GENERAL RULES AND CONDITIONS

ART. 1 – Content of the contract – description of the tourist package – applicable rules
The tourist package which is the subject of this contract is governed by the special conditions, reported below, by the catalogue or by the printed programme; expressly indicated in the Special Conditions of the travel proposal, as well as by these general conditions. The description of the tourist package which is the subject of the contract is contained in the special conditions of the travel proposal, integrated by the descriptions contained in the printed programme referred to therein. The provisions contained in Legislative Decree 17 March 1955 n. 111 of Directive 2015/2302 EU, in the relevant international conventions and in particular the Brussels Convention of 23 April 1970, made executive by law 29 December 1977 n. 1084, the Warsaw Convention of 12 October 1929 on international carriage by air, made executive by law 19 May 1932 n. 41, are also applicable to this contract, insofar as they are not derogated from.

ART. 2 – Price – revision – deposit :
The price of the tourist package, including the registration fee, is determined by the Special Conditions of the travel proposal of this contract. This price may be modified only in relation to variations in the cost of transport, fuel, rights and taxes, such as embarkation and disembarkation taxes in ports and the exchange rate applied (as indicated in the Special Conditions of the Travel Proposal). The revision of the price will be determined in proportion to the variations of the aforementioned elements and the Traveller will be provided with an indication of the variation of the price element that determined the variation itself. At the time of booking, and therefore at the time of signing this contract, the traveller must pay a deposit equal to 25% of the price, in addition to the registration fee(s). The balance of the price must be paid 30 days before the start of the trip. If the booking is made within 30 days of the departure date, the traveller will make full payment at the time of booking.

ART. 3 – Insurance
Gomo Viaggi has taken out policy no. 1/72930/4/4187841 with Unipol Sai Assicurazioni to cover civil liability, in compliance with the Marche Region law no. 11/07/2006 no. 9. The traveler may also take out an additional optional policy for trip cancellation, AXA insurance   under the conditions set out in the cancellation policy proposed by the organizer;
Limitations: the insurance is not valid if at the time of taking out the policy there are already existing conditions of illness or events that will determine the cancellation of the trip. In the event of an accident and within one day of the event that caused the cancellation, the insurance company must be informed in writing, attaching the documentation, medical certificates or other, relating to the causes of cancellation. Pursuant to art. 21 DL16 March 1995 a Guarantee Fund was established at the Presidency of the Council of Ministers which all travellers will be able to use in the event of insolvency or bankruptcy of the seller or organiser, for the reimbursement of the price paid and repatriation in the event of travel abroad. The functioning of the Guarantee Fund was established by decree of the President of the Council of Ministers in agreement with the Treasury Ministry pursuant to art. 47 and 49 of the Tourism Code: Gomo Viaggi “Secur travel” Policy No. 2022-0228-2-0117 (annual update)

ART. 4 – Withdrawal – cancellation
4.1) The Traveller has the right to withdraw from the contract, without paying any penalty in the following cases: increases in the price of the tourist package indicated in the “special conditions” in excess of 10% – essential changes to the contract requested by the Organizer after the conclusion of the contract and not accepted by the Traveller. In the cases indicated or, when the Organizer cancels the tourist package before departure, for any reason, except for the fault of the Traveller himself, the latter has the following alternative rights:
a) to use another tourist package of equivalent quality or, if not available, superior without price supplements, or a tourist package of lower quality, with refund of the difference
b) to receive a refund of the part of the price already paid within 7 working days from the moment of communication of the intention to withdraw, pursuant to the following paragraph or of the cancellation. The traveler must communicate, in writing to the organizer, his choice to withdraw, or to use the alternative tourist package, no later than 2 days from receiving the alternative proposal: Furthermore, if he provides specific proof, the Traveler also has the right to compensation for any further damages he may have suffered as a result of the failure to execute the contract. The traveler, however, does not have the right to compensation for any greater damages, when the cancellation of the trip depends on the failure to reach the minimum number of participants, possibly indicated in the “special conditions”, and the traveler has received communication of the failure to reach the number at least 20 days before the date set for departure; or when the cancellation depends on force majeure.

4.2) If the traveler intends to withdraw from the contract, outside the cases listed in point 4.1, he/she will have to pay, as a ” penalty clause” pursuant to art. 1382 of the civil code , independently of the payment of the deposit referred to in art. 2, the following penalties (in the form of a percentage of the price of the tourist package, in addition to the registration or practice opening fee and the out-of-pocket costs for the cancellation of services.

