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GENERAL CONTRACT CONDITIONS FOR THE SALE OF PACKAGE HOLIDAYS

The booking of package holiday services (the “Services”) is regulated by these general conditions (the “T&C”) and by the general conditions of use of the www.lastminute.com website (the “Website”). The Services on the Website are provided by Bravonext SA (a Swiss company which belongs to the lastminute.com group and is based in Chiasso, Vicolo de' Calvi 2) (hereinafter "Bravonext”). Bravonext’s Air Travel Organiser’s License (ATOL) number is 11082. The use of the Services implies the Consumer's acceptance of the General Conditions set out below and of the General Conditions of Use of the Website. Under these T&C, the credit or debit card payment processing services for goods and/or services booked/purchased on the Website are provided by Bravonext’s parent company lastminute.com NV (a Dutch company, with company number 34267347) on behalf of Bravonext.

1. REGULATORY SOURCES

The online booking/sale of package holidays, via the Website, that include services to be provided either in the UK or abroad, is governed by Swiss law and/or the law of the country where the User (as defined in section 4) resides, and in any event with the law applicable to the User and/or in accordance with the application of such foreign law by virtue of private international rules.

2. AUTHORISATIONS

The Organiser (as defined in section 4) and the Vendor (as defined in section 4) of the package holiday must be authorised to carry out their respective business in accordance with applicable administrative regulations. Bravonext has obtained such authorisations.

3. ATOL financial protection

Bravonext provides full ATOL financial protection for all its Flight + Hotel bookings.

For flight-based Flight + Hotel bookings, financial protection is provided through Bravonext’s Air Travel Organiser’s License (ATOL) number 11082. Users who make a Flight + Hotel booking with Bravonext will receive an ATOL Certificate. This lists what parts of their booking are financially protected, where they can get information on what this means for them and who to contact if things go wrong.

Bravonext will provide ATOL protected Users with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where Bravonext isn’t able to do so for reasons of insolvency, an alternative ATOL holder may provide the User with the services they have bought or a suitable alternative (at no extra cost to the User). Users agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and agree to pay any money outstanding to be paid by them under their contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case they will be entitled to make a claim under the ATOL scheme (or their credit card issuer where applicable).

If Bravonext is unable to provide the services listed on the ATOL certificate (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) the User under the ATOL scheme. Users agree that in return for such a payment or benefit they assign absolutely to those Trustees any claims which they have or may have arising out of or relating to the non-provision of the services, including any claim against Bravonext, the travel agent (or their credit card issuer where applicable). Users also agree that any such claims may be re-assigned to another body, if that other body has paid sums they have claimed under the ATOL scheme.

4. DEFINITIONS

For the purposes of these T&C:

a) the “Organiser” is the party that undertakes, in its own name and in return for a lump-sum price, to provide package holidays to a User, offering the combination of elements referred to in section 5 below;

b) the “Vendor” is the party that, even if not professionally and not for a profit, sells or undertakes to provide to a User: (i) a package holiday created pursuant to section 5 below, in return for a lump-sum price; or (ii) individual travel services;

c) the “User” is the principal contractor or any person to whom the principal contractor agrees to purchase the package (“the other beneficiaries”) or any person to whom the principal contractor or any of the other beneficiaries transfers the package (“the transferee”).

5. PACKAGE HOLIDAYS

A “package holiday” is defined as follows: A package holiday is an all-inclusive trip or holiday, resulting from the pre-set combination of at least two of the following services, which are sold or offered for sale at a lump-sum price and which last more than 24 hours or a period of time that includes at least one night:

  • transportation;
  • accommodation;
  • tourist services that are not ancillary to transportation or accommodation, and that are a significant part of the package holiday.

When a User books a package holiday, they are entitled to receive a copy of the contract of sale of the package holiday. A copy of the contract is emailed by Bravonext when confirming the User's booking.

The User is also entitled to receive a copy of the travel documents relating to their package holiday, which will be emailed by Bravonext to the User 48 hours before the departure of their package holiday.

6. MANDATORY INFORMATION - TECHNICAL DATA

By law, the Organiser is required to provide certain technical data to Users (which is set out at the end of these T&C). This mandatory information includes:

  • details of the Organiser's public liability insurance policy;
  • period of validity of the catalogue or of the out-of-catalogue programme;
  • terms and conditions for passenger replacement;
  • parameters and criteria for price adjustment.

