SECTION 1: LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is regulated - until its repeal pursuant to art. 3 of Legislative Decree no. 79 of 23 May 2011 (the "Tourism Code") - by the Law of 27/12/1977 No. 1084 of ratification and execution of the International Convention concerning the travel contract (CCV), signed in Brussels on 23.4.1970 - in as applicable - as well as by the Tourism Code (articles 32-51) currently amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive n. 2015/2302, as well as the provisions of the Civil Code regarding transport, service contract and mandate, insofar as applicable, and by the Navigation Code (R.D. n. 327 dated 30.03.1942)
SECTION 2: DEFINITION OF TOURIST PACKAGE- TECHNICAL ORGANIZATION - TOUR OPERATOR
The notion of tourist package is as follows:
“The tourist package have as subjects holiday, travels, all-inclusive holiday, tourist cruise, that are the result of a combination, by anyone or in any way is realized, of at least two of the following elements, sold or offered to sale at a lump sum price: a) transport, b) accommodation, c) tourist services not accessory to the transport or accommodation of which at the art. 36, that are meant to satisfy the entertainment needs of the tourist, significant part of the “tourist package” (art. 34 Tourism Code)
The tourist has the right of receiving a copy of the sale contact of the tourist package (edited in accordance with the modalities of which at the art. 35 T.C.). The contract represents a title to accede to the Guarantee Fund of which at the following section 11
The Tourist Packages in this catalogue technicaly organized by Shangri-La Viaggi di Ginaprelli Alessio Giuseppe - Via Milano, 14, 95128 Catania P.IVA 05600870876, iscritta dal 06/11/2018 alla C.C.I.A.A di Catania al REA n.CT-412947| Tel. +39.3392713799 Authorization of the Regional Tourism Department n ° 1595 S7 TUR of 12/06/2019 - Coverage of Civil Responsibility Insurance ARGO GLOBAL Assicurazioni SpA No. 0000078248 of 05.16.2019 dated 12/06/2019a - Participation in the "IL SALVAGENTE scarl" Guarantee Fund n.2019 / 1 -2023 of 15/05/2019
SECTION 3: RESERVATION AND PAYMENTS
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 the form of telematic data, to the consumer through the intermediary travel agency.
Before the departure the promoter will supply information concerning the tourist package, not included in the contract documents, in the leaflets and/or under different form of written advice, as regulated by art. 37, paragraph 2 of the Tourism Code.
In accordance with art. 32, paragraph 2 of the Tourism Code, in the case of contracts concluded at a distance or outside the premises of local businesses (as defined in art. 50 and 45 of D.Legs. 206/2005), the promoter will undertake to communicate to the registration the non-existence of the right of withdrawal as seen in art. 64 and following of the D.Legs. 206/2005.
In accordance of the art 36 D.Lgs 79/2011, upon the act of accepting the Booking, the consumer will foresee to the provision of payment of 25% of the total amount as down payment of the purchased vacation package. The balance will be successively paid on the basis of the date of the Booking and however within 30 days prior to the departure date. Specifically: For reservations made less than 30 days and up to 7 days before the departure date, the balance must be fully paid for by the first working day after the date of the same Booking. For reservations less than 7 days from the departure date the balance must be fully paid by the same day as the Booking. The calculation of the days is referred to calendar days.
The missed payment of the sums, at the prefixed dates, will be an expressed resolution clause, in such a way to determine the lawful resolution of the intermediary agency and/or the organiser.
SECTION 4: PRICES
The price of the tourist package depends on the contract, with reference to all that has been written in the catalogue or in the extra-catalogue program and to any details that have been added later in the catalogue or in the extra-catalogue program. It can be changed until 20 days before the departure and only in consequence of the changes of:-costs of transport,, included the fuel cost.
SECTION 5 :TOURIST RECESSION
The tourist can cancel the contract, without having to pay any penalty in the following cases:
- increase of the price of which at the previous art. 8 more than 10%.
- significant change of one or more elements in the contract which is/are objectively considered fundamental for the fruition of the tourist package.
If the customer doesn’t accept these changes, the organizer will be limited only to refund the amount paid.
SECTION 6 : CANCELLATION FEE
•10% of the participation rate in case of cancellation from 42 till 28 days before the arrival of the client;
•25% of the participation rate in case of cancellation from 27 till 21 days before the arrival of the client;
• Between 20 and 8 days before arrival: 50% of the total cost
• Between 7 and 4 days before arrival: 75% of the total cost
• Between 3 and 0 days before arrival: 100% of the total cost .
