Terms & Conditions

Premise

The services indicated on the website www.laifain.com are offered by the company REISEDIENST LUIS PICHLER GMBH as an organizer as well as a mediator of experiences or day trips, in accordance with all applicable legal provisions and regulations.

Company data: REISEDIENST LUIS PICHLER GMBH

Share capital: EUR 10.000,00

VAT no. and company register no.: 01509390215

Liability insurance policy ADV TO No. 106984457 (Unipolsai Assicurazioni spa)
Insolvency Insurance Policy ADV TO No. 6006001493/L (Nobis Assicurazioni spa)

License Prot. no. 35.4/HH/KW/73.0432924 (Autonomous Province of Bolzano South Tyrol)

Services that do not exceed the duration of 24 hours and only concern the offer of a transport or accommodation service, as well as any other travel service that is independent of it, are not considered to be part of the contract of a travel event or a package tour. Thus, they do not enjoy the protection provided by the Tourism Act, and the provisions of the Consumer Protection Act (in short: VSG) as amended are applied.

It should be noted that according to Article 47, paragraph 1, letter g) of the Consumer Protection Act, the right of withdrawal is excluded in the case of contracts concluded through distance selling.

Pursuant to Article 59 VSG, Legislative Decree (GvD) of September 6, 2005, No. 206, amended by GvD of February 21, 2014, No. 21, the right of withdrawal is excluded with respect to contracts for the provision of accommodation, transportation, vehicle rental, catering or other services related to leisure activities, if the contract provides for a specific date or period for the provision of the service. Therefore, the consumer who withdraws from a contract concluded at a distance or off-premises will be charged the withdrawal fees provided for and set forth in each individual service.

Definitions

User: any natural person who visits or makes a booking through the website www.laifain.com.

Authentication Data: the email address and password used by the User to access the Website.

Supplier: the company that supplies a specific service or provides service.

Traveler: any person who intends to enter into a contract, has entered into such a contract or is authorized to travel as a result of a contract for a package tour or travel service.

Entrepreneur: any natural or legal person, public or private, acting in the course of his professional, business, trade or craft activities in package travel or related travel service contracts, including with the assistance of another person acting in his name or on his behalf, in his capacity as a tour operator, seller, entrepreneur promoting related travel services or provider of travel services as defined by the applicable regulations.

Organizer: an entrepreneur who compiles package tours and sells or offers them for sale, either directly or through other entrepreneurs, or an entrepreneur who transfers the personal data of the traveler to another entrepreneur in accordance with letter c), item 2.4) of Article 33 of the Tourism Act.

Seller: an entrepreneur other than the Organizer who sells or offers for sale package tours put together by a Tour Operator.

Durable medium: any medium that allows the traveler or entrepreneur to store personal information addressed to him/her in such a way that he/she can subsequently consult it for a period adequate to the purposes for which the information is intended and which allows the unchanged reproduction of the stored information.

Unavoidable and exceptional circumstances: a situation that is not within the control of a party and causes such a situation, the consequences of which could not have been avoided even if all reasonable precautions had been taken.

Lack of conformity: the failure to provide the travel services included in a package.

Minor: a person under the age of 18.

Return: the return of the traveler to the place of departure or to another place agreed upon by the parties.

Booking: the order placed through the website www.laifain.com.

Duties of the user

The user is liable for the truthfulness and accuracy of the information provided by him on his behalf and on behalf of all persons who benefit from the services booked on the website and whom he represents and to whom the present conditions are applicable in their entirety. The liability is in no way due to Reisedienst Luis Pichler GmbH on behalf of laifain if the information provided by the user at the time of registration and/or order is incorrect or incomplete. It should be noted that the names and surnames of the passengers provided by the user at the time of registration and appearing in his personal area are automatically transferred to those fields that concern the personal details of the passengers during the booking phase: it is therefore the responsibility of the user to check the passenger details for each order for their accuracy and, if necessary, to change them. The user undertakes to maintain confidentiality about his personal access data and not to disclose them to third parties in any way. Reisedienst Luis Pichler GmbH on behalf of laifain cannot be held liable for any fraudulent or abusive use of its own account, except for proving that such use is not due to negligence or carelessness on its part. Reisedienst Luis Pichler GmbH on behalf of laifain reserves the right to refuse at any time any booking request from a user in case of fraudulent use of the website by the user himself.

Terms of use

The present General Terms and Conditions regulate the use of the website www.laifain.com by the user and the sale of the services offered by Reisedienst Luis Pichler GmbH on behalf of laifain on this website (as an example but not exhaustively mentioned: experiences, reports of experiences, stays, tours, overnight stays in hotels).

