Terms and conditions

TERMS AND CONDITIONS

1. Scope

The following General Travel Terms and Conditions are an integral part of every package travel contract (hereinafter also referred to as the travel contract) concluded between the travel participants and the tour operator Heli Guides srl based in Courmayeur, ITALY (hereinafter also referred to as Heli Guides / Organizer). Subject to deviating written agreements, the reciprocal rights and obligations of the contracting parties are governed by these Terms and Conditions. The terms and conditions expressly do not apply to the following services: (1) all “flight-only bookings” mediated and booked by Heli Guides are subject to the travel terms and conditions of the respective travel agencies or airlines.

 

2. Regulatory sources

The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed by Articles. 32-51 novies of Legisla ive Decree no. 79 of May 23, 2011 (so-called “Tourism Code”, later CdT), as currently amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302, as well as by the provisions of the Code Civil in terms of transport, service contract and mandate, as applicable, and the Navigation Code (RD No. 327 of 30.03.1942). The Italian jurisdiction shall have exclusive jurisdiction over any legal dispute which might arise concerning to the interpretation, application, and enforcement of the contracts, governed by these general conditions.

 

3. Administrative rules

The organizer and the agency selling the tourist package, to which the traveler applies, must be authorized to carry out their respective activities according to the legislation in force. Before the conclusion of the contract, the Organizer and the seller make known to third parties the details of the insurance policy for the coverage of risks deriving from civil liability professional, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the seller, each for its own responsibility, for the purpose of return of the sums paid or the return of the traveler to the place of departure.

 

4. Definitions (Article 33 CdT)

For the purposes of this contract, we intend to:
a) Traveler: anyone intending to conclude or conclude a contract or is authorized to travel on the basis of an organized tourism contract;
b) Professional: any natural or legal public or private person who, in the context of his commercial, industrial, craft or professional activity, acts in tourism contracts organized, also through another person acting in his name or on his behalf, as an organizer, seller, professional facilitating related travel services or service provider tourism, in accordance with current legislation;
c) Organizer: the professional who combines packages and sells them or offers them for sale directly or through or together with another professional;
d) Seller: the professional other than the Organizer who sells or sells packages combined by an organizer.

 

5. Concept of tourist package (Article 33, paragraph 1, No. 4, letter c) CdT)

A tourist package means the “combination of at least two different types of tourist services for the purpose of the same trip or holiday, if at least one of the following conditions occur:
1) that such services are combined by a single professional, even at the request of the traveler or in accordance with his selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual tourist service providers, are:
2.1) purchased at a single point of sale and selected before the traveler consents to payment;
2.2) offered, sold, or billed at a flat or global price;
2.3) advertised or sold under the designation “package” or similar name;
2.4) combined after the conclusion of a contract with which the trader allows the traveler to choose between a selection of different types of tourist services, or purchased at the distinguished professionals through connected online booking processes where the name of the traveler, the details of the payment and the e-mail address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or the latter professionals is concluded no later than 24 hours after the confirmation of the reservation of the first tourist service.

 

6. Pre-contractual information to the traveler (Article 34 CdT)

Before the conclusion of the tourist package contract or a corresponding offer, the organizer and, in the event that the package is sold through a seller, the latter, provide the traveler with the relevant standard information form in Annex A, Part I or Part II of the CdT, as well as the following information:
a) the main characteristics of tourist services, such as:

  1. the destination or destinations of the trip, the itinerary, and the periods of stay with relative dates and, if the accommodation is included, the number of nights included;
  2. means, characteristics and categories of transport, places, dates and times of departure and return, duration and location of intermediate stops and connections; in case the exact time is not yet established, the organizer and, where appropriate, the seller, inform the traveler of the approximate time of departure and return;
  3. the location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
  4. meals provided;
  5. visits, excursions, or other services included in the total agreed price of the package;
  6. tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group;
  7. the language in which the services are provided;
  8. if the trip or the holiday is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or holiday taking into account of the traveler’s needs;

