Booking Conditions

GENERAL TERMS & CONDITIONS

1. Organiser, applicable guidelines

The package tour to which this contract refers is organised by Agenzia di Viaggi e Turismo FUORITINERARIO di Ad2M s.r.l. – P.zza Umbria Jazz, 1 – 06125 Perugia – Italy. The contract referred to in these specifications, which has as its subject the offer of a package tour, is governed, as well as by these provisions, by the clauses indicated in the documentation of travel made available to the consumer.

The aforementioned contract, whether it concerns services to be provided on national territory or abroad, will in any case be governed by the I. 27/12/1977 n. 1084 ratified and executed by the International Convention relating to Travel contracts (CCV) signed in Brussels on the 23.04.1970 where applicable, the Consumer Code, as well as by the specifications relating to the civil code and the other internal regulations of law, where these do not derogate from the provisions of this contract.

2. The concept of a package tour

The description of a package tour (art. 84 Cod. Cons. ) which is the subject of this contract is the following: package tours have as their object journeys, holidays and all-inclusive routes, which result from the pre-established combination of at least two of the elements indicated below, sold or offered for sale at an all-inclusive price and lasting a period of time which exceeds twenty four hours or where at least one night is included: transport- accommodation tourist services which are not accessory to the transport or the accommodation, which constitute a significant part of the package tour.

3. Obbligatory Information Data Sheet

Organization: FUORITINERARIO di Ad2M s.r.l. – Piazza Umbria Jazz, 1 – 06125 Perugia – Italy Administrative Authorisation no. n. 594 issued on 07/02/2008 in conformity with that which is provided by the law: L.R. n. 18 del 27/12/2006.

Insurance Policy RC n. 361A3231 drawn up with Zurich Insurance Company in conformity with the provisions of the law: L.R. n. 18 del 27/12/2006.

VAT IT02974640547 – inscription at the local registry at the CCIAA n PG-254667

Method or conditions of substitution (art. 9 and 10).

4. Bookings

The booking request must be made on the designated contractual form, electronic if necessary, with all the fields filled out and signed by the customer, who will receive a copy. The booking will be considered to have been accepted, with the consequent conclusion of the contract, only at the moment in which the organiser sends the relative confirmation, which may also occur via a computerised system, directly to the client or to the selling travel agency. The details relating to the package tour which are not contained in the contractual documents, in the pamphlets or communicated via other written methods of communication, will be provided by the organiser in regular compliance with the obligations relating to their role as laid out in art. 87 paragraph 2 Cod. Cons. prior to the commencement of the journey.

5. Price

The price of the package tour is explicit and must be paid in Euro. The price is determined in the contract with reference to that which is stated in the brochure or proposal and to any possible subsequent alterations which may have occurred. The stated price is not subject to variation in the 20 days prior to departure. Any possible revision of the price may take place only as a consequence of variations in:

– transport costs, including fuel costs

– charges and taxes, including (but not limited to) those of landing, disembarking or embarking at ports or airports

– exchange rates applicable to the package in question.

The revision of the price will be determined in proportion to the variation in the elements quoted with reference to the exchange rates and costs referred to above in force as of the date of publication of the programme as laid out in the data sheet of the catalogue or in the information laid out in any possible supplements which update the above. The fluctuations will have a bearing on the all-inclusive price of the package tour to a maximum of 80%.

6. Payments

At the moment of booking or at the moment of the request for direct billing a deposit of 15% per person must be paid. The balance must be paid 60 days prior to the foreseen departure of the Tour, or else in concomitance of the booking, if this takes place within the 60 days prior to the departure. A missed payment of the amounts indicated above on the dates specified constitutes a clause providing for cancellation of the contract, such as to cause the legal cancellation of the agreement.

7. Changes or annulment of the package tour by the organiser prior to departure

Prior to departure an organiser or seller who needs to significantly change one or more elements of the contract, must provide immediate warning in written form to the consumer, indicating the nature of the change and the consequent variation in price. Whatever the significant change on the part of the organiser, of the package or of an essential element of the same, it is subject to the acceptance of the client in accordance with the provisions of art. 91 Cod. Cons. Where the proposed modification is not accepted, the consumer may withdraw, without incurring penalties, with a right to refund of the sum of money already paid, or benefit from the offer of a substitute package tour (art. 92 Cod. Cons.) in accordance with the provisions of art. 9. The consumer may exercise the rights provided for above also where the annulment has occurred due to a failure to reach the minimum numbers provided for in the catalogue or the catalogue supplement, or in cases of force majeure or fortuitous event, which relate to the package tour purchased. In relation to annulments other than those caused by force majeure, or fortuitous event or a failure to reach minimum numbers of participants, as well as those other than the non-acceptance on the part of the consumer of an alternative package tour (in accordance with art. 9), the organiser who annuls (art. 33 subs. E Cod. Cons. ) will reimburse the consumer double the amount paid to and accepted by the organiser (via the travel agent if necessary). The amount in question for reimbursal will never exceed double the amount which the consumer would have paid in accordance with the provisions of art. 9 had it been he who had annulled.