The General Terms and Conditions constitute an agreement between Reisedienst Luis Pichler GmbH on behalf of laifain and the user who uses the website and books and purchases services. In addition, the user is subject to the special conditions applicable to each individual service (including details about the destination, departure date and duration of stay, price, applicable taxes), which are precisely indicated in each program. These Special Conditions constitute an essential and inseparable part of the contract between Reisedienst Luis Pichler GmbH on behalf of laifain and the User. The use of the website, the bookings and the purchase of the services are subject to the prior acceptance of these General Terms and Conditions by the user. The user is therefore requested to consult and expressly and fully accept the General Terms and Conditions, as well as the special conditions applicable to the individual services, by marking the corresponding box with a cross or clicking on the link specifically provided for this purpose. In the absence of acceptance of the General Terms and Conditions and the Special Conditions applicable to the individual services, it is technically impossible to proceed to the confirmation of the booking and the purchase of the services.

The General Terms and Conditions may be amended at any time without prior notice, except for those amendments that cannot be applied to the orders already placed by the User before the amendment. The User is requested to carefully read the valid text of the General Terms and Conditions before booking and purchasing the services.

Registration on the website

Registration is reserved only for natural persons as consumers who have reached the age of majority. The “consumers” are the natural persons who do not use www.laifain.com for commercial, entrepreneurial or any professional purpose. Therefore, the provisions contained in GvD No. 206 of 6.9.2005 so-called VSG and in the Tourism Act shall be applied in addition to the general provisions applicable according to the nature of the services provided by Reisedienst Luis Pichler GmbH on behalf of laifain germäß GvD No. 70 of 9.4.2003 on information society services and electronic commerce.

Duration of the offer

The offers of the experiences and services of Reisedienst Luis Pichler GmbH on behalf of laifain are normally valid for the entire duration during which they are indicated on the website, until the exhaustion of the free places and subject to other indications included in the offers themselves. The offers are subject to change in real time. The images reproduced in the descriptions are purely illustrative and therefore not binding. Reisedienst Luis Pichler GmbH on behalf of laifain strives to provide a realistic view of the offered services through the reproduced photos and illustrations. However, the photos and illustrations reproduced in the descriptions have a purely illustrative character and are provided by the owners of the services in question and may therefore not correspond to the conditions of the facility structures and services at the time of booking. As far as the aforementioned photos and illustrations are concerned, Reisedienst Luis Pichler GmbH, on behalf of laifain, is in no way obliged to fulfill any obligation, except regarding the compliance with the category or level of service reflected in the photos and illustrations.

Prices and fees

Reisedienst Luis Pichler GmbH on behalf of laifain offers experiences and services at special prices, which have been negotiated accordingly and are publicly available. The descriptions of the experiences and services, as contained in our digital catalog, specify for each type of experience the services included in the price and any special conditions that apply to these services. The prices listed are those in effect at the time of booking. All our prices are in Euro, including VAT. According to the VAT regulation for travel agencies (art. 74 ter of the Decree of the President of the Republic of October 26, 1972, NR. 633), on all invoices issued by Reisedienst Luis Pichler GmbH on behalf of laifain, the collected VAT on the sold services is not shown separately. The price of the experiences varies depending on the period, the number of participants and the included services. Our prices are contractual rates. Therefore, once the booking has been made, no complaint can be made regarding the price of the experience. For services related to accommodation and transportation, prices are calculated based on the number of nights and not full days.

Acceptance of offer

In case of booking a service through the Internet, the user must provide the data of his credit card, which will be stored in compliance with the provisions of GvD 196/2003 and with the help of secure systems. To complete the purchase, after entering the credit card data, the user must click on the Confirmation button.

Any errors that may become known after the order has been completed and any costs incurred in correcting the same shall be borne entirely by the user, since Reisedienst Luis Pichler GmbH, on behalf of laifain, shall not be held liable for the manual entry of data during the booking process by the user.

Payments and invoicing

Payment can be made in the following ways:

Credit card or rechargeable prepaid card, which are part of the payment systems indicated on the payment page at the end of the booking.

