GENERAL CONDITIONS OF A TOURIST-PACKAGE SALE CONTRACT
1. INTRODUCTION. NOTION OF TOURIST PACKAGE (art. 84 Legislative Decree n. 206/2005)
a) the Legislative Decree n. 206/2005 (ex Legislative Decree no. 111 of 17.03.95, concerning the execution of the Directive 90/314/CE), in defense of the customer, states that both the organizer and the seller of the tourist pack asked by the customer, must own the administrative authorization for carrying out their activities (art. 3/1, letter A, ex Legislative Decree 111/95).
b) the customer has the right to receive one copy of the sale contract of a tourist pack (in accordance with item 6 of ex Leg.ve Decree 111/95), which is the necessary document which might be necessary to apply to the Guarantee Fund to which reference is made in item 18 of these general contract terms.
The notion of “tourist pack” (item 2/1 ex Legislative Decree 111/95) is the following:
The objects of tourist packs are journeys, holydays and the “all-included” circuits, resulting from the pre-established combination of at least two of the following elements, sold or offered for sale at a flat rate, whose length will exceed 24 hours, that is, at least one night must be included:
c) tourist services not depending on trasportation or accomodation (words left out)……. which are an important part of the “tourist pack”.
2. LEGISLATIVE SOURCES
Besides these general conditions, the sale contract of a tourist pack is also regulated by the clauses pointed out in the journey documentation, given to the customer. This contract, whether it concerns services to be supplied in domestic or foreign territory, will also be regulated by the provisions – since they can be applied – of the Law 27/12/1977 no. 1084, ratifying and executing the Journey Contract International Convention (CCV), subscribed in Bruxelles on 23/04/1970, as well as of the above-mentioned ex Legislative Decree 111/95.
3. TECHNICAL DATA
PAESTUM HOLIDAYS di Leonardo D'Onofrio
Licence n. 687 – issued by the Region of Campania - Italy, on 15 December 2008.
Third party liability insurance - Policy n. 8984315 of Europ Assistance.
Validity of the catalogue from 1 March 2009 to 28 February 2010.
As for the tourist packs made by PAESTUM HOLIDAYS, the change of reference with the aim of currency adjustments is shown inside every information paper published in the booklet (on paper or electronic), or outside catalogue.
Booking applications are directly received by PAESTUM HOLIDAYS, Via Cesare Pavese, n.27/33, - 84063 Capaccio/Paestum (SA) - Tel. +39 0828 721107 - Fax +39 0828 721991.
These applications must be filled in the special contract form, or in case it is an electronic contract, prepared by PAESTUM HOLIDAYS, it must be compiled in every part and subscribed by the Client, who will get a copy of it.
The acceptance of the booking applications by PAESTUM HOLIDAYS depends on the availability of places. The booking is perfected only when PAESTUM HOLIDAYS will send the Client the relevant written confirmation, also by computer system.
In case in the tourist pack offered by PAESTUM HOLIDAYS and published in the catalogue (on paper or electronic) there is a minimum number of participants, PAESTUM HOLIDAYS reserves the right not to effect the journey, in case the written minimum number of participants is not achieved.
PLEASE NOTE: Travel documents (vouchers, any programs, news-sheet etc,), will be sent NOT BEFORE of 3 days that the service/package starts, directly to the e-mail used to register on our website.
Within 24 hours from the moment of the booking there must be a partial payment, equalling 25% of the participation quota. The settlement must be paid 30 days before the beginning of the journey. As for bookings taking place after the above-mentioned dates, the whole sum must be paid at the moment of executing the booking.
The payments must be carried out in one of the following ways:
- Credit card (directly on our web site or sending its data through fax number +39 0828 721991)
- Bank transfer: current account registered in the name of PAESTUM HOLIDAYS di Leonardo D'Onofrio - Unicredit Banca Spa, branch office of Agropoli (SA) ITALY -
IBAN: IT96K0200876021000011000313; - Codice swift/bic: UNCRITM1644
In case of bank transfer payment, it is necessary to send it through fax (no. +39 0828 721991), within 24 hours after the booking.
