Guiddy General Conditions – Uskillx S.r.l.

SECTION A – TOURIST PACKAGES

Uskillx S.r.l. (Guiddy) – OrganizerThese general contract conditions (“General Conditions”) govern the sale of tourist packages by Uskillx S.r.l., with registered office at Via Campagna 11, 22100 Como (CO), VAT No. 03971220136, Civil Liability Insurance Policy No. 1/3825/319/188352884 (hereinafter “Organizer”), through the website www.guiddy.it (owned by Uskillx S.r.l.).

For information and assistance: assistenza@guiddy.it – Tel/WhatsApp +39 375 6682122.

Content of the tourist package sales contract

The following form an integral part of the travel contract, in addition to these General Conditions:

a) the description of the package contained in the quotation or travel program;

b) the booking confirmation of the requested services, sent directly by the Organizer to the traveler;

c) the specific conditions applicable to the individual package purchased.

By booking and/or signing the purchase proposal, the traveler declares, on their own behalf and on behalf of the persons for whom the service is purchased, that they have read and accepted: (i) the specific package conditions, (ii) the warnings contained therein, and (iii) these General Conditions.

1. LEGAL SOURCES

The sale of tourist packages, relating to services to be provided in national and/or international territory, is governed by Articles 32–51-novies of Legislative Decree 79/2011 (Tourism Code), as amended in implementation of Directive (EU) 2015/2302, as well as by the provisions of the Civil Code concerning transport, service contracts and agency, where applicable, and by the Navigation Code.

2. ADMINISTRATIVE REGIME

The Organizer and any seller/intermediary of the tourist package must be authorized to carry out their respective activities in accordance with applicable administrative regulations, including regional regulations.

Before concluding the contract, the Organizer and any seller/intermediary shall disclose to third parties:

the details of the insurance policy covering risks arising from professional civil liability;
the details of any optional insurance policies (cancellation, medical expenses, early return, luggage, etc.);
the details of the guarantee against insolvency or bankruptcy risks, pursuant to Article 47 of the Tourism Code.

Pursuant to Article 18 of the Tourism Code, the use in the company name or business name of the terms “travel agency”, “tourism agency”, “tour operator”, “travel broker” or similar expressions is permitted exclusively to authorized companies.

3. DEFINITIONS – Article 33 of the Tourism Code

For the purposes of this contract, the following definitions apply:

a) Organizer: the professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmits traveler data to another professional;
b) Seller: the professional, other than the Organizer, who sells or offers for sale packages combined by an organizer;
c) Traveler: anyone who intends to conclude a contract, concludes a contract, or is entitled to travel under a concluded contract;
d) Unavoidable and extraordinary circumstances:a situation beyond the control of the party invoking it, the consequences of which could not have been avoided even by taking all reasonable measures;
e) Lack of conformity: failure to perform the tourist services included in a package;
f) Return: the traveler’s return to the place of departure or another agreed place.

Qualified Guide

By Qualified Guide we mean any professional duly licensed under applicable regulations, including, by way of example and not limited to: Mountain Guide, Mid-Mountain Guide (AMM), Environmental or Tourist Hiking Guide, UIAGM Mountain Guide, as well as any other professional figure recognized and authorized to carry out the specific activity.

Coordinator

By Coordinatorwe mean an organizational contact person who is not a licensed professional guide, appointed exclusively to perform logistical, organizational and group coordination functions, without carrying out accompaniment or technical guiding activities.

4. DEFINITION OF TOURIST PACKAGE – Articles 32, 33 and 35 of the Tourism Code

A tourist package is the combination, for the same trip or vacation, of at least two different types of tourist services, such as:

1. passenger transport;
2. accommodation not forming part of transport and not intended for residential purposes;
3. rental of cars, other vehicles or motorcycles requiring an A license;
4. any other tourist service not ancillary to those listed above and not financial/insurance-related, if one of the conditions provided for by the Tourism Code applies (single contract, all-inclusive price, use of the term “package”, linked booking processes, etc.).

