CONDITIONS OF SALE
1.LEGISLATIVE SOURCES
The sales transaction of tourism packages is regulated by the Law 27/12/1977 No. 1084 by the ratification and fulfillment of the International Convention relative to travel contracts (CCV) signed in Brussels on 23/04/1970 – it is applicable to the Consumers Code of which the D.Law No.26 of 6th September 2005 (Art. 82 – 100) and its successive modifications i.e. integrations.
2.AUTHORISATION
Termetour Srl is authorized to practice the activity of organization i.e. sale of tourism packages within the endowed virtues released by the province of Pistoia on 14/03/2001 no. 22806.
3.DEFINITIONS
By the present contract we mean:
a)the travel organizer, the company who undertakes and realizes the following elements contained within Article 4, and is obliged to correspond flat-rate attributions providing sales of tourism packages;
b)seller, is subject to the sale or is obliged to provide tourism packages realized within the following Article 4 towards the corresponding flat rate attribution;
c)the tourism package consumer, purchaser, assignee of a tourist package or also whatever person nominated, as long as all of the requested conditions are satisfied for the use of the service, in that the principle contracting party commits to purchase a tourist package without rimunerazione.
4.THE CONCEPT OF TOURISM PACKAGES
The concept of tourism packages is the following:-
“tourism packages, holidays and all inclusive stays, resulting from the prefixed combinations of at least two elements indicated as follows, sold or offered as a flat rate price within a duration of over 24 hours or extending over a period of time that comprises at least one night:
a)Transportation
b)Accommodation
c)Additional tourism services not including transportation or accommodation costs (omission) – that constitutes a significant part of the “tourism package” (Article 84 Consumer Code).
The consumer has the right to receive a copy of the sales contract of the tourism packages (according to Article 85 and 86 Consumer Code) that is documented as necessary to access the Fondo di Garanzia ( Guarantee) in reference to article 20 of these General Contract Conditions.
5. OBBLIGATORY INFORMATION
TECHNICAL CHART
The organizer must provide a technical chart within a catalogue or for programs outside a catalogue. The obligatory elements or outside programs catalogue are:
– full administration details or if applicable the D.I.A. of the organizer
– insurance policy details of civil liability
-validity date of catalogue and program outside catalogue
-terms and conditions of replacement of the traveller (Article 89 Consumer code)
Range and criteria to adjustment of travel price (Article 90 Consumer Code) . the organizer must inform passengers of type of vehicle and times with the methods estimated within Article 11 of the Reg. CE 2111/2005.
6.RESERVATIONS
The request for reservation must be written on specific contract forms, in the case that forms should be electronically submitted, they must be compiled in each part and signed by the client who will then receive a copy. The reservation agreement is valid only with the conclusion of the contract, at the moment when the organizer sends relative confirmation, which can occur by means of telecommunication to the client.
The tourism package will only be carried out with a minimum number of 10 participants, unless otherwise indicated. Bookings are accepted until all places are filled. The final confirmation date of the package will be communicated by Termetour Srl in the travel reservation phase and cannot exceed the final payment date.
7.PAYMENTS
A deposit of 30% of the tourism package price must be paid at the time of booking or at the time of a binding request. The final payment sum must be paid within the dates communicated to the client and constitutes a definite confirmation of package. Non- payment of the above mentioned sum on the present dates constitutes the conditions clause expressed in such a way as determined, by Termetour Srl, the cancellation rights.
8.PRICE
The price of the tourism package is expressed within the contract, with reference to what is indicated in the program and eventual up-dates to present and subsequent programs.
The price can be subject to change within 20 days before the date of departure and only in consequence to the variation of:
-cost of transport, including petrol costs
-rights and taxes on certain types of tourism services
-tax charges applied to the package in question
For such variations there is referral to the exchange rate and to the above-mentioned current prices advertised in the program referred to on the technical chart or referring to the date of the eventual up-dates of the above.
Variations will occur on price changes to the flat rate fee of the tourism package in the percentage expressly indicated on the technical charge of the program.