 The registration fee plus:-10% for cancellations up to 30 working days before departure
– 25% for cancellations up to 21 working days before departure
– 50% for cancellations up to 15 working days before departure
– 75% for cancellations up to 5 working days before departure

No refunds after this deadline

For cancellation of an apartment in Lussino/Novalja/Rovinj: for cancellation of the entire procedure, regardless of the number of people (see clauses art. 4.2 above); For partial cancellation of one or more people on the same procedure: a) for travel by ship ( see clauses art. 4.2 above ); for apartment cancellation: The amount of the withdrawing party/parties must be paid in full by the withdrawing party/parties; or alternatively the amount of the withdrawing party/parties will be divided among the people still listed on the contract or booking statement. No refund will be given to those who cannot travel due to the lack   of a personal travel document upon departure; for an expired travel document; for a torn, illegible document, for a document inserted in a mobile phone  and not physically controllable by the personnel in charge.

It is possible to take out a special policy (optional) against the penalty for cancelling the trip under the conditions set out in the AXA ASSICURAZIONI ”cancellation”’ policy proposed by Gomo Viaggi (info in the agency)

4.3) Substitutions. The renouncing Passenger may be replaced by another person (by changing the name) provided that the Organizer is informed within 3 working days before the departure date with the personal details of the new passenger and there are no reasons relating to the travel document, visas, health certificates, hotel accommodation, ship or air transport services or in any case such as to make it impossible for a person other than the renouncing Passenger to enjoy the package. The incoming Person must reimburse the Organizer for all expenses incurred to proceed with the substitution, in the amount that will be quantified upon communication of the transfer. The renouncing Person must pay, in any case, the registration fee and will be jointly responsible with the Transferee for the payment of the balance of the amount due, as well as for the amounts and expenses incurred for the substitution.

ART. 5 – Responsibility of the organizer and the Seller. The responsibility of the Organizer towards the traveler for any damages suffered due to the failure or incorrect fulfillment of the obligations assumed upstream of this contract, is regulated by the law of the international Conventions in force on the subject. Therefore, in no case may the responsibility of the Organizer, for whatever reason arising, towards the Traveler exceed the limits established by the Laws and conventions in force on the subject, in relation to the damage complained of. The Travel Agent (Seller) through whom the sale of the tourist package was made, is not liable in any case for the obligations arising from the organization of the trip, but is liable exclusively for the obligations arising in his capacity as intermediary and in any case within the limits for such liability established by the law and conventions in force on the subject. In any case, the liability of the Organizer, of the seller, is excluded if the non-fulfilment complained of by the Traveller depends on causes attributable to the Traveller himself, or by chance or by causes of force majeure, such as for example: strikes, suspension of services due to adverse weather and sea conditions, war events, civil and military disorders, riots, natural disasters, looting, acts of terrorism, pandemics, etc. Furthermore, the Organizer cannot be held responsible for any damages deriving from the provision of services supplied by third parties and not part of the tourist package, or which derive from autonomous initiatives undertaken by the Traveller during the execution of the trip.

ART. 6 – Complaint Any failure in the execution of the contract must be contested by the Traveller, without delay, so that the Organizer, his local representative or the companion can promptly remedy it. The Traveller may also file a complaint by sending a registered letter with return receipt or, alternatively, a certified PEC email to the Organizer and the Seller no later than 10 working days from the date of return to the place of departure.

ART. 7 – Applicable law and competent court This contract is governed by Italian law; For any dispute, the Court of Pesaro will have exclusive jurisdiction.

ART. 8 – Regional laws The travel agency will observe the provisions of the regional laws in force addedum general conditions of contract for the sale of individual tourist services

A) Regulatory provisions – Contracts having as their object the offer of only the transport service, of accommodation, or of any other separate tourist service, not being able to be configured as a contractual case of travel organization or tourist package, are governed by the following provisions of the CCV art. 1, n. 3 and n. 6 art. 17-23; art. 24 to 31, as regards provisions other than those relating to the organization contract as well as other agreements specifically referred to the sale of the single service which is the object of the contract.

B) Contract conditions – The following clauses of the general conditions of the contract for the sale of tourist packages reported above are also applicable to these contracts: art. 4 – 1st paragraph; art. 5; art. 7, art. 8; art. 9; art. 10-1st paragraph; aet. 11; art. 15, art. 17. The application of said clauses in no way determines the configuration of the relative contracts as a type of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, trip, etc.) must therefore be understood with reference to the corresponding figures in the contract for the sale of individual tourist services (seller, stay, etc.). The data of the signatory of the travel contract and the data of the participants, the provision of which is mandatory to guarantee them the use of the booked tourist services, will be processed manually or electronically in compliance with – Legislative Decree 10/08/2018 n. 101 relating to the entry into force of European regulation 2016/679 relating to the processing of data  Mandatory communication pursuant to art. 17 of law 6 February 2006 n. 38 – Italian law punishes with imprisonment the crimes related to prostitution and child pornography even if they are committed abroad.

