PREMISE The decree law 79 of 23/05/2011 introduced the "National regulations of the tourist industry" (shown below "The Tourism codex") which controls the trade of holiday packages. The trade contract between Travellero® and the tourist is regulated by the Tourism Codex and the following General terms of Contract.
1) SUBJECTS OF THE TRADE CONTRACT OF HOLIDAY PACKAGES.
In accordance with the clause 33 of the Tourism Codex:
a) The organizing travel agency is the one who takes the responsibility to provide holiday packages and assist the client in the purchase (in accordance with the article 34 of the Tourism Codex);
b) The intermediary is the one who sells or provides holiday packages realized in accordance with the article 34 of the Tourism Codex;
c) The buyer is the one who
2) OBJECT OF THE TRADE CONTRACT OF HOLIDAY PACKAGES
In accordance with the article 33 of the Tourism Codex, the objects of holiday packages are travels, holidays and the all-inclusive offers; these packages must combine at least two of the following objects, selled and offered in sale as a forfeetary price:
c) non-accessory tourist services to transport or accomodation, of which art. 36 constitues, for the tourist recreational needs, a significant part of the package. The separate billing of different elements of a tourist package does not subtracts Travellero or the seller to the obligations expected by the Tourism Code.
3) FORM OF TOURIST PACKAGES SALE CONTRACT.
To the senses of art. 36 of Tourism code, the sale contract of tourist packages (following the "Contract") must be in written form, in clear and accurate terms, and must contain all information provided by the Tourism Code.
The booking request must be written on appropriate contractual form, if electronic, filled in every part and subscribed to the Tourist, who will receive a copy. The booking acceptance is meant improved, with following conclusion of the contract, only when the organization will send the confirmation at the selling travel agency, also via telematic system. The indications of the tourist package not contained in the contractual documents, in brochures or in other means of written communication, will be provided by Travellero in regular fulfillment of the expected obligations by the Tourism Code before the travel.
a) The treatment of personal datas - necessary conferment for the execution of the contract - is made according to the lgs. d. n. 196 of 2003, in paper and digital form. The datas will be communicated to services providers included in the tourist package bought. The client will be able to exercise the rights to the sense of lgs. d. n. 196 of 2003, reaching the treatment owner: Travellero S.r.l., Piazza San Rocco n. 43, 80070, Barano d'Ischia (NA).
b) The reservations made by name and account of under eighteen years old subjects, must be subscribed by a parent or whoever exercises the role, at any title, pathernal authority or, eventually, by the accompanion.
5) RESERVATION RIGHTS
This includes the fix costs of practical managment, information service and assistance 7/7 days, the shipping documents. Quotes, per person, must be applied as followed: for reservations of only one day, accomodation + travel, only flight, minimum 7 nights: children 2/12 years old euro 15.00, adults euro 30.00; until 3 nights: children 2/12 years old euro 10.00, adults euro 15.00. for staying in residence are established maximun 4 adult quotes at appartment. The reservation rights for expressed deal can never be refunded, in any case.
The tourist packeages price is determined in the Contract, with reference to what indicated in the catalogue or the program out of catalogue, or eventual arguments of the same catalogue or program out of catalogue
To the act of request must follow a deposit, until the 25% of the tourist package price. The payment must be made within five days from the contract conclusion, and within fiftheen days before the departure. In the case of stipulated Contract less than fiftheen days, the payment must be done at the conclusion of the Contract. A non-payment costitutes expressed termination clause to determinate the resolution of contract rights: if the intermediary agency or Travellero want to.
8)REVISION OF THE PRICE
The price could change until twenty days before the departure, with sending communication to Tourist and/or travel agency via fax, via e-mail, or reccomandation letter . It must be clear that the revision of the price is permitted only in case of such variations:
I) transportation costs, fuel included;
II) rights and taxes on any kind of typologies tourist services such as, taxes, landing taxes, embarking and discharge in harbours or airports;
III) exchange rates applied.