9.MODIFICATION OR ANNULMENT OF TOURISM PACKAGES BEFORE DEPARTURE
Before departure the organizer has the necessity to modify in a significant way one or more elements of the contract, without giving immediate notice, in written form to the consumer. Indicating the type of modification and variation obtained.
When the proposed modifications are not accepted in the first part the consumer can exercise alternatively the right to retrieve the sum already paid or enjoy a substitute tourism package offer within clause 3 and 3 of Article 10.
The consumer can exercise the above-mentioned rights even when the cancellation is caused by the lack of number of prevailed participants. Programs or for cases beyond one’s control, fortuitous events, relative tourism package purchased.
For cancellations different from those that have been caused by circumstances that are beyond one’s control, fortuitous events and by not reaching minimum number of participants as well as those that are different from the lack of acceptance on the part of the consumer or the alternative tourism package offered, the organizer who cancels (Article 33 Lett. And Consumer Code) must give back to the consumer double of what was paid and collected by the organizer.
The sum to be refunded will not be more than double the sum of which the consumer has paid and should be equal to the debtor according to (article 10 clause 4) on whatever part decides to cancel.
10-CONSUMER WITHDRAWAL
According to D.Lgs 206/06 Article 83, and ss, the consumer can withdraw from the contract without payment of penalties, in the following cases:
-price increase of which the preceeding Article 7, not exceeding 10% of the price
-modification in a significant manner of one or more elements of the contract that can be configured as a important aspect of the tourism package and proposed by the organizer after the conclusion of this contract but before the departure and not accepted by the consumer.
In the above-mentioned cases, the consumer has alternative rights:-
-to use/enjoy an alternative tourism package, without extra cost or the refund/return of surplus/excess price, even if the second tourism package has an inferior value to the first;
-the refund of a part of the sum already paid. The refund must be made within 7 working days from the moment in which the refund request is received.
The consumer must communicate his/her decision (to accept the modification or withdraw) within and not longer than two working days from the moment in which the increase notification or modification is received. In failing to meet the above-mentioned period of time the offer proposed by the organizer is understood to be accepted. The consumer that withdraws from the contract before departure outside of circumstances mentioned within the first point, independently from the deposit by which article 7, comma 1 – 50% of the total increased costs with withdrawal which prevails up to 20 days before departure, 70% of the total increased costs with the withdrawal which prevails up to three days before departure, 100% for all trips and stays.
In the case of pre-established groups these sums will be agreed upon each time at the signing of the contract.
In accordance with D.Lgs 206/05 Article 45 and ss., it is otherwise presented withdrawal within ten days of the conclusion of the contract in which case the last item is concluded outside the commercial sector, in such cases. The withdrawal can be exercised before if it has been sent within the time limit indicated by a withdrawal communication by means of Registered Post.
11. BOOKING MODIFICATIONS
For whatever or what type of request for booking modification already accepted we will ask for 20,00 Euro per person to cover administrative costs. The reduction of the number of people and the modifications of dates or itinerary are considered as cancelled and therefore subject to the same penalties as in the previous paragraph. The booking modification request by the client with the booking already accepted, doesn’t obligate the organizer to act in cases where the client isn’t satisfied.
12. MODIFICATIONS AFTER DEPARTURE
The organizer, if after departure fined him/herself unable to provide, for any reason, excluding a personal case of the consumer, an essential part of the services written in the contract, must give alternative solutions without additional costs at the expense of the contracting party and even if the services provided are of an inferior value with respect to those prevailed, the reimbursement will be standard of value equal to the difference.
If the other solutions are not possible, or if the proposed solution by the organizer is refused by the consumer for serious and justified reasons, the organizer will provide, without additional charges, a means of transport equivalent to the original means of transportation, for the return to the departure location or a to a different location eventually agreed upon comparability with the availability of given means of transport. The refund will be measured by the differences between the cost of the service provided and those of the services carried out from the moment on anticipated re-entry.
