GENERAL TERMS AND CONDITIONS
1. Legislative sources
The sale of tourist packages, which have as their object services to be provided in territory both national and foreign, is governed by Legislative Decree 23/05/2011, n. 79 (tourism code), Legislative Decree 21 May 2018, n. 62., as well as from the Consumer Code referred to in Legislative Decree n. 206 of 6 September 2005 and subsequent amendments and additions.
2. Technical organization
The technical organization of travel, limited to the services offered for each proposal, is curated by Smoky Wheels Srls, authorized to carry out the activity of tour operator and travel agency, authorized to deal with organized trips according to current laws and administrative regulations applicable.
For the purposes of this contract we intend to: a) travel organizer, the subject who, in his own name and towards a lump sum payment, realizes the organization and intermediation of travels and stays and any other form of tourist service at the service of clients, whether they are reception or assistance, with or without direct sales to the public, including the tasks of assistance and reception to tourists, in accordance with the D.LGS. September 6, 2005, n. 206; b) the seller, the person who sells or undertakes to provide tourism packages to third parties for a lump-sum payment or individual disaggregated tourist services; c) tourist, the buyer and user of a tourist package.
4. Notion of tourist package
The package deals with travel, holidays, all-inclusive circuits, resulting from the combination, by anyone and in any way realized, of at least two of the elements listed below, sold or offered for sale at a lump-sum price: a) transport; b) accommodation; c) tourist services not ancillary to transport or to the accommodation referred to in Article 36 of the Tourism Code, which constitute, for the satisfaction of the recreational needs of the tourist, a significant part of the tourist package. The separate invoicing of the elements of the same tourist package does not remove the organizer or seller from the obligations of this chapter (Article 34 of the Tourism Code).
5. Travel contract
The travel contract consists of: a) the Booking Form on electronic form; b) by the present general terms and conditions and by the disclaimer clauses, which must be accepted by online subscription; c) travel sheet. Each participant is required to keep a copy of the aforementioned documents duly completed and signed or a copy of the online acceptance, as they are a copy of the tourist travel contract.
6. Mandatory information and technical data sheet
Smoky Wheels S.r.l.s. work with administrative authorization SUAP 1332 Comune of Meda and is equipped with liability insurance coverage contract with third parties, including customers, with the Professional Indemnity Insurance , Società Cattolica di Assicurazione policy No. 00057032300527.
Prices indicated in the programs published online on the website www.smokywheels.it have been calculated on the basis of hotel rates, transport costs, taxes and various services in force in January of the current year and gradually updated in January of each subsequent year. Foreign exchange rates were recorded by B.C.E / U.I.C. The prices indicated on the website may vary according to the trend of currency exchange rates and service tariffs. Prices must be considered fixed only at the moment of the package final payment.
The reservation can be done exclusively through the online form by the website www.smokywheels.it.
Acceptance of the reservation is evaluated completed, only when the customer will receive an e-mail notification from the organizer, with the consequent conclusion of the preliminary contract. Contract will become final when Smoky Wheels will send by e-mail, the summary travel sheet to the Customer. This is the document fiscally valid, in which are contained the essential elements of the travel contract and the indications relating to the booked trip.
The down payment, of 5% of the total amount of the tourist package, must be paid when booking online. Failure to pay the deposit will make the booking free of any effect.
The exact amount of the balance of the participation fee, as well as the date by which the payment must be made, before departure, result from the travel sheet sent to the customer by email before the deadline.
Failure to pay the balance on the date indicated on the travel sheet and in any case before departure, constitutes an express termination clause of the travel contract, with the obligation for the customer to pay the entire balance due.
The individual participation quotas indicated in the travel form published on the website www.smokywheels.it are based on a minimum of 6 participants, unless otherwise indicated on the published program; they are also calculated on the basis of the exchange rates and rates of the carriers in charge of the transport in force. Because of the particularity of the proposed programs and the dependence of costs of each trip from the variation of transport costs, including the cost of fuel, of exchange rates applied to the package in question, the quotas published on the website may vary even few days before deadline of last payment and must be considered definitive only those indicated in the travel sheet sent to the customer.
The treatment applied will be of the all-inclusive type as fully described in the booking form.
