GENERAL TERMS AND CONDITIONS FOR THE SALE OF A TRAVEL PACKAGE
1. Preamble The Grand House
The Grand House allows its clients to live a luxury experience in the most beautiful cities of Italy, its packages provides for the lodging in comfortable apartments with high quality touristic and ancillary services.
* * *
The Grand House offers its service in the principal Italian cities. The locations are always in the center and allow to easily reach the city’s main areas.
2 Governing law
The package travel contract will be governed by the Italian laws (D.Lgs. May 23, 2011 no.79, “Code of Tourism”) and by the European laws (EU Directive 2015/2302).
The following terms and conditions will prevail over the applicable laws where not in express contrast.
3 Travel Agency data
The travel agency named “The Grand House” is managed, under the trademark “The Grand House”, by The Grand House S.r.l. (hereinafter the “Agency”), with registered offices in Via Giacomo Peroni no.130, 00131 Rome, Fiscal Code and VAT no. 14371111007, registered at the Chamber of Commerce of Rome at REA no. RM 1515971, PEC H2OGP130@legalmail.it.The travel agency provides its services primarily through the web site www.thegrandhouse.com, including all its subdomains (hereinafter also the “Web site”).
4 Compulsory information
4.1 Travel packages
The Agency offers travel packages, as hereinafter defined by article 33 of the Code of Tourism.
The “Travel package” can be defined as a set of at least two of the following services (i) lodging, (ii) ancillary touristic services, (iii) transportation and (iv) vehicles rent, for the same travel or tour.
4.2 Information prior the entering into the contract
The standard pre-contractual information according to Annex A of the Code of Tourism can be found at the following link https://www.thegrandhouse.com/package-travel-contracts/
4.3 Information according to article 34 of the Code of Tourism
The Agency, through the present Terms and Conditions and during the purchase procedure of the Travel Package, provides you with the following compulsory information:
a) the characteristics of the touristic services, such as:
1) the destination or the destinations of the travel, the itinerary and the period of stay with the related dates and the number of nights;
2) the transport means, the characteristics and the category of the transportation means, the dates, the timings of departure and way back, the duration and the place of stop and the connections with other transportation means; in the event the timing is not yet set, the Agency will provide you with the estimated departure and way back timing;
3) the address, principal characteristics, and, if applicable, the category of the accommodation;
4) the meals served;
5) the visits, excursions or other services included in the total price agree for the Travel Package;
6) the touristic services provided to you as part of a group and, in such case, the dimensions of the group of travelers;
7) the language in which the touristic services are provided;
8) if the travel is suitable for people with reduced mobility and, upon your request, detailed information about the suitability of the travel according with your requirements;
b) the total price of the Travel Package, comprehensive of taxes, rights, duties and additional costs, also comprehensive of the administrative expenses;
c) the payment means, comprehensive of the amount and percentage of the price to be paid as deposit and the timing for the payment of the balance;
d) the general information regarding the terms about passport and visa, and also the expected timings to obtain the visa and the health requirements for the country of destination;
e) the information about the withdrawal right enforceable in any moment prior to the start of the Travel Package in exchange for the payment of the withdrawal penalty;
f) the insurance policy data.
5. Purchase of the Travel Package and Agreement
5.1 The Grand House website
The web site www.thegrandhouse.com, including all its subdomains, is the instrument used by the Agency in order to sell its services.
The use of the Site, as an online marketplace, is free. Purchase of services provided by the Agency is only allowed to users of age and registered (hereinafter also “Customers”). The purchase of the services offered on the Site involves the entering into a purchase agreement for the Travel Package between the Customer and the Agency (hereafter “Agreement”) governed by the present terms and conditions.
The services offered by the Agency and included in the Travel Package are very different, but always include the accommodation. In addition to the accommodation, the Travel Package offers, among other things, the following services (hereinafter also “Additional Services”): typical food products, personal chefs, fitness and spa centers, massages, training and events (cooking classes and shows cooking), guided tours, children entertainment, baby-sitting, airport transfer, laundry, personal shopper, ticket office (museums/ events/shows).
The Customer is required to read carefully these General Terms and Condition because they provide all the information regarding the Agreement and any right or obligation arising out of it on the Customer and/or the Agency.
Both accessing and using the Site, or expressly registering and purchasing the Travel Package, the Customer agrees to be bound by the present General Terms and Conditions.
