Art.1 Package Travel
Wokita are holders of the appropriate license to provide package travel, package holidays and package tours.
The Council Directive 90/314/EEC on package travel, package holidays and package tours is designed to protect consumers who enter into package travel contracts in the EU. It covers the sale of pre-arranged combinations of two or more of the following:
3. other tourist services which are not ancillary to transport or accommodation and accounting for a significant proportion of the package.
Consumers will only be covered by this directive in cases where at least two of these elements are sold or offered for sale at an inclusive price and the service covers a period of more than twenty-four hours or includes over-night accommodation.
Art.2 Legislation sources
This contract is governed by the International Conventions, in particular by the Brussels Convention of 1970, the Warsaw Convention of 1929 relating to International Carriage by Air, and the Berne Convention of 1961 relating to Carriage by Rail.
Art.3 Compulsory information
The consumer must have access to a written record that includes the terms and conditions of the contract which are applicable to the package and also the relevant details of the documents necessary to carry out the service.
Art.4 Booking Terms and Payment
Any booking made or order placed by the client shall be deemed to be an offer on the client’s behalf in order to purchase the relevant accommodation and/or travel arrangements subject to these booking conditions. No contract shall exist between the client and Wokita until such times as Wokita issues a booking confirmation by email to the client and Wokita receives payment in full from the client. A printout of the booking confirmation with the booking reference number is necessary in order to receive the requested service.
All travel documents are delivered to Wokita S.r.l. in Via Barberini 67, 0187 Roma; on client’s request, all documents may be sent via email or to an alternative address via courier.
Payment must be made in full at the time of booking. Payment should be carried out at the Wokita web site by credit card.
Art.6 Price – revision
The price is established under the contract and published online. This price may be subject to revision only in the case of changes in: transport costs, fuel prices, and dues, taxes (by way of example and by no means an exhaustive list, these may include landing taxes or embarkation or disembarkation fees at ports and airports, and the fluctuation of the exchange rate).
Art.7 Consumer’s warranty
In the case of bankruptcy on the part of the organizer and/or retailer, the Client is entitled to ask the Member State for a complete refund of the sum paid for the travel package and also the cost of repatriation in the case of a journey abroad.
Art.8 Special agreements between the organizer and/or retailer and the consumer
At the time of the booking the Client may ask for special requests to be indicated as Special Conditions in the Travel package. These special requests will be part of an agreement between the Client and the retailer and shall be satisfied only if it is technically possible to do so. After the confirmation of the Travel package booking, any further amendment requested by the client or the retailer must be part of a written agreement between the two parties.
Art.9 Transfer of the Travel Package
In cases whereby the consumer is prevented from utilising the package, he/she may transfer his/her booking, having first given the organizer or the retailer reasonable notice of his/her intentions before the date of departure, to another person who satisfies all the conditions applicable to the package. The third person must fulfil all the requirements required for the journey and the stay: passport, visa, and health formalities. The client transferring the package and the recipient of the transfer shall be jointly and equally liable to the organizer or retailer party for the payment of the balance due and for any additional costs arising from such a transfer.
Art.10 Withdraw - Cancellation
The consumer shall be entitled to withdraw from the contract without penalty under the following particular circumstances:
- Any significant alterations of the stipulated package and essential terms which were not accepted by the consumer. The consumer shall inform the organizer or the retailer of his decision within 2 working days of the date of the received amendment;
- A price increase exceeding 10% of the total amount. Should the organizer find that before the departure he is constrained to cancel the package, he shall notify the consumer as quickly as possible in order to enable him/her to act accordingly and in particular:
Should the organizer cancel the package before the agreed date of departure, the consumer shall be entitled:
- either to a substitute package of equivalent or higher quality where the organizer and/or retailer is able to offer him such a substitute. If the replacement package offered is of a lesser quality, the organizer shall refund the difference in price to the consumer;
- or to be refunded as soon as possible all sums he/she paid under the contract.
