Art. 1
APPLICABLE NORMS
The contract is regulated by the following forecasts and from the legislative decree n. 111 of the 17 March 1995, from the directive 90/314/CEE, from the international conventions in subject, and particularly from the Convention of Bruxelles of the 23 April 1970, made executive with law 29 December 1977, n. 1084, from the Convention of Varsavia of the 12 October 1929 on the international aerial transport, made executive with law 19 May 1932, n. 41, from the Convention of Berna of the 25 February 1961 on the railway transport, made executive with law 2 March 1963, n. 806, in how much applicable to the services object of the tourist packet, as well as from the forecasts in subject of the civil code and the other norms by law inside, in how much not derogated by the previsions of this contract.
Art. 2
HOLIDAY PACKAGES
To the senses of the art. 2 of the Legislative Decree 17/03/95, n.111, realization of the directive 90/314/CEE:
The tourist packets have for object the trips, the vacations and the circuits "all inclusive", resultant from the preset combination than at least two of the elements below, sold or offered in sale at a package price, and of superior duration to the twenty-four hours or for a period of time including at least one night:
a) transport;
b) accomodation;
c) touristic services not accessories to the transport or to the lodging of which to the art. 7, letters i) and m), that constitutes meaningful part of the "holiday package."
Art. 3
BOOKING
The acceptance of the bookings is subject to the availability and will become effective with the subsequent conclusion of the contract, only in the moment in which the organizer will also send a written confirmation, also with e-mail . The agency of trip retailer, in possession of the authorization to the senses of the art.9 of the law May 17 1983, n.217, can release to the Consumer to the senses of the art.6 of the Legislative Decree 111/95, copy of the contract, only if already in possession of the confirmation of which to the precedent paragraph.
The travel agency retailer has towards the organizer the juridical form of intermediary over that of seller. The indications related to the tourist packet not contained in the contract, in the catalogue, or in other means of communication, they will be furnished by the organizer as expectation by the Legislative Decree 111/95 in useful time before the beginning of the trip.
Art. 4
PRICE
The price of the holiday package is determined in the contract. It can be modified up to 20 days before the departure and only following variations of cost of the aerial transport and imposed on the hotel and tourist services.
Art. 5
PAYMENT
When the booking is confirmed it must be paid an account equal to the 30% of the total amount. The balance must be versed seven days before the beginning of the trip.
For the bookings made within seven days before the beginning of the trip, the whole amount must be versed at the time of booking.
Art. 6
CONTRACT RELEASE
If the Consumer is unable to take advantage of the holiday package, he can surrender the contract to another person, provided it meets all conditions and requirements for the use of the services covered by the holiday package. In such case the Consumer must give communication of his own intention to surrender the contract to the travel agent and to the organizer by registered letter recommended with mail confirmation or, in case of urgency, telegram or fax, which must be received within and not over 4 working days before the departure, indicating the generality of the transferee (name, last name, date of birth, citizen etc.). Following the transfer, the transferor and transferee are jointly and severally obligated for payment of the vacation package and the costs arising from the disposal to the extent that these are quantified with the communication.
Art. 7
NEEDS OF THE TRAVELLER
The consumer is required to disclose in writing at the time of booking any special requirements. The organization, after verifying the readiness to receive them, will give written confirmation, together with the notification of any additional costs.
Art. 8
CHANGES BEFORE THE DEPARTURE
For the changes required by the Consumer, after the booking has already been confirmed, it will be charged € 15, - per person in addition to possible penalties for flights and hotel accommodations that will be quantified as appropriate.
Art. 9
CHANGES AFTER THE DEPARTURE
After the departure, if an essential service under the contract can not be made, the organizer shall make suitable alternative arrangements for the continuation of scheduled trips not involving charges of any kind charged to the consumer, or reimburse the latter the difference between the services originally planned and carried out, except compensation for further damages, which is proved by the consumer. If you can not make such arrangements or the consumer acceptance for a just cause, the organizer provides an equivalent means of transportation for the return to the place of departure or at another place agreed, consistent with the availability of means and seats, and return the difference between the cost of benefits provided and that the services provided until the time of anticipated return.
