1. LEGISLATIVE SOURCES.
The sale of tourist packages, having as their object services to be provided in both national and
abroad, is governed by Law no. 1084 of 27/12/1977 ratifying and executing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 - insofar as applicable - as well as by the Consumer Code set out in Legislative Decree no. 206 of 6 September 2005 (articles 82-100) and its subsequent amendments.
The agreement signed on 8 April 2002 and subsequent amendment of 21 May 2002 between the Ministry of Education and Research and the representatives of travel agents is also a substantial part of the contract.
The organiser and the seller of the tourist package, to whom the consumer turns, must be authorised to carry out their respective activities according to the applicable administrative regulations.
For the purposes of this contract, the following terms are intended: a) tour organiser, the subject who realises the combination of the elements referred to in Art. 4 below and undertakes, in his own name and for a lump sum consideration, to procure tourist packages to third parties; b) seller, the subject who sells, or undertakes to procure tourist packages realised in accordance with Art. 4 for a lump-sum consideration; c) consumer of tourist packages, the purchaser, the transferee of a tourist package or any person also to be named, provided that they meet all the conditions required for the use of the service, on whose behalf the principal contractor undertakes to purchase a tourist package without remuneration.
4. NOTION OF TOURIST PACKAGE.
The notion of tourist package is as follows: "Tourist packages refer to travel, holidays and "all-inclusive" circuits, resulting from the prearranged combination of at least two of the following elements
indicated below, sold or offered for sale at a fixed price, and lasting more than 24 hours or extending over a period of time including at least one night: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation (omissis)... which constitute a significant part of the "tourist package" (Art. 84 of the Consumer Code). The consumer has the right to receive a copy of the tourist package sales contract (pursuant to articles 85 and 86 of the Consumer Code), which is also a document for possible access to the Guarantee Fund referred to in article 20 of these General Contract Terms and Conditions.
5. COMPULSORY INFORMATION - DATA SHEET
The organiser is obliged to include a data sheet in the catalogue or in the non-catalogue programme. The compulsory elements to be included in such a data sheet are: -extremes of the organiser's administrative authorisation; -extremes of the civil liability insurance policy; -period of validity of the catalogue or out-of-catalogue programme; -manner and conditions of substitution of the traveller (Art. 89 of the Consumer Code); -parameters and criteria for adjusting the price of the trip (Art. 90 of the Consumer Code).
Reservation applications must be made on the appropriate contract form, electronic if applicable,
completed in its entirety and signed by the customer, who will receive a copy. Acceptance of bookings is considered finalised, with consequent conclusion of the contract, only when the organiser sends relative confirmation, also by telematic system, to the client at the seller travel agency. The Agency reserves the right not to carry out the trip if the minimum number of participants, possibly indicated in the catalogue and/or in the estimate, is not reached. Information regarding the tourist package that is not contained in the contractual documents, brochures or other means of written communication will be provided by the organiser in regular fulfilment of the obligations foreseen at his or her charge by Art. 87 comm. 8 of the Consumer Code before the start of the holiday.
The entire participation fee must be paid at the time of booking or at the time of the binding request. Failure to pay the above amounts by the established dates constitutes an express termination clause such as to determine, on the part of the intermediary agency and/or the organiser, the legal termination of the contract, without prejudice to compensation for further damages suffered by the organiser.
The participation fees are determined in the contract, with reference to what is indicated in the catalogue and/or in the estimate. It may be varied up to 20 days prior to arrival and only as a consequence of variations in: -transport costs, including the cost of fuel; -fees and taxes on certain types of tourist services such as taxes, landing, disembarkation or embarkation fees at ports and airports; -exchange rates applied to the package in question. For such variations, reference will be made to the exchange rate and costs referred to above in force on the date of publication of the programme as reported in the catalogue data sheet or on the date reported in any updates referred to above. The fluctuations will affect the flat-rate price of the tourist package in the percentage expressly indicated in the technical data sheet of the catalogue or programme outside the catalogue. The traveller has the right to withdraw from the contract, in the event of an increase in the travel price of more than 10%, as long as he/she notifies the Travel Agency in writing within 2 working days following receipt of the communication regarding the increase. In any case, no disputes will be accepted regarding the travel price or individual price components during or at the end of the trip. The catalogue price does not include the fixed and obligatory opening fee of Euro 5 per person.
