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GENERAL TERMS AND CONDITIONS FOR THE SALE OF TOUR PACKAGES

1) PREMISE. THE CONCEPT OF TOUR PACKAGE

Whereas,

a) Legislative decree n.111 of 17/3/95 implementing Directive 90/314/CE 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 (article. 3/1, a, legislative. decree 111/95).

b) The consumer is entitled to a copy of the tour package sales contract (in compliance with article 6, legislative. decree 111/95), which is the document indispensable for eventual access to the Guarantee Fund as per article 18 of the present General Terms and Conditions.

The concept of “tour package”(art. 2/1 legislative decree 111/95) 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, having a duration of more than 24 hours, extending for a period of time including at least one night:

a) transportation
b) accommodation
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 abovementioned Legislative decree n. 111/95.

3) RESERVATIONS

Acceptance of reservations by A.M.I. Tour Operator is subject to availability. Reservations will be considered final following confirmation by A.M.I. Tour Operator, even via e-mail or fax, to the client at the seller travel agency.
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 A.M.I. Tour Operator prior to the initial starting date in compliance with its duties as envisaged by Legislative . decree n. 111/95.

4) PAYMENT

Upon booking, a registration fee and a deposit of 25% of the total amount is required. Full payment is due 60 days prior to departure. For reservations made within 60 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 the intermediary agency and/or A.M.I. Tour Operator, the right to terminate the contract.

5) TRANSFER OF CONTRACT

The client renouncing the contract may be substituted by another person provided that:

a) A.M.I. Tour Operator 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 A.M.I. Tour Operator 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. A.M.I. Tour Operator 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 A.M.I. Tour Operator to the parties involved before departure.

6) WITHDRAWAL

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:

o 10% of the tour package price within 30 days prior to departure
o 30% of the tour package price from 29 to 18 days prior to departure
o 50% of the tour package price from 17 to 10 days prior to departure
o 75% of the tour package price from 9 to 3 weekdays prior to departure
o 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:

- an increase in price as per article 15 superior to 10%;
- 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 A.M.I. Tour Operator 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 A.M.I. Tour Operator 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 the specifications of the Catalogue or Programs not included in the Catalogue (in addition to individual processing costs). In case of pre-constituted groups, such sums will be agreed upon from time to time upon signing the contract.

8) CARRIERS

The responsibility of the carriers vis-à-vis clients is limited solely to the duration of transportation via the means provided, in compliance with that envisaged in their terms and conditions of transportation.

The programs are published at the sole responsibility of the tour organizer.

For variations relative to the date and/or to the airport of departure limited to airline flights, provisions envisaged by EEC regulation n. 295 of 4 February 1991 are applicable.

9) TOUR VARIATIONS

Variations to the tour, requested by the client, after the confirmation of booking, involve processing expenses for A.M.I. Tour Operator and at times penalties charged by suppliers. Therefore, the payment of a fixed sum of € 50 per contract is required for expenses due to variations relative to airport of departure, hotel accommodations, duration of stay, change of departure date. Variations of destination are considered equivalent to client’s withdrawal and are as such subject to the payment of penalties as envisaged in article 6. 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.

10) LIMITS OF LIABILITY

A.M.I. Tour Operator will be liable for damage to the client due to total or partial breach of the stated contractual

 

 

 

   
 

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