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Terms and Conditions - Nicolaus Club

MeTour Nicolaus Club Valtur Grimaldi Lines
This is a revised and optimized version of the General Conditions of Sale of Tourist Services and Packages offered by the Nicolaus Group, without leaving out or omitting any content. The publication on MeTour.it is updated as of 12/30/2024 and constitutes an integral part of the booking agreement. To consult the original document, visit: https://storage.googleapis.com/cmsattachments/cmssite/3/3-vtcondizioni-generaliw24_1726148171.pdf
Nicolaus SpA , a company with a single shareholder subject to the management and coordination of Erregi Holding srl, with the following company data:
VAT - Fiscal Code: 01517830749
License No.: 239 of 28/05/1999
REA: 70077 - Company Reg. of BRINDISI n. 01517830749
Share Capital: Euro 100,000.00 iv
CONTENTS OF THE TOURIST PACKAGE SALES CONTRACT
In addition to these General Conditions, the document “Partire Informati” (present in the catalogues and on the website), as well as the description of the service or tourist package purchased, also form an integral part of the travel contract. These documents are contained in the catalogue (or in the non-catalogue travel programme), in the telebooking system, on the nicolaus.it website and in the booking confirmation of the services (so-called “Statement of Account”) sent by Nicolaus SpA (hereinafter also “Organiser” or “Nicolaus Tour”) to the traveller or travel agency. By signing the proposal for the sale of a single service or a tourist package, the traveller declares that he has read and accepted, for himself and for the subjects for whom he is purchasing the service, both these General Conditions and the warnings and contents of the document “Partire Informati”.
1. LEGISLATIVE SOURCES
The sale of tourist packages or associated tourist services is governed by the Tourism Code (in particular articles 32-51-novies), as amended by Legislative Decree no. 62 of 21 May 2018, implementing Directive (EU) 2015/2302 , as well as, where applicable, by the provisions of the civil code on transport and mandate.
Contracts that concern a single tourist service (for example, transport only or accommodation only) and do not fall within the definition of a “tourist package” are not subject to the specific protections provided by Directive (EU) 2015/2302. In such cases, the seller or intermediary, who acts to procure a single service for third parties, is required to provide the traveler with documentation certifying the service and the amount paid, but cannot be considered an “organizer”.
2. ADMINISTRATIVE REGIME
The organizer and the seller (or intermediary) must be authorized to carry out their respective activities according to the current legislation. They communicate to the traveler:
  • The details of the professional liability insurance policy.
  • Details of any additional insurance policies that may be included in the price (e.g. medical expenses, baggage, etc.).
  • Details of optional policies available (e.g. cancellation, interruption of stay, Covid-19 infection).
  • The details of the guarantee against risks of insolvency or bankruptcy of the organizer and seller (in the case of a tourist package).
3. DEFINITIONS
For the purposes of the package travel contract pursuant to art. 33 Legislative Decree 62/2018, the following shall be understood as:
Tourist service:
  • a. Transport of passengers.
  • b. Accommodation (not an intrinsic part of passenger transport and not intended for residential purposes).
  • c. Rental of cars or other motor vehicles (including motorcycles with category A license).
  • d. Any other tourist service not intrinsically part of those in points a), b) or c).
  1. Package: combination of at least two tourist services listed, for the same trip or holiday, under the conditions set out in art. 4 of these Conditions.
  2. Package Travel Contract: the contract that includes all the services included in the purchased package.
  3. Organizer: the professional who combines tourist packages and sells them (or offers them for sale) directly or through third parties.
  4. Seller/Intermediary: the professional who sells or offers for sale services/packages combined by an organizer.
  5. Traveller: a person who purchases or intends to purchase a package travel contract, or who is authorised to travel under such a contract.
4. CONCEPT OF TOURIST PACKAGE
According to art. 33 Legislative Decree 62/2018 , a “tourist package” means the combination of at least two tourist services including transport, accommodation and other services, sold at a flat rate or presented as a single product. The combination can also be configured through linked booking processes (e.g. purchase of transport and accommodation within 24 hours of each other, with transmission of name and contact details).
5. CONTENTS OF THE TOURIST PACKAGE CONTRACT – PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED
  1. At the time of conclusion of the package travel contract, or as soon as possible, the organiser (or seller) provides the traveller with a copy/“booking confirmation” of the services.
  2. This confirmation is transmitted in paper or electronic format (account statement).
  3. For contracts negotiated away from business premises or at a distance, the confirmation is provided on a durable medium (e.g. e-mail).
