Latest update 19 March 2021
BeBlue.it offers the traveler two kinds of services with different contractual conditions. With regard to lease and rent of the boats listed in the page noleggio.bebluesailing.com/en, the conditions of point "A" of this document shall apply. For the tours in the section TOURS and FLOTILLAS, the reference conditions are indicated at point "B" of this document.
A. GENERAL CONDITIONS CHARTER (RENT AREA)
B. GENERAL CONDITIONS SALES OF TOURIST PACKAGES
The specific conditions are in any case explained in detail during the booking phase of the chosen service.
A. GENERAL CONDITIONS CHARTER (RENT AREA)
1. SERVICE DESCRIPTION
BeBlue acts as a Yacht Broker (Mediatore Marittimo) through its website www.bebluesailing.com/en, it offers an online platform thanks to which Charters and Shipowners can present their boats and offers, making contact with the visitors/customers of the website, who can in turn make a reservation. By making a reservation request through BeBlue, the Customer is contractually bound to the Charter Company whose boat he chooses. The Agency BeBlue puts the two parts in contact and acts exclusively as an intermediary, communicating the booking details to the Charter Company, supporting the Customer in the booking process and sending him an e-mail to confirm the booking. Thus, it is not part of the rental contract, being neither an agent nor a representative of the Charter Company and, in any case, it does not have any power of representation with regard to them. BeBlue cannot therefore be held responsible for the non-execution or partial execution of the services described in the contract between the Customer and the Charter Company. The Charter Company will always be held responsible for the accuracy and completeness of the information (including price and availability) displayed in the website beblue.it. The BeBlue website presents offers that are updated daily, but not in real time. The BeBlue website, though constantly updated to provide quotations and services as punctual and precise as possible, cannot be considered guarantor of the quality and level of service offered by the Charter Companies. The user/customer expressly recognizes that, by making a reservation through the website beblue.it, he enters into a direct relationship with the Charter Company and that BeBlue will act solely as intermediary, with the aim of permitting the existence of such direct relationship between Charter Company and Customer. Lastly, it should be noted that the present general conditions regulate the relationships among the Customer, the Charter Company and BeBlue. At the time of the booking confirmation, the Customer will also be provided with the general conditions of renting of the Charter Company with which the contract is framed. Those conditions will be presented to the Customer once again at the time of the boat takeover.
The visitor/customer undertakes to provide accurate and truthful information during the process of registration and booking in any requested way/form, in order to enter into a correct and complete contract for the provision of the requested service. BeBlue has the obligation to require the Customer to pay for the contractual services booked through its website, receiving the payment from the user in the name of the Charter Company providing the service and that may include possible extra services, following the guidelines indicated by the user on the website during the booking process. BeBlue will transfer the payment collected from the Customer to the Charter Company, according to the conditions established with the company and will give confirmation of acceptance of the booked services to the Customer immediately after payment. The Customer is responsible for the total payment of the service covered by the contract, in compliance with the procedures, deadlines and amounts stipulated through the BeBlue website in the final booking phase. The Customer expressly accepts to make proper use of the service, in accordance with the applicable rules. He also accepts any responsibility that could derive from an incorrect use of the service.
At the time of confirmation of the booking, the Customer will be asked to pay an advance corresponding to 50% of the rental amount. The rest must be paid no later than 35 days before departure. For bookings made in the 35 days prior to the departure date, the full amount must be paid at the time of confirmation of the booking. Failure to comply with these conditions authorizes the cancellation of the bookings, even if already confirmed.
When boarding, the Customer must pay a deposit to cover the insurance deductibles. The deposit is returned on disembarkation if there are no damages or loss.
5. PRICE VALIDITY AND CURRENCY
The rental prices and the prices of extra services are expressed in € (Euro). Prices are calculated on the basis of exchange rates and of the costs of services of the previous year. They may be subject to variations at any time, due to exchange rate fluctuations, costs of services and variations of the price lists made by charter companies during the current year or due to input errors. All the prices displayed on the website beblue.it are intended as prices per week and include VAT and other eventual taxes, unless otherwise mentioned on the website and/or at the time of booking.
Customers can waive the rental only until the 30th day before departure. In that case, the paid amounts will be returned only if the Charter Company will be able to resell the same rental service. Otherwise, there will be no refund. In any case, 10% of the paid amount will be withhold for brokering rights. No refund will be anyway acknowledged to customers who do not present themselves for boarding or who waive during the course of the cruise.
The Charter Company is entitled to replace the chosen boat with a similar one with analogous characteristics, in case it is necessary for operational or other reasons.
As an intermediary, BeBlue is not entitled to provide any insurance cover for the protection of luggage, health of the travelers and trip cancellation by the Customers, if not expressly requested or specified. BeBlue, thanks to its partnership with AXA Assistance and upon request of Italian Customers, can formulate specific quotations based on the needs of the travelers. Moreover, it may avail itself of the collaboration with important international Insurance Companies to offer specific insurance coverage for Italian as well as foreign customers. In any case, BeBlue recommends that its Customers take out specific insurance policies to cover their trip and its related services.
9. REASONS OF FORCE MAJURE
Reasons of force majeure such as, for instance, strikes, adverse weather conditions, natural disasters, civil or military riots, technical and other problems, can cause even substantial changes to the reservation. Being reasons of force majeure, no responsibility can be attributed to BeBlue, and additional expense that will be needed, if any, will be charged to the Customer.
10. REFUNDS FOR SERVICES NOT USED
Requests for refunds, if any, for services not used as well as disputes must be communicated in written form within 15 days from the date of return at the end of the cruise, or all claims will have to be relinquished.
11. PLACE OF JURISDICTION
Any possible controversy will be subject to the jurisdiction of the Court of Law of Venice - Italy.
