GENERAL TERMS AND CONDITIONS OF TRAVEL AGENCIES
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Foreword. Concept of the tour package.
Given that:
A) Legislative Decree n. 111
of 17.3.95 implementation of Directive 90/314/EEC provides for the
protection of the consumer that the organizer and the seller of the package,
the consumer is directed, must be licensed to carry out their administrative
activities (Article
3/1 letter r. lgs. 111/95).
B) the consumer is entitled to receive a copy of the contract for the
package (according to art. 6 of d. Lgs. 111/95), which is essential for any
access to the Guarantee Fund under Article . 18
of these General Terms and Conditions. The
concept of a tourist package (art. 2/1 d. Lgs. 111/95) is as follows: The
packages are subject to travel, holidays and "all inclusive", resulting from
the combination of at least two of the elements
listed below, sold or offered for sale at an inclusive price, and more than
24 hours or for an extended period of time that includes at least one night:
- Transport;
- Accommodation;
- Tourist services not ancillary to transport or accommodation (omitted) ...
that constitute a significant part of the "package".
The contract for the sale of the package, is regulated not only by these general conditions, by the clauses listed in the travel documents handed to the consumer. This contract, whose object is to provide services in the country and abroad, will also be governed by the provisions - as applicable - Law N ° 1084 of 27/12/1977 ratifying and implementing the International Convention on Travel Contracts ( CCV) signed in Brussels on 23/4/1970, and the aforementioned Legislative Decree 111/95.
Information required - data sheet.
The organizer is obliged to carry out the program in the catalog or a catalog sheet. The elements required to be included in the catalog or the technical program are out of print: administrative details of the business organizer; liability of the insurance policy, period of validity of the catalog or program out of print; reference exchange for adjustments currency, or value day.
The extent of the advance, up to a maximum of 25% of the price of the package, due at time of booking or on application and the date by which binding before departure must be paid the balance, resulting from the catalog , pamphlet or other matters. Failure to pay the debt for which the dates set out above constitutes termination clause as to determine, by Sas Travel Herbessus the right resolution.
The price of the package is determined in the contract, with reference to
what is stated in the catalog or program out of print and to any change of
these programs out of print catalogs or subsequently added. It
can be changed up to 20 days before departure and only in consequence of
changes in:
- Transportation costs including the cost of fuel;
- Dues, taxes on certain types of tourist services such as taxes, landing
fees, landing or embarking at ports and airports;
- The exchange rates applied to the package in question. For
these changes we will refer to the exchange rates and the costs set out
above on the date of publication of the program as reported in the data
sheet of the catalog or on the date shown in the updates above. Fluctuations
will affect the price of the package holiday within the percentage specified
in the technical program of the catalog or the catalog.
The consumer may cancel the contract without paying any penalty in the
following cases: - increase the price referred to in art. 6
in excess of 10% - significantly modifies one or more elements of the
contract objectively as being crucial to the enjoyment of the package as a
whole and proposed by Herbessus Travels sas after
the conclusion of the contract but before departure and not accepted by the
consumer. In
the above cases, the consumer has the right to either: - make use of an
alternative tourist package, at no extra cost or with the return of the
overcharge, if the second package has a value lower than the first - the
return of only
part of the price already paid. Refund
must be made within seven working days of receipt of the request for
reimbursement. The
consumer must communicate his decision (to accept the change or withdraw) no
later than two business 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
Herbessus Travels sas is
considered accepted. If
the consumer cancels the contract before the departure outside of the
assumptions listed in the first paragraph will be charged - net of paid-in
art. 5/1
third paragraph - the amount of damages at the rate indicated below (in
addition to the individual cost of management practice):
- 10% of the stake from 29 ° to 20 ° day before the date of departure;
- 25% of the stake from 19 ° to 10 ° day before the date of departure;
- 50% of the stake from 9 to 4 days before the date of departure;
- 80% of the fee from Day 3 at the date of departure;
- No refunds after this date. For
all departures, no refunds will be granted to those who are present at the
start or who decides to terminate the trip or the stay. No
refund will be so to those who could not make the trip due to lack or
inaccuracy of the provided personal documents for expatriation. In
the case of organized groups such amounts will be agreed from time to time
upon signing the contract.
Change or cancel the package prior to departure.
If, before departure, the Travel Herbessus sas communicate
in writing its inability to provide one or more of the services covered by
the package, proposing an alternative solution the consumer may exercise the
right to either regain the amount already paid or to enjoy the offer of a
proposed package was replacing (under 2
nd and 3 rd paragraph of the previous Article 7). The
consumer may exercise the rights mentioned above, even when the cancellation
depends on the failure to reach the minimum number of participants in the
program catalog or out of print, or in cases of force majeure and fortuitous
events, related to the package purchased. For
cancellations other than those caused by force majeure, by accident and
failure to reach the minimum number of participants, including those other
than the lack of acceptance by consumers of alternative tourist package
offered (under the prior art. 7), the
Herbessus Travels sas which
cancels (ex art. a 1469 number 5 of the Civil Code.), the consumer will
return twice what was paid and collected by the organizer, through a travel
agent. The
refunded sum will not exceed double the amount that the consumer would be
liable on that date in accordance with article 7 above,
Paragraph 4 if he had to cancel.
