GENERAL TERMS AND CONDITIONS FOR THE SALE OF TOURIST PACKAGES.

1.) PREAMBLE

a) The legislative decree n.111 of 17/3/95 concerning the realization of the directive 90/314/CE foresees in customer’s protection that the promoter and the seller of the tourist package to whom the customer applies is obliged to have the authorization to display their activity. (article 3/1 legislative decree 111/95)
b) The customer has the right to receive a copy of the contract for the sale of tourist packages (under art. 6 of the Legislative Decree 111/95) which is a necessary document for the access to the Guarantee Fund mentioned in art. 18 of these general contract terms.
The elements of a tourist package (article 2/1 legislative decree 111/95) are the following:
The object of the tourist package is travelling, holidays, and the “all inclusive” itineraries, resulting from the pre-planned program of at least two elements listed hereunder, sold or offered on sale at a price on lump-sum basis, duration more than 24 hours or at least a period of time including at least one night:
a) transport;
b) lodging;
c) tourist services not related to the transport or the lodging (omisses)…which belong to the tourist package.

2.) LEGISLATIVE SOURCES

The tourist package contract is ruled, in addition to the general terms, also by the clauses listed in the travel documents delivered to the customer. The said contract, whether it has as an object services to be supplied on home territory or abroad, will likewise be controlled,- where applicable -, by Law 27/12/77 n. 1084 of ratification of the international agreement relative to the travel contract (CCV) signed in Brussels on 23/4/1970 as well as by the above mentioned legislative decree 111/95.

3.) COMPULSORY INFORMATION – TECHNICAL FILE

The promoter has the duty to supply the technical file in the catalogue or in the programme in addition to the catalogue. The compulsory elements to be included in the catalogue or in the programme in addition to the catalogue are:
a) details of the promoter’s authorization,
b) details of the insurance certificate of civil responsibility,
c) period of validity of the catalogue or programme in addition to the catalogue
d) any change or adjustment related to exchange rate, date of value.

4.) RESERVATIONS

The reservation’s request should be put forward in the proper contract form, if electronic, filled-in in all parts and signed by the customer who will be supplied with a copy. The acceptance of the reservation is understood to be confirmed and the contract effective only at time of receiving official confirmation from the promoter, also through telematics, to the customer through the travel agency. All indications evidenced 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 legislative decree 111/95 within a reasonable time prior to departure.

5.) PAYMENTS

The application fee or the individual reservation cost is 25,00 €. The down payment is 25% of the total cost of the tourist package, besides the application fee and the possible insurance cost, and is to be paid upon reservation. The balance should be paid within 15 calendar days prior to departure. The non - payment of the above mentioned amounts will be automatically considered cancellation and subsequent resolution of the contract, with probable reservation of rights to the travel agents and/or promoter.

6.) PRICE

The price of the tourist package is fixed in the contract with reference to the catalogue or the programme in addition to the catalogue and updating. Changes might occur up to twenty days prior to departure and exclusively as a consequence of the changes of:

• transport costs, including cost of fuel;
• taxes and fees on certain tourist services as duties, landing taxes, port and airport embarkation and disembarkation taxes;
• exchange rates applied to the tourist package.
  

Official rates of exchange shall apply to possible variations and to the costs that have been mentioned above in force at date of programme’s publication. The fluctuations will affect the on a lump-sum basis price of the tourist package in the percentage clearly indicated in the catalogue or in the programme in addition to the catalogue.

7.) CONSUMER’S CANCELLATION

7.1) CANCELLATION WITHOUT PENALTIES

The consumer may draw back from the contract without paying any penalty in the following cases:

1. increase of the price mentioned in art. 6 of more than 10%
2. important modification of one or more elements of the contract which might determine a significant change resulting from proposals of the promoter after conclusion of the contract but prior to departure and unacceptable to the customer.

In the above mentioned cases the customer has alternatively the following rights:

1. to enjoy an alternative tourist package without any increase of price or with the return of the excess price, if the second tourist package should have an inferior value;
2. to the refund of the sole down payment. Such refund will have to be effected within 7 working days from receipt of the refund request.

The customer is compelled to give notice of his decision (to accept modification or to withdraw) within and not later than two working days from date of receipt of increase or modification advice. Failure to advice within the above mentioned terms the promoter’s proposal is understood to be accepted.

7.2) CANCELLATION WITH PENALTIES

If the customer will recede from the contract prior to departure, besides the various assumptions listed in the first comma, he will be debited - irrespective of the down payment- further to the application fee and the possible insurance costs, the following penalties:

• up to 30 calendar days prior to departure: no penalty
• from 29 to 15 calendar days prior to departure: 25% of the participation fee
• from 14 to 8 calendar days prior to departure: 50% of the participation fee
• within 7 calendar days prior to departure: 75% of the participation fee

The customer will not be entitled to any refund in the following cases:

1. no-show; or failure to show up at the foreseen arrival day without prior written notice to the promoter
2. interruption of the trip or of the stay;
3. impossibility to undertake the trip because of lack or irregularity of personal travel documents or of any other fulfilment necessary for the trip.