b) the commercial name and the geographical address of the organizer and, where present, of the seller, their telephone numbers and e-mail addresses;
c) the total price of the package including taxes and all fees, taxes, and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs that the traveler might still have to bear;
d) the method of payment, including any amount or percentage of the price to be paid as a down payment and the calendar for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
e) the minimum number of people required for the package and the deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for the eventual termination of the contract in case of failure to reach the number;
f) general information concerning the conditions on passport and visa, including approximate times for obtaining visas and the health formalities of the country of
destination;
g) information on the option for the traveler to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal expenses, or, if any, of the standard withdrawal costs requested by the organizer pursuant to article 41, paragraph 1 of the CdT;
h) information on the optional or compulsory subscription of an insurance covering the costs of unilateral termination of the contract by the traveler or the costs of assistance; including the return, in case of accident, illness or death;
i) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 CdT.
For tourism package contracts referred to in Article 33, paragraph 1, letter d), stipulated by telephone, the organizer or professional shall provide the traveler with the standard information referred to in Annex A, Part II, to this decree, and the information referred to in paragraph 1.

 

7. Conclusion of the tourist package contract (article 36 CdT)

With your application that can be made in writing, by mail using a registration card or form, by fax or by e-mail via the registration form on our website (www.heli-guides.com), the travel participant makes Heli Guides the binding conclusion of a travel contract. The basis of the offer to the travel participant are exclusively the travel information provided by Heli Guides and any brochure issued by Heli Guides. In case of registration for several travel participants and providing that the applicant expressly and precisely states it, the applicant shall be liable together with these participants for their contractual obligations as well as for his/her own. The contract is concluded upon receipt of acceptance by Heli Guides. The travel participant receives a copy or confirmation of the contract on a durable data carrier with – or immediately after – conclusion of the contract. Heli Guides sends the travel participant the necessary travel documents timely before the start of the trip. If the contract has been concluded with the simultaneous physical presence of the contracting parties or outside business premises, the travel participant is entitled to a travel confirmation in paper form. The indications relating to the tourist package not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer, in regular fulfillment of the obligations provided for by art. 36, paragraph 8, CdT., Before the start of the trip.

 

8. Terms of payment

Upon conclusion of the contract (i.e., Heli Guides accepts the customer registration and confirms it by means of a booking confirmation and invoice – subject to price adjustments), a deposit of 25% of the advertised travel price per participant shall be paid to Heli Guides. The remaining payment is due no later than 28 days before the start of the trip. Air tickets are due and to be paid immediately. In the event of non-payment, Heli Guides is not obliged to hand over the travel documents, can withdraw from the travel contract and claim a compensation for non-fulfillment from the travel participant. Failure to pay the sums referred to above, on the agreed dates, as well as the non-return to the Tour Operator of the sums paid by the Traveler to the Seller, and any warranty actions pursuant to art. 47 CdT against the latter, constitutes an express termination clause pursuant to art. 1456 cod. civ. such as to determine the termination of the right by operate with simple written communication, by fax or by e-mail, at the seller’s agency, or at the electronic address, where communicated, of the traveler. The balance of the price is considered to have taken place when the sums reach the organizer directly from the traveler or through the intermediary Travel Agency from the same chosen traveler.

 

