GENERAL TERMS AND CONDITIONS FOR THE SALE OF TOURIST PACKAGES.

1. LEGISLATIVE SOURCES
The sale of tourist packages regarding services to be provide both within the national boundaries and abroad is regulated by.L.27/12/1977 no. 1084 of ratification and fulfilment of the International Convention relative to travel contracts (CCV) signed in Brussels on 23.4.1970 – as applicable – as well as by the Consumer Code as per Leg. Decree. no. 206 of 6 September 2005 (art. 82-100) and amendments.

2. AUTHORIZATIONS
The promoter and the seller of the tourist package to whom the customer applies must be authorized to carry out their services pursuant to the applicable administrative laws.

3. DEFINITIONS
In accordance with this contract the following are understood as:
a) travel promoter, the party who combines the elements as per following art. 4 and commits on his/her own behalf and upon lump sum payment to provide third parties with tourist packages.
b) seller, the party who sells, or commits to provide tourist packages realized pursuant to following art. 4 upon lump sum payment;
c) consumer of tourist packages, the purchaser, the assignee to whom the tourist package is assigned to, or any person, even not yet appointed, on condition that he/she complies with all the conditions required for using the service, on behalf of whom the main contractor party commits to purchase, without remuneration, a tourist package.


4. DEFINITION OF TOURIST PACKAGE
A tourist package is defined as follows “the object of a tourist package regards travelling, holidays, and “all inclusive” itineraries, resulting from the pre-planned program of at least two of the elements listed hereunder, sold or offered for sale at a price calculated on lump-sum basis, with a duration exceeding 24 hours or covering at least a period of time including minimum one night:
a) transport;
b) lodging;
c) tourist services not related to transport or lodging (omissis)…which make up a significant part of the “tourist package”.(art. 84 Consumer Code). The consumer is entitled to receive a copy of the contract of sale of the tourist package (pursuant to art. 85 and 86 Consumer Code), such document is also required for accessing the Guarantee Fund as per art. 20 of these General Conditions of Contract.

5. COMPULSORY INFORMATION – TECHNICAL FILE
The promoter has the duty to complete the catalogue, or the program added to the catalogue, with a technical file. The compulsory elements to be included in the catalogue or in the program added to the catalogue are:
- details of the promoter’s administrative authorization or, if applicable, the promoter’s D.I.A. (Statement of intent to commence works);
- details of the public liability insurance certificate;
- validity period of the catalogue or of the program added to the catalogue;
- traveller’s substitution policy (Art. 89 Consumer Code);
- parameters and adjustment criteria regarding travel price (Art. 90 Consumer Code).
The promoter will also inform the passengers on the identity of the actual carrier/s according to times and conditions as set forth in art. 11 of EC Regulation no. 2111/2005.

6. RESERVATIONS
Reservation requests should be drawn up using the proper contract form, in electronic format if applicable, filled-in in all parts and signed by the consumer who will be supplied with a copy. The acceptance of the reservation is understood to be confirmed, and the contract effective, only when the promoter sends official confirmation, also in form of telematic data, to the consumer through the travel agency selling the tourist package. All information concerning the tourist package, not included in the contract documents, in the leaflets and/or under different form of written advice, will be supplied by the promoter according to the obligations foreseen by art. 87, paragraph 2 Consumer Code prior to travel start date.

7. PAYMENTS
The amount of the down payment, up to a maximum of 25% of the price of the tourist package, due upon reservation or when the binding request is presented, and the date, prior to departure, within which payment in full is due are stated by the catalogue, the leaflet or other documents.
Non - payment of the above mentioned amounts within the agreed deadlines constitutes express termination clause which will result in legal termination of the contract by the intermediary agency and/or the promoter.

8. PRICE
The price of the tourist package is stated by the contract with reference to the catalogue or to the program added to the catalogue and to updates of the same. It may be altered within twenty days prior to departure exclusively as a consequence of changes involving:
- transport costs, including cost of fuel;
- taxes and fees on certain tourist services such as duties, landing taxes, port and airport embarkation and disembarkation taxes;
- exchange rates applied to the tourist package object of the contract.
Official rates of exchange shall apply to such possible variations and to the above mentioned costs according to program publication date, as per date stated by the catalogue technical file, or to the date stated by any of the aforementioned updates. The fluctuations will affect the lump-sum price of the tourist package in the percentage clearly indicated in the technical file of the catalogue or in the program added to the same.

