GENERAL TERMS AND CONDITIONS OF PARTICIPATION
1) INTRODUCTION: NOTION OF TRAVEL PACKAGE
Considering that:
a) the organizer and retailer of travel packages, to whom the consumer makes a request,
must be in possession of the administrative authorization in order to carry out their activity;
b) the consumer has the right to receive a copy of the travel package sale contract, an
essential document to get access to the National Guarantee Fund (please see article 21).
The definition of “travel package” is as follows:
“travel packages have as their subject travelling, holidays, “all inclusive” tours, and cruise
tourism which result from the pre-arranged combination, by anyone or anyway carried out, of
at least two of the following elements, which must be sold or offered for sale at a flat rate
price: (a) transport; (b) accommodation; (c) tourism services not pertaining to transport or
accommodation (redacted)… that, for the satisfaction of the recreational needs of the
consumer, constitute a significant part of the “travel package” (art 34 Consumer’s Code).
2) LEGISLATIVE RESOURCES
The sales transaction of tourism packages, with the object of providing services both
nationally as well as abroad, is regulated - until it is repealed under the art. 3 Decree Law No
79, May 23, 2011 (the “Tourism code”) - by Law 27/12/1977 n°1084 by ratification and
fulfillment of International Convention concerning travel contracts (CCV) signed in Brussels on
23.04.1970 - as applicable – as well as the Consumer Code (art. 32-51) and its subsequent
amendments.
3) ADMINISTRATIVE TREATMENT
The organizer and the retailer of the tourism packages, whom the customer refers to, must be
enabled to perform their tasks according with the applicable administrative rules, also
regional.
4) DEFINITIONS
In accordance with this contract the following definitions are used:
a) travel organizer: the party who organizes the combination of elements as per following
art.5 and undertakes in his own name and for a flat-rate consideration to procure travel
packages to third parties, also through a remote communication system, and offering to them
the possibility to autonomously create and buy that combination;
b) retailer: the party who even non-professionally and not-for-profit, sells or commits to
provide travel packages created according to the following art. 5 against a flat-rate
consideration;
c) consumer of a tourist package: purchaser, transferee of a travel package or any person,
also to be nominated, provided that he meets the conditions required to use the service, on
behalf of whom the principal contractor undertakes to purchase a package without
remuneration.
5) INFORMATION FOR THE TOURIST – TECHNICAL DATA
The organiser must insert technical data in the catalogue or in the programme not included in
the catalogue
– also on electronic form or by electronic transmission The obligatory
information to be inserted in the technical data of the catalogue or in the programme not
included in the catalogue includes:
- details of the administrative authorization or, if applicable, the D.I.A. or S.C.I.A. of the
organizer;
- details of the civil liability policy;
- valid period of the catalogue or of the programme not included in the catalogue;
- terms and conditions for traveller replacement (regulated by Art. 39 Cod. Tur.);
- parameters and criteria for the adjustment of the travel price (Art. 40 Cod. Tur.).
The organizer must also insert in the technical data possible further particular conditions.
Moreover, the organizer must inform the passengers of the identity of the effective carrier(s)
when signing the contract, as provided for by the article 11 of Reg. CE 2111/2005.
6) BOOKINGS
The booking requests must be written on specific contract forms, also by electronic system,
they must be filled out in each part and signed by the customer, who will receive a copy. The
booking agreement is only valid, with consequent conclusion of the contract, when the
organizer sends specific confirmation, even by electronic system, to the customer or to the
venging travel agency.
Before the departure, the organizer will provide the indications concerning the tourism
package not contained in contract documents, in the brochures or by other means of written
communication, as provided for by art. 37, comma 2 Cod. Tur.
According to the art. 32, comma 2, Cod. Tur., in case of contracts stipulated at distance or
outside business premises (as defined by artt. 50 and 45 of D. Lgs. 206/2005 respectively),
the organizer reserves the right to communicate in writing the non-existence of the withdrawal
right provided by artt. 64 and ss. of D. Lgs. 206/2005.
7) PAYMENT
The amount of the deposit, up to a maximum of 25% of the price of the package, to be paid at
time of booking or when the firm request is sent and the date by which, before the departure,
the total payment must be done, are defined in the catalogue, brochure or anything else.
Failure to pay the amounts above mentioned by the dates established, is considered a
termination clause that can determine, by the intermediary agency and/ or the organizer, the
legal termination of the contract.
