Gaveena’s Terms and Conditions for Photo Tours

Before applying for your booking, please read carefully our terms and conditions which are the basis of the contract between you (the “traveller”) and Gaveena (the “organizer”).

Gaveena is a brand of Blueberry Travel Company, owned and managed by
enne Quadro s.a.s. di Stefano Serra & c.
Via Galilei 16 a, 07100 Sassari, Sardinia, Italy
VAT nbr 02319360901
Inscribed at Sardinia Regional Registry nbr 342 on 16/06/2010
Insurance Europ Assistance nbr 27583



1. LAW SOURCES

Each booking and related travel contract is regulated by italian law n. 1084 issued on 27/12/1977 implementing the rules stated by International Convention for the travel contract (CCV) signed in Bruxelles on 23/04/1970; furthermore, it refers to the rules stated in Codice del Consumo (Consumers Code Act), articles 82-100 of italian D.Lgs. n. 206 issued on 6/9/2005.
Responsibility of the organizer will not exceed the limits stated by above mentioned laws.



2. OUR SERVICES

We sell only package holidays, booked through us at an inclusive price.
A package holiday is a combination of at least two of the following services (a) transport, (b) accommodation or (c) other tourist services (not ancillary to any transport or accommodation and forming a significant part of the arrangements).
Please note that our packages do not include flights and we do not provide flights booking service in connection with our travel arrangements.
Booking of flights, or any other mean of transportation needed to reach the starting point of the package, is to be made individually by our customers.

Responsibility of the organizer is limited to the services included in the package holiday.

Please note that we do not provide booking of single services such as flights only, accommodation only, excursions only etc.



3. BOOKING AND PAYMENTS

In order to make a booking you must be at least 18 years old and have the authority to accept on your behalf – as well as on behalf of other people mentioned in your booking/contract – our terms and conditions.

Services offered by the organizer are subject to availability; the booking request is confirmed and the travel contract is consequently concluded only when written confirmation and/or invoice is sent by the organizer to the customer.
Our confirmation/invoice is our acceptance of the booking (as detailed therein), and the contract is made on its issue. Please check carefully all details mentioned into confirmation and report to us any wrong item within 48 hours otherwise the details shown on the confirmation will be presumed to be correct.

All correspondence and documents are written in English and sent to the person who accepts the contract (the so called “party leader”) who is responsible to the organizer for all payments and other obligations related to the booking.

To make a booking, upon confirmation the payment of 25% deposit of the balance of your holiday is required. The date for settlement will be highlighted on your confirmation/invoice; generally it must be paid in full no later than 60 days before your departure. If settlement is not paid within mentioned deadline, your booking may be cancelled and your deposit retained.
In case one or more services have to be paid at the time of booking, the related sum will be included in the amount of your deposit. Please note that usually services which have to be paid in full upon booking are non-refundable. In any case, non-refundable services will be mentioned in our confirmation.
For booking made less than 60 days before departure, full settlement will be requested upon booking.



4. PRICES

Prices are expressed in Euro and include Value Added Tax.
Prices do not include any personal expenses and whatever is not mentioned in the paragraph “Price includes” related to each package.

According to Italian law, the organizer has the right to modify prices in case of changes in following items related to services included in the package:

· transports costs, including fuel
· rights and taxes on excursions and related goods/services, including landing and/or access fees
· rights and taxes on accommodation and related goods/services

In case of increase of above mentioned costs, the organizer must inform travellers not later than 20 days before departure.



5. CANCELLATION POLICY

Cancellation without penalty
Travellers may cancel their booking before departure with no penalties under following circumstances:

· if the package price increase exceeds 10% as a consequence of the changes mentioned in “Prices” paragraph
· if a major change occurs to travel arrangements; a major change can reasonably determine a substantial effect on the booked package, such as change of your holiday region or reducing the number of days’ holiday
· if it is not possible to take part in the journey due to actions performed by the organizer

In the above mentioned cases, travellers have the right:

· to accept the modification proposed by organizer
· to book another travel package offered by the organizer (you will pay the increase in cost if the alternative package has a higher price than your original booking, or receive a refund of the difference if it is less expensive)
· to cancel the booking and receive full refund of paid amount

These option will be promptly communicated in written by the organizer and travellers are requested to communicate in written their choice.

