These general terms and conditions apply to the mediation of the sale of tours and the mediation and sale of individual tourism services by the Ital Viaggi Travel Agency, and thus mainly regulate the mutual rights and obligations between it and its clients (legal entities and natural persons).

A. INTRODUCTORY PROVISIONS

1. Unless otherwise agreed in the individual case, the services of the Ital Viaggi travel agency consist of the mediation of offers from third parties – travel agencies, accommodation operators, transport service providers, rental providers of all kinds, providers of any other tourism services and services complementary to them, such as parking or travel insurance.

It also mediates the conclusion of a contract for a tour or a contract for the provision of a tourism service (hereinafter referred to as the “brokered contract”).

The travel agency Ital Viaggi does not provide accommodation, it only mediates accommodation for clients with accommodation providers, and likewise it does not provide air and other transport services, it only mediates the purchase of these services with airlines and other companies.

2. The Ital Viaggi travel agency provides accommodation capacity and other tourism services (transfers, etc.) on its own account. It further provides these services for a fee to end clients, the rights and obligations arising from the aforementioned transactions arise directly from the Ital Viaggi travel agency.

B. Ordering services through a Travel Agency.

1. Ital Viaggi travel agency provides services based on the client’s binding order. A binding order is preceded by a client’s non-binding request for services communicated to the Ital Viaggi Travel Agency, verbally, by telephone, via the web interface, by email or in another written form.

2. After receiving the request, the Ital Viaggi Travel Agency will create an offer to mediate the conclusion of a tour contract or a contract for the provision of tourism services, which it will send to the client for approval.

3. If the customer unequivocally agrees with the proposed contract, the contract is considered concluded.

4. By agreeing to the offer, an intermediary contract is concluded between the client and the Ital Viaggi Travel Agency, the subject of which is the obligation of the Ital Viaggi Travel Agency to mediate the conclusion of a contract with a third party for the client and the client’s obligation to pay the agreed commission to the Ital Viaggi travel agency for its services (hereinafter referred to as the “binding order”). The travel agency Ital Viaggi is entitled to a commission, even if it acted as an intermediary also for the other party to the mediated contract.

6. The travel agency Ital Viaggi will confirm to the client the acceptance of his binding order. If the order concerns the provision of services to several persons, the Ital Viaggi Travel Agency will send only one confirmation, which concerns the provision of services for all persons listed in the order.
7. On the basis of the binding order, the Ital Viaggi Travel Agency informs the third party of the client’s interest in entering into a brokered contract with him.
8. In the event that the third party does not confirm receipt of the order or rejects the order and the client does not entrust the Ital Viaggi Travel Agency with the mediation of another contract or does not make a new binding order, the intermediary relationship between the client and the Ital Viaggi Travel Agency shall cease and the Ital Viaggi Travel Agency shall not be entitled to reimbursement of the commission . In that case, the travel agency will send the client information about the cancellation of the order.
9. If the third party confirms acceptance of the client’s order, a mediated contract will be concluded between the third party and the client.
Ital Viaggi Travel Agency informs the client about this fact immediately.
10. The performance resulting from the mediation contract between the client and the Ital Viaggi Travel Agency is deemed fulfilled by the conclusion of the mediation contract, even if there is no subsequent performance from this contract, for any reason.

C. Service prices and their payment

1. The Ital Viaggi travel agency lists the prices of mediated services in its offer. Prices are listed including VAT (hereinafter referred to as “price”). Unless otherwise stated, the price also includes the commission of the Ital Viaggi Travel Agency, which belongs to the Ital Viaggi Travel Agency for mediating the conclusion of the contract. The price of the mediated service does not automatically include insurance.

2. Unless expressly agreed otherwise, the price is payable at the time of concluding the brokerage contract. Unless expressly agreed otherwise, payment of the price is a condition for concluding a mediated contract between the third party and the client, i.e. a condition for acceptance of a binding order by the third party.

