GENERAL CONDITIONS OF CONTRACT FOR SALE OF TOURIST PACKAGES
- LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in both national and foreign territory, is governed by Law No. 12/27/1977 No. 1084 ratification and execution of the International Convention on the travel contract (CCV) signed in Brussels on 23.4.1970 – as applicable – as well as by the Consumer Code referred to in Legislative Decree n. 206 of 6 September 2005 (Article 82-100) and its subsequent amendments.
The organizer and the seller of the tourist package, to which the consumer refers, must be authorized to carry out the respective activities according to the applicable administrative regulations.
For the purposes of this contract:
a) travel organizer, the person who carries out the combination of the elements referred to in the following art. 4 and is obliged in its own name and towards a lump sum to procure tourism packages to third parties;
b) seller, the subject who sells or undertakes to procure tour packages made in accordance with the following art. 4 towards a lump sum payment;
c) consumer of tourist packages, the purchaser, the assignee of a tourist package or any person to be named, provided that he fulfills all the conditions required for the use of the service, on behalf of which the principal contractor undertakes to purchase without remuneration a tourist package.
- CONCEPT OF TOURIST PACKAGE
The notion of a tourist package is as follows:”The package deals with travel, holidays and circuits” all inclusive “, resulting from the pre-established combination of at least two of the elements listed below, sold or offered for sale at a lump sum price, and lasting more than 24 hours , or extending over a period of time comprising at least one night:
c) tourist services not ancillary to transport or accommodation (omitted) ……. which constitute a significant part of the “tourist package” (Article 84 of the Consortium Code).
The consumer has the right to receive a copy of the tourist package sale contract (pursuant to articles 85 and 86 of the Consumer Code), which is also a document to access the Guarantee Fund pursuant to art. 20 of these General Terms and Conditions.
- OBLIGATORY INFORMATION – TECHNICAL SHEET
- Technical organization Lakinion Travel By Meridia Tour S.r.l. Via Nazionale, 254 – 88070 Botricello (CZ);
- Administrative authorization No. 001069 of 26/01/1999, Regional Law No. 12 of 10 April 1995. Assessment of Tourism Calabria Region;
- R.C. insurance policy Professional No. 102573967 with a ceiling of Euro 2,066,000.00, stipulated with the Insurance Company Unipol / Sai SpA, in accordance with the provisions of Article 50 of the Tourism Code
The reservation request must be made on a specific contract form, if electronic, completed in its entirety and signed by the customer, who will receive a copy. Acceptance of bookings is considered to be finalized, with the consequent conclusion of the contract, only when the organizer sends confirmation, also by computer system, to the customer at the seller travel agency. The indications relating to the tourist package not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer in regular fulfillment of the obligations provided for by art. 87, paragraph 2 of the Code of Cons. before the start of the journey.
The measure of the deposit, up to a maximum of 25% of the price of the package, to be paid at the time of booking or at the time of the binding request and the date by which, before departure, the balance must be paid from the online catalog, from the brochure or from what else. Failure to pay the sums referred to above on the established dates constitutes an express termination clause which determines, by the intermediary agency and / or the organizer, the termination of the right.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or out-of-catalog program and to any updates of the same catalogs or out-of-catalog programs subsequently intervened. It may be changed up to 20 days prior to departure and only as a consequence of changes in:
– transport costs, including the cost of fuel;
– fees and taxes on certain types of tourist services such as taxes, landing fees, disembarkation or embarkation in ports and airports;
– exchange rates applied to the package in question. For these variations, reference will be made to the exchange rates and costs referred to above in force on the date of publication of the program as reported in the technical sheet of the catalog, or on the date reported in any updates referred to above.
The oscillations will affect the lump-sum price of the tourist package in the percentage expressly indicated in the technical sheet of the catalog or out-of-catalog program.
- CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Before departure, the organizer or seller who needs to change significantly one or more elements of the contract, immediately gives written notice to the consumer, indicating the type of change and the change in price that follows.
If you do not accept the amendment proposal referred to in paragraph 1, the consumer may alternatively exercise the right to reacquire the sum already paid or to enjoy the offer of a replacement tourist package in accordance with the second and third paragraphs of Article 10.
The consumer can exercise the above-mentioned rights even when the cancellation depends on the failure to reach the minimum number of participants provided for in the catalog or in the program out of the catalog, or cases of force majeure and fortuitous events, relating to the package purchased. For cancellations other than those caused by force majeure, by chance and failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the consumer of the alternative tourist package offered, the organizer that cancels, (Art. 33 letter E of the Consumer Code) will return to the consumer twice the amount paid and collected by the organizer, through the travel agent.
