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Insurances
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General
Condition |
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You condition general of share to
the trips
Art. 1) definitions and content
The Contract of sale of tourist packet is composed, over that from
the present General Conditions, from the agreed upon specific
conditions eventually of time in time among the parts, as well as
from the catalog, brochure, brochure or it programs out catalog
consultable and printable through Internet. The conditions of which
above they are exclusively applied to the contracts of sale of
tourist packet for such intending himself/herself/itself to the
senses of the art. 2 ns. 1 legislative decree n. 111 of the 17.03.95
of realization of the Directive 90/314/CEE: The tourist packets have
to object the trips, the vacations and the circuits "everything
inclusive", resultant from the preset combination than at least two
of the elements following suitable, sold or offered in sale to a
price forfetario, and of superior duration to the 24 hours or that
they extend him for a period of time comprendente at least a night:
1. transport;
2. lodging;
3. tourist services not accessories to the transport or to the
lodging (omissis)... that they constitute meaningful part of the "tourist
packet."
The terms contracting and consumer you/they are used here with
generic and undiversified reference to one any of the two figures
disciplined by the art. 5 Decrs. Legisl. 111/95. for organizer he
intends he who it realizes the tourist packet as above defined.
Art. 2) normative of reference
The contract of which to the programs here published, object aventi
the offer of a tourist packet, he intends regulated, over that from
the present general conditions, also from the suitable clauses in
the preventive documentation of trip delivered or transmitted to the
Consumer. Says contracted, both that I/you/he/she have to object
services to furnish in national territory that foreign, you/he/she
will also be disciplined by the L. 27/12/1977 n°1084s of
ratification and execution of the International Convention related
to the contract of trip (CCV) signed to Bruxelles 23.04.1970, as
well as from the above quoted Legislative Decree 11/95.
Art. 3) bookings
The question of booking must have effected away fax, e-mail or
telephonely required to the 1Travel Company. The acceptance of the
bookings is subordinate to the availability of the places and him it
intends improved, with consequent conclusion of the contract, only
in the moment and in the place from which the organizer will send
confirmation writing mean hips e-mail, fax or you/he/she
systematizes telematico. The agency of trip venditrice, the it will
have to release to the consumer, to the senses of the art. 6 of the
Decr. Legisl. 111/95, confirmation of the alone contract if already
in possession of the confirmation of which to the precedent
paragraph. The agency of trip venditrice has towards the organizer,
the juridical dress of middleman to the senses of the art. 1.3 CCVs
over that of seller ex. Art. 4 Decrs. Legisl. 111/95, purchasing
rights and exclusively assuming obligations what his/her client's
mandatary agent. The indications related to the tourist packet not
contained in the contractual documents, in the brochures or in other
means of communication, you/they will be furnished by the
organization in to regulate fulfillment of the anticipated
obligations to really load from the Decr. Legisl. 111/95 in useful
time before the beginning of the trip.
Art. 4) payments
To the action of the booking they will owe the quota of registration
and an account to be versed equal to the 25% of the quota of share.
The sale will have to be versed 30 days before the beginning of the
trip. For the bookings effected in the 30 preceding days the date of
departure, it will owe the whole amount to be versed during the
booking. The missed observance of these conditions from the client
authorizes the organizer to annul the bookings already confirmed. In
the case in which the booking is not approved, the organizer will
integrally refund to the client how much from these corresponded.
Art. 5) price
The price of the tourist packet is determined by the price exposed
anymore the cost of the taxes of booking, possible taxes airport and
possible costs obtainment approves consolari and you/he/she can be
modified up to 20 preceding days the departure and only in
proportional way directly to variations of a solo of the following
elements:
1. costs of transport, included the cost of the fuel;
2. rights and taxes on some typologies of tourist services which
imposed, taxes of landing, of unloading or of embarkation in the
harbors and in the airports;
3. rates of change applied to the packet in matter.
POLICY ASSICURATIVA
In the quota of registration you/he/she is included an insurance
policy that foresees, in case of illness or accident, the following
performances:
Telephone medical consultation furnished by the Plant Operational 24
hours on 24; Organized sanitary transport; Transport of the corpse;
Assistance to the smaller ones; I anticipate penal security to the
foreign countries; Insurance baggage up to Lit. 500.000; anticipated
reentry; A relative's reentry in case of hospitalization; Legal
defense to the foreign countries; Reimbursement expenses
telefoniche/telegrafiche; Dispatch medicinal urgent; Transmission of
urgent messages; Interpreter; Prolongation of the stay; I refund
medical expenses sustained up to Lit. 2.000.000 to the foreign
countries and Lit. 500.000 in Italy
Art. 6) recess and annulment of the Consumer
The consumer can recede from the contract, without paying the
correspondent one some recess of which infra, in the following
hypotheses:
1. increase of the price of which to the preceding art. 5 in surplus
measure 10% from the arranged piece;
2. meaningful change of other essential element of the contract (for
such whatever variation objectively intending himself/herself/itself
on elements configurabili as fundamental to the goals of the
fruition of the considered tourist packet altogether) proposed by
the organizer after the conclusion of the same contract, but before
the departure and not accepted by the consumer.
