Terms and General Condition General terms and conditions of sale of packages ( contract ASTOI )
1. INTRODUCTION. NOTION OF TOURIST PACKAGE
Given that:a) The d.ls 111/95 ( on attuation of Dir 90/314/CE ) orders, for the customers defense, that the Tourist Package organizer and seller must be in possession of the administrative lycence to carry out their own activities ( art.3/1 letter A 111/95 law decree).
b) the customer has the right to receive a copy of the contract of sale of the tourist package( according to the art.6 of the l.d.111/95.This document is essential to access to the Guarantee Fund described in the art.18 in these General Conditions Agreement. The term “ Dynamic Packaging ” (l.d.111/95 art 2/1) stands for : journeys, travels ,holidays and “all included” holidays circuits, deriving from the combination of at least two of the following elements which are sold or offered at a forfait price and last more than 24 hours or better containing at least a stay night.These Elements are : a) Transport b) Accomodation c) Tourist Services independent from Accomodation or Transport constituting a significant part in the “Dynamic Packaging”.
2. LEGISLATIVE SOURCE
The sale of the Dynamic Packaging , concerning both supplying Services in one’s own Country and Internationally is ruled by L.27/12/1977 n.1084 for ratification and implementation of the International Convention related to the Travel Agreement (T.A.C.) and signed in Bruxelles , as applicable , and by the L.D. 111/95
3. COMPULSORY INFORMATIONS-TECHNICAL SHEET
The Organizer is obliged to insert into the catalogue or in an other programme the technical sheet.The compulsory elements to insert into the technical sheet are :
Organizer Administrative Lycense- Insurance Data for Civil Liability – Validity Duration of the Catalogue or other Programm or customized Travel – Terms and Conditions of Substitution ( Art.10 L.D. 111/95 )- Reference Exchange for currency adjustments, day or value.
The Booking request must be made on the appropriate form. If electronic, must be filled in completely in any part and signed by the customer,who will receive his own copy. The acceptance of the this booking request is valid and complete, with the consequently validation of the Agreement, once the Organizer will have sent the confirmation, also through electronic system, to the customer. Any other Information related to the Tourist Package , not contained in the Agreement Documents, in the Brochures and in any other written communication,,will be prompltly provided from the Organizer before the Travel start date, in fulfillment of the Organizer Obbligations according to the L.D 111/95 .
The measure of the Tourist Package Price to be due on booking or on binding request is on the catalogue, brochure or any other program.In default of payment of the above mentioned quote in the established dates,The resolutive clause will determine the immediate resolution of the contract .
The tourist package price appears in the contract , referring to what indicated in the catalogue or in any other program and to possible updates later occurred in the catalogues or programs. The price can be changed up to 20 days before the departure and only as a consequence of the following variations: - Transport Costs, including fuel oscillations;- Fees and Duties on tourist Services such as fees,landing charges for Harbours and Aiports;- different exchange rates applied to the Package. For all these variations and costs , the Validity in progress has to be referred to the Printing date of the catalogue and of technical sheet and to the Variation Date above mentioned.
7. CHANGE OR CANCELLATION OF THE DYNAMIC PACKAGING BEFORE DEPARTURE
In case The Organizer or seller needs to modify significatively one or more elements of the Contract before departure , he must immediately inform in writing the customer, clearly indicating the type of change and the consequent price variation. In case the customer does not accept the change as paragraph 1.,he can ask for his paid money back or for a replaced Tourist Package according the 2nd and 3rd Paragraph of Article 8. The customer has the above expected Rights even when the Cancellation depend on the unsuccessful achievement of the minimum number of partecipants expressed in the catalogue or programme as well as out of control or accidental circumstances, connected with the purchased Package. For Different Cancellations from the ones above mentioned ando those due to the non-acceptance of another Package from the customer , the Organizer must give the customer back the double amount paid ,through the Travel Agent.In case of Customer Cancellation, the recovery amount cannot be more than the double of the sum he should pay at that date, according to what expected in Art.8,4th paragraph.
8. CUSTOMER CANCELLATION
The customer can withdraw from the contract with no penalties in the following cases.:
-The increase of price mentioned in the art.6 is exceeding 10% or more
-A very significative change of one or more elements of the contract can be considered objectively fundamental for the package itself and they have been changed after the contract ratification but before the departure ,therefore not accepted by the customer. In the above mentioned cases, the customer has the right to choose one of the following:
- to obtain a different Package with no supplement in price or obtaining the recovery of the exceeding amount in case the secon package has a lower price
- the recovery of the paid amount. The recovery is due within seven working days from the date the remboursement is required. The customer must communicate his own decision ( to change or to withdraw ) within 2 working days from the date he was informed on the increased cost or the change.In default of expressed communication within the term, the proposal advanced by the organizer has to be considered accepted.The customer who withdraw from the contract before departure for different cases which are not mentioned in the 1.Paragraph is due to pay –independently from the deposit payment mentioned in the art.5/1° paragraph- the individual cost for management of the practice and the penalty indicate in the technical sheet. In case of Groups,the amounts are to be indicated any time on subscribing the contract.
