GENERAL CONDITIONS OF CONTRACT FOR SALE OF TOURIST PACKAGES

GENERAL CONDITIONS OF CONTRACT FOR SALE OF TOURIST PACKAGES

  1. INTRODUCTION. CONCEPT OF TOURIST PACKAGE.

Given that:

a) Legislative Decree no. 111 of 17.3.95 implementing Directive 90/314/EC provides for consumer protection that the organizer and seller of the tourist package, to which the consumer turns, must be in possession of administrative authorization to carry out their activities (art. 3/1 letter of legislative decree 111/95).

b) the consumer has the right to receive a copy of the tourist package sales contract (pursuant to art. 6 of Legislative Decree 111/95), which is an essential document for potentially accessing the Guarantee Fund referred to in art. . 18 of these General Contract Conditions. The notion of ‘tourist package’ (art.2/1 Legislative Decree 111/95) is the following: Tourist packages have as their object “all-inclusive” trips, holidays and circuits, resulting from the pre-established combination of at least two of the items indicated below, sold or offered for sale at a flat rate price, and lasting more than 24 hours or extending for a period of time including at least one night: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation which constitute a significant part of the “tourist package”.

 

  1. LEGISLATIVE SOURCES.

The tourist package sales contract is governed not only by these general conditions, but also by the clauses indicated in the travel documentation delivered to the consumer. Said contract, whether it concerns services to be provided in Italy or abroad, will also be governed by the provisions – insofar as they are applicable – of Law 27/12/1977 n°1084 of ratification and execution of the International Convention relating to the travel contract (CCV) signed in Brussels on 23.4.1970, as well as by the aforementioned Legislative Decree 111/95.

  1. MANDATORY INFORMATION – TECHNICAL DATA SHEET.
  • Det. Dir 273 30 June 2003 Province of Rome;
  • Navale Assicurazione spa n° 4028784N;
  • This Catalog is valid until 30 April 2007;

 

  1. RESERVATIONS.

The booking request must be drawn up on a specific contractual form, electronic if necessary, completed in its entirety and signed by the customer, who will receive a copy. The acceptance of reservations is considered completed, with consequent conclusion of the contract, only when the organizer sends the relevant confirmation, also via electronic system, to the customer at the selling travel agency. The information relating to the tourist package not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer in regular fulfillment of the obligations envisaged by the Decr . Legislation _ 111/95 in good time before the start of the journey.

 

  1. PAYMENTS.

At the time of booking, a deposit equal to 30% of the tourist package is required . The balance must be paid within 30 days of the departure date . Payments can be made by bank transfer or directly to a PayPal account . Failure to pay the above sums on the established dates constitutes an express termination clause such as to determine the termination by law on the part of the intermediary agency and/or the organizer.

 

  1. PRICE.

The prices of tourist packages are expressed in euros and are calculated based on air and hotel fares as well as the cost of fuel where included in the tours. It may be changed up to 20 days before departure and only as a consequence of changes in: – transport costs, including the cost of fuel; – rights and taxes on certain types of tourist services such as taxes, landing, disembarkation or embarkation fees in ports and airports; – exchange rates applied to the package in question. For such variations, reference will be made to the exchange rate and costs referred to above in force on the date of publication of the program as reported in the technical data sheet of the catalog or to the date reported in any updates referred to above. The fluctuations will affect the flat rate price of the tourist package in the percentage expressly indicated in the technical data sheet of the catalog or non-catalogue programme.

  1. CONSUMER WITHDRAWAL.

The consumer can withdraw from the contract, without paying penalties, in the following cases: – increase in the price referred to in the previous art.6 exceeding 10%; – significant modification of one or more elements of the contract objectively configurable as fundamental for the purposes of enjoying the tourist package as a whole considered and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the consumer. In the cases above, the consumer has the right alternatively: – to take advantage of an alternative tourist package, without a price supplement or with the refund of the excess price, if the second tourist package has a lower value than the first; – to the refund of only the part of the price already paid.