B. GENERAL CONDITIONS SALES OF TOURIST PACKAGES
CONTENT OF THE SALES CONTRACT FOR TRAVEL PACKAGES
These General Terms and Conditions of Sale (hereafter, Terms and Conditions) constitute an integral part of the travel contract concluded between the Tourist (hereafter, the Traveller) and BeBlue Co., Ltd, acting as Travel Agency and Tour Operator (hereafter, BeBlue) and govern the offer and the sale of services and Travel Packages, as defined in Article 3 below, available on the www.bebluesailing.com/en website (hereafter, the Site), as well as the presentation and description of the Travel Packages contained in the catalogue (online or hard copy) or in the separate travel programme and the booking conformation of the services requested by the Traveller. In signing the sales contract offer for the Travel Package, the Traveller should keep in mind that he acknowledges having read and accepted, both for himself and for the parties for whom it requests the services or the Travel Package, both the travel contract and the warnings contained herein, as well as these Terms and Conditions and relevant annexes. BeBlue as Organiser and Seller Agency of travel packages, notifies the Traveller that it is empowered to execute its respective activities by the legislation in force. The Traveller may, at any moment and in any case before the conclusion of the Travel Package contract, take note of all information pertaining to BeBlue Co., Ltd as reported below:
BeBlue: Registered Office Via Barche, 53 – Mirano (VE), Place of Business: Via Cesare Battisti, 49 – 30035 Mirano (VE), Fiscal Code / VAT Identification Number: T04378020277 – Registered at the Companies’ Register of Venice Rovigo Delta Lagunare REA n. VE405473. Authorization of Veneto Region No. 3075/2016, Index No. 87006 of 12/10/2016
In order to guarantee its obligations towards the Traveller, BeBlue Co., Ltd has stipulated, pursuant to Article 4 of the Code on Tourism (Legislative Decree no. 79/2011), a policy concerning Professional Indemnity Insurance, which provides insurance coverage for damages due to ruined holidays, with UnipolSai Insurance S.p.A n. 149357794 for a maximum of € 2.065.000,00. BeBlue Co., Ltd adheres furthermore to the Guarantees Fund established by A.I.A.V (Italian Association of Travel Agents) through IL SALVAGENTE s.c.a.r.l, in order to protect the Traveller and be able to refund him all sums paid or return him to the departing location in case of insolvency or bankruptcy of the Organiser or the Seller.
The Traveller can contact BeBlue through the following means: phone number +39 041.8627010, fax +39 041.8623760, email: firstname.lastname@example.org, PEC address: email@example.com, or on its website www.bebluesailing.com through the “Contact us” section visible on the Home Page, at the top right corner, by filling in the appropriate form and clicking on the “Send Request” button. To receive information and assistance for the purchase of the travel packages, the Websites further includes a Live Chat service. Any information, communication, claim regarding the purchases, purchase orders, products, payments and delivery may be requested or sent to BeBlue by email at to the following address: firstname.lastname@example.org.
The Terms and Conditions may be modified at any moment by BeBlue and any changes to the Terms and Conditions will enter into force from the moment of their publication on the “Terms and Conditions” section of the Website. The Traveller is therefore invited to access regularly the Website and/or his personal area and to verify the publication of the latest Terms and Conditions. The languages through which the Traveller can contact BeBlue, inspect on the Website the Travel Packages and all the information related to them and also register, book and a conclude the contract, will be Italian and English.
1. LEGAL SOURCES
1.1 This contract for the sale of a travel package, which includes a cruise, will be governed, in addition to these terms and conditions, also by any further conditions contained in brochures, pamphlets, catalogues of the Organiser and other documentation supplied by the Organiser to the Passenger.
1.2 Said contract is equally regulated by all Italian law concerning mandatory laws applicable in matters related to the protection of consumers’ rights (pursuant to EU Directive n. 90/314 and 2015/2302 and Legislative Decree No. 206 of 6 September 2005), the Code of State Legislation pertaining to tourism regulation and markets (Legislative Decree No. 79 of 23 May 2011 and further modifications made to it by the Legislative Decree No. 62 of 21 May 2018, hereafter the “Code on Tourism - CT”) as well as, when applicable, the provisions of the Civil Code concerning transportation, service contracts and mandates, and the Navigation Code (Royal Decree No. 327 of 30.03.1942); and by Legislative Decree 70/2033 concerning electronic commerce; as well as national and international laws on the individual services that make up the travel package.
1.3 The individual clauses of these terms and conditions must be considered independent from one another; the total or partial invalidity of a single clause or paragraph will not entail the invalidity of any other clause or paragraph of these general terms and conditions of contract.
1.4 The contracts concluded between BeBlue and the Traveller in relation to the purchase of the Travel Packages presented on the Website are regulated by Italian law; are applied, in particular, the provisions on electronic commerce described in the Consumer Code (Legislative Decree 206/2005, Articles 45-68), the provisions described in Legislative Decree 70/2003, as well as the directives provided for in the Code on Tourism (Legislative Decree 79/2011 and its subsequent modifications; Articles 32-51 novies of the Code on Tourism) as modified by Legislative Decree 62/2018, implementing EU Directive 2015/2302 and its subsequent modifications.
1.5 The Traveller’s right of withdrawal from the Package Travel Contract is regulated by Article 9 of these Terms and Conditions.
1.6 The Travel Agency, duly licensed, acts as an intermediary pursuant to Article 33, para. 1 of the Code on Tourism and will have to issue to the Traveller, pursuant to Article 35 of the Code on Tourism, a copy of the contract.
2. DEFINITIONS (Article 33 CT)
For the purposes of this agreement, the following are defined as:
- Traveller: whomever intends to conclude or stipulate a contract or is authorized to travel under a contract of organised tourism;
- Professional: any natural or legal person, public or private, that, in the context of its business, industrial, artisanal or professional activity, acts, in contracts of organised tourism, even through other persons who may operate in its name or on its behalf, as Organiser, seller, professional that facilitates linked travel arrangements or supplies tourist services, pursuant to current legislation;
- Organiser: BeBlue or the professional that, in the context of its business activity, combines, offers, sells and/or organises Travel Packages or Services, directly or even through other persons that operate on its name or on its behalf, as Organiser, seller, professional that facilities linked travel arrangements or supplies tourist services, pursuant to current legislation;
- Seller: BeBlue, or any professional other than the Organiser, that sells or offers for sale the packages combined by an Organiser;
- Durable Medium: every medium allowing the Traveller or BeBlue to conserve all the information that are addressed to him personally in order to be able to access them in the future for an appropriate period of time for the purposes to which they are destined and that allows for the identical reproduction of the information stored. The Terms and Conditions of the contract and the standard insurance policies connected to some Travel Packages are always available online on the BeBlue Website. The Traveller has dedicated access to his own personal area on the BeBlue Website from where he will be able to verify all documents related to the purchased Travel Packages and Services.
3. DEFINITION OF TRAVEL PACKAGE (Article 33, para. 1, n. 4, letter c CT)
Travel Package designates the “combination, from whomever and in whatever way implemented, of at least two different types of tourist services (that is: 1. the transportation of the passengers; 2. the accommodation that does not constitute an integral part of the transportation of the passengers and is not intended for residential purposes; 3. car rental, or rental of other vehicle or motor vehicles that requires a driver’s license of category A; 4. any other tourist service that does not constitute an integral part of one of the tourist services mentioned in 1), 2) or 3), and that is not a financial or insurance service, nor is qualifiable as a “supplementary tourist service”) for the purposes of the same trip or the same holiday or cruise, if at least one of the conditions below is met:
3.1 such services are combined by only one professional, even upon the Traveller’s request or in accordance with a selection of his, before the conclusion of a sole contract for all the services;
3.2 such services, even if concluded through distinct contracts with individual suppliers of tourist services, are:
- purchased at a single sales point and selected before the Traveller agrees to pay;
- offered, sold or invoiced at an all-inclusive or overall price;
- advertised or sold under the denomination of “package” or a similar denomination;
- combined after the conclusion of a contract through which the professional allows the Traveller to choose between a selection of various types of tourist services, or purchased through distinct professionals through linked electronic booking processes where the name of the Traveller, the payment methods and the email address are transmitted by the professional with whom the first contract was concluded to one or more professionals and the contract with this latter is conclude no more than 24 hours after the confirmation of the booking of the first tourist service.
