Dear traveller,
We ask you
to read carefully the “General contract sales conditions”,
listed as follows. Some clauses must be explicitly accepted,
in that they are potentially cause for cash outlay on
your part:
Art. 2 – “Booking
and Payment”, where a deposit is required on the act
of booking.
Art. 4 – “Withdrawal
– Cancellation”, where penalties are specified in the
case of withdrawal from
travel arrangements within 45 days.
Art. 5 – “Responsibility
of the Organiser.”
Art. 6 – “Complaint.”
Art. 10 –
“Competent forum”
General sales contract conditions for tourist packages
1.
Applicable norms – The
travel contracts in this programme are regulated by
the General Conditions which follow and by the special
conditions indicated in the text of the contract signed
by the parties, and, as not foreseen by them, by Legislative
Decree n. 111 of 16 March 1995, by EEC Directive 90/314
by the international conventions concerning this subject,
and in particular by the Brussels Convention of 23 April
1970, relative to the travel contract enforced by law
n. 1084, 29 December 1977,
by the Warsaw Convention of 12 October 1929 as
amended for international travel by air, n. 41 enforced
on 19 May 1932, by
the Bern Convention of 25 February 1961, regarding rail
transport, n. 806 enforced on 2 March 1963, in that
these are applicable to the services included in the
tourist package, as well as being foreseen by the Civil
Code and other domestic norms, in that they do not deviate
by what is foreseen by this contract.
2.
Booking
and payment – Acceptance of reservations by the organiser of the travel
package is subordinate to availability of places. The
contract is completed with the organiser’s acceptance
of the written request to participate in the tourist
package, signed by the traveller, which has the value
of a contract proposal.
On
application the Traveller must pay a deposit, equal
to 25% of the price indicated in the programme. The
deposit will be immediately refunded to the Traveller
in the hypothesis of the Organiser failing to accept
his proposal. The balance must be settled 30 days before
departure. For reservations made within the 30 days
before departure date the entire sum must be paid at
the time of reservation. The client’s failure to observe
these conditions authorises the organiser to annul reservations,
even if already confirmed.
3.
Validity of participation rates – Prices are calculated on the basis of carrier/transport
charges and on service costs on 1 January of
the current year and are expressed in EURO. Prices can
vary as a consequence of variations in exchange rates,
transport costs e/o fuel, rights and taxes, such as
(one example, but not exhaustive), port and airport
taxes and costs of tourist services.
4.
Withdrawal – Cancellation - The traveller
has the right to withdraw from the contract without
paying any penalty in the following hypotheses:
-
increase
in price of travel package of more than 10%.
-
fundamental modifications to contract
requested by the Organiser after the conclusion of the
contract and not accepted by the Traveller.
The Traveller
must communicate in writing to the Organiser his choice
to withdraw within and not later than 2 days after receiving
communication of the modifications.
If the Traveller
decides to withdraw from the contract outside the hypotheses
listed in the previous clause, he/she will be entitled
to a reimbursement of the net cost of the travel package
with the penalties listed as follows:
-10% from
45th to 30th day before departure
date.
-30% from
29th to 6th day before departure
date.
-75% from
5th day before departure date.
No reimbursement
will be conceded to persons who fail to arrive for departure
or who renounce during the course of the journey itself.
According
to art. 13 of Legislative
Decree n.111 of 17 March 1995, the Organiser has the
faculty to annul the contract, totally or partially,
without indemnity in the following cases:
-
In exceptional circumstances (beyond
organiser’s control).
TOURS – When the minimum number (20) of travellers foreseen
by the programme is not reached and provided participants
are informed at least 20 days before departure. In both
cases, if the contract is annulled before its execution,
those persons with reservations are entitled only to
the entire reimbursement of the sum already paid.
5.
Responsibility of Organiser – The
Organiser’s responsibility to the Traveller for possible
damages due to failure or inaccurate fulfilment of obligations
foreseen is regulated by the laws and international
conventions quoted above in article 1.
Therefore,
in no case can the responsibility of the Organiser towards
the Traveller, whatever might arise, exceed the limits
foreseen by the above-mentioned laws and conventions
regarding damage claims.
The travel
agent (seller) who has reserved the package cannot be
held in any way responsible for obligations arising
from the organisation of the tourist package, but is
held exclusively responsible for obligations arising
from his/her role of intermediary and, therefore, within
the limits of these responsibilities foreseen by the
above-mentioned laws and conventions. The Organiser
and Seller cannot be held in any way responsible for
complaints made by the travellers which are the fault
of the travellers themselves, or of a third party not
responsible for providing services foreseen by the contract,
or due to a fortuitous event or circumstances beyond
the control of those involved.
Moreover,
the Organiser cannot be held responsible for possible
damages caused by services provided by third parties
and who are not part of the tourist package, or by initiatives
taken autonomously by the traveller during the course
of the journey.
a.
