GENERAL CONDITIONS OF THE CONTRACT OF SALE
Introduction.
Identification of the tourist and travel agency
www.valtellinaturismo.com offers the service of a travel agency through its own associate Tourist and Travel Agency
IBITIS of "Valtellina Travel T.O. s.r.l." holder of authorisation for the opening of a tourist and travel agency no. 1/04 protocol no. 35743 – with the head office in:
Via Serottini, 4 23037 Tirano (SO)
Tel.: +39 0342 703959
Fax: +39 0342 701562
e-mail: info@ibitis.it sito Internet: www.ibitis.it
Registered Office: Via Pedrotti, 1 Tirano (SO) – Tax Registration Number: 00821050143/SO – Authorised Share Capital: € 30.000 - Economic and Administrative Index: 62122
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Concept of Tourist package
In accordance with art. 2(1) Legislative Decree 111 dated 17th March 1995 implementing Directive 90/314/EEC: the tourist packages have as an object the trips, the holidays and the
“all inclusive” packages resulting from the pre-arranged combination of at least two of the elements indicated hereunder, sold or offered for sale at a lump sum, and of a duration
exceeding 24 hours, that is extending themselves for a period of time including at least one night: a) transport; b) accommodation; c) tourist services which do not form part of the
transport or accommodation (omissis) ... which constitute a significant part of the "tourist package".
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Legislative sources
The contract having as object the sale of tourist packages is regulated by the clauses indicated in the documentation of the trip handed to the traveller Consumer apart from the
present conditions. The said contract, is regulated by the Law 27/12/1977 no. 1084 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in
Brussels on 23.4.1970 as well as the aforementioned Leg. Decree 111/95 both if the contract has as objective services for sale in the National territory or abroad.
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Reservations
The request for a reservation may be carried out only after the acceptance on behalf of the Consumer of the present general conditions. The acceptance of the reservations is subject to
the execution of the relative payment, with the consequent conclusion of the contract, only in the moment in which the organizer sends the exchange voucher even through transmission of data.
The indications relating to the tourist package not contained in the notes or in the details of the offer, or in other means of communication, will be furnished, or indicated in the relative
journey documents, by the organizer in regular fulfilment of the duties due by him according to the Legislative Decree 111/95 in useful time before commencement of the journey.
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Payments
The consumer will see to it to pay the whole amount in a single payment according to the modalities indicated in the reservation form, and, in any case, within and not exceeding the 8 (eight)
working hours following the booking of reservation. The non-execution of payment in the established terms constitutes a resolute clause mentioned in the contract, such as to determine the decision,
saving the compensation for other damages sustained by the Organizer.
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Cost
The cost of the tourist package and/or the journeys and/or the stays and/or the tourist services considered individually is indicated for each offer in the “reservation” form. Other payments due by
the traveller will always be specified in the accessories section, in the notes and details of the offer.
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Withdrawal by the consumer.
In consideration of the timing and the modalities with which it operates, Ibitis of Valtellina travel T.O. s.r.l. does not consider nor accepts any type of cancellation of the trip and for no reason,
not even of an exceptional character. It will not reimburse the sum, or part thereof, paid for the purchase of the trip.
- Cancellation of the tourist package
In the case where, prior to the departure, the organizer communicates his impossibility to supply the services object of the tourist package, the Consumer can exercise the rights mentioned in art.
13 of the Leg. Dec. 111/95. This is possible only where the cancellation does not depend on something which is imputable to him.
- Essential modifications of the contract by the operator
Prior to the departure the operator can modify in a significant way one or more main elements of the contract communicating it immediately to the Consumer indicating the type of modification.