The non-payment of the above-mentioned sums at fixed dates is an explicit resolutive clause, which would determine the rightful resolution of the tourist pack sale contract by PAESTUM HOLIDAYS.
The price of the tourist pack is fixed in the contract, in accordance with what has been written in the catalogue (on paper or electronic), the extra-catalogue programme, or possible updates of the catalogues or the extra-catalogue programmes which might have been done afterwards.
The price can be changed until 20 days before the departure, according to the following variations only:
- transportation costs, including the fuel cost;
- taxes and fees on some kinds of tourist services, such as landing and embarkation fees, in ports and airports;
- exchange rates applied to the pack in question.
As for such variations, they will be referred to the exchange rates and to the above-mentioned costs, as well as to the relevant prices quoted in the journey estimate carried out at the moment of forwarding the booking application.
No price variations will be admitted in accordance with currency fluctuations lower than 3 percent.
7. WITHDRAWAL OF THE CUSTOMER
The customer can withdraw from the Contract, without paying fines, in the following cases:
- Price increase over 10 percent, due to the reasons specified in the above-mentioned item 6;
- Meaningful modification of one or more elements of the contract, which can objectively be defined fundamental for the fruition of the tourist pack taken as a whole, and proposed by PAESTUM HOLIDAYS after the subscription of the contract itself, but before the departure, not accepted by the customer.
In the above-mentioned cases, the customer has, alternatively, the right to:
- Take advantage of an alternative tourist pack, without extra price or with the restitution of the overcharge, in case the second tourist pack had a value lower than the first one.
- Get the restitution of the only part of the price which has already been given. Such restitution must take place within seven working days from the moment of the receipt of the repayment request.
The customer will submit his decision (to accept the modification or to recede) within two working days from the moment in which he received the modification or the increase notice. In case explicit notice of submission should be missing within the above-mentioned term, the proposal formulated by the organizer is accepted.
The customer, who should withdraw from the contract before the departure, (apart from the cases listed in the first sub-section) will have to pay, as a withdrawing sum, the following amounts (irrespectively of the payment of the first instalment under item 5, first sub-section):
Please, check on the brochure or on the web site;
The same sums must be paid by those who should not make the journey owing to lack or irregularity of the personal documents which are necessary for going abroad. The traveller who should decide to break his journey or stay, which has already begun, has no right to any restitution.
8. MODIFICATION OR CANCELLATION OF THE TOURIST PACK BEFORE THE DEPARTURE
In case before the departure PAESTUM HOLIDAYS communicates, in writing, that one or more services of the tourist pack cannot be supplied, proposing an alternative solution, the customer can either have the restitution of the sum paid, or accept the offer of another substitutive tourist pack (in accordance with the second and the third sub-sections of item 7 above).
The customer can exercise the above-mentioned rights even when the cancellation depends on the unsuccessful attempt to achieve the minimum number of participants written in the catalogue (in paper or electronic), or in the extra-catalogue programme, or else, it depends on force-majeure events and fortuitous events, connected with the purchased tourist pack.
As for the cancellations due to reasons other than those caused by force majeure, fortuitous events and unsuccessful attempt to achieve the minimum number of participants, as well as for those which are different from the customer’s refusal of the offered alternative tourist pack (in conformity with item 7 above, revoking former item no. 1469 bis and no. 5 of Civil Code).
9. MODIFICATIONS AFTER THE DEPARTURE.
In case after the departure PAESTUM HOLIDAYS cannot supply, for any reason (apart from an event strictly depending on the customer) an essential part of the services included in the contract, it will have to provide alternative solutions, without extra-charges to be paid by the contracting party. If the value of the supplied services is lower than the value of the estimated ones, the value of the difference must be given back.
In case no alternative solution is possible, that is the solution offered by PAESTUM HOLIDAYS is refused by the customer for serious and justified reasons, the organizer will provide a means of transport free of charge. Such means of transport must be equivalent to the original one, which should have been used for going back to the place of the initial departure, or to another possibly pre-established place, in so far as means of transport and seats are available. The customer will be refunded in accordance with the difference between the cost of the estimated services and the cost of the services granted up to the moment of anticipated return.
