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EN General Conditions

EN General Conditions

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    GENERAL CONDITIONS

     

    SALES CONTRACT OF TOURISTIC PACKAGES

     

    1. LEGAL SOURCES

    The sale of holiday packages having as their object the supply services in the domestic & foreign territory, is

    governed by ratification and implementation Law 27/12/1977 n ° 1084 of the International Convention on Travel

    Contracts (CCV) signed in Brussels on 23/04/1970 - where applicable – and by the Code of Consumption of

    Decree Law no. 206 of 06/09/2005 (Articles 82-100) and its subsequent amendments.

     

    2. PERMITS

    The organizer and the seller of the package, to which the client addresses, must be authorized for execution of

    their activities according to the applicable administrative regulation in force.

     

    3. DEFINITIONS

    For the purposes of this contract the following definitions apply:

    a) organizer of the trip means the person who makes the combination of the elements listed in article 4 and sells

    packages to third parties;

    b) the seller means the person who sells or agrees to provide tourist packages under article 4;

    c) client of travel packages means the purchaser, the transferee of a package tour or any other person, provided it

    meets all the conditions required for the use of the service, on behalf of which the principal contractor agrees to

    purchase a package without any remuneration.

     

    4. TOUR PACKAGE

    The concept of a tour package is as follows:

    Package tours include travels, holidays and "All inclusive" circuits, resulting from the combination of at least two of

    the items listed below, sold or offered for sale at fixed price, and lasting more than 24 hours or covering a period

    including at least one night:

    a) transportation;

    b) accommodation;

    c) tourist services not ancillary to transportation or accommodation (omitted) ....... which constitute a significant

    part of the "Package" (Article 84 of the Code of Consumption). The client has the right to receive a copy of the

    sales contract of the package (as per articles. 85 and 86 of the Code of Consumption), which is also necessary to

    access the Guarantee Fund in art. 20 of these General Conditions of Contract.

     

    5. COMPULSORY INFORMATION – TECHNICAL FORM

    The organizer is under obligation to insert a technical form in the brochure or in the travel program. The elements

    that must be included in the technical form are:

    - The administrative authorization or, if applicable, the organizer’s Notice of Commencement;

    - Details of the insurance for civil liability;

    - Validity term of the brochure travel program;

    - Terms and conditions for the replacement of the traveler (art. 89 of the Code of Consumption.);

    - Benchmarks and criteria for the price adjustment (Article 90 of the Code of Consumption.).

    The organizer will also inform the passengers on the actual carrier according to the deadlines and modalities

    foreseen under art. 11 of Regulation (EC) 2111/2005.

     

    6. RESERVATIONS

    The reservation request must be made on the appropriate contractual form, if electronic, duly filled in its entirety

    and signed by the customer, who will receive a copy of it. Acceptance of bookings is deemed completed, and as a

    consequence the contract is concluded only when the organizer sends the corresponding confirmation, even by

    telematic system directly to the customer or to the travel agency.

    Indications regarding the package not contained in the contractual documents, brochures or other means of written

    communication will be provided by the organizer in fulfillment of obligations under art. 87, paragraph 2 of the Code

    of Consumption, before the beginning of the trip.

     

    7. PAYMENTS

    The brochure, catalogue or any other source of information will show the downpayment, up to a maximum of 30%

    of the package price, to be paid at the time of booking or upon the binding order, and the date by which, before

    departure, the balance is due. The lack of payment of the above sums within the set date constitutes an express

    termination clause that allows intermediary agency and / or the organizer to resolve the contract.

     

    8. PRICE

    The price of the package is set in the contract, with reference to what is stated in the catalogue, in the brochure

    program or in any updates of them. It can be changed until 20 days prior to departure and only in case of changes

    in:

    transportation costs, including the cost of fuel

    fees or taxes on certain types of tourist services such as taxes, landing fees, landing or embarkation on harbours

    and airports;

    exchange rates applied to the package.

    For these variations reference will be made to the exchange rate and costs valid as of the date of publication of the

    program as stated in the data sheet of the catalogue or as of the date of any updates. The fluctuations will affect

    the fixed price of the tour package in the measure of a percentage clearly indicated in the technical catalogue or

    brochure program.

     

    9. MODIFICATION OR CANCELLATION OF A TOURIST PACKAGE BEFORE DEPARTURE

    Before departure, the organizer or seller who needs to change significantly one or more elements of the contract,

    shall immediately notify it in writing to the client indicating the type of modification and the consequent price

    change. If the client does not accept the proposed amendment hereinabove referred, he may exercise the right to

    recover the sum already paid or to take advantage of an alternative tourist package under the 2nd and 3rd

    paragraph of Article 10.