8. Changes made by the client prior to the departure

Changes requested by the client after time of booking are not binding on the organiser in the case in which they cannot be satisfied. Such requests must be expressed in writing to the organiser, who will have the right to accept them or not and, if necessary, will request payment of a penalty.

9. Withdrawal by the traveller. Annulment.

The traveller has the right to withdraw from the contract, without incurring an penalty, in the following cases: where the price increases in excess of 10%; where there is a major change of one or more elements of the contract which can objectively be considered to be a fundamental element of the package tour considered and suggested by the organiser in it’s totality after the conclusion of the contract but prior to the departure, and not accepted by the consumer. In the hypotheses indicated, the consumer has the following, alternative rights: to benefit from another alternative package tour proposed by the organiser, of an equivalent value, or, if this is not available, superior in value, without a price supplement, or of a package tour of inferior value, with a refund of the price difference; receive the portion of the price already paid, within seven working days from the moment of receipt of the request for a refund. The traveller must communicate in writing to the organiser their decision to withdraw or to opt for an alternative package tour within and not exceeding two working days of the receipt of notice of increase or change. In the absence of express communication under the terms mentioned, the proposal formulated by the organiser will be considered accepted.

The traveller who withdraws from the contract prior to departure under conditions other than those listed in the first section, will be charged, as a penalty, the relative percentage of the share, calculated based on how many days prior to the beginning of the journey the annulment occurs (the calculation of the days does not include that of the withdrawal, the communication of which must be written):

– from the day following the booking up until 60 days prior to departure: deposit

– between 59 and 30 days prior to departure: 60%

– between 29 days prior to departure to the date of departure, or failing to arrive at the point of departure of the Tour: 100%.

These penalties will also be incurred by those who cannot undertake the journey due to lack or irregularity of the necessary personal travel documents. Same cancellation policy will apply for change/cancellation of single services from the Tour package. Some services may be subject to other penalties which where applicable will be communicated at the moment of booking. In the case of pre-established groups this amount will be agreed, one by one, upon the signing of the contract.

10. Cessation of contract

The traveller, in the case that he finds himself unable to make use of the package tour, may relinquish the contract to a third party on the condition that: the organiser is informed of this in writing at least 4 working days prior to the date fixed for the departure, concurrently receiving communication as regards the personal details of the tranferee; the substitute satisfies all the conditions for the use of the service (art. 89 Cod.

Cons.) and in particular the requirements in relation to passport, visas, and health certificates; the replacement subject refunds the organisation all additional costs sustained for substitution procedures to the extent that will be quantified prior to the cessation. The relinquishing and the transferee are jointly responsible for the payment of the balance of the price of the package tour and the costs deriving from the cessation. In relation to certain types of services, it may occur that a third party service provider will not accept the change of name of the party, even where effected within the terms referred to in previous point a). The organiser will not, in any case, be responsible for the possible refusal to accept changes on the part of third party service suppliers. Such a refusal to accept will be promptly communicated by the organiser to the interested parties prior to departure.

11. Changes after departure

Where, after the departure, the organiser cannot provide an essential part of the services outlined in the contract, excepting where this is due to a fault of the consumer himself, he will put in place alternative solutions for the continuation of the planned trip without additional burdens at the expense of the traveller and, where the provisions provided are of an inferior value as compared to those originally foreseen, will refund the client in accordance with that difference. In the case that no alternative solutions present themselves, or where the solutions offered by the organiser are rejected for serious and justified reasons, the organiser will make a method of transport available which is equivalent to that originally foreseen for the return to the place of departure of the Tour or to another agreed location, in compatibility with the availability of methods and bookings, and will refund the traveller the difference in the cost of the foreseen services and those carried out up to the moment of the prearranged return journey.

12. Obligations of the participants

The participants must carry their individual passports or other documents required for all the countries outlined in the itinerary, as well as any short stay visa and transit visa required and health certificates in the event that they may be required. This party must also abide by the principles of due diligence and reasonable care and those specific to the country of destination of the journey, to all the information provided by the organiser as well as to the regulations and administrative provisions or legislation relating to the package tour. The participants will be held entirely responsible for all damages incurred by the organiser owing to their non-fulfilment of the above listed obligations. The consumer is required to provide all documentation, information and elements in his possession useful for the exercise of the right to replacement (art. 97 Cod. Cons.) of the latter in relation to third parties responsible for the damage and is responsible as regards the organiser for the prejudice caused to the right of replacement. The traveller will communicate furthermore in writing to the organiser, at the moment of booking, the particular personal requests that may form part of the object of a specific agreement as regards the method of travel, always where the fulfilment of this is deemed possible.