In the cases of which to the precedent paragraph, the consumer has
alternatively right:
1. to usufruire of another tourist packet of equivalent import, or,
if not available, superior without supplement of price, or of
inferior import, with restitution of the difference of price;
2. to the restitution of the alone part of price already
corresponded. Such restitution must have effected within seven
working days from the moment of the reception of the communication
of the decision to ask the reimbursement.
The consumer will have to give communication of his/her own decision
(to accept the change and to recede) within and not over two working
days from the proposal of annulment and change. In defect of express
communication within the aforesaid term, the proposal formulated by
the organizer him intends approved. To the consumer that recedes out
from the contract of the hypotheses listed article to the preceding
commis of the present, the quota of registration you/he/she will be
debited as well as to title of correspondent for the recess non
superior sums to those here following you list:
10% of the quota of share actually to 30 days of calendar before the
departure
30% of the quota of share from 29 to 18 days of calendar before the
departure
50% of the quota of share from 17 to 10 days of calendar before the
departure
75% of the quota of share from 9 to 4 working days (excluded on
Saturdays however) before the departure
100% of the quota of share after such terms
For all the combinations any reimbursement will be granted to whom
he won't introduce to the departure or rinuncerą, for non
attributable motives to the organization, during the carrying out of
the same trip. Any reimbursement will so also be up to whom could
not effect the trip for lack or invalidity or insufficiency of the
expectations personal documents of expatriation. The travel agency
or the organizer it is not kept to tell or to check the validity of
the documents for the expatriation of the consumer.
Art. 7) annulment of the tourist packet
In the hypothesis in which, before the departure, the organizer
communicates his/her own impossibility to furnish the services
object of the tourist packet, the consumer you/he/she can
alternatively practice, one of the rights of which to the second
paragraph of the preceding art. 6 and in the formalities of which to
the 3° paragraph of the same article, always that the annulment
doesn't depend on fact to him imputable. The consumer can practice
the rights above anticipated also when the annulment depends on the
missed attainment of the anticipated least number of participants in
one of the documents of which to the preceding art. 1, 1° paragraphs
always that such annulment has been communicated in the preceding
term the date of the departure suitable ivi.
Art. 8) explanations in subject of recess
The effects of the recess of the consumer or the increase of the
tourist packet are accomplishedly disciplined by the precedents
articles 6 and 7 whose content reproduces the had the arts. 12 and
13 Decrs. Legisl. 111/95. therefore the contained clauses in the
quoted arts 6 and 7 also respect the correct equilibrium among the
contractual parts in virtue of the dictated of the art. 1469 ters
cod. civ. (introduced by the I.52/96 of realization by the directive
93/13 EECs concernente the unauthorized clauses in the contracts
stipulated with the consumers) according to which "the clauses are
not oppressive that reproduce dispositions of law."
Art. 9) changes after the departure
The organizer, if after the departure cannot furnish for any reason
except a fact proper of the contractor an essential part of the
services contemplated in contract, will have to predispose
alternative solutions, without supplements of price to load of the
contractor and if the furnished performances are of inferior value
in comparison to those anticipated, to indemnify him/it in measure
equal to such difference. If you don't result possible some
alternative solution, or the solution predisposed by the organizer
is refused by the consumer for series and justified reasons, the
organizer it will furnish without supplement of price, a mean of
equivalent transport to that native expectation for the return to
the place of departure or to the different agreed upon place
eventually, compatibly to the availabilities of the mean and places
and it will indemnify him/it in the measure of the difference
between the cost of the anticipated performances and that of the
performances effected up to the moment of the anticipated reentry.
Art. 10) substitutions
The client can let from other person always replace that:
to) the organizer is in writing within 4 working days informed of it
before the date fixed for the departure contextually receiving
communication around the generalities of the cessionario,;
b) connected reasons to the passport don't hinder you, to the visas,
to the sanitary certificates, to the hotel setup, to the services of
transport or however such from the fruition of the packet to make
from different person impossible from the client renouncer;
c) the subject incoming reimbursements to the organization all the
expenses sustained for proceeding to the substitution in the measure
that will be quantified to the action of the communication of the
transfer;
The client renouncer will owe in every case to correspond the alone
quota of registration, if foreseen. It will be besides solidalmente
responsible with the cessionario for the payment of the sale of the
price as well as of the appointments of which to the letter c) of
the present article.