9. Price and Service

(1) The price of the tourist package is determined in the contract. The presentation of Heli Guides services on our websites and in print media corresponds to the state known to us at the time of publishing respectively printing and does not constitute a binding offer from our side. Heli Guides reserves the right to make changes to offers, prices and dates. The advertised prices are per person and include the services specified in the programs.
(2) We reserve the right to increase the agreed travel price after conclusion of the contract in the event of a subsequent increase in the price for the carriage of persons due to higher costs for fuel or other energy sources, the increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or a change in the exchange rates applicable to the package tour in question. If the agreed price must be changed for the above reasons, the travel participant will be informed on a durable data carrier immediately after becoming aware of the reason for the change and no later than 20 days before the start of the trip. If the price increase exceeds 8 percent of the travel price, the travel participant has the right to accept the offer with the increased price within 7 days of receipt of the notification or to withdraw from the contract free of charge or to demand participation in a replacement trip if Heli Guides offered such a trip. In the event of withdrawal, payments already made will be refunded immediately, in any case within 14 days of withdrawal. If the price increase referred to in this article exceeds 8 percent of the total price of the package, article 40, paragraphs 2, 3, 4 and 5 CdT applies.
(3) The travel participant may demand a reduction in the travel price if and to the extent that the prices, taxes, or exchange rates mentioned in paragraph 2 have changed after conclusion of the contract and before the start of the trip and this leads to lower prices for Heli Guides. In this case, any additional amount is to be refunded to the travel participant, deducted of any incurred administrative fees.
(4) Our flight licenses for heliski operations in various areas of the Alps are subject to official approval at intervals of several years. In the event that we are barred from flying in an area at the time of travel, we reserve the right to provide comparable heliski services in neighboring flight areas at equal terms. In this case, Heli Guides will inform the travel participant on a durable data carrier immediately after becoming aware of the reason for the change before the start of the trip and the travel participant has the right to accept the offer to change the travel contract within 7 days of receipt of the notification or to withdraw from the contract free of charge or to demand participation in a replacement trip if Heli Guides has offered such a trip. In the event of withdrawal, payments already made will be refunded immediately, in any case within 14 days of withdrawal.
(5) After the expiry of the period provided for in paragraphs 2 and 4 of this provision, the offer to increase the price or other modification of the contract shall be deemed as accepted.
(6) If the travel participant accepts the offer to change the travel contract or to participate in a replacement trip and the package tour is not of an equivalent quality compared to the originally owed one, the travel price is reduced of the duration of the travel deduction. In the event of a reduction, the travel price shall be reduced in the ratio in which the value of the package would have stood in defect-free condition to the actual value at the time of conclusion of the contract. The reduction shall, where necessary, be determined by estimation. May the travel be of equivalent quality, but associated with lower costs for Heli Guides, the difference must be refunded to the travel participant.
(7) In the interest of the travel participant, the tour operator reserves the right to change the programs or individual agreed services if unforeseen circumstances and / or the situation in the country of travel require this and insofar these circumstances are not significant and do not impair the overall character of the booked trip. In the event of program changes prior begin of the trip, the travel participant will be informed about the change immediately. In the event of a significant change to one of the essential characteristics of the travel services, paragraphs 4 to 6 shall apply accordingly.

 

10. Amendment or cancellation of the tourist package before departure (Article 40 CdT)

1. Before the start of the package, the organizer cannot unilaterally modify the conditions of the contract other than the price in accordance with Article 39, unless this right has been reserved in the contract and the change is of little importance. The organizer communicates the change to the traveler in a clear and precise manner on a durable medium.
2. If, before the start of the package, the organizer is forced to change significantly one or more main features of the tourist services referred to in Article 34, paragraph 1, letter a), or cannot meet the specific requests referred to in Article 36 (5) (a), or proposes to increase the package price by more than 8 per cent pursuant to Article 39, paragraph 3, the traveler, within a reasonable period specified by the organizer, can accept the proposed modification or withdraw from the contract without corresponding withdrawal expenses. In In case of withdrawal, the organizer can offer the traveler a replacement package signed by of equivalent or superior quality.
3. The organizer shall inform the traveler in a clear and precise manner on a durable medium without undue delay:
a) of the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 4;
b) a reasonable period within which the traveler is required to inform the organizer of his decision pursuant to paragraph 2;
c) the consequences of the traveler’s failure to reply within the period referred to in letter b) and of any replacement package offered and the relative price.
4. If the changes to the tourist package contract or the replacement package referred to in paragraph 2 involve a package of quality or lower cost, the traveler is entitled to an adequate price reduction.
5. In case of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer will refund without undue delay and in any case within fourteen days from the termination of the contract, all payments made by or on behalf of the traveler and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 apply. CDT.

