GENERAL CONDITIONS OF SALES CONTRACT
We guarantee availability up to 30 days before departure, then room availability will be verified on request. We remind you that the services indicated in the tour program could be changed until the day of departure. Acceptance of bookings is subject to availability of seats and is considered finalized upon written confirmation by the organizer. At the time of confirmation of the trip by TOP ONE TOUR OPERATOR, the total balance of the trip is required with payment through the PayPal operator (+ 3,5% of the total stay) or bank transfer. Confirmed bookings are considered binding and must be paid within 2 days of confirmation. The consumer who decides to cancel the trip will pay the following penalties: from the confirmation until 30 working days before the departure 50% penalty, from 30 working days to arrival or for no-shows: 100% penalty. No refund is due to those who do not show up at the start of the trip, at the beginning of the stay and who will renounce the trip or stay started, or will partially use the package or single booked service. For other conditions and more information, read the following: “Terms and conditions”.
1 – REGULATORY PROVISIONS
a): Pursuant to Art. 2 n. legislative decree n. 111 of 17.03.95 implementing Directive 90/314 / EEC:
The package deals with travel, holidays and “all-inclusive” circuits, resulting from the pre-established combination of at least two of the elements listed below, sold or offered for sale at a lump-sum price, and lasting more than 24 hours, or to extend for a period of time including at least one night: 1): Transport 2): accommodation (omitted) which constitute a significant part of the “tourist package”.
b): The contracts concerning the offer of only the service of stay, transport or any other tourist service, are governed by the following provisions:
– Law 1084/7 of the 27.12.77 (CCV) art.1, n.3 and n. 6; Articles. from 17 to 23; Articles. 24 to 31: with regard to forecasts other than those relating to the organization contract.
The Top One tour operator is also an operator operating, inter alia, through the Internet channel and is the owner of the website www.top-one.it and the sites connected to it;
The present conditions of service and use of the site must be accepted without exceptions and / or modifications and / or integrations by the registered user and / or by the final purchaser.
In some cases TOP ONE TOUR OPERATOR acts as an intermediary in others as travel organizer and service provider.
2 – RESERVATIONS and PAYMENTS
x Travel with guaranteed departure:
For reservations with guaranteed departures, the final customer will find on the travel page all the conditions related to that specific trip. The price will be final including taxes.
We remind you that the services indicated in the tour program could be changed until the day of departure. Acceptance of bookings is subject to availability of seats and is considered finalized at the time of written confirmation by the final organizer.
Tours with Guaranteed Departure are managed in collaboration with reliable partners that guarantee an excellent quality standard. The services are planned to be shared with other Italian and foreign tour operators.
The tour operator always reserves the right to change travel plans until the last minute.
Exceptionally, partners and/or suppliers can change tour dates, prices, service features, etc. In the above cases, the TOP ONE TOUR OPERATOR reserves the right to cancel, modify or replace any service, tour or activity at any time, even in the presence of bookings already made. In these cases, the Top One Tour Operator will offer the user alternative services; if the alternatives offered are not to the liking of the user, the latter will be entitled to a full refund of the purchase price originally paid, except for some foreign countries es. Russia (see in each program the individual conditions)
Normally travel is guaranteed up to 30 days before each departure date.
In case of lack of registration, the Guaranteed Departure Tours will automatically expire 30 days before departure.
In these exceptional cases, travel alternatives will always be offered to the client or the payment will be returned (depending on the conditions of the individual official travel supplier).
At the time of confirmation of the trip by Top One Tour Operator, the total balance of the trip is required with payment via PayPal manager (+ 3,5% of total stay) or bank transfer.
Bank transfer to PROMO SERVICE s.r.l. to be performed at the bank details indicated below:
Intesa San Paolo Branch of Bibione – IBAN IT19Z0306936291100000001590
CODE BIC BCITITMM
Confirmations are considered binding (= PAYMENT OBLIGATION) and must be paid within 2 days of confirmation by TOP ONE TOUR OPERATOR.
The consumer who decides to cancel the trip will pay the following penalties:
From confirmation to 30 days before departure: 50% penalty, 100% penalty 1 month before departure. No refund is due to those who do not show up at the start of the trip, at the beginning of the stay and who will renounce the trip or stay started, or will partially use the package or single booked service.
Instead, requests for pre-arranged and customized groups must first be sent by email to the operator. The indications relating to the packages / single service will be provided via e-mail from the Organizer in regular fulfillment of the obligations provided for by the D.L. 111/95. Prices will be total including fees and registration fees. Payments, Conditions of participation will be communicated at the time of confirmation of the trip and service.
For groups at the time of confirmation of booking, or at the time of the binding confirmation, an advance payment equal to 30% of the participation fee must be paid. The balance must be paid within 30 days before departure. For entries made within 30 days prior to the departure date, the full amount must be paid at the time of booking confirmation, or at the time of the binding request. Failure to pay within the dates indicated constitutes an express termination clause which determines, by the intermediary agency and/or the organizer, the termination of the right.