Art. 11) the participants' obligations
The participants must have provided of individual passport or of
other valid document for all the countries touched by the itinerary,
as well as of the visas of stay and transit and of the sanitary
certificates that were eventually in demand. Besides they will have
to follow to the observance of the rules of normal prudence and
diligence, to all the information furnished him by the organizer, as
well as to the rules and the administrative or legislative
dispositions related to the tourist packet. The participants will
have called to answer of all the damages that the organizer had to
suffer because of their breach to the above examined obligations.
The consumer is kept to furnish all the documents, the information
and the elements to the organizer in his/her possession profits for
the exercise of the right of you/he/she replaces of this last
towards the third persons responsible of the damage and you/he/she
is responsible toward the organizer of the prejudice brought to the
right of substitution. The consumer will communicate in writing also
to the organizer, to the action of the booking, that details desired
that you/they can eventually form object of specific accords on the
formalities of the trip, always that the realization results
possible of it.
Art. 12) hotel classification
The hotel setup, in absence of official classifications also
recognized by the competent Public Authorities of the countries
members of the EEC which the relative service refers, it is
established from the organization in base to own criterions of
evaluation of the standards of quality.
Art. 13) regime of responsibility
The organizer answers some damages contractually brought to the
consumer to motive for the total or partial breach of the due
performances, both that the same are personally effected by him that
from third suppliers of the services, unless you try that the event
is derived from fact of the consumer (ivi inclusive initiatives
automatically assumed by this last during the execution of the
tourist services) or from that extraneous to the supply of the
anticipated performances in contract, from accidental case, from
greater strength, or from circumstances that the same organizer was
not able, according to the professional diligence, reasonably to
foresee or to resolve. The seller near which the booking of the
tourist packet has been effected doesn't answer in some case of the
dawning obligations from the organizer of the trip, but it is
exclusively responsible of the dawning obligations from its quality
of middleman and however in the limits for such responsibility
foreseen by the laws or conventions recalled to the following art.
14. In turn the organizer is not responsible towards the consumer
for the breach from the seller of the obligations to load of this
last.
Art. 14) limits of the reimbursement
The reimbursement owed by the organizer is not able in every case to
be superior to the indemnities risarcitorie foreseen by the
international conventions in reference to the performances whose
breach has determined the responsibility of it, both to contractual
title and extracontrattuale: and precisely the 1929 Warsaw
Convention on the international aerial transport in the text
modified in the Aia in 1955; the Convention of Berna (CIV) on the
railway transport; the 1970 Bruxelles Convention (CCV) on the
responsibility of the organizer. In every case the limit
risarcitorio for different damages from those to the person cannot
overcome the amount of "5.000 Franchis germinal gold for any other
damage" foreseen by the art. 13 n°2s CCV. If the native text of the
aforesaid conventions had to suffer amendments or new international
conventions concernenti the performances object of the tourist
packet they went into effect, the limits will be applied risarcitori
foreseen by law by the sources uniform vigenti during to verify him
some harmful event.
Art. 15) obligation of assistance
The organizer is kept to lend the measures of assistance to the
consumer exclusively imposed by the criterion of professional
diligence in reference to the obligations to really load for
disposition of law or contract.
Art. 16) claims and reports
The consumer to punishment of decadence to the senses of the art. 19
n.2s d.lgs 111/95, have to report in writing through the dispatch of
a registered letter, in the form of claim, to the organizer the
difformitąs and the vices of the tourist packet, as well as the
breaches in his/her organization or realization, to the same action
of theirs to verify him or, if not immediately recognizable, within
10 days from the date of the expectation reentry in Italy. If the
claims are introduced in the place of execution of the tourist
performances, the organizer has to lend the assistance required by
the preceding art to the consumer. 15 with the purpose to seek a
ready and equitable solution. It will likewise have to provide the
organizer, also in the case of claim introduced at the end of the
services guaranteeing in every case a prompt answer to the
applications of the consumer.
Art. 17) insurance against the expenses of annulment and
repatriation
If not expressly inclusive in the price, before the departure it is
possible, and rather advisable, to stipulate near the offices of the
organizer or the seller special policies assicurative against the
consequential expenses from the annulment of the packet, accidents
and baggages. It will be possible to stipulate a contract that
covers the expenses of repatriation in case of accidents and
illnesses also. |
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