The Organiser will also give Users the details of the actual carrier/s that will provide the transportation in their package holiday.

7. BOOKINGS

The booking request made by a User via the Website, after reading and accepting these T&C, is an irrevocable contract offer for a period of three days for the booking of the package holiday chosen by the User. The User accepts these T&C on behalf of all the people interested in the booking.

The User is required to duly provide to Bravonext all data required for the purchase and payment of their booking.

The User's booking is deemed accepted, and thus the contract is concluded, only when the User receives from Bravonext a confirmation email. The User is always required to report, during the booking process, any special needs or conditions that they have (pregnancy, food intolerances, disability, etc.), and to specify their requests for any corresponding personalized services. Bravonext does not guarantee that any special requests made by a User will be catered for by the relevant supplier(s) of the package holiday.

8. PAYMENTS

Unless otherwise specified during the booking process, by booking a package holiday, a User is required:

a) In case of booking request is made more than 40 days before the departure date (excluding the 40th day), pay the total price or a deposit equal to 25% of the total price of the package holiday and the balance at least 30 days before the departure date. The payment for the balance will be charged directly to the credit or debit card used to make the booking, unless the User requests to pay with an alternative credit or debit card by contacting us before the due date, following the instructions communicated via e-mail.

b) In case of booking request is made 40 days or less before the departure date, pay the total price of the package holiday in single or multiple instalments, by choosing one of the payment methods shown on the Website at the time of booking. In case of choosing to pay in several instalments, the balance must be paid in full within 72 hours of receiving an email from Bravonext accepting the User's booking request. The payment of the balance will be charged directly to the credit or debit card used to make the booking, unless the User requests to pay with an alternative credit or debit card by contacting us before the due date, following the instructions communicated via e-mail.

Under these T&C, the credit or debit card payment processing services for goods and/or services booked/purchased on the Website are provided by Bravonext’s parent company lastminute.com NV (a Dutch company, with company number 34267347) on behalf of Bravonext. With this in mind, and in particular our responsibility towards protecting User data provided to complete the payment, the Company utilises codification and tokenization techniques (complying with security standards established by the Payment Card Industry - PCI), meaning your information is protected by alternative alpha-numeric codes that protect from any unauthorised use by third parties.

In the event a User submits a booking request in line with paragraph a) or b) above, any booking requests that are not accompanied by the balance of the entire price of the package holiday may not be satisfied by Bravonext. However, the receipt by Bravonext, even in part, of the price of the package holiday makes the User’s booking request irrevocable.

Non-payment of the total price for the package holiday within the required deadline automatically triggers Vendor's termination of the contract with the User. Following this contract termination, the Vendor may retain the amount paid by the User at the time of booking as an advance of the damages incurred, typically established at the rate of 90% of the total price of the chosen holiday package. The User gives their full consent to Bravonext to directly charge the card used for the booking, to recover the difference between the amount paid for the booking (deposit) and the remaining penalty.

If the User's booking is not confirmed by the Organiser, Bravonext will promptly notify the User and will refund them for the amount paid for the package holiday booking. In the case of credit card payments, the amount refunded to the User will be paid back directly into the credit card used by the User when making their booking.

9. PRICE

Unless otherwise specified in the offer, offer prices do not include:

  • Insurance policies, of which the premium (price) is specified before order confirmation;
  • Departure tax charged by certain countries, which is to be paid in cash on site at check-in;
  • Excess baggage charges due depending on airline regulations;
  • Parking charges at airports;
  • Visa charges and expenses for administrative and medical formalities that are mandatory for the trip: vaccination, medical care and treatments, etc.;
  • Tourist tax;
  • Single supplements, of which the price is specified before order confirmation;
  • Meals not included in the chosen package and those consumed during stopovers;
  • Beverages consumed during meals (including bottled water if the hotel does not have potable water);
  • Charges for phone calls;
  • Visits and tours, tickets for museums and monuments;
  • Activities that are not free of charge;
  • Personal expenses;
  • Mandatory tipping in some countries;
  • Tips usually given to tourist guides and/or drivers.

