For the online sale of individual tourist packages and services
Also published pursuant to Article 12, Paragraph 3 of Legislative Decree 9.4.2003, no. 70
SECTION A: TOUR PACKAGES – TRAVEL ARRANGEMENTS
LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed – until its repeal pursuant to art. 3 of Legislative Decree no. 79 of May 23, 2011 (hereinafter the “Tourism Code”) – by Law no. 1084 of 27/12/1977 ratifying and implementing the International Convention on the Travel Contract (hereinafter CCV), signed in Brussels on 23.4.1970 – as applicable – as well as by the Tourism Code (Articles 32-51) and its subsequent amendments. Sales made through the web are also subject to the regulations on electronic commerce set forth in Legislative Decree. 70 /2003.
GENERAL INFORMATION
Also for the purposes of Article 7 of Legislative Decree 70/2003, we inform:
that Rosso Maranello Srl, with registered office in Via Dino Ferrari, 61 – 41053 Maranello MO, VAT No. 03761460363, Tax Code 03564400368, organizes and manages a telematics platform, called www.motorsportitalia.it (being the owner of the domain www.motorsportitalia.it), aimed at implementing the promotion and sale of online tourist services;
who is the holder of Travel Organizers and Intermediaries Liability Policy No. 2208221 Europ Assistance Italia SpA, for the purposes of legal coverage (Art. 19 and 50 Tourism Code);
that tourists can direct any requests for assistance and information to the following contacts: mail info@motorsportitalia.it tel. 0536941779;
that Rosso Maranello Srl is subject to the supervision of the Municipality of Modena, pursuant to art. 4 of Emilia Romagna LR 31.3.2003, no. 7 as amended;
that the sale prices of the packages, expressed as a lump sum or otherwise complete with any taxes, fees and other administrative charges, are indicated in the catalog or out-of-catalogue program and in any updates of the same catalogs or out-of-catalogue programs that have subsequently occurred, as better specified in Article 8 below.
DEFINITIONS
According to Article 33 of the Tourism Code and for the purposes of these general terms and conditions means:
- Travel organizer: the person who undertakes in his own name and for a lump-sum consideration, to procure tourist packages for third parties, realizing the combination of the elements referred to in Article 4 below or offering the tourist, including through a system of distance communication, the possibility of independently realizing and purchasing such combination;
- Tourist: the purchaser, transferee of a tourist package or any person also to be named, provided that he or she meets all the conditions required for the use of the service, on whose behalf the principal contractor undertakes to purchase without remuneration a tourist package;
- Portal: the telematic platform, called www.motorsportitalia.it managed by Rosso Maranello Srl, with pages with free or reserved access following the registration procedure, reachable from URL motorsportitalia.it in which the tourist, in addition to finding information, can directly conclude e-commerce transactions of purchase of Tourist Packages/Travel Services.
NOTION OF PACKAGE TOUR
4.1. Pursuant to Art. 34 of the Tourism Code, tourist packages refer to travel, vacations, “all-inclusive” circuits, tourist cruises, resulting from the combination, by whomever and howsoever realized, of at least two of the following elements, sold or offered for sale at a flat rate: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation referred to in Art. 36 that constitute for the satisfaction of the tourist’s recreational needs, a significant part of the “tourist package”. It follows that both the predetermined combination of services purchased through the Portal, as well as the combination of two or more individual services acquired through the same by the tourist, will integrate the sale of package under the aforementioned Art. 34 of the Tourism Code.
4.2. The tourist has the right to receive a copy of the contract of sale of tourist package, drawn up pursuant to and in the manner set forth in Art. 35 Tourism Code. The contract constitutes title to access the Guarantee Fund referred to in Article 21 below.