In consideration of the normal practice both be it for technical operative reasons or commercial reasons, the transport Companies reserve the option to modify the time-tables and the flight schedules,
as well as the type or the Company owner of the means used. As soon as the organizer receives the communication, Ibitis of Valtellina travel T.O. s.r.l. binds itself to communicate the modifications
to the Consumer, in case where these compromise in its substance the fruition or the quality of the service agreed upon. By virtue of the above mentioned practice, and with the aim of avoiding cases
of non-receipt of the communication of the modification due of the untraceability of the consumer, the latter is bound to contact Ibitis of the Valtellina travel T.O. s.r.l. on: +39 0342 703959 twenty four
hours prior to the departure to get to know about eventual modifications.
- Modifications after the departure
In the case where after the departure, the organizer finds it impossible to furnish for any reason, with the exception of a cause of the Consumer, an important part of the contract, the organizer must
arrange alternative solutions, without additional price supplements to be charged to the consumer and should the services provided be of a lower value in respect of those foreseen, compensate him the
amount equivalent to the difference. In the case where no other alternative solution results possible, that is the Consumer refuses the solution arranged by the organizer for serious and justified reasons,
the organizer will furnish without additional payment, a means of transport equivalent to the one originally foreseen for the return to the point of departure or to a different place eventually agreed upon,
compatible with the availability of the means and the seats and will compensate him in a measure which is equivalent to the difference in the cost of the foreseen performances and that of the performances
carried out till the moment of the anticipated return.
- Replacements
The renouncing Client may be replaced by another person, but Ibitis of the Valtellina travel T.O. s.r.l. in consideration of the timing and the modalities with which it operates, and with the exception of
scheduled flights, envisages for each transfer or replacement of the traveller a refund of expenses of 50.00 (fifty) Euros to be paid by the same traveller. It remains clear that, should a transfer be registered,
the name and the particulars of the transferee, as well as those of the new traveller, must be immediately indicated to Ibitis of the Valtellina travel T.O. s.r.l. on tel. number: +39 0342 703959 or by e-mail at info@ibitis.com.
Valtellina travel T.O. s.r.l. reserves the acceptance thereof on the basis of the terms in which the request has been presented. The incoming person will however be firmly responsible with the transferor for the payment
of the total cost, as well as the refund of expenses of the present article.
- Duties of the participants
The participants must be provided with individual passport or any other document which is valid for all the places to be visited during the trip, as well as of visitor’s visa and transit visas and of health certificates
which may eventually be required. Besides, they must abide to the observations of the rules or normal diligence and precaution, to all the information provided by the organizer, as well as the regulations and the administrative
or legislative dispositions relating to the tourist package. The participants with be held responsible for all the damages which the organizer will suffer as a cause of their non-fulfilment of the afore-examined obligations.
The consumer is bound to provide the organiser with all the documents, the information and the elements in his possession which are useful for the exercise of the right of subrogation of the latter vis-à-vis third parties
responsible for the damage and is responsible towards to organizer of the prejudice brought about to the right of subrogation. The Consumer will also communicate in writing to the organizer, upon reservation, those required
particulars which can eventually form an object of specific agreements on the procedures of the trip, always admitting that their accomplishment results possible.
- Classificazione alberghiera
The official classification of the hotels is provided only when it is expressly and formally indicated by the relevant authorities of the country where the service is provided, in the absence of official classifications recognised
by the relevant Public Authorities of the countries even those which are CEE members to which the relating service refers, it is established by the organizer according to his own criteria of the appraisement of the quality standards.
- Scheme of responsibilities
The organizer is answerable for the damages caused to the Consumer as a cause of the total or partial non-fulfilment of the contractual performances due, either if these are carried out by him personally or by third parties providing
the services, as long as he does not prove that the event is derived from some action of the Consumer (thereby including autonomous initiatives assumed by the latter in the course of the execution of the tourist services) or from one
which is extraneous to the provision of the performances as listed in the contract, from a fortuitous case, from force major, i.e. from circumstances which the same organizer could not, according to the professional diligence, reasonably
foresee or resolve. The seller with whom the reservation of the tourist package has been made is not answerable in any case for the obligations arising from the organisation of the trip, but is exclusively responsible for the obligation
arising from his quality of intermediary or in any case within the limits for said responsibility provided for in the above mentioned laws or conventions.
- Compensation limits
The compensation due from the organizer cannot in any case exceed the compensation for damages provided for in the international conventions with reference to the services the non-fulfilment of which has determined the responsibility,
both contractually or extra-contractually: and precisely the Warsaw Convention of 1929 on international air transport in the text modified at The Hague in 1955; the Berne Convention (CIV) on the railway transport; the Paris Convention of
1962 on the responsibilities of the hoteliers, in the text according to art. 1783 and the following c.c.; the Brussels Convention of 1970 (CCV) on the responsibility of the organizer. In any case the compensation limit for damages other
than those inflicted to the person cannot exceed the total of "5,000 francs for any other damage" as prescribed in art. 13(2) CCV. In case where the original test of the above-mentioned conventions is amended, or new international
conventions regarding the services in relation to tourist packages become effective, the compensation limits prescribed from the uniform sources of the law in force at the time of the occurrence of the harmful event will apply.
- Obligation of assistance
The organizer is bound to impart the measures of assistance to the Consumer enforced by the criteria of professional diligence exclusively with reference to his legal and contractual obligations. The organizer is not responsible toward the
Consumer for the non-fulfilment by the seller of the his obligations.
- Complaints and reports
The Consumer under risk of forfeiture in accordance with art. 19(2) Leg. Decree 111/95, must report in writing, in the form of complaint, to the organizer, the differences and the flaws in the tourist package, as well as the defaults of its
organization or realization, upon their occurrence to allow the organizer to remedy thereto in a timely and efficient manner. The Consumer must also file a complaint by registered mail, within 10 days from the date of the foreseen return to
the departure point. If the complaints are submitted in the place where the tourist operations are carried out, the organizer must provide the Consumer with the assistance requested in the preceding art. 13 with the aim of reaching a quick
and equitable solution. The organizer must provide in the same way, even in the case when the complaint is submitted at the end of the services, guaranteeing in any case a quick reply to the requests of the consumer.
- Insurance covering the expenses of cancellation and repatriation
Unless expressly included in the price, prior to the departure, it is possible or rather advisable to underwrite at the offices of the organizer or of the seller, special insurance policies covering the expenses deriving from the cancellatio
of the package, accidents and luggage. It will also be possible to enter into a contract of assistance which covers the expenses of repatriation in case of accidents and illnesses.
- Guarantee Fund
Provision is being made, at the Presidency of the council of ministers, for the setting up of a National Guarantee Fund to which the Consumer may address himself, in accordance with art. 21 Leg. Dec. 111/95, in the case of insolvency or
bankruptcy of the seller or the organizer, for the protection of the following needs: a) refund of the price paid; b) his repatriation in case of trips abroad. The fund must also provide an immediate economic availability in the case
of a forced repatriation of tourists from non-E.U. Countries in the case of emergencies whether imputable or not to the behaviours of the organizer. The modalities of the operation of the Fund are established by decree of the President
of the Council of Ministers in accordance with art. 21(5) Leg. Dec. 111/95.
- Arbitration clause
On mutual agreement in accordance with art. 29 CCV, the disputes arising from the application, interpretation and execution of the contract are subjected to the judgement of an Arbitration Court composed of three members, two of which
are nominated, by each of the two parties to the case, within and not after 30 days from the relative request; the third arbitrator, with the functions of President, will be nominated by mutual agreement by the arbitrators already designated,
or in the lack of agreement, by the President of the Law Court of Milan. The office of the Arbitration Court, which has its established seat in Milan, will decide ritually and according to law, with a final arbitration award, deposited within
90 days from the composition of the three member arbitral, subject to an eventual tentative of conciliation.
ADDENDUM
General conditions of the contract of sale of single tourist services.