For such variations there will be a reference to the change course valid in the pubblication date of the program as in the catalogue, the date of eventual updates. The varations will be applied through an increase of the tourist package price, representing the exact economic value of the variations made. The price variation for the previous reasons, nn. I), II), III) communicated within the twenty days from departure and have an increase less or equal to 10% of the original price, will not give any recess chance for the Tourist. In case of price variation for the previous reasons nn. I), II), III) communicated within the twenty days and have a tourist package increase of more than 10%, the Tourist, directly and/or through the travel agency, within and not later than two working days from the receiving communication will:
a) accept the variation;
b) receed to travel contract giving immediate written communication to the travel agency, or directly to Travellero. In the case of a non cummunication from the Tourist until the increase time of more than 10% of the price of the two working days, the modification will be accepted. To the senses of art. 46 co. 2 of Tourism Code, when the Tourist recees the Contract, in the cases of the previous article, has the right to be refund of any damage, unless the non accepted revision of the price of more than 10% and based on the recess, was determined by major forces. The price reductions or the promotional offers in the catalogue are not accumulable among them, except where indicated, nor with other offers on market. Furthermore, offers are always with limited spots, don't have any retroactive value and cannot be applied on the previous exit date of the closed reservation.
9) REVIEW OF THE TOURIST PACKAGE BEFORE DEPARTURE
If, before departure, there is the need to vhange one or more elements of the contract, Travellero gives immediate written warning to the Tourist, pointing the type of modification and the following price variation. If the Tourist does not accept the review, can annull the contract without penal payment, and has the right to another tourist package, equal or superior with no supplement of price, or (II) a package of lower quality with refund of price difference, or (III) the money already payed is refunded , within seven working days from the recess or annullation. The Tourist communicates the choice to Travellero or the seller within two working days from the received communication for proposal variation. In case of non-communication within the period said, Travellero's proposal will be definetely accepted. To the senses and effects of art. 42 co. 2 of Tourism Code, the Tourist has the right to be refunded for any damage of the Contract unexecution, unless the unaccepted modification was determined by major forces. It is clarified that, if the package incudes the transport with one or more charter flights, it cannot be considered a significative modification of the package, (so it won't find application as said here) the change of the flight company and/or aircraft, any unexpected intermediate stops or the variation of departure/return. In this case Travellero will provide an alternative way to reach the new airport of departure/return.
10) CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Just in case, before departure, Travellero communicates the written cancellation of the tourist package for any reason, except it's the Tourist's fault, has the right (I) to have another tourist package equal or superior with no supplement of price, or (II) a tourist package of lower quality with refund of price difference, (III) the money already payed is refunded , within seven working days from the recess or annullation. The Tourist can exercise the rights above provided, even when the annullment depends on the unreached number of participants provided by the catalogue and/or the program out of catalogue, and on major forces cases or fluke case, relative to the package bought. For the annullment different from those caused by major forces, fluke case and unreached number of participants (if this last annullment has been written communicated within the period of twenty days before departure), Travellero will give (ex art. 33 co. 2 - and Consumption Code), the double of the payment and takings from Travellero, directly or through the travel agency. The object sum of restitution will never be superior twice the amount of which the Tourist would be on equal date debtor, according to the art. 12 of the general conditions, in case he is the one to annull. To the senses and effects of art 42 co. 2 of Tourism Code when the tourist package is cancelled for different reasons from major forces, fluke or unreached number of participants (if this last one annullment is communicated within twenty days before departure), beyond the rights of this art. n. (I), (II), (III), the Tourist ha also the right to be refunded of any damage of the unexecution of the Contract.
11) TOURIST'S RESCIND WITH NO PENAL APPLICATION
The Tourist can cancel the Contract giving written communication withind two working days from the Contract, with no penal applications, in case of (I) increase of the price of which art. 8 of Contract general conditions in excess measure of 10%, or (II) in case of significant modofication of one or more elements of the Contract, fundamental to the purpose of tourist package and provided by Travellero after the conclusion of the Contract but before unexcepted departure of the Tourist. In this cases, the Tourist has the right to: (I) benefit a different package among those provided by Travellero, with no price supplement or restitution of the price surplus, if the second package has lower value than the first; (II) restitution of the price already payed. this restitution will happen within seven working days from the receipt of refund request. The tourist will have to give written communication of his decision (to accept the modification or to annull) within and not beyond two working days from the modification advise or increase. If there will be no communication within this period, the variation will be considered accepted. To the senses of art. 42 co. 2 of Tourism Code, when the Tourist rescinds from the Contract for one of the previous cases of this article, beyond the right (I) to benefit a second package among those provided by Travellero, with no price supplement or restitution of price surplus, if the second package should have lower value than the first and (II) the restitution of the amount already payed, he has the right to be refunded of any damage caused by the unexecution of the Contract, unless this was cause by major forces.
