The Contractor and FGM srl, which operates by offering its clients a wide range of tourist services, agree that the contractual relationship will observe the following Contractual Conditions
Article 1 (Value of the introduction and definition)
1.1 This tourist service contract and the other introductions are an integral and essential part of the agreed terms
1.2 Definitions: “contracting party” is the natural or legal person who requests, for themselves or on behalf of others, the purchase of a tourist service published on the blusardegna.it site of FGM srl. A tourist service means the booking and purchase of a stay in a holiday home or apartment in a Residence.
Article 2 (Subject of the contract)
The subject of this contract is present in the “proposal for the sale of tourist services contract and includes the CONTRACTUAL CONDITIONS, and must be understood as fully expressed in this document.
Article 3. (Regulation).
3.1 The purchase of a tourist service through FGM srl creates a contract between the contractor and FGM srl via the Blu Sardegna.it site. This contractual relationship is governed by the rules, regulations, and conditions applied to each individual supplier. 3.2 This contract between Blu Sardegna and the contractor is governed not only by the agreed terms mentioned here but also by the provisions of the Travel Contract the contractor has received and the International Convention on Travel Contracts (CCV), signed in Brussels on 23 Apr 1970, in Italy with the law of 27 December, 1977 n. 1084.
Article 4. (on booking)
The telematic tourist services sold (“online”), to any user proposed, are offered for sale in Italy and the contacts closed in Italy, in particular, the contracts will be considered closed in Budoni (OT) at the moment when the company FGM srl receives the communication of acceptance of the tourist service sales contract proposal by the contractor. Acceptance can be communicated in the following ways – by transferring the contract with the acceptance of the counterpart; – by forwarding an email to the email address, blusardegna.it attaching the sales proposal and the declaration of acceptance of the contract by the contractor; -. by clicking on the virtual button on the blusardegna.it site (point and click) The contract is, in any case, subject to the availability of the tourist service and presented to the remittance of a deposit by the contractor as per article 5.
Article 5 (Price and payment).
5.1. The price of each tourist service, as well as the price of any charges borne by the contractor (for example, additional costs to be paid on-site for the requested services), can be seen on the blusardegna.it site and is included in the tourist services sales contract proposal mentioned here.
5.2. GENERAL CONDITIONS Deposit/Payment A charge of 30% of the total amount of the stay is required at the time of booking confirmation. This amount must be paid within 24 hours from the acceptance of the summary proposal of tourist services by bank transfer or credit card. The balance must be duly paid to FGM srl 7 days before the arrival date. If there are less than 7 days from the arrival date, then the total amount is paid at the time of booking. If payments are not made as established by this contract, the termination clause will be applied to the extent of the termination of the contract for default or the cause of the contractor. It is agreed that the company FGM srl is authorised by the contractor to retain the amount paid as a deposit as compensation for expenses and damages, it is understood to have the right to claim compensation for any other damage
5.3 NON-REFUNDABLE RATE CONDITIONS Deposit/Payment The full amount of the stay will be charged at the time of booking.
Article 6 (Withdrawal)
6.1 Without penalty. The contractor has the right to withdraw from the contract without Penalties in the following cases: – price increase, as per article 5, more than 10%; – significant modification of one or more elements of the contract considered essential for the enjoyment of the tourist service proposed by FGM srl after acceptance of the contract, but in any case before the departure date, not accepted by the contractor. In the cases mentioned above, the contractor has the right to obtain: -enjoyment of a similar alternative tourist service, without price increase and with the return of the surplus on the price, in case the second tourist service has a lower price than the first; -the return of the amount already paid. This return must be made within seven working days from the receipt of the refund request. The contractor must communicate their decision (to accept the modification or the revocation) within two working days from the moment they received the notice of increase or modification. In the event that the communication by the contractor is not received within the terms of the proposal, the company FGM srl is considered accepted.
6.2 With penalty. The contractor has the right to withdraw from the contract before the enjoyment of the tourist service purchased from FGM srl with the payment of a penalty, along with the duties and obligations for the cancellation of services. No refund to the contractor, or any of the other persons indicated in the contract, is due if the stay is interrupted once already started.
Article 7 (Cancellation Terms)
GENERAL CONDITIONS In case of cancellation or changes made up to 7 days before the expected arrival date, no cost will be charged. In case of cancellation or modification made after this term or no-show, the full amount of the stay will be charged. NON-REFUNDABLE RATE CONDITIONS In case of cancellation, changes, or no-show, the full amount of the stay will be charged.
Article 8 (Substitution)
The contractor, or any other of the persons indicated in this contract, provided agreed with Blu Sardegna in writing, within 4 days before the start of the stay, can substitute the name of the beneficiary of the tourist service without additional costs.
Article 9. (Obligations)
The contractor and the other persons who will enjoy the tourist service are obliged to be equipped with an individual identity document or passport (or any other valid document).
Article 10
Blu Sardegna guarantees that the information on the Blusardegna.it website is accurate and up-to-date.
Article 11 (Interpretative clause)
The contractor and the company FGM srl declare that the agreement present in this contract concerns the sale of tourist services. The contractor declares and accepts the choice on the Blusardegna.it site.
Article 12 (Complaints and reports)
The contractor must promptly respond to any absence in the execution of the contract to the supplier. The complaint must be communicated on-site or by registered letter A/R within ten working days from the completion date to the following address: Blu Sardegna via Nazionale 27, 08020 Budoni (OT).
Article 13 (Place of competent clause / arbitration)
Any dispute arising from this contract must take place exclusively in Nuoro. This is a procedural condition in any legal action by the contractor against FGM srl the accusation with an introductory act copy of this contract signed by the contractor. By law, and in particular art. 1341 and 1342 of the civil code, the contractor approves, after reading and understanding, on their own, and also on behalf of the other persons who will enjoy the tourist service, the following contractual clauses: art. 5 (Price and payment), points 5.1- 5.2 and 5.3, art. 6 (cancellation), points 6.1 without penalties and 6.2 with penalty, art.7 (modification or cancellation), art. 13 (competent court). Mandatory communication pursuant to art. 16 law. 269/98 Italian law punishes with imprisonment crimes related to prostitution and child pornography, even if these are carried out abroad.