The sum object of the refund will never be more than twice the amount of which the consumer would have the same debtor date in accordance with the provisions of art. 10, paragraph 4 if he were to cancel.
- WITHDRAWAL OF THE CONSUMER
The consumer can withdraw from the contract, without paying penalties, in the following cases:
– increase in the price referred to in the previous art. 8 in excess of 10%;
– significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the package of tourism considered as a whole and proposed by the organizer after conclusion of the contract but before departure and not accepted by the consumer.
In the cases mentioned above the consumer has alternatively rights:
– to take advantage of an alternative tourist package, without a surcharge or with a refund of the excess price, if the second tourist package has a lower value than the first;
– to return only the part of the price already paid. This return must be made within seven working days from the receipt of the reimbursement request.
The consumer must give notice of his decision (to accept the change or to withdraw) no later than two working days from the time he received the notice of increase or change. In the absence of express communication within the aforementioned term, the proposal formulated by the organizer is considered accepted.
To the consumer who withdraws from the contract before departure outside the hypotheses listed in the first paragraph, will be debited – regardless of the payment of the deposit as per art. 7 paragraph 1 – the individual cost of practical management, the penalty in the following measure:
– 30% of the participation fee up to 30 working days before departure;
– 50% of the participation fee from 29 to 12 working days before departure;
– 75% of the participation fee from 11 to 4 working days before departure;
– 100% of the participation fee after these terms.
In the case of pre-established groups, these sums will be agreed from time to time upon signing the contract.
- CHANGES AFTER THE DEPARTURE
If after the departure the organizer finds it impossible to provide for any reason, except for a fact of the consumer, an essential part of the services included in the contract, he will have to prepare alternative solutions, without any price premiums to be paid by the contractor and if the services provided are of a lower value than those envisaged, reimburse it equal to this difference.
If no alternative solution is possible, ie the solution prepared by the organizer is refused by the consumer for proven and justified reasons, the organizer will provide without a surcharge, a means of transport equivalent to the original one provided for the return to the place of departure or to the different place eventually agreed, compatibly with the availability of vehicles and places, and will reimburse it to the extent of the difference between the cost of the services provided and that of the services performed up to the time of early return.
The renouncing consumer can be replaced by another person provided that:
a) the organizer is informed in writing at least 4 working days before the date set for departure, simultaneously receiving communication about the reasons for the replacement and the generality of the transferee;
b) the transferee satisfies all the conditions for the use of the service (pursuant to Article 89 of the Consob Code) and in particular the requirements relating to the passport, visas and health certificates;
c) the same services or other services in substitution can be provided following the replacement;
d) the substitute reimburses to the organizer all the additional expenses incurred to proceed with the substitution, to the extent that will be quantified before the transfer.
The transferor and the transferee are jointly responsible for the payment of the balance of the price, as well as the amounts referred to in letter d) of this article. The additional terms and conditions of replacement are indicated in the technical data sheet.
- CONSUMER OBLIGATIONS
During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided in writing with general information – updated at the date of printing of the catalog – concerning the health obligations and the documentation necessary for expatriation. Foreign citizens will find the corresponding information through their diplomatic representations present in Italy and / or the respective official government information channels.
In any case, before departure, consumers will check the update with the competent authorities (for Italian citizens the local police headquarters, or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it, or the Telephone Operational Center at 06.491115), adjusting before the trip. In the absence of such verification, no responsibility for the missed departure of one or more consumers can be attributed to the seller or the organizer.
Consumers will have to inform the seller and the organizer of their citizenship and, at the time of departure, they will have to definitively check that they have the vaccination certificates, the individual passport and any other document valid for all the countries affected by the itinerary, as well residence and transit visas and health certificates that may be required.
Furthermore, in order to assess the health and safety situation of the destination countries and, therefore, the objective usability of the services purchased or purchased, the consumer will find (using the information sources indicated in paragraph 2) the official information of a nature General at the Ministry of Foreign Affairs expressly indicating whether the destinations are subject to formal advice or not.
Consumers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of destination of the trip, with all the information provided to them by the organizer, as well as with the administrative or legislative provisions relating to the tourist package. . Consumers will be called to answer for all the damages that the organizer and / or the seller were to suffer also due to failure to comply with the obligations indicated above.
