GENERAL CONDITIONS OF CONTRACT OF SALE OF TOURIST PACKAGES and INTERMEDIATION FOR INDIVIDUAL TOURIST SERVICES
IN BELLATOR FRUSINO INCOMING TOUR ORGANIZER & TRAVEL AGENCY DMC SUD LAZIO
- LEGISLATIVE SOURCES
The sale of tourist packages, comprised of services to be provided on both national and foreign territory, is governed by Law no. 1084 of 27 December 1977 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970 – insofar as this is applicable – and by the Italian Code of Tourism indicated in Legislative Decree no. 79 of 23 May 2011 (articles 32 – 51) and subsequent amendments.
The tour operator and seller of the tourist package, with whom the consumer deals, must be authorised to carry out their respective activities in accordance with administrative regulations in force, including at regional level. In accordance with article 18(IV) of the Italian Code of Tourism, the words “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other similar words and phrases, including in a foreign language, may be used exclusively in the names of the licensed companies indicated in paragraph 1.
For the purposes of this contract, the following definitions shall apply:
- a) tour operator: the person who undertakes, in its own name and in exchange for a one-off payment, to procure tourist packages for third parties, combining the services indicated in article 4 below or offering the tourist, even via remote communication systems, the possibility of putting together a package autonomously and purchasing it;
- b) intermediary: the person who, not necessarily professionally and not for profitable gain, sells or undertakes to procure tourist packages put together in accordance with article 4 below in exchange for a one-off payment;
- c) tourist: the purchaser, the transferee of a tourist package or any person, including unnamed persons, provided that they meet all the conditions required to be able to use the service, on whose behalf the main contractor undertakes to purchase a tourist package without remuneration.
- THE NOTION OF ‘TOURIST PACKAGE’
The notion of tourist package is as follows: “Tourist packages comprise journeys, holidays and “all-inclusive” tours, resulting from the pre-arranged combination of at least two of the services indicated below that are sold or offered for sale at a fixed price, lasting more than 24 hours or covering a period of time that includes at least one night:
- a) transport;
- b) accommodation;
- c) tourist services not ancillary to transport or accommodation (omitted) ….. that form a significant part of the “tourist package” (article 34 of the Italian Tourism Code).
The consumer, by accepting this contract, also declares that he/she has read it in full, and has downloaded a copy of it in digital form. The contract is also a document which may be used to access the Guarantee Fund indicated in article 20 of these General Conditions of Contract.
- OBLIGATORY INFORMATION – TECHNICAL SPECIFICATIONS
The tour operator shall make technical specifications available in the brochure or in a separate programme – even on an electronic support or via the Internet. The following must appear on the technical specifications provided in the brochure or separately to it:
– details of the administrative authorisation or, if applicable, the D.I.A. or S.C.I.A. of the tour operator;
– details of the tour operator’s civil liability insurance policy;
– the period of validity of the brochure or programme provided separately to it;
– ways of and conditions for transferring bookings (article 39 of the Italian Tourism Code);
– parameters and criteria for adjusting the price of the trip (article 40 of the Italian Tourism Code).
The tour operator shall also include any other special conditions in the technical specifications.
Upon conclusion of the contract the tour operator shall also inform passengers of the identity of the actual carrier/s, without prejudice to article 11 of Regulation EC no. 2111/2005 and whether or not it/they feature on the so-called “black list” provided for by the same Regulation.
The booking request is made via the same form used by the consumer on the website of the tour operator. A booking shall be understood as accepted by Incoming Liguria S.r.l., and the contract therefore concluded, only when the consumer receives confirmation from IN Bellator Frusino, even electronically, which may be sent either directly to the client or to the travel agency used by the latter. Information on the tourist package that is not included in the contractual documents, in the brochure or in other written communications, shall be provided by the tour operator in accordance with its obligations pursuant to article 37(2) of the Italian Tourism Code before starting the trip. The booking request must contain the dates requested by the customer, the names of all participants as indicated on the passport and details which can be useful to quote and book the requested services.
The price of the tourist package and individual tourist services shall be established in the contract, and refers to the information shown in the brochure and on the website up until the last date of validity of the price list and then, upon the expiration of this, to the information given in the booking request. The price may be changed up until 20 days before departure and only as a result of changes in:
– transport costs, including the cost of fuel, ETS (Carbon Tax);
– taxes and fees imposed on certain types of tourist services, such as landing fees, boarding and disembarkation fees in ports and airports;
– exchange rates applied to the package in question.
For these changes reference shall be made to the exchange rates and costs indicated above in force as at the date of publication of the programme, shown on the technical specifications in the brochure, or as at the date indicated when the changes are made.
