1 – NORMATIVE PROVISIONS
a): Pursuant to article 2 of Italian legislative decree no. 111 of 17.03.95 that implements Directive 90/ 314/EEC:
The subject of tour packages are trips, holidays and all-inclusive tours resulting from the pre-arranged combination of at least two of the components indicated below, sold or offered for sale at an inclusive price, and lasting longer than 24 hours, or covering a period of time that includes at least one night: 1): Transport 2): accommodation (omission) that form a significant part of the “tour package”.
b): Contracts whose subject is the offer of just the hotel stay and transport service or any other tourist service, are governed by the following provisions:
- Italian Law Act 1084/7 of 27.12.77 (CCV) article 1, no. 3 and no. 6;
articles 17 to 23; articles 24 to 31: for all that concerns provisions different from those regarding the organization contract.
2 - BOOKINGS
Booking applications should be written on special forms, completely filled in and signed by the operator of the seller agency or /and consumer . Acceptance of the booking depends on the availability of the places and is considered completed, with consequent conclusion of the contract, only at the time of written confirmation by the Organizer. The seller travel agency, in possession of a regular licence, may issue the consumer, pursuant to article 6 of Italian Decree Law D.L. 111/95, a copy of the contract, only if already in possession of the confirmation indicated in this section. Information regarding the packages / single service not contained in the contract documents, in the brochures, or in other means of communication, will be supplied by the Organizer in regular fulfilment of the organizer's obligations provided for by Italian Decree Law D.L. 111/ 95 in good time before the start of the trip.
Charges for opening the dossier 25.00 Euro
3 - PAYMENTS
When the booking is confirmed, or when binding confirmation is given, a deposit amounting to 25% of the participating share and the entire individual dossier management cost shall be paid. The balance shall be paid during the 30 days before departure. For registrations carried out during the 30 days preceding the departure date, the entire sum shall be paid when the booking is confirmed, or when a binding application is made. Failure to pay the abovementioned sums on the agreed dates constitutes clause of defeasance that will cause termination of the right by the intermediary agency and/or the organizer.
4 – CHANGES TO THE TOUR PACKAGE / SINGLE SERVICE
The prices indicated in the contract may be changed up to 30 days before the date set for departure and only following changes in: transport costs, including the cost of fuel; dues and taxes on some types of tourist services: exchange rates applied to the package / single service in question. For these changes, reference will be made to the exchange rates and to the cost of services in force on the date of publication of the program as quoted therein. If, before departure, the Organizer, or the seller agency on its behalf, is forced to significantly change an essential part of the contract, including the price, it is obliged to notify the consumer of this in good time. For this purpose, a price change of more than 10% of the price or any change to elements that can be configured as fundamental for the purposes of using the single service / tour package taken as a whole is considered significant. The seller agency that receives notice of a change to an essential element or an increase in price greater than 10% will have the right to withdraw from the contract, without having to pay anything, or to accept the change, which will become part of the contract with exact identification of the changes and their effect on the price. The consumer shall inform the Organizer of his/her decision within 2 working days from being told about the change, which otherwise will be considered accepted. If, after departure, the Organizer is unable to provide an essential part of the services contemplated in the contract, it shall arrange alternative solutions, without price supplements being charged to the consumer, and, if the services provided are of a lower value than the envisaged ones, it shall refund the difference. If no alternative solution is possible, or the solution arranged by the Organizer is refused by the consumer for serious, justified and proven reasons, the Organizer will provide, without price supplements, a means equivalent to the original envisaged one for returning to the place of departure or to a different place that may be agreed, only if that solution is objectively indispensable.
Changes by the consumer to already accepted bookings, bind the Organizer only within the limits in which they can be satisfied. In any case, the consumer will be charged for the extra expenses borne as a result of a request for changes.
5 - WITHDRAWAL
The consumer may withdraw from the contract, without paying anything, only when he/she is informed of the change to an essential element, pursuant to previous clause 5, in which case, where he/she exercises the right of withdrawal, he/she has the right, as an alternative, to use another tour package / single service, or to be reimbursed the price already paid at the time of withdrawal. The tour package / single service that the consumer decides to use must be for an amount that is not less than the originally envisaged one. If the Organizer or, on its behalf, the seller, are unable to propose a package / single service for an equivalent or greater amount, the consumer has the right to be reimbursed the difference. The consumer who withdraws from the contract or asks for a change to the purchased package / single service, for cases different to the ones envisaged by the previous paragraphs of this clause, will be charged the dossier portion, as well as, by way of compensation for withdrawal, the sums listed below:
a): hotel stay only: up to 30 working days - no penalty;
29 to 16 working days * 25%
29 to 10 working days * 40%
9 to 4 working days * 60%
4 days to no show * 100%
b): hotel stay and transport: up to 30 working days * 10%
29 to 16 working days * 30%
29 to 10 working days * 50%
9 to 4 working days * 75%
4 days to no show * 100%
No reimbursement is due to anyone who does not show up at the start of the trip, at the beginning of the hotel stay and anyone who abandons the started trip or hotel stay, or uses only part of the booked package / single service. Only written notification of renunciation or changes will be considered valid (registered letter r.r.)
