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 IT02974650547 – inscription at the local registry at the CCIAA n PG-254667
Method or conditions of substitution (art. 9 and 10).
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.
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%.
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.