Changes will have an effect on the overall price of the tourist package in the percentage expressly indicated in the technical specifications in the brochure or on the programme provided separately to it.
- ALTERATIONS TO OR CANCELLATION OF A TOURIST PACKAGE BEFORE DEPARTURE
Before departure a tour operator or seller that needs to make significant alterations to one or more elements of the contract shall give immediate written notification of this to the consumer, indicating the type of alteration and the resulting change in price. If the consumer does not accept the proposed alteration indicated in paragraph 1, he may alternatively exercise his/her right to a refund of the amount he/she has already paid or accept an alternative tourist package in accordance with paragraphs 2 and 3 of article 10. The consumer may exercise the rights indicated above even when the tourist package he/she has purchased is cancelled due to the tour operator failing to secure the minimum number of participants required according to the brochure or the programme provided separately to it, or due to force majeure or unforeseeable circumstances. For cancellations made for reasons other than force majeure, unforeseeable circumstances or the tour operator failing to secure the minimum number of participants required, or for reasons other than the consumer failing to accept the alternative tourist package offered, the tour operator (article 33(e) of the Italian Consumer Code) shall refund the consumer twice the amount he/she has paid. The amount that is refunded may never be more than twice what the consumer would owe as at that same date in accordance with article 10(4) if the cancellation is made by the consumer him/herself.
- WITHDRAWAL OF THE CONSUMER AND EXCLUSIONS
The consumer may withdraw from the contract, without paying any penalties, in the following circumstances:
– if the price indicated in article 8 above is increased by more than 10%;
– if one or more elements of the contract that may be objectively considered essential for the purposes of using the tourist package as a whole are altered significantly and proposed by the tour operator after the contract has been concluded but before departure and are not accepted by the consumer.
In the cases indicated above, the consumer is alternatively entitled:
– to an alternative tourist package, at no extra cost or with a refund of any excess paid, if the second tourist package is cheaper than the first;
– to a refund of just the part of the price already paid. The refund must be made within seven working days of receiving the refund request.
The consumer must give notification of his/her decision (to accept the alteration or withdraw) within and no later than 2 working days of receiving the notification of the increase in price or alteration. If the consumer fails to send express notification by the aforementioned deadline, the proposal of the tour operator shall be considered accepted. A consumer who withdraws from the contract before departure for reasons other than those indicated in paragraph 1 will be charged an administration fee, a penalty – the amount of which is indicated in the technical specifications in the brochure – and the cost of any insurance cover already requested upon conclusion of the contract or other services that have already been provided. For sales concluded online, by telephone or via email, the consumer may not exercise the right to withdraw pursuant to and in accordance with the combined provisions of article 55(1)(b) of Legislative Decree no. 206/2005 and article 32(2) of Legislative Decree no. 79/2011.
11.ALTERATIONS MADE AFTER DEPARTURE
If, after departure, the tour operator finds that it is not able to provide, for any reason other than one regarding the consumer, an essential part of the services included in the contract, it must offer alternative solutions, at no extra cost and, if the services provided are cheaper than those originally provided for, refunding the difference. If no alternative solution is possible, or the consumer refuses the solution offered by the tour operator for proven and justified reasons, the tour operator shall, at no extra cost, provide the consumer with equivalent means of transport to that which was originally stipulated back to the place of departure or to another agreed place, subject to the availability of means and seats, and shall reimburse the difference between the cost of the services originally provided for and those actually provided up until the point of early return.
- TRANSFERS OF BOOKINGS
A consumer who withdraws may transfer his/her booking to another person, as long as:
- the tour operator is informed in writing at least 4 working days before the date booked for departure, and is also informed of the reasons for the transfer of the booking and the details of the transferee;
- the transferee satisfies all the conditions for being able to use the service (pursuant to article 39 of the Italian Tourism Code) and in particular, meets the passport, visa and medical certificate requirements;
- the same services or other replacement services can be provided following the transfer;
- the transferee reimburses the tour operator for any extra costs incurred in transferring the booking, the exact amounts of which will be specified before the booking is transferred.
The transferor and the transferee shall be jointly liable for paying the balance of the price in addition to the amounts indicated in letter d) of this article. Further methods and conditions for transferring a booking are indicated in the technical specifications.
