GENERAL TERMS AND CONDITIONS OF SALE OF TOURIST PACKAGES
1) LEGISLATIVE SOURCES
● The sale of package tours, which have as their object services to be provided in territory both national and international, is governed by Law No. 1084 of 27/12/1977 ratifying and implementing the International Convention concerning the travel contract (CCV) signed in Brussels on 23.4.1970 – as applicable – and by the Tourism Code of Legislative Decree n. 79 of 23 May 2011 (arts. 82-100).
● The Organiser and the Seller of the package, which the customer or consumer addresses, must be approved the execution of their activities in accordance with applicable administrative regulations.
● For the purpose of this agreement shall apply:
a) Travel Organiser, the person who has the combination of elements referred to in Art. 4 and undertakes in its own name and from flat fee to procure packages to third parties;
b) Seller, the person who sells or undertakes to procure tourist packages in compliance with the following art. 4 towards a flat-rate fee;
c) Consumer of tourist packages, the buyer, the transferee of a tourist package or anyone even to be nominated, provided that all the conditions required to use the service, on whose behalf the principal contractor agrees to purchase without a remuneration tour package.
4) OF PACKAGE TOUR CONCEPT
● The no.on of tourist package is as follows: “The tour packages are concerned with travel, holidays and” all inclusive, “resulting from the combination of at least two of the following elements, sold or offered for sale at a fixed price, and lasting more than 24 hours or extending for 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 “package” (art. 84 Cod. Cons.). the consumer has the right to receive a copy of the tourist package sales contract (pursuant to art. 85 and 86 Cod. Cons. ), which it is also the document to apply for the Guarantee Fund as art. 20 of these Conditions of Contract.
5) COMPULSORY INFORMATION – TECHNICAL DATA
● The Organiser is obliged to provide a technical program. The elements that must be included in the catalogue or data sheet of the program are: extreme administrative authorisation or, if applicable, the Organiser; the insurance policy liability; period of validity of the catalogue or program out of print or customised trip; mode and traveller replacing conditions (art. 89 Cod. Cons.); parameters and adjustment criteria of the travel price (art. 90 Cod. Cons.). The organiser will also inform passengers about the identity of the carrier / the actual / s within the time
and in the manner provided by art. 11 Reg. EC 2111/2005 and communicates as of now the exclusion of the right of withdrawal for online sales.
● The extent of the advance, amount to 20% of the price of the package, to be paid at the time of booking or on the binding application and the date by which prior to departure must be paid the balance, resulting from catalogue, brochure or anything else. Non-payment of the sums above the dates constitutes an express termination clause such as to determine, by the intermediary agency and / or the Organiser, the right resolution.
● The price of the package is determined in the contract. It may be changed up to 20 days prior to departure and only in consequence of changes in:
transportation costs, including fuel costs;
rights and taxes on certain types of tourist services such as taxes, landing fees, embarkation or
disembarkation at ports and airports;
the exchange rates applied to the package in question.
For these changes it will refer to the Technical Data Sheet relating to each trip.
8) CHANGE OR CANCELLATION OF THE PACKAGE BEFORE STARTING
● Before departure, the organiser or the seller who needs to modify signiﬁcantly one or more elements of the contract, it will immediately notify in writing to the Consumer indicating the type of modification and variation of the price that ensues. If you do not accept the proposed amendment referred to in paragraph
1, the consumer may exercise the right to reacquire already paid or to enjoy the offer of a package I replaced under the 2nd and 3rd paragraph of art. 8. The consumer may exercise the rights provided above even when the cancellation depends on the failure to reach the minimum number of participants in the catalogue or program out of print, or in cases of force major and unforeseeable circumstances relating to the tourist package purchased. For cancellations other than those caused by force major, accident and failure to reach the minimum number of participants, as well as to those other than the lack of acceptance by the Consumer alternative tourist package offered, the organiser who cancels (ex art. 33 letter. It Cod. Cons.), will return to the Consumer twice what was paid and cashed by the organiser, through the travel agent. The refunded sum will never be higher than double the amounts of which the consumer would be on the same date debtor in accordance with the provisions of Art. 10, 4th paragraph if he had to cancel.
9) WITHDRAWAL OF THE CONSUMER
● The consumer can withdraw from the contract without paying penalties in the following cases:
a) the price increase referred to in art. 8 to an extent exceeding 10%;
b) significant modification of one or more elements of the contract as fundamental to the fruition of the package as a whole and proposed by ‘Organiser after the conclusion of the contract, but before departure and not accepted by the consumer.