TECHNICAL ORGANIZATION: Gomo viaggi – Pesaro: registration at the Court of Pesaro n. 165208 rea register of companies CCIA PS02237970419 – Municipal authorization n. 30/2006 Insurance policy RC UNIPOL SAI N. 1/72930/4/4187841 – Insurance ”guarantee fund” – SECUR TRAVEL N. 2022/0228-2-0117

REGULATIONS AND CONDITIONS OF MARITIME TRANSPORT

ART. 1 – The transport of passengers:
– by sea with the fast vessel “NAUTILUS” is operated by the Maritime Company ”RIGHETTI NAVI” based in Cesenatico (Italy) for routes to and from the ports of Pesaro and Cesenatico.

Art. 2 – Tickets:
The passenger must be in possession of a valid ticket which is personal and non-transferable. The ticket is valid only for the day indicated on the ticket. No refund will be given to those who do not show up for departure within the scheduled boarding times.

ART. 3 – Boarding :
Passengers are required to present themselves for boarding
a) for sea routes 1 hour before the departure time to complete the control and boarding formalities; check-in for sea routes will close 15 minutes before the actual departure of the ship. After this deadline, the right to boarding will lapse. The passenger is also required to inquire before departure that there have been no changes to the departure time shown on the ticket.
b) bus transfers from Cesenatico , for boarding in Pesaro, when scheduled, present themselves at the port of Cesenatico (via porto ang. Vial Carducci in front of the Miramare hotel) by 05:45 at the latest. The coach departure from Cesenatico for boarding in Pesaro is scheduled for 06:00. No refund will be provided for failure or delay in presenting themselves for check-in (ship or coach) as above.

ART. 4 – Delays:
no compensation or damages will be paid in the event of a delay of the vessel.

ART. 5 – Luggage:
a) sea transport : one hold luggage is permitted (suitcase or trolley weighing a maximum of 15 kg) maximum dimensions 65x45x30 cm plus one hand luggage (backpack or bag – no trolley) up to a maximum of 5 kg for each adult passenger. Excess weight or oversized items will be subject to an additional charge depending on the weight/volume of the luggage and the ship’s capacity for excessive loads. Extra packages or luggage must be reported when purchasing the ticket and will be subject to the excess charge. In any case, bulky luggage (surfboards, inflated dinghies, etc.) will not be permitted. For the reduced-rate day trip ticket, hold luggage is not permitted, but only a small backpack or bag weighing a maximum of 3 kg.

ART. 6 – Documents for travel abroad:
Passengers, including minors, must be in possession of a valid identity document or personal passport, not expired. The Organizer is not responsible in the event of refusal of boarding due to irregularities in personal documents; in this case the passenger will not be entitled to any refund of the ticket price.

ART. 7 – Responsibility :
The organizer does not assume responsibility for vessel breakdowns, losses, delays, or damages resulting from storms, shipwrecks, collisions, strong winds, changes of route, fires, acts of war or piracy and any maritime accident; suspension or cancellation of landings; changes in itineraries and timetables or any other fortuitous or accidental event not attributable to the organizer.

ART. 8 – Failure to depart of the high-speed vessel ”Nautilus”/re-routing:
In the event of purchase of a travel ticket only, in the event of failure to depart of the high-speed vessel due to breakdown, adverse sea weather conditions, technical and bureaucratic reasons, the passenger will be entitled to the alternative transport service arranged by the Organizer. This alternative transport service will be arranged at the time and could generate significant delays in departure and arrival at the destination. If alternative sea transport is not available, a coach transport service will be provided to the port of destination. In the event of non-acceptance of the alternative service, the passenger will be entitled to a refund only for the unused portion. In the event of the purchase of a package exclusively organized by us, including travel and accommodation, the passenger departing from an Italian port who accepts the alternative transport service will be entitled to compensation of €15 per person per night in the event of a hotel stay, or €10/person per night in the event of a stay in an apartment, private rooms or camping for a maximum of 4 nights (children 0-12 no compensation); in the event that the passenger does not accept the replacement transport service, he/she may use the first available departure for the booked destination, while maintaining the return already booked unchanged and will be entitled to compensation of €20/per person per night in the event of a hotel stay and €10/per person per night in the event of a stay in an apartment, private rooms or camping for the nights of stay lost only (children 0-12 years no compensation); in the event that the passenger does not accept any of the solutions proposed above and renounces the trip, he/she will be entitled to a refund of only the unused part of the journey; the compensations will be paid upon return from the trip by bank transfer to the IBAN provided by the passenger entitled and who will make a written request. In both cases mentioned above there will also be the possibility of waiting for the weather and sea conditions to become suitable for the trip.

Auto-translated from Italian.

Last update: 14/03/2025
Source: https://www.gomoviaggi.com/norme-e-condizioni-generali/