    The client may exercise the above rights also when cancellation is due to lack of minimum number of participants

    foreseen in the catalogue or brochure program, or in the case of force majeure and fortuitous event, regarding the

    tourist package purchased. For cancellations other than those caused by force majeure, fortuitous events and

    failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the

    client of the alternative tourist package offered, the organizer who cancels (art. 33 Code of Consumption) will

    return to the client twice the sum paid by the client and collected by the organizer through the travel agent. The

    refunded sum will never be more than the double of the amount of which the client would be debtor on the same

    date in accordance with art. 10, paragraph 4 in case he were the cancelling party.

     

    10. WITHDRAWAL BY THE CLIENT

    The client may cancel the contract without paying penalties in the following cases:

    - Increase in the price, referred to in art. 8, in excess of 10%;

    - Significant modification of one or more elements of the contract objectively deemed as fundamental for the

    enjoyment of the package as a whole and as proposed by the organizer after the signature of the contract, but

    prior to departure and not accepted by client.

    In the cases mentioned above, the client has the right:

    - to use an alternative tourist package, at no extra cost or with the restitution of the surplus money, if the second

    package has a lower value than the first;

    - the refund of the amount actually paid. This refund must be made within seven working days from the receipt of

    the redemption request. The client must communicate his decision (to accept the change or to withdraw) no later

    than two working days from the moment he received the notice of price increase or change. In the absence of

    express notice by the client within such period, the proposal made by the organizer will be considered

    accepted. The client who withdraws from the contract before departure outside those circumstances listed in the

    first paragraph shall be charged – on top/regardless of the payment of art. 7 paragraph 1 - the individual cost of

    handling the file, the penalty in the amount indicated in the technical form of catalogue or brochure program or on

    a customized trip, any sums related to the insurance cover requested at the time of the contract conclusion or

    other services already provided.

    In the case of groups such payments will be agreed on a case to case basis upon the contract signature.

     

    11. CHANGES AFTER DEPARTURE

    If, after the departure, the organizer is unable to provide for any reason, except for a fact due to the client, an

    essential part of the services included in the contract, it shall prepare alternative solutions, without additional cost

    for the client, and in the event that the benefits provided are of a lesser value than those provided, it shall refund

    him an amount equal to such difference. If there is no alternative solution, or the solution of the operator is refused

    by the customer for proven and justified reasons, the organizer will provide at no extra cost, a means of transport

    equivalent to that originally planned to return to the place of departure or to another place possibly agreed,

    compatibly with/depending on the availability of transportation seats, and it will reimburse the difference between

    the cost of the services envisaged and the services performed up to the time of the anticipated return.

     

    12. REPLACEMENTS

    The client may be substituted by another person only if: a) the organizer is notified at least 4 working days before

    the date fixed for the departure, and it receives communication about the reasons for the replacement and the

    transferee data and b) the transferee satisfies all the conditions for the use of the service (pursuant to art. 89 of the

    Code of Consumption) and in particular the requirements for passports,visas, medical certificates, c) the same

    services or other substitute services can be provided as a result of replacement d) the substitute reimburses the

    operator of any extra costs incurred to carry out the substitution, to the extent that these will be quantified prior to

    the sale. The transferor and the transferee are jointly liable for the payment of the balance due and the amounts

    referred to subparagraph d) of this article.

    The additional terms and conditions for substitution are indicated in the technical form.

     

    13. OBLIGATIONS OF THE CLIENTS

    In the course of negotiations and before the contract is concluded, Italian citizens are provided with general

    information - updated to the date of printing of the catalogue - related to the medical obligations and the

    documentation required to travel abroad. Foreign clients must obtain the corresponding information through their

    diplomatic missions in Italy and / or through their respective official channels of governmental institutions. In any

    case, prior to departure, clients must check any updates with the competent authorities (for Italian citizens, the

    local police headquarters or the Ministry of Foreign Affairs through the site http://www.viaggiaresicuri.it/ or the

    Central Office Telephone, number +39 06 491115) and must adjust before leaving.

    In the absence of such verification, no responsibility for failure in departure of one or more clients can be attributed

    to the seller or the organizer. The clients must inform the seller and the organizer of their citizenship and, at the

    time of departure, they definitely must be sure to be in possession of vaccination certificates, individual passports

    and any other document valid for all the countries in the travel itinerary, as well as visas, transit and health

    certificates that might be required.

    In addition, in order to assess the health and security of the countries of destination and, therefore, the usability of

    the services acquired or to be purchased, the client will retrieve (making use of information sources indicated in

    Section 2) the official information of a general nature from the Ministry of Foreign Affairs which specifically

    indicates whether the destinations are subject to formal discourage or not. Clients should also observe the rules of

    common prudence and diligence, the rules specifically in force in the countries destination of the trip, all the

    information provided by the organizer and the regulations and administrative or legislative provisions relating to the

    package. Clients will be asked to answer for all damages that the organizer and / or retailer may suffer, because of

    failure by the clients to comply with the above mentioned obligations. The client must provide the organizer with all

    the documents and information in its possession relevant to the exercise of the right of subrogation against third

    parties responsible for the damage and is responsible towards the organizer for the interference with the right of

    subrogation. The client gives written notice to the organizer, at the time of booking, of special personal requests

    that may be subject to specific agreements on travel arrangements, provided that it is possible to implement them.