13. Hotel classification

The official classification of the hotel structures are provided in the Tour Proposal or in other informative material based on the express and formal instructions of the competent authorities of the country in which the service is provided. In the absence of official recognised classification by the competent Public Authorities of the countries who are also members of the EU where the service is provided, the organiser reserves the right to provide – in the catalogue or leaflet – their own description of the structure, so as to enable an evaluation or consequent acceptance of the same on the part of the consumer.

14. Liability regime

The organiser accepts responsibility for damages incurred by the consumer owing to the absence of total or partial fulfilment of the contractual performance owed, whether this is caused by him personally or by third party service providers, except where he can prove that the event is derived from an act of the consumer (this includes initiative independently taken by the latter over the course of the provision of the tourist services) or by circumstances extraneous to the provision of services provided for in the contract, by force majeure, or by circumstances that the organiser could not, in accordance with his professional diligence, reasonably foresee or resolve. The seller with whom the booking of the package tour is carried out will not be held responsible in any event for the obligations of the journey organiser, but is exclusively responsible for the obligations deriving from his capacity as intermediary and in any case within the limits of this responsibility as provided for by law or convention referred to above.

15. Compensation restrictions

The compensation owed to the organiser for damages to the person cannot in any event exceed the limits foreseen by the international conventions to which Italy and the European Union are party in reference to the services, the non-fulfilment of which has determined the responsibility. In particular the compensation limit cannot in any case exceed the amount of 50,000 Germinal Gold Franc for damage to persons, an amount of 2,000 Germinal Gold France for damage caused to property and a total of 5,000 Germinal Gold Franc for any further damage (art. 13, n.2, CCV).

16. Obligation to provide assistance

The organiser is committed to provide the consumer with the measures of assistance imposed by the criteria of professional diligence making exclusive reference to the obligations placed on him by the provisions of law or contract. The organiser and the seller are exonerated from their respective responsibilities (art. 14 and 15), where absence of or inexact execution of the contract is imputable to the consumer or is dependent on the actions of a third party in an unpreventable or inevitable character, or where due to force majeure.

17. Claims and reports

Any default in the execution of the contract must be contested by the consumer without delay in order that the organiser, his local representative or accompanier can provide you with a timely remedy. The consumer must, at risk of forfeiture, take action by sending a registered letter with notice of receipt, to the organizer or the seller, within and not exceeding ten working days from the date of return to the point of departure.

18. Insurance against cost of annulment or return

If not expressly included in the price, it is possible, and indeed advisable, to stipulate at the moment of booking, special insurance policies to cover the costs deriving from the annulment of the package, mishaps and baggage. It is also possible to draw up an assistance contract which covers the costs of return in the case or accident or illness.

19. Guarantees for the Tourists

Organized tourism contracts are backed by appropriate guarantees given by the organizer who, shall, in cases of insolvency or bankruptcy of the Organizer, provide a refund of the price paid for the purchase of the package and the immediate return of the tourist. The identity of the legal entity which, on behalf of the Organizer, shall be required to provide the guarantee: Insurance Policy Ami Travel Protection n. 6006000107/D drawn up with Filo Diretto Assicurazioni Spa in conformity with the provisions of the Tourism Law DLGS 79/11 Aug 18, 2015 (art 50 and 51).

Addendum

General conditions of the contract of sale of single tourist services

A) Normative provisions

The contracts having as their object the offer of only the transport service, the accommodation, or anything else separate from the tourist services which cannot be considered to be elements of the package tour, are governed by the following provisions of the CCV: art. 1, no. 3 and no. 6; art. 17 to 23 and 24 to 31, in so far as they concern the provisions different from those relating to the contract of organisation as well as other agreements specifically referring to the sale of a single service which is the object of the contract.

B) Conditions of the contract

To these contracts the following clauses of the general conditions of contract of sale of package tours above mentioned also apply: art.4; art.6; art.7; art.8; art.9; art.10; art.12; art.16; art.18. The application of such clauses do not determine absolutely the configuration of the relative contracts as elements of the package tour. The terminology of the quoted clauses relating to the contract of the package tour (organiser, travel etc.) are also understood with reference to other corresponding figures of the contract of sale of single tourist services (seller, stay etc.) Obligatory communication in accordance with the provisions of art. 17 of the L. n. 38/2006. Italian law punishes with imprisonment crimes concerning prostitution and child pornography.