6 - SUBSTITUTIONS
The customer who is abandoning may transfer his/her booking to another person provided that:
a): the Organizer or, on its behalf, the seller agency is informed in writing within 4 working days before the date set for departure and at the same time receives information regarding the personal particulars of the transferee;
b): no reasons persist relating to the passport, visas, health certificate, hotel accommodation or transport service or in any case such as to make it impossible for the package to be used by a person other than the customer who is abandoning it;
c): the replacement person reimburses the Organizer, or on its behalf, the seller agency, all the expenses borne to carry out the substitution for the amount that will be quantified when the transfer is notified. The customer who is abandoning shall in any case pay only the dossier portion if applied. Furthermore, he/she will be jointly responsible with the transferee for paying the balance of the price, as well as the amounts indicated at letter c of this clause.
7 – OBLIGATIONS OF PARTICIPANTS
Participants shall comply with the rules of normal caution and care, all the information given to them by the Organizer, as well as the regulations and administrative and legislative provisions regarding the tour package. Participants shall be held liable for all damages that the Organizer may suffer because of their failure to fulfil the above listed obligations. The consumer is obliged to supply the Organizer or, on its behalf, the seller agency, all the documents, information and elements in his/her possession that may be useful for exercising the Organizer's/agency's right of subrogation towards third parties responsible for the damage and is liable towards the Organizer for the damage caused to the right of subrogation. The seller agency shall, at the time of booking, likewise notify the Organizer in writing of the required details that may form the subject of specific agreements on the travel methods, provided it is possible to carry this out.
8 – HOTEL CLASSIFICATION
Hotel accommodation, in the absence of official classification recognized by the competent Public Authorities of the Countries that are also EEC members that the relevant service refers to, is determined by the Organization according to its own quality standard assessment criteria.
9 – LIABILITIES OF THE ORGANIZER
The Organizer shall be held liable for damages caused to the consumer because of total or partial failure to provide the contractually due services, whether they are carried out by it directly or by third party service suppliers, unless it can prove that the event is a result of the consumer's action (including ventures independently entered into by the consumer during execution of the tourist services) or of an action extraneous to the supply of the services envisaged by the contract, of a fortuitous event, of force majeure or circumstances that the Organizer or, on its behalf, the seller agency could not, according to professional diligence, reasonably foresee and solve.
10- COMPENSATION LIMITS
The compensation owed by the Organizer or, on its behalf, the seller agency, may not in any case be greater than the compensation indemnities provided for by international conventions with reference to the services whose non-fulfilment has caused its contractual and non-contractual liability; and precisely, the Warsaw Convention of 1929 on international air transport in the text amended at the Haig in 1955; the Brema (CIV) Convention on rail transport; the Paris Convention 1962 on the liability of hotel keepers. In any case, the limit of the compensation for damages other than person damages may not exceed the maximum rates provided for by Italian Law 1084 of 27.12.77.
If the original text of the aforesaid conventions were to be subjected to amendments, or new international conventions concerning the services that are the subject of the tour package were to come into force, the compensation limits provided for by the sources of uniform law, in force at the time the damaging event occurs, shall be applied.
11 - OBLIGATION
The Organizer or, on its behalf, the seller agency, is obliged to give measures of assistance to the consumer exclusively with reference to its obligations under the provisions of the law and the contract. The Organizer is not liable towards the consumer for breach of the seller's obligations by the seller.
12 - COMPLAINTS
The consumer, under penalty of forfeiture, must indicate in writing, in the form of a complaint, to the Organizer or, on its behalf, the seller agency, the differences and defects of the tour package/single service, as well as the defaults in its organization or realization, at the same time as they occur or, if not immediately recognisable, within 7 days from the planned return to the place of departure. If complaints are presented in the place of execution of the tourist services, the Organizer or, on its behalf, the seller agency; shall give the consumer the assistance required by preceding clause 13, in order to seek a prompt and fair solution. Similarly, also in the case of a complaint presented at the end of the services, the Organizer or, on its behalf, the seller agency shall give assistance to guarantee in any case a prompt reply to the consumer's requests
13- COMPETENT COURT
The Court of VENICE shall have exclusive jurisdiction for all disputes deriving from this contract. However, by common agreement, it may be envisaged that disputes arising out of the application, construction, execution of the contract are entrusted to the decision of a Board of Arbitrators consisting of the same number of arbitrators as there are parties in the proceedings plus one who acts as Chairman appointed by the already designated arbitrators, or if not appointed, by the Presiding Judge of the Court where the Organizer has its office. The board of arbitration, which shall have its seat in the place in which the Organizer's registered office is located, shall decide ritually, and according to law, after a possible attempt to amicably settle the dispute between the parties.
14 - INSURANCE
Garanzia assicurativa: UNIPOL S.p.a. Polizza n° 2220/65/37526148
15 – TECHNICAL ORGANIZATION
Tribunale di Venezia, Prot.n. 37711 – Autorizzazione n.19/2004 – Venezia 31.05.2004
TOP ONE TOUR OPERATOR Gestione PROMOSERVICE Srl
E-mail: booking@top-one.it Web: www.top-one.it
C.F. / P.I. 03520880273 - N. Iscr. Reg. Imprese 03520880273
CAPITALE SOCIALE EURO 10.000 i.v.