Cancellation with penalty
If you wish to cancel your booking for any reason not mentioned in the above paragraph, you need to inform us as soon as possible in writing.
Since we commit with our suppliers from the time we confirm your booking, the following cancellation fees will apply:

More than 60 days before departure: 25% (loss of deposit)
between 59 to 40 days before departure: 50%
between 39 to 20 days before departure: 90%
less than 20 days before departure: 100%

The amount of days for applying change fees is calculated starting from one day after the date when the communication is received by the organizer and excluding day of departure.

The charges above apply to your holiday package price excluding any insurance premiums, amendment charges or charges for goods sold and dispatched.
The above mentioned cancellation fees may be higher in case your travel arrangements includes non-refundable services.

From refunded amounts will be deducted a 35 € handling fee per booking as well as bank transfer, credit card or Paypal fees.
After cancellation you will receive a cancellation invoice with details of applied charges.

Please note that if one or more members of your party cancel, but the others still wish to travel, it may be necessary to re-calculate the cost per person up to the actual number of travellers since accommodation and/or other services included in the package will be used as under-occupied.
In this case, it might be applied a supplement per person to be paid to secure the booked services.

If the holiday package is terminated by one of more travellers before the end date for personal reasons, no refund is due.

In accordance with Italian law, a traveller who cancels his/her package can be substituted by another person under following conditions:

· the organizer is informed in writing at least 4 working days before departure; the communication has to include the reasons of substitution request and personal data of the new participant
· the new participant has the needed conditions to take part in the travel package such as personal documents, visa (if needed), health certificates and physical capability to join the services booked
· the services included in the travel package can be provided following the substitution
· the new participant will refund the organizer all expenses related to procedure of substitution which will be communicated upon receiving substitution notice

The participant originally booked and the person who will actually travel are commonly responsible for payment of all charges arisen from substitution procedure.

Please note that some suppliers providing the services included in the package may not offer the “substitution option”, in this case the organizer will promptly inform clients about the amount needed to apply the substitution.

Force Majeure
If a change or cancellation occurs because of circumstances beyond our control, such as war, threat of war, riots, civil disturbances, actual or threatened terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, health risks, adverse weather conditions, hurricanes, floods, unavoidable technical problems with transport system, epidemic or pandemic illness and all similar situations, the organizer will have no liability towards travellers. No compensation, payments, expenses or any other sums, including the costs of securing alternative accommodation will be paid by the organizer.



6. BOOKING CHANGE REQUESTED BY TRAVELLERS

For all changes to a confirmed booking requested by travellers (i.e. name changes, dates of travel, accommodation, excursions etc.) a charge will be applied.
The amount of the charge will be calculated considering both the nature of the change and the time before the date of travel; the fee for changing a booking is applied in addition to any alteration or cancellation fees applied by suppliers and/or related to certain travel arrangements (i.e. non-refundable services).

Any changes made less than 30 days before departure may be treated as cancellations and re-bookings.
The “party leader” name on a booking cannot be changed under any circumstances and this would also be considered as a cancellation and re-booking.

The amount of days for applying change fees is calculated starting from one day after the date when the communication is received by the organizer and excluding day of departure.



7. MODIFICATIONS AFTER DEPARTURE CARRIED OUT BY ORGANIZER

If after departure the tour organizer cannot supply one or more confirmed services for any reason (except for acts and/or behaviours of travellers), alternative solutions must be made available without any supplement.
In case no other solutions are available, or alternative proposed by organizer is not accepted by travellers for motivated reasons, the organizer will refund travellers with the amount of service in question.
If the provided service has a proven lower value than the service originally booked, the organizer will refund travellers with the difference between value of services in question.



8. YOUR RESPOSIBILITY

Travellers are responsible to ensure they have a valid travel document as well as visa (if required). For full information about travel documents and visa requirements, please contact immigration/custom authorities in your Country.

You undertake to have good care of your accommodation and its contents, to leave it in a clean and complete condition, to respect local law, on-site regulations as well as your hosts and to limit party numbers to those on your confirmation; furthermore you commit to send us payments as invoiced within due dates, to indemnify us and our suppliers against any loss or damage arising directly or indirectly from any act, default or omission of your party, and not to exceed the published occupation capacity of the accommodation.
Should anyone be refused admission to the destination country by local authority then we are powerless to assist and cannot be held responsible. Any traveller considered being unacceptably under the influence of alcohol or drugs may be denied entry into the country. In these circumstances we shall consider the customer as having given notice of cancellation and be under no liability for any costs or charges incurred as a result of our doing so.