10. SUBSTITUTIONS AND/OR CHANGES
The renouncing customer can be replaced by a different person, in case:
a - PAESTUM HOLIDAYS is informed in writing at least 4 working days before the date fixed for the departure, receiving at the same time a notice concerning the name and address of the assignee;
b - the substitute meets all the conditions for the fruition of the service (former item 10 of Leg.ve Decree 111/95), and in particular, the requirements relating to passport, visas and health certificates;
c - the replacing subject refunds PAESTUM HOLIDAYS all the expenses paid to start the substitution, in accordance with the sum which will be communicated to him before the cession.
Furthermore, the assignor and the assignee are jointly and severally responsible for the payment of the settlement, as well as for the sums under letter c of this item.
As for some kinds of services, it may happen that a third party service supplier does not accept the modification of the assignee name, even if it has been carried out within the terms under letter a of the present item. Therefore, PAESTUM HOLIDAYS will not be responsible for the possible unsuccessfull acceptance of the modification by third-party service suppliers. This unsuccessful acceptance will be immediately communicated by PAESTUM HOLIDAYS to the parties in question, before the departure.
11. OBLIGATIONS OF THE PARTICIPANTS.
The participants shall have to be equipped with personal passports or other documents valid for all the countries in the route, with the tourist and transit visas, and with the health certificates which might possibly be required. Furthermore, the participants will have to follow the rules of ordinary cautiousness and diligence, the specific rules in force in the countries which are going to be part of the journey, all the information supplied by PAESTUM HOLIDAYS, as well as the regulations and administrative and/or legislative provisions relating to the tourist pack. The participants will be asked to answer for all the damage suffered by PAESTUM HOLIDAYS because of their incapacity to follow the above-mentioned obligations. The customer must give PAESTUM HOLIDAYS all the documents, the information and the elements owned by himself, which might be useful for exercising the subrogation right of the latest towards third parties, responsible for the damage. The customer is held responsible by PAESTUM HOLIDAYS for the detriment of the subrogation right. At the moment of the booking, the customer will also communicate, in writing, to PAESTUM HOLIDAYS, the details needed which might possibly be part of specific agreements, such as journey instructions, provided their accomplishment is possible.
12. HOTEL CLASSIFICATION
The official classification of hotel structures is given in the catalogue (in paper or electronic) or in other information material, just in case it will be explicitly and formally pointed out by the competent authorities of the country in which the service is supplied. In absence of official classifications recognized by the competent Public Authorities of the countries which are also members of the European Union, to which the service refers – with the aim of pointing out in detail the quality characteristics of the hotel accomodations offered and make the customer well aware of his choice – PAESTUM HOLIDAYS reserves the right to supply, in catalogue or leaflet, its own quality evaluation of the receptive structure.
PAESTUM HOLIDAYS answers for the damage done to the customer because of the total or partial unfulfilment of the services described in the contract, either if these are performed by himself or third-party suppliers, unless it proves that the event depends on the customer (including initiatives taken by himself independently, during the execution of tourist services), or on events not linked with the supply of the services described in the contract, fortuitous events, force majeure, or else by circumstances which PAESTUM HOLIDAYS itself might not reasonably foresee or solve, on the basis of a principle of professional care. Under no circumstances will the seller receiving the booking of the tourist pack answer for the obligations coming from the journey organization. However, the seller is solely responsible for the obligations coming from its intermediary activity, in conformity with the responsibility limits fixed by the above-mentioned laws or conventions.
