GENERAL TERMS AND CONDITIONS FOR THE BOOKING OF TRAVEL SERVICES AND HOLIDAYS

MottolinoGO (trade name Mottolino s.p.a.) offers its customers the possibility to book their own services and services provided by third parties. The services are related to the location Livigno (Sondrio, Italy) and neighboring areas (Alta Valtellina) and can be booked individually or collectively via the web site www.mottolinogo.com under the following general conditions of contract.

To the general conditions of contract are subject all the future services that MottolinoGO will provide in favor of legal or natural persons 'customer'. Any general terms and conditions of the customer contract notwithstanding the present general conditions are applicable only if expressly approved in writing by MottolinoGO.

The present general conditions are integrated by the special conditions relating to individual services shown in the product information sheet available at the time of booking.

MottolinoGO (trade name Mottolino s.p.a.) provides customers with the services listed below and illustrated in detail in the product information sheet that can be consulted at the time of booking.

Accommodation brokerage (hotel, apartments), sale and brokerage for cableway services (lifts), road transports, Ski Pass and Bike Pass cards, sports equipment rentals (skiing, snowboarding, biking), enrollment in courses and private lessons (ski, snowboard, bike), food & beverage, admittance to arboreal adventure park, admittance to a pump track, photographic service, vehicles rental for outings, self-driven or with a pilot where provided (snowmobiles, quads, helicopter), admittance to drift kart circuit, tickets for events, stables, teaching farm visit, wellness (wellness centers admittance, spa treatments), accompanying alpine guide for excursions (Freeride, mountaineering, snowshoeing and heli-skiing), guided tours on location, Dog Sleds, local merchandise (clothing, Gadgets), travel insurance and any additional service useful to the customer during his stay in the above mentioned places.

MottolinoGO (trade name Mottolino s.p.a.) has the task of confirming orders and reservations of the customer with an order confirmation sent by e-mail. The present general conditions of contract, any special conditions relating to the services described in the product information sheet, a description of the services within the product information sheet and the compensation that the customer must remit to MottolinoGO (payment) constitute the contract.

Only customers who have previously reviewed and accepted unconditionally the present general conditions as part of the process of completing their reservation can enjoy the services offered by MottolinoGO (as defined below).  In the event that a customer does not accept the general terms and conditions, the reservation cannot be completed. The present general conditions are in effect from November 01, 2014.

When customers make a booking they must save and/or print a copy of the present general conditions for future reference.

Article 1. Definitions and purpose

1.1. Definitions

The following definitions have the same meaning in plural and singular form.

'Attractions' means the offers of tickets for events, admissions to attractions (e.g. teaching farm) and guided tours (e.g. Brewery 1816).

'Customer' means a customer that books and/or buys one or more services on the Site.

'General Conditions' are the general conditions specified in this contract to book and use the services of travel and holidays offered through the Site, which may be modified by MottolinoGO from time to time.

'Special Conditions' refers to the conditions applied by third party vendors to adjust the delivery of the 'Service' and the fruition of the same on the part of the 'customer' (how to use the service)

'MottolinoGO' (trade name 'Mottolino s.p.a.') means the Company with registered office in via Bondi 473/a, 23030 Livigno (SO), Italy contactable via email at the address info@mottolinogo.com or by calling the Italian Customer Service at +39 03421856226 (09:00-17:00 Mon-Sun) (for details please refer to article 6 of the present conditions of sale).

'Supplier' refers to any service provider not owned by Mottolino s.p.a.

'Package Tour': pursuant to Article 34 of Legislative Decree May 23, 2011, n. 79 (The so-called "Code of Tourism" ), Tourist packages regard travels, package holidays, tours, sold or offered for sale at a fixed price, resulting from the combination, by anyone and in any manner realized, at least two of the following services:

  • a. transportation;
  • b accommodation;
  • c. tourist services not related to transportation and accommodation (referred to in Article 36 of the Code of Tourism), which constitute, for the satisfaction of the recreational needs of the tourists, significant part of the tourist package;

Tourist Packages are available on the Site and are offered by MottolinoGO (trade name Mottolino s.p.a., with registered and operational headquarters in via Bondi n. 473/A, 23030, Livigno (SO), Italy - Company registered at the Register of Companies of Sondrio to n. REA SO-41452 - Tax Code and registration number 00585220148 - VAT 00835100140 - holder of the authorization of travel and tourism agency n. 0016059 of 09 /06/2014.

