General terms of sale of contract of an organized tour
1) Definition of an organized tour
The tour packages are travels, holidays, all included tours, cruises, which result from the combination, created from anyone and anyway, of at least two of the following elements, sold or offered for sale at a set price: a) transport; b) accommodation; c) tourist services which are not tied to transport or accommodation under article 36, which constitute, for the satisfaction of the traveller's needs, significant part of the organized tour. The separate billing of the elements of one package does not relieve the organizer or the seller to the obligations of this article.
2) General terms of contract
The sale of travel packages, with as object services to provide in national and international territories, is regulated, until its abrogation, by the legislative decree of May, 23rd 2011, article 3 (the "Tourism Code"), by law 27/12/1977 n. 1084 ratifying and implementing the International Convention on Travel Contracts (CCV), signed in Brussels on 23/04/1970 - as applicable - and by the Tourism Code (Arts. 32-51) and its subsequent amendments and the provisions of the Civil Code concerning transport and mandate.
The vendor accepts booking from travel agencies or customer until all the available places are sold out. The booking is officially accepted through confirmation by the vendor.
The price of the organized tour as determined by the contract can be modified up to 20 days before the departure, any variation can depend only on one of the following elements: a) transport costs, fuel included; b) royalties and taxes on some tourist services, such as duties, airport taxes, boarding and landing taxes at ports and airports; c) exchange rates applied to the organized tour. The upward revision can not in any event exceed ten percent of the original amount.
With the booking the traveller has to pay the registration fee or management practice - if this is applicable and a deposit of 25% of the total price of the organized tour. The balance has to be paid to the vendor at least 30 days before departure. With regards to reservations made 30 days before the departure, the total amount has to be paid when booking. The non-observance of these terms authorizes the vendor to cancel the booking, even if it has already been confirmed, except in case of compensation for damage according to the article 1373, paragraph III c.c.
6) Traveller's withdrawal
The traveller can back out of a contract without paying any penalty in the following cases: a) increase of the overall price exceeding 10%; b) significant modifications of one or more basic terms of the contract (such as variation of elements which are considered to be a fundamental part of the organized tour as a whole) proposed by the vendor after the drawing up of the contract, before the departure and without the traveller's approval.
In the aforementioned case, the traveller has the right to a) take part in another organized tour of the same quality level or superior; or b) be refunded of all sums paid by him to the vendor within 7 working days from the receipt of the customer's damage claim. The traveller has to lodge his complaint to the vendor with a written communication within 2 working days from his receipt of the notification of the modifications applied to the organized tour. Any objection about the price of the journey and the single elements of the organized tour will not be accepted neither during the tour nor at the end of it.
The price which was established in the contract cannot be increased within 20 days before the scheduled date for the departure. In case of withdrawal from a confirmed tour, the following penalties will be applied:
- 15% within 30 days of the departure date
- 50% within 15 days of the departure date
- 75% within 5 days of the departure date
- 100% if the participant is not present at the departure
7) Cancellation of a tour by the operator
The vendor may, without indemnity, cancel the contract, in whole or in part, in the following case: a) exceptional circumstances; b) when the minimum number of participants stipulated in the travel document has not been reached, provided the traveller has been informed thereof at least 20 days before the date of the scheduled departure. In both cases, if the contract is cancelled before its performance, the traveller has the right to be refunded with the whole sum paid to the vendor. In case of a cancellation of a tour during its performance, the vendor shall take all necessary measures in the interest of the travel to compensate both parts in an equitable manner.
8) Modifications after the arrival
After the arrival, if an essential part of the services scheduled in the contract cannot be supplied - for any reason, except for a personal fact of the consumer - the vendor will propose adequate alternatives for the rest of the tour which will not imply any further costs or obligations to the travellers, or it will refund the traveller with the price difference between the scheduled services and the received services, unless the traveller demonstrates to have suffered a more serious damage which has to be reimbursed. If it is not possible to propose any alternative solution, or if the traveller refuses them with a valid reason, the vendor will put at the traveller's disposal a means of transport with which to reach the departure destination or any other agreed destination according to the availability of the means of transport and seats, and the traveller will be refunded with the difference between the price of the scheduled services and the price of the received services at the time of his/her earlier return.
9) Transfer of the contract by the traveller
A traveller who cannot take part in the reserved tour has the right to transfer his reservation to another person, provided that such person satisfies the specific requirements relating to the services of the contract after having informed the tour operator and the vendor within at least 15 days before the scheduled date for the departure. In any case, the vendor will not be responsible for the non-acceptance of the new participant by any third party. The transferor and the transferee are responsible for the payment of the total price, as well as for any additional costs caused by said substitution.
10) Reliability of the transporters
The transporters are responsible for the service regards the duration of the journey with their means according to their terms of transport. Only the tour operator is responsible for the publication of the tour programmes.
11) Strike or suspension of the tour due to bad weather conditions
War events, military coups and riots, insurrections, natural calamities, plunder, terrorist attacks: these and other similar events are uncontrollable events, therefore the transporters and the vendor cannot be held responsible for them. Any additional cost borne by the traveller will not be refunded, nor will the services which cannot be supplied due to the occurrence of these events. Furthermore, the vendor is not responsible for the non-use of the services due to delay or cancellation of air, sea and land transport.
Any complaint about alleged or attested inconformity in the services during the tour has to be immediately lodged to the supplier of the contested service (hotel manager, transporters, tour guide etc.) by requesting the performance of the service according to the terms of the contract (voucher, programme). Within 10 days of the end of the tour, the traveller and/or the operator has to send his/her written report to the vendor with all the available documents.
Jurisdiction: any dispute falls within the jurisdiction of the law court of Cuneo.
Privacy: all personal data will be processed according to the Italian legislative decree 196/2003, the processing of any personal data will be used by our Company only to supply the services included in the organized tour. Personal data will not be forwarded to a third party in any case, and can be cancelled at any time at the traveller's request without any prior notice.
Organization: ITUR s.c., insurance policy for civil liability n. 137 00250419 at GENERALI INA ASSITALIA.