General terms and conditions for the sale of tour packages
1) PREMISE. THE CONCEPT OF TOUR PACKAGE
a) Legislative decree n.79/2011 establishes, for the protection of the consumer, that the organizer and seller of the tour package addressed by the consumer, shall have the administrative authorization to carry out their activity.
b) The consumer is entitled to a copy of the tour package sales contract (in compliance with article 3, legislative. decree 79/2011, “Code of Tourism”), which is the document indispensable for eventual access to the Guarantee Fund as per article 51 of Code of tourism, art.17 of the present General Terms and Conditions.
The concept of “tour package”(art. 34 legislative decree 79/2011, art.34) is defined as follows: Tour packages have as their purpose travel, holidays and “all inclusive” circuits resulting from the pre-established combination of at least two of the elements indicated hereunder, sold and offered at a lump sum:
c) tourist services not connected with transportation or accommodation (omissis)…which constitute a significant part of the “tour package”.
2) LEGISLATIVE SOURCES
The sales contract of the tour package is regulated, besides the present General Terms, by the clauses indicated in the travel documents received by the consumer.
Said contract, having as its purpose services to be supplied either within the national territory or abroad, shall be moreover regulated by the provisions – as applicable – of Law n. 1084 of 27/12/1977 ratified and implemented by the International Convention relative to travel contracts (CCV) signed in Brussels, 23/4/1970, as well as by the above mentioned Legislative decree n. 79/2011
Acceptance of reservations by Giroola Srl is subject to availability. Reservations will be considered final following confirmation by Giroola Srl, even via e-mail or fax, to the client.
Indications relative to the tour package not contained in the contract documents, brochures or other forms of written communication, will be supplied in time by Giroola Srl prior to the initial starting date in compliance with its duties as envisaged by Legislative . decree n. 79/2011.
Upon booking, a registration fee and a deposit of 25% of the total amount is required. Full payment is due 30 days prior to departure. For reservations made within 30 days of departure, full payment is due upon booking. Lack of payment of the abovementioned sums on the dates established constitutes grounds for cancellation of reservations such as to determine, on the part of Giroola Srl, the right to terminate the contract.
5) TRANSFER OF CONTRACT
The client renouncing the contract may be substituted by another person provided that:
a) Giroola Srl be given written notice at least 4 weekdays prior to the date of departure, together with the necessary personal data of the transferee;
b) The transferee be able to satisfy all the conditions for the fruition of the service ( ex article 10 of Legislative decree n.111/95) and in particular the requisites relative to passports, visas, health certificates;
c) The transferee refund Giroola Srl for all expenses incurred for the transfer of the contract for the sum specified before the transfer.
Moreover, the transferor and the transferee are both accountable for the payment in full of the tour package price as well as for the sum as per item (c) of the present article.
As far as certain types of services are concerned, third party suppliers have the right to refuse the substitution of the transferee, even if effected within the time limit specified as per item (a) of the present article. Giroola Srl will therefore not be held responsible for the eventual non-acceptance of the substitution on behalf of third parties. This non-acceptance shall be notified in good time by Giroola Srl to the parties involved before departure.
In the event of withdrawing from the tour package contract, the client is, in any case, liable for the payment of the tour package price. If withdrawal takes place for reasons beyond those envisaged in article 7 of the present General Terms, the client shall pay, in compliance with ex article 1373, paragraph III, Italian Civil Code, cancellation penalties as specified below:
- 10% of the tour package price within 30 days prior to departure
- 30% of the tour package price from 29 to 18 days prior to departure
- 50% of the tour package price from 17 to 10 days prior to departure
- 75% of the tour package price from 9 to 3 weekdays prior to departure
- 100% of the tour package price beyond these terms.
7) WITHDRAWAL OF CLIENT WITHOUT PENALTY
The client may withdraw from the contract, without incurring any penalty, in the following circumstances:
- a significant change of one or more elements of the contract which can be objectively considered as fundamental for the fruition of the tour package in its entirety and proposed by Giroola Srl. after the conclusion of the contract itself but prior to departure and not accepted by the client.
In the abovementioned circumstances, the client is entitled to the following options:
- the fruition of an alternative tour package, with no increase in price or with the restitution of the excess in price, if the second tour package costs less than the first;
- the restitution of any sum corresponded as partial payment. Said restitution must be made within seven weekdays from receiving the request for reimbursement.
The client must communicate the decision (to accept the change or to withdraw) within two weekdays from receiving notice of the price increase or change. In the absence of specific notice within the said term, the proposal made by Giroola Srl will be considered accepted. The client who decides to withdraw from the contract before departure for circumstances beyond those listed above shall pay, after deducting the account paid as per article 4, the penalty indicated in article 6.
8) TOUR VARIATIONS
Variations to the tour, requested by the client, after the confirmation of booking, could involve processing expenses for Giroola Srl and at times penalties charged by suppliers. If so, the customer will be charged. Partial withdrawal of some of the travellers under the same contract and the resulting decrease in number of tour members is to be considered partial cancellation and is consequently regulated as stated in article 6.
9) LIMITS OF LIABILITY
Giroola Srl will be liable for damage to the client due to total or partial breach of the stated contractual obligations, either effected personally or by third party suppliers of services, unless it is proved that the event was occasioned by the client (including the client’s autonomous initiatives taken in the course of execution of the tour services) or by circumstances extraneous to the fruition of the services envisaged in the contract, fortuitous events or “force majeur” , that is by circumstances that Giroola Srl could not have, with all due professional care, reasonably foreseen or solved. The eventual seller addressed by the client for the reservation of the tour package is in no case accountable for any obligation originating from the organization of the tour, liability being limited exclusively to the obligations originating from the seller’s role as intermediary and in any case within the limits for this liability envisaged by the laws or conventions abovementioned.
