2. Terms and Conditions of Trade:
The terms and conditions are an important part of a booking between Funactive Tours srl and the client.

3. Completion of Contract:
The binding completion of the contract can only be undertaken in a written manner by filling out our registration form. Bookings must be confirmed in writing by Funactive Tours srl. The registration is made by the customer expressly on behalf of all the other named participants. The customer accepts the binding conditions of travel valid at the time - also in the name and on behalf of the named participants.

4. Contents of Contract:
Booking includes the following elements: group or client’s name, arrival and departure date, number and type of reserved rooms, description of package, content and type of booked package, description of the accommodation, prices, surcharges and reductions. If there are no extra conditions included in the booking, then the general regulations apply. All prices are in Euro or in the additional currency and include VAT and all other taxes. Extra conditions and changes in the booking must be confirmed in writing by Funactive Tours srl.

5. Accommodation:
Accommodation is usually in 3*** or 4**** partner hotels. All information on the accommodation can be found in each tour description.

6. Package/Conditions of Performance:
Funactive Tours srl reserve the right to change the programme and to interchange performances provided they are of the same, or higher, quality and provided it does not change the original package except in a minor way.
The scope of services for each tour is detailed and binding in the valid Funactive Tours srl catalogue/homepage.
Towns indicated at each daily stage in the tour description are usually and principally the destinations of the stage. If for some reason we have to switch into the near surroundings these changes apply automatically without any further consent of your side or any price reductions or compensations. Possible deviations from the catalogue described course is possible because of organisational reasons, but do not affect the content or the description of the journey.

7. Payment:
On receiving the booking contract, the client will pay 20% of the whole price as a down payment. The rest payment follows, at the latest, 30 days before begin of the tour, without the client receiving another request of payment. If the rest payment isn’t paid to Funactive Tours srl by the date specified, the organiser can cancel the contract and demand the cancellation fees incurred. For cancellations under 30 days before begin of the tour, the client will immediately be charged the whole price of the tour.
Costs incurred by bank transfers are to be paid by the client.
All documents required on the tour will be sent to the client as soon as the full payment has been made, at the latest two weeks before the tour commences.
After transferring the money, please fax (0039 0474 740858) or e-mail (info@funactive.info) us a copy of the bank transfer.
All changes in the booking received after confirmation will be charged to the client.

8. Cancellation:
A client can cancel the contract at any time. This must be done in writing. In the case of cancellation, non arrival or early departure Funactive Tours srl charges the following cancellation fees (valid for bike tours/ hiking tours/ cross country skiing safari):
Up to 28 days before tour begin: 10%, with a minimum of € 50,00
27 to 8 days before tour begin: 50% of total cost
7 to 1 day before tour begin: 80% of total cost
On day of arrival or later: 100% of total cost
No show: 100% of total cost

Cancellation terms for bike & boat trips:
Up to 85 days before start: 10 %, with a minimum of € 50,00
84 to 43 days before start: 30 % of total cost
42 to 29 days before start: 60 % of total cost
28 to 1 day before start: 90 % of total cost
On day of arrival or later: 100% of total cost
No show: 100% of total cost

We strongly recommend to take out a travel insurance, covering at least the cancellation fees.

9. Cancellation without cost:
The client can step out of the contact if alterations occur in the programme that change the booked package in a considerable way and are not a result of unconventional circumstances. These are as follows:
- an increase in price of more than 10%
- change in date of begin of the tour
The cancellation, in writing, can be made to Funactive Tours srl within two working days (date of arrival of written cancellation at the contracting party). The time period begins when the client is informed of any changes being made to the programme. If the company does not hear from the client, this is taken as an acceptance of the changes being made.

10. Changes in Reservation:
Any changes made to the programme by the client will generally be charged at the same rate as a cancellation by Funactive Tours srl. Changing to another tour is classed as cancellation.
Exceptions are changes to the same tour but on a different date up to 21 days before tour begin. In these cases Funacitve Tours srl charge a fee of 50,00 Euro. Changes in dates after this period of time need to be checked with the organiser and the costs are carried by the client.
Every person signed on to the tour can be changed to a third person if Funactive Tours srl are informed of this at least 4 days before tour begin. Funactive Tours srl can refuse to let the third person take part in the tour if they don’t comply with the conditions of the tour. The same cancellation fees apply in this case. If a third person takes part in the tour then the original contract will not be changed. All extra costs are to be covered by the client. Funactive Tours srl are not responsible for a possible non acceptance through a conciliatory tour operator.
We are authorized to charge € 50,00 administration fee for each amendment.

11. Legal redress
If services provided are not in compliance with the contract, legal redress can be sought. Contractual compliance is determined on one hand by the service description and on the other hand by the local standard of destination. Funactive Tours srl can refuse the redress, if an extraordinary effort is required. However redress can be provided in form of substitute services of equal or higher value. The customer can refuse acceptance of such substitute service only on the grounds of important, objective determinable reasons. The redress claim has to be directed to us or to the travel guide. The travel guide is not authorised to acknowledge any claims.