TOURIST INFORMATION – DATA SHEET
5.1 In addition to these general conditions of contract, published in the Portal, the organizer shall prepare in the catalog or out-of-catalogue program – to be understood as such both the printed one and the one prepared in electronic media or by electronic means, published and downloadable from the Portal- a data sheet. The data sheet of the catalog or out-of-catalogue program contains-where not already indicated in these general terms and conditions-the following mandatory elements:
details of the administrative authorization or, if applicable, the D.I.A. or S.C.I.A. of the organizer;
Details of the civil liability insurance policy under Art. 19 and 50 Tourism Code;
period of validity of the catalog or out-of-catalog program;
terms and conditions of replacement of the tourist, for transfer of contract for the purchase of package (Art. 39 Cod. Tur.);
Parameters and criteria for adjusting the price of travel, for permitted revisions (Art. 40 Cod. Tur.).
5.2. The organizer will also include any additional special conditions in the data sheet.
5.3 The organizer will provide prior to departure any information about the tourist package not contained in the contractual documents, brochures or other means of written communication, as provided for in Article 37, paragraph 2 Tourism Code.
5.4 At the time of the conclusion of the contract the organizer will also inform passengers about the identity of the actual carrier(s), subject to the provisions of Article 11 of EC Reg. 2111/2005, and of its/their possible inclusion in the so-called “black list” provided by the same Regulation.
RESERVATIONS – Pre-contractual information – Contract conclusion procedure (art. 12 Legislative Decree 70/2003)
6.1 The booking proposal must be drawn up on the appropriate form that can be filled out online in the corresponding Section of the portal, containing, in accordance with the provisions of Article 13, paragraph 2 of Legislative Decree 70/2003, the essential characteristics of the package, the detailed indication of the price and payment terms, the information on the exclusion of the right of withdrawal referred to in Article 52 of Legislative Decree 6.9.2005, No. 206 and the penalties from unilateral withdrawal of the tourist.
6.2 Once the booking form has been filled out in its entirety and confirmed by the tourist, the booking system will generate an automatic notification e-mail that will be sent to the customer, the Organizer and the suppliers involved, which will also be valid as a receipt pursuant to Art. 13, II paragraph, DLgs. 70/2003.
6.3 The registered User will be able to modify and correct any data entry errors. To this end, Rosso Maranello Srl provides the tourist with the following means to enable the identification/correction of any input errors: a dedicated section on the home page of the portal, which is accessed by means of a username and password generated during the registration process; or sending an e-mail to info@motorsportitalia.it.
The user who has made a reservation or confirmation without registration may request corrections and changes to their data by sending an e-mail to info@motorsportitalia.it.
6.4 The Travel Arrangement Contract can be considered concluded through the Portal only when Rosso Maranello Srl sends the tourist the booking confirmation notice by sending automatic notification e-mail.
6.5 Both the reservation proposal and its confirmation can be considered received once automatically sent by the system without the generation of error messages.
6.6 The Travel Arrangement Agreement will be filed in the dedicated section of the Portal and the tourist will have the possibility to access it directly from the home page by entering his credentials (if he has selected the registration option). Every other aspect related to the policy on the collection, processing and storage of personal data is better explained in the document “Privacy Conditions” that can be consulted and downloaded in the Portal Section.
6.7 These “Terms of Sale,” in addition to the Italian language, are also available in other languages.
PAYMENTS
7.1 The amount of the down payment, up to a maximum of 25% of the price of the Travel Packages to be paid at the time of the order/booking or at the time of the binding request and the date by which, prior to departure the balance must be made, result from the catalog, brochure or specific indications published by the Travel Organizer and at the time of booking in the relevant sections of the Portal.
7.2 Failure to pay the above sums on the agreed dates shall constitute the subject of an express termination clause such as to allow the Organizer, the legal termination of the Travel Organization Contract also pursuant to Article 1456 of the Civil Code.
PRICE
8.1 The price of the tourist package is indicated in the contract, with reference to what is indicated in the catalog or program out of the catalog and in any updates of the same catalogs or programs out of the catalog subsequently occurred, all published and downloadable in the Sections of the Portal. It may be varied, pursuant to Article 40 of the Tourism Code, up to 20 days prior to departure (considering in this term the day on which the communication is sent) only as a result of changes in:
- Transportation costs, including the cost of fuel;
- fees and taxes on certain types of tourist services such as taxes, fees or charges for landing, disembarking or boarding at ports and airports;
- Municipal residence or entry fees;
- exchange rates applied to the package in question.