9.ALTERATION OR CANCELLATION OF THE TOURIST PACKAGE PRIOR TO DEPARTURE
In the event the promoter or the seller need to significantly alter one or more elements of the contract prior to departure, they must immediately inform the consumer in writing about the nature of the changes and about the consequent price difference. In the case the proposed alteration, as per paragraph 1, is not accepted by the consumer, the latter can alternatively exercise the right to regain the previously paid sum or that to accept an alternative tourist package pursuant to paragraph 2 and 3 of article 10.
The consumer can exercise the aforementioned rights in the event of cancellation due to failure to reach the minimum number of participants stated by the Catalogue or by the Program added to the catalogue, or to force majeure and fortuitous events affecting the purchased tourist package.
For cancellations different from those caused by force majeure, by fortuitous events or by failure to reach the minimum number of participants, as well as by those different from the consumer’s non-acceptance of the offered alternative tourist package, the promoter who cancels (Art. 33 letter E Consumer Code) shall return to the consumer an amount equivalent to the double of the sum that the latter previously paid to the promoter through the travel agent. The amount to be returned cannot exceed the double of the amount that would be owed on the same date by the consumer to the promoter, as per art.10 paragraph 4, in the event he/she cancelled.

10. CONSUMER’S CANCELLATION
The consumer may draw back from the contract without paying any penalty in the following cases:
-increase of the price exceeding 10%, as per aforementioned art. 7
- important modifications involving one or more elements of the contract, proposed by the promoter after contract completion but prior to departure and not accepted by the consumer, which might significantly and objectively alter the tourist package.
In the above mentioned cases the consumer is entitled to the following alternative rights:
-to enjoy an alternative tourist package without any increase of price, or with refund of the excess price if the second tourist package should be of inferior value;
-to the refund of the sole down payment. Such refund will be due within 7 working days from receipt of the application for refund.
The consumer must give notice of his/her decision (to accept modification or to withdraw) within and not later than two working days following the date on which the notice of increase or modification is received. The promoter’s proposal shall be considered accepted if the consumer does not reply within the above mentioned deadline.
Consumers who withdraw from the contract prior to departure in cases not mentioned by the first paragraph must pay – regardless of the down payment as set forth in art.7 , paragraph 1:
- the application fees, a penalty for the amount stated by the technical file of the Catalogue or additional Program or customized trip and the amount due for any insurance coverage requested prior to completion of the contract or for other services previously provided. In the case of organized groups, the amount shall be agreed upon when signing the contract.

11. MODIFICATIONS AFTER DEPARTURE
Should the promoter, after the departure, be unable to supply an essential part of the services listed for whatever reason, except for ones depending on the consumer, he/she must arrange for alternative solutions, without increase of price for the contracting party and, should the performances supplied be of lower value compared to those foreseen, refund him/her the difference. In the case an alternative solution is not possible or if the solution proposed by the promoter is rejected by the consumer due to serious and justified reasons, the promoter shall supply him/her, without any price increase, with a means of transport equivalent to the one originally foreseen for returning to the place of departure or to any different place agreed upon, according to the carrier’s availability of means and places, and will refund him/her the difference between the cost of the foreseen services and that of those supplied up to the moment of early return.

12. SUBSTITUTIONS
A consumer who decides to withdraw from the contract may ask another person to substitute him/her on condition that:
a: the promoter is informed in writing at least 4 working days prior to the scheduled departure date, receiving at the same time information explaining the reasons of the substitution together with the personal details of the assignee;
b: that the assignee meets all the conditions for benefiting from the service (ex art. 89 Consumer Code), in detail the requirements relative to passport, visa and health certificates;
c: that the services themselves, or other replacement services, can be provided in the case of substitution;
d: that the substitute refunds the promoter for all extra expenses borne to perform the substitution, which will be communicated to him/her prior to assignment.
The assignor and the assignee are jointly responsible for the payment in full of the amount corresponding to the price, as well as for the amounts as set forth in letter d) of this article.
Further substitution terms and conditions are stated by the technical file.

13. CONSUMERS’ OBBLIGATIONS
During the negotiations, and at any rate before the completion of the contract, Italian citizens are provided with general written information – valid when the catalogue was published – relative to the health obligations and to the documentation necessary for expatriating. Foreign citizens must apply for equivalent information through their diplomatic representatives based in Italy and/or through their official government information channels.
In any case, the consumers must, prior to departure, ensure such information is valid with an enquiry addressed to the relative enforcement bodies (for Italian citizens the local Police Headquarters or the Department of Foreign Affairs – website www.viaggiaresicuri.it – Call Centre tel. no. 06.491115), acknowledging any change prior to the trip. The seller or the promoter shall not be liable for failed departure of one or more consumers in the case such check is not performed.
The consumers must inform the seller and the promoter about their citizenship and, on departure, finally check that they are carrying their vaccination certificates, their own passport and any other document valid in all the Countries included in the itinerary, as well as the stay and transit visas, and any required health certificates.
In addition, in order to assess the degree of the health conditions and the level of safety of the Countries of destination, and hence the objective usability of the services already purchased or to be purchased, the consumer must (using the sources of information listed in paragraph 2) refer to the Department of Foreign Affairs for general official information stating if the destinations are formally currently unadvisable. The consumers must also comply with the rules of common sense and due diligence, as well as with the specific rules currently in force in the countries destination of the trip, with all the information supplied by the promoter and with the administrative and legislative regulations and provisions pertaining to the tourist package. The consumers are liable for all the damages which may affect the promoter and/or the seller, also due to non-compliance with the above mentioned obligations.
The consumer must supply the promoter with all the documents, information and elements in his/her possession useful for enabling the latter to exercise the right of subrogation against third parties, responsible of the damage, and will be held responsible towards the promoter for being detrimental to the right of subrogation.
At the moment of booking the consumer must also inform the promoter about any specific request which might be object of special agreements involving the terms of the trip, on condition they are feasible.
The consumer must always inform the Seller and the Promoter about any personal specific requirement or condition (pregnancy, food intolerance, disability, etc...) and clearly specify his/her request for relative customized services.