Carriers
are responsible towards travellers only for the duration
of transportation using their means, as foreseen in
their own conditions for transport. Programmes are published
under the sole responsibility of the Organiser. They
are not, therefore, published by or for the carriers
whose services are employed during the trip, nor, therefore
do they commit the carriers.
b.
The
Organiser or carriers are not responsible for circumstances
beyond their control, such as strikes, suspension due
to adverse weather conditions, outbreak of war, civil
and military strife, riots, natural calamities, looting,
acts of terrorism and other similar events. Therefore,
any supplementary cash outlay on the part of the traveller
will not be refunded, nor will services which cannot
be provided or made up due to these causes. Moreover,
the Organiser is not responsible for the failure to
provide services due to delays or cancellations of air,
sea or land carriers.. In the case of unavoidable interruption
of carrier services due to a mechanical fault or other
unforeseeable causes, the carrier companies will provide
alternative services within the limits of availability
and will try to minimise inconvenience to travellers
but without guaranteeing any refund or indemnity.
6.
Complaint –
Any failure to carry out the fulfilment of the contract
must be contested by the traveller without delay in
order to allow the Organiser, his/her local representative
or the guide to find a ready solution.
The traveller
must also make a written complaint by registered letter
to the Organiser within and not later than 10 working
days from the return date to the place of departure,
otherwise he/she forfeits the right to complain.
7.
Insurance – Titan Tour
in insured with Navale Assicurazioni Spa, policy n.
4097207/E in conformity with articles 15 and 16 of the
legislative decree n. 111 of 17/3/1995, as a guarantee
of fulfilling its obligations towards its clients. If
not explicitly included in the price, at the time of
booking it is possible to stipulate special optional
insurance policies to cover expenses deriving from the
cancellation of the package, accident, repatriation
and luggage.
8.
Travellers’ Guaranty Fund – At
the Council of Ministers, Department of Tourism there
is the National Guaranty Fund for Consumers based on
the legislative decree n. 111/95, art. 21, to be used:
1)
ensure the immediate availability
of funds in the case of tourists’ forced re-entry from
non-European Community countries due to emergencies
attributable or not to the Organiser;
2)
intervene only in cases in which
the tourist package has been sold and offered for sale
with a contract stipulated in Italy by the organiser
or seller in possession of the proper authorisation.
9.
Travel documents –
Where foreseen, the travel document will be given to
the participant, together with a copy of the programme.
All travel details are included in the programme; these
will also be referred to in the travel document.
10.
Competent forum –
This contract is regulated by Italian law. For any controversy
arising from the validity, efficiency, execution and
interpretation of this travel contract, the Forum of
Reggio Calabria is solely competent.
11.
Variations –
for any variation in accommodation, periods, places
carried out after booking (if not increased by penalties),
the sum of only 26,00 € retainer fee will be debited
to cover Titan Tour’s operational expenses.
ADDENDUM TO GENERAL CONDITIONS OF SALES CONTRACT FOR INDIVIDUAL SERVICES
A)
NORMATIVE DISPOSITIONS
Contracts
which offer only services for transport, accommodation,
or any other separate tourist service, cannot be considered
contractual documents of travel organisations or tourist
packages, and are regulated by the following CCV dispositions:
art. 1, N. 3 and N. 6; arts. from 17 to 23; arts. from
24 to 31, concerning the provisions different from those
relative to the contract of organisation.
B)
CONTRACT CONDITIONS
The following
clauses of the general conditions for sales contracts
of tourist packages mentioned above are applicable to
these contracts: art. paragraph 31; art. 4; art. 7;
art 9, paragraph 1; art. 10; art. 14, paragraph 1; art.
15; art. 17; art. 18. The application of these clauses
does not determine in any way the configuration of the
relative contracts as organised travel contracts or
tourist packages. The terminology of the above-mentioned
clauses is relative to the contract for tourist packages
(organiser, journey, etc.); it is therefore to be understood
with reference to the corresponding figures of the sales
contract of individual tourist services (seller, accomodation,
etc.).
C)
WITHDRAWAL OF CONSUMER
The consumer
who withdraws from the contract for any reason that
is not attributable to the seller, will be debited the
booking fee, as well as a retainer fee not greater than
those indicated in art. 4.
Compulsory communication according to art. 16 of law
269/98. The Italian law punishes crimes inherent in
prostitution and child pornography with prison sentences,
even if they are committed abroad.
Regional Licence: N. 13C/3^/93
The programme
has been drawn up according to the norm in force Regional
Law n. 13 of 10 April 1995, arts. 19 and 20. Printing
and diffusion with authorisation of Calabrian Regional
Tourist Council.
Edition 2003
Validity: 1 January – 31 December 2003
Technical Organisation: Titan Tour
Photos: Titan Tour Archives – Tourist Offices of places
published
Graphics: studioimmedia.com
Printed by: Tipografia Iiriti –Reggio Calabria
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