3. If it is explicitly stated in the offer, the price can be paid in the form of the vouchers listed therein under the specified conditions.

4. In the event that a third party (provider of accommodation or other services) does not confirm receipt of the order or rejects the order, i.e. the conclusion of the mediated contract is not fulfilled, and the client does not entrust Ital Viaggi Travel Agency with mediation of another service contract or does not make a new binding order, the Travel Agency Ital Viaggi will refund the price paid to the client.

D. Claims and damages

1. The third party is responsible for the proper provision of services resulting from the mediated contract concluded between the client and a third party. The Ital Viaggi travel agency, as an intermediary, is not responsible for defects in the performance of the mediated contract itself, nor for damages caused.

2. The travel agency Ital Viaggi recommends clients to complain about any defects to the service provider without undue delay and to make a record of the errors that occurred during the performance of the contract as evidence to prove the validity of the claim.

3. In the case of arranging the sale of tours, the client is entitled to complain about tour defects by notifying the Ital Viaggi Travel Agency. Notification must be made without undue delay, no later than one month after the end of the tour. The Ital Viaggi travel agency will forward the complaint to the travel agency for processing.

4. The travel agency Ital Viaggi is liable to the client for defects in the service provided and for damages caused only in the case of direct sales of individual tourism services, not in the case of mere mediation. In such a case, the client is obliged to report the defects to the Ital Viaggi Travel Agency without undue delay, so that the Ital Viaggi Travel Agency has the opportunity to arrange a remedy. The client is obliged to act in such a way as to prevent the occurrence of damage, in particular he is obliged to observe all instructions and rules set by the travel agency Ital Viaggi or a third party and he is obliged to comply with the legal regulations in force at the place of service provision and the legal regulations of the Czech Republic.

5. The description of the mediated services is provided on the website of the Ital Viaggi Travel Agency and in the offer according to the information provided by the service providers to the Ital Viaggi Travel Agency. In order to improve the quality of services, Ital Viaggi Travel Agency recommends that clients provide an up-to-date review after their implementation.

E. Governing Law and Jurisdiction

1. The mediation agreement concluded between the Ital Viaggi Travel Agency and the client and any disputes arising in connection with or resulting from this agreement will be decided with finality by the general courts of the Czech Republic.

2. The mediation agreement concluded between the Ital Viaggi Travel Agency and the client is governed by Czech law.

F. ADR and ODR Clauses

In the event of a dispute arising in connection with the contract (about the tour), the customer who is a consumer has the right to an out-of-court settlement with the Czech Trade Inspection. Detailed information on the terms of out-of-court dispute resolution is available at www.coi.cz.

2. A customer who has purchased goods or services over the Internet and is a consumer can use the online dispute resolution platform to resolve a dispute. More detailed information on the terms of online dispute resolution is available at http://ec.europa.eu/odr.

G. Processing of personal data of the customer and fellow passengers

The customer understands that the Ital Viaggi Travel Agency is authorized to process his personal data for the purpose of fulfilling the tour contract and for the purpose of fulfilling legal obligations, in particular: name, surname, social security number, type of travel document, number of travel document, expiration date document, bank details, date of birth, place of residence, email and delivery address, information about allergies, medications and other health problems. All personal data will only be stored for the period specified by law, or for the period absolutely necessary.

2. For the purposes of fulfilling the tour contract, the information specified in Article G.1. to the extent necessary, also provided to suppliers of the Ital Viaggi Travel Agency (especially hotels, transport companies, delegates).

Identification data about these suppliers are listed in particular in the tour contract, tour instructions, or the customer will receive them during the tour at the latest. If the travel destination is outside the countries of the European Economic Area, the customer acknowledges that his personal data will be provided to recipients of personal data in this third country (especially hotels) or in another third country (especially airlines). Ital Viaggi Travel Agency will provide information on whether there is a European Commission decision on adequate data protection and information on appropriate personal data protection guarantees when transferring personal data to a third country at the customer’s request.

