Terms of Sale
1. SOURCES LAWS
The sale of packages which have as their object services to provide both national and foreign territory, is governed by L 27/12/1977 n ° 1084 with implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 - as applicable - and the Consumer Code of the D. Decree no. 206 of September 6, 2005 (Sections 82-100) and its subsequent amendments.
2. AUTHORIZATIONS
The Organizer and the Seller of the package, which the Consumer is directed, must be allowed to run their business according to the applicable administrative rules.
3. DEFINITIONS
For the purposes of this contract shall apply:
a) Organising travel, the person making the combination of the items in the following Article. 4 and undertakes in his own name and to provide flat fee packages to third parties;
b) Seller, the person who sells or agrees to procure packages made under the following Article. 4 to a lump sum payment;
c) Consumer package tours and the purchaser, transferee of a tour package or any person even to be nominated, provided they meet all the conditions required for the use of the service, on whose behalf the principal contractor agrees to take an unpaid package.
4. CONCEPT OF PACKAGE
The concept of a package is as follows:
"The packages are subject to travel, holidays and" all inclusive ", resulting from the combination of at least two of the items listed below, sold or offered for sale at an inclusive price, and for longer than 24 hours or extending over a period of time including at least one night:
a) transport;
b) accommodation;
c) tourist services not ancillary to transport or accommodation (omitted) ....... that constitute a significant part of the "package" (Article 84 Consumer Code.).
The consumer has the right to receive a copy of the contract for the package (under Articles. Consumer Code 85 and 86.), Who is also a document to apply for the Guarantee Fund under Article. 20 of these General Conditions of Contract.
5. INFORMATION REQUIRED - TECHNICAL
The organizer has the obligation to implement the program in the catalog or out of print a data sheet. The elements required to be included in this data sheet:
- Administrative details of the business or, if applicable, the DIA organizer;
- Of the insurance policy of liability insurance;
- Period of validity of the online catalog or program out of print;
- Terms and conditions for the replacement of the traveler (Article 89 Consumer Code.);
- Other parameters and adjustment of the travel price (Article 90 Consumer Code.).
The organizer will also inform passengers about the identity of the / s carrier / s actual / s on time and in the manner provided by art. 11 of EC Regulation 2111/2005.
6. RESERVATIONS
The proposed reservation must be made on a contract form, if appropriate electronic fully completed and signed by the customer, who will receive a copy. The acceptance of a reservation shall be considered complete, resulting in the conclusion of the contract only when the organizer sends confirmation, including by electronic system, the client at the agency selling travel.
The particulars of the package is not contained in the contract documents, brochures or other means of written communication will be provided by the Organisers in fulfillment of obligations under article at your own expense. 87, paragraph 2 of the Consumer Code. before the trip.
7. PAYMENTS
The extent of the advance, up to a maximum of 25% of the price of the package, due at time of booking or on application challenging and the date by which, before departure, the balance must be paid, are from the online catalog, from the brochure or by anything else.
In case of failure to pay amounts above by the Consumer or non-payment of sums Organizer intermediary agency, the agency intermediary or the Organiser will be entitled to declare the contract - and that even if which the organizer has sent to the Consumer titles of legitimacy (so-called "voucher") or tickets - with the consequent application for cancellation penalties provided for in art. 10, paragraph IV.
8. PRICE
The price of the package is determined in the contract, with reference to what is stated in the catalog on-line or off-catalog program and to any change of the same catalogs online programs out of print or subsequently added. It can be changed up to 20 days before departure and only in consequence of changes in:
- Transportation costs including the cost of fuel;
- Dues, taxes on certain types of tourist services such as taxes, landing fees, landing or embarking at ports and airports;
- The exchange rates applied to the package in question.
For these changes we will refer to the exchange rates and the costs set out above on the date of publication of the program as reported in the data sheet of the online catalog or on the date shown in the updates above.
Fluctuations will affect the price of the package holiday within the percentage specified in the technical program of the online catalog or the catalog.
