General Terms and Conditions of Contract

For Travel Architecture Services & Sale of Tourist Packages

Drafted in accordance with the Italian Tourism Code (D.Lgs. 79/2011) and EU Directive 2015/2302

PREAMBLE

The following General Conditions of Contract govern the dual relationship between the Traveler, the Travel Architect/Manager (Bellavita), and the Technical Travel Agency of Record (Think Blue Dolomiti Tours or equivalent partnered agency). These conditions explicitly delineate the distinct roles, financial structures, and legal liabilities involved in the design and execution of bespoke itineraries in Italy and abroad.

Article 1. Legislative Sources

1.1. The sale of tourist packages is governed by the Italian Tourism Code (Legislative Decree 23 May 2011 n.79, Articles 32–51 novies), as amended by Legislative Decree 21 May 2018 n.62 implementing Directive (EU) 2015/2302.

1.2. Where relevant, international transport conventions may apply including the Montreal Convention (1999) for international air travel and the Athens Convention (1974) for maritime transport.

Article 2. Explicit Definition of Roles (Architect vs Technical Agency)

2.1. To ensure transparency and regulatory compliance, the itinerary design and the legal sale of the tourist package are structurally separated.

• Travel Architect – Bellavita: Bellavita, operated by Simone Busin (VAT: 01270080250), provides bespoke travel architecture services including itinerary design, concierge coordination, supplier vetting, and trip flow management. Bellavita does not act as the legal organizer or seller of tourist packages.
• Technical Travel Agency – Think Blue Dolomiti Tours: The technical organization, legal sale, booking operations, supplier payments, and statutory responsibilities for the tourist package are performed by a fully licensed travel agency. For most itineraries this agency is Think Blue Dolomiti Tours, licensed in the Veneto Region, Italy, or another licensed partner agency suitable for the destination.

Article 3. Definitions

• Organizer: licensed professional combining and selling tourist packages.
• Travel Architect: designer and planner of the bespoke itinerary.
• Traveler: any person intending to conclude a travel contract.
• Tourist Service: passenger transport, accommodation, vehicle rental, or other tourist services.
• Unavoidable and Extraordinary Circumstances: situations beyond the control of the parties whose consequences could not be avoided even with reasonable measures.

Article 4. Concept of Tourist Package

4.1. A tourist package is defined as the combination of at least two different types of tourist services purchased for the same trip or holiday where the combination lasts longer than 24 hours or includes an overnight stay.

Article 5. Scope of Architectural Services and Design Fee

5.1. Bellavita charges a Travel Architecture and Management Fee covering itinerary design, supplier negotiation, logistics planning, and concierge preparation.

The Travel Architecture service includes conceptual itinerary design, logistical planning, supplier curation, and concierge coordination but does not include the direct provision of transport, accommodation, or tourist services.

5.2. This fee compensates work performed prior to travel and is therefore non-refundable once design work has commenced.

Article 5-bis. Intellectual Property and Use of Travel Design

5-bis.1. All itineraries, travel concepts, schedules, supplier selections, route structures, and travel design documents prepared by Bellavita constitute intellectual and creative work protected under applicable copyright and intellectual property laws.

5-bis.2. The traveler receives the itinerary exclusively for the purpose of evaluating and executing the travel experience through the designated technical travel agency.

5-bis.3. Reproduction, redistribution, modification, or direct booking of the itinerary components with suppliers introduced by Bellavita without proceeding through the designated agency may constitute unauthorized use of proprietary travel design.

5-bis.4. Bellavita reserves the right to claim damages where substantial elements of the itinerary are reproduced or used commercially without authorization.

Article 6. Pre-Contractual Information

6.1. Before the traveler is bound by a contract, the organizer provides mandatory information including itinerary details, total price, agency identification, and passport or visa requirements.

Article 7. Booking and Contract Formation

7.1. The booking proposal must be submitted through a formal contract proposal signed by the traveler.

7.2. The contract becomes legally binding only once the organizer confirms the booking in writing.

Article 8. Payments and Financial Structure

8.1. Payments for tourist services are processed through the financial systems of the licensed technical travel agency.

8.2. A deposit is generally required to secure reservations with third-party suppliers.

8.3. Final payment deadlines will be specified in the confirmed itinerary contract.

Article 9. Price Revisions

9.1. Price adjustments may occur in accordance with Article 39 of the Tourism Code due to transport costs, taxes, or currency fluctuations.