Once the purchase has been made, a confirmation email of the requested booking will be sent to the user and the full amount of the booking will be charged. The User is the sole responsible for choosing the payment method. If he/she notices an error in the method of payment after the order has been completed, Reisedienst Luis Pichler GmbH, on behalf of laifain, cannot be held liable for this in any way and is in no way obliged to refund, even partially, the amount paid. Each time a payment is made by credit card, the user can choose whether the information of the credit card used will be stored to facilitate future payments on the website www.laifain.com. The user can also choose whether the information of the credit card used will be stored to facilitate future payments. If the User agrees to the credit card information being stored, he/she may make future purchases in such a way that he/she merely enters the expiration date of the credit card to confirm its use. The User who has chosen to store his/her credit card information may revoke this consent at any time by going to his/her personal page. The User represents that he/she is fully authorized to use the credit card used for the purchase and that its use will allow access to sufficient funds to cover all necessary expenses as the balance of the reservation. The authorization for debiting, which is thus given to Reisedienst Luis Pichler GmbH on behalf of laifain for payment of the booking, is irrevocable. Therefore, the user is not allowed to object to the payment, except in the exclusive cases of fraudulent use of the credit card by third parties. Apart from this limited circumstance regulated by law, in case of objection to the payment, the credit card holder shall be guilty of fraud against the credit card issuer. The right to object to the payment cannot replace the exclusion of the right of withdrawal. The invoice is issued at the time of booking confirmation and sent to the User electronically immediately thereafter. The invoice is issued to the natural person who made the booking, and the name indicated on the invoice cannot be changed after the sale is completed. No invoices are issued to legal entities/holders of VAT numbers. The amount stated on the invoice reflects the total amount of the experiences and services, which cannot be divided in any way or issued to other persons.

Exclusion of the right of withdrawal

It should be noted that according to Article 47, paragraph 1, letter g) of the Consumer Protection Act, the right of withdrawal is excluded in the case of contracts concluded at a distance. In terms of Article 59 VSG, GvD of 6 September 2005, No. 206, amended by GvD of 21 February 2014, No. 21, the right of withdrawal is excluded with regard to the contracts for the provision of accommodation, transportation, vehicle rental, catering or other services related to the leisure activities, if the contract provides for a specific date or period for the provision of the service. Therefore, the consumer/user who withdraws from the contract concluded through distance selling will be charged the withdrawal fees provided for and set forth in each individual service.

Handing over of the travel documents

Upon confirmation of the booking, the user will receive a summary of the booking via e-mail. The travel documents will be sent via e-mail to the e-mail address provided by the user, for all participants included in the booking, as soon as they are available and, in any case, no later than the day before the start of the trip. Should the user make a mistake in communicating his/her own data (e-mail, telephone, etc.), Reisedienst Luis Pichler GmbH, on behalf of laifain, disclaims any liability for the non-execution or incorrect execution of the trip due to the lack of receipt of the travel documents.

Administrative and health formalities

Travel is only possible in possession of an identity card or passport in good condition and valid according to the requirements of the country of destination. Typically, a valid passport is required for destinations outside the European Union. For example, some countries require that the passport be valid for a minimum of three months to a maximum of six months after the date of return, that the passenger be provided with a round-trip airline ticket or an exit form, and that the passenger have sufficient funds during the period of stay and for return to the home country. At the same time, to issue the entry visa, some countries require proof that the passenger has medical care/return insurance. We thoroughly advise the user to consult all information regarding the countries of destination, as well as the administrative and health formalities. We also strongly advise checking identification documents for validity, including those of minors, a valid identity card or passport, as well as visas and mandatory and/or recommended medical treatments. It is the responsibility of the tourist to obtain the necessary travel documents that comply with the requirements of customs and immigration, and to check any changes in the legal requirements thereof. The user must scrupulously follow these formalities and make sure that the name and surname as they appear in the travel documents (bookings, transport titles, vouchers) correspond exactly with those contained in identity cards, passports, visas, etc. Reisedienst Luis Pichler GmbH on behalf of laifain can therefore in no way be held liable for the user’s failure to comply with the aforementioned obligations, especially if the user is prohibited from entering or leaving the country or an administrative penalty is imposed. Reisedienst Luis Pichler GmbH on behalf of laifain can in no way be held responsible for the costs and consequences resulting from the non-observance of the customs or health regulations of the countries traveled to. Reisedienst Luis Pichler GmbH on behalf of laifain would like to remind you that the governmental authorities of the country of destination are the only ones who can allow or deny access to their territory. In case of denial of a visa, it is the responsibility of the user to directly contact the embassy of the country of destination in order to find out a possible appeal and the measures to be followed.

Minors

Since June 26, 2012, all minors can travel only with a personal travel document. It follows that, as of this date, all entries of minors in the passport of their parents are no longer valid.

Liability

For the offered experiences and services our partners are selected with great care. Reisedienst Luis Pichler GmbH, on behalf of laifain, disclaims any liability due to lack of or incorrect execution of any of the elements of an experience, which can be attributed to the user, to force majeure, to coincidence or to a third party that has nothing to do with the provision of the contracted service. The liability of Reisedienst Luis Pichler GmbH on behalf of laifain is in any case limited to the services purchased by Reisedienst Luis Pichler GmbH on behalf of laifain, excluding all services purchased from third parties. A possible compensation for damages, which should be owed to the user by Reisedienst Luis Pichler GmbH on behalf of laifain, is regulated by the VSG as well as by the international conventions, to the extent they are applicable.

