Our intention is to deliver a fair deal to our customers. This Charter defines the terms of your agreement with us so that you will know what our obligations are to you and what yours are to us. Please read the Terms and Conditions carefully before you book your Holiday with us. By entering, accessing or using our website in any way, you agree to comply with all of our Terms and Conditions. In addition, when you book any products from us, you will do so subject to the terms and conditions on this page, and such further terms and conditions as may be applied by the hotel where you will be staying or the car rental company. These Conditions of Contract constitute the entire agreement and understanding between you and Noema Viaggi in relation to their subject matter. By proceeding with a booking, you acknowledge that you have read and understood all of the Conditions of Contract and agree to be bound by them. However, if you do not or cannot accept our Conditions of Contract in full, you must stop using our website immediately. These Conditions of Contract may vary from time to time. By browsing this website you accept that you are bound by the terms and conditions current at the time when you browse or book.
This website has been designed for use in Italy. By accessing this website you are agreeing that the Courts of Italy will deal with any disputes which may arise between you and us, and that Italian law shall be the applicable law.
You may only use this website for your own personal use (which will at all times be reasonable and not abusive) or for purposes legitimately connected with purchasing our products and services. You are not allowed to access, use or copy any material or information on this website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this website except that you may print off any individual page for your own personal use.
1. Your Holiday Contract
Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. Making a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. If there is any change to any of the details discussed at the time of the booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). Once bookings are confirmed, changings and cancellations are subject to penalities set out in Clause 5. Therefore please check your confirmation invoice carefully on receipt. Amendment or cancellation fees may become payable if you do not notify us of any discrepancies immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund. A contract will exist as soon as we confirm the requested services and issue our confirmation invoice. This contract is made in the terms of these booking conditions which are governed by Italian law and the jurisdiction of the Italian courts. If you are booking one of our products, we may act as an agent for the owner of the hotel or villa or car rental.
2. Book with confidence
Noema Viaggi S.r.l. trades as intermediary and has its Registered Office in Palermo, Registered No. Cat./13/84. Booking travel arrangements on this web site your agreement is with Noema Viaggi or we will make it clear if Noema Viaggi is acting as an agent for another travel provider. Noema Viaggi is covered by a public liability insurance policy No. 77937879 issued by MAC Group RAS – ALLIANZ S.P.A. With a maximum coverage of € 2.066.000.
3. Your holiday price
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to alter the prices of any service shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. When you make your booking you must pay 100% of the price. If the booking is not paid in time, we reserve the right to cancel your travel arrangements. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees mean that the price of your travel arrangements may change after you have booked. However there will be no change in price within 30 days of your departure.
4. If you change your booking
If after our confirmation invoice has been issued you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes must be made by a written notification from the person who made the booking. You should be aware that these costs could increase the closer to the departure date and you should contact us as soon as possible. Some arrangements may not be changeable after a reservation has been made and an alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5. If you cancel your holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements you will have to pay the applicable cancellation charges up to the maximum shown in this clause. Any party members who travel will receive a revised invoice based on the new party size.
Amounts of cancellation charge
from 22nd day ‘till 9th day before arrival 80% of the total amount
from 8th day before arrival or no show 100% of the total amount
6. If we change or cancel your holiday
It is unlikely that we will have to make changes to your travel arrangements but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you at the earliest possible date. Examples of minor changes include changes of accommodation to another of the same standard, departure/arrival time changes. We reserve the right in any circumstance to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached we may have to cancel it. However, we will not cancel your travel arrangements less than eight weeks before your departure date except for reasons of force majeure or failure by you to pay the total amount of your booking.
If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of lower value) or cancelling your booked holiday and receiving a full refund of the amount paid.
Force majeure: This means that we will not refund if we have to cancel or change your travel arrangements in any way because of unusual or unforeseen circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.
7. If you have a complaint
If you have a problem during your holiday, please inform your hotelier and us immediately. We will do our best to sort things out. Please complete a report while in resort and ask the hotelier to sign it. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If your complaint is not resolved locally you should follow this up within 28 days of your return home by writing to us, giving your booking reference number and all relevant information.
8. Our liability to you
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you compensation if this has affected the enjoyment of your travel arrangements. We will not be liable where any failure in the performance of the contract is due to you, or a third party unconnected with the provision of the travel arrangements shown on your invoice and which did not form part of your original package; or where the failure is unforeseeable and unavoidable; or unusual or unforeseen circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers even with all due care could not see or forestall. Our liability, except in cases involving death, injury or illness shall be limited to a maximum of two times the original cost of the travel arrangements.
Our liability shall also be limited in accordance with and/or an identical manner to
a) the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract, and
b) any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation which limit the amount of compensation you can claim for death, injury, illness, delay to passengers and loss, damage or delay to luggage. We are to be regarded as having the benefit of any limitation of compensation contained in these or any conventions.