9.2. If the increase exceeds 8% of the total package price, the traveler may withdraw without penalty.

Article 10. Modifications by the Organizer

10.1. Minor modifications may occur prior to departure if necessary.

10.2. The organizer may cancel the contract if unavoidable and extraordinary circumstances prevent execution of the trip.

For clarity, unavoidable and extraordinary circumstances may include natural disasters, pandemics, government travel restrictions, political instability, strikes affecting transport systems, or other events outside the reasonable control of the organizer.

Article 11. Traveler Cancellation

11.1. Travelers may withdraw before departure.

11.2. Refunds depend on supplier cancellation policies.

11.3. The Bellavita design fee remains non-refundable.

Article 12. Contract Transfer

12.1. Travelers may transfer the contract to another traveler at least seven days before departure where feasible.

Article 13. Traveler Obligations

13.1. Travelers are responsible for ensuring valid travel documents, passports, visas, and entry requirements.

Article 13-bis. Traveler Health and Fitness

13-bis.1. Travelers are responsible for ensuring that they are in suitable physical and medical condition to participate in the activities included in the itinerary.

13-bis.2. Travelers must inform the organizer of any medical conditions, allergies, mobility limitations, or dietary requirements that may affect their participation.

13-bis.3. Failure to disclose relevant medical conditions may limit the ability of suppliers to provide appropriate assistance.

Article 14. Accommodation Classification

14.1. Hotel classifications follow official ratings issued by the relevant public authorities.

Article 15. Liability Regime

15.1. Bellavita is responsible for itinerary design and concierge coordination.

15.2. The licensed travel agency organizer remains legally responsible for execution of tourist services.

Article 15-bis. Independent Suppliers

15-bis.1. Transport providers, accommodation providers, guides, activity operators, and other service providers included in the itinerary are independent suppliers.

15-bis.2. Such suppliers operate under their own terms, conditions, and liability regimes in accordance with applicable laws.

15-bis.3. Bellavita acts exclusively as a travel architecture and coordination service and does not operate or control such suppliers.

Article 16. Limits of Compensation

16.1. Compensation limits follow applicable international transport conventions and Italian tourism legislation.

Article 16-bis. Transport Delays

16-bis.1. Transport schedules are subject to change by the relevant carriers.

16-bis.2. Bellavita and the organizing agency shall not be responsible for delays, cancellations, or schedule changes imposed by transport providers.

16-bis.3. Any rights relating to transport disruptions shall be governed by the applicable carrier regulations.

Article 17. Assistance to Travelers

17.1. Travelers experiencing difficulties during the trip will receive assistance including information regarding health services or consular support.

Article 18. Complaints

18.1. Any complaint must be communicated promptly during the trip to allow remediation.

Article 19. Insurance

19.1. Travel insurance covering medical emergencies, cancellations, and repatriation is strongly recommended.

Article 20. Insolvency Protection

20.1. The licensed travel agency organizer maintains insolvency protection in accordance with Article 47 of the Tourism Code to ensure refund and repatriation protection for travelers.

Article 21. Data Protection

21.1. Personal data is processed in compliance with applicable European data protection legislation.

Article 22. Applicable Law and Jurisdiction

22.1. This contract is governed by the laws of the Italian Republic.

22.2. Where legally permitted, disputes relating to the Bellavita design services shall fall under the jurisdiction of the Court of Belluno, Italy.

22.3. Mandatory consumer rights under European Union legislation remain unaffected.

Article 23. Consumer Dispute Resolution

23.1. Travelers residing in the European Union may access the European Commission Online Dispute Resolution platform for consumer disputes.

Article 24. Governing Language

24.1. In the event of discrepancies between translated versions of these Terms and Conditions, the English version shall prevail.

Contact Information

Bellavita Travel Architecture
Simone Busin
VAT: 01270080250
Italy