- OBLIGATIONS OF CONSUMERS
During negotiations and at any rate before concluding the contract, Italian citizens will be provided with information via the brochure on health requirements and documentation required for travelling abroad. Foreign citizens may acquire the corresponding information from their diplomatic representatives in Italy and/or respective official government information channels. At any rate, before departure, consumers must check for any updated information with the relevant authorities (for Italian citizens, local police headquarters or the Ministry of Foreign Affairs) by visiting the website www.viaggiaresicuri.it or calling 06.491115), making sure they meet all the relevant requirements before travelling. If the consumer fails to check this information, the seller or tour operator shall not be held liable in any way if one or more consumers is prevented from departing. Consumers must inform the seller and tour operator of their nationalities and, upon departure, must definitively confirm that they hold the relevant vaccination certificates, their own passports and any other necessary documents, valid for all the countries included in the itinerary, as well as any tourist or transit visas and medical certificates that may be required. Furthermore, in order to assess the health and security situation of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the consumer shall obtain (using the sources indicated in paragraph 2) general official information from the Ministry of Foreign Affairs that expressly indicates whether or not travel to these destinations is formally advised against. Consumers must also follow the rules of normal prudence and diligence and any specific rules in force in the countries of destination, as well as all information provided to them by the tour operator and the administrative or legislative regulations governing the tourist package. Consumers will be liable for any damage caused to the tour operator and/or the seller also due to non-compliance with the obligations indicated above. The consumer must provide the tour operator with all documents, information and elements in his/her possession required to exercise his/her right of subrogation against third parties liable for damages, and is liable to the tour operator for any prejudice caused to the right of subrogation. The consumer must also inform the seller and tour operator of any requirements or special conditions (pregnancy, food allergies, disabilities, etc.) he/she may have and explicitly request the related personalised services.
- CLASSIFICATION OF HOTELS
The official classification of hotel facilities shall be provided in the brochure or in other informative material only on the basis of express and formal indications from the authorities with jurisdiction in the country where the service is provided. In the absence of official classifications recognised by the public authorities with jurisdiction in the country where the service will be provided, including member states of the EU, the tour operator reserves the right to provide its own description of the accommodation, to allow the consumer to evaluate and then accept it.
- OUR LIABILITY
IN BELLATOR FRUSINO will not be responsible for damage caused by the customer on their own initiative during the execution of tourist services, or arising from a third party not connected with the provision of services which do not form part of our contract, or which are unforeseeable or unavoidable or force majeure.
- LIMITS TO COMPENSATION
Compensation for damages may not under any circumstances exceed the ceilings indicated in articles 94 and 95 of the Italian Consumer Code.
- OBLIGATION TO PROVIDE ASSISTANCE
The tour operator must provide the consumer with the assistance laid down by the criterion of professional diligence exclusively in reference to its obligations as stipulated by law or the contract. The tour operator and the seller are exempt from their respective responsibilities (articles 15 and 16 of these General Conditions) when the consumer is responsible for the breach or incorrect performance of the contract or when this is due to an unforeseeable or inevitable outside event or caused by unforeseeable circumstances or force majeure.
- CLAIMS AND COMPLAINS
In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of the local representative or manager in order to have the opportunity to correct any matter during the holiday.
Alternatively the consumer must – on pain of losing the right to appeal – submit his claim by sending a recorded delivery letter, with return receipt, to the tour operator or the seller, within and no later than ten working days of the date on which he returned to his place of departure.
19.INSURANCE AGAINST CANCELLATIONS, REPATRIATION, MEDICAL AND LUGGAGE COSTS
If it is not expressly included in the price, it is possible, and indeed advisable, for the consumer to take out special insurance policies, upon making the booking at the offices of the tour operator or the intermediary, to cover any costs that may arise from the cancellation of the tourist package, accidents and anything that may happen to luggage. The consumer may also enter into an assistance contract covering repatriation costs in the event of accident, illness, unforeseeable circumstances and/or force majeure. The tourist may exercise his/her rights under these contracts exclusively against the contracting insurance companies, on the conditions and in the ways provided for by the policies.
- GUARANTEE FUND
The National Guarantee Fund (article 51 of the Italian Tourism Code), which was established to protect consumers with a contract, provides for the following if the seller or the tour operator declares insolvency or bankruptcy:
- a) a refund of the price paid;
- b) repatriation in the event of travel abroad.
The fund must also provide immediate economic assistance if tourists from countries outside the European Union are forced to return home in the event of an emergency, whether or not this is caused by the behaviour of the tour operator. The methods of intervention of the Fund are established in Decree of the President of the Council of Ministers no. 349 of 23 July 1999.
- INSURANCE AND ADMINISTRATIVE WARRANTY
IN Bellator Frusino is covered by ALLIANZ – Global Assistance, the “ Organizers and Travel Intermediaries ” Liability Insurance through which we undertake to sign the contract with the client appointed for each package.