 

11. Travel cancellation or changes

1. The travel participant may withdraw at any time prior to the start of the tours, course, guided tour, or travel. In the event of withdrawal, Heli Guides may invoice a percentage compensation (listed below) based on the total price in place of the actual cancellation compensation. If Heli Guides is partially or completely exempted from third party claims (e.g., hotels, international agency costs, ski passes, airline tickets or the like), then this amount will be deducted from the travel price on which the compensation for Heli Guides is calculated.
2. In case of customer withdrawal up to 120 days before the start of the event, 10% of the advertised price will be charged as a cancellation and handling fee. In the event of a later withdrawal, the following compensations will be due: 30% of the travel price up to 60 days before departure; 50% of the travel price up to 45 days before departure; 75% of the travel price up to 15 days before departure; 90% of the travel price from the 14th day before departure.
The effective date is the date of receipt of the written cancellation. The travel participant is expressly permitted to prove that damage or a reduction in value has not occurred at all or is significantly lower than the package travel value.
3. In case of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and having a substantial impact on the implementation of the package or on the carriage of passengers to the destination, the traveler has the right to withdraw from the contract, before the start of the package, without corresponding withdrawal costs, and to the reimbursement full payment for the package but is not entitled to additional compensation.
4. The organizer may withdraw from the tourist package contract and offer the traveler full refund of the payments made for the package, but is not required to pay an additional compensation if:
a) the number of persons registered in the package is lower than the minimum specified in the contract and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and in any case no later than twenty days before the start of the package in the case of journeys lasting more than six days, seven days before the start of the package for journeys lasting between two and six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;
b) the organizer is not able to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the traveler without unjustified delay before of the start of the package.
5. The organizer proceeds to all reimbursements required pursuant to paragraphs 3 and 4 or, with regard to the provisions of paragraphs 1 and 3, reimburse any payment made by or for the traveler’s account for the package after deducting the appropriate expenses, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 3 and 4, this determines the termination of functionally related contracts stipulated with third parties.
6. If the travel destination is affected by a pandemic (e.g., COVID-19) at the time of departure and governments in the country of departure or destination impose a travel ban or restrictions, not allowing entry into the country of destination, both parties may initiate a cancellation with a full refund of the travel price. If no deadlines for the above-mentioned travel restrictions are known, cancellation is possible earliest 14 days before the start of the trip.
7. If a travel participant, after travel begin, ends the trip earlier, no refund will be made for non-used services. The additional flight and travel costs shall be carried by the other travelers or participants.

 

12. Replacements and sale of the tourist package to another traveler (Article 38 CdT)

1. The traveler, upon notice to the organizer on a durable medium no later than seven days before the start of the package, may transfer the tourist package contract to a person who meets all the conditions for using the service.
2. The transferor and the assignee of the package travel contract are jointly responsible for the payment of the balance of the price and of any rights, taxes, and other additional costs, including any administrative and management costs of the practices resulting from this sale.
3. The organizer shall inform the transferor of the actual costs of the assignment, which cannot be unreasonable, and which do not exceed the expenses actually incurred by the organizer in consequence of the transfer of the tourist package contract, and provides the assignor with proof of the rights, taxes or other additional costs resulting from the sale of the contract.
4. In any case, the Traveler requesting the variation of an element relating to a previously confirmed practice, provided that the request does not constitute a contract novation and always that implementation is possible, the tour operator will pay, in addition to the costs resulting from the modification, a fixed flat-rate cost.

 

13. Failure of the flight operation & refunds

Should the flight operation fail due to reasons such as wind, bad weather, avalanche danger or technical problems and therefore, the guaranteed flight services can’t be delivered, the travel participant is entitled to a refund of the unused flight services equal to the value of the applicable conditions. The conditions for the amount of the refund (per flight, unused altitude meter or flight hours) can be found in the travel description of your booking. There is no refund due to illness, accident, lack of fitness, insufficient skiing skills, late arrival and breaks during the ski day. Unless Heli Guides receive a communication otherwise, we will issue the customer a voucher for the amount of the credit, which the customer can use in subsequent years. At the explicit request and after notification of the customer’s bank details, the credit is alternatively refunded. Further refunds are excluded. Booked mountain guide services are detached from the flight services and non-refundable.

