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Tourism Image - General Contracts

1. BOOKING POLICY AND CONDITIONS

1.1 Austriavacanze – Tourism Image SA hereinafter referred as "Austriavacanze") is a travel agency Destination Management Company under Swiss law and headquarters in Via Alessandro Volta 2° -CH6830 Chiasso - Svizzera holds the appropriate qualification with number N°I.D.I. CHE-154.708.164 that operates as an intermediary through a technological platform accessible at www.austriavacanze.com (hereinafter referred as "Service");

1.2 The User, for the purposes of this contract, is any authorized person who, in accordance with the applicable law, operates as an agency or organizer, is owner registered and accesses www.austriavacanze.com to check availability and/or buy any available tourist services using its technological booking platform;

1.3 The Service is a search engine that allows its Users, within the following Terms and Conditions, to check online availability of tourist services of Tourism image and by various providers, with the possibility for any User to make purchase requests of disaggregated individual travel services, tour packages and other travel services eventually combined by them;

1.4 The booking and purchase of services referred to in paragraph 1.3 shall be governed by these Terms and Conditions as well as those applied by the suppliers - including penalties - that Users declare to know and fully accept;

1.5 Austriavacanze operates as a mere intermediary, having no control over the contents, information and services offered through the Service; as a result, the contract for the supply of the booked services involves exclusively the User and the service provider; Austriavacanze therefore doesn’t accept any responsibility for the veracity, accuracy and updating of the information posted, nor for the proper supply of services; In particular, Austriavacanze is not in any way responsible for  the accuracy of the statements made by the supplier of service, with regards to the characteristics of the rendered services (such as, but not limited to: location, equipment, etc.);

1.6 Given his activity as a mere intermediary, Austriavacanze is not obliged to provide information or news about the health requirements, the regulations and formalities necessary for travelling abroad (such as, but not limited to, documents related to visas, customs procedures, etc.). Austriavacanze is liable only in case of damages resulting from:

1) breaching by intent or gross negligence of its intermediation activities, as governed by these terms and conditions and, therefore, the received agreement;

2) not fulfilling the terms and conditions of supply which Austriavacanze had guaranteed in writing;

1.7 In some cases providers might charge special rates, valid only if the service is combined with one or more other components of the trip (airplane, train, car, etc.) included in a package and sold for a total flat rate price. In such cases to take advantage of special rates, and confirm your reservation, you will need to explicitly accept the terms and conditions of use charged by the supplier for acceptance by ticking the specific box designed and highlighted by the system, otherwise their inapplicability

1.8 In any case, Austriavacanze is liable for any damage caused in the cases specified in detail above, in an amount not exceeding the cost of the intermediated service;

1.9 Using Austriavacanze for the purposes specified above implies full acceptance of these Terms and Conditions and express consent and acceptance of the Privacy Policy below, which is also part of these Terms and Conditions as well as the Contract Conditions applied from the suppliers;

1.10 Parties mutually undertake, within the scope of competence, to conduct their businesses in full compliance with their respective national laws which regulate and govern the sale and/or intermediation of individual services and the organization of package tours;

2. USE OF THE SERVICE

2.1 The features of the Service are all freely accessible by the User who agrees to use Austriavacanze and its tools only for lawful purposes, in compliance with these Terms and Conditions herein and Conditions of Contract by which the suppliers regulate the performance of services;

2.2 The User is banned - without Austriavacanze’s express permission - from modifying, reusing, copying, distributing, transmitting, reproducing, publishing, allowing other users, creating related works, transfer or sell, or in any way using for commercial purposes and not for personal use, any information, content, software and systems, from products obtained or made available through Austriavacanze and the use of the platform on which the service is based;

2.3 The User must provide personal details (name, e-mail, etc.) to the supplier of the requested tourist service in order to carry out any research, to process reservations, to purchase orders and to confirm purchase orders; These data becomes available to Austriavacanze in order to provide a better service and use of the platform; The User automatically authorizes Austriavacanze to process and store such data for the contract purpose and also sends it to the recipients of the reservations or purchase orders for their relevant needs. The User declares and guarantees that provided data are complete, true and correct;

