1. Introduction. Notion of tourist package.
General condition of sale-Contract “tourist package” and services.
2. Notion tourist package.
The Legislative Decree no. 111 of 17.03.95, concerning the execution of the Directive 90/314/CE, for consumer protection states that both the organizer and the seller of the tourist package asked by the customer, must be licensed for carrying out their activities and the customer has the right to receive a copy of the tourist package sale contract which is the necessary document to apply for the Guarantee Fund (en case happen the conditions).
3. Travel Contract.
The Travel Contracts are regulated by following previsions and by Legislative Decree n. 111/95, by Directive n.90/314/CE and in particular by the International Convention, subscribed on the 20 April 1970 in Bruxelles, and executed by the Law of 29 Dec.1977 no. 1084, by the Varsavia Convention of 12 October 1929 concerning international air transportation, by the Berna Convention of 25 February 1961 concerning the railway transportation, (in quanto applicabili ai servizi oggetto del pacchetto turistico nonchè dalle previsioni in materia contemplate dal codice civile e dalle altre norme di diritto interno, in quanto non derogate dalla previsione del contratto).
4. Payments.
A partial payment of the 25% of the entire participation fee and the entire inscription fee must be deposited at the booking time. The balance must be paid within 20 days prior departure. Bookings made in the 20 days before the beginning of the Experience must be paid by lump-sum settlement. The non-payment of the above-mentioned sums at fixed dates is an explicit resolutory clause, which would determine the rescission of the tourist package sale contract, set apart the compensation for further damages suffered by the Organizer.
5. Validity, price and possible variations of “tourist package”.
The price can be changed until 20 days before departure and only in case of variations of the following:
- transportation costs, including the fuel cost;
- taxes and fees on some kinds of tourist services, such as landing and embarkation or disembarkation fees, in ports and airports;
- exchange rates applied to the package itself.
As for such variations, these will be referred to the exchange rates and to the above-mentioned costs, as well as to the relevant prices quoted at the moment of the booking application.
In the case the Organizer is obliged to modify significantly
one material element of the contract, he have to inform at the right time the customer. For this end price increases over 10% are significant as well as a significant modification of one or more material elements of the contract, which can objectively be defined fundamental for the fruition of the tourist package taken as a whole. The customer that receive modifying comunication of one or more elements of the contract or price increases over 10% can withdraw from the contract, without paying penalties.
The customer will have to submit his decision within and no longer then two working days from the moment in which he has being given the notice of the rise or variation in price. In case of lack of explicit official announcement within the above-mentioned term, the proposal formulated by the organizer is considered accepted.
GENERAL TRAVEL CONDITIONS
6. Customer Rescission.
In case a registered participant would withdraw from the contract before departure for different reasons than those of art. 5., the Organizer will apply the following penalties, beside the burdens and costs of the services cancellation:
- 10% of the total amount if the renunciation is given to the Organizer until 30 days before the starting of the booked services;
- 25% of the total amount if the renunciation is given to the Organizer until 15 days before the starting of the booked services;
- 40% of the total amount if the renunciation is given to the Organizer until 15 days before the starting of the booked services for travels with special direct flight;
- 60% of partecipation fee if the renunciation is given to the Organizer until 6 days before the starting of the booked services;
- 80% of partecipation fee if the renunciation is given to the Organizer until 3 days before the starting of the booked services;
- 100% of partecipation fee if the renunciation is given to the Organizer in the 3 days before the starting of the booked services, not-presentation to departure or interruption of the travel.
The same amounts have to be paid also by those who cannot take part to the travel because of missing or irregular personal emigration documents.
8. Non-execution.
The organization can void the contract if the minimum number of participants has not been reached, and on condition that the organizer has given this information before the start of the tourist services. In this case the organizer will have to refund only the amounts perceived within 7 working days from the moment of rescission or cancellation, any other refund excluded.
9. Participants obligations.
The participants have to be equipped with personal passports or other documents valid for the destination Country, with the health certificate if required. Furthermore, the tourist will have to follow ordinary cautiousness and diligence rules, and specific rules effective in the destination countries, all the information supplied by the organizer, as well as the regulations and administrative and/or legislative provisions regarding the tourist package. The participants will be asked to answer for all the damage suffered by the organizer because of their incapacity to follow the above-mentioned obligations. The customer must provide the organizer with all the documents, the information and the elements owned by himself, which might be useful for exercising the subrogation right of the latest towards third parties, responsible for the damage. The customer is held responsible by the organizer for the detriment of the subrogation right. At the moment of the booking, the customer will also communicate, in writing, to the organizer the details needed which might possibly be part of specific agreements, such as journey instructions, provided their accomplishment is possible.
10.Responsibility.
The organiser is responsible for the damage caused to the customer because of the total or partial default of the services described in the contract, either if these are performed by himself or third-party suppliers, unless he proves that the event depends on the customer (including initiatives taken by himself independently, during the execution of tourist services), or on events not linked with the supply of the services described in the contract, fortuitous events, act of God, or by circumstances that the organizer itself might not reasonably foresee or solve, on the basis of a principle of professional care.
11. Compensation limits.
Under no circumstances, the organizer compensation will be higher than the compensation indemnities described by international conventions, with reference to the performances whose non-fulfillment caused the responsibility, that is the Warsaw Convention of 1929 about international air transportation, the text modified at The Hague in 1955; the Berna Convention (CIV) about railway transportation; the Bruxelles Convention of 1970 (CCV) about the organizer responsibility . In any case, the compensation limit cannot exceed the sum of 2,000 Germinal gold francs for property damage, fixed in article 13 no. 2 CCV, and 5,000 Germinal gold francs for any other damage”, as well as for those fixed in art.1783 of Civil Code.
In case of the change of these conventions, or formulation of international new ones concerning the services objects of the tourist package, the indemnity limits will be applied according to the law in force at the moment of the unfortunate event.
12.Obligation of assistance
The organizer is obliged to perform assistance to the customer, on the basis of a professional diligence principle, solely with reference to its obligations, or by contract or law regulation. The Organizer is not answerable to customer for non-fulfilment by saler and the obligation to be charged of this.
13. Complaints.
Every unsuccessful execution of the contract must be notified by the customer on the very moment of its happening. In this way, the organizer or its local representative can immediately find a remedy for it. The customer can make a complaint by sending a registered letter, with receipt note, to the organizer, within 10 working days from the date of the return to the place of the departure. If complaints happen in the execution place of the tourist services, the organizer has to assist the costumer according to art.13 in order to find a prompt an equal solution. In the same way, even in case of complaint reported at the end of the service, the organizer will have to provide and guarantee in any case a prompt answer to the customer request.
14. Guarantee Fund
In case of insolvency or bankruptcy of the organizer, the customer can turn to the “National Guarantee Fund For the Consumer of the Tourist Package”, in accordance with the Ministerial Regulation for the achievement of the following needs:
a) refund of the price paid for services entirely or partially not enjoyed;
b) repatriation, in case of journeys to foreign countries.
An immediate economic availability in case of forced return of tourists from non-EC members, on occasion of emergencies due or not due to the organizer’s behaviour.
The procedure to make use of the Fund are fixed by means of the President of the Council of Ministers Decree , in conformity with art. 21 no. 5, Legislative Decree 111/95.
Compulsory note.
According to the Italian Law n.269/98, article 16.
The Italian Law punishes the crimes concerning prostitution and juvenile pornography by means of reclusion, even if these crimes are committed abroad.