The Site may contain links of websites or resources of third party. These services of third party may be subject to different terms and conditions and to different data protection policies. The Agency is not responsible for the availability or accuracy of such third party services or content, products or services available through such third party services. Links to such third party services do not constitute an endorsement by the Agency.
Due to the nature of Internet, the Agency cannot guarantee the availability and accessibility without interruption of the Site. The Agency may limit the accessibility to the Site or specific areas or functions of it in the event of capacity limit, security and integrity of its servers, or to carry out maintenance work to ensure the correct or improved functioning of the Site. The Agency reserves the right to improve, optimize and modify the Site from time to time, as well as to introduce new services.
The Agency undertakes to manage the Site and its functionality with the maximum professionality and care possible. With the exception of this last commitment, any guarantee regarding the availability of the Site and the accuracy of the information contained therein is, to the extent permitted by law, expressly excluded.
To use the Site and register an account is necessary to be at least 18 (eighteen) years old and be in full possession of legal capacity to enter into binding agreements.
By using the Site and signing up, the Customer declares and grants to be 18 (eighteen) or older and to be in possession of all the necessary legal requirement for the entering into Agreements.
The Customer shall inform the Agency at the moment of submission of the purchase order about any illness or disability, physical or psychological, which may require special care or assistance.
The Agency may subordinate the access or use of the Site or specific areas or functions to people with specific requirements or conditions, such as for instance, the finalization of an identity verification process, the satisfaction of specific quality or eligibility criteria, satisfaction of a number of reviews or ratings, or the history of reservations and cancellations.
The Agency reserves the right to modify the present General Terms and Conditions in any moment, in accordance with the provision of this section. In the event the General Terms and Conditions are changed, a new version will be published on the Site and the date of “Last update” changed. With reference to the bookings not yet performed, the new General Terms and Conditions will automatically be applicable at the time of publication on the Site. With reference to the bookings already performed, the Agency will send to all the Customers a specific notice, providing the maximum advance possible, informing the same that the new General Terms and Conditions will be applicable after 15 (fifteen) days from the receipt of the notice.
In the event the Customer disagrees in connection with the amendments to the General Terms and Conditions, the Customer may terminate this Agreement with immediate effect. The Customer will be informed of the right to terminate the Agreement in the notice sent by email. In the event the Customer does not exercise his right of withdrawal from the Agreement before the date in which the updated General Terms and Conditions become effective, the new access or continued use of the Site will constitute effective acceptance of the General Terms and Conditions as amended. In the notice sent by email will be clearly indicated that the new General Terms and Conditions will not apply to Travel Packages starting within 15 (fifteen) days from the receipt of the notice.
5.3 Registering on the Web Site
In order to purchase and use specific services provided for in the Site, it is necessary to register and open an account (hereinafter even only “Account”).
If the Customer open an Account for a company or a legal entity, he/she states and guarantees to be entitled to legally bind such entity and provide all the necessary authorizations required by the General Terms and Conditions.
A Customer can open an Account by using an email address and creating a password or through his/her account registered on some specific social network services of third parties, such as Facebook, Twitter or Google (hereinafter even only “Account SNS”). The Customer can disable the connection between his/her Account and the Account SNS in any moment by accessing the “Settings” section of the Site.
During the registration process, the Customer should provide specific information, updated and complete that he/she should keep regularly updated on your Account.
No Customer can register more then 1 (one) Account excluding express authorization received from the Agency. The Customer shall not give or transfer to third parties the Account.
The Customer is responsible for the privacy and security of the access credentials to his/her own Account and shall not disclose it to third parties. The Customer shall immediately inform the Agency if he/she is aware of or has reason to suspect that his/her credentials have been lost, stolen, taken or compromised or in the event of any actual or suspect unauthorized use of his/her Account. The Customer will also be responsible for all transactions carried out with his/her Account unless such activities have been carried out without his/her permission. The Customer will also be liable if he/she has been negligent (for example, not reporting unauthorized use or loss of credentials).
Prior to perform the purchase, through the submission of the purchase order, the Customer will be duly informed, using the related form reachable at the indicated link, that the selection of the services proposed on the Web Site is a Travel Package according to the European Directive 2015/2302 and that the Customer will benefit of all the related rights. To the Customer will be then requested, through the subsequent, screens, to read and accept the present General Terms and Conditions and the summary document about the Travel Package. Will be also provided on the screen a general summary of the principal characteristics of the Travel Package requested through the purchase order with indication of the related price and of the payment means available.