4. PRE-CONTRACTUAL INFORMATION SENT TO THE TRAVELLER (ART. 34 CT)
Before the conclusion of the package travel contract or a corresponding offer, the Organiser and, if the travel package was sold through a seller, this latter as well, will supply the Traveller with the relevant standard information form referred to in Annex A, part I or part II of the Code on Tourism, which will be included in the Booking Conformation and/or in the pre-departure information sent to the Traveller by email and, with the exception of what is already included in these Terms and Conditions, as well as the following information:
- the main characteristics of the tourist services, such as: 1) the destination or destinations of the trip, the itinerary and the periods of residence with their respective dates and, if accommodation is included, the number of nights included; 2) the means, characteristics and the categories of transportation, the locations, dates and schedule of the departure and return, the duration and the location of stopovers and correspondences; if the exact schedule has not yet been established, the Organiser, and if applicable, the seller, will inform the Traveller of the approximate hour scheduled for the departure and the return; 3) the location, the principal characteristics and, where appropriate, the tourist categorisation of the accommodation, pursuant to regulations of the destination country; 4) meals provided; 5) the visits, outings and other services included in the total price agreed upon for the package; 6)the tourist services supplied to the Traveller as member of a group and, in such case, the approximate size of the group; 7) the language in which the services will be supplied; 8) if the trip or the holiday is suited to persons with reduced mobility and, at the Traveller’s request, precise information on the suitability of the trip and holiday to the Traveller’s needs;
- the trade name and geographical address of the Organiser and, where applicable, of the seller, as well as their phone and email coordinates;
- the total price of the package, including all taxes and charges imposed and other additional costs, including any administrative and procedure management costs or, if these are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs that the Traveller might still have to pay;
- The payment methods, including any sums or percentages on the price that must be paid as advance payment and the schedule for the payment of the balance, or the financial guarantees, that the Traveller must pay or supply;
- the minimum number of people required by the package and the period, referred to in Article 41, para. 5, letter a), before the beginning of the package during which the contract can be terminated if this number is not achieved;
- general information regarding any visa and passport requirements, including the approximate timeline needed to obtain visas and the health formalities required by the destination country;
- information on the Traveller’s option to withdraw from the contract at any moment before the beginning of the package against payment of appropriate withdrawal costs, or, if foreseen, any standard withdrawal costs requested by the Organiser pursuant to Article 41, para. 1 of the Code on Tourism;
- information on the optional or required subscription to an insurance plan that covers the expenses derived from the unilateral termination of the contract by the Traveller or any assistance expenses, including the return to the point of departure, in cases of injury, illness or death;
- the details of the insurance coverage referred to in Article 47, paras. 1, 2, and 3 of the Code on Tourism, for protection in cases of insolvency or bankruptcy, as well as the insurance contract covering damages to the Traveller;
- information on the identity of the operating air carrier, and if this is not known at the moment of booking, as reasonably required by Article 11 of EC Regulation 2111/05 (Article 11, para. 2, EC Regulation 2111/05): “Where the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that is or are likely to act as operating air carrier or carriers on the flight or flights concerned. In such case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as such identity is established and any operating ban within the European Union.
5. CONCLUSION OF THE PACKAGE TRAVEL CONTRACT (ART. 36 CT)
5.1 The sales contract offer for the travel package takes place always through BeBlue’s Website and must be drafted using the appropriate electronic contractual forms or, in any case, through a durable medium, and must completed in its entirety and signed by the Traveller, who will receive a copy.
5.2 The acceptance of the sales contract offer for the travel package is dependent on the availability of places and is deemed final, thus resulting in the conclusion of the contract, only upon confirmation (possibly also through electronic means) by the Organiser and conditional upon payment by the Traveller of the instalment referred to in Article 6.1.
5.3 The products presented in the catalogue with the note “check availability” must be reconfirmed by the Organiser from time to time, depending on the travel dates requested by the Traveller and upon verification of availability and the terms needed for the implementation of the trip (for example, attainment of the minimum number of participants).
5.4 Information regarding the travel package not contained in these contractual documents, in the brochures or in any other printed media, will be supplied by the Organiser, in fulfilment of the obligations foreseen by Article 36, para. 8 of the Code on Tourism, before the beginning of the trip. The travel documents (for example, vouchers, boarding information) will be delivered to the Traveller in a timely manner before the Traveller’s departure and the Traveller must retain these documents and bring them with him during the trip, to be able to benefit from the booked services, together with any other documents (for example, activated insurance policies) supplied by BeBlue. The Traveller must verify the correctness of the data shown on the documents mentioned hereabove and on the travel contract and must communicate immediately any mistakes to the Organiser or the Seller.
5.5 Promotional offers, or offers that in any case foresee beneficial conditions notwithstanding those advertised on the website, are subject to time limits and availability, in accordance with the criteria determined from time to time by the Organiser at its absolute discretion.
5.6 In the event of a single booking made for multiple parties listed in the booking itself, the person making the booking must communicate to BeBlue the complete data of the participants as they are shown on their personal identity documentation; he will guarantee to being in possession of the necessary powers to act on behalf of these parties and in any case guarantees the respect of all contractual obligations by all the parties indicated in the booking. Furthermore, the person in charge of the booking guarantees the consent for the processing of the personal and/or individual data of the other parties.
5.7 Bookings made by minors will not be accepted. Without prejudice to what is foreseen in Article 5.6, for underaged Passengers booking must be made by those exercising parental responsibility or from other adult parties in possession of the necessary powers. Such bookings will be accepted only if the minor will travel accompanied by at least one parent or from another adult party who will assume full responsibility over the minor.
5.8 BeBlue informs the Travellers that because of the specific conditions and requirements of Italian and international ports, as well as other entry points, the vessels used by BeBlue are berthed with the stern turned toward the dock or side by side, so that the guests, in order to reach the vessel, dry land or another vessel must use a walkway and/or go from one boat to the other by surpassing the space between the two vessels. The guest must therefore pay very close attention and move carefully because the surfaces of the vessels, the walkways and piers may be wet and slippery. We remind the guests that the use of walkways and the transfer from one boat to another happens at their own risk and peril and that the Commanders of the vessels, the chaperons and the personnel of BeBlue will be happy to help those that need assistance or request help to perform these actions.
5.9 The Traveller is obligated to communicate to the Organiser, upon conclusion of the contract, any illness or inability, physical or psychological, that may require specific types of cures or assistance. No booking can be accepted for Passengers whose physical or psychological conditions are such as to make their participation to the cruise impossible or dangerous to himself or to other passengers, or for Passengers that require types of care or assistance that are impossible to acquire during the trip.