 

14. Passport, Visa, Vaccinations, Custom

(1) Heli Guides will inform the participant about the general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas, as well as about health formalities.
(2) Each participant is solely responsible for full compliance with the required passport, visa, customs, foreign exchange, and health regulations. Heli Guides can procure visa against a charge. In order for the travel documents to be properly issued, the traveler must provide personal data in accordance with the information in his/her passport at the time of booking. If provided customer data do not match those in the passport, this may in a worst case in a country refusal of entry and forced repatriation, the costs of which are to be carried by the traveler. If travel documents must be reissued because the information in the application does not correspond to the passport data, the additional costs shall be carried by the person making the booking. All disadvantages resulting from non-compliance with these regulations shall also be at the expense of the relevant participant.

 

15. Obligations of travelers

1. During the negotiations and in any case before the conclusion of the contract, the Traveler shall be provided with general information in writing concerning passports and visas and health formalities necessary for expatriation.
2. For the rules regarding the expatriation of minors, please refer to what is indicated on the site of the State Police. It is however specified that minors must be in possession of a personal document valid for expatriation or passport, or for EU countries, also valid identity card for expatriation. Regarding the expatriation of children under 14 and the expatriation of minors for which the Authorization issued by the Judicial Authorities is necessary, the prescriptions indicated on the website of the Police of http://www.poliziadistato.it/articolo/191/.
3. Travelers will still need to retrieve the corresponding information through their diplomatic representations and / or their official government information channels. In any case travelers will, before departure, to check the update with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through the site www.viaggiaresicuri.it or the Telephone Operational Center at (+39) 06.491115), adjusting before the trip. In the absence of such verification, no responsibility for the failure departure of one or more travelers may be imputed to the selling agency or organizer.
4. In any case, travelers must inform the seller and the organizer of their citizenship at the time of booking request for the tourist package or tourist service, and at the time of departure they must definitely check that they have the vaccination certificates, the individual passport and any other document valid for all the countries affected from the itinerary, as well as residence visas, transit visas and health certificates that may be required.
5. In addition, in order to evaluate the situation of socio-political security, health and any other useful information concerning the destination countries and, therefore, the objective usability of the services purchased or purchased, the traveler will have the burden of taking on the official general information at the Ministry of Foreign Affairs and disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it.
The information above is not contained in the TO – online or paper catalogs – since they contain general descriptive information as indicated in the information booklet and not temporally changing information.
The same, therefore, must be assumed by the Travelers. Travelers will also have to stick to it compliance with the rules of normal care and diligence and with the specific rules in force in the destination countries of the trip, to all the information provided to them by the organizer, as well as to the regulations and administrative or legislative provisions relating to the tourism package. Travelers will be called to answer for all damages that the organizer and / or seller they must also suffer due to the failure to comply with the obligations indicated above, including the expenses necessary for their repatriation.
6. The organizer or seller who has indemnified or reduced the price, paid compensation for damages or was forced to comply with other obligations prescribed by the law, has the right of recourse against those who have contributed to the occurrence of the circumstances or the event from which the indemnity, the reduction of the price, compensation for the damage or the other obligations in question, as well as those required to provide assistance and accommodation services under other provisions, in the event that the traveler cannot return to the place of departure. The organizer or seller who has compensated the traveler is subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards the third parties responsible; the traveler provides the organizer or seller with all the documents, information and elements in its possession useful for the exercise of the right to subrogation (Article 51d CdT).