9. MODIFICATION OR CANCELLATION OF THE PACKAGE BEFORE DEPARTURE
Before departure, the organizer or seller who needs to significantly change one or more elements of the contract, shall give immediate notice in writing to the Consumer, indicating the type of modification and variation of the resulting price.
If you do not accept the proposed amendment referred to in paragraph 1, the consumer may exercise the right to either regain the amount already paid or to enjoy the offer of a tour package was replacing under 2 nd and 3 rd paragraph of Article 10 .
The consumer may exercise the rights mentioned above, even when the cancellation depends on the failure to reach the minimum number of participants in the on-line or out of print in the program, or in cases of force majeure and fortuitous events, related to the package purchased.
10. WITHDRAWAL OF CONSUMER
The consumer may cancel the contract without paying any penalty in the following cases:
- Increase in the price referred to in art. 8 in excess of 10%;
- The significant modification of one or more elements of the contract objectively as being crucial to the enjoyment of the tourist package considered and proposed by the Organisers after the conclusion of the contract but before departure and not accepted by the consumer.
In the above cases, the consumer has the right either:
- Make use of an alternative tourist package, at no extra cost or with the return of the overcharge, if the second package has a value lower than the first;
- The refund of the amount already paid. Refund must be made within seven working days of receipt of the request for reimbursement.
The consumer must communicate his decision (to accept the change or withdraw) no later than two business days from the moment he received the notice of increase or modification. In the absence of express notice within such period, the proposal made by the Organiser is considered accepted.
Consumer who withdraws from the contract prior to departure outside of the assumptions listed in the first paragraph, or in the case provided for by art. 7, paragraph 2, will be charged - regardless of the payment of the advance in art. 7 paragraph 1 - the cost of personnel management practice, the damages at the rate indicated in the technical program of the catalog online or out of print or customized trip, any amount of insurance coverage already required at the conclusion of the contract or other services already rendered.
In the case of organized groups such amounts will be agreed from time to time upon signing the contract.
11. AMENDMENTS AFTER DEPARTURE
The Organiser, if after the departure is unable to provide for any reason, except for circumstances depending on the consumer, an essential part of the services included in the contract, will provide alternative solutions, without additional cost to the contractor and where the service offered is of lower value than those stipulated repay an amount equal to such difference.
If it is not possible to make such arrangements, or the solution offered by the Organiser is refused by the Consumer for proven and justified reasons, the organizer will provide without additional charge, a vehicle equivalent to the one originally scheduled to return to the starting or any other agreed place, consistent with the availability of resources and places, and will reimburse the consumer the difference between the cost of benefits provided and services performed up to the time of anticipated return.
12. SUBSTITUTIONS
The consumer may be substituted by another person provided that:
a. The Organiser is informed in writing at least 4 days before the date fixed for the departure, receiving communication about the reasons for replacement and of the transferee.
b. the transferee meets all the conditions for using the service (pursuant to art. Consumer Code 89.) and in particular the requirements for passports, visas, health certificates.
c. the same services or other services may be provided in place following the replacement.
d. the substitute reimbursement Organizer for all additional costs incurred to replace, to the extent that will be quantified before the sale.
The transferor and transferee are jointly liable for the payment of the balance due and the amounts referred to in subparagraph d) of this Article.
Any terms and conditions of substitution are indicated in the data sheet.
13. OBLIGATIONS OF CONSUMER
In the course of negotiations and before the conclusion of the contract, the Italians are the provision of written information of a general nature - of the date of online publication and catalog printing - obligations relating to health and the necessary documentation for travel abroad. Foreign citizens reperiranno the corresponding information through their diplomatic missions in Italy and / or their official government information channels.
In any case, the Consumer will provide, prior to departure to verify the update with the competent authorities (for Italian citizens, the local police headquarters or the Ministry of Foreign Affairs through the website or the helpline www.viaggiaresicuri.it Telephone number 06.491115 ) adeguandovisi before traveling. In the absence of such verification, no responsibility for the failure of one or more starting Consumers will be charged to the Seller or the Organizer.