5.10 Since the vessels are not equipped to assist during pregnancies or births, we cannot accept bookings by passengers who have entered their 24th week of pregnancy, if estimated at any point during the cruise. All pregnant women must produce upon embarkation a doctor’s certificate, issued by a gynaecologist, certifying the good health of the passenger and the foetus, her suitability to participate in the trip and as well as the gestation period. BeBlue will not, in any way, be held liable for any event that may happen during and after the trip that may derive or be connected to the pregnancy.
5.11 The Organiser reserves the right to wave these terms and conditions in relation to certain categories of the contract (such as for groups) or regarding promotional offers referred to in Article 5.5 above, toward which will be applicable the terms and conditions specifically indicated from time to time.
5.12 It is the Passenger’s responsibility, prior to the conclusion of the contract, to obtain full and detailed information regarding the health and security situation of the locations visited during the trip; the conclusion of the contract implies the knowledge of such conditions and the acceptance of any risk factors connected to them.
5.13 Individual requests on the procedures for the provision and/or execution of certain services that are part of the travel package, including the need for assistance at airports for individuals with reduced mobility, requests for special meals on board or in the accommodation locations, must be put forward during the booking request and will result in a specific agreement between the Traveller and the Organiser, through the representative Travel Agency.
5.14 In the event of contracts negotiated outside business premises, the Traveller has the right to withdraw from the package travel contract within a period of 5 days from the date of the conclusion of the contract or from the date in which it will receive the contractual conditions and the preliminary information, whichever is later, without penalties and without needing to provide a reason. In the event of offers with prices that are significantly lower compared to the current offer (for example, last minute offers), the right of withdrawal is excluded. In the latter case, the Organiser will document the price variation highlighting properly the exclusion to the right of withdrawal (Article 41, para. 7, Code on Tourism).
5.15 All travel initiatives proposed or organised by BeBlue will begin and end at the airport or in the place indicated in the travel programme and in the relevant information documents. Any travel not performed using the vehicles and/or air carriers booked or organized by BeBlue, that are thus outside its responsibility, such as outings and in general services purchased directly in situ by the Traveller at the destination of the trip and not explicitly included in the travel package, are to be considered as outside the scope of the contract stipulated with BeBlue as Organiser. Therefore, no responsibility can be held by BeBlue or its technical organisation, either as organiser or intermediary of the services.
5.16 Any outings, services or benefits purchased and paid by the Traveller at the destination are not included in the contract. Therefore, no responsibility with regards to these purchases can be transferred to the Organiser, even in the event that, as a courtesy, resident staff, chaperons, guides or local correspondents may have taken care of their booking.
6.1 Upon payment of the offer for the purchase of a travel package and in accordance with the conditions indicated on BeBlue’s website and in the Booking Confirmation, the Traveller must pay the Organiser:
- the registration fee or the process management fee (Article 7);
- a down payment equalling 50% of the price of the travel package published in the catalogue or the price of the package as supplied by the Organiser. The balance must be paid without delay within the deadline established by the Tour Operator in its own catalogue or as requested and indicated in the booking confirmation of the travel service/package which, as a general rule, is set to 35 days before the date of departure. The Traveller still has the option, at his own discretion, to pay the entire price upon receipt of the Booking Confirmation.
6.2 For bookings later than the date indicated as the deadline for the payment of the balance, the entire amount must be paid at the moment of the signing of the purchase offer;
6.3 The non-payment of the sums indicated above, by the established deadline, or failure to return to the Tour Operator the sums paid by the Traveller – without prejudice to the warranties referred to in Article 47 of the Code on Tourism – shall constitute a termination clause pursuant to Article 1456 of the Civil Code that would result in the automatic termination by the sending of a simple written notice, by fax or e-mail, to the intermediary Agency, or even the electronic residency, as communicated, of the Traveller. The payment of the price will be considered fulfilled when the sums are received by the Organiser directly through the Traveller or through the intermediary chosen by the Traveller himself.
7. PRICES (Article 39 CT)
7.1 The price of the travel package is determined in the contract, with reference to what is indicated in the catalogue on the BeBlue Website, or on the out-of-catalogue programmes, and by any updates to these catalogues or out-of-catalogue programmes as subsequently introduced. After the conclusion of the package travel contract, the prices may increase or decrease.
7.2. Price increases are possible exclusively as a consequence of any changes to: a) the price of the transportation of the passengers depending on the price of fuel or other energy sources; b) the amount of taxes or charges on the tourist services included in the contract as imposed by third parties not directly involved in the execution of the package, including landing, disembarkation, or embarkation fees at ports and airports; c) the exchange rates related to the package.
7.3 Price increases, regardless of their extent, are possible only after their clear and precise communication by the Organiser to the Traveller through durable mediums, with the inclusion of all justifications pertinent to such an increase and the method of calculation, at least twenty days before the beginning of the package. If the price increase referred to in this article exceeds the 8% of the total price of the package, Article 40, paras. 2, 3, 4 and 5 of the Code on Tourism are applied.
7.4 In the event of price decreases, the Organiser has the right to deduce all administrative expenses or procedure management expenses from the refund due to the Traveller, of which the Organiser must provide evidence upon request by the Traveller. Such non-refundable expenses refer to: a) registration fees or procedure management fees; b) registration fees: included in the catalogue or in the package price provided to the Seller or to the Traveller; c) cost of any insurance policies against cancellation risks and/or medical expenses or other requested services; d) cost of any visas or any entrance or exit fees to/from the destination Countries; e) airport fees and charges.
8. MODIFICATION OR CANCELLATION OF THE TRAVEL PACKAGE BEFORE DEPARTURE (ART. 40 CT)
8.1 Before the beginning of the package, the Organiser reserves the right to modify unilaterally the conditions of the contract, unrelated to the price, pursuant to Article 39, as long as these modifications are of slight importance, and will be communicated to the Traveller in a clear and precise manner through a durable medium.
8.2 If, before the beginning of the package, the Organiser is obligated to modify in a significant manner one or more of the principal characteristics of the tourist services referred to in Article 34, para. 1, letter a), or if it can no longer satisfy the specific requirements referred to in Article 36, para. 5, letter a), or if it proposes an increase in the price of the package beyond the 8%, as pursuant to Article 39, para. 3, the Traveller, within a reasonable period specified by the Organiser, may accept these proposed modifications or may withdraw from the contract without having to pay withdrawal fees. In case of withdrawal, the Organiser may offer the Traveller a substitute package of equivalent or higher quality.
8.3 The Organiser informs, without undue delay, the Traveller in a clear and precise manner through a durable medium: a) of the proposed modifications referred to in para. 2 and their effect on the price of the package pursuant to para. 4; b) of a reasonable time period within which the Traveller must inform the Organiser of his decision with regards to point 2; c) of the consequences if the Traveller fails to reply within the period specified in letter b) and any substitute package offered and its relative price.