Under EU law, you have some rights in some circumstances to refund and / or compensation from your airline in cases of denied boarding, cancellation or delay of flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not entitle you to a refund of your holiday cost from us. Your right to a refund from us is set out in Clause 5. If any payment to you are due from us, any payment made to you by the airline will be deducted from this amount.
9. Personal injury unconnected with your booked travel arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements we shall, at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance you must obtain our written consent prior to beginning of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant policy to ourselves.
10. Your responsibilities
a) Your specific passport, visa requirements and other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates.
b)You should advise us if you have any form of disability or impairment which may restrict the enjoyment of your holiday.
c)You must be responsible for the behavior of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you if your behaviour is, in our opinion or the opinion of the airline pilot, hotelier, other guests or other person in authority, disruptive, dangerous, or annoying to other people or property.
We cannot accept responsibility for any extra expense you face as a result of your failure to comply with any of the above points.
11. Data Protection Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you may give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking you consent to this information being passed on to the relevant persons). Your Data Controller is the Operations Manager. You are entitled to a copy of your information held by us. If you would like to see this, please contact our Operations Manager. We may make a small charge for providing this to you.
OTHER VITAL INFORMATION YOU MUST READ
• CHILDREN must be within the age range on the date of their return travel. Their ages and date of birth must be stated at the time of booking. Any changes made later will be subject to an amendment charge. All children must be accompanied by two full fare paying passengers in order to qualify for child prices specified in the price panels. Child prices in the price panel refer only to children sharing a room with two adults, and subject to the availability of a three or four-bedded room. At a number of hotels, discounts may apply to children occupying a separate room when accompanied by one or two adults occupying their own room (single supplements apply). Please note that where children are occupying their own room at these hotels the children's price in the panel does not apply.
• INFANTS (Under 2 years of age on date of return travel)
Children under the age of 2 years on the date of return travel are classified as infants. An infant's date of birth must be clearly stated at the time of booking.
Cots (if available) must be requested and confirmed at the time of booking. There may be a local charge for this, and it is recommended that you provide your own cot linen, as that available locally may not be ideal. Experience has proved, that for peace of mind it is better to carry a compact ‘travel cot'.
IMPORTANT - Should you fail to correctly declare the date of birth of infants or children, and/or falsely claim reductions for children, the whole party may be refused permission to enter the room. We cannot accept responsibility for any alternative travel arrangements made for the party.
SINGLE TRAVELLERS AND UNDER OCCUPANCY Single travellers occupying accommodation with fewer people than the number shown on the price panel may feel that the cost per person of the holiday appears higher than it should be. There is a reason for this. Our contract with the owners is based on a price per room while our holidays are sold per person, including other elements. Therefore the price per person for a lone traveller must include the total cost. This also applies to self-catering units where, for example, three people may want to occupy accommodation usually sold for four and priced accordingly.
We do not make additional or excessive profits from these sales. The prices charged merely reflect the cost to us. In some hotels, there are rooms designed for single occupancy. In this case there will normally be a supplement but this is usually less than when a single person occupies a double room. Single rooms are often smaller and sometime less well-appointed. We do not know in advance which room you will be allocated as this is normally done by the hotel shortly before your arrival.
Please inform us of any special requests at the time of booking. Your request will be passed on to the relevant supplier and we will do our best to meet your requirements but NO GUARANTEE CAN BE GIVEN.
These will normally printed after your payment. It is your responsibility to ensure that you and all members of your party comply with all necessary passport, visa or other travel regulations by contacting the appropriate consulate of the country(ies) to which you are travelling. Long delays in obtaining passports can occur, and you are recommended to apply well in advance of your departure. If you have hired, or intend to hire a car whilst overseas you should ensure you take with you the driving licence of all persons intending to drive (copies will not be accepted). You will also be required to produce a credit card on hiring the vehicle. No car rental is possible without a credit card.
HEALTH & SAFETY
All the hotels and apartments are carefully selected, and we ensure that they offer acceptable standards of quality and safety. All properties comply with local and national fire and safety laws and regulations. Few countries however are as stringent as the UK in setting general standards for safety, hygiene and fire precautions, and the authorities in your host country may not have adequate power or resource to monitor and enforce standards. We suggest that you familiarise yourself with the layout of unfamiliar buildings and the means of escape in the event of an emergency. We also recommend that you check the depth and means of exit before using an unfamiliar swimming pool. You should take care with your choice of food and drink as dietary changes can give rise to stomach upsets. If you have any health or safety concerns, please notify the hotel management and us immediately. We want you to have an enjoyable and safe holiday.
Resort information is given as a guide and we believe it was correct at the time this website was renewed. Some advertised facilities may not be available or fully operational in the early or late part of the season for a variety of reasons such as the number of participating holiday-makers or weather conditions. In peak seasons all resorts are at their busiest and one should accept that service might suffer a little.