The Travel Herbessus S.A.S. If, following the departure is unable to provide for any reason, except for one fact to the consumer, an essential part of the services included in the contract, will provide alternative solutions, at no extra cost to the contractor and if theservice offered is of lower value than those stipulated repay an amount equal to such difference. If it is not possible to make such arrangements, or the solution offered by the organizer is refused by the customer for serious and justified reasons, the Herbessus Travels sas provide, at no additional charge, a vehicle equivalent to the one originally scheduled to return to the place of departure or at any other agreed place, consistent with the availability of means and places and will refund the consumer the difference between the cost of benefits provided and those actually provided until the early return.
The customer may be substituted by another person provided that: the organizer is informed in writing at least 4 days before the date fixed for the departure, receiving communication of the identity of the transferee, the substitute meets all the conditions for the useservice (ex art. d 10. lgs. 111/95) and in particular the requirements for passports, visas, health certificates, the incumbent shall refund to Herbessus Travels sas all expenses incurred to replace the extent that will be quantified before the sale. The transferor and the transferee are also jointly liable for the payment of the balance due and the amounts referred to in subparagraph c) of this Article. In relation to some types of services, may be that a third party service provider does not accept the change of the name of the transferee, even if within the period referred to in paragraph a). The Travel Herbessus S.A.S. not be responsible for any rejection of the amendment by the third party service providers. This failure will be promptly notified by Herbessus Travels sas interested parties prior to departure.
Participants are required to have passports or other travel documents valid for all countries to be visited, as well as tourist and transit visas and health certificates if required. They must observe the rules of prudence and diligence and to those specifications which apply in countries of destination, all information provided by the organizer, as well as regulations and administrative provisions or laws relating to the package. Participants will be liable for all damages that the organizer may suffer as a result of their failure to fulfill the above obligations. The consumer must provide the organizer with all documents, information and facts in its possession relevant to the exercise of the right of subrogation against third parties responsible for damage and be liable to the organizer of the injury caused to the right of subrogation. The consumer must also inform the organizer in writing, at the time of booking, any special personal requests that may be the subject of specific agreements on the travel arrangements, provided that they are possible to implement.
The official classification of hotels is provided in the catalog or other information material only in accordance with the formal indications of the competent authorities of the country where the service is delivered. In the absence of official classifications recognized by the competent public authorities of the countries members of the EU where the service is provided, the Herbessus Travels sas reserves the right to provide in the catalog or brochure's description of the accommodation, such as to permit an evaluation and subsequent acceptance by the consumer.
The compensation payable by the organizer for personal injury may in no circumstances exceed the compensation for damages provided for by international agreements with respect to benefits the non-fulfillment has given the responsibility: namely the Warsaw Convention of 1929 on international air transport in amended at The Hague in 1955, the Berne Convention (CIV) on the rail, the Brussels Convention of 1970 (CCV) on the travel contract for any theory of liability of the organizer. In any case, the compensation limit may not exceed the amount of "2,000 gold Francs Germinal for property damage" provisions of art. 13 No. 2 CCV and 5000 gold Francs Germinal for any damage and for those set forth in art. 1783 Civil Code.
Any failure in the contract must be challenged by the consumer without delay so that the organizer, his representative or the guide may remedy the situation promptly. Consumers may also file a complaint by sending a registered letter with acknowledgment of receipt, the organizer or retailer, not later than ten working days from the date of return to the place of departure.
Insurance against cancellation charges and return policy.
If not explicitly included in the price, it is possible and advisable, to enter into at the time of booking at the offices of the organizer or retailer's special insurance against costs arising from cancellation of the package, accidents and baggage. You can also enter into a service contract that covers repatriation costs in case of accidents and diseases.
And established at the Directorate General for Tourism of the Ministry of Industry Fund Guarantee which the consumer may apply (under art. Legislative Decree 21. 111/95), in the event of insolvency or bankruptcy of the said seller or the organizer, for the protection of the following requirements: a) refund the price paid; b) repatriation in case of trips abroad The fund shall also provide available funds in case of forced return of tourists from countriesimmigrants at whether or not due to the organizer. The modalities of the Fund are established by decree of President of the Council of Ministers of 23/07/99, no. 349 G.U. No. 249 of 12/10/1999 (Art. 21 of Legislative Decree No. 5. N.111/95).
ADDENDUM - GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE SERVICES
A) Regulatory provisions.
The contract covers the supply of the only transport service, or accommodation or any other separate tourist service, can not be considered as a case in point of organizing a trip or a package, are governed by the provisions of the CCV: art. 1, No. 3 and No. 6, Art.17 to 23; art. 24 to 31, with regard to provisions other than those relating to organization contracts and other agreements specifically related to the sale of a single service contract.
B) Contract Conditions.
These contracts are subject to the following clauses of the general conditions of contract of sale of the above packages: art.4 - section 1, article 5, article 7, article 8, article 9, art. 10 1 st paragraph of art.11, art.15, art.17. The application of these clauses does not determine the configuration of such contracts as apackage. The terminology of the above mentioned clauses relatingto the contract package (trip organizer) can be understood with reference to the corresponding figures of the sales contract foraccommodation services (seller, stay, etc..).
Mandatory reporting - Privacy.
In accordance with the provisions of Law 675/96 on protection ofpersonal data, we inform that:
Share capital € 15,493.70 - C. Register AG on 12/09/1998 -License No. 159766 Agency Directory of Travel and Tourism No.1440 / TUR VII of 10/08/1999