General terms and conditions-Holiday Packages
The following general terms and conditions for the product “Vacation Packages”.
1) Normative sources
The sale of tour package, whether to provide services in Italy and abroad, is governed-until its repeal within the meaning of art. 3 of Legislative Decree No. 79 of May 23, 2011 (the “code of tourism by law 27/12/1977 nr. 1084 of ratification and implementation of the International Convention on travel contracts (V DC) signed in Brussels on 23.4.1970 as applicable as well as the tourist Code (art. 32-51) and similar.
2) Notion of tour package
Pursuant to art. 34 Cod. Tur. packages concern the journeys, holidays and package tours, all inclusive sightseeing cruises, resulting from the combination by anyone in any way made of at least two of the elements listed below, sold or offered for sale at a flat rate
c) tourist services not ancillary to transport or accommodation (misses) constituting, for the recreational needs of the tourist, a significant part of the “tourist package”. The tourist is entitled to receive a copy of the sales contract of tourist package (pursuant to art. 35 and no. 36 Tur). The agreement constitutes the title to access the guarantee fund provided for in art. 19.
3) Mandatory information sheet
1. Technical Organization Paper Moon. -Via Cairoli .14 01100 Viterbo, Italy
2. Administrative Authorization issued by the Lazio Region n. 99 28/February 1995 in accordance with the provisions of the regional law.
3. insurance policy RC n. 803144933 in agreement with Amissima Insurance and policy n. 165624 with Mondial Assistance in accordance with articles 44 and 45 Cod. Tur.
4) On-line reservations
Buying travel packages through this site in the following ways: 1) buy online 100%. The travel package booking is done completely through the site: the tourist must provide all the data necessary for the purchase (name, surname, e-mail address, etc.) as well as those related to your credit card.
The Organizer, after receiving confirmation of cover from the credit card issuing bank will immediately send the travel contract. Any details not reported correctly must be immediately reported by the tourist at the Call Center by calling the number provided in your confirmation email.
Payment of packages purchased online must be made by credit card, at the time of travel choice. During checkout, you will be prompted for your credit card details: If problems emerge (for example failure to authorisation by the Bank) the purchase is suspended. In this case, the consumer will not be charged any fees but will lose the rate it had locked in the purchase.
We accept credit cards, indicated on the site at the time of purchase. The amounts will be charged only after the sending of the email confirmation for the chosen service as indicated in the previous paragraph. Failure to pay the organiser the sums above at given dates constitutes termination clause such as to determine, by the seller or by the Organizer, the termination.
The prices of packages visible on this site are in euros
Withdrawal and editing
7) withdrawal of tourist
Tourists can withdraw from the contract without penalty in the following cases:
-increasing the price referred to in art. 6 in excess of 10%;
-significant modification of one or more elements of the contract objectively as fundamental to the enjoyment of the package as a whole and proposed by the organiser after the conclusion of the contract but prior to departure and not accepted by the tourist.
In the above cases, the tourist has the right to:
-to use an alternative tourist package without extra charge or refund of the excess price, if the second tourist package has a value lower than the first;
-the return of only part of the price already paid. The refund must be made within seven working days of receipt of the request for the refund.
The tourist 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 modification. In the absence of express notice within such period, the proposal made by the organiser is considered accepted. The customer withdraws from the contract prior to departure outside of the cases listed in the previous paragraphs of this article, will be charged a penalty, individual practice management packages, insurance premiums and the following percentages of the participation fee, calculated based on how many days before the start of the trip cancellation (the calculation of days does not include that of withdrawal, the disclosure of which should be received within 1 working day prior to commencement of travel):
-from the day of reservation until 30 days prior to departure 10%
-from 29 to 20 days prior to departure 30%
-from 19 to 10 days prior to departure 50%
-from 9 to 4 days prior to departure 75%
-from 3 to 0 days prior to departure 90%
Some services may be subject to different penalties, they will be communicated at the time of booking. N.B. The same amounts must be paid by those who could not make the trip due to lack or irregularity of provided personal documents of expatriation.
8) Changes before departure of the tourist
It is not possible after booking confirmation, perform at the request of the customer, changes to any travel package service. If the customer wishes to change one or more services included the package (eg. date of departure, destination, hotel, etc.) you must cancel your reservation and make another.
1) the decrease in the number of passengers within a practice is intended as (see art. 7 then withdrawal)
9) Modification or cancellation of the tourist package prior to departure on the part of the Organizer
Any significant changes from the Organizer, the package or its essential element is subject to acceptance of the customer in accordance with art. 41 Cod. Tur.