8) PRICE
The price of the tourism package is expressed in Euros and is determined in the contract, with
reference to what is stated in the catalogue or in the programme not included in the
catalogue, and to any updates of these catalogues or programmes not included in the
catalogue subsequently made.
This is VAT included but not inclusive of tourist tax, which may be settled directly at the hotel.
The price can be subject to change within 20 days before the date of departure and only in
consequence to the variation of:
- transport cost, including fuel cost;
- rights and taxes on certain types of tourism services such as: landing tax, disembarkation or
embarkation of passengers in ports or airports;
- changes in currency taxes applied to the package in question.
9) ALTERATION OR CANCELLATION OF THE TRAVEL PACKAGE PRIOR TO DEPARTURE
Before departure, if the organizer or retailer finds that he is required to make significant
alterations to one or more elements of the contract, he shall immediately make written
notification to the consumer, indicating the type of alteration and the resulting price change.
In the case the proposed alteration, as per paragraph 1, is not accepted by the consumer, the
latter can alternatively exercise the right to regain the previously paid sum or that to accept
an alternative travel package pursuant to paragraph 2 and 3 of article 11.
The consumer can exercise the aforementioned rights in the event of cancellation due to
failure to reach the minimum number of participants stated by the Catalogue or by the
Programme added to the Catalogue, or to force majeure and fortuitous events affecting the
purchased tourist package.
For cancellations different from those caused by force majeure, by fortuitous events or by
failure to reach the minimum number of participants, as well as by those different from the
consumer’s non-acceptance of the offered alternative travel package, the organizer who
cancels (Art. 33 letter E Consumer Code) shall return to the consumer an amount equivalent
to the double of the sum that the latter previously paid to the organizer through the travel
agent. The amount to be returned cannot exceed the double of the amount that would be
owed on the same date by the consumer to the organizer, as per art.10 paragraph 4, in the
event he/she cancelled.
10) CONSUMER’S WITHDRAWAL
The consumer may withdraw from the contract without paying any penalty in the following
cases:
-increase of the price exceeding 10%, as per aforementioned art. 8
- important alterations involving one or more elements of the contract, proposed by the
organizer after contract conclusion but prior to departure and not accepted by the consumer,
which might significantly and objectively alter the travel package.
In the above mentioned cases the consumer is entitled to the following alternative rights:
- to take a substitute package at no additional cost, or a package of lower quality with a
refund of the difference in price;
- to have repaid to him/her all the amounts paid by him/her under the contract, by no later
than seven business days from receipt of the request for reimbursement.
The consumer must give notice of his/her decision (to accept the alteration or to withdraw)
within and not later than two business days following the date on which the notice of increase
or alteration is received. The organizer’s offer shall be considered accepted if the consumer
does not reply within the above mentioned deadline.
Consumers who withdraw from the contract before departure in circumstances not mentioned
in the first paragraph, or in the case referred to in art. 7, paragraph 2, must pay – regardless
of the deposit payment as set forth in art.7 , paragraph 1:
- the individual application fees, a penalty for the amount indicated here below, and the
amount due for any insurance coverage requested prior to conclusion of the contract or for
other services previously provided. In case of organized groups, the amount shall be agreed
upon when signing the contract. Consumers who withdraw from the contract before departure
in circumstances not mentioned in the first paragraph must pay – regardless of the deposit
payment as set forth in art.5 , paragraph 1 - the individual application fees, and a penalty in
the following size:
Cancellation from 50 to 31 calendar days prior to departure and including the date of the stay:
50% of the price;
Cancellation from 30 to 11 calendar days prior to departure and including the date of the stay:
75% of the price;
Cancellation within 10 calendar days prior to departure and including the date of the stay:
100% of the price;
In case of cancellations or changes in the travel or in the number of participants to it, where
the trip involves the use of public transport services, hired means of transport, scheduled
flights, low-cost flights, or water transportation, the penalties decided by the carrier shall be
imposed. For all combinations no refund will be granted to the traveller in case of no-show at
the departure or withdrawal during the travel.
11) ALTERATIONS AFTER DEPARTURE
Should the organizer, after the departure, be unable to supply an essential part of the services
listed for whatever reason, except for ones depending on the consumer, he/she must arrange
for alternative solutions, without increase of price for the contracting party and, should the
performances supplied be of lower value compared to those foreseen, refund him/her the
difference.