2.4 The Service allows the User to process bookings and/or purchase orders only individually even if the operations are carried out within the same browsing session. Even if the User carries out a number of reservations or purchase orders during the same browsing session (even from different types of tourist services, i.e., booking more flights or a flight plus a hotel), transactions will be always processed individually, resulting in independent separated contracts;


3. REGISTRATION AND COMPLETION OF THE CONTRACT

3.1 In order to access and use Austriavacanze, the User must complete the registration process by entering related data in the specific fields (license or authorization where applicable, insurance, Chamber of Commerce registration number, etc.) or providing all data to Austriavacanze. For this purpose, the User declares and guarantees that all data and information provided during the registration process is updated, complete, true and correct;

3.2 The User agrees to promptly notify any changes on its Austriavacanze – Tourism image registration data and authorizes Tourism Image to verify the truthfulness and accuracy of it all, agreeing to cooperate in such inspections;

3.3 Upon completion of the registration process, Users receive their authentication credentials, consisting of a "User ID" and a unique and secret "Password", for which the User has the responsibility for both their preservation and their use;

3.4 The User will be able to fully use the Service through the specified authentication credentials (User ID and Password). If the User becomes aware of any unauthorized use of these authentication credentials and/or a breach of the confidentiality agreement, the User agrees to promptly report this abusing situation to Austriavacanze via e-mail to: info@tourismimage.com;

3.5 The User acknowledges that in order to regulate access to the Service reserved area, its authentication depends solely on his User ID and Password; Therefore, the User is solely responsible of any access to the Service through the authentication credentials and is liable for any damage or loss caused to Austriavacanze third parties from misuse, loss, misappropriation by others or by the lack of adequate protection of the confidentiality of his Member ID and Password credentials;

3.6 All transactions made using an authorised User ID and Password are considered made by the User related to these credentials. The User acknowledges that Austriavacanze may retrieve any info related to processed transaction in order to regulate access to the Service;
 

4. VALIDITY AND DURATION OF THE ECONOMIC CONDITIONS (ANNEX A)

4.1 These Terms and Conditions govern the business relationship between the User and Austriavacanze from the date of completion of the registration;

4.2 Austriavacanze shall give notice to the User in case decides to modify these Terms and Conditions;

4.3 The economic conditions agreed and reported on Annex A (over commission, etc.) shall be construed as integral and essential part of the contract of which validity times will be indicated on it;

4.4 For the following periods, Austriavacanze will advise the User within reasonable notice of the new economic conditions that, therefore, will replace previous ones for the new period of validity specified;

4.5 Should the User not agree with new economic conditions, Austriavacanze must be notified within 15 days of their reception, otherwise they shall be deemed as accepted;
 

5. PURCHASE ORDERS AND PAYMENTS

5.1 Once registered, or however concluded the contract with Austriavacanze, and then obtained the authentication credentials, the User may proceed with the research of those services referred to in point 1.3 and their purchase;

5.2 The order is defined, and therefore the conclusion of the purchase contract, upon confirmation from the supplier of the availability of the services purchased by the User through the Service; Subject to confirmation by the credit card circuit that funds are available to cover the full amount of the booking, the User will be required to pay Austriavacanze the full amount of the service/s or purchased tour package/s before the deadline indicated in the pro-forma invoice, in the event that the cancellation policy will be cancelled with penalty. For orders where cancellation conditions allow cancellation without penalty, the full amount must be paid before the due date indicated in the pro form a invoice either by bank transfer to the account specified in Annex A referred to previous clause or with credit card;

5.3 Full payment must be made in the indicated currency within the terms set out;

5.4 An adequate proof of payment must be submitted to Austriavacanze via email (office@austriavacanze.com) within the same periods referred to in paragraph 5.2 and 5.3; Vouchers related to the purchased service/s will be issued and transmitted upon reception of such proof;

5.5 Failure to make payments and/or provide an adequate proof of payment according to the procedures and times listed above constitutes an express termination clause such as to determine, by Austriavacanze and the supplier / to termination of, with the application of the provisions in such cases by the Contract Conditions of the supplier and these Terms and Conditions;