Consumers must inform the Seller and the organizer of their citizenship and, at the time of departure, will definitely make sure to bring proof of vaccination certificates, passports and all the other valid for all countries to be visited, as well as stay visas, transit and health certificates if required.
Furthermore, in order to assess the health and safety needs of recipient countries and, therefore, the objective of usability services purchased or to be purchased, the consumer will retrieve (using the information sources indicated in paragraph 2) the information officers of character General at the Ministry of Foreign Affairs which specifically indicates if targets are not subject to formal or discourage.
Consumers should also follow the observance of the rules of prudence and diligence to those specifications which apply in countries of destination, all information provided to them by the Organiser, regulations and administrative rules or laws relating to the package. Consumers will be liable for all damages that the organizer and / or the Seller may suffer also because of failure to comply with the requirements listed above, including the costs necessary for their return.
The consumer must provide to Sponsor all documents, information and facts in its possession relevant to the exercise of the right of subrogation against third parties responsible for damage and be liable to the organizer of the injury caused to the right of subrogation.
The consumer must also inform the Organisers in writing, at the time of booking, any special personal requests that may be the subject of specific agreements on the travel arrangements, provided that they are possible to implement.
The consumer is always required to notify the Seller and the organizer of any special needs or conditions (pregnancy, food allergies, disabilities, etc ...) and to explicitly specify the request for personalized services.
14. HOTEL CLASSIFICATION
The official classification of hotels is provided in the online catalog or other informative material only according to the formal instructions of the competent authorities of the country where the service is delivered.
In the absence of official classifications recognized by the competent public authorities of EU member countries, even where the service is provided, the Organiser reserves the right to provide in the online catalog or brochure in his own description of the accommodation, such as to permit an evaluation and subsequent acceptance by the consumer.
15. SYSTEM OF LIABILITY
The organizer is liable for damage caused to the consumer due to total or partial performance of the contract, whether these be performed by himself or by third party providers of services, unless he proves that the event was caused by Consumer (including initiatives undertaken by the latter during the performance of travel services) or by circumstances beyond the provision of services under the contract, by accident, force majeure or by circumstances which the Organization could not , according to professional diligence reasonably foresee or forestall.
The Seller in which proceedings have already booked the package will not, under any circumstances for the obligations arising from travel, but is only liable for the obligations arising from his role as intermediary and at the limits applying to such liability under current rules in the field.
16. LIMITS OF COMPENSATION
The harm resulting from the execution of dall'inesatta or services covered by the package tour is paid up to the limits set by rules established by international conventions governing the individual services that form the bundle. In any case, the compensation paid by the organizer can not exceed for each passenger, the amount of 50 thousand gold francs for personal injury Germinal, Germinal 2 thousand gold francs for property damage, 5 thousand Germinal gold francs for any damage ( Article. 13, c. 2, CCV). The compensation paid by the Seller shall not exceed, for each traveler, the limit of 10 thousand Germinal gold francs (art. 22, c. 2, CCV).
17. DUTY OF CARE
The organizer is obliged to lend assistance to the consumer imposed by the criterion of professional diligence in respect of obligations solely at your own expense is required by law or contract.
The Organizer and the Seller shall be exempt from their responsibilities (sections 15 and 16 of these General Conditions), where failure or improper performance of the contract is attributable to the Consumer or derives from the fact that one third to unforeseeable or unavoidable, or was caused by a fortuitous event or force majeure.
18. CLAIMS AND COMPLAINTS
Any failure in the contract shall be subject to revocation, be challenged by the consumer without delay so that the Organiser, its local representative or the guide may remedy the situation promptly. Otherwise it can not be denied the breach of contract.
The consumer will also - on penalty of forfeiture - a complaint by sending a registered letter with acknowledgment of receipt, the organizer or the Seller, not later than ten working days from the date of return to the place of departure.