6. TRAVELLER INFORMATION IN TOURIST PACKAGES
Before the traveler is bound by a package travel contract or an equivalent offer, the organiser and/or the seller provide the Standard Information Form and the following information:
  • Main features of the services (destinations, itinerary, accommodation, meals, visits, languages, etc.).
  • Trade name of the organiser and/or seller, their contact details and address.
  • Total price, taxes, duties, fees and additional costs.
  • Payment methods, deposits and balances.
  • Minimum number of people required for the package (if applicable) and deadline for termination if this number is not reached.
  • Passport, visa and health formalities requirements.
  • Information on any insurance and withdrawal methods.
  • Details of insurance coverage and guarantees pursuant to art. 47 of the Tourism Code.
7. PAYMENTS
  1. Deposit: at the time of signing.
  2. Balance: must be paid within the terms indicated by Nicolaus.
  3. Failure to pay the sums will result in termination of the contract, with the application of penalties as per art. 10.3.
  4. The payment is considered made when it reaches the organizer. The traveler must verify the validity of the seller's insolvency/bankruptcy guarantee.
8. PRICE
The price is determined in the catalog or in the program outside the catalog. For tourist packages, it can vary by no more than 8% and no more than 20 days before departure, exclusively for:
  • Cost of transportation (fuel, etc.).
  • Taxes, duties, charges (e.g. port, airport).
  • Exchange rates.
If there is a price reduction, the traveler is entitled to a corresponding reduction net of the documented administrative costs of handling the case.
9. MODIFICATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
  1. Nicolaus may make unilateral changes of little importance, providing timely notice.
  2. If a modification concerns essential elements (art. 34 paragraph 1, letter a) of the Tourism Code) or exceeds 8% of the price, the traveler can:
    • Accept the change.
    • Withdraw from the contract without penalties.
  3. In the event of withdrawal, Nicolaus may offer a replacement package of equivalent or higher quality.
  4. If the change results in a lower quality package, the traveler is entitled to a price reduction.
  5. In case of non-acceptance of the alternative proposal, the organizer will provide a full refund of payments within 14 days. No further compensation is due if the withdrawal is caused by unavoidable/extraordinary circumstances or by failure to reach the minimum number of participants
10. WITHDRAWAL
A) Of the traveler
  1. The traveler can withdraw without penalties:
    • If the price increase exceeds 8%.
    • If there is a fundamental change to one or more services.
    • If special requests already accepted by the organizer cannot be met.
  2. For unavoidable and extraordinary circumstances occurring at the destination, the traveler has the right to withdraw without penalties and to a refund of the amount paid, but not to further compensation.
  3. Outside of these cases, in the event of withdrawal the traveler is subject to the penalties indicated in the following paragraph 3.1.
    1. 3.1. Standard penalties (packages and accommodation only):
      • 10% up to 30 working days in advance.
      • 30% from 29 to 21 working days before.
      • 50% 20 to 14 working days before.
      • 75% from 13 to 3 working days before.
      • 100% beyond these terms or in case of No Show, failure to appear, invalid documents, etc.
Practice management fees and insurance are never refundable.
4. For pre-established groups, conditions may vary based on specific agreements.
B) Of the organizer
6. The organizer may withdraw from the contract without compensation if:
  • The minimum number of participants is not reached.
  • There are extraordinary circumstances or causes of force majeure.
In this case, payments made are refunded within 14 days.
11. ORGANIZER'S LIABILITY FOR INCORRECT PERFORMANCE AND SUBSEQUENT IMPOSSIBILITY DURING THE PERFORMANCE OF THE TOURIST PACKAGE – TIMELINESS OF THE DISPUTE
  1. The organizer is responsible for the execution of the services contained in the package, even if provided by third parties, except in cases of force majeure or extraordinary circumstances, or the fault of the traveler.
  2. The traveler must promptly communicate any lack of conformity.
  3. If a service is not compliant, the organizer will remedy it, except in the case of impossibility or excessive cost.
  4. If the organizer does not remedy the situation, the traveler is entitled to a price reduction and/or compensation.
  5. If the breach is serious, the traveler may terminate the contract. The organizer must offer alternative solutions of equal or superior quality, or an adequate refund.
  6. If it is impossible to continue with the package, the organizer will provide an equivalent means of transport for the return journey, with possible reimbursement for the unused part.
12. SUBSTITUTIONS AND PRACTICAL VARIATION
  1. The traveler may transfer the package travel contract to a third party who satisfies the same conditions, giving notice at least 7 working days before departure.
