1) INTRODUCTION - THE NOTION OF TOURIST PACKAGE
a) Legislative Decree No. 111 of 17.3.95, implementation of Directive 90/314/EC, provides for the protection of the consumer that the organizer and the seller of the package, to whom the consumer turn, must be in possession of the administrative authorization to carry out their activities (Article 3 / 1 letter a Legislative Decree 111/95).
b) the consumer is entitled to receive a copy of the sale contract for the tourist package (under Article 6 of Legislative Decree 111/95), which is essential document for any access to the Guarantee Fund referred to in Article 18 of these general Terms and Conditions.
The packages refer to travel, holidays and ”all inclusive” circuits, resulting from the prearranged combination of at least two of the items listed below, sold or offered for sale at a flat rate price, and lasting more than 24 hours or extending over a period of time including at least one night:
c) tourist services not ancillary to transport or accommodation (omitted) … that constitute a significant part of the ”tourist package”.
2) LEGISLATIVE SOURCES
The contract for the sale of the package, is regulated not only by these general conditions,but also by the terms indicated in the travel documents delivered to the consumer. This contract, whose object may include to provide services in the country and/or abroad, will also be regulated by the provisions - as applicable – of Law No. 1084 of 27/12/1977 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 and by the above-mentioned Legislative Decree 111/95.
3) MANDATORY INFORMATION REQUIRED - TECHNICAL DATA SHEET
The organizer has the obligation to implement in the catalog, or in the program not included in the catalog, a technical data sheet. The elements required to be included in the technical sheet of the catalog, or of the program out of the catalog, are:
a) references to the administrative authorization of the organizer;
b) references to the civil liability insurance policy;
c) the period of validity of the catalog or out-of catalog program;
d) reference exchange rate for the purposes of currency adjustments: day or value;
The reservation request must be made on the appropriate contractual form, in the case of electronic settings, fully completed and signed by the customer,who will receive a copy. The acceptance of a reservation is considered complete, resulting in the conclusion of the contract, only when the organizer sends specific confirmation, including possibly by electronic means, to the client at the selling travel agency.
Details of the tourist package not contained in the contract documents, brochures or other means of written communication, will be provided by the organizer in timely manner before the trip, in fulfillment of the organizer’s established obligations as from the Legislative Decree 111/95 .
The registration fee, or the individual cost of booking, to cover the administrative rights, is established to be € 25.00.
The extent of the advance, which is established to be 25% of the price of the tourist package, plus the registration fee and possibly any insurance fee, is payable on booking or on commitment to purchase. Within 15 calendar days before departure, the balance must be paid. Failure to pay the above amounts by the dates set out above, constitutes express decisive clause, such to determine, by the intermediary agency and / or the organizer, the cancellation of the contract.
8) MODIFICATION OR CANCELLATION OF THE TOUR PACKAGE BEFORE DEPARTURE
11) OBLIGATIONS OF PARTICIPANTS
Participants are required to have individual passports or other valid document for all countries to be visited in the itinerary, as well as tourist and transit visas and health certificates if required. They must also respect the rules of normal prudence and diligence as well as those specifications in force in countries of destination, all information provided them by the organizer, and regulations and administrative provisions relating to the tour package. Participants will be liable for all damages that the organizer may suffer because of their failure to fulfill the above obligations.
The consumer is bound to provide the organizer with all documents, information and evidence in its possession relevant to the exercise of the organizer’s right of subrogation against third parties responsible for damage, and is liable to the organizer of the injury caused to the right of subrogation. The consumer must also inform the organizer in writing, at the time of booking, about any special personal requests that may be the subject of specific agreements as to the travel arrangements, provided that they are possible to implement.
12) HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog or other information material only in accordance with the explicit and formal indications of the competent authorities of the country where the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the countries also members of the EU where the service is provided, the organizer reserves the right to provide by catalog or brochures, the organizer’s own description of the accommodation, such as to allow an evaluation and subsequent acceptance of the same by the consumer.
13) SYSTEM OF LIABILITY
The organizer is liable for damages caused to consumers due to total or partial non-fulfillment of the due contractual services, whether these are performed by the organizer personally or by third party service providers, unless the organizer proves that the event arised by the consumer (including initiatives autonomously undertaken by the latter during the execution of tour services) or by circumstances beyond the provision of services under the contract, by accident, force majeure, or circumstances which the organizers could not, according to the professional diligence, reasonably foresee or solve.
The seller from whom the booking of the tour package is made, do not assumes any liability for the obligations arising from organizing the travel , but is only liable for the obligations arising from his role as intermediary, and only within the the extent provided by the laws or conventions mentioned above for such liability.
14) LIMITATION OF DAMAGES
16) CLAIMS AND COMPLAINTS
The customer in accordance with Article 19 No 2 of Legislative Decree 111/95 must notify the organizer in the form of a complaint the irregularities and vices of the tour package, as well as the failures in its organization or realization immediately as they have occurred so that the organizer can promptly remedy. If not immediately possible, the customer can also lodge a complaint by sending a letter, by certified mail with return receipt, to the organizer or the seller, not later than 10 working days from the date of return to the place of departure.
17) INSURANCE AGAINST CANCELLATION AND RETURN
Nyala Wonder Travel is covered by insurance policy no 70435044.00 with SAI S.p.A. for civil liability under Articles. 15 and 16 of Legislative Decree 111/95. If not expressly included in the price, it is possible, indeed advisable, to stipulate, at the time of booking at the offices of the organizer or seller, or directly with specialized insurance companies, a special insurance policy against the costs arising from cancellation of the package, accidents and luggage. It will also be possible to conclude an assistance contract that covers repatriation costs in case of accident or illness.
18) GUARANTEE FUND
The National Guarantee Fund is established at the Directorate General for Tourism of the Ministry of Productive Activities, to which the consumer may refer (Article 21 Legislative Decree 111/95), in the event of insolvency or bankruptcy of the seller or said organizer, for the protection of the following needs:
a) refund of the price paid;
b) repatriation in case of foreign travel.
The fund must also provide immediately available funds in case of forced return of tourists from non-EU countries on occasion of emergencies either due or not to the behavior of the organizer.
The assistance procedures of the Fund are established by decree of President of the Council of Ministers of 23/07/99, No 349 G.U. no.249 of12/10/1999 (Article 21 Legislative Decree No. 5 n.111/95).
ADDENDUM: GENERAL TERMS AND CONDITIONS OF SALE CONTRACT FOR SINGLE TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts covering the supply of only transport services, accommodation or any other separate tourist service, not being able to be construed as a case in point of contractual organization of a trip or travel package, are governed by the following provisions of the CCV: Article 1 , # 3 and # 6, Arts. 17 to 23, Arts. 24 to 31, with regard to provisions other than those relating to organization contract and to other agreements specifically referred to the sale of a single service under contract.
B) CONDITIONS OF CONTRACT
These contracts are moreover subject to the following clauses of the above general conditions of sale contract of tour packages: Article4 1 first paragraph; Article 5; Article 7;Article 8; Article 9; Article 10 1 first paragraph; Article 11, Article 15; Article 17.
The application of the aforementioned clauses does not at all determine the configuration of the related contracts as a case of a tourist package. The terminology of those clauses relating to the contract of tour package (tour organizer, etc..) is therefore to be understood with reference to the corresponding figures of the sales contract for single tourist services (seller, accommodation, etc.).
MANDATORY NOTICE pursuant to Article 16 of Law 269/98.
The Italian law punishes with imprisonment those crimes related to child prostitution and child pornography, even if they are committed abroad.