 

16. Regime of responsibility of the organizer (Article 42 CdT)

1. The Organizer is responsible for the execution of the tourist services provided for in the tourist package contract, regardless of whether these tourist services are to be provided by the organizer himself, by his auxiliaries or persons in charge when they act in the exercise of their functions, by the third parties whose work he uses or by other providers of tourist services, in accordance with Article 1228 of the Civil Code.
2. The traveler, in accordance with articles 1175 and 1375 of the civil code, informs the Organizer, directly or through the seller, promptly, considering the circumstances of the case, any conformity defects detected during the execution of a tourist service provided for by the tourist package contract.
3. If one of the tourist services is not performed according to what is agreed in the tourist package contract, the Organizer remedies the lack of conformity, unless this proves impossible or it is excessively burdensome, considering the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organizer does not remedy the defect, the Article 43 applies.
4. Without prejudice to the exceptions referred to in paragraph 3, if the Organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the dispute made pursuant to paragraph 2, the traveler can personally remedy the defect and request reimbursement of the necessary, reasonable expenses and documented; if the Organizer refuses to remedy the lack of conformity or if it is necessary to deal with it immediately, the traveler does not need to specify a deadline.
5. If a lack of conformity, pursuant to Article 1455 of the Civil Code, constitutes a non-compliance of the tourist services included in a package and the Organizer is not negligible has not remedied you within a reasonable period established by the traveler in relation to the duration and characteristics of the package, with the objection made pursuant to paragraph 2, the traveler may, without charge, terminate the tourist package contract by right and with immediate effect or, where appropriate, request a price reduction, in accordance with Article however any compensation for damages. In the event of termination of the contract, if the package included the transport of passengers, the Organizer also provides for the return of the traveler with an equivalent transport without undue delay and without additional costs for the traveler.
6. Where it is impossible to ensure the return of the traveler, the Organizer shall bear the costs of the necessary accommodation, where possible of a category equivalent to what was stipulated in the contract, for a period of not more than three nights per traveler or for the longest period as may be required by European Union legislation on passenger rights, applicable to relevant means of transport.
7. The limitation of costs referred to in paragraph 6 shall not apply to persons with reduced mobility, as defined in Article 2, paragraph 1, letter a) of Regulation (EC) no. 1107/2006, and to their accompanying persons, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that the Organizer has received notification their particular needs at least forty-eight hours before the start of the package. The Organizer cannot invoke unavoidable and extraordinary circumstances to limit the liability of which in this paragraph where the transport service provider cannot rely on the same circumstances under the applicable European Union legislation.
8. If due to circumstances that are not attributable to the Organizer it is impossible to provide, in the course of execution, a substantial part, by value or quality, of the combination of services tourist packages agreed in the tourism package contract, the Organizer offers, without additional cost to be borne by the traveler, suitable alternative quality solutions, where possible equivalent or higher than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler to the place of departure it is not supplied as agreed. If the proposed alternative solutions result in a lower quality package than the one specified in the package travel contract, the Organizer grants the traveler an appropriate price reduction.
9. The traveler may reject the proposed alternative solutions only if they are not comparable to what was agreed in the tourist package contract or if the reduction in the price granted is inadequate.
10. If it is impossible to provide alternative solutions or the traveler rejects the proposed alternative solutions, in compliance with the provisions of paragraph 8, the traveler is recognized a price reduction. In the event of non-fulfillment of the obligation to tender referred to in paragraph 8, paragraph 5 shall apply.
11. Where, due to circumstances that are not attributable to the Organizer, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, paragraphs 6 and 7 apply.

 

17. Regulatory responsibility of the seller (Articles 50 – 51 quater CdT)

1. The Seller is responsible for the execution of the mandate given by the traveler with the travel brokerage contract, regardless of whether the service is rendered by the travel agent seller himself, by his auxiliaries or persons in charge when they act in the exercise of their functions or by third parties whose work he / she makes use of, due to the fulfillment of the obligations assumed to be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
2. The Seller is not responsible for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
3. The right of the traveler to compensation for damages related to the responsibility of the Seller is prescribed in two years from the date of the return of the traveler to the place of departure.

 

18. Limits of compensation (Article 43, paragraph 5)

The tourist package contract may provide for the limitation of compensation payable by the organizer, except for personal injury or those caused intentionally or by fault, provided that this is limited to three times the total price of the package.
The right to compensation for damages to a person is prescribed in three years from the date of the traveler’s return to the place of departure or in the longer period provided for compensation of damage to the person by the provisions regulating the services included in the package.