It will be divided into:
– night stay: treatment in single, double or quadruple room for single pilot and double or quadruple for pilot with passenger. Since the accommodation facilities of agritourism and not hotel facilities, the accommodation will be mainly in apartments with two or three rooms. The double and quadruple rooms are mainly equipped with single beds, in few cases they may not be available for all rooms. Where it is not possible to keep the choice chosen by the Client for reasons of size and accommodating of the structure itself, the best available choice will be applied.
– breakfast: buffet.
– lunch and dinner: having been selected structures with strong local characteristics the menu will be of type “tasting” where the managers themselves will propose the best selection of traditional dishes of their territory to allow you to taste the best specialties.
– professional tourist visits: in the most artistically and historically relevant locations, guided tours of one or two hours will be carried out, to discover the salient cultural characteristics.
11. Modification or cancellation of the tourist package before departure
Smoky Wheels reserves the right to cancel the trip in case of failure to reach the minimum number of participants indicated in the regulations, giving immediate notice to customers booked by mail.
The Customer can exercise the above mentioned rights indicated in the art. 41 and 42 of the tourist code when Smoky Wheels were to cancel the booked trip due to failure to reach the minimum number of participants and / or due to force majeure related to the package purchased. In this regard, it is specified that strikes, war events, civil and military unrest, riots, looting, acts of terrorism, natural disasters, adverse weather conditions, technical problems or the like, which can cause substantial changes to the travel program, are the cause of force majeure and are not attributable to Smoky Wheels, nor to carriers or other operators providing services included in the package. Smoky Wheels is therefore not required to reimburse any damage or additional expenses incurred by the customer.
Furthermore, before departure, if Smoky Wheels needs to significantly modify one or more elements of the contract, it will immediately notify the Customer in writing via e-mail, indicating the type of modification and the price variation that follows pursuant to art. 41 paragraph 1 of the tourism code. It should be noted that the price variation must be considered a significant change only if it implies an increase of 10% above the value of the participation fee indicated at the time of booking. . If the Customer do not accept the alternative proposal (in case of cancellation of the trip) or any changes referred to above, the Customer may exercise the right of withdrawal without penalty provided for in articles 41 and 42 of the code of the tourism and will be entitled to reimbursement of sums already paid within seven working days of the customer’s withdrawal or cancellation of the trip.
The Customer must notify Smoky Wheels by e-mail of his decision (to accept the change or to withdraw) within and not later than two working days from the moment he received the change notice referred to above. In the absence of express communication within the aforementioned term, intended expired for sending past 17.00, the proposed change formulated by Smoky Wheels is considered accepted.
12. Changes of the tourist package after departure
After the departure, when an essential part of the services provided by the contract can not be carried out, Smoky Wheels will provide the customer with suitable alternative solutions for the continuation of the trip without charges to the same, or will have to reimburse the difference between the services provided and those made, subject to compensation for damages. If the alternative solutions are not available and / or possible or the customer does not accept them for a justified reason, Smoky Wheels will provide a means of transport for the return to the place of departure and will have to reimburse any difference between the cost of the services provided and that of the services performed until the moment of early return, pursuant to art. 41, paragraphs 4 and 5 of the tourism code.
13. Withdrawal of the tourist
A) Customer has the right to withdraw from the contract before departure without charge or penalty in the following cases:
1) cancellation of the trip before departure due to lack of the minimum number of participants or due to force majeure as per the previous art. 10;
2) increase in the price referred to in the previous art. 9 in excess of 10%;
3) Customer non-acceptance of the alternative proposal, formulated by Smoky Wheels prior to departure, as a result of significant changes to one or more elements of the contract, objectively configurable as essential and undesirable for the purpose of enjoying the booked trip as per the previous art. 10;
In case of Customer’s withdrawal for cancellation of the trip referred to in point 1), the customer will be entitled to repayment of the advance payment or the fee price already paid within seven working days of the communicated cancellation.
In cases of Customer’s withdrawal for price increase and / or essential changes to the journey referred to in paragraphs 2) and 3), the Customer has the right to the return of the only part of price already paid. This refund must be made within seven
working days from receipt of the refund request.
For cancellations communicated before the final payment has expired, 20 days before the scheduled departure date and indicated in the travel sheet, Smoky Wheels will retain the advance payment paid.