3. The customer acknowledges that the Ital Viaggi Travel Agency is obliged to transfer the customer’s personal data for the purposes established by law to the extent and under the conditions set by applicable legal regulations.

4. The customer acknowledges that the Ital Viaggi Travel Agency will process his personal data in the scope of first name, last name, address, telephone number and e-mail address for the purpose of sending commercial messages. Ital Viaggi Travel Agency is entitled to send commercial communications by SMS, MMS, e-mail, post or telephone.

The customer can object to the sending of commercial communications at any time, either at the address of the Ital Viaggi Travel Agency or by e-mail sent to the e-mail address info@Ital Viaggitour.cz. In this case, the Ital Viaggi Travel Agency will no longer send commercial messages to the customer, nor otherwise process the customer’s personal data for direct marketing purposes.

5. The above-mentioned provisions of Article G also apply proportionately in relation to the persons for whose benefit the customer concluded the tour contract (fellow passengers). By concluding a tour contract, the customer declares that he is authorized to grant consents on behalf of fellow passengers, whether on the basis of a contractual or other representation.

6. The customer acknowledges that, as a data subject, he has the following rights in particular:

1. Request from the Ital Viaggi travel agency access to personal data concerning his person, their correction or deletion, or may request the restriction of the processing of their personal data, object to the processing of personal data, as well as the right to data portability.

2. Request that the Ital Viaggi Travel Agency limit the processing of his personal data if – the customer denies the accuracy of his personal data, for the time required for the administrator to verify the accuracy of his personal data;

• the processing of his personal data was illegal, but he does not request the deletion of personal data, but the restriction of their use;
• The Ital Viaggi travel agency no longer needs his personal data for processing purposes, but the customer requires them to determine, exercise or defend his claims;
• the customer has raised an objection to the processing of his personal data, until it is verified whether the legitimate reasons of the Ital Viaggi Travel Agency prevail over the legitimate reasons of the customer. If the processing of the customer’s personal data has been restricted, his data may be processed, with the exception of storage, only with his consent.

3. The right to file a complaint with the supervisory authority, which is the Office for Personal Data Protection.

4. Obtain confirmation from the Ital Viaggi Travel Agency at any time that his personal data is being processed, and if this is the case, the Ital Viaggi Travel Agency is obliged to provide him with the following information upon request and issue him with a copy of the processed personal data:

• purpose of processing;
• the category of personal data it processes,
• recipients or categories of recipients to whom his personal data has been or will be made available;
• the planned period for which his personal data will be stored, or if it cannot be determined, the criteria used to determine this period;
• the existence of the right to request from the administrator the correction or deletion of personal data concerning the customer or the limitation of their processing and to object to this processing;
• the right to file a complaint with the supervisory authority;
• the fact that automated decision-making takes place, including profiling.

5. To obtain your personal data processed by the Ital Viaggi Travel Agency in a structured, commonly used and machine-readable format, and to transfer this to another personal data administrator, if

• is the processing of the customer’s personal data based on consent to the processing of personal data; or
• de processing is done automatically. If possible, the Ital Viaggi Travel Agency will transfer the customer’s personal data to another administrator.

H. Final Provisions

The travel agency Ital Viaggi is entitled to unilaterally change the general terms and conditions. Ital Viaggi Travel Agency is obliged to notify the client of this fact in writing. The client has the right to reject the changes and to terminate the mediation agreement for that reason no later than 5 days after the delivery of the notification.

2. The Ital Viaggi travel agency and the client deliver primarily via email communication, to the email specified in the order or in the offer. The contact details are: ital@ital.cz, phone + 608 272 278 or 774 185 899. Or directly at the office of CA Ital Viaggi Jaromírova 531/9 according to working hours.

3. These general terms and conditions became effective on 17/07/2014 and were updated on 25/05/2018.