8.4 If the modifications to the package travel contract or the substitute package mentioned in para. 2 result in a package of lower price or quality, the Traveller has the right to an appropriate reduction in price.
8.5 In case of termination of the package travel contract pursuant to Article 40 of the Code on Tourism, para. 2, if the Traveller does not accept the substitute package, the Organiser will refund without undue delays and in any case within 14 days from the termination of the contract all payment made by or on behalf of the Traveller and the provisions of Article 43 of the Code on Tourism, paras. 2, 3, 4, 5, 6, 7, 8 will be applied.
9. TRAVELLER’S WITHDRAWAL (ART. 41 CT)
9.1 The Traveller may withdraw from the package travel contract at any moment before the start of the package, against payment to the Organiser of the expenses sustained for the payment of the premium on the insurance coverage, of any management and administrative expenses as referred to in Article 11.2 and any other expenses incurred by the Organiser and for which justification will be provided to any Traveller that may request them.
9.2 The Traveller who withdraws from the package travel contract, without prejudice to what is indicated in points 9.1 and 9.7, will have to pay the following standard penalties for the withdrawal, that will depend on the destination chosen and on the date when the Traveller decides to withdraw from the contract with respect to the departure date:
- up until 30 days before the date of departure: 50% of the registration fee,
- beyond this term, 100% of the registration fee. (these references are always to “calendar” days)
It is further specified that:
- for certain destinations, for certain tourist services or not, for pre-formed groups or for certain combinations of travel, the penalties mentioned above may be subject to relevant variations and may be already due at 100% from the moment of an irrevocable proposal or the booking/confirmation by the Organiser; such variations will be indicated in the documents concerning the out-of-catalogue programmes or customised trips or groups and services not generally included, fully or partially, in the present catalogue;
- no refunds will be made to the Traveller who decides to interrupt the trip or the stay by unilateral will.
9.3 In the absence of specifications for standard penalties applied for withdrawal, the amount of the withdrawal fees will correspond to the price of the package minus expected cost savings and the income derived from the reallocation of the tourist services. The Traveller may stipulate insurance policies for the coverage of the fees for his unilateral withdrawal or the coverage of assistance-related expenses, including return to point of departure in cases of injury, illness or death. Based on the selected package, the Organiser informs the Traveller of whether subscription to such insurance is obligatory or optional.
9.4 In the event of inevitable or extraordinary circumstances befalling at the place of destination or in its immediate vicinity that have a substantial impact on the execution of the package or on the transportation of the passengers towards their destination, the Traveller has the right to withdraw from the contract, before the beginning of the package, without any withdrawal fees, and will be refunded the integral payments made for the package, but will not have the right to any additional compensation.
9.5 The Organiser may withdraw from the package travel contract and offer to the Traveller a full refund of the payments made for the package, but is not obligated to pay any additional compensation if:
- the number of people registered for the package is lower than the minimum number foreseen by the Contract and the Organiser communicates the termination of the contract to the Traveller within the period established in the contract and in any case no later than:
- 20 days before the beginning of the package for trips lasting longer than six days.
- 7 days before the beginning of the package for trips lasting between three and six days,
- 48 hours before the beginning of the package for trips lasting fewer than 2 days.
- the Organiser is unable to execute the contract because of inevitable or extraordinary circumstances and has communicated promptly and without undue delays the termination of the contract to the Traveller, before the beginning of the package.
9.6 The Organiser will proceed to make all refunds provided for in paras. 4 and 5 or, with regards to what is foreseen in paras. 1, 2 and 3, will proceed to refund whatever payment was made by or on behalf of the Traveller for the package, after having deducted the appropriate expenses, without undue delay and in any case within 14 days from termination. In the cases referred to in paras. 4 and 5, the Organiser will also undertake the resolution of any functionally linked contracts that were established with third parties.
9.7 In case of contracts negotiated outside of business premises (as defined in Articles 45 and 50; pursuant to Article 59 of the Consumer Code), the Traveller has the right to withdraw from the Sales Contract for Travel Package without any standard penalties applied for termination and without needing to provide reasons, within, and no later than 5 days from the date of the conclusion of the contract (Article 6 of these Conditions) or from the date in which he receives the contractual conditions or preliminary information, whichever is later. In the event of offers priced significantly lower than current offers, the right of withdrawal is excluded. In the latter case, the Organiser will document the variation in price duly highlighting the exception to the right of withdrawal.
10. SUBSTITUTION AND TRANSFER OF THE TRAVEL PACKAGE TO ANOTHER TRAVELLER (ART. 38 CT)
10.1 The Traveller, subject to advance warning given to the Organiser on a durable medium within and no later than seven days before the beginning of the package, may transfer the package travel contract to another person as long as: a) the person to which he wishes to transfer the package satisfies all the conditions for the use of the service and in particular: all requirements concerning passports, visas and health certificates; b) that these services or other substitute services may be provided following the substitution. It is further agreed that, in application of Article 944 of the Navigation Code, the substitution will only be possible upon approval by the carrier.
10.2 The Travellers, assignor and assignee of the package travel contract, are jointly and severally responsible for the payment of the balance of the price and any charges, taxes and other additional charges that may result from the transfer. The Traveller must in any case pay an amount of € 50,00 (fifty/00) per person for the “Administrative Expenses” derived from the handling of the matter.
10.3 In any case, the Traveller who requests a change to an element pertaining to matters already confirmed (e.g., traveller’s names, travel dates, change of destination, etc.), as long as the request does not constitute contractual netting and as long as its implementation is feasible, will pay the Tour Operator, in addition to the “Administrative Expenses” referred to in para. 11.2, any expenses inherent to the management and modification of the matter itself with the subsequent charge to the Traveller of an additional amount denominated “Expenses for Practical Variation” corresponding to Euro 100,00 (one hundred/00) per variation.
10.4 The modification of the name of the assignor with that of the assignee may not be accepted by a third-party service supplier even if made within the terms of Article 11.1 of these Terms and Conditions. Nevertheless, the Organiser will not be responsible for any non-acceptance of the modifications by third-party service suppliers. Such non-acceptance will promptly be communicated by the Organiser to the interested parties before departure.
11. OBLIGATIONS OF THE TRAVELLER
11.1 During the negotiations and in any case before the conclusion of the contract, the Traveller will receive in writing general information concerning the passports, visas and health formalities needed for border crossing.
11.2 For the laws regarding the border crossing of minors we refer explicitly to what is indicated in the website of the Polizia di Stato (State Police). We precise, nevertheless, that minors must be in possession of a personal ID valid for border crossing, that is a passport, or for EU countries, an identity card valid for border crossing. With regards to the border crossing of minors of 14 and the border crossing of minors for whom an Authorisation issued by a Judicial Authority is needed, the provisions indicated on the website of the Polizia di Stato must be followed http://www poliziadistato.it/articolo/191/.
