GENERAL CONTRACTUAL CONDITIONS FOR BOOKING TRAVEL SERVICES
Please carefully read these operating procedures and any updates, and make sure to always observed them while using the system.
If selected, Leonardo Travel Services s.r.l. (in short LTS) shall make third-party (SUPPLIERS or SUPPLIER) tourism services available and bookable via the reservation system https://tripbuilder.madeinuvet.com. Reservations are accepted and managed by LTS.
The reservation system https://tripbuilder.madeinuvet.com may only be used for booking tourism services for individual customers by travel agencies and tour operators belonging to the UVET Network. Bookings are for up to nine people in double/triple/quadruple rooms, or for up to five people in single rooms. All information on the site (written or in images) is the exclusive property of LTS, and cannot be copied, printed or disclosed to third parties without prior authorisation.
All photos and informational texts on hotels are carefully selected; however, LTS shall not be held liable to anyone if they are sometimes inaccurate or incomplete.
For your protection, LTS shall not accept direct communications with your customers, either by telephone, fax or email. We shall promptly notify you if this happens.
The user, or travel agency (in short AGENCY), shall be fully responsible for the payment of bookings made via the website https://tripbuilder.madeinuvet.com.
SCOPE of APPLICATION
These General Conditions apply to the activities performed by LTS in making tourism services that can be booked by the AGENCY available on the website https://tripbuilder.madeinuvet.com. The reservation of tourism services constitutes a contractual relationship between the AGENCY and LTS.
These General Conditions are subject to the SUPPLIER’s Special Conditions, made available to the AGENCY, which the AGENCY accepts at the time of booking. It is the responsibility of the AGENCY to read the SUPPLIER’s Special Conditions.
These General Conditions may be changed by LTS at any time without notice.
These changes shall not apply to bookings that have already been accepted by LTS on behalf of the individual SUPPLIER. It is therefore essential that the AGENCY read, save and/or print a copy of the General Conditions of LTS at the time the reservation is made, in order to be aware of the applicable provisions.
Prices are considered definitive upon confirmation. Reservations shall be invoiced for the amount confirmed on the system. Rates contain a marginal rate that LTS shall confer to the AGENCY as a brokerage commission. The value of the commissions referred to above shall be agreed in advance by LTS and the UVET Network, unless specifically negotiated with the AGENCY.
OPERATION of the WEBSITE
Depending on availability, LTS shall provide beds and other selected services to allow the AGENCY to offer the same products to the end user.
LTS grants the AGENCY the non-exclusive right to provide tourism products and services (“products”) provided by LTS as an intermediary.
LTS may remove one or more services from the website https://tripbuilder.madeinuvet.com, and this will not entitle the AGENCY or third parties to make any claim against LTS, who as of now renounce any claim in this regard.
LTS shall make the website https://tripbuilder.madeinuvet.com available in accordance with the provisions of these GENERAL CONDITIONS, which allows the AGENCY to access and book the tourism services offered therein.
LTS reserves the right to remove and/or limit the AGENCY’s access to the website if the latter: (A) does not comply with the specifications or rules, regulations or policies for the use of the website https://tripbuilder.madeinuvet.com or any other such cases that have been notified to the AGENCY by LTS; (B) fails to pay all sums due to LTS within the deadlines indicated in the individual booking; (C) commits other acts or omissions that, at the discretion of LTS, may pose risks to the financial stability of LTS, to the security of information/data and/or intellectual property rights.
THE AGENCY notes that the website https://tripbuilder.madeinuvet.com provided by LTS is designed to handle individual bookings. LTS reserves the right to change the cancellation policy or cancel reservations if they appear to be group bookings, or if LTS believes that they have been made for purposes other than those expressly permitted.
LTS may suspend the services of the website due to maintenance work.
If the service is interrupted for reasons set out in this paragraph, this will not entitle the AGENCY or third parties to make any claim against LTS.
LTS may change the contents of its website at any time.
The AGENCY acknowledges and accepts that all bookings and purchases of travel services and products provided by LTS must be made via the website https://tripbuilder.madeinuvet.com, using an identification code (user name) assigned by LTS, a password assigned by LTS, and online acceptance of these GENERAL CONDITIONS .
The AGENCY is obliged to cooperate with LTS in good faith in order to comply with these GENERAL CONDITIONS. The AGENCY is obliged to pay all the sums due to LTS within the deadlines indicated in the individual booking. THE AGENCY shall inform LTS of any significant changes in its financial position that may affect its ability to fulfil its obligations to LTS, as well as its ownership and management structure. If possible, such information must be disclosed well before the relevant changes take place, or otherwise, without undue delay. This information must be considered strictly confidential, and is used by LTS exclusively for the use of the website https://tripbuilder.madeinuvet.com, in compliance with all rules and laws on privacy. LTS may not disclose this information without the written consent of the AGENCY.
