PREAMBLE AND DEFINITION OF PACKAGE TOUR:
Legislative decree (LD) N°111 of 17.3.95 implementing Directive 90/314/EC
Package tours regard trips, holidays and all inclusive circuits resulting from the pre-arranged combination of at least two of the elements listed below, sold or offered for sale at a lump sum and of a duration greater than 24 hours, that is to say, extending over a period that includes at least one night: transport, accommodation, tourist services not accessory to transport or accommodation (ceteris omissis) … which constitute a significant part of the ‘package tour’.
The package tour sales-purchase contract is governed not only by these general conditions but also by the clauses indicated in the travel documentation presented to the consumer. The said contract, whether it should concern services supplied on national territory or abroad, shall be governed by Law N° 1084 of 27/12/1977, ratifying and implementing the International Convention on travel contracts (CCV) signed in Brussels, 23.4.1970, as well as by the aforementioned LD 111/95.
The booking application must be drawn up on a special contract form and must be completed fully and signed by the customer. Acceptance of the booking, depending on the availability, shall be considered complete, with consequent implementation of the contract, only when the organiser sends written confirmation to the customer. The organiser and seller of the package tour must be in possession of administrative authorisation to perform their activities and can present a copy of the sales contract (in accordance with Art.6 of LD 111/95) to the customer. Information regarding the package tour that are not contained in the documents of the contract, in booklets or in other forms of written communication, shall be supplied by the organiser, in good time prior to the start of the trip, in accordance with the organiser’s obligations provided for in LD 111/05.
The deposit, to be paid on booking, is 30% of the total package tour price. The remainder must be paid at least 30 days before the start of the trip. Failure to pay the aforementioned amounts by their deadline dates constitutes an expressed cancellation clause, so the intermediary agency and/or the organiser may legally cancel the contract.
MODIFYING THE PACKAGE TOUR:
The price of the package tour may be changed no later than 20 days prior to departure and only as a result of variations in:
– transport costs, including fuel costs;
– dues and taxes on certain types of tourist services, such as duty, landing taxes and embarkation or disembarkation taxes in seaports or airports;
– exchange rates as applied to the package in question at the date of publication of the programme.
The consumer, who is informed about a modification of an essential element of the contract or of an increase greater than 10% on the price of the package, may withdraw from the contract without paying penalties. Otherwise, the consumer has the right to accept the changes that will become part of the contract with the exact details of the variations and the changes of price. The consumer must communicate his decision within two working days from the receipt of the advice of increase or modification. Failure to carry out this express communication within the above deadline shall result on the organiser’s proposal being understood as accepted.
If, after departure, the organiser should find it for any reason impossible to supply an essential part of the services contemplated in the contract, he must offer alternative solutions without price supplements for the consumer and where these alternatives are of a lesser value that those envisaged, he must reimburse the difference. Should no alternative solution be possible, or should the solution offered by the organiser be refused by the consumer for serious and justified reasons, the organiser shall supply, with no price increase, a means of transport equivalent to the original one envisaged for the return to the point of departure or to any other agreed place.
The organiser is liable only within the limits of being able to satisfy the consumer should any changes be made by the consumer after the booking has been accepted. In this case, the expenses of these changes shall be the responsibility of the consumer.
WITHDRAWAL OF THE CONSUMER:
The consumer may withdraw from the contract without paying penalties, only if there is a significant modification of an essential element as per Art 5, N°3, in which case the consumer has the right to accept an alternative package tour or with reimbursement of the part of the price already paid at the moment of the withdrawal. The second package tour must not cost less than the first. If the organiser is not able to propose a package tour with a price that is the same or superior, then the consumer has the right to a reimbursement of the difference. Should the consumer withdraw from the contract for reasons differing from those envisaged in the previous paragraphs of the present Article, he will be charged the amount of the deposit as well as the amount not greater than those published in the catalogue. In the case of organised groups, the above amount shall be agreed with every individual contract.
In case of withdrawal from the travel contract, the traveler is required to pay in addition to the quot of the practical opening and the cancellation penalty for the trip, as follows:
30% of the total amount from the day of the written confirmation of Bruno Viaggi e Turismo up to 31 days before the arrival day
50% of the total amount from 31 to 15 days before the arrival day
75% of the total amount from 15 to 10 days before the arrival day
100% of the total amount if canceled later than 10 days before the arrival day
The last one also applies if the customer interrupts the already started vacation.