12) RENOUNCE TO THE VACATION: PENAL
The tourist that rescinds from the Contract before departure and for reasons not included in the general conditions of previous art. 11, will be charged - independently from the account payment of art. 7 of general conditions - beyond the entire quote of reservation rights, (never refundable), the penal in the following measure according to single services of tourist package or individually selled:
a) Staying in residence or hotel formula with eventual transfer service:
10% from 30 to 15 days before departure;
30% from 14 to 8 days before departure;
50% from 7 to 3 days before departure;
100% from 2 to the same day of departure;
b) regular line flights at IT price - Ticket office WEB - Trains: 100% of penal already confirmed at the reservation. For trains is possible only the modification of postponed reservation, availability permitting.
c) Charter flights : 100% from 10 to the same day of departure.
d) Ships - Hydrofoils - GT Bus: 50% from 10 to 3 days before departure; 100% from 2 to the same day of departure.
e) airport taxes: for the airfares the annullment of flight gives the right to the refund of airport taxes (excluded charter/special flights). The attainable costs (YQ-YR), are never refundable. N.W. The calculation of days does not include the day of rescind, of which te communication must arrive in a working day, and the day of travel strart.
The maximum limit for the weight baggage is 20 kg (for checked baggage), and 5 Kg for hand baggage; for Ryanair flight the maximum limit of weight is 15 Kg for checked baggage and 10 Kg for hand baggage. All the passengers must know the national and international legislations of transport.
13) TOURIST'S REQUESTED MODIFICATION BEFORE DEPARTURE
For any variation on already confirmed reservation, if not aggravated by penals, it will be charged a variation cost from euro 25.00 to 50.00.
14) MODIFICATION AFTER THE DEPARTURE
Travellero, if after the tourist's departure, can't provide for any reason (except in case of the Tourist's fault) an essential part of the Contract services, will have to arrange alternative solutions, with no price supplements and in case the services provided are of lower value than expected, will have to refund the difference. If there isn't any alternative solutions, or the solution provided by Travellero is refused by the Tourist for obvious and justified reasons, Travellero will provide with no supplement of price, a means of transport equal to the original one for the return to the place of departure or the different place arranged, compatible to the transport and he will be refunded of the costs difference until the moment of anticipated return.
The Tourist who renounced can be replaced by someone else if: (I) he will communicate to Travellero or the seller that he won't benefit the package and specifies the generality of the cessionary, within and not beyond four working days; (II) the substitute satisifies all the conditions for the service (ex art. 39 of Tourism Code) and in particular any requirements about the passport, visa, health certificates; (III) the substitute refunds Travellero of all the costs to proceed the replacement at the moment of transfer. The donor and the beneficiary are responsable for the price payment, as well as the costs for the replacement. Related to the many typologies of service, it might happen that a third supplier does not accept the name of the substitute, even if it's done within the period of four days before departure. Travellero will not be responsable in case of non-acceptance of modification from the third services suppliers. This non-acceptance will be communicated from Travellero to the interested part before departure.
16) PARTICIPANTS OBBLIGATIONS
The participants will follow the rules of safety, in particular those of the destination country, pay attention to all information provided by Travellero, administrative or legislative dispositions about the tourist package. The participants will be called to answer of any damage for the default of obligations. The Tourist must provide to Travellero all the documents, informations and elements useful to exercise the right towards the responsable of the damages. The Tourist will communicate to Travellero, at the reservation, those particular desires that might eventually be objects of accords , if it's possible.
17) HOTEL CLASSIFICATION, DESCRIPTION AND PHOTOS
The official hotel classification is provided by a catalogue or any other information system based only on the expressed and formal indications of local Authority. If there aren't any official classification recognized by the Authority, Travellero will provide a catalogue or a depliant with hotel descriptions. It is clairified that what's published, both in written terms and photografic, it's only the description of the places, structures and services offers. Travellero is responsable only of what is pictured and published in its catalogues, precising - in any case - that places and structures can have modification with time pass, such to change the morfology and characteristics.
To The senses of Tourism Code, Travellero answears the damages caused to the Tourist for the total or impartial contractual default, both if it's carried out personally or by third services suppliers, unless the event is caused by the Tourist or stranger circumstances provided by the Contract, fluke case, major forces, or other circumstances that Travellero could never foresee.
19) RESPONSABILITY FOR PERSON DAMAGE
The damage compensation to the person, caused by the missed or inaccurate execution of obbligations provided by the Contract, as art. 44 of Tourism Code says, it's refundable according to laws established by the international conventions, of which Italy and UE are members, disciplines the packages services, as received by the italian order.
20) DIFFERENT RESPONSABILITY DAMAGE FROM THE PERSON
As expected by the art. 95 of Tourism Code, Travellero and the Tourist make an agreement about the limitation of damage refund different from the person, beacuse of the missed or inaccurate execution of obbligations provided by the Contract. These limitations can never be lower than what expected by the international conventions, that disciplines the package services and from articles 1783 and 1784 by the civil code.