11.3 Travellers must nevertheless find all corresponding information through their relevant diplomatic missions and/or official government information channels. In any case, the travellers will take care, before departure, to verify any updates with the competent authorities (for Italian citizens, through local police headquarters (“questure”) or the Ministry of Foreign Affairs, through the website viaggiaresicuri.it or through the Central Telephone Number at 06.491115) and make any necessary arrangements before the trip. In the absence of such verifications, no responsibility for the non-departure by one or multiple travellers will be borne by the Seller Agency or the Organiser.
11.4 The Traveller must in any case inform the seller and the Organiser of their own citizenship at the moment of the booking request made for the travel package or tourist service and, at the moment of departure, must make definitively sure to have all the vaccination certificates, individual passports and any other documents needed for all the Countries included in the itinerary, as well as all residency and transit visas and health certificates that may be required.
11.5 Furthermore, in order to evaluate the socio-political and health security situation, as well as to receive any other useful information on the destination Countries and thus objectively verify the performance of the purchased or to be purchased services, the Traveller will have the duty to get all official general information with the Ministry of Foreign Affairs and as disclosed through the institutional site of the Farnesina at viaggiaresicuri.it. The information above is not contained in the Travel Operator’s catalogues – online or hard copy – since these contain descriptive information of general nature, as indicated in the information leaflet, and not information that changes over time. This information therefore must be learned by the Travellers themselves. Furthermore, the Travellers must comply with all normal rules of care and diligence and with the laws in force in the destination countries, with all the information supplied to them by the Organiser, as well as the regulations and the legal and administrative provisions related to the travel package. The travellers with be held liable for all damages that the Organiser and/or the seller may suffer because of the Traveller’s breach of the obligations indicated above, including the expenses needed for their reparation.
11.6 If at the date of the booking, the chosen destination results from official information channels a non-recommended location for security reasons, the Traveller who subsequently decides to exercise his right of withdrawal cannot invoke, for the purpose of being exempt from the request for compensation for the withdrawal exercised, the nullification of the contractual cause concerning the security conditions of the Country.
11.7 The Organiser or the seller that has granted a compensation or price reduction which corresponds to an indemnification, or has been obligated to fulfil other obligations imposed by the Law, has the right of recourse against the parties that have contributed to the circumstances or to the event from that have given rise to the compensation, the price reduction, indemnification or other related obligations, as well as towards the parties that will have to supply assistance and accommodation pursuant to other provisions, if the Traveller is incapable of returning to the departure point. The Organiser or the seller who has compensated the Traveller is substituted, within the limits of the paid compensation, in all rights and actions of this latter towards the third-parties responsible; the Supplier will supply to the Organiser or the seller all documents, information or elements in his possession needed for the exercise of the right of subrogation (Article 51 quinquies of the Code on Tourism).
11.8 Likewise, the Traveller will communicate in writing to the Organiser, at the time of the offer for the sale for the travel package and thus before the Organiser’s sends the booking confirmation for these services, any personal requests that may result in specific agreements concerning the travel arrangements, provided that their implementation is possible.
12. POWERS OF THE COMMANDER AND THE ORGANISATION
12.1 The Commander of the vessel is entitled to proceed without pilot, to tow and assist other vessels in any circumstances, to deviate from the standard route, to call any port (whether it is part of the vessel’s itinerary or not), to transfer the Traveller and his luggage to another vessel for the continuation of the trip, to modify the itinerary of the cruise based on the meteorological conditions and his indisputable technical assessments.
12.2 In order to guarantee that all guests will travel securely with BeBlue and its partners, there are several things and behaviour that are not accepted under any circumstances during the trips organised or sold by BeBlue. It is strictly prohibited to bring on board arms or drugs and everything that is intrinsically hazardous or that can be used to commit an act of violence or threat.
12.3 BeBlue Co., Ltd informs the guests of its trips and cruises, whether they be organised by BeBlue itself or through intermediaries, that the vessels sail in national and/or international waters and cross borders controlled by the Coast Gard. The Commander of the vessel has always and at any moment the indisputable right to banish, disembark or deny boarding to individuals that do not comply with the standard rules of care and diligence and those specifically in force in the destination countries of the trip, to individuals transporting arms or drugs, to those who consume inordinate amounts of alcohol or any other intoxicating substance or their combination, such as to constitute a danger for the security, health or safety of the vessel, of the crew or the guests. This also stands for travellers who adopt behaviours that compromise the enjoyment of the cruise or of the trip by other passengers. In this case, or if the guest wishes to leave the vessel on his own initiative, the Commander will banish, disembark or deny boarding to these travellers at an intermediate port and nothing from the trip or any expenses made by the guess will be refunded.
12.4 The disembarkation of the Traveller and his luggage, in compliance with these orders and directives, frees the Organiser from any liability for the continuation of the trip or the repatriation of this same Traveller.
12.5 The Organiser, at its reasonable discretion, is entitled to refuse new bookings for any Travel Package or Service offered by BeBlue and is also entitled to annul any bookings already made, if the Traveller renders himself liable, during the cruise or the Travel Package, of one or more of the behaviours indicated below:
- he has violated the rules of conduct referred to in Article 10 and 11 or has performed acts referred to in the present Articles 12.1 and 12.2;
- he has performed acts to the detriment of other Passengers or members of the crew, as well as against the assets that are the property of the Organiser and/or third parties;
- he has not paid the price of the cruise and/or other booked services, or is in debt vis-à-vis the Organiser or the Vendor for monetary sums and does not comply willingly.
In such cases the Organiser will proceed with the refund of what at that moment has already been paid by the Passenger in relation to its price, while already excluding the compensation for any further damage pursuant to Article 46, point 1 of Legislative Decree 79/2011.
12.6 The Traveller will be made aware of these circumstances through a written notification, even electronically, that will be sent to the address that is in the Organiser’s possession.
13. HOTEL CLASSIFICATION
13.1 The official classification of the hotel facilities will be supplied in the catalogue or in other informative materials based only on the formal and expressed indications made by competent authorities in the Countries where the service is provided. In the absence of classifications officially recognized by the competent Public Authorities of EU member States, which the service concerns to, or in the case of structures marketed as “Holiday Village”, the Organiser is entitled to supply in the catalogue or in the brochure its own description of the participating facility, such as to allow for the evaluation and subsequent acceptance of this facility by the Traveller.
13.2 BeBlue selects the vessels for its Travel Packages in close cooperation with the best charter and international suppliers, the prices laid down vary depending on the model of the vessel, its dimensions, the year of manufacture, any integral or partial refitting, its technical specifications, any optional available on the vessel selected based on the type of navigation that the group intends to use, including also any additional services available on board (for example, skipper, hostesses, etc.). In general, the bigger the vessel, the higher the number of cabins and bathrooms available on board, nevertheless the number of cabins and bathrooms available on board of the vessels is not binding on the classification of the vessel or cannot be considered a breach or give rise to the non-execution of the Travel Package.