3 – WITHDRAWAL
The consumer can withdraw from the contract, without paying anything, only when he is notified of the modification of a price, in which case, where he exercises the withdrawal, he has the right, alternatively, to take advantage of another package/single tourist service, or to be reimbursed for the part of the price already paid at the time of withdrawal (except for some foreign countries: see single trip).
4- PENALTY OF CANCELLATION
The consumer who decides to cancel the trip / service will pay the following penalties:
50% after booking, 100% 1 month before. No reimbursement is due to those who do not show up at the start of the trip, at the beginning of the stay and who will renounce the trip or stay started, or will partially use the package / single booked service.
5 – OBLIGATIONS OF PARTICIPANTS
Participants must abide by the observance of the rules of normal prudence and diligence, to all information provided to him by the Organizer, as well as to the regulations and administrative and legislative provisions relating to the tourist package. The participants will be called to answer for all the damages that the Organizer should suffer due to their non-compliance with the above-mentioned obligations. The consumer is required to provide the Organizer or, on his behalf, all documents, information and elements in his possession useful for the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible towards the Organizer of the prejudice caused to the right of subrogation.
The customer (final or group or sales agency), will also communicate in writing to the Organizer, at the time of booking, those desired details that may eventually be the subject of specific agreements on travel arrangements, provided that it is possible to perform.
6 – HOTEL CLASSIFICATION
The hotel accommodation, in the absence of official classification recognized by the competent Public Authorities of the Countries also members of the EEC to which the related service refers, is established by the Organization according to its own criteria for the evaluation of quality standards.
7 – RESPONSIBILITY OF THE ORGANIZER
The Organizer is liable for damages caused to the consumer due to the total or partial non-fulfillment of the services contractually due, only if they are carried out by him personally. If such damages are caused by the third parts service providers, the third parts themselves will be liable to the end customer. Unless the organizer and / or service provider proves that the event is derived from:
– consumer fact (including initiatives taken by the latter independently during the execution of tourist services)
– stranger fact to the provision of the services provided for in the contract
– by chance
– from force majeure
– or circumstances that the Organizer himself or, on his behalf, could not reasonably foresee and solve according to his professional diligence.
8- COMPENSATION LIMITS
The compensation due by the Organizer or, on his behalf, another supplier of the service or intermediary agency, can not in any case be higher than the compensation indemnities provided for by the international conventions with reference to the services whose non-fulfillment has determined the responsibility, both under contract that extra-contractual; namely the Warsaw Convention of 1929 on International Air Transport in the amended text at The Hague in 1955; the Bremen Convention (CIV) on rail transport; the Paris Convention of 1962 on the responsibility of hoteliers. In any case, the limit of compensation for damages other than personal injury can not exceed the limits established by Law 1084 of 27.12.77.
If the original text of the aforementioned agreements were subject to amendments, or new international conventions concerning the services covered by the tourist package, they would apply the compensation limits provided for by the sources of uniform law, in force at the time of the occurrence of the harmful event.
9 – OBLIGATION
The Organizer, or on its behalf, the selling agency, or service provider, is obliged to provide the measures of the assistance to the consumer exclusively in reference to the obligations borne by law and by contract. The Organizer is not liable to the consumer for non-fulfillment by the seller of the obligations of the latter or the service provider.
10 – COMPLAINTS
The consumer, under penalty of forfeiture, must indicate in writing in the form of a letter signed and signed by the customer and by the service provider, in the form of a claim, to the Organizer or on his behalf, the seller and / or supplier of the service, the defects and faults of the package / single tourist service, as well as the defaults in its organization or realization, at the time of the occurrence and not after the return to the starting point
(these will not be accepted).
If the complaints are presented at the place of performance of the tourist services, the Organizer or, on its behalf, the seller and / or supplier must provide the consumer with the assistance required by the previous art. 13, in order to seek a prompt and equitable solution.
For any controversy that depends on this contract, the Court of VENICE will have sole jurisdiction. By mutual agreement, however, it may be provided that disputes arising from the application, interpretation, execution of the contract are devolved to the decision of an Arbitration Board composed of many arbitrators as many are the parties involved plus one serving as President appointed by the arbitrators already appointed , or failing that, by the President of the Court where the Organizer is based. The arbitration panel located in the place where the registered office of the Organizer is located will decide ritually, and according to the law, after any attempt at conciliation between the parties.
12 – INSURANCE
Based on the provisions of Law 115/2015, art. 9 regarding travel, holidays and “all-inclusive” circuits, we have signed an insurance policy that allows us to join the Guarantee Fund to protect consumers with AMI ASSISTANCE SRL.
POLICE N. 10014299000153
POLICE N. 64 / M11068279
13 – TECHNICAL ORGANIZATION
AUTHORIZATION 2016/2049 OF 14/07/2016
PROT. VE 2016/62868 OF 14/07/2016
Court of Venice, Prot.n. 37711 – Authorization n.19 / 2004 – Venice 31.05.2004
TOP ONE TOUR OPERATOR Management PROMOSERVICE Srl
E-mail: firstname.lastname@example.org Web: www.top-one.it
C. F. / P.I. 03520880273 – N. Subscription Reg. Companies 03520880273
SOCIAL CAPITAL EURO 10,000 i.v.