The customer may have himself replaced by another person so long as:
– the organiser is informed in writing within 4 working days prior to the departure date, also receiving at the same time the personal details of the replacement;
– the replacement satisfies all the conditions for access to the service and in particular the requisites concerning passport, visas and health certificates;
– the substitute shall pay the organiser all expenses for the replacement to the extent that these are quantified prior to the transfer, at the moment of communication of the replacement. The customer being replaced is however, responsible for the payment of the deposit. The transferor and the transferee are moreover jointly responsible for the payment of the full price as well as the sums as per letter c) of this article.
CANCELLATION OF THE SERVICE:
Prior to departure, should the organiser communicate the impossibility of supplying the services included in the package tour, the consumer may exercise his rights in accordance with the Art. 6, 1st and 2nd sub paragraphs. The organiser may cancel the contract when he fails to reach the minimum number of participants foreseen as long as the customer is informed within the time limit prior to the departure of the service, as indicated by the organiser. In this case, according to the aforementioned article, the organiser will reimburse the sum paid within seven working days of the moment of the cancellation, excluding any further reimbursement.
Participants must possess an individual passport or other document valid for all the countries of the itinerary as well as visas and transit visas and any health certificates required. They must also observe the rules of normal diligence and prudence and any specific regulations prevailing in the countries visited, as well as the information supplied by the organiser and the administrative or legislative regulations regarding the package tour. Participants shall be responsible for any damage suffered by the organiser as a result of their failure to fulfil the above obligations. The consumer must supply the organiser with all documents, information and elements in his possession that may be useful for exercising the latter’s right to substitution with regard to third parties responsible for damage and the consumer is liable with regard to the organiser for prejudice cased with regard to the right of substitution. The consumer shall also communicate in writing to the organiser at the moment of booking, any special personal requests that may be the subject of specific agreements regarding the methods of the trip, as long as the implementation of these is possible.
In the absence of official classification recognised by the Competent Public Authorities of the countries concerned, including UE member countries, the organiser reserves the right to supply his own description of the quality standards of the accommodation.
The organiser shall be responsible for damages caused to the consumer due to total or partial default regarding the contractual services, whether these be carried out by the organiser personally or by third parties providing the services, unless it is proven that the event derived from the consumer himself (including initiatives independently undertaken by the latter in the course of implementation of the tourist services) or from circumstances extraneous to the supply of the contractual services, from unavoidable accident or circumstances beyond one’s control, that is to say, from circumstances which the organiser could not, with reasonable professional diligence, foresee or resolve.
LIMITS OF DAMAGES CLAIMS:
Payments from damages due from the organiser shall in no case exceed the indemnity foreseen by international conventions with regard to services where default has determined liability: more precisely, the Warsaw Convention of 1929 on international air transport in the text modified at The Hague in 1955; the Berne Convention (CIV) on rail transport; the Paris Convention on hoteliers’ responsibility, in the text from art. 1783; the Brussels Convention of 1970 (CVV) on travel contracts regarding organiser liability. In no case can damage claims exceed “5.000 gold Francs for any other kind of damage”, envisaged by the art. 13, n° 2 CVV. Whenever the original text of the said conventions should undergo amendments, or new international conventions concerning the control of package tours should come into force, the new limits of damage claims will be applied in accordance with the laws in force at the moment of the event.
OBLIGATION TO ASSISTANCE:
The organiser is obliged to supply the consumer with the degree of assistance imposed by the criterion of professional diligence exclusively with reference to the former’s obligations in accordance with the law and the contract. The organiser is not liable to the consumer for default on the part of the seller.
COMPLAINTS AND REPORTS:
The consumer must report any failure in execution of the contract without delay so that the organiser might remedy the situation promptly. The consumer may also complain in writing to the organiser within 10 working days following return to the point of departure. When these complaints are presented on the spot, the organiser must supply the consumer with the required assistance in accordance with art. 13, to find a satisfactory solution.
INSURANCE AGAINST COSTS OF CANCELLATION AND REPATRIATION:
If not expressly included in the price, prior to departure, it is possible and indeed advisable to take out special insurance policies at the organiser’s or the seller’s offices against costs deriving from cancellation of the package, accidents and lost luggage. An assistance package may also be signed to cover repatriation costs in case of accident or illness.
At the Presidency of the Council of Ministers, a national Guarantee Fund has been established whereby the consumer can apply (in accordance with Art. 21, LD 111/95) to safeguard the following rights should the seller or organiser declare insolvency or bankruptcy:
– reimbursement of the price paid;
– repatriation in the case of trips abroad.