The prices of package holidays, as specified in the offer/booking information published on the Website, may be changed by Bravonext up to 20 days prior to the date of departure, in the event that there are changes in:

  • transportation costs, including fuel and insurance costs;
  • exchange rates applied to the package holiday in question; and/or
  • fees and taxes for certain types of tourist services such as charges, landing fees, disembarking or boarding fees in ports and airports.

To calculate these changes, reference will be made to the standards chosen by Bravonext as reported in its Technical Data.

Any changes to the price of a package holiday may also be communicated after Bravonext’s confirmation of the User's booking request.

10. PACKAGE HOLIDAY CHANGES OR CANCELLATIONS PRIOR TO DEPARTURE

Before the date of departure of a package holiday, if the Organiser or Vendor needs to significantly change one or more elements of the contract they will give immediate written notice to the User, specifying the type of change and the ensuing new price of the package holiday.

If the User does not accept the proposed change referred to above, the User may either receive a refund of the sum they have paid for the package holiday, or enjoy an alternative package holiday in accordance with section 12.

The User may exercise the rights specified in the paragraph above even when the package holiday is cancelled due to the number of participants being lower than the required minimum number as is indicated on the Website, or to force majeure and unforeseeable circumstances, related to the package holiday they have purchased.

In case of cancellations due to reasons other than force majeure, unforeseeable circumstances, an insufficient number of participants or the User's non-acceptance of the alternative package holiday offered to them, the Organiser that cancels the package will refund to the User an amount that is double the specified percentages (which percentages vary in accordance with the timing of the cancellation of the package holiday) that are outlined in paragraph 7 of the Technical Data, which is set out at the end of these T&C.

11. CHANGES AFTER DEPARTURE

If the Organiser is unable to provide, after the User's departure, an essential part of the package holiday services covered by the contract, for any reason other than a reason attributable to the User, the Organiser will be required to provide alternative services, at no extra cost to the User; if the services supplied are of a lower value than those originally purchased by the User, the Organiser will refund the User the difference. If it is not possible for the Organiser to provide alternative services, or if the services provided by the Organiser are rejected by the User for serious and justified reasons, the Organiser will provide, at no extra cost, an equivalent means of transport to the one originally purchased by the User and return the User to the place of departure or to a different place as agreed by the parties, in accordance with means/place availability, and will refund the User for the difference between the cost of the services originally purchased and that of the services actually performed until the date of the User's early return from the package holiday.

12. REPLACEMENTS OF USERS

In the event that a User wishes to cancel their booking, they may be replaced on the booking by another person provided that:

a) the Vendor is notified in writing at least 4 working days before the date of package holiday departure, receiving a simultaneous notice indicating the details of the transferee;

b) the transferee meets all the conditions for the use of the package holiday service and, in particular, all passport/visa/health certificate conditions;

c) it is possible for the same package holiday services or other substitute services to be provided to the transferee; and

d) the transferee pays back to the Vendor any additional costs borne by it in order to facilitate such replacement of the package holiday booking, to the extent such costs have been notified to the transferee prior to the transfer. The transferor and transferee are jointly and severally liable for payment of the balance of the purchase price and of the amounts referred to in this paragraph d). Additional terms and conditions for the replacement of Users are set out in the Technical Data.

13. USER'S WITHDRAWAL

The User may withdraw from the contract for their package holiday without any penalty, in the following cases:

a) there is an increase of more than 10% in the purchase price of the package holiday, as regulated by section 8 above; or

b) there are significant changes in one or more elements of the package holiday contract that can be objectively regarded as fundamental for the purposes of enjoyment of the package holiday when taken as a whole, which are proposed by the Organiser after the contract is concluded but before the departure date, and such changes are not accepted by the User.

In the above cases, the User may:

  • enjoy an alternative package holiday, at no extra cost, and receive a refund for any price excess if the value of the replacement package holiday is lower than the package holiday they originally purchased; or
  • be refunded solely for the portion of the purchase price that has already been paid by the User.

The User shall give the Organiser notice of their decision (whether to accept the alternative package holiday, or to withdraw from the contract and receive a refund of the portion of the purchase price already paid) within two working days of receipt from the Organiser of the notice of the price increase or change to the package holiday they originally purchased. Failing the Organiser’s receipt of an express notice within the said timeframe, the Organiser's proposal is deemed to be accepted by the User. 