In order to proceed with the on line purchase of a Travel Package the Customer shall fill the purchase order choosing between the selection provided by the Agency on the Web Site. At the moment of submission of the purchase order the Customer will be warned that such submission implies the obligation to pay the price. Prior to the submission of the purchase order, the Customer shall indicate and correct potential errors in the data filled in the form. The Customer, following the required procedure, will provide the Agency with his/her proposal. Such proposal, while the acceptance of the Agency is not yet received, is binding and cannot be cancelled for 7 (seven) days. The Agreement is effective at the moment in with the Agency, confirming its acceptance of the Customer proposal, will send to the Customer, by email, a summary of the Travel Package comprehensive of the General Terms and Conditions, the summary document of the Travel Package and all the information already provided at the moment of submission of the purchase order.
Any data not properly reported in the Agreement shall be immediately highlighted by the Customer to the Agency by calling at the phone number indicated in the email.
The Travel Package will include only the services indicated in the Agreement.
At the moment of submission of the purchase order the Customer shall perform the payment of the price. The fault in performing the payment will impede the submission of the purchase order.
The price may, for a short period of time after the submission of the purchase order, appear blocked but not charged.
With reference to the price of the Additional Services, such amount will be unlocked/returned to the Customer if such Services are not available.
Indeed, the confirmation of the Additional Services is subject to the acceptance of the suppliers of the Agency and, in some events, to the acceptance of the Customers in connection with the timing of provision of the Additional Service.
In the event after the receipt of the purchase order and of the payment, the Agency verifies that the selection of services requested by the Customer is not completely available, the Agency will send its confirmation and summary only with reference with the available services and will return to the Customer the price received in excess. The Customer will have the right to withdraw from the Agreement, as entered at the moment of receipt of the confirmation message by the Agency, within five days from the receipt of such message, as provided by article 9 below.
The price of the Travel Package shown on the Web Site at the moment of the booking through the submission of the purchase order is comprehensive of taxes, rights, duties and additional costs, also with reference to the Additional Services chosen by the Customer, with the only exception of the city tax which will be paid at the start of the Travel Package, if due.
The price may be distinguished in categories. For the category with the lowest price, the Agency will clearly indicate that the withdrawal right of the Customer is excluded.
8 Modifications to the Travel Package prior to its start
Once the Agreement is entered upon receiving by the Customer of the confirmation of the Agency, according to article 40 paragraph 1 of the Touristic Code, the Agency may, prior to the start of the Travel Package, modify the terms of the Contract – except for the price – if such modification is of minor impact and the Agency promptly informs in writing the Customer indicating the modification terms.
According to article 40 second paragraph of the Touristic Code, if prior to the start of the Travel Package, the Agency has to modify the key terms or the characteristics of the services (for example, the destination, the transportation means, the dates and timings) as provided by article 34, first paragraph, letter a), or the Agency cannot respect the requirements provided by article 36, fifth paragraph, letter a) of the Touristic Code, the Customer, within the reasonable time limit provided by the Agency in its communication, could accept the modification or withdraw from the Agreement without paying any withdrawal penalty. In the event of request of withdrawal, the Agency could offer to the Customer a substitutive Travel Package of equivalent or superior quality.
In the event of lack of answer of the Customer to the Agency, the proposed modification shall be deemed accepted by the former.
In the event of withdrawal from the Agreement or in the event the Customer does not accept the substitutive Package, the Agency will refund the price to the Customer within 14 (fourteen) days from the withdrawal. In the event the substitutive Package offered by the Agency is of lower price or quality of the first Travel Package, the Customer has the right to receive a reduction in the price.
9.1 Withdrawal of the Customer
According to article 41 of the Touristic Code, the Customer has the right to withdraw, anytime prior to the starting of the Travel Package:
- in the event of withdrawal enforced with 15 (fifteen) or more days of notice prior to the starting of the Travel Package, to the Client shall be returned 50% of the price already paid;
- in the event of withdrawal enforced with 14 (fourteen) or less days of notice prior to the starting of the Travel Package, the Agency shall keep 100% of the price already paid.