14. HOTEL CLASSIFICATION
The official classification of the hotels is listed in the catalogue or in other literature only on the basis of the specific and formal indication supplied by the enforcement bodies of the countries in which the service is provided.
In the case no official classification recognized by the public enforcement bodies of the countries, even if members of the E.U., to which the service refers, the promoter reserves the right to include a personal description of the facility in the catalogue or leaflet, in order to allow the consumer to assess, and consequently accept, the same.

15. RESPONSIBILITY
The promoter is held responsible for any damage caused to the consumer in case of total or partial non-fulfilment to supply services due by contract, both if the services should be rendered personally or by third service suppliers, unless he/she is able to prove that the event resulted from a fact ascribable to the consumer (including initiatives the latter might undertake during the performance of the tourist services), to circumstances beyond the services foreseen by the contract, fortuitous events, force majeure, or to circumstances that the promoter could not, despite his/her professional capacities, reasonably foresee or solve. The seller who made the reservation for the tourist package is in no case liable for obligations arising from the organization of the trip but is exclusively responsible for obligations arising from his/her role as an intermediary, hence within the limits of responsibility foreseen by the current laws regulating such subject.

16. LIMITS OF INDEMNITY
Indemnity for damages can by no means exceed the limits stated by art. 94 and 95 of the Consumer Code.

17. OBLIGATION OF ASSISTANCE
The promoter must provide the consumer with the degree of assistance imposed by the principle of professional capacity exclusively for the obligations set forth in the law provisions or the contract.
The promoter and the seller are exempted from their respective responsibilities (articles 15 and 16 of these General Conditions) when non-fulfilment, or partial fulfilment of the contract, is imputable to the consumer or depends on facts of unpredictable or unavoidable nature ascribable to a third party, on a fortuitous event or on force majeure.

18. RECLAMATIONS AND COMPLAINTS
Any non compliance in performing the contract must be promptly contested by the consumer to enable the promoter, or his/her local representative, to rapidly solve the matter. Breach of contract can be contested only in the case the aforementioned procedure is fulfilled.
Moreover, the consumer must – under penalty of cancellation – make a complaint by registered letter with return receipt to be sent to the promoter or the seller, within and not later than ten working days following the date of return to the place of departure.

19. CANCELLATION AND REPATRIATION EXPENSES INSURANCE
If not specificately included in the price, it is possible, and even advisable, to stipulate at the moment of booking at the office of the promoter or of the seller, a special insurance covering expenses arising from package cancellation, injuries and luggage. It is also possible to stipulate an assistance contract covering repatriation expenses in case of accident and illness.

20. GUARANTEE FUND
The National Guarantee Fund (art. 100 Consumer Code) established for safeguarding contract holders, provides, in the event of insolvency or of bankruptcy declared by the seller or the promoter, for the following requirements:
a) refund of the price paid
b) repatriation in case of trips abroad
Furthermore, the Fund must promptly provide tourists with financial funds in the event of forced return from countries not included in the European Community, due to emergencies which may be ascribable, or not, to the behaviour of the promoter.
The conditions of intervention of the Fund are set forth in Prime Ministerial Decree no.349 of 23/07/99.

ADDENDUM
GENERAL CONTRACT CONDITIONS FOR THE SALE OF SINGLE TOURIST SERVICES
A) LAW PROVISIONS
The contracts having as object the offer of the only service of transport, of accommodation, or of whatsoever other separate tourist service, which cannot be considered negotiable as travel organisation or rather as tourist package, are governed by the following CCV provisions: article 1 no.3 and no.6; articles from 17 to 23; articles from 24 to 31, for what concerns expectations that differ from the ones relating to the organization contract, as well as for other stipulations specifically pertaining to the sale of the single service object of the contract .

B) CONTRACT CONDITIONS
The following clauses to the general conditions of the contracts for the sale of the above mentioned tourist packages are also applicable to such contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of such clauses absolutely does not determine the configuration of the relating contract as tourist package. The wording of the said clauses relating to the tourist package contract (promoter, travel, etc.) is therefore understood with reference to the corresponding parties of the sales contract for single tourist services (seller, stay, etc.).