This return must be made within seven working days of receipt of the refund request. The consumer must communicate his decision (to accept the change or withdraw) no later than two working days from the moment he received the notice of increase or change. In the absence of express communication within the aforementioned deadline, the proposal formulated by the organizer is considered accepted. The consumer who withdraws from the contract before departure outside of the cases listed previously (art.7) will be subject to the following penalties expressed as a percentage of the individual participation fee:

  • up to 46 days: 15%
  •  from 45 to 30 days: 25%
  • from 29 to 15 days: 40%
  •  from 14 to 7 days: 60%
  • from 6 to 0 days: 100%

In the case of pre-established groups, these sums will be agreed upon each time when the contract is signed.

  1. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE

In the event that, before departure, the organizer communicates in writing his inability to provide one or more of the services covered by the tourist package, by proposing an alternative solution, the consumer will be able to alternatively exercise the right to reacquire the sum already paid or to enjoy the offer of a proposed replacement tourist package (pursuant to the 2nd and 3rd paragraphs of the previous article 7).

The consumer can exercise the rights provided above even when the cancellation depends on the failure to reach the minimum number of participants foreseen in the Catalog or in the non-catalog Program, or on cases of force majeure and unforeseeable circumstances, relating to the tourist package purchased. For cancellations other than those caused by force majeure, fortuitous circumstances and failure to reach the minimum number of participants, as well as for those other than non-acceptance by the consumer of the alternative tourist package offered (pursuant to the previous art. 7), the organizer who cancels (ex art. 1469 bis n. 5 Civil Code ), will return to the consumer double the amount paid by him and collected by the organizer, through the travel agent. The sum to be refunded will never exceed double the amounts the consumer would be owed on the same date in accordance with the provisions of the previous art. 7, 4th paragraph if he was the one to annul.

  1. CHANGES AFTER DEPARTURE.

If, after departure, the organizer finds himself unable to provide for any reason, except for the consumer’s own fault, an essential part of the services contemplated in the contract, he will have to prepare alternative solutions, without price supplements to be paid by the contractor. and if the services provided are of a lower value than those expected, reimburse him in an amount equal to this difference.

If no alternative solution is possible, or the solution prepared by the organizer is rejected by the consumer for serious and justified reasons, the organizer will provide, without additional cost, a means of transport equivalent to the original one envisaged for the return to the place of departure. or to a different location possibly agreed upon,

compatibly with the availability of the vehicle and seats and will reimburse it to the extent of the difference between the cost of the planned services and that of the services carried out up to the time of early return.

  1. SUBSTITUTIONS.

The customer who renounces may be replaced by another person provided that: the organizer is informed in writing at least 4 working days before the date set for departure, receiving at the same time communication regarding the personal details of the transferee; the substitute meets all the conditions for using the service (pursuant to art. 10 of Legislative Decree 111/95) and in particular the requirements relating to passport, visas and health certificates; the incoming party will reimburse the organizer for all expenses incurred to proceed with the replacement in the amount that will be quantified before the transfer. The transferor and the transferee are also jointly and severally responsible for the payment of the balance of the price as well as the amounts referred to in letter c) of this article. In relation to some types of services, it may occur that a third-party service provider (for example airlines) does not accept the change in the name of the transferee, even if made within the deadline referred to in the previous point a). The organizer will therefore not be responsible for any non-acceptance of the modification by third party service providers. This non-acceptance will be promptly communicated by the organizer to the interested parties before departure.

  1. OBLIGATIONS OF PARTICIPANTS.

Participants will be held responsible for all damages that the organizer may suffer due to their failure to comply with the obligations examined above. The consumer is required to provide the organizer with all documents, information and elements in his possession useful for the exercise of the latter’s right of subrogation towards third parties responsible for the damage and is responsible towards the organizer for the damage caused to the right of subrogation. The consumer will also communicate in writing to the organizer, at the time of booking, any particular personal requests which may be the subject of specific agreements on the travel arrangements, provided that their implementation is possible.

  1. HOTEL CLASSIFICATION.

The official classification of hotel facilities is provided in the catalog or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the countries including EU members to which the service refers, the organizer reserves the right to provide its own description of the accommodation facility in the catalog or brochure , such as to allow an evaluation and consequent acceptance of the same by the consumer. Participants must have an individual passport valid for 6 months. They must also comply with the rules of normal prudence and diligence and the specific ones in force in the travel destination countries, with all the information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to the tourist package.