In addition, except as otherwise provided by these T&C, the User cannot withdraw from or automatically cancel bookings and/or purchases of Services made via the Website (an option that is sometimes available in case of distance and off-premises contracts). The User does not have the automatic right to withdraw from or cancel their booking or purchase under the UK Consumer Protection (Distance Selling) Regulations 2000, or other equivalent or replacement consumer legislation that may apply from time to time, because parts of this legislation do not apply to contracts for the provision of accommodation if the contract provides for a specific date or period of performance.

Other than in the cases listed in this section 13, in the event that a User withdraws from the package holiday contract prior to the date of departure, the User will be charged (regardless of any deposit that has been paid)– the amount of any individual management costs incurred in connection with such withdrawal, as well as the penalty set out in the Technical Data which is set out at the end of these T&C. The User gives their full consent to Bravonext to directly charge the card used for the booking.

14. OBLIGATIONS OF USERS

All passengers are required to check for any applicable travel updates affecting their package holiday by referring to the authorities in charge of providing information on the regulatory and administrative measures in force in their destination country. In the event that passengers fail to check this information, the Vendor and/or the Organiser will not be liable for the non-departure of the package holiday. Users will inform the Vendor and the Organiser about their nationality and, at the time of their departure, they will make sure that they hold the vaccination certificates, passports, visas and any other valid documentation required for all countries included in the package holiday, as well as any stay/transit visas and any health certificates which may be required.

In addition, in order to evaluate the health and safety conditions in the destination countries and therefore the User’s likely actual enjoyment of the services purchased or to be purchased, the User is required to collect official information from the competent authorities of their own country, checking whether the authorities advise against travel to the destination countries included in the package. Users will also act in accordance with ordinary prudence and care standards and with the specific standards in force in the destination countries of the package holiday, with any information provided by the Organiser and with any regulations, administrative or statutory rules related to the package holiday. Users will be accountable for all damages caused by them to the Organiser and/or Vendor as a result of the User's non-compliance with the obligations referred to in this section 14.

The User is required to provide the Organiser with all documents, information and data in his possession to enable the latter to exercise its right of subrogation vis-à-vis any third parties responsible for damages, and the User is accountable to the Organiser for any prejudice to this right.

The User shall duly provide all data required and necessary for the Website’s booking and payment processes, and will give written notice to the Organiser, at the time of making their booking, of any personal requests they may have, which may be the object of specific agreements on travel conditions provided that these requests can be satisfied.

The User is at all times required to inform the Vendor and the Organiser of any special needs or conditions (pregnancy, food intolerances, disability, etc.), and to specify their requests for any corresponding personalized services. The Organiser does not guarantee that any special requests made by a User will be catered for by the relevant supplier(s) of the services.

15. HOTEL CLASSIFICATION

Information about the official hotel classification is given on the Website only where it is expressly and formally indicated by the competent public authorities of the country where the hotel is located; in the absence of an official classifications recognized by the competent public authorities of the relevant country (including any EU-country), it is established by the Organiser according to its own quality assessment standards.

16. LIABILITY

The Organiser is liable for damage caused to the User by reason of its total or partial failure to provide the contracted package holiday services, regardless of whether these are supplied by the Organiser itself or by third party suppliers, unless it proves that such failure is attributable to: (i) the User (including acts taken autonomously thereby, in the course of the supply of the package holiday services); (ii) circumstances that go beyond the supply of the contracted package holiday services; (iii) unforeseeable circumstances; (iv) force majeure; or (v) circumstances that the Organiser itself could not, according to professional diligence standards, reasonably foresee or resolve.

The Organiser is not liable in any event for the User's inaccurate or incomplete supply of their personal data during the booking and purchase process, or for personal data that is inaccurately communicated by the User to Bravonext's staff. Therefore, the User is exclusively liable for any consequences arising from the inaccurate or incomplete recording of such data or from its inaccurate or incomplete communication.

17. COMPENSATION LIMITS

The compensation payable by the Organiser will not in any case exceed the indemnities provided for in international conventions, in relation to the package holiday services whose non-performance gives rise to the Organiser’s contractual or non-contractual liability: namely, the Warsaw Convention 1929 on international carriage by air, as amended in 1955 at The Hague; the Berne Convention (CIV) on carriage by rail; the Paris Convention 1962 on the liability of hotel keepers; the Brussels Convention 1970 (CCV) on the Organiser's liability. In any case, compensation for damages other than personal injuries will not exceed the amount of "2,000 gold Germinal Francs for damage to property" and “5,000 gold Germinal Francs for any other damage".

