General contract terms

Tourist package notion

Due Mondi Viaggi e Turismo s.r.l. is a travels organizer, as well as holidays or all included touristic trips which are commercialized directly or via seller. The notion of tourist package is defined from the art. 2, comma1, DLT 111/95, which declares the following: "tourist packages have as objects travels, holidays, and the all-included tours, resulting from the combination of at least two of the following elements, sold or offered on sale with a lump price, and with a duration more than that of 24 hours or for which extends to a period of time that includes one overnight:

  • transportation;
  • accomodation;
  • tourist services not linked to the transportation or accomodation on which art. 7, letters 1) and m), which form significant part of the tourist package"

Normative sources

The deed of sale of the tourist package is ruled, by this general terms, by the clauses indicated on the travel documentation delivered to the client and for what not foresaken, by the unbreakable actual normative and in particular by the law n. 1084 of 27/12/1977 about ratification and execution of the International Convention on Travel Conntracts, signed in Brussels on the 23rd of October 1970, and besides by the DLT 111/95, which gives accomplishment to the n. 90/314/CEE of the 13th of June 1990 Council, regardig travels, holidays and the all-included tours which declares the following, in defense of the consumer:

  • the organizer and the seller of the tourist package must have the administrative authorization for the execution of their activity;
  • the consumer has the right to receive a copy of the sale contract of the tourist package (art. 6, DLT 111/95), as necessary to document and beneficiate the eventual access to the Warranty Funds on which the art.18 of the herein general contract conditions.

Mandatory information

The organizer realizes, in catalogue or in the off-catalogue program, a technical report which will contain the following elements:

  • terms of the administrative authorization of the organizer;
  • terms of the insurance policy for the civil responsibility;
  • validity period of the catalogue or the off-catalogue program;
  • reference change in terms of value or day adjustments;

Reservations

The sale contract of the tourist package is written in clear and simple terms. The customer receives a copy of the contract, undersigned and stamped by the organizer or the seller. The acceptance of the reservation from Due Mondi Viaggi e Turismo s.r.l. is subordinated to the availability of seats comunicated by its suppliers. The contract legitimizes itself with the confirmation from Due Mondi Viaggi e Turismo s.r.l. to the client, even at the seller travel agency.
The information regarding the tourist package that is not found in the contract documents, or in the brochures, or in the comunication tools, are provided from the Organizer in a timely manner before the beginning of the trip.

Payment

In the act of reserving the tourist package, the deposit must be paid for the whole registration fee equal to 25% of the full participation fee. The deposit must be done no less than 30 days preceding the intended departure date. In case of reservation after the above mentioned date the payment will be in its total in the act of reserving the package.

Expressed resolutory clause

The non respecting of the terms and the payment methods described in the contracts' general conditions constitutes an expressed resolutory clause that gives to Due Mondi Viaggi e Turismo s.r.l. the faculty to solve the contract and to demand the refund for the evenutal damages.

Price change

The stay and travel fees are determined based on the catalogue and on the off-catalogue program, they can be raised until the twenty first day before the departure date, only as a consequence of the variation of transports fees, including the gasoline price, on duty fees on certain services, such as, landing fees, in the airports or ports, and exchange fees applied to the all-included service.
In case of price raising, more than that of 10% of the full trip cost, it is given to the consumer the faculty to accept the increase of the price or break the contract, upon comunication to Due Mondi Viaggi e Turismo s.r.l. within the deadline of 8 days regarding the acknowledgement of the new price. In such cases, the consumer can decide to take advantage of the whole refund of what has already been paid or use another service with the same value or superior value which would in case be offered.
The price indicated can not, in any case, be changed in the twenty days preceding the departure date.

Recession of the consumer

  1. The consumer can withdraw the contract without paying the penalty: In case of a price increase of more than 10% of the original amount, in case of significant change applied before the departure date from the organizer or from the seller, not approved from the consumer which involves one or more essential elements of the contract and therefore considered like fundamental, in order to benefit the tourist package. In the described options, the consumer has also the faculty to choose between: another tourist package, of equal or superior value and with no extra price or in other words, a less valuable tourist package but with the refund of the difference in price or also demand, within seven working days from the recession or cancellation moment, the refund of the money already paid. The choice will have to be comunicated from the customer within the unchangeable deadline of two working days from the receiving of the comunication regarding the price change, without return comunication the change would be considered accepted;
  2. Excluding the recession hypothesis legalized by the DLT 111/95, to which we refer to, in other circumstances of travel package recession, the customer is anyway obliged to pay the registration fee and the balance for the recession quantifyed as following:
    • 10% until thirty working days preceding the established departure date;
    • 30% from twentynine to twentyone working days preceding the established departure date;
    • 50% from twenty to eleven working days preceding the established departure date;
    • 75% from ten to three working days preceding the established departure date.
    Beyond these terms, no refund is due to the customer, even if the missed departure is due to the lack or imprecision of the necessary personal documents or in the case of cancellation during the the program stay.