13.3 The model of the vessels, the technical specification and the optional may be subject to variations. BeBlue is entitled to substitute the vessel presented in the catalogue, or out-of-catalogue, with another class of vessel of similar quality; BeBlue is further entitled to upgrade the Traveller to a higher class. The assignment to an accommodation of a superior category may result for the Traveller in the payment of any extra expenses not included in the price of the trip for the Travel Package purchased, but that are tied to the boarding class itself (for example, expenses for fuel, ports, expenses related to the vessel that are due by the Traveller).
14. LIABILITY REGIME OF THE ORGANISER (ART. 42 CT)
14.1 The Organiser is liable for the execution of the services foreseen by the package travel contract, independently of the fact that such tourism services may be provided by the Organiser itself, by its auxiliaries or agencies responsible for the performance of its functions, by third-parties of whose operations the Organiser avails itself or from other supplier of tourist services, pursuant to Article 1228 of the Italian Civil Code.
14.2 The Traveller, pursuant to Articles 1175 and 1375 of the Civil Code, promptly informs the Organiser, directly or through the seller, and taking into account the circumstances of each case, of any breaches recognised during the execution of a tourist service provided for in the package travel contract.
14.3 If one of the tourism services is not executed as agreed to in the package travel contract, the Organiser will remedy the breach, unless this turns out to be impossible or unduly burdensome, taking into account the extent the breach and the value of the tourism services affected by it. If the Organiser does not remedy the breach, Article 43 of the Code on Tourism is applied.
14.4 Without prejudice to the exceptions mentioned in para. 3 herein, if the Organiser does not remedy the breach within a reasonable period as established by the Traveller depending on the duration and the characteristics of the package, with the claim exercised pursuant to para. 2, the Traveller may personally remedy the breach and request the refund of the necessary expenses, as reasonable and evidenced; if the Organiser refuses to remedy the breach or if immediate remedy is necessary, the Traveller does not need to specify a time period.
14.5 If a breach, pursuant to Article 1455 of the Civil Code, constitutes a breach of non-negligible importance of the tourism services included in the package and the Organiser has not remedied it within a reasonable period established by the Traveller in relation to the duration and the characteristics of the package, with the claim exercised pursuant to para. 2, the Traveller may, without expenses, legally and with immediate effect terminate the package travel contract or, if applicable, ask, pursuant to Article 43 of the Code on Tourism, a reduction in price, without prejudice to any compensation for damages. In case of termination of the contract, if the package included the transportation of the passengers, the Organiser will see to the return of the Traveller with an equivalent transportation without undue delays and without additional costs to the Traveller.
14.6 Where it is impossible to ensure the return of the Traveller, the Organiser will bear the costs for the necessary accommodation, where possible at an category equivalent to that foreseen in the contract, for a period of no longer than 3 nights per Traveller or for the longest period foreseen by the regulations of the European Union on passengers’ rights, as applicable to the pertinent transportation means.
14.7 The limitation of costs referred to in para. 6 is not applicable to individuals with reduced mobility, as defined in article 2, para. 1, letter a) of CE Regulation no. 1107/2006 and to their companions, to pregnant women, to unaccompanied minors or to individuals requiring specific medical assistance, provided that the Organiser has received notice of their specific needs at least 48 hours before the beginning of the package.
15. PRICE REDUCTIONS AND COMPENSATION LIMITS (ART 43, para. 5 CT)
15.1 If unexpected circumstances not attributable to the Organiser, unless these circumstances are attributable to the Traveller himself, make it impossible to supply, during performance of the package, a substantial part, in value or quantity, of the combination of tourism services agreed on in the package travel contract, the Organiser will offer, without any additional charges to the traveller, alternative services of suitable quality, if possible equal or superior, compared to those specified in the contract, so that the execution of the package may continue, including the possibility that the return of the traveller at the departure point is not supplied as agreed. If the alternative solutions proposed result in a package of lower quality compared to what specified in the package travel contract, the Organiser will grant the Traveller an appropriate price reduction to the extent of the difference between the cost of the services expected and of the services provided.
15.2 The Traveller may refute the alternative proposals only if they are not comparable to what is agreed in the package travel contract or if the price reduction granted is not adequate.
15.3 The Traveller has the right to request the Organiser the appropriate compensation for any damage that he may have suffered due to a breach. The Traveller is not entitled to a compensation for damages if the Organiser demonstrates that the breach is attributable to the Traveller or to a third party that is not party to the supply of Tourism Services included in the Package Travel Contract; or if the breach that is due to an unpredictable or inevitable event, to circumstances that fall outside the supply of the services provided for in the contract, to unforeseeable circumstances, to force majeure or to inevitable or extraordinary circumstances that the Organiser itself could not, even when exercising professional diligence, reasonably foresee or resolve.
15.4 The compensation due by the Organiser will not in any case be higher than the compensation indemnities and the limits to such indemnities provided for in EU Regulation n° 329/2009 and the national and international laws in force concerning the services whose breach has determined the damage, where applicable. This contract expressly provides for the limitation of compensation due by the Organiser, with the exception of personal injury or injuries caused deliberately or through gross negligence. The compensation or the price reduction granted pursuant to the Code on Tourism and the compensation or price reduction granted pursuant to other EU regulations and other applicable international conventions must be deducted from one another.
15.5 Without prejudice, if the Organiser is also the shipowner and/or owner and/or conductor and/or charterer of the vessel used for the cruise, to the application of all existing regulations with regards to debt limits or, as applicable, to EU Regulation n° 392/2009 and its subsequent modifications.
16. LIABILITY REGIME OF THE SELLER (ARTICLES 50-51 quarter CT)
16.1 The Seller is responsible for the execution of the mandate conferred to him by the Traveller through travel intermediation contract, independently of the fact that such tourism services may be provided by the Seller itself, by its auxiliaries or agencies responsible for the performance of its functions, by third-parties of whose operations the Seller avails itself, and the fulfilment of the obligations undertaken must be evaluated in accordance with the diligence required for the performance of the corresponding business activity.
16.2 The Seller is not responsible for booking errors attributable to the Traveller or attributable to any inevitable and extraordinary circumstances.
16.3 The right of the Traveller to compensation for damages related to the Seller’s liability will lapse after 2 years starting from the date of the Traveller’s return to the point of departure.
17. CONDITIONS OF SALE OF INDIVIDUAL TRAVEL ARRANGEMENTS AND LINKED TRAVEL ARRANGEMENTS
17.1 Contracts concerning the offer of transport services only, accommodation services only, namely of any other separate travel arrangements, not necessarily configured in a way usually negotiated by travel organizations or rather under travel packages, are regulated by the following provisions of the CCV: Article 1, no. 3 and no. 6, articles 17 to 23, articles 24 through 31 (purely as regards those paragraphs of such provisions that do not reference contractual arrangements): thus they do not benefit from the protections provided by the Code on Tourism and contractual conditions of the individual supplier will apply. The responsibility for the correct fulfilment of this contract is with the supplier of the service.