The luggage travels under travellers’ care, consequently the organizer will not have any responsibility in case stealing, loss and/or damages.

Services not included in the package
If you book before departure and/or on the spot from our suppliers and/or from any other subject and agree to pay locally any good and/or services not included in our package, the organizer does not undertake any responsibility. Consequently, any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us.



9. OUR RESPONSIBILITY

If there are clear evidences that the contract we have with you is not properly performed by us or our suppliers and if this has affected the enjoyment of your travel arrangements, we will consider to give you an appropriate compensation.
However, 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 and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable 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 foresee or forestall.

We do not accept liability for happenings or actions outside our control, i.e. delays to travel services not included in the package, the temporary invasion of pests, the presence of indigenous animals or insects, government action, industrial disputes, damage or inconvenience resulting from the weather (e.g. drought conditions) or from acts of God, or your party’s negligence resulting in loss or accident.

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable 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 foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

We reserve the right to increase or reduce prices, so the current price of your holiday will be advised to you at the time of booking. Whilst every effort is made to provide reliable information and display correct prices on our website, unfortunately errors do occasionally occur. In case an incorrect price has been entered in error, any booking made with this price will not be valid.
You will be advised of the mistake at the earliest opportunity and of course you will have the option either to pay the correct price for the booked package or to cancel and receive a full refund of any amount you have already paid.

Non-stop assistance
Together with the assistance provided by our local suppliers and representatives, the organizer’s staff can be easily reached using an emergency phone number active 24 hours; details are attached to travel documents.

Complaints
In case you have reasons for complaint during your holiday, you must refer it immediately to our local supplier or to us in order to immediately take needed steps to minimise the consequences of the problem. If you fail to follow this simple procedure we do not have the opportunity to check the issue during your holiday and this may affect your rights under this contract.
If a problem cannot be resolved locally or through our telephone assistance, you should send us in written all the details, with any supporting evidence, within 10 working days from the end of our package.

In the unlikely event that a complaint cannot be settled amicably, subscribers you may agree to make a further attempt applying for an independent arbitration at Sassari Chamber of Commerce.

For any dispute related to this contract, subscribers agree to that the Civil Court of Sassari is to be acknowledged as the sole competent authority.



10. INSURANCE

Your package includes medical insurance issued by Europ Assistance, covering the period between the start of first service and the end of last service included in your package.
Full details of our insurance are available here:
Gaveena’s travel insurance
In addition to our insurance, we warmly suggest you to consider purchasing a travel insurance covering your journey from/to holiday destination and cancellation penalties.



11. PRIVACY POLICY

The organizer will not share with any third parties your personal data (such as your name, contact details, travel preferences and any special needs/disabilities or dietary requirements) and it will use them for the operational needs related to purchased package.
We may also use your email or postal address to send you information and brochures related to our activity; should you not want to receive these, please inform us upon booking.



12. WEBSITE TERMS OF USE

By accessing and using the website www.gaveena.com you accept our terms and conditions, without any exceptions. All information published on the website are purely informative and do not represent a contract related to described services.
A written travel contract with detailed service list and related conditions conditions will be sent by the organizer following a booking or quotation request.
The website contains links to other Internet resources for purely informative purposes and does not imply recognition or approval of any of them or their contents by the organizer. Unless otherwise stated, the links to other resources available on Internet do not imply any binding association or affiliation between the organizer and third parties running the related websites.

Users of www.gaveena.com commit to use the site, its tools and services exclusively for legal purposes, as determined by Italian law and in the General Terms and Conditions.

Images and videos published on www.gaveena.com are understood to show a feature, the region, or the country, and not to have any specific connection with any accommodation or activity shown on the same or other pages. Hotel, farm holiday and b&b rooms and common areas shown in the images are meant to provide a general overview about the feature of accommodation and are not necessarily the hotel’s standard rooms.

We have taken all care to ensure the information shown on this website is accurate. Information related to special events and local happenings, as well as any other information subject to change without notice is given in good faith; therefore we ask you to check the details independently in case these information are relevant to you.

Italian Law n. 269/98 Communication
Italian law punishes anyone who commits a crime concerning children prostitution and pornography, even in case the crime is committed abroad.