9. MODIFICATION AFTER DEPARTURE
In case that, after departure and for any reason except than a particoular circumstance of the customer, the Organize finds himself in the impossibility to supply the customer with an essential part of services descripted in the contract , he must propose alternative solutions. These solutions must be with no charge for the customer and in case of lower cost ,this must be remboursed of the difference. If impossible to supply an alternative, and in case the solution cannot be accepted from the customer for serious and justified circumstances, the Organizer must supply an equivalent mean of transportation equal to the original for the return to the departure location or another equal previously agreed, this according to the availability of the mean and concerning available seats. The remboursement is to be given for the amount difference beetwin expecte performances and the one given up to the moment of the anticipated retour.
The withdrawing customer can be replaced by another person on condition that:
a.the organizer has been informed within 4 working days before departure and has been receiving the generalities of transferee;b.the replacement meet the requirements for passports, visas and sanitary certifications;c. the replaced subject recover the Organizer with substained costs once quantified before replacement.Transferor and transferee are totally responsible for balace payment and for amounts mentioned on letter C. in the present paragraph.
11. PARTECIPANTS OBBLIGATIONS
Partecipants must be equipped with personal passport or any other document valid for any country during the journey, as well as required visas.Further on they will attain to the oservance of : normal regulations about prudence and diligence , those specifically due in the pecific Countries during the journey, of all informations provided from the Organizer, and after all legislative and administrative regulations connected with the dynamic Packaging.Partecipants will be responsible for all damages that the Organizer may suffer because their unfulfillment on above. The Customer must also provide the Organizer in written with all Documents,information and elements in his possession and on booking relevant to the exercise of the right of subrogation against third parties responsible for the damage .The Customer must also inform the Organizer in writing,on booking,about personal requests that may be particular matter of specific agreements on the travel arrangements, provided that it’s possible to implement them.
12. HOTEL/RESORT CLASSIFICATION
Hotel Official classification has to be foundin the catalog or any material only according to expressed and legal indication of the Country where the service is commercialized.In lack of official classifications recognized from Public European Authorities to which the service is referred to, the Organizer can supply a catalog or brochure and give a proper Hotel Classification in order to allow an evaluation and consequent acceptation from the Customer.
13. LIABILITY REGIME
The Organizer is liable for damages caused to the customer due to total or partial unfulfillment of the contract,wether these are performed by himself or a third party service provider.This unless he proves that the event was caused by the customer ( including initiatives taken by himself during the execution of tourist services )or by circumstances nt connected with the provision of services under the contract, or by accident,force majeur,or by circumstances that the Organizer could not ( according his professional diligence )reasonably foresee or solve.The seller or intermediate agent by whom the reservation took place is not liable under any circumstances for the obbligations deriving from travel; He is responsible for the obbligations arising from his role as intermediary and in any case within the limits for such liability established by the law in this specific matter.
14. COMPENSATION RESTRICTIONS
Compensation for personal injury cannot in any case exceed the limit allowed by international conventions to which Italian and European Union take part, this referring to benefits whose failure has determined responsibility.In any case the compensation limit cannot exceed the amount of 50.000 Germinal Gold Francs for personal damages; 2.000 Germinal Gold Francs for properties damage ; 5.000 Germinal Gold francs for any other damage. (art.13 n.2 CCV )
15. DUTY OF CARING
The Organizer is obliged to lend its assistance to the customes according to the professional criteria of diligence and exclusively referring to required obbligations by Law or Contract. The Organizer and the Seller are relieved from their own responsabilities (Art.13 and 14),when the failure or improper performance of the contract is imputable to the customer or derives from a third unforeseeable or unavoidable fact as an accident or a force majeur.
16. COMPLAINTS AND CLAIMS
Any failure in executing the contract must be promptly contested by the customer without delay so that the Organizer,its local representative or Tour Leader can immediately remedy .The customer – under pain of nullity- must make a complaint by sending a registered letter with aknowledgment of receipt , to the Organizer or Seller within and no later than 10 working days from the date of return to the departure location.
17. TRAVEL INSURANCE POLICY AGAINST CANCELLATION EXPENSES AND REPATRIATION
.If not expressly included in the price,it’s possible and also advisable to stipulate ( when booking at the offices of the organizer or seller ) special insurance policies against expenses deriving from Package Cancellation , accident or luggage lost.It i salso possible to stipulate a service contract covering costs of repatriation in case of illness or accidents. In case of Cancellation insurance, this starts from the date of booking and ends at the beginning of the travel.This particular insurance is operative only if the customer is forced to cancel for any of the following reasons , unforeseen at the time of conclusion of the contract.