If the original text of the above mentioned conventions is amended, or if new international conventions on the services covered by package holidays come into force, the compensation limits laid down in the laws in force at the time of the damage will apply to a User’s contract.

18. ASSISTANCE OBLIGATION

The Organiser shall assist the User in accordance with professional care standards solely in relation to its statutory and/or contract obligations. Without prejudice to the cases of strict liability regulated by special rules, the Organiser and the Vendor are not liable for non- or inaccurate performance of a package holiday contract where this is attributable to the User or to an unforeseeable or unavoidable third party factors, or to unforeseeable circumstances or force majeure.

19. COMPLAINTS AND CLAIMS

Any failure arising during the performance of a package holiday contract shall be promptly reported by the User in order to enable the Organiser, its local representative or the tour guide to remedy it in a timely manner. The User will also be required, and if they do not their complaint will not be valid, to make a formal complaint by sending a registered letter, with return receipt, to the Organiser or Vendor, within ten working days of their return to their country departure. Non-submittal of the complaint may be taken into account when quantifying the damage payable to a User.

20. INSURANCE

If the package holiday purchased on the Website includes insurance policies that cover costs arising from cancellation of the package holiday, accidents and baggage claims, these will be subject to the general conditions set out by the insurance company, which may be consulted directly on the Website.

21. OFFENSES RELATING TO PROSTITUTION AND PORNOGRAPHY

All offences related to prostitution and child pornography, even where committed abroad, are punishable with imprisonment.

22. PRIVACY STATEMENT ABOUT PERSONAL DATA PROCESSING

Bravonext acknowledges the importance of protecting the privacy and rights of the Consumer using its Website (hereinafter, "Website") and processing his purchases via the said Website (hereinafter, "Service"). Internet can be used for a very widespread circulation of personal data; the companies within the lastminute.com group are seriously committed to complying with the regulations on personal data protection and security in order to guarantee Consumers' safe, controlled and confidential netsurfing.

This Privacy Statement may be amended in the future to ensure ongoing compliance with all applicable regulations in the event of their amendment or updating. The Company utilises codification and tokenization techniques (complying with security standards established by the Payment Card Industry - PCI), meaning your information is protected by alternative alpha-numeric codes that protect from incorrect use by non-authorized third parties.

Consumers are invited to read carefully the rules applied by the company to collect and process personal data and to continue to provide a satisfactory service.
This Privacy Statement, which is in accordance with personal data protection rules, describes the methods applied by the company to manage and process the personal data of:
(i) Consumers who consult and use the Website, and (ii) Consumers who use the Service.

Consumers are required to supply accurate, correct and updated personal data in order to create and manage their contractual relationship with the Data Controller and to properly purchase the selected tourist service. Consumers acknowledge that the supply of inaccurate, incorrect and not updated personal data prevents the Data Controller from supplying its Services.

The Data Controller is Bravonext (hereinafter, "Data Controller").

Pursuant to the Federal Law of 19 June 1992 on Data Protection (LPD) and to Article 45 of the Federal Insurance Supervision Law (LSA), Consumers are hereby informed that their personal data is stored and processed by Bravonext with the methods and for the purposes listed below, in accordance with the methods and purposes allowed by LPD and LSA.

Consumers' personal data are collected:

  • from Consumers, via their direct electronic supply through the filling in of the registration form in the Website or on the phone. This data includes Consumers' name, surname, address, e-mail address, telephone number etc., which is necessary for the purposes of selecting and purchasing a Flight, a Hotel or another tourist service and for the additional purposes provided for in these terms and conditions.
  • via the computer systems and software procedures used for the operation of the Website in the course of their normal operation, in an implicit manner, as a result of the use of Internet communication protocols. This information is not collected to be associated with identified users; yet, it is such that, as a result of its processing and association with data held by third parties, it might lead to the identification of Consumers. This category of data includes IP addresses or domain names of computers of Consumers connecting to the Website, the URIs (Uniform Resource Identifier) of the resources requested, the hour of the request, the method used to submit the request to the server, the size of the file received in response, the number code indicating the status of the response given by the server (successful, mistake, etc.) and other parameters related to Consumers' operating system and computer environment. This data is used only to obtain anonymous statistical information on the use of the Website and to verify its proper operation. The data may be used to establish liability in case of potential computer crimes damaging the Website.
  • by the Website via cookies. Cookies are information that often contains an anonymous, unique identification code that is sent to the browser by a web server and is stored on the hard disk of the user. Later, in the event that subsequent connections to the website are made, these cookies can be read and recognized by the website as they been aggregated during earlier connections. They are primarily used to operate or improve the functioning of the website, as well as provide business and marketing information to the website’s owner.

