Terms & Conditions
GENERAL CONTRACT OF SALE CONDITIONS FOR TOURIST PACKAGES
These general conditions apply to all proposed services. Bookings and/or requests are reserved to the Buyer that has taken full note of these sale conditions before his or her request and that has accepted them without reservation. Therefore, a request for services means full agreement with these general conditions and full acceptance of all their provisions.
1. NORMATIVE SOURCES
Travel contracts are governed by law no. 1084 dated 27 December 1977, in ratification and implementation of the International Convention on Travel contracts (CCV) signed at Brussels on 23 April 1970 and also by the Consumers Code, approved with Legislative Decree no. 206/2005. The liability of Fashion Tour snc in its capacity of travel organizer with respect to travelers and their property is governed by the above laws, and in no case may exceed the limits foreseen by the said laws.
2. SUBJECTS OF CONTRACT
Assumes that:?a) The Journey Organizer is the subject that combines the components referred to in Art. 84 (Consumer Code) and that is obliged - in his or her name and after receiving the agreed payment ??' to provide a tourist package to a third party; b) the Seller is the subject that sells or that is obliged to provide tourist packages in compliance with art. 84 after the payment of an all-included price; c) the Consumer of a tourist package is the buyer, the beneficiary of a tourist package or anyone he or she might choose, provided he or she complies with all the conditions necessary to benefit of the requested services and on behalf of whom the main buyer purchases a tourist package without remuneration.
3. OBJECTS OF CONTRACT
The intro to the tourist package (Article 84 of Consumer Code) contains the following: Tourist packages apply to travel, vacations, and those "all included" packages that consist of pre-set combinations of at least two of the following indicated elements, for sale or offered for sale by a sum payment, and that last more than 24 hours or more for a period of time that includes at least one night:?
c) tourist services not related to transport or to lodging (omitted) …that constitute a significant part of the "tourist package'.
A buying and selling contract for tourist packages must be written, in clear and accurate terms, and the consumer has a right to receive a copy of the contract, duly undersigned and stamped by the organizer or by the seller. This document is necessary to have access to the Guarantee Fund mentioned in Art. 100 of the Consumer Code.
The question of reservation must be edited to the appropriate contractual form; if, in the instance it is electronic, then each section must be filled in by the client, who will receive a copy. Acknowledgement of the booking is intended to be complete, its consequential conclusion the contract, after which the organizer will send a relative confirmation (also as a means the system's data transmission), to the client, via the travel agency that has done the booking. Information relative to the tourist package not contained in the contractual documents, pamphlets or in other forms of written communication, will be provided by the organizer before the trip in just fulfillment of the obligations stated under Article 87, paragraph 2 of the Consumers Code.
The amount of the price of the tourist package is requested to enact the booking, or more specifically to bind the request and the date in which the departure ought to occur..
The price of a tourist package is determined in the contract, with reference to just how much indicated in the catalog or program outside the catalog as well as any subsequent updates. Variations are possible up until 20 days before the date of departure and only as a result of the following variations in:?
- cost of transport, including fuel costs;?
- taxes regarding some types of tourist services that have been imposed, such as landing taxes -departure or arrival- in either the marine ports or in the airports; and?
- exchange taxes applicable to the package in question. ?
Similar variations will refer individuals to the exchange rate as well as to the rates set at the time of the program's publication or how the variations relate to the specific information given within the catalog, or rather to the date related to the subsequent updates. The price of the tourist package can vary in the percentage indicated in the specifications of the catalog or program.
7. CHANGES OR CANCELLATIONS MADE TO THE TOURIST PACKAGE BEFORE DEPARTURE
Before the date of departure, the organizer or seller who finds it necessary to significantly change one or more elements of the contract must give immediate notice in written form to the consumer indicating the type of change and the consequent variation in price. If the consumer does not accept the proposed change, that consumer is entitled to the sum he or she has already paid or, in lieu of that sum, enjoy a substituted tourist package, which falls under paragraphs two and three of Article 8.?The consumer can also exercise the above right during cancellation that has occurred because the minimum number of expected participants necessitated in the catalog or in the program has not been met, or in cases of force majeure or in the unexpected case related to the purchased tourist package. For various cancellations caused by force majeure, the unexpected and failure to have the minimum number of participants, as well as for various currency issues aside from the consumer of the tourist package's alternative offer, the organizer canceling (Article 33 of the Consumer code) the package will return to the consumer double the amount paid, collectable from the travel agent. That repayment sum will not be greater than double the amount of which the consumer would have paid the equivalent of when expected, should he or she cancel, according to Article 8, fourth paragraph.
8. CONSUMER CANCELLATION
The consumer may back out of the contract, without paying penalties, under the following conditions:?
- a rise in price that exceeds 10%, of which is backed by Article 6
- significant change made to one or more elements of the contract set up as completely key to the tourist package, considered and advised by the organizer only after the conclusion of the same contract but before departure and not deemed acceptable by the consumer. In the above cases, the consumer has an alternative right:?
- to make use of an alternative tourist package, without supplement in price, or, if the alternative tourist package has a value less than the initial package, to be repaid the surplus in price;?
- to the repayment of just one part of the corresponding price. Such repayment must be effected within seven working days of the request for reimbursement.