The traveler is entitled to receive a copy of the tourist package sales contract (Article 35). The contract constitutes proof for access to any compensation in the event of insolvency or bankruptcy of the Organizer, within the limits of the law and applicable guarantees.

The exclusions provided for by the Tourism Code remain applicable (duration < 24 hours without overnight stay; general B2B agreements).

5. PRE-CONTRACTUAL INFORMATION TO THE TRAVELER – Article 34 of the Tourism Code

Before concluding the contract, the Organizer and any seller provide the traveler with the information required by Article 34 and make available the standard information form set out in Annex A (Part I or Part II) of the Tourism Code.

The Organizer also prepares a technical data sheet containing the legally required information (company details and contacts, total price and costs, payment methods, minimum number of participants, documents, health requirements, withdrawal, insurance, guarantee details pursuant to Article 47).

6. TOURIST PACKAGE CONTRACT – Articles 36 and 37 of the Tourism Code

Through the dedicated section of the website www.guiddy.it the traveler may purchase a tourist package for themselves and for other persons. The user selects the available options and pays the indicated price after verifying the order summary.

Minimum number of participants: if provided, the package is confirmed upon reaching the minimum number. If not reached, the Organizer sends written notice and refunds the full amount paid within the legal timeframe (Article 41, paragraph 5, letter a), where applicable). Alternatively, the Organizer may propose enjoying the package with a possible surcharge, if technically and contractually feasible, leaving the traveler free to choose.

The purchase proposal is drawn up on a durable medium, including electronic, and the contract is concluded upon the sending of the booking confirmation by the Organizer.

Special requests (reduced mobility, special meals, etc.) must be made at the time of booking and are binding on the Organizer only if expressly accepted.

7. PAYMENTS

Unless otherwise provided in the pre-contractual information or in the specific conditions of the package, the full price of the package is due at the time of purchase. Payment is deemed made when the amounts are received by the Organizer.

Failure to make payment by the deadlines results in automatic termination of the contract pursuant to Article 1456 of the Civil Code, communicated in writing, including to the traveler’s electronic address.

8. ASSIGNMENT OF THE CONTRACT – Article 38 of the Tourism Code

The traveler may be replaced by another person provided that:

a) the Organizer is informed on a durable medium at least 7 days before the start;
b) the assignee meets the conditions for use;
c) the replacement is possible for the included services;
d) the assignor and assignee jointly reimburse the price and reasonable additional costs of the assignment, quantified prior to the assignment.

9. PRICE – Article 39 of the Tourism Code

The price is determined in the contract with reference to the online catalog/program and related updates.

The price may vary only due to: transport costs (fuel), duties/taxes, exchange rates. Changes are permitted within the limits and methods set out in Article 39, including clear and precise communication on a durable medium at least 20 days before departure.

10. MODIFICATION OR CANCELLATION BEFORE DEPARTURE – Article 40 of the Tourism Code

The Organizer may unilaterally modify conditions other than the price only if the change is insignificant and with clear communication on a durable medium.

If before departure the Organizer must significantly modify the main characteristics, cannot meet accepted special requests, or proposes a price increase exceeding 8%, the traveler may accept or withdraw without withdrawal fees, pursuant to Article 40.

In the event of withdrawal, the Organizer refunds within 14 days. An equivalent or higher replacement package may be offered; if lower, a price reduction applies.

Any provisions regarding compensation or damages shall be applied within the limits and according to the requirements provided for by the Tourism Code.

11. TRAVELER’S WITHDRAWAL BEFORE DEPARTURE – Article 41 of the Tourism Code

The traveler may withdraw without penalties in the cases provided for by Article 41 (price increase >8%, significant modification not accepted, inability to meet accepted requests).

Withdrawal at any time before departure: application of withdrawal fees according to the specific conditions of the package and Article 41.

Credit (voucher): where provided by the specific conditions, if withdrawal occurs within the indicated deadline, the Organizer may grant the traveler a credit of equal amount usable for future purchases on the website, in accordance with the wallet/credit conditions indicated on the platform and in compliance with applicable regulations.