Should an alternative solution be not possible or should the solution proposed by the organizer
be rejected by the consumer due to serious and justified reasons, the organizer shall supply
him/her, without any price increase, with a means of transport equivalent to the one originally
foreseen for the return to the place of departure or to any different place agreed upon,
according to the carrier’s availability of means and seats, and will refund him/her the
difference between the cost of the foreseen services and that of those supplied up to the
moment of early return.
12) SUBSTITUTIONS
A consumer who decides to withdraw from the contract may ask another person to substitute
him/her on condition that:
a: the organizer is informed in writing at least 4 working days prior to the scheduled departure
date, receiving at the same time information explaining the reasons of the substitution
together with the personal details of the assignee;
b: the assignee meets all the conditions for benefiting from the service (ex art. 89 Consumer
Code), in detail the requirements relating to passport, visa and health certificates;
c: the very same services, or other replacement services, can be provided in case of
substitution;
d: the substitute refunds the organizer for all extra expenses borne to perform the
substitution, which will be communicated to him/her prior to assignment. The assignor and the
assignee are jointly responsible for the payment in full of the amount corresponding to the
price, as well as for the amounts as set forth in letter d) of this article. Further substitution
terms and conditions are stated by the Technical Data.
13) CONSUMERS’ OBLIGATIONS
During the negotiations, and at any rate before the completion of the contract, Italian citizens
are provided with general written information – valid when the catalogue was published –
related to the health obligations and the documents necessary for expatriating. Foreign
citizens must apply for equivalent information through their diplomatic representatives based
in Italy and/or through their official government information channels. In any case, the
consumers shall, prior to departure, ensure such information is valid with an enquiry
addressed to the relative enforcement bodies (for Italian citizens the local Police Headquarters
or the Department of Foreign Affairs – website: www.viaggiaresicuri.it – Call Centre tel. no.
06.491115), acknowledging any change prior to the trip. The organizer or the retailer shall not
be liable for failed departure of one or more consumers in case that such check is not
performed.
The consumers must inform the organizer and the retailer about their citizenship and, on
departure, finally check that they are carrying their vaccination certificates, their own passport
and any other document valid in all the Countries included in the itinerary, as well as the stay
and transit visas, and any required health certificates. In addition, in order to assess the
degree of the health conditions and the level of safety of the Countries of destination, and
hence the objective usability of the services already purchased or to be purchased, the
consumer shall (using the sources of information listed in paragraph 2) refer to the
Department of Foreign Affairs for general official information stating whether the destinations
are formally currently unadvisable. The consumers shall also comply with the rules of common
sense and due diligence, as well as with the specific rules currently in force in the countries
destination of the trip, with all the information supplied by the organizer and with the
administrative and legislative regulations and provisions pertaining to the travel package. The
consumers are liable for all the damages which may affect the organizer and/or the retailer,
also due to non-compliance with the above mentioned obligations.
The consumer shall supply the organizer with all the documents, information and elements in
his/her possession useful for enabling the latter to exercise the right of subrogation against
third parties, responsible of the damage, and will be held responsible towards the organizer for
being detrimental to the right of subrogation. At the moment of booking the consumer shall
also inform the organizer about any specific request which might be object of special
agreements involving the terms of the trip, on condition they are feasible. The consumer shall
always inform the retailer and the organizer about any personal specific requirement or
condition (pregnancy, food intolerance, disability, etc…) and clearly specify his/her request for
relative customized services.
14) HOTEL CLASSIFICATION
The official classification of the hotels is listed in the catalogue or in other literature only on
the basis of the specific and formal indication supplied by the enforcement bodies of the
countries in which the service is provided.
In case that no official classification is recognized by the public enforcement bodies of the
countries, even if members of the E.U., to which the service refers, the organizer reserves the
right to include a personal description of the facility in the catalogue or leaflet, in order to
allow the consumer to assess, and consequently accept, the same.
15) RESPONSIBILITY
The organizer is held responsible for any damage caused to the consumer in case of total or
partial non-fulfillment to supply services due by contract, both if the services should be
rendered personally or by third service suppliers, unless he/she is able to prove that the event
resulted from a fact ascribable to the consumer (including initiatives the latter might
undertake during the performance of the tourist services), to circumstances beyond the
services foreseen by the contract, fortuitous events, force majeure, or to circumstances that
the organizer could not, despite his/her professional capacities, reasonably foresee or solve.