13. SUBSTITUTIONS
The renouncing consumer can be substituted by another person – provided that:
a)the organizer is informed in writing at least four working days before the fixed date of departure, receiving contextually communication regarding the generalities of the transferee assignee
b)the substitute satisfies all of the conditions of fruition of the service (ex.Article 89 Consumer Code) and in particular the pre-requisites relative to passports, visas and health certificates.
c)the same services or other services which are substituted can be allocated following substitution.
d)the individual sub-appointed must repay the organizer all the additional expenses incurred to continue the substitution in the way that will be quantified before the transfer.
The transferring party and the transferee assignee are jointly and severely responsible for the payment of the cost as well as the amount in letter (d) of this article.
Ulterior procedures are indicated within the technical chart.
THE CONSUMERS OBBLIGATIONS
During the preliminary phase and before conclusion of the contract foreign citizens must provide the corresponding information by means of their diplomatic representative present in Italy i.e. the respective informative government official.
In any case the consumer must have, before departure, updated documentation from the competent authority (for Italian citizens the local law courts or that is the Minister of Overseas Affairs by means of the web site: www.viaggiaresicuri.it , that is at the telephone operative centre on 06.491115) updating before the journey.
In the absence of such documentation no responsibility for the lack of departure of one or more consumers may be attributed to the organizer.
The consumer must inform the organizer of his/her citizenship at the moment of departure, and make sure that he/she has the valid documents and health certificates necessary in case they are requested.
The consumer must also adhere to the rules of prudence and caution and to all the information provided by the organizer, as well as rules – administrative and legislative provisions relative to the tourism package. The participants will be held responsible for any damages caused to the organizer by the non-fulfillment of the above mentioned obligations by the participants.
The consumer must provide the organizer with all the documentation, information and elements in their possession useful to exercise the right of replacement towards third parties responsible for damage and the consumer is responsible towards the organizer of the prejudice caused to the right of replacement.
The consumer will inform the organizer in writing, at the time of reservation, particular personal requests that could become subject of specific agreements regarding the trip conditions, providing that these requests result possible to be carried out.
The consumer is obliged to inform the organizer of eventual needs and particular health conditions (pregnancy, food allergies, disability etc.) and specify in detail the request for relative personalized services.
15.HOTEL CLASSIFICATION
The official classification of hotels is provided by the program with informative material based on explicit and formal indications by the competent Italian authority.
In the absence of official recognition by the countries public authority, also members of the European Union, the organizer reserves the right to provide within the catalogue (program) or tourist brochure, a personal description of the accommodation structure, so as to permit an evaluation and consequent acceptance on behalf of the consumer.
16.SYSTEM OF RESPONSIBILITY
The organizer is responsible for damages caused by the consumer due to partial or total non-fulfillment of the contractual services due, both if these are caused by him or third party services, unless proven by the consumer. (therewith initiative independently taken upon themselves in the course of the tourist services) or by extraneous circumstances to the services provided in the contract, a fortuitous event, circumstances beyond one’s control or circumstances that the organizer could not, in accordance with standard professionalism, reasonably foresee or resolve.
17. LIMITS OF COMPENSATION
Compensation for damages cannot exceed the foreseen limits indicated within Article 94 & 95 of the Consumer Code.
18. OBLIGATIONS OF ASSISTANCE
The organizer is responsible to provide the measure of assistance to the consumer that is imposed by the criteria of the professional standard exclusively in reference of his/her job under the provisions of the law or contract. The organizer is exonerated from the respective responsibilities (Article 15 & 16 of the Present General Conditions) when the missing or inexact execution of the contract is chargeable to the consumer or is dependent on a third party in an unforeseeable or inevitable way, or in the case of fortuitous event or circumstances beyond one’s control.
19. COMPLAINTS OR CHARGES
Any fault in carrying out the terms of the contract must be notified without delay so that the organizer, their local representative or guide can resolve the issue in good time. If contrary no contest can be made on the contract.