1.Illness,Injury or Death of the insured Person or of a travel companion as long as insured and registered at the same time and with whom he was to participate to the travel itself, or their spouses,partners,children,brothers ,sisters,parents,parents in law,sons and duaghters-in-law,grand-parents,uncles and nieces to the 3rd degree of kinship or –in laws of the Company Co-Owner Member of the Insured Person or its direct superior.For these effect,in case of group,the term “Travel Companion” can be related only to 1 person.
Dynamic Packaging including Hotel reservation –to all those contemporary enrolled and for the same accomodation
B)-Packages including apartment/residence rental.In these cases are included pre-existing illnesses whose relapses or exacerbations occur suddenly after the date of the enrollment to the journey.Pregnancy diseases are also included ,provided that arose subsequently to the date of booking.2).Any unforeseen event beyond the control of the Insured Person or his relatives that make impossible to participate .The insurance does not cover cancellations due to chronic diseases,neurological disorders, nervous and mental diseases
In case B) , cancellation for apartment/residence rental : The guarantee will not be valid if the claim is not related to all members for the same rental unit.Fees or insurances are not refundable.No franchise will be applied in case of cancellation due to illness or injury leading to hospitalization for 1 night of the Insured Person or travel companion; or as a result of the death of the persons mentioned in point 1.In all the other cases the compensation will be made after deduction of 20% of the eligible amount.
WAY OF ACTING IN CASE OF ACCIDENT
In case of an event occurring among those above mentioned , such to make impossible the partecipation to the journey, The Insured person ( under pain of Remboursement Nullity ) must strictly comply with the following obligations :
1) Cancel immediately the reservation to the T.O. in order to stop the appliable penalties.In any case , the Insurance Company will reimbourse the cancellation penalty at the date on which the event occurred .Any increased charge due to late notification of cancellationwill be borne by the Insured Person.
2).Within 5 days from the event causing the Cancellation , but no later than 24 hours after the scheduled departure The Insurance Company must be informed on cancellation.Call directly ( name of the company )
( number of telephone )from Monday to Friday from 8:30 am to 7:00 pm, on Saturday from 8:30 am to 1:30 pm, or faxing to this number ……………When Posting,date will be the date of the postmark or the one on the fax document transmission.This report must contain the following information –name,lastname,fiscal code, address in full in order to receive a medical visit as well a phone number where Insured Person is actually traceable. Travel and Insurance Forms as follows:Reservation Agreement, bill of penalty charged., the T.O payment receipt,regulation of penalties relating to any travel documents and the same travel documents in originalas well as the proof that they have been issued by the T.O.; The certifictions in original, IBAN and account holder where you can make the repayment in case of liquidity of the accident.Complaints received incomplete of all such documents will be retained by the Company in passive waiting for integration.All documents relating to the claim for cancellation must be supplied in Italian or English, or, in the case of original documents in other languages than Italian or English, must be accompanied by translations into English.
18. GUARANTEE FUND
The National Guarantee Fund has been established at the General Head Office for tourism of Industry Ministry; The customer can contact it ( in accordance with art.21 D.L.21 n.111/95 )in case of insolvency or bankrupcy of the seller or of the organizer, for the protection of the following requirements.a) refund of the price paid b)repatriation in case of abroad travels.The fund must also provide available funds in case of forced return of tourists from no-EU Countries on occasion of emergencies due or not to the organizer.The methods of intervention of the fund are established by decree of the president of Ministers Counsil of 23/07/99 n.349 Official Gazette n.249 of 12/10/99 ( in ottemperance to the art.21 n.5 Decree.111/95)
GENERAL TERMS AND CONDITIONS OF SINGLE SERVICES SALE
A) PROVISIONS LAW ENFORCEMENT
Contract supplying only Transports or accomodation or any other separate tourist service,owing to the fact they are not dynamic packaging,are ruled by the following provisions of the CCV: art.1,3,6; art.17-23;art.24-31 concerning different provisions than those relating to the contract organization and other agreements concerning the sale of a single service contract.
B) CONTRACT CONDITIONS These contracts are also subjected to the following clauses of the general terms and conditions for Tourist Packages Sale as above mentioned:art.4.paragraph1;art5;art.7;art.8;art.9;art,10paragraph 1;art.11;art.15;art.17.The application of these clauses does not determine the configuration of the related contracts as a Tourist Package.The terminology of the mentioned clauses relating to the tourist package (Organizer.Travel and so on ) is to be intended referred to to the corresponding figures of the contract of sale of single tourist services ( seller,accommodation and so on ).