The consumer must communicate his or her decision (to accept changes or to back out) within but not more than two working days from the moment he or she has received notice of the increase or change. The organizer's formulated proposal is intended to be agreeable, due to a lack of express communication within the aforementioned condition. The right to cancel, as set out article 64 and its following articles, as well as articles 52 and 53 and comma 1 of article 54 of the Consumer Code, is not applied in the following cases: a) omissions b) to service supply contracts regarding accommodation, transport, catering and free time, when on concluding the contract the professional agrees to provide such services on a certain date or in a pre-established period. The consumer who backs out of the contract before departure for reasons outside of the presumed, aforementioned list (in the first paragraph)will be charged??'independently from down payment, according to Article 5, first paragraph??'the individual cost of administrative assistance and a penalty sum indicated below:
• 50% of the total sum for trip for cancellations made up to 30 days prior to departure;
• 100% of the total sum for trip for cancellations made within 29 days prior to departure.
In the case of pre-established groups, such sums will be agreed upon at the time of the signing of the contract.
9. CHANGES AFTER DEPARTURE
If, after the date of departure, the organizer finds him- or herself impossible to supply, for whatever reason, except in instances caused by the consumer, an essential part of the services considered in the contract, the organizer must arrange alternative substitutions, without charging a supplement in price, and if the supplier should cost less than that originally planned, the consumer will be paid the difference. If it is not possible to find an alternative solution, or rather the alternative offered by the organizer has been refused by the consumer for honest and just reasons, the organizer will give, without a supplement in price, a means of transport equivalent to that originally booked for the return to his or her departure location or to a different location to be agreed upon, compatible with the availability of means and the spots available and the consumer will be reimbursed the difference between the cost of the expected services and those services rendered up until the moment of anticipated return.
The client backing out of the package may always switch with another person if:
a. the organizer is informed in writing at least 4 working days before the fixed date of departure, receiving communication in context about the particulars of the change;?
b. the substitution satisfies all the conditions that were to be met (Article 89 of Consumer Code) and in particular requests relative to any passports, approvals and health certificates;?
c. the same services or other services to be substituted can be supplied for substitution;?
d. the subject taking over agrees to reimburse the organizer all additional expenses assumed to carry out the substitution in as much as will be quantified before the transfer is made. ?
The person relinquishing the package and the person taking up that package are completely responsible for the balance of the payment as well as the amount listed under the aforementioned letter d.) of this section. Further conditions of substitution are indicated in the catalog or program specifications. With regard to some types of services, it has been noted that a third of service suppliers typically will not accept a name change (that is, take the new substituted client in lieu of the former), even if that change has been made before the deadline stated in letter a.) of this section. The organizer cannot be held responsible for the eventual loss of money due to the denial of service providers in these cases. Such losses should be promptly communicated to the organizer, however, by the affected parties before departure.
11. OBLIGATIONS OF PARTICIPANTS
Participants must possess individual passports or other documents valid for all countries mentioned in the itinerary, as well as approval of stay and transit and health certificates in case they are requested. Additionally, they must comply with the rules of prudence and diligence as well as with those specified by the destination country, with all the information supplied by the organizer, as well as the administrative or legislative regulations relative to the tourist package. Participants will be called upon to respond to all damages that the organizer would be affected by that would cause their delinquency to the above obligations. The consumer is obliged to supply the organizer with all documents, information and elements in his or her possession used in cases of third-party damage whereby the organizer is responsible for claims of surrogation. Further, the consumer will communicate in writing to the organizer in the event of the reservation, the particular personal requests that can be specifically agreed upon to the conditions of the trip, always dependent on whether these are, in fact, possible to fulfill.
12. HOTEL CLASSIFICATIONS
The official hotel classifications described in the catalog or in other informative material are based on the express and formal indications of competent authorities in the country in which the service is provided. In absence of this acknowledged official classification, a service that is also used in other countries that are members of the European Union, the organizer reserves the right to offer a description in its catalog or brochure of the building so as to offer some evaluation and approval on the part of the consumer.
13. CODE OF RESPONSIBILITY
The organizer, responding to damages suffered by the consumer for reasons of total or partial non-fulfillment of contractual responsibilities, is duly obliged to bear the same personal responsibility made by third-party service providers unless it is felt that the event occurred as a fault of the consumer (the understood initiative autonomously adopted from this last mention in the course of executing tourist services) or due to unforeseen circumstances to service supplies as expected from the contract, force majeure, the unexpected or rather to circumstances in which that same organizer could not, even using his or her professional expertise, reasonably prevent or resolve. ?The seller who has effected the tourist-package booking does not respond in any case to the original obligations made by the trip's organizer but is exclusively subject to the original obligations in his or her quality as intermediary and nevertheless is expected to act responsibly as a matter of law.
14. LIMITS OF COMPENSATION
Compensation for personal damage can never be more than the estimated limits of the international convention, which includes Italy and the European Union, in reference to the services in which non-fulfillment is determined to be the case. In any case, the damage limit will not exceed the amount of 50,000 for personal damages, 2,000 for damage to things, and 5,000 TK for other types of damage (Article 13, No. 2 CCV).
15. OBLIGATION OF ASSISTANCE
The organizer is obliged to lend a measure of assistance to the consumer out of professional due diligence exclusively in reference to the obligations for legal or contractual disposition. The organizer and the seller are exonerated from the respective responsibility (Article 13 and 14) of the current General Conditions when the failed or incorrect execution of the contract can be attributed to the consumer or is dependent upon the fact by one-third of an unforeseeable or inevitable character, or rather by unforeseen circumstances or by force majeure.
16. PLACE OF JURISDICTION
The court of Rome shall have exclusive jurisdiction over any disputes relating to the terms and conditions mentioned above
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