'Service' means any service offered on the site (e.g. accommodation, Ski Pass, sports equipment rentals etc.)

'Site' means the website www.mottolinogo.com.

1.2. Scope

These Terms and Conditions apply to the display on the site of the Services (as defined above) by MottolinoGO as well as to the activities performed by MottolinoGO to make available on the site these services to the booking by the customers. The purchase of Services constitutes a contract between the Customer and MottolinoGO.

The present General Conditions are subject to the Special Conditions of the Supplier, made available to the customer at the time of the reservation within the product information sheet that the customer accepts at the time of booking. It is the Customer's responsibility to review the Special Conditions of the supplier to find out how the service is delivered.

The present General Terms and Conditions may be modified by MottolinoGO at any time without notice.

These changes do not apply to reservations that have already been accepted by MottolinoGO on behalf of the individual Provider. It is therefore essential that the customer read, save and/or print a copy of the General Conditions at the time the reservation is made, in order to ascertain the applicable provisions.

Article 2. Booking through the Site

2.1. The obligations of the Customer

The site helps the customer finding travel services and vacation and carrying out the necessary reservations. The Customer must be eighteen years of age or older, have the legal capacity to contract, have the necessary authorization or power to act for or on behalf of any person included in a booking and must use the Site in accordance with these General Conditions and terms of use of the Site.

Customer is responsible for the activities conducted through the Site (from the economic point of view or otherwise) and is also responsible for the consequences arising from possible use its name and access password to the Site. The Customer guarantees the accuracy of personal information entered by him on the site, and when applicable, the information about the people who travel with him.

Any fraudulent use of the site or in contrast with the present General Terms and Conditions will constitute a reason to deny the client access to the services offered by MottolinoGO and from vendors or other features of the Site.

2.2. Confirmation and cancellation of reservations

2.2.1 Confirmation

Confirmation of each booking, which will include the essential elements of the same, like the description of the Service(s) booked and the price, will be sent to the customer via email. If the customer does not receive a confirmation email within 24 hours of placing a reservation, he should contact the Customer Service in Italy by sending an email to the address info@mottolinogo.com or by calling the Italian Customer Service Department at the number +39 03421856226 (09:00-17:00 Mon-Sun).

It is understood that the data stored in the computer systems of MottolinoGO and/or its suppliers will constitute proof of reservations made by the Customer. The data stored on computers or on electronic media therefore constitute a valid proof, and must be accepted under the same conditions and with the same value as evidence of a written document in paper form.

2.2.2 Cancellation

Except as provided in paragraph 8.1, cancellations can be made by sending an email to the following address info@mottolinoGO or by calling the Italian Customer Service Department at +39 03421856226 (9:00-17:00 Mon-Sun).  All requests will be fulfilled on behalf of each individual vendor.

In the event of total or partial cancellation of a booking by the Client, he may be charged a fee to cover the costs already incurred for the organization of the trip, according to the following scheme:

  1. Full refund of the amount already paid for cancellations made within 30 days from the date of arrival (check-in) or use of the service booked.
  2. Reimbursement of 80% of the total purchase for cancellations made between 29 days and 8 days from the date of arrival (check-in) or use of the service booked.
  3. No refund for cancellations made within 7 days from the date of arrival.

MottolinoGO reserves the right to cancel the booking in the event of failure to pay promptly.

2.2.3 Changes in the reservation

Except as provided in paragraph 8.1., if, after having made a reservation, the customer desires to change the trip with regard to the date, the accommodation or services , the customer should send an email to the address info@mottolinogo.com or call Italian Customer Service at +39 03421856226 (09:00-17:00 Mon-Sun).  In the case of a change in booking an additional cost of € 15 will be charged by the Supplier.

2.2.4 Refunds

In cases where a refund is due to the customer, the relevant sums, net of the necessary deductions, will be returned by the party which has received the original payment (like MottolinoGO, a supplier or another party appearing on the customer's credit card or in the card statement) on the same card used to make the original transaction.