In the cases above, the consumer has the right either: to take advantage of an alternative tourist package, without extra cost or with the restitution of the price, if the second package has a value lower than the first; the refund of the amount already paid. Such a refund must be made within 7 working days from the time of the request for reimbursement. The consumer must communicate his decision (to accept the change or withdraw) no later than two working days from the moment he received the notice of increase or change. In the absence of express communication within the aforesaid term, the proposal made by the Organiser is considered accepted. At the consumer who withdraws from the contract prior to departure outside of the assumptions listed in paragraph 1, they will be charged – regardless of the payment in art. 7, paragraph 1 – the individual cost of share opening practice, the insurance premium and, unless otherwise specified in the presentation pages of individual travel and / or during the service confirmation, the penalties set out in the Technical Specifications.
10) CHANGES AFTER DEPARTURE
● The organiser, if after the departure is unable to provide for any reason, except for circumstances depending on the consumer, an essential part of the services included in the contract, will provide alternative solutions without pays price supplements of the contractor and if the services provided are of lower value than those stipulated repay in an amount equal to such difference. If no alternative solution is possible, or if the proposed solution by the Organiser is refused by the consumer for serious and justified reasons, the Organiser will provide at no extra cost, a means of transport equivalent to that originally planned for the return to the place of departure or to any other agreed place, consistent with the availability of means and places and will reimburse the extent of the difference between the cost of benefits provided and the services performed until the time of early return. The Organiser shall not be liable for any failure or delay in performance of any of its contractual obligation to be caused by events beyond its reasonable control ( “Force Majeure Event”).
● The Consumer can be substituted by another person provided that:
a) the organiser is informed in writing at least 4 working days before the date fixed for the departure, receiving information regarding the identity of the transferee;
b) the substitute meets all the conditions for using the service (Art. 89 of Cod. Cons.), and in particular the requirements for passports, visas, health certificates;
c) the same services or other services in place can be provided following the substitution;
d) the substitute Organiser reimbursement for all additional costs incurred for the replacement to the extent that will be quantified before the transfer. The transferor and the transferee are jointly and severally liable for payment of the balance of the price and the amounts referred to in subparagraph d) of this Article. Further modalities and conditions of substitution are indicated in the data sheet.
12) OBLIGATIONS OF CONSUMERS
● During negotiations and before the conclusion of the contract, the Italian citizens are given written general information – date of the publication date of the catalogue – relating to health requirements and documentation needed for ‘ expatriation. Foreign citizens will find the corresponding information through their diplomatic representatives in Italy and / or their official government information channels. In the absence of such verification, no responsibility for the failure to departure of one or more consumers can be attributed to the seller or the Organiser. Consumers will have to inform the Seller and the Organiser of their citizenship and, upon departure, will have to ensure definitely be in possession of certificates of vaccination, the individual passport and any other valid document for all countries touched by the itinerary, as well as stay visas, transit and health certificates if required. In addition, in order to assess the health situation and the countries of destination safety and, therefore, the objective usability services purchased or to be purchased, the consumer will retrieve (making use of information sources indicated in paragraph 2) the official character information general at the Ministry of Foreign Affairs which specifically determine whether the destinations are not subject to formal discourage. Consumers will also have to follow the observance of the rules of normal prudence and diligence and to those specifications in force in the countries of destination, to all the information provided to them by the Organiser, as well as regulations administrative or legislative provisions relating to the package. Consumers will be liable for all damages that the organiser and / or the Seller should also suffer due to non-compliance with the above mentioned obligations. The consumer is required to provide to Sponsor all documents, information and evidence in its possession relevant to the exercise of the right of subrogation of the latter against third parties responsible for damage and is responsible to the Organiser of the injury caused to the right of subrogation. The consumer will also communicate in writing to the Organiser at the time of booking, of any special personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement. The consumer is obliged to inform the Seller and the Organiser of any its requirements or conditions (pregnancy, food allergies, disabilities, etc.) And explicitly specify in writing the request for personalised services.
13) HOTEL CLASSIFICATION
● The oﬃcial classification of hotels is provided in the catalogue or in other informative material based on the explicit and formal indications of the competent authorities of the country where the service is provided. In the absence of official classifications recognised by the competent public authorities of the EU member states where the service is provided, the Organiser reserves the right to supply in catalogue or brochure’s description of the accommodation in order to permit an evaluation and subsequent acceptance of the same by the Consumer.
14) LIABILITY REGIME
● The Organiser is liable for damages caused to the consumer due to total or partial performance of the contract, either if these are performed by him personally or by third party service providers, unless he proves that the ‘event was caused by the consumer (including initiatives taken by himself in the execution of tourist services) or by circumstances beyond the provision of services under the contract, by accident, force majeure, or circumstances that the same Organiser could not, according to professional diligence, reasonably foresee or solve. The Seller in which proceedings are already booked the tour package is not liable under any circumstances for the obligations of the trip, but is only liable for the obligations arising from his role as intermediary and to the extent that liability established by current standards in the field.