In the event of unavoidable and extraordinary circumstances at the destination or in its immediate vicinity that substantially affect the performance of the package or transport, the traveler has the right to withdraw before departure without costs and to a full refund of payments made, as provided for by Article 41.

12. OBLIGATIONS OF TRAVELERS

Travelers must verify documents and health requirements (for Italians: official channels, including www.viaggiaresicuri.it), act with prudence and diligence, comply with the information and instructions provided by the Organizer and with the rules in force in the destination countries. The traveler is responsible for damages resulting from non-compliance, within the limits of the law.

13. HOTEL CLASSIFICATION

The classification is that officially recognized by the destination country; if unavailable, the Organizer may provide an equivalent description for informational purposes.

14. ORGANIZER’S LIABILITY – MODIFICATIONS AFTER DEPARTURE – Article 42

The Organizer is responsible for the performance of the included services, pursuant to Article 42. The traveler must promptly report any lack of conformity. Remedies, price reduction, termination, return and assistance are governed by the Tourism Code.

15. SELLER’S LIABILITY – Articles 50–51 quater

If present, the seller is liable for the performance of the intermediation mandate with professional diligence. Limitation period for compensation claims: 2 years from return, unless otherwise provided by law.

16. PRICE REDUCTION, COMPENSATION, LIMITATION PERIOD – Article 43

Rights and limitation periods pursuant to Article 43 and applicable regulations.

17. COMPLAINTS – Article 44

Requests and complaints may be addressed to the seller through whom the purchase was made (if different), who forwards them to the Organizer, or directly to the Organizer at the indicated contacts.

18. OBLIGATION TO PROVIDE ASSISTANCE – Article 45

The Organizer provides adequate assistance to travelers in difficulty pursuant to Article 45; a reasonable cost may be charged if the problem is caused intentionally or by the traveler’s fault, within the limits of the expenses incurred.

19. TRAVELER PROTECTION – Article 47

Uskillx S.r.l. has insolvency protection with Nobis S.p.A. pursuant to Article 47 of the Tourism Code. The protection guarantees, within the cases and limits of the law, refund of payments and, if transport is included, repatriation.

20. ALTERNATIVE DISPUTE RESOLUTION TOOLS (ADR)

The Organizer may propose ADR/ODR methods pursuant to Legislative Decree 206/2005 (Consumer Code), indicating their type and effects on the website or in contractual documents.

21. MANDATORY NOTICE (Law 38/2006)

Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad.

21-bis. INFORMED CONSENT, ASSUMPTION OF RISK AND CONDUCT OBLIGATIONS (OUTDOOR ACTIVITIES)

The participant declares to participate voluntarily and to be fit, undertaking to arrive with appropriate equipment. They are aware that activities take place in a natural environment and involve objective, unavoidable risks (sudden weather changes, slipping, falling rocks, snow/ice in season, uneven terrain, fatigue), accepted within the limits of residual unavoidable risk, even in the presence of a qualified guide.

The participant undertakes to strictly comply with the instructions and decisions of the qualified guides and/or the organization and, where applicable, the Coordinator, before, during and after the activity. They declare not to be under the influence of alcohol/substances/medications that alter abilities and not to have relevant conditions that have not been disclosed.

For safety reasons, qualified guides and/or the organization may modify/postpone/suspend the activity or exclude a participant who is unfit or non-compliant, without prejudice to mandatory rights and applicable conditions.

In activities “with coordinator” or “self-managed”, the Coordinator does not perform technical guiding; each participant remains responsible for their own conduct and progression on non-alpine hiking routes.

Within the limits of the law, the participant indemnifies Uskillx S.r.l., qualified guides, Coordinators and collaborators from liability for events/injuries arising from imprudent/negligent personal conduct, failure to comply with instructions or typical unavoidable risks; intent or gross negligence and mandatory consumer rights remain excluded.