€ 15 expenses of booking in force will be charged to the customer, except as provided in paragraph 8.2.

2.3. Travel Documents

Travel documents required for a service requested through the Site will be sent to the email address provided by the customer at the time of booking.

MottolinoGO or the supplier cannot be held responsible if the delivery of travel documents proves impossible due to an error made by the Customer in providing personal information or email address.

2.4 Payment

The purchase of a service can be made by the customer through the Site.

Customer will provide data relating to his credit card and MottolinoGO will be required to verify: (i) the validity of the credit card and (ii) the availability of funds in the credit card (which will be confirmed by the bank that issued credit card to the customer).  Subsequently, MottolinoGO will send the client a confirmation e-mail in accordance with paragraph 2.2.1 above. The confirmation email will contain copies of the purchase details, which will also be available in the custom section of the site "My account". If any data was not properly reported, or the Customer does not receive a confirmation email within 24 hours, the Customer is required to contact promptly e without delay the Italian Customer Service Center at +39 +39 03421856226 (9:00-17:00 Mon-Sun).

The payment of the purchased service is performed by the Customer according to the following scheme:

  1. For the purchase of 'Service only' (excluding accommodation) the payment will be done entirely by credit card at the time of the selection of the 'Service' itself
  2. For the purchase of 'package tour' or 'Service' (accommodation) the payment will take place in two stages:
    1. An initial payment equal to a 30% deposit by credit card at the time of the selection of the 'Package'
    2. A second payment equal to the balance of the remaining 70% is due 30 days from the date of arrival (check-in) or the use of the service booked. The payment will be made via bank transfer. In the event of failure to comply with the deadlines for payment, the customer will be charged a penalty for late payment of 5% of the amount due. The taxation and foreign exchange rate may change during the period between the date of booking and the date of the balance payment. In addition, the issuer of your credit card may apply an additional fee for the conversion into foreign currency. For the payment, the customer will use the following bank account: IBAN IT 80 I 05216 52200 000000002997 c/o Credito Valtellinese, Livigno branch, beneficiary Mottolino s.p.a. Mottolino Go.
  3. For the purchase of 'package tour' or 'Service' (accommodation) the customer will be able to pay in full immediately via credit card and obtain a discount of 2% on the total amount
  4. In the case of purchases within 30 days from the date of arrival (check-in) or use of the service, the payment will be made in full at the time of the reservation by credit card

During the purchase process, customers will be prompted to provide credit card details. If the issuing bank declines the payment, your purchase will be suspended and the customer will not be charged any expense. If there were other problems, such as a transaction failure, or if a problem occurs during the booking, it may be that, due to the current payment system governed by international associations of credit cards, are temporarily blocked on the customer's credit card amounts for an amount equal to the total cost or partial purchase provided. In this circumstance MottolinoGO does not debit on the account of the Customer. In the case where there are locked funds on the customer's credit card, he must send an email to the address info@mottolinogo.com or call the Italian Customer Service at +39 03421856226 (9:00-17:00 Mon-Sun.) Once MottolinoGO is informed of the block of a sum and the related request to unlock has been forwarded to the bank, the time required for the release of the funds is determined by the bank that issued the credit card and by interbank circuits, but MottolinoGO will do everything it can to assist the Customer in order to achieve the release of funds in a short time.

Note: Before proceeding to purchase the selected service, the Customer must make sure that his current account has sufficient funds to pay for all the selected services. If there were not sufficient funds available, despite MottolinoGO does not charge any cost or expense on behalf of the customer, the execution of the purchase may cause the block of the sums on the customer's credit card until the total amount of the transaction is formally released by the issuing bank and the international associations of credit cards.

Article 3. Specific Services

MottolinoGO manages the site, which shows the Services and makes them available for booking by the client. The contract for the purchase of services is entered into between the Customer and MottolinoGO.

The purpose of this section is to provide some information regarding the terms and conditions of use of the services provided by suppliers in order to inform customers. These preliminary information should not be considered exhaustive and do not replace the Special Conditions. In the event of a conflict or incompatibility between the General Conditions and Special Conditions, Special Conditions shall prevail. The Special Conditions of the suppliers are available before you make your booking.