  1. LIABILITY REGIME.

The organizer is liable for damages caused to the consumer due to the total or partial failure to fulfill the contractually owed services, whether they are carried out by him personally or by third-party service providers, unless he proves that the event arose from a fact of the consumer (including initiatives independently undertaken by the latter during the execution of the tourist services) or by circumstances unrelated to the provision of the services provided for in the contract, by fortuitous circumstances, by force majeure, or by circumstances that the organizer himself could not , according to professional diligence, reasonably foresee or resolve. The seller with whom the tourist package was booked is not liable in any case for the obligations arising from the organization of the trip, but is exclusively responsible for the obligations arising from his capacity as intermediary and in any case within the limits for this responsibility established by law or conventions mentioned above.

  1. LIMITS OF COMPENSATION.

The compensation due by the organizer for personal injury cannot in any case be higher than the compensation provided for by the international conventions in reference to the services whose non-fulfilment has given rise to liability: namely the Warsaw Convention of 1929 on international air transport in the text modified at The Hague in 1955; the Bern Convention (CIV) on rail transport; the Brussels Convention of 1970 (CCV) on the travel contract for any hypothesis of liability of the organizer. In any case, the compensation limit cannot exceed the amount of “2,000 Germinal gold francs for damage to property” provided for by the art. 13 n° 2 CCV and 5000 Germinal gold francs for any other damage and for those established by the art. 1783 Civil Code ..

  1. DUTY OF ASSISTANCE.

The organizer is required to provide the assistance measures to the consumer imposed by the criterion of professional diligence exclusively in reference to the obligations incumbent upon him by law or contract. The organizer and the seller are exempt from their respective responsibilities (articles 13 and 14), when the failure or incorrect execution of the contract is attributable to the consumer or depends on the unforeseeable or inevitable action of a third party, or on a fortuitous event or force majeure.

  1. COMPLAINTS AND COMPLAINTS.

Any failure in the execution of the contract must be contested by the consumer without delay so that the organizer, his local representative or the guide can promptly remedy it. The consumer can also lodge a complaint by sending a registered letter, with acknowledgment of receipt movement , to the organizer or to the seller, no later than ten working days from the date of return to the departure location.

  1. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS.

If not expressly included in the price, it is possible, and indeed advisable, to take out special insurance policies at the time of booking at the offices of the organizer or seller against costs resulting from cancellation of the package, accidents and baggage. It will also be possible to stipulate an assistance contract that covers repatriation costs in the event of accidents and illnesses.

  1. GUARANTEE FUND.

The Guarantee Fund to which the consumer can turn (pursuant to art. 21 Legislative Decree 111/95) has been established at the General Directorate for Tourism of the Ministry of Productive Activities in the event of insolvency or declared bankruptcy of the seller or organizer, for the protection of the following needs: a) reimbursement of the price paid; b) his repatriation in the case of trips abroad . The fund must also provide immediate financial availability in the event of the forced return of tourists from non-EU countries in the event of emergencies attributable or not to the organiser’s behaviour. The Fund’s intervention methods are established by decree of the President of the Council of Ministers of 07/23/99, n. 349 Official Gazette n. 249 of 12/10/1999 (pursuant to art. 21 n.5 Legislative Decree n.111/95).

ADDENDUM GENERAL CONDITIONS OF CONTRACT FOR SALE OF INDIVIDUAL TOURIST SERVICES

A. REGULATORY PROVISIONS.

The contracts having as their object the offer of only the transport service, accommodation, or any other separate tourist service, not being able to be configured as a contractual case of travel organization or tourist package, are governed by the following provisions of the CCV: art. 1, n.3 and n.6; articles from 17 to 23; articles from 24 to 31, with regard to provisions other than those relating to the organization contract as well as other agreements specifically referring to the sale of the individual service covered by the contract.

B. CONTRACT CONDITIONS.

The following clauses of the general conditions of the contract for the sale of tourist packages reported above are also applicable to these contracts: art. 4 1st paragraph; art. 5; art. 7; art.8; art.9; art. 10 1st paragraph; art. 11; art. 15; art. 17. The application of said clauses in no way determines the configuration of the relevant contracts as a type of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organiser, trip, etc.) must therefore be understood with reference to the corresponding figures of the sales contract of individual tourist services (seller, stay, etc.).