8.2 For such variations, reference shall be made to the exchange rate and costs above in effect on the date of publication of the program, as reported in the catalog data sheet, or the date reported in any updates above.
8.3 Fluctuations will affect the lump-sum price of the tour package in the percentage expressly stated in the data sheet of the catalog or out-of-catalog program.
MODIFICATION OR CANCELLATION OF THE TOUR PACKAGE BEFORE DEPARTURE
9.1 Before departure, the organizer or intermediary who needs to significantly change one or more elements of the contract shall give immediate notice in writing to the tourist, indicating the type of change and the resulting change in price.
9.2 If the tourist does not accept the proposed change under Paragraph 1, he/she may alternatively exercise the right to regain the amount already paid or to enjoy the offer of a substitute package tour under Paragraphs 2 and 3 of Article 10.
9.3 The tourist may also exercise the above rights when the cancellation depends on the failure to reach the minimum number of participants stipulated in the Catalogue or in the Program outside the Catalogue or on cases of force majeure and fortuitous event, related to the purchased tourist package.
9.4 For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as for those other than the tourist’s non-acceptance of the alternative tourist package offered, the organizer who cancels, (Art. 33 lett. e) Legislative Decree 206/2005) will return to the tourist double the amount paid by him and collected by the organizer. The sum subject to restitution will never be more than twice the amounts for which the tourist would be owed on the same date according to the provisions of Art. 10, 4th paragraph if he/she were to cancel.
WITHDRAWAL OF THE TOURIST
10.1 The tourist may withdraw from the contract, without paying penalty, in the following cases:
Increase in the price referred to in Article 8 above by more than 10%;
significant modification of one or more elements of the contract objectively configurable as fundamental to the enjoyment of the tourist package as a whole and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the tourist.
10.2 In the above cases, the tourist is alternately entitled:
to take advantage of an alternative tour package, without extra charge or with the return of the excess price, if the second tour package is of less value than the first one;
To the return of only the part of the price already paid. This refund must be made within seven working days from the time of receipt of the refund request.
10.3 The tourist shall give notice of his or her decision (to accept the change or to withdraw) not later than two working days after receiving the notice of increase or change. Failure to give express notice within the above time limit shall be deemed to be acceptance of the proposal made by the organizer.
10.4 The tourist who withdraws from the contract before departure outside the cases listed in the first paragraph, or in the case provided for in Article 7, paragraph 2, will be charged – regardless of the payment of the deposit referred to in Article 7 paragraph 1 – the individual cost of practice management, the penalty to the extent indicated in the data sheet of the Catalogue or Program outside the catalog or tailor-made trip, the possible consideration for insurance coverage already required at the time of the conclusion of the contract or for other services already rendered.
10.5 In the case of pre-established groups, these amounts will be agreed upon from time to time when the contract is signed.
CHANGES AFTER DEPARTURE
11.1 If the organizer, after departure, is unable to provide for any reason, except for the tourist’s own doing, an essential part of the services contemplated in the contract, he shall arrange for alternative solutions, without additional charges to be paid by the contractor, and if the services provided are of less value than those provided, reimburse him to the extent of the difference.
11.2 If no alternative solution is possible, or if the solution prepared by the organizer is refused by the tourist for proven and justified reasons, the organizer will provide, without extra charge, a means of transportation equivalent to the original one planned for the return to the place of departure or to the different place possibly agreed upon, subject to the availability of means and places, and will reimburse the tourist to the extent of the difference between the cost of the services planned and the cost of the services provided up to the time of the early return.
SUBSTITUTIONS
12.1 The renouncing tourist may be replaced by another person provided that:
- the organizer is informed in writing at least 4 working days before the date set for departure, receiving at the same time notice about the reasons for the substitution and the particulars of the transferee;
- the transferee meets all the conditions for the use of the service (ex art. 39 Tourism Code) and in particular the requirements for passport, visas, health certificates;
- the same or other replacement services can be provided as a result of the substitution;
- the substitute reimburses the organizer for all additional expenses incurred in making the substitution, to the extent that will be quantified to him before the assignment.