3.1 Services of Accommodation - Hotel Reservations

The service of accommodation is subject to the general conditions specified in this contract. Any special conditions imposed by the Supplier are described in the product information sheet available at the time of booking.

Hotel reservations will charge to the Client's credit card an amount equal to the one indicated in paragraph 2.4 of the present 'general conditions'. The prices shown on the Site do not include taxes or fees for additional services, including the mini-bar service or phone calls.

Any modifications to the booking, cancellations and refunds will be paid to the customer only in respect of the 'General Conditions' as stated in this contract.

In case of postponement of arrival (check-in) for reasons not ascribable to MottolinoGO the customer is not entitled to a reduction in price. In the event of early departure he shall not be entitled to any refund.

3.1.1. Usage of rooms

Customers are reminded that, in general, the rooms will only be available from 14:00 and should be vacated by 10:00, regardless of the time of arrival or departure or the means of transportation used.

Single rooms are usually equipped with a single bed and a supplement is often due for this type of rooms. The double rooms offer normally two single beds or one double bed.

3.1.2. Classification

The information on the comfort level assigned to the hotel in the description on the Site corresponds to a description based on local standards in the respective country. This classification is only indicative. Note that the standards can vary between hotels of the same class in different countries, and even in the same country. It is important to read carefully the descriptions of the individual hotels. Unless otherwise specified, the accommodation in all the hotels, whatever their classification, it is to be understood in standard type bedrooms.

It is possible that, from time to time, due to technical reasons (for example, a hotel is overbooked due to connectivity problems) for reasons of force majeure (for example, the hotel is closed due to a snow storm) or due to actions by third parties (for example, the room is not available because of problems with the maintenance) the booking of the hotel is canceled or modified. Should this eventuality occur, MottolinoGO will make all reasonable effort to inform the customer as soon as possible of what happened, and when possible, will offer an alternative accommodation in a hotel of at least the same category and that provides similar services. If the proposal is not accepted by the Customer, MottolinoGO will ensure the refund of all the money paid with reference to the hotel booking. Where appropriate, for example, when a technical problem ascribable to MottolinoGO has caused the booking to be canceled or modified and said cancellation or modification has caused damage to the Customer, MottolinoGO undertakes to pay a reasonable compensation to the customer. If the hotel is included in a tourist package, see what is provided in paragraph 8.2.

 

3.1.3. Activities

It is possible that some of the activities offered by the providers and shown in the description of the accommodation on the Site might be cancelled, for example due to weather or force majeure, during out of season stays, or if the number of participants required for the activity is not reached. If the activity is included in a tourist package, see what is provided in paragraph 8.2.

3.1.4. Meals

If meals are included in an offer, the number of meals depends on the number of overnight stays. The full board normally includes breakfast, lunch and dinner. The half board normally includes breakfast and lunch or dinner, depending on the type of offer. The lodgings that include the main meals typically begin with dinner on the day of arrival at the hotel and end with breakfast (in the case of half board) or with lunch (in the case of full board) on the day of departure. In the case where the customer does not take advantage of one or more meals, no reimbursement will be made.

Customers are reminded that, unless otherwise indicated on the Site, drinks are not included in meals. If water was not included, the customer shall bear the costs necessary for its purchase.

It is recommended that parents bring with them special foods for their children, since they may not always be available locally.

3.1.5. Taxes

Local authorities may impose additional taxes (tourist taxes, etc.), to be paid locally. The Customer shall be solely responsible for the payment of these additional taxes.

3.2. Various Additional Services

The provision of services is subject to the special conditions of the supplier specified in the product information sheet available at the time of booking. The services offered as local activities are generally not transferable and refunds or changes are not possible (unless canceled by the supplier and in the cases provided for in paragraph 8.2.).  It is possible that, occasionally, the services offered by the providers as shown on the Site will be cancelled, for example due to weather conditions, safety or force majeure, out of season stays, or even in the event that the minimum number of participants required for the activity is not reached.  MottolinoGO is available to make changes to the booking and/or to repay the service not enjoyed in these circumstances and according to the paragraph 8.2 if the activity is included in a tourist package. In this case the customer is not entitled to any damages.

