GENERAL TERMS OF A PACKAGE TOUR SALE CONTRACT
1. INTRODUCTION. NOTION OF PACKAGE TOUR
a) the package tour organizer and seller of the customer applies to, must own the administrative authorization to fulfil their activities
b) the customer has the right to receive a copy of the sale contract of a package tour (according to the paragraph 85 of Cod. Consumo) which is the necessary document which might be necessary to apply to the Guarantee Fund the paragraph 18 of these General Contract Terms refers to.
The notion of “package tour” (paragraph 84 of Cod. Consumo) is the following:
The subject matters of package tours are journeys, holydays and “all inclusive” circuits, resulting from the pre-established combination of at least two of the elements hereafter specified, sold or offered for sale at a lump sum, lasting more than 24 hours, that is, extendable for a period of at least
c) tourist services not accessory to transportation or
accommodation (words left out)……. being an important part of the “package tour”.
2. LEGISLATIVE SOURCES
Purchase and sale of a package tour, whether it concerns services to be supplied in domestic or foreign territory, will be regulated by the Law 27/12/1977 no. 1084, ratifying and executing the International Journey Contract Convention (CCV), subscribed in Bruxelles on 23/04/1970, since they can be applied, as well as by the Codice del Consumo.
3. TECHNICAL DATA
N.O.W. abbreviation of Not Ordinary Ways S.a.s.
The period of validity of the package tours offered by N.O.W. S.a.s. is specified in the company’s web site www.notordinaryways.com or published in the booklet (on paper or electronic) or outside catalogue or told to the customer applying to N.O.W. by e-mail, telephone call, fax or other ways.
The change of reference for currency adjustments is the one current the day in which the booking is made by the customer.
Booking application must be filled in the special contract form, or in case it is an electronic contract, it must be compiled in every part and subscribed by the Client, who will get a copy of it. The booking is perfected only when N.O.W. will send the Client the relevant written confirmation, also by computer system.
In case in the tourist package offered by N.O.W. and published in the catalogue (on paper or electronic) there is a minimum number of participants, N.O.W. reserves the right not to effect the journey in case the written minimum number of participants is not achieved.
Within 48 hours from the moment of the booking there must be a partial payment, equalling 25 percent of the participation quota. The settlement must be paid 60 days before the beginning of the journey. For bookings taking place after the above-mentioned dates, the whole sum must be paid at the moment of executing the booking.
The price of the tourist package is indicated in the contract, according to what has been written in the catalogue (on paper or electronic), in the extra-catalogue programme, or possible updates of the catalogues or the extra-catalogue programmes which might have been done afterwards.
The price can be changed until 20 days before the departure, according to the following variations only:
- transportation costs, including the fuel cost;
- taxes and fees on some kinds of tourist services, such as landing and embarkation fees, in ports and airports;
- exchange rates applied to the pack in question.
As for such variations, they will be referred to the exchange rates and to the above-mentioned costs, as well as to the relevant prices quoted in the journey estimate carried out at the moment of forwarding the booking application.
No price variations will be admitted in accordance with currency fluctuations lower than 3 percent.
7. WITHDRAWAL OF THE CUSTOMER
The customer can withdraw from the Contract, without paying fines, in the following cases:
- Price increase over 10 percent, due to the reasons specified in the paragraph 6;
- Meaningful modification of one or more elements of the contract, which can objectively be defined fundamental for the fruition of the tourist package taken as a whole, and proposed by N.O.W. after the subscription of the contract itself, but before the departure, not accepted by the customer.
In the above-mentioned cases, the customer has, alternatively, the right to:
- Take advantage of an alternative tourist package, without extra price or with the restitution of the overcharge, in case the second tourist package had a value lower than the first one.
- Get the restitution of the only part of the price which has already been given. Such restitution must take place within seven working days from the moment of the receipt of the repayment request.
The customer will submit his decision (to accept the modification or to recede) within two working days from the moment in which he received the modification or the increase notice. In case explicit notice of submission should be missing within the above-mentioned term, the proposal formulated by the organizer is accepted.
The customer, who should withdraw from the contract before the departure, (apart from the cases listed in the first sub-section) will have to pay, as a withdrawing sum, the following amounts:
(irrespective the first instalment under paragraph 5, first sub-section, 25 percent of the participation quota):
50 percent up to 30 working days before the beginning of the journey and/or stay;
100 percent after such terms. The same sums must be paid by those who should not make the journey owing to lack or irregularity of the personal documents which are necessary for going abroad. The traveller who should decide to break his journey or stay, which has already begun, has no right to any restitution.
8. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE THE DEPARTURE
In case before the departure N.O.W. communicates, in writing, that one or more services of the tourist pack cannot be supplied, proposing an alternative solution, the customer can either have the restitution of the sum paid or accept the offer of another substitutive package tour (in accordance with the second and the third sub-sections of item 7 above).
The customer can exercise the above-mentioned rights even when the cancellation depends on the unsuccessful attempt to achieve the minimum number of participants written in the catalogue (in paper or electronic), or in the extra-catalogue programme, or else, it depends on events owing to circumstances beyond one’s control and fortuitous events, connected with the purchased package tour.
As for the cancellations due to reasons other than those caused by events owing to circumstances beyond one’s control, fortuitous events and unsuccessful attempt to achieve the minimum number of participants, as well as for those which are different from the customer’s refusal of the offered alternative package tour (in conformity with item 7 above, revoking former item no. 1469 bis and no. 5 of Civil Code), N.O.W. will give back the customer a double sum, with respect to what he himself has already paid and which was received by N.O.W..
The restitution sum will never be higher than the double of the sums owed by the customer on the same date, in accordance with what has been stated by item 7 above, 4th sub-section, in case the cancellation depended on him.
9. MODIFICATIONS AFTER THE DEPARTURE.
In case after the departure N.O.W. cannot supply, for any reason (apart from an event strictly depending on the customer) an essential part of the services included in the contract, it will have to provide alternative solutions, without extra-charges to be paid by the contracting party. If the value of the supplied services is lower than the value of the estimated ones, the value of the difference must be given back.
In case no alternative solution is possible, that is the solution offered by N.O.W. is refused by the customer for serious and justified reasons, the organizer will provide a means of transport free of charge. Such means of transport must be equivalent to the original one, which should have been used for going back to the place of the initial departure, or to another possibly pre-established place, in so far as means of transport and seats are available. The customer will be refunded in accordance with the difference between the cost of the estimated services and the cost of the services granted up to the moment of anticipated return.
The renouncing customer can be replaced by a different person, in case:
a) N.O.W. is informed in writing at least 4 working days before the date fixed for the departure, receiving at the same time a notice concerning the name and address of the assignee;
b) the substitute meets all the conditions for the fruition of the service (former item 10 of Leg.ve Decree 111/95), and in particular, the requirements relating to passport, visas and health certificates;
c) the replacing subject refunds N.O.W. all the expenses paid to start the substitution, in accordance with the sum which will be communicated to him before the cession.
Furthermore, the assignor and the assignee are jointly and severally responsible for the payment of the settlement, as well as for the sums under letter c of this item.
As for some kinds of services, it may happen that a third party service supplier does not accept the modification of the assignee name, even if it has been carried out within the terms under letter a of the present item. Therefore, N.O.W. will not be responsible for the possible unsuccessful acceptance of the modification by third-party service suppliers. This unsuccessful acceptance will be immediately communicated by N.O.W. to the parties in question, before the departure.
11. OBLIGATIONS OF THE PARTICIPANTS.
The participants shall have to be equipped with personal passports or other documents valid for all the countries in the route, with the tourist and transit visas, and with the health certificates which might possibly be required. Furthermore, the participants will have to follow the rules of ordinary cautiousness and diligence, the specific rules in force in the countries which are going to be part of the journey, all the information supplied by N.O.W., as well as the regulations and administrative and/or legislative provisions relating to the package tour. The participants will be asked to answer for all the damage suffered by N.O.W. because of their incapacity to follow the above-mentioned obligations. The customer must give N.O.W. all the documents, the information and the elements owned by himself, which might be useful for exercising the subrogation right of the latest towards third parties, responsible for the damage. The customer is held responsible by N.O.W. for the detriment of the subrogation right. At the moment of the booking, the customer will also communicate in writing to N.O.W., the needed details which might possibly be part of specific agreements, such as journey instructions, provided their accomplishment is possible.
12. HOTEL CLASSIFICATION
The official classification of hotel structures is given in the catalogue (in paper or electronic) or in other information material, just in case it will be explicitly and formally pointed out by the competent authorities of the country in which the service is supplied. In absence of official classifications recognized by the competent Public Authorities of the countries which are also members of the European Union, to which the service refers – with the aim of pointing out in detail the quality characteristics of the hotel accommodations offered and make the customer well aware of his choice – N.O.W. reserves the right to supply, in catalogue or leaflet, its own quality evaluation of the receptive structure.