The consumer must warn the organiser or retailer in writing of his/her decision taken within 2 days of receiving the alternative proposals.
In such a case, he/she shall be entitled, if appropriate, to compensation from either the organizer or the retailer, whichever the relevant Member State's law requires, for the failure to uphold the contract, except where:
(i) the cancellation is on the grounds that the number of persons enrolled for the package is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the package description; or
(ii) cancellation, excluding overbooking, is due to reasons of force majeure, i.e. unusual and unforeseeable circumstances beyond the control of the party concerned, the consequences of which could not have been avoided even if all due care had been exercised.
Art.11 Penalties for the cancellation of the tourist package
If the Traveller intends to terminate the contract agreement, other than the cases listed in the previous point in Art. 11, the following penalties shall be applied, depending on the moment that the notice of cancellation is received - independently of the payment of the deposit referred to in Art. 6 – in addition to the subscription sum (which shall never be reimbursed): - 10% up to 30 days before the departure date; - 25% up to 21 days before the departure date; - 50% up to 11 days before the departure date; - 75% up to 4 days before the departure date; - 100% after this date. The Traveller shall not be reimbursed if he/she should be unable to travel due to any lack of personal documents necessary for foreign travel as indicated, or inaccuracies therein.
Art.12 Cancellation penalties for Hotel Only
Through Wokita website the customer can also book single services, such as Hotel only, where the reservation is made as for third party Hotel. For this service the cancellation penalties are as foolows: 0 – 4 days prior arrival Cost of the first night 11 – 4 days prior arrival The cost of the first night or 50,00 Euro whichever is less 1 week – 3 months prior arrival The cost of the first night or 25,00 Euro whichever is less More than 3 months prior arrival no cancellation fee. For any Change request about names, child’s age, or Arrival/Departure dates the administration fee is 15,00 euro. All the changes are related to availabilities. Any cancellation or amendment sent directly to the Hotel or any other accommodation property previously booked will not be accepted by Wokita. Any cancellation change request has to be done through Wokita website or sending a letter to Wokita Italian offices. Penalties shown above are always applied, except for bookings that are subject to Special Conditions. By Special Conditions Wokita means all bookings that are within a special event such as fair, congress, sport, exhibtion etc., therefore Hotel will apply a surcharge on booking condition. 100% cancellation charges will apply to dates of stay falling within a Fair or exhibition period. For dates of stay within the same booking, not falling within the Fair period, our standard non-Fair period cancellation and amendment conditions will apply. Any changes or modifications for dates of stay falling within a Fair or exhibition period will be treated as cancellations and will incur charges as above.
CUSTOMERS WILL BE NOTIFIED AT THE TIME OF BOOKING IF TRADE FAIR/EXHIBITION DATES ARE PRESENT AND THAT SPECIAL CONDITIONS WILL APPLY.
Art.13 Penalties for the cancellation of only Apartments, Villas, Country Cottages, and Self Catering Apartments
Through the Wokita website the consumer may also book single services such as apartments, villas, and country cottages, it being understood that the booking is received in the name and on the part of the third party accommodation organisation, negotiated both directly and/or through a broker. For this type of service the penalties for cancellation are as follows: If the client, for whatever reason, should cancel the rental contract he/she has the right to be reimbursed, with the exception the following penalties: - 15% of the entire sum, if the cancellation is made up to 60 days prior to beginning of the stay. - 25% between the 59th and the 45th day prior to the stay - 50% between the 44th and the 30th day prior to the stay - 90% between the 29th and the 1st day prior to the stay - 100% the same day as the stay is due to start or for a no show For every variation to the original booking, on condition that the property rented and the rental period remains the same, the client shall pay a penalty of €30.00. For every variation to the accommodation rented or to the rental period, the original booking must be cancelled and the client shall be charged the normal penalty for cancellation. All changes are subject to availability.