    The client is always obliged to inform the seller and the organizer of any particular requirements or conditions

    (pregnancy, food allergies, disabilities, etc ...) and to explicitly specify the request of its personalized services.

     

    14. HOTEL CLASSIFICATION

    The official classification of hotels is provided in the catalogue or in other information material only on the basis of

    explicit and formal indications by the competent public authorities of the country where the service is provided.

    In the absence of official classifications recognized by the competent public authorities of the countries – even EU

    members – to which the service is referred, the organizer reserves the right to provide in the catalogue or brochure

    its own description of the structure, in order to permit an evaluation and the subsequent acceptance of it by the

    client.

     

    15. LIABILITY REGIME

    The organizer is liable for damages caused to the client due to the total or partial lack of performance contractually

    foreseen, whether these are performed by him directly or by a third party service providers, unless he proves that

    the event was caused by the client (including initiatives autonomously taken by him in the course of the tourist

    services) or by circumstances beyond the provision of services under the contract, by accident, force majeure, or

    by circumstances that the organizer could not, according to the professional diligence, reasonably foresee or

    solve. The dealer from which the tour package was booked is not in any case liable for the obligations arising from

    the organization of the trip, but is responsible exclusively for the obligations arising from his role as intermediary

    and in any case within the limits provided for such liability under the current legal rules on the subject.

     

    16. REIMBURSEMENT LIMITS

    The reimbursement of the damages cannot in any case exceed the limits set out in Articles. 94 and 95 of the Code

    of Consumption.

     

    17. OBLIGATION TO ASSIST

    The organizer is obliged to give assistance to the client, as imposed by the standard of professional care, only in

    respect of obligations at its own charge required by law or contract.

    The organizer and the seller are exempt from their responsibilities (Articles 15 and 16 out of these Terms

    General), when the failure or improper performance of the contract is attributable to the client or to fact of third

    party in an unforeseeable or unavoidable manner or it was caused by a fortuitous event or force majeure.

     

    18. CLAIMS AND COMPLAINTS

    Any failure in the performance contract must be contested by the client without delay so that the organizer, his

    local representative or guide can remedy the situation promptly. Otherwise the breach of contract cannot be

    questioned. The client must also file a complaint by sending a registered letter with acknowledgment of receipt to

    the organizer or the seller no later than ten working days from the date of return to the place of departure,

    otherwise the claim will not be valid.

     

    19. INSURANCE FOR CANCELLATION AND REPATRIATION

    If not expressly included in the price, at the time of booking it is possible – and recommended - to stipulate a

    special insurance policy against the costs arising from the cancellation of the package, accidents and luggage.

    It will also be possible to stipulate a contract of assistance to cover the cost of repatriation in case of accident or

    illness.

     

    20. GUARANTEE FUND

    The National Guarantee Fund (Article 100 of the Code of Consumption) - set up to protect clients who have signed

    a travel contract - shall provide the following, in the event of insolvency or bankruptcy of the seller or organizer:

    a) reimbursement of the price paid;

    b) repatriation in case of travel abroad.

    The fund must also ensure immediate availability of funds in case of forced return of tourists from countries outside

    the EU on the occasion of a fact whether or not attributable to the organizer. The methods of intervention of the

    fund are established by the decree of the President of the Council of Ministers of 23/07/99, no. 349.

     

     

    ADDENDUM

    GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE TOURIST SERVICES

    A) REGULATORY PROVISIONS

    The contracts for the supply of the sole transportation service, accommodation or any other separate tourist

    service cannot be configured as a negotiation of the organization of a trip or package, and are governed by the

    following provisions of the International Convention on Travel Contracts (CCV): art. 1, no. 3 and n. 6, arts. 17 to

    23, arts. from 24 to 31, with reference to provisions other than those relating to the organization contract as well as

    other agreements related to the sale of a single service contract.

    B) CONDITIONS OF CONTRACT

    These contracts are also subject to the following clauses of the general conditions of contract for the sale of

    packages above: art. 6, paragraph 1, art. 7, paragraph 2, art. 13, art. 19. The application of these clauses does not

    determine in any manner whatsoever the configuration of its contracts as a package. The terms related contract

    for tourist package (organizer, travel, etc..) used in these clauses should therefore be interpreted with reference to

    the corresponding figures of the sales contract for individual tourist services (seller,stay, etc..).