In accordance with the cookies notification that appears on the website’s first navigation page, and for this cookies policy, the user or visitor, agrees that, when browsing the website, they expressly consent to use cookies as described herein, except in the case that they have modified the configuration of their browser to block them. This includes but is not limited to, an understanding that the user is browsing the website when they do any of the following: close the cookies notification on the first navigation page, scroll through the website, click on any element of the website, etc.

A user browsing the website may encounter cookies inserted by the owner of the website ("proper cookies") or cookies inserted by different entities collaborating in the promotion of content and the delivery of our services ("direct third-party cookies").

The website’s cookies are used as detailed below and for the purposes herein described:

A. Technical Cookies:

a. Cookies strictly necessary for the operation of the website: essential to enable website browsing and the functioning of various features. Without these you cannot use search services, shopping comparisons, and other services available on the website.

b. Customization cookies: These are used to facilitate navigation of the website, to record the options you have chosen on the website and provide more personalized features. In some cases we allow advertisers or third parties to place cookies on our website to provide personalized content and services. In any case, the use of our website constitutes acceptance of the use of this type of cookie. If cookies are blocked, we can not guarantee the optimal functioning of the website.

c. Cookies for statistical purposes and to measure traffic: These collect information on the use of the website, the pages you visit and any errors that may occur during navigation. We also use cookies to recognize the source of your visit to our website. These cookies do not collect information that can be used to identify you. All information is collected anonymously and used to help improve the operation of the website. Therefore, our cookies do not contain personal data. In some cases, some of these cookies are managed on our behalf by third parties, but they are not allowed to use them for purposes other than those mentioned above. The use of our website constitutes acceptance of the use of this type of cookie. If they are blocked, we can not guarantee the proper operation of the website.

B. Cookies for advertising and re-marketing purposes: used to collect user information in order to display advertisements on the website or third party sites.

C. Social Cookies: These cookies allow our website to be shared and allow for "Like" clicks on social networking sites like Facebook, Twitter, Google + etc.

The lifespan of the cookies we use may vary. In particular, there are session cookies that are only valid for a single search or browsing session and disappear when the browser is closed; and persistent cookies, which have a variable lifespan. The maximum lifespan of cookies in this second category is 5 years.

Users should be aware that if cookies are not enabled on your device, your website experience may be limited and the use of our services and navigation could be impeded.

There are several ways to manage cookies. By modifying browser settings you can choose to disable cookies or receive a warning before accepting one. Also, users can delete all cookies stored in the cookie folder of their browser. Each browser has different procedures for managing configuration. Here’s how you can manage cookies on the major browsers. If you want information about managing cookies on your tablet and/or phone, please consult the operating manual or online help services.

If you want to learn how to manage cookies on other browsers, please consult the operating manual or online help services.

Third-party cookies are not installed by us; they are installed by our business partners or other parties when you visit this website. Therefore, we suggest users consult the third-party’s website for information on how they install cookies and how they are managed. Also, we invite users to consult the following website http://www.youronlinechoices.com where you will find useful information about the use of cookies and the measures you can take to protect your Internet privacy.

Consumers' personal data will be processed by hand or by using electronic means that are such as to ensure, in relation to the purposes for which such data is communicated and collected, data security and confidentiality, as well as to prevent unauthorized access to such data, for the time strictly necessary to achieve the purposes of its collection.
Data will be processed at the legal and operational headquarters of the Data Controller and at the server farm of lastminute.com group in Haarlem, The Netherlands, and at the offices of the parties to which such data may be communicated.