Article 4. Additional Information

4.2. Prices and information on the Site

The price of the Services will be the one quoted each time on the Site, except in the case of manifest clerical error. Prices are subject to updates at any time; however, these changes will not affect bookings already accepted.

Despite that MottolinoGO undertakes to do its best to avoid errors or inconveniences, in the case where, due to a clerical error, a price will appear on the site in a not exact manner, MottolinoGO will not be obliged to provide the services to customers at a price manifestly incorrect when this circumstance may have been determined by a recognizable clerical error (for example: weekly Ski Pass for 1 Euro) arising alternately by a technical error of the system, or from a wrong communication of the supplier, even in the case where it was sent to customers a confirmation email of their booking.

MottolinoGO undertakes to make every reasonable effort to ensure that information contained on the Site and related to services offered are accurate and up-to-date. However, the information contained on this Site is provided by each of the providers of services; therefore, in accordance with applicable law, MottolinoGO will not be held responsible for their accuracy and precision.

4.3. Photographs and Illustrations

MottolinoGO does its best to provide the Customer with photographs and illustrations that give the customer a representation of the service offered. The purpose of these photographs and illustrations is to show the customer the conditions of the accommodation and the degree of comfort, and the same should not be considered as a guarantee that exceeds this purpose.

4.4. Insurance

The prices indicated on the Site do not include the cost of insurance. The customer can take out an insurance policy that covers the expenses in some cases of cancellation and an additional insurance that covers some special risks such as the cost of repatriation in case of accident and disease. It is the Customers responsibility to verify that each insurance policy chosen is adequate for his own needs.

The risks covered by such policies, as well as the cost and the amount of coverage, are shown on the Site for purposes of illustration only. When an insurance policy is taken out, the insurer will send the Policy to the customer. Complaints should be submitted directly to the insurance company in accordance with the terms and conditions of the Policy.

MottolinoGO is an authorized representative of AXA S.A. insurance company with legal and administrative offices located in Corso Como 17, 20154 Milan, Italy. Office of the Register of Companies of Milan C.F. and V.A.T NO. 00902170018 - Number R. E. A. MI 1576311 pursuant to art. 2497 bis C. C. - Isvap Registration number 1.00025 - entered on the Register Groups Isvap with the n. 041 - Company authorized to exercise of insurance with D. M. 31 /12/1935 (GU 9 /4/1936 n. 83).

 

The insurance contract is subject to the terms and conditions which are made available during the booking process. The customer may contact the insurance company at the number +39 0642115816, by visiting the internet site www.tripartner.it, or by writing to the e-mail address infotripy@axa-assistance.com

Please check the special conditions of the supplier for all information related to the Service.

Article 5. Economic conditions and procedures for payment

5.1 Local taxes and payments

Except where otherwise stated in the special conditions, the prices of Services shown on this Site are expressed in Euro.

The prices for the services booked on the Site must be paid to (i) MottolinoGO that will accept these payments on behalf of suppliers. Payments can be charged by more than one part (as will be shown in your statement of account of the customer relating to the bank card or credit card).  However, the total cost charged will not exceed the total price of the Services.

Any booking is subject to the regulations for travel agents and tour operators.

Article 6. Customer Service and complaints handling

Questions, requests for information, or complaints should be sent via email to the address info@mottolinogo.com or by calling  the Italian Customer Service Department at number +39 03421856226 (9:00-17:00 Mon-Sun).

Customers are invited to send any complaints within 30 days from the end of a trip.

In general, complaints will be handled only if the issues mentioned are those that have been reported through email to the address Info@mottolinogo.com or by calling the Italian Customer Service Department at +39 03421856226 (9:00-17:00 Mon-Sun) during the trip (or as soon as is reasonably possible) so that measures can be taken to solve the problem and to limit the damage suffered by the Customer. However, there may be exceptions depending on the circumstances.

In addition, pursuant to Legislative Decree 28/2010 and subsequent amendments, is at customer's discretion the access to mediation for the conciliation of a possible dispute against MottolinoGO, under the conditions specified by the institution, chosen by the Customer, which will administer the procedure.

