Bruxelles. In addition to the above mentioned CCV, the sale contract of a tourist package is also regulated by Legislative Decree n.111/95, emanated as an enforcement of the Directive n.90/314/CE concerning the journey, holidays and “all-inclusive” circuits. Furthermore, the contract at distance signed by the consumer, for all the applications to the contracts for free time services, is subject to the Legislative Decree n. 185 of the 22nd of May 1999, concerning the “Implementation of the 97/7/CE directive about the consumer protection in regard contract at distance”, and to the Legislative Decree n.70 of the 9th of April 2003 concerning the “Implementation of the 2000/31/CE directive about some juridical aspects of the information society in the home market, particularly referred to the e-commerce”
3. Technical data
DISCOVER ITALY DMC Srl Tour Operator, n. 1108842 on the register of travel and tourism agencies with regular license and Insurance. The validity of the tourist package offered by DISCOVER ITALY DMC Srl Tour Operator is shown inside each tourist package's informative card published on-line on www.discoveritalydmc.com site. As for the tourist packages created by DISCOVER ITALY DMC Srl Tour Operator, the change of reference in regard of currency adjustments is shown inside every information card published on the booklet (electronic or in paper), or outside the catalogue
4. Booking
Booking can only be effected following the consumer acceptance of the general conditions of this contract. The contract is to be considered when DISCOVER ITALY DMC Srl Tour Operator has confirmed the booking, with the relevant information, via e-mail, fax or by telephone. Specifications about the package or about a single tourist service are included in the notes and details of the offer (displayed before the contract subscription), or in other communication tools, as provided by the law in force. In case the tourist product created by TDISCOVER ITALY DMC SrlTour Operator and published on a brochure requires a minimum number of participants, DISCOVER ITALY DMC Srl Tour Operator reserves the right not to carry out the trip if the requested minimum number of participants has not been achieved.
5. Price
The price of the tourist package is fixed in the contract, in accordance with what has been written in the catalogue or brochure (on paper or electronic), or out-of-catalogue programme, or possible updates of the catalogues or the extra catalogue programs which might have been done afterwards. Extra expenses, such as compulsory fee to pay on spot are always specified in the notes and details of the offer. The price can be changed until 20 days before departure and only in case of variations of the following: transportation costs,including the fuel cost; taxes and fees on some kinds of tourist services, such as landing and embarkation or disembarkation fees, in ports and airports; exchange rates applied to the package itself. As for such variations, these will be referred to the exchange rates and to the above-mentioned costs, as well as to the relevant prices quoted at the moment of the booking application.
6. Customer rescission without penalty
The customer can withdraw from the Contract, without paying penalties, in the following cases:
· Price increases over 10 percent, due to the reasons specified in the above-mentioned art. 5;
· Significant modification of one or more material elements of the contract, which can objectively be defined fundamental for the fruition of the tourist package taken as a whole, and proposed by the organizer after the contract itself stipulation, but before the departure, not accepted by the customer. In the above-mentioned cases, the customer has, alternatively, the right to:
- Take advantage of an alternative Discover Italy tourist package, without extra cost or with the return of the overcharge in case the second tourist package is of inferior value than the first one.
- Get the return of the only amount of money already given. The refund must be effected within seven working days from receiving the refund written application form. The customer will have to submit his decision (to accept the modification or to recede) within and no longer then two working days from the moment in which he has being given the notice of the rise or variation in price. In case of lack of explicit official announcement within the above-mentioned term, the proposal formulated by the organizer is considered accepted.
7. Participants obligations
The participants have to be equipped with personal passports or other documents valid for the destination Country, with the health certificate if required. Furthermore, the tourist will have to follow ordinary cautiousness and diligence rules, and specific rules effective in the destination countries, all the information supplied by the organizer, as well as the regulations and administrative and/or legislative provisions regarding the tourist package. The participants will be asked to answer for all the damage suffered by the organizer because of their incapacity to follow the above-mentioned obligations. The customer must provide the organizer with all the documents, the information and the elements owned by himself, which might be useful for exercising the subrogation right of the latest towards third parties, responsible for the damage. The customer is held responsible by the organizer for the detriment of the subrogation right. At the moment of the booking, the customer will also communicate, in writing, to the organizer the details needed which might possibly be part of specific agreements, such as journey instructions, provided their accomplishment is possible.