Withdrawals which provide for reservations of means of transport as airline, railway, sea transport are subject, for the portion concerning the transport, to the penalties applied by the single carrier. In case of preformed groups such amounts will be agreed upon, case by case, at time of contract signature.

8.) MODIFICATION OR CANCELLATION OF TOURIST PACKAGE PRIOR TO DEPARTURE

8.1) CHANGES REQUESTED BY CUSTOMER

The changes requested by the customer prior to departure, after the reservation has been confirmed, do not bind the promoter if such changes cannot be satisfied.

In any case modification requests relating to the contract holder, accommodation and hotel treatment comprises for the customer the deposit of 25,00 € not refundable in case of cancellation.

Modifications relating to: change of hotel, date of departure, reduction of the number of participants, duration of the stay, will be considered a withdrawal of the customer and therefore the conditions foreseen by article 7 shall be applied.

8.2) CANCELLATION OF THE TOURIST PACKAGE

In the event that prior to departure the promoter advises in writing his own impossibility to supply one or more services listed in the tourist package and proposing an alternative solution, the customer is entitled to exercise alternatively the right to be refunded of the amount already paid or to enjoy the offer of a proposed substitutive tourist package.(According to 2^nd and 3^rd comma of the previous article 7).

The customer may exercise the rights foreseen above even in case that the cancellation depends on the non-achievement of the minimum number of participants foreseen in the catalogue or in the programme in addition to the catalogue. The promoter cancelling the tourist package will refund the customer an amount twice the one paid by the customer and collected by the promoter, according to the effects of article 1469BIS n.5 Civil Code, except in the following cases:

1. withdrawal because of one of the reasons foreseen by articles 12 and 13 of the legislative decree 111/95 i.e. circumstances beyond control, fortuitous event, failure to reach the minimum number of participants;
2. the non-acceptance of possible alternative offers of the promoter by the customer (reference article 13, 1^st comma legislative decree 111/95)

The refunded sum will never be superior to the double of the amounts due by the customer at the same date as foreseen by previous article 7.2, should he cancel.

9.) 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 one depending on the customer, he will have to arrange for alternative solutions, without increase of price for the contracting party and should the performances supplied be of lower value in respect of the ones foreseen, refund him the difference.

In case an alternative solution will not be possible or if the solution proposed by the promoter is rejected by the customer for serious and justified reasons, the promoter shall supply, without any price increase, an equivalent mean of transport to the one originally foreseen for the return to the place of departure or to a different place agreed upon if necessary , in accordance to the availabilities of the carrier and to the seats and will refund him the difference between the cost of the foreseen services and the one of the services supplied up to the moment of the early return.

10.) REPLACEMENTS

The receding client may be replaced by another person, provided that:

1. the promoter be informed in writing at least 4 working days before the date of departure, receiving at the same time information about name and address of the transferee.
2. the succeeding person meets with all conditions to enjoy the service (ex article 10 legislative decree 111/95) and especially the requirements related to the passport, visa and sanitary certificates.
3. the succeeding person refunds the promoter all expenses supported to proceed to the replacement in the amount that will be notified before the transfer.

The releaser and the transferee are furthermore strongly responsible for the payment of the balance of the price as well as of the amounts related to letter c) of this present article.

Concerning the nature of some services it can happen that a third party,- service supplier-, does not accept the change of name, even if made within the terms as per previous point a).

The promoter will not be held responsible in such event. The non-acceptance of the replacement will be notified opportunely by the promoter to the interested parties before departure.

11.) PARTICIPANT’S OBLIGATIONS

The participants must hold an individual passport or another travel document valid in the countries listed in the itinerary as well as entry visas, transit visas and sanitary certificates if requested.

Participants, furthermore, will have to observe the rules of normal caution and diligence and the ones specifically in force in the countries of destination of the trip; to pay attention to all the information supplied by the promoter and to the rules and dispositions foreseen by the tourist package.

The participants will be responsible of all damages that might occur to the promoter because of the non-fulfilment of the above mentioned obligations.

The customer will have to supply the promoter with all the documents, the information and the elements in his possession useful to exercise the right of subrogation in respect of third parties, responsible of the damage, and he will be held responsible towards the promoter for being detrimental to the right of subrogation.

The customer will give notice in writing to the promoter upon reservation of any particular request which might be object of special agreements on the terms of the trip on condition that the execution is possible.