During periods in which fairs, exhibitions or sporting events are held, or in high season, some hotels may request stays with a specific minimum duration, or may apply special prices. After accepting a booking, the AGENCY shall be held responsible for all nights of the stay, and no refund will be offered. In case of cancellation or early departure, the full amount will be charged to the AGENCY.
In order to ensure availability, it shall not be possible to make reservations using fictitious names during fairs and special events.
The price of any service that must be paid by the AGENCY to LTS will be displayed by the system https://tripbuilder.madeinuvet.com at the time of booking confirmation.
All prices are “gross”, i.e. containing a commission element in favour of the AGENCY. Any variation affecting the confirmed price shall be duly notified by LTS to the AGENCY, whether it is an increase or a decrease. All prices are in Euro.
There may be additional mandatory taxes that are payable locally, and are charged directly to the end customer by the hotel. The AGENCY must ensure that the end customer is aware that such local taxes may be required in certain destinations, and that these expenses must be paid extra on-site.
PAYMENT TERMS and INVOICING
LTS shall issue invoices with “gross prices” (i.e. including commissions to the AGENCY) for all bookings on the check-in date.
The invoices shall be addressed to the end customer domiciled at the AGENCY. LTS shall send invoices to the AGENCY, which undertakes to deliver them to the end customer.
Payments for reservations must be made in full no later than the date specified during the booking process. The payment deadline shall be specified both online and on documents sent by email. Reservations shall be cancelled automatically if LTS has not received payment within the deadline set out above. After receiving payment, all documents relating to the booking will be available on the website and by email. It should be noted that, due to the fact that the present GENERAL CONDITIONS concern business relationships between entrepreneurs, all payments provided for herein are subject to the provisions of Legislative Decree 231 of 09/10/2002 concerning late payment interest and late payment of transactions if it is an Italian entrepreneur.
All payments for services must be directed to the following bank account, stating Leonardo Travel Services srl as the beneficiary: bank details: IBAN: SM15T0854009807000070175348.
Payments must be made in full, with no possibility of divergence from the amount due.
UVET Network shall not be liable for any defaults by the AGENCY, regardless of their nature.
The AGENCY undertakes, from now on, to pay any sums NOT due, renouncing the exceptions of non-compliance with regard to LTS under any circumstances, subject to reiteration by the latter, at the outcome of any judgment. (SOLVE ET RIPETE).
In terms of forfeiture, the AGENCY must make appropriate objections concerning the invoices issued no later than 7 days from their receipt.
In the event that the AGENCY cancels or modifies the services initially requested by the end customer, LTS shall charge any cancellation charges provided for by the contractual terms indicated during the booking process to the AGENCY. Reservations may ONLY be cancelled at the request of the AGENCY by the LTS booking office (tel. 0549 970496 email email@example.com). The information received (and confirmed) at the time of each reservation will show the date by which the reservation can be cancelled without a penalty being charged.
Cancellations after this date will result in the issuance by LTS of an invoice to the AGENCY equal to the amount of the penalty indicated by the provider of the booked service. In order to facilitate the activity of the AGENCY, pending payment, LTS may send a reminder for bookings that do not require immediate payment by email from 9 days before the penalty is applied.
If the end customer leaves the hotel before the scheduled date, an invoice will be issued for the entire stay, and if the hotel confirms a reduction, a credit note will be issued for the amount to be reimbursed. Before leaving the hotel, the end customer must ask the hotel for a written declaration that shows the exact date on which the stay was concluded, and confirms the willingness of the hotel to grant the reimbursement, together with the name and surname of the employee of the hotel that authorises the reimbursement. The hotel must also inform the end customer in writing that no charges will be presented to LTS. In any case, LTS reserves the right to apply a penalty equivalent to one night as compensation. In the event of a “no-show”, LTS will charge to the AGENCY any cancellation fees in accordance with the terms provided for and shown during the booking process, and at booking confirmation.
In case of a book out, LTS will be responsible for providing a valid alternative (same number of stars, same location, similar or higher level of services).
In case of “no shows”, an invoice will be issued equal to the first night of the stay not used, or equal to the penalty requested by the respective hotel. If the end customer appears after the booked period, and the date error is attributable to the AGENCY, an invoice will be issued for the no show, together with an invoice for the new stay.
COMPLAINTS and PROTESTS
LTS shall only be responsible for complaints submitted by the AGENCY or by the end customer during the period of stay. In the event that the complaint has not been satisfactorily resolved before the return date, the AGENCY must send a written request to LTS enclosing the documents provided by the end customer. Upon receipt of the documentation, LTS will provide a complete response within the deadlines established by law, and commit to settling the dispute within 30 days. In case of supplier responsibility, LTS guarantees that the complaint will be forwarded to the supplier, who will have to engage, and give a precise response to the question. Refund requests will be considered and activated if received in writing within the deadlines established by law. Requests for reimbursement of partially used services will not be taken into account and activated unless written evidence is provided by the service provider that the guest has not fully served as detailed on our final confirmation and the supplier confirms in writing that will apply the reimbursement for unused services.