In the case of rejection, the tourist may exercise the rights of art. 7. Tourists can exercise the rights mentioned above even when the cancellation depends on the failure to reach the minimum number of participants foreseen in the catalogue or in the catalogue Program, and for those other than the lack of acceptance by the tourist alternative tourist package offered (pursuant to art. 7 above). The organiser who cancels (ex-art. 33 let. And Cod. Cons.)
Returns the tourist double what the same paid. The refunded sum will not exceed double the amount which the tourist would be on the same date the debtor in accordance with art. 7, par. 4 if he had to cancel.
10) Changes after departure
The Organizer, if after the departure you are unable to provide for any reason, except for one fact of tourist, an essential part of the services covered by the contract, it must provide alternative solutions, without additional costs borne by the contractor and if the services provided are of lower value than those foreseen, refund in an amount equal to the difference. If it is not possible to any alternative solution, i.e. the solution prepared by the Organizer is rejected by the tourist for serious and justified reasons, the organiser will provide free of charge, a means of transport equivalent to that originally planned to return to the place of departure or other places that may be agreed upon, according to availability and of places and will refund you the extent of the difference between the cost of the benefits provided and supplies until anticipated return.
The consumer is obliged to provide the organiser with all documents, information and elements in his or her possession relevant to the exercise of the right of subrogation of the latter in relation to third parties responsible for damage, and is liable to the organiser of the injury caused to the right of subrogation.
13) Hotel classification
The official classification of hotel facilities is provided on the site only in accordance with the express and formal indications of the competent authorities of the country where the service is provided.
14 Liability Regime
The organiser is liable for damages caused to the tourists as a result of total or partial breach of contractually due performances, whether the same are carried out by him personally and by third-party service providers, unless he proves that the event resulted from the fact the tourists (including initiatives independently undertaken by the latter in the course of execution of the tourist services) or from a third party to an unforeseeable force majeure, or circumstances that the Organizer could not, according to the professional diligence, reasonably foresee or resolve. In the case of online sale with seller confirms what made your reservation of the package shall not be liable for any obligations arising from travel arrangements, but is solely responsible for the obligations arising from its capacity as intermediary and as such limits
15) Compensation limits
Compensation to be paid by the organiser for damage to the person shall in no circumstances exceed the limits provided for by international conventions to which the part Italy and the European Union in relation to services whose non-fulfilment has determined the responsibility. In particular, the limit of compensation may not exceed in any case the amount of 50000 Germinal gold Francs for damage to persons, the amount of 2,000 gold francs Germinal for damage and the amount of 5000 gold francs Germinal for any other damage (art. 13, n. 2, CCV).
16) Obligation to provide assistance
The Organizer is obliged to provide the tourist assistance measures imposed by the criterion of professional diligence exclusively with reference to the obligations in law or contract. The organizer and the intermediary are exempted from their responsibilities (arts. 14 and 15) when failure to execute the contract or inexact execution is attributable to tourist or stemmed from a third unforeseeable or unavoidable 17) claims and complaints Any failure in performance of the contract should – subject to revocation-be challenged by tourists through timely submission of complaint, even for the purposes referred to in art. 1227 for the DC Organizer, his representative or the accompanying remedy the situation promptly. Otherwise, it cannot be objected to the breach of contract. The tourist must, under penalty of forfeiture, complain by sending a registered letter with acknowledgement of receipt, or other means to ensure proof of receipt to the organiser no later than ten working days from the date of return to the place of departure.
18) Insurance against cancellation costs
If not expressly included in the price, it is possible, and indeed advisable, to stipulate at the time of online booking, by requesting it from the Call Center special insurance against costs resulting from the cancellation of the package, accidents and luggage.
19) Guarantee fund
It is established in the Directorate-General for tourism of productive activities the national guarantee fund which the tourist can contact (pursuant to art. No. 51 Tur …), in the case of insolvency or declared bankruptcy, for the protection of the following needs:
Refund of the price paid;
The Organizer contributes to fuel such a fund to the extent set out in paragraph 2 of art. No. 51 Tur. through payment of compulsory insurance which is required to enter into, a share of which is paid to the Fund in the manner provided for by art. 6 DM 349/99.
20. Right of withdrawal
Pursuant to art. 32, co. No. 2 Tur, communicating to the exclusion of the right of withdrawal provided for by art. 64 et seq. of the D.L.gs. n. 206/2005 (consumers ‘ code). “