Regulations, conditions and insurance
REGULATIONS AND GENERAL CONDITIONS (Package holiday’s sale contract)
- Contracts and Liabilities. The contract as detailed in this brochure are regulated by the general conditions and by the clause indicated in the travel documents given to the client. This contract is also regulated by the Law 27/12/97 n°1084 ratifying and executing the International Convention signed in Brussels on 23/4/70 and by the legislative decree 111/95. Transnational’ s liability shall not exceed under any circumstances the limits as set out by the above-named Laws.
- Bookings. The request for a Booking must be compiled on the paper Booking form, filled-in in every detail and signed by the client. The Booking is accepted subjet to the availability of seats and is deemed confirmed, and therefore initiating the contract,only after a written confirmation by the organiser . the travel agency, with a regular licence to operate, will only be able to give to the client, as in the Article 6 legislative decree 111/95, a copy of the contract when in possession of the confirmation. Information relating to the package holiday not part of the contractual documents, leaflets, or other means of communication will be given by the organiser according to its own obligations set out by the legislative decree 111/95 in good time before the start of the journey.
- Payments of enrolment fees. At the moment of Booking a sum equal to 30% of the enrolment fee must be paid and the all entrance fee to the residence. It must be paid by 30 days before the departure. Non-payment of the above stated sums on the dates will constitute a cancellation clause as set out in the contract but retain the possibility of reimbursement of further damages suffered by the organiser.
- Validity of enrolment fees. Enrolment fees are calculated on the basis of the rates in use in the moment of the press. At any moment they can change because of the tourist facilities or of the carrier’s rates. If the price rate goes beyond of the 10%, the guest can back out of a contract gratis. But he must communicate it in writingto the organiser by 2 working days from the communication of the rise. Otherwise the rise will be considered accepted.
- Withdrawal by the client.
On withdrawing from the contract the client will be subject to cancellation fees not exceeding the ones stated below:
- A) Stay in Hotel. 20% of the total enrolment fee from 30° to 15° working day before the beginning of the stay; 30% of the total enrolment from 14° to 9° working day before the beginning of the stay; 50% of the total enrolment fee from 8° to 3° working day; 100% of the enrolment fee from the 6° working day to no show.
- B) Stay in Residence or flat. 30%of the total enrolment fee up to 30° working day before the beginning of the stay; 50% of the total enrolment fee from 30° to 14° working day before the beginning of the stay; 75% of the total enrolment fee from 14° to 7° working day before the beginning of the stay; 100% of the enrolment fee from the 6° working day to no show. In case of groups we will agree upon the sums when the contact will be signed. No refund will be given if the client withdraws during his stay.
- Replacement. A client wishing to withdraw is able to be replaced by a different person provided that the organiser is informed in good time for any alterations to be made, in any case 4 working days before the start of the stay. And provided that there are no problemswith the accommodation in hotel. The guest who renounce must pay the entrance fee and all the necessary costs for any change.
- Change of stay. Any change by the guest to a booking already made will bind the organiser only if and within the limit of the change to be effected . any request for a modification, relate to a name change, type and/or number of rooms, boarding, date of departure, will be subject to a fee equal to € 15,00.
- Guest’s obligations. Guests must observe the rules of normal prudence and diligence, be aware of the information given by the organiser, follow the legal or the administrative regulations and provisions relating to the package holiday. Guests will be liable of all damages suffered by the organiser due to their non compliance to the above-named obligations. The guest must give to the organiser all the documents, information and relevant elements to enable the organiser the right of subrogation towards the third party responsible for damage and is responsible towards the organiser of any prejudice suffered by the right of subrogation. The consumer will notify the organiser in writing at the time of booking all the special requests that will eventually be part of specific agreements on the formality of the holiday trip, provided that implementation is possible.
- Organiser’s responsibility. The organiser is responsible for all the damages suffered by the guest because of the partial or total default in providing the services as per contract, irrespective of said services been provided by the organiser himself or by a third party provider except when it is provided that the damage has been caused by the guest or by an event outside the scope of the services provided as per contract, by pure chance or by circumstances beyond one’s control or by circumstances that the organiser could not, having taken due professional care, reasonably expect or resolve. Transnational is responsible only towards what is specifically indicated in this catalogue.
- Limits of the refund. The refund due by the organiser will not in any case be more than the total of the refund provided for by the International Conventions relating to the responsibility for services not provided inside or outside the contractual terms and in particular the Warsaw Convention, the Bern Convention and the Paris Conventions (1962) regarding the responsibility of the hotel keeper as stated in article 1783; the Brussels Convention (1970) relating to the responsibilities of the travel organiser. In any case the limit of damages, distinct from the personal ones, cannot be more than the amount of “5000 gold French francs germinal for any other damage” provided by the article 13 n° 2. in the case of the original text of the above-named Conventions been modified or in the case of new Conventions relating to the services of a package holiday coming into force then the limit of damages will be established according to the uniform sources of the laws in force when the detrimental event took place.
- Duties of giving assistance. The organiser is bound to give any type of assistance to the guest as per professional standard solely relating to its own obligation set up by law or by contract. The organiser is not responsible towards the guest for the non delivery of any of the seller obligation.
- Complaints and denunciations. The consumer, must inform in writing, in order to avoid a forfeit penalty, in the form of a complaint, the organiser of any dissimilarities or errors contained in the tourist package and the defaults in the organisation or not delivery when they occur or, if not immediately recognisable, by 10 days from the day of the return to the resort departure. When the complaints are presented in the place where the services were not delivered the organiser must provide the consumer with the assistance required by the above-named article 12 in order to reach a speedy and satisfactory solution. Equally the organiser will take action in case of a complaint presented at the end of its services, with a guarantee of a speedy reply to the consumer’s demands. Maximum care has been taken by the organiser in compiling this catalogue so that the various descriptions correspond to the reality; all the information has been checked when writing the text and in any case is guaranteed by the provider of the services. Nevertheless, due to the fact that the catalogue is compiled way ahead of the actual delivery of the services, if in the meantime there is a change affecting the original description of the collateral services, the organiser will not deemed to be responsible in any case. Moreover, sports and recreational structures ( such as: pool, disco, mini-market, animation, sports courses, mini-club) can not work because of climatic conditios. It must also be stated that the photos and the illustrations of the interiors of the properties appearing in the catalogue are only an example and cannot be used as a source of complaint.
- Insurance against the cancellation fees. Before departure it is possible, even advisable to take out an insurance policy in the offices of the organiser against expenses in case of cancellation of the package purchased.
- Classification of hotels. The classification of the hotels and of the accommodation facilities is recognized by the relevant Public Authority.
- According to the Article 16 of the Law 269/98 the Italian Law punish with imprisonment crime relating prostitution and juvenile pornography, even if committed abroad.
- Insurance. Insurance policy n° 548420503 of “GARIGE Assicurazioni”.
- Place of jurisdiction. For any controversy relating to the present contract the place of jurisdiction will be Latina. If agreed it will be possible to resolve the controversy transferring the judgement to a court of arbitration that will decide according to the principles of the Law.
- Validity of the catalogue. This catalogue is valid from 06/01/2009 to 31/12/09.