19. INSURANCE AGAINST CANCELLATION AND RETURN
To subscribe to a Journey of Evolution Travel Italy, the Consumer is obliged to adhere to policies inclusive HEALTHCARE / MEDICAL EXPENSES / DAMAGE TO BAGGAGE / TRIP CANCELLATION. Alternatively, you represent and, if required, demonstrate that it has entered other insurance covering the same risks for the same sum insured, giving the same to the bill proposed by Evolution Travel Italy. The rights arising from insurance contracts can be exercised only in respect of the Consumer Insurance Companies policyholders.
20. GUARANTEE FUND
The National Guarantee Fund (Art. 100 Consumer Code.) Established to protect consumers who are in possession of the contract provides for the following needs in case of insolvency or bankruptcy of the Seller or the Organiser said:
a) refund the price paid.
b) repatriation in case of foreign travel.
The Fund must also provide available funds in case of forced return of tourists from countries outside the EU at whether or not due to the behavior of the Organiser.
The modalities of the Fund are established by the decree of the Prime Ministers of 23/07/99, no. 349. The Organiser and / or the Seller is conducive to the Fund in proportion of 2% in the premium of mandatory insurance policies taken out by the Organiser and / or the Seller for the liability towards the consumer.
ADDENDUM
GENERAL CONDITIONS OF CONTRACT FOR SALE OF SINGLE SERVICES
A) Legislation
The contract covers the supply of the only transport service, only the service or accommodation or any other separate tourist service, can not be considered as a case in point of organizing a trip or a package, are governed by the provisions of the CCV : art. 1, no. 3 and n. 6, Arts. 17 to 23; Articles. 24 to 31, (limited to the parts of those provisions which do not relate to the organization contract) and other agreements specifically related to the sale of a single service contract.
B) CONDITIONS OF CONTRACT
These contracts are also subject to the following clauses of the general conditions of contract for the sale of packages above: art. 6 para 1, art. 7, paragraph 2, art. 13, art. 18.
The application of these clauses does not determine the configuration of its services as a case of a tourist package. The terminology of the above mentioned clauses relating to the contract package (Organiser, Travel etc..) Can be understood with reference to the corresponding figures of the sales contract for accommodation services (Seller, Stay etc..).
Approved in September 2007 by Astoi, Assoviaggi, Assotravel, Fiavet
Approved by Assotravel, Assoviaggi, and Astoi Fiavet
EXCURSIONS IN LOCO
The tours, services and supplies acquired by the Purchaser in the spot and not included in the price of the package are foreign to the object of the contract entered into by Evolution Travel in Italy as an organizer. Therefore no responsibility can be ascribed to Evolution Travel Italy by way of organizing or of broker services even in the event that, as a courtesy, residents, carers and local correspondents they could deal with booking these trips.
NOTICE REQUIRED UNDER ARTICLE 17 OF LAW NO 38/2006
The Italian law punishes with imprisonment for offenses relating to prostitution and child pornography, even if committed abroad.
INFORMATION REQUIRED UNDER REG. 2027/1997
Community air carriers and those belonging to the States Parties to the Montreal Convention 1999 are subject to the following liability:
There are no financial limits on air carrier liability for damage from death, injury or personal injury to a passenger.
For damages above 100,000 SDRs (approximately EUR 120,000) the air carrier can defend itself against a claim only if it can prove that the damage was not at fault.
In case of delay in transporting passengers, the carrier is liable for damage up to a maximum of 4,150 SDRs (approximately EUR 5,000).
In the case of destruction, loss, damage or delay to baggage, the carrier is liable for damages up to 1,000 SDRs (approximately 1,200 euros).
You can make a special declaration of higher value of the luggage or sign a special insurance by paying the relevant charges at the latest time of acceptance.
The vectors belonging to non-Parties to the Montreal Convention may apply different liability regimes from above.
A summary of the main provisions governing the liability of carriers who work with Evolution Travel Italy is also available on request from our offices.
The responsibility of tour operators towards the passenger remains in any case governed by the Consumer Code and the General Conditions of Contract published in this online catalog.
INFORMATION FOR PASSENGERS UNDER REG. 2111/2005
The name of the carrier who will perform the / your i / the flight / s is shown in the booking confirmation sheet, any changes will be communicated promptly in accordance with Regulation 2111/2005.