Cancellation or change of the booking

Possible changes can be requested by phone to the customer service or in writing via e-mail to the address info@laifain.com or to the office address of Reisedienst Luis Pichler GmbH, Via Piave 14-16, 39100 Bolzano, Italy. The renunciation of the experience or of a service may imply the crediting of the full cost of the trip. In case of change requests, Reisedienst Luis Pichler GmbH, on behalf of laifain, will check the availability with the partner(s) of the services and, as soon as it is in possession of the necessary information, will send the user an estimate. The amount of the cancellation fee or rebooking fee in relation to this request will be communicated immediately to the user, who must acknowledge it to confirm his cancellation or rebooking or to cancel the request. In case of cancellation, the cost of the booking and insurance will not be refunded. Likewise, external costs not included in the experience and already assumed by the user at the effective date of the withdrawal or modification (and without this list being exhaustive: Issuance of visas, fees for vaccinations, etc.) will not be reimbursed by Reisedienst Luis Pichler GmbH on behalf of laifain.

Cancellation fee

Cancellation without cancellation fee up to 48 hours before departure.

From 48 hours before departure a cancellation fee of 100% will be charged.

If the user withdraws from the booking, for whatever reason, this in no way releases him from the payment of the cancellation fee. It is expressly agreed that any service not used by the user, especially in the case of non-appearance or late arrival at the meeting point, thus no claim to any refund is justified.

Withdrawal by the service provider

If one or more significant elements of the services included in the experience have to be substantially changed by Reisedienst Luis Pichler GmbH on behalf of laifain prior to the start of the trip, the user is free to accept the proposed change or to withdraw from the contract without paying any withdrawal costs, and Reisedienst Luis Pichler GmbH on behalf of laifain will refund all payments made by and on behalf of the user without unjustified delay and in any case within 14 days from the date of withdrawal from the contract.

If the user does not accept the proposed change, exercising the right of withdrawal, Reisedienst Luis Pichler GmbH may, on behalf of laifain, offer the user an experience of equivalent or higher quality. The user shall notify Reisedienst Luis Pichler GmbH on behalf of laifain of his decision within two working days from receipt of the notification. If no notification is made within the mentioned period, the proposed change is considered accepted.

No compensation for withdrawal from the experience is due if the withdrawal is due to the non-achievement of a possibly required minimum number of participants.

No compensation for withdrawal from the event shall be due if the organizer proves that the breach of contract is due to force majeure or coincidence.

Also, no compensation shall be due for withdrawal from an experience if the organizer proves that the lack of conformity with the contract is attributable to the traveler or a third person who has nothing to do with the provision of the contractually stipulated travel services included in the package travel contract, and this is unforeseeable and unavoidable.

Complaints

Any complaint due to defective or incorrect execution of the contract must be reported by the user on site to the organizer Reisedienst Luis Pichler on behalf of laifain and in any case immediately to the local representative/travel companion/guide, so that the organizer can provide immediate remedy, unless this is impossible or involves disproportionate costs compared to the importance of the lack of conformity and the value of the travel services concerned.

Insurances

Unless expressly included in the price, it is possible and advisable to take out, at the time of booking, a special insurance policy to cover the costs arising from cancellation of the trip, accidents and/or illnesses, including the costs of return travel and loss and/or damage to luggage.

Applicable law

The present General Terms and Conditions and the relations between the User and Reisedienst Luis Pichler GmbH, on behalf of laifain, are governed by Italian law, including the GvD of 6 September 2005, n. 206, the so-called VSG, as far as the part of distance contracts is concerned. All disputes concerning or caused by the General Terms and Conditions and/or the contractual relations entered between the Customer and Reisedienst Luis Pichler GmbH on behalf of laifain shall fall under the jurisdiction of the court of jurisdiction in which the user has his domicile or his chosen domicile.

Compulsory communication according to art. 17 of Law no. 38/2006: according to art. 17 of Law no. 38/2006, the Italian legal system punishes crimes related to prostitution and child pornography with prison sentences, even if committed abroad.

Messages to our users

For technical and/or organizational reasons, the itinerary may be changed during the booking or during the experience.

The program described below complies with all regional, national and international governmental measures in force at the time the program was prepared.

The services proposed in our programs may be subject to certain restrictions in the use and/or exercise of the program and standard services provided as a result of restrictive government measures imposed to contain Covid 19 infection. All our partners will follow the safety protocols adopted in consideration of the applicable legal requirements in the country of destination.

Nevertheless, we will make every effort to keep the offered experiences unchanged.