12.) HOTEL CLASSIFICATION

The official classification of the hotel structures is given in the catalogue or in other literature only on the basis of the formal indication of the concerned authorities of the countries in which the service is supplied. In lack of official classification recognized by the concerned authorities of the countries, even if members of the E.U., to which the service refers, the promoter reserves himself the right to supply in catalogue or leaflet his own description of the structure so as to permit an estimation and subsequent acceptance of the said structure by the customer.

13.) RESPONSIBILITY

The promoter is held responsible for any damage caused to the customer 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 is able to prove that the event has resulted from a fact of the customer (including initiatives the customer might undertake during the execution of the tourist services) or by circumstances beyond the service supply foreseen by the contract, fortuitous event, circumstances beyond control or rather circumstances that the promoter could not, despite his professional capacities, reasonably foresee or solve.

The seller who has made the reservation of the tourist package is not liable in any case for obligations arising from the trip organization but he is responsible exclusively for obligations arising from his position as an intermediary and however within the limits of responsibility foreseen by the laws and covenants mentioned above.

14.) LIMITS OF INDEMNITY

The indemnity owed by the promoter for damages to the person cannot, in any case, be higher than the indemnities foreseen by the international covenants concerning the non-fulfilment of the services : i.e. the covenant of Warsaw of 1929 on international air transport, in the text modified in the Hague in 1955, the covenant of Bern (CIV) on railway transport, the covenant of Brussels in 1970 (CCV) on the travel contract for any assumption of responsibility of the promoter. In any case the limit of the indemnity cannot be higher than 2000 gold Francs Germinal for damage to things foreseen by article 13 n.2 CCV and of 5000 gold Francs Germinal for whichever other damage and for those indicated in article 1783 Civil Code.

15.) OBLIGATION OF ASSISTANCE

The promoter is compelled to supply assistance to the customer imposed by the principle of professional capacity exclusively with reference to the obligations at his charge according to the provisions of the law or the contract. The promoter and the seller are exempted from the respective responsibilities (articles 13 and 14) when the non-fulfilment or the partial fulfilment of the contract is attributable to the customer or has depended on facts of a third party and of unpredictable or unavoidable nature, or of a fortuitous event or circumstances beyond control.

16.) RECLAMATIONS AND COMPLAINTS

The customer, according to article 19 n.2 of the legislative decree 111/95 must complain under form of reclamation immediately to the promoter about the dissimilarities and defects of the tourist package as well as the defaults of his organisation or realisation in order to enable the promoter to remedy opportunely. If it is not possible immediately the customer may also complain by means of a registered letter to the promoter or the seller within and not later than 10 working days from the date of return to the point of departure.

17.) INSURANCE AGAINST CANCELLATION EXPENSES AND REPATRIATION

Nyala Wonder Travel is covered by insurance certificate no.70435044.00 with SAI S.p.A. for civil responsibility referred to in the articles 15 and 16 of the legislative decree 111/95. If not included in the price, it is possible and even advisable to stipulate at time of reservation at the offices of the promoter or seller or directly with specialized insurance companies, special insurance cover against the expenses arising from cancellation of the package, injuries and luggage. It will also be possible to stipulate a contract of assistance to cover the expenses of repatriation in case of accidents and illness.

18. GUARANTEE FUND

The National Guarantee Fund is available at the Ministry of Tourism and Productive Activities (General Management). The customer may apply (according to article 21 legislative decree 111/95) in case of insolvency or declared bankruptcy of the seller or promoter for the following requirements:

1. refund of the price paid
2. repatriation in case of trips abroad

The Fund, furthermore, must be immediately available in case of forced return of tourists from countries not included in the European Community, because of emergencies attributable or not to the behaviour of the promoter.

The modalities of the intervention of the Fund are established by Presidential Decree of the Board of Ministers of 23/07/99 n.349 G.U. n.249 of 12/10/1999 (according to article 21 n.5 legislative decree 111/95).

ADDENDUM: GENERAL CONTRACT CONDITIONS FOR THE SALE OF SINGLE TOURIST PACKAGES

A) RULES

The contracts having as an object the offer of the only service of transport, of stay, or of whichever other separate tourist service, not being possible to consider negotiable as travel organisation or rather as travel package, are governed by the following rules of the CCV : article 1 n.3 and n.6; articles from 17 to 23; articles from 24 to 31 as far as the expectations that differ from the ones relating to the organization contract as well as the other stipulations specifically referring to the sale of a single service being object of the contract are concerned.

B) CONTRACT CONDITIONS

To such contracts are also applicable the following clauses of the general conditions of sales contract of tourist packages above mentioned:

Article 4, 1^st comma, article 5; article 7; article 8; article 9; article 10, 1^st comma; article 11, article 15, article 17.

The application of such clauses absolutely do not determine the configuration of the relating contract as tourist package. The wording of the said clauses relating to the contract of tourist package (travel organization, etc.) is therefore understood with reference to the corresponding indications of the sales contract for single tourist services (seller, stay, etc.).

For any controversy the text in Italian language bears wittness.