 

19. Possibility to contact the organizer through the seller (Article 44 CdT)

1. The Traveler can direct messages, requests or complaints related to the execution of the package directly to the Seller through whom he purchased it, which, in turn, forwards timely such messages, requests or complaints to the Organizer.
2. For the purposes of compliance with the terms or periods of prescription, the date on which the seller receives messages, requests or complaints referred to in paragraph 1 is considered the date of receipt also for the Organizer.

 

20. Obligation of assistance (Article 45 CdT)

1. The organizer shall provide adequate assistance without delay to the traveler who is in difficulty even under the circumstances referred to in Article 42, paragraph 7 CdT, in particular by providing appropriate information on health services, local authorities and consular assistance and assisting the traveler in making distance communications and helping him/her find alternative tourist services.
2. The organizer may demand payment of a reasonable cost for such assistance if the problem is intentionally caused by the traveler or by his own fault, within the limits of the expenses actually incurred.

 

21. Participation, Liability, Insurance

(1) The heliski, freeride, ski touring and international trips offered by Heli Guides can be attended by anyone who is healthy, able to meet the requirements described in our travel descriptions, as well as equipped accordingly. Travelling to foreign countries requires participants to adapt to foreign customs and traditions. The tour guide or representative of Heli Guides is entitled to exclude at the beginning or during the trip from the event or tour program, in whole or in part, a participant who clearly does not meet these requirements. Any additional costs incurred as a result shall be borne by the participant and the travel price paid cannot be refunded. Any expenses saved by Heli Guides will be reimbursed to the travel participant.
(2) Heli Guides expressly points out that freeriding or skiing away from secured and marked slopes bares a higher risk. All activities not included in the travel package are undertaken by the participant at his own risk and without liability to Heli Guides.
(3) Heli Guides cannot guarantee that the event will be exactly as the advertised program, as this depends primarily on weather, snow, avalanche conditions and personal skills and performance. It is reserved to the person guiding the tour to modify the planned event according to the level of the participants, according to their technical and conditional conditions or due to unforeseeable circumstances.
(4) Our programs are not issued or performed on behalf of an air carrier and carry no obligation by any mean in regard to the organization of the travel. The liability of the airline is regulated by the relevant laws and conditions.
(5) The travel participant may claim for damages in the event of a travel deficit without prejudice to the reduction or termination, unless the travel defect is the fault of the travel participant or is the fault of a third party who is neither a service provider nor is otherwise involved in the provision of the travel services covered by the package travel contract and was unforeseeable or unavoidable by Heli Guides or was caused by unavoidable, extraordinary circumstances.
(6) May international conventions or statutory provisions based on such conventions apply, according to which a claim for damages against the service provider arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, Heli Guides can invoke this against the travel participant.
(7) The travel price does not include any insurance. It is expressly the responsibility of the travel participant to insure himself/herself from all arising risks and to verify that the coverage is guaranteed worldwide. The conclusion of a travel cancellation insurance, an international travel health insurance, an emergency and travel accident insurance are strongly recommended.
(8) Despite the best possible travel planning, the return journey may be delayed for reasons that are unpredictable to Heli Guides or due to unpreventable events. Therefore, on the day of return and for travel to other continents, also for the following day, the customer should not commit to obligations which may have serious consequences in case of failure to comply.

 

