General Conditions  
 

 

1. INTRODUCTION. NOTION OF TOURIST PACKAGE 

Considering that:  a) the operator and vendor of tourist packages, to whom the consumer makes a request, must be in possession of the administrative authorisation in order to carry out their activity. b) the consumer has the right to receive a copy of the sales of tourist package contract (under article 85 of the Consumer’s Code) an indispensable document to receive National Guarantee Fund. The definition of tourist package (article 84 Consumer’s Code) is as follows: tourist packages mean travel, holidays and “all inclusive” with the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes at least one overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation (omissis) ... and accounting for a significant proportion of the “tourist package”.  

2. LEGISLATIVE SOURCES

The purchase of a tourist package, either with services offered on national territory or abroad will be governed by the Italian Law 27/12/1977 n°1084 in ratification and implementation of the International Convention on Travel Contracts (CCV) regarding travel contracts signed in Brussels on 23.04.1970 and also by Consumer’s Code.  

3. OBLIGATORY INFORMATION – TECHNICAL BRIEF

The operator is obliged to provide either within the catalogue or separately to it a technical brief. The details that must be included in the technical brief within the catalogue or separately to it are:  - details regarding the operator’s administrative authorisation; - details regarding the operator’s civil responsibility insurance policy; - period of validity of the catalogue or programmes separate to the catalogue or made to measure travel; - methods and conditions for transferral (Art.89 of Consumer’s Code); - exchange rate used in the case of currency adjustments, days or value.  

4. BOOKINGS

Reservation requests must be made on the appropriate contractual form, if electronic, filled in entirely and signed by the client, who will receive a copy.  Acceptance for the booking will be complete, with subsequent conclusion of the contract, only once the operator has sent confirmation, even by telematic means, to the client via the travel agency. Indications regarding the package that are not contained in the contractual documents, brochures or in other written means, will be provided in good time before the start of the journey by the operator in accordance with his obligations under art, 87 comma 2 of the Consumer’s Code.  

5. PAYMENT

A deposit of 25% of the price of the tourist package is to be paid at the moment of booking. The deposit must be done no less than 30 days preceding the intended departure date. In case of reservation after the above mentioned date the payment will be in its total in the act of reserving the package.  Failure to pay the sums indicated above by the established date constitutes an express termination clause such as to determine rightful termination by the intermediary agency and/or the operator.  

6. PRICE

The price of the tourist package is determined in the contract, and refers to the price indicated in the catalogue or in the separate programmes which have been added subsequently. The contract provides that price revisions can be made up to 20 days before the established departure date and solely to allow for variations in: - transportation costs, including the cost of fuel; - dues, taxes or fees chargeable for certain tourist services such as landing taxes or embarkation or disembarkation fees at ports and airports;  - the exchange rates applied to the package in question. For these variations reference will be made to the exchange rate and costs mentioned above in effect on the date of publication of the programme as printed in the technical brief of the catalogue or on the date mentioned in the above mentioned adjustments.  

7. ALTERATIONS OR CANCELLATION OF A TOURIST PACKAGE BEFORE DEPARTURE

Before the departure the operator or vendor who is forced to make significant alterations to one or more elements of the contract must give immediate notification in writing to the consumer indicating the type of alteration and the consequent variation in price. If the alteration proposal is not accepted under comma 1, the consumer can reserve the right to reclaim the amount already paid or receive an alternative tourist package in accordance with commas 2 and 3 of article 8. The consumer maintains the above rights also when cancellation is due to insufficient number of participants required as stated in the Catalogue or in the separate programme, or due to force majeure and accidental cause, regarding the tourist package purchased. For cancellations which are not caused by force majeure or accidental cause or by insufficient number of participants, or reasons which are different from those of the non acceptance by the consumer of the alternative tourist package offered, the operator who cancels (art. 33 letter e Consumer’s Code) will reimburse the consumer double what was paid to and received by the operator, via the travel agent. The amount to be reimbursed can never be more than double the amount of which the consumer at that same date owes according to art. 8, comma 4 in the case it is he who cancels.  

8. WITHDRAWAL BY CONSUMER

The consumer may withdraw from the contract, without penalty only in the following cases: - increase in the price as mentioned in art. 6 greater than 10%;  - significant changes of one or more of the elements of the contract which are objectively considered fundamental to the fruition of the tourist package either proposed after conclusion of the contract but before departure and not accepted by the consumer. In the above cases the consumer has the right to alternatively:  - receive an alternative tourist package, without paying a supplement with the reimbursement of excess cost, in the case that the second package has an inferior value to the first;  - reimbursement of only the sums already paid. Such reimbursement must be carried out within seven working days from the receipt of the reimbursement request. The consumer must communicate his decision (of acceptance of the alteration or of withdrawal) within and not after two working days from the moment he receives notice of the increase or alteration. If no communication is made within these limits, the proposal formulated by the operator is accepted. Expenses will be incurred to the consumer who withdraws from the contract before departure for reasons other than those listed in comma 1 - independently from the payment of a deposit as in art.5 comma 1 - the individual cost of organisation and the penalty in the amount indicated in the technical brief of the catalogue or of the separate programme or made to measure travel In the case of pre-formed groups these amounts will be agreed on a case by case basis at the moment of the signing of the contract.