ACCOMMODATION & FACILITIES
Accommodation featured on our website has been selected by members of our staff and descriptions are based on the information available at the time the website is renewed. Descriptions show the type of accommodation and the facilities on which the basic holiday price is calculated. Any applicable supplementary charges are shown in the price panel. Additional charges may apply to listed facilities such as tennis, squash, gymnasium or sauna. It is possible that some facilities within a complex may become temporarily or permanently unavailable. Pools must be cleaned and maintained and we will inform you of any significant changes as soon as we are made aware of them. Air-conditioning, where mentioned, may only be operating at certain times of the day or year, at the hotelier's discretion. The grading of hotels is according to local standards and conditions and may vary from city to city. Such situations are beyond our control. Please contact us if you require any more specific information about resort or accommodation facilities.
APARTMENT / ROOM ALLOCATION
Where there is more than one unit of accommodation, we cannot confirm a specific room or an apartment within the complex. These are usually allocated on a first come first served basis. Booking early may help but we can never offer any guarantees. In most cases accommodation must be vacated by 10,00 am on the last day of your holiday to ensure that rooms are available to incoming clients. At the discretion of the management of your property, you may be allowed to keep your room, but they are entitled to make a charge. Some properties are not available for incoming clients until after 2,00 pm.
Some properties may require a refundable security deposit to be paid locally and such cases are mentioned in the appropriate property description.
In the description of each property, the meal basis is clearly indicated. Full Board means three traditional meals per day. Half Board normally means breakfast and dinner, although some properties may, subject to agreement, allow lunch to be taken instead of dinner. Buffet-style meals are offered by many properties in full or in part, and these may be either hot or cold. Opening times of restaurants and whether waiter service or buffet style is provided may vary according to management discretion and seasonality.
The accommodation provided is only for the use of passengers listed on the invoice and any subletting or sharing of accommodation is strictly prohibited. We reserve the right to ask the whole party to vacate the property if it is misused in any way.
Whilst we can appreciate that other hotel residents can on occasion not act entirely as we would wish, we regret we cannot be responsible for any inconvenience or loss incurred as a result of their behaviour. Some hotels may be accommodating group parties, or providing entertainment/facilities for private functions e.g. weddings or conferences during your holiday.
All services sold by Noema Viaggi are sold subject to our booking conditions, which should be read before making an online booking.
All information, images and details contained in this Website has been prepared solely for the purpose of providing information about Noema Viaggi and the services that we offer. We try to ensure that information contained on this Website is accurate and up to date.
a) Law and Jurisdiction: Every booking shall be deemed performed in Italy. This site is not intended for use in jurisdictions outside Italy. Italian law shall govern each of the bookings made with Noema Viaggi, including (without limitation) all contractual and other relationships which arise out of such bookings. You and we each submit to the exclusive jurisdiction of the Italian Courts in relation to any disputes arising out of any booking.
b) Content: The contents of the Website are intended for your personal use. All materials published on this Website (including articles, logos, features, images, known as the "Content") are protected by copyright, trademarks or other intellectual property rights and are owned or controlled by Noema Viaggi, or the person or organization credited as the provider of the Content, where specifically identified. Except where detailed below, you may not modify, publish, transmit or distribute any of the Content in whole or in part. If you need to seek clarification of the copyright holder of an item contained on the site, please write to Noema Viaggi detailing the query and nature of your request. You may however download or copy the Content and other downloadable items displayed on the Website subject to the following conditions:
1) The material may only be used for your personal and non-commercial purposes, unless you have written consent
from Noema Viaggi or the copyright holder.
2) All copies must maintain copyright and other intellectual property notices contained in the original material.
3) Images, trademarks and brands displayed on this Website are protected by copyright and other intellectual property
laws and may not be reproduced or appropriated in any manner without the written permission of their respective
c) Links: This Website may contain links to other related internet sites. Noema Viaggi accepts no responsibility for the content of such websites.
d) Changes to Terms and Conditions: Noema Viaggi may from time to time change, alter, adapt, add or remove portions of these Terms and Conditions but if it does so, it will post any such changes on this Website.
e) Changes to Website: Noema Viaggi may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict your access to parts or all of the Website without notice or liability.
f) No Warranties: This information is provided "as is" without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.
g) Liability for Losses: By accessing this Website you agree that Noema Viaggi will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this Website or from your access of other material on the internet via web links from this Website.
h) Legally Binding Agreement: The information and prices supplied on this website merely constitute an invitation to enter into a legally binding contract to purchase goods or services from Noema Viaggi. A legally enforceable contract shall only come into existence when a booking is made. The company accepts no liability or responsibility should the product or services not be available at the time of making a booking or the prices/information has been amended at the time of making a booking.
i) Exclusions: The exclusions and limitations contained in these Terms and Conditions apply only to the extent permitted by law.