Art.14 Penalties for the cancellation of car rental reservations/car hire without driver
Through the Wokita website the consumer may also book single services such as car hire only, it being understood that the booking is received in the name and on the part of the third party car-hire company, negotiated both directly and/or through a broker. For this type of service the penalties for cancellation are as follows: - 10% up to 11 days prior to the departure; - 25% up to 4 days prior to the departure; - The cost of one day’s hire after this date.
Art.15 Penalties for the cancellation of the flight only/air ticket
Through the Wokita website the consumer may also book single services such as flight only, it being understood that the booking is received in the name and on the part of the third party airline company. For this type of service the penalties for cancellation are determined by the airline companies and their regulations regarding air fares, and concern both the companies who adhere to the IATA and those who do not. Therefore the penalties for cancellation shall be displayed for each and every air ticket, and for each single airline company, and for each single air fare which is applied and/or is applicable relative to that precise instant.
Art.16 Changes after departure
After the departure, in the event that an essential part of the services stipulated in the contract should not prove performable, except in cases due to the consumer himself/herself, the Organiser shall provide adequate alternative solutions for the continuation of the planned trip without any additional charges to the consumer or shall reimburse the consumer up to the difference between the planned trip and the services actually provided, without prejudice to claims to compensation for greater damages that may be proven by the consumer: in the event that no alternative solution is possible or that the consumer refuses to accept the solutions with reasonable and just cause, the Organiser shall provide the consumer with an equivalent means of transport back to the place of departure or to another mutually agreed point, subject to availability of transport and seats thereon, and shall pay the consumer the difference between the services planned and those actually provided up until the moment of early return.
Art.17 Liability for personal injury
Damages for personal injury to the consumer arising out of any failure to perform or inadequate performance of the obligations assumed with the contract, in accordance with the provisions of Art. 94 of the Consumer Code, shall never exceed the limits established by the International Conventions thereon. The liability of the Organiser to the consumer for any damages sustained due to any failure to perform or inadequate performance of the contractual obligations is regulated by the laws and international conventions referred to in the previous article 2. Therefore, under no circumstances shall the liability of the Organiser, for whatever reason, exceed the limits relating to the damages in question as provided for under the aforementioned laws and conventions. The travel agent (Retailer), from whom the tourist package was booked, shall not be liable in any way for the obligations deriving from the organisation of the trip, but shall be liable exclusively for the obligations deriving from his/her capacity as intermediary and in any case only to the extent as provided for under the aforementioned laws and conventions. In any event, any liability of the Organiser and the retailer shall be excluded should the damages claimed by the consumer depend on causes attributable to the consumer himself/herself, or attributable to a third party extraneous to the provision of the services stated in the contract, or due to a fortuitous event or to exceptional circumstances (force majeure). Moreover, the Organiser shall not be held liable for any damages that are derived from the provision of services by extraneous third parties and that are not part of the tourist package, or that derive from initiatives taken by the consumer himself/herself during the course of the trip.
Art.18 Exemption of liability for personal injury and for other damages
Pursuant to art.96 of the Consumer Code, under no circumstances shall Wokita be held liable for any personal injury and/or for other damages to the consumer due to failure to perform or inadequate performance of the obligations assumed with the contract of sale of the tourist package when these events are due to: (a) the behaviour of the consumer, or (b) unforeseeable or unavoidable acts of a third party, or (c) fortuitous events, or (d) events related to exceptional circumstances (force majeure), or lastly (e) any other circumstances or events which Wokita, despite exercising all due care and professional diligence, would not reasonably have been able to foresee and/or remedy.
Art.19 Complaints and Claims
The consumer shall be held to notify the organiser without delay about any alleged failure to meet the contractual obligations so that Wokita, their local representative, or the group leader may remedy such failures at their earliest opportunity. The onus to report any failure to meet the contractual obligations without delay is understood to be on the consumer so that Wokita may perform their contractual obligations correctly: should any complaints fail to be made without delay, the consumer himself/herself may be considered partially liable. Moreover, the consumer, under penalty of forfeiture, must make any claim by sending a recorded delivery letter (with notification of receipt) to the organiser and to the retailer, within and not later than ten working days after returning to the point of departure.