 

CANCELLATION FEES

If the customer withdraws from the contract he is anyway obliged to pay the registration fee which is € 35 per person. A declaration of withdrawal must be made in writing within the deadline of one working day prior to the booked departure date: a) withdrawal until 31 days preceding the departure date: 20% of the total amount b) withdrawal from 30 until 21 days preceding the departure date: 25% of the total amount c) withdrawal from 20 until 15 days preceding the departure date: 50% of the total amount d) withdrawal from 14 until 8 days preceding the departure date: 70% of the total amount: e) withdrawal from 7 until 1 day preceding the departure date: 95% of the total amount and no-show: 100%.  The same amounts apply to the customer, even if the missed departure is due to the lack or imprecision of the necessary personal documents. No refund is due to whom does not show up at the place of accommodation or in the case of cancellation during the the program stay.

ALTERATION OF THE BOOKING In case in which the customer asks for any kind of alteration of the already booked tourist package, he is obliged to pay the registration fee which is € 35 per person. A reduction in participans will be considered  a cancellation and therefore subject to the cancellation fees as mentioned above. The operator is not obliged to fulfil any customer's alteration request of an already booked tourist package if he is not able to meet the customer's requirements.   

9. ALTERATIONS AFTER DEPARTURE

After departure, should the operator find himself in a position of not being able to offer, for whatever reason, except for a personal reason of the consumer, an essential part of the services included in the contract, he must offer alternative solutions, without additional cost to the price paid by the consumer and in the case that the services offered are of a lower value than those foreseen, must be reimbursed exactly for the difference. In the case that no alternative solution is possible, or rather the solution of the operator is refused by the consumer for justifiable serious reasons, the operator will at no extra cost, provide the consumer with equivalent transport back to the place of departure or to another pre-agreed place. Depending on availability of the means and places available and will compensate the consumer for the difference between the services to be supplied under the contract and those supplied to the moment of the early return.  

10. TRANSFER OF BOOKINGS

The consumer who withdraws may transfer his booking to another person upon condition that:  a) the operator has been informed in writing at least 4 working days before the established departure date and also at the same time receives communication regarding all the details of the transferee;  b) the transferee satisfies all the conditions to benefit from the service (ex. Article 89 Consumer’s Code) and in particular with requisites regarding passports, visas and medical certificates;  c) the transferee must reimburse the operator any extra costs that he may incur in order to proceed with the transferral. The amount will be quantified prior to the transferral. The transferor and the transferee shall be jointly and severally liable for the payment of the price of the package and also to the amounts in point c) of the present article.   

11. OBBLIGATIONS FOR THE PARTICIPANTS

The participants must be in possession of a personal passport or some other document valid for travel in the countries to be visited, as well as any tourist and transit visas and health certification that might be required. They must also respect the normal rules of prudence and diligence, all information provided to them by the operator and also any regulations and administrative or legislative requirements regarding their travel and tourist package. The participants will be liable for all and any damages that may be incurred by the holiday operator that may be caused by their failure to respect the above conditions. Travellers must provide the operator with all documents, information and other elements in their possession required for the exercise of operator’s right of subrogation with regard to third parties responsible for damages. The traveller is liable towards the operator for any compromise to the right of subrogation. The consumer must also inform the operator in writing, at the moment of booking, of any special personal requests that may be the subject of specific agreements on details of the holiday, as long as these requests are possible to implement  

12. HOTEL CLASSIFICATION

The official category of hotels is described in the catalogue or with alternative informative material only on the basis of explicit and formal indications by the competent authorities in the country where the service is provided. In the absence of official recognised classification of the competent Public Authorities of the countries, even if members of the EU, the operator reserves the right to their own description in the catalogue or brochure of the structure in order to permit an evaluation and subsequent acceptance of it from the consumer.  