21-ter. CAR-POOLING

Any shared transfers between participants (car-pooling) constitute private agreements. Uskillx S.r.l. assumes no role as carrier nor liability for events arising from road traffic, which remain the responsibility of the involved parties under the law.

SECTION B – SINGLE TOURIST SERVICES

Uskillx S.r.l. (Guiddy)

These conditions govern the sale of single tourist services (e.g. transport only, accommodation only, individual excursions/trips lasting less than 24 hours without overnight stay, or other separate services) purchased through www.guiddy.it

Contacts: assistenza@guiddy.it – Tel/WhatsApp +39 375 6682122.

Uskillx S.r.l.: Via Campagna 11, 22100 Como (CO) – VAT No. 03971220136

1. LEGAL PROVISIONS

Contracts relating to single tourist services do not, as a rule, constitute a tourist package and do not benefit from the protections provided by Directive (EU) 2015/2302 for packages, unless otherwise qualified by law.

The conditions and characteristics of the booked service are set out in the voucher/transport ticket/travel document sent to the traveler. In addition to the Civil Code and special regulations, the conditions established by the individual supplier apply (including cancellation/modification penalties).

2. BOOKING DATA

The traveler undertakes to verify that the personal data provided are correct and match the identity documents and that the booking details (dates, names, destination) are correct.

3. PERSONAL DOCUMENTS

To use the services, it is necessary to be in possession of suitable documents (identity card, passport, visas) and any requirements imposed by the supplier and the competent authorities.

4. WITHDRAWAL AND REFUND (CREDIT)

The traveler may withdraw before the start of the activity, in accordance with the specific conditions of the purchased service and, where applicable, the supplier’s conditions.

If withdrawal occurs within the deadlines indicated in the specific conditions, the organization may grant a credit of equal amount usable for future purchases on www.guiddy.it, in accordance with the wallet/credit rules on the platform. Beyond such deadlines, no refund/credit may be granted, unless mandatory rules or more favorable conditions apply.

In the event of cancellation or postponement of the activity for organizational reasons, the organization may grant a credit of equal value if the traveler cannot participate on the new date, according to the applicable conditions.

5. NON-APPLICABILITY OF THE TOURISM CODE (ACCORDING TO LEGAL QUALIFICATION)

In the case of purchase of a single tourist service, responsibility for the performance of the service lies with the supplier, within the limits provided by the supplier’s conditions and applicable law. Uskillx S.r.l. is responsible for the performance of the sales mandate with professional diligence.

6. DEFINITIONS – Article 33 of the Tourism Code

For the purposes of this contract, the following definitions apply:

a) Organizer: the professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmits traveler data to another professional;
b) Seller: the professional, other than the Organizer, who sells or offers for sale packages combined by an organizer;
c) Traveler: anyone who intends to conclude a contract, concludes a contract, or is entitled to travel under a concluded contract;
d) Unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking it, the consequences of which could not have been avoided even by taking all reasonable measures;
e) Lack of conformity: failure to perform the tourist services included in a package;
f) Return: the traveler’s return to the place of departure or another agreed place.

Qualified Guide

By Qualified Guide we mean any professional duly licensed under applicable regulations, including, by way of example and not limited to: Mountain Guide, Mid-Mountain Guide (AMM), Environmental or Tourist Hiking Guide, UIAGM Mountain Guide, as well as any other professional figure recognized and authorized to carry out the specific activity.

Coordinator

By Coordinator we mean an organizational contact person who is not a licensed professional guide, appointed exclusively to perform logistical, organizational and group coordination functions, without carrying out accompaniment or technical guiding activities.

6-bis. INFORMED CONSENT, ASSUMPTION OF RISK AND CONDUCT OBLIGATIONS (OUTDOOR ACTIVITIES)

6-ter. CAR-POOLING

Any shared transfers between participants (car-pooling) constitute private agreements. Uskillx S.r.l. assumes no role as carrier nor liability for events arising from road traffic.

6-quater. MANDATORY NOTICE (Law 38/2006)

Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad.