TourAround entrusts the technical organization of its travels to the Viaggi Rallo travel agency, thus the terms and conditions of the Viaggi Rallo travel agency will apply, unless otherwise specified.
TourAround entrusts the technical organization of its travels to Agenzia Viaggi Rallo, thus the terms and conditions of Agenzia Viaggi Rallo will apply, unless otherwise specified.
The general conditions governing the sale of package tours and single tourist services approved by Assotravel, Assoviaggi, Astoi Fiavet are published on the website of Agenzia Viaggi Rallo as well as on the purchase proposal of the tourist package/ service.
TERMS AND CONDITIONS OF SALE OF TOURIST PACKAGES
The sale of package tours, which encompass services to be provided in both national and international territories, is governed – until it is repealed in accordance with art. 3 of Legislative Decree. N. 79 of 23 May 2011 (the “Code of Tourism” Cod. Tur.) – by Law No. 1084 of 27/12/1977 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 as applicable and by the Tourism Code (Art. 3251) and its subsequent amendments.
The Organizer and the intermediary of the package, to which the Customer can be directed, must be certified to perform their respective activities under the applicable administrative norms, as well those governing the region. Under Article 18, paragraph VI, of the Cod. Tur, the use in the company name of the words “travel”, “travel agency”, “tour operator”, “travel broker” or other words and phrases, even in a foreign language, of a similar nature, are only permitted to qualified companies mentioned in the first paragraph.
For the purpose of this agreement the following definitions shall apply:
CONCEPT OF TOURIST PACKAGE
The notion of tourist package is as follows: “Tourist packages concern trips, holidays, ” all inclusive ” tours, tourist cruises, resulting from the combination, by anyone and in any way created, of at least two of the following elements, sold or offered for sale at a flat rate: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation under Article. 36, which constitute the satisfaction of recreational needs of Customers, a significant part of the “package” (art. 34 Cod. Tur.). The Customer is entitled to receive a copy of the sales contract of the tourist package (drawn up in accordance with the procedures of Art. 35 Cod. Tour.). The contract is gives the right to access the Guarantee Fund referred to in art. 21.
CUSTOMER INFORMATION – TECHNICAL DATA SHEET
The Organizer provides for within the printed catalog or program – or in electronic form or electronically – a technical data sheet. The mandatory elements of the technical data sheet of the catalog or brochure not found within the catalog are:
– details of the administrative authorization or, if applicable, the D.I.A. or S.C.I.A. of the Organizer;
– Details of the insurance of civil liability;
– Validity period of the catalog or program not found within the catalog;
– Terms and conditions for traveler substitution (Art. 39 Cod. Rd.);
– Parameters and criteria for adjusting the price of the journey (Art. 40 Cod. Rd.).
The Organizer shall also include in the technical data sheet any further particular conditions. At the time of conclusion of the contract the Organizer will also inform passengers about the identity of the actual carrier, subject to Art. 11 of Reg. EC 2111/2005, and its / their potential inclusion in the cd. “Black list” under that regulation.
The booking request has to be made on the appropriate form, if in electronic form, it must be completely filled in and signed by the customer, who will receive a copy. The reservation agreement is considered complete, with consequent conclusion of the contract, only when the Organizer sends confirmation, even by electronic form, to the Customers via the intermediary travel agency. The Organizer will provide, before the toursits departure, the information regarding the the package not already contained in contractual documents, brochures or other written media, as required by art. 37, paragraph 2 Cod. Tur. Under Article. 32, paragraph 2, Cod. Rd., In the case of contracts entered into from long distance or away from actual business premises (as respectively defined in Articles. 50 and 45 of Legislative Decree no. 206/2005), the Organizer reserves the right to communicate in writing that there is no right of withdrawal as forseen by provisions in Articles. 64 and ss. of Legislative Decree no. 206/2005.
The amount of advance payment, up to a maximum of 25% of the price of the package, is due at time of booking and the date by which the balance must be paid, must be made prior to departure, and will appear on the catalog, brochure or other similar document. Failure to pay the amounts above on the established dates, will effectuate an express termination clause, which will be determined by the intermediary agency and/or the Organizer, giving the right to termination.
The price of the package is determined in the contract, with reference to what is stated in the catalog, or program not within the catalog, and subject to any subsequent modifications made to the catalogs or programs. Changes can be made up to 20 days before departure and may apply to the following:
For these changes we will refer to the exchange rates and to the costs mentioned above in effect on the date of publication of the program, as indicated in the technical data sheet of the catalog or on the date of any updates above. Fluctuations will affect the fixed price of the package in the percentage expressly indicated in the technical data sheet of the catalog or brochure program.
CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Before departure, the Organizer or the seller who needs to make significant changes to one or more elements of the contract shall immediately notify the Customer in writing indicating the type of change and the resulting change in the price. If the Customer does not accept the proposed amendment referred to in paragraph 1, the Customer can either exercise the right to reacquire the sum already paid or to enjoy the offer of an alternative tour package replaced under the 2nd and 3rd paragraph of art. 8. The Customer may exercise the rights provided for above even when the cancellation depends on the failure to reach the minimum number of participants described in the catalog or program not within the catalog, or in cases of force majeure and unforeseeable circumstances, regarding purchased tour packages. For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as other non-acceptance by the Customer of the alternative tourist package offered, the organizer that cancels (art. 33 letter. And Cod. Cons.) will return to the Customer twice what was paid and deposited by the organizer, via the travel agent. The refunded sum must not exceed double the amount by which the Customer would be liable on the same date in accordance with art. 10, paragraph 4 if he had to cancel.
WITHDRAWAL OF THE CUSTOMER
The Customer can withdraw from the contract without paying penalties in the following cases:
– Increase in the price referred to in art. 8 in excess of 10%;
– Significant modification of one or more elements of the contract considered fundamental for the enjoyment of the package as a whole and proposed by Organizer after the conclusion of the contract, but before departure and which was not accepted by the Customer.
In the cases mentioned above, the Customer has the right either:
-To take advantage of an alternative tourist package, without extra cost or with the a return of money, if the second package has a value lower than the first;
-The refund of the amount already paid. This refund must be made within 7 working days of receipt of the refund request.
The Customer must communicate his decision (to accept the change or withdraw) no later than 2 business days from the moment he received the notice of increase or change. In the absence of express notice within such period, the proposal formulated by the Organizer shall be considered accepted. The Customer who withdraws from the contract before the departure outside the assumptions listed in paragraph 1, will be charged regardless of the payment of art. 7, paragraph 1 the cost of operating expenses, the penalty in the amount indicated in the technical data catalog or program not within the catalog or customized trip, any amount of insurance cover requested at the time of conclusion of the contract or other services already rendered. In the case of organized groups such payments will be agreed from time to time at the signing of the contract.
CHANGES AFTER DEPARTURE
If for any reason after the departure the Organizer is unable to provide the Customer, except for justifiable cause, an essential part of a service included in the contract, the Organizer will provide alternative solutions at no extra cost to the Customer and if the services provided are of lower value than those stipulated the Organizer shall refund that difference. If it is not possible to make such arrangements, or the new proposal is refused by the Customer for serious and justified reasons, the Organizer will provide without additional charge, a means of transport equivalent to that originally planned for their return to the place of departure or to any other agreed place, according to the availability and will compensate the difference between the cost of the services provided up to the moment of the early return.
The Customer may be substituted by another person provided that:
The transferor and transferee are jointly and severally liable for payment of the balance due and the amounts referred to in subparagraph d) of this article. Further terms and conditions of substitution are indicated in the technical data sheet.
OBLIGATIONS OF CUSTOMERS
During the negotiations and before concluding the contract, Italian citizens will be given written general information updated to the date of printing of the catalog relating to health requirements and documentation needed for expatriation. Foreign citizens shall avail themselves of the corresponding information through their diplomatic representations in Italy and/or their official government information channels. In any case, the Customer shall ensure, prior to departure, to verify any updates with the competent authorities (for Italian citizens the local Police headquarters or the Ministry of Foreign Affairs through the site www.viaggiaresicuri.it or the telephone helpline at number 06491115) and conform to the requirements before the trip. In the absence of such verification, no responsibility for missed departure of one or more Customers may be attributed to the seller or the Organizer. Customers will have to inform the seller and the Organizer of their citizenship and, when leaving, shall ensure to be in possession of certificates of vaccination, individual passport and any other document valid for all countries visited, as well as stay and transit visas, and health certificates that may be required. In addition, in order to assess the health and safety situation of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the Customer shall retrieve (making use of information sources indicated in paragraph 2) official information from the Ministry of Foreign Affairs and to determine whether it is formally discouraged to travel to the country(ies) of destination. Customers must also follow the rules of prudence and diligence in the countries of destination, according to the information provided by the Organizer, as well as the regulations, administrative or legislative, relating to the tour package. Customers will be liable for all damages that the Organizer and/or the intermediary may suffer because of the failure to comply with the above-mentioned obligations, including the costs necessary for their return. The Customer must provide the Organizer with all documents, information and evidence in its possession that may be useful to exercise of the right of subrogation against third parties responsible for damage sustained and is responsible to the Organizer of prejudice with regards to interference with the right of subrogation. Customers must also communicate in writing to the Organizer, at the time of booking, any special personal requests that may form specific agreements on the modality of travel arrangements, provided that these are possible to implement. The Customer is obliged to inform the intermediary and the Organizer of any needs or special conditions (pregnancy, food allergies, disabilities, etc….) and to explicitly specify the request for personalized services.