The consumer must – for the loss of right- send a written complaint with Registered Post with return receipt to the organizer within and no later than ten working days from the date of return to the departure location.
20. INSURANCE AGAINST THE EXPENSES OF CANCELLATION AND OF REPATRIATION
If not expressly included in the price it is possible, and rather advisable to stipulate during the booking near the organisers’ offices or the seller special insurance policies against consequential expenses derived from the cancellation of the package, accidents and baggage. It will be possible to stipulate a contract of assistance that covers the expenses of repatriation in case of accidents and illnesses.
21. FUND OF GUARANTEE
The National Fund of Guarantee (Article 100 Consumer code) an Institute that the consumer can address in case of insolvency of declared failure of the seller or the organiser;
a)refund of the deposited price (sum)
b)repatriation in case of trips to foreign countries
the fund also has to give immediate economic availability in case of forced entry of tourists from non-European countries on the occasion of emergencies due to the organizers behaviour.
The course of action of the fund is established within the decree of the President of the Council of Ministers of 23/07/99 no. 349.
ADDENDUM – GENERAL SALES CONDITIONS OF SEPARATE TOURIST SERVICES
A)PRESCRIPTIVE AGREEMENT
The contracts regarding the offer of the transport service only, or stay that is of any separate tourist service, that cannot be designed to shape organization of the trip or tourism package, are regulated by the following dispositions of the (CCV) signed in Brussels on 23/4/1970 Article 1, no. 3 and no. 6, Article from 17 – 23, Articles from 24 – 31, as for the forecasts different from those that are related to the contract of organization as well as from the other agreements which refer to the selling of the single service subject to the contract.
In whatever case, according to D.Lgs 206/05 article 45 & 55, it must be presented within ten days of the conclusion of the contract, and in cases in which the conclusion is made outside commercial localities. In such cases a withdrawal can be exercised inside the indicated time with a communication by means of Registered Post.
B) CONTRACT CONDITIONS
The following clauses of the above-mentioned General Sales Contract conditions of tourism packages can be applied: Article 6, comma 1, Article 7, comma 2, Article 13, Article 18. The application of these clauses does not determine the configuration of the relative contacts in this case tourism package. The terms of the above-mentioned clauses related to the contract of tourism packages (organizer, trips etc.)
C) LEGAL COMMUNICATIONS
According to Article 17 of the 38/2007 Law, we inform you that the Italian law punishes with imprisonment offences committed regarding prostitution and under-age pornography even in these offences are committed on foreign territory.
TREATMENT OF PERSONAL DETAILS
At the same time we inform you of the treatment of personal details, according to the Law 196/2003, which is carried out in digital form conforming to the normative in force, for the finalization of conclusion of contracts and for the execution of work which form objects of tourism packages. In all cases the assignment of details is necessary to consent explicitly obligations contained in the present contract. Such details will not be object of circulation to third parties, apart from communication from the service systems which accompany tourism packages purchased (i.e. vehicles, hotels etc)
The interested parties can, at any time, exercise their rights in which Article 7 of the D.Lgs no. 196/93 contracting Termetour Srl, proprietor of the treatment of details.
The proprietor of the treatment of personal details is Termetour Srl, via Garibaldi 33, Montecatini Terme acting as legal representative at this time.
TECHNICAL CHART
-Electronic program valid from 1st January 2011 until 31st December 2011
-Changes applied: a change of reference tax, respect to Euro, on which the prices are based, are updated weekly (reference to the Bank of Italy) fluctuation of values may eventually have weight on the maximum percentage of 80% of the package.
-to calculate penality case, reference is made in the booking phase and a run.-down of the travel documents.
-Organisation Chart: TERMETOUR SRL, legal office: via Garibaldi 33, Montecatini Terme. Operations Office: via Garibaldi 33, Montecatini Terme
-Authorisation provincial no. 22806 of 14/03/2001
-Insurance policy with the SAI FONDIARIA SpA: Civil Responsibility of the Travel Organiser policy no. 70423558501
