General terms and conditions of all sales of package tours
The notion of ‘tourist package’ (art.2 / 1 d.lgs. 111/95) is as follows:
Tourist packages encompass trips, holidays and “all inclusive” tours, resulting from a combination of at least two of the following elements, sold or offered for sale at a fixed price, and lasting more than 24 hours or extending over a period of time including at least one night:
The contract of sales sales of package tours, is governed not only by these general conditions, but by the clauses indicated in the travel documents given to the client. This contract, whose object is to provide services in Italy and abroad, will also be governed by the provisions – as applicable by law 27/12/1977 No. 1084, ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 and the aforementioned Legislative Decree 111/95.
The organizer is obligated to implement a data sheet either in the catalog or outside the program catalog. The elements that must be included in the data sheet of the catalog or materials outside the catalog are:
The booking request must be made on the appropriate form, electronic if necessary, completed in full and signed by the customer, who will receive a copy. The booking will be accepted when complete,with conclusion of the contract, only when the organizer sends a confirmation to the client, even by computerised systems, from the travel agency who is selling.
Information on the tour package that are not contained in the contractual documents, brochures or other written communication will be provided by the organizer before the trip begins in fulfillment of the obligations of accepting responsibility under the Decree Legislative. 111/95
A deposit of up to a maximum of 25% of the price of the package tour, is due at the time of booking. The balance must be paid in full before the departure date for tours in catalog, in brochures or outside catalogs.
The failure to pay the amounts above before the established dates will result in a termination clause, by the intermediary agency and / or organizer with the right of legal resolution.
The price of the tourist package is determined in the contract with reference to what is stated in the catalog or programs outside of the catalog. Any changes to the catalogs or programs added subsequently may be changed up to 20 days prior to departure and only as a result of changes in:
– Transportation costs, including the cost of fuel;
– Rights and taxes on certain types of tourist services such as taxes, landing fees, landing or boarding in ports and airports;
– The exchange rates applied to the package in question.
For these changes we will refer to the exchange rates and to the costs mentioned above in effect on the date of publication of the program as indicated therein in the catalog or on the date shown in the updates above.
Fluctuations will affect the fixed price of the tour package in the percentage expressly indicated in the catalog or materials outside the catalog.
The consumer can withdraw from the contract without paying penalties in the following cases:
– If there is over a 10% increase in reference to article 6;
– Significant modification of one or more elements of the contract as fundamental for the fruition of the tour package as a whole, and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the client.
In the above cases, the consumer has the right:
– To take advantage of an alternative tourist package, without extra cost or with the refund money, if the second package has a value lower than the first;
– The refund on the amount already paid. This refund must be made within seven working days of receipt of the refund request.
The consumer must communicate his decision (to accept the change or to withdraw) no later than two business days from the time he receives the notice of the increase or change. In the absence of such a notice within this timeframe, the proposal made by the organizer is considered accepted.
The consumer who withdraws from the contract before the departure, with the exception of what is listed in the first paragraph, will be charged – the down payment of art. 5/1 second paragraph – in addition to individual management fees, the penalty in the amount indicated in the catalog or in the program outside the catalog.
In the case of organized groups such payments will be agreed upon each time at the signing of the contract.
If, before departure, the organizer notifies in writing his/her inability to provide one or more of the services covered by the package tour and proposes an alternative solution, the consumer may exercise his/her right to get back the sum already paid or chose another package tour that is offered in substitutiin(under the 2nd and 3rd paragraph of article 7).
The consumer may exercise his/her rights provided for above even when the cancellation depends on the failure to reach the minimum number of participants in the program catalog or outside the catalog, or in cases of force majeure and unforeseeable circumstances, relating to the tourist package purchased.
For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as for other reasons such as the lack of acceptance by the consumer of the alternative tourist package offered (pursuant to art. 7), the organizer who cancels (ex art. 1469 bis n. 5 Cod. Civ.), will return to the consumer twice the amount that was paid and collected by the organizer, this transaction will happen through the travel agent.
The refunded sum will never exceed twice the amount which the consumer is liable for on the same date in accordance with art. 7, paragraph 4 if he/she cancels.
If for any reason the organizer, is unable to provide an essential part of the services included in the contract after the departure, except for a personal reasons attributable to the consumer, an essential part of the services included in the contract, alternative solutions will be provided, at no extra cost to the contractor and if the services provided are less in value than those stipulated, there will be a reimbursement of the amount equal to this actual difference.
If it is not possible to make such arrangements, or the solution offered by the organizer is refused by the consumer for serious and justified reasons, the organizer will provide without additional charge, a means of transportion equivalent to that originally planned to return to the starting point or at any other agreed place, according to the availability of the means and places available and will compensate the client for the difference between the cost of benefits provided and the services performed up until the time of anticipated return.
A customer may be substituted by another person provided that:
The transferor and the transferee are jointly responsible for payment of the balance due and the amounts referred to in subparagraph c) of this article.