13. REGIME OF RESPONSIBILITY

The operator is responsible for damage caused to the consumer by the total or partial breach of contractual services owed, whether they are offered by him or by third party suppliers of services, unless proof can be given that the event derived from the consumer (also including initiatives carried out by him in the course of duty in offering tourist services) or by external circumstances in supplying contractual services, accidental cause, force majeure, or from circumstances that the operator could not, professionally or realistically foresee or resolve. The vendor where the booking for the tourist package was made is not held responsible under any circumstances for obligations that arise from the organisation of the journey, but is responsible exclusively for the obligations that arise from the quality of mediation and therefore in the limits for such responsibility in respect of the legal obligations in force.  

14. LIMITS FOR COMPENSATION

Compensation for damages to a person cannot in any event be superior to the limits regulated by international conventions to which Italy and European Union take part regarding the breach of services. In any case the compensation limit cannot exceed 50.0000 Germinal Gold Francs for damage to people, 2.000 Germinal Gold Francs for damage to things, 5.000 Germinal Gold Francs for any other damage (article 13 n°2 CCV)  

15. OBBLIGATION FOR ASSISTANCE

The operator must give assistance to the consumer with professional diligence and exclusively with reference to the obligations cited both by law and by contract. The operator and the vendor are exonerated from each others responsibility (articles 13 and 14 of these General Conditions) when the contract cannot be carried out in part or completely due to the consumer or is due to an unforeseeable or inevitable action by a third party, or rather fortuitous or by force majeure.  

16. COMPLAINTS AND REPORTS

Any failure in the enforcement of the contract must be contested by the consumer without delay so that the operator, his local representative or assistant can rectify the situation as quickly as possible. The consumer must - on penalty of loss of any right to claims – make a written complaint by registered letter, with receipt of delivery, to the operator or the vendor no later than 10 working days after the date of return to the original place of departure.  

17. NATIONAL GUARANTEE FUND

The Presidency of the Council of Ministers has constituted a National Guarantee Fund to which consumers may apply (under the terms of Art. 100 of the Consumers’ Code) in the case of insolvency or bankruptcy of vendors or operators, for the protection of the following rights: a) reimbursement of price paid;  b) repatriation in case of holidays abroad. The fund must also ensure immediate availability of economic assistance in the case of obligatory return of holiday makers from non-European Union countries due to emergencies ascribable or otherwise to the conduct of the operator. The details of the use of the fund are governed by Decree of the President of the Council of Ministers dated 23 July 1999. no. 349 G.U.n° 249 dated 12/10/1999.  

ADDENDUM GENERAL CONDITIONS FOR CONTRACTS - SALE OF SINGLE TOURIST SERVICES

A) LEGISLATION

Contracts regarding the sale of single services (accommodation, transport, any separate tourist service) and those therefore that do not regard a tourist package, are governed by Travel Contracts CCV art. 1, 3 and 6, arts. 17 to 23 and arts. 24 to 31 with the exclusion of references regarding contracts for organised travel or from other specific stipulations referring to the sale of single services in the contract.

B) CONDITIONS OF CONTRACT

The following clauses or conditions of the general contractual conditions can be applied to these above mentioned contracts art. 4 comma 1; art. 5; art. 7; arts.8 and 9; art 10 comma 1; art. 11; art. 15 and art. 17. The application of these clauses renders these contracts absolutely and without question those of a tourist package. The terms used in said clauses regarding contract for tourist packages (operator, travel etc) must be considered in reference to corresponding figures in single tourist service contracts (vendor, accommodation etc.) .  

COMPULSORY NOTE

According to the Italian Law n.269 dated 3/10/98, article 16. The Italian Law punishes the crimes concerning prostitution and juvenile pornography by means of reclusion.  PRIVACY Information regarding ex art. 13 of the Legislative Decree 193/03  (legal code regarding personal data) The processing of personal data is carried out both on paper and digitally, in compliance with the Legislative Decree 196/2003 for use exclusively to conclude the contract and for the implementation of the services that constitute the tourist package. It is necessary to communicate this personal data. Personal data will not be diffused, but given solely to the suppliers of the services included in the tourist package purchased. The consumer may at any time exert their rights under art. 7 of the Legislative Decree 196/03 by contacting Toscana Touring, info@toscanatouring.com, holder of the treatment.  

TECHNICAL DATA

Technical organisation: Toscana Touring, via Porta Viti 34, 51028, San Marcello Pistoiese, P.iva 01401290471.

Insurance guarantee: Navale Insurance SpA, n° 4151001/A

Insurance Policy with the company Mondial Assistance Italia Spa

 
   
   
   
   
   
   
   
   
   
   
   
     
  Period of validity of the prices: from 01.01.2013 to 31.12.2013  
     
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Toscana Touring by Girellando Viaggi - via Roma 173 - 51028 - San Marcello Pistoiese (PT) - Italy - p.iva 01680550470
cell 347.0599159 - Tel 0573.622312 - Fax 0573.1940079 - e-mail info@toscanatouring.com