Changes on the contract terms

  • In the case, before the departure, the tourist package is cancelled for any reason, excluding the customer responsibility, in other words in case the organizer or the seller comunicate to the customer the significant change of one or more essential elements of the contract, the customer might, if denying the new proposal, withdraw the contract without paying any penalty, taking advantage of the alternatives foreseen by the art. 8, letter a) of the herein contract terms.
  • The organizer will be able to, in presence of reasonable causes, introduce variations of the program as long as the offered services are not objectively inferior to the original ones (e.g. accomodation in a different hotel but of non inferior quality of the one indicated on the program).
  • In the case in which, after the departure, the organizer is not able to provide an essential part of the agreed services, unless the impossibilty derives from a cause of the customer, from a third party, by accidental case, or unforeseen forces, the organizer, when possible, proposes suitable alternative solutions for the prosecution of the programmed trip without any further costs at the customer's expense , or he refunds the latter with the difference between the services originally planned and the ones executed, excluding the damages refunds. When no alternative solutions are possible, and the customer does not agree with the alternative solution proposed, justifying his or her decision with serious and objective reasons, the organizer provides an equal value means of transport for the going back to the departure place or to other place eventually planned, without any further costs at the customer's expense and refunding the difference between the planned services and the executed ones.
  • If the organizer or the seller cancelled the package for the missed attainment of the minimum amount of participants, foreseen by the contract, which is comunicated twenty days before the departure, the consumer has the faculty to benefit of the alternatives conceived from art. 8, letter a) of the herein contract general terms.

Replacement

The customer can, before the departure, replace himself or others, giving the travel contract to whomever fits for the fruition of the specific and general terms and as long as he/she comunicates in written words, to the organizer or seller, within four working days before the departure date, that he/she finds himself/herself in the imposibility to participate to the trip and furthermore the data of the person who would replace him/her (excluding the flight tickets, where the name of the traveler cannot be changed after the ticket has been issued). The customer who renounces the trip, will have, in any case, to pay the registration fee, if foreseen. The person who renounces and the cessionary are strongly obligated toward the organizer or seller to pay the amount and for the further extra for the cession.

Organizer's responsability

  1. The damage to a person deriving from the non-fulfillment or from the wrongful execution of a tourist service is refundable within the limits of the intransgressable rules contained in the international conventions that regulate this subject and to which Italy and European Community belong to. The right of refund is foreseen in three years after the return date of the traveler, except the term of eighteen or twelve months for the non-fulfilment of transport services included in the package, for which we refer to the art. 2951 c.c., which regulates the ordinance in the subject of transport and shipping.
  2. The contracting parties can agree, in a written way, on limits for the damage refund, different from the one to the person, deriving from the non-fulfilment or from the wrong execution of the services which are the subject to the tourist package, within the limits of the art. 13 of the Brussel Convenzione of the 13th of April 1970 (CCV), which became executable with the Law 29th December 1977, n.1084 and subsequent eventual changes, excluding what is foreseen in the art. 1341, comma 2, c.c. The right of refund for damage is valid in a year from the return of the traveler in the place of the departure.

Responsability exemption

The organizer or seller are not considered responsible for the non execution of the contract caused by customer, third party, fortuit case or unforeseen force.
The organizer or seller, who refunded the customer, are replaced in all the latter's rights and actions towards third party responsibiltiy. The customer has the duty to comunicate to the organizer or seller all the documentation, information and elements in order to facilitate the right of replacement.

Assistence duty

The organizer has the duty to give assistance to the traveler according to the standards of the common professional care and by respecting the obligations dictated by the charge and by the contract.

Complaints

Every deficiency in the execution of the contract must be reported from the customer with no delay, so that the organizer can find a solution to the problem. Possible complaints might be reported through a letter in priority mail, within and not over ten working days from the date of the return. When the complaints are reported in the place of execution of the tourist services, the organizer is obliged to give the customer the required assistance, within the limits of the above art. 13 of the herein general terms, in order to find a prompt and fine solution. The traveler has no right to ask for a refund for lost money, high economic valued objects and other goods unless he/she had reported them and consequently insured them with the organizer

Optional insurance

If they are not clearly included in the price, in the act of reserving is possible, and even wiser, to arrange special policies that insure the expenses of the possible cancellation of the trip, injuries and/or luggage lost. It is furthermore possible to arrange insurance policies and contracts in case of accidents and diseases, which cover the return part of the trip expenses.

Hotels classification

Both the hotels and the tourist residences are classified according to standards established from the Region based on acts of address coordination of the Government foreseen by the law L 30.05.1995, n. 203. In absence of official classification, recognized by the proper public authorities, it is established by the organizer based on its own evaluation criteria and on the quality standards.

Warranty fund

To allow receiving of a refund, in case of insolvency or bankrupt circumstances of the organizer or the seller, of the price paid and the return for the customer in case of abroad trips, and also to provide an immediate economic resource, in case of a forced return of the customer from extra comunitarian countries, in case of emergencies, due to the organizer or not, it is established as a national warranty fund receivable at the Prime Minister Council Office.

Insurance

Due Mondi Viaggi e Turismo s.r.l. is covered by insurance policy n. 4164155/E with the Compagnia Navale Assicurazioni S.p.A. for the civil responsibility of art. 15 e 16 del DLT 17.03.1995, n. 111.

Competent court

For any possible dispute reflecting the relations regulated by the herein contract, the Spoleto Court is the exclusive competent court.

Other

ART. 16 L 269/98: Italian law punishes with imprisonment the crimes related to prostitution and minor pornography, even if perpetrated abroad. commessi all'estero.

Technical card: program in conformity with Legge Regione Umbria n. 42/85; program validity until 31st december 2006; prices are expressed in euro and centisimal fractions, when not clearly espressed they are to be intended as equal ,00.

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