9. MODIFICATION OR CANCELLATION OF THE TOUR PACKAGE PRIOR TO ARRIVAL
9.1. MODIFICATION BY THE ORGANISER. Before the arrival the organiser or the seller who needs to modify significantly one or more elements of the contract, gives immediate notice in writing to the consumer, indicating the type of modification and the variation of the price that follows. If he/she does not accept the proposed modification referred to in paragraph 1, the consumer may exercise the right to either repurchase the sum already paid or to enjoy the offer of a replacement tourist package pursuant to paragraphs 2 and 3 of Article 10. The consumer may also exercise the aforementioned rights when the cancellation is due to the failure to reach the minimum number of participants envisaged in the catalogue or in the programme outside the catalogue, or due to cases of force majeure and fortuitous events, relating to the tourist package purchased. For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as for those other than the consumer's non-acceptance of the alternative tourist package offered, the organiser who cancels, (Art. 33 letter E of the Consumer Code), shall refund to the consumer double the amount paid and collected by the organiser through the travel agent. The sum to be refunded will never be more than twice the amount that the consumer would owe on the same date according to Art. 10, 4th paragraph if he/she were to cancel.
9.2. MODIFICATION BY THE CONSUMER. Changes requested by the traveller after the booking has already been confirmed to the organiser involve costs for Beyond Borders Travel and sometimes also the charging of penalties by suppliers. These will be communicated and agreed with the traveller in good time.
10. WITHDRAWAL BY THE CONSUMER.
The consumer may withdraw from the contract, without paying penalties, in the following cases: -increase in the price referred to in Art. 8 above to an extent exceeding 10%; -significant modification of one or more elements of the contract objectively identifiable as fundamental to the enjoyment of the tourist package as a whole and proposed by the organiser after the conclusion of the contract itself, but before the start of the stay and not accepted by the consumer. In the above cases, the consumer has the right alternatively: -to take advantage of an alternative tour package, without a surcharge or with the refund of the excess price, if the second tour package has a lower value than the first; -to the refund of only the part of the price already paid. This refund must be made within 7 working days of receipt of the request for reimbursement.
The consumer must give notice of his or her decision (to accept the modification or to withdraw) within and no later than 2 working days from the moment he or she received the notice of increase or modification. In the absence of express communication within the aforementioned deadline, the proposal made by the organiser is deemed to be accepted. The consumer who withdraws from the contract before the start of the holiday outside the hypotheses listed in the first paragraph shall be entitled to a refund of the sum paid net of the penalties listed below, which are to be calculated on the total amount of what has been booked, in addition to the charges and expenses incurred by the organiser in cancelling the services: 15% up to 61 calendar days prior to the start of the stay; 25% from 60 days to 31 calendar days prior to the start of the stay; 50% from 30 days to 21 calendar days prior to the start of the stay; 75% from 20 days to 11 calendar days prior to the start of the stay; 100% in the calendar days prior to the start of the stay; the practice fee must be added to the above penalties. For all combinations, no refund will be granted to those who cancel during the course of their stay.
11. CHANGES DURING THE STAY - PROVISION OF ALTERNATIVE SOLUTIONS.
Should the organiser be unable to provide an essential part of the services envisaged in the contract during the holiday for any reason other than the consumer's own doing, the organiser must make alternative arrangements, without any extra charge to the contracting party and if the services provided are of lesser value than those envisaged, reimburse the contracting party for the difference.
difference. In the event of bad weather or a lack of snow, the programmes may be changed, and at the discretion of the experts, the excursions may therefore be moved to another day and place than originally planned. If no alternative solution is possible, or if the solution provided by the organiser is refused by the consumer for proven and justified reasons, the organiser will provide, at no extra charge, a means of transport equivalent to the original
foreseen for the return to the place of departure or to a different place possibly agreed upon, subject to the availability of means and places, and will reimburse him to the extent of the difference between the cost of the services foreseen and the cost of the services provided until the time of the early return.