Insurance is valid up to the following limits :
*Civil and Professional Responsibility ( Art. 25 ) : € 2.066.000,00 per event and subject to sub-limits :
- For personal injury referring to Articles 13 and 22 ( L. 27.12.1977 n. 1084 ) to a maximum of € 300.000,00
- For non – personal injury referring to Articles 13 and 33 ( L. 27.12.1977 n. 1084 ) to a maximum of € 50.000,00
- Per event referring to Art. 26 : € 1.550.000,00
- Third Part Liability Insurance ( Art. 28 ) : € 1.000.000,00 per event to a sublimit of € 260.000,00 for any possible damage to persons and property or animals
- Employees Liability Insurance ( Art. 32 ) : € 260.000,00 per person involved and event
- APPLICABLE LAW, EXCLUSIVE JURISDICTION AND CONCILIATION CLAUSE
We both agree that Italian Law will apply to your contract and that any dispute or claim which arises between us must be dealt with by the exclusive Jurisdiction of Rome. We both also agree that any dispute, claims for damages, or any matter related to the contract such as its interpretation, validity, effectiveness, execution and resolution, shall be submitted to Dispute Mediation Service according to the Rules and Regulations laid down by the Mediation System of the Association “ Immediata – ADR, C.F. 97555280581, registered in the Register of the Mediation Bodies ( N. 49 ) of the Ministry of Justice pursuant to D.L. n. 28/10 and M.D. n. 28/2010 According to Art. 4, 1st Par. of D.L. n. 28/2012, we both agree that the mediation request must be presented to the Secretary’s office of the Mediation Body by the applicant or the two parties involved in the dispute. The registered office is in Rome, Via della Giuliana n. 4, CAP 00195.
ADDENDUM – GENERAL CONDITIONS OF CONTRACT GOVERNING THE INTERMEDIATION OF INDIVIDUAL TOURIST SERVICES
- A) LEGAL PROVISIONS
Contracts governing the sale of just transport, accommodation or any other individual tourist service and that therefore do not concern a tourist package, are governed by the following provisions of the CCV: points 3 and 6 of article 1, articles 17 to 23 and articles 24 to 31, with the exclusion of references to contracts for organised travel or other agreements specifically referring to the sale of the individual service governed by the contract.
- B) CONDITIONS OF CONTRACT
The following clauses of the general conditions of contract of sale of tourist packages shown above also apply to these contracts: article 6(1), article 7(2), article 13 and article 19. Applying these clauses does not make these contracts those of a tourist package. The terms used in these clauses in relation to tourist package contracts (tour operator, trip, etc.) should therefore be understood in reference to the corresponding terms used in the contract of sale for individual tourist services (seller, stay, etc.).
TECHNICAL SPECIFICATIONS – SUPPLEMENTARY CONDITIONS OF IN BELLATOR FRUSINO
Withdrawal of the consumer (article 10)
A consumer who withdraws from the contract before departure and not under the circumstances listed in the first paragraph of article 10 of the General Conditions will be charged an administrative fee and the following cancellation fees:
15% of the total amount due up to 45 working days before departure;
25% of the total amount due from 44 up to 30 working days before departure;
50% of the total amount from 29 up to 15 working days before departure;
75% of the total amount from 14 calendar days up to 7 working days (excluding Saturday) before departure;
100% of the total amount any later than this.
The customer is required to pay a deposit of 30% of the total amount of the tourist package at the time of booking. The balance of the holiday cost must be received by us within 45 days prior to departure. Bookings made within 45 days prior to departure require full payment at the time of confirmation. If we do not receive all payments due in full and on time, IN Bellator Frusino is entitled to cancel your booking.
Payments must be made :
- By Bank Transfer ( IN Bellator Frusino will provide bank accounts details )
- By Credit Card ( Visa and Mastercard Accepted )
Obligatory notice in accordance with article 17 of Law no. 38/2006 Under Italian law, crimes involving prostitution and child pornography are punishable by imprisonment, even if committed abroad.
Information notice pursuant to article 13 of Legislative Decree no. 196/03 (personal data protection) Personal data – which must be given to conclude and perform the contract – is processed, in full compliance with Legislative Decree no. 196/2003, on paper and digitally. The data will only be sent to the suppliers of the services included in the tourist package.
The client may, at any time, exercise his/her rights pursuant to article 7 of Legislative Decree no. 196/03 by contacting Incoming Liguria S.r.l. Tour Operator, Via Ponte Degli Spinolas, 16128 Genoa, the data controller
Logistics and programming:
IN BELLATOR FRUSINO
Piazza Garibaldi, 2 03100 Frosinone– Italy Provincial Authorisation: FR 0069416 del 10.06.2015 – CCIAA di FR 179632 P.IVA 02807910605
Insurance policy AGA – ALLIANZ GLOBAL ASSISTANCE S.A., no. 195063 for a maximum of €2,066.000,00.con i sottolimiti indicati all’ art. 21 del presente contratto