General Terms and Conditions

These General Terms and Conditions (hereinafter "Terms") govern the contractual relationship between Creative Harbour S.r.l. (hereinafter "Organizer") and the Customer in relation to the tourist services offered under the Polescape brand.

Polescape is a brand of Creative Harbour S.r.l., a company authorized to operate as a Tour Operator under regional authorization no. 4837 of 2020, with civil liability insurance and guarantee certified by Garanzia Viaggi S.r.l. pursuant to art. 47 of the Italian Tourism Code.

• Creative Harbour S.r.l.
• Fraz. La Crete 11018, Villeneuve (AO), Italy
• P.IVA / VAT: 01267480075
• REA: AO – 80855
• Email: info@polescape.com

These Terms constitute the binding contract between the Organizer and the Customer.

The contract is governed by applicable Italian legislation on package travel, with particular reference to arts. 32–51 novies of the Italian Tourism Code (Legislative Decree 79/2011 and subsequent amendments), as well as the provisions of the Civil Code relating to transport and agency.

• Unavoidable and Extraordinary Circumstances: situations beyond the Organizer's control whose consequences could not have been avoided even with all reasonable measures taken.
• Lack of Conformity: failure to perform the tourist services included in the package.
• Return: the Traveler's return to the place of departure or any other agreed place.
• Durable Medium: any means that allows the Traveler to store information addressed personally to them so that it can be accessed in the future.

Polescape retreats constitute tourist packages within the meaning of the Italian Tourism Code, as they combine at least two types of services (accommodation, recreational activities, transfers, meals) for a duration exceeding 24 hours or including at least one overnight stay.

Prior to conclusion of the contract, the Organizer makes all relevant information available to the Customer, including: the Organizer's identification and insurance details, destination and itinerary, accommodation and its features, included services, total price, payment methods, minimum number of participants and cancellation conditions.

The contract is deemed concluded upon acceptance of the order by the Organizer. A copy of the contract is provided to the Customer on a durable medium (confirmation email). For contracts concluded outside business premises, the Customer is entitled to receive a paper copy or durable medium copy.

The total price of each package includes the registration fee (deposit) and the balance. Payment of the deposit is required at the time of booking. The balance must be paid by the deadline indicated at the time of booking.

Payments can be made via:

• Stripe — credit and debit cards
• Scalapay — pay in 3 interest-free installments
• Bank transfer

Prices shown are final prices. Transaction not subject to VAT under Art. 74-ter DPR 633/72 (special regime for travel and tourism agencies).

The Organizer reserves the right to revise the package price solely in the event of changes in transportation costs, airport fees or exchange rates, and only up to a limit of 8% of the original amount. No price increase may be applied within 20 days before departure.

The Organizer may unilaterally modify minor features of the package, promptly notifying the Customer. For significant changes, the Customer has the right to accept the modification, opt for a substitute package of equivalent or higher value, or withdraw from the contract with a full refund within 14 days.

The Traveler may withdraw from the contract at any time before departure. The following cancellation fees apply, differentiated by retreat type:

Long-haul retreats (longer than 7 nights / 8 days — e.g. Bali):

• Deposit: once the experience is confirmed, the deposit is non-refundable.
• Balance:
  • between 120 and 90 days before departure: 40% cancellation fee.
  • between 90 and 61 days before departure: 70% cancellation fee.
  • from the 60th day up to and including the departure date: 100% cancellation fee.

Standard retreats (up to 7 nights / 8 days — e.g. Fuerteventura, Valle d'Aosta):

• Deposit: once the trip is confirmed, no refund will be issued on the deposit.
• Balance:
  • between 90 and 60 days before departure: 40% cancellation fee.
  • from the 60th day up to and including the departure date: 100% cancellation fee.

Unavoidable and extraordinary circumstances:

• In the event of unavoidable and extraordinary circumstances occurring at or in the immediate vicinity of the destination, the Traveler is entitled to withdraw without cancellation fees and with a full refund.

Cancellation by the Organizer:

• The Organizer reserves the right to cancel the package if the minimum number of participants indicated at the time of booking is not reached. In this case the Customer is entitled to a full refund of all amounts paid within 14 days.
• In the event of cancellation for other reasons attributable to the Organizer, the Customer is entitled to a full refund and compensation proportional to the package price.

For contracts concluded outside business premises, the Traveler has the right to withdraw without penalty within 5 days of conclusion of the contract, unless the withdrawal occurs where reduced-rate fares with special conditions apply.

The Traveler may transfer their contract to a suitable third party, provided written notice is given to the Organizer at least 4 days before departure. The transferor and the transferee are jointly liable for payment of the balance and any additional costs arising from the transfer.

The execution of the package is conditional upon reaching the minimum number of participants indicated at the time of booking. If the minimum is not reached, the contract is automatically terminated and the Customer receives a full refund. The Organizer communicates the cancellation within 10 days before the departure date.

The Traveler is required to promptly notify the Organizer of any lack of conformity found during execution of the package, using a durable medium and setting a reasonable deadline for remedy. The Organizer undertakes to remedy the defect within a reasonable period.

The Organizer is responsible for the performance of the tourist services included in the package, regardless of whether such services are to be provided by the Organizer itself or by third-party suppliers. In the event of the Traveler's difficulties, the Organizer provides assistance without delay.

Where remedying the lack of conformity is impossible or would entail disproportionate costs, the Traveler is entitled to a price reduction and, in cases provided for by law, to termination of the contract with reimbursement of return travel costs.

The Traveler is entitled to an appropriate price reduction for every period during which there was a lack of conformity, unless the defect is attributable to the Traveler themselves, to a third party unconnected with the provision of services, or to Unavoidable and Extraordinary Circumstances.

In the event of non-minor breaches, the Traveler is also entitled to compensation for the damage corresponding to the time needlessly spent on holiday (ruined holiday damage).

Creative Harbour S.r.l. is covered by a civil liability policy and an insurance guarantee protecting the Traveler in the event of the Organizer's insolvency or bankruptcy, ensuring reimbursement of amounts paid and the Traveler's return in the case of international packages.

The Customer is responsible for holding all necessary documentation to participate in the retreat (valid ID, passport, visas where required, health certificates). The Organizer is not responsible for damages resulting from missing or irregular documentation.

By participating in the retreat, the Traveler authorizes Creative Harbour S.r.l. to create and use images and videos featuring them for promotional purposes on Polescape's website and social media channels. The Traveler may revoke this authorization at any time by sending written notice to info@polescape.com.

The processing of personal data is governed by EU Regulation 2016/679 (GDPR) and our Privacy Policy, to which reference is made for full details.

These Terms are governed by Italian law. Any dispute arising from this contract shall be subject to the jurisdiction of the court of the Organizer's registered office, unless otherwise provided by law for the protection of consumers.

Pursuant to EU Regulation No. 524/2013, consumers residing in Europe may use the European Commission's ODR platform available at: https://ec.europa.eu/consumers/odr

Any modification to these Terms must be agreed in writing and signed by both parties. The invalidity of individual clauses does not affect the validity of the remaining terms. The Organizer's tolerance of any breach does not constitute a waiver of its rights. The Organizer reserves the right of recourse against parties responsible for damages suffered.