22. Protection of the Traveler (Article 47 CdT)

1. The organizer and the seller established on the national territory are covered by civil liability insurance contract in favor of the traveler for damages deriving from the violation of the respective obligations assumed with the respective contracts.
2. The tourist package organization contracts are assisted by insurance policies or bank guarantees or issued by the Funds referred to in paragraph 3 of art. 47 of the CdT, which, for travel abroad and trips that take place within a single country, including travel in Italy, in cases of insolvency or bankruptcy of the organizer or seller guarantee, without delay at the request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler in the event that the package includes the transportation of the traveler, as well as, if necessary, the payment of food and accommodation before returning. The guarantee is effective, appropriate to the volume of business and covers reasonably foreseeable costs, the amounts of payments made by or on behalf of travelers in relation to packages, taking into account the duration of the period between the payments on account and the final balance and completion of the packages, as well as the estimated cost of repatriation in the event of insolvency or bankruptcy of the organizer or seller.
3. Travelers shall benefit from protection in the event of insolvency or bankruptcy of the organizer or seller irrespective of their place of residence, place of departure or place of sale of the package and irrespective of the Member State in which the entity appointed to provide protection in the event of insolvency or bankruptcy is established.
4. In the cases provided for in paragraph 2, as an alternative to reimbursement of the price or immediate return, the continuation of the package can be offered to the traveler in the manner specified in the articles 40 and 42 CdT.

 

23. Operational changes

In view of the large advance with which the catalogs are published that show information on how to use the services, it is noted that the schedules and flight routes indicated in the acceptance of the proposal for the sale of the services may be subject to change as they are subject to subsequent validation. To this end, the traveler must request confirmation of the services to the Travel Agency before departure. The Organizer will inform the passengers about the identity of the actual carrier in the times and in the manner provided for in Article 11 of the EC Reg 2111/2005.

 

24. Information pursuant to art. 13 of Legislative Decree 196/2003 and of art. 13 of Regulation (EU) 2016/679

Pursuant to art. 13 of Legislative Decree 196/2003 (“Privacy Code”) and art. 13 of Regulation (EU) 2016/679, laying down provisions for the protection of persons and other subjects regarding the treatment of personal data, we wish to inform you that the personal data you provide will be processed in compliance with the aforementioned law and the confidentiality obligations to which held by the undersigned company.

 

25. Vouchers

Gift vouchers issued by Heli Guides can be redeemed against all services offered by Heli Guides, unless they have been issued for a specific service. A cash payback, even partially, is not possible. The vouchers are valid five years from the date of issue. The value of the vouchers does not bear any interest. Personal gift vouchers cannot be transferred to another person without the written consent of Heli Guides. Gift vouchers are usually sent within two business days from payment receipt. Heli Guides reserves the right to modify the gift vouchers regulation at any time. The General Travel Terms and Conditions apply both to the purchase of a voucher as to the redemption of a voucher.

 

26. Information on the identity of air carrier

(1) Heli Guides informs the customer about the identity of the operating air carrier(s) before or at the latest at the time of booking with regard to all air transport services provided within the framework of the booked trip.
(2) May the operating air carriers(s) have not yet been determined at the time of booking; Heli Guides is obliged to inform the travel participant about the carrier(s) that are likely to operate the flights. Heli Guides will inform the travel participant as soon as Heli Guides knows which air carrier is operating the flights.
(3) May the air carrier named to the travel participant as the operating air carrier change, Heli Guides will inform the travel participant immediately and as quickly as possible with appropriate means about the change.

 

27. Final provisions

(1) Repair costs for rented equipment which was damaged by the participant over normal wear and tear, are to be carried by the participant. Lost material must be replaced by the participant. When our ABS backpacks are to be used, the following applies: accidental triggers will be charged to the participant. Heli Guides cannot be held liable for accidents occurred to the participant while using our rental equipment (skis, bindings, etc.).
(2) Tour operator is Heli Guides srl, Piazzale Funivie Val Veny snc, Frazione Entreves, 11013, Courmayeur (AO), ITALY; Tel.: +41 (0)71 688-7000, E-Mail: info@heli-guides.com. We organize all travels conscientiously and accurately. However, we cannot give any guarantee for a summit success or other subjective envisioned travel success.
(3) As required by law Heli Guides is covered by an insolvency insurance. The details of the Insurance company providing the service can be found in the pre-contractual information form.
(4) Heli Guides does not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.
(5) The relationship between the customer/participant and Heli Guides is exclusively governed by ITALIAN law, the court of jurisdiction is Aosta. Mandatory protective law provisions of the country in which the consumer has his habitual residence remain applicable.

 

Date: 25. October 2022