The retailer who made the reservation for the tourist package is in no case liable for
obligations arising from the organization of the trip but is exclusively responsible for
obligations arising from his/her role as an intermediary, hence within the limits of
responsibility foreseen by the current laws regulating such subject.
16) LIMITS OF INDEMNITY
The indemnities according to articles 44, 45 and 47 of the Tourism Code and relative terms of
prescription are governed by the limits stated in it, other than the limits provided for by the
International Conventions on Travel Contract that rule the services which form part of the
travel package, as well as by articles 1783 and 1784 of the Civil Code.
17) OBLIGATION OF ASSISTANCE
The organizer must provide the consumer with the degree of assistance imposed by the
principle of professional capacity exclusively for the obligations set forth in the law provisions
or the contract.
The organizer and the retailer are exempted from their respective responsibilities (articles 16
and 17 of these General Conditions) when non-fulfillment, or partial fulfillment of the contract,
is imputable to the consumer or depends on facts of unpredictable or unavoidable nature
ascribable to a third party, on a fortuitous event or on force majeure.
18) CLAIMS AND COMPLAINTS
Any non-compliance in performing the contract – under penalty of cancellation - shall be
promptly contested by the consumer by submitting a claim during the travel – also considering
the aims included in the article 1227 of the Civil Code - to enable the organizer, or his/her
local representative or accompanying person, to rapidly solve the matter. Breach of contract
can be contested only in the case the aforementioned procedure is fulfilled. Moreover, the
consumer must – under penalty of cancellation – submit a claim by registered mail, with
return receipt, or other means that guarantees the proof of reception, to be sent to the
organizer or the retailer, within and not later than ten working days following the date of
return to the place of departure.
19) CANCELLATION AND REPATRIATION EXPENSES INSURANCE
If not specifically included in the price, it is possible, and even advisable, to stipulate at the
moment of booking at the office of the organizer or of the retailer, a special insurance
covering expenses arising from package cancellation, injuries and luggage. It is also possible
to stipulate an assistance contract covering repatriation expenses in case of accident, illness,
fortuitous or force majeure events.
The rights borne by the insurance agreements can be implemented by the Consumer
exclusively against the signing Insurance Companies, at the conditions and under the rules
included in such policies.
20) ALTERNATIVE INSTRUMENTS TO SOLVE COMPLAINTS
Pursuant to and with the effects as per article 67 Tourism Code, the organizer may offer to the
consumer - in his/her website or by other means - alternative instruments to solve complaints.
In such case, the organizer shall indicate the type of alternative solution proposed and any
effects which it may cause.
21) GUARANTEE FUND (art. 51 Tourism Code)
The National Guarantee Fund (art. 100 Consumer Code) established for safeguarding contract
holders, provides, in the event of insolvency or of bankruptcy declared by the retailer or the
organizer, for the following requirements:
a) refund of the price paid
b) repatriation in case of trips abroad
Furthermore, the Fund must promptly provide tourists with financial funds in the event of
forced return from non-EC countries, due to emergencies which may be ascribable, or not, to
the behavior of the organizer.
The conditions of intervention of the Fund are set forth in Prime Ministerial Decree no.349 of
23/07/99, and the reimbursement requests to the Fund are not subject to any forfeiture.
The Organizer concurs to feed such Fund in the measure established by section 2 of the
above-mentioned art.100 Cons. Code by paying the necessary insurance premium that he is
obliged to sign, a share of which is paid to the Fund with the modalities provided for by art. 6
of MD 349/99.
ANNEX
GENERAL TERMS AND CONDITIONS FOR THE SALE OF SINGLE TOURIST SERVICES
A) LEGAL PROVISIONS
Contracts covering the supply of the only transport service, the stay or any other separate
tourist service, not being able to present itself as a negotiated case of organization of a travel
or a tourist package, are governed by the following provisions of the CCV: article No. 1, No. 3
and No. 6; articles from 17 to 23; articles from 24 to 31 with regard to provisions different
from those relating to the contract of organization as well as from other agreements
specifically related to the sale of a single service which is the subject of the contract. The
retailer who provides third parties with separate tourist services, even electronically, shall
issue to the consumer the documents related to this service, which must include the amount
paid for the service, and by no means can be considered travel organizer.