According to article 41 fourth paragraph of the Touristic Code, in the event extraordinary and unforeseeable circumstances, affecting the destination of the Travel Package or the area where the destination is located, have a serious impact in the performance of the Travel Package or on the means of transportation of the Customer to the destination, the Customer has the right to withdraw from the Agreement, prior to the starting of the Travel Package, without paying any of the above mentioned expenses and shall have the right to be refund for the payments already performed, but not the right to additionally be indemnified.
According to article 41 seventh paragraph the withdrawal right can be excluded by for Travel Packages offered at special low prices. In such event, the Agency will clearly indicate to the Client at the time of the purchase the difference in the price and the resulting exclusion of the withdrawal right.
For the bookings and purchases performed through the Web Site, according to article 41 paragraph 7 of the Touristic Code, the Customer has the right to withdraw from the Agreement within 5 (five) days from the effective date of the same, or from the date in which the Customer receives the General Terms and Conditions if subsequent, without paying any penalty or providing any special reason.
9.2 Withdrawal of the Customer
According to article 41 of the Touristic Code, the Agency has the right to withdraw from the Agreement by returning to the Customer the price. In such case, the Agency shall not provide the Customer with any compensation of damages if it was unable to provide the Travel Package due to extraordinary and unforeseeable circumstances and it informed the Customer the withdrawal from the Agreement prior to the starting of the Touristic Package.
According to article 38 of the Touristic Code, the Customer, with a communication sent at least 24 (twenty-four) hours prior to the starting of the Travel Package, may be substituted by another person, provided that there are no adverse reasons linked to the passport, visa, health certifications, accommodation reasons, means of transportation reasons, or any other adverse fact that could impede the use of the Travel Package by a different person.
The Customer and the assignee (new Client) will be jointly liable for the payment of the price of the Travel Package and of any potential dues, taxes, duty, additional costs, also comprehensive of administrative expenses and any cost resulting from such transfer/substitution.
11 Exclusion of the withdrawal right pursuant to the Consumer Code
The present Agreement, even if part of the category of “distance contracts” pursuant to article 45, first paragraph, letter G., of the consumer code D. Lgs. 206/2005, shall not be subject to the withdrawal right provided in such code according to the exclusion provided by article 47, first paragraph, letter g).
12 Events of inaccurate performance of the Travel Package
The Agency is liable for the proper performance of the touristic services provided by the Agreement.
The Customer, pursuant to articles 1175 and 1375 of the Italian Civil Code, shall promptly inform the Agency of potential and serious defects in the provision of the touristic services provided in the Agreement and shall indicate a reasonable time limit, on the basis of the duration of the Travel Package, for the Agency to solve the defect, where possible and not too burdensome if compared with the value of the services, also by proposing to the Customer alternative packages as previously mentioned.
In the event the Agency do not solve the defect the following article 13 will be applicable on the price reduction and the compensation of damages. In the event the Agency do not solve the defect, the Customer may solve it by it self and then ask to the Agency the reimbursement of the reasonable and documented expenses.
In the event the defect is not of minor importance according to article 1455 of the Italian Civil Code, and the Agency did not solve the same within the time limit provided by the Customer, the Customer may, without any expense, withdraw from the Agreement or request a reduction in the price, save for the potential compensation of damages.
The Customer may refuse the alternative packages proposed by the Agency only in the event the same are not comparable with the content of the Agreement or if the reduction in the price is not appropriate.
In the event the Customer do not accept alternative packages comparable with the Agreement or if would be impossible to suggest such alternatives, the Agency will provide a reduction in the price. In the event the Agency do not provide the Customer with alternative packages, the Customer may withdraw from the Agreement.
13 Reduction in the price and compensation of damages
In the event of serious defects, the Customer has right to a proportional reduction in the price, based on the duration, except in the event the Agency proved that the defect is attributable to the Customer or that the Customer has accepted an alternative package as proposed by the Agency. The Customer has the right to the compensation of damages, except in the event the Agency proves that the defect is attributable to the Customer, or to a third party not involved in the provision of the touristic services provided in the Agreement, or that the defect is due to unforeseeable and extraordinary circumstances. With reference to the amount of the compensation and to the conditions for the payment of such compensation, the Agency will be subject to the limitation provided by the applicable international rules. In any event, the amount of the compensation cannot exceed three times the price of the Travel Package per each single Customer, except in the event of damages to the person or for damages caused by gross negligence or willful misconduct.