8. Responsibility
The organiser is responsible for the damage caused to the customer because of the total or partial default of the services described in the contract, either if these are performed by himself or third-party suppliers, unless he proves that the event depends on the customer (including initiatives taken by himself independently, during the execution of tourist services), or on events not linked with the supply of the services described in the contract, fortuitous events, act of God, or by circumstances that the organizer itself might not reasonably foresee or solve, on the basis of a principle of professional care. Under no circumstances will the seller receiving the booking of the tourist package answer for the obligations coming from the travel organization. However, the seller is solely responsible for the obligations coming from its intermediary activity, in conformity with the responsibility limits fixed by the above-mentioned laws or conventions. DISCOVER ITALY DMC srl Tour Operator, is also responsible for the privacy of the consumer data, exclusively when these arrive on the database and not during their transmission.
9. Compensation limits
Under no circumstances, the organizer compensation will be higher than the compensation indemnities described by international conventions, with reference to the performances whose non-fulfillment caused the responsibility, that is the Warsaw Convention of 1929 about international air transportation, the text modified at The Hague in 1955; the Berna Convention (CIV) about railway transportation; the Bruxelles Convention of 1970 (CCV) about the organizer responsibility . In any case, the compensation limit cannot exceed the sum of 2,000 Germinal gold francs for property damage, fixed in article 13 no. 2 CCV, and 5,000 Germinal gold francs for any other damage”, as well as for those fixed in art.1783 of Civil Code. In case of the change of these conventions, or formulation of international new ones concerning the services objects of the tourist package, the indemnity limits will be applied according to the law in force at the moment of the unfortunate event.
10. Obligation of assistance
The organizer is obliged to perform assistance to the customer, on the basis of a professional diligence principle, solely with reference to its obligations, or by contract or law regulation. The organizer and the seller are exempted from their responsibilities (art. 13 and 14), when the unsuccessful or wrong execution of the contract depends on the customer or depend on an inevitable or unforeseeable third-party event, or on a fortuitous or act by God event.
11. Complaints and charges
Every unsuccessful execution of the contract must be notified by the customer on the very moment of its happening. In this way, the organizer or its local representative can immediately find a remedy for it. The customer can make a complaint by sending a registered letter, with receipt note, to the organizer, within 10 working days from the date of the return to the place of the departure. If complaints happen in the execution place of the tourist services, the organizer has to assist the costumer according to art.13 in order to find a prompt an equal solution. In the same way, even in case of complaint reported at the end of the service, the organizer will have to provide and guarantee in any case a prompt answer to the customer request.
12. Insurance
In case an insurance is not explicitly included in the price, it is possible before departure, and it is recommended to take out special insurance policies covering expenses deriving from the cancellation of the tourist package, illnesses, accidents and lost luggage..
13. Guarantee Fund
In case of insolvency or bankruptcy of the organizer, the customer can turn to the “National Guarantee Fund For the Consumer of the Tourist Package”, in accordance with the Ministerial Regulation n.349 of the 23 July 1999 for the achievement of the following needs :
a) refund of the price paid for services entirely or partially not enjoyed;
b) repatriation, in case of journeys to foreign countries.
c) an immediate economic availability in case of forced return of tourists from non-EC members, on occasion of emergencies due or not due to the organizer’s behaviour.