12.2 The transferor and the transferee shall be jointly and severally liable for the payment of the balance of the price as well as the amounts referred to in paragraph (d) of this Article.
12.3 Any additional terms and conditions for substitution are indicated in the data sheet in Article 5 above.
OBLIGATIONS OF TOURISTS
13.1 In the course of negotiations and in any case prior to the conclusion of the contract, citizens belonging to the Member States of the European Union shall be provided in writing with general information – updated as of the date of printing of the catalog – regarding health obligations and the documentation required for expatriation. Non-EU citizens will find the corresponding information through their diplomatic representations present in Italy and/or their respective official government information channels.
13.2 In any case, all tourists will, prior to departure, verify the update with the competent authorities (for Italian citizens the local Questura or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115), adjusting it before the trip. In the absence of such verification, no responsibility for the missed departure of one or more tourists can be attributed to the intermediary or the organizer.
13.3 Consumers must inform the organizer of their citizenship and, at the time of departure, must definitely make sure that they are in possession of vaccination certificates, individual passports and any other documents valid for all countries touched by the itinerary, as well as residence visas, transit visas and health certificates that may be required.
13.4 In addition, in order to assess the health and safety situation of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the tourist will find (making use of the information sources indicated in paragraph 2) the official information of a general nature at the Ministry of Foreign Affairs that expressly indicates whether or not the destinations are subject to formal discouragement: the tourist’s decision to take advantage of the package at the outcome of these verifications will involve the conscious assumption of the risk of the trip, also for the purposes of the exemption of liability under Art. 46 of the Tourism Code.
13.5 Consumers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of destination of the trip, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating to the tourist package, and compliance with the Highway Code. Consumers will be held liable for all damages that the organizer and/or the intermediary may also suffer as a result of failure to comply with the above obligations, including the expenses necessary for their repatriation.
13.6 The tourist is obliged to provide the organizer with all documents, information and elements in its possession useful for the exercise of the latter’s right of subrogation, pursuant to Article 48 of the Tourism Code, against third parties responsible for the damage and is liable to the organizer for the prejudice caused to the right of subrogation.
13.7 The tourist will also notify the organizer in writing, at the time of booking, of any special personal requests that may be the subject of specific agreements on travel arrangements, provided that it is possible to implement them.
13.8 The tourist is always required to inform the organizer of any special needs or conditions of his or her that may affect the usability of the trip (pregnancy, food intolerances, disabilities, etc…) and to explicitly specify the request for related customized services.
HOTEL CLASSIFICATION
14.1 The official classification of hotel facilities is provided in the catalog or other informational material only in accordance with the express and formal instructions of the competent authorities of the country in which the service is provided.
14.2 In the absence of official classifications recognized by the competent Public Authorities of the countries also members of the EU to which the service refers, the organizer reserves the right to provide in the catalog or brochure its own description of the accommodation, such as to enable an evaluation and consequent acceptance of it by the tourist.
LIABILITY REGIME – LIMITS
The organizer is liable for damages caused to the tourist by reason of the total or partial non-performance of the services contractually due, whether the same are carried out by the same directly, or by third party service providers, unless it proves that the event resulted from the tourist’s own actions (including initiatives independently taken by the latter in the course of the performance of tourist services) or from the actions of a third party of an unforeseeable or unavoidable nature, from circumstances unrelated to the provision of the services under the contract, fortuitous event, force majeure, or circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve.
RC INSURANCE COVERAGE – LIMITS OF COMPENSATION
16.1 The compensation referred to in Articles 44, 45 and 47 of the Tourism Code and related limitation periods, are governed by what is provided therein and in any case within the limits established by the C.C.V., the International Conventions governing the services that are the subject of the tourist package, as well as Articles 1783 and 1784 of the Civil Code.