14. COMPENSATION LIMITS
Under no circumstances will the compensation due to PAESTUM HOLIDAYS for person damages be higher than the compensation indemnities described by international conventions, with reference to the performances whose non-fulfilment caused the responsibility, that is the Warsaw Convention of 1929 about international air transportation, the text modified at The Hague in 1955; the Berna Convention (CIV) about railway transportation; the Brussels Convention of 1970 (CCV) about the journey contract for every case of responsibility of the organizer. In any case, the compensation limit cannot exceed the sum of 2,000 Germinal gold francs for property damage, fixed in item 13 no. 2 CCV, and 5,000 Germinal gold francs for any other damage”, as well as for those fixed in item 1783 of Civil Code.
15. ASSISTANCE OBLIGATION
PAESTUM HOLIDAYS is obliged to perform assistance to the customer, on the basis of a principle of professional diligence, solely with reference to its obligations, or by contract or law regulation. PAESTUM HOLIDAYS and the possible seller are exempt from their responsibilities (items 13 and 14), whenever the unsuccessful or wrong execution of the contract depends on the customer or depended on a inevitable or unforeseeable third-party event, that is on a fortuitous or force-majeure event.
16. COMPLAINTS AND DENUNCIATIONS
Every unsuccessful execution of the contract must be notified by the customer on the very moment of its happening. In this way, PAESTUM HOLIDAYS, its local representative or the escort can immediately remedy it.
Also, the customer can make a complaint by sending a registered letter, with receipt note, to PAESTUM HOLIDAYS or to the reseller, within 10 working days from the date of the return to the place of the departure.
17. CANCELLATION AND REPATRIATION EXPENSES INSURANCE
In case they are not explicitly included in the price, at the moment of the booking at the offices of PAESTUM HOLIDAYS or of the seller, it is possible, or rather, advisable, to subscribe special insurance policies covering the expenses deriving from the cancellation of the tourist pack, accidents and luggage. It will also be possible to subscribe an assistance contract covering repatriation expenses in case of accidents and deseases.
18. GUARANTEE FUND
This Guarantee Fund is available at The General Direction for Tourism of the Ministry of Productive Activities. In case of insolvency or bankruptcy by the seller or the organizer, the customer can turn to this Fund (in accordance with item 21 ex Legislative Decree 111/95), for covering the following needs:
a) repayment of the price paid;
b) repatriation, in case of journeys to foreign countries.
Furthermore, this Fund must give an immediate economic availability in case of forced return of tourists from non-EEC members, on occasion of emergencies due or not due to the organizer’s behaviour.
The procedure to make use of the Fund are fixed by means of a Decree of the President of the Council of Ministers of 23/07/1999, no. 349 of the Official Gazette no. 249 of 12/10/1999 (in conformity with item 21 no. 5, ex Legislative Decree 111/95).
GENERAL CONDITIONS OF THE SALE CONTRACT OF SINGLE TOURIST SERVICES
Contract International Convention (CCV) subscribed in Bruxelles on 23/04/1970
(Italian Law 27/12/1977 no. 1084)
The contracts concerning the transportation and accomodation offer only, that is, any other separate tourist pack, since they cannot be considered contractual cases of journey organization, that is of tourist pack, are ruled by the following provisions of CCV: items no. 1, no. 3 and no. 6; items from 17 to 23; items from 24 to 31 - as far as the estimates different from those concerning the organization contract are concerned, as well as by other agreements which might have been specifically referred to the sale of the single service in the contract.
B) CONTRACT CONDITIONS
To these contracts, the following items of the above-mentioned general conditions of the sale contracts concerning tourist packs can also be applied: item 4, first sub-section; item 5; item ; item 7; item 8; item 9 ; item 10, first sub-section; item 11; item 15; item 17. The application of these items does not absolutely determine the structures of the relevant contracts, like tourist-pack contracts. The terminology of the above-mentioned items, concerning the tourist-pack contract (organizator, journey, etc.) is therefore to be referred to the corresponding figures of the sale contract of single tourist services (seller, accommodation, etc.).
Notice - in conformity with the Law.
COMPULSORY COMMUNICATION IN CONFORMITY WITH ITEM 16 OF THE LAW 269/98
The Italian Law punishes the crimes concerning prostitution and juvenile pornography by means of reclusion, even if these crimes are committed abroad.