15) OF COMPENSATION LIMITS
● Compensation for damages cannot in any case exceed the limits indicated in articles. 94 and 95 of the Consumer Code.
16) OBLIGATION OF ASSISTANCE
● The Organiser is obliged to lend its assistance to the consumer imposed by the criterion of professional diligence exclusively with reference to its obligations, by law or contract. The organiser and the seller are exempt from their responsibilities (art. 15:16 of the General Conditions) when the failure or improper performance of the contract is due to the consumer or derives from the fact that a third unforeseeable or unavoidable, or by a fortuitous or force majeure.
● Any failure in the contract must be contested by the consumer without delay so that the organiser, its local representative or the guide may remedy the situation promptly. Otherwise it cannot be denied the breach of contract. The Consumer must – on pain of forfeiture – also make a complaint by sending a registered letter with acknowledgement of receipt, the Organiser or the Seller no later than 10 working days from the date of return to the starting point (the according Art.49 paragraph 1,2,3 of Tourism and relative Code. Art. 1227 CC).
GENERAL TERMS AND CONDITIONS OF SALE OF TOURIST PACKAGES
● Ex Art. 05
An integral part of the General Conditions of Participation. The validity of the travel program, the duration and the change of reference for the purposes of any currency adjustments are specified in each proposal travel.
Changes in transportation costs, fuel costs, rights and duties (art. 8)
● The transport costs, fuel costs, air fares, fees and taxes (such as landing, boarding or disembarking at ports and airports) are those in force at the time of on-line publication of each travel schedule and always mentioned in the same program. Changes required by the Consumer and the Consumer withdrawal
● Any changes requested by the consumer after the confirmation of the services that are part of the package will be charged to the consumer for £75.00 per person in addition to paying the Organiser of all additional costs incurred to process to variation. The modification of the Consumer renounce name with that of a substitute cannot be accepted by a third party service provider, and in relation to certain types of them, even if carried out within the time limit referred to in Article. 10, paragraph a) of the General Conditions of Contract of callbacks. The Organiser will not be responsible for any rejection of the amendment by the third party service providers. Such non-acceptance will be promptly notified by the Organiser to interested parties before departure and, if the same consequently entails the withdrawal from the Contract by the Consumer, will be applied the same conditions of withdrawal, as indicated below. At the consumer who withdraws from the contract prior to departure outside of the assumptions listed in paragraph 1, they will be charged – regardless of the payment in art. 7, paragraph 1 – the individual share opening practice cost, the insurance premium and, unless otherwise specified in the individual travel offers and / or under the service confirmation, the penalties set out below, depending on the number of days until the departure date (working days, including that of withdrawal, Saturdays and Sundays non-working) in which is given for the cancellation:
a) 10% of the fee up to 30 days before departure;
b) 25% of the price from 29 to 21 working days before departure;
c) 50% of the price from 20 to 11 working days before departure;
d) 75% of the price from 10 to 3 working days before departure;
e) after this time the penalty will be equal to the entire value of the package.
Please note: the same amounts should be paid by those who could not travel due to lack, incompleteness and / or irregularity of personal and travel documents.
If, however, the organised groups, ad hoc realised trip initiatives, corporate travel, work and not included in “programmed Group travel” and then published on our “Online Catalogue” on this site, the percentages relating to cancellation fees may be agreed from time to time the contract is signed; Otherwise – if pejorative – will apply the contractual conditions (advances, balances, terms of bookings and contractual penalties) required by the various service providers including hotels, maritime carriers, terrestrial and airline.
• Organisation Visit Sicily Ltd – registered in England and Wales (Company No: 10780477) –
5 Terence Court, Belvedere Kent, DA17 LB
Policy professional liability
Insurance coverage for the travelling consumer
● When purchasing a package tour the consumer is required taking out a travel insurance policy covering cancellation penalties package provided to the Consumer art. 10 of the General Conditions of sale of tourist packages, the costs of illness, accident, theft and damage to luggage, repatriation etc.
Regulation (EC) No. 2111/2005 – Art. 11 Information on the identity of the operating air carrier
● The name of the airline which will carry out / the ﬂight / s is indicated in the travel program and the booking confirmation sheet; Any changes will be notified in accordance with applicable standards.
Excursions and optional services purchased at destination
● All of the proposals or initiatives trip organised by Tour Operator Association begin and end at the airport indicated in the travel program and data sheet.
● Any such approach is not made of air carriers is not organised by Tour Operated Associates and therefore out of his responsibility, as excursions and more generally the services purchased on the spot by the consumer in the resort destination of the trip are not expressly included in the Tourist package, are considered, the effects of the responsibility of tour operators Associates, excluded from the contract.
+44 0207 1234 5678
+44 79 6655 1278