11. Complaints – Notification – Cooperation obligation:
If travel documentation is not provided in time, the customer is obliged to inform Funactive Tours srl immediately

In case of problems interfering with the regular execution of services the customer is obliged to contribute to a reasonable extent to terminate the problems and to avoid or to limit any possible damage. If the client detects differences between the description of the tour and the actual tour itself, he/she is obliged to immediately inform the local operator (hotel, tour guide, etc), as well as Funactive Tours srl and the conciliatory tour operator. The local operator will arrange for changes to be made, and if this is not possible, will give the client a confirmation of the situation. If the customer refrains intentionally to indicate the shortcomings, a claim for reduction cannot be made.

A written complaint or the confirmation of the situation must be received by Funactive Tours srl within 10 days in order for a reduction in cost to be taken into account.

12. Liability and restriction of liability
Funactive Tours srl is liable to exercise the diligence of an ordinary trader for the conscientious preparation of the tour, the careful choice and assessment of partners. Further Funactive Tours srl is liable for the correct scope of services indicated in the actual catalogue/homepage at the time of the tour, valid at the time of release of the catalogue/homepage.

Funactive Tours srl cannot be held responsible for damage caused by the client, caused by conciliatory operators, natural disasters, or other things which they have no influence over, such as strikes, changes in public transport timetables etc. Funactive Tours srl is responsible for conscientious planning of the tours, the choice of the operators, the trueness of the descriptions, as well as the agreed performance. Funactive Tours srl is not responsible for the non compliance of individual operators.

Participation in a bicycle tour is at the customer’s own risk. Minors can participate in a trip only in the company of a legal guardian.

Participants are responsible for their personal health to be up to the demands of the journeys.

Participants are also responsible for compliance with traffic regulations.

The terms of transport of the respective haulier (bus, boat, plane and the like) are valid for all transports.

Funactive Tours srl can not be held liable for cancellation of any sightseeing tour as per program for any reasons beyond their influence (rebuilding, renovation etc.).

Should any damage occur caused, neither willfully nor gross negligently by one of our service carriers or ourselves, our liability - out of whichever legal argument – is limited to the triple amount of the tour price.

Funactive Tours srl is liable for any damage or loss of luggage if the damage or loss was caused by us and was reported to us immediately after occurrence; however, compensation is limited to € 200,00 per person.

Liability is excluded for:

any objects usually not transported in luggage
any means of payment
optical damage of handles and rollers
any damage for luggage exceeding a weight of 20 kg
Transportation of customer bicycles basically is possible during transfers as well as during the tour. The customer accepts full risk. The bicycle trailers are customised to fit the bicycles of the tour operator. Any other bicycles might be subject to small damages (e.g. lacquer). Funactive Tours srl can not be held liable for any damage during the tour. This limitation of liability also applies for partner tours and services of third parties.

Should a tour be cancelled for reasons beyond our influence (strike, natural disaster and the like) or should the requested minimum number of participants not be reached we reserve the right to cancel the tour up to 25 days in advance of the start of tour. In this case you will be informed immediately and any payment made to us will be refunded. No other claims or compensations can be accepted.

13. Insurance:
If not included in price, it is advisable to obtain a cancellation insurance as well as baggage and accident insurance. Insurance of this kind can be bought from the tour operator and each individual operator.

14. Court of Jurisdiction:
The court of jurisdiction is in Bozen. The partners are obliged to try all ways of settling the difference before resulting in using the court.
The Conditions of Travel are subject to Italian law.

15. Insurance – money guarantee

Travel Agencies in South Tyrol
Travel agencies and offices in South Tyrol are covered by the government law nr. 3 from 20.02.2002. The clear rules give the consumer maximum security.

Excerpt from the above mentioned law:

12. (Insurance)
(1)Before opening
Before opening a travel agency the company must take out third party insurance to the value of 1,550,000.00 Euro against risks that could occur to customers on journeys as well as a guarantee for the customer if the contract cannot be met. This sum can be raised by the local government and must be published in the regional official gazette. A copy of the insurance policy must be obtained from the government office for tourism before permission to open the travel agency can be obtained.
(The whole text of this law can be found on the internet website of the Provinz Bozen http://www.provinz.bz.it/tourismus.htm)
Our travel agency obtained opening permission from the government on 28.02.2003 Prot.Nr.36.1/WG/rl/73.04.41/3966

Funactive Tours srl is covered by an insurance policy from the company Navale according to Art. 15 and 16 of law Nr. 111 from 17th March 1995. According to Art. 21 of the law from 17th March 1995 a guarantee fund is also necessary. In the case of a bankruptcy of the travel agency, according to Art. 21 of law Nr. 111/95, the customer can claim back money from the ministry.

13. Miscellaneous

The customer is responsible to comply with all passport, visa, custom, and health regulations.

All rights reserved to change prices and services, as well as to correct mistakes and printing errors.

If a single regulation of the travel agreement is inoperative, this does not result in inoperativeness of the whole agreement