The official classification of hotels is provided in the catalog or other informative material based on the express and formal indications of the relevant authorities of the country where the service is provided. In absence of official classifications recognized by the relevant public authorities of the Country members of the EU where the service is provided, the Organizer reserves the right to provide in the catalog or brochure, his own description of the accommodation, to permit an evaluation and subsequent acceptance of it by the Customer.
The Organizer is liable for damages caused to the Customer due to the total or partial performance of the contract, whether these are performed personally by the Organizer or by third party service providers, unless it is proven that the event was caused by the Customer (including initiatives undertaken by the latter during the execution of tourist services) or by unforeseeable or unavoidable circumstances done by third parties and which go beyond the provision of services under the contract, by accident, by force majeure, or by circumstances that the Organizer could not, according to professional diligence, reasonably foresee or forstall.
The intermediary, where the Customer booked the tour package, is not liable under any circumstances for the obligations arising from the organization of the trip, but is responsible for the obligations arising from his role as intermediary and, in any case, within the limits for such responsibility under current norms governing the matter, except as provided for in art. 46 Cod. Tur.
The compensation under Articles. 44, 45 and 47 of the Code. Tur. and relevant statute of limitations, are governed by the regulations made thereunder and in any case within the limits established by the CCV, .From the international conventions governing the services covered of the tourist package well as in Articles 1783 and 1784 of the Civil Code.
OBLIGATION OF ASSISTANCE
The Organizer is required to lend the necessary assistance to the Customer in accordance with the criterion of professional care with exclusive reference to its obligations under the provisions of law or contract. The Organizer and the intermediary are exempt from their responsibilities (art. 15:16 of the General Conditions), when the failure or improper performance of the contract is attributable to the Customer derives from a third party’s unforeseeable or unavoidable event, or it is caused by a fortuitous event or force majeure.
COMPLAINTS AND CLAIMS
Any breach during the execution of the contract must be contested by the Customer during the use of the package by means of timely submission of the complaint so that the Organizer, its local representative or the guide may immediately remedy. Otherwise the damages will be reduced or excluded in accordance with Article. 1227 c.c. The Customer must – under penalty of forfeiture – make a complaint by sending a registered letter with acknowledgment of receipt or other means guaranteeing proof of receipt, to the Organizer or the intermediary no later than ten working days from the date of return to the place of departure.
INSURANCE AGAINST COSTS OF CANCELLATION AND REPATRIATION
If not expressly included in the price, it is possible and advisable, to stipulate during booking at the offices of the Organizer or the seller special insurance policies against expenses deriving from the package, possible accidents and events relating to luggage. It shall also be possible to enter into a service contract covering costs of repatriation in case of accidents, illness, incidentals and / or force majeure. The Customer will exercise the rights under these contracts exclusively against the Insurance Company policyholders, under the conditions and in the manner provided by these policies.
ALTERNATIVE DISPUTE RESOLUTION
In accordance with Art. 67 Cod. Tur. the Organizer may propose to the Customer – found within the catalog, on its website or in other forms – modes of alternative resolution to arising disputes. In this case the Organizer shall indicate the type of alternative resolution and the obligations that such resolution entails.
GUARANTEE FUND (art. 51 Cod. Tur.)
The National Guarantee Fund set up to protect consumers who are in possession of a contract, provides for the following needs in the event of insolvency or bankruptcy of the intermediary or Organizer:
a) reimbursement of the price paid;
b) repatriation in case of travel abroad.
The fund must also provide immediate economic resources in the event of forced return of tourists from non-EU countries in case of emergency whether or not due to the Organizer. The modes of intervention by the Fund are established by Presidential Decree of the Council of Ministers of 23/07/99, n. 349 and case brought forth for reimbursement to the Fund are not subject to any limitation period. The Organizer and the intermediary contribute to supply the Fund as established by paragraph 2 of Article. 51 Cod. Tur. through the payment of the insurance premium that is mandatory, a share of which is paid to the Fund in the manner provided by art. 6 of the Ministerial Decree 349/99.
GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE SERVICES
A) REGULATORY PROVISIONS
The contracts for the supply of the only transport service, the single service of accommodation or any other separate tourist service can not be configured as organization of a trip or tourist package, are governed by the following provisions of the CCV : art. 1, n. 3 and n. 6; Articles. 17 to 23; Articles. 24 to 31 (limited to the parts of those provisions that do not relate to organization contracts) and other agreements concerning the sale of a single service contract. The seller who agrees to provide to third parties, even electronically, a an unbundled tourist service, is required to issue to the Customer documents relating to this service, that indicate the amount paid for the service and can not in any way be considered tour organization.