17.2The Seller that undertakes to supply to third parties, even electronically, an unbundled travel service is obligated to provide the Traveller all documents related to this service showing the price paid for the service and cannot in any way be considered a Travel Organiser.
18. OPPORTUNITY TO CONTACT THE ORGANISER THROUGH THE SELLER (ART. 44 CT)
18.1 The Traveller may address messages, requests or complaints related to the execution of the package directly to the Seller through which he has purchased it, who in turn will forward promptly these messages, requests or claims to the Organiser.
18.2 For the purpose of compliance with time-limits or limitation periods, receipt of the messages, requests or complaints referred to in the first subparagraph by the retailer shall be considered as receipt by the organiser.
19. AID OBLIGATION (ART. 45 CT)
19.1 The Organiser will provide the appropriate assistance, without delays, to the Traveller that is in difficulty even in the circumstances described in Article 42, para. 7 of the Code on Tourism, in particular by offering the appropriate information on the health services, local authorities or consular assistance and assisting the Traveller in the implementation of long-distance communication and aiding him in finding alternative tourism services.
19.2 The Organiser can claim the payment of a reasonable sum for such assistance provided, if the problem was caused deliberately by the Traveller or by his negligence, within the limits of the costs actually incurred.
20. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES (ART. 47, para. 10 CT)
20.1 If not explicitly included in the price, it is possible and advisable to stipulate, at the moment of the booking through the Organiser and the Seller, special insurance policies against expenses derived from the cancellation of the package, from injuries and/or illness that include also repatriation expenses and loss and/or damage to the luggage. The rights arising from the insurance contracts must be exercised by the Traveller directly with the stipulating Insurance Companies, in accordance with the conditions and modalities provided in the policies themselves, paying particular attention to the timeline for the opening of a claim, to deductibles, to limitations and exclusions. The insurance contract between the Traveller and the insurance company is binding between the parties and exerts its effects between the Traveller and the insurance company pursuant to Article 1905 of the Civil Code.
20.2 The Traveller, upon subscription to the booking request, may avail himself of the insurance policy provided to him with the request, upon payment of the relevant amount. The Traveller can also stipulate additional insurance policies and communicate to the Organiser or to the Seller any special needs for which a policy, different from that proposed by the Organiser on its own website or included in the price of the package, may be needed or appropriate.
21. ADDENDUM COVID-19
CONCLUSION OF THE TOUR PACKAGE CONTRACT (ART. 36 CT) – INTEGRATION OF ART. 5.8
The refusal of the traveler to provide the requested information and/or documents, as well as to do the possible medical checks referred to in article 11.9 of these General Conditions, will determine the legal termination of the contract, without possibility to get a refund for the missed part of the trip and/or for other services purchased with the package.
CANCELLATION BY THE TRAVELER (ART. 41 DdT) – INTEGRATION OF ART. 9.4
In addition to the requirements of paragraph 9.4, for the purpose of pandemic containment following the spread of the virus Covid-19, please note that: the traveler must take a Covid-19 test (molecular test or antigenic rapid test with nasopharyngeal test) before or after the cruise; the traveler must spend a period of quarantine in his/her country of origin once back to his/her country. Problems related to the cancellation of flights or to transports in general from and to destinations with open frontiers are not sufficient conditions to request a refund of the trip or to benefit from a holiday voucher.
OBLIGATIONS OF THE PASSENGERS – INTEGRATION OF ART. 11
11.9 In order to contain the spread of the virus Covid-19, and with the purpose of safeguarding the health of all the people participating in the cruises organized or sold by BeBlue, the Traveler must provide the documents and information regarding his/her health that will be possibly asked for boarding. The Traveler undertakes to provide truthful statements about his/her health conditions at check-in (being it online or on the spot) and gives consent, as of now, to temperature measurement and medical screenings and checks that can take place before boarding as well as during the cruise. The organizer reserves the right not to board/disembark the Traveler in case his/her health conditions or the provided information do not allow, based on the applicable regulations regarding the protection of the right to health, his/her stay on board. The refusal by the traveler to provide the requested information and/or documents, as well as to do the possible medical checks required before and during the stay on board (e.g. daily temperature measurement), integrates the hypotheses mentioned in the previous article 5.8 of the General Conditions and determines the legal termination of the contract, without possibility to receive a refund for the missed part of the trip and/or for other services included in the package.
11.10 In addition to the requirements of the previous paragraph, the Traveler must act in accordance with the procedures laid down by the Organizer in order to contain the spread of the virus Covid-19, such as: molecular test or antigenic rapid test with nasopharyngeal test that could be required for boarding, social distancing, excursions/stops ashore, use of facial masks and hygiene protocols. These procedures are subject to continuous evolution by the applicable legislation; therefore, BeBlue reserves the right to communicate them to the Traveler even a few days before departure and, if necessary, to implement them during the cruise. Non-compliance with these procedures involves disembarkation, without possibility to receive a refund for the missed part of the trip and/or other services included in the package.
INSURANCE AGAINST CANCELLATION AND REPATRIATION FEES (ART. 47, clause 10 CdT) – INTEGRATION OF ART. 20
20.3 The Traveler, upon subscription of the booking request, can benefit from insurance policies for the safeguard of his/her holiday, with specific extensions for problems related to Covid-19, for example: cancellation in case of positive Covid-19 test result or self-isolation before departure, interruption of stay following quarantine and repatriation costs, daily allowance for hospitalization.
22.2 In some cruises organised by BeBlue (for example, in flotillas) the Tour Operator will avail itself of the collaboration of professional photographers and filmmakers in order to collect photographic and video material that will be diffused for the purpose of entertainment, institutional and promotional activities. The Traveller, pursuant to Article 97 of Law 633/41 authorises BeBlue to use the photographic images and the video recordings made during the period of the travel package/location/training course, for buy out and for the institutional, commercial and promotional purposes of BeBlue Co., Ltd, be it for their inclusion in traditional media, hard copy advertising and sale materials, or on the company website. BeBlue invites its guests that do not wish to be photographed or recorded to promptly notify any photographers or video makers present on board of flotillas or vessels. To reject the use or request the removal of an image from BeBlue media, we kindly ask the Traveller to notify us through a specific email with the subject line “removal of image” sent to email@example.com. The removal of the image may be effectuated only by prior notification of the concerned Traveller. BeBlue will not, under any circumstances, use recognisable photos of minors taken on board of the flotillas/vessels without the written authorisation of the parents.
23. COMPULSORY NOTIFICATION PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006.
“Italian legislation punishes by reclusion all crimes regarding prostitution and child pornography, even if committed abroad.
This Terms and Conditions of Sales are executed in two original versions, Italian and English, and in case of any discrepancy the Italian version shall prevail.
Copyright © BeBlue S r l. 2016-2020 - Latest update 19 March 2021