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CONDITIONS OF CONTRACT FOR SALE
THE PACKAGE TOURS
All tours have to be
booked to MaranelViaggi by e-mail or by fax (+39 0536932882). All the tours and
excursions are on request and can be considered valid only after our booking
confirmation. Upon confirmation we will inform the exact names of hotel booked
PRESENTATION AT MEETING
As the majority of our
tours do not include pick-up from hotel, we ask to all clients to be in time to
meeting points in order to not loose it ( usually meeting time is 10 – 15
minutes prior departure ). In this eventual case, no reimbursement will be
granted to any client who is not at the place of pick – up/ departure at time
established. Similarly, no reimbursement will be granted to client who loose
contact with the guide or who do not complete the tour/excursion.
CHANGE & CANCELLATIONS
It may happen that, due
to operational difficulties, or reasons beyond our control, the tours companies
may be forced to change or cancel the tour in program. Tours companies reserve
the right to cancel or reschedule any tour departure in accordance with
operation requirements. Tour companies reserve the right to alter price if major
increases occur during the course of the year.
MaranelViaggi / tours
companies are not responsible for any loss of personal valuables, luggages or
object during the tours, or for any loss of personal items which are left on
tours, or for any damage caused by third
parties to personal
items during the tour. We are not also responsible for partial or total closure
of museums, monuments and churches, delays or irregularities caused by third
parties. Then an alternative itinerary and visits to other museums will be
proposed, without any variation to the established tariff, and client will be
informed prior to departure. In the event of unforeseen schedule or itinerary
changes beyond control, tour companies reserve the right give no reimbursement
for the money paid.
For all individual above
mentioned Tours following cancellation policy will be applied:
- for cancellation made
within 16 working day prior departure: no penality
- for cancellation made
from 15 to 8 working days prior departure: 35% penality
- for cancellation made
from 7 to 4 working days prior departure: 60% penality
- for cancellation made
from 3 to 1 working day prior departure: 80% penality
- for no-show: 100%
For to all groups
incentive abovementioned Tours following cancellation policy will be applied:
- for cancellation made
within 30 days prior departure: no penality
- for cancellation made
from 29 to 15 working days prior departure: 40% penality
- for cancellation made
from 14 to 5 working days prior departure: 60% penality
- for cancellation made
from 4 to 1 working day prior departure: 80% penality
- for no-show: 100%
Any complaint by the
client must be communicated in writing to MaranelViaggi within and no later than
10 working days after the date of the tour. After this them we are not obliged
to check complaints with delay and no eventual rembursement will be approved.
1) Background and concept of package tour
a) Legislative Decree No 111, 17/03/95 implementation of Directive 90/314/EC
provides a consumer protection organization and that the seller of the package,
which targets the consumer, must be in possession of administrative
accomplishment of their activities (Article 3 / 1 letter. A legislative decree.
b) the consumer has the right to receive a copy of the contract of sale of the
package (with art. 6 of legislative decree. 111/95), which is essential to
access document possibly to the Guarantee Fund in Article . 18 of these
Conditions of Contract.
The notion of "package" (Article 2 / 1 d.lgs. 111/95) is as follows:
tour packages have to cover travel, package holidays and package tours, from
pre-arranged combination of at least two of the items below, sold or offered for
sale at a price, and lasting more than 24 hours or covering a period of time
including at least one night:
c) tourist services not ancillary to transport or accommodation (omitted) ....
That a significant proportion of the "package".
2) legislative sources
The contract of sale of the package is governed not only by these conditions,
including the terms delivered to the consumer of travel document. That contract,
whether the subject has to provide services in national territory and abroad,
will also be governed by the provisions - as applicable - of L. 27/12/1977 No
1084 ratification and implementation of the Convention on International Travel
Contracts (CCV) signed in Brussels on 23/04/1970 and by the above Legislative
3) Required - Datasheet
Organizer has the obligation to perform in the program catalog or out of print a
data sheet. The elements required to be included in the catalog of technical or
program are out of print:
à Extremes of administrative organizer;
Extreme to the liability insurance policy;
à Shelf life of the catalog or the program out of print;
à Currency for the purpose of currency adjustments, day or value.
The application for reservation must be made on contract form, if appropriate
electronic completed in its entirety and signed by the customer, who will
receive a copy. The acceptance of reservations is improved, thus concluding the
contract only when Organizing receive the confirmation, even through system.
The particulars of the package is not contained in the contract documents, in
brochures or other means of written communication will be provided by the
regular in fulfillment of its obligations under a load of legislative decree.
111/95, in good time before the voyage.