The right to the price reduction and to the compensation of damages expires in two years from the end of the Travel Package. The right to the compensation of damages to the person expires in three years from the end of the Travel Package.
14 Customer stay conditions
14.1 Customer obligations
Customers are required to behave properly and to take care of the accommodation facility and the goods contained herein, made available to the Customer from the Agency. With the present Agreement, the Customer is appointed guardian of the accommodation facility and the goods contained herein.
Any damage or malfunction of utensils, appliances, machinery and, in general, furniture and equipment present in the facility shall be immediately communicated to the Agency.
Where necessary and not deferrable, the Customer undertakes to allow the cleaning and maintenance of the accommodation facility and its furniture and equipment.
Where indicated in the Site that in a specific accommodation facility may be hosted animals, the Customer shall communicate to the Agency in advance his/her intention to host animals in the accommodation facility.
14.2 Injuries and damages
Any damage caused by the Customer to the accommodation facility or to the goods contained therein shall be refunded to the Agency. Such compensation for damages does not include the additional damage that the Agency may quantify, and which the Customer undertake to pay, if, in addition to the repair of the accommodation facility and/or goods, the Agency has been forced to suspend the availability of the accommodation facility with consequent economic damage. Compensation for damages caused by the Customer will in any case be quantified in good faith by the Agency and the Customer undertakes to accept such quantification.
All the machineries and facilities present in the accommodation facility comply with Italian and European regulations, also with regard to their safety terms. The Agency declines any liability for any kind of damage that may occur to the Customer or to any third party that the Customer has hosted in the accommodation facility deriving from the wrong, improper and/or imprudent use of the goods, tools and facilities present in the accommodation facility.
14.3 Key loss
In the event of loss of the keys of the accommodation facility by the Customer, a penalty equal to Euro 100 (one hundred) will by charged.
15 Customer review
15.1 Review procedure
After the stay, the Customer may write a review about the experience with the Travel Package. It may be possible to post the review by accessing the personal page of the Account.
The Customer, by asking to post/publish a review, grants the Agency the exclusive, timeless and irrevocable right, not subject to copyright, to reproduce, translate and publish the contents of the review.
As a matter of practice, the Agency does not alter and does not exercise any control over Customer reviews. However, the Agency reserves the right, for any reason and at its sole discretion, to remove the reviews without notice.
15.2 Review content and accuracy
By posting reviews, Customer explicitly agrees not to publish, upload, transmit, distribute, file, create or advertise in any way the following content:
- message, data, information, text, photo, graphics, code or other material (hereinafter referred to as “Content”) deemed false, illegal, misleading, defamatory, slanderous, obscene, pornographic, indecent, scurrilous, allusive, threatening or exhortative to the threat of other people, intimidating, violating of privacy rights or other personal rights, offensive, provocative, fraudulent or otherwise questionable;
- content deemed evidently offensive towards the online community, such as content that pushes to racism, extremism, hatred or physical harm of any kind against individuals or groups;
- Contents that may, encourage promote or push to illicit conducts, crimes, civil liability, violating the rights of any party in any country in the world;
- Contents that may infringe patents, trademarks, trade secrets, copyright or any other intellectual property right or property right of any party;
- Third-party private information, including, for example, surnames, addresses, phone numbers, email addresses, tax codes, credit card numbers.
The Agency rejects any liability and does not provide any warranty against the Content of posted reviews, archived or uploaded by Customer or third parties in the event of loss or damage of such reviews. It also rejects any liability any liability in the event of errors, defamations, insults, slanders, omissions, false statements, obscene, pornographic or profane language. Although the Agency is not obliged to analyze, modify, or monitor the Content of reviews published or distributed through the Site areas, it reserves the right at its sole discretion to remove, analyze, translate or modify without notice any content published or archived on the Site at any time or for any reason, or to allow third parties to perform such actions on its behalf. The Customer remains the sole responsible for creating backup copies of reviews.
16 Authorization and insurance
According to articles 34 and 47 of the Code of Tourism, the Agency reports to be authorized by the Lazio Region pursuant to valid SCIA acknowledged on January 23, 2019 under no. GR53265 and to be covered by an insurance policy with UnipolSai Assicurazioni (policy no. 1/39187/319/164495881).