The consumer is obliged to provide the organizer with all documents, information and elements in its possession useful for the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible to the organizer of the injury caused to the right of subrogation.
The consumer will also communicate in writing to the organizer, at the time of booking, the details
In the case of pre-established groups, these sums will be agreed from time to time upon signing the contract.
The consumer is obliged to provide the organizer with all documents, information and elements in its possession useful for the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible to the organizer of the injury caused to the right of subrogation.The consumer will also communicate in writing to the organizer, at the time of booking, the particular personal requests that may be the object of specific agreements on the travel arrangements, provided that it is possible to implement them.
The consumer is always required to inform the Seller and the Organizer of any special needs or conditions (pregnancy, food intolerance, disability, etc.) and to explicitly specify the request for related personalized services.
- HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog or in other informative material only on the basis of the express and formal indications of the competent authorities of the country where the service is provided.
In the absence of official classifications recognized by the competent Public Authorities of the Countries also members of the EU to whom the service refers, the organizer reserves the right to provide in the catalog or in the brochure a description of the accommodation, such as to allow an evaluation and consequent acceptance of the same by the consumer.
- LIABILITY REGIME
The organizer is liable for damages caused to the consumer due to the total or partial non-fulfillment of the contractually due services, whether they are carried out by him personally or by third party service providers, unless he proves that the event is derived from fact of the consumer (including initiatives taken by the latter independently during the execution of the tourist services) or by circumstances outside the provision of the services provided in the contract, by chance, force majeure, or circumstances that the organizer could not , according to professional diligence, reasonably to foresee or resolve.
The seller where the tourist package has been booked does not under any circumstances meet the obligations arising from the organization of the trip, but is solely responsible for the obligations arising from his quality as an intermediary and in any case within the limits established for this responsibility by the regulations in force in the field.
- LIMITS OF COMPENSATION
Compensation for damages can not in any case exceed the limits indicated in art. 94 and 95 of the Consumer Code.
- OBLIGATION OF ASSISTANCE
The organizer is obliged to provide the measures of assistance to the consumer imposed by the criterion of professional diligence exclusively in reference to the obligations borne by law or contract.
The organizer and the seller are exempted from their respective responsibilities (Article 15 and 16 of these General Conditions), when the failure or incorrect execution of the contract is imputable to the consumer or is due to the fact of a third party of an unpredictable or inevitable nature, or it was caused by a fortuitous event or force majeure.
- COMPLAINTS AND DENUNCI
Any failure in the execution of the contract must be contested by the consumer without delay so that the organizer, his local representative or the accompanying person can promptly remedy it. Otherwise the contractual breach can not be contested.The consumer must also – under penalty of forfeiture – make a complaint by sending a registered letter with acknowledgment of receipt to the organizer or seller, no later than ten working days from the date of return to the place of departure.
- INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price it is possible, and indeed advisable, to stipulate at the time of booking at the organizer’s or seller’s offices, special insurance policies for MEDICAL EXPENSES ON TRAVEL AND TRAVEL ASSISTANCE, at a cost of € 10.00 per person for the duration of 60 days, and € 20.00 for the duration of 90 days. For more details see our website under “INSURANCE GUARANTEES”
- GUARANTEE FUND
Lakinion Travel to protect the traveler in case of insolvency or bankruptcy has joined the Private Fund:
“FUND TRAVEL GUARANTEE” certificate n. A / 3.69 / 2/2018 constituted by Garanzia Viaggi S.r.l. based in Via Nazionale n. 60 -00184 Roma CF 13932101002.
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts relating to the offer of only the transport service, stay, or any other separate tourist service, not being able to be configured as a case of negotiation of travel organization or tourist package, are governed by the following provisions of the CCV: art. 1, No. 3 and No. 6; art. from 17 to 23; art. from 24 to 31, as regards the forecasts different from those relating to the organization contract, as well as from other agreements specifically related to the sale of the single service object of the contract.
B) CONTRACT CONDITIONS
The following clauses of the general terms and conditions of sale contract for the abovementioned tourist packages are also applicable to these contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of these clauses does not determine the configuration of the relative contracts as a type of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, travel, etc.) should therefore be understood with reference to the corresponding figures of the contract for the sale of individual tourist services (seller, stay, etc.).
Mandatory communication pursuant to Article 17 of Law No. 38/2006
Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad. Respect for children’s rights knows no borders.