N.O.W. answers for the damage done to the customer because of the total or partial non-fulfilment of the services described in the contract, either if these are performed by himself or third-party suppliers, unless it proves that the event depends on the customer (including initiatives taken by himself independently, during the execution of tourist services), or on events not linked with the supply of the services described in the contract, fortuitous events, force majeure or else by circumstances which N.O.W. itself might not reasonably foresee or solve, on the basis of a principle of professional care. Under no circumstances will the seller, receiving the booking of the package tour, answer for the obligations coming from the journey organization. However, the seller is solely responsible for the obligations coming from its intermediary activity, in conformity with the responsibility limits fixed by the above-mentioned laws or conventions.
14. COMPENSATION LIMITS
Under no circumstances will the compensation due to N.O.W. for person damages be higher than the compensation indemnities described by international conventions, with reference to the performances whose non-fulfilment caused the responsibility, that is the Warsaw Convention of 1929 about international air transportation, the text modified at The Hague in 1955; the Berna Convention (CIV) about railway transportation; the Brussels Convention of 1970 (CCV) about the journey contract for every case of responsibility of the organizer. In any case, the compensation limit cannot exceed the sum of 2,000 Germinal gold francs for property damage, fixed in item 13 no. 2 CCV, and 5,000 Germinal gold francs for any other damage”, as well as for those fixed in item 1783 of Civil Code.
15. ASSISTANCE OBLIGATION
N.O.W. is obliged to perform assistance to the customer, on the basis of a principle of professional diligence, solely with reference to its obligations, or by contract or law regulation. N.O.W. and the possible seller are exempt from their responsibilities (items 13 and 14), whenever the unsuccessful or wrong execution of the contract depends on the customer or depended on a inevitable or unforeseeable third-party event, that is on a fortuitous or force-majeure event.
16. COMPLAINTS AND DENUNCIATIONS
Every unsuccessful execution of the contract must be notified by the customer on the very moment of its happening. In this way N.O.W., its local representative or the escort can immediately remedy it.
Also, the customer can make a complaint by sending a registered letter, with receipt note, to N.O.W. or to the reseller, within 10 working days from the date of the return to the place of the departure.
17. REPATRIATION EXPENSES INSURANCE
In case they are not explicitly included in the price, at the moment of the booking at the offices of N.O.W. or of the seller, it is possible, or rather, advisable, to subscribe special insurance policies covering the expenses deriving from accidents and luggage. It will also be possible to subscribe an assistance contract covering repatriation expenses in case of accidents and decease.
18. GUARANTEE FUND
This Guarantee Fund is available at The General Direction for Tourism of the Ministry of Productive Activities. In case of insolvency or bankruptcy by the seller or the organizer, the customer can turn to this Fund (in accordance with item 21 Legislative Decree 111/95), for covering the following needs:
a) repayment of the price paid;
b) repatriation, in case of journeys to foreign countries.
Furthermore, this Fund must give an immediate economic availability in case of forced return of tourists from non-EEC members, on occasion of emergencies due or not due to the organizer’s behaviour.
The intervention ways of the Fund are fixed by means of a Decree of the President of the Council of Ministers of 23/07/1999, no. 349 of the Official Gazette no. 249 of 12/10/1999 (in conformity with item 21 no. 5, Legislative Decree 111/95).
GENERAL CONDITIONS OF THE SALE CONTRACT OF SINGLE TOURIST SERVICES
The contracts concerning the transportation and accommodation offer only, that is, any other separate package tour, since they cannot be considered contractual cases of journey organization, that is of package tour, are ruled by the following provisions of CCV: items no. 1, no. 3 and no. 6; items from 17 to 23; items from 24 to 31 - as far as the estimates different from those concerning the organization contract are concerned, as well as by other agreements which might have been specifically referred to the sale of the single service in the contract.
B) CONTRACT CONDITIONS
To these contracts, the following items of the above-mentioned general conditions of the sale contracts concerning package tours can also be applied: item 4, first sub-section; item 5; item ; item 7; item 8; item 9 ; item 10, first sub-section; item 11; item 15; item 17. The application of these items does not absolutely determine the structures of the relevant contracts, like package tour contracts. The terminology of the above-mentioned items, concerning the package tour contract (organizer, journey, etc.) is therefore to be referred to the corresponding figures of the sale contract of single tourist services (seller, accommodation, etc.).
Notice - in conformity with the Law.
COMPULSORY COMMUNICATION IN CONFORMITY WITH ITEM 16 OF THE LAW 269/98
The Italian Law punishes the crimes concerning prostitution and juvenile pornography by means of reclusion, even if these crimes are committed abroad.
All personal data will be dealt with in compliance with the provisions of the Law 675/1996, and that the handling of personal data is meant for the Company to carry out the performances which are the object of the tourist pack. In any case, personal data will not be communicated to third-parties, and they can be cancelled any time, on request by the customer.