Article 7. Responsibility of MottolinoGO

7.1 Responsibility of MottolinoGO in relation to their own services and third-parties

In connection with the purchase of their own services and third-parties, MottolinoGO operates as a supplier therefore will be responsible for the breach of the obligations regarding the services provided to the customer.

In any case, MottolinoGO shall not be held responsible for the information provided in the product information sheet and special conditions as indicated by a third party supplier nor may be liable for any damage suffered by customers in relation to services provided by third parties.

If MottolinoGO cannot fulfill or is limited in the fulfillment of their obligations under the contract for reasons of force majeure, it may terminate the contract by refunding the customer of the costs of the services that it has not been able to provide. In this case, the customer is not entitled to any damages.

Article 8. The right of rescission - significant changes to the contractual terms and conditions and cancellation of Tourist Packages

8.1. The right of rescission

Under the combined provisions of Articles 47 (g) and (m) and 59, paragraph 1 (n) of the Consumers Code and article 32, paragraph 2, of the Tourism Code, to services and the Tourist Packages does not apply the right of rescission as provided in Articles 52 and following of the Consumers' Code.

8.2. Significant changes to the contractual terms and conditions and cancellation of Tourist Packages

In the event that before departure occurs (i) a significant change of one or more elements of the Package tour (article 41 of the Code of Tourism), like an increase of the price higher than the 10%, which is not been accepted by the Customer or (ii) the Tourist Package is canceled for any reason other than negligence of the customer (article 42 of the Code of Tourism), the customer has the right to benefit of another tourist package of equivalent or higher quality without having to pay a supplement, or of a tourist package of lower quality together with the relative difference in price, without prejudice to any damages; alternatively, the customer has the right to obtain a refund of the sum paid for the Tourist Package (article 42 of the Code of Tourism), without prejudice to any damages.

The Customer must also communicate if accepts or rejects changes to the Tourist Package within two business days from the time he has been informed of the change (article 41, paragraph 3, of the Code of Tourism).

The customer has the right to receive the refund of the sum paid within seven working days as provided under this paragraph 8.2. (article 42, paragraph 1, of the Code of Tourism).

If, after the departure is not possible to provide one or more essential services of the Package tour, the Customer will be offered alternate solutions without any supplement or he will be refunded the difference between the value of the services originally provided and those carried out, without prejudice to any damages (article 41, paragraph 4, of the Code of Tourism).  Where it is not possible to provide alternative services or they are rejected by the client for a justified reason, to the customer will be made available, at no extra charge, a means of transport for the return to the place of departure or to a different and agreed place, together with the refund of the difference between the cost of the service to be provided and that of the services provided, without prejudice to any damages (article 41, paragraph 5, of the Code of Tourism).

In the case where the customer does not show up at the structure booked (accommodation) or does not use some or all of the services booked, any refund to Customer shall be governed solely in accordance with the general terms and conditions of this agreement.

Article 9. Disclaimer

Except where otherwise stated in these Terms and Conditions, all warranties, terms and conditions, express or implied, in relation to this Site, or the information contained within it are excluded to the extent permitted by law.

Article 10. Applicable Law

The present General Conditions are governed by Italian law, excluding the applicability of the law 218/95 ("Reform of the Italian system of private international law").  The Customer agrees that the Italian judicial authorities will have jurisdiction in relation to any dispute arising from the interpretation and/or arising from these Terms and Conditions.

Article 11. Final Provisions

If MottolinoGO does not use, at any time, any of the provisions of the General Conditions, this may not be interpreted as a waiver of the right to invoke this provision at a later time.

If a court or other competent judicial authorities should consider invalid, illegal or not applicable any disposition, or part of it, of these Terms and Conditions, that disposition, or part of it, will not be considered part of this contract with the customer within the limits of the required measure, and the other provisions shall remain applicable.

Each case of force majeure, including the interruption of means of communication or a strike of the carriers, hoteliers, or air traffic controllers, will lead to the suspension of the obligations contained in these terms and conditions that are affected by the event of force majeure and the part affected by the force majeure event will not be responsible for the impossibility of fulfilling these obligations.

The following general conditions shall be in effect from November 01, 2014.

Communication pursuant to Article 16 of Law 269/98