  2. The transferor and transferee are jointly liable for the balance and additional costs.
  3. Any changes after the booking will incur administrative costs (at least 30 or 50 euros) and are subject to actual availability. Changes to dates/facilities are equivalent to withdrawal.
13. TRAVELLER'S OBLIGATIONS
The traveler must:
  • Possess the necessary identity documents and visas.
  • Find out about the safety, health and climate conditions of your destination.
  • Observe the rules of normal prudence, good faith and diligence.
  • Provide the organizer with documents, information and elements useful for exercising the right of subrogation towards responsible third parties.
  • Please report any special needs (disabilities, allergies, etc.) before signing the contract.
14. HOTEL CLASSIFICATION
The official classification of the facilities is established by the competent authorities of the destination country. The organizer reports the classification provided by the managers, without being able to modify the parameters.
15. LIABILITY REGIME
In the case of a travel package, the organizer is liable for damages suffered by the traveler due to partial or total non-fulfilment of the contractual services, except in cases of force majeure or fault of the traveler. The seller is liable for obligations arising from his role as an intermediary.
16. COMPENSATION LIMITS FOR TOURIST PACKAGES AND LIMITATION PERIOD
Compensation due by the organizer is subject to the limits established by international conventions, as well as by the Tourism Code.
The right to a price reduction or compensation for modifications or lack of conformity expires after 2 years; for personal injury, after 3 years.
17. POSSIBILITY OF CONTACTING THE ORGANIZER VIA THE SELLER
  • The traveler may also forward communications relating to the execution of the package to the seller, who will promptly forward them to the organiser.
  • The date of receipt, even by the seller, is considered as the date of receipt by the organizer.
18. OBLIGATION TO PROVIDE ASSISTANCE
For package tours, the organizer provides adequate assistance to travelers in difficulty, in particular by providing information on health services, local authorities, consular assistance. He may request a reasonable cost if the cause is attributable to the traveler.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
The traveler can (and is advised) to purchase insurance policies to cover cancellation, medical expenses, theft or loss of baggage. If such policies are not included, it is advisable to purchase them at the time of booking.
20. ALTERNATIVE DISPUTE RESOLUTION TOOLS
The organizer may propose forms of alternative resolution (ADR) for disputes that arise. In this case, it specifies the type and effects.
21. TRAVELLER GUARANTEES – ASTOI FUND FOR THE PROTECTION OF TRAVELLERS (ART. 47 CODE OF TRAVEL)
For package travel contracts, Nicolaus Tour adheres to the ASTOI Traveler Protection Fund ( www.fondoastoi.it ) which guarantees, in the event of insolvency or bankruptcy, the reimbursement of the sums paid and the return of the traveler if the package includes transportation. It does not cover individual services that do not fall within the definition of a package travel.
22. OPERATIONAL CHANGES AND SPECIAL SITUATIONS
  1. It is possible that schedules, carriers or routes may change, even after confirmation. It is recommended to check their actual operation 48/24 hours before departure.
  2. Pregnant women are generally allowed to travel by air up to the 28th week if they have a medical certificate; beyond the 34th week they may not be accepted.
  3. The organiser will communicate the identity of the air carrier in accordance with EC Regulation 2111/2005.
23. AGE LIMITS
The age conditions specified (e.g. for infant or child) refer to the age of the minor at the time of arrival at the facility.
ADDENDUM GENERAL CONDITIONS OF SALE CONTRACT OF SINGLE TOURIST SERVICES
A) Regulatory provisions
Contracts that concern a single tourist service do not fall within the definition of a tourist package. For such contracts, the provisions of the civil code and the specific regulations of the service provider apply exclusively.
B) Reduced privacy information
  • Data controller : Nicolaus SpA (headquarters in Via Foggia snc - Contrada Santa Caterina, Ostuni).
  • Purpose of processing: execution of the tourist contract; legal basis: execution of contractual obligations, explicit consent, legal obligations.
  • Data provision: necessary for booking; for special data (e.g. health) explicit consent is required.
  • Data retention: 3 years after travel, unless otherwise required by law.
  • Traveler rights : revoke consent, access, rectification, cancellation, limitation, opposition, complaint to the Authority. More info on nicolaus.it/privacy-policy.
Mandatory communication (art. 17, L. 38/2006):
“Italian law punishes with imprisonment crimes related to prostitution and child pornography, even if committed abroad.”
(End of Nicolaus General Conditions of Sale – text updated on 12/30/2024. For the full version, see:
https://storage.googleapis.com/cmsattachments/cmssite/3/3-vtconditioni-generaliw24_1726148171.pdf )
Biglietti per Navi e Traghetti Grimaldi Lines