10) LIMITS OF COMPENSATION FOR DAMAGES
Compensation refundable by Giroola Srl for damages to the client shall in no case be superior to the indemnity foreseen by art.44, 45 and 47 of Decree 79/2011 and art.1783 and 1784 Civil code.
11) AMENDMENTS TO THE CONTRACT TERMS
- Before departure
Should the necessity arise for Giroola Srl. to make significant alterations to one or more terms of the tour contract, written notice will be given to the client indicating the type of amendment and the relative variation in price. The client shall communicate the choice made to Giroola Srl within two weekdays of receiving notice. Should the client not accept the change, it will be possible to withdraw from the contract without paying any penalty.
- After departure
When an essential part of the services foreseen by the contract cannot be furnished, Giroola Srl will take it upon itself to provide appropriate alternative solutions at no cost for the client, or to refund the client with the difference between the services foreseen and those furnished. Should it prove impossible to offer an alternative solution or should the client not accept the alternative for a justifiable reason, Giroola Srl will provide for means of transportation equivalent to that foreseen, subject to availability of seats, to allow for the client’s return to the place of departure or to other agreed destination.
12) CLASSIFICATION OF HOTELS
Giroola Srl has faithfully transcribed the official classification of the establishments present in the program. In the absence of official classification, the organizer, on the basis of his own evaluation criteria, will fix a classification based on the quality standards of each individual hotel.
13) REQUIREMENTS FOR TRAVELLERS
Travellers must be in possession of individual passports or other documents valid for travel to all the countries included in the itinerary, as well as visas for stay and transit and health certificates which might be eventually requested. Travellers shall, moreover, observe normal standards of prudent and diligent behaviour together with those specifically observed in the countries to be visited, and shall also give due consideration to all the information furnished by Giroola Srl and the regulations, administrative or legislative provisions relative to the tour package. Travellers will be liable for all damage incurred by Giroola Srl. due to travellers’ improper observance or failure to observe the abovementioned requirements. The consumer must provide Giroola Srl. with all the documents, information and elements in his/her possession useful in exercising the right of subrogation of the latter vis-à-vis third parties responsible for the damage. The consumer is accountable to the organizer for any detriment to the right of subrogation. At the time of booking, the consumer shall communicate in writing to Giroola Srl any particular special request which could be the object of specific agreements on the conditions of the tour, subject to the feasibility of same.
Every communication of improper or failed observance of the contractual obligations undersigned must be made without delay so that Giroola Srl can put matters right in good time. The traveller can in any case present a complaint in writing by means of a registered letter with return receipt to be sent within 10 weekdays of the return from the location of departure.
15) VALIDITY OF TOUR PACKAGE PRICES
Tour package prices are guaranteed by Giroola Srl at the time of booking confirmation, provided the respect of the payment times (art.4).
16) INSURANCE AND GUARANTEE FUND
Article 50 of Legislative decree n. 79 of 23/05/2011, has established a Guarantee Fund which can be utilized by all travellers in case of bankruptcy or insolvency of the operator for the refunding of the price paid and repatriation in case of travel abroad, as well as providing immediate availability of funds in case of forced repatriation from non-EU member states in emergencies, which may or may not be attributable to the organizer’s action.
After having booked your tour it is advisable to arrange for insurance coverage of expenses incurred in case of eventual cancellations.
All disputes between us will be governed by Italian law and any action which may arise under, out of, or in connection with, or relation to it, shall be brought only in the courts in the city of Ivrea (Italy).
Obligatory communication according to Article 16 of Law n. 269/98: Italian law punishes offenders of crimes relative to prostitution and pornography involving minors with imprisonment, even if said crimes are committed abroad
Addendum: GENERAL TERMS AND CONDITIONS FOR THE SALE OF INDIVIDUAL TOUR SERVICES
Contracts whose purpose is the sole provision of transportation services, or stay, that is, any other separate tour service, which cannot be specifically represented contractually as a tour organization, that is as a tour package, are regulated by the following CCV: article 1, n.3 and n.6; articles 17 to 23; articles 24 to 31, for those aspects which differ from those relative to the organization contract as well as the other agreements specifically referred to the sale of the single service which is the object of the contract.
B) CONTRACT CONDITIONS
To said contracts can be applied the following clauses of the general conditions for sale of tour packages abovementioned: article 4, paragraph 1; article 5; article 7; article 8; article 9; article 10, paragraph 1; article 11; article 15; article 17. However, in no case does the application of these clauses determine the representation of these contracts as tour packages. The terminology utilized in the abovementioned clauses relative to the contract for tour packages ( organizer, tour, etc.) must therefore be intended in reference to the corresponding parties to the sales contract for the sale of individual tour services (seller, stay, etc.).
Be advised of the following information. Obligatory communication according to Article 16 of Law n. 269/98: Italian law punishes offenders of crimes relative to prostitution and pornography involving minors with imprisonment, even if said crimes are committed abroad: respect for the rights of children knows no borders.
Privacy. Be advised that all personal data will be handled in the full respect of the provisions set out in Law n. 675/1996 and that the treatment of personal information by our Company is solely directed at performing the services constituting the object of the tour package. In any event, personal information will not be transmitted to third parties and can at any time be cancelled upon consumer’s request.