In relation to certain types of services, there is a possibility that a third service provider will not accept the change of name of the assignee, even if made within the period referred to in paragraph a). The organizer will not be responsible for any rejection of the amendment by the third party service providers. Such failure will be promptly notified by the organizer to the parties concerned before departure.
Participants must have an individual passport or other valid document for all countries to be visited, as well as visas and transit and health certificates that may be required. Participants must also respect the rules of prudence and diligence specifically enforced in the countries of destination, and must put into act what is in the information provided by the organizer, as well as respect the regulations and administrative or legislative provisions relating to the package. Participants will be liable for all damages that the organizer may incur because of their failure to fulfill the above obligations.
The consumer must provide the organizer with all documents, information and evidence in his/her possession pertaining to the exercise of the right of subrogation against third parties responsible for damages and it is his/her responsibilty towards the organizer of the damage caused under the rights of subrogation.
The consumer must also inform the organizer in writing, at the time of booking, any special personal requests that may be the subject of specific agreements on the travel arrangements, provided that they are possible to implement.
12. HOTEL CLASSIFICATIONS
The official classification of hotels is provided in the catalog or other informational materials based on the explicit and formal indications of the competent authorities of the country where the service is provided.
In the absence of official classifications recognized by the competent Public Authorities of the EU member countries where the service is provided, the organizer reserves the right to provide a description of the accomodation in the catalog or brochure, such as to allow for an evaluation and subsequent acceptance of the accomodation on the part of the consumer.
The organizer is liable for damages caused to the consumer due to total or partial lack of performing what was stated in the contract, whether the disservice is caused by him or by third party service providers, unless it can be proven that the event was caused by the consumer (including initiatives he himself takes on by himself during the carrying out of 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 professional diligence, reasonably foresee or solve.
The seller, where the reservation of the tourist package was made, is not liable under any circumstances for the obligations arising during the trip, but it is responsible for the obligations of his role as intermediary and to the extent of the liability under the laws or conventions cited above.
The compensation that is due from the organizer for personal injury can not, in any event, exceed the compensation for damages provided for by international conventions, in relation to the failure to render services that determine responsibility: namely the Warsaw Convention of 1929 on international air transport in amendments at The Hague in 1955; the Berne Convention (CIV) on rail transport; the Brussels Convention of 1970 (CCV) on the travel contract for assuming responsibility on the part of the organizer. In any case, the compensation limit can not exceed the amount of 2,000 Germinal gold Francs for the damage to property” art. 13 No. 2 CCV and 5000 Germinal gold francs for any other damage and for those established by article 1783 Cod. Civ.
The organizer is required to lend assistance to the consumer which is imposed by the code of professional diligence exclusively in reference to the obligations, that are required by law or by contract.
The organizer and the seller are exempt from their mutual responsibilities (art. 13 and 14) when there is a failure or improper implementation of the contract which is attributed to the consumer or is dependent on a third party unforeseeable or unavoidable cause, by unforseeable circumstances or by force majeure.
Any failure of implementation in the contract must be contested by the consumer without delay so that the organizer, his/her local representative or the guide can immediately find a solution.
The consumer can also make a complaint by sending a registered letter with a return receipt to the organizer or seller, no later than ten working days from the date of return.
17. INSURANCE AGAINST COSTS OF CANCELLATION AND RETURN TRIP
Although not explicitly included in the price, it is possible and advisable, when booking at the offices of the organizer or the seller to opt for special insurance policies that cover the expenses for a cancellation of the package tour, any injuries and luggage damage. It is also possible to stipulate a contract for services that cover the costs of returning home in case of an accident or an illness.
Established at the Presidency of the Council of Ministers of the National Guarantee Fund which consumers may contact (in accordance with art. 21 of Legislative Decree. 111/95), in case of insolvency or bankruptcy of the seller or of the organizer, for the protection of the following:
The fund must also provide immediate financial resources in the event of a forced return of tourists from non-EU countries in the case of imputable emergencies, whether or not caused by the organizer.
The modalities of the Fund are established by a decree of the President of the Council of Ministers (pursuant to art. 21 # 5 Leg. 111/95).
GENERAL TERMS AND CONDITIONS OF SALE
OF SINGLE SERVICES
Contracts that only cover the transportion services, accommodation or any other separate tourist service can not be considered as cases of negotiable organization of a trip or tourist package, they are governed by the following provisions of the CCV: art. 1, 3 and 6; Articles. 17 to 23; Articles. 24 to 31, in regards to the provisions other than those relating to the organizational contracts and other agreements concerning the sale of a single service contract.
These contracts are also subject to the following clauses of the general terms and conditions of sale of the packages tours above: art. 4 paragraph 1; art. 5; art. 7; article 8; article 9; art. 10 paragraph 1; art. 11; art. 15; art. 17. The application of these clauses does not determine the configuration of the related contracts as a package tour. The terminology of the cited clauses relative to the tourist package contract (organizer, trip,etc.) Should be understood with reference to the corresponding figures of the sale contract of single tourist services (seller, accommodation, etc.).
Art. 17 of Law no. 38/2006
Italian law punishes offenses relating to prostitution and child pornography, even if committed abroad, with imprisonment.