The renouncing consumer may be substituted by another person provided that: a) the organiser is informed of this in writing at least 4 working days before the date fixed for the arrival, receiving at the same time communication of the reasons for the substitution and the personal details of the transferee;
b) the transferee meets all the conditions for the use of the service (as per Art. 89 of the Consumer Code) and in particular the requirements relating to passports, visas, health certificates; c) the same services or other replacement services can be provided following the substitution; d) the substitute reimburses the organiser for all additional expenses incurred in making the substitution, to the extent that will be quantified before the transfer. The transferor and the transferee are jointly and severally liable for the payment of the balance of the price as well as the amounts referred to in letter d) of this article. Further terms and conditions for replacement are set forth in the technical data sheet.
13. OBLIGATIONS OF CONSUMERS.
Consumers must inform the seller and/or the organiser of their citizenship and, prior to departure from their place of residence, they must definitively ensure that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries covered by the itinerary, as well as residence visas, transit visas and any health certificates that may be required. Consumers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries to which the trip is to be taken, with all the information provided to them by the organiser, and with the regulations and administrative or legislative provisions relating to the tourist package.
Consumers will be called upon to answer for all damages that the organiser and/or seller may suffer also due to the failure to comply with the above-mentioned obligations. The consumer is required to provide the organiser with all the documents, information and elements in his possession that are useful for the exercise of the latter's right of subrogation against third parties responsible for the damage and is liable to the organiser for the prejudice caused to the right of subrogation. The consumer will also communicate in writing to the organiser, at the time of booking, any particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them. The consumer is always obliged to inform the Seller and/or the Organiser of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) and to explicitly specify the request for related personalised services.
14. HOTEL CLASSIFICATION.
The official classification of hotel facilities is provided in the catalogue or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the countries, including EU member states, to which the service refers, the organiser reserves the right to provide in the catalogue or brochure its own description of the accommodation facility
accommodation, such as to allow an evaluation and consequent acceptance of the same by the consumer.
15. SPECIAL NEEDS OF THE TRAVELLER
The traveller is obliged to make any special requirements known in writing at the time of booking. Beyond Borders Travel reserves the right to accept such special requests in writing, after
Beyond Borders Travel reserves the right to accept such special requests in writing after checking the availability of the suppliers who are to provide the services and will notify the traveller as soon as possible of any additional costs arising from such requests, provided that they are feasible.
16. LIABILITY REGIME.
The organiser is liable for damages caused to the consumer as a result of the total or partial non-fulfilment of the services contractually due, whether these are carried out by him personally or by third party service providers, unless he proves that the event was caused by the consumer (including initiatives taken independently by the latter during the execution of the tourist services) or by circumstances extraneous to the provision of the services envisaged in the contract, by chance, force majeure, or by circumstances that the organiser himself could not, according to professional diligence, reasonably foresee or resolve.
The seller with whom the booking of the tourist package has been made is not liable in any case for the obligations arising from the organisation of the trip, but is responsible exclusively for the obligations arising from his capacity as intermediary and in any case within the limits foreseen for such liability by the regulations in force. The organiser will in no case be liable for damages a) resulting from the failure of the traveller to comply with recommendations or warnings of the tour leader or guide on site; b) resulting from services provided by third parties and not part of the tourist package; c) resulting from autonomous initiatives of the traveller.
17. LIMITS OF DAMAGES.
Compensation for damages may not in any event exceed the limits indicated in Articles 94 and 95 of the Consumer Code.
18. OBLIGATION TO PROVIDE ASSISTANCE.
The organiser is obliged to provide the measures of assistance to the consumer imposed by the criterion of professional diligence exclusively with reference to the obligations incumbent on him by law or contract. The organiser and the seller are exonerated from their respective responsibilities (Art. 16 of these General Terms and Conditions), when the non-execution or inexact execution of the contract is attributable to the consumer or is due to the fact of a third party of an unforeseeable or unavoidable nature, or was caused by a fortuitous event or force majeure.
19. COMPLAINTS AND COMPLAINTS - DUTY TO REPORT.
Any fault in the execution of the contract must be contested by the consumer immediately and without delay to the service provider concerned, so that the organiser, his local representative or the tour leader can remedy it promptly. Otherwise, the breach of contract cannot be contested. The consumer must also - under penalty of forfeiture - lodge a complaint by sending a registered letter, with acknowledgement of receipt, to the organiser or the seller, no later than 10 working days from the date of return to their place of residence.