Apart from the above specifications on navigation data, Consumers' personal data will be used for the following purposes:
A. for data collection, storage and processing for the purposes of establishing and managing, in operational and administrative terms, the contractual relationship connected to the supply of the Service;
B. to send communications by email, phone or SMS on the contractual relationship;
C. to comply with statutory or regulatory obligations;
D. for data collection, storage and processing to carry out anonymous and/or aggregate statistical analyses;
E. Sending by the Data Controller, in cases allowed by law and if there is no refusal from the User, of publicity material through email or other equivalent electronic communication medium, relative to analogous products and services or similar to products or services offered on the website; on some occasions and with the exception of the Italian market, the Data Controller may send to the User the cited publicity material in a personalized way.
F. Without prejudice to the provision of the above section E), and only with prior explicitly consent of the User, for the sending by the Data Controller through email, phone, mail, SMS or MMS of the best offers on products and services traded by the Data Controller or his partners or commercial collaborators who operate in the following sectors: tourist and free time, leisure, new technology, fashion, decoration and consumer goods, food and drink, finance, banks, insurance, energy, environment, communication, mass communication media, real estate, pharmaceutical sector, clothes and textiles, education and training, energy, publications and editorials, ICT, retail, sports, telecommunications and services in general. On some occasions and with the exception of the Italian market, the Data Controller may inform the User in a personalized way about the best available offers, adapting them to his tastes and preferences.

Should the Consumer refuse to supply his personal data, he may not obtain the services required in relation to the purposes set out in points A) and B); in addition, the Data Controller may be prevented from supplying the Service correctly and from complying with its contractual obligations set out in the terms and conditions. Data processing for the purposes set out in points A), B), C) D) and E) does not require the consent of the person concerned.
The supply of personal data for the purposes set out in point F) is optional. Data processing for the purposes set out in point F) requires the consent of the person concerned. The Consumer's refusal to supply his data or to give his consent to these purposes signifies that, subject to letter E), the Data Controller will be unable to send their deals referred to in letter F) to the Consumer.

The Data Controller undertakes to ensure that all personal data supplied thereto will not be disclosed and will be processed in such a way as to guarantee data security and confidentiality, as well as to prevent unauthorized access thereto. All personal data and information provided by Consumers may be communicated, for the purposes set out above, to the following categories of parties:

  • the company's employees and/or collaborators who assist and advise the Data Controller on Administration, Products, Legal Affairs, Customer Care, Information Systems, as well as to those in charge of maintaining the company's network and hardware/software equipment;
  • airline companies, hotels, car hire firms, insurance companies, Tour Operators and all other parties to whom data communication is necessary for contract performance. Please note that airline companies are required, in accordance with the regulations introduced in the US and in other countries, to allow the customs and border authorities to have access to flight passenger data. Therefore, information on Consumers and their travelling collected by Bravonext may be communicated thereby to the competent authorities of the countries touched by Consumers' travel itineraries, if so required by industry standards;
  • parties whose right to access data is recognized by statutory provisions or by orders issued by the competent authorities;
  • parties that are delegated and/or appointed by the Data Controller to carry out activities related to Service supply;
  • with special regard to data collected in relation to insurance products, Bravonext shall take steps to ensure that (a) only data necessary for the preparation of an offer is collected and (b) the insurance company, i.e. the data recipient, takes all necessary measures to ensure compliance with statutory provisions on data protection.

The list of the names of the parties to whom Consumers' personal data may be communicated is available at Bravonext, by writing to privacy_all@lastminute.com.

By sending a written request to the Data Controller, the Consumer may: (i) obtain from the Data Controller confirmation of the existence of his own personal data; (ii) obtain information about the source of his data, the purposes and methods of data processing and the logics applied where data is processed by electronic means; (iii) obtain the details of the Data Controller and of the Data Processors, if any; (iv) obtain information about the parties or categories thereof to whom his personal data may be communicated or who may become aware thereof in their capacity of designated representative in the national territory, data processors or people in charge thereof; (v) obtain the cancellation, transformation into an anonymous form or blocking of data processed against the law, and his data updating, correction or, if interested therein, integration and (vi) a certification that the operations referred to in point (v) above have been brought to the knowledge, even as regards their content, of those to whom such data has been communicated or spread, unless this proves impossible or it involves a manifestly disproportionate use of means when compared to the right being protected; (vii) object to data processing, in whole or in part, for legitimate reasons; (viii) object to data processing for the sending of advertising or direct sales material or for market surveys or commercial communications. The above requests must be sent to Bravonext's address privacy@lastminutegroup.com.This email address is only intended to manage requests related to your recognised rights with regard to personal data protection. Therefore, any other requests will not be handled or managed by the Company.