16.2 For such claims Rosso Maranello Srl is covered by an appropriate third party liability policy, better indicated in Article 2 above.
MEDICAL BAGGAGE INSURANCE COVERAGE – LIMITS OF COMPENSATION
17.1 Rosso Maranello Srl takes out a medical-baggage insurance policy for its travelers to reimburse medical expenses in the event of an accident during the trip with the following limits:
| INSURED LIMITS | ||
| DESTINATION/RESIDENCE | BAGGAGE | MEDICAL EXPENSES REIMBURSEMENT |
| ITALY | €1’000.00 | €1’000.00 |
| EUROPE AND THE MEDITERRANEAN BASIN | €1’000.00 | €7’000.00 |
| WORLD | €1’000.00 | €10’000.00 |
17.2 The terms and conditions of the policy can be found at the link: TO Standard Basic Insurance
17.3 It is specified that the medical/baggage policy does not cover special and motor activities, such as those that may be carried out inside racetracks. See in particular Articles 11, 16 and 22 of the Standard Insurance Contract quoted in the previous point regarding Exclusions from coverage.
OBLIGATION OF CARE
18.1 The organizer is obliged to provide the measures of assistance to the tourist according to the criterion of professional diligence with exclusive reference to the obligations incumbent on him or her by provision of law or contract.
18.2 The organizer and the intermediary are exonerated from their respective responsibilities under Articles 15 and 16 above, when the non-execution or inexact execution of the contract is attributable to the tourist or was due to the act of a third party of an unforeseeable or unavoidable nature, or was caused by a fortuitous event or force majeure.
COMPLAINTS AND GRIEVANCES
Any shortcomings in the performance of the contract must be challenged by the tourist during the enjoyment of the package by promptly filing a complaint so that the organizer, its local representative or tour leader will promptly remedy them. Otherwise, compensation for damages will be diminished or excluded in accordance with Article 1227 of the Civil Code.
The tourist must also – under penalty of forfeiture – make a complaint by sending a registered letter with return receipt, or other means that guarantees proof of receipt, to the organizer, no later than ten working days from the date of return to the place of departure.
INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
Cancellation and repatriation insurance is not usually included in the tour package.
For tourists from Italy, it is possible to take out at the time of booking at the organizer’s offices special insurance policies against expenses arising from the cancellation of the tour package, any accidents and loss of or damage to luggage carried. It will also be possible to take out an assistance contract covering the costs of repatriation in case of accidents, illness, fortuitous events and/or force majeure. The tourist will exercise the rights arising from such contracts exclusively against the stipulating Insurance Companies, under the conditions and in the manner stipulated in such policies.
For tourists from other countries, it is not possible to take out this kind of policy from Italy, but it is recommended to do so directly in one’s own country.
ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Pursuant to and with the effects of Art. 67 Tourism Code, the organizer may propose to the tourist – in the catalog, on its website or in other forms – alternative ways of resolving disputes that have arisen. In this case the organizer will indicate the type of alternative resolution proposed and the effects that such adherence entails.
GUARANTEE FUND
The National Guarantee Fund referred to in Article 51 of the Tourism Code established to protect tourists with contracts provides for the following needs in case of insolvency or declared bankruptcy of the intermediary or organizer:
- Refund of the price paid;
- Repatriation in the case of foreign travel.
The fund must also provide immediate financial provision in case of forced return of tourists from non-EU countries during emergencies attributable or not attributable to the behavior of the organizer.
The modalities of the Fund’s intervention are established by Prime Minister’s Decree No. 349 of July 23, 1999, and applications for reimbursement to the Fund are not subject to any time limit.
The travel organizer and the travel intermediary contribute to this Fund to the extent established by paragraph 2 of the aforementioned Article 51 Tourism Code through the payment of the compulsory insurance premium that it is obliged to take out, a portion of which is paid to the Fund in the manner provided for in Article 6 of Ministerial Decree 349/99.