20. INSURANCE AGAINST CANCELLATION COSTS, MEDICAL EXPENSES AND BAGGAGE INSURANCE.
The catalogue price does not include any insurance for medical expenses and/or cancellation. In order to avoid these possible expenses and for the protection and peace of mind of the consumer, the organiser invites the latter to take out an insurance policy at the time of booking.
21. GUARANTEE FUND.
The National Guarantee Fund (Art. 100 of the Consumer Code) set up to protect consumers who are in possession of a contract, provides for the following needs in the event of insolvency or declared bankruptcy of the seller or organiser: a) reimbursement of the price paid; b) repatriation in the case of trips abroad. The fund must also provide immediate economic availability in the event of the forced return of tourists from non-EU countries during emergencies attributable or not to the behaviour of the organiser. The modalities of intervention of the Fund are established by Prime Ministerial Decree no. 349 of 23/7/99.
GENERAL TERMS AND CONDITIONS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES.
A. REGULATORY PROVISIONS. Contracts that offer only the transport service, accommodation service or any other separate tourist service, which cannot be considered as a negotiated case of travel organisation or tourist package, are governed by the following provisions of the CCCV: art. 1, no. 3 and no. 6; articles 17 to 23; articles 24 to 31, as regards provisions other than those relating to the organisation contract as well as other agreements specifically referring to the sale of the individual service covered by the contract.
B. TERMS AND CONDITIONS OF THE CONTRACT. The following clauses of the general terms and conditions of the contract for the sale of tourist packages listed above are also applicable to these contracts: art. 6, paragraph 1; art. 7, paragraph 2; art. 13; art. 17; art. 19. The application of said clauses in no way determines the configuration of the relative contracts as tourist packages. The terminology of the aforementioned clauses relating to the tourist package contract (organiser, trip, etc.) must therefore be understood with reference to the corresponding figures in the contract for the sale of individual tourist services (seller, stay, etc.).
TECHNICAL DATA SHEET. Technical organisation Beyond Borders Travel, via Roma 14, 33018 Tarvisio (UD) Italy. Licence n. Authorisation FVG Region 124 of 14/02/2000 type 011 Travel and Tourism Agency.
Insurance policy Fondiaria Assicurazioni spa 224.716897.14.
Modalities and conditions for the replacement of the traveller (see Art. 89 of the General Terms and Conditions). Parameters and criteria for adjusting the price of the trip (see Art. 90 of the Consumer Code and Art. 8 and 10 of the aforementioned general terms and conditions of sale).
PLACE OF JURISDICTION . For any dispute arising from this contract, the competent and exclusive jurisdiction is the Court of Tolmezzo (UD).
MANDATORY COMMUNICATION. Pursuant to Article 17 of Law No. 38/2006 (former Law No. 269/1998, Article 16). Italian law punishes with imprisonment crimes concerning child prostitution and pornography even if committed abroad. Respect for children's rights knows no borders.
PRIVACY. Pursuant to art. 13 of Legislative Decree no. 196/2003, we hereby inform you that the data you provide will be processed by "Beyond Borders Travel", the data controller, with registered offices in via Roma 14, Tarvisio (UD) Italy, in compliance with the provisions of current legislation on the protection of personal data. The processing, which is also carried out by automated means by appointed personnel, is aimed at
- the fulfilment of contractual and legal obligations in the event of booking of stays;
- to send communications and offers of a tourist nature if you subscribe to our newsletter;
- to send information material on our services and/or future promotional initiatives (brochures, offers, catalogues, etc.).
The provision of data is optional; failure to provide such data may make it impossible for us to send you the information/promotional material and possibly make it impossible for you to make the booking requested; the data collected and stored, including electronically at our offices, may be communicated, for purposes strictly related to the processing in question, to service providers.
We inform you that at any time you may exercise your rights under Art. 7 of the above-mentioned law (request for confirmation, modification, cancellation, blocking, updating, rectification of data, etc.). Should you no longer wish to receive our communications and/or tourist and promotional information, you may send us an email or write to the data controller: firstname.lastname@example.org - Beyond Borders Travel, via Roma 14, 33018 Tarvisio (UD) Italy.