21) RESPONSABILITY EXONERATION FOR PERSON AND DIFFERENT DAMAGES
Based on art. 46 of Tourism Code, Travellero can never be responsable for any personal damages and different damages caused to the Tourist, beacuse of the misses and/or inaccurate execution of obbligations provided by the Contract, if the event is caused by: (I) Tourist's behaviour, or (II) unpredictable and inevitable facts charged to third suppliers, or (III) facts of fluke events, or (IV) major forces cases, or (V) to circumstances that Travellero can never foresee and/or resolve.
22) ASSISTANCE OBBLIGATIONS
To the senses and effects of art. 46 co. 2 of Tourism Code, Travellero must present the measure of assistance to Tourist imposed by the diligence professional criterion only in refernce to obligations for law disposition or Contract.
23) RECLAIM AND CHARGES
Any default of the Contract must be contested by the Tourist with no delay, so that Travellero, his local representant or the companion can find a remedy. The charge to denunciate with no delay is to intend any obbligation of the Tourist, so that Travellero can execute it. The Tourist can make charges through a raccomandation, with receipt advise, to Travellero or the seller, within and not beyond ten working days from the return in the departure place. Tourist's default to this obbligations can be considered at the art. 1227 of civil code.
According to art. 50 of Tourism Code, Travellero has a policy insurance n. 1/72930/319/130744708 with UNIPOL for the civil responsability of the previous art. 18,19,20. So it's included in the price a warranty insurance package against the expenses of annullment, assistance, baggage and medical expenses (details in the present catalogue).
25) GUARANTEE FUND FOR THE TOURIST
To the senses of art. 51 of Tourism Code, the productive activities Ministry has enstablished a national guarantee fund, to allow the refund of the price payed by the Tourist and the return in case of foreign trips in case of insolvency or failure of the seller or to Travellero, or to supply an immediate economy availability in case of forces return from non-UE countries for emergencies. The fund's function and modality are detrmined by the productive activities Ministry, with the finance and economy Ministry.
Campania decreet n. 569 of 2010. Validity period of catalogue : 01/11/2019 - 01/11/2020
ADDENDUM SALE CONTRACT GENERAL CONDITIONS OF SINGLE TOURIST SERVICES
A) LAW DISPOSITIONS
The contracts that have as object the offer of the only transport service, accomodation, or any other separate tourist service, beeing unable to configurate itself as tourist package, are disciplined in the following dispositions L. 1084 of 27/12/1997 (International Convention ratification and execution about the Travel Contract -CCV- signed in Bruxelles the 23/04/1970): art. 1 , n. 3, n. 6; art. from 17 to 23; art. from 24 to 31; as it concerns the different prevision of the organization contract, or the other stipulations selled as single services contract object.
B) CONTRACT CONDITIONS
To the sale contract of single tourist services are applicable the following clauses of tourist packages sale contract below written: art. 5; art. 7; art. 9; art. 11; art. 12; art. 14; art. 15; art. 16; art. 22; art. 24. The application of these clauses doesn't effect in any way the configuration of the contracts. The terminology of these clauses about the tourist package contract (Travellero, trip ecc. ) is intended as the corrispondent figures of sale contract of single services (seller, accomodation ecc.). Mandatory communication to the senses of art. 16 of 1 n. 169 "the italian law punishes with the reclusion penalty the prostitution fellany and minor pornografy, even if they are committed abroad".
To the senses of legislative decree 30/06/2003 n. 196 Code of Protection of Personal Datas, it is noted that the treatment of any Trip Participant personal datas, will be used for direct marketing, marked by fairness, legality and transparency and, by the way, according to the attual regulations. To the senses of art. 4 of d. lgs. 196/2003 the treatment of datas, wirtten or made with any informatic means, it will consist in the collection, registration, organization, storage, consultation, elaboration, modification, selection, extraction, comparison, use, interconnection, stoppage, communication, diffusion, cancellation and datas distribution and also one or more of these operations together. Transmitted datas are necessary for the realization of any Travel Participant stay, to make operational the insurance coverage to send the program and initiative material to the domicile of all Participants. It is specified that in the end, will be freely guaranteed to any Participants the rights of which art. 7 lgs. d. n. 196 of 2003 and in particular the update, the rectification, when there is interest, datas integration or cancellation, sending the request to Travellero S.r.l. , Piazza San Rocco n. 43, 80070, Barano d'Ischia (NA)