SECTION 7 : TRAVEL ORGANIZER RESPONSIBILITY
The travel organiser is liable for damages caused to the tourist in relation to the total or partial non-fulfilment of the services specified in the contract, whether the services are carried out directly by the organiser or by third parties, unless it is proven that this non-fulfilment is caused by the tourist (this includes autonomous initiatives that the tourist assumes during the journey) or caused by circumstances which are outside the services foreseen by the contract, by fortuitous cases, by circumstances beyond control, that is, by circumstances that the organiser could not reasonably foresee or solve.
The intermediary used for the reservation of the tourist package is not liable for obligations arising from the organisation of the journey, but is exclusively responsible for the obligations arising from the role of intermediary and, however, within the limits foreseen by the laws in force for such responsibility.
SECTION 8: SUBSTITUTIONS
A Tourist who is unable to travel can be substituted by another person if:
a) the travel organiser is informed in written form at least 4 working days before the date of departure, and at the same time receiving the reasons for the substitution and is informed of the details regarding the substitute;
b) the substitute satisfies all the conditions for the fruition of the service (ex. Article 89 of the Tourist Code), in particular requirements regarding passports, entry permits, and health certificates;
c) the same services or other substitution services can be given following the substitution;
d) the substitute reimburses the travel organiser of all the additional costs sustained for the substitution procedure, the amount of which will be quantified before substitution.Further requirements and conditions regarding substitutions are indicated in the technical form.
SECTION 9 MODIFICATION BEFORE OR AFTER THE DEPARTURE.
Before the departure the organiser or the intermediary that needs to significantly change one or more elements of the contract, has to inform immediately in a written form the tourist, indicating the type of modifications and the consequent variation of the cost.
In case the tourist does not accept the changes,the tourist can exert the right of having his money back or of having a substitute tourist package without price supplements and with the reimbursement of any extra cost if the chosen tourist package has an value inferior than the first;
The tourist must communicate the decision taken (acceptance of the modification, or cancellation) within two working days from the date of receipt of the communication of cost increase or modification. If the tourist does not expressly communicate a decision within the above mentioned time limit, the proposal formulated by the travel organiser will be considered accepted.
The tourist can exert the pre-said rights also when the cancellation depends on the missed reaching of the minimum number of participants required in the catalogue or in the extra-catalogue program or on extenuating circumstances and fortuitous case, related to the bought tourist package.
For the cancellations different from those depending on extenuating circumstances, on fortuitous case and on the missed reaching of the minimum number of participants, and also for those different from the missed acceptation of the tourist of the offered alternative tourist package, the organiser that cancels will give back to the tourist the double of the money paid by him and cashed in by the organiser, trough the travel agency. The amount of money returned to the tourist is never going to be more than the double of the amounts of which the tourist would be in pair debt in case is the tourist that cancels
In accordance of art. 41 2° comma of the D.lgs 79/2011, if after the departure, the Travel Organizer is found to be in impossibility of being able to supply, for whatever reason apart from it being a fact depending on the Tourist, a part essential to the services conceived under the Contract, alternative solutions must be made available, without any supplement to the
price charged to the contractor
Should there not be any other alternative solution possible, or should the solution made available by Iopitour Tour Operator be refused by the client for serious and justifiable reasons, The Travel Organizer must refund him/her to the exact amount of the difference between the cost of the expected services and those of the effectively given services, up to the time of the anticipated return
10 SECTION: COMPLAINTS AND DENUNCIATIONS
Every lack in the fulfilment of the contract must be contested by the tourist during the fruition of the package trough prompt presentation of complaint, so that the travel organiser, its local representative or the travel courier can quickly correct the situation. Otherwise, the reimbursement of the damage will be diminished or excluded according to the art. 1227 c.c.
The tourist also must – decadence penalty - report the complaint by sending a recorded delivery letter, with acknowledgement of receipt, or any other means that can guarantee the evidence of the occurred reception, to the organiser or the intermediary, within and not more than 10 working days from the date of return to the point of departure
SECTION 11 GUARANTEE FUND
The organized tourism contracts are assisted by suitable guarantees given by the Organizer and the intermediary Travel Agent that, for trips abroad and trips that take place within a single Country guarantee, in cases of insolvency or bankruptcy of the intermediary or organizer: i
a) reimbursement of the price paid;
b) repatriation in the case of travel abroad.
c) provide immediate financial availability in the event of forced return of tourists from non-EU countries on the occasion of emergencies attributable or not to the behavior of the organizer.
The identification details of the legal entity which, on behalf of the Organizer, is required to provide the guarantee are indicated in the catalog and website of the Organizer itself and may also be indicated in the booking confirmation of the services requested by the traveler. The procedures for accessing the guarantee and the terms for submitting the application for reimbursement of the amounts paid are indicated on the website of the "Il Salvagente"