A part from urgent circumstances, when is possible to address directly to the competent diplomatic representations, to obtain the Found intervention a written demand must be presented describing the situation, expenses, and including the original travel contract and all the payments made, to the following address: Ministero delle Attività Produttive, Direzione Generale per il Turismo , Ufficio C1 - Tutela del Turista, Via della Ferratella, 51 00184 Roma. e-mail: fondodigaranzia@tin.it – fax n. 06 773 – 626
The procedure to make use of the Fund are fixed by means of the President of the Council of Ministers Decree , in conformity with art. 21 no. 5, Legislative Decree 111/95).
14. Place of jurisdiction / arbitration clause
All disputes between the two parties in connection with this Contract shall take place in the Court in which the organiser is located. With one accord it could be foreseen that the controversies from the application, interpretation, contract execution, will be up to an Arbitration Tribunal, composed by the same amount of designed arbiters as the number of parties in cause plus one as President nominated by the designed arbiters, that is, in absence of the Tribunal President, where the organizer is legally located. The Arbitration Board located in the organizer legal office will ritually decide according to the law, prior an eventual tentative of reconciliation.
SHARED GROUP TOURS
Notwithstanding any contrary clause, the contract is governed by the provisions of law no. 1084 dated 27.12.77, ratification and enactment of the International Convention relating to the Travel Contract (C.C.V.).
No minimum number required to start the excursion, unless specified.
There will be no penalty for cancellations of Tour bookings communicated in writing to the organisation at least 45 days prior to the tour departure date.
No reimbursement will be granted to any client who is not at the place of departure at the time established; similarly, no reimbursement will be granted to clients who lose contact with the guide or who do not complete the excursion.
If for any reason the organization cancels the tour, the client may claim reimbursement only of the sum paid.
During the periods of greatest attendance, despite of the reservations, the entry to the museums could be subjected to delays against the prearranged timetable, which are not attributable to the organization staff responsibility.
Where, due to operational difficulties or reasons beyond its control (travel conditions, strikes, changes in opening hours, closure of museums, delays or other problems), the organization should be obliged to change the program, then an alternative itinerary and/or visits to other museums will be proposed, without any variation to the established tariff, and the client will be informed prior to departure.
Children under 18 must always be accompanied by at least one adult.
In the case of unexpected increases of individual prices, exceeding 10%, as a result of new taxes or duties, the tariffs will be adjusted and the clients notified in writing.
The excursions scheduled in the programme are covered by third-party insurance for the risks, the indemnity limits and the guarantees laid down in D.L. 111/95 with insurance.
The organization cannot accept responsibility for damage caused by third parties or for reasons beyond their control, and cannot be held responsible for the loss of valuables, luggages or objects during excursions.
Any complaint by the client must be communicated in writing to the organization staff within and no later than 10 business days after the date of the tour.
Any disputes will be settled by The Court of Naples.
PRIVATE TOURS
Notwithstanding any contrary clause, the contract is governed by the provisions of law no. 1084 dated 27.12.77, ratification and enactment of the International Convention relating to the Travel Contract (C.C.V.).
Renunciation prior departure
- In case a registered participant would withdraw from the contract before departure for different reasons than those of art. 6., the tour operator will apply the following penalties, beside the burdens and costs of the services cancellation:
- 100% refund is due of the total amount if the renunciation is given to Discover Italy until 45 days before the starting of the booked tour.
No refund is due if the renunciation is given to Discover Italy from 44 days before the starting of the booked tour.
No refund is due to travellers who decide to interrupt the travel or their service already started.
Modification or cancellation prior departure
In case in which DISCOVER ITALY DMC srl Tour Operator, before the departure, gives written communication of its impossibility to supply one or more services of the tourist package , the consumer will have the right to choose another tourist package of the same quality or superior without any additional costs or an inferior tourist package with the restitution of the difference in price, or the customer will be refund of the sum already paid within 45 working days from the moment of the rescission or cancellation, if the cancellation is depending on circumstances not imputable to the customer.