Art. 10
RECESSION CONTRACT
10.1. - The consumer has the right to terminate the contract without incurring any penalty under the following assumptions:
• Increases in the price of the package specified in the contract, to an extent exceeding 10%;
• essential changes to the contract requirements after the conclusion of the contract by the organizer and not accepted by the consumer. To this end it is stated that the consumer must provide written notice to the organizer's choice to accept or terminate within two business days of receiving the proposed amendment.
In cases mentioned, or when the organizer cancels the package tour before departure for any reason except for the fault of the consumer, the latter has the following alternative rights:
• take a substitute package of equivalent quality or if not available, at no extra charge higher prices, or a package of lower quality, with a refund of the price difference;
• receive the portion of the price already paid, within seven working days from when the notice of intention to withdraw or not to accept the alternative proposal, under the following paragraph, or for cancellation.
The consumer must provide written notice to the organizer's decision to withdraw or to benefit from alternative tourist package no later than two days of receipt of the alternative proposal. Also, if not provide specific proof, the consumer shall also be entitled to compensation for any damage he had suffered more depending on the non-performance of the contract. The consumer is still entitled to compensation for further damages, when the cancellation of the trip depends on the failure to achieve the minimum number of participants, as may be specified in the special conditions and the consumer has received notice of failure to achieve at least twenty days before the date fixed for the departure, or when the cancellation due to causes beyond our control.
10.2. - If the consumer wishes to withdraw from the contract outside the assumptions listed above in paragraph 10.1 will apply the following cancellation penalties:
20% of the share up to 15 days before departure;
30% of the share 14 to 9 days before departure;
50% of the share 8 to 3 days before departure;
80% of the share 2 days before the day of departure.
Art. 11
ORGANIZER RESPONSIBILITIES
The responsibility of the organizer to the consumer for any damage suffered as a result of the failure or incorrect performance of obligations under this contract shall be governed by the laws and international conventions referred to in art.1. Therefore, in no event shall the liability of the organizer, on whatever incident, the consumer exceed the limits prescribed by laws and conventions mentioned above, in connection with the alleged damage. The travel agent (seller) with whom the reservation has been made of the package tour, does not respond in any way the obligations arising from the organization of the trip, but it meets the obligations arising solely in its capacity as agent and not to the extent that liability prescribed by laws and conventions mentioned above. Is excluded in any case, the responsibility of the organizer and seller where the breach alleged by the Consumer due to causes attributable to the consumer, or attributable to a third party unconnected with the provision of benefits under the contract, or is due to unforeseeable circumstances or to force majeure. The organizer also can not be held liable for any damages arising from services provided by unrelated third parties are not part of the package tour, or that result from autonomous initiatives taken by consumers during the execution of the trip.
Art. 12
ASSISTANCE
The organizer is required to provide measures to assist the consumer imposed by the criterion of professional diligence only in respect of obligations bear for provisions of law or contract. The organizer is not liable to the consumer for default by the seller of the obligations imposed on it.
Art. 13
SIGNALLING OF COMPLAINT
Any lack of enforcement of the contract must be challenged by the consumer without delay so that the organizer, its local representative ol'accompagnatore will remedy the situation promptly. The consumer must also be subject to revocation under Article .19 Legislative Decree 17 March 1995, Nos. 111, complaint by sending a registered letter with acknowledgment of receipt, the organizer and the seller, by no later than 10 working days from the date of return to the place of departure.
Art. 14
INSURANCE COVERAGE
Il Quadrante S.r.l. is covered by insurance policy n.39902260 with the company General Insurances S.p.A. for the civil responsibility of which to the art.15 and 16 of the Legislative Decree n.111 of March 17 1995.
Art. 15
GUARANTEE FUND
1. Is hereby established within the Presidency of the Council of Ministers - section 43 on charges relating to tourism and entertainment - a national guarantee fund to enable, in case of insolvency or bankruptcy of the seller or organizer, a refund of the price paid and repatriation of the consumer in case of travel abroad, and to provide an immediate economic availability in case of forced return of tourists from non-EU countries during emergencies, whether or not due to the behavior of the organizer. The methods of intervention by the Fund shall be established by the Decree of the President of the Council under Article .21 No.5 of the Legislative Decree n.111/95.