B) CONDITIONS OF CONTRACT
These contracts are also subject to the following clauses of the general conditions of contract
for the sale of packages above mentioned: art. 6 1 first paragraph, Art. 5, Art. 7, article 8,
article 9, art. 10 1 first paragraph, Art. 11, art. 15, art. 17. The application of these clauses
does not determine the configuration of the contracts as a case of a travel package. The
terminology of those clauses relating to the travel package contract (organizer, travel, etc..) is
therefore understood with reference to the corresponding figures of the agreement for the sale
of each separate tourist service (seller, stay, etc).
LIABILITY OF THE AIR CARRIERS
For the EU air carriers and those belonging to the countries who signed the 1999 Montreal
Convention, there are no financial limits to the liability for damage sustained in case of death
or personal bodily injury of a passenger.
For damages that exceed 100,000 SDRs (equal to about EUR 120,000.00), the air carrier can
contest claims for compensation only by proving that it was not negligent or otherwise at fault.
In case of passenger delay, the carrier’s liability is limited to a maximum of 4,150 SDRs
(approximately EUR 5,000).
The air carrier is liable for destruction, loss, delay or damage to baggage up to 1,000 SDRs
(approximately EUR 1,200). A passenger can benefit from a higher liability limit by making a
special declaration at the latest at check-in and by paying a supplementary fee.
The air carriers who did not sign the Montreal Convention may apply different liability regimes
than that above mentioned. In any case, the liability of the tour operator towards the
passenger is governed by the Consumer’s Code.
PARTICULAR CONDITIONS FOR THE CONTRACT OF SALE OF THE “2014 GAZZETTA
SUMMER CAMP” PROJECT.
A. Bookings and payments
As per General Terms and Conditions and instructions included in this catalogue
B. Dates and period of validity of the catalogue
From 12th June to 6 September 2014
C. Flights for the Camps abroad
The air transport is provided by scheduled flights or low-cost flights from the indicated place
only for the abroad camps, of which you will find specific description.
D. Specific requirements and amendments
Everything possible will be done in order to meet all the requirements. In case of specific
request or amendment made after the booking, it shall be communicated in writing.
E. Withdrawal
The withdrawal right shall only be exercised in writing (by hand, by registered express mail, or
telegram) before the beginning of the course. No verbal communication will be taken into
consideration. The withdrawal right is considered exercised when we receive notice of that.
The only valid proof is the date of the postmark of arrival or the stamp at the reception of the
communication delivered by hand.
F. Responsabilità.
I genitori dei minorenni devono fornire un recapito presso il quale siano sempre reperibili
durante tutto il viaggio del minore, per poter essere interpellati ove necessitasse una loro
decisione urgente. In caso di irreperibilità, le decisioni dell’Organizzatore dovranno ritenersi
valide agli effetti di legge riconoscendosi anche gli eventuali esborsi effettuati in forza di tali
decisioni.
F. Liability
The parents of the under aged participants shall provide an address where they are always
contactable during the whole travel of the minors, in order to be called in case of need of their
urgent intervention. In case the parents cannot be found, the Organizer’s decisions shall be
considered legally valid, and it will be recognized the possible expenses caused by this
decisions.
G. Behaviour.
All the participants will have to behave properly and follow the rules of the place that will host
them. We reserve the right to terminate the contract in case that the participant does not
follow the behaviour guidelines and consequently dismiss him/her from the reminder of the
camp, without any obligation from our part to organize and pay the return transport.
The parents of under-aged participants, in case of expulsion for disciplinary reasons,
shall go immediately and to their expense, to the summer camp location and take
their child/ren home. Moreover, no reimbursement will be granted for the remainder
services not enjoyed.
Obligatory communication in compliance with Art. 16, Law 269/98:
Italian law punishes offences involving prostitution or juvenile pornography with imprisonment
even if committed abroad.
TECHNICAL DATA
• Catalogue valid from 12th June to 6th September, 2014
• Technical Organization: Sport&School S.r.l. Travel Agency and Tour Operator
• Registered and operational office: Via Latisana 35c – 33054 Lignano Sabbiadoro (UD) tel.
+39 043170589
• Regional Authorization n° 2586/Tur of 04.09.2007 issued by Friuli Venezia-Giulia Region
• Insurance Policy n° 4.3077753, Lyoyd Italico Insurance Company.
• The tariffs are calculated according to the currency exchange, service costs, transport, taxes
valid at 29th October 2014.