The extent of the advance, up to 25% of the price of the package, payable at
time of booking or upon request and challenging the date by which before
departure must be paid the balance sheet resulting from technique. Failure to
pay the amounts above the dates set is expressed resolving such clauses to be
determined by the organizer of the intermediary or the resolution of law.
The price of the package is determined in the contract, with reference to what
is stated in the catalog or program out of print and updates of the same
catalogs or programs out of print, then intervened. It can be changed up to 20
days before departure and only as a result of variations:
à Transportation costs, including the cost of fuel;
à Rights and taxes on certain types of tourism services such as taxes, landing
fees, landing or boarding in ports and airports;
à Exchange rates applied to the package in question.
For these changes we will refer to the current exchange rate and above costs
into force on the date given in the datasheet.
Fluctuations affect the price in the same percentages reported.
7) Withdrawal of consumer
The consumer may cancel the contract without paying penalties, in the following
à Increase the price of the preceding art. 6 in more than 10%;
Amendment to a significant one or more elements of the contract objectively
regarded as essential for the enjoyment of the whole package and by the proposal
after the conclusion of the contract but before departure and not accepted by
In the cases mentioned above, the consumer has the right either:
For à have an alternative package, no extra money or the refund of excess money,
if the second package is less than the first;
To return to the only part of money already paid. The refund will be made within
7 working days since receiving the request for reimbursement.
The consumer must give notice of its decision (to accept the amendment or
withdrawal) no later than two business days from the moment he received the
notice of increase or change. In the absence of express notice by that date, the
proposal made by means accepted. The consumer who terminates the contract before
departure outside the assumptions listed in the first paragraph will be charged
net of advance paid for in art. 5 / 1 paragraph of the amount of penalty to the
extent indicated in the technical program of the catalog or out of print (not
counting the cost of individual management practice). In the case of pre groups
such payments will be agreed upon from time to time to sign the contract.
8) Change or cancellation of the package before departure
In the event that, before departure, the organizer communicate in writing its
inability to provide one or more of the services covered by the package,
proposing an alternative, the consumer will either exercise the right to regain
the sum already paid or to enjoy the offer of a package proposed replacement
(under the 2nd and 3rd paragraph of art. 7).
The consumer may exercise the rights mentioned above even if the cancellation
depends on the failure to reach the number of expected participants in the
program catalog or out of stock, or cases of force majeure and circumstances
relating to the package purchased.
For cancellations other than those caused by force majeure, by accident and
failure to achieve the minimum number of participants, including those from
various non-acceptance by consumers of the package offered alternative, the
organizer annulling (ex art. 1469 bis 5 Cod. Civ.), Will return to the consumer
twice as paid and received by the organizer.
The sum covered by the refund will never be more than twice the amounts which
the consumer would be on the same day debtor as provided by art. 7, 4th
paragraph, where he had to cancel.
9) Changes after departure
The organizer, where after the departure is unable to provide, for any reason,
except for just a fact of the consumer, an essential part of the services
covered in the contract, must provide alternative solutions, without additional
cost to the Contracting and where the solutions were of value less than those
stipulated repay in an equivalent manner to that difference.
If it is not possible any alternative solution or the solution proposed by the
consumer is refused for valid and justifiable reasons, the organizer will
provide, at no extra price, half of transport equivalent to that originally
planned for their return to their departure or other place eventually agreed,
subject to the availability of the means and places and reimburse the extent of
the difference between the cost of benefits provided and the services provided
until early return.
The customer defeatist can be replaced by another person if:
a. the organizer is informed in writing within 4 working days before the date
set for departure, receiving the same communications on the identity of the
b. the substitute meets all the conditions for the proper use of the service (ex
art.10 d.lgs.111/95) and in particular the requirements for passports, visas and
c. the successor entity to the organizer refunds all expenses incurred for the
replacement to the extent that will be quantified before the sale. The
transferor and transferee are jointly liable for the payment of the balance of
price and the amounts referred to the letter d c) of this article. In response
to certain types of services, this could lead third service provider does not
accept the change of the name of the assignee, even if done within the period
referred to in paragraph a). The organizer will not be responsible for any
rejection of the amendment by third parties service providers. This rejection
will be promptly notified by the interested parties before departure.
11) Obligations of participants
Participants must have individual passports or other valid for all countries
affected dall'itinerario and residence visas and transit and health certificates
that were eventually applied. They also must keep with the normal rules of
prudence and diligence and those specific force in the trip, all information
provided by them, and the regulations or administrative and legislative
provisions relating to the package. Participants will be asked to answer all the
damage that the organizer had to find and suffer as a result of non compliance
to the above mentioned.