A. Regulatory dispositions
The contract, having as object only the sale of transportation service, the accommodation, or any other separate tourist service, not configuring as a contractual case of organisation of a trip or of a tourist package, is regulated by
the following dispositions of the CCV: art. 1(3) and (6); From Art 17 to art. 23; from art. 24 to art. 31, with regards to dispositions differing from those relating to the contract of organization.
B. Conditions of contract
To such contracts, the following clauses of the general conditions of contract of sale of tourist packages listed above, are applicable: art. 3(1); art. 4; art. 6; art.7; art. 8; art. 9(1); art. 10; art. 14(1); art. 15; and art. 17.
The application of said clauses does not determine absolutely the configuration of the relative contracts as case in question of a tourist package. The terminology of the quoted clauses relating to the contract of the tourist package
(organizer, trip, etc.) is to be therefore understood with reference to the corresponding figures of the contract of sale of the single tourist services (seller, stay, etc.).
C. Information note and consent in accordance with Law 675/1996
The law number 675 of 31st December 1996 aims at guaranteeing that the handling of personal data is carried out in the respect of the rights, of the fundamental freedoms and of the dignity of the individuals, with particular reference
to the confidentiality and the personal identity.
The law establishes that the person receives information regarding the purposes and the procedures of the handling of his personal data and that the interested person is asked to express his consent in writing. The handling of data,
for which Ibitis of Valtellina travel T.O. s.r.l. is requesting the consent, becomes necessary to carry out obligations in terms of law and contract and for the correct exercise of all its rights.
Art. 13 Act 675/1996 (Rights of the interested person))
In relation to the handling of the personal data, the interested person has the right: to be aware by means of a free access to the register according to article 13(1)(a) the existence of handling of data which may concern him;
to be informed of what is indicated in art. 7(4), letters a), b) and h); to obtain under the direction of the owner or of the person responsible without any delay: the confirmation of the existence or otherwise of personal data
which regard him, even if these have not yet been registered, and the communication in an intelligible form of the same data and their origin, as well as the reason and the purpose for which the handling is done; the request may
be renewed, with the exception of the existence of justified reasons, with a lapse of time not less than ninety days; the cancellation, the transformation in an anonymous form or the blocking of the handled data in breach of law,
including those the conservation of which is not necessary in relation to the purposes for which the data have been collected or successively handled: the updating, the rectification or, should it be of interest, the integration
of the data; the certification that the operations in accordance with numbers 2) and 3) have been brought to the knowledge even for what concerns their content, of those to whom the data have been communicated or circulated, with
the exception of the case when such implementation proves to be impossible or entails the use of means manifestly disproportionate in respect of the protected right; to oppose, in whole or in part, for legitimate purposes, to the
handling of the personal data which regard him, even though relevant for the purpose of the collection; to oppose, in whole or in part, to the handling of the personal data which regard him, with the aim to provide commercial
information or to the mailing of advertising material or for direct selling or for the carrying out of market research of for interactive commercial communication and to be informed by the owner, not beyond the moment in which
the data have been communicated or circulated, of the possibility to freely exercise such right. For each request in accordance with subsection 1, letter c), number 1), the interested part may be asked, where there is no confirmed
existence of the data which regards him, a handling charge, not exceeding the costs which actually have sustained according to the modalities and within the limits established by the norm in accordance with article 33(3). The rights
referred to in subsection 1 referring to personal data concerning deceased persons may be exercised by anybody having interest to do so. In the exercise of the rights according to subsection 1 the interested party may confer in writing,
a devolvement or a power of attorney to physical persons or to associations. The regulations relating to the personal secrecy of those who exercise the profession of journalists, limited to the source of the news are still applicable.
N.B. "Mandatory Communication in accordance with art. 16 of Law 269/98. The Italian law punishes with imprisonment the crimes relating to prostitution and child pornography, even if these are committed abroad.
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