SECTION B: INTERMEDIATION IN THE SALE OF PACKAGE OR INDIVIDUAL TOURIST SERVICES
- LEGISLATIVE SOURCES
The tourist intermediation contract is governed – until its abrogation pursuant to Art. 3 of Legislative Decree no. 79 of May 23, 2011 (hereinafter the “Tourism Code”) – by Law no. 1084 of 12/27/1977 ratifying and executing the International Convention on the Travel Contract (hereinafter CCV), signed in Brussels on 23.4.1970 – and, in particular, by art. 1, no. 3 and no. 6; art. 17 to 23; art. 24 to 31 (limited to those parts of these provisions that do not refer to the organization contract), as well as by the Civil Code rules on mandate (art. 1703 – 1730).
23-bis. GENERAL INFORMATION
Also for the purposes of Article 7 of Legislative Decree 70/2003, we inform:
that Rosso Maranello Srl, with registered office at Via Dino Ferrari, 61 – 41053 Maranello MO, VAT No. 03564400368, Tax Code 03564400368, organizes, manages and sells online tourist packages and services;
who is the holder of Travel Organizers and Intermediaries Liability Policy No. 2208221 Europ Assistance Italia SpA, for the purposes of legal coverage (Art. 19 and 50 Tourism Code);
that tourists can direct any requests for assistance and information to the following contacts: mail info@motorsportitalia.it tel. 0536941779;
that Rosso Maranello Srl is subject to the supervision of the Province of Modena, pursuant to art. 4 of Emilia Romagna LR 31.3.2003, no. 7 as amended;
that the sale prices of individual tourist packages or services subject to intermediation – expressed as a lump sum or in any case complete with any taxes, fees and other administrative charges – are indicated in the catalogs or programs out of the catalog and to any updates of the same catalogs published in the Portal, while the agency fee, due to Rosso Maranello Srl as compensation for the intermediation, where applied to the tourist, is included in the sales proposal.
DEFINITIONS
24.1 Intermediary: a person who, whether or not professionally and not for profit, sells or undertakes to procure tourist packages made pursuant to 34 of the Tourism Code for a flat fee or individual unbundled tourist services.
24.2 Single tourist services: these are those services provided by the Tourist Enterprises referred to in Article 4 of the Tourism Code or by the professional figures referred to in Article 6 of the same Code (such as, by way of example: transportation, hotel, car rental, guide, tour escort or interpreter), offered individually, as well as all services that do not fall under the definition of “prefixed combination” suitable for configuring a Tourist Package, pursuant to the regulations in force.
24.3 Tourist brokerage contract: the contract for consideration involving the assignment to travel agencies by a tourist to procure the signing of a contract for the sale of packages arranged by a third party or the provision of an individual tourist service provided by a third-party provider.
24.4 Agency fee: the fee payable by the tourist to the intermediary for the work performed as a result of the execution of the mandate conferred by the contract referred to in the preceding paragraph.
LIABILITY REGIME
The intermediary is not liable under any circumstances for the obligations arising from the intermediated contract, including refunds, compensation, indemnification, but is responsible exclusively, within the limits of professional diligence, for the obligations arising from its capacity as an agent with regard to the performance of the task of finding the provider of the service requested by the tourist and assisting in the conclusion of the relevant contract. The intermediary, in accordance with Art. 35, of the Tourism Code, will deliver a copy of the intermediated travel arrangement contract to the tourist, or, in the case of procuring individual services, will issue to the tourist the relevant documents bearing his signature, including an electronic one. These documents or the related invoice will show the amount paid for the service.
REVOCATION OF THE BROKERAGE MANDATE GIVEN
The tourist may revoke for cause the mandate given by entering into the Travel Intermediary Contract at any time before it has been executed, provided that he/she indemnifies the Intermediary only for the administrative and practice management fees specified in the contract. If the revocation occurs after the commencement of the execution of the mandate, the tourist will be required to pay any penalty or agency fee or administrative fees specified in the contract entered into, in addition to the provisions of Article 1720 Civil Code and ‘Article 1725 Civil Code, where just cause does not exist.