The Consumer is also entitled, subject to his express written request sent by e-mail, to obtain the correction of any incorrect or inaccurate personal data or to obtain its cancellation, within the limits of the law.

In order not to be sent any further commercial or promotional offers by the Data Controller, the Consumer, in addition to exercising the above rights, may also follow the simple procedure activated by the link "unsubscription" that is available in all commercial communications sent by the Data Controller.

23. GOVERNING LAW AND EXCLUSIVE JURISDICTION

The T&C and the relationship between the User and Bravonext are governed, to the extent permitted by the applicable law, by Swiss law. To the extent permitted by the applicable law and international agreements, the parties agree that any dispute arising from the T&C will be submitted to the exclusive competence of the ordinary courts where Bravonext is based.

Bravonext reserves the right to summon the User before the competent courts of the User's domicile. The T&C and the relationship between the User and Bravonext are governed, to the extent permitted by the applicable law, by Swiss law.

TECHNICAL DATA

The following Technical Data is an integral part of these T&C.

  1. Technical organization: Bravonext SA, Vicolo de' Calvi, 2, 6830 Chiasso, Switzerland – A Swiss travel agency, with Air Travel Organiser’s License (ATOL) number 11082.
  2. Generali SA Tour Operator and Travel Agents Public Liability Insurance - Policy number 22768570 - in accordance with Swiss law.
  3. The validity of package holidays may be checked on the Website.
  4. The name of the carrier operating the transportation of a package holiday is indicated online in the details of the package holiday and will be specified again in the travel documents that you will be given prior to departure; Bravonext will give you prompt notice of any changes to the carrier.
    Transport conditions differ according to the carrier and may be viewed by clicking on the link shown in the confirmation email.
  5. Official, general information on foreign countries, including information on security (including health security) conditions and the documents required for foreigners' access, is provided by the competent authorities in the User's country. Since this information may be changed and updated, the User is required to check its official version, by consulting these sources, before purchasing their package holiday.
  6. Any change requested by the User after confirmation of the services included in the package holiday will incur an extra £45 per person charge.
    Should the User need to change the package holiday they have purchased or the name of its beneficiary/ies, they must notify Bravonext; the latter will then check with the third party suppliers concerned whether the change can be implemented, subject to prior notice of any extra charges to be paid by the User.
    The Organiser will not be accountable for the refusal of such changes by third party service providers. This refusal will be promptly communicated by the Organiser to the parties concerned prior to departure.
  7. If the User withdraws from the package holiday contract prior to departure, other than in the cases listed in the previous paragraphs of this article, he will be debited as a penalty, regardless of payment of any deposit, all registration fees, insurance premiums and the pro-rata quota of their participation, net of any discounts granted by Bravonext on the basis of the days preceding departure at the time of cancellation (excluding Sundays and bank holidays, the day of departure and the day when cancellation is communicated):
    • 40% of the participation quota, up to 30 business days before departure;
    • 50% of the participation quota, from 29 to 21 business days before departure;
    • 90% of the participation quota, from 20 to 3 business days before departure;
    • 100% of the participation quota as from 2 business days before departure, or where the User interrupts their trip or stay. Please note that some services may be subject to different penalties from those above.

The same sums shall be paid by Users who cannot travel due to the absence or irregularity of their personal documents required for foreign travel. Any cancellation requested by the User will incur an extra £45 per person charge.

Contracting Party - The Customer acknowledges and agrees that:

(i) Travelscape, LLC or VacationSpot, SL is the supplier to the Customer in respect of any EU E-Collect Room (means a booking for which a room price, taxes and hotel fees are collected from the Customer by Bravonext SA on behalf of EAN or its Corporate Affiliates at the time of the Transaction);

(ii) in the case of rooms booked as part of a Packaged Product, Bravonext SA shall operate as the merchant of record and Travelscape, LLC or VacationSpot, SL shall be the supplier to the Customer and

(iii) the applicable third party travel supplier is the supplier in respect of any other EAN Travel Products.

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