The fund must, moreover, supply immediate economic assistance should tourists be forced to return from non-Community countries due to emergencies, irrespective of whether these are imputable to the organiser. The Fund’s methods of intervention were established decrees of the President of the Council of Ministers, in accordance with art. 21, n°5 D. L. N° 111/95 and with D.L. n. 349 of 23.07.99.
The organising company has signed an insurance policy for Civil Responsibility n° 557°0190 with the Zurigo Insurance Company S.p.A. to cover risks deriving from participation in trips or stays, including the fulfilment of obligations towards the user of the services, observing all the rules of the International Convention relating to travel contracts (CVV), in accordance with the law n°1084 of 27/12/77, as well as the DL 90/314/EU of 13/06/90, concerning the circuit of ‘all inclusive’ (in conformity with the L.R. Tuscany n°16 of 08/02/94, art. 13). The guarantee of Civil Liability has the following maximum insurable sums for capital, interest and expenses:
– Euro 1.550.000 for every accident with a limit of euro 516.457 for each person injured or deceased, with an unlimited number of entitled parties:
– Euro 516.456 to each person for damage to property or animals.
PLACE OF JURISDICTION – ARBRITATION CLAUSE:
For any controversy arising from the present contract, it will be exclusively the competence of the legal or administrative offices of the organiser. By common agreement, it could be foreseen that the controversies arising from the application or interpretation or execution of the contract, might be referred to a decision made by a board of arbitrators formed by each of the parts in deliberation plus one who shall be presiding, named by the foresaid arbitrators or, failing that, the President of the court used by the Organiser.
ADDENDUM – general sales contract conditions for individual tourism services
a) Regulatory provisions – contracts dealing with only the service of transport or accommodation or any other separate tourist service cannot be considered, as with the contract described herein, as organisation of a trip or a package tour but are governed by the following provisions of the CVV; Art. 1, N° 3 and N°6; Arts. 24 to 31 with regard to provisions different from those relating to the organisation contract.
b) Contract conditions – further applicable to these contracts are the following clauses of the package tour sales contract general conditions shown above: Art. 3, 1st sub-para.; Art. 4; Art. 7; Art. 9, 1st sub-para.; Art. 15; Art. 17. Application of the said clauses in no way means that the related contracts may be considered, like the present one, as an organised trip of stay or as a package tour. The terminology of the aforementioned clauses relating to package tours (organiser, trip, etc.) should therefore be understood with reference to the corresponding figures of the sales contract for individual tourism services (seller, trip, etc.).
c) Withdrawal of the consumer – a Consumer who withdraws from the contract for any reason not imputable to the seller shall be charged the sums envisaged in art. 7.
Technical organisation: Agenzia Bruno Viaggi e Turismo di Magi Fabio,
Corso di Procchio 3 – 57030 Procchio (Marciana) – LI.
The contract is submitted, in spite of any contrary clauses, to the disposition of the Administrative Authority in accordance with art. 3 of the Tuscan Regional Law, 16/94 (C.C.V.) and of the DL 90/314/EU concerning trips, holidays and the circuits ‘all inclusive’.
LEASE OF PRIVATE APARTMENTS
Conditions of lease for tourist purposes attached to the contract of tourist services and package tours (art.1, sub para 2, lett.c) law n° 431 of 9 December, 1998.
Herewith, the Agenzia di Viaggi Bruno Viaggi e Turismo, represented by Mr Fabio Magi, subsequently named as the lessor, having received permission from the owner to lease the property in the said location and with the features described in the Sales Contract for Package Tours/Tourist Services of which this present document is an integral part, grants the lease to the contractor who shall accept, for himself and for his use, the real estate. The lease shall be regulated by the following terms:
– The contract shall be stipulated for the agreed period and only for the said period.
– The accommodation shall be assigned for the sole use of civil habitation and shall be used only for tourist purposes.
– The tenant shall not sub-rent the accommodation either in whole or in part. The penalty is the annulment of the rights of the contract.
– The amount of the rent is agreed having previously taken into consideration the conditions of the accommodation, its description and its position.
– Payment shall be made with a deposit and the balance within the terms agreed in the Contract and conditions of lease.
– The tenant shall agree to give access to the accommodation to the lessor or his administrators where there is good reason.
– The tenant declares that he accepts the responsibility to all effects of the accommodation from the moment of receiving access to it. The tenant shall return the accommodation at the end of the period of use in the same condition as he found it, the penalty being compensation for the damages. The tenant is also obliged to respect all the rules and regulations of the accommodation and shall in no way disturb other occupiers.
– The tenant shall not make any type of modification or addition to the location in his tenancy, nor to any of the existing installations, without the written permission of the lessor.