Scope of the Contract
Hosteras Srl, based in via Nazario Sauro 10, I-09123 Cagliari, Italy, (hereinafter referred as "Hosteras") is an online travel agency selling to its customers, as they are defined below, a range of single or packaged tourist service products.
This document will set forth the conditions defined by Hosteras aimed at the purchasing through the web site (hereinafter referred as the "Site") of single or packaged tourist service products by the customer (hereinafter referred as the "Client"). The aforementioned conditions must be accepted by the Client before completing the purchase of single or packaged tourist service products as defined below.
Specifically Hosteras agrees with Operators, as they are defined below, to promote and sell their own or third party products through the Site and to make the same products available to the Client according to the applicable laws and Operators' conditions.
Products and Services – Definition
Travel services that can be purchased by the Client through the Site are defined as follows:
"Purchase": the contract between the Client and the Operator, as defined below, according to which the Operator will provide single or packaged tourist service products to the Client in exchange of the price published on the Site.
"Intermediary": Hosteras or other Legal Party endorsed by Hosteras to represent Hosteras in such a juridical position within the Site.
"Operator": Legal Party promoting and selling its own or third party Tourist Packages and/or Travel Services and/or Additional Travel Services on the Site and through the Intermediary.
"Tourist Package": under article 84 of the Legislative Decree n.206 dated 06th September 2005 (hereinafter referred as "Consumers' Code"), a Tourist Package is a journey, a holiday, an "all-inclusive" circuit resulting from a 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:
transportation; b) accommodation; c) tourist services not complementing transportation or accommodation but being significant part of the "tourist package".
"Travel Services": flight, hotel, rent a car, sold or offered for sale separately.
"Additional Travel Services": additional travel services sold or offered for sale on the Site including but not limited to, cruises, holiday apartment rentals or any other service not defined as a Travel Service.
Tourist Packages, Travel Services and Additional Travel Services will be hereinafter collectively referred as the "Services".
The Purchase of Services is a binding contract between the Client and the Operator through the Intermediary.
With reference to the Services, Hosteras acts as intermediary according to its definition and liability as defined in article 4.
Travel Services are not included in Tourist Packages since they are separately listed on the Site thus the Client may combine, according to his specific requirements, the destination, the date, the flight, the hotel, the car rental among a great number of options not resulting from a pre-established combination of elements required to define a Tourist Package as stated by law.
Liability of the Intermediary
With regard to the Purchase of Services the Intermediary acts according to the intermediary definition described in the Travel Contract International Convention (hereinafter referred as "CCV") dated 23rd April 1970 and ratified in Italy in 1977 by Act n.1084.
On no accounts is the Intermediary to be held responsible for any obligation arising from the Services sold or offered on sale on the Site by the Operator with particular regard but not limited to Art. 22, Par. 3 of the CCV, stating that "the Intermediary is not liable for any partial or total nonfulfilment related to journeys, stays or any other services that are part of the Purchase"
The Intermediary is solely responsible for any obligation arising from its role of intermediation and only in such cases where the Client can prove that the choice of the Operator derived by a negligent behaviour.
Compensation for any damage sustained by the Client and related to the nonfulfilment of the Intermediary role is regulated by the CCV.
With regard to the purchase of any Service, the Operator's liability is regulated by the contract between him and the Client, when in place, and by the applicable law to each single Service.
Content of the Site
The Intermediary is committed to any effort to ensure that the Site content and its related offers are accurate and updated. However the Client is fully aware that the information on the Site are provided by the Operators. Therefore, within the boundaries of applicable law, the Intermediary is not to be held responsible of the Site content accuracy.
Conditions of Service Provision
The provision of Services by each Operator is regulated by the General Conditions of Sales.
Purchase Conditions of Services provided by the Intermediary through the Site:
The Client has to submit his personal information and his choice of payment method as indicated on the Site and, in case of credit card payments, information about his credit card.
After receiving confirmation of fund availability from the bank issuing the Client's credit card, the Intermediary will send a confirmation email to the Client within 48 hours, detailing the Purchase transaction. The Client is requested to check the accuracy of the information and immediately contact the Intermediary, following the Site instructions, in case such information should result incomplete and/or inaccurate.
Modification by the Client
The Client may contact Hosteras, as indicated on the Site, for any modification to the Purchase he wishes to make. The Intermediary, although not obliged, will make any reasonable effort to meet the Client's modification request. On no account will he guarantee that, either the Operator or any other third party supplier, will accept such request.
Should the Client request additional or special services they can be purchased on the Site, if available and according to the aforementioned conditions. The Client will be debited with any additional charge requested by the Operator, if applicable.
The Client will be informed of any additional charge occurring when requesting an additional Travel Service. For any modification the Client may be asked to pay an amount of money as a penalty and/or modification charge. Such amount will be notified to the Client prior to the charge.
Modification and Cancellation by the Operator
Modification and Cancellation of the Travel Services. The Client acknowledges that when purchasing Services, the Operator is entitled to make any change to the Purchase at any time.
As stated under par.3, art.22 of the CCV, the Intermediary is not liable for any partial or total nonfulfilment related to journeys, stays or any other services that are offered on the Site. Nevertheless, the Intermediary will inform the Client by email about the modification and/or cancellation, provided he has been granted the necessary information by the Operator.
Any refund of the amount paid by the Client will be processed according to Operator's applicable laws and regulations.
The Intermediary will not compensate for any damage arising from cancellation or modification to the Services in the event of force majeure. Such events include but are not limited to wars, terroristic attacks, national strikes, fires, epidemics, hurricanes and other real or potential natural disaster.
In case of cancellation and/or modification made by the Client in the event of force majeure, any refund of payment made by the Client will be processed according to Operator's applicable laws and regulations.
According to art.55, par.1, letter b) of the CCV, the right of withdrawal is not applicable to the contracts of service provision like accommodation, transportation, catering, leisure activities, such are those in which Hosteras acts as Intermediary, when at the time of Purchase the Operator is committed to provide such services on a given date or time.
Any complaints relating to the execution of the contract is to be made by the Client without hesitation to enable the Intermediary, on behalf of the Operator, or the Operator himself to immediately find a suitable solution. Furthermore, the Client must send any complaint, pertaining to the Intermediary, by registered mail within ten days from his return from the destination to the following address: Hosteras Srl, via Nazario Sauro 10, I-09123 Cagliari, Italy.
Jurisdiction and Governing Law
This contract is subject to the Italian Law, to the CCV and to the provisions contained in the Consumers' Code, Title III, Chapter I, Section II ("distance contract").
The official language of the present Agreement is Italian. Any translation in any other language is offered to the Client for her convenience. The Client is asked to overview the Italian text of the present Agreement.
Act 269/98, art.16
The Italian Law punishes with imprisonment crimes relating to prostitution and child pornography even when such crimes are committed outside the Italian territory.