PAYMENTS. EXPRESS TERMINATION CLAUSE
In case of non-payment, by the tourist, of the sums owed by it to the Intermediary for the Agency fee or for any other reason, including any down payment, or in any case the sums necessary for the fulfillment of the mandate conferred, pursuant to art. 1719 civil code. – Rosso Maranello Srl shall have the right to terminate the stipulated intermediation contract by simple written notice, pursuant to art. 1456 civil code, without prejudice to the rights arising from art. 1720 civil code.
PROPOSAL FOR ASSIGNMENT OF BROKERAGE – PRE-CONTRACTUAL INFORMATION – PROCEDURE FOR CONCLUDING BROKERAGE CONTRACT (ART. 12 LEGISLATIVE DECREE 70/2003)
28.1 The proposal for the assignment of intermediation for the purchase of packages or individual tourist services will take place at the time of the choice of the package and its placement in the shopping cart, containing, in accordance with the provisions of Article 13, 2 paragraph of Legislative Decree 70/2003, the essential characteristics of the package/service, the detailed indication of the price of the intermediation activity and the method of payment, and the penalties or economic conditions resulting from the revocation of the mandate.
28.2 Once the package has been purchased by the tourist, the booking system will generate a notification email automatically that will be sent to the customer, the Organizer which will also be valid as a receipt pursuant to Article 13, II paragraph, DLgs. 70/2003.
28.3 The Tourist will be able to edit and correct any data entry errors before making the purchase. For subsequent changes, Rosso Maranello Srl provides the following means for the tourist to allow the identification/correction of any input errors: dedicated section on the home page of the portal, which is accessed through username and password generated during the registration process (for those who have chosen to register as a user), or by sending e-mail to info@motorsportitalia.it.
28.4 The tourist intermediation can be considered concluded through the Portal only when Rosso Maranello Srl sends the tourist the confirmation notice by sending automatic notification e-mail.
28.5 Both the contract proposal and its confirmation may be considered received once automatically sent by the system without the generation of error messages.
28.6 The purchased travel package will be stored in the dedicated section of the Portal and the Tourist will have the possibility to access it directly from the home page by entering his/her credentials (if registered). Every other aspect related to the policy on the collection, processing and storage of personal data is better in the document “Privacy Conditions” that can be consulted and downloaded in the Privacy Section of the Portal.
28.7 These “Terms of Sale,” in addition to the Italian language, are also available in other languages.
APPLICABLE LAW AND JURISDICTION
The legislation specified in Articles 1 and 22 is applicable to these “Terms of Sale.”
Any dispute relating to the validity, effectiveness, interpretation and/or execution of the Travel Organization/Travel Intermediary Contract to which Rosso Maranello Srl is a party shall be referred to the exclusive jurisdiction of the Court of Modena (Italy) to the exclusion of any other Judicial Authority, without prejudice, however, to the possible application of mandatory provisions of law including, where applicable, those dictated by the Consumer Code.
MANDATORY COMMUNICATION
Mandatory reporting under Article 16 of Law 269/98.
Italian law punishes with imprisonment crimes related to prostitution and child pornography even if the same have been committed abroad.
* * *
I declare that I have carefully read and evaluated the contents of the above extended general terms and conditions and I declare that I accept in full and without reservation, in accordance with articles 1341 and 1342 of the Civil Code, the clauses referred to in the following articles, also for the purpose of excluding the presumption of vexatiousness referred to in art. 33 Legislative Decree 206/2005 (Consumer Code)
Art. 7.2 Express termination clause
Art. 8 Price
Article 10.4 Unilateral withdrawal of the tourist – penalties and charges
Art. 13 Obligations of tourists–exemptions of responsibility of the organization
Article 15 Liability regime – limits
Article 16 Limits of compensation
Article 18 Duty of Care
Article 19 Complaints and complaints – forfeiture
Article 25 Liability regime of the intermediary – limits and exclusions
Article 26 Revocation of mandate – indemnification and compensation
Article 27 Payment – Express termination clause
Art. 29 Applicable law and place of jurisdiction