Art.20 Obligations of the Participants
For the entire duration of the trip the participants are held to be in possession of a valid passport or of any other admissible ID document as may be required for entry, transit, and/or travel in all of the countries included in the planned itinerary, as well as any travel visas and permits, medical and health certificates that may be required. The personal documents are also required when boarding any domestic flight. Moreover, the Travellers shall be held to behave with all due care and diligence as well as to abide by the rules and recommendations given by the organiser and the provisions of the administrative rules and regulations governing the tourist package. The Travellers shall be liable for any damages sustained by the organiser due to any failure on the part of the former to meet the contractual obligations during the course of the trip. The Consumer is held to provide the organiser with all the documents, information and any other details in his/her possession which may be of use so that the organiser may exercise their right of subrogation towards third parties who may be liable for damages. The client shall be considered liable to the organiser for any damages the former should cause the to the latter’s right to subrogation. On making the booking the Client may ask for particular services, either additional or alternative, that shall be subject to specific agreements, should the performance of the same prove possible.
Art.21 Obligation to Assist
Pursuant to clause 2 of Art. 96 of the Consumer Code, the organiser is required to take all necessary measures to provide the consumer with his/her full and diligent assistance according to good practice exclusively in relation to the organiser’s own obligations by law and/or contract. The organiser shall not be liable to the client for any breach on the part of retailer of the retailer’s contractual obligations.
Pursuant to Art. 99 of the Consumer Code, Wokita Srl is covered by an insurance policy for civil liability. ONLY in the tourist package are further insurance guarantees included. Disclosure requirements under statute 16 of law n°. 269/98 Under Italian criminal law, anyone found guilty of any offence relating to the prostitution of minors and/or to pornographic activity involving minors is liable to serve a term of imprisonment, regardless of whether the offence is committed within the territory of the state or abroad.
- Porter service is not included.
- Tips are not included.
- For services where you have luggage with you, it is your responsibility to ensure that the vehicle booked is large enough to accommodate all your luggage. If you bring extra luggage that cannot fit in the vehicle, you will need to cover any additional costs incurred in transferring your luggage.
- For services with starting points at airports, stations or ports, it is your responsibility to ensure that you wait for your Driver or Representative at the appointed meeting point as detailed on your voucher.
- Should you not be able to locate your Driver or Representative at the start of a service, it is your responsibility to call the relevant telephone number as shown on your Extra Information sheet before making alternative arrangements.
- For services beginning from the accommodation, please ensure that you are waiting at the appointed meeting point, as shown on your voucher, at least 5 minutes prior to your confirmed pick up time.
- Tailor-made sightseeing with a Driver and a Local Guide does not include any entrance fees. Local Guides may enter many attractions free of charge, but where you require your Guide to accompany you into an attraction, you may be asked to cover the Guide’s entrance fee as well as your own.
- Where available, tailor-made sightseeing may be conducted by a Driver providing the commentary whilst driving. You should note that although drivers are able to give commentary while driving, they may not be able to park the vehicle and accompany you inside specific attractions and they may not be permitted to conduct tours on foot, due to guide regulations. This option is therefore best suited to visitors looking for a panoramic city tour.
- Tailor-made sightseeing should be conducted within the city limits.
- You can expect your local guide of tailor-made sightseeing services to have a good overall knowledge of the city sights, however exceptionally in-depth commentaries on a particular attraction may not be available.
- Regarding transfers that include the services of a Driver who speaks either the local or a foreign language, the driver will not assist with the check-in at your accommodation nor at the airport, port or station unless stated in the extended description for that particular service.
- Regarding transfer services where a Local Representative is available only at the airport, they will escort you to your waiting driver who will conduct the rest of the service in your booked vehicle.
- When supplying us with details for the service you wish to book, it is your responsibility to ensure that all the details sent to us are correct.
- The durations of all transfers are representative of the driving time in average driving conditions. We take no res.