The data of the AGENCY and those of the end customers, whose conferment is mandatory to guarantee them the use of the services of the website https://tripbuilder.madeinuvet.com, shall be processed in manual and/or electronic form, in compliance with the regulations in force in the Republic of San Marino. Any refusal to provide the data will make it impossible to conclude the bookings and provide the related services. Unless separately and otherwise indicated – or, by option, if also stated in the catalogue and/or in the respective websites – LTS and the AGENCY are the data controllers. Where necessary, the communication of data will be carried out to those subjects for whom the transmission of data is necessary in relation to the conclusion of the booking of tourism services and their use. The data may also be disclosed to tax, accounting and legal consultants for to meet legal obligations and/or to exercise legal rights. The data controllers may use the email addresses provided via the website https://tripbuilder.madeinuvet.com to promote or sell tourism services, provided that the affected parties do not refuse this at the time of supplying the email addresses or in subsequent communications. Affected parties may easily and conveniently oppose this processing at any time by contacting the data controller who makes such use of the email addresses provided by email, fax or telephone. All rights foreseen by the rules of necessary application may be exercised at any time. The processing of personal data, the provision of which is necessary for the conclusion and execution of the booking of tourism services, is carried out in full compliance with the San Marino law, on paper and in digital form. The data will be communicated only to the suppliers of the tourism services present in https://tripbuilder.madeinuvet.com. The end customer may at any time exercise his/her rights by contacting the data controller: “LTS Srl”, with registered office in Via III Settembre, 99 – 47891 Republic of San Marino – Coe SM26792. The person responsible for data processing is Mr. Leonardo Rosatelli.
LAW OF THE CONTRACT
Reservations for tourism services made via the website https://tripbuilder.madeinuvet.com and all the associated rights and obligations, also with regard to the construction, validity, execution and resolution of disputes, shall be regulated and interpreted in compliance with the substantive laws of San Marino, irrespective of any conflict of laws, rules or principles that may require the application of any other law.
Any disputes deriving from or connected with the execution, interpretation and implementation of these GENERAL CONDITIONS will be devolved exclusively to the jurisdiction of San Marino, and therefore to the jurisdiction of the Court of the Republic of San Marino, to the exclusion of any other court.
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights applying to packages. Leonardo Travel Service S.r.l. – with register office in Via Cesare Cantù, n° 12, 47891 – Dogana (Republic of San Marino) – tel.: +378 0549 970496 – e-mail: : firstname.lastname@example.org will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Leonardo Travel Service S.r.l. has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under Directive (EU) 2015/2302
— Travellers will receive all essential information about the package before concluding the package travel contract.
— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
— The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
— Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, ther than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
— Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. L 326/26 EN Official Journal of the European Union 11.12.2015
— If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
— The organiser has to provide assistance if the traveller is in difficulty.
— If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Leonardo Travel Service S.r.l. has taken out insolvency protection with Fondo Vacanze Felici S.c.a.r.l. (registration number 1565). Travellers may contact this entity or, where applicable, the competent authority (VAT number: 09566380961, registered office: Via Larga n. 6, Milan, Italy – operative headquarters: Via Vittor Pisani n. 12/A, Milan – Italy – e-mail: email@example.com, Fax: 02.92.85.41.01 – Tel: 02.92.97.90.50 from Monday to Friday: 09:00 -12:30 e 14:30 – 17:30) if services are denied because of Leonardo Travel Service S.r.l.’s insolvency.
Standard information form in the case of linked travel arrangements within the meaning of point (a) of point 5 of Article 3 where the contracts are concluded in the simultaneous physical presence of the trader (other than a carrier selling a return ticket) and the traveller
If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via Leonardo Travel Service S.r.l., you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302
Therefore, Leonardo Travel Service S.r.l. will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider.
However, if you book any additional travel services during the same visit to or contact with Leonardo Travel Service S.r.l., the travel services will become part of a linked travel arrangement. In that case Leonardo Travel Service S.r.l. has, as required by EU law, protection in place to refund your payments to Leonardo Travel Service S.r.l. for services not performed because of Leonardo Travel Service S.r.l.’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
Leonardo Travel Service S.r.l. has taken out insolvency protection with Fondo Vacanze Felici S.c.a.r.l. (registration number 1565).
Travellers may contact this entity or, where applicable, the competent authority (VAT number: 09566380961, registered office: Via Larga n. 6, Milan, Italy – operative headquarters: Via Vittor Pisani n. 12/A, Milan – Italy – e-mail: firstname.lastname@example.org, Fax: 02.92.85.41.01 – Tel: 02.92.97.90.50 from Monday to Friday: 09:00 -12:30 e 14:30 – 17:30) if the services are denied because of Leonardo Travel Service S.r.l.’s insolvency.
Note: This insolvency protection does not cover contracts with parties other than Leonardo Travel Service S.r.l., which can be performed despite Leonardo Travel Service S.r.l.’s insolvency.