For cancellations communicated after the final payment has expired 20 days before the date set for departure and indicated in the travel sheet, Smoky Wheels will retain the entire participation fee.
No refund of the fee paid will be granted to those who do not show up at the start or will renounce during the course of the trip.
Likewise, no reimbursement will be granted to those who could not make the journey due to lack or inaccuracy of the required personal or scooter documents.
14. Changes after departure
If Smoky Wheels has acted as an organizer and after the departure of the Customer, it is impossible to provide for any reason, except for a fact of the Customer, an essential part of the services provided by the contract, will prepare alternative solutions, without additional charges price charged to the Customer and if the provided services are of a lower value than those expected, it will reimburse it equal to this difference. If no alternative solution is possible, or rather the solution is refused by the Customer for proven and justified reasons, Smoky Wheels will provide without a surcharge, a means of transport equivalent to the original one provided for the return to the place of departure or to the different place eventually agreed, compatibly with the availability of vehicles and places, and will reimburse it to the extent of the difference between the cost of the services provided and that of the services provided up to the time of early return.
15. Obligations of travel participants
The Customer must also comply with the rules of normal prudence and diligence, with the rules of Italian highway code, with the specific rules in force in the country of destination of the trip, with all the information and precautions suggested to them, as well as with the regulations and administrative or legislative provisions relating to the package or tourist service. Customers will be called to answer for all damages that Smoky Wheels should suffer also due to failure to comply with the obligations indicated above. About that will be at unquestionable discretion of tour leader to throw out anybody who, on purpose, fails to comply with rules, creating danger to other participants and himself.
The Customer will also communicate in writing to Smoky Wheels, at the booking time, the particular personal requests that may be the object of specific agreements on the travel arrangements, provided that it is possible to implement them.
The Client is required to evaluate in advance the compatibility of his psychophysical conditions with the type of trip booked, taking into account the foreseeable environmental, climatic and physical difficulties related to the travel program according to the criteria of normal prudence. Smoky Wheels can not therefore be held responsible for any physical damage suffered by the customer during the trip due to the psychophysical conditions unfit for the type of trip chosen. The Customer, within the limits of the provisions of the current legislation on the privacy protection, is required to inform Smoky Wheels of any particular needs or conditions (pregnancy, food intolerance, disability, etc …) and to explicitly specify the request of related personalized services for which Smoky Wheels reserves the right to best satisfy them, if possible, without prejudice to the fact that such requests for particular or personalized services can not be considered in any way subject to a contractual obligation for Smoky Wheels.
16. Liability rules
When Smoky Wheels acts as an organizer, it is responsible for damages caused to the Customer due to the lack of or incorrect fulfilment of the obligations undertaken with the sale of the tourist package in accordance with articles. 43-44 and 45 of the tourism code, whether the services that are held are carried out by the same organizing agency, or that are carried out by third party service providers, with the exception of the right to claim against them.
The organizing agency is exonerated from the responsibility referred to in articles 43-44 and 45 of the tourism code in cases where the failure or inexact execution of the contract is imputable to the tourist, including initiatives taken independently by the latter during the execution of tourist services, or is dependent on a third fact with an unpredictable or unavoidable character, that is, derives from fortuitous events or majeure force.
Smoky Wheels also can not be held responsible for accidents due to the imprudence or inexperience of one or more participants in the trip. Furthermore, Smoky Wheels can not be held responsible in the event of a false communication regarding the legal status of the driving license and / or scooter circulation and insurance documents.
Smoky Wheels also can not be held responsible in case of violations of the Italian Highway Code due to customer’s carelessness or lack of skill.
17. Responsibility of customer statements
The statements issued by Customer during the booking process are considered to be true and accepted by Smoky Wheels. In case of disputes the organizer will be released from any responsibility for the non-truthfulness of what was declared, in particular referring to the country of origin, the declaration of the validity and legality of the driving license, the regularity of the revisions and insurance with consequent legal movement of the scooter, the declaration of the market value of the scooter for the transport insurance, for which the customer will be fully responsible for what has been declared, including any damage caused to the organizer.