Modification after departure
In case that after the departure the organizer cannot supply, for any reason (apart from circumstances depending on the customer) an essential part of the services included in the contract, alternative solutions will have to be provided to the consumer without extra-charges. If the value of the supplied services is lower than the value of the estimated ones, the value of the difference must be refund. In case no alternative solution is possible, or the solution offered by the organizer has been refused by the customer for serious and justified reasons, the organizer will provide free-of-charge a means of transport equivalent to the original one, which should have also been used for going back to the initial departure point, or to another possibly pre-established place, compatible with availability. The customer will be refunded in accordance with the difference between the cost of the estimated services and the cost of the services granted up to the moment of anticipated return.
Transfer of bookings
The customer has the right to be replaced by a different person by giving written notice to DISCOVER ITALY DMC srl Tour Operator. The renouncing client can be replaced by another person always if: a) the organizer has been informed in writing at least 30 working days before the fixed departure date, receiving at the same time a notice concerning the name and address of the assignee; b) the substitute meets all the conditions for the fruition of the service (ex article 10 of Leg. Decree 111/95), requirements relating to the passport, visas health certificates, hotel accommodation and transport services ; c) - the replacing person has to pay a substitution fee of €50 which is to cover all the expenses concerning the substitution. The renouncing customer is severally responsible for the payment of the settlement by the assignor, as well as for the costs under letter c) of this article. As for some kinds of services, it may happen that a third party service supplier does not accept the modification of the assignee name, even if it has been carried out within the terms under letter a) of the present article. DISCOVER ITALY DMC srl Tour Operator will not be responsible for the possible non-acceptance of the modification by thirdparty service suppliers. This non-acceptance will be immediately communicated by DISCOVER ITALY DMC srl Tour Operator to the parties before departure.
If for any reason the organization cancels the service, the client may claim reimbursement only of the sum paid.
During the periods of greatest attendance, despite of the reservations, the entry to the museums could be subjected to delays against the prearranged timetable, which are not attributable to the organization staff responsibility.
Where, due to operational difficulties or reasons beyond its control (travel conditions, strikes, changes in opening hours, closure of museums, delays or other problems), the organization should be obliged to change the program, then an alternative itinerary and/or visits to other museums will be proposed, without any variation to the established tariff, and the client will be informed prior to departure.
Children under 18 must always be accompanied by at least one adult.
In the case of unexpected increases of individual prices, exceeding 10%, as a result of new taxes or duties, the tariffs will be adjusted and the clients notified in writing.
The excursions scheduled in the programme are covered by third-party insurance for the risks, the indemnity limits and the guarantees laid down in D.L. 111/95 with insurance.
The organization cannot accept responsibility for damage caused by third parties or for reasons beyond their control, and cannot be held responsible for the loss of valuables, luggages or objects during excursions.
Any complaint by the client must be communicated in writing to the organization staff within and no later than 10 business days after the date of the tour.
Any disputes will be settled by The Court of Naples.
ADDENDUM
Single tourist service general regulation
a) Regulations
The contracts concerning the transportation and accommodation only, or any other separate tourist service, since they cannot be considered contractual cases of travel organization, which is the tourist package, are ruled by the CCV provisions: according to these, DISCOVER ITALY DMC srl Tour Operator in quality of travels intermediary, stipulates with the consumer a contract through which it commit itself to supply the customer with a service allowing a travel or a stay at a given global price.
b) Contract conditions To the sale contract of the single tourist services are applicable the general sale-contract conditions, even if the application of these articles does not absolutely determine the configuration of the relative contracts as the presented tourist package. The terminology of the mentioned clauses relating to the tourist package agreement (organizer, travel, etc.) has to be seen with reference to the correspondent figures of the sale contract of the single tourist services (seller, stay, etc)
Compulsory note according to the Italian Law n.269/98, article
16. The Italian Law punishes the crimes concerning prostitution and juvenile pornography by means of reclusion, even if these crimes are committed abroad. This English translation of our Italian Terms & Conditions is provided to our customers for information purposes only. Only the Italian Terms & Conditions are legally binding and authoritative.
Google Adwords And Remarketing
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