The consumer is required to provide all documents to the organizer, the
information and facts in its possession relevant to the exercise of the right of
subrogation of the latter against third parties responsible for the damage and
is responsible to the organizer of injury applied to the right of subrogation.
The consumer is required to provide the organizer, in writing at the time of
reservation requests personal details which may be subject to specific
agreements on how to travel, provided that it is possible to implement.
12) Classification of hotels
The official classification of hotels is provided in the catalog or other
information only under the expressed 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
authorities of the countries where the service is, the organizer reserves the
right to provide in its catalog a description of the structure that allows the
consumer a meter of its staff assessment of the extent and level accommodation.
13) Regime of responsibility
The organizer is liable for damages caused to consumers by reason of breach
subtotal performance contractually due, is that they are given by him personally
or from third party service providers, unless evidence that the event is derived
from the fact consumer (including initiatives by consumers during the execution
of tourist services) or by circumstances outside the provision of the provisions
in the contract, by accident, by force majeure or circumstances that the
organizer could not, according to the professional Reasonably foresee or
forestall. The seller in which the reservation was made of the package is not
responding in any case stemming from the bonds of the trip but is solely
responsible for obligations arising from its status as an intermediary and to
the extent such liability provided by laws or conventions and projected above.
14) Limits of compensation
The compensation for damage caused by the person may in any case be greater than
the allowance provided for compensation under international conventions in
relation to benefits whose failure has given the responsibility: namely the
Warsaw Convention of 1929 on international air transport in amended Hague in
1955, the Berne Convention on the rail (CIV), the Brussels Convention of 1970 (CCV)
on the travel contract for each assumption of responsibility organizer. In each
case the claim can not exceed the amount of "2000 gold francs Germinal" for
damage to property under Article 13 No. 2 CCV and Franchi 5000 gold Germinal for
any other damage and to those established by ' Art. 1783 Cod. Civ.
15) Duty to Help
The organizer is obliged to provide exceptional assistance to the consumer
imposed by the criterion of care professional solely by reference to its
obligations borne by law or contract.
The organizer and the seller are exempt from its responsibility (Articles 13 and
14) when the failure or incorrect execution of the contract is attributable to
the consumer or stemmed from the fact of a third character unpredictable or
unavoidable, or by accident or force majeure.
16) Claims or complaints
Each absence in the contract must be challenged by the consumer without delay so
that the organizer, his local representative ol'accompagnatore you put timely
Consumers can also complain by sending a letter with acknowledgment of receipt
to the organizer or the seller, not later than ten working days from the date of
return to town.
17) cost of insurance cancellation and return
The signing of this insurance policy is considered mandatory to protect
consumers, and is regulated by side.
The consumer subscription on demand reservation will either:
a) take out the insurance policy submitted with the application, reflecting on
the prize (which will be fully refunded in case of rejection of application);
b) provide written proof from this conclusion by its other insurance policy with
the same subject, under the same conditions and with the same insurance limits.
18) Guarantee Fund
E 'established at the Directorate General for Tourism, Ministry of Industry, the
National Guarantee Fund which consumers can contact (with art. 21 D. lgs.
111/95) in case of insolvency or bankruptcy of declared the seller or the
organizer, for the protection of the following requirements:
a) Reimbursement of the price paid
b) His return for journeys abroad
The fund shall also provide immediate financial help is available in case of
forced return of tourists from non-EU countries during emergencies or less
attributable to conduct the organizer.
The methods of intervention are established by decree of President of the
Council of Ministers
Notes further) General contract for the sale of individual tourism services
A. Legislative measures
The contracts covered only the offer of service, residence or any separate
Service marina, can not be configured as case negotiation of organizing travel
or tour package. They are governed by the provisions of the CCV: Article 1, 3
and 6; Arts. From 12 to 23; Arts. 24 to 31, regarding the forecast other than
those relating to the contract organization as well as other agreements
specifically related to the sale of individual service under the contract.
B. Terms of contract
These contracts are also subject to the following terms of the general
conditions of contract for the sale of package tours above: art. 4 The first
paragraph; Art. 5, art. 7; art. 8; art. 9; art. 10 The first paragraph; Articles.
11, 15, 17. The application of these clauses are not absolutely determine the
configuration of its contracts as a case of the package. The terminology of
these clauses on the contract package (organizer, travel etc.) Can be understood
with reference to the corresponding figures of the sale of individual tourism
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del d.lgs. n. 196/2003 - Codice in materia di protezione dei dati
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