The Customer following the declaration released in the booking form will be responsible for the Travelbox and the equipment contained therein, from the delivery time and unloading to the ground, (delivery), until it is taken over by the courier, (shipping). In particular Customer will be responsible for any loss, damage or theft of the Travelbox and its equipment. In the event of total destruction or theft of the Travelbox and/or the equipment contained, the following amounts will be charged to the customer:
Travelbox € 4,000.00, canvas € 450.00, tie down hooks € 60.00, handlebar fasten € 45.00, bungee cord € 15.00, full fuel pump € 35.00 , padlock € 12,00 .
Upon delivery, both during shipment and collection, it is advisable to accept the Travelbox with reserve if at the time of unloading it should show obvious damage due to the carrier, to be promptly reported to Smoky Wheels via email with the relative photographs.
18. Limits of compensation for personal injury or for different damages including damage from ruined vacation
In case of personal injury resulting from liability of Smoky Wheels for failure or incorrect fulfillment of one of the services included in the tourism package, the consequent damages will be reimbursable according to the rules of the international conventions referred to Italy or European Union are part, which regulate the individual services that are the object of the tourist package, as well as implemented by the Italian legislation, pursuant to art. 44 of the code of the tourism.
In case of damage other than personal injury deriving from non-performance or incorrect performance of the services covered by the tourist package attributable to Smoky Wheels, the parties expressly agree that the compensation can not exceed the provisions of the international conventions governing the services covered by the tourist package totally or partially unfulfilled.
In the event that, from the non-fulfilment or incorrect execution of the
performance of the tourist package attributable to Smoky Wheels and of not minor importance according to the art. 1455 c.c., the damage from vacation ruined compensation pursuant to art. 47 of the Consumer Code, can not exceed the value of the benefit not enjoyed and, in any case, the value total of the tourist package purchased.
19. Obligation for assistance
Smoky Wheels will lend Customer assistance measures imposed by the professional diligence criterion exclusively in reference to the obligations imposed by law or contract.
20. Complaints and statements
Any failure in the execution of the contract must be challenged by the Customer without delay, so that Smoky Wheels or the escort can promptly remedy it. Otherwise, any right to compensation may decrease in proportion to the delayed claim pursuant to art. 1227 c.c.
The Customer must also – under penalty of forfeiture – complain by sending a registered letter with acknowledgment of receipt to Smoky Wheels, no later than ten working days from the date of return to the place of departure. For any controversy the jurisdiction for the territory will be elected Milan. For any dispute the legally valid version of the contract conditions will be the Italian version.
21. Insurance: cumulative injuries, reimbursement of cancellation costs before departure and reimbursement of medical expenses and repatriation due to illness or accident during the trip;
Travel quotas do not include special insurance policies which provide assistance to the person during the journey, reimbursement of medical expenses due to illness or accident, repatriation costs, compensation for accidents.
Included in the participation fee will be provided to the customer card of an Italian motorcycle club with all the coverage provided by Italian F.M.I. and Europ Assistance for motorcycle club members on Italian territory.
22. Guarantee fund
The National Guarantee Fund (Article 51 of the Code of Tourism) established to protect Consumers in possession of the travel contract, in the event of insolvency or declared bankruptcy of the organizing agency, was repealed by Law 115/2015 with effect from 01/07/2016. For these cases, the legislation referred to has introduced (article 50 of the code of tourism, new text) the obligation for all tour operators to provide the consumer with a suitable guarantee.
The same will be provided by Smoky Wheels through the Guarantee Fund policy, GAV Group Travel Agencies, Certificate no. A / 54.2329 / 2/2019.
23. Consent to the processing of personal data
Pursuant to Legislative Decree 196/03 and subsequent amendments changes and additions declaring to have read the information on treatment pursuant to art. 13 D.lgs 196/03 contained in the general conditions of participation in travel and to be aware of the fact that the personal data provided through this form will be processed in a lawful manner on computer support according to correctness and taking all appropriate measures to ensure maximum confidentiality and they will not be communicated to other subjects except for needs strictly connected to the activity necessary for the provision of the services included in the tourist package, as well as for the purposes of obtaining visas, permits and authorizations necessary for the realization of the booked trip. By signing this form, participants consent to the processing of personal data contained therein for the purposes and in the manner indicated above. The same data may be used for the sending by Smoky Wheels of informative and advertising material, which may also be made by contacting third parties.
The participant declares to have carefully read the